a true copy of his maiesties message sent to the houses of parliament by the earl of dunfermeline. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a79133 of text r201552 in the english short title catalog (thomason e391_8). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 1 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a79133 wing c2838 thomason e391_8 estc r201552 99862051 99862051 160264 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a79133) transcribed from: (early english books online ; image set 160264) images scanned from microfilm: (thomason tracts ; 62:e391[8]) a true copy of his maiesties message sent to the houses of parliament by the earl of dunfermeline. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. dunfermline, charles seton, earl of, d. 1673. 1 sheet ([1] p.) s.n., [london : 1647] imprint from wing. annotation on thomason copy: after 'houses of parliament': "unto them upon saturday june 5th: 1647"; "london. printed june the 8th 1647". reproduction of the original in the british library. eng charles -i, -king of england, 1600-1649 -early works to 1800. england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a79133 r201552 (thomason e391_8). civilwar no a true copy of his maiesties message sent to the houses of parliament: by the earl of dunfermeline. england and wales. sovereign 1647 111 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a true copy of his majesties message sent to the houses of parliament by the earl of dunfermeline . saterday june 5th 1647 i am commanded by his majestie to make known to the houses of parliament . 1. that his majestie went from holdenby unwillingly . 2. that hedesires they will neglect no means for preservation of the honour of the parliament , and the established laws of the land . 3 that they will beleeve nothing that is said or done in his name against the parliament , untill they send unto himself , and know the truth of it . london printed june the 8th 1647 die martis, 20. maii. 1642. it is this day ordered by the lords and commons in parliament assembled, that the magazines of the severall counties in england and wales, shall be forthwith put in the power of the lord lieutenants of the said counties, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a74223 of text r210540 in the english short title catalog (thomason 669.f.5[28]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 1 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a74223 wing e1605 thomason 669.f.5[28] estc r210540 99869327 99869327 160741 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a74223) transcribed from: (early english books online ; image set 160741) images scanned from microfilm: (thomason tracts ; 245:669f5[28]) die martis, 20. maii. 1642. it is this day ordered by the lords and commons in parliament assembled, that the magazines of the severall counties in england and wales, shall be forthwith put in the power of the lord lieutenants of the said counties, ... england and wales. parliament. 1 sheet ([1] p.) printed for joseph hunscott, london : 1642. title from caption and first lines of text. reproduction of the original in the british library. with engraved border. order for printing signed: joh. brown, cler. parl. eng england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a74223 r210540 (thomason 669.f.5[28]). civilwar no die martis, 20. maii. 1642. it is this day ordered by the lords and commons in parliament assembled, that the magazines of the severall coun england and wales. parliament. 1642 106 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-07 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 mona logarbo sampled and proofread 2008-08 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion die martis , 20. maii. 1642 . it is this day ordered by the lords and commons in parliament assembled , that the magazines of the severall counties in england and wales , shall be forthwith put into the power of the lord lievtenants of the said counties , respectively , ( being such as the parliament doth confide in ) for the service , and safety of his majesty and the kingdom . ordered by the lords in parliament , that this order shall be printed and published . joh. brown , cler. parl. london , printed for joseph hunscott . 1642. die sabbati 19 augusti, 1643. it is this day ordered by the house of commons, that such members of the said house as shall wilfully neglect their service in the house, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a83734 of text r211964 in the english short title catalog (thomason 669.f.7[32]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 1 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83734 wing e2608a thomason 669.f.7[32] estc r211964 99870629 99870629 161014 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83734) transcribed from: (early english books online ; image set 161014) images scanned from microfilm: (thomason tracts ; 245:669f7[32]) die sabbati 19 augusti, 1643. it is this day ordered by the house of commons, that such members of the said house as shall wilfully neglect their service in the house, ... england and wales. parliament. house of commons. 1 sheet ([1] p.) printed by l.n. for e. husbands and are to be sold at his shop in the middle temple, london : 1643. title from caption and first lines of text. an order of the house of commons for the sequestration of the estates of all such members "as shall wilfully neglect their service in the house." order to print signed: h. elsinge, cler. parliam. d. com. reproduction of the original in the british library. eng england and wales. -parliament. -house of commons -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a83734 r211964 (thomason 669.f.7[32]). civilwar no die sabbati 19 augusti, 1643. it is this day ordered by the house of commons, that such members of the said house as shall wilfully neglect england and wales. parliament. 1643 143 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-09 apex covantage keyed and coded from proquest page images 2007-10 mona logarbo sampled and proofread 2007-10 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion die sabbati 19 augusti , 1643. it is this day ordered by the house of commons , that such members of the said house as shall wilfully neglect their service in the house , by departing the cities of london and westminster , or otherwise , without particular leave first obtained from the house ; shall be reputed and taken in the same condition as those that ought to have their estates sequestred , and shall have their estates sequestred accordingly , for deserting the service of the common-wealth in the time of imminent danger . ordered by the commons in parliament that this be forthwith printed . h. elsinge , cler. parliam . d. com. london , printed by l. n. for e. husbands and are to be sold at his shop in the middle temple . 1643. upon the declaration of his majesty king charles of england the second richards, nathaniel, 1611-1660. this text is an enriched version of the tcp digital transcription a91782 of text r211920 in the english short title catalog (thomason 669.f.25[28]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91782 wing r1374 thomason 669.f.25[28] estc r211920 99870588 99870588 163833 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91782) transcribed from: (early english books online ; image set 163833) images scanned from microfilm: (thomason tracts ; 247:669f25[28]) upon the declaration of his majesty king charles of england the second richards, nathaniel, 1611-1660. 1 sheet ([1] p.) printed for j.g., london : 1660. in verse "bless mighty god great britains second king". annotation on thomason copy: "may 18". reproduction of the original in the british library. eng charles -ii, -king of england, 1630-1685 -poetry -early works to 1800. england and wales. -sovereign (1660-1685 : charles ii) -poetry -early works to 1800. great britain -history -charles ii, 1660-1685 -poetry -early works to 1800. a91782 r211920 (thomason 669.f.25[28]). civilwar no upon the declaration of his majesty king charles of england the second. richards, nathaniel 1660 287 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 tcp assigned for keying and markup 2007-07 aptara keyed and coded from proquest page images 2007-08 mona logarbo sampled and proofread 2007-08 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms upon the declaration of his majesty king charles of england the second . bless mighty god great britains second king charles : shield him divinity ( from the sting of black mouth'd murth'ring malice , make him live the worlds true mirrour , that do's now forgive freely foul facts ; foul faults , which makes all those enemies friends , that were his greatest foes . king charles the first , that glorious martyr , he of never-dying blessed memory , his chiefest charge unto his royall son was to forgive his enemies ; 't is done , for all earth's potentates t' dmire , and see king charles the seconds christian charity ; witnesse gods hand ; heav'n fights for him , by good and best of subjects ; shedding no mans blood . o beyond thought ! blest comfort to us all sent by the means of vertues general ; no fiends in flesh could sooth him to refrain obedience , true love to his soveraign . a king , whose thoughts , think it his safest living to immitate our saviour in forgiving ; praying for foes , wherein he dos comprize the funeral of all his injuries : this from sad exile , sent him home to heale the bloody wounds of englands commonweale : like man and wife , where both in love agree , king's live in peace , prudent parl'aments free . nathaniel richards . london , printed for j. g. 1660. notes, typically marginal, from the original text notes for div a91782e-30 expedit adversarios nostros condonare , memoriamque eorum ex adversariis nostris delere . rex serenissimus carolus secundus noster , non in imperio tanquam in virtute securior . several votes of the commons assembled in parliament concerning such members of the house as have any ways ayded or assisted the king in the vvar against the parliament. die veneris, 9 julii, 1647. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a83846 of text r210554 in the english short title catalog (thomason 669.f.11[43]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83846 wing e2733 thomason 669.f.11[43] estc r210554 99869341 99869341 162692 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83846) transcribed from: (early english books online ; image set 162692) images scanned from microfilm: (thomason tracts ; 246:669f11[43]) several votes of the commons assembled in parliament concerning such members of the house as have any ways ayded or assisted the king in the vvar against the parliament. die veneris, 9 julii, 1647. england and wales. parliament. house of commons. 1 sheet ([1] p.) printed for edward husband, printer to the honorable house of commons, london : iuly 10. 1647. votes and order to print signed: h: elsynge, cler. parl. d. com. no person who has aided the king, or acted by a commission of array, or sued out a pardon since 20 may 1642, or aided the rebellion in ireland, or is sequestered for delinquency, shall sit in this house -cf. steele. reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a83846 r210554 (thomason 669.f.11[43]). civilwar no several votes of the commons assembled in parliament, concerning such members of the house as have any ways ayded or assisted the king in th england and wales. parliament. 1647 406 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-11 aptara keyed and coded from proquest page images 2007-12 mona logarbo sampled and proofread 2007-12 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion several votes of the commons assembled in parliament , concerning such members of the house as have any ways ayded or assisted the king in the vvar against the parliament . die veneris , 9 julii , 1647. ordered by the commons assembled in parliament , that no person that hath been in actual vvar against the parliament , or hath acted by the commission of array , or voluntarily ayded the king in this vvar against the parliament , or that since the twentieth of may , in the year 1642. hath sued for , or voluntarily accepted a pardon from the king , or hath directed , advised , assisted , signed or consented unto the cessation of ireland , or otherwise assisted the rebellion of ireland , or as stand sequestred by authority of parliament for delinquency , shall presume to sit in this house . ordered , that the persons that shall be comprehended within this order , shall incur the penalty of being put into the second branch of the fourth qualification in the propositions , concerning such members as deserted the parliament , and sate in the unlawful assembly at oxon. ordered , that such members as are in town , or within ten miles of the city of london , as shall conceive themselves concerned in this order , shall have liberty to present their case to the house , under their hand in writing , before thursday next . ordered , that the space of twenty days shall be given to such members as are not within ten miles distance of london , that shall conceive themselves concerned in this order , to present their case to the house under their hand in writing . ordered , that if any of the members to whom the liberty of twenty days is granted , shall come to the house within the said space of twenty days , shall have four days liberty onely within the said former twenty days , to present their case under their hand in writing to the house . h : elsynge , cler. parl. d. com. ordered by the commons assembled in parliament , that these orders be forthwith printed and published : h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons , iuly 10. 1647. a letter from ireland read in the house of commons on friday septemb. 28. 1649. from mr. hugh peters, minister of gods word, and chaplain to the lord lieutenant cromwell. of the taking of tredagh in ireland, 3552 of the enenies slain, amongst which sir arthur aston the governour, coll. castles, cap. simmons, and other slain. and the losse on both sides. also the taking of trim, and dundalk. and the lord leiutenants marching against kilkenny. a letter from ireland, imprimatur hen: scobell. cleric. parliamenti. peters, hugh, 1598-1660. this text is an enriched version of the tcp digital transcription a90539 of text r206304 in the english short title catalog (thomason e574_28). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 3 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a90539 wing p1709 thomason e574_28 estc r206304 99865477 99865477 117720 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a90539) transcribed from: (early english books online ; image set 117720) images scanned from microfilm: (thomason tracts ; 88:e574[28]) a letter from ireland read in the house of commons on friday septemb. 28. 1649. from mr. hugh peters, minister of gods word, and chaplain to the lord lieutenant cromwell. of the taking of tredagh in ireland, 3552 of the enenies slain, amongst which sir arthur aston the governour, coll. castles, cap. simmons, and other slain. and the losse on both sides. also the taking of trim, and dundalk. and the lord leiutenants marching against kilkenny. a letter from ireland, imprimatur hen: scobell. cleric. parliamenti. peters, hugh, 1598-1660. england and wales. parliament. 5 p. : ill. printed for robert ibbitson in smithfield near the queens head tavern, london : 1649. page 3 contains cromwell's symbol as the lord lieutenant of ireland repeated from the title page. only about thirty persons escaped the massacre at tredagh, and they were shipped as slaves to the island of barbadoes. annotation on thomason copy: "7ber [i.e. september] 1649". reproduction of the original in the british library. eng cromwell, oliver -1599-1658 -early works to 1800. aston, arthur, -sir, 1590-1649 -early works to 1800. england and wales. -army -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. ireland -history -1649-1660 -early works to 1800. a90539 r206304 (thomason e574_28). civilwar no a letter from ireland: read in the house of commons on friday septemb. 28. 1649. from mr. hugh peters, minister of gods word, and chaplain peters, hugh 1649 276 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-05 tcp assigned for keying and markup 2007-05 aptara keyed and coded from proquest page images 2007-06 mona logarbo sampled and proofread 2007-06 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a letter from ireland read in the house of commons on friday septemb. 28. 1649. from mr. hugh peters , minister of gods word , and chaplain to the lord lieutenant cromwell . of the taking of tredagh in ireland , 3552 of the enemies slain , amongst which sir arthur aston the governour , coll. castles , cap simmons , and others slain . and the losse on both sides . also the taking of trim , and dundalk . and the lord lieutenants marching against kilkenny . a letter from ireland , imprimatur hen : scobell . cleric . parliamenti . blazon or coat of arms london printed for robert ibbitson in smithfield near the queens head tavern , 1649. blazon or coat of arms a letter from ireland , read in the house of commons on friday septemb. 28. 1649. from mr. hugh peters , minister of gods word , and chaplaine to the lord lieutenant cromwell . of the taking of tredagh in ireland . also the taking of trimme and dundalke . sir , the truth is tredagh is taken , three thousand five hundred fifty and two of the enemies slaine , and sixty foure of ours . collonell castles , and captaine simmons of note . ashton the governour killed , none spared . wee have also trimme and dundalk and are marching to kilkenny . i came now from giving thanks in the great church , we have all our army well landed . dublin septemb , 15. 1649. i am yours hugh peters . a letter from ireland , imprimatur septemb. 28. 1649. hen : scobell cleric parliamenti . finis . a congratulation to our newly restored parliament of the common-vvealth of england. w. h. this text is an enriched version of the tcp digital transcription a86219 of text r211217 in the english short title catalog (thomason 669.f.21[52]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a86219 wing h151 thomason 669.f.21[52] estc r211217 99869947 99869947 163547 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a86219) transcribed from: (early english books online ; image set 163547) images scanned from microfilm: (thomason tracts ; 247:669f21[52]) a congratulation to our newly restored parliament of the common-vvealth of england. w. h. 1 sheet ([1] p.) printed by j.t., london : in the year 1659. verse "hail, sacred common-weal; for sure thou art". annotation on thomason copy: "june 17". l copy stained with loss of imprint. reproduction of the original in the british library. eng england and wales. -parliament -poetry -early works to 1800. a86219 r211217 (thomason 669.f.21[52]). civilwar no a congratulation to our newly restored parliament of the common-vvealth of england. w. h 1659 505 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-11 aptara keyed and coded from proquest page images 2007-12 mona logarbo sampled and proofread 2007-12 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a congratulation to our newly restored parliament of the common-vvealth of england . hail , sacred common-weal ; for sure thou art the joy and comfort of each honest heart . how wert thou clouded in thy virgin-birth , that made our zion soon lose all her mirth ? thou first-born of great jove , and yet kept under by sons of earth , which was our greatest wonder ; but now it doth revive our hearts affection , to see again thy much wisht resurrection . can a true english heart now silent be , being freed from bondage and from tyrannie ? and will it not lowd 10 paeans sing ? and shout forth praises to our heavenly king ? what makes our muses silent now to be in this great change ? were all for monarchie inspir'd and tun'd ? athens i 'me sure free state brought forth great captains , as well men of pate . your fountain's dry , or else your great pan's dead , are all come life-lesse sourls ha'ing lost your head ? or has the second birth of our free-state sent ye all packing hence , and wrought your fate ? some say that in a free-born common-weal wits will increase , and come more liberal . that all are silent struck , i much admire ; did interest or gain your souls inspire ? if your great heroe were alive agen , hee 'd little thank such mercenary men , that clawd the father , and when he was gon , eat up their words , and then forsook his son . sure it is just that each one should inherit the due reward of his great acts and merit . and though great caesar vow'd romes slavery , yet rome grew great by caesars gallantry : his fault was caesars , aiming at a crown , t' enslave the publick , tread our freedoms down . but who would not of men a caesar be , so sweet is rule and royal soveraigntie ? but thanks great senators , who 'd not forgot out publick freedoms , nor the common plot of the stout royalists both new and old , that to enslave us all were grown so bold . blessed be providence 'cause ye again up stand without new wars , by small help of mans hand . be wise then now ye rulers , kisse the son , be not self-seekers , but let all be don in righteonsnesse and justice unto all , then by the hands of foes you shall not fall ; and let th'oppresseds loads be laid aside ; let trust and charge in honest hands reside . so will you flourish , and the world shall see the righteous fruits of your new olive-tree : and then i le say , predict and prophecy , your state will stand to perpetuity . so prayeth w. h. london , printed by j. t. in the year 1659. by the council of state. a proclamation. whereas by an act of the last parliament, intituled, an act for dissolving the parliament begun the third of november 1640, and for the calling and holding of a parliament at westminster the 25 of april 1660. ... england and wales. council of state. this text is an enriched version of the tcp digital transcription a84476 of text r211784 in the english short title catalog (thomason 669.f.24[48]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a84476 wing e785 thomason 669.f.24[48] estc r211784 99870483 99870483 163779 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a84476) transcribed from: (early english books online ; image set 163779) images scanned from microfilm: (thomason tracts ; 247:669f24[48]) by the council of state. a proclamation. whereas by an act of the last parliament, intituled, an act for dissolving the parliament begun the third of november 1640, and for the calling and holding of a parliament at westminster the 25 of april 1660. ... england and wales. council of state. 1 sheet ([1] p.) printed by abel roper, and tho: collins, printers to the council of state, [london] : [1660] title from caption and opening lines of text. date and place of publication from wing. "recites provisions of act for summoning parliament. no rebel in ireland, nor any one who has made war on parliament, nor their sons, may be elected. this to be proclaimed at the time and place of electing, before the elections." -cf. steele. dated at end: wednesday march 28. 1660. by the council of state at vvhitehal. annotation on thomason copy: "march. 29". reproduction of the original in the british library. eng england and wales. -parliament -qualifications -early works to 1800. catholics -england -legal status, laws, etc. -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a84476 r211784 (thomason 669.f.24[48]). civilwar no by the council of state. a proclamation· whereas by an act of the last parliament, intituled, an act for dissolving the parliament begun the england and wales. council of state. 1660 523 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-12 mona logarbo sampled and proofread 2007-12 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion by the council of state . a proclamation . whereas by an act of the last parliament , intituled , an act for dissolving the parliament begun the third of november 1640 , and for the calling and holding of a parliament at westminster the 25 of april 1660. it is expresly declared and enacted , that all persons engaged in the late rebellion in ireland , and all who profess the popish religion , and all and every other person and persons who have advised , or voluntarily ayded , abetted , or assisted in any war against the parliament , since the first day of january 1641. and his or their sons ( unless he or they have since manifested their good affection to the said parliament ) shall be incapable to be elected to serve as members in the next parliament . and whereas the council of state is given to understand , that notwithstanding the good provision that is therein made , and albeit the happiness and settlement of the nation is so much concerned in the observance thereof , yet divers persons more respecting private interests , and personal satisfactions , then publique safety , do intend , and endeavor to promote the elections of persons not qualified , as by that act is directed , to the violating of that law , and the perverting of those good ends of peace and establishment which are thereby aimed at ; therefore , according to the trust reposed in them for the due execution of the laws , and to the intent , those who have not been hitherto acquainted with the tenor and purport of that act , may be the better informed how far they are thereby obliged , and that they may avoid the penalty imposed upon the infringers thereof , the council have thought fit hereby strictly to enioyn , and require all persons any waies concerned in the election of members to serve in parliament , to take notice of the said act , and of the qualifications thereby prescribed as aforesaid , and not to do , or attempt any thing to the contrary thereof . to which purpose , the sheriffs and chief magistrates of the respective counties , cities , and borroughs of this nation , are required , at the times and places appointed for electing their knights , citizens , and burgesses , and before they do actually proceed to such elections , to cause this proclamation to be publickly read , and proclaimed in their several counties , cities , and borroughs , that none may have colour to pretend ignorance thereof ; in which behalf , the council shall expect a punctual compliance , and call those to a strict accompt who shall neglect the same . wednesday march 28. 1660. by the council of state at vvhitehal . ordered , that this proclamation be forthwith printed and published . w. jessop , clerk of the council . printed by abel roper , and tho : collins , printers to the council of state . the case of richard hutchinson, esq; against sir eliab harvey, return'd to serve as burgess for malden, in the county of essex, in the place of sir thomas darcy, deceased. appointed to be heard on the 10th day of january. 1694 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). b02602 wing c970 estc r222070 52211923 ocm 52211923 175492 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b02602) transcribed from: (early english books online ; image set 175492) images scanned from microfilm: (early english books, 1641-1700 ; 2739:2) the case of richard hutchinson, esq; against sir eliab harvey, return'd to serve as burgess for malden, in the county of essex, in the place of sir thomas darcy, deceased. appointed to be heard on the 10th day of january. hutchinson, richard, esq. 1 sheet ([1] p.) s.n., [london : 1694] caption title. publication data suggested by wing. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hutchinson, richard, -esq. -trials, litigation, etc. harvey, eliab, -sir -trials, litigation, etc. england and wales. -parliament. -house of commons -contested elections -early works to 1800. elections -corrupt practices -england -essex (england) -early works to 1800. essex (england) -politics and government -17th century -early works to 1800. broadsides -england -17th century. 2008-03 tcp assigned for keying and markup 2008-04 spi global keyed and coded from proquest page images 2008-05 emma (leeson) huber sampled and proofread 2008-05 emma (leeson) huber text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the case of richard hutchinson , esq against sir eliab harvey , return'd to serve as burgess for malden , in the county of essex , in the place of sir thomas darcy , deceased . appointed to be heard on the 10th day of january . sir eliab , according to the poll declared by the bayliffs of the town , had voices 159 richard hutchinson , esq 127 of these , sir eliab had free-men made contrary to a known , unrepealed by-law 73 the aforesaid richard hutchinson esq of such men , only 2 so that sir eliab had , legal voices , but 86 and the said richard hutchinson , esq 125 according to which , the abovesaid richard hutchinson esq had a true majority of 39 besides , sir eliab had minors 3 the said richard hutchinson esq had also a greater majority than as aforesaid , if the 16 clergy-men who voted for sir eliab , and the other free-men made on purpose to vote for him , since the death of sir thomas darcy , ( some of which were made since the delivery of the precepts ) were set aside . however , the foul and partial practices of the bayliffs , in giving honorary freedoms to them that would promise to vote for sir eliab , and denying freedoms to them who had right to be made free , unless they would make such promise ; and in delaying the election for near a month , at sir eliab's desire , in suffering him to appoint the hour of proceeding to a choice , and to govern the court at the poll , which was called over according to a list contrived to serve him , in over-ruling all just exceptions , and absolutely denying a scrutiny , though demanded , and insisted on : together with the bribery , menaces and force used on that side , it is conceiv'd , will be sufficient to make void sir eliab's election , if the aforesaid richard hutchinson , esq had not a true majority , as above . by the king and queen, a proclamation requiring all seamen and mariners to render themselves to their majesties service england and wales. sovereign (1689-1694 : william and mary) 1690 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a66324 wing w2618 estc r38103 17190490 ocm 17190490 106131 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a66324) transcribed from: (early english books online ; image set 106131) images scanned from microfilm: (early english books, 1641-1700 ; 1624:46) by the king and queen, a proclamation requiring all seamen and mariners to render themselves to their majesties service england and wales. sovereign (1689-1694 : william and mary) mary ii, queen of england, 1662-1694. william iii, king of england, 1650-1702. 1 broadside. printed by charles bill and thomas newcomb ..., london : 1690. "given at our court at whitehall the fifth day of july, 1690. in the second year of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -royal navy. great britain -history, naval -stuarts, 1603-1714. great britain -history -william and mary, 1689-1702. 2008-02 tcp assigned for keying and markup 2008-03 spi global keyed and coded from proquest page images 2008-04 mona logarbo sampled and proofread 2008-04 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king and queen , a proclamation requiring all seamen and mariners to render themselves to their majesties service . marie r. whereas divers seamen and mariners have lately left their usual and ordinary places of abode , and have removed themselves into some private and obscure places , endeavouring thereby to avoid or escape from their majesties present service : their majesties therefore , by the advice of their privy council , have upon the present extraordinary occasion , thought fit to publish this their royal proclamation ; and do hereby strictly charge and command all seamen and mariners remaining in any county of england or wales , and not listed in their majesties service , that they forthwith render themselves unto the principal officers and commissioners of their majesties navy in london , or to the commissioners of the navy at chatham , or to the commissioners of the navy at portsmouth , or to joseph fownes store-keeper and muster-master for the navy at harwich or to john addis store-keeper and muster-master for the navy at plymouth , or to the bailiffs of great yarmouth , or to the mayor of hull , or to the mayor of newcastle , or to robert henley at bristol , or to arkinson at highlake and leverpoole , in order to their being received into pay , and sent on board such of their majesties ships as shall be found most expedient for their majesties service ; and if any of them shall hereafter be found out or discovered to have neglected to obey this their majesties royal command , they shall be proceeded against with all severity . and their majesties do hereby require all mayors , bayliffs , sheriffs , iustices of the peace , constables and other officers to whom it doth or may appertain , that they cause diligent search to be made within all and every of their precincts , for the said seamen and mariners , and to seize and secure the persons of such of them as shall be there found ; and also all loose and unknown persons whatsoever , who may justly be suspected to be seamen or watermen , and to cause them to be sent to the principal officers and commissioners of their majesties navy in london , or to such other of the persons and places aforesaid , to which they may most conveniently be sent , in order to their being employed in their majesties service ; and that they send up to their majesties privy council a list of the names of all such seamen and mariners as they shall procure for the service aforesaid , together with the names of the respective persons to whom , and places to which they shall send them . and the said principal officers and commissioners , and other persons aforesaid , shall give receipts in writing for the several seamen and mariners delivered to them in pursuance hereof . and their majesties do hereby straitly charge and command , that no person or persons whatsoever , do presume to conceal , or to further or favour the escape of any seamen or mariners as aforesaid , upon pain that all and singular persons offending herein , be forthwith committed to prison by the next iustice of the peace or other magistrate , and with all severity prosecuted , as persons conspiring against their majesties and the safety of the kingdom . and their majesties are hereby pleased to make known , that money is already lodged in the hands of the persons above named , for repaying the conduct money , and other charges incident to this service . given at our court at whitehall the fifth day of july , 1690. in the second year of our reign . god save king william and queen marry . london , printed by charles bill and thomas newcomb , printers to the king and queens most excellent majesties . 1690. two speeches spoken by sir simonds d'ewes the first touching the antiquity of cambridge lately published by iohn thomas, with many ignorant and foolish mistakes which are here rectified : the other concerning the priviledge of parliament in causes civill and criminall. speeches. selections d'ewes, simonds, sir, 1602-1650. this text is an enriched version of the tcp digital transcription a67881 of text r13948 in the english short title catalog (wing d1256). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a67881 wing d1256 estc r13948 13023436 ocm 13023436 96648 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a67881) transcribed from: (early english books online ; image set 96648) images scanned from microfilm: (early english books, 1641-1700 ; 259:e196, no 24 or 259:e196, no 25) two speeches spoken by sir simonds d'ewes the first touching the antiquity of cambridge lately published by iohn thomas, with many ignorant and foolish mistakes which are here rectified : the other concerning the priviledge of parliament in causes civill and criminall. speeches. selections d'ewes, simonds, sir, 1602-1650. [2], 6 p. printed for thomas paybody ..., london : 1642. reproduction of original in thomason collection, british library. eng university of cambridge -history -early works to 1800. university of oxford -history -early works to 1800. england and wales. -parliament -jurisdiction. a67881 r13948 (wing d1256). civilwar no two speeches spoken by sir simonds d'ewes. the first touching the antiquity of cambridge, lately published by iohn thomas, with many ignoran d'ewes, simonds, sir 1642 974 5 0 0 0 0 0 51 d the rate of 51 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2000-00 tcp assigned for keying and markup 2001-12 spi global keyed and coded from proquest page images 2002-01 tcp staff (michigan) sampled and proofread 2002-01 tcp staff (michigan) text and markup reviewed and edited 2002-02 pfs batch review (qc) and xml conversion a speech spoken by sir simonds d'ewes , ( so neare as it could be collected together ) touching the priviledge of parliament in causes criminall and civill . at a committee of the house of commons in the guild-hall in london on the sixt day of ianuary 1641. sir ; i perceive that the maine doubt upon the late questioning of some of the members of the house of commons as whither or no there be any priviledge of parliament in matter of * treason or other capitall offences , in which i cannot deny but that there is a common saying ( and yet not more common then erroneous ) that priviledge of parliament doth not extend to felony and treason ; for there is a double priviledge of parliament , the one finall , and the other temporarie . our finall priviledge extends to all civill causes and suites in law , and that continues during the parliament . the other priviledge that is temporary extends to all capitall causes , as treason or the like , in which the persons and goods of the members of both houses are freed from seizure till the said houses be first satisfied of their crimes , and so doe deliver their bodies up to be committed to safe custody ; and the reason of it is evident because their crime must either be committed , within the same houses or without them ; as for example if any member of the house of commons be accused for treasonable actions or words committed or spoken within the walls of the same house then there is a necessitie that not only the matter of fact , but the matter of crime also , must bee adjudged by that house ; for it can appeare to no other court what was there done in respect that it were the highest treachery and breach of priviledge for any member of that house , to witnes or reueale what was there done or spoken without the leave and direction of the same house . and if it be for treason committed out of the house , yet still the house must bee fi●st satisfied with the matter of fact ; before they part with their members , for else all priviledge of parliament must of necessitie bee destroyed , and by the same reason that they accuse one of the said members they may accuse fortie , or fiftie , upon imaginary and false treasons , and so commit them to custody and deprive the house of their members ; whereas on the contra●y side the house of commons hath ever beene so just as to part with such members when they have beene discovered . as in the parliament de anno 27. of queene elizabeth . doctor parry being a member of the house of commons , had no articles of treason preferred against him till the house had discomposed him from being one of their members , and that the chiefe heads and branches of his said treason had beene made knowne unto the house partly by his owne confession , and partly by other proofes ; and yet if ever treason required a speedy tryall that did , for it concerned no lesse then the murder and assassination of the queene her selfe , [ see the origininall journall booke of the house of commons , de anno 27. regin . eliz. pag. 85 & pag. 103. ] and so likewise in master copleys case in the parliament in the last yeare of queene mary , who spake very dangerous words against the said queene ; yet it was tried in the house of commons as apeeares in the originall journall booke of the same house , and the said queene at their intreaty did afterwards remit it . but for the case of these gentlemen that are now in question it doth not yet appeare to us whether it bee for a crime done within the walles of the house of commons or without , so as for ought wee know the whole judicature thereof must first passe with us , for the lords did make an act declaratory in the parliament , roll de an. 4. e. 3. num. 6. that the judgments of peeres only did properly belong to them , so as i hold it somewhat cleere , that these gentlemen cannot bee condemned but by such a judgement onely as wherein the lords may joyne with the commons , and that must bee by bill ; and the same priviledge is to the members of the lords house , for wee must not thinke that if a private person should come there and accuse any of them of treason that they will at all part with that member , or commit him to safe custody till the matter of fact be first proved before them . t is true indeed that upon the empeachment of the house of commons for treason or other capitall crimes , they doe immediately commit their members to safe custody , because it is first admitted that we accuse not till wee are satisfied in the matter of fact , and secondly , it is also supposed in law that such an aggregate body as the house of commons is will doe nothing , ex livore , vel ex odio , seeing they are entrusted by the whole commons of england with their estates and fortunes . so as upon the whole matter , i conclude that the proceedings against these five gentlemen have beene hitherto illegall and against the priviledge of parliament . finis . notes, typically marginal, from the original text notes for div a67881e-30 * vide rot. ●ar . de an ●1 . & 32. ● . 6. n. 27. to the honorable the knights, citizens and burgesses, in parliament assembled. the humble petition of robert tayloe, joseph emerson, john sawbridge and edward pearce on the behalf of themselves and other poor marriners, to the number of five hundred and upwards, who served the east-india company in their late wars against the great mogul, and other heathen princes: and on the behalf of the widows and orphans of other marriners to the like number, that perished in the said wars. 1685 approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a62738 wing t1457a estc r220126 99831554 99831554 36017 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a62738) transcribed from: (early english books online ; image set 36017) images scanned from microfilm: (early english books, 1641-1700 ; 2046:20) to the honorable the knights, citizens and burgesses, in parliament assembled. the humble petition of robert tayloe, joseph emerson, john sawbridge and edward pearce on the behalf of themselves and other poor marriners, to the number of five hundred and upwards, who served the east-india company in their late wars against the great mogul, and other heathen princes: and on the behalf of the widows and orphans of other marriners to the like number, that perished in the said wars. tayloe, robert. aut emerson, joseph, fl. 1685. aut sawbridge, john, fl. 1685. aut pearce, edward, fl. 1685. aut 1 sheet ([1] p.) s.n., [london? : 1685?] imprint from wing. reproduction of the original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament -early works to 1800. east india company -early works to 1800. poor -england -early works to 1800. orphans -england -early works to 1800. 2006-10 tcp assigned for keying and markup 2006-10 aptara keyed and coded from proquest page images 2006-11 mona logarbo sampled and proofread 2006-11 mona logarbo text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion to the honorable the knights , citizens and burgesses , in parliament assembled . the humble petition of robert tayloe , joseph emerson , john sawbridge and edward pearce , on the behalf of themselves and other poor marriners , to the number of five hundred and upwards , who served the east-india company in their late wars against the great mogul , and other heathen princes : and on the behalf of the widows and orphans of other marriners to the like number , that perished in the said wars . sheweth , that the said company , in the years 1683 , 1684 , 1685 and 1686. entered your petitioners and others , on board several of their ships , viz. in the ships called the charles the second , the beauford , the cesar , the rochester , and other their ships , to make direct voyages to and from the east-indies , at very low wages and sallaries , in a merchant-like way ( there being then no wars betwixt this crown and any other princes or state in the world , nor did your petitioners apprehend any war was like to be between this crown and any the said princes . that in some short time after your petitioners arrival in the indies , the said companies agents and governors there , ingaged their said ships in an actual war against the said great mogul , and other heathen princes ; and by excessive tortures , as nailing their hands to the main-mast , whipping , and washing their wounds in brine , and other great torments , the commanders of the said ships compelled your petitioners , against their wills , and contrary to the statute made 5 eliz. chap. 5. to serve in the said companies wars , against the said heathen princes , upon their land , in parts very remote from any sea , and to make depredations without any just cause ( as your petitioners could understand ) and robbing the subjects of the said heathen princes to a very great value . that the said commanders , agents and governors , finding the said ill usage of your petitioners not to take its full effect according to their expectation , the said governors caused an order to be made in their court of admiralty held in the said indies , that your petitioners should have ( over and besides their low wages ) a sixth part of all prizes , to be divided amongst them , and the same order to be published on some of the said ships , and to be affixed to the main-masts of the same ships , to make the same more publick , and to encourage your petitioners to fight for them ; which your petitioners accordingly did . that during the said war , there was taken , by your petitioners , in prizes , to the value of 1500000 l. and upwards , which is proved in the court of exchequer , in a suit there brought , and now depending , for their majesties tenths of the said prizes , of which 260000 l. belongs to your petitioners for their sixth part , due to them not only by contract , as aforesaid , but laws of nations ; and so by the said company confess'd , in their answer in the said court in the said suit , and accordingly have paid some marriners their proportions . that whilst your petitioners were in the indies , your petitioners were necessitated to accept from the said commanders and agents , dollers at 9 s. a piece , the prime cost in england was not above 4 s. 6 d. and rack at 12 s. per gallon , the prime cost not above 9 d. per gallon , and brandy at 18 s. per gallon , by which means all your petitioners wages , and more , was expended , and many marriners , more than by the said wars , perished for want of such commodities . that your petitioners have applied themselves from time to time to the said company for the said share , or what should appear due to them , upon a just dividend thereof to be made , and for their non-performance thereof , your petitioners , the last sessions of parliament , were about to address themselves to this honorable house for relief therein ; whereupon a worthy member of his honorable house , then governor of the said company , having notice , promised your petitioners satisfaction if your petitioners would forbear their said address ; which promise your petitioners relying upon , did accordingly forbear , but hitherto cannot get any manner of satisfaction , and in want thereof , are grown so necessitous , that many are forced to be relieved by their respective parishes wherein they respectively live . and forasmuch as this honorable house hath ordered the said company to bring in their books , and a state of their debts and credits ; your said poor petitioners do humbly hope and pray , that this honorable house will take notice , that your petitioners may have credit upon the said companies books for the said summ so due and owing to your petitioners , in order that they may have satisfaction for the same , for that the said prizes have been converted to the use and benefit of the said company ; and to afford such further relief to your petitioners , as to this honorable house shall seem fit . and your petitioners ( as in duty bound ) shall ever pray , &c. many remarkeable passages from both houses of parliament from the 12 of may till this present concerning the great affaires of the whole kingdome : with many more passages of great consequence concerning sir edward deering and divers other kentish-men : and concerning a charge to be drawne up against them for their speedy tryall : with the examination of mistresse sanders, living at ratcliffe, sister to oneale, before the house of commons the 12 of may, 1642 : also another examination by the honorable house of commons concerning sir nicholas cole and the inhabitants of newcastle, may 13, 1642 : together with an order of both houses of parliament concerning the continuance of the terme at westminster : likewise his majesties letter to the gentry of yorkshire, may 16, 1642. this text is an enriched version of the tcp digital transcription a37835 of text r2516 in the english short title catalog (wing e1644). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 8 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a37835 wing e1644 estc r2516 12630115 ocm 12630115 64722 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a37835) transcribed from: (early english books online ; image set 64722) images scanned from microfilm: (early english books, 1641-1700 ; 252:e148, no 6) many remarkeable passages from both houses of parliament from the 12 of may till this present concerning the great affaires of the whole kingdome : with many more passages of great consequence concerning sir edward deering and divers other kentish-men : and concerning a charge to be drawne up against them for their speedy tryall : with the examination of mistresse sanders, living at ratcliffe, sister to oneale, before the house of commons the 12 of may, 1642 : also another examination by the honorable house of commons concerning sir nicholas cole and the inhabitants of newcastle, may 13, 1642 : together with an order of both houses of parliament concerning the continuance of the terme at westminster : likewise his majesties letter to the gentry of yorkshire, may 16, 1642. england and wales. sovereign (1625-1649 : charles i) 8 p. printed for t. ryder, london : 1642. a news summary, to which are added the text of the order of "both houses of parliament," actually of the house of lords and the text of the king's letter. reproduction of original in thomason collection, british library. eng dering, edward, -sir, 1598-1644. england and wales. -parliament. -house of lords. england and wales. -parliament. great britain -history -charles i, 1625-1649 -sources. a37835 r2516 (wing e1644). civilwar no many remarkeable passages from both houses of parliament, from the 12. of may till this present, concerning the great affaires of the whole england and wales. parliament 1642 1271 11 0 0 0 0 0 87 d the rate of 87 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2006-01 tcp assigned for keying and markup 2006-01 aptara keyed and coded from proquest page images 2006-02 mona logarbo sampled and proofread 2006-02 mona logarbo text and markup reviewed and edited 2006-04 pfs batch review (qc) and xml conversion many remarkeable passages from both houses of parliament . from the 12. of may till this present , concerning the great affaires of the whole kingdome . with many more passages of great consequence concerning sir edward deering and divers other kentish-men , and concerning a charge to be drawne up against them for their speedy tryall . with the examination of mistresse sanders , living at ratcliffe , sister to oneale , before the house of commons , the 12. of may , 1642. also another examination by the honourable house of commons , concerning sir nicholas cole , and the inhabitants of newcastle . may 13. 1642. together with an order of both houses of parliament , concerning the continuance of the terme at westminster . john browne cleric parliament . likewise his majesties letter to the gentry of yorkeshire , may , 16. 1642. london , printed for t. ryder .. 1642. many remarkable passages from both houses of parliament , from the 12. of may , till this present , concerning the great affayres of the whole kingdome . upon the 9. day of this present moneth of may , there was a committee of the house of commons sate concerning the differences betweene sir nicholas cole ( major ) and the townesmen of newcastle ; where witnesses were examined in that cause , and an order issued to be sent to newcastle forthwith to mason castle for the bringing up of more witnesses . vpon this present day there was also then given up at the court gate a command from his majesty by sir nicholas hand for the speedy repaire of all his majesties servants in ordnary to yorke , upon paine of his maiesties displeasure , the house of commons falling into consultation of the malignant party of the kingdome , and among o●hers , of sir edward deering , and the residue that were instructers in the late scandalous petitions delivered from kent and having prepared a charge against them , at a desi●ed conference it was then moved for their speedy triall . vpon the 12. day of this instant moneth , one mrs. sanders of ratcliffe , sister to oneale , was brought to the house of commons upon report made that they furnished oneale with con●eniencies for his escape , who being examined thereupon before a committee appoynted , and denying thereof , was committed to custody , till convenient time for her examination . divers committees of this house of commons , were appoynted to meet on wednesday last in the afternoone , for sr. cornelious vermud●●s bill , for the fines of recusants and other delinquents . but the body of the house met and sate in a committee , for the nomination of the time and place , for the sinod to meet , which occasioned much conferring , the lords assembled in this present parliament , received a complaint against one captaine jackso● , who had formerly had command in the i le of providence , before the rising of the spaniard , by a souldier for aff●onts under him that voyage , and concerning some pretended oppressions and traines laid to take away h●s life ( by the said captain ) after some debate thereof it was referred to a committee for examination . upon the 13. day of this present moneth , 1642. the house of commons taking into consideration his majesties date message , and the danger the committees of each house underwent residing at yorke , then after some debate they voted , that whosoever hee were that should attach or imprison either the said members , or any other of each house , imployed on their service , should be accounted as an enemy to the state and common-wealth , &c. which being acquainted the lords at a conference , it were assented too , and a joynt order issued for the printing of the said votes . and likewise order issued to the sheriffe of yorkeshire , for the sending up of those delinquents in their county ▪ formerly sent for , but not yet appeared . die martis , 17 maii , 1642. whereas the lords in parliament , have this day beene informed , that the king is resolved to adjourn the next terme from westminster to yorke ; upon which , the lords sent a committee to the lord keeper of the great seale of england , to know of him , whether hee had received my command touching the same , who acquainted the said committee , that hee had received command from his majesty , to issue proclamations and writs , to that purpose . whereupon , this house taking the said matter into consideration , hath voted : that the kings removall of the terme to yorke , from westminster , during sitting of this parliament , is illegall . and hath further ordered , that the said lord keeper shall not issue out any writs , or seale any proclamation , for adjourning the said next terme from westminster to yorke , as aforesaid . joh. browne , cleric . parl. his majestes letter to the gentry of yorkshire , may , the sixteenth , 1642. to our right trusty and well beloved the gentry of york , and others of this our county of york , whom it doth or may concern . we have with great contentment considered your mercifull and affectionate answer to our proposition concerning the unsufferable affront which we received at hull , we have not bin deceived in that confidence we had in your affection , wherefore we desire you to assure the rest of your countrymen , who through negligence were omitted to be sum●oned : that we shall never abuse your love by any power wherewith god shall enable us to the least violation of the least of your liberties , or the diminution of those immunities which we have granted you this parliament , though they be beyond the acts of most ( if not all ) our predecessours ; being resolved with a constant and firme resolution to have the law of this land duely observed , and shall endeavor onely so 10 preserve our just royall rights , as may enable us to protect our kingdome and people , according to the ancient h●●ors of the kings or england , and according to the trust which by the law of god and this land is put into the crowne , being sufficiently warned by the late affront at hull , not to transferre the same o●● of our power concerning which affront we will take some time to advisse , which way we may usefully imploy your affections , in the mean time we shall take it well from all such as shall personally attend us , so followed and provided , as they shall thinke fit for the better safety of our person , because we know not what suddain violence , or affront may be offered unto us , having lately received such an actuall testimony of rebellious intentions as sir-john hotham have expressed at hull : being thus secured by your affections and assistance we promise you our protection against any contrary power whatsoever , and that you shall not be molested for your humble and modest petition , as of late have been threatned . given at our court at yorke , may the 16. 1642. finis . a letter from the head-qvarters, at st. albanes, communicating the proceedings of the generall councell of the army the weeke past: setting downe such queries by the officers and souldiers, as were presented to the generall and councell. written to a friend in london, november, 10. johnson, richard, 17th cent. this text is an enriched version of the tcp digital transcription a87606 of text r205691 in the english short title catalog (thomason e470_34). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 8 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a87606 wing j814 thomason e470_34 estc r205691 99864995 99864995 117228 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a87606) transcribed from: (early english books online ; image set 117228) images scanned from microfilm: (thomason tracts ; 75:e470[34]) a letter from the head-qvarters, at st. albanes, communicating the proceedings of the generall councell of the army the weeke past: setting downe such queries by the officers and souldiers, as were presented to the generall and councell. written to a friend in london, november, 10. johnson, richard, 17th cent. 8 p. printed in the yeare, [london] : 1648. place of publication from wing. a list following johnson's letter describes the army's grievances with the proposed peace treaty with king charles. annotation on thomason copy: "novemb: 14". reproduction of the original in the british library. eng england and wales. -army -early works to 1800. great britain -history -civil war, 1642-1649 -peace -early works to 1800. a87606 r205691 (thomason e470_34). civilwar no a letter from the head-qvarters, at st. albanes,: communicating the proceedings of the generall councell of the army the weeke past: settin johnson, richard, 17th cent. 1648 1380 19 0 0 0 0 0 138 f the rate of 138 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-05 tcp assigned for keying and markup 2007-05 apex covantage keyed and coded from proquest page images 2007-06 mona logarbo sampled and proofread 2007-06 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a letter from the head-qvarters , at st. albanes , communicating , the proceedings of the generall councell of the army the weeke past : setting downe such queries by the officers and souldiers , as were presented to the generall and councell . written to a friend in london , november , 10. printed in the yeare 1648. a letter from the head quarters . sir : it is fit my service should last as long as your commands ; and since your desires are but the discharge of my ingagements to you , it being my positive promise to communicate to you the debates , results , and desires of the counsell , and private souldiery , and officers of the army ; i heere send you what hath beene transacted since saturday , which transactions are very high , and may doe much good for this kingdome , if god be but pleased ●o owne us in counsell as he hath owned us in the field : the regiments have delivered in their desires , and some queries to the counsell , and wee doe dayly expect some more from the lieftenant generalls army , which wee conceive will be as high as our armies ; the souldiers are growne to a great dislike of the parliament , and much doubt their owne safety under the hands of them , and conceive they have great reason , considering the mutabillity and unconstancy of their ●esolutions , and are ready to say , that the majo● part of the now sitting commons , and the whole house of peeres are as changeable as the camelion ; vote an affirmative , and as contrary with the same breath , which wee believe is very dangerous to both kingdome and army , and much tends to the ruine and destruction of both ; knowing very well that instabillity and changing is bid to be ware of by the wisest of men ; medle not with them that are given to change , for their calamities shall be great , and who shal know the ruines of them ? but you shall receive the queries and desires heere inclosed , which wee conceive to be both reasonable and honest ▪ and much tending to the happinesse of both kingdome and army : i am something in haste , and cannot inlarge my selfe at present , but in my next you shall receive a full account of all the pr●ceedings of the counsell and army ; from him who is , sir , your friend to serve you , r. johnson . let my service i pray salute all our friends in holburne , queen-street , and savoy . honourable : vvee shou'd , and are worse be witched then the galatians , if wee should believe that this treaty were any thing other then a snare to enslave and ruine , and truely wee cannot but thinke a spirit of madnesse hath possessed the hearts of all those who believe this treaty , or a treaty with those wee have conquered twice , can any way prove propitious to us , or this kingdome , there is none so blinde as those which doe not see slavery and bondage coming upon us , and our posterity , as travell upon a woman with childe , which wee cannot escape if this treaty take effect ; therefore wee present our sence of it , with all humblenesse to this honourable couns●ll in a few queries , desiring that they may be speedily taken into consideration , as things that are the sole good , and in which all our happinesse is wrapt up in . first , vvhether an ordinance made by parliament in a time ( unquestionable ) of freedome , and liberties , and in a full house upon mature deliberation , and after many dayes debate , and after all objections made against no addresses to the king , and a full vote passed in the house to governe without him : let it be judged whether the safety of a kingdome can be free in the hands of such , when they vote the contrary upon a tumultuous petition , and treat with , and court our conquered enemy . 2. vvhat is an ordinance of parliament worth , or will be accounted of by any , if as soone as it s granted , or upon any rebellion or insurrection , though at a hundred miles distance it may be recalled ? what a slender ground and foundation , nay upon what a broken reed , doe , and will men say they have built on all this while , in venturing their lives , and hazarding all that is deare unto them , or in acting for the parliament , or by an ordinance ? therefore we cannot thinke our selves in safety , so long as things are thus carried . whether or no in the judgement of any indifferent men it can stand with the honour , justice , authority , and gravity of the supreame court of judicature , and the great counsell of a kingdome , when upon mature deliberation , and waighty reasons in the most legall way , when noe addresses have beene voted in a full house to the king , and now addresses made , & he courted as one that hath not had the least finger in all ●hat innocent blou● that hath been shed , when he himselfe hath confessed to be the author of all , and guilty of that bloud that hath been spilt in these 3 kingdomes . 3. whether the army can be in safety when those their knowne enemies have the managing of this treaty , and are most forward to support that which will ruine us and our posterity . 4. whether the army can bee in safety , when the counsell of the citizens are the sole guide of the parliaments transactions , and the absolute influence into the councells of the same , and those of the citizens too , which are our profest enemies . 5. vvhether the army and kingdome can be in safety , when the desires and requests of the malignants are so frequently granted , and the onely men put in places of trust . 6. vvhether the kingdome and army can be in safety , or we ever expect a blessing from heaven , so long as the chiefe abetter , and maintainer of these wars live without punishment , and be not brought to justice . 7. vvhether there can bee safety for the kingdome and army , so long as the kings friends go abroad , and are suffred to weare armes , and pistols , and murder our friends , and are not put to death , and brought to condigne punishment . and now we conceiue that it is the sence of your excellency and this councell , that the kingdome is in danger , if these things be not tak●n in your serious consideration , and by your wisedome and care prevented : & we present unto you our humbledesire . first , that those which have beene the princip●l of the first and second war , may be tryed by a coun●cil of war , as prisoners at war . 2. that all those of both houses , who v●ted with those that would have further addresses may bee ●questred the house , as well those of the peeres as th●●e of commons . 3. that those citizens which indeavoured the raising of an army , when we were at colchest●r may be forthwith apprehended , and brought to ex●mpla●y punishment ▪ being they indeavoured to rai●e without any authority or ordinance of parliament . 4. that the treaty may not go on any further , but may be speedily broke off , and a course taken that no tearmes may be h●●kened to , or offred to that party but that speedy justice may be done upon him and his adherents . finis . a publike declaration and protestation of the secured and secluded members of the house of commons against the treasonable and illegall late acts and proceedings of some few confederate members of that dead house, since their forcible exclusion, 13. febr. 1648. this text is an enriched version of the tcp digital transcription a83807 of text r205365 in the english short title catalog (thomason 669.f.13[88]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 9 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83807 wing e2691 thomason 669.f.13[88] estc r205365 99864766 99864766 162984 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83807) transcribed from: (early english books online ; image set 162984) images scanned from microfilm: (thomason tracts ; 246:669f13[88]) a publike declaration and protestation of the secured and secluded members of the house of commons against the treasonable and illegall late acts and proceedings of some few confederate members of that dead house, since their forcible exclusion, 13. febr. 1648. england and wales. parliament. house of commons. 1 sheet ([1] p.) s.n., [london : 1649] imprint from wing. reproduction of the original in the british library. eng charles -i, -king of england, 1600-1649 -early works to 1800. charles -ii, -king of england, 1630-1685 -early works to 1800. england and wales. -parliament. -house of commons -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a83807 r205365 (thomason 669.f.13[88]). civilwar no a publike declaration and protestation of the secured and secluded members of the house of commons; against the treasonable and illegall lat england and wales. parliament. 1649 1391 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-09 apex covantage keyed and coded from proquest page images 2007-11 elspeth healey sampled and proofread 2007-11 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a publike declaration and protestation of the secured and secluded members of the house of commons ; against the treasonable and illegall late acts and proceedings of some few confederate members of that dead house , since their forcible exclusion , 13. febr. 1648. we the secured and secluded members of the late house of commons , taking into our sad and serious considerations the late dangerous , desperate & treasonable proceedings of some few members of that house ( not amounting to a full eighth part of the house if divided into ten ) who confederating with the officers and general councel of the army , have forcibly detained and secluded us ( against the honour , freedome , and priviledges of parliament ) from sitting and voting freely with them , for the better setling of the kingdomes peace ; and contrary to their oathes of allegiance and supremacy , their protestation , the solemne league and covenant , and sundry declarations and remonstrances of both houses , to his late murdered majesty , his heires , and successours , the whole kingdomes of england , scotland , and ireland , and to all foraigne states and nations ( since our exclusion and forced absence from their counsels , by reason of the armies force ) most presumptuously arrogated and usurped to themselves the title of , the supreme authority of this kingdome : and by colour and pretence thereof , have wickedly and audaciously presumed , without and against our privities or consents , and against the unanimous vote of the house of peers , to erect a high court of justice ( as they terme it ) though never any court themselves , to arraigne and condemne his majesty against the lawes of god , and the municipall lawes of the realme : which court ( consisting for the most part of such partiall and engaged persons who had formerly vowed his majesties destruction , and sought his bloud ) most illegally and unjustly refused to admit of his majesties just reasons and exceptions against their usurped iurisdiction ; and without any lawfull authority or proofe against him , or legall triall , presumed most trayterously and impiously to condemne and murder him : and since that , have likewise presumed to trie and arraigne some peers , and others free subjects of this realme for their lives , contrary to magna charta , the petition of right , the lawes of the land , and the liberty of the subjects , to the great enslaving and endangering of the lives and liberties of all the free people of england . and whereas the said confederated commons , have likewise tyrannically and audaciously presumed contrary to their oathes and engagements aforesaid , to take upon them , to make acts of parliament ( as they terme them ) without our privity or assents , or the joynt consent of the king and house of lords , contrary to the use and priviledges of parliament and known laws of the land , and by pretext thereof have trayterously and wickedly endeavoured to dis-inherit the illustrious charles prince of wales , next heire to the crowne , and actuall king of england , scotland , france and ireland , immediately after his said royall fathers barbarous murther , by right of descent ; and proclaimed it treason , for any person to proclaime him king ; ( whereas it is high treason in them thus to prohibit his proclaiming ) and have likewise trayterously and impudently encroached a tyrannicall and lawlesse power to themselves to vote downe our auntient kingly and monarchicall government , & the house of peers ; and to make a new great seale of england without the king's portraicture or stile , & to alter the antient regall and legall stile of writs , and proceedings in the courts of iustice ; and to create new iudges , and commissioners of the great seale , and to dispense with their oaths of supremacy and allegiance , and to prescribe new oaths unto them contrary to law , ( though they have no authority by any law , statute , or custome to administer or injoyne an oath to any man ) and thereby have trayterously attempted to alter the fundamentall laws and government of this kingdome , and to subvert the freedome , priviledges and beeing of parliaments ; for which treasons , strafford and canterbury ( though lesse criminall ) lost their heads this last parliament , by some of their owne prosecutions , and the judgment of both houses . we in discharge of our respective duties and obligations both to god , the king , our owne consciences , our bleeding dying kingdomes , and the severall counties , cities and burroughs for which we serve , doe by this present writing , in our owne names , and in the names of all the counties , cities , and burroughs which we represented in parliament , publickly declare and solemnly protest before the all-seeing god , the whole kingdomes of england , scotland , and ireland , and the world , that we doe from the bottome of our hearts abominate , renounce and disclaime all the said pretended acts , votes , and proceedings of the said confederate members , ( acted under the armies power against our consents ) as treasonable , wicked , illegall , unparliamentary , tyrannicall , and pernitious both to the king , parliament , kingdomes , and all the free borne people of this realme ; extreamly disadvantagious and dishonourable to our nation , scandalous to our religion , and meer forcible usurpations , and nullities void in law to all intents and purposes ; which we , and all the free-men of this kingdome , and all the kingdomes and dominions thereto belonging , are bound openly to disavow , oppugne , and resist as such , with our purses , armes , lives , to the last drop of our blouds ; and to which , neither we , nor any other can , ought , or dare to submit or assent in the least degree , without incurring the guilt of high treason , and the highest perjury , infamy & disloyalty . and in case the said confederates shall not speedily retract , & desist from those their treasonable practises , and tyrannical usurpations ; ( which we cordially desire and entreat them by all obligations of love and respect they have to god , religion , their king , country , & posterity timely to do . ) we do hereby denounce & declare them to be traytors & publike enemies both to the king and kingdome , and shall esteem and prosecute them , with all their wilfull adherents , and voluntary assistants as such ; and endeavour to bring them to speedy and condigne punishment , according to the solemne league and covenant ; wherein , we trust the whole kingdome , all those for whom we serve , and the lord of hosts himself to whom we have sworne and lifted up our hands , hearts , and fervent prayers will be aiding and assisting to us , and all our brethren of scotland & ireland who are united & conjoyned with us in covenant to our god , and allegiance to our soveraigne king charles the second , who ( we trust ) will make good all his destroyed fathers concessions which really concerne our peace , or safety , and secure us against all force and tyranny of our fellow-subjects ; who now , contrary to their trusts and former engagements , endeavour by the meer power of that sword , which was purposely raised for the protection of our persons , government , religion , lawes , liberties , the king' 's royall person and posterity , and the priviledges of paaliament ) to lord it over us at their pleasure , and enthrall and enslave us to their armed violence , and lawlesse martiall wills ; which we can no longer tolerate nor undergoe , after so long fruitlesse and abused patience in hope of their repentance . finis . a letter to his excellency the lord general monck t. s. this text is an enriched version of the tcp digital transcription a92674 of text r211584 in the english short title catalog (wing s170). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 8 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a92674 wing s170 estc r211584 36273085 ocm 36273085 150250 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a92674) transcribed from: (early english books online ; image set 150250) images scanned from microfilm: (early english books, 1641-1700 ; 2237:23) a letter to his excellency the lord general monck t. s. 1 sheet ([1] p.). [s.n.], london : printed in the year 1659 [i.e. 1660] actual date of publication from wing (2nd ed.). signed: t.s. on the proceedings of the rump. reproduction of original in the guildhall (london, england) eng albemarle, george monck, -duke of, 1608-1670. england and wales. -parliament. broadsides -london (england) -17th century. a92674 r211584 (wing s170). civilwar no a letter to his excellency the lord general monck. t. s 1660 1554 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2008-01 mona logarbo sampled and proofread 2008-01 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a letter to his excellency the lord general monck . my lord , amongst the throng of persons that crowd to tell their grievances , and to beg your relief , as an english-man i cannot be unconcern'd , nor you in justice refuse to hear me : i do not intend to trouble you with a long series of the unhappy war , your own experience in that is able to inform you ; but onely to give you some little accompt faithfully of what hath happen'd since lambert's last interrupting that which so daringly assumes the name of a parliament , with more impudence than justice , with more madness than merit : when lambert had by violence forc'd the members from sitting in the house , and as indiscreetly left them at liberty , you were then the onely person who might visibly restore them , then they look'd upon you as their redeemer , which you really were . having now once more by your favour gras'pd a power which they believ'd they should not out-live , to secure themselves as well from you as others , they commanded you up , and under a pretence of taking you into an administration of affairs with them , in stead of a general which you were in the north , and his excellency , they made you a single commissioner , the last of foure ; and lest that number , whereof three were a quorum , should not ballance you , they added another ; so that you must be over-awed in vote , and submit to those who never yet durst openly make you their enemy , and are unfit to be your friends . when they saw ( with eyes full of malice and jealousie ) how your whole march was but one entire triumph , and that all persons , of all conditions , ages , and sexes , met you , either to unbosome themselves and tell their miseries , and pray your help ; or , give you the acclamations due to a blood-less victory ; they now thought you too great and too good to live , and were preparing your herse and cypress , while you brought them the olive-branch of peace : first , to try you , they offered you an oath , which i think no sober conscientious person will take , it being in effect but to bind up the hand of providence , and to set ones face against that power , which ( for ought we know ) may intend us for our good , or punishment , what we so much fear ; and to either we ought quietly to submit . this not taking , they endevoured , first to render you odious , that they might more easily destroy you , and send you unpityed to your grave and scorn'd , robbing you first of that which should have sweetly preserv'd your name to posterity , your honour : to effect this , they commanded you to go with your army into the city , and there to imprison their members , break down their gates , port-cullises , chains and posts , and whatsoever look'd like a fence for that freedome hath so long been theirs ; what an angry and sad face you saw the city wear for that action , you know : nor would their malice to your fame have ended here , for you were to assist at the horrid murthering of some citizens and common-council men , whom they intended to hang at their own dores , in terror to the rest ; when this was done , you were to disarm them , and to level their walls to the ground , and to have found in their ruines your own : for , when by these accursed actions they had fix'd an odium upon you , then were you to fall a sacrifice to their ambition , whom nothing can satisfie but the tyranny over three nations at once , and from a deliverer become a victim : your prudence wisely foresaw this , and finding how odious they endevoured to make you , and how closely they had contriv'd your ruine , you put a stop to their horrid designes , and by countenancing the city in their equitable desires , have rais'd in all such an admiration , and for your self so great a stock of glory , as you cannot , but by some strange act of indiscretion , forfeit or lose ; you cannot but take notice to what a strange height of joy that good action rais'd every sober person , and if you wanted inclinations in your own soul to do us good , you might be lighted to them by those fires which were kindled for your triumph that night , and would ( had you gone on ) in all probability , have prov'd your funeral pile , few days after . you have fairly began our deliverance , leave it not here , for your safety and our good are so link'd together and alli'd , that neither can fall singly : you have by an act of honour and justice exasperated a party against you , whose principles are damnable , whose spirits are implacable ; by the one they pretend and believe , by a strange kind of saintship , a title to all our lives and fortunes , and that they were by grace born our heirs ; by the other they have in them so great a thirst after revenge , like italians , they kill with a smile ; and however they may for safety seem friends , are never to be atton'd ; how hardly they forget and pardon injuries , the late northern expedition will manifest ; for when the officers of lambert's army by an early defection and submission thought to preserve their places , though the first did their business without a blow strook , yet not one of forty was continued in his command ; and if they urge their mercy to lambert , 't is not their clemency but necessity , hoping by his interest among the fanatiques , to ballance , or countermand and check your power : nor is there any thing so sacred that can bind them , they having violated all covenants and oaths , and it is to be beleiv'd , press others to do the like , that they may make others as hateful and abominable as themselves ; in this imitating their master the devil , who is watchful and industrious for our damnation , for envy and company : besides , my lord , you have provok'd them , by fixing upon them a character in your speech , which the whole body of our language cannot equal , and they can never forgive or forget , for it will live as long as the name of rump , that spawn'd them . having thus deservedly made them your enemies , it is too late to make them your friends , nor can they expect it ; and unless you will be so imprudent as to cast off the love and protection of all sober persons , and betake your self to a villanous , accursed , hated , deformed monster of confusion , which your self have condemned and branded with an eternal mark of infamy , you cannot own or act with them , or for them : you gave them a fair time to perform your just desires , which they have slighted , and forfeited your protection ; if you stand by them any longer , you put your hand to your owne destruction , to farther it ; and your delay , which is all they ask , is but the basis of your ruine ; you may see by their favourable censure of lambert what they intend ; and you know who were last week in consultation , and what party he was to head : your ignorance cannot , your courage will not , let not your irresolution destroy you and the three nations ; on you depends their hopes , frustrate them not , lest you fall with them , and suffer not this insulting dragons taile of tyranny to oppress us longer ; you have a glorious opportunity put by providence into your hands to make your self great and safe , beloved of good men , and terrible to the bad , lose it not by delaying ; that ( when your name is read in the number of those deliverers whom fame and truth have faithfully committed to posterity ) you may be remembred with joy and honour in after generations : but , if on the contrary , your patient but dangerous expecting from these tyrants a settlement , make you lose the glory of so brave an action , you will assuredly fall with our hopes , unpityed , accursed , and with your own , conclude the three nations tragoedy . your servant and honorer t. s. london , printed in the year . 1659. their majesties declaration for encouragement of officers, seamen, and mariners employed in the present service england and wales. sovereign (1689-1694 : william and mary) 1689 approx. 8 kb of xml-encoded text transcribed from 3 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-12 (eebo-tcp phase 1). a66236 wing w2504 estc r21974 12484691 ocm 12484691 62276 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a66236) transcribed from: (early english books online ; image set 62276) images scanned from microfilm: (early english books, 1641-1700 ; 301:8) their majesties declaration for encouragement of officers, seamen, and mariners employed in the present service england and wales. sovereign (1689-1694 : william and mary) william iii, king of england, 1650-1702. mary ii, queen of england, 1662-1694. halifax, charles montagu, earl of, 1661-1715. 3, [1] p. printed by charles bill and thomas newcomb ..., london : 1689. caption title. "given at our court at hampton-court this 23d. day of may, 1689"--p. 3. signed at end: cha. montague. imprint from colophon. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -royal navy -pay, allowances, etc. 2005-05 tcp assigned for keying and markup 2005-07 spi global keyed and coded from proquest page images 2005-08 mona logarbo sampled and proofread 2005-08 mona logarbo text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion their majesties declaration for encouragement of officers , seamen and mariners , employed in the present service . william r. their majesties out of their princely care and wisdom , with great tenderness and regard having taken into consideration the condition of their seafaring subjects , as well officers as seamen and mariners , and with intent and purpose that their resolution and forwardness , valour and faithfulness in the present service , necessarily undertaken for the honour and defence of their majesties dominions , the support of the protestant religion , and security of the commerce and trade of their subjects may be duly rewarded and encouraged , by and with the advice of their council , have thought fit to publish and declare , that all captains , seamen and others that do or shall serve in any of their majesties own or merchant ships employed in their service , shall ( for time to come in lieu of all prizes ) have and receive from their majesties for every ship or prize they shall lawfully take , whether merchant men , or men of war , laden or light , the sum of ten shillings for every tun the said ship shall measure , according to the ordinary rule of shipwright's hall , and six pounds thirteen shillings and four pence for every piece of ordnance , whether iron , or brass , the same to be paid by the collector for prize goods within ten days after the payment of the ships ( in case adjudication be made of the ship in the admiralty court ) to be shared and divided amongst them proportionably , according to the respective places and offices in the ship in which they serv'd , and according to the custom of the seas in that case . and further , that it be lawful for all captains , seamen , and others , serving as aforesaid , to take and have to themselves as pillage , without further or other account to be given for the same , all such goods and merchandizes as shall be found by them , or any of them , in any ship ( they shall take in fight as prize ) upon or above the gun-deck of the said ship , and not otherwise : and for every man of war sunk or destroyed by firing or otherwise , to have ten pounds a gun only , to be divided as aforesaid , to be paid by the commissioners for prize goods , within ten days after the payment of the ship as aforesaid , upon certificate of the matter of fact stated by the council of war. that in paying the wages of all seamen and mariners , that now do , or hereafter shall serve on board any of their majesties ships , the following method and regulation shall be observed ; that all seamen and mariners that on the first of november next , shall have been in their majesties service six months , shall by themselves or assigns receive full two months pay ; and in like manner those that on the first of may next shall have been in the service six months , shall receive other two months pay , and so ( till their ships be paid off ) shall continue to receive two months pay ▪ after having served six months from the aforesaid days of payment ; for which pay or pays for two months from time to time , as aforesaid , tickets shall be given gratis under the hands of the commander , and other officers usually appointed in signing them , and letters of attorney shall be also attested under the hands of the aforesaid signing officers gratis , in such manner as shall be thought to conduce most to the benefit , support , and ease hereby intended to seamen in general and their families , of whom care shall be taken that these payments be made accordingly . and all commanders are hereby strictly charged and required not to discharge any seaman from their majesties ships , without giving the person so discharged the usual ticket for the time of his service . that care shall be taken for defraying the charges of sick and wounded men , and for the relief of widows , children and impotent parents of such as shall be slain in the service at sea ; and for medals , or other rewards to such officers and seamen of the fleet , as shall be found to have done any eminent or extraordinary service : and that for supplying of necessary provisions for sick and wounded men on board , there shall be allowed by his majesty five pounds for six months service for every hundred men. that upon the discharge of sick and wounded men from the ships in their majesties service , care shall be taken for the payment of their tickets and conduct money . that directions shall be given to all mayors , bailiffs , or other magistrates in any port towns to take care for all necessary accommodations at the charge of their majesties , for the relief and cure of such sick and wounded men as shall be sent on shoar . that the moyety of our hospitals in england , employed for the cure of wounded and sick people , be reserved during the time of war at sea , for such as shall be wounded in the service of the navy , as they shall become void from and after the first day of june next . 1689. given at our court at hampton-court this 23d . day of may , 1689. in the first year of our reign . at the court at hampton-court , the twenty third of may , 1689. present , the king 's most excellent majesty . his r. highness prince george of denmark , lord privy-seal , duke of norfolk , duke of schonberg , earl of oxford , earl of shrewsbury , earl of nottingham , earl of maclesfeld , earl of portland , earl of fauconberg , viscount newport , viscount sydney , lord bishop of london , mr. vice-chamberlain , admiral herbert , mr. russell , mr. boscawen . it was this day ordered by his majesty in council , that their majesties gracious declaration for encouragement of officers , seamen and mariners , employed in the present service be forthwith printed by his majesties printers : and that so many copies thereof as shall be required by the right honourable the commissioners for executing the office of lord high admiral of england , be disposed of as they shall think fit and direct ; and so many also to the principal officers and commissioners of his majesties navy royal , by them to be distributed to such persons and places as in their judgments shall seem convenient : some of them also to his majesties principal secretaries of state , and to the lords of his majesties most honourable privy council . cha. montague . london , printed by charles bill , and thomas newcomb , printers to the king and queen's most excellent majesties , 1689. colonel hammond's letter sent to william lenthal esq; speaker of the honorable house of commons, concerning mr. osborns late scandalizing the said colonel, and the rest of the gentlemen now attending the king : which letter was read in the house of commons. together with an order of the commons for the said osborn to appear within fourty days to make good his allegation. published by authority. hammond, robert, 1621-1654. this text is an enriched version of the tcp digital transcription a87051 of text r202525 in the english short title catalog (thomason e449_32). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 8 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a87051 wing h621 thomason e449_32 estc r202525 99864484 99864484 161875 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a87051) transcribed from: (early english books online ; image set 161875) images scanned from microfilm: (thomason tracts ; 71:e449[32]) colonel hammond's letter sent to william lenthal esq; speaker of the honorable house of commons, concerning mr. osborns late scandalizing the said colonel, and the rest of the gentlemen now attending the king : which letter was read in the house of commons. together with an order of the commons for the said osborn to appear within fourty days to make good his allegation. published by authority. hammond, robert, 1621-1654. england and wales. parliament. house of commons. 8 p. printed for edward husband, printer to the honorable house of commons, london : june 26. 1648. reproduction of the original in the british library. eng osborne, richard, fl. 1648 -early works to 1800. england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a87051 r202525 (thomason e449_32). civilwar no colonel hammond's letter sent to william lenthal esq; speaker of the honorable house of commons,: concerning mr. osborns late scandalizing hammond, robert 1648 1375 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-04 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2009-01 emma (leeson) huber sampled and proofread 2009-01 emma (leeson) huber text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion colonel hammond's letter sent to william lenthal esq speaker of the honorable house of commons , concerning mr. osborns late scandalizing the said colonel , and the rest of the gentlemen now attending the king : which letter was read in the house of commons . together with an order of the commons for the said osborn to appear within forty days to make good his allegation . published by authority london , printed for edward husband , printer to the honorable house of commons . june 26. 1648. to the honorable , william lenthal esq speaker of the honorable house of commons . mr. speaker , having lately received knowledge of the unparaleld wicked practices of mr osborn , from the right honorable the lord wharton , by a letter which his lordship sent me , directed to him from the said osborn , who hath bin the chief instrument , in contriving and acting , as far as in him lay , the late design of the kings intended escape ; wherein it appears , that failing in that his treacherous purpose , and meeting now with new councellors , he proceeds , though in a more abominable way , by shameful and unheard of lyes , as much as in him lieth , to abuse and inflame the disturbed mindes of the people in these distracted times , and most unworthily to scandalize me , and the rest of the gentlemen , now attending the king ; and in those things wherein his own heart is a witness , that they are ( of all other ) most contrary to truth . and being since further confirmed , that in prosecution of this his audacious villany , he hath written publique letters to both houses of parliament , asserting such horrid falsities , that are hardly fit to be named , but by such a wretch , whose principle being falseness and treachery , knows no limits in wickedness . sir , my sence of the ill that in such times as these may accrue to the kingdom by such abuses , causeth me to send up this bearer major rolph ( though through weakness he be very unapt for travel ) whom he avouches for his author , that if you please may be examined , who will sufficiently inform you of the great untruths raised by that unworthy person ; whom i should let pass as not worthy the taking notice of , to time , to shame , as it hath those other unworthy reporters , who have spread abroad the late false report of my inhumane abusing the person of the king , were not the publique more then my self concerned in it ; but the wisdom of your honorable house , doth , and i doubt not will more clearly discern , the design driven at in such reports , and will take care for a right understanding of those who have been , or may yet be deceived by such abuses . for my own particular , had i not been thus occasioned by my duty to you and the kingdom , i should have left the clearing of my integrity ( as formerly so still ) to the righteous god , who if with patience men can wait upon , and trust in him , will certainly confound and destroy that structure , whose foundation is laid in lyes , with shame and sorrow to it's wicked builders : sir , i have not onely to support and bear me up against these calumnies , the testimony of a good conscience ; but to clear me amongst men , it pleaseth god so to order it , that upon all occasions given , and that before many witnesses , the king is so just , as to vindicate me from all those aspersions , and so i doubt not will all others that have any sence of honor or truth , who have been witnesses to my actions and deportment , since his majesties unexpected coming to this place . sir , i conclude with this profession to you , as in the presence of god the searcher of hearts , that as all the good of this world could not have hired me to this imployment , could i have avoided it , or would you have seen it fit otherwise better to have provided for it ; so , seeing providence hath cast me upon it , or rather it upon me , i have ( and by the assistance of god shal so continue ) to the utmost of my power and knowledge , demeaned my self with all dutiful respect to his majesties person , with an equal eye to the duty i owe you and the kingdom , in the great trust you have been pleased to place upon me : and this with that integrity and evenness , that i stand ready to give an account to god and all men of my actions herein . this satisfaction to you i finde upon all occasions , by constant testimony of your favour to me , i need not now give you ; yet being sensible a little at the wickedness of this most ungrateful unworthy person , makes me thus trouble you , though i need not , reason it self will plead sufficiently against him , that having attempted and failed in such a design , being so principled as such a man must be , that for his own interest he should proceed thus to colour his villany , as by his late addresses to both houses . sir , i shall not further trouble you , but in most earnest expectation looking for a deliverance from my intollerable burthen ( which god and a good conscience onely supports a poor weak man to undergo ) either by a removal of his majesties person from hence , when to your wisdoms it shall seem safe and fit ; or by better providing for it , by a person or persons more able to undergo it , either of which , that which may best sute with your affairs , is most heartily desired , and that with speed , if god see it good : till when , in the strength of that god who hath carryed me on hitherto , and as he shall inable me ( being sufficiently guarded against the worst that malice can throw upon me ) in all constant integrity , i shall indeavor to express my self , sir , your most faithful and humble servant , ro: hammond . carisbrook-castle , june 21. 1648. postscript . mr. osborns letter to my lord wharton , which his lordship sent me , i have enclosed in a letter to the committee of derby-house . since i ended this letter , i have examined the three soldiers , who were dealt with to have been assisting in the kings escape ; but they all affirm , and are ready to make good upon oath , that neither osborn , dowcet , nor any other , told them that the kings life was in danger : so that it seems clear a device of his own to inflame the people . die martis , 20 iunii , 1648. ordered by the commons assembled in parliament , that the letter of richard osborn of 10th junii , 1648. directed to the speaker of the house of commons ; and the letter inclosed from the said richard osborn of 1o junii , directed to the lord wharton , be communicated to the lords : and it is ordered , that the said richard osborn may have forty days after the date hereof , to come with safety to his person , to make good the allegations mentioned in the said letters , so long as he shall stay here , for the examination and proof of the business ; and likewise shall have free liberty to depart without molestation , let or hinderance . h : elsynge , cler. parl. d. com. finis . an account of the kings late revenues and debts. or a true copie of some papers found in the late archbishop of canterburies studie, (one of the commissioners for the exchequer, an. 1634. and 1635.) relating to the kings revenue, debts, and the late lord treasurer portlands gaines by suits, and sale of offices: necessary to be knowne for the common good. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91135 of text r201500 in the english short title catalog (thomason e388_3). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 14 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91135 wing p3887 thomason e388_3 estc r201500 99862002 99862002 114149 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91135) transcribed from: (early english books online ; image set 114149) images scanned from microfilm: (thomason tracts ; 62:e388[3]) an account of the kings late revenues and debts. or a true copie of some papers found in the late archbishop of canterburies studie, (one of the commissioners for the exchequer, an. 1634. and 1635.) relating to the kings revenue, debts, and the late lord treasurer portlands gaines by suits, and sale of offices: necessary to be knowne for the common good. prynne, william, 1600-1669. 8 p. printed for michaell sparks, london, : 1647. attributed by wing to william prynne. annotation on thomason copy: "may 18th". reproduction of the original in the british library. eng portland, richard weston, -earl of, 1577-1635 -early works to 1800. england and wales. -exchequer -early works to 1800. finance, public -great britain -early works to 1800. misconduct in office -england -early works to 1800. a91135 r201500 (thomason e388_3). civilwar no an account of the kings late revenues and debts. or a true copie of some papers found in the late archbishop of canterburies studie, (one of prynne, william 1647 1625 8 0 0 0 0 0 49 d the rate of 49 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-04 emma (leeson) huber sampled and proofread 2007-04 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion an accovnt of the kings late revenue and debts . or a true copie of some papers found in the late archbishop of canterburies studie , ( one of the commissioners for the exchequer , an. 1634. and 1635. ) relating to the kings revenue , debts , and the late lord treasurer portlands gaines by suits , and sales of offices : necessary to be knowne for the common good . london , printed for michaell sparks 1647. national emblems of england, scotland, wales and ireland extraordinary monyes paid into the receipt of his maiesties exchequer , since the beginning of his raigne , till aprill 1635.           l. s. d. sales . by contract with the city of london and others 339599. 4. 2. 642742. 18. 0. ½ of lands to particular persons and assessements 241058. 9. 5 of wood to particular persons 62085. 4. 5. fines . for not taking the order of knighthood and assessements . 173537. 9. 6. loanes . by privy seales 40932. 15. 10. 290365. 10. 7. ½ of the lords and laitie according to the rate of five subsidies 188209. 11. 11. ½ of particular persons upon interest 61223. 2. 10 reprisall goods and tenths .   l. s : d 238109. 19. 5 reprisall goods and wrecks 217978. 17. 7 tenths of the admiralty . 20131. 1 10. subsidies . of the nobillity and laity 427159. 5. 2. ½ 612387. 1. 2. ½ of the clergie 185227. 16. 0. portion q●eenes portion . 16383. 8. 2. ½ guifts towards the defence of the palatinate , and otherwise 25069. 1. 6. fines of leases . sugars . 63945. 09.   115445. 0. 9. petty-farmes . 12000. 0. 0 seacoles . 11000. 0. 0. customes of ireland . 28500. 0. 0 sales of iron ordinance 17585. 9. 2 58288. 7. 5. ½ tobacco by agents in 2. yeares 16084. 10. 0 gold and silver plate 10017. 14 3 jewels 6556. 16. 4. provisions in the kings house 4473. 18. 7. ½ of amber , and one ship 3569. 19. 1. privy purse . 33400. fines , for retayling tobacco 14262. 16. 3. 22810. ● . 11. buildings 8547. 6. 8. ireland monyes transported out of irel. for defence of the coasts 11812. 11. 10   defective titles 8415. 11. 6. 14381 10. 11. 2.   other small extraord . 5965. 19. 5. ½   l. s. d. summ. total . 2402153. 2. 5. the ordinary annual revenue ( besides these extraordinarie vi●set modis , amounted yearely to about 487784. l. monies lent to king charles not repaid .   l. l. sir william curteene , remaine of 13500. 6750. lent anno 1625. sir peter vanlore , remaine of 10000. 500. lent anno 1625. sir roger palmer knight 1000. 2000. lent anno 1626. more lent by him , anno 1627. 1000. iohn bland and hugh perry remaine of 5000. 500. lent anno 1628. sir cornelius vermuden lent anno 1628. 10000. phillip burlamachi , lent annis 1628. & 1629. 6000. viscount camden lent , anno 1628. 2500. sir william courteene knight remaine of 3000. 500 ▪ lent anno 1628. iohn mouncie , remaine of 2000. 500. lent anno 1628. alexander storford esquier lent anno 1629. 5500. charles harbard esquier , lent anno 1629. 8000. sir iames bagg knight , 16500 ▪ lent annis 1630. & 1631. thomas isaack lent anno 1630. 1500. lord cottington lent anno 1629. 2500. sir iohn winter knight , lent anno 1633. 4000. soap-makers lent annis 1633. & 1634. 10973. 2. 10 totall l. s. d. 78223. 2. 10. the state of the lord hollands debt from the king by privy seale 9. april : 1630. ad. 1. april : 1635. writ with the archbishops owne hand . principall money 40000. 42780. 1. by privy seale .   2. for a diamond ring 1000. 3. lost to the earle at play 1780. paied of this debt . 1. by the wardship of the lady preston 15000. l. s. d. 36911. 11. 11. 2. by the sa●e of drayton , &c 2263. l. 11. s. 11. d. 3. by the purchase of wakefield 1648. l 4. by an assignment upon burlemachie 18000. restat l. s. d. 5869. 11. 11. 1. interest money demanded 9206. 15. 2. 2. loss by exchange of the monyes out of france by burlemachie 2117. 12. 6 summ. 11324. l. 7. s. 8. d. hee challenges 17192. l. 16. s. 11. d. the principall money was guift , and made a debt by a privy seale acknowledging it ; no warrant that any forbearance money should be paid before the principal . shall the king pay so much interest , because he did not give the money sooner , or pay it so soone as it was promised ? a copie of the paper with the kings hand to it , of such monyes as he allowed the lord treasurer portland to receive . vvhen your most excellent majesty was pleased to conferr upon your most humble servant , the place of treasurer of england , he made your majesty acquainted , how unable he was to support that estate , and how unwilling to draw any of your profits or revennew pertaining to your majesty ; you were pleased to give him leave to acquire some meanes to himselfe , by such suits and businesses which passed through his hands ; which without your majesties knowledge he would not have done , and hath from time to time acquainted your majesty therewith , but doth now for your majesties better satisfaction make remembrances of such monyes as he hath had , to be subject to your majesties veiw . 1. when your majesty made a grant of your preemption of tinne , though the present farmers pay more yearely then the former would give , yet they freely gave your humble servant . 1000. l. 2. within a while after you were pleased to bestow of your majesties abundant grace on your servant for his present support . 10000. 3. iames maxwell gave him for the office of the clark of the court of wards 1000. 4. sir w. withypoole for pardoning his burning in the hand 500. 5. the e. of cork at his departure , presented your servant as a meere guift 1000. 6. the duches of buckingham gave him 1000. 7. sir sackvile crow 1000 ▪ 8. sir philip caryes office 1000. 9. a great debt was owing to burlemachie for which he was willing to accept of a lease of the sugars , for satisfaction of above 50000. l. which though it was thought a hard bargaine to him , yet he well knowing how to mannage it , of his owne accord after the bargaine made , without contract or demand proferred your servant 10000. l. wherewith he acquainted your majesty , and by your approbation accepted it , and there was paid unto him 9000. l. 10. mr. fanshew for the office of clerk of the crowne 1000. 11. sir allen apslye at severall times 4000. 12. of the earle of barkeshire for the green-wax . 1000. 13. of sir arthur ingram for the changing of his lives ▪ for his pattent of the secretaryship of york . 2000. 14. of sir corn : vermuden for my part of adventure in the leadmynes , which he allowed , and afterwards redeemed of me 6000. 15. of mrs. bagnall for her ward . 500. 16. the third part of the imposition upon coles 4000. i have taken all these severall particulars into my consideration , and doe acknowledge your cleare and true dealing with me in the matters and summes above mentioned , and in acquainting me with them , from time to time , and weighing with my selfe the good service you have done me in the treasurer-ship , and the great charge you have and must be at in the sustaining of that place , i do approve and allow of all these monyes by you , to your owne use , in all amounting to 44500. l. sterling . at hampton court the 21. of october , 1634. charles r. this paper was copied out by the arch-bishops owne hand , with this endorsement : rece . april 5. 1635. by which you may discerne ; that lord treasurers knew how to enrich themselves by suits and bribes . fjnjs . orders and institvtions of vvar, made and ordained by his maiesty and by him delivered to his generall his excellence the earle of nevvcastle with the said earles speech to the army at the delivery and publishing the said orders prefixt. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a32013 of text r4905 in the english short title catalog (wing c2530). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 14 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a32013 wing c2530 estc r4905 12415800 ocm 12415800 61646 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32013) transcribed from: (early english books online ; image set 61646) images scanned from microfilm: (early english books, 1641-1700 ; 248:e127, no 23) orders and institvtions of vvar, made and ordained by his maiesty and by him delivered to his generall his excellence the earle of nevvcastle with the said earles speech to the army at the delivery and publishing the said orders prefixt. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 8 p. printed for j. johnson, [london] : 1642. reproduction of original in thomason collection, british library. eng newcastle, william cavendish, -duke of, 1592-1676. england and wales. -army. military law -england. a32013 r4905 (wing c2530). civilwar no orders and institutions of vvar, made and ordained by his maiesty, and by him delivered to his generall his excellence the earle of nevvcast england and wales. sovereign 1642 2361 1 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. 2008-01 tcp assigned for keying and markup 2008-02 spi global keyed and coded from proquest page images 2008-03 robyn anspach sampled and proofread 2008-03 robyn anspach text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion orders and institvtions of vvar , made and ordained by his maiesty , and by him delivered to his generall his excellence the earle of nevvcastle . with the said earles speech to the army at the delivery and publishing the said orders prefixt . printed for j. johnson . 1642. orders and institutions of war . inprimis , it is by us ordered , that no colonell captaine or other officer or souldier , shall be admitted into our service , but such as shall take the oathes of supremacy and allegiance . 2. no papist of what degree or quality soever shall be admitted to serve in our army . 3. all colonels are commanded to have a speciall care that the due service of god be performed in their severall regiments , by the chaplains to each regiment every sunday twice , except some contingent occasion of moment be a lawfull impediment for their forbearance . 4. all colonels , lievtenant colonels , captaines and other inferiour officers are commanded to represse all disorders in their severall quarters , as they will answer the contrary to our councell of war if the default be found in them . 5. whosoever shall presume to sweare or blaspheme the name of god in our quarters ; for the first offence shall suffer twelve houres imprisonment ; for the second , he shall suffer foure and twenty houres durance ; and for the third he shall be whipt and cashiered our army . 6. whatsoever souldier shall be found drunke and so neglect his duty , shall be punished at the discretion of our court of war , according to the haynousnesse of the fact , and the detriment arrived by his default to our service . 7. what captaine or other officer that shall inflict punishment , or strike any souldier without good cause of offence given ; for such punishment or blow shall upon complaint made receive censure from his superiours . 8. what captaine or other superiour officer or inferiour , that shall detaine the souldiers pay after 't is delivered to him by our treasurer or his subordinate officers , upon complaint made shall make full repayment of such moneyes and then be cashiered our service . 9. wheras there is and hath been in most services divers enormous abuses committed in musters by muster-masters , commissaries and officers for that purpose , making their companies seem compleat by men hired out of other companies : we doe therefore command all colonels , captains , and other officers , to take especiall care that their companies be full , and no such enormities committed : every muster-master so offending being lyable to capitall punishment , and every man so hired shall suffer death , for his second offence ; for his first , lye in irons during ours or our generals pleasure . 10. what souldier soever that shall presume to steale from or plunder any of our good subjects in his march , or in any towne where he is billeted , shall suffer death , if the thing so stolne or taken be above the value of twelve pence , if under , he shall be punished according to the discretion of his officers . 11. whosoever shall wilfully act any murder upon the persons of any of our good subjects , souldier or other shall suffer death . 12. whosoever shall force or ravish any woman within our quarters , or any other place , shall suffer death . 13. whosoever draweth any sword in the presence of our generall to doe any harme with it , shall lose his hand . 14. whosoever draweth his sword when his colours are flying , or upon any march , he shall be harquebuser'd : if it be done in the place where he is billeted , he shall onely lose his hand and be banish'd our quarters . 15. whosoever draweth his sword in the quarters after the watch is set , with intention of mischiefe to any , shall suffer death . 16. no man shall hinder our provolt-marshall or his inferiour officers from execution of any charge given them by our generall , who presumes to doe it shall suffer death . 17. all that is to be published and made knowne to all men , shall be openly proclaimed by sound of drum or trumpet , that no man plead ignorance for the neglect of his duty . who so is found disobedient shall be punish'd as the fault is of importance . 18. no man shall presume to make any alarum in the quarter , or shoot off his musket in the quarter but shall be severely punish'd . 19. after advertisement is given to set the watch , he that shall absent himselfe without some lawfull cause , shall be punish'd with irons . 20. he that is found sleeping upon his watch in any place of danger shall be harquebuser'd . 21. he who shall come off the watch where he is appointed to stand , or he who shall drinke himselfe drunke so long as he hath the guard shall be harquebuser'd . 23. whosoever repaires not to his colours when he heares the trumpet sound or drum beat shall be punish'd with irons . 24. whensoever a march is beaten , every man shall follow his colours , neither shall any through presumption stay behinde without leave , upon feare of punishment . 25. if any stay behind in a mutinous fashion he shall be punish'd with death . 27. he who doth run from his colours in the field , shall be punish'd with death ; and if any other souldiers kill him in the meane time , he shall be free . 28. when occasion of service is , he who doth first run away , if any can kill him he shall be free . 29. what regiment or company shall begin any mutiny , the first beginner shall be punish'd with death , and the rest that consent to him shall be punish'd according to the discretion of the councell of war . 30. whosoever souldier or other that shall directly or indirectly hold intelligence with the enemy , or disclose any of our secrets to them or any of them , shall as traytors be punish'd with death . 31. what regiment of horse or foot shall treat with the enemy , or enter into any league with him without our leave or our generals , shall be punish'd with death . 32. whosoever shall give over any of our townes to the enemy that may be defended against them , unlesse in case of necessity shall be punish'd with death . 33. no man shall presume to send any challenge to any other of his fellowes , nor to fight any duell in the quarters or without , upon paine of death . 34. they who shall hold any manner of conference with the enemie , without licence from our generall , shall be punished with death . 35. every one that shall not be contented with that quarter which is assigned him shall , be accounted a mutiner . 36. if any cast away any of his armes , either in the field , or in the quarters , he shall be whipt thorow the quarters , as an example to others . 37. hee who doth pawne any of his armes , or any amunition whatsoever , or any other necessaries whatsoever used in the field , for the first & second offences shall be whipt thorow the quarters , for the third time he shall be punish'd as for other theft : also he that bought them , or took them to pawne , be he souldier or victualler , or other , shall lose his money , or be punished as he who pawn'd or sold them . 37. no man shall presume to set fire on any towne , village , house , barne , out-house , haystacke , or mill of any of our subjects , whoever shall be found guilty of any such crime , shall suffer death without mercy . 38. no man shall presume to wrong any who hath our warrant or our generalls for his safe passage , be he friend or enemie , upon paine of death . 39. he who doth beat his hoste or hostis , or any of their servants , the first and second time , shall be put in irons ; the third time he shall be punished at the discretion of our officers . 40. none shall presume to wrong any man that brings necessaries to our quarters , nor take his horse from him by force , whosoever doth , shall be punished with death . 41. no souldiers shall come to the muster , but at what day and houre they are commanded : no colonell nor captaine shall presume to muster his men without command from our generall . 42. if any horse-man doe borrow either horse , pistoll , saddle or sword to muster withall , so much as is borrowed , shall be forfeited , and he that doth it shall be put out of our service , and he that lendeth them shall forfeit one half to the captain , the other half to the provost . 43. if it can be proved that any horse-man doe spoyle his horse willingly of purpose , to returne home , he shall be held a coward , lose his horse , and be turned out of the service . 44. no souldier whatsoever , horse or foot , shall be cast off by his captaine , or any inferiour officer , without consent of the colonell . 45. no colonell nor captaine shall licence any souldier , either horse or foot , to depart the field without leave of the generall , as he will answer the same , and incurre our displeasure . 46. any souldier , gentleman or other , that shall be maymed , or lose any limbe in this our present service , shall have a competent pension allowed him to subsist upon during his life . 47. if any captaine , or other commander , doe lend his souldiers to any other captaine , it shall be done in the presence of our muster-masters , that so our service be not neglected . 48. all our souldiers we doe hereby strictly require to avoid all quarrells and offences one to another , to give due obedience and fit respects to their captaines , lievtenants , ensignes and other inferiour officers . 49. we also require , and strictly command all ensignes , lievtenants , captaines , to give the same respects to our officers of the field ; as serjeant-majors , lievtenant-colonells and colonells . 50. as we expect they and all the rest of our army by our expresse command , doe the right honourable , our trusty and welbeloved cousen and councellor , william earle of newcastle , his excellence , whom wee have constituted and ordained generall of all our present forces . 51. and we doe hereby will and require our said trusty and welbeloved cousin and councellour , william , earle of newcastle , his excellence , our generall , so constituted and ordained , to see all these , and all other our ordinances of war whatsoever , put in execution by his immediate officers , that so our cause may succeed prosperously , and we , with the almighties assistance , be victorious over all our enemies . his excellence , the earle of newcastle's speech to his colonels , and other commanders , at his receiving the charge of generall , and the precedent orders from his majestie . lords and gentlemen , my noble friends and fellow souldiers , i could have heartily wished , that either the earle of lindsey , who before commanded you , had evaded his untimely destiny ; or th●● his sacred majesty had beene pleased to have conferr'd the successive managing of this office to one of better abilities then my selfe but since i am invested with this charge , i shall study to demeane my selfe like a faithfull subject to my prince , a true legitimate sonne to my mother the common-wealth , and a just and loving chiefe to you all ; to use incouragementss to men of fortitude , is an implicit diminution to their valours . i shall not therefore so much undervalue yours , as to intrude an exhortation upon your courages , onely i shall desire you will keepe those men under your commands free from disordiers , performing with all care and diligence , these institutions which i now as your generall am ingaged to deliver to you from his sacred majesty : we are here in our owne countrey , a sad and lamentable affaire it is in armes , and must imploy our hands against our selves , our brothers ; if we must fight , i make no doubt of your deportement in the affaires of war , but could heartily wish , and so i hope you doe all wish with me , that we might be happy in a faire and sudden attonement between his majesty and his high court of parliament ; 't is not improbable , but it may be effected , if not , i hope you will all fight as valiantly as i shall leade you on resolutely , and ( if it so please god ) bring you off with safety . finis . a declaration from his excellence sir thomas fairfax and the generall councel of the army, held at putney, on thursday september 16, 1647 concerning the delaies in raising monies for supply of the army, and other forces of the kingdome : and their humble offers and desires in relation thereto : tendred to the right honourable commissioners of parliament residing with the army, and by them to be presented to the houses : with his exceliencies letter to the commissioners concerning the same : also a narrative of the souldiers behavior towards the l. lauderdale. fairfax, thomas fairfax, baron, 1612-1671. this text is an enriched version of the tcp digital transcription a39853 of text r31493 in the english short title catalog (wing f140_variant). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 17 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a39853 wing f140_variant estc r31493 12011781 ocm 12011781 52431 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a39853) transcribed from: (early english books online ; image set 52431) images scanned from microfilm: (early english books, 1641-1700 ; 1009:35) a declaration from his excellence sir thomas fairfax and the generall councel of the army, held at putney, on thursday september 16, 1647 concerning the delaies in raising monies for supply of the army, and other forces of the kingdome : and their humble offers and desires in relation thereto : tendred to the right honourable commissioners of parliament residing with the army, and by them to be presented to the houses : with his exceliencies letter to the commissioners concerning the same : also a narrative of the souldiers behavior towards the l. lauderdale. fairfax, thomas fairfax, baron, 1612-1671. [2], 12 p. for george whittington ..., printed at london : 1647. reproduction of original in the huntington library. eng england and wales. -army. great britain -history -civil war, 1642-1649. great britain -politics and government -1642-1649. a39853 r31493 (wing f140_variant). civilwar no a declaration from his excellence sir thomas fairfax, and the generall councel of the army, held at putney, on thursday september 16. 1647. england and wales. army. council 1647 2834 25 0 0 0 0 0 88 d the rate of 88 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2005-08 tcp assigned for keying and markup 2005-11 spi global keyed and coded from proquest page images 2006-08 ali jakobson sampled and proofread 2006-08 ali jakobson text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion a declaration from his excellence sir thomas fairfax , and the generall councel of the army , held at putney , on thursday september 16. 1647. concerning the delaies in raising monies for supply of the army , and other forces of the kingdome . and their humble offers and desires in relation thereto . tendred to the right honourable commissioners of parliament residing with the army , and by them to be presented to the houses . with his exceliencies letter to the commissioners concerning the same . also a narrative of the souldiers behaviour towards the l. lauderdale . by the appointment of his excellencie sir thomas fairfax , and the generall councell of the army . jo. rushworth secretary . printed at london , for george whittington , at the blew anchor , in cornhill , neere the royall exchange , 1647. my lords and gentlemen , the extreame necessities of the army , and other forces in the kingdome , together with the present pressures of the countrey where it quarters , for want of moneys , as well as the delayes of them from whom you might e're this time have justly expected a better account on this behalfe then is as yet heard of , is the occasion which yesterday produced a resolution upon this enclosed paper , which i herewith tender to your lordships , desiring it may be speedily communicated to both houses : i remaine , your lordships most humble servant , tho. fairfax . putney 17 septembris , 1647. for the right honourable the lords and commons , commissioners of parliament residing in the army . a declaration from his excellency sir thomas fairfax , and the generall councell of the army held at putney on thursday september . 16. 1647. the extreame wants of the souldiery ( both of the army and other forces and garrisons that have concurred with us , as also the sufferings of the countryes in respect of free quarter , and the necessities of the kingdome for a speedy supply of money in relation to the disbanding of superfluous forces , the sending over of others for the reliefe of jreland , and for the supplying of those forces that are there already , so as to prevent the danger of those distempers lately raised amongst them , ) are such as we are and have beene very sensible of and exceedingly pressed with the consideration of them . yet the care the houses have so many wayes exprest for providing a present supply of monyes , in relation to all these affaires , have made us hitherto silent as to that point ▪ in expectation to have found ere this time an answerable effect thereof in actuall supplyes . but finding that notwithstanding all their care , yet through the neglect or delay of those on whom the houses have depended in that particular , there is little or nothing hitherto effected therein , and especially considering the delayes made by the lord mayor aldermen and common councell of the city of london , in the advancing of that summe which the houses have demanded of them upon the security of the arreares ( so long since ) due from the city to this army , and for that tax whereupon all or most other places have long since payd in their proportions . ) we are enforced to make this present addresse to the houses in relation thereunto . first we cannot but consider the notorious readinesse of that court to the advancing of farre greater summes for the raising of a new warre and prosecution of the late mischievous practises and designes against the parliament and army . and that as their precipitate forwardnesse therein , was the occasion of the armyes comming into these parts : so their backwardnesse to the raising or advancing of the money now required for the service of the parliament and supply of the army , hath beene and is the occasion of the armyes continuance here : and therefore we cannot but offer it as what we humbly conceive most just and reasonable . that for what time their default or delayes have occasioned and shal further occasion the armyes stay hereabouts ( so much to the burden and oppression of these parts ) the charge thereof should some way be layd upon them and their adherents in and about the city , together with those persons from whom the said arreares are due , and those in whose default it lyes that they have hitherto beene either not assessed or not collected . and for that purpose that at least in case the summe required be not payd in at the time limmitted by the houses . there may be a proportionable penalty imposed by way of daily increase of the summe required for so long time as the payment thereof shall be further delayd . next for as much as the lord mayor aldermen and common-councell , may perhaps conceive themselves not so much obliged ( either to execute the authority given them by the parliament for leavying of money upon others , or to advance it themselves by way of loane in behalfe of others untill it can be leavyed ) as they would be to provide what should justly be charged upon themselves : we therefore humbly offer ( at least ) in case the summe required upon the arreares be not paid in by the time limited . ii. that the houses would be pleased speedily t● consider of the delinquency of that court an● councell , in those things that were lately done by them as a court , and set such fine upon them for the same as shall be agreeable to justice , which money being chargeable so properly upon themselves we presume they willl not have the like excuse not to provide . lastly , since it is most evident that for the speedy bringing in of the money required upō the arrears there wants not in the said major , aldermē & common councell , either authority to levy it or ability to advance it by way of loan till it can be levyed : nor do the persons from whom the arrears are due want ability to pay them , but the only fault and defect lies in the want of will to the thing , both in the one and in the other , and want of power in the hands of willing men to enforce it , without which we see little hopes that it wil in any tollerable time be effected ; we therefore offer iii. that in case the money be not brought in ( by the time limited the parliament would be pleased to give leave and power to the generall ( with the advice and directions of the committee for the army ▪ for the levying of the said arrears , together with such penalties and fine as the houses shall find cause to impose as aforesaid , or ( at least ) the penalties allowed by the ordinances for that tax for the army , and then if the moneys be not speedily brought in for the parliament to dispose of let us beare the blame . and all these things we desire the rather , because we have grounds both of reason and evidence from the speeches of many in the city , to believe that in this long witholding of mony , the designes and hopes of the parliaments and our enemies , are to raise the army into distempers , and the country about us into a flame , whereby at least to hinder and interrupt all proceedings to the execution of parliamentary justice , or settlement of the kingdom , and to expose the parliament again into tumultuous violence , of all which the dāger is very evident and imminent , if not speedily prevented by some such vigorous and effectuall remedies as aforesaid . putney sept. 16. 1647. by the appointment of his excellency sir thomas fairfax and the councel of war : signed john rushworth secretary a narrative of the souldiers demeanour towards the lord lauderdale at the court at vvoburne , in luly last , presented to his excellency sir thomas fairfax , under the hand of colonel vvhalley , and by him sent to the commissioners of parliament in the army ; with a letter from his excellency concerning the same . towards the latter end of july last , when the king lay at woburne , the lord lauderdale came one morning about foure or five of the clock to the court , lost no time ▪ but presently made his repairs to his majesty with whom he had much private communication . it was commonly reported and generally believed that he had come post all the night before . but whether so or not , i know not , but this i know , that his early coming , and hasty speaking with his majesty at that conjuncture of time , when that unparalleld violence was committed upon the parliament , and that treasonable engagement for fetching the king to london , and preparations for a new warre , were so violently prosecuted in the city , drove the court into feares , and the souldiers into jealousies , that his lordship came to indeavour the perfecting at court that designe , which was begun and prosecuted in the city , and that which made them ( as i conceive ) the more jealous of his intentions , was a common report , that his lordship was a fomenter of the cities tumults , or corresponding with the authours of them . and indeed i finde , that the souldiers had long entertained harsh thoughts of the lord lauderdale ever since his relation , concerning his majesties going from holmsby , 〈◊〉 in the painted chamber so much to the prejudice , and disadvantage of the army ; and his undertaking there to engage the whole kingdome of scotland , as one man against the army ; they were playn● with him at new-market , the● minding him of it , and told him he had publikely declared himselfe their enemy ; therefore they could not but think he came to do them , and the kingdome in offices : and had not my selfe and o●her officers interposed , they had then at least perswaded him away from the court , but at that time the souldiers indured his stay , though with some regret ; but his lordships second appearance at that time and manner as before related , so hightened , ( it seemes their former jealosies , and exasperated them into such resolution● as that divers of them ( whose names i protest i know n●● not so much as one for present ) being of severall r●●iments came about five or six of the clock , next morning ▪ to his lordship ▪ chamber doore , desired to speake with him upon notice whereof , i hastened to the earle of lauderdales lodgings , and the earle of denby with me : wee found the souldiers and the lord lauderdaile reasoning very calmly together , his lordship telling them he was a publike person , and they could offer him no affront , but it would reflect upon the kingdome of scotland , and tend to divide the 2. nations , the souldiers told him , they found he many times acted as a private person , as when in the painted chamber he undertooke for all scotland to engage as one man against the army , ( which as they heard ) he had no commission for from the state of scotland , what they did was in reference to the lord lauderdale , and not to the scottish nation ; and had his lordship shewed them any commission , passe , or warrant , testifying his being sent or imployed thither as a publike person from the states of scotland , or their commissioners , i conceive it might have satisfied ; the earle of denbigh endeavoured with all the reasons and arguments he could to perswade them to let the earle of lauderdale stay , and not meddle with him , and my selfe commanded them some to their guard , and the rest to be gone : but from commanding , ( the discontent being very high ) i was inforced for the present , to fall to perswading , i confirmed what the earle of denby before had said to them , that it might be construed as an injurie to the state of scotland , that it would be an offence to the parliament of england , and added that it was a contemning of the generalls power , when they would not obey commands , and would expose both themselves , and me to danger , but all in vaine ; for indeed that horrid violence so lately done to the parliament , and the forced flight of the members of both houses ( whereby that highest authority of the kingdome s●emed to be at a st●●d ) 〈…〉 both the city and mo●● parts of the kingdome into a monstrous ●●in of conf●sion ▪ and of distracted and licentious workings , and weakned ( for present ) the hands of all men in authority under the parliament , so it wanted not its influence of like nature upon the army and souldiery throughout the kingdom , so as officers could not ( at that time ) have the like command of their souldiers , as formerly , nor as now again , since the authority of the parliament hath been vindicated , and both houses ( through gods blessing ) restored to their honour and freedom : for my own part as affairs then stood ) i am confident the lord denbigh will witness it for me : i did my utmost endeavours to have gotten the souldiers away , i commanded , i perswaded , but neither commands , nor perswasions wou●d prevail , the souldiers being unanimously resolved his lordship should not stay at court , nor speak again with the king for that time : and therefore they would not depart till his lordship was ready and willing to take coach . when i saw i could not exercise my commanding power for the present in that matter , nor by it , nor by perswasion divert them from their resolutions : i desired them at least to be civill towards his lordship which they performed , not giving his lordship an ill word , nor laying any hands upon him , mr. cheasley his lordships secretary likewise seconded me , desiring the souldiers to be civill , and to give his lordship leave to say his prayers , the souldiers answered with all their hearts , they would joyne with him ; but his lordship told them he had not the gift of prayer , he would not pray publikely , and presently after went quietly to his coach , the souldiers attending him . thus have i given a true relation of the demeanour , and carriage of that towards the lord lauderdale at w●bur●● , for the conformation whereof i refer my selfe to the earle of denby , who was present all the while , and in testimony ▪ of the truth hereof , i have hereunto set my hand . september 11.1647 . edward whalley . vera copia , william clarke . my lords and gentlemen . in persuance of the commands ▪ i received for enquiring into the busines of the affront done to the earle of lautherdale , i sent order to col. whalley , to make enquiry of it , and to returne to mee an account thereof . i have hereuppon received from him a narrative under his hand of the occasions , and whole carriage of that busines ( so farre ●s his owne knowledge or present informations concerning it do extend , ) which i have sent you heare inclosed , i desire it may be emparted to both houses , for their present better satisfaction concerning that busines , & if this doe not amount to their full satisfaction therein , but that they thinke fit to have any further enquiry or examination to be had about it , i shall upon further notice of their pleasures therein give order to collonel whaley , accordingly i remaine . putney 17. september 1647. your lordships humble servant thomas fairfax . for the right honourable the lords and commons commissioners of parliment residing with the army . finjs . the danger to england observed, upon its deserting the high court of parliament. humbly desired by all loyall and dutifull subjects to bee presented to his most excellent majestie. parker, henry, 1604-1652. this text is an enriched version of the tcp digital transcription a91222 of text r2039 in the english short title catalog (thomason e108_17). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 17 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91222 wing p401 thomason e108_17 estc r2039 99863683 99863683 115894 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91222) transcribed from: (early english books online ; image set 115894) images scanned from microfilm: (thomason tracts ; 19:e108[17]) the danger to england observed, upon its deserting the high court of parliament. humbly desired by all loyall and dutifull subjects to bee presented to his most excellent majestie. parker, henry, 1604-1652. [2], 6 p. [s.n.], london : printed, july 28. 1642. anonymously published by henry parker. annotation on thomason copy: "by h: parker". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91222 r2039 (thomason e108_17). civilwar no the danger to england observed, upon its deserting the high court of parliament.: humbly desired by all loyall and dutifull subjects to bee parker, henry 1642 2937 8 0 0 0 0 0 27 c the rate of 27 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-05 tcp assigned for keying and markup 2007-05 aptara keyed and coded from proquest page images 2007-06 emma (leeson) huber sampled and proofread 2007-06 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the danger to england observed , upon its deserting the high court of parliament . humbly desired by all loyall and dutifull subjects to bee presented to his most excellent majestie . london printed , july 28. 1642. the danger to england observed . that his maiesty having first declined , and after deserted and since by force of armes prepared to inv●de his great councell ( as we conceive ) doth now expect a concurrence therein according to severall messages and commands , not onely from divers persons of both houses of parliament , but also from all his loving subiects , amongst whom we of the citie of london are no inconsiderable number . that we conceive ( as the case now stands ) that it cannot be , but a most impious and mischievous thing in us , either to forsake , or by arms to seek the destruction of that sacred court ; for these reasons . first , because in former ages this kingdome hath very seldome relinquisht its representative , elected , intrusted councell , and when it hath , it hath soon found cause to repent that treachery , and instability , & commonly that repentance proved fatall both to king & kingdom . secondly , that private councell by which his majesty is incensed against his generall councell , obscures it self from the world ; neither their names nor qualities , nor their grounds of exception ●re declared or avowed . and since his majestie is now attended by so many peers , councellors of state , judges , and lawyers , and hath sufficient forces to commence warre , and cannot be imagined to obey the conduct of meere private reason , in a matter of such transcendent consequence , we are apt to thinke , that the promoters of this horrid warre would not conceale themselves and their grounds , if they were not papists , prelates , delinquents . necessitous courtiers , or such mercinary sword-men , as no nation nor age ever expected faith or pietie from . and there is a rumour here spread , that divers of the nobles now in his maiesties traine departed not from hence without great solicitation , and have not that freedome now of advice , or of accesse to his majestie , or recesse to the parliament , as was expected . nor does any thing under their hands publikely testifie , how farre they adjudge this parliament trayterous , or this warre gainst it justifiable . and yet policy , justice , honour must needs inforce this , and doth challenge it both from his majestie and from them . thirdly , we having lived nearer and beene more jealously intentive eye and eare witnesses of parliamentary proceedings , then remoter c●unt●ies , have not beene able to discover any disloyaltie in the major part of lords and commons , but on the contrary , have seene all the slaunders of their enemies , detected of villanous falshood and malice , as in the maine matters of ingrossing the publike treasure to their owne use , or seeking to corrupt the militia of the land , that thereby they might tirannize over king and kingdome , we beleeve , we see , we know the contrary , and so must needs all sober men . fourthly , if his maiestie did not relie upon allegations without proofes , and if those allegations also were not full of uncertaintie and insuffiency many times , no blood need to be shed in this difference , a legall debate even in parliament it selfe would sift out the truth to the satisfaction of all the kingdome , and neither the orators tongue , nor the souldiers arme ( whom none but times very calamitous use to imploy ) neede here to be ingaged : for sometimes his maiestie professes to have honorable thoughts concerning the parliament , blaming onely the too great influence which some malignant partie hath upon both houses , yet his maiestie names no malignants , nor specifies the nature of that influence ; sometimes his maiestie chargeth by name some few of each house , and promiseth particular charges , but publisheth none , sometimes his maiesty inveigheth against some particular votes of the maior part of both houses , condemning them as treasonable , and apparently illegall , but taketh no issue , nor assigneth any legall tryall , nor alloweth any appeale from his owne breast and sword , and though in very tearmes no warre is confessed against the parliament , yet it is mam●nifestly levied against sir john hotham , &c. for being an actor under the parliament , and treason is fixed upon all such as obey the ordinance of both houses : and yet both houses themselves must not be thought to be aymed at ; and as there is uncertaintie in the parties charged so there is the like in the crimes imputed , for sometimes the ordinance concerning the militia , beares the burthen of all ▪ sometimes some other plots & conspiracies of bringing in an arbitrary power , and aristocraticall usurpation over king and kingdome , both are intimated , and a more satisfactory narration of particulars are promised , but we see no such thing as yet performed . and thus the case not being yet rightly stated , nor the certaine traytors nominated nor the certaine treasons declared , nor any other interpreter of law , but his maiestie alone without any of his peeres or judges admitted , yet we are moved to betray that treshault assembly , whom all law , conscience and interest , nay , all that is sacred or can be neare or deare unto us , bindes us to defend with our lives , till wee are clearely convinced of their falshood to us . fiftly , divers exceptions taken against the parliament much insisted on , as that they may vote the king to be at london when he is at yorke , or declare treason to be loyaltie , and loyaltie treason , &c. savour of meere merriment , and require no other answer , if the sadnesse of the times would allow it , for though generall consent inable the parment very farre , whilst it is not abused , yet that being all the basis of their power when that shall fall away ( as it doth when grosly abused ) all derivative power vanishes with it ; and story tells us that the kingdome sometimes hath causelesly out of levetie and love of noveltie , betrayed the parliament , but no age ever saw one parliament that proved treacherous to the whole kingdome . sixtly , as we see none but good fruits in this publike councell , so we see none but bad in its private opposite , for when we see his maiesty at the same time raysing forces here against a parliament , not iustly convinced of treason , and yet not affording his ready assistance to supplies for ireland , whilst many protestants are murdered daily there for want of the same , and that by the hands of those bloody miscreants whom his maiestie never mentions without horror . and when wee see all intentions of forces abiured , and with such high imprecations disclaymed , except for a guard onely , and yet as soone as forces are increased thereby , open defiance proclaimed to all which adhere to the parliament in orders made for publique safetie . and when we see the intrusting of the publike militia into faithfull hands by authority of the whole state thundred against as oppressive to the subiect , and yet at the same time , commissions of array issued out to such as my lord rivers , &c. the said commissions being as illegall and vexatious , and dangerous , and so generally known to be ; as the ship-scot was , when we see these things and many other like we grieve , we bleed inwardly for his maiesty , & it seemes prodigious to us that so gentle a prince should indure so much , so many yeares together for such ministers sakes contrary to the prayers and advertisements of this whole glorious brittish monarchy . seventhly , his majestie rests onely in generalls ( which according to his majesties owne words amount to just nothing , for as generall complaints of subverting law , and subjecting both king and kingdome to lawlesse arbitrary rule , are pressed against the parliament , so nothing but generall promises , of making us a happy people , and consenting to all just requests , are uttered by his ma●estie : at this present when his majestie prefers private advise before publique , yet he attributes generally all due respect to parliaments : and when his majestie takes up the sword against the parliament , the highest court of law in england , and not condemned , but by edict law onely , ( no peere , judge , &c. appearing in the condemnation ) yet this sword is said to be taken up meerely to protect the law ; this strange persecution of a parliament , and all its favourers , by fire and sword , which to our ordinary apprehensions seemes so dismall and fatall , especially at this time , when it is as great a benefit to popish rebels in ireland , as it is a scourge to loyall protestants in england , & this must seeme not only to stand with his majesties generall expressions of grace , but in a generall sense it is it self an act of grace . and this is not wonderfull , for we know that whilst the ship-scos , and all other projects and monopolies lay heavyest upon us , in all our sore grievances and violations , generall expressions of grace did ever accompany them , though they rather added than diminished to the weight of our sorrows . and therefore we have now the lesse reason to comfort our selves with generall assurances , especially since deeds of hostility faile not to attend our sweetest words of clemency ; nay , and in the same manifestoes , as we finde professions savouring all of law , right , and limited power : so we finde withall intermingled divers positions placing the king beyond all law , right and limitation , and reducing parliaments to lesse power than ordinary courts . in all submissive humility therefore we humbly prostrate our selves before his majesties feet , with the pious tender of these our earnest supplications . first , that it would please his majesty , in a war of this confounding nature to the three kingdomes at once and to the true religion , in them to have recourse to the impartiall advise of former goes , rather then of this . secondly , to abandon the councels of papists , as well such as goe to church by dispensation , as not , and as well such as send instru●tions from beyond the sea , as those which are here more visible ; and in the same manner to reject the advertisements of delinquents , prelates , souldiers , &c. whose known interests makes them incompetent advisers in this case , no age having a paralell to it , and if his majesty conceives publike advise to be partiall at this time ; yet to let the kingdome know what private advise is hearkened to , and what the quality and grounds of it is , for the better vindication of his majesties honour , and the more full satisfaction of all true protestants . thirdly , to make a further guesse at some of his majesties councellors , by those false slanders of treasons which they have powred into his majesties eares , and are now disproved to all the world . fourthly , that his majesty would not admit of any crime in the parliament , but such as beares the stamp and form of a legall and judiciall accusation ; and instead of generall invectives , to publish the certain kinde of treasons , and names of traytors , and the certainty of his majesties evidence , and how far his majesty will refer the tryall thereof to any peaceable treaty , laying down the sword in the meane time , without disadvantage to either side , for if the offence of the parliament be , that they have been too zealous of the safety of the kingdome , in making ordinances to settle the militia , then the question is only , whether or no the king hath such a sole interest in the towns , forts , &c. and strength of the kingdome , as that he may at pleasure intrust them to suspected substitutes , in time of danger , without generall advise , nay contrary to generall consent . and this seemes a strange ground for such an uncouth dismall war , at such a time as this , when it makes our lords and commons worse rebels then the irish , and chuses rather that the protestant religion , together with the crowne there shall perish , then any truce shall be granted here , or any umpirage admitted . it cannot but be better that the state of scotland were intreated to mediate and arbitrate in this difference , then that so unse●sonable and unnaturall a war should be waged . for if sir john hotham be not fitter to be trusted than captain leg , and my lord of warwicke then sir iohn pennington , yet the kings interest is not altered , nothing but the subordinate person is changed , and if this be not allowed to a parliament , the subject hath no remedy nor power of defence in any danger when the king mistakes both his friends and foes : but if this be allowed , the king suffers nothing by it . he which serves the state faithfully , must needs serve the king faithfully , ( it is to be wished , the contrary were as true ) a generall defection is not to be feared , nor could be redressed if it should happen , and except in case of generall defection , the state cannot chuse to the disadvantage of the king : but if the militia be not the main cause of this war , if any other super-emergent exceptions , against any particular persons , in , or out of parliament may be taken , this may be debated , and accommodated legally without blood , except one side will declare it self not to be satisfied otherwise then by blood . till these things be better cleared no force ought to be used , and if the king will admit of no truce , it will not be said that the parliament takes up armes against the king , but the whole kingdome in its representative court defends it selfe against such as have seduced , and uniustly incensed the king , and such , as though they have usurped the kings person , and word , and command , yet have not so true a right to his vertue , and authoritie , nor ought to bee held so friendly thereunto as the parliament . fiftly , not to make the parliaments arbitrary power in declaring law , &c. any ground of charge since this strife betweene prerogative and libertie must be decided , and by the law it selfe without some interpreter cannot , and since his maiestie does not claime that sole interpretation , and since the parliament cannot be suspected therein . sixthly , to judge of the councellours and fomenters of this warre by the favour which it beares to the irish rebellion , and the disagreement thereof with his majesties former gracious professions : and at least to hearken to a truce till the irish warre be ended , except the lords and commons seeme more detestable traytors than the irish rebells . seventhly , that his maiestie will let us know something in particular concerning our priviledges , in and out of parliament , and what latitude of authority and power shall be granted to the representative body of the whole kingdome , even when his maiestie likes better of private advise ; and also how farre his maiestie will grant his royall prerogative to be within the cognizance and declaration of the lords and commons , because in our understanding to have no right , and no impartiall judge of that right , and to have no limits , and no knowne limits is one and the same thing . now therefore our humble and heartie desires to his majestie are , that he would be gratiously pleased to condiscend to these so necessary things , now that so streaming a comet of bloody aspect hangs over our heads , and so abominable a warre is commenced amongst us , it will facilitate a happy and faire accommodation , it will disappoint the greatest adversaries of the church and state , it will make his majesties raigne more blessed now , and his story more candid and unstayned with blood hereafter . and his maiesties most humble petitioners shall ever pray , &c. the generall complaint of the most oppressed, distressed commons of england. complaining to, and crying out upon the tyranny of the perpetuall parliament at westminster. / written by one that loves, serves, and honours the king, and also holds the dignity of a parliament in due honourable regard and reverence. jo. ta. taylor, john, 1580-1653. this text is an enriched version of the tcp digital transcription a95543 of text r200259 in the english short title catalog (thomason e300_15). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 18 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a95543 wing t462 thomason e300_15 estc r200259 99861065 99861065 113193 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a95543) transcribed from: (early english books online ; image set 113193) images scanned from microfilm: (thomason tracts ; 49:e300[15]) the generall complaint of the most oppressed, distressed commons of england. complaining to, and crying out upon the tyranny of the perpetuall parliament at westminster. / written by one that loves, serves, and honours the king, and also holds the dignity of a parliament in due honourable regard and reverence. jo. ta. taylor, john, 1580-1653. 8 p. by l. lichfield, [oxford : 1645] jo. ta. = john taylor. caption title. imprint from wing. annotation on thomason copy: "oxon sept: 10th 1645". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a95543 r200259 (thomason e300_15). civilwar no the generall complaint of the most oppressed, distressed commons of england.: complaining to, and crying out upon the tyranny of the perpet taylor, john 1645 3398 2 0 0 0 0 0 6 b the rate of 6 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-04 emma (leeson) huber sampled and proofread 2007-04 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the generall complaint of the most oppressed , distressed commons of england . complaining to , and crying out upon the tyranny of the perpetuall parliament at westminster . written by one that loves , serves , and honours the king , and also holds the dignity of a parliament , in due honourable regard and reverence . jo . ta. it is needlesse to demand , from what shire , county , city , corporation , town , burrough , village , hundred , hamlet , house , family , persons or person this complaint comes , for it were a rare search , and would trouble the braines of all the cunning men , and wisest mathemagicians , with all the judiciall astrologers , and fortune-telling figure-flingers , to tell us truly where this complaint is not . it is so universall epidemically generall , that whosoever hath not a greivous sence or remorcefull feeling of it , hath a soule stupified , and a conscience benum'd mortally with a dead palsie . we the most miserable amongst men , do make humble suite to you , who ( next to our sinnes and selves ) are the cause and causers of our miseries , you do best know the nature and condition of our greifes , you had the power , will and skill to wound us , and you have the art and knowledge to make us whole ; you have the secret vertue which is faigned to have been in achilles his launce , to hurt and cure . we are sure that the king most graciously eas'd and removed all our greivances , ( or as many as we complaind on ) there was not a monopoly , a tax , toll or tribute left , that was greivous or justly offensive , but they were all either made voyd , or mitigated , neither did his majesty deny you any thing that you did demand , nor you ever grant him any thing that he requested ; and to our griefes we speak it , it had bin better he had been more sparing of his royall grants , except you had more . loyally and gratefully dealt with him , and acknowledg'd them . we need not tell you , that the protestant religion is almost cast out of the kingdom by you . it is impertinent to give you notice how you have us'd the king , so that the meanest of your selves would be loath to be so dealt withall ; how we have been beggard and ruin'd by you , we know ▪ how you have inrich'd your selves by undoing us , you know , and when you will endeavour to seek peace , and cease those mischiefes which we suffer , god knowes . selfe do , selfe have , is an old english proverb . it is only our own doings that hath undon us , it was our tongues that extold you , it was our voyces that was your advancement , it was our noyses that elected you to that power , which you have turn'd into intollerable tyranny , it was we that did rend our throates for a kimbolton , a hampden , a pym , a martin , a haslerigge , a hollis , and a great many more then a good many . it was we that made you knights and burgesses for the shires , counties , cities , townes , burroughs , corporations ; and for us , it was our follies to do all this for you , for which it is too too manifest what you have done for us . thus by our meanes you were rais'd , and by our ruines you are inrich't . the premisses considered , we humbly beseech you to take these few following lines into your serious considerations , and at your pleasure or leisure , confute them if you can . it is a maine point of romish doctrine , that the pope cannot erre in matters of faith , ( which error of theirs is far from our opinions ) but this we are too sure of , that you have all erred in matters of trust . we the freeholders and commons of england do lamentably know and feell it ; folly and foolishnesse , are the only opposites to wisdome , and knowledge hath no enemy but ignorance , this being confest , we pray you to remember , that our rash folly elected you to be the representative body of the kingdome , which we did acknowledge you to be ; and we most humbly desire you to consider , that we are the body of the kingdome represented ; now as a thing representative is but a derivative from that which is the represented , so is your power derived from us , and from us who are but men full of infirmities and errors ; though our voyces had power to give you power , to be a house of commons in parliament ; yet from those voyces and folly of ours , we had not power to infuse infallible and inerrable wisedom into you . wee ( as men ) confident of your integrity , did chuse you as our proctors and atturnies , the kings majesty , with his best councell , and we ( the poore commons ) entrusted you with all we had , but we had no mistrust that you would deceive us of all we had , we trusted you to maintaine our peace , and not to imbroile us in an universall endlesse bloudy war . we trusted you with our estates , and you have rob'd , plunder'd , and undon us ; we trusted you with our freedomes , and you have loaden us with slavery and bondage , we trusted you with our lives , and by you we are slaughter'd and murther'd every day . we trusted you not with our soules , and yet you with a new legerdemain doctrine , a jugling kind of preaching , a pestiferous swarme of preachers , a mechanick kennell of illiterate knaves , with the threats and tyranny that you have used to us , and the execrable covenants which you have forc'd us to take , we might with as much safety , and lesse hazard , have trusted our soules with judas , julian th' apostate , or the divell himselfe , as with you , or your doctrines . many thousands of soules , ( loaden with their sinnes ) are impenitently parted from the bodies of his majesties subjects ( by your seducements and inforcements ) and ( alas ) few of them knew the cause wherefore they fought , or wherefore they so cruelly kill'd one another . you will say , that you fought for the protestant religion , ( that 's a lye ) it is known , that it was never offer'd to be taken from you , and that his majesty will live and dye in it , and the defence and maintaining of it ; doe you fight against the king , as fearing he would take from us our lawes and liberties , in those points we plainly perceive , that he never intended any such wickednesse ? but if he had had any such unkingly and tyrannicall intention , you have prevented him , and done it your selves . doe you fight against him , and murther his loving subjects , for feare that he should bring in forreigne-nations to destroy us , ( which thought never entred into his royall heart ) but you have done the same , both against his majesty and us , you have at exceeding rates and prices ( with our monies ) bought rebellious scots , who have sold themselves to you , and to work wickednesse , no purpose to ruine the king , the kingdome , you and us , and as the divell could not overthrow man without the help of the woman , so you could never destroy this church and state without your golden temptation of those accursed hirelings , which if you were to fell them againe , at halfe a quarter of the price they cost , it must be at a very deere market . it is an old saying , that the king of spaine is a king of men , because the spaniards ( as men and loyall subjects to him ) doe honour , obey , and serve him . that the french king is a king of asles , because of the insupportable heavy burthens , taxes , and slavery which they undergoe and tamely beare . but ( 't is said ) the king of england is a king of devills , because of their disobedient murmurings , and often rebellion . for the nature of an english man is , not to know when things are well , which if we would have knowne , things had not now been so bad as they are . doe you fight against the king to remove some evill councellors from him ? we know that you have long fidled upon that string , yet you could never name one of those counsellors , nor relate any particulars against them , that might so much , as put a scratch , scarre , or spot upon their integrity , either to his majesty or the publique good ; all that can be said , either against the king , queene , nobility , or any loyall royalist , is vented through your learned conduite pipe , mercurius britanicus , who ( by your especiall favour and command ) railes and reviles , sheetly , weekly , most wickedly weakly , cum privilegio . thus we perceive , that you pretend to fight for the protestant religion , and all the world may see and say , you have made a delicate dainty directory , new religion of it . and you have fought for the king , ( and that is most certaine ) you have fought and sought for the king , but it hath been to catch him , and make him no king . you have fought for our liberties , and have taken them from us , you have fought for the gospell , and have spoyl'd the church , you have fought for our goods , and yee have em , and you have fought to destroy the kingdome , and you have done it . what can you doe , or what would you doe more ? and still you persist in these impious courses , and there is no hope of any end of our sufferings . the many gulleries , that you have put upon us , would fill a large volume , if they should be written or printed ; and because you shall not think us to be fencelesse , or such block-heads as you would make us , you shall know that we know somewhat . and to lay aside all old dogge-tricks , how this rebellion hath been a brewing more then 60 yeares , we will let you know , that we know many of your state sleights and policies within these three yeares , &c. you have extorted great summes of mony from us , under the pretence of relieving of ireland , and with the same monies , you have maintain'd a bloudy warre in england , so that whatsoever was raked from us , for the preservation of one kingdome , you have imployed for the destruction of three ; for england is cheated , ireland , defeated , and scotland is heated in her owne dissentious flames . you have pretended treaties for peace , when ( god knowes ) peace was never in your thoughts , ( as by your impudent propositions and demands may appeare ) for if the turke had made a conquest here , he could not have devised , or would not have enjoyn'd and tyed the king , and his true liedge people to harder conditions , and then ( to salve your reputations ) you have caused your lying lecturers , and slanderous pamphlets to revile the king , and lay all the fault on him for the breaking off of the treaties , when as you had consulted , and knew before , that your unreasonable demands , neither would or could be granted . you have abused and mock'd god , with false and forged thankesgivings , for such victories as never were , and with your sophisticated triumphs of guns , b●lls , bonefires , ballads , libells , and other imposture-like expressions , whereby we have been seduc'd and encouraged to give more and more contributions , and buy our owne utter undoeings , for ( like corrupted and covetous lawyers ) you would not take so much paines , or doe us the curtesie to begger us gratis , to ruine us for nothing ; and you would not by any entreaty make us miserable at a cheap rate , or except we gave you our , monies , almost to the uttermost farthing . many of your faction ( like decoy ducks ) brought in their plate and monies at the beginning of this rebellion , in large proportions to the gull-hall of london , whereby thousands of people were gull'd , by deed of guift , ( or deeds of shift ) and new found loanes , and contributions , to maintaine your greatnesse , and feed your bottomlesse avarice , whilest we , and the rest of your new shorne sheep , had no other assurance , but the ayery pawne of a confounding faith , call'd publique ; and those cheating decoyes , who first gave , and lent to draw poore fooles on , those knaves had their plate and monies privately delivered to them againe , whilest ours was accursedly imployed against the true religion , a just king , and all his loyall protestant subjects . you have ( to make your victories seem great ) caused many of your owne tattard ensignes , cornets , or colours of foot and horse , with many armes , to be privately sent out of the city in an evening at one port , and brought in at another port in the morning in triumph , making the people beleeve , that those colours and armes , were taken from the king at such and such a battell ; and this trick hath hook'd us into more chargeable and rebellious contributions . you have caused thousand of armes to be bought and brought from forreigne nations , and those armes , you have proclaim'd to be taken at sea , and that either the king had bought them to make warre against the parliament , or that they were sent him for that purpose , from some catholique prince ; and this slight of hand , hath often jugled away our monies . you have many times , made women believe that their slaine husbands who went forth with you alive , were alive still , in such or such garrisons of yours , when you knew the same men were killed , and left dead in ditches for crowes meat , but that his majesty gratiously caused the dead to be buried , and the maimed and wounded , to be relieved and cured . you have contrived letters in private chambers , and you have subscribed them from forraigne kings and states , or from the queene to the king , or to some other persons of worth and eminency neer his majesty , which letters have been as full of forged dangerous consequences , as your wicked braines could thrust or foist into them ; and by some miraculous way , the said letters have been either intercepted on the land ( by some vigilant great commander of yours ) or they have been said to be taken at sea by your valiant admirall ; then are those letters openly read , and copied out a thousand waies , printed ten thousand waies , disperst a hundred thousand waies , and believed by millions of people , by the prateing of your preachers and pamphlets , which tricks have cost us some millions of money , with many thousand of our lives . you have many times taken ( or intercepted ) letters which have been sent from some of his majesties armies , garrisons , or some other true and loyall places or persons , or from the king or queene , one to another ; and those letters have been publiquely read and printed , but you have new moulded them , you have made your own constructions and interpretations on them , and in a word , you have not only the procreating art , to beget and engender such newes , as you please to have ; but also you are fruitfull in conceiving , and producing such letters as hath or may be most for your advantage ; as lately you have used in his majesties cabinet , which you took at naseby , and brake open at westminster , and made the letters therein , to speake what you would have them ; but ( maugre all your malice ) the said letters are as so many christall mirrours , wherein his kingly care , his christian piety , his immoveable constancy , in the service of god , in the protestant religion , in the peace of his kingdoms , and in the well-fare of his subjects , all these his letters doe shew ( in despight of your wrested comparisons , and mingle , mangle jugling alterations ) his transcendent goodnesse , and most gratious inclination , and royall resolution , and withall , your mischievous intentions are plainly manifested , in that you still persist in your wicked courses against so gratious a soveraigne . but there are more judicious , learned , and grave writers then any of us ( your oppressed complainants ) whose pens have better described your playing fast and loose in this kind , to whose better informations we leave you . we doe most heartily wish , that you were all as weary of being tyrants , as we are in bearing the insupportable burthens of your tyranny ; we doe humbly beseech you to be pleased to give over beggering and killing of us , we pray you to suffer us to live and enjoy the protestant religion , we desire you to let us feed and subsist upon that little which you have left us ( against your wills ; ) and lastly , we entreat you not to enforce us into a desperate condition , and make us doe we know not what . his majesty , as a true defender of the true faith , doth with truth defend that faith , and he hath most graciously often offered you peace and truth , both which you pretend , but you intend neither . lay down your armes , that 's the nearest way to a peace , and leave lying , and you shall have truth . if you will not , we would have you know , that we must take a course , that neither our purses or persons , shall not long maintaine you and your rebellious garrisons , ( who are no other but dens of theeves ) and as our tongues did lift you up , and made you able to abuse the king , the religion , church , and kingdome , so our hands must help to pull , or knock you downe , to recover part of that of which you have bereft us , and to keep about us to relieve us , that little which yet we have left us . finis . a speech made in the house of commons the 26th day of october, 1646 (upon the reading of the scotish papers the same day, in reply to the votes of both houses of parliament of the 24th of sept. concerning the disposall of the kings person) / spoken by thomas chaloner, esquier [sic], a member of the said house. chaloner, thomas, 1595-1661. this text is an enriched version of the tcp digital transcription a31559 of text r18165 in the english short title catalog (wing c1804). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 19 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a31559 wing c1804 estc r18165 12259316 ocm 12259316 57772 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a31559) transcribed from: (early english books online ; image set 57772) images scanned from microfilm: (early english books, 1641-1700 ; 176:17) a speech made in the house of commons the 26th day of october, 1646 (upon the reading of the scotish papers the same day, in reply to the votes of both houses of parliament of the 24th of sept. concerning the disposall of the kings person) / spoken by thomas chaloner, esquier [sic], a member of the said house. chaloner, thomas, 1595-1661. england and wales. parliament. house of commons. 15 p. s.n., [london : 1646] caption title. place and date of publication from wing. reproduction of original in huntington library. eng england and wales. -parliament. -house of commons. great britain -history -charles i, 1625-1649. great britain -history -civil war, 1642-1649. a31559 r18165 (wing c1804). civilwar no an answer to the scotch papers. delivered in the house of commons in reply to the votes of both houses of the parliament of england, concern chaloner, thomas 1646 3693 4 0 0 0 0 0 11 c the rate of 11 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2003-03 tcp assigned for keying and markup 2003-04 aptara keyed and coded from proquest page images 2003-06 john latta sampled and proofread 2003-06 john latta text and markup reviewed and edited 2003-08 pfs batch review (qc) and xml conversion a speech made in the house of commons the 26th day of october 1646. ( upon the reading of the scotish papers the same day , in reply to the votes of both houses of parliament of the 24th . of sept. concerning the disposall of the kings person , ) spoken by thomas chaloner , esquier , a member of the said house . mr. speaker , you have just now heard two papers read before you from the commissioners of scotland , the first concerning the disposall of the kings person , the other touching the distractions of the north , by reason ( as they say ) of the non-payment of their army : i shall speak nothing to the latter , because it hath beene so sufficiently answered by divers knowing members of this house . to the first i shall wholly apply my selfe , because little or nothing hath beene said to that point . the question then before you is , about the disposeall of the kings person , you say that , hee is to be disposed of as both houses of parliament shall think fitting , but your brethren of scotland say hee is to be disposed of as both kingdomes shall think fitting , and they fortifie their affirmation with these reasons . they say that he is not only king of england , but also king of scotland , as you have an interest in him , hee being king of england , so have they no lesse interest in him hee being king of scotland . and as they have not the sole interest in him , hee being king of scotland , because they acknowledge with all , that hee is king of england , so have not you the sole interest in him , he being king of england , because they desire you to remember , that he is also king of scotland : so as neither nation having a sole , but a joynt interest in his person , they ought joyntly to dispose of it for the weale and benefit of both kingdomes : this i take to bee the whole scope of their argument which they have represented unto you under so many disguises , and as it were by multiplying glasses , insomuch as the bare relating of it takes up three large sheets of paper . but while they debate this great question with you , touching the disposall of the kings person , and while they possitively affirme , that he is to be disposed of by the joynt consent of both nations . give me leave to remember you that in the meane time , they dispose wholly of him themselves , and so have done for these six months , and may for six months longer , for any thing i can gather out of these papers . their argument runs thus . wheresoever the kingdome of scotland hath an interest in there king , there they may dispose of him . but the kingdome of scotland hath an interest in their king , he being in england . therefore in england they may dispose of him . sir , this may seeme at the first to some to be a faire and specious argument , but let it be well considered , it will prove erronious and fallacious . for in the major proposition they understand one thing by the word king , and in the minor proposition they understand another thing by the word king , and so here is a conclusion inferred , which the premisses will not warrant . for the cleering whereof , i pray sir , remember that this word king is of a various signification , sometimes it is taken in abstracto , that is for the royall power , function , and office of a king , sometimes it is taken in concreto , that is for the man or person whom we call king . if their major proposition be taken in the first sense , we shall never deny it them , nay wee shall acknowledge that the king of scotland being taken in abstracto , wee have nothing to doe with him at all , hee is solely and totally theirs ; god forbid that a king of scotland going out of his kingdome , should either make scotland cease to bee a kingdome , or give any participation of interest to that countrey where hee doth reside , let his person reside in the furthest parts of the earth ; yet the royall office and capacity of the king resideth still in scotland , they have his sword to do iustice by , they have his scepter to shew mercy by they have his seale to confirme what they please by : and they have his lawes to governe by ; and in this sense it is only meant that the king is never under yeares , never dyes , cannot bee deceived , can neither do wrong , not take wrong , of any body ; and in this sense we fight for king and parliament , though the person of the king bee in opposition to both , and in this sense the returnes and tests of the kings writs are , coram me ipso apud vvestmonasterium , and teste meipso apud vvestmonasterium , let the person of the king at the same time be in france , or the remotest country of the world ; but a king of scotland taken in this sense is never out of scotland , and therefore whereas they say in the minor proposition . that the kingdome of scotland , hath an interest in their king , he being in england , this must needs be meant of a king in concreto , that is onely of the person of their king , and not of his royall capacity , and in this sense we must deny that they have any thing at all to doe with him . for though the royall office of the king of scotland is solely to bee disposed of by the state of scotland : yet it is not so with his person . for persona sequitur loc●m ; and his person must be disposed of by the supreame power of that country wheresoever he shall happen to abide . suppose a king of scotland should bee in spaine , will they say , they have as great an interest to dispose of his person there as in scotland , i thinke they will not say so : and yet they did affirme last day at the conference , that they had as good right to dispose of his person at westminster , as they had at edenburgh . but under their favour england is as distinct a kingdome from scotland as spaine : it is as distinct in lawes , distinct in priviledges , distinct in interest , it is neither subordinate , nor dependent of scotland , and they can no more dispose of a king of scotlands person , he being in england , then if he were in spaine . i shall take this as granted for good law , that let the person of any nation under the fun , which is in amity with england , happen to come into england , that person is forthwith a subject of england for hee being protected by the lawes of england , hee becomes thereby subject to those lawes , it being most certaine that protectio trahit subjectionem , & subjectio protectionem , they being relatives , the one cannot stand without the other , and as no man can be said to be a father that hath no son , nor no man a husband , that hath no wife , so no man can bee said to bee protected , that is not withall thereby subjected . and since without such protection every man may kill him , and destroy him . it seemes to stand with no proportion of justice , that a man should bee protected in life , limbe , or estate by any law that will not subject himselfe to that law . it cannot bee denyed , but that there is a twofold subjection legall , and locall , the legall subjection is due from every subject to his naturall prince , the locall from any forreigner to that prince or state where his person doth reside . and this , though it be onely pro tempore , and the other , during life : yet it doth for the time totally obstruct the operation of the other subjection : so that no king can command any subject of his , living out of his kingdome , but such subject of his , is to bee disposed of , by the sole authority of that supreame power , where hee makes his residence : and since the question is onely about the person of a king of scotland , for i conceive they will not take upon them any authority to dispose of the person of a king of england , i doe affirmc that if a king of scotland should have come into england , before the union of both these kingdomes , hee had beene instantly a subject of england and his person to bee disposed of by the sole authority of the lawes of england . for either wee must take him as a king or a subject , since betwixt them two there is no medium , as a king wee cannot take him , unlesse wee should commit treason against our naturall prince , and subject our selves to any but to him , it being most certaine , that there is the same relation betwixt the king and his subjects , as betwixt the husband and his wife , and as no man can be said to be a husband but his own wife ; so no man can be said ●o be a king but to his owne subjects , and therefore we cannot admit of any regality in the person of a king of scotland comming into england , unlesse at the same time , to the same person we should confesse subjection . for that it is most true , that as none can be said to be rex sine regno , so no man can be said to bee rex but in regno : therefore if a king of scotland comming as afore said into england , if against the lawes of england hee doe offend , by those laws of england he must be tryed , and by none other , for ubi quis delinquit , ibi punietur , and it is most sure , that we have disposed of the persons of kings of scotland comming into england both living and dead . and if wee may dispose of the person of a king of scotland without the consent of the kingdome of scotland , much more may wee dispose of the person of a king of england , hee being now in england without their privity or advice . but if they have any power to dispose of him , it is because they are either our masters or our fellows : if they be our masters , let them shew the time when they conquerd us , or the price for which we were sold unto them : if they be our fellows , why come they not to our parliaments , why contribute they not to our necessities ? but as it is apparent that they being two distinct kingdomes , governed by two distinct lawes : so they ought not to intermeddle one with anothers interest ; but to content themselves with what doth naturally appertaine to each of them severally . there is no doubt to be made , but that every husband hath as great an interest in the person of his wife , as any subject hath in the person of his soveraigne ; and yet a man may lose that interest by some act of his wives , as if she commit felony , murder , or treason , the law disposeth of her person , and her husband cannot claime any right , so much as to her dead body : so fareth it with a king , who by going out of his kingdome , or by being taken prisoner by his enemies , his subjects lose the interest they had in him , and he is at the disposall of his enemies iure belli . iohn king of england was cited to appeare at paris to answer for the death of arthur plantagenet duke of britaine whom hee had murthered ; the state of england would not let him goe , as holding it a great indignity and incongruity that a king of england should answer for any thing at paris right or wrong ; the french answered that they cited him not as king of england , but as duke of normandy ; as king of england they acknowledged to have nothing to doe with him , he was in that respect without them and beyond them ; but as duke of normandy which he held in fee of the crown of france , he owed fealty and allegiance for the same to the crowne of france , and therefore ought to answer . the english replied , that if the duke of normandy did goe , the king of england must goe ; and if the duke of normandy were beheaded , they knew well enough what would become of the king of england ; upon large debate hereof by all the lawyers in france it was resolved that if iohn had been in normandy at the time of his summons , he ought to have appeared ; but he being extra jurisdictionem reg●i franciae at the time of his summons , and infra jurisdictionem regni angliae , though legally he were a subject of france , yet locally he being in england , his summons was voyd , and hee forfeited nothing by his non-appearance . i will onely urge one argument more deduced from a knowne maxime of the law , not of england but of scotland also , which the commissioners of scotland the other day at the conference did cite themselves , in my opinion much against themselves , and that is this , quando duo iura , imo duo regna ( sayth a great lawyer ) concurrant in una persona , aequum est ac si essent in diversis , which is no more then this , when two kingdomes held by two distinct titles doe concur in one and the same person , it is all one as if they were in two distinct persons . i suppose here is our very case , here are two kingdomes . england and scotland , held by two distinct titles , which doe both concur in one person , in the person of king charles ; it is all one sayth this rule and maxime of the law , as if they were under two severall persons ; why then put the case , that there were one king of england and another of scotland , should the state of scotland have any thing to doe to dispose of the person of a king of england , he being in england ? i thinke you will say they could not . sir , i am sorry that our brethren have moved this question at this time ; for all questions make debates , and debates differences ; and this were a time for brothers to reconcile differences rather then to make them ; we have now lived 44 yeeres , both under two princes , and in all this time this question was never stirred in , till now ; had it been stirred in , no question but it had been rejected . the people of england would have held it very strange that they could not have disposed of the person of their owne king , or that a king of england could not have gone from whitehall to richmond or hampton-court without the will and appointment of the councell of scotland : they would have thought they had made an evill bargaine by such a union . for before the union they might have disposed of the person of their prince ; but after , not . and since they conceived that by the addition of scotland there was an addition of charge ▪ they would have been very sorry withall to have had an addition of servility . since the beginning of the world there was never before such a contention about the person of a king . the greekes and trojans did contend for a long time in fight about the dead body of partroclus which of them should have it . but here is not a contention about the dead body of a private man , but about the living body of a king ; neither doe we contend as they did , who should have his person , but here you do contend ( as farre as i conceive ) who should not have it . your brethren of scotland say positively they will not have the kings person upon any conditions whatsoever . it is now above six moneths past that you voted in this house the demanding of the kings person , but the lords refused to joyne with ye ; ever since untill this present you your selfe did acquiesce as if you had repented of your former vote ; now he must be put upon you , and with such termes as his present gardians please to allow of . truly it seemes strange to me , that an army of scots in pay of the kingdome of england , which by the treaty ought to be governed by the joynt consent of the committees of both kingdomes upon the place , should in england take a king of england without the privity of the english committee , and convey him to newcastle a towne likewise of england , and should there keepe him for six whole moneths without the consent of both houses of parliament . and when they finde it not convenient for them to keepe him any longer , then they will capitulate with you upon what conditions you must receive his person . i never thought to have found a king of england his person being in england , under any other protection but that of the lawes of england ; but now i finde him under the protection of a scottish army , whether they say hee is fled ; for shelter , and that they cannot render him up in honour . sir , if that army of theirs be come into this kingdome as brethren , friends , and confederates ( as we hope they are ) then is every person of that army during the time of his stay here locally a subject of england , and such children as are borne to them here are not aliens but denisons , and not onely locall but legall subjects of this kingdome . and therefore they having gotten the king into their hands , they ought no more to capitulate upon what terms he should be delivered into yours , then if the army of sir thomas fairfax were in possession thereof , who if they should deny the surrendring of the king unto you , but upon condition , no question but it were capitall . they say , that by vertue of the covenant they are obliged to defend his person and authority . what his authority is in scotland themselves best know ; but you onely are to judge of it in england , since being not subordinate to any power on earth , there is no power under heaven can judge you . the covenant ties you to maintaine in the first place the rights of parliament , and the liberties of the kingdome ; and in the second place the kings person and authority ; and that onely in defence of the former , and not otherwise . and whereas they expect the king should be received by you with honour , safety , and freedome , i beseech you , sir , consider whether ( as the case now stands ) his reception with honour can stand with the honour of the kingdome , whether his safety be not incompatible with the safety of the common-wealth , and whether his freedome be not inconsistent with the freedome of the people . i pray ( sir ) take heed least that bringing him in with honour you doe not dishonour your selfe , and question the very justice of all your actions ; be wary that in receiving him with safety you doe not thereby endanger and hazard the common-wealth ; be advised least in bringing him home with freedome , you doe not thereby lead the people of england in thraldome . i pray ( sir ) first settle the honour , safety and freedome of the common-wealth , and then the honour , safety , and freedome of the king , so far as the latter may stand with the former , and not otherwise wherefore i shall conclude with my humble desire that you would adhere to your former vote that is , that the king be disposed of as both houses of parliament shall thinke fitting ; and that you enter into no treaty either with the king or your brethren of scotland , least otherwise thereby you retard the going home of their army out of england . finis . a rough draught of a new model at sea halifax, george savile, marquis of, 1633-1695. 1694 approx. 26 kb of xml-encoded text transcribed from 16 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a44813 wing h319 estc r19068 12397778 ocm 12397778 61205 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a44813) transcribed from: (early english books online ; image set 61205) images scanned from microfilm: (early english books, 1641-1700 ; 940:2) a rough draught of a new model at sea halifax, george savile, marquis of, 1633-1695. 30 p. printed for a. banks, london : 1694. reproduction of original in cambridge university library. attributed to george savile halifax. cf. nuc pre-1956. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -royal navy -officers. 2003-10 tcp assigned for keying and markup 2003-10 aptara keyed and coded from proquest page images 2003-12 judith siefring sampled and proofread 2003-12 judith siefring text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion a rough draught of a new model at sea. london , printed for a. banks . 1694. a rough draught of a new model at sea. i will make no other introduction to the following discourse , than that the importance of our being strong at sea , was ever very great , so in our present circumstances it is grown to be much greater ; because , as formerly , our force in shipping contributed greatly to our trade and safety . so now it is become indispensibly necessary to our very being . it may be said now to england , martha , martha , thou art busie about many things , but one thing is necessary to the question , what shall we do to be saved in this world ? there is no other answer , but this , look to your mote . the first article of an english-man's political creed , must be , that he believeth in the sea , &c. without that , there needeth no general council to pronounce him incapable of salvation here . we are in an island , confined to it by god almighty , not as a penalty , but a grace , and one of the greatest that can be given to mankind . happy confinement , that hath made us free , rich , and quiet ; a fair portion in this world , and very well worth the preserving ; a figure that ever hath been envied , and could never be imitated by our neighbours . our scituation hath made greatness abroad by land conquests unnatural things to us . it is true , we have made excursions , and glorious ones too , which make our names great in history , but they did not last . admit the english to be giants in courage , yet they must not hope to succeed in making war against heaven , which seemeth to have enjoined them to acquiesce in being happy within their own circle . it is no paradox to say that england hath its root in the sea , and a deep one too ; from whence it sendeth its branches into both the indies . we may say further in our present case , that if allegiance is due to protection , ours to the sea is due from that rule , since by that , and by that alone , we are to be protected ; and if we have of late suffered usurpation of other methods contrary to the homage we owe to that which must preserve us . it is time now to restore the sea to its right ; and as there is no repentance effectual without amendment , so there is not a moment to be lost in the going about it . it is not pretended to launch into such a voluminous treatise , as to set down every thing to which so comprehensive a subject might lead me ; for as the sea hath little less variety in it than the land ; so the naval force of england extendeth its self into a great many branches , each of which are important enough to require a discourse apart , and peculiarly applied to it . but there must be a preference to some consideration above others , when the weight of them is so visibly superior that it cannot be contested . it is there first that the foundations are to be laid of our naval oeconomy ; amongst these there is one article which in its own nature must be allowed to be the corner-stone of the building , viz. the choice of officers , with the discipline and encouragement belonging to them . upon this head only i shall then take the liberty to venture my opinion into the world , with a real submission to those who may offer any thing better for the advantage of the publick . the first question then will be , out of what sort of men the officers of the fleet are to be chosen ; and this immediately leadeth us to the present controversie between the gentlemen and the tarpaulins . the usual objection on both sides , are too general to be relied upon . partiality and common prejudices direct most mens opinions , without entring into the particular reasons which ought to be the ground of it : there is so much ease in aquiescing in generals , that the ignorance of those who cannot distinguish , and the largeness of those who will not , maketh men very apt to decline the trouble of stricter enquiries , which they think too great a price for being in the right , let it be never so valuable . this maketh them judge in the lump , and either let their opinions swim along with the stream of the world , or give them up wholly to be directed by success : the effect of this is that they change their minds upon every present uneasiness , wanting a steady foundation , upon which their judgment should be formed . this is a pearching upon the twiggs of things , and not going to the root : but sure the matter in question deserveth to be examined in another manner , since so much dependeth upon it . to state the thing impartially , it must be owned that it seemeth to lie fairest for the tarpaulin : it giveth an impression , that must have so much weight as to make a mans opinion lean very much on that side , it carrieth so much authority with it , it seemeth to be so unquestionable that those are fittest to command at sea , who have not only made it their calling , but their element ; that there must naturally be a prejudice to any thing that can be said against it : there must therefore be some reason very extraordinary to support the argument on the other side , or else the gentlemen could never enter the lists against such a violent objection , which seemeth not to be resisted . i will introduce my argument with an assertion , which as i take to be true almost in all cases , so it is necessary to be explained and enforced in this . the assertion is , that there is hardly a single proposition to be made , which is not deceitful , and the tying our reason too close to it , may in many cases be destructive . circumstances must come in , and are to be made a part of the matter of which we are to judge ; positive decisions are always dangerous , more especially in politicks . a man who will be master of an argument , must do like a skilful general , who sendeth scouts on all sides to see whether there may not be an enemy . so he must look round to see what objections can be made , and not go on in a streight line , which is the ready way to lead him into a mistake . before then that we conclude what sort of men are fittest to command at sea , a principle is to be laid down , that there is a differing consideration to be had of such a subject-matter as is in it self distinct and independent , and of such a one , as being a limb of a body , or a wheel of a frame , there is a necessity of suiting it to the rest , and preserving the harmony of the whole : a man must not in that case restrain himself to the separate consideration of that single part , but must take care it may fall in and agree with the shape of the whole creature of which it is a member . according to this proposition , which i take to be indisputable , it will not , i hope , appear an affectation or an extravagant fit of unseasonable politicks , if , before i enter into the particular state of the present question , i say something of the government of england , and make that the ground-work of what sort of men are most proper to be made use of to command at sea. the forms of government to which england must be subjected , are either absolute monarchy , a commonwealth , or a mixed monarchy , as it is now ; with those natural alterations that the exigency of affairs may from time to time suggest . as to absolute monarchy , i will not allow my self to be transported into such invectives as are generally made against it ; neither am i ready to enter into the aggravating-stile of calling every thing slavery , that restraineth men in any part of their freedom ; one may discern in this , as in most other things , the good and the bad of it : we see by too near an instance , what france doth by it ; it doth not only struggle with the rest of christendom , but is in a fair way of giving law to it . this is owing in great measure to a despotick and undivided power ; the uncontroulable authority of the directive counsels maketh every thing move without disorder of opposition , which must give an advantage that is plain enough of it self , without being proved by the melancholy experience we have of it at this time . i see and admire this ; yet i consider at the same time , that all things of this kind are comparative ; that as on one side , without government men cannot enjoy what belongeth to them in particular , nor can a nation secure or preserve it self in general ; so on the other side , the end of government being , that mankind should live in some competent state of freedom , it is very unnatural to have the end destroyed by the means that were originally made use of to attain it . in this respect something is to be ventured rather than submit to such a precarious state of life as would make it a burthen to a reasonable creature ; and therefore after i have owned the advantages in some kind of an unlimitted government , yet whilst they are attended with so many other discouraging circumstances , i cannot think but they may be bought too dear ; and if it should be so , that it is not possible for a state to be great and glorious , except the subjects are wretchedly miserable . i am ashamed to own my low-spirited frailty , in preferring such a model of government as may agree with the reasonable enjoyment of a free people , before such a one by which empire is to be extended at such an unnatural price . besides , whatever mens opinions may be one way or another , in the general question , there is an argument in our case that shutteth the door to any answer to it , ( viz. ) we cannot subsist under a despotick power , our very being would be destroyed by it ; for we are to consider , we are a very little spot in the map of the world , and make a great figure only by trade , which is the creature of liberty ; one destroyed , the other falleth to the ground by a natural consequence , that will not admit a dispute . if we should be measured by our acres , we are poor inconsiderable people ; we are exalted above our natural bounds , by our good laws , and our excellent constitution . by this we are not only happy at home , but considerable abroad : our scituation , our humor , our trade , do all concurr to strengthen this argument . so that all other reasons must give place to such a one as maketh it out , that there is no mean between being a free nation , and no nation . we are no more a people , nor england can no longer keep its name from the moment , that our liberty are extinguisht ; the vital strength that should support us , being withdrawn . we should then be no more than the carcass of a nation , with no other security than that of contempt , and to subsist upon no other tenure , than that we should be below the giving temptation to our stronger neighbours to devour us . in my judgement therefore , there is such a short decision to be made upon this subject , that in relation to england , an absolute monarchy is an unreasonable thing to be wished , as i hope it will be impossible ever to be obtained . it must be considered in the next place , whether england likely is to be turned into a commonwealth . it is hard at any time to determine what will be the shape of the next revolution , much more at this time would it be inexcuseably arrogant to undertake it . who can foresee whether it will be from without or from within , or from both ? whether with or without the concurrence of the people ? whether regularly produced or violently imposed ? i shall not therefore magisterially declare it impossible that a commonwealth should be setled here ; but i may give my humble opinion , that according to all appearances , it is very improbable . i will first lay it down for a principle , that it is not a sound way of arguing to say , that if it can be made out , that the form of a commonwealth will best suit with the interest of the nation , it must for that reason of necessity prevail . i will not deny but that interest will not lye , is a right maxim , where-ever it is sure to be understood ; else one had as good affirm , that no man in particular , nor mankind in general , can ever be mistaken . a nation is a great while before they can see , and generally they must feel first before their sight is quite cleared : this maketh it so long before they can see their interest , that for the most part it is too late for them to pursue it : if men must be supposed always to follow their true interest , it must be meant of a new manufactory of mankind by god almighty ; there must be some new clay , the old stuff never yet made any such infallible creature . this being premised , it is to be inquired , whether instead of inclination or a leaning toward a commonwealth , there is not in england a general dislike to it ; if this be so , as i take it to be , by a very great disparity in numbers , it will be in vain to dispute the reason whilst humor is against it , allowing the weight that is due to the argument which may be alledged for it ; yet if the herd is against it , the going about to convince them would have no other effect than to shew , that nothing can be more impertinent than good reasons , when they are misplaced or ill-timed . i must observe that there must be some previous dispositions in all great changes to facilitate and to make way for them ; and i think it not at all abused to affirm , that such resolutions are seldom made at all , except by the general preparations of mens minds , they are half made before it is plainly visible that men go about them . tho' it seemeth to me , that the argument alone maketh all others unnecessary , yet i must take notice , that besides what hath been said upon this subject , there are certain preliminaries to the first building a commonwealth ; some materials absolutely necessary for the carrying on such a fabrick , which are at present wanting amongst us , i mean vertue , morality , diligence , religion , or at least hypocrisie . now this age is so plain dealing , as not to dissemble so far as to an outward pretence of qualities which seem at present so unfashionable , and under so much discountenance . from hence we may draw a plain and natural inference , that a common-wealth is not fit for us , because we are not fit for a commonwealth . this being granted , the supposition of this form of government of england , with all its consequences to the present question , must be excluded , and absolute monarchy having been so too by the reasons at once alledged , it will without further examination fall to a mixt government , as we now are : i will not say that there is never to be any alteration ; the constitution of the several parts that concurr to make up the frame of the present government , may be altered in many things , in some for the better , and in others perhaps for the worse , according as circumstances shall arise to induce a change ; and as passion and interest shall have more or less influence upon the publick councils : but still if it remaineth in the whole so far a mixt monarchy , that there shall be a restraint upon the prince , as to the exercise of a despotick power , it is enough to make it a ground-work for the present question . it appeareth then , that a bounded monarchy is that kind of government which will most probably prevail and continue in england ; from whence it must follow ( as hath been hinted before ) that every considerable part ought to be so composed , as the better to conduce to the preserving the harmony of the whole constitution . the navy is of so great importance , that it would be disparaged by calling it less than the life and soul of government . therefore to apply the argument to the subject we are upon , in case the officers should be all tarpaulins , it would either be in reality , or at least it would be thought too great a tendency to a commonwealth ; such a part of the constitution being democratically disposed , may be suspected to endeavour to bring it into that shape ; and where the influence must be so strong , the supposition will be the more justifiable : in short , if the maritim force , which is the only thing that can defend us , should be wholly directed by the lower sort of men , with an entire exclusion of the nobility and gentry , it will not be easie to answer the arguments supported by so great a probability , that such a scheme would not only lean toward a democracy , but directly lead us into it . let us now examine the contrary proposition , viz. that all officers should be gentlemen . here the objection lieth so fair of its introducing an arbitrary government , that it is as little to be answered in that respect , as the former is in the other . gentlemen in a general definition will be suspected to lie more than other men under the temptations of being made instruments of unlimitted power ; their relations , their way of living , their taste of the entertainments of the court , inspire an ambition that generally draweth their inclinations toward it , besides the gratifying of their interests . men of quality are often taken with the ornaments of government ; the splendor dazleth them so , as that their judgments are surprized by it ; and there will be always some , that have so little remorse for invading other men's liberties , that it maketh them less sollicitous to preserve their own . these things throw them naturally into such a dependance as might give a dangerous byass : if they alone were in command at sea , it would make that great wheel turn by an irregular motion ; and instead of being the chief means of preserving the whole frame , might come to be the chief instruments to discompose and dissolve it . the two former exclusive propositions being necessarily to be excluded in this question , there remaineth no other expedient ; neither can any other conclusion be drawn from the argument as it hath been stated , than that there must be a mixture in the navy of gentlemen and tarpaulins , as there is in the constitution of the government , of power and liberty . this mixture is not to be so rigorously defined , as to set down the exact proportion there is to be of each ; the greater or less number must be directed by circumstances , of which the government is to judge , and which makes it improper to set such bounds , as that upon no occasion it shall on either side be lessened or enlarged . it is possible the men of wapping may think they are injured by giving them any partners in the dominion of the sea ; they may take it unkindly to be jostled in their own element by men of such a different education , that they may be said to be of another species ; they will be apt to think it an usurpation upon them ; and notwithstanding the instances that are against them , and which give a kind of prescription on the other side , they will not easily acquiesce in what they conceive to be a hardship to them . but i shall in a good measure reconcile my self to them by what follows ; ( viz. ) the gentlemen shall not be capable of bearing office at sea , except they be tarpaulins too ; that is to say , except they are so trained up by a continued habit of living at sea , that they may have a right to be admitted free denizons of wapping . upon this dependeth the whole matter , and indeed here lieth the difficulty ; because the gentlemen brought up under the connivance of a looser discipline , and of an easier admittance , will take it heavily to be reduced within the fetters of such a new model ; and i conclude they will be extreamly averse to that , which they will call an vnreasonable yoke upon them , that their original consent is never to be expected . but if it appeareth to be convenient , and which is more , that it is necessary for the preservation of the whole , that it should be so , the government must be called in aid to suppress these first boylings of discontent ; the rules must be imposed with such authority , and the execution of them must be so well supported , that by degrees their impatience will be subdued , and they will concurr in an establishment , to which they will every day be more reconciled . they will find it will take away the objections which are now thrown upon them , of setting up 〈◊〉 masters without having ever been apprentices ; or at least , without having served out their time . mankind naturally swelleth against favour and partiality ; their belief of their own merit maketh men object them to a prosperous competitor , even when there is no pretence for it ; but where there is the least handle offered , to be sure it will be taken . so in this case , when a gentleman is preferred at sea , the tarpaulin is very apt to impute it to friend or favour : but if that gentleman hath before his preferrment passed through all the steps , which ought to lead to it ; that he smelleth as much of pitch and tarr as those that were swadled in a sail-cloth ; his having a scutcheon will be so far from doing him harm , that it will set him upon the advantage ground : it will draw a real respect to his quality when so supported , and give him an influence and an authority infinitely superior to that which the meer seamen can ever pretend to . when a gentleman hath learned how to obey , he will grow very much fitter to command ; his own memory will advise him not to exact unreasonable things ; and for smaller faults , not to inflict too rigorous punishments : he will better resist the temptations of authority ( which are great ) when he reflecteth how much he hath at other times wished it might be gently exercised , when he was liable to the rigor of it . when the undistinguisht discipline of a ship hath tamed the young mastership , which is apt to arise from a gentleman's birth and education , he then groweth proud in the right place , and valueth himself first upon knowing his duty , and then upon doing it . in plain english , men of quality in their several degrees , must either restore themselves to a better opinion both for morality and diligence , or else quality it self will be in danger of being extinguished . the original gentleman is almost lost in strictness , when posterity doth not still further adorn by their vertue : the scutcheon their ancestors first got for them by their merit , they deserve the penalty of being deprived of it . to expect that quality alone should waft men up into places and imployments , is as unreasonable , as to think that a ship , because it is carved and gilded , should be fit to go to sea without sails or tackling . but when a gentleman maketh no other use of his quality , than to incite him the more to do his duty , it will give such a true and settled superiority , as must destroy all competition from those that are below him . it is time now to go to the probationary qualifications of an officer at sea ; and i have some to offer , which i have digested in my thoughts , i hope impartially , that they may not be speculative notions , but things easie and practicable , if the directing powers will give due countenance and encouragement to the execution of them : but whilst i am going about to set them down , tho' this little essay was made to no other end , than to introduce them , i am , upon better recollection , induced to put a restraint upon my self , and rather retract the promise i made at the beginning , than by advising the particular methods , by which i conceive the good end that is aimed at may be obtained , to incurr the imputation of the thing of the world , of which i would least be guilty , which is , of anticipating by my private opinion , the judgment of the parliament , or seeming out of my slender stock of reason , to dictate to the supream wisdom of the nation . they will , no doubt , consider the present establishments for the discipline at sea , which are many of them very good , and if well executed , might go a great way in the present question . but i will not say they are so perfect , but that others may be added to make them more effectual , and that some more supplemental expedients may be necessary to compleat what is yet defective ; and whenever the parliament shall think fit to take this matter into their consideration , i am sure they will not want for their direction the auxiliary reasons of any man without doors , much less of one whose thoughts are so intirely and unaffectedly resigned to whatever they shall determine in this or any thing else relating to the publick . finis . by the king, a proclamation declaring the parliament shall sit the one and twentieth day of october england and wales. sovereign (1660-1685 : charles ii) 1680 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a32405 wing c3292 estc r34807 14817099 ocm 14817099 102737 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32405) transcribed from: (early english books online ; image set 102737) images scanned from microfilm: (early english books, 1641-1700 ; 1566:39) by the king, a proclamation declaring the parliament shall sit the one and twentieth day of october england and wales. sovereign (1660-1685 : charles ii) charles ii, king of england, 1630-1685. 1 broadside. printed by john bill, thomas newcomb, and henry hills ..., london : 1680. "given at our castle at windsor the 26th day of august 1680. in the two and thirtieth year of our reign." reproduction of original in the huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. proclamations -great britain. great britain -history -charles ii, 1660-1685. 2008-03 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation declaring the parliament shall sit the one and twentieth day of october . charles r. whereas this present parliament has been continued by divers prorogations , and is now prorogued to the twenty first day of october next ensuing ; his majesty having now resolved for weighty considerations both at home and abroad , that the parliament shall then meet and sit : to the end therefore that the lords spiritual and temporal , the knights , citizens and burgesses may take notice thereof , and give their attendance , his majesty doth by this his royal proclamation publish and declare , that the parliament shall then meet and sit , and doth hereby require the presence of all and every of them , and that they give their attendance accordingly . given at our castle at windsor the 26th day of august 1680. in the two and thirtieth year of our reign . god save the king. london , printed by john bill , thomas newcomb , and henry hills , printers to the kings most excellent majesty . 1680. by the council of state. a proclamation. whereas colonel john lambert was, in order to the publique safety, and for reasons of high concernment to the peace of the nation, committed prisoner to the tower of london ... proclamations. 1660-04-11 england and wales. council of state. this text is an enriched version of the tcp digital transcription a84479 of text r211805 in the english short title catalog (thomason 669.f.24[60]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a84479 wing e786 thomason 669.f.24[60] estc r211805 99897152 99897152 135090 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a84479) transcribed from: (early english books online ; image set 135090) images scanned from microfilm: (early english books, 1641-1700 ; 2484:4) by the council of state. a proclamation. whereas colonel john lambert was, in order to the publique safety, and for reasons of high concernment to the peace of the nation, committed prisoner to the tower of london ... proclamations. 1660-04-11 england and wales. council of state. 1 sheet ([1] p.) printed by abel roper and tho. collins, printers to the council of state, london : [1660] at end: "wednesday 11 aprill. 1660. at the council of state at vvhitehall. ordered, that this proclamation be forthwith printed and published. william jessop, clerk of the council.". "col. john lambert, committed prisoner to the tower by the late parliament, has escaped. he is to surrender within 24 hours. £100 reward for his discovery."--steele. steele notation: safecolonel safe. title from caption and opening lines of text. reproduction of original in the folger shakespeare library. eng england and wales. -parliament -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. broadsides -england a84479 r211805 (thomason 669.f.24[60]). civilwar no by the council of state. a proclamation. whereas colonel john lambert was, in order to the publique safety, and for reasons of high concernm england and wales. council of state 1660 307 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-11 tcp assigned for keying and markup 2007-11 apex covantage keyed and coded from proquest page images 2007-12 elspeth healey sampled and proofread 2007-12 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion ❧ by the council of state . a proclamation . whereas colonel john lambert was , in order to the publique safety , and for reasons of high concernment to the peace of the nation , committed prisoner to the tower of london , and there continued under restraint by order of the late parliament : and whereas the council of state is informed , that the said colonel john lambert hath broke prison , and made his escape out of the tower . the council do hereby charge , and require the said colonel john lambert , at his uttermost peril , to render himself to the council at whitehall , within twenty four hours after the publishing of this proclamation ; and they do strictly prohibit all and every person and persons from harbouring , sheltering , or in any kind concealing of the said colonel john lambert upon such paines and penalties as the said colonel john lambert is himself lyable to , for the high crimes whereof he stands guilty . and the council do hereby declare , that whosoever shall discover , and bring into them , the said colonel john lambert , shall have one hundred pounds given him as a gratuity , and reward for such his service . and all officers civil and military are required to give their best assistance to any person that shall make discovery of the said colonel john lambert , for the securing and bringing of him in safe custody to the council . wednesday 11 aprill . 1660. at the council of state at whitehall . ordered , that this proclamation be forthwith printed and published . william jessop , clerk of the council . london , printed by abel roper and tho. collins , printers to the council of state . by the king and queen, a proclamation for nominating and appointing commissioners for putting in execution the act of parliament lately passed for raising money by a poll, and otherwise, towards the reducing of ireland william r. england and wales. sovereign (1689-1694 : william and mary) 1689 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a66304 wing w2595 estc r23266 12494915 ocm 12494915 62474 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a66304) transcribed from: (early english books online ; image set 62474) images scanned from microfilm: (early english books, 1641-1700 ; 951:54) by the king and queen, a proclamation for nominating and appointing commissioners for putting in execution the act of parliament lately passed for raising money by a poll, and otherwise, towards the reducing of ireland william r. england and wales. sovereign (1689-1694 : william and mary) william iii, king of england, 1650-1702. mary ii, queen of england, 1662-1694. england and wales. parliament. 1 sheet ([1] p.) printed by charles bill and thomas newcomb ..., london : 1689. reproduction of original in huntington library. broadside. at end of text: witness our selves at westminster the thirteenth day of may, in the first year of our reign. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -act for raising money by a poll payable quarterly for one year for carrying on a vigorous war against france. england and wales. -act for granting to their majesties an aid of four shillings in the pound for one year for carrying on a vigorous war against france. broadsides 2008-02 tcp assigned for keying and markup 2008-03 spi global keyed and coded from proquest page images 2008-04 elspeth healey sampled and proofread 2008-04 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion by the king and queen , a proclamation for nominating and appointing commissioners for putting in execution the act of parliament lately passed for raising money by a poll , and otherwise , towards the reducing of ireland . william r. william and mary , by the grace of god king and queen of england , scotland , france and ireland , defenders of the faith , &c. to all to whom these presents shall come greeting . whereas in and by one act lately passed in this presents parliament ( entituled , an act for raising money by a poll , and otherwise , towards the reducing of ireland ) it is enacted , that so many of the persons named and appointed to be commissioners by another act of this present parliament , ( entituled , an act for granting a present aid to their majesties ) as by vs under the great seal of england shall be nominated and appointed for that purpose , shall be commissioners for putting in execution the said act for raising money by a poll , and otherwise , as by the said act of parliament , relation being thereunto had , more fully may appear ; we reposing especial trust and confidence in the abilities , care and circumspections of all and every the person and persons which were named and appointed to be commissioners by the said act for granting to vs a present aid , that are now living , have nominated and appointed , and do by these presents nominate and appoint them , and every of them , to be our commissioners for putting in execution the said act of parliament for raising money by a poll , and otherwise , and all the powers therein contained within all and every the several and respective counties , ridings , cities , boroughs , towns and places , for which by the said former act they are appointed commissioners : and to them the said commissioners , or to such or so many of them as by the said act for raising money by a poll , or otherwise , are or shall be in any case or cases requisite and necessary ; we do by these presents give full power and authority to put in execution all the powers contained or specified in the same act , and generally to do , perform or execute , or to cause to be done , performed or executed , all matters or things whatsoever , which any commissioners appointed , or to be appointed by vs , may or can lawfully do , perform or execute in relation to the same , within all and every of the said several and respective counties , ridings , cities , boroughs , towns and places for which by the said former act they were commissioned and appointed as aforesaid : hereby willing and requiring them , and every of them , from time to time to proceed and act according to the rules and directions of the said act of parliament , and diligently to intend the execution of this our service in all things as becometh ; and these presents shall be to them , and every of them , a sufficient warrant and discharge in this behalf . in witness whereof we have caused these our letters to be made patents . witness our selves at westminster the thirteénth day of may , in the first year of our reign . god save king william and queen mary . london , printed by charles bill , and thomas newcomb , printers to the king and queen's most excellent majesties . 1689. die jovis, 6 januarii. 1647. additionall directions of the lords and commons assembled in parliament for the billetting of the army, when they are upon a march, or setled in their quarters. proceedings. 1648-03-06 england and wales. parliament. this text is an enriched version of the tcp digital transcription a82502 of text r229553 in the english short title catalog (wing e1175aa). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a82502 wing e1175aa estc r229553 99900194 99900194 136355 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a82502) transcribed from: (early english books online ; image set 136355) images scanned from microfilm: (early english books, 1641-1700 ; 2555:23) die jovis, 6 januarii. 1647. additionall directions of the lords and commons assembled in parliament for the billetting of the army, when they are upon a march, or setled in their quarters. proceedings. 1648-03-06 england and wales. parliament. england and wales. parliament. house of lords. proceedings. 1648. 1 sheet ([1] p.) for john wright at the kings head in the old bayley, imprinted at london : 1647. [i.e. 1648] year given according to lady day dating. ordered by the house of lords to be be printed and published. steele notation: from and in-. reproduction of original in the henry e. huntington library. eng england and wales. -army -early works to 1800. soldiers -billeting -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. broadsides -england a82502 r229553 (wing e1175aa). civilwar no die jovis, 6 januarii. 1647. additionall directions of the lords and commons assembled in parliament, for the billetting of the army, when t england and wales. parliament 1648 664 1 0 0 0 0 0 15 c the rate of 15 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 emma (leeson) huber sampled and proofread 2007-11 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion die jovis , 6 januarii . 1647. additionall directions of the lords and commons assembled in parliament , for the billetting of the army , when they are upon a march , or setled in their quarters . 1. that whensoever any forces shall be by vertue of an order from the generall , or from such as he shall appoint , upon a march o● removing quarters , they shall at the townes or parishes where they shall be ordered to quarter , be billetted in the usuall way by the quarter-master or superiour officers , according to the directions of the constables or chiefe civill officers of the said townes or parishes : and the respective inhabitants where any of the said souldiers shall be so billetted shall receive them , and for one night , or two nights at the most , shall finde them their ordinary family diet , wherewith the souldier shall be contented and pay for the same at the rate of six pence per diem for a foot souldier , and twelve pence per diem for a trooper , and hay onely for his horse . 2 that for the first fortnight after the forces shall be drawne into garisons , towns , and cities , ( according to the directions of parliament ) and untill they shall be furnished with pay to enable them to maintaine themselves , they shall in the same manner be quartered , received , and provided for , and at the same rates aforesaid , by such inhabitants upon whom they shall be billetted by the magistrate of the place , or by their owne officers , in case the civill magistrate shall refuse to do it ; the officers ingaging to the inhabitants to see the quarters discharged at the said rates . 3 that after the said fornight is expired , or after the forces shall be furnished with pay as aforesaid , in any garrisons , townes , or cities , where any forces shall come by order as aforesaid , to be at a setled quarter , so many of them as cannot be conveniently disposed of to innes , ale-houses , tavernes , or victualling-houses , shall be billetted at other houses by the chiefe magistrate of the place , or ( if he shall refuse to doe it ) by the chiefe officer present with the said forces : and in case of any abuse or inequality therein , the said magistrate , or next justice of peace , to have power to order and alter the proportions of billetting to the severall inhabitants , as he shall finde most fit and equall : and the persons where they shall be so billetted , shall receive them accordingly ; but shall not after the two first nights from the souldiers coming thither ( for which the souldier is to pay at the rates aforesaid ) be lyable to finde the souldier any dyet or horse-meat ( except by agreement betwixt him and the souldier , and at such rates as they shall agree upon ) but shall only entertaine the souldier with lodging , stable-roome , and the use of their ordinary fire and candle-light . and in case any such inhabitants be agrieved therewith , and desire to have no souldiers at all in his house ( he or the magistrate providing such billet for the souldier else where within the towne ) or at any village adjacent ( within such distance as the chiefe officer commanding in the quarter shall allow of ) such inhabitant shall have his house wholly free . die jovis , 6 januarii . 1647. ordered by the lords assembled in parliament , that these additionall directions be forthwith printed and published . joh. brown cler. parliamentorum . imprinted at london , for john wright at the kings head in the old bayley . 1647. by the parliament. the parliament being desirous that good order and discipline may still be continued in the army ... proceedings. 1660-02-27 england and wales. parliament. this text is an enriched version of the tcp digital transcription a83340 of text r211631 in the english short title catalog (thomason 669.f.23[65]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83340 wing e2119 thomason 669.f.23[65] estc r211631 99897384 99897384 132752 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83340) transcribed from: (early english books online ; image set 132752) images scanned from microfilm: (early english books, 1641-1700 ; 2498:10) by the parliament. the parliament being desirous that good order and discipline may still be continued in the army ... proceedings. 1660-02-27 england and wales. parliament. 1 sheet ([1] p.) printed by john streater, and john macock, printers to the parliament, london : 1659. [i.e. 1660] title from caption and first lines of text. the year is given according to lady day dating. an order of parliament for "officers of the army forthwith to repair to their respective charges.". dated at end: monday, february, 27. 1659. ordered by the parliament, that this order be forthwith printed and published. thomas st nicholas, clerk of the parliament. annotation on thomason copy: "feb: 28". reproduction of original in the folger shakespeare library. eng england and wales. -army -early works to 1800. broadsides -england a83340 r211631 (thomason 669.f.23[65]). civilwar no by the parliament. the parliament being desirous that good order and discipline may still be continued in the army, ... england and wales. parliament 1660 281 1 0 0 0 0 0 36 d the rate of 36 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 emma (leeson) huber sampled and proofread 2007-11 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag (1649-1651) ❧ by the parliament . the parliament being desirous that good order and discipline may still be continued in the army , to the end , that the souldiers thereof may not any wise be an oppression to the country ; and whereas divers officers of the army , whose regiments , troops and companies are quartered in several counties of this nation , do still continue here about the town , and absent from their respective charges , do therefore hereby require all such officers of the army forthwith to repair to their respective charges , and not to depart from them without special ▪ order from the lord general . and in case that any of the regiments , troops , or companies of the army are removed from the quarters last assigned them , without order from the lord general ; the parliament doth require such regiments , troops and companies to return forthwith to their said last quarters formerly assigned them , or to such other quarters , as shall be assigned by directions from the lord general . and the parliament doth further require , that such regiments , troops or companies as are not removed , do continue in the quarters last assigned unto them ; and none of them to remove from thence , without the speciall order of the lord generall in that behalf . monday , february , 27. 1659. ordered by the parliament , that this order be forthwith printed and published . thomas st nicholas , clerk of the parliament . london , printed by john streater , and john macock , printers to the parliament ; 1659. the declaration agreed upon by the committee of the house of commons appointed to sit in the guildhall in london, to consider of the safety of the kingdom, and of the city of london, and of the preserving the priviledges of parliament master wilde, serjeant at law, sitting in the chaire of that committee, 6. jan. 1641 [i.e. 1642] england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a83664 of text r205371 in the english short title catalog (wing e2548). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83664 wing e2548 estc r205371 38875608 ocm 38875608 152258 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83664) transcribed from: (early english books online ; image set 152258) images scanned from microfilm: (early english books, 1641-1700 ; 2145:10, 2288:5) the declaration agreed upon by the committee of the house of commons appointed to sit in the guildhall in london, to consider of the safety of the kingdom, and of the city of london, and of the preserving the priviledges of parliament master wilde, serjeant at law, sitting in the chaire of that committee, 6. jan. 1641 [i.e. 1642] england and wales. parliament. house of commons. 1 sheet ([1] p.) joseph hunscott, [london?] : [1642] "this is the true copy which was sent from the committee to joseph hunscott for to print." reproduction of original in: bodleian library. eng england and wales. -parliament. -house of commons -privileges and immunities. great britain -history -civil war, 1642-1649. broadsides -london (england) -17th century. a83664 r205371 (wing e2548). civilwar no the declaration agreed upon by the committee of the house of commons appointed to sit in the guildhall in london, to consider of the safety england and wales. parliament. house of commons 1642 760 1 0 0 0 0 0 13 c the rate of 13 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-11 tcp assigned for keying and markup 2007-11 apex covantage keyed and coded from proquest page images 2007-12 john pas sampled and proofread 2007-12 john pas text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the declaration agreed upon by the committee of the house of commons appointed to sit in the guildhall in london , to consider of the safety of the kingdom , and of the city of london . and of the preserving the priviledges of parliament . master wilde serjeant at law , sitting in the chaire of that committee . 6. jan. 1641. whereas the chambers ▪ studies , and truncks of m. hollis , sir arthur haslerige , m. pym , m. hampden , and m. strode , members of the house of commons , upon munday the 3. of this instant january , by colour of his majesties warrant have been sealed up by sir william kilegrey , and sir william flemen and others ; which is not only against the priviledge of parliament , but the common liberty of every subject : which said members afterwards , the same day were under the like colour , by serjeant frances , one of his majesties serjeants at arms , contrary to all former presidents and priviledges of parliaments demanded of the speaker , sitting in the house of commons to be delivered unto him , that he might arrest them of high treason : and whereas afterwards the next day his majesty in his royall person came to the said house attended with a great multitude of men armed in warlike manner , with halberts , swords , and pistolls , who came up to the very door of the house , and placed themselves there , and in other places and passages neer to the said house , to the great terrour and disturbance of the members thereof , then sitting , and according to their dutie , in a peaceable and orderly manner , treating of the great affairs of england and ireland : and his majesty having placed himself in the speakers chair , demanded of them the persons of the said members to be delivered unto him , which is a high breach of the rights and priviledges of parliament , and inconsistent with the liberties , and freedom thereof . and whereas afterwards his majesty did issue forth severall warrants to divers officers , under his own hand , for the apprehension of the persons of the said members , which by law he cannot do , there being not all this time , any legall charge or accusation , or due processes of law issued against them , nor any pretence of charge made known to that house ; all which are against the fundamentall liberties of the subject , and the rights of parliament . whereupon we are necessitated , according to our duty , to declare , that if any person shall arrest m. hollis , sir arthur haslerige , m. pym , m. hampden , and m. strode , or any of them , or any other member of parliament , by pretence or colour of any warrant issuing out from the king only , is guilty of the breach of the liberties of the subject , and of the priviledge of parliament , and a publike enemy to the common-wealth . and that the arresting of the said members , or any of them , or of any othér member of parliament , by any warrant whatsoever , without a legall proceeding against them , and without consent of that house , whereof such person is a member , is against the liberty of the subject , and a breach of priviledge of parliament ; and the person which shall arrest any of these persons , or any other member of the parliament , is declared a publike enemy of the common-wealth . notwithstanding all which we think fit further to declare , that we are so farre from any endeavour to protect any of our members , that shall be in due manner prosecuted according to the laws of the kingdom , and the rights and priviledges of parliament for treason , or any other misdemeanor , that none shall be more ready and willing then we our selves , to bring them to their speedy , and due tryall , being sensible that it equally imports us , as well to see justice done against them that are criminous , as to defend the just rights and liberties of the subjects , and parliament of england . this is the true copy which was sent from the committee , to joseph hunscott for to print . by the king. a proclamation for the adjournment of part of michaelmas terme. proclamations. 1643-10-05. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a32044 of text r213849 in the english short title catalog (wing c2597). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a32044 wing c2597 estc r213849 99826115 99826115 30507 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32044) transcribed from: (early english books online ; image set 30507) images scanned from microfilm: (early english books, 1641-1700 ; 1774:26) by the king. a proclamation for the adjournment of part of michaelmas terme. proclamations. 1643-10-05. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.) by leonard lichfield printer to the university, printed at oxford : [1643] "given at his majesties court at oxford, ths fifth day of october, in the nineteenth yeare of his majesties reigne". reproduction of the original in the bodleian library. eng england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a32044 r213849 (wing c2597). civilwar no by the king. a proclamation for the adjournment of part of michaelmas terme. england and wales. sovereign 1643 885 1 0 0 0 0 0 11 c the rate of 11 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2008-03 tcp assigned for keying and markup 2008-04 spi global keyed and coded from proquest page images 2008-05 mona logarbo sampled and proofread 2008-05 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion cr honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation for the adjournment of part of michaelmas terme . his majesty , to his great and unexpressible griefe , finding the rebellion of the city of london , and the distraction of the whole kingdome ( occasioned principally by that means ) to continue , whereby it will be extreamly inconvenient both for himselfe and to all his good subjects to make their repaire to the cities of london and westminster to the terme , to be held at westminster in such manner as it was wont for the whole terme , doth by this his royall proclamation order , appoynt and declare , that the court of chancery , and all proceedings in that court of what kinds or sorts soever , the receipt of the exchequer , and of the first fruits and tenths , and of the dutchy of cornwall , and the whole court of exchequer , ( except only the office of pleas in that court ) and the court of exchequer chamber , the court of the du●chy of lancaster , the court of wards and liveries , and the court of white-hall , or court of requests , shall be held and continued at his citty of oxford in the county of oxford , ( where his majesties residence now is , and for this winter season is like to be ) for and during the whole terme of st michaell now next ensuing . and that all the said courts not before excepted , and the said receipts , shall remain and continue , and be held at the said city of oxford , untill his majesty shall otherwise determine thereof and declare the same . and his majesty doth farther declare , that he doth resolve that the courts of kings-bench , and common-pleas , and the pleas between party and party in the office of pleas in the said court of exchequer , shall upon and from the first day of the first returne of michaelmas terme next , commonly called tres michaelis , be adjourned untill the fist returne of that terme commonly called octabis martini ; and that the said fist returne called octabis martini , and the sixth and last returne called quindena martini shall be held at the city of westminster in the usuall places where formerly they were held , and the residue of the said first returne of tres michaelis . the second returne of the said terme called mense michaelis , the third returne of the said terme , called crastino animarum , and the fourth returne called crastino martini , shall be wholly omitted , and all appearances at any of the said second , third , and fourth returnes to be at and on the said fist returne called octabis martini . all which his majesty signifieth to all and singular his officers and ministers of the said severall courts and receipts , and to all other his loving subjects of this his realme , to the intent that they and every of them who should performe any service there , or shall have any suit or other occasion to attend in any of the said courts of chancery , exchequer chamber , court of exchequer ( other then in the office of pleas there ) or the receipt of the exchequer , and first fruits and tenths , or dutchy of cornwall , or in the court of the dutchy of lancaster , court of wards and liveries , and court of requests , may take notice thereof , and give their attendances at the said city of oxford as aforesaid , and not elsewhere , & that such of them as have cause or command to appeare in any of the said courts or kings bench , or common-pleas , or court of exchequer in the office of pleas there , may also take notice thereof , & give their attendances accordingly , without danger of for forfeitur , penalty , or contempt to be incurred towards his majesty , or prejudice to themselves in that behalf . and his majesties pleasure is , that the essoynes for the said first returne tres michaelis shall be kept at the usuall times in the said courts of kings bench and common-pleas , and writs of adjournment shall be directed to the iustices of the said two courts of kings bench and common-pleas and barons of the exchequer respectively , willing and commanding all and every his majesties officers , ministers , and subjects to whom it doth or shall appertaine , to observe and keep their assemblies and appearances , with all their returnes and certificates , in his majesties said courts accordingly , and to give their severall and respective attendances , and to doe their respective offices and duties in every behalfe , as if they were particularly named , and as they will answer the contrary at their perills . given at his majesties court at oxford , this fifth day of october , in the nineteenth yeare of his majesties reigne . god save the king . printed at oxford by leonard lichfield printer to the university . the subjects joy for the parliament [by] iohn taylor. taylor, john, 1580-1653. 1621 approx. 7 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a13498 stc 23795.7 estc s3340 33143345 ocm 33143345 28399 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a13498) transcribed from: (early english books online ; image set 28399) images scanned from microfilm: (early english books, 1475-1640 ; 1885:20) the subjects joy for the parliament [by] iohn taylor. taylor, john, 1580-1653. 1 sheet ([1] p.) : ill., port. printed by edw. all-de for h.g. and are to be sold by edw. wright, [london] : [1621] date of publication from stc (2nd ed.). text enclosed in architectural border, with port. of king james i at head of text. imperfect: faded. reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament -poetry. broadsides -london (england) -17th century. 2000-00 tcp assigned for keying and markup 2001-09 apex covantage keyed and coded from proquest page images 2002-06 olivia bottum sampled and proofread 2002-06 olivia bottum text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion the subjects ioy , for the parliament . iacobvs rex . svch and so great , all mans corruption is in shunning good , and running to amisse : that the almighty , did long since ordaine lawes , that should our rebellious wils restraine . and from that parlament , of highest heauen a statute , and an ordinance was giuen , that from those lawes of the eternall king , all other lawes ( that gouerne men ) should spring . and as the sea in riuers , creekes and bayes , flowes , and disperses many seuerall wayes : so doth gods acts in many branches run , to shew vs what should be vndone , or done . for this cause did the power of heauen ordaine , that kings ( like gods ) on earth should rule and raigne : to iudge , to be a refuge , and defence with right , of too much wronged innocence . and for this cause , god doth a king command , that he his lawes should read * and vnderstand . and sure , of all the kingdomes that there are beneath the heauens , none may with vs compare : to vs th' almighty , graciously did grant freely his sacred gospell heere to plant , making great brittaine an admired mirror , ( when other nations blindly liue in error . ) for vs a matchles king , he out did picke , defendor of the faith apostolicke , who all his lawes and statutes doth encline , conformable vnto the lawes diuine . gods law in euery faithfull heart * is writ , and our kings gouernment doth witnes it . and now these eighteene yeares a blessed peace , hath made our sinnes ( more then our thankes ) increase , that breach of lawes , hath sowen neglected seedes , being almost growne vnprofitable weedes : our gracious king , these euils to preuent , assembled hath a royall parlament . the high creator , made this kingly creature his steward , by his office , name , and nature , and he doth guide and rule this happy land , as he is guided by th' almighties hand . and though a king hath honour and renowne , yet many cares attend vpon a crowne : and though a king a royall port doth keepe , yet doth he wake , when subject ; often sleepe . and had not our dread soueraigne , bin protected by the almighty , who hath him directed , wee could not haue enioyed such peace and rest , wherewith so many yeares wee haue bin blest . and as hee now hath caus'd a parlament , god still be present there , and president : let the kings heart as it hath done perseuer , that god may haue the glory , now and euer . ( like dauid ) let him not from goodnes start , but bee a man according to gods heart . let salomons great wisdome euer bee in him , that good from ill he may fore-see : let him with iosua's courage ( constantly ) the deuill , the world , and eke the flesh defie . and let him ( like to moses ) euer write , and ordaine lawes that may be iust and right . like faithfull hushaies * be his counsell still , to giue aduice according to thy will. guide thou the reuerend bishops , and the peeres , the iudges , and elected knights , of shires , and burgesses of townes within this land , doe thou ( o god ) amidst their counsell stand . let all their consultations , still depend to beate downe vice , and vertue to defend : thy gospell to increase and propagate , and for the good of common-wealth and state. the pride of haman , farre from them expell , confound the counsell of ahitophell : plucke heresies vp by the very roote , and tread proude antichrist quite vnder foote . banish 〈◊〉 , leaprous with base bribes , papisticke pharises , sophisticke scribes : and those that wholsome lawes can wrest and wring , for gaine 'gainst conscience , country , and their king. thus being guided by thy blessed spirit , they will accomplish statutes worthy merit : that after ages gladly may receiue the acts , and orders , which our times must leaue . let prince , and peeres , and people thus combine , the profit will bee ours , the glory thine : and as thy blessings hath bin multiplyde vpon our kingdome , let them still abide : let not our sinnes as a partition bee , or make vs be as castawayes to thee . let not our crimes thy indignation moue , whereby they may vs seperate from thy loue : but as thy fauours to vs haue bin such , as neuer any kingdome had so much , so let our thankfulnes to thee therefore , bee euery day expressed more and more . protect the king with thy almighty armes , saue him from forraine and domesticke harmes : at all times with thy heauenly grace relieue him , and after death a crowne of glory giue him . preserue for euermore , our gracious prince , and strength him , his and thy foes to conuince , the prince and princesse palatines high grace , with all the royall and the hopefull race : defend them against all that them oppose , and fight their battels still against their foes . grant that of this seed we may ne're want one , to magnifie thy name in britaines throne : vntill our sauiour , and thy onely sonne , shall come in iudgement , and the world be done . to whom with thee and with the holy ghost , bee rendred ( euery where from coast to coast ) all honour , glory , power , might , praise , thanks-giuing , to thee three persons , one god , euer-liuing . finis . iohn taylor printed by e all-de for h. g. and are to be solde by edw : wright . notes, typically marginal, from the original text notes for div a13498-e10 * deu. 17. 15 * heb. 8. 10. * 2 sam. 15. the lord maior of londons letter to the king at yorke, iune, 22. in behalfe of the aldermen sheriffes, the master and wardens of each severall company in answer to his maiesites letter. the parliaments resolution, concerning the kings most excellent maiestie, and the lords and commons which have absented themselues from the said houses, and are now at yorke attending on his maiesty. like wise the grounds and reasons why they are enforceed [sic] to take arms, with the severall reasons to prove that every man is bound to uphold the parliament against all opposers whatsoever. gurney, richard, sir, 1577-1647. this text is an enriched version of the tcp digital transcription a85788 of text r210847 in the english short title catalog (thomason 669.f.5[49]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a85788 wing g2261 thomason 669.f.5[49] estc r210847 99869602 99869602 160762 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a85788) transcribed from: (early english books online ; image set 160762) images scanned from microfilm: (thomason tracts ; 245:669f5[49]) the lord maior of londons letter to the king at yorke, iune, 22. in behalfe of the aldermen sheriffes, the master and wardens of each severall company in answer to his maiesites letter. the parliaments resolution, concerning the kings most excellent maiestie, and the lords and commons which have absented themselues from the said houses, and are now at yorke attending on his maiesty. like wise the grounds and reasons why they are enforceed [sic] to take arms, with the severall reasons to prove that every man is bound to uphold the parliament against all opposers whatsoever. gurney, richard, sir, 1577-1647. charles i, king of england, 1600-1649. england and wales. parliament. 1 sheet ([1] p.) s.n., [london : 1642] place and date of publication from wing. "ordered by the lords and commons that this be printed and published. ic. bro. cler. par. hen. elsing cler. parl." reproduction of the original in the british library. eng charles -i, -king of england, 1600-1649 -early works to 1800. england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a85788 r210847 (thomason 669.f.5[49]). civilwar no the lord maior of londons letter to the king at yorke, iune, 22. in behalfe of the aldermen sheriffes, the master and wardens of each severa gurney, richard, sir 1642 1050 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-11 aptara keyed and coded from proquest page images 2007-12 mona logarbo sampled and proofread 2007-12 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the lord maior of londons letter to the king at yorke , iune , 22. in behalfe of the aldermen sheriffes , the masters and wardens of each severall company in answer to his maiesties letter . the parliaments resolution , concerning the kings most excellent maiestie , and the lords and commons which have absented themselues from the said houses , and are now at yorke attending on his maiesty . like wise the grounds and reasons why they are enforced to take arms , with the severall reasons to prove that every man is bound to uphold the parliament against all opposers whatsoever . ordered by the lords and commons that this be printed and published . ic. bro. cler. par . hen. elsing cler. parl. as no greater fidility can be presented to me , then a loyall obedience to your maiesties command , so no greater unhappinesse can befall me , then in conceiving my solicitous indeavours to imbecill and invailid , and not able to incline to myaffections ; for my condiscentious mind is so dubiously ballanced , depending on a double authority , that it is an unexpressible difficulty to my thoughts , how to weigh my resolution with an unquestionable action . if i should not obey your maiesties command in an equitable cause , i might meritoriously bee suspended from that place of honour conferred on mee , undeserving to be your maiesties subiect , muchlesse your personable servant , and liable to your maiesties displeasure and indignation ; yet if i should obey your maiesties command without consent of parliament , i should bee neverthelesse liable to the censure of parliament , so that in various and severall commands a conformity of obedience is very difficult . whereas your maiesty hath received true information of great sums of money endeavoured to be borrowed of your city of london , by directions proceeding from both houses of parliament , with additionall perswasions to your good subiects for the raising of horse and furnishing your parliament with necessary moneyes , ( i your maiesties faithfull subiect ) doe conceive , and dare asseverate , that it is intended upon no other pretence then for the honour and defence of your maiesty , together with both houses of parliament , and for the vniversal security of your kingdomes . and since your maiesties manifold protestations taken in the presence of almighty god , and by your severall oathes taken by the faith of a prince , are ample testimonies of your maiesties iust desires for the publike peace , and sufficient manifestations , of your reall intentions , not to levie war against your parliament , i cannot entertaine such a sinister conceit in my thoughts , that your maiestie will violate those severall oathes by raising any forces , which consequently would ruinate the prosperitie of your maiesties kingdome by a civill discord and i am so confident on the other side , that whatsoever moneys shall be collected , or forces levied by your parliament , they will not derogate any thing from your maiesties prerogative , but to the preservation of the publike peace , and the advancement both of your maiisties honour , and your kingdomes happinesse . so that whatsover mony , plate , horse , arms shall be contributed by your maiesties willing and leyall , subiects of the city of london , being disposed by the prudent dispensation of your parliament , chiefly to maintaine the protestant religion , your maiestis authority , and person in royall dignity the free course of iustice , the lawes of the land , the peace of the kingdome , and priviledge of parliament , and partly to the necessary use of ireland ; as also the payment of the scottish subiects . i hope your maiesty will take it as an acceptable service at their hands , and not looke upon it as the raising forces against your maiesty , or to be done either in malice , or contempt of your , or of your authority . thus i , and the severall companies having herein punctually , observed the direction of both houses of parliament , nothing contradictory to your maiesties commands , we hope your maiesty shall have no cause to proceed against the severall companies , in obeying the trust reposed in them both by your maiestys authority , and by both houses of parliament : or against any particular persons , either as contemners or opposers of your maiesties commands and authoritys , or her law of the land ; doing nothing , but what your parliament wisdome , truth , and equitie have prescribed unto them , as well for the intended safetie of your maiestees person , as the securitie of the kingdom . and that your maiestie shall hereby have no iust occasion to be compelled to question the charter of this your city , which as your maiestie is yet willing to believe , so you may be confident both in a high and low degree will continue loyall to your maiesties sacred person , and authoritie . these ample testimonies of my loyaltie ( sir ) i hope will give your maiestie a satisfactorie contentation , since your maiesties commands are iusty presormed , and obeyed by your maiesties faithfull humble and loyall subject and servant . e. g the reason why the subject is bound to obey the command of the parliament , voted , that if in case of necessity , his majesty shall deny his assent , the ordinance agreed on by both houses of parliament , doth oblige the people , and ought to bee obeyed , being warranted by the fundamentall laws of the kingdome , both houses of parliament hath took into their serious consideration the occasion and reason why the members of the said houses should absent themselves upon their summoning in wherupon they hath drawn up a charge against them , and are resolv'd that they shall pay 100. l a man , and to be examined by the committee before the next fitting . ordered by the lords and commons in parliament , that this be printed and published . the lord andevers two speeches the one concerning the pacification the 6th of march, the other the starre-chamber. berkshire, charles howard, earl of, ca. 1615-1679. this text is an enriched version of the tcp digital transcription a27469 of text r5616 in the english short title catalog (wing b1979). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 8 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a27469 wing b1979 estc r5616 13085123 ocm 13085123 97296 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a27469) transcribed from: (early english books online ; image set 97296) images scanned from microfilm: (early english books, 1641-1700 ; 408:9) the lord andevers two speeches the one concerning the pacification the 6th of march, the other the starre-chamber. berkshire, charles howard, earl of, ca. 1615-1679. [2], 5 p. s.n.], [london : 1641. place of publication from wing. reproduction of original in huntington library. eng england and wales. -court of star chamber. great britain -history -charles i, 1625-1649. a27469 r5616 (wing b1979). civilwar no the lord andevers two speeches: the one concerning the pacification the 6th. of march. the other the starre-chamber. berkshire, charles howard, earl of 1641 1271 2 0 0 0 0 0 16 c the rate of 16 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2006-04 tcp assigned for keying and markup 2006-04 aptara keyed and coded from proquest page images 2006-06 mona logarbo sampled and proofread 2006-06 mona logarbo text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion the lord andevers two speeches . the one concerning the pacification the 6th . of march . the other the starre-chamber . printed , anno dom. 1641. the lord andevers speech the 6. of march . 1641. my lords , i did lately move your lordships that the breach of the pacification might be speedily reviewed as the unum necessarium ; and truly my opinion at that time is yet nothing altered , although upon better thoughts ( me thinkes ) it would first be known who did actually engage us in these fruitlesse dissensions , and so derive the mischiefe from some originall . for my lords , the kingdome cannot now long stand at gaze or undergoe new burthens . wherefore what is to be done ( if you intend it should prosper ) must presently receive life from the whole people , otherwise wee shall expire in a dreame ; and when the successe differs from expectation , it is not enough to cry , quod non putaram . my lords , the wise-man saies , there is a proper season for all things under the sun , and we often find the experiment in naturall bodies , which are voluntarily weakened , to recover strength , yet with a restriction to such bounds , and limits , as the physitian prescribes himselfe , and truly , i thinke it is your lordships case at this point , either to consider what should further be done then is already , or else how to get out of those labyrinths we now are in , lest the words of the psalmist come home to our selves vendidisti populum sine pretio . my lords , i am confident the house of commons doth throughly see ▪ both into the prejudice , & vast expence that these 2. armies lay upon the land , and undoubtedly so many . gentlemen of worth , as sit there , will have tender eyes upon the common-weale . it will therefore become your lordships to second them in your way , and whilst they apply to publique wounds ; the care of this house may search the intestines , for if they be not clensed , it will be but a superficiall cure , and breake out againe . my lords , it seemes the earle of strafford , and the archbishop of cant. have gone the high wayes of iniquity , and every one knowes how to trace them , but mines under ground are most considerable , which ( unlesse they be likewise found out ) may at any time spring and supprant the whole fabrick of all our labours . let us then examine this fantastick warre ab initio ; lest , as the duke of burgundy made a few sheepskins ye cause of his quarrell , so we shall find those few sheets of paper , sent under the name of a liturgy , and booke of canons , were but the mopsas of the story to divert our eyes from the maine designe . therfore my humble motion shall be for a selected committee of no great number , who may have power from the house to begin ab origine mali , revise every mans negotiations , who was either an actor or counsellor since the first appearance of those troubles in scotland , and that they may examine the scottish counsell upon such articles , as the heavy pressure of this kingdome shall upon common fame administer unto them . finis . the lord andevers speech concerning the starre-chamber . my lords , since your lordships have already looked so farre into the priviledges of peeres , as to make a strict inquisition upon forraine honours , let us not destroy that amongst our selves , which we desire to preserve from strangers . and if this grievance i shall move againe have slept till now , it is very considerable , lest custome make it every day more apparent then other . your lordships very well know there was a statute framed the 30. h. 7. authorising the chancellour , treasurer , privy seale , and the 2. chiefe iustices , calling to them one bishop , and a temporall lord of the kings counsell to receive complaints upon bill or information , and cite such parties to appeare as stand accused of any misdemeanors , and this was the infancie of the starchamber . but afterwards cardinall wolsey . 8. hen. 8. raised it to mans estate , from whence ( being now altogether unlimited ) 't is growne a monster , and will hourely produce worse effects , unlesse it be reduced by that hand which layd the foundation , for the statures that are ratified by parliament admit of no other remedy then an appeale . therefore i humbly offer unto your lordships these ensning seasons why it should be repealed , first that the very words of the . stature cleerely shew it was a needlesse in●●itution , for it sayes , they who are to judge can proceed with no delinquent , otherwise the if he were convict of the same crime by due processe of law , and doe your lordships hold this a rationall court that sends us to the law and calls us backe from it againe ? secondly , divers judicatories confound one another , & in pessima republica plurimae leges , this 2. reason is from circumstance , or rather a consuitudine , and of this there are many examples , both domestike and forreigne , but more particularly by the parliaments of france abbreviated into a standing committee by philip the long , and continued according to his intention untill lewis the 11. came unto the crownewho being a subtill prince burned the volume in , the epitome , for to this day when ever the 3. estates are called , either at the death of the old king , or to crowne the new , it is a common proverbe , allons voire gen des estates . my lords , arbitrary judgments destroy the cōmon lawes , and in the 2. great charters of the kingdome , which being once lost , we have nothing else left but the name of libertie . the last reason is ( though it was the first cause of my standing up ) the great eclipse that it hath ever beene to the whole nobility , for who are so frequently vexed there as peeres and noblemen , and notwithstanding their appeale to this assembly is ever good , whilest the famous law of 4. ed. 3. remaines in force for the holding of a parliament once a yeare , or more often , if occasion require , yet who durst a yeare agoe mention such a statute without incurring the danger of mr. kilverts prosecution ? therefore shall humbly move your lordships , that a select committes of a few may be named to consider of the act of parliament it selfe , and if they shall thinke it of as great prejudice as doe , that then the house of commons in the usuall manner may be made acquainted with it either by bill or conference , who may happily also thinke it a burthen to the subject , and so when the whole body of parliament shall joyne in one supplication , i am confident his majestie vvill desire that nothing should remaine in force vvhich his people doe not vvillingly obey . fjnis . his maiesties message to both houses of parliament, upon his removall to the city of york. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a78904 of text r229061 in the english short title catalog (wing c2471a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a78904 wing c2471a estc r229061 45097620 ocm 45097620 171227 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78904) transcribed from: (early english books online ; image set 171227) images scanned from microfilm: (early english books, 1641-1700 ; 2568:18) his maiesties message to both houses of parliament, upon his removall to the city of york. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. england and wales. parliament. 1 sheet ([1] p.). imprinted at york by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill., [york] : 1642. reproduction of original in the william andrews clark memorial library. eng england and wales. -parliament. great britain -history -charles i, 1625-1649. great britain -politics and government -1625-1649. ireland -history -rebellion of 1641. broadsides -england -17th century. a78904 r229061 (wing c2471a). civilwar no huntington 15. martii. 1641. his majesties message to both houses of parliament, upon his removall to the city of york. england and wales. sovereign 1642 611 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-04 spi global keyed and coded from proquest page images 2008-05 mona logarbo sampled and proofread 2008-05 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms huntington 15. martii . 1641. ❧ his majesties message to both houses of parliament , upon his removall to the city of york . his majestie being now in his remove to his city of york , where he intends to make his residence for some time , thinks fit to send this message to both houses of parliament . that he doth very earnestly desire , that they will use all possible industry in expediting the businesse of ireland , in which they shall finde so cheerfull a concurrence by his majestie , that no inconvenience shall happen to that service by his absence , he having all that passion for the reducing of that kingdom , which he hath expressed in his former messages , and being unable by words to manifest more affection to it , then he hath indeavoured to do by those messages ( having likewise done all such acts as he hath been moved unto by his parliament ) therefore if the misfortunes and calamities of his poor protestant subjects there shall grow upon them ( though his majestie shall be deeply concerned in , and sensible of their sufferings ) he shall wash his hands before all the world , from the least imputation of slacknesse in that most necessary and pious work . and that his majestie may leave no way unattempted , which may beget a good understanding between him and his parliament , he thinks it necessary to declare , that as he hath been so tender of the priviledges of parliament , that he hath been ready and forward to retract any act of his own , which he hath been informed hath trencht upon their priviledges , so he expects an equall tendernesse in them of his majesties known and unquestionable priviledges ( which are the priviledges of the kingdom ) amongst which , he is assured it is a fundamentall one , that his subjects cannot be obliged to obey any act , order , or injunction , to which his majestie hath not given his consent : and therefore he thinks it necessary to publish , that he expects , and hereby requires obedience from all his loving subjects , to the laws established , and that they presume not upon any pretence of order , or ordinance ( to which his majestie is no partie ) concerning the militia or any other thing , to do or execute what is not warranted by those laws , his maiestie being resolved to keep the laws himself , and to require obedience to them from all his subiects . and his maiestie once more recommends to his parliament the substance of his message of the twentieth of january last , that they compose and digest , with all speed , such acts as they shall think fit , for the present and future establishment of their priviledges ; the free and quiet enioying their estates and fortunes ; the liberties of their persons ; the security of the true religion now professed in the church of england ; the maintaining his maiesties regall and iust authority , and setling his revenue ; his maiestie being most desirous to take all fitting and iust wayes , which may beget a happy understanding between him and his parliament , in which he conceives his greatest power and riches doth consist . ¶ imprinted at york by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . 1642. obsequium et veritas, or, a dialogue between london and southwark, concerning the sitting and dissolutuion of the last parliament at oxford, march 21st, 1681 in a dialogue betwixt a shoo-maker, and a taylor. hearn, r. 1681 approx. 10 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a43198 wing h1308 estc r12302 13016587 ocm 13016587 96560 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43198) transcribed from: (early english books online ; image set 96560) images scanned from microfilm: (early english books, 1641-1700 ; 741:26) obsequium et veritas, or, a dialogue between london and southwark, concerning the sitting and dissolutuion of the last parliament at oxford, march 21st, 1681 in a dialogue betwixt a shoo-maker, and a taylor. hearn, r. 1 sheet (2 p.) printed for the author, london : 1681. broadside. signed: r. hearn. caption title. in double columns. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. broadsides -england -london -17th century 2008-08 tcp assigned for keying and markup 2008-09 spi global keyed and coded from proquest page images 2008-12 mona logarbo sampled and proofread 2008-12 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion obsequium & veritas : or a dialogue between london and southwark , concerning the sitting and dissolution of the last parliament at oxford , march 21st . 1681. in a dialogue betwixt a shoo-maker , and a taylor . shoom. good morrow , jack ! how stands the case of your affairs at your end of the town ! taylor . stand ! believe me , we are like to have a blessed parliament ; and we don't doubt , but we shall have hopeful resolutions , and a brave result of all their consultations . shoom. well ; but let us not stand here , let affairs stand how they will ; let us take one cup of good ale together , and discourse it further . let us step here into the kings-head , here 's a glass of good liquor . tay. come , allons donc . — shoom. well ; we were talking of hopeful resolutions ; and a successful issue to all the consultations of the parliament . this , you say , the city hop's for , nay doubts not of . tay. yes , indeed ; for to shew you how great an e●eem , and sublime regard we have for our parliament , we have had the major part of the city , all true protestants , and good patriots ; who offered their services to , and accordingly did accompany our sheriffs and members of the parliament to oxford . shoom. s'death ! that 's an unwonted ceremony , and it smells plaguy rank of rebellion . bless me ! what were you affraid of , that made you enter upon such a tumultuous complement ? i heard indeed you were all richly equipt , and made a most glorious show , i was then in the country , and so , did not understand it . tay. why not understand it ? had we not a great deal of reason , to secure the safety of those worthy persons , who were to deliver us out of the fears , distractions and disorders , which the cursed popish plot , and the succession of a popish prince , by which would follow the subversion of our religion , laws , and liberties , and consequently the yoke of popish servitude , did put us into : shoom. i faith ; you are brave fellows ! you talk of the safety of his majesties person , and how great loyalty and zeal tends to it ; but for ought i see , the subject is prefer'd before the prince ; the king is not at all intimidated , though in the midst of the most implacable enemies , but he can & did venture his journey to oxford , attended with not twenty of his guards , when mr. parliament man has forsooth about three or four hundred for his suit ! well , but what newes have you from oxford , what , are we like to have a longer session than they had last ? tay. they are dissolv'd ! shoom. dissolv'd ? s'death , when ? tay. on munday last , being on the 28th . of march. shoom. really , i 'me glad of it . indeed , i heard how their procedings were , and what measurs they took in their votes . i thought the kings speech would have had that influence upon them , that they would have regulated their actions according to that rule , which his majesty told them , should be ever his , viz. the law of which , they , with the king were the fathers ; and not have pretended to make themselves a particular ( nay , supream ) court of judicature , in cases of treason ; that no person impeached of treason by the commons of england in parliament , and stands so impeached , could be tryed by any other inferior court , without a high breach of the priviledge of parliaments . good god! i find then the king and the lords , are but cyphers ; and what the king has declared ought to be , must not be done , because the commons will not have it so . so that , they who make so great an out-cry against arbitrary proceedings , make themselves the great favorers of it . what , i pray , was the cause of this ? and who the plague was it , they stickled about then ? tay. fitz. harris ; would the devil had him , e're we had been troubled with him , and his depositions too , with a pox to ' em . — but i 'll tell thee , there 's somewhat else , that was the more immediate reason of their dissolution ; 't was , concerning a business of the — shoom. ay , ay , of the devil , i think ; you citizens , if you cannot hear of the true genuine reasons , forsooth , you 'll make them ; and shall pass authentick too , as if you had been intimately acquainted with the kings cabinet , or had known his resolutions before he thought upon them . faith , i 'll tell thee plainly ; would but you ( sir formals ) learn this old maxime , that sua quemque alit ars , which perhaps is too much latin for a third part of our mechanick news-mongers ; who make it the greatest part of their business to run from the coffee-house to the ale-house , and thence to the tavern ; and so buzzing about , till they lose their sense , as well as reason ; i say , would every man but mind his own private affairs , erect a tribunal in his own closet , and let his domestick oeconomy be his greatest study , we should have the publick peace less disturbed , and the government less obnoxious to censure and contempt . 't has never been good times , since every cobler and porter pretend to understand state-policy , and every finical mechanick , and proud tradesman , to be verse't and knowing in the arcana's of the privy-councel . introth , jack , my name 's veritas ; and i must speak like myself ; i case not for popular applause , nor will i suffer hypocrisie vaile my nakedness ; though i have , what i must always expect , an odium , or hatred : for my part i am a good honest southwark borough , and i thank god , we love our king , and our country ; and our publick peace , utility , and order ; and , as we said in our addresses to our elected burgesses ; though we did not like your accompanying to oxford , them in such pomp and splendor ; yet we assured them , we were as ready to stand by them , in the discharge of the trust we reposed in them , as the best life-and fortune-men of them all . shoom. but prethee jack , are they all returned home yet from oxford ? tay. yes , a great part of them ; but they are not all come yet . shoom. ha , ha , ha ! faith i can't choose but laugh , to see how silly and sneaking they lookt , with their heads hanging downwards , and their hats flapping about their ears , their hopes frustrated , and their designs infatuated ; when in their setting out , they appeared brisk and airy , and their equipage shewed them like men designed for a camp , rather than an assembly of peace . tay. well , well , come , talk no more of it : quod factumest , infectum fieri nequit , prethee hold thy tongue . shoom. hold my tongue , i gad , it would make a stone speak , to see how hot brain'd men are ; and forsooth , to make their designs more plausible , a needless fear of the subversion of the government , the protestant religion , and the liberties of the subjects , must still be the specious pretence for all their unwarrantable and unlawful practices , and every half wited scoundrel , must pretend to censure the management of those at the helm . a fine age i' faith ! come , come , jack , be of my mind ; bene vixit , qui bene latuit : let us keep at home with our wives , and leave frequenting the news-mongers ; and let us administer what we can to publick utility and peace . tay. i' faith , thou sayest very well ? come , here 's a health to thee , which i am confident thou wilt pledge ; god bless king charles , and send us all peace and tranquillity , now , and at the hour of death . shoom. come , with all my soul , and hang up all the roundheads , as the oxford blades said , and let every true englsh-man , loyal heart , and honest protestant , say , amen , by r. hearn . london , printed for the author in the year , 1681. by the king, a proclamation requiring all officers or souldiers that served under the armies of the late usurped powers and have been disbanded, cashiered or turned out, to depart the cities of london and westminster before the fourth of december next england and wales. sovereign (1660-1685 : charles ii) 1661 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a32624 wing c3558 estc r35960 15583757 ocm 15583757 103930 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32624) transcribed from: (early english books online ; image set 103930) images scanned from microfilm: (early english books, 1641-1700 ; 1588:115) by the king, a proclamation requiring all officers or souldiers that served under the armies of the late usurped powers and have been disbanded, cashiered or turned out, to depart the cities of london and westminster before the fourth of december next england and wales. sovereign (1660-1685 : charles ii) charles ii, king of england, 1630-1685. 1 broadside. printed by roger norton, london : 1661. "given at our court at whitehall, the twenty eighth day of november, 1661, in the thirteenth year of our reign." reproduction of the original in the harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -army -history. great britain -history -charles ii, 1660-1685. 2008-07 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ❧ a proclamation , requiring all officers or souldiers that served under the armies of the late usurped powers , and have been disbanded , cashiered or turned out , to depart the cities of london and westminster before the fourth of december next . charles r. whereas we have been informed that divers of the late disbanded officers , and souldiers , and several other persons heretofore cashiered and turned out of the late army ( many whereof being persons of desperate fortunes and designs ) do now remain in and about our cities of london and westminster , and have their dayly meetings , and are frequently plotting and contriving wicked designs and practises against our royal person , and the peace and government of this our kingdom . we taking the same into our serious consideration , and for preventing the evil consequences thereof , have thought fit , upon the humble desire of our two houses of parliament , to publish and declare , and do hereby publish and declare our will and pleasure to be , that all and every person and persons being heretofore an officer or souldier , serving in any of the armies of the late usurped powers , and have been disbanded , cashiered , or turned out of any of the said armies ( who are not under imprisonment , or other legal restraint , or have not their constant habitations and families within our cities of london and westminster , or the suburbs thereof , or who shall not procure or obtain a licence from us , or any three or more of our privy councel in this behalf ) do on or before the fourth of december next , depart out of the said cities of london and westminster , and the liberties and suburbs thereof . and we do hereby charge and require them and every of them to depart accordingly , and not to return again , or come within twenty miles of the same our cities of london and westminster , or either of them , from this time until after the twenty fourth day of june next ensuing . and that they , or any of them , do not , or shall not , in the mean time , wear , use , carry , or ride with any sword , pistol , or other arms or weapons : and herein we do and shall expect , from all persons concerned , a due and punctual submission and conformity at their perils , and upon pain of our high displeasure . willing and hereby commanding the lieutenants , deputy-lieutenants , and other our officers and ministers , of and in the several counties , cities and places of this our kingdom , to apprehend and seize the persons , and take away the arms and weapons of all such as shall be found faulty , or offenders , in , or contrary to the purport true intent and meaning of this our royal proclamation , and them to bring before the lords of our privy councel , to be further proceeded against for their contempts , according to justice . given at our court at whitehall the twenty eighth day of november , 1661. in the thirteenth year of our reign . god save the king . london , printed by roger norton , one of the printers to the king' 's most excellent majesty , 1661. friday 22 of july, 1659. resolved by the parliament, that the members of parliament, who have had letters to attend the service of the parliament ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a83451 of text r211228 in the english short title catalog (wing e2258a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83451 wing e2258a estc r211228 45097731 ocm 45097731 171325 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83451) transcribed from: (early english books online ; image set 171325) images scanned from microfilm: (early english books, 1641-1700 ; 2571:39) friday 22 of july, 1659. resolved by the parliament, that the members of parliament, who have had letters to attend the service of the parliament ... england and wales. parliament. 1 sheet ([1] p.). printed by john field, printer to the parliament. and are to be sold at the seven stars in fleetstreet, over against dunstans church, london, : 1659. title from caption and first words of text. imperfect: creased with some loss of print. reproduction of original in the henry e. huntington library. eng england and wales. -parliament. great britain -politics and government -1649-1660. broadsides -england -17th century. a83451 r211228 (wing e2258a). civilwar no friday 22 of july, 1659. resolved by the parliament, that the members of parliament, who have had letters to attend the service of the parli england and wales. parliament 1659 195 1 0 0 0 0 0 51 d the rate of 51 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 emma (leeson) huber sampled and proofread 2007-11 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag (1649-1651) friday 22 of july , 1659. resolved by the parliament , that the members of parliament , who have had letters to attend the service of the parliament , or have actually attended since the seventh of may , one thousand six hundred fifty nine , be hereby enjoyned to give their attendance in parliament every morning at eight of the clock , for fourteen days . resolved by the parliament ▪ that the members of parliament , who have had letters to attend the service of the parliament , or have actually attended since the seventh of may , one thousand six hundred fifty nine , as are absent , ( except such as are imployed upon special service by order of the parliament ) be hereby enjoyned to attend this house on , or before this day fortnight . ordered by the parliament , that these votes be forthwith printed and published . tho. st nicholas clerk of the parliament . london , printed by john field , printer to the parliament . and are to be sold at the seven stars in fleetstreet , over against dunstans church , 1659. a seasonable speech made by alderman atkins in the rump-parliament atkins, thomas, sir. 1660 approx. 10 kb of xml-encoded text transcribed from 3 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a26130 wing a4124e estc r28311 10521905 ocm 10521905 45187 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a26130) transcribed from: (early english books online ; image set 45187) images scanned from microfilm: (early english books, 1641-1700 ; 1394:19) a seasonable speech made by alderman atkins in the rump-parliament atkins, thomas, sir. 4 p. s.n., [london : 1660] caption title. imprint information from nuc pre-1956 imprints. reproduction of original in the harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament -anecdotes great britain -history -commonwealth and protectorate, 1649-1660 -anecdotes 2006-03 tcp assigned for keying and markup 2006-05 spi global keyed and coded from proquest page images 2006-09 judith siefring sampled and proofread 2006-09 judith siefring text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion a seasonable speech made by alderman atkins , in the rump-parliament , mr. speaker , after so many dispensations and out-goings of providence , we are now the third time returned to sit in this honourable house again ; but how long we shall do so , i believe the wisest of us all cannot tell : for the souldiers have of late set up governments , as boys do nine-pins , to throw them down again : but how oft soever they turn us out hereafter , i shall never doubt to get in again ; for i perceive those changes and revolutions ( as they call them ) are just like casting of knaves at cards , where some play , and some sit out until the set be up , or the gamesters fall , out and throw up their cards , and then they stand fair to get in again . but notwithstanding so many interruptions and disturbances , many mighty and great works have been carried on by us worms and no men. you , sir , have a new wainscot chair , and our seats , that were but covered with mats , when we came first to sit here , are now lin'd with good broad-cloth of 16 s. a yard , and the whole house is hang'd in a better manner then any man expected . but this is not all that we have done , for we have reformed religion , and brought the church as nigh to what it was in the primitive times among jews and pagans , as may be ; for the christians have sold all they have long since , and laid it at our feet , and we begin once more to have all things in common . beside , sir , we have done strange justice on the late tyrant , and transform'd the kingdom into a commonwealth , as nebuchadnezzar was into a beast . but there is one thing that we have omitted , no less necessary then any thing that we have done , and which indeed the people have much more reason to expect from us ; for reformation , as well as charity , should begin at home : to hold forth my meaning in brief to you , sir , it is the cleansing of our own house of office ; and if that name be not mannerly enough for this place , it is in your power to help it : for there is a spare name that hath been lately conferr'd on this honourable house by the people , which was once called the house of parliament , as it is now the rump . this name , in my opinion , we cannot better dispose of , then in conferring it on the house i spoke of , that not only that , but all other houses of the same quality ( of which ours is the representative ) may in the right thereof hereafter be call'd a rump , as being a name more proper and significant , in regard of the relation it hath to that part . and truly , sir , i believe , the wisdom and justice of this house can do no less , if you please but to consider the near and intimate correspondence that house has ever held with this , as having ever been entrusted with the most urgent and weighty matters that we ever carried on , and so necessary , that i may boldly say , without that recourse which we have had to it in our greatest extremities , this house might have suffered for it many a time and oft . it is now , sir , as full , as this honourable house was once of members , and as unuseful , until we take some course to empty it , as we did this , which , i humbly conceive , we can by no means avoid : for , under favour , i do not think we can use this house , as we did the house of lords ; i mean , vote it down , when it will serve our turn no longer ; no , this is a matter of a higher nature , and more weighty concernment ; and as the difference is very great in reason of state , so is it also in point of conscience . for though it is true , we engaged and swore to maintain the house of lords , yet we did it not after a right manner : for we read , it was a custom among the jews , when they made any solemn vow , to put their hands under one anothers hams ; and if we had done so when we swore that , and kiss'd the book , i grant , we had been bound in conscience to have upheld it longer than we did , i mean , longer than we had need of it : but we , quite contrary , held up our hands , and so are not bound to keep it otherwise than we took it , that is , hand over head ; for unless we differ'd from the jews in other matters more than we do , i know no reason why we should in this — but now i speak of the jews , give me leave , by observing one passage in their history , to hold forth unto you the danger of suppressing the aforesaid house . saul , for want of such a convenience , going into a cave where david had hid himself , had like to have lost his life ; for if david had been one of us , i know what had become of saul , he would rather have cut off his head than a piece of his coat , as i wonder he did not , since , being a prophet , he might have made scripture of purpose to have prov'd him a tyrant and a traitor , as we did law to condemn the late king after he was put to death . but though david were wiser than his teachers , he was not so wise as we were ; 't is true , for his own advantage , he knew how to make the silly philistims believe he was mad ; but i am mistaken if we have not out-done him that way too , and made the wisest think us so . but to return to the purpose . suppose , sir , the army should have occasion to give this honourable house a purge again , you would be loth it should work here ; and truly i do not know what other way you have to avoid it , unless we should make use of that place where the assembly of divines lately sate ; which for my part , i like very well , if it were nearer ; and certainly they have no reason to take it ill ; for it is according to the example of the best reformed churches . and i know no reason why we may not as well sit there , and make sour faces at our own charges , as they did at the charge of the commonwealth . for mine own part , ( did not the common good provoke me to it ) i have as little reason to speak as another , and perhaps less ; for my breeches are made close at the knees , and so better fitted against a mischance . beside , i know the worst of it , for i believe you have often heard what i have suffer'd in the service of my country . but let that pass , though it were the worse for my reputation , and my breeches , it was the better for my body , and my soul too , for i have edify'd much by it . 't is true , the boys hold their noses , and cry fogh , when they see me in the streets ; but , what of that ? a wise man knows how to make an advantage of the greatest disasters , and so have i done . for there was a time ( mr. speaker ) when this honourable house had like to have been a foul-house ; and when was that ? truly it was when the prentices came hither , to shew us one trick more than ever we taught them : then did i take this worshipful chain off my neck , and very politickly put it in my codpiece ; for i know well enough , that no body in this town , where i am so well known , would venture to look for it there ; and i was not mistaken , for here you see i have it still . the same thing i did at another time , and that was , when ( as you may well remember ) a piece of plaister falling from the roof , some of the members cried , treason , and many made haste to get out of the house as fast as they could ; so did not i , no , sir , i resolved to stay by it ; and therefore ( having put my chain in my codpiece ) i crept under the bench in this very place where i now sit , and there i lay close , until i heard some that were near me say , they smell'd gun-powder ; but then i knew it was a mistake , and so it prov'd indeed : but if it had been otherwise , no danger should have made me forsake my duty . no , sir , i have been so faithful to this house , and so constant to my principles , that i have not changed so much as my seat since the happy beginning of this parliament . in this very place did i then sit ; on both sides of me sate two members , that afterwards prov'd malignants ; for they took snuff at something that fell from me in my zeal to the cause , and ran to oxford to the king ; their estates are long since sold , for which the commonwealth may thank me : for verily , sir , i have not been altogether an unprofitable member , according to my talent , and the dispensation of what was in me ; for my bowels have been often pour'd out for the prosperity of this house ; and , i hope , my conversation hath held forth so much of the inward man , as may be sufficient to satisfie the well affected , by whom i am entrusted . and as for my back-biters , i forgive them freely ; alas , they hurt themselves , and not me ; for if they get any thing by dealing with me that way , they must have good luck . sir , i have us'd the more freedom with you , because i have some pretence to your pardon ; for i believe you have often observ'd , that when any thing has fallen from any of my fellow-members that the house has resented , it has presently been laid to my charge , and i have always taken it upon me freely ; for i shall never refuse to serve this house in any sense whatsoever . i shall therefore humbly move , that you would be pleased , to order this honourable house to adjourn for a convenient time , until that house be emptied and made sweet again ; for if we should sit here before , it will not be in the power of any one man to own so much stink as will be laid to my charge . finis . the acts and monuments of our late parliament, or, a collection of the acts, orders, votes, and resolves that hath passed in the house by j. canne intelligencer generall. butler, samuel, 1612-1680. this text is an enriched version of the tcp digital transcription a30740 of text r2958 in the english short title catalog (wing b6290). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 18 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a30740 wing b6290 estc r2958 12244678 ocm 12244678 56892 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a30740) transcribed from: (early english books online ; image set 56892) images scanned from microfilm: (early english books, 1641-1700 ; 131:12) the acts and monuments of our late parliament, or, a collection of the acts, orders, votes, and resolves that hath passed in the house by j. canne intelligencer generall. butler, samuel, 1612-1680. [2], 8 p. [s.n.], london : 1659. a satire. formerly wing b6290, number changed in cd-rom (1996) to a454a. reproduction of original in harvard university libraries. item incorrectly listed in reel guide at 131:11 eng england and wales. -parliament -anecdotes a30740 r2958 (wing b6290). civilwar no the acts and monuments of our late parliament: or, a collection of the acts, orders, votes, and resolves that hath passed in the house. by j [no entry] 1659 2788 3 0 0 0 0 0 11 c the rate of 11 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-05 tcp assigned for keying and markup 2002-06 spi global keyed and coded from proquest page images 2002-08 emma (leeson) huber sampled and proofread 2002-08 emma (leeson) huber text and markup reviewed and edited 2002-10 pfs batch review (qc) and xml conversion the acts and monuments of our late parliament : or , a collection of the acts , orders , votes , and resolves that hath passed in the hovse . by i. canne intelligencer generall . london : printed according to order , 1659. an advertisement to the reader . reader , thou art desired to take notice of the last order of parliament in this book mentioned , whereby i am enjoyned upon my oath to discover onely things tollerable and agreable to the practice formerly of the long parliament ; now the lands be sold , offices disposed of , and their own turnes satisfied , and they turned out ; i shall acquaint you further : for it is a maxime here , that if i sweare to be faithfull to another , if that other hath the worse of it ; i am not bound by this oath ; and this is the opinion of all reformed divines , and to my knowledge hath been put in practice for these 18 years ; so that being now discharged of that oath , i shall hereafter discharge a good conscience ; and set forth an history of rare things . these are not an ace to them i have in my budget , farewell , i. canne : the acts and monvments of our late parliament . may 9th . 1659. this day their small assembly was resolved into a grand committee , to debate what the house should be called in ordinary proceedings . lenthall . it shall be called the new-exchange . vane . it shall be called the house of prayer . hasilrig . it shall be called a gaole , for i see martin and other gaole-birds here . lowry . it shall be called naberden . skippon . it shall be called a den of theeves . atkins . it shall be called a house of office . scot . it shall be called the free state crosse . saloway . that is a superstitious name . let it be called the armies ware-house . martin . let it be called a church , for we are all saints . st. iohn . i am of opinion that by the ancient known lawes of england , this is the legallest parliament that ever was , and that the men that met here by oliver's and richard's writs made but illegall assemblies , therefore let it be called the parliament house . baron hill . baron nicholes . we are of the same opinion strongly . withrington . i shall declare no opinion as to the point , but shall consider thereof . prinne this day got in , and he would have it called bedlam , for here is frantick mr. st. iohn , hairbrained hasilrig , sensless lowry and atkins , possessed vane , distracted nichols , and a multitude more of madmen , besides fooles , therefore he thought it fit that the chaines and fetters might be removed from newgate hither , to be keepers of the liberties , thereupon the house ordered it to be referred to a committee , and adjorned till the afternoon , and that mr. prinne should come no more there , for he was too wise and too honest to be in that place . in the afternoon they met , and upon debate these things were resolved on . first resolved , that the family of the cromwell's were not born protector's . secondly resolved , that it 's more convenient we should have the government , we having already the crown lands , so they adjorned till the next morning . may 10th . this day it was referred to a committee to consider of the selfe denying ordinance , and they are to take notice that there are severall kings lands yet to be sould , therefore they are to report whether it be convenient that that ordinance be in force or no . may 11th . this day the committee , whereof st. iohn was chair-man , reported to the house , that by law that ordinance was of no force , for the intent of the makers of lawes must be observed , and it cannot be intended , that the makers thereof would so far prejudice their own interests as to have that ordinance to be in force when lands are to be sould , and places to be disposed of . may 12. ordered , that this day usually called ascension-day , be no more called so , but henceforth may 7th . be called by that name , in commemoration of our ascent to the old shop on that day . and this was the great work of that day . from may 13th . to may 20th . the house took into their consideration , the titles of honour and dignity conferred by squire oliver , and his son richard , and also other titles to be given , and thereupon it was enacted as followes . the contents of the act for names , titles , and dignities , &c. first enacted , that our fellow member alderman atkins , be no more called alderman tom. alderman shitbritch , sir tom , sir alderman , tom. thumb , but in all ordinary proceedings he be called and stiled tom fool , and in exigents , let him be named tom. turd . secondly , that harry nevill be no more called religious harry nevill , that the people may take notice he is one of the councell of state . thirdly , that the eldest son of oliver protector have the same addition of title and dignity , that the long parliament conferred upon the eldest son of the late king to all intents and purposes . fourthly , that all other titles of honour whatsoever be sequestred , and the profits arising thence to goe to the payment of the late protectors debts . provided that this act not any thing herein shall not be construed to take away or null those apt and reasonable titles that are given to the severall members and councell of state , and recorded in the excellent book of englands confusion . from may 20th . to iune 1. this day the regulation of the law was taken into consideration : and , resolved , that the ablest lawyers be prohibited to judge or practise , that the law may florish and justice be done . ordered , that old collonel walton grow yong again before three weeks , or the dissolution of this parliament , and by that time become as frollick as he was with the barbers wife , that his young wife may no longer be forced to get a snap abroad , at the great charge of the publick ; and that in the interim he sit close in the house , and that she hath allowed to her an universall tolleration during that time and no longer . yesterday the colt formerly drowned at huntington , and taken up at the great charge and paines of the mayor and recorder , was voted a sturgion , vemine contradicente , and it was ordered that serjeant bernard have the next sturgion , to his own use , any grant or prescription to others notwithstanding . resolved . that paules-steeple is the crosse that stood formerly in cheap-side , and therefore to be pulled down forthwith . reported from the committee of safety as followes . that the best way to settle this nation in peace is to sell the residue of the lands , &c. and dispose of them amongst the parliament-men that were not liberally provided for before 1653. yet we conceive that sir arthur hasilrig remembred himselfe pretty well before that time , however if the parliament adjudge 30000 lb per annum , not sufficient for him , let him have more . this report was taken into consideration accordingly , being of great import . thereupon the house resolved into a grand committee to debate the proportioning of the said lands to the particular members according to their wants . lenthall . gentlemen can ye think that i , that i your speaker , your everlasting speaker , who am resolved to live and dye with you at 5 lb per diem , can live to maintain my selfe and family at that great rate i now live at , and support the grandeur that should attend the speaker to so noble persons , with 13000 lb per annum , and not above 80000 lb in personall estate . skippon . i have enough of 1000 lb per annum , and desire no more to live as well as mr. speaker . hasilrig . you say well , but 100000 lb per annum is better , and upon my credit i want dan. collingwood's estate to make me up ●0000 lb per annum , i pray consider it . scot . gent. my father in law plush-bacon is dead , and hath cheated me of 5000 lb , besides it will take 10000 lb per annum to make me honest . martin . if i have not enough to pay my debts in present , and to maintain as many whores as the e. of midlesex lord munson ( my fellow boarder in southwark ) or the late e. of warwick , i 'le leave the house and goe to prison again , what ? doe you think i 'le help to cheat the people for nothing . vane . come gent. if you will be a little religious , you may make shift with 15000 lb per annum as i doe . darly . my eldest son wishes me hanged that i served so long in this trade , and am like to leave him no better estate . pray think on it . st. iohn . i have built me a little house lately , and want some ground to lay to it . if you 'l grant me a forrest , i 'le remove my house thither , for the law is as clear as it was in e. of straffords . that i may remove it by habeas corpus . weavour . come gent. you are a little too buisy , take heed the army prevent not the designe , i am a good willer to the mathematickes my selfe , but le ts make them sure , for upon my credit lambert is no foole , thereupon the house adjourned till iune first . from iune the first to the 4th this day the house took into consideration that seasonable motion of mr. weavour , and have ordered as followes . ordered that the army officers be fooled out of their old commissions , by vertue of which they were our masters , and that they take new ones from us , by vertue of which we are their masters . ordered likewise that we juggle with some of the stoutest and sobrest colonels in the army to goe snipps with us under-hand , that they may curbe the rest and keep them in awe . ordered that hacker and okey be two of them , and that there be but 2. besides listed into this confederacy , least it be discovered , or least we give too much from our selves . ordered lastly , that this present parliament sit till may next , ( if lambert be not too cunning for them before that time ) and that in the interim , parliament men be valued at penny a peece , and that the former value of 12 a penny set upon them in 1653 be made voide . iune the 4th . this day the house took into consideration the busines between harry nevill and stroud sheriffe in bark-shire , which is referred to a committee to report , if it be not all the reason in the world that one of the councell of state should have 1500 lb whether it belongs to him or no , and that stroud should pay it , for not returning him to that parliament , which nevill hath 100 times sworne to be no parliament . ordered by the house that mr. st. iohn be assist●nt to that committee to informe how the same stands , and whether magna carta doth not warrant that , as well as the darke lanthorne . monday iune 6th . this day came an expresse from ireland that the noble and valiant deputy ; will ere long learn fleetwood more wit , and lambert more honesty , and that he will turn these juglers out of their box , as his father did . ordered thereupon that he forthwith repair to england , if he be such a fool , and that we catch him in our clutches if we can , least he obstruct our religious designes . iune 7th . this day the house considered of mr. harrington's proposalls concerning a free state . and thereupon , resolved . that he 's a fool to buisy his nodle about that which the house never thinks on , for when they have made all even , they 'le break up schoole . iune 8th . ordered that mr. harrington be forthwith dispatched to iamaica that famous island , and forme his common-wealth there , and that he hath all the golden mines for his paines . iune 9th . resolved . that all papists and jesuits be tollerated in england , and that anabaptists and quakers be inserted into the army , that by that time the parliament have gotten into their hands the residue of what is left , the army may make mutinies among themselves and discharge us , and set the people against them , and we goe scot free . iune 10th . the house this day upon consideration that the high and mighty prince vane is to marry with the illustrious infant of wimble●on-house , ordered that richard cromwell depart from thence forthwith , to make way for their highnesse , and that the banquetting house be prepared with a pair of bagpipes , and a north country jigg to entertain the nobles that shall attend the solemnization of those nuptials . iune 11th . to iune 18th . ordered that hacker and okey have a strict eye of lambert when he goes into whitehall , least he steps into the chaire . the house called mr. canne in , and ordered him to publish only what was agreable to their former proceedings , and if it fell out at any time that they should doe otherwise then the people expect , that he should conceale the same , whereto canne ( their news maker ) agreed and was sworne . finis . gentle-men , although this remedy differ from the matter , i have before treated off , and intend to proceed in , until i have made all publick : yet at the desire of a friend , i have brought this to publick view ; hopeing it will prove as a pill to stay your stomacks untill the rest follow . yours j. c. a cure for the state an excellent composition of sir henry vane's affection to the ministery , of sir arthur hesilrigg's honesty , of henry martin's chastity , of the lord fleetwood's valour , of an high court of justice mercy , of each two grains . two law-arguments of baron wilde's own making , two ounces of the shavings of the lord mayors beard , one scruple of alderman tichborn's conscience , seven drops of alderman atkin's elixary , one pound of the cities slavery , one dram of kiffen's divinity , with three full gallons of widowes and orphants tears , boyle all these together the full time of one of doctor owens sermons at the fast of the house , then closs stopt up with the paste of scotch charity , the speakers religion , and sir gilbert's constancy . two spoonfulls of this taken every morning fasting , will preserve you from the like apostacy , that the army and other saints have of late fallen into , and make you stick close to the parliament . approved by the colledge of physicians . made publick for the good of the common-wealth . by p. c. doctor of physick . mr. pryn's last and finall declaration to the commons of england, concerning the king, parliament, and army. and his remonstrance and proposals to the kingdome, shewing, that it is high treason, to compasse or imagine the deposition or death of our soveraign lord king charles. with the oath of allegiance to his majesty, taken by the parliament men, before their admission into the house as members. / by william pryn, of lincolns-inne, esq. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91204 of text r205366 in the english short title catalog (thomason e537_12). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 11 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91204 wing p3992 thomason e537_12 estc r205366 99864767 99864767 116999 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91204) transcribed from: (early english books online ; image set 116999) images scanned from microfilm: (thomason tracts ; 83:e537[12]) mr. pryn's last and finall declaration to the commons of england, concerning the king, parliament, and army. and his remonstrance and proposals to the kingdome, shewing, that it is high treason, to compasse or imagine the deposition or death of our soveraign lord king charles. with the oath of allegiance to his majesty, taken by the parliament men, before their admission into the house as members. / by william pryn, of lincolns-inne, esq. prynne, william, 1600-1669. [2], 6 p. s.n.], [london : printed in the year, 1648 [i.e. 1649] place of publication from wing. annotation on thomason copy: "jan: 5th". reproduction of the original in the british library. eng charles -i, -king of england, 1600-1649 -early works to 1800. england and wales. -army -early works to 1800. oaths -england -early works to 1800. monarchy -great britain -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91204 r205366 (thomason e537_12). civilwar no mr. pryn's last and finall declaration to the commons of england, concerning the king, parliament, and army.: and his remonstrance and prop prynne, william 1649 1979 6 0 0 0 0 0 30 c the rate of 30 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-04 emma (leeson) huber sampled and proofread 2007-04 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion mr. pryn's last and finall declaration to the commons of england , concerning the king , parliament , and army . and his remonstrance and proposals to the kingdome , shewing , that it is high treason , to compasse or imagine the deposition or death of our soveraign lord king charles . with the oath of allegiance to his majesty , taken by the parliament men , before their admission into the house as members . by william pryn , of lincolns-inne , esq. printed in the yeer , 1648. master pryns declaration to the kingdome concerning the apparent danger of his majesties royall person , and the present proceedings of the parliament and army in order to the deposing of charles steward , their lawfull king of england , &c. gentlemen , and fellow commoners , vvhereas my self , and above 200 members more being forcibly secluded from siting in the house of commons , by the officers of the army , i therefore held it my duty , to impart unto you these ensuing proposals . first , that by the common law of the realm , the stat . of 25 e. 3. and all other acts concerning treason , it is no lesse then high treason for any man to compasse or imagine the deposition or death of the king , or of his eldest sonne and heire , though it be never executed , much more if actually accomplished , and that many have been arraigned , condemned , and executed , for such intended treasons in former ages , as the e. of arundell , and others , by judgment in parl. secondly , that in the oath of allegiance whlch you have all taken , immediatly before your admission into the house as members ; you do truly and sincerely acknowledge , professe , testifie and declare in your consciences , before god & the world , that our soveraign lord king charles , is lawfull and rightfull king of this realme , and of all other his maj. dominions and countries . thirdly , that your selves , among other members , have in above one hundred remonstrances and declarations , professed , both to the king himself , kingdom , world , & forraign states , that you never intended the least hurt , injury , or violence to the kings person , crown , dignity , or posterity ; but intended to him and his royal posterity , more honour , happinesse , gr●atnesse , and glory , then ever was yet enjoyed by any of his predecessors , that you have proposed no other ends to your selves , but the performance of all duty and loyalty to his maj. person , that his personal safety , honour , & greatnesse , are much dearer to you then your own lives and fortunes , which you do most heartily dedicate , and shall most willingly imploy for the maintenance and support thereof , that the parl. will ever have a care to prevent any danger which his majesty may justly apprehend to his person : with many other such like expressions . which , whether your present actings and councels do not directly oppose , contradict , and give the lye unto , to your eternal infamy , and breach of publike faith , as much as in you lies , let the world and all men judge ; as they will do in due season . the rule in the old testament is , not to take any wicked kings from their thrones , ●nd behead them : but ( rom : ●3 : 1 , 2 , &c. ) take away the wicked from before the king , and his throne shall be established in righteousnesse . and the rule in the new testament . to be subject to kings , and the higher powers , and to submit vnto them , even for conscience and the lords sake : and to make prayers , supplications , and intercessions for them , that under them we may lead a quiet and peaceable life , in all godlinesse and honesty : for this is good and acctptable in the sight of god our saviour : not to depose or shed their bloud , for which there is no precept . and is not this plain way of god , the safest for you and the army to follow , yea the only short cut to peace and settlement ? ruminate upon it , and then be wise , both for your soules good , and the welfare of poor england . fourthly , remember , that no protestant king or state , ever yet defiled their hands , or stained the purity and honour of their reformed religion , with the deposition , or bloud of any of their kings and princes , much lesse of a protestant king or prince , of a temperate and sober life , as the king is ; who never imbrued his own hand in any one mans bloud , in any tyrannical or bloudy way before or since the warres ( for ought i can hear ) but only in a military . fifthly , consider , that the scots delivered the king to our commis. at newcastle , upon this expresse condition , that no violence should be offered to his person , &c. according to the covenant . how then can you un-king , depose him , or take away his life upon pretext of justice , which if you do , you ingage both kingdoms to war against you , and to crown the prince of vvales their king , as being next heir apparent . wil : pryn . a declaration touching the king . after mature deliberation upon the proceedings of the lord general fairfax , and the general councel of officers , in relation to the establishing of a firm and lasting peace within this bleeding , torne , and tottering kingdom , and the erecting of a pure and sound government according to the law of nature , and the fundamental laws of this realm , and after several conferences and disputations in order thereunto , divers of the presbyterian party frequented to westminster , and other places , where they had severall disputations and conferences with the officers , and other members of the army ; and after some debate upon the foundation , of the grounds and principles of the agreement of the people , the presbyterians declared a great dislike thereof , remonstrating , that it was not founded upon a firm rock ; to which objections , severall answers were made , for cleering such scruples and cautions , as seemed difficult to many ; and as for the person of the king , they further declared , that notwithstanding the present ordnance of attainder against his maj. yet they conceived it requisite and lawfull , that the prayers of the ministery bee still continued in every congregation throughout his maj. realmes and dominions ; desiring , that he may have a legal tryall , and that hee may not be degraded of his titles and honours : concerning which , be pleased to peruse this ensuing letter from holland , touching the degrading of his majesty . sir , we are here in a kind of amazement , to hear that your king should be designed for the grave before his time : believe it , there 's nothing more characterizes men wise in the opinion of the wisest meer man , then that they see a far off , not the plague of the body only , though that , but judgments somtimes for evildoing , somtimes for acting indiscreetly in matters that may be done . that which may lawfully bee done , it may be absurd to do at some time : the taking away life , which is that prized above all , by him that all account wise , is not just ( say some ) at any time , unlesse there be a law that makes the thing done death , and death to him that doth it : the supream power of england that forbids any to judge of treason in a constructive way , but themselvs have retaind in themselvs a power to judge such and such practises and endeavours to amount to treason or death . in particular , supose there were law , or it were in the power of the lords and commons to take awoy the life of the present king , yet if england , scotland , and ireland shal be made more miserable thereby in reason , and the waas renewed , to the probable ruine of the nations , and chiefly to those who pretend most to piety and justice therein , it were better not . that it 's dangerous this may be said : if you cut off , you must set up , vacuities of that nature suddainly introduce confusion : if you set up , it must either be a new king , or a new government ; if a new king , then the next of kinne , and if him , then let his ●complyance be what it will , his fathers death cannot bee ●orgot ; no , the danger of his mothers influence , who will remain in banishment , be easily got over , refuse he to come in , as it 's most like , he hath the afore-named written upon his brest , hesides his hereditary claim , his marriage , which no man that hath a purse , but will endowry with a daughter , raise an army of 20000 to restore a son in law , and make his daughter queen of 3 kingdoms , which by reason of scituation , and inherent accommodations may ( well managed ) be the ballancing power of christendom . if any other , or a new government , the objections are the same , & all the line & that successively are made enemies to boot ; besides hath the parl. or army yet got so much love ? are they so deep in the hearts of the people , that they can assure themselves the newtrals , or those who have gone farre with them will quiesce ? but the answer is ready , we have an army that cannot be over come , neither by what can rise here , or come from abroad . so had alexander , but alexander was poysoned , and what then became of his army ? ruin approached . some wil boast they fear no colours , nor danger , for they have the swiftest horse in the kingdom ; but what if that horse stumble , and throw his rider : where 's the man , the horse wandering up and down , as the fed hauk for food , comes to the hand of a child ? hague 2 jan. 1648. the heads of the armies deolaration . 1 that they were great promoters of the kings design . 2 of promoting the kings design in scotland , obstructing the lord lisle , and promoting the l. inchequin . 3 that they incouraged the force that was set upon the houses by the london apprentises , hindered and obstructed such things a● tended to the settlement of the kingdom , &c. that therefore to the end that there might be a speedy way for setling the same , they excluded them the house , and intend very speedily to send in the charge against them . finis . to the supreme authority the parliament of the commonwealth of england, assembled at westminster. the hearty congratulations and humble petition of thousands of well-affected gentlemen, freeholders, and inhabitants of the county of kent, and city of canterbury. this text is an enriched version of the tcp digital transcription a94705 of text r211195 in the english short title catalog (thomason 669.f.21[45]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a94705 wing t1743 thomason 669.f.21[45] estc r211195 99869927 99869927 163540 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a94705) transcribed from: (early english books online ; image set 163540) images scanned from microfilm: (thomason tracts ; 247:669f21[45]) to the supreme authority the parliament of the commonwealth of england, assembled at westminster. the hearty congratulations and humble petition of thousands of well-affected gentlemen, freeholders, and inhabitants of the county of kent, and city of canterbury. england and wales. parliament. 1 sheet ([1] p.) for livewell chapman, printed at london : 1659. praying that the existing form of government should be secured and maintained. dated at end: this petition was presented the 4th of june; and the petitioners being called in, they received the thanks of the house for their good affection to the commonwealth. annotation on thomason copy: "june. 6". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a94705 r211195 (thomason 669.f.21[45]). civilwar no to the supreme authority the parliament of the commonwealth of england, assembled at westminster.: the hearty congratulations and humble pe england and wales. parliament. 1659 810 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2008-04 elspeth healey sampled and proofread 2008-04 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion to the supreme authority the parliament of the commonvvealth of england , assembled at westminster . the hearty congratulations and humble petition of thousands of well-affected gentlemen , freeholders , and inhabitants of the county of kent , and city of canterbury , humbly sheweth , that upon the first report of your being invited to that supream trust , from which you were illegally interrupted , we were surprized with joy in the hopes of our approaching deliverance : and beholding your declaration manifesting your resolution ( in the strength of god ) to endeavour the settlement of this commonwealth upon such a foundation , as may assert , establish , and secure the liberties of the people , both as men and christians ; your petitioners are filled with hope , that a price being once more put into your hands , you will endeavour to compleat and perfect what you have declared ; that the sincerity of your engagements may be made conspicuous in the eye of the world , by the reality of your righteous actions . and although we cannot omit to expresse the fears in some , of a relapse , by the continuance of many in places of trust , who in april 1659. laboured not onely to make the name of a commonwealth odious , but to plunge us into a more dangerous gulf of tyranny and slavery then we were in in 1640. yet we are rather perswaded , that the god of heaven , after his long chastisement both of you and us ( who hath made the mountain of monarchy become a plain , by restoring you to your intrusted rights ) will carry you on to accomplish greater things then hitherto our eyes have seen : that the present age may joyfully conclude your last works to be more glorious then the former , and future generations triumphantly sing , many parliaments have done worthily , but you have excelled them all . wherefore we take boldnesse humbly to offer at present to your grave and serious considerations , these few particulars following . 1. that for the future settling of this nation , upon the firm basis of a free commonwealth , you would be pleased to make such provision for securing of the government , as that no usurping spirit might be able to bring us back to monarchy , nor introduce oligarchy upon us ; and that the future elections may be so settled , that the good people may be freed from fears of the old enemies and neuters getting up to lord it over us , by putting such qualifications on the electors and elected , as may not give up our dear-bought freedome , and as may appear just in the sight of all . 2. that for the prevention of forraign invasions , and domestick broyls , the militia of this county , and other parts of the commonwealth , may be timely settled in the hands of faithfull men , that have in these trying times been stedfast to the interest thereof . 3. that all which professe faith in jesus christ , and live peaceably in godliness and honesty , though different in apprehension in matters of faith and worship , may be equally protected and incouraged ; and that the vexatious and intolerable burthen of tithes may be taken away , and no other forced maintainance imposed on the tender consciences of such as maintain their own ministers . 4. that all such faithful persons that have been illegally removed from places of trust military or civil , or have quitted their imployments for conscience-sake , and faithfulnesse to this common-wealth , may be invited and restored to their former capacities . 5. that the mischievous inconveniences , irregularities , delayes , and chargeableness of the law may be rectified , by distribution of justice to the people in their severall counties ; and that the great cheats in sales and mortgages may be prevented , by settling of registers in each county . 6. that you would be mindfull for the quickning of trade so much decayed , principally that of clothing , which greatly concerns this county ; the fail whereof hath greatly impoverished and ruinated many families . in the prosecution of which , we shall , with the utmost hazard of our lives and estates , stand by you against all opposers , and with hearts bowed down to the father of spirits implore strength for you . this petition was presented the 4th of june ; and the petitioners being called in , they received the thanks of the house for their good affection to the commonwealth . printed at london for livewell chapman , 1659. by the king. a proclamation for publishing a former proclamation of the 30th of may last (entituled, a proclamation against vitious, debauch'd and prophane persons) in all churches and chappels throughout england and wales. england and wales. sovereign (1660-1685 : charles ii) this text is an enriched version of the tcp digital transcription a79316 of text r212585 in the english short title catalog (thomason 669.f.25[73]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a79316 wing c3385 thomason 669.f.25[73] estc r212585 99871189 99871189 163878 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a79316) transcribed from: (early english books online ; image set 163878) images scanned from microfilm: (thomason tracts ; 247:669f25[73]) by the king. a proclamation for publishing a former proclamation of the 30th of may last (entituled, a proclamation against vitious, debauch'd and prophane persons) in all churches and chappels throughout england and wales. england and wales. sovereign (1660-1685 : charles ii) charles ii, king of england, 1630-1685. 1 sheet ([1] p.) printed by john bill and christopher barker, printers to the kings most excellent majesty, london : 1660. dated: given at our court at whitehall, the thirteenth day of august, in the twelfth year of our reign, 1660. annotation on thomason copy: "aug. 15". reproduction of the original in the british library. eng england and wales. -sovereign (1660-1685 : charles ii) -proclamation against vitious, debauch'd and prophane persons. -early works to 1800. vice -england -early works to 1800. great britain -history -charles ii, 1660-1685 -early works to 1800. a79316 r212585 (thomason 669.f.25[73]). civilwar no by the king· a proclamation for publishing a former proclamation of the 30th of may last (entituled, a proclamation against vitious, debauch england and wales. sovereign 1660 411 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation for publishing a former proclamation of the 30th of may last ( entituled , a proclamation against vitious , debauch'd and prophane persons ) in all churches and chappels throughout england and wales . charles r. whereas we finde , to our exceeding great joy and comfort , that the proclamation lately published by vs against vitious , debauchd and prophane persons , hath been well received and resented , and in some measure hath had , and will we hope yet more have our wish'd effect amongst our people : and we continuing our ardent desire to prosecute all means which tend to the suppressing of vice , and the advancement of vertue , and also to acknowledge the transcendent goodness of almighty god for the great progress in this short time made towards our full establishment , no less then his wonderful providence in our miraculous restauration to our people , and them to vs , with the advice of the lords and commons in parliament assembled , do by this our proclamation , streightly charge and command , that each minister in his respective parish or chappel , within this our realm of england , dominion of wales , and the town of berwick upon tweed , shall once in every moneth , for the space of six moneths together , next ensuing , read in their respective congregations , the aforesaid proclamation , and incite and stir up their respective auditories to observe the duties therein enjoyned , and avoid the vices therein forbidden . and we do hereby also strictly charge and command , that every of the respective ministers aforesaid , do carefully and effectually observe our will and pleasure herein , as they tender our favour , and would avoid our displeasure . and lastly , we do hereby renew our command , and again require all mayors , sheriffs , and iustices of the peace , to be very vigilant and strict in discovering and punishing of such persons according to law , as shall offend contrary to the said proclamation . given at our court at whitehall , the thirteenth day of august , in the twelfth year of our reign , 1660 london , printed by john bill and christopher barker , printers to the kings most excellent majesty , 1660. die mercurii 11 aug. 1647. the lords and commons in parliament assembled, doe approve of the late action of the officers, souldiers, and inhabitants of the borough of southwarke, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a82869 of text r210604 in the english short title catalog (thomason 669.f.11[59]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a82869 wing e1628a thomason 669.f.11[59] estc r210604 99869387 99869387 162708 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a82869) transcribed from: (early english books online ; image set 162708) images scanned from microfilm: (thomason tracts ; 246:669f11[59]) die mercurii 11 aug. 1647. the lords and commons in parliament assembled, doe approve of the late action of the officers, souldiers, and inhabitants of the borough of southwarke, ... england and wales. parliament. 1 sheet ([1] p.) printed for john wright at the kings head in the old bayley, london : 1647. signed: joh. brown cler. parliament. approving the action of the officers, soldiers, and inhabitants of southwark in joining the army -cf. steele. also approving the actions of one colonell blunt, as well as the committee of the militia of the county of herts. reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a82869 r210604 (thomason 669.f.11[59]). civilwar no die mercurii 11 aug. 1647. the lords and commons in parliament assembled, doe approve of the late action of the officers, souldiers, and inh england and wales. parliament. 1647 272 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 mona logarbo sampled and proofread 2007-11 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion die mercurii 11 aug , 1647. the lords and commons in parliament assembled , doe approve of the late action of the officers , souldiers , and inhabitants of the borough of southwarke , and all others that assisted them in joyning with the army for preservation of the peace of the parliament , city , and kingdome ; and that thanks be given them for the said action : and that colonell thompson and master snelling that serve in parliament for the said borough , doe returne them the thankes of the houses . joh. brown cler. parliament . die mercurii 11. aug. 1647. the lords and commons assembled in parliament do approve of the late action and proceeding of colonell blunt , and all others that assisted him , in joyning with the army for preservation of the peace of the parliament , city , and kingdome , and do give him and them thanks for it . joh. brown cler. parliament . die mercurii 11 aug 1647. the lords and commons assembled in parliament doe approve of the late action of the committee of the militia of the county of herts , in raising the forces of the said county to joyne with the army , for preservation of the peace of the parliament , city , and kingdome , and do give them thanks for it ; and that master leman , and sir thomas dacres are appointed to give them thanks . joh. brown cler. parliament . london printed for john wright at the kings head in the old bayley . 1647. a prolamation [sic] about dissolving this present parliament, and the speedy calling a new one england and wales. sovereign (1660-1685 : charles ii) 1679 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a32351 wing c3210 estc r226468 12129389 ocm 12129389 54682 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32351) transcribed from: (early english books online ; image set 54682) images scanned from microfilm: (early english books, 1641-1700 ; 760:25) a prolamation [sic] about dissolving this present parliament, and the speedy calling a new one england and wales. sovereign (1660-1685 : charles ii) charles ii, king of england, 1630-1685. 1 sheet ([1] p.) printed by john bill, christopher barker, thomas newcomb, and henry hills ..., london : 1678/9. broadside. at head of title: by the king. reproduction of original in bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. broadsides -england -london -17th century 2008-03 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2009-01 judith siefring sampled and proofread 2009-01 judith siefring text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion royal coat of arms by the king. a prolamation about dissolving this present parliament , and the speedy calling a new one . charles r. whereas this present parliament was begun and held at westminster on the eight day of may , in the thirteenth year of his majesties reign , and hath been since by several prorogations and adjournments continued , and was lately prorogued until the fourth day of february next ; the kings most excellent majesty taking into his serious consideration , the many inconveniencies arising by the over-long continuance of one and the same parliament , doth ( by this his royal proclamation ) publish and declare his royal will and pleasure to dissolve this present parliament , and doth hereby dissolve the same accordingly . and the lords spiritual and temporal , and the knights , citizens and burgesses of this present parliament , are discharged from their meeting upon the said fourth day of february : and to the intent his majesties loyal subjects of this his realm , may perceive the confidence his majesty hath in their good affections , and how willing and desirous his majesty is to meet his people , and have their advice by their representatives in parliament , his majesty is hereby pleased graciously to declare , that he will forthwith cause writs in due form of law to be issued for the calling of a new parliament ; which shall begin , and be holden at westminster , on thursday the sixth day of march next , when his majesty doth expect such laws will be enacted , and such order taken , by the consent and advice of his parliament , as will tend to the securing the true protestant religion , and the peaceable and happy government of this his kingdom . given at our court at whitehall , the twenty fourth day of january 1678. in the thirtieth year of our reign . god save the king. london , printed by john bill , christopher barker , thomas newcomb , and henry hills , printers to the kings most excellent majesty . 1678 / 9. to the right honorable the house of peeres now assembled in parliament the humble petition of the knights, gentlemen, freeholders and other inhabitants of the county of oxford. this text is an enriched version of the tcp digital transcription a94617 of text r210282 in the english short title catalog (thomason 669.f.4[65]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a94617 wing t1635 thomason 669.f.4[65] estc r210282 99869094 99869094 160687 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a94617) transcribed from: (early english books online ; image set 160687) images scanned from microfilm: (thomason tracts ; 245:669f4[65]) to the right honorable the house of peeres now assembled in parliament the humble petition of the knights, gentlemen, freeholders and other inhabitants of the county of oxford. england and wales. parliament. house of lords. 1 sheet ([1] p.) printed for f.l. and w.w., london : 1641 [i.e. 1642] reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. church of england -bishops -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a94617 r210282 (thomason 669.f.4[65]). civilwar no to the right honorable the house of peeres now assembled in parliament. the humble petition of the knights, gentlemen, freeholders and other england and wales. parliament. 1642 927 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2008-04 elspeth healey sampled and proofread 2008-04 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion to the right honorable the hovse of peeres now assembled in parliament . the humble petition of the knights , gentlemen , freeholders and others inhabitants of the county of oxford . sheweth , that the petitioners being very sensible of those pressures under which the whole kingdome growneth ; and having ever since this happie parliament began , with patience waited for a finall redresse , and a perfect reformation of the church and state ; seeing much hath been indeavored for the ease of our grievances , and much more might have beene done , had it not beene ( as we humbly conceive ) for the opposition of the ill affected parties of popish lords and bishops ; as not being the first in this way of petitioning , are constrained to represent to your honours our just feares and distractions , arrising from that barbarous and bloody rebellion in ireland , wherein innocent blood of many thousand protestants hath beene cruelly and inhumainely shed , without respect to age or sect , threatning the subvertion of the protestant religion , and the irreparable losse of that kingdome ; to the emboldning of the popish and malignant parties of this kingdome to the like attempt if opportunity be put into their hands , which may produce ( which god forbid ) as sad effects in this , from the not passing the bill for impressing of souldiers , wherby a sufficient aide may be sent , to the speedy reliefe of our brethren in ireland , from the late unparalleld breach of the privilige of parliament , from the not putting of this kingdome into a posture of defence , and the cinque ports into safe hands in whom the king and parliament may confide ; notwithstanding the many petitions put up in this behalfe : from the papists not beeing disarmed , and forsaking their owne houses , and privately living in places where they are not knowne : which justly casts jealousies into us , that they have in hand some desperate plot as yet undiscovered : from the great increase of arminianisme in our vniversity , and the insolency of that partie : from the not punishing of delinquents ; and from the continuance of many corrupt and scandalous ministers , which grow more impudent and incorrigible by the delay of punishment : lastly , from the not concenting of this honorable house with the house of commons , in the passing of many motions for the common good . all which have beene the cause of the totall decay of trade and want of coyne throughout the kingdome , to the great impoverishing thereof , and without which it will not be able long to subsist . we therefore your potitioners , doe humbly pray , that a speedy remove all of these our grievances with the causes ; and of the votes of the popish lords and bishops out of this honorable house , which ( we humbly conceive ) are not consistent with the honour of the king and parliament , and the safety of this kingdome , and your petitioners to the utmost hazard of our lives and estates will be ready to defend the king and parliament against all opposers whatsoever . the heads of the petition . 1. thankes , to be given to the lords for voting downe the bishops , with our earnest desire that they would doe as much for the popish parties . 2. that our sea townes , forts , and castles , may be speedily garded and put into the custody of such , which in whom we may safely confide . 3. that the kingdome may be put into a posture of defence . 4. that for the better disarming of papists an oath may be administred , not onely to the masters of families , but to their servants and tennants , for the better finding out where their armes are , since the former courses of searching only , are most commonly frustrated . 5. that all papists may be enioyned to keepe their owne houses in these dangerous times , that they may not have their meettings in london and elsewhere , whereby they may know each others minds , and so enabled to put in execution their dangerous designes . 6. that they would be pleased to have an especiall eye unto the vniversity of oxford , that that seminarie might not be over-whelmed with popery , arminianisme , and superstition , that their alters , images , and crucifixes , may be demolished , that governours of colledges may be questioned , wherefore they did not demolish them , according to the order set forth by the house of commons . 7. that a preaching ministrie may be planted throughout the whole diocesse , since there are neere upon 280. parishes , and not above thirty ministers that are constant preachers . 8. that they would be pleased to take into consideration the multiplicity of dignities and preferments that some heads of houses , every where you shall finde some to enioy a rich lordship worth many 100. per annum , a denery , a preband , and two fat parsonages , and seldome preach at either . 9. that further care may be taken for the suppressing of the rebells in ireland . london , printed for f. l. and w. w. 1641. die martis, 5 september. 1648 a declaration of the commons assembled in parliament, concerning the summoning of the members to attend the house on tuesday the 26 of septemb. 1648. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a83675 of text r43620 in the english short title catalog (wing e2557b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83675 wing e2557b estc r43620 42475027 ocm 42475027 151130 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83675) transcribed from: (early english books online ; image set 151130) images scanned from microfilm: (early english books, 1641-1700 ; 2245:8) die martis, 5 september. 1648 a declaration of the commons assembled in parliament, concerning the summoning of the members to attend the house on tuesday the 26 of septemb. 1648. england and wales. parliament. house of commons. 1 sheet ([1] p.). printed for edward husband ..., london : 1648. imperfect: print show-through. reproduction of original in the harvard law school library. eng england and wales. -parliament. -house of commons -early works to 1800. great britain -history -civil war, 1642-1649. broadsides -london (england) -17th century. a83675 r43620 (wing e2557b). civilwar no die martis, 5 september. 1648 a declaration of the commons assembled in parliament, concerning the summoning of the members to attend the ho england and wales. parliament. house of commons 1648 381 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-11 tcp assigned for keying and markup 2007-11 apex covantage keyed and coded from proquest page images 2007-12 john pas sampled and proofread 2007-12 john pas text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion die martis , 5 septembr . 1648. a declaration of the commons assembled in parliament , concerning the summoning of the members to attend the house on tuesday the 26 of septemb. 1648. whereas both houses of parliament have agreed upon a personal treaty with his majesty , which is speedily to commence : for the management whereof , the attendance of all the members of parliament will be very necessary , because in the multitude of councellors there is safety , and in the success thereof , the allaying of the present distempers , and future happiness of this kingdom is so highly concerned ; it is therefore ordered and declared by the commons assembled in parliament , that the respective sheriffs of each county within the kingdom of england and dominion of wales , do forthwith upon receipt hereof give particular notice to all the members of the house of commons , residing and being within their respective counties , to attend this house , according to the orders and votes hereunto annexed . resolved , &c. that the house be called on this day three weeks . resolved , &c. that a penalty shall be now fixed upon the defaulters at the next call of the house . resolved , &c. that the sum of twenty pounds be the fine as shall be set upon the defaulters at the next call . resolved , &c. that such members as shall be defaulters at the next call , and their excuses not allowed , shall pay the sum of twenty pounds into the hands of sir robert pye and mr. wheeler , before they come into the house to sit as members . h : elsynge , cler. parl. d. com. ordered by the commons assembled in parliament , that this declaration and votes be forthwith printed and published ; and it is referred to the care of the committee that brought it in , or any two of them , to send printed copies thereof forthwith to the respective sheriffs of england and wales . h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons . 1648. reflections on a paper, intituled, his majesty's reasons for withdrawing himself from rochester burnet, gilbert, 1643-1715. 1689 approx. 10 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a30404 wing b5850 estc r7894 11636461 ocm 11636461 47953 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a30404) transcribed from: (early english books online ; image set 47953) images scanned from microfilm: (early english books, 1641-1700 ; 484:38) reflections on a paper, intituled, his majesty's reasons for withdrawing himself from rochester burnet, gilbert, 1643-1715. 8 p. ; 21 cm. printed for john starkey and ric. chiswell ..., london : 1689. attributed to gilbert burnet. cf. mcalpin coll., halkett & laing. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -ii, -king of england, 1633-1701. england and wales. -sovereign (1685-1688 : james ii) 2003-10 tcp assigned for keying and markup 2003-11 spi global keyed and coded from proquest page images 2003-12 mona logarbo sampled and proofread 2003-12 mona logarbo text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion reflections on a paper , intituled , his majesty's reasons for withdrawing himself from rochester . published by authority . london : printed for john starkey ; and ric. chiswell at the rose and crown , in s. paul's church-yard . mdclxxxix . reflections on a paper , intituled , his majesty's reasons for withdrawing himself from rochester . there is a paper spread about the town , which might be confuted in every particular , not only with clearness , but with severity too , if there was not a restraint put upon the full liberty of answering any thing that goeth under a name , to which respect will still be paid , even by those to whom it is denied : therefore nothing will be said to it by way of an intire answer ; nor any advantage taken of the many mistakes which lye too open to be defended . it shall suffice for the present to mention some things which are laid down in the paper , in such a manner , as may , perhaps , mislead men into a wrong judgment of them , for want of being sufficiently informed in the matter of fact . the particulars are : 1. the prince sending his guards at eleven of clock at night , to take possession of the posts at whitehall , without advertising him of it in the least . 2. the sending a kind of an order by three lords , to be gone out of his own palace before twelve that morning . to the first , the matter of fact is , that upon the king 's being apprehended , when he was going out of the kingdom , and afterwards being brought to rochester , whither his servants and coaches were sent for by him , to bring him up to london , the prince , who had upon that taken his measures to hasten up to town , and being fixed in his opinion , that it was , in many respects , improper for the king and him to be there at the same time , in the present state of affairs ; sent monsieur zulestein to meet him in the way , and to desire him to return to rochester ; but monsieur zulestein missing him , by going another way than that by which he came , the king arrived at whitehall , and at the same time sent a message by my lord feversham to the prince , inviting him to come to st. james's , with what number of troops he should think fit to bring with him . the prince upon this deliberateth with the lords then at windsor , the day before he had appointed to be in town , and having communicated the message to them , and left them to debate the whole matter , it was agreed , that it was in no kind adviseable for the prince to accept the invitation ; and on the other side , there being a necessity that the prince should be in town next day , the lords thought that the shortness of time could admit no better expedient , than that the king might be desired to remove to some place within a reasonable distance from london ; upon which , ham , a house belonging to the dutchess of lauderdale , was pitched upon . in order to this , a paper was drawn in these words , and signed by the prince : we desire you the lord marquess of hallifax , the earl of shreusbury , and the lord delamere , to tell the king , that it is thought convenient for the great quiet of the city , and for the greater safety of his person , that he do remove to ham , where he shall be attended by guards , who will be ready to preserve him from any disturbance . given at windsor , the 17th day of december , 1688. prince de orange . the prince appointed three lords to carry this paper ; and it was resolved , that before the delivery , the prince's guards should be possessed of all the posts at whitehall , to prevent the possibility of a disturbance from guards belonging to several masters ; which besides other ill consequences might perhaps have involved even the king 's own person in the danger that might have arisen from any dispute . it was supposed by computation , that the prince's guards might be at london by eight of the clock that night : but it so happened , that it was past ten before they all arrived , commanded by the count of solmes ; and when they were come , there being difficulty made of withdrawing the king's guards from whitehall , there was so much time spent , that it was past twelve of the clock before the lords could proceed in their message . in which , that they might preserve all possible decency and respect ; and that they might not suddenly break in upon the king with a message of this kind , they sent to my lord middleton , his principal secretary of state , the following letter . my lord , there is a message to be delivered to his majesty from the prince , which is of so great importance , that we , who are charged with it , desire we may be immediately admitted ; and therefore desire to know where we may find your lordship , that you may introduce , my lord , your lordship 's most humble servants , hallifax , shreusbury , delamere . the lord middleton told the messenger , he would be ready at the stairs of the guard-chamber to carry the lords to the king. upon this they went , and finding my lord middleton at the place he had appointed , he brought them to the king , whom they found in bed : after making an apology for coming at an hour which might give him disturbance , the prince's message before recited was delivered him ; which after he had read , he said , he would comply with . then the lords , as they were directed , humbly desired , if it might be done with convenience to his majesty , that he would be pleased to remove so early , as to be at ham by noon ; by this means , to prevent the meeting the prince in his way to london , where he was to come the same day ; his majesty readily agreed to it , and then asked , whether he might not appoint what servants should attend him ; to which the lords replied , that it was left to him to give order in that as he pleased . and after that , they took their leave . when they were gone as far as the privy chamber , the king sent for them again , and told them , that he had forgot to acquaint them with his resolutions before the message came , to send my lord godolphin next morning to the prince , to propose his going back to rochester , he finding by the message that monsieur zulesteyn was charged with , that the prince had no mind he should be in london ; and therefore he now desired , that he might rather return to rochester , than go to any other place . the lords replied , that they would immediately send an account to the prince of what his majesty desired , and did not doubt of such an answer as would be to his satisfaction ; accordingly they sent presently to the prince , who was then at sion , to inform him of all that had passed ; and before eight of the clock in the morning had a letter from monsieur benting , by the prince's order , agreeing to the king's proposal of going to rochester ; upon which , the guards being made ready , and the boats prepared , he went that night to gravesend . the observations which may naturally arise from this whole matter are , first , that the king having been sent to by the prince by monsieur zulesteyn , that he would be pleased to return to rochester . this message by the lords could not possibly be a surprize to him , but must have been expected as a necessary inference from the first ; and this is proved in fact by the king 's having given order to my lord godolphin to go to the prince with an offer to return to rochester , concluding that his highness would have less exception to his being there , than he might have to his remaining at london . in the next place , as to the complaint of the prince's sending his guards at such a time of night , and without giving warning ; let it be considered , whether , since a thing of this kind was judged necessary to be done , it had not better grace even in respect to the king himself , to do it upon short warning , rather than expose him more by treating and proposing formally that which his majesty was in no condition to deny . in all cases where the means of contesting fail , it is sure a respect to those who are under such a disadvantage , not to add to their mortification , by drawing it out in length by the deceitful ceremony of treating where no power is left to dispute . then as to the unseasonable hour , besides other reasons that have been mentioned ; would those who make the objection have been content , a thing of this nature should have been done in broad day-light , and by sound of drum and trumpet ? no doubt they would then , with more reason , have complained , that a king , in these unhappy circumstances , should be exposed to such an appearance of a triumph ; the thing , in the world , the prince is the least inclined to , and in that respect hath right to the fairest construction such a proceeding will admit . whoever will compare the power of the prince , with the use he maketh of it , must be sufficiently convinced of his moderation : and in this particular instance , allowing the necessity of the prince's coming to town that very day , of which he was the best judge , and admitting the consequence , which cannot reasonably be denied , that the king 's remaining there at that time might not only have given an interruption to the peace of the town , but to the respect that ought to be preserved to his person ; it was not possible to execute what was thought so necessary , with more decency and precaution than was observed ; and impartial judges , who are not carried away by the sound of things , against the reason of them , will , no doubt , give their opinions , that this proceeding doth not deserve any part of the censure that hath been put upon it , by those who did not know the truth of it . the end . an account of the affairs in ireland, in reference to the late change in england with a declaration of several officers of the army in ireland, on behalf of themselves, and those under their commands; holding forth their stedfast resolution to adhere to the parliament, in defence of its priviledges, and the just rights and liberties of the people of these nations, as men and christians. this text is an enriched version of the tcp digital transcription a75207 of text r3345 in the english short title catalog (thomason 669.f.22[40]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a75207 wing a229 thomason 669.f.22[40] estc r3345 99872353 99872353 163623 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a75207) transcribed from: (early english books online ; image set 163623) images scanned from microfilm: (thomason tracts ; 247:669f22[40]) an account of the affairs in ireland, in reference to the late change in england with a declaration of several officers of the army in ireland, on behalf of themselves, and those under their commands; holding forth their stedfast resolution to adhere to the parliament, in defence of its priviledges, and the just rights and liberties of the people of these nations, as men and christians. waller, hardress, sir, 1604?-1666? 1 sheet ([1] p.) printed at dublin by special order: and re-printed at london, for nath. brook, at the angel in cornhil, [london] : 1659. signed and dated: signed in the name and upon the desire of the said council of officers, har. waller. dublin, 14 of december, 1659. annotation on thomason copy: "xber [i.e., december] 29 29". reproduction of the original in the british library. eng england and wales. -army -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. ireland -history -1649-1660 -early works to 1800. a75207 r3345 (thomason 669.f.22[40]). civilwar no an account of the affairs in ireland, in reference to the late change in england: with a declaration of several officers of the army in irel waller, hardress, sir 1659 1040 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-06 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 john pas sampled and proofread 2008-08 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion an account of the affairs in ireland , in reference to the late change in england : with a declaration of several officers of the army in ireland , on behalf of themselves , and those under their commands ; holding forth their stedfast resolution to adhere to the parliament , in defence of its priviledges , and the just rights and liberties of the people of these nations , as men and christians . sir , the diligence of sir hardress waller , and theophilus jones hath been admirable here , for the parliamentary interest : for by their great wisdom , and indefatigable industry , it hath been here settled , as followeth . on the 13. of decem. 1659. about six at night , a party of horse and foot approached the city of dublin ; some of which foot drawing towards a small pass-port on the back-side of the castle , surprised the centinels , and entered the same . hereupon , three muskets being fired from the tower , caused the remnant of the whole party to enter ; which were disposed of , some to the castle-gate , and some to the custome-house . then they surprised col. john jones , and two other commissioners , who were dismissed , upon their promise to act for the parliament . and all this brought to pass with so much care and discretion , that no bloodshed either accompanied or ensued the same . most of the chief cities and towns here declare for the parliament ; as , galloway , limerick , youghal , kilkenny , clonmel , bandon , drogheda . &c. affairs here being reduced to this chanel , the inclosed declaration was published for satisfaction of the people . whereas by divine permission ( either for the punishment of the high provocations of these sinful backsliding nations , or for the discovery and prevention of the disturbers of the peace of this our israel , god thereby making way to settle his people upon foundations of holiness , righteousness and peace ) a new interruption hath been put upon the parliament , by some officers of the army in england , notwithstanding their solemn engagements to the contrary , to the amazement of the people of these three nations , the hazard of publick peace , the discouraging and sadning the hearts of the godly and well-affected , the obstructing of reformation , the giving advantage to forraign and domestick enemies , and the exposing the lives , estates and liberties of all , to blood , rapine and slavery : we , upon a sad sence of present threatning calamities , having sought the lord in trembling and much fear , do finde it our duty to declare ; and we do , through the grace and strength of god ( we trust ) conscientiously resolve , i. that through the lords assistance , we will , in all simplicity of heart remain firm in our obedience to the trust reposed in us by the parliament of the commonwealth of england , scotland and ireland , so sinfully interrupted heretofore , so solemnly of late restored again , by our brethren of the army in england ; and to whom we have , as it were but yesterday , by his excellency lieutenant general ludlow , our commander in chief , professed our obedience by promises , subscriptions , and other sober acknowledgements ; which ( as we own there is a god in heaven ) we take our selves deeply obliged to pursue . ii. that we shall not suffer our selves to be any manner of way divided one from another , or from any of our brethren of the army , that shall continue their faithfulness to the trust reposed in them by the parliament ; or from any that shall return to yeild obedience thereunto ; for which , in much love and tenderness towards them , we shall use our utmost endeavours . iii. that we shall by all good means , labour the setling and maintaining of a godly , learned and faithful ministry in these three nations ; with due encouragement to the universities and schools of good literature ; that they may be nurseries of piety , learning and godliness . iv. that we will , as god will enable us , use our utmost endeavours to detect and suppress all enemies at home and abroad , that shall attempt to disturb the peace of this , or of the other nations , either by introducing and setting up the interest of any single person whatsoever ; or , through turbulency of spirit , shall foment any confusions to the endangering the peace of this commonwealth . v. that it is not our intent to impose upon any tender consciences , being otherwise found in the fundamentals of religion . and lastly , vve do declare , that we shall , to our utmost , protect all such , who do at present adhere unto us ; and shall also endeavour that due encouragement may be given to such , whether officers or souldiers , formerly of the army , who either have , or shall joyn with us in this undertaking . dated at dublin-castle , the 14 of december , 1659. har. waller , w. more , john bridges , edw. warren , maurice fenton , abel warren , john warren , tho. dancer , john jeoner w. warden , theo. sandford , john cole , theo. hen. whalley , nic. kempston , dan. lisle , edin . temple , james hand , jo. thompson , tho. hopkins , rich. nun , rob. cook . ordered by the council of officers , met at dublin castle the day above written , that the foregoing declaration be forthwith printed and published . dublin , 14 of december , 1659. signed in the name and upon the desire of the said council of officers , har. waller . printed at dublin by special order : and re-printed at london , for nath. brook , at the angel in cornhil . 1659. a proposal concerning the coin neale, thomas, d. 1699? 1695 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a52732 wing n348 estc r216419 99828150 99828150 32577 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a52732) transcribed from: (early english books online ; image set 32577) images scanned from microfilm: (early english books, 1641-1700 ; 1856:05) a proposal concerning the coin neale, thomas, d. 1699? 1 sheet ([1] p.) s.n., [london? : 1695] signed at end: t.n., i.e. thomas neale. imprint from wing. reproduction of the original in the goldsmiths' library, university of london. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -public general acts. 7 wil.iii.c.1 -early works to 1800. coinage -england -early works to 1800. coinage -economic aspects -early works to 1800. 2003-12 tcp assigned for keying and markup 2003-12 aptara keyed and coded from proquest page images 2004-01 mona logarbo sampled and proofread 2004-01 mona logarbo text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion a proposal concerning the coin . the best expedient to hinder ( as the proposer conceives ) the going out o● our silver whilst we have any gold , is to make it the interest of those that deal in them , both to melt down and export as well the one as the other , ( if they may not be exported in coin ) for melted down and exported they 'l be , let what law soever be made to the contrary , unless the occasions beyond sea can otherwise be better supply'd . for the explaining whereof , such gentlemen as do not yet know it , may by this be informed , that in the spanish dominion , whence most of the gold and silver does come , and where for that reason the proportion in value is originally set , and must through the rest of the world be allowed , is as 16 to 1 , and so 4 guinea's coined at 20 s. each , ( as they are in this kingdom ) comes to 4 l. sixteen crowns coin'd at 5 s. each comes to 4 l. so 16 crowns is equal to 4 guinea's . now suppose 4 guinea's coin'd of the same weight they now are , should by authority be reckon'd at 1 l. 4 s. apiece , they come to 4 l. 16 s. sixteen crowns coin'd at 5 s. if made by authority to pass for 6 s. then 16 crowns comes to 4 l. 16 s. which makes the par equal betwixt silver and gold , which always will have , as it ever has had for convenience 18 d. or 2 s. still running upon it , so guinea's as aforesaid , set at 24 s. will have the currency of 25 s. 6 d. or 26 s. now against this 't will be said , t is raising the standard setled by an act of this sessions upon mature reasons . 't is not altering the standard , for that however continues ; 't is only giving a currency to silver and gold , as above exprest , for publick convenience , 'till otherwise provided by parliament . and as to the reasons ( 't is confessed ) that have been strongly urged to the contrary , they are to be answer'd by common convenience , and the word necessity , against which no law ever did or ought at any time at all to prevail . as to the convenience the publick will reap , note , 100000 l. this way pays 120000 l. at present , of which the publick will have the advantage , and if at any time hereafter it should be found needful to reduce the same crowns to 5 s. again , 't will be then but paying 12 d. apiece to every person possest of such crowns of which the publick as had the use in the mean time , so it may the better by the publick be repaid . and note also , the re-payment of the shilling so to be hoped for on the crowns , will hinder their either being melted down or exported , it being to be lost if they be . as to the necessity , 't is agreed on all hands , that whilst gold goes for more than 't is worth , and silver for less , the one will be hoarded or carried away , and the other left to go by it self . this further satisfaction 't will give , to farmers and others actual possessors of land in the country , 't will keep up the price of their commodities , viz. of wooll , cattle , corn , tinn , lead , &c. to their general satisfaction , because they will be thereby enabled the better to pay their rents to their landlords , who for that reason 't is hoped and believed , will have very little cause to complain . note , what is before proposed is no way repugnant to the late vote , that guinea's shall not be taken or paid at above 28 s. and may yet be enacted this sessions ( as 't is humbly conceived ) if so be that it is but approved . t. n. the case of edward lloyd esq; concerning the election of a burgess for the burough of montgomery in the county of montgomery, to serve in the parliament, to be holden at westminster the sixth day of march 1678. montgomeryshire (wales). bailiffs. 1678 approx. 9 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). b02576 wing c909 estc r170941 49520850 ocm 49520850 174094 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b02576) transcribed from: (early english books online ; image set 174094) images scanned from microfilm: (early english books, 1641-1700 ; 2664:1) the case of edward lloyd esq; concerning the election of a burgess for the burough of montgomery in the county of montgomery, to serve in the parliament, to be holden at westminster the sixth day of march 1678. montgomeryshire (wales). bailiffs. 1 sheet ([1] p.) s.n., [london : 1678] place of publication suggested by wing. reproduction of original in: llyfrgell genedlaethol cymru/national library of wales. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng lloyd, edward. england and wales. -parliament -contested elections -early works to 1800. contested elections -wales -montgomeryshire -early works to 1800. broadsides -england -17th century. 2008-03 tcp assigned for keying and markup 2008-04 spi global keyed and coded from proquest page images 2008-05 john pas sampled and proofread 2008-05 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the case of edward lloyd esq concerning the election of a burgess for the burrough of montgomery in the county of montgomery , to serve in the parliament , to be holden at westminster the sixth day of march 1678. by the statute 27 h. 8. 26. it is provided , that for that present parliament , and all other future parliaments for this realm ; for every burrough being a shire town within wales ( excepting the shire town for the county of merionith ) one burgess should be chosen and elected for parliaments in the like manner , form and order as burgesses of parliament be elected and chosen in other shires of this realm ; and the burgess fees to be leavied and gathered as well of the shire towns as they be burgesses of , as of all other ancient burroughs within the same shires . by the statute of 35 h. 8. 11. it is enacted , for as much as the inhabitants of all cities and burroughs in every the twelve shires within wales , not finding burgesses for the parliament themselves , must bear and pay the burgesses wages within the same shire towns. that from the beginning of that parliament , the burgesses of all and every the said cities , burroughs and towns , which be , or shall be contributary to the payment of the burgesses wages of the said shire towns , shall be lawfully admonished by proclamation , or otherwise by the mayors , bailiffs , and other head officers of the said towns , or by one of them to come to give their elections for the electing of the said burgesses at such time and place lawful and reasonable , or shall be assigned for the same intent by the said mayors , bailiffs , and other head officers of the said shire towns , or by one of them : in such elections the burgesses shall have like voice and authority to elect , name and choose the burgesses of every the said shire towns , like and in such manner as the burgesses of the said shire towns , have , or use . and the justices of the peace of every the said shires , by the same act have power to allot and tax every of the said cities , burroughs and towns for the portions and rates that every of the said cities and burroughs shall bear and pay towards the said burgesses ; and the said rates so set in gross by the justices of the peace , shall be rated on the inhabitants of the said cities and burroughs , by four or six discreet substantial burgesses of every the said cities and burroughs to be named by the head officers thereof , and to collect and pay over the same to the said burgesses . the said town of mountgomery , by the said statute 27 h. 8. 26. is named and appointed the shire town of the said county of mountgomery , and the burroughs of llanidloes , pool and llanvylling , are three ancient burroughs of the same county ; and the burgesses thereof heretofore used to have their voices at the elections of the burgesses for the said shire town , with , and like as the burgesses of the same shire town of themselves , had and used : and for that purpose convenient notice was usually sent from the bailiffs of mountgomery to the said three other burroughs , of the time and place , when and where such elections were to be made . the sheriff of the said county having on the 10th of february 1678. received his majesties writ for summoning his parliament to be held at westminster on the 6th . day of march following , and for choosing a knight for the said county , and a burgess for the said burrough , to serve in the same parliament ; did immediatly the same day send away his mandate to the bailiffs of mountgomery , to do and execute what appertaineth to them in that behalf . the bailiffs of mountgomery being wrought upon by some great persons in that neighbourhood , on whom they had dependance , to surprize the said three other burroughs of llanidloes , pool and llanvylling , by not giving them notice of the said election of a burgess for the said burrough , and privately by some of the burgesses of their own town to elect one matthew price esq to be burgess : and having in prospect , that if the burgesses of the said three other burroughs would appear , they would by majority of voices elect another person , and not the said mr. price : they the bailiffs of mountgomery in pursuance of that unjust practice and design , did not send notice of the said election to the said other burroughs , but only made proclamation at the town of mountgomery on the 17th of february , that the election was to be made at 8. of the clock the next morning ; and by that means so surprized the burrough of lanidloes , being 14 miles distant , that none of their burgesses , did , or could attend at the said election . yet some of the burgesses of the said burroughs of pool and lanvelling being at a nearer distanee to mountgomery , having casually some few hours intimation of the said intended election , appeared at the same election , and with them joyned also some of the burgesses of mountgomery , which made up in the whole 219 voices , all for the said edward lloyd esq to be elected for the said burrough , and so declared themselves , at the said election and prayed the poll. the bailiffs of mountgomery perceiving , that if they admitted the burgesses of pool and llanvelling there present , to poll , that then the majority of voices would be for the said mr. lloyd , did only poll the burgesses of mountgomery upon a list of their own preparation , of whom only 82. voted for the said mr. price , being the major part of the mountgomery burgesses then present : and thereupon the bailiffs closed the poll , and declared and returned the said mr. price to be burgess , wholly rejecting the votes of the said burgesses of pool and lanvelling then present , pretending for a reason for their so doing , that none but the burgesses of mountgomery had right , or should be admitted to vote at the said election , though the said burgesses of pool and lanvylling insisted upon , and earnestly pressed to have their voices received for the said mr. loyd , who had voices there for him as they were upon a just account , and can be made appear in the whole with those of mountgomery burgesses , who voted for him 219. whereas there were but 82. votes in the whole for the said mr. price . now in regard the said election was made by surprize , whereby the burgesses of lanidloes could not attend the same for want of notice , who intended if they had been present , to elect to the said mr. lloyd burgess , and that notwithstanding the said surprize , mr. lloyd had the majority of voices of burgesses present at the said election for him , if the said votes of the burroughs of pool and lanvylling had been received and not rejected as aforesaid ; and for that by the said undue means and practice of the said bailiffs of mountgomery , the said three other burroughs have not only lost the benefit of their voices in a free election at this time , but the same may be drawn in precedent against them in future elections . notwithstanding by the very express words of the statutes ( being ancient burroughs within the said county ) they have an undoubted right to give their voices in all elections and are lyable and contributary to the wages of the respective members elected , have alwayes been so , and ever from the making of the said statutes without dispute or question had notice of , and did give their voices in all elections . they humbly petition . that the said mr. price may not be received to sit as a member in parliament , being unduly elected as aforesaid . that the said mr. loyd who had the majority of voices , may be returned , and stand elected burgess for the said burrough . or that the said undue election of mr. price may be void , and a new free election granted . or such other releif in the premisses as to the great wisdom of the honourable house of commons shall seem just and meet . to the parliament of england the humble petition of the mayor, aldermen, and commons of the city of london, in common-council assembled. city of london (england). court of common council. this text is an enriched version of the tcp digital transcription a94568 of text r211622 in the english short title catalog (thomason 669.f.23[61]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a94568 wing t1580 thomason 669.f.23[61] estc r211622 99870333 99870333 163717 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a94568) transcribed from: (early english books online ; image set 163717) images scanned from microfilm: (thomason tracts ; 247:669f23[61]) to the parliament of england the humble petition of the mayor, aldermen, and commons of the city of london, in common-council assembled. city of london (england). court of common council. 1 sheet ([1] p.) printed by iohn redmayn in lovells-court in pater-noster-row, london : [1660] imprint from wing. the petition of the mayor and commons of london in common council assembled, that the militia of london may be forthwith settled in the hands of citizens of known integrity and interest in the city. annotation on thomason copy: "feb. 24 1659". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. london (england) -militia -early works to 1800. a94568 r211622 (thomason 669.f.23[61]). civilwar no to the parliament of england: the humble petition of the mayor, aldermen, and commons of the city of london, in common-council assembled. city of london 1660 308 1 0 0 0 0 0 32 c the rate of 32 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 apex covantage keyed and coded from proquest page images 2007-07 robyn anspach sampled and proofread 2007-07 robyn anspach text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the parliament of england : the humble petition of the mayor , aldermen , and commons of the city of london , in common-council assembled . sheweth , that the petitioners in a deep sense of what the city of london hath lately suffered by misapprehensions of their affections to the parliament of england , ( to which in all times they have constantly adhered ) do humbly adore that gracious god , who hath so mercifully restored this honourable parliament to the exercise of their trust , for this cities just vindication , and their and the nations deliverance and preservation : and do with unfeigned thankfulnesse acknowledge the happy concurrence of this honourable house , in their late worthy and prudent resolves , in order to the general settlement of the nation , and for your tendernesse to this city , in enlarging their late imprisoned members , restoring their common-council , and ordering their gates and portcullisses , posts and chains , to be repaired at the publick charge , by all which signal marks of honour , and respects to your petitioners , they do find themselves fully drawn forth into duty and affection , to tender to this honourable house , their sincere and most ready service in all the capacities god hath put them in , for the maintenance of your parliamentary authority , and safety of your persons : and your petitioners hope they neither have , nor shall forfeit that confidence , which the parliament hath alwaies had of them . the petitioners do therefore humbly pray that the militia of london may be forthwith settled in the hands of citizens of known integrity & interest in the city , and your petitioners shall pray , &c. sadler . london printed by iohn redmayn in lovells-court in pater-noster-ro●● a sermon preached before the late king james his majesty at greenwich the 19 of iuly 1604 together with two letters in way of apology for his sermon : the one to the late king iames his majesty : the other to the lords of his majesties then privie councell / by john burges ... burges, john, 1561?-1635. this text is an enriched version of the tcp digital transcription a30293 of text r313 in the english short title catalog (wing b5720). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 63 kb of xml-encoded text transcribed from 16 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a30293 wing b5720 estc r313 12625632 ocm 12625632 64627 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a30293) transcribed from: (early english books online ; image set 64627) images scanned from microfilm: (early english books, 1641-1700 ; 251:e145, no 5) a sermon preached before the late king james his majesty at greenwich the 19 of iuly 1604 together with two letters in way of apology for his sermon : the one to the late king iames his majesty : the other to the lords of his majesties then privie councell / by john burges ... burges, john, 1561?-1635. [2], 29 p. printed by thomas brudenell, london : 1642. reproduction of original in thomason collection, british library. eng james -i, -king of england, 1566-1625. england and wales. -privy council. bible. -o.t. -psalms cxxii, 8-9 -sermons. a30293 r313 (wing b5720). civilwar no a sermon preached before the late king james his majesty, at greenwich, the 19. of iuly, 1604. together with two letters in way of apology f burges, john 1642 12280 35 0 0 0 0 0 29 c the rate of 29 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2006-05 tcp assigned for keying and markup 2006-10 spi global keyed and coded from proquest page images 2007-11 elspeth healey sampled and proofread 2007-11 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a sermon preached before the late king james his majesty , at greenwich , the 19. of iuly , 1604. together with two letters in way of apology for his sermon : the one to the late king iames his majesty ; the other to the lords of his majesties then privie councell . by john bvrges minister of gods word ; since doctor of divinity and parson of sutton cofield in warwickshire . london : printed by thomas brudenell , 1642. a sermon preached before king james his majesty , at greenwich , the 19. of iune , 1604. the text , psal. 122.8 , 9. for my brethren and my neighbours sake , i will now speake peace unto thee : because of the house of the lord our god , i will procure thy wealth . the title of this psalme shewes the excellency and author of it : a song of degrees , a psalme of david . the psalme it selfe is gratulatory : davids gratulation to and for the good estate of ierusalem , the metropolitan city of his kingdome . in which he first professeth his joy for the present good estate thereof , and demonstrates his care for the future . that which he rejoyceth at in the present condition of it , is ; first , the forwardnesse of the people to gods service : secondly , the good estate of the city , which was built as a city united , made ierusalem of iebus and salem , the fort of the iebusites being subdued by david , and by building united into one city , now at peace ; in which also religion was set up , yea the staple of religion ; for thither the tribes went to worship ; and justice also , yea the royall seats of justice . the demonstration of care for the good of that city hereafter , hath in it two branches . the kings incitation to all his subjects to pray for the peace of it ; and he sets them downe a forme of praye● : the holy ghost knowes well enough how to pray in a set forme . the second thing is his owne promise , as it were his magna charta , the kings great charter , for the good of ierusalem , in the words now read . a great charter , but in few words , which yet are massie and weighty , containing the kings grant in the word of a prince to gratifie ierusalem in two things . first , to use her kindely : and secondly , to procure her wealth . to both which he addeth his reasons ▪ as we shall see in their places . the promise of kinde and gracious usage is not so plaine in the words of our translation , as in the originall ; for where the translation saith , i will wish thee prosperity , the originall saith , i will speake peace . a speech that every where as well as here , signifies all kinde usage , under one speciall kinde of it , that is good words . so psal. 28.3 . where david speakes of some that speake peace to their neighbours , but malice is in their hearts , they speake friendly . psal. 85.8 . god will speake peace unto his people ; that is , will use them graciously . and in hester 10.3 . it is said of mordecay , he spake peaceably , saith the translation ( peace , saith the originall ) to all his seed . whereby it may appeare that the first parcell of the kings grant , is to use his people graciously , to speake peace unto them . in which parcell ( if we marke it ) be foure points . first , what he will doe ; i will speake peace . secondly , to whom , to thee , to ierusalem . thirdly , for what respect , for my brethren and companions sake . fourthly , when ? now : but that when is indeed why , as we shall after heare . 1. touching the thing what we learne in davids example . first , that it is the office and care of good princes to speak peace unto their people . they are fathers , a title as of power , so of love , to teach them to use their subjects as children . they are masters , but saith paul to masters , ephes. 6. know , that even your master also is in heaven . the greatest kings are servants to the great king of kings ; let them use their servants as they would be used of their master graciously . to this end , because the disease of princes oftentimes is the swelling of heart , and to dye upon such swellings , it pleased god in the 17. of deutrinomy both to restraine them from windy and swelling meats , forbidding such multitude of chariots and horses as might lift up their hearts above their brethren , so as to make them forget that they are men and rule over men : and also to give them a dyet , the booke of god to meditate upon , which is able to moderate and temper the heart of any prince ; without which no kings heart , no mans heart can be good as it ought . secondly , now as it is a duty of princes to speake peace , so it is an ornament unto them . curtesie is a christian vertue , commended to all men in the epistles to the ephesians and colossians . that which is curtesie in a subject , is graciousnesse in a prince : a vertue of the same kinde , onely advanced to an higher place by the dignity of the person . and it is an ornament that becomes none so well as princes , the images of the gracious god , whose deputies they are , whose titles they beare . it was truly said of pythagoras , that in two things specially we imitate the nature of god , truth and goodnesse . a prince faithfull of his word ▪ and gracious to his people , is a goodly image of god . we see that in greater maps things are expressed more plainly then can be in the smaller ( though they be drawne by one skill ) so in the greatest personages this ornament is fairest , when they that of all others have the best : warrant to speake roughly , shall speake peace . thirdly , and as it is a duty and an ornament , so is it a bond , and one of the best that princes have to obliedge the hearts of their subjects unto them . it is therefore noted of mordecay as the ground of his acceptance among the multitude of his brethren , that he did these two things ( which the king here promiseth in his charter ) he procured the wealth of his people , and spake peace unto all his seed . the strength of this course , to melt the heart of the subjects , appeares in david in 2 sam. 19. who understanding the minde of the ten tribes to fetch him home againe , takes the watch-word , and sends to the men of iudah this message , why are you behinde to bring the king againe to his house ? ye are my brethren , my bones and my flesh are ye , wherefore then are ye the last that bring the king againe ? and to amasa this protestation , god doe so to me and more also , if thou be not captaine of the hoste to me for ever : to lead the army for him , that had led it against him ; what was the effect ? he bowed the hearts of the men of iudah , as one man , saith the text . such strength hath the gracious usage of a soveraigne in the hearts of good subjects . againe , ioab knew well what strength was in the kings good speeches , who ( finding the king so wounded for absolon , that he retired himselfe , as if he had lost a kingdome that very day , in which the kingdome was recovered , so as the people also stole away , as men that had lost the battell ) comes to the king ( and after other expostulations , rougher then became a subject to his soveraigne , yet wholesome for that time ) come out , saith he , and speake comfortably unto thy servants , for i sweare by the lord , except thou come out , there will not tarry one man with thee this night , &c. nor hath the holy scripture alone this observation , but even among the heathen ( that it might appeare a truth which nature is not ignorant of ) we finde it still observed and recorded as a meanes that drew the hearts of the people to their princes . thus suetonius notes of titus , that he had that of nature or of fortune , good luck , as we say , to win every mans good will : and among many things , reports this one gracious speech of his , that no man should goe away sad from speech with a prince . the like of augustus , as the meanes that setled him in the hearts of the people , and by name this one observation ▪ that when a poore man offered him a petition trembling ▪ he encouraged him , and said , petitions should not be given to a prince as meat to an elephant , that one is afraid of . the like of traian . antoninus , and others is reported , which i forbeare to recite . all shewing , that it was observed as a meanes of gaining the affections of the people , to speake peace unto them . fourthly , and on the contrary , to doe otherwise is not safe , neither at the entrance , nor when a prince is setled . for the entrance , rehoboam is a witnesse , who being a yong king followed yong mens counsell ( indeed yong counsell though old men had given it ) and as they bad him , told the people , his father had scourged them with rods , but he would beat them with scorpions ( that is , say some , with whips which have wires in the lashes ends , to make them bite where they goe ) his little finger should be heavier then his fathers loynes . the old men had given him better counsell , to serve the people that day , and give them good words , and the people would be his servants for ever . but this good counsell would not downe with the yong king ; what was the end of it ? why , when the people saw that they were not regarded , they left him , and bad the house of david looke to it selfe . thus for want of speaking peace , he put himselfe out of the greatest part of his kingdome . and for an established state , we have a story of caesar , that after he was growne great and strong in his state , yet his very speeches gave occasion of distaste , and conspiracy against him ; as by name , that he said , the senate ( for that i thinke is meant by respublica ) was but a name onely . this was a meane of loosing their hearts , and his owne greatnesse ; however god plagued those that conspired against him : as take this for a generall rule , god never spares those that rise up against princes , how evill so ever they be . finally , for this purpose comines hath a grave discourse in his fifth booke out of his owne observations ; i would i could speake it in his owne words , he speakes it so well , i will goe as neere it as i can : he tels what is the misfortun of a prince , it is not ( saith he ) to take a fall off a horse , or to be smitten with a sharpe ague , that is no misfortune to a prince ; what is it then ? when god will not suffer him to reigne ( that is a misfortune indeed ) but what be the prognosticates of it ? first , saith he , god smites him in his wits which is a great blow , he meanes not surely in his sences , but in his judgement ; then he sets division in his house ▪ and ( saith he ) the prince is so farre in gods disgrace , that he flyeth the company of the wise , and advanceth fooles , oppressours , and flatterers , and such as sooth him in all his sayings . if he take a penny , they bid him take two ; if he be angry with a man , they bid hang him . further , they give him counsell in any wise to cause himselfe to be feared ; and they also behave themselves cruelly and proudly , as though authority were their inheritance &c. this was that wise mans observation , which i have repeated ( as i thinke ) very neere in his owne words , to shew how princes loose the hearts of their subjects ▪ when they grow perswaded not to use them graciously . so then , whether duty , or ornament , safety or danger be respected , it appeares that david had good cause to promise , and all good princes to performe , gracious behaviour , towards their subjects . 2. we have heard what he promised : now let us heare to whom . to thee , saith he , that is , to all his people ; of which ( as was said ) ierusalem was an abridgement . to shew favour to some , hath bin in those that were worst noted . nero had his favorites , not worthy to be named . galbo had his three paedagogues , besides vimius the broker , that prevailed with galba as gold did with himselfe in any thing : and so others . but this is the princely goodnesse of christian kings ▪ to be good to all their good subjects . all are their subjects , therefore should have the sun-shine of their soveraignty : all are their brethren and companions as we shall after heare : companions in scot and lot ( as we say ) i meane in every burthen of their troubles ; and therefore should have so●e portion in the common comfort of their favours . and indeed this is kingly graciousnesse , to be gracious to all their good subjects ▪ and to doe good to all ; like the sunne that shines to all like christ that did good wheresoever he became . there is nothing more grievous to the subjects then inclosure of commons , or overlaying them when great men over-charge them so , that poore men can make no use of them for their reliefe : i say there is nothing more grievous , unlesse it be monopolies , and i cannot tell which of them is more grievous , but there is no inclosure of commons or monopolies so grievous as the inclosure and ingrossing of a kings favours , or to make a monopoly of a king . what then , would we have the favour of princes so common to all , that it should not specially abound unto some ? god forbid : for as the vitall spirits in the body goe to the least member , yea to the fingers end , yet are most plentifully bestowed where nature hath the greatest imployment of them . so it is fit that the favours of princes lying open as a common to all their subjects in their proportions , should be specially placed on men of chiefest use and desert . 3. we see what , and to whom , let us now see upon what respect . i will speake peace to thee ; sed quare ? ( saith augustin ) non propter honores meos , non propter pecuniam meam , non propter vi●am meam : not for mine honours , not for my treasure , not for my life ; but for my brethren and neighbours sake● . for thine owne sake i will speake peace unto thee . and indeed this is true love ; for love ( saith the apostle ) seekes not her owne things . and this is trve graciousnesse , and like the goodnesse of god himselfe , who is good to us for his owne goodnesse sake , and for our good , not for his : he gaines not surely by any match at our hands . for my brethren and companions sake . these very words have weight , and carry a secret reason of that respect for which he will speake peace unto them . they are brethren , not of the same wombe , but of the same nature in common : brethren by the mothers side , the common mother . companions ( for so the word signifies ) not in the court , but in the same countrey ; companions in the house of god , and in the convenant of grace , and in that respect brethren by the fathers side ; partners of that honour , which all good princes take to be ( and is ) their greatest honour , that they are the children of god . brethren in nature a thing which as no prince will deny , so none need be ashamed of , seeing christ himselfe , though he were the sonne of god , and thought it no robbery to be equall with god , yet in respect of the partnership in the flesh , was not ashamed to be called a brother , and to call us brethren , as the author to the hebrewes saith . this consideration is a great motive ; it was so to iob , he durst not contemne the judgement of his servants , no not of his maid , when they contended with him . for ( saith he ) what shall i then doe when god standeth up , and when he shall visit me , what shall i answer ? why so ? he that made me in the wombe , hath he not made him ? that is in effect , is he not my brother ? it yeelds a gracious meditation for christian princes ; as to thinke in time of famine , these that dye as starved , they are not dogs , they are my brethren : in the time of pestilence , this is not a murren of cattell , they are my brethren that thus perish : in the oppression of a poore man , this is not an horse overloaden ( which yet a man should pitie , though it were his enemies horse ) this is my poore brother , whom god made , whom christ dyed for . so in their lawfull suits and cries , these are not the cries of other creatures , nor of strangers , but of my brethren : how will my father take it at my hands if i the elder brother use not my yonger brethren graciously ? so we see in the kings grant , what , to whom , and for what respect he promiseth . of all which , the vse is first unto princes , then unto their servants about them , and lastly to all their subjects . as touching to use to the lords anointed , having dressed these things with so homely cookery , it will not become me to be a carver also to my soveraign lord ; but humbly , and in the feare of god doe beseech your majesty , to give me leave to apply this unto you in pauls words to timothy , consider what i say , and the lord give thee understanding in all things : yea humbly beseech your majesty to know your selfe , and your owne most gracious disposition , of which every man reporteth that speaketh with you in private , and still to use it , and to speake graciously to your loving subjects . and for the rest , it remaines also , that your majesty hunt away two beasts , the tame beast and the wilde , the flatterer and the false informer , which shall attempt to set off your sweet affections from any of your loving subjects . the second vse is to the servants that attend about the kings person , and to them it is a word of admonition , that seeing it is the office and duty of a king , and the desire and disposition of our gracious king to speake peace unto his people , they would take heed of doing any evill office betweene the king and his good subjects , by applying unwisely causticks to the sinewes : for if it be a cursed thing to set division betweene brethren , what is it betweene the father and the children ? assuredly to alienate , by any meanes , the heart of the prince from the people , or of the people from the prince , is a worke for the divell , and not for any of the kings good servants . and lastly , to us all , it is a word of incitation , that we should know what to be thankfull unto god for , that have a gracious prince to speake unto us ; and also to pray , that god would ever so dispose of the kings heart unto his people and all his people unto him againe , that as he came unto us with the greatest applause that ever prince entred with all , so he may continue with the greatest acceptance that ever prince had , and may make us but one onely mourning day , that is , the day of separation , like the mourning for good iosiah , for whom all israel lamented when he dyed . and secondly , how to beare our selves as loyall and dutifull subjects , with all reverence to the lords anointed , that we may be worthy of gracious usage . and if perhaps something fall out otherwise , let us remember that of salomon , if the spirit of him that ruleth rise up against thee , goe not out of thy place , take not the sturdy . consider thy selfe if thou be a master , how thou usedsts thy servants ; if a father , how thou art sometimes passionate to thine owne children : and then remember , that princes have greater provocations , greater power . and if there be something in them which may not be justified , yet the reverence and duty of subjects is to hide it , going backward . thus much for the first part of this charter . now come we to the other ; wherein he saith , i will procure thy wealth . the word signifies to seeke , but with all endeavours to obtaine , and therefore is well translated , procure ; that is , i will doe thee good . indeed it is a gracious thing to speake peace unto them , but more gracious to doe them good . we say in an homely proverbe , better meat without sauce , then sauce without meat ; yet ( no doubt ) two good things together are best . a childe that is hungry may be stilled a while with dandling and singing , but it must have the brest , or else it will not be contented long , good and gracious words please well , but good deeds , doing justice , seeking the common good , is that which gives the chiefe content unto the subjects . but why , saith he , i will procure ? had he not done it ? yes undoubtedly , but he will doe it still , he will doe it more : as he had also spoken peace unto them before , but will speake it still unto them . god hath given princes such power and meanes ▪ that they should , and might be continuall fountaines of goodnesse unto the people . but let us consider now more particularly this part of the kings promise . wherin first , what he would doe : and secondly , why. the thing , what , hath in it two branches . first , the very object of his care ; that is , their good . secondly , the manner of procuring it , noted in the word of seeking : which is a word of strong signification , and importeth all diligence and industry in seeking their good . for the former , let it be observed , that the good of the subjects is the charge of princes . for to this end hath god ordained them , witnesse the apostle , rom. 13. he is the minister of god for thy wealth , for thy good ; if then doe well , for thy comfort , if thou doe ill , for thy terrour , and yet therein for thy good : for it is as good for some to be terrified , as for others to be comforted . and indeed this is the proper greatnesse of kings and princes , that god hath made them the great instruments of common good . as if no blessing could be passed to his people but under the great seale of their office . a wonderfull honour unto them : for even as ioseph in aegypt was set over the corn , so as he might have relieved , or starved , not the egyptians onely , but the countries of the world neere unto it , in the time of famine ; and this ioseph was there for the second man in the kingdome . so princes are the second to god himselfe , in that god hath put into their hands to doe universall good unto their people . a goodly honour , which as it doth require great residence upon so great a charge ; so may it much encourage christian princes to doe their office , the benefit whereof is so universall . and if it might please princes sometimes to looke about them , and when they shall see a poore man labouring and toyling all day as a servant in base worke , and all for the backe and belly , or ( perhaps ) for a few poore children at home that cry for bread ; and then to think , good lord , how this man toyles , and all his worke is but for himselfe , where i labour not as a servant , but as a lord , in workes not base , but honourable ; and not onely have the good of it to my selfe , but am an universall good as a blessing sent of god to the whole land . such a meditation shall greatly encourage them to seeke the good of their people . i will seeke , saith he , that is use all diligence and endeavour . if princes seeke not the good of their subjects , it will not be found . great things will not be done without great labour ; if they seeke not , things will be other wayes done then they would , and ( which is the mischiefe ) other mens faults will be scored upon their accounts . it is said of galba , that many things passed under his name , of which he was innocent ; yet because he permitted them whom he ought to have brideled , or was ignorant of that which he ought to have knowne , he lost reputation , and opened the way to his owne overthrow . the fault was other mens , the blame his . if they seeke not , they may be abused by such as i spake of before , flatterers and misinformers , such as will alwayes be about princes to cast shadowes , and stand in the light of their best subjects : as ziba did to mephibosheth : unlesse princes be wise , as an angell of god to finde out the hand of ioab in the disguisings of the woman of tekoah . we have heard now what he will doe , he will seeke their good : but let us also consider , why : for the house of the lord . what is that ? the tabernacle , the temple being not built as yet . but how was that gods house ? doth the lord dwell in houses made of hands ? or could he be contained in a tent , that filleth heaven and earth ? surely no ; but because he did there reveale himselfe by sacramentall representations ; as princes sometimes marry by their pictures , he is said to dwell there , and that to be his house . the thing is , because of gods true worship and service , he will seeke their good . where ( i beseech you ) that it may be marked , that this should be the speciall end of procuring the wealth of the people , for the house of the lord , for the religion sake , and the true worship of god . indeed this is the speciall thing , to know god , and feare god aright . and if princes provide not this for their subjects , peace and traffique , and such like , makes no better provision for them , then is made for oxen in good pasture , nay not so good ; for an oxe therein hath all he needs , but a man without this , is left unprovided in the farre greater part , even in his soule . and as princes without this care provide not well for their people , so they provide but ill for themselves ; for they can have no certaine assurance of their subjects without it . the great bond of allegiance is an oath of the lord . what if a professed atheist take an oath , is hee bound ? he is not sui iuris . what if he that is an atheist in effect take an oath , one ( i meane ) that denies the power of godlinesse , that hath a dispensatory conscience and will make licences to his conscience , as roagues doe to themselves under hedges ? what if a man be a papist , that beleeves ( as he is bound by their rules to doe ) that the pope hath power at his pleasure , to dispence with an oath , and to dissolve any bonds ; hath the prince any assurance of such a subject , which hath his dependency upon the pleasure of a foraigne power ? it is true then that nothing can cast a sure knot upon the conscience of the subject , but the true knowledge and feare of god . so as when princes doe advance the good of gods house they establish the good of their owne all in one . i adde further in this point ▪ that which is to be observed in all the kings of israel and iudah , that their stories begin with this observation ( as with a thing first worthy to be chronicled ) how they dealt in matters of religion . such a king , and such a king , and what did he ? he did that which was right in the sight of the lord . and such a king , he walked in the wayes of ieroboam the sonne of nebat , which made israel to sinne . i spare to cite places , but it is the generall observation of those bookes of kings and chronicles , as they that read them know ; yea farther it may be marked , that as generally , when princes have forgotten to seeke the good of their subjects , to which they were ordained of god , god hath surely plagued them himselfe ; perhaps so much the more severely , because none may doe it but he ▪ and he will doe it throughly when he takes it in hand . so yet specially hath god humbled princes , and even povred contempt upon them , when they have contemned ▪ or forsaken the house of the lord . of this the scripture gives us examples ▪ as well in such as never advanced the house of god , as in those that fell off , in part or in whole . as we may see in the stories of iehoram , iehoas and even of salomon , whose fal i cannot name without trembling , to thinke that such a man so wise , that had spoken with god twice ( as it were familiarly ) i meane by vision , should in his old dayes be seduced , and fall to set up grose idolatry . as for iehoram , he refused the house of the lord ; god raised him up adversaries , and after smote him with a disease in his bowels , of which he died miserably , and when he was dead , his people made no mourning for him as for other kings : so he was neither happy living , nor honoured dead , because he sought not the good of his people for the house of the lord . iehoas also did well as long as jehoida his good councellour lived ▪ but when jehoida dyed , the kings goodnesse dyed with him . then the princes came to the king and spake reverently to him , and compasse him with good words as with a net ( for as salomon saith , he that flattereth a man , spreads a net for his steps ; ) he yeelds , and forsakes the house of the lord . but what became of it ? first , the aramires came and with a small band they overthrew a great army and slew the princes that had misled the king , and left the king himselfe in great diseases ; so that he was spared to live longer , to be ( as it were ) but longer in dying ; and yet at last his owne servants slew him : and when he was dead , they buried him not in the sepulcher of the kings , as not thinking him worthy of a kings sepulcher , that had not done a kings office for the house of the lord . i might speake of others and all to shew that god hath specially humbled princes , when they have forsaken or impugned his true worship ; doing executions upon them on as high a stage , as they played their parts on ; that their punishment , as their faults , might be of speciall height and note . i will adde one observation more , that through neglect of this care of religion , the power of christian princes was lost ; and while they put off to the prelates all the care of the house of god , god also cast from them their authority , and made them vassals . so they lost their greatnesse , and the clergy found it , and it hurt them both . it is ( as i remember ) a note of platina in the life of adrian the third , that after they had fully ingrossed the emperiall power , there was never since emperour of strength , or pope of vertue : so they lost both by it . and indeed , as the blood if it fall any way out of the veines too much , there is some danger , but if it fall into the body extra vasa , there is more danger , for there it will corrupt and putrifie : so was it with the supreame authority of princes , when they suffered it to fall unto the clergy ( as it were ) extra vasa . and here i desire to informe a mistery , a mistery of iniquity , to shew how from the authority usurped in ecclesiasticall causes claime is made to the whole power of princes . bellarmine saith in his fift booke of the roman bishop , a fourth and sixt chapters , that the pope hath nothing to doe with temporalties of kings , properly ( nay his word is directly , but he hath it indirect , indirectly ( as true as may be indirectly indeed ) . as how ? he may not ( saith he ) depose princes simply as a lord , but for the safety of soules , for the good of the church : so from the care of the church they challenge power over princes . good cause have princes then to maintaine their supremacy in causes ecclesiasticall , and to be jealous of that title , as also to use that power for the good of the house of the lord , lest if they cast away one moity , god cast away the other . and here may come in that last branch of the first part , which through haste i forgot which i desire might be of use , though it come somewhat out of the proper place ; i meane that time , that now , of which he said , i will speake peace . why now ? ment he that he would doe it out of hand , and keepe the word of a prince , which is to them as great a band as an oath of the subjects ? nay , but by this note of time ( now ) as illericus well observes in his clavis scriptura , not so much the time , as the circumstance of the time is often noted . and so it carrieth a reason why he would now speake peace unto them ; yea , and ( as i thinke ) why he would now procure their good , for the house of god sake . for i see not but that it may be referred to the whole grant , i will now speake peace unto thee , i will now procure thy wealth . but why now ? because the people were so forward ▪ and came thus to the house of god , and said , our feet shall stand in thy gates , o jerusalem . therefore in this float of good affections in the subjects , the kings heart is inlarged , and he promiseth now to speak peace , and now to seeke their good . wherein it is good to consider , that when god disposeth the hearts of the people to goodnesse , to religion , princes should specially cherish them and incourage them . it is noted of david in 1 chron. 29. that when the people offered willingly , the king rejoyced . of hezekiah also in 2 chron. 20. when he drew the people to jerusalem to worship , and they came and offered , that the king rejoyced that god had made the people so ready ; for the thing was done sodainly . and indeed then to use them graciously , and then to seeke their good for the house of gods sake ; when god hath best disposed their hearts , is a speciall meanes to cherish goodnesse it selfe ▪ and is the crowne of the benefit . we read of ethelbert ( that christian king of kent ) that he would compell none to religion , but he drew religious men about him , and countenanced them , and by that meanes increased them innumerably . and surely this is a worthy course to advance godlinesse and vertue , as strong as any compulsary meanes . because , every man ( saith salomon ) seekes the face of the ruler , which if no man could finde but in the way of godlinesse and honesty , none would seeke to finde in the way of vice and flattery . to this circumstance i adde , that as by the course of the moone , there be spring-tides at the change , and at the full : so at the change , if any man will change a false religion for the truth ; and at the full , if any man be growne to a full measure , such as we attaine in this poore life ; i meane , if any man be well thriven in goodnesse it is sit that spring-tides of favour should slow unto such . but now to returne to the consideration of the house of god , for which he will seeke their good . the very words carry their weight , and shew why he should specially seeke their good ▪ for the house of gods sake , and the good of the house of god : it is the house of the lord of jehovah ; should not that be cared for ? there is care of provision for the kings house , and good cause there should be so , and he is not worthy to be the subject of a good prince that should grudge it . now should there not be care for the provision of ▪ gods house ? he addes , our god ; that is , his god , and their god . he must needs seek their good for the house sake of that god which was their god . one god to both , one house of god to both , chara pignora : one god , one faith , one baptisme , one religion , the sweetest bands . and assuredly , whosoever should goe about to set up severall religions , should also goe about to sever the prince and the people . thus have i bin bold this day , but it is before the lord and before his anointed . now for the vse which belongeth unto my deare soveraigne ; i humbly beseech your majesty ( and speake it with a kneeling heart , as becometh me , and in the feare of god ) to stirre up your owne most noble spirit , and to set your heart to seeke the good of your people , for the house of god . god gave you as this day to be borne , for the good ( i am perswaded ) of all christendome . god hath brought you to this goodly kingdome , and established you in it , with wonderfull peace and acceptance : god hath given you goodly knowledge , and it appeares in publique how able you are , to teach all the duties of all kings . now i beseech your majesty remember what great things god hath done for you , and answer him in goodnesse , and set your heart ( as i know you doe ) to seeke the good of his people , and specially of the house of god : and be assured , that so long as you shall maintaine and advance the house of god , god will establish your house , and your posterity , so long as they shall uphold the lords true service , or else ( assuredly ) this word of god hath no truth in it . now for the house of god , that which is to be done , is , first to repaire it well ; and then to keepe it so . the repaire requireth two things : first , that the people be built up in knowledge . i thinke the kings majesty knoweth it not ( would god he did know it ) that there be very many of his poore subjects wonderfull ignorant : the people in many places are naked , and aaron hath made them naked , i meane the ministry : a naked ministry hath made a naked people : the lord helpe them and incline the kings gracious heart to pity them . the other thing for the repair of the house of god is that the inside of the lords house the gold of the temple be looked to ; i meane , that with knowledge there be joyned the power and practice of religion in a good conversation . and herein beseech the kings majesty to give leave unto his poore servant to informe him that , which perhaps he knoweth not , that ( from the occasion which some foolish , turbulent and proud spirits , spirits of separation have given ) there is a name of common scorne cast upon every man , that setteth his face towards the practice of true godlinesse : wherein , i beseech your majesty to consider , if the life and soule of religion be let out , what will become of the body of it ? will it not fall and grow ugly and rot ? and become a shame unto it selfe ? now as the things are to be looked to ▪ for the repaire of the house of god ; so to keepe it in a good repaire , two other things are to be cared for . first that the common enemy may be suppressed : it was a noble speech ( and blessed be god that put it into the kings royall heart ) to say , he would shed the last drop of his blood , rather then tolerate another religion . but the lord will not suffer one drop of that precious blood to be shed , that is prepared to be shed for him . the other thing , is to establish peace in the church it selfe . a worthy worke , and fit for a king . it is true , and all men know it , that while we have striven which way to entertaine christ best , as the tribes of judah and the ten tribes did , about the receiving , home of david their king , shebah the sonne of br●hri hath wickedly blowne the trumpet of seperation , and much hurt hath come in the church of god , by our unbrotherly and unfruitfull contentions , for which godly men have beene much grieved : the division of ruben were great thoughts of heart . but now ( thanked be god ) the hearts of men are more moderate , and disposed to peace , that a very little thing , a small matter ( as i am perswaded ) would establish this church of god in so good tearmes of peace , as it never saw . in which respect , i am bold to speake unto your majesty , but i speake unto a most gracious king , and to a wise king that can tell how to pardon things somewhat foolishly spoken , when they are spoken from a well meaning heart . i could speake it upon my knees , if the place would beare it , but my soule shall kneele before my soveraine : i beseech your majesty , take unto your selfe that princely worke to strike through a peace in this church of god ; i will not direct , but pray leave to tell a story ; it is reported of augustus the emperour , that supping with one pollio , he was informed that a servant of pollios had broken a christall glasse of his masters ; a foule fault if he had done it willingly , if negligently a fault : but for this the poore servant was adjudged to be cut in peeces , and cast to the fishes : a marvailous sore sentence for such a fault . the emperour reversed the sentence , and thought it punishment enough to the servant ▪ to have bin in feare of such a punishment ; and after breakes all the glasses , that they might not be occasion of like rigorous sentence afterwards . i will not apply it , but do humbly beseech your majesty to use your owne most godly wisdome , now to make peace in the church , when so small a thing will doe it : that so the bishops may love the poore ministers , as brethren and ministers reverence the bishops as fathers in the lord , as hierom adviseth , and every honest man wisheth they should doe . the second vse ▪ is to his majesties servants and attendants ; to whom i may speake more freely , but yet with reverence ( and as becometh me ) to beseech them , that ( seeing it is the office and desire of the king to seeke the good of his people , and specially of the house of the lord ) they doe their faithfull service herein to the king and take heed that they hinder not any of his godly purposes towards his people , or the house of god : curse ye mero●h ( said the angell of the lord ) curse ye the inhabitants thereof , because they came not out to helpe the lord , to helpe the lord against the mighty . if they were subject to a curse that came not out to helpe , what shall such be , as come out to resist , to hinder . the last vse is to us all , the kings loyall subjects , to stirre us up to be thankfull to god that hath given us a king that seekes our good and the good of gods house , and that we strive to walke worthy of such a blessing , in all loyalty and reverence . and if any man be otherwise minded , let the lords hand finde him out ; yea surely , it will finde him out , and make him an example . and secondly , this should admonish us , to serve god and please him , that so we lose not the benefit of a good king ; which the people sometimes doe for their owne wickednesse : as we read in 2 chron. 20. the high places were not taken away in good jehosaphats time ( who was a godly prince ) because the peoples hearts were not prepared to the god of their fathers . finally , seeing the hearts of kings are in the hands of god , as the rivers of waters ; it is our duty now and alwayes , to become humble sutours to almighty god , so to guide the heart of our gracious lord the king ▪ as he may ever seeke the good of gods people , and specially of the church of god , to all our comforts , and his owne immottall honour , and everlasting happinesse through jesus christ , to whom with the father and the holy ghost be honour and glory now and for ever , amen . fjnjs . the copy of the letter , presented with the copy of his sermon aforesaid , by master burges , to the lords of his majesties privie councell ( being convented before them for the same ) 22. iune , 1604. most humbly giving thanks unto your honors , for so gracious usage of me at my late convention before you , i now present unto you the copy of my sermon , preached before his excellent majesty . to say that there is no word added , abated or altered , were a speech not credible of a sermon penned since , and not before the preaching of it . but this j professe , before the god of truth , unto your honours , j know not where j have varied from my selfe in matter or manner of speaking , to the benefit of one word . and therefore , as in the preaching ( through a slip of memory ) j lost one whole branch of the first part , out of the proper place ; and recovering it afterward , did insert it in a place not so fit ; so have j willingly misplaced it now , as then unwillingly : yea , for some allegations , wherein j missed some words of the author , which j could now by the authors have supplied , j have chosen rather to shew the then failing of memory , then now to faile in that ( which is a point of honesty ) a just report of my speech , as j remember it , aecording to my promise to your honours . for the rest , j doe ( upon my knees ) beseech your lordships , to lay the whole together , before you censure the parts of it ; and to consider the generall doctrines respectively to his majesty , by mine owne particular applications to his royall person . as touching the to sparing acknowledgement of his majesties princely graces , and the unspeakable good we have by him , i humbly pray your lordships to beleeve , and i take god to witnesse , that i failed mine owne purposes therein : a fault in a speech unset , to one not acquainted with such a presence , contracted by the time , much more easie to commit it then excuse ; because it is as needfull to acknowledge to the full what we have received , as to incite unto that which is to be continued , or added ; lest we seeme captious rather , then zealous , of small things studious , of greater unthankefull . farther , my most honourable good lords , perceiving his majesty , out of his apprehensive depth , to be jealous of some secret purposes in me , to aime undutifull intentions to his majesty , under generall coverts , as i cannot deny unto his highnesse most just cause of indignation at me for ever , if i should have intended so , to a king , a christian king , my king , and in his presence , and before his servants ; so i wish the lord even so to give me favour with your honours , yea with his majesty , nay with christ at his ●oming , as my heart and purposes were upright to god , the king and state , in that service ; free from popularity , and from all purpose of depressing the glory of so worthy a prince , or depraving personally any of his highnesse servants . i doe also further crave leave to protest , that i had therein no intelligence , no conference with any man living ; but ran that course out of opinion , that it was my duty to speake before the king and state , of such things as the best kings and states shall have need to consider of , while the world standeth . as touching mine owne reverent heart , and particular opinion of his majesties gracious disposition , if my speeches to that end cleared it not enough , yet even that doth , which is made to accuse me , my freedome to speak of that duty so liberally before his presence ; an undoubted argument of good times , like those of trajan , wherein ( as it is said ) one might thinke what he would , and speake what he thought . howbeit , i am so sensible of his majesties distaste , as i could not out live the discouragement thereof , if the integrity of my heart before god in that poore sermon , and his majesties gracious readinesse to receive satisfaction did not relieve me . as for any construction of my speech by his mnjesties subjects , whom i have elsewhere and often taught , and incited to be joyfull , and thankefull to god for this favour , that ( not being best people ) we are blessed with the best king under heaven ; i should mourne not a little , if any spiderly minde , sucke poyson out of that ( not flower , but ) pothearbe , that had no poyson in it . and because it is matter of humbling , to be thought casually , and unwillingly the instrument of any hurt , i doe freely offer , that if the honest wise auditors will say upon their conscience , that my sermon incited them to lesse reverence of his majesty , or joy in him ; then to silence my selfe from preaching , to give up my maintenance , and ( if that be to little ) to depart my countrey ; in which yet , i had rather live under his majesty , poore as i am , then to abound in any other kingdome of the world . but what meane i to sentence my selfe ? i am in your lordships , to whom i submit my selfe with all reverence : nothing so much fearefull of any punishment , as sory to have grieved that royall heart , the joy , comfort and contentment wherof i wish and pray for , more then my life , as i am bound to doe ' and shall doe , whether his pleasure shall be to pardon , or punish his poore servant . and thus professing my selfe to have great cause already , to thinke the more reverently of your honors while i live , and to pray to god the more earnestly for you , i humbly crave leave of you , of presenting to your honours an account of my selfe for my twenty yeeres ministry ; which if i shall give untruly in any point , i aske no favour of your honours , no mercy of god himselfe : and for the rest , beseech god to make you as honorable in life , & happy in death as ever were any in your places . your honours in all humble duty , john bvrges . master burges letter to the kings majesty . most mighty king , my no lesse dear then dread sovernigne , i recount mine owne secret intentions in my sermon preached before your majesty , the dearnesse and tendernesse of my heart to your majesties person and honour , and the many prayers and teares spent upon it , that it might be faithfull , and acceptable to god and your majesty ; i am amazed at that distaste which your highnesse hath taken of it and of me . but when i review some ambiguous speeches thereof , in which your majesty had great reason to suspect undutifull intentions in me ; i wonder more at that divine providence , that carried me unawares upon such things , as gave occasion of distaste to your majesty , to me of humbling under your displeasure : which my sorrow should have bin the lesse , if your majesties dislike had broken out in a tempest of indignation , and not in a melting griefe of a sweet and princely spirit . now god even so deliver my soule out of all adversity , as i was farre from purpose of grieving my lord the king , and as my heart is wounded for the griefe of your heart . and yet unto this one affliction hath come another , that all that faithfull councell , which i meant to have conveyed closely unto my dearest lord , as a word in season , and which i thought my selfe bound unto , as i would answer it to god , to whom i had vowed it , is now spilt , and made not unprofibable onely , but intolerable , through an evill taste , which my supposed intentions gave unto it . and yet ( that my misery might want no weight ) there is this added , that whiles the markes which your majesty tooke notice of , were as much hidden from the common hearers sight , as they were from mine owne thoughts , i am judged to be now committed for the doctrines , which were found and generall , and never out of season for any state . and so ( as i spake to the lords with teares ) i am casually an occasion of that which is no honour to your majesty ; for whose honour i entended that service , and desire to sacrifice all things but my soule . and these are the respects for which your poore prisoner is abased . as for imprisonment , it is , in a sort but to be locked up in my study , and death it selfe were but to fall asleepe : nor can i be disgraced in the world , in which i never had or sought gracing . now for remedy , i have but two receipts ; the one of prayer to god , that can recover your favour to me : the other , of humble suit unto your majesty for reliefe , not so much out of prison , as out of your majesties displeasure . together with which suit , i doe humbly present unto your majesty , upon my knees , an account ( more sincere then cautelous ) of such things as your highnesse desireth to be answered in . first , some things i spake in mine owne phrase unpremeditate , as that of the swelling of princes hearts , &c. and of their mariage by their pictures : and some things i aleadged out of comines ; as of a fall from a horse , a sharpe ague , smiting in the wits , division in the house , &c. in all which , i take god to witnesse against my soule , if i had any thought of aiming at , or so much as knowledge of those respects , which i was conceived to glance upon , but spake therein as balaams asse did , to his masters understanding , not to his owne . secondly , for the generall discourse of the graciousnesse of princes to their subjects , and the arguments and amplifications thereof , i confesse upon my knees unto your majesty , that taking notice ( to my hearts griefe ) of the generall murmurings and complaints ( which every man heares sooner then your majesty , or your neerest servants ) as that you grace not your people , you speake not to them , you looke not at them , you blesse them not ; and therefore ( say they ) you love them not ; fearing whereto the divell might carry such conceits , i thought my selfe bound in conscience as on the one side by sundry sermons , and in sundry places , to reprove all unthankfull and undutifull thoughts toward so gracious a king ; so on the other side in your owne presence , to propone such generall discourse , as your majesty might make use of , for your owne good and all ours that live ( as it were ) by your breath ; and yet without touch to your reputation in your peoples hearts . for which , i not onely did intend , but so provide in my particular applications to your majesty , as i dare say , that the honest hearers did reverence you the more ; as many testified at the instant , by their teares : arguments of good and not of bad affections toward their soveraigne . thirdly , and as for my speech of two beasts to be hunted away , the tame beast and the wilde , the flatterer and the false informer , being an allusion to a speech of diogenes ; i protest upon my knees unto your majesty , i ment not any two particular persons , but kindes of such evill instruments : of which ( there is no doubt ) but your majesty hath more then two about you , though i know them not . fourthly , as to the point of the generality of a princes favours , and that simitude of monopolies used in discourse thereof ; i likewise upon my knees crave leave to protest , that i spake it not , as thinking your majesty to be strict hearted or handed ; or because i knew that some have ingrosed your favours ; but because that also is muttered of , as if your favours were not immediate , nor tole-free : and because it hath beene the ordinary mishap of the best princes to be so inclosed ▪ i thought it my duty , ad majorem cautelam , to advertise that under a generall discourse unto a wise prince , which i thought none could possibly , and certainly apply unto particularities , unlesse the fault were both certaine and open . fiftly , for the second part of my sermon , and that discourse of furthering religion ; i doe upon my knees crave leave to protest before the god of heaven , that i spake nothing as doubting of your majesties owne purposes and integrity of heart , or to detract from the honour of your former proceedings amongst us , which unhappily and unwillingly i forgot to relate : but because i thought it my duty to stirre up your pure minde unto those things which belong unto your royall power , and duty therein ; to which ( i confesse ) my heart moved me the more earnestly , because it is generally complained , that popery and licenciousnesse grow upon us ; that the new and unwonted urging of the ceremonies and subscription beyond law ( whereby six or seven hundred of the ablest ministers in the land are like to be put out ) the generall depraving of religious persons ( if they be conscionable ) under the scorne of puritanisme ; as if the body of religion standing upright , men would yet cut the throat of it : the connivency at papists and jesuites , and too little regard of religious men ; the dignifying of such in the church , as never were of best desert , gifts , and report ; the withdrawing of ecclesiasticall causes from the parliament ; though in present , and in your majesties dayes safe , yet in the president and succession of doubtfull consequence , computed with the insolencies and brags of the papists ; make many men sigh and grieve , and say in secret that these things may be the tracies to popery : and that though your excellent majesty intend the contrary , yet being in your owne purposes led out onely against dothan of the puritans , you may at last , unwillingly and unawares , finde your selfe inclosed in samaria of the papists . sixtly , as to the point of the good disposition of the people to be cherished by good princes ( which god knoweth i cast unwillingly into that latter part of my sermon ) i doe humbly confesse unto your blessed majesty , that the time gave me as good an heart , as the text did occasion to speake of it ; the rather , because i have perceived good mens discourses to this effect . surely , the undoubted affections of the most religious subjects , made the kings happy entrance amongst us , to be so open and so easie . others , when they saw it unpossible to resist , hasted to be before us in favour , as they were behinde us in affection : no otherwise then shemei came in first to salute david at his returne , that in his trouble went out to curse him : we were then ready with our lives in our hands , to have cut out his ma●esties way to the crowne , with our owne swords , and now are ready to dye for him , at any houres warning . good lord , what is it ? that we cannot be gratified in a suit so generally made , so easily , and not safely alone , but profitably granted ? and no lesse ( in our conc●i●s ) for the kings honour and safety , then for our common comforts and quiet of the church of god . seventhly and lastly , i doe upon my knees confesse unto your most excellent majesty ▪ that by pollios glasses , i did intend to notifie the ceremonies for which this church of god hath bin in vexation above fifty yeeres . and though they be small things , yet have they caused great troubles ; as light exhalations breed great tempests : and the course of religion hath bin much hindred by them , as is the way of a ship in the sea , by the little fish remora as plinie writes . things ( which i confesse ) i hold not impious but needlesse and scandalous , of some so extreamely hated of others so supersticiously affected , as a good man cannot tell , whether to please himselfe best , in pleasing or displeasing others . many hundred worthy ministers thinke them unlawfull , and would surely dye , rather then use them ; some others will much more willingly performe their subjection to your majesty , in bearing the penalty , then suffer by their occasion so many to fall off to brownisme on the one hand , and others to rise up in scorne , and contempt of their lightnesse , on the other . thus is the state of the poore ministry , like that of the britons , betwixt the sword of the saxons , and the sea : in which case , most noble prince , i protest to god ▪ i durst not but speak ( by way of supplication ) before your presence more then ever i spake before the people ; for what knew i , whether god had brought me thither for that time ? and whether the kings ma●esty would hold out his golden scepter unto me ? and thought this motion the more seasonable , because the things yeelded upon suit for peace sake , might goe out with flying colours , one side satisfied with their justification , the other gratified with their remove ; both reunited within themselves , and strengthned against the common enemy ; the frame of the present government being still continued with good approbation , and confirmed by our inward peace . these motives , most dread soveraigne , led me into that course which i tooke , was without counsell or conference with other person or persons . now durst i prefer mine own possibilities of attaining the princes service to this duty . in all which , i had no unreverend thought in my heart , to compare my soveraigne to any of those evill examples , which i alleadged in my discourses . for the rest , i could onely plead ( as luther before the emperour ) for pardon of rudenesse , that i have not beene acquainted with the tender eares of princes ; but doe onely beseech your majesty , for christs sake , to pardon the errours of my love unto you . beseeching god to blesse your majesty , and all your progeny , and to make your name more honorable , then the name of all the kings your predecessours in this land . your majesties most loyall subject , and poore prisoner in the fleet john burges . the army harmelesse: or, a dispassionat and sober discussion of the late and present proceedings of the army, under the command of his excellencie, sir thomas fairfax. wherein the equity and unblamableness of the said proceedings are demonstratively asserted, upon undenyable principles and maximes, as well of reason, as religion. goodwin, john, 1594?-1665. this text is an enriched version of the tcp digital transcription a85383 of text r201703 in the english short title catalog (thomason e398_27). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 67 kb of xml-encoded text transcribed from 16 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a85383 wing g1150 thomason e398_27 estc r201703 99862203 99862203 114354 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a85383) transcribed from: (early english books online ; image set 114354) images scanned from microfilm: (thomason tracts ; 63:e398[27]) the army harmelesse: or, a dispassionat and sober discussion of the late and present proceedings of the army, under the command of his excellencie, sir thomas fairfax. wherein the equity and unblamableness of the said proceedings are demonstratively asserted, upon undenyable principles and maximes, as well of reason, as religion. goodwin, john, 1594?-1665. [2], 29, [1] p. printed for john pounset, and are to be sold at his shop, at the signe of the hand and bible, at the lower end of budge-row neere dowgate., london, : 1647. attributed to john goodwin; "attribution uncertain; [mcalpin collection copy] bound in a volume marked 'goodwin's tracts'"--mcalpin catalogue. annotation on thomason copy: "july 16". reproduction of the original in the british library. eng england and wales. -army -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a85383 r201703 (thomason e398_27). civilwar no the army harmelesse: or, a dispassionat and sober discussion of the late and present proceedings of the army, under the command of his excel goodwin, john 1647 12148 29 30 0 0 0 0 49 d the rate of 49 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-09 tcp assigned for keying and markup 2007-09 apex covantage keyed and coded from proquest page images 2008-02 john latta sampled and proofread 2008-02 john latta text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the army , harmelesse : or , a dispassionat and sober discussion of the late and present proceedings of the army , under the command of his excellencie , sir thomas fairfax . wherein the equity and unblamableness of the said proceedings are demonstratively asserted , upon undenyable principles and maximes , as well of reason , as religion . matth. 12. 3. 4. 5. but he said unto them , have yee not read what david did when he was an hungry , and they that were with him ; how hee entred into the house of god , and did eate the shew-bread , which was not lawfull for him to eat ( viz. in ordinary cases ) neither for them that were with him , but onely for the priests ? or have yee not read in the law , how that on the sabbath-daies the priests in the temple prophane the sabbath , and are blamelesse . plus togae laesêre rempublicam , quam loricae . tertul. proteus non reddit oracula , nisi alligatus . london , printed for john pounset , and are to be sold at his shop , at the signe of the hand and bible , at the lower end of budge-row neere dowgate . 1647. the army , harmelesse . or the equity and unblamablenesse of the army under the command of his excellencie sir thomas fairfax , clearely and briefly demonstrated and asserted , as well upon grounds of reason , as religion ; with all materiall objections answered . vpon the first greeting between me and this saying , that may seeme manifestly true to one man , which to another appeares manifestly false . i was for a while , under some demurre , what i should make of it , treasure or coales ; the face , and first interview of it , promised ( me thought ) somewhat more then ordinary ; so that i presently apprehended , there was either some weight and worth of truth in it , or else some deluding notion of errour , of dangerous consequence . but upon a little recollection , and consideration had ; partly , of many serious , ( i wish there were no ground to say sad ) doings in the world ; partly , of some things which i had learned both from god and men , effectually perswading the truth of it ; i soone subscribed , and received it into the society of those unquestionable principles and maximes , which are in many cases of difficultie and obscurity unto others , the sweet , lightsome , and stable supports of my soule . i could not ( nor yet can ) imagine how it should be possible for the party of presbyterian ingagement amongst us ( at least for many of them ) to act with that 〈◊〉 and truculencie of spirit for their way , did they not conceive it to be manifestly the best & most agreeable to the word of god . nor can i , on the other hand , judge , but that the persons , who suffer in that extremity , which many do , and are like to do further , for their non-comportment with that way , conceive , and judge the same to be manifestly sinfull , and altogether ( taking the whole contexture and modell of it ) repugnant to that word . and so againe , when i consider , what the spirit of the most and onely wise-god affirmeth , saying , that a a gift doth blind the eyes [ even ] of the wise , and perverteth the words [ even ] of the righteous , ( with much more of like import ) and what knowing and considering men frequently teach , in such sentences as these . b there is nothing sound in a servile soule , nor is it worthy a man of wisdome to beleeve what such shall say . and again , c jupiter deprives men of halfe their wits or understandings , when he subjects them in a servile way , to the will and power of others ; with many other sayings of like tendencie with these ; when i consider ( i say ) the native and cleare consequences and issues of such assertions as these , wherein both god and men agree , i fully and convincingly apprehend , how , and in what cases , it is very possible , that men servile to their affections , and under the command of sinister and ignoble ends , may judge both such doctrines to be manifestly false , and such practises manifestly unjust , which unto men , who know no interests , but those that are honourable , and of a faire and full consistency with the publike good of men , seeme ( and are , according to truth ) the one manifestly sound , orthodox , and true ; the other , as manifestly righteous , and no waies trenching upon the due rights , or regular interests of any man . §. ii. though unto me , and many thousands more in the kingdome , the tenour of the present and late proceedings of the army is , not only unquestionably just , but emphatically honourable also , and worthy men whose soveraign ingagements are , to blesse the world with whatsoever is theirs , with all they are able to doe , or suffer . yet is it no offence unto me ( nor i trust unto many others , though sorrow and sadnes of heart in abundance it be unto us ) to heare and see , both the persons and actions of these deserving men persecuted , with the the tongues and pens of some others , as if the heavens had declared against them and written the iniquity both of the one , and the other , with a sun-beame . the knowledge of the cause causeth as well the offence , as admiration , of the effect to cease . say we not well ( said the unbeleeving iewes unto christ ) that thou art a samaritan and hast a devill ? a doubtles these iews were as confident of truth in these horrid imputations , which they cast upon the lord christ , as any anti-armists amongst us , of what gowne soever whether sacred or civill , can be of any such injustice or impiety in the army or proceedings thereof , whereof they accuse them both before god and men , and that after the restlesse and importune manner of the grand accuser of the brethren , night and day , b yea and presumed they had as sufficient grounds for the averrement of their charge , in the respective branches of it , as these can have to found any , or all their fiery pleas against the army upon . and yet as the disciples of christ had sufficient grounds to judge their lord and master neither a samaritan , nor a man having a devill , notwithstanding the confident charge of the iewes against him in both , and by vertue of those grounds , were no waies troubled hereat , or shaken in their faith : so may the friends of the army have ( yea and have , de facto ) grounds and reasons in abundance , in the strength and pregnancy whereof to triumph , not only over the importune confidence of him , who in his heat seems to threaten the kingdome , that as many as will not be resolved by his queries , that there is rebellion , treason , repugnancy , as well to the lawes of the land , as priviledges of parliament , and what not in the proceedings of the army , shall be stigmatized as men unworthy of their nation ; but likewise over all other colours , pretences , semblances , pleas , counter-pleas , charges , challenges , arguments , insinuations , accusations , adjurations , conjurations whatsoever , wherby the said proceedings as hitherto they have bin tempered and carried on , either have bin , or can be , impeached or defamed . and as the disciples of christ had so much the lesse cause to suspect their master for any thing charged upon him by the jewes , because his great interest ( which hee prosecured home , and with all faithfulnesse ) was to oppose them in their wayes of ignorance , pride , and blood ; so have the well-affected to the army , far lesse cause to be jealous of the innocency or integrity thereof , notwithstanding the many criminations , and sore accusations levied against it , considering the principall interest which the army drives , is to seperate between those men , who now rise up so full of indignation to oppose it , and their beloved lusts of oppression , tyranny and domination , and that in such a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} or juncture of time , when they were rising up to take possession , and their hand stretched out to lay hold on the prey , making no other account but that the bitternes of all opposition and prevention had bin now past . it would be no marvell to heare an hungry lion roare , in case the prey were taken away from between his teeth . as the same son was a ben-oni , a son of sorrow to his mother ( his birth threatning and soon after effecting her death ) who was a benjamin , a son of the right hand unto his father , a who expected strength and support by him ; so is it no marvell if the same men , be sons of deepest offence unto those who are like to suffer the losse of their hopes by meanes of them , ( no lesse haply then a constructive death unto them ) and yet sons of uprightness unto others , who have cause to expect ( through the blessing of god ) light , and life , and strength , both for themselves and their nation , from their hand . and as the name ben-oni , which the mother in the bitternesse of her soule , gave unto the child we spake of , soon vanished , the child ( as it seems ) being called by this name only by his mother ; and this but for a short season neither , whereas the name of benjamin which his father gave him , continued , and was the name by which he was generally called and knowne , whilst he lived , and is to this day : in like manner , it is not to be doubted , but that also those names of dishonour , unjust , unrighteous , disobedient , rebellious , &c. by which the army is called by the party agrieved at their proceedings , will soone vanish and be forgotten ; and that those appellations of honour , valiant , wise , just , faithfull , religious , denyers of themselves , lovers of their country , &c. by which they are known and called by their friends , will stand by them , and be a memoriall to them and their proceedings , throughout all generations . §. iii. but that we may not seem only to crosse affections with their adversaries , and setup our love in termes of honour , against their hatred of them which utters it selfe in words of disparagement , we shall be willing to close and joyn issue with them in a sedate serious examination and debate of the cause it selfe , not doubting but to make it more then to appeare , that those who justifie their proceedings , doe it not so much out of interest , or affection , or out of light colourable pretences , or passionate exclamations ( such as are seldome wanting wheresoever interest and affection goe , whatsoever the cause be , especially , if reason be not at hand to protect it ) but out of cleare and solid grounds , and such considerations which have no communion with any interest , passion , or affection whatsoever , except it be with the love of evidence and truth , together with all those pleasant and desirable things , which naturally flow from these unto the world . §. iv. first then , from that great and soveraigne law , or ma●me of state , the equitie , or authority whereof ( i presume ) was never yet questioned , or opposed by any , i reason thus : if the safety of the people , be the saveraign and supreme law , whereunto all lawes , customes , priviledges , politicke constitutions , interests of princes and rulers whatsoever , ought to give place , then have the army done nothing but what is justifiable , yea , and what was their duty to doe , in the things for which they were accused by many . but the safety of the people is the soveraign and supreme law , where●●●● all lawes , &c. ergo . the minor though for the 〈…〉 of the 〈…〉 of the earth deny plainly enough in works , and many of their parasites , in the consequentials of many unsound doctrines and positions which they assert : yet because i never heard of any man that denied it face to face , we shall ( for the present ) supersede the proofe of it . the consequence in the major proposition , i argue and debate thus . the army in all they have done ( i mean , in the matter under contest ) have no waies violated or transgressed that supreme law , and consequently have not transgressed any other law subordinate to it , or depending on it ; and so are blamelesse . for in every combination or subordination , whether of persons , or of things , no inferiours , or subordinate , whether person or thing , can be injured , but that which is supream or first in either , must needs partake thereof , and suffer wrong also ; yea , the truth is , that the whole subordination , and that in every part or member of it suffers wrong , whensoever any one part or member of it so suffers : the meanest subject in a kingdome or state cannot be injured , without injury and wrong done to the prince , or supreame ruler of this state , so that if the prince be not injured , certain it is , that no subject under him suffered wrong . thus then evident it is , that if the army have done nothing in way of violation of that supream law , the safety of the people , neither have they transgressed any other . §. 5. that they have not transgressed that great law we speake of , is evident , because in what they did , they observed it and yeelded obedience to it , they acted for the safety of the people , what they did had a full and a clear concurrence herewith ▪ and tendency hereunto ; the safety and well being of the people of their land , was now laid upon the altar , ready to be offered up in sacrifice upon the service of some few mens lusts and interests ; upon the sight whereof they put their lives into their hand , and ingaged themselves for the rescue , what is , or reasonably may be objected against this argument , the sequell will answer . secondly , from that great law of nature , which obligeth every part or member of the body , to sympathize in taking the same care one of another , and to act according to their best interests , division , and coniunction , for the preservation and well-being of the whole , i reason thus . if the army were obliged to take care of , and to act according to their best interests for the preservation and well-being of the body of the kingdom , then are they not at all culpable for acting according to the tenour of their late and present proceedings . but certain it is that the army , as every other person and society of men in the kingdom , both were and are obliged to take care of , and to act according to their best interests , for the preservation and well-being of the body of the kingdom . therefore they are not at all culpable for acting according to the tenour of their late and present proceedings . the minor proposition in this argument also is unquestionable ; that which lies as a duty upon every particular member , corporation , or society of men in the kingdom besides , doubtlesse rests upon the same termes , and after the same manner on the army also . for what can be imagined should make the difference ? the connexion in the former proposition , this consideration avoucheth for truth . the best interest they had and that which was most , if not onely , probable to contribute any thing considerable towards the preservation of the nation , from those devouring evilis of oppression , slavery , and blood , which were now comming upon it like an armed man ; was to keep themselves in a body and posture of strength and power ; the common interest of petitioning , which was wont to operate effectually towards the healing of grievances of people with those upon whom they had cast the honour of making them their physicians , being now trodden and trampled under foot , yea cast into the fire and consumed by the physicians themselves . so that had the army bowed down their backs to a dissolution , they had devested themselves of that opportunity which both god and men had put into their hand to save their nation in a day of danger and extremity ; their disbanding ( the present {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and constitution of things in the kingdom considered ) had been a constructive surrender and delivering up of this nation into the hand of a more cruel servitude and vassalage then ever it served since it was a nation , to this day . never did a red and lowring morning with more emphaticalness of presage , portend a tempestuous day ; than the burning of the humble addresses and requests of the people , coming from their aggrieved and sorrowful souls , presage a season of tyrannie and blood , coming apace upon the land , yea even at the doors . when petitions are burnt , the petitioners are no lesse then threatned with the fire . the heathen poet said , offendunt nunquam thuro , precesque iovem ▪ with incense jove was ne'er incensed known , nor with the prayers of men bowing down . * when great men are highly offended with poor people , onely for making or acknowledging them for gods ( i mean for presenting their petitions unto them ) doth it not argue a most precipitate and unnatural inclination and disposition in them unto a micanthropie , cruelty , and blood ? if our a stronorners should descry the jovial and pleasant lustre of jupiter , exchanged into the fiery and menacing aspect of mars were it not enough to make them all turn astrologers and prophets of some portentuous and formidable disaster coming upon the world : it is the demand of an heathen , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it water choaks men what can they drink with safety . if petitioning , which is of all applications and actions the cleerest and most innocent , and that by men to whom the petitioned , yea , and the whose kingdom also , under god , owe themselves , their lives , and beings ; yea and unto men whose present investiture and authority being interpreted , is ( in one of the main and primitive intentions of it ) to receive petitions , and gra●●e petitioners ; yea moreover , if petitioning to such men by such men , not for half their kingdoms , nor for any thing likely to strain either their 〈◊〉 , or their bounty in point of condefcention , but onely for their regular and known hire , for that bread which they had dearly bought with their sweat and bloud , and such things as the petitioned themselves acknowledged to be due unto them : i say , if petitioning on such terms , under such circumstances as these , did so far work upon the brow of the petitioned , cast them into such an extasie of indignation , as to declare to the whole world that they should look upon the petitioners as enemies to the state , unless they desisted ; what innocency , what moderation , what peaceableness , what subjection to laws , yea what tenor of actions , lives , or conversations , could either the petitioners , but especially the rest of the people of the kingdom , imagine should be able to protect them against the unnatural , inhumane , and prodigious insolencies of such men . when innocency in conjunction with soveraignty and height of merit , shal be trampled upon as clay and mire in the street , by men in power ▪ what doth it portend , but the preparing of a yoke of iron for the neck of the nation ? elian reports that in one of the states of greece , when the sheep of one nicippus brought forth a lyon , it was justly concluded that it portended a tyranny , and change of the state , from a peaceable to a bloody government : so when fair , just , and peaceable actions in inferiors , shall produce fierce , violent , and mennacing oppressions and deportments in superiors , it is a signe fully demonstrative that they are in travel with oppression , cruelty , and blood : yea and begin to cry out to be delivered . so then , there being these and many other most apparent symptomes upon the nation of a death of their liberties , and all their just rights and comforts , approching ; and withal , there being no visible , no nor probable means to prevent the coming and prevailing of this great destruction over it , but onely that interest of power and strength which yet remained in the body of the army ; in case the army had devested themselves of this interest at the instance and demand of those who demanded it , what had this ( in due construction ) bin , but the delivering of that sword out of their hands , for the smiting of the nation with violence and oppression , which both god and the nation it self ( by their trustees ) put into their hand , for the preservation and protection of it from , and against these evills ? qui non vetat , peccare , cumpossit , jubet . thirdly , from one principal branch in that covenant , which they solemnly sware and covenanted both with god and men : i further argue , if the army promised , vovved , and protested in the presence of god ( promising , vovving , and protesting herein nothing but what was lavvful ) to maintain and defend , as far as lawfully they might , vvith their lives , powers , and estates , the lavvful rights and liberties of the subject , &c. then are they not to be blamed , but honoured rather as covenant-keepers in their proceedings . but this is the case , the army did thus promise , vovv , and protest , and therein promised , vowed , and protested nothing but what was lawful . therefore not to be blamed , but rather honoured as covenant-keepers in their proceedings . the former part of the assumption is evident from the tenour of the first branch of the covenant , together with the known act of the army ( at least of the chief and greatest part of them ] in taking it . the latter part is granted by the parliament themselves , and all those , who having taken the said covenant , do not repent thereof . the consequence in the proposition is evident also upon this supposition , that the army in what they have done , have gone no further then lawfully they may , to maintaine and defend the lawful rights and liberties of the subject . the truth of this supposition is fairly demonstrable thus . that is lawful for men to do : which upon good and warrantable grounds they judge necessary to be done , for the procuring and effecting of that which by duty they stand bound and obliged to do . that the army stood bound in duty , and by the band of their covenant , to maintain and defend the lawful rights and liberties of the subject , is evident , and above all contradiction . the grounds upon which they judged it necessary to steere the course which they have hitherto held ; partly in not disbanding ; partly in impeaching some members of parliament in pursuance of their covenant , in the particulars mentioned , are these [ with their fellows ] first , they cleerly saw , and the world round about cleerly seeth , that the lawful rights and liberties of the subiect , were not onely threatned , or assaulted , but sorely wounded and endangered also , [ and consequently stood in eminent need of maintenance and defence ] havock and spoyl being made of them from day to day ; in burning their petitions , and declaring those enemies to the state , who onely petitioned , and that in a peaceable way , for what the parliament it self acknowledged to be just and equal to be granted unto them : besides the numerous arbytrarie and illegall , yea causless and reasonlesse imprisonments of the persons , sequestrations of the estates , and many grievous and unjust molestations otherwise , of the free-born subjects of the nation . the civil law saith ( and not without ground ) that he which hath hurt one , hath threatned many : and by the rule of proportion it may be as truly said , that they who have hurt many , have threatned all . secondly , they cleerly saw and understood , that there was no visible , nor in any degree probable means now left unto the nation , for the maintenance and defence of the said lawful rights and liberties of the subject , but onely that interest which was vested in them , being yet an armie , and an united body . the prevailing party of those men , who ex officio and according to the ducture and engagement of the great trust reposed in them , should have asserted these rights and liberties , had turned head upon their trust , and judgement into wormwood ; and had not only laid their foundations ; but being active in their way , made no smal progress in building up themselves and their own exorbitant greatness , in the ruines of the rights and liberties of the people , ( as hath been shewed ) yea , by the lawless law of prerogative and priviledge conspiring together , had now the fee-simple of those places , and that power setled upon them ; by the advantage of which , they might have done not onely what they pleased ( and what this is , and was like to be , they have resolved us without putting it to the question , by their actions ) but whilest they pleased also ; and this without any bridle of fear in their lipps of being countable unto any for whatsoever they should doe . so that now the army was the onely spes gregis , the sole hope of recovery , under god , to the drooping and dying freedoms of this nation . the army could not but apprehend , that had they willingly walked after the commandment of those , who required their disbanding , and not stood fast by their interest of union and power ( at least for a season ) they had been like water spilt upon the ground ; or ( in the prophets comparison ) like unto a potters vessel , so broken in pieces , that there vvould not have been found in the bursting of it , a sheard to take fire from the harth , or to take water withal out of the pit . * they had been wholy unusefull and unserviceable to that great interest of the nation , the maintenance and defence of the lavvful rights and liberties of the inhabitants thereof : and so had deprived the kingdom of all hope ( yea and possibility in an ordinary way ) of receiving their dead ( liberties ) raised to life again ; * the soft breathing of which hope , is now of more value and refreshing to the nation , then all the silver and gold that is in it , and all the treasure besides . fourthly , it is no whit less then evident , that they who made tryal of a pretended or imaginary right to dissolve and scatter a reall power , in the disbanding of the army , ( for no person nor persons of what capacity soever , have any power , either to act , or to enjoyn any thing destructive to the lawful rights of any man , much less of a kingdom ) no waies intended to ease the nation of the burthen of an army ; but onely to cast down and make a plain of that mountain of men which stood in their way , and obstructed their passage to that lordly paradise of a perpetual and unaccountable domination , the figure whereof they had taken up and committed folly with in their imaginations . as for the nation , the case is plain enough , that their intent was , to take off the weight of the little finger of the army , that they might gain an opportunity instead thereof , to lay the weight of their owne loynes upon it . fiftly , ( and lastly for the impeaching of the members ) supposing their guiltinesse , or be it but a strong presumption of truth , in those high mis-demeanours , which are now charged upon them ( beneath which their greatest friends ( i presume ) and confederates cannot favour ▪ them ) the army had reason in aboundance to lift up their hand to this expedient also . because first , had not this salt been cast into the parliamentary fountain , the bitter waters thereof could not have been healed ; nor reduced to any such sweetness , that the families of the kingdome might with comfort and safety drink of them . it was no waies likely that ever this fountaine would have purged or clarified it self , as naturall fountains being royled and muddy , sometimes do : because the mudde and filth that was in it , was in so great a quantity , and so compacted withal , that the vent or issue , through which , being open , the fresh waters successively springing and rising up , should have wrought the cure , was hereby obdurated , damm'd , and quite stopt up . secondly ▪ there was none other hand in the kingdom , but onely the valiant and dreadlesse hand of the army , that probably durst , or however , could with that authority or hopefulnesse of successe , lift up it self to so great and honourable an attempt as this . he had need of the strength and courage of sampson , that shall take a lyon by the beard . and to say to a junto of parliamentary grandees , ye are wicked ; requires an army at least in the reere . now whether the grounds mentioned be not fully warrantable and sufficient for the army , to judge that course which they have steered , necessary for the performance of that great duty , the maintenance and defence of the lawfvll rights and liberties of the svbject , which by solemne vow and covenant , they stood bound to perform ▪ and consequently whether justifiable and lawful , i leave to the judgements and consciences of their greatest adversaries to consider ; and upon consideration , either to build them up by an ingenuous and free subscription , or by a cleer and solid refutation , to cast them down . that which is , or indeede can be objected against the premises is of little value , and very opportune for satisfaction . 1. the army with their proceedings , are burthened with disobedience to authority , and resistance against the higher powers , in refusing to disband , upon an ordinance of parliament , i answer . 1. the army did not , neither yet doth absolutely refuse to disband , and that in submission to parliamentary authority . they onely desired , that their disbanding might be respited for a time ; and have humbly offered their grounds and reasons of this their request , unto the parliament . a servant is not therefore unfaithfull or disobedient to his mr. if now and then upon occasion , and due consideration had of the nature , or consequence of some command which he shall receive from him , he shall for a while suspend his obedience , and submissively debate with his mr. either the equity or expediency of his command , especially in order to his own affaires . ioab was never charged by any man with dissobedience unto david , though a king , and that of divine designation , and this in an extraordinary way too , because he did not presently upon his command , and without dispute , go and number israel and judah , the scripture is playne , that ioab did argue and reason the case with his lord and mr. the king , before he would submit to his command : and how happy a thing it had been both for the king himselfe , and his kingdome , if this command of his had never been obeyed , the sequel of the story sufficiently manifests . 2. neither is all disobedience to superiours , or men in authority , a disobedience to authority , or to that higher power , wherewith such persons are lawfully invested , the lusts or arbitrary desires or wills of men in authority , are no part of their authority ; for certaine it is , that neither god , nor men ever gave unto rulers , or men in authority , any authority or power to do whatever they list ; but onely that which upon good grounds they judge to be just , and expedient for the weale and safety of the people under them , so that it no way followes that because the army hath not obeyed the persons of men sitting in parliament , and invested with parliamentary power , therefore they have not obeyed parliamentary authority . though , shadrach , meshach , and abe dnego , changed the kings word , or command , b refused to obey it , yet did not they resist his authority , or if they did , the king himselfe soone after blessed god for it . 3. there are many commandements of god himselfe though unquestionably lawfull and good ( for such are all his commands ) a non-performance whereof notwithstanding in some cases is very lawfull , and free from offence . it was a just and righteous command of god that aaron and his sonnes onely , and not strangers should eat of the holy things c and particularly of the shewbread ; yet david and his men , though they were none of aarons sons , in a case of necessity , eating of this bread , are acquitted by our saviour himselfe , from sin in so doing , in like manner the command or law concerning the strict observation of the sabbath , was a just and holy and good law : yet christ himselfe out of the law , pronounceth the priests blamelesse , though prophaining the sabbath , though they did that which was contrary to the letter of the command concerning the sabbath , as it related unto , and obliged the generality of men . so then , if the commands of god which are unquestionably just , holy , and good , and of universall expediency unto men , yet as occasion and circumstance may be , may very lawfully , and without the least touch of sin be transgressed , much more may the commands of men , especially such commands , the equity and expediencie whereof for publike good are very dubitable , upon just occasion , and in due order to some important good , be disobeyed , not onely without such height , and heighnousnesse of guilt , as the passionate , but withall rediculous exclamations of many import to be contracted to the army ; but without any touch or tincture of guilt at all . 4. and lastly , as the saying is that there is no generall rule but hath its exception , one or more ; so there is no ordinary or standing law , but must give place , and yeeld obedience to that law , which is the law of lawes , the law of necessity ; when this speaketh , it is like a king upon his throne , against whom there is no rising up ; all other lawes must keepe silence before it , and bow downe to it as their soveraigne . it is true , this law when it speaketh , commonly troubleth the world ; by turning the accustomed and setled course of things in it upside downe . the voice of it somtimes is like the roaring of a lyon , which maketh the beasts in the wildernesse to tremble , but herein it maketh some kind of recompence , it troubleth not the world often , it but seldome interposeth , to the prejudice , or non-observance of standing lawes ; yea and when it doth interpose , the rule and kingdome of it soone hath an end : like to the tempestuous winds , which ( as some mariners have observed ) sometimes blow upon the coasts of the island brava , whose onely prayse it is , that they continue not above an houre , but within this time they commonly change all the points of the compasse . necessity ( saith luther ) takes away and overturnes all lawes ; yea it hath no band or tye of any law or lawes upon it . and such sayings as these . necessity takes away the law , necessity brings a priviledge with it , &c. are very common in the civill law . and though the jews , especially in their doctrinalls , were very strict and rigid for the observation of their sabbath , yet it is a knowne rule amongst them , that periculum , vitae pellit sabbathum , 1. danger of life drives away the sabbath . but the saying of iunius a late learned divine , is very memorable to this purpose . this ( saith he ) belongeth to comōn law & equity , that unto extraordinary evils , extraordinary remedies must also be applyed . it were easie to multiply both rules & examples , out of the best approved authors , to justifie the doing of many things in cases of necessity , which out of such cases are unlawfull , as being contrary to ordinary lawes , and standing rules . so then , the law and command concerning obedience to magistrates and rulers , being an ordinary and standing law ; it is , and ought to be subject to the law of necessity , neither ought any man , or any society of men in or for his obedience to this to be judged culpable , or any wayes delinquent , though it be with disobedience to that other . therefore it no wayes followes . the army have disobeyed the commands of their superiours , therefore they are not censureable as evill doers . but secondly , it is like it will here be yet further objected and said . yea but who shall judge of a case of necessity ? if inferiours and they that are under government , and ought to obey shall be allowed to judge , and to determine of cases of necessity , it is like , that whenever the commands of their superiours do not please them , or suit with their ends or desiers they will pretend and plead necessity in way of barre to their obedience and so the ordinance and law of maiestracy , will upon the matter be made void , and of no effect , and then a chaos and confusion of anarchywil soon overspread the world . in the present case , the patliament who is the most competent judge , if not the only judge of a case necessity especiallyin order to the publike good and wellfare of the estate and kingdome , did not apprehend any necessitie at all . for the army to deny their obedience and subiection to their ordinance and command for disbanding ; and is it lawfull for inferiours , and by name for the army to oppose the judgment of the supreame iudicatory of the kingdom , espesially in a case of such a referrence and import as that ? to this also i answer . 1. in generall . 2. in particular . first , for cases of necessity they are for the most part very easie to be judged and discerned , mens senses usually informing their understandings when they fall . when david and his men were an hungry , and saw no possibility of being supplyed , or relived otherwise ( suppose them all persons of far lesse understanding then they were ) they were and had been ( ever under such a supposition ) the most competent , and best quallified judges in the world of that case of necessity which was now in upon them , viz. to do that in eating the show-bread which in other cases was not lawfull for them to do . by the way , this instance concerning david , and his men , being made a booke ▪ case by christ himselfe , cleerly proveth that extremity of hunger , is a reall and authorised case of necessity ; and consequently priviledgeth those that are under it , whilst it continueth upon them , from subjection to such lawes , which oppose the reliefe of it , and whereunto they are , and ought to be subject , at all other times . and if hunger , though but of one or of a small number of men , be warranted by christ , for a case of necessity , and as a dispensation from an ordinary and standing law ; much more are the like , and especially greater concernments of greater numbers of men , to passe in our judgments for cases of like nature name and import . secondly , though some may pretend and plead a case of necessity where none is , to exempt themselves from some lawes or commands , which they have no mind to be subject unto ( who are justly punishable upon sufficient evidence of their dissimulation ) yet this is no competent ground or motive to deny a lawfullnesse of power unto mea in generall , to judge of such cases of necessity , whereof they are capable by principles of common sence , and ordinary understanding . though many are hipocrites in religion , and professe they beleeve in god , when they doe nothing lesse , yet this is no reason to interdict any man , either the triall or judging of his faith , or the profession of it . when indeed he hath it and doth beleive . 3. though men in places civill iudicature and magistracy be ordinarilyand in the generall the most competent judges of such cases of necessity which are of publick interest and concernment : yet first , considering what was said towards the begining viz. that a guift ( and consequently any thing of like influence and operation upon the heart of men ▪ as vehement desiers , and hopes of irregular & undue injoynments in anykind &c ) blinds the eyes of the wise , and pervert the words of the righteous ; 2. the richly testified & long approved integrity of others , who though ( haply ) not vested in any place of civill authority , yet are men of sound judgment and ofexecellent abilities to discern in many cases the dijudication of such an interest we speak of , as farr more competent and proper for some private men , then for those that are above them in authoritie and power . when a man not suffsiently acquainted with the way . which he is to travaile , shall hier , and take a guide along with him ▪ who knowes the way , to direct him , though in this case it be ordinarily more regular and rationall , for such a man to follow his guide , and to be directed by him ; yet in case his guide fals blind by the way , he is fitter from thence forth to be his own guide , and to follow the dictates of his own eyes and judgement , then to be led along , haply into ditches and precipices by a blind man , or suppose a wise and discret woman , should joyne her selfe in marriage to a man of worth , and considerable ability : though it were most agreeable to the will and law of god , and to the principles of naturall order and reason , that this woman should obey and be subject to the councells and directions of such an husband , whilst god shall please to keep him sound in his intellectuals ; yet in case god shall take of the chariot wheeles of this mans reason and understanding and smite him with ● phrensie or madnesse , in this case , it is more meete that the husband though naturally the head , should follow the councell and directions of the woman , though more generally the weaker vessell , then that the woman being discreet and sober , should be dispesed off , or concluded by the will or commands of the man . it is a true observation and saying of bazil , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : ( lib. d spiritu fancto cap. 20. ) that is according to the order and course of nature , that which is wise or prudent is to order , and rule . so that in case a person , one , or more advanced to the place of magistracy and civill power , at first judged upright , and capable of the things appertaining to his place ▪ and to the publique good by those who advanced him , shall in time so farr degenerate , and become unlike himself , that either by bribery , covetousnesse , ambition and impotency of desire of arbitrary domination , or the like , he suffers his eyes to be blinded , and looseth his habit or principle of discerning matters of publick concernment : in such a case privat men , yea the generallity of men are more competent judges of their common concernment then he , and as the lord christ in that saying , if the blind lead the blind , they shall both fall into the ditch . * gave men a piercing item in their spirituall affaires , to seeke for eyes of their own wherewith to find out themselves , and to be able to judge of the waies of life , upon a supposall that their leaders would sometimes , if not very frequently , prove blind , in which case , unlesse themselves had eyes to see , and should walke accordingly , they would certainly perish for ever : so is it in mens temporall and civill affaires proportionably : if the blindlead the blind . if blind magistrates shall lead a blind people , or a seeing people , ( for there is no difference in case the one be led aswell as the other by the blind ) if the people ▪ ( i say ) whether blind or seeing shall subject themselves without due examination and triall , to whatsoever their blind rulers , whether in pretence , or in reality of intention ( for their is no difference in the case we speak of ) shall command them to do in order to their peace ; they run an iminent hazard of falling into the politicall ditch of externall misery and ruin . nor is their much question to be made , but that men are in every whit as much danger of being led by the blind , in their politique and civill concernment as in their spirituall : the bench and throne affoording commonly more dust to blind mens eyes , then the chaire or pulpet . but fourthly , suppose rulers and judges , should be men of integrety ( for the maine ) yea and for wisdom and vnderstanding in their appropriate affaires , men not much , lower then angels of god , yet we know the common saying humanum est errare , men have nothing more incident to them then error and mistake : and this many times in matters of very materiall consequence both to themselves and others , yea the wisest of men have their turbidaintervalla , and now and then dead flyes are found in their oyntment . david was a man after gods own heart for uprightnes and sincerity and had a very rich annointing also of the spirit of wisdome and understanding ; yet we know the time was , when he commanded , and that with much importunity and vehemency of contest , that which was of very sad consequence , both to himself and many thousands of his people : the evill tendency of which command , though himself for the present apprehended nothing of , yet was it as it seemes resented by ioab a souldier and generall of his army , who contested with him a while for a reversal of it . if then rulers and governors though men of cleerest both hearts and parts , may sometimes , through incogitancy , or weaknesse of judgment or by reason of some present over ▪ shaddowing with some corruption , temptation or the like , command such things to be done , which have a direct and cleere tendency to the puplique prejudice and dammage of that state and people who are subject unto them , and this discernable to private men who are standers by : ought not these men to judge , and speake what they see , and beleeve in these cases , yea and to charge the commandements of their rulers , rather then to obey them both to their owns prejudice , and the prejudice of many millions of men , whose wealth , and safety they stand bound in conscience with the best of their interests , and endeavours to procure . it christ doth not onely allow the generality of christians to try , examine , and judge , of the doctrines of their teachers , if they be able ; but injoynes them ( as we heard ) at the perill of their soules to vest in themselves such an ability , by which they may be able so farre to discerne and judge of their doctrines , as to determine whether or no their teachers be blind or seeing , admonishing them further if they be blind , at no hand to be led by them , for feare of falling into the ditch doubtlesse , he alloweth ( at least ) the generallity of men , a right and interest of judgeing and discerning , if they be able ( and what should hinder of being able to acquire a faculty of judging temporall and civill things , when christ himselfe supposeth them capable of obtaining an ability to judge of spirituall and heavenly things ) the politick doctrines . 1. the injunctions and commands of their civill rulers : and if he alloweth them to judge and determine of them , whether they be truly politique , and consistant with the publike good and safety , or no , certainely , he allowes them withall , either to obey , or disobey according as upon good grounds , they shall judge them to be . it is like it will be here replyed and demanded . yea , but by what rule shall inferiours judge of the commands of their superiours ? or by what character or marke , shall such commands which may lawfully be disobeyed , be so cleerly distinguished from such others , which are necessary to be obeyed , that the conscience of him that obeyeth not , may be secured in peace , in , and under his non-obedience ? i answer . first , the conscience of the inferiour who disobeyeth , may upon every whit as cleere , and satisfactory termes , be secured , concerning the lawfulnesse of his non-obedience , as the conscience of the superiour , concerning the lawfulnesse of his command . nay , of the two , there are more snares and temptations upon the superiours to impose unrighteous commands , then upon the inferiour to miss-judge or mistake , those which are righteous for unrighteous ▪ the superiour is in little or no danger at all ( i mean in respect of any civil punishment or sufferings , if he judgeth any command of his whatsoever unjust , refusing accordingly to obey it : yea he is in danger of suffering both from god and men in case he mis-judgeth any such command upon such termes , so that there is nothing so much danger , that the inferiour himself should mis-judge his superiours command , as that the superiour himself should mis-judge it , and so sin in the proposall of it . secondly , were it to be granted , that the inferiour who is to obey runs some hazard of mistake , when ever he judgeth and concludeth any command of his superiour to be unjust : yet , 1. the superiour runs the same ( or a greater ) hazard , ( as hath been said ) whensoever he judgeth that which he commandeth to be just ; so that if the possibility or a danger of a mistake , in the inferiour , be a ty or engagement upon his conscience , to forbear any act of judgement at all about the command of the superiour : the same of greater possibilitie or danger in the superiour must oblige his conscience also from imposing any command at all upon the inferiour , and consequently , all both commanding and obeying should cease from the world , and the interest of magistracy and government wholly be dissolved . 2. as the inferiour shall run a hazard of mistake , whensoever hee shall judge it righteous : it being every whit as difficult cleerly to determine what is righteous and just , as what is unrighteous and unjust , so that if the danger of a mistake , in judging the command of his superiour to be unjust , be an engagement upon his conscience , to forbear all such judgement , by the same rule , and upon the same ground , he should never judge any such command to bee just neither : in which case all his obedience must needs be sinfull , as not being performed in faith : 1. out of a knowledge or wel-grounded perswasion of the lawfulnesse of it . but 3. evident it is , that in some cases there is no danger at all , no hazard run , in judgeing the commands of superiours , unlawfull : no not when the superiours themselves shall be most confident of the lawfulnesse of them : shadrach , meshach and abednigo ran no danger of a mistake , when they judged the command of king nebuchad-nezar , for the worshiping of his golden image , to be unlawfull and unjust : and yet the king himself ( as appears by the story ) yea and all his nobles , were violently confident of the equitie and justnesse of it . nor did daniel run hazard of a mistake , when hee judged the command of darius his prince and councellours , that no man for thirty dayes should ask any petitions of any god , or man , but of the king only , to bee unjust : though it is no wayes like , but that at least the major part of them , judged it very reasonable and just . that mixt assembly of rulers and priests ( act. 4. 5. 6. ) were confident more then enough , that they did well , in commanding peter and iohn , to preach no more in christs name , ( vers. 17. 18. ) yet the men ran no hazard at all of mistake in refusing to obey it , as unjust . so by the way , it no wayes followes . the parliament it selfe , ( at least the major part of it ▪ judged their ordinance or command for the present disbanding of the army , to be just : therefore the army sinned , or ran a hazard of sinning , in refusing to obey it accordingly . but 4. in case the inferiour should at any time mistake , in judgeing some command of his superiour unlawfull , having conscienciously used compitent means for his due reformation , and judging of it as he doth , in the simplicity of his heart , not out of any sinister end , or respect as neglect of magistracy , &c. yet such a mistake , with the new obedience accompanying it , is a far lesse offence , much more pardonable or excusable , then either the swallowing downe of all commands whatsoever from superiours without examination , and much more then his subjection to this or any other command against judgement and conscience would be : so that though a non obedience in an inferiour upon such a mistake , as was now discribed in the command of his superiour , be not simply justifiable or lawfull , yet it is comparatively justifiable , being a far lesser sin , supposing the invinciblenesse of the errour , or mistake , by ordinary meanes , then the contrary , yea then any other department would bee mistakes upon diligence , and reasonable m●●ns conscientiously used for the prevention of them , as they are the frequent , so are they the lightest mis-carryings of the saints , and least obnoxious to the displeasure of god . 5. ( and lastly for these ) there are these three characters and symptomes very incident ( amongst some others ) to the commands of superiours , which being found upon them , render and declare them manifestly unjust , ( in which case the inferiour runneth little or no hazard in judging them accordingly ) first , when they are calculated and formed with a peculiar and cleere antipathy to the comforts and peace of such as are religious , and withall peaceable in that way of religion wherin they worship god . this is one character of an unjust command . it is not material in this case , whether the superiours we speak of or others void of religion , know who are religious 〈◊〉 . that may bee clear and manifest to religious persons themselves , which is either unknown or doubtfull , unto others . secondly , when such commands smile upon the interests of the commanders themselves , or any prevailing party or faction of them , as upon their profits , pleasures , honours , powers , &c. and withall lowre and frown upon the ease and accomodations of the comminalty of the people under them . this is another manifest character or signe of their injustice , easie enough to be discovered . thirdly , ( and lastly , ) when they have strong and pregnant conjunction , in point of conversallity , whether privative or possitive , with any such designe , whether reall , or justly suspected , which tends either to the enslaving of the generallity of the people , or to the extinguishing and defeating of their just rights and liberties ; and withall , have no connexion at all , with any imaginable benefit or good , of equall consideration unto the people . this also is a pregnant character of iniustice in such commands . suppose there be no such designe as wee speake of really intended , as for the enslaving of a free people ( or their liberties ) yet if there bee any strong presumption ( much more i● many ) that there is indeed such a designe intended , so that there is a great jealousy and feare of such a thing , generally fallen upon the people , yet in this case , for superiours , especially those who are most suspected for contrivers and drivers on of such a designe , to command such a thing , which hath a palpable and notorious consistency , with such a designe in case it be intended , and withall but a faint and slender connexion , especially if none at all , with any proportionable benefit unto the people , is at least even in the best and most innocent tendency of it , to torment the people with fears and jealousy , which is uniust for these to do , whose interest of duty is , to be nurfing fathers unto them : and though there be no demonstrative , or logick sentence , that such or such a command as we speak of , comming from a person , one or more suspected , of the designe specified ; hath a reall coniunction with such a reall designe , yet if there be a politicall or morall certainty , which stands in strength and pregnancy of probability and presumption , this is sufficient to cleare and justifie , as well the iudgement , as the practice of those ; who iudging the said command to be unlawfull and uniust , shall accordingly yeeld obedience to it . it is well observed by aristotle , that a considering man ought onely to require and bee content with such arguments and proofs , as the nature of the subiect under consideration , whatsoever it be , will bear and admit . from mathematitians we may expect close and exact demonstrations , because the subiect of this science will beare it ; but from oratours , or men handling politicall , and morall matters , we ought to bee satisfied with probabilities , and topique arguments ; because the nature of such subiects as these , will not admit of regular and perfect demonstrations . suppose a person , one or more , have a reall intention to destroy or enslave a nation ? it is not lightly possible for any other man possitively and with a mathematical evidence , or certainty of knowledge to affirm it , untill it be effected , and then it is too late to prevent it . therefore when there is a grand probability before us , a result of many circumstances , strongly inducing a beleef of such an intention , it is sufficient to build any such practice or engagement upon , which is necessary for the prevention of it . thus in generall for answer to the main obiection and demand last propounded . for the particular i shall need to add little , all circumstances relating hereunto , being generally known unto this kingdom . the command for the dis-banding of the army , being contrived and procured by , and comming from such persons ( though haply in coniunction with others ) who are strongly , and upon grounds wel-nigh irresistable , suspected of a machievation or designe destructive to the peace , lawfull rights and liberties of the kingdom ; and moreover , the said command notoriously comporting with such a designe as directly tending to breake in sander that bar of iron which only obstructed the birth and execution of it ; and yet farther , having no complyance at all with my considerable or proportionable good unto the nation : and yet more , being so exactly bent against , and level'd at the faces of such as are really conscientious and religiously peaceable in the land ; to whom the army by reason of their union and power , were a little sanctuary , and as that shaddow of a rock in a weary land . these things laid together , and duly considered cannot in the eye of any reasonable or dis-ingaged man but abundantly , and with honour acquit and vindicate the army in what they have done , though ten thousand angry and impertinent querents more , should be levied against them , to attempt the avilement and abasement of those to whom the god of heaven hath said , be ye honourable amongst men . as for that which is wont to bee objected , touching breach of priviledge of parliament , it is of no consideration or comparison with the objections already answered ; and besides , there is abundantly sufficient in the premisses , to cut the sinewes of any such objection . though priviledge of parliament , really such , and not simply but truely so called , bee truely honourable and little lesse then the light , and life , and strength of the freedom of the nation : yea , no man as yet hath , nor whilest i live shall take away this crowne from my head , of beeing cordially zealous in the defence and maintainance of them ; yet are they not of equall consideration with the holy lawes , and righteous commands of god . therefore if these may , and ought notwithstanding the jealousy of god over them , sometimes want that obedience and subjection from men , which in ordinary cases is most due unto them , much more ought the priviledge of parliament , notwithstanding any soveraignty of great 〈◊〉 in them , how downe at the feer of that soveraigne and supreame law , 〈◊〉 solus populi , the safety of the people , which certainly is above all parliaments and parliament priviledge whatsoever . yea , it is a truth unquestionable , that nothing that it sinfull , nothing that is inconsistent with the honour , peace , safety , just rights or liberties of the people , can for ever be , or make a priviledge of parliament . and whilest men act in a due and cl●er concurrence with this great law , the safetye of the people unpossible it is that they should intrench or make the least breach upon any priviledge of parliament whatsoever . and whether the army have thus acted or no , i am freely willing to leave to the judgements and consciences of all those who have diligently read , duly considered , and retain in memory what hath been argued in their behalf in their papers , to judge and determine . there may be ( i confesse ) some other things of lighter moment objected against their proceedings ▪ unto which , though these have not been given an answer in the letter , yet confident i am ▪ that there is none of them all able to stand before that spirit that hath spoken , and yet speaketh in the premisses . the god of all grace and glory , continue the parliament in a full and peaceable inioyment of all their priviledges and honour ; make streight that which is croocked , sweet that which is bitter , righteous that which is unjust , peaceable that which is troublesome , holy that which is profane amongst them ; leaving nothing in their assembly that may offend either the eyes of his own glory , or the mindes of the sober and wel-affected people of the land . the same ever blessed god , who is the lord of hosts , vouchsafe still to delight in that army in which he hath greatly delighted hitherto , and out of the midst whereof he hath looked , as sometimes he did out of the cloudy and fiery pillar , when he took off the chariot wheeles of the egyptians , and caused them to drive heavily : whilest they were in hot pursuit of his people israel , direct them in all their counsels , give them a pattern from the mount , to make and forme all their proceedings by ; keep them in righteousnesse , peace , and honour , and make them an happy band in his hand to binde up a scattered and undigested nation , which scarce knowes where to finde a right end of it self , into a compacted and well made up bundle of love , unity , and peace . finis . notes, typically marginal, from the original text notes for div a85383e-240 eadem poss●●t alteri manifeste vera , quae alteri videntur , manifeste falsa . a deut. 16. 19. b {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . plato c {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . hom. a ich. 8. 48. b rev. 12. 10 ▪ see the eight queries , and the nine , and nine more added to them , lately published . a gen. 35. 18. salus populi suprema lex . § 6 ▪ 1 cer. 12. 25. * qui duro ducit vivos è marmore vultus , non facit ille de●s : qui rogat , ille facit . vvho out of marble living faces maketh , makes yet no gods ; but he that supplicateth . isa. 30. 14. heb. 11. b dan. 3. 18. 28. c exod. 29. 32. 33. levit. 24. 29 mat. 12. 4. necessity is by the iewes called lex horae 1. the law of an houre and by others lex temporis the law of the times . davevant detrem . p. 191. necessitas enim tollit , & evertit omnes leges : mio nulla habet legum vinculae luth . t. 2. wittenb . p. 376. necessitas tollit legem necessitas inducit privi legium . &c. * matt. 15. 14. a proclamation, continuing the adjournment of the current parliament, from the first thursday of april next, to the twenty ninth of that month, 1686 england and wales. sovereign (1685-1688 : james ii) 1686 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a46544 wing j324b estc r6296 12271243 ocm 12271243 58260 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a46544) transcribed from: (early english books online ; image set 58260) images scanned from microfilm: (early english books, 1641-1700 ; 869:24) a proclamation, continuing the adjournment of the current parliament, from the first thursday of april next, to the twenty ninth of that month, 1686 england and wales. sovereign (1685-1688 : james ii) james ii, king of england, 1633-1701. 1 sheet ([1] p.) printed by the heir of andrew anderson ..., edinburgh : 1685 [1686] reproduction of original in huntington library. broadside. additional imprint statement: this may be reprinted at london, r.l.s. march the 29th. 1686. by e. mallet. at end of text: given under our signet at edinburgh, the two and twentieth day of march, 1686. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. broadsides 2007-11 tcp assigned for keying and markup 2008-05 spi global keyed and coded from proquest page images 2008-06 mona logarbo sampled and proofread 2008-06 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion i2r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms a proclamation , continuing the adjournment of the current parliament , from the first thursday of april next , to the twenty ninth of that month , 1686. james by the grace of god , king of great brittain , france and ireland , defender of the faith : to our lyon king at arms , and his brethren heraulds , macers of our privy council , pursevants , or messengers at arms , our sheriffs in that part , conjunctly and severally specially constitute , greeting : whereas by our proclamation of the date , the twenty first day of september last , we thought fit to continue the adjournment of the current parliament of this our ancient kingdom , to the first thursday of april next ensuing the date of these presents . and seeing our service requires the further adjournment thereof , for some weeks longer ; we , therefore with advice of our privy council , do hereby continue the adjournment of our said current parliament , from the said first thursday of april next ensuing , to the twenty ninth day of that month , and to the effect our royal pleasure in the premisses may be known , our will is , and we charge you strictly , and command , that incontinent these our letters seen , ye pass to the mercat-cross of edinburgh , and all other mercat-crosses of the head-burghs of the shires of this kingdom , and other places needful , and there in our royal name and authority , by open proclamation make publication of the continuation of the adjournment of our said current parliament , from the said first thursday , to the said twenty ninth day of april next ensuing the date of these presents : requiring hereby all the lords spiritual and temporal , the commissioners from the several shires , and those from our royal burrows , and to meet that day in the usual way , under the accustomed certifications ; and we ordain these presents to be printed . given under our signet at edinburgh , the two and twentieth day of march , 1686. and of our reign the second year . per actum dominorum secreti concilij . collin mekenzie cls. sti. concilij . god save the king . edinburgh , printed by the heir of andrew anderson , printer to his most sacred majesty , anno. dom. 1685. this may be reprinted at london , r. l. s. march the 29 th . 1686. by e. mallet , next door to mr. shipton's coffee-house near fleet-bridge . mr. john miltons character of the long parliament and assembly of divines in mdcxli omitted in his other works and never before printed ... character of the long parliament and assembly of divines in mdcxli milton, john, 1608-1674. 1681 approx. 15 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-12 (eebo-tcp phase 1). a70589 wing m2098 estc r12881 12254707 ocm 12254707 57329 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a70589) transcribed from: (early english books online ; image set 57329) images scanned from microfilm: (early english books, 1641-1700 ; 155:6 or 1106:8) mr. john miltons character of the long parliament and assembly of divines in mdcxli omitted in his other works and never before printed ... character of the long parliament and assembly of divines in mdcxli milton, john, 1608-1674. [4], 11 p. printed for henry brome ..., london : 1681. copy at reel 1106:8 (m2098) erroneously identified as "mr. john m. hons character of the long parliament", supposedly by sir james tyrrell, with wing no. t3590. reproduction of originals in the huntington library and the union theological seminary library, new york. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. westminster assembly (1643-1652) great britain -politics and government -1625-1649. 2005-05 tcp assigned for keying and markup 2005-06 apex covantage keyed and coded from proquest page images 2005-07 mona logarbo sampled and proofread 2005-07 mona logarbo text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion m r john miltons character of the long parliament and assembly of divines in mdcxli . omitted in his other works , and never before printed , and very seasonable for these times . london : printed for henry brome , at the gun at the west-end of st. pauls , 1681. to the reader . the reader may take notice , that this character of mr. miltons was a part of his history of britain , and by him designed to be printed : but out of tenderness to a party , [ whom neither this nor much more lenity has had the luck to oblige ] it was struck out for some harshness , being only such a digression , as the history it self would not be discomposed by its omission : which i suppose will be easily discerned , by reading over the beginning of the third book of the said history , very near which place this character is to come in . it is reported ( and from the fore-going character it seems probable ) that mr. milton had lent most of his personal estate upon the publick faith ; which when he somewhat earnestly and warmly pressed to have restored [ observing how all in offices had not only feathered their own nests , but had enricht many of their relations and creatures , before the publick debts were discharged ] after a long and chargeable attendance , met with very sharp rebukes ; upon which at last despairing of any success in this affair , he was forced to return from them poor and friendless , having spent all his money , and wearied all his friends . and he had not probably mended his worldly condition in those days , but by performing such service for them , as afterwards he did , for which scarce any thing would appear too great . mr. john miltons character of the long parliament in 1641. of these who sway'd most in the late troubles , few words as to this point may suffice . they had arms , leaders , and successes to their wish ; but to make use of so great an advantage was not their skill . to other causes therefore , and not to the want of force , or warlick manhood in the britains , both those , and these lately , we must impute the ill husbanding of those fair opportunities , which might seem to have put liberty so long desired , like a bridle into their hands . of which other causes equally belonging to ruler , priest , and people , above hath been related : which , as they brought those antient natives to misery and ruine , by liberty , which , rightly used , might have made them happy ; so brought they these of late , after many labours , much blood-shed , and vast expence , to ridiculous frustration : in whom the like defects , the like miscarriages notoriously appeared , with vices not less hateful or inexcusable . for a parliament being call'd , to redress many things , as 't was thought , the people with great courage , and expectation to be eased of what discontented them , chose to their behoof in parliament , such as they thought best affected to the publick good , and some indeed men of wisdom and integrity ; the rest , [ to be sure the greater part , ] whom wealth or ample possessions , or bold and active ambition [ rather than merit ] had commended to the same place . but when once the superficial zeal and popular fumes that acted their new magistracy were cool'd , and spent in them , straight every one betook himself , setting the common-wealth behind , his private ends before , to do as his own profit or ambition led him . then was justice delayed , and soon after deny'd : spight and favour determined all : hence faction , thence treachery , both at home and in the field : every where wrong , and oppression : foul and horrid deeds committed daily , or maintain'd , in secret , or in open . some who had been called from shops and ware-houses , without other merit , to sit in supreme councels and committees , [ as their breeding was ] fell to huckster the common-wealth . others did thereafter as men could sooth and humour them best ; so he who would give most , or under covert of hypocritical zeal , insinuate basest , enjoyed unworthily the rewards of learning and fidelity ; or escaped the punishment of his crimes and misdeeds . their votes and ordinances , which men lookt should have contained the repealing of bad laws , and the immediate constiturion of better , resounded with nothing else , but new impositions , taxes , excises ; yearly , monthly , weekly . not to reckon the offices , gifts , and preferments bestowed and shared among themselves : they in the mean while , who were ever faithfullest to this cause , and freely aided them in person , or with their substance , when they durst not compel either , slighted , and bereaved after , of their just debts by greedy sequestrations , were tossed up and down after miserable attendance from one committee to another with petitions in their hands , yet either mist the obtaining of their suit , or though it were at length granted , [ mere shame and reason oft-times extorting from them at least a shew of justice ] yet by their sequestratours and sub-committees abroad , men for the most part of insatiable hands , and noted disloyalty , those orders were commonly disobeyed : which for certain durst not have been , without secret complyance , if not compact with some superiours able to bear them out . thus were their friends consiscate in their enemies , while they forfeited their debtours to the state , as they called it , but indeed to the ravening seizure of innumerable thieves in office : yet were withal no less burthened in all extraordinary assesments and oppressions , than those whom they took to be disaffected : nor were we happier creditours to what we call'd the state , than to them who were sequestred as the states enemies . for that faith which ought to have been kept as sacred and inviolable as any thing holy , the publick faith , after infinite sums received , and all the wealth of the church not better imploy'd , but swallowed up into a private gulph , was not ere long ashamed to confess bankrupt . and now besides the sweetness of bribery , and other gain , with the love of rule , their own guiltiness , and the dreaded name of just account , which the people had long call'd for , discovered plainly that there were of their own number , who secretly contrived and fomented those troubles and combustions in the land , which openly they sate to remedy ; and would continually finde such work , as should keep them from being ever brought to that terrible stand , of laying down their authority for lack of new business , or not drawing it out to any length of time , tho' upon the ruine of a whole nation . and if the state were in this plight , religion was not in much better ; to reform which , a certain number of divines were called , neither chosen by any rule or custome ecclesiastical , nor eminent for either piety or knowledge above others left out ; only as each member of parliament in his private fancy thought fit , so elected one by one . the most part of them were such , as had preach'd and cryed down , with great shew of zeal , the avarice and pluralities of bishops and prelates ; that one cure of souls was a full employment for one spiritual pastour how able soever , if not a charge rather above humane strength . yet these conscientious men ( ere any part of the work done for which they came together , and that on the publick salary ) wanted not boldness , to the ignominy and scandal of their pastor-like profession , and especially of their boasted reformation , to seize into their hands , or not unwillingly to accept [ besides one , sometimes two or more of the best livings ] collegiate masterships in the universities , rich lectures in the city , setting sail to all winds that might blow gain into their covetous bosoms : by which means these great rebukers of non-residence , among so many distant cures , were not ashamed to be seen so quickly pluralists and non-residents themselves , to a fearful condemnation doubtless by their own mouths . and yet the main doctrine for which they took such pay , and insisted upon with more vehemence than gospel , was but to tell us in effect , that their doctrine was worth nothing , and the spiritual power of their ministry less available than bodily compulsion ; perswading the magistrate to use it , as a stronger means to subdue and bring in conscience , than evangelical perswasion : distrusting the virtue of their own spiritual weapons , which were given them , if they be rightly called , with full warrant of sufficiency to pull down all thoughts and imaginations that exalt themselves against god. but while they taught compulsion without convincement , which not long before they complained of , as executed unchristianly , against themselves , these intents are clear to have been no better than antichristian : setting up a spiritual tyranny by a secular power , to the advancing of their own authority above the magistrate , whom they would have made their executioner , to punish church-dellnquencies , whereof civil laws have no cognizance . and well did their disciples manifest themselves to be no better principled than their teachers , trusted with committeeships and other gainful offices , upon their commendations for zealous , [ and as they stickt not to term them ] godly men ; but executing their places like children of the devil , unfaithfully , unjustly , unmercifully , and where not corruptly , stupidly . so that between them the teachers , and these the disciples , there hath not been a more ignominious and mortal wound to faith , to piety , to the work of reformation , nor more cause of blaspheming given to the enemies of god and truth , since the first preaching of reformation . the people therefore looking one while on the statists , whom they beheld without constancy or firmness , labouring doubtfully beneath the weight of their own too high undertakings , busiest in petty things , trifling in the main , deluded and quite alienated , expressed divers ways their disaffection ; some despising whom before they honoured , some deserting , some inveighing , some conspiring against them . then looking on the church-men , whom they saw under subtle hypocrisie to have preached their own follies , most of them not the gospel , time-servers , covetous , illiterate persecutors , not lovers of the truth , like in most things whereof they accused their predecessors : looking on all this , the people which had been kept warm a while with the counterfeit zeal of their pulpits , after a false heat , became more cold and obdurate than before , some turning to lewdness , some to flat atheism , put beside their old religion , and foully scandalized in what they expected should be new . thus they who of late were extoll'd as our greatest deliverers , and had the people wholly at their devotion , by so discharging their trust as we see , did not only weaken and unfit themselves to be dispensers of what liberty they pretended , but unfitted also the people , now grown worse and more disordinate , to receive or to digest any liberty at all . for stories teach us , that liberty sought out of season , in a corrupt and degenerate age , brought rome itself into a farther slavery : for liberty hath a sharp and double edge , fit only to be handled by just and vertuous men ; to bad and dissolute , it becomes a mischief unweildy in their own hands : neither is it compleatly given , but by them who have the happy skill to know what is grievance , and unjust to a people , and how to remove it wisely ; what good laws are wanting , and how to frame them substantially , that good men may enjoy the freedom which they merit , and the bad the curb which they need . but to do this , and to know these exquisite proportions , the heroick wisdom which is required , surmounted far the principles of these narrow politicians : what wonder then if they sunk as these unfortunate britains before them , entangled and opprest with things too hard ; and generous above their strain and temper ? for britain , to speak a truth not often spoken , as it is a land fruitful enough of men stout and courageous in war , so is it naturally not over-fertile of men able to govern justly and prudently in peace , trusting only in their mother-wit ; who consider not justly , that civility , prudence , love of the publick good , more than of money or vain honour , are to this soyl in a manner outlandish ; grow not here , but in minds well implanted with solid and elaborate breeding , too impolitick else and rude , if not headstrong and intractable to the industry and vertue either of executing or understanding true civil government . valiant indeed , and prosperous to win a field ; but to know the end and reason of winning , unjudicious and unwise : in good or bad success alike unteachable . for the sun which we want , ripens wits as well as fruits ; and as wine and oyl are imported to us from abroad : so must ripe understanding , and many civil vertues , be imported into our minds from forreign writings , and examples of best ages , we shall else miscarry still , and come short in the attempts of any great enterpise . hence did their victories prove as fruitless , as their losses dangerous ; and left them still conquering under the same grievances , that men suffer conquered : which was indeed unlikely to go otherwise , unless men more than vulgar bred up , as few of them were , in the knowledge of antient and illustrious deeds , invincible against many and vain titles , impartial to friendship and relations , had conducted their affairs ▪ but then from the chapman to the retailer ▪ many whose ignorance was more audaciou ▪ than the rest , were admitted with all their fordid rudiments to bear no mean sway among them , both in church and state. from the confluence of all their errors , mischiefs , and misdemeanous , what in the eyes of man could be expected , but what befel those antient inhabitants whom they so much resembled , confusion in the end ? but on these things , and this parallel , having enough insisted , i return to the story which gave us matter of this digression . finis . the pre-eminance and pedigree of parlement whereunto is added a vindication of some passages reflecting upon the author in a book call'd the popish royall favorite, pen'd and published by mr. prynne wherein he stiles him no frend [sic] to parlements and a malignant, pag. 42 : with a clearing of som occurences in spain at his majesties being there, cited by the said master prynne out of the vocal forest / by j.h., esq., one of the clerks of his maiesties most honourable privy-councel. howell, james, 1594?-1666. this text is an enriched version of the tcp digital transcription a44747 of text r28696 in the english short title catalog (wing h3107). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 38 kb of xml-encoded text transcribed from 12 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a44747 wing h3107 estc r28696 10741374 ocm 10741374 45605 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a44747) transcribed from: (early english books online ; image set 45605) images scanned from microfilm: (early english books, 1641-1700 ; 1405:2) the pre-eminance and pedigree of parlement whereunto is added a vindication of some passages reflecting upon the author in a book call'd the popish royall favorite, pen'd and published by mr. prynne wherein he stiles him no frend [sic] to parlements and a malignant, pag. 42 : with a clearing of som occurences in spain at his majesties being there, cited by the said master prynne out of the vocal forest / by j.h., esq., one of the clerks of his maiesties most honourable privy-councel. howell, james, 1594?-1666. prynne, william, 1600-1669. popish royall favourite. 23 p. : port. printed by w.w. for humphrey moseley, london : 1649. also appears as part of dendrologia (wing h3061) at reel 636:5. reproduction of original in the harvard university library. eng england and wales. -parliament. great britain -history -charles i, 1625-1649 -biography. a44747 r28696 (wing h3107). civilwar no the pre-eminence and pedigree of parlement whereunto is added a vindication of some passages reflecting upon the author in a book call'd the howell, james 1649 6862 13 5 0 0 0 0 26 c the rate of 26 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2003-12 tcp assigned for keying and markup 2003-12 aptara keyed and coded from proquest page images 2004-12 mona logarbo and john latta sampled and proofread 2004-12 mona logarbo and john latta text and markup reviewed and edited 2005-01 pfs batch review (qc) and xml conversion natus maij 29. ano 1630. aetatis suae 19. the pre-eminence and pedigree of parlement . wherunto is added a vindication of some passages reflecting upon the author , in a booke call'd the popish royall favorite , pen'd and published by mr. prynne ; wherein he stiles him , no frend to parlements , and a malignant , pag. 42. with a clearing of som occurrences in spain at his maiesties being there , cited by the said master prynne out of the vocal forest . by j. h. esq one of the clerks of his maiesties most honorable privy-councel . published by speciall order . london printed by w. w. for humphrey moseley , 1649. to my worthily honored frend , sir w. s. knight . sir , i have many thanks to give you for the book you pleased to send me , called the popish royall favorite ; and according to your advice ( which i value in a high degree ) i put pen to paper , and some thing you may see i have don ( though in a poor pamphleting way ) to clear my self of those aspersions that are cast upon me therin . but truly sir , i was never so unfit for such a task ; al my papers , manuscripts , and notes , having been long since seized upon and kept from me . add hereunto , that besides this long pressure and languishment of twenty three moneths close restraint ( the sense whereof , i find hath much stupified my spirits ) it pleased god to visit me lately with a dangerous fit of sicknes , a high burning fever , with the new disease , wherof my body as well as my mind , is yet somwhat crazy : so that ( take all afflictions together ) i may truly say , i have passed the ordeal , the fiery tryal . but it hath pleased god to reprieve me to see better days i hope ; for out of this fatal black cloud , which now oresets this poor island , i hope ther will break a glorious sun-shine of peace and firm happines : to effect which , had i a jury , a grand-jury of lives , i would sacrifice them all , and triumph in the oblation . so i most affectionately kisse your hands , and rest from the prison of the fleet . your faithful ( though afflicted ) servant , j. h. the pre-eminence of parlement . sectio prima . i am a free-born subject of the realm of england ; wherby i claim as my native inheritance , an undoubted right , propriety , and portion in the laws of the land : and this distinguisheth me from a slave . i claim also an interest and common right in the high national court of parlement , and in the power , the priviledges and jurisdiction therof , which i put in equal ballance with the laws , in regard it is the fountain whence they spring : and this i hold also to be a principal part of my birth-right ; which great councel i honour , respect , value , and love in as high a degree as can be ; as being the bulwark of our liberties , the main boundary and bank which keep us from slavery , from the inundations of tyrannical rule , and unbounded wil-government . and i hold my self obliged in a tye of indispensable obedience to conform and submit my self to whatsoever shall be transacted , concluded , and constituted by its authority in church or state ; whether it be by making , enlarging , altering , diminishing , disanulling , repealing , or reviving of any law , statute , act , or ordinance whatsoever , either touching matters ecclesiasticall , civil , common , capital , criminal , martial , maritine , municipal , or any other ; of all which , the transcendent and uncontrolable jurisdiction of that court is capable to take cognizance . amongst the three things which the athenian captain thank'd the gods for , one was , that he was born a grecian , and not a barbarian . for such was the vanity of the greeks , and after them of the romans , in the flourish of their monarchy , to arrogate all civility to themselves , and to term all the world besides barbarians : so i may say to have cause to rejoyce , that i was born a vassall to the crown of england ; that i was born under so well moulded and tempered a government , which indows the subject with such liberties and infranchisements that bear up his natural courage , and keep him still in heart ; such liberties that fence and secure him eternally from the gripes and tallons of tyranny : and all this may be imputed to the authority and wisdom of this high court of parlement , wherin ther is such a rare co ordination of power ( though the soverainty remaine still entire , and untransferable in the person of the prince ) ther is , i say , such a wholsom mixture 'twixt monarchy , optimacy , and democracy ; 'twixt prince , peers , and communalty , during the time of consultation , that of so many distinct parts , by a rare co-operation and unanimity , they make but one body politic , ( like that sheaf of arrows in the emblem ) one entire concentrical peece ; and the results of their deliberations , but as so many harmonious diapasons arising from different strings . and what greater immunity and happines can ther be to a people , than to be liable to no laws but what they make themselves ? to be subject to no contribution , assessement , or any pecuniary levy whatsoever , but what they vote , and voluntarily yeeld unto themselves ? for in this compacted politic body , ther be all degrees of people represented ; both the mechanick , tradesman , merchant , and yeoman , have their inclusive vote , as well as the gentry , in the persons of their trustees , their knights and burgesses , in passing of all things . nor is this soverain surintendent councell an epitome of this kingdom onely , but it may be said to have a representation of the whole universe ; as i heard a fluent well-worded knight deliver the last parlement , who compared the beautifull composure of that high court , to the great vvorke of god , the world it self : the king to the sun , the nobles to the fixed stars , the itinerant judges and other officers ( that go upon messages ' twixt both houses ) to the panets ; the clergy to the element of fire ; the commons , to the solid body of earth , and the rest of the elements . and to pursue this comparison a little farther ; as the heavenly bodies , when three of them meet in conjunction , do use to produce som admirable effects in the elementary world : so when these three states convene and assemble in one solemn great junto , some notable and extraordinary things are brought forth , tending to the welfare of the whole kingdom , our microcosm . he that is never so little versed in the annales of this isle , will find that it hath bin her fate to be sour times conquered . i exclude the scot ; for the situation of his countrey , and the quality of the clime hath bin such an advantage and security to him , that neither the roman eagles would fly thither , for fear of freezing their wings ; nor any other nation attempt the work . these so many conquests must needs bring with them many tumblings and tossings , many disturbances and changes in government ; yet i have observed , that notwithstanding these tumblings , it retained still the form of a monarchy , and somthing ther was alwaies that had an analogy with the great assembly the parlement . the first conquest i find was made by claudius caesar ; at which time ( as som well observe ) the roman ensigns and the standard of christ came in together . it is well known what laws the roman had ; he had his comitia , which bore a resemblance with our convention in parlement ; the place of their meetings was called praetorium , and the laws which they enacted , plebiscita . the saxon conquest succeeded next , which were the english , ther being no name in welsh or irish for an englishman , but saxon , to this day . they governed by parlement , though it were under other names ; as michel sinoth , michel gemote , and witenage mote . ther are records above a thousand yeers old , of these parlements , in the raigns of king ina , offa , ethelbert , and the rest of the seven kings during the heptarchy . the british kings also , who retain'd a great while som part of the isle unconquered , governed and made laws by a kind of parlementary way ; witness the famous laws of prince howel , called howel dha , ( the good prince howel ) wherof ther are yet extant som welsh records . parlements were also used after the heptarchy by king kenulphus , alphred , and others ; witness that renowned parlement held at grately by king athelstan . the third conquest was by the danes , and they govern'd also by such general assemblies , ( as they do to this day ) witness that great and so much celebrated parlement held by that mighty monarch canutus , who was king of england , denmark , norway , and other regions 150 yeers before the compiling of magna charta ; and this the learned in the laws do hold to be one of the specialest , and most authentic peeces of antiquity we have extant . edward the confessor made all his laws thus , ( and he was a great legis-lator ) which the norman conquerour ( who liking none of his sons , made god almighty his heir , bequeathing unto him this island for a legacy ) did ratifie and establish , and digested them into one entire methodical systeme , which being violated by rufus , ( who came to such a disastrous end , as to be shot to death in lieu of a buck for his sacriledges ) were restor'd by henry the first , and so they continued in force till king john , whose raign is renowned for first confirming magna charta , the foundation of our liberties ever since : which may be compar'd to divers outlandish graffs set upon one english stock , or to a posie of sundry fragrant flowers ; for the choisest of the british , the roman , saxon , danish , and norman laws , being cull'd and pick'd out , and gathered as it were into one bundle , out of them the foresaid grand charter was extracted : and the establishment of this great charter was the work of a parlement . nor are the laws of this island onely , and the freedom of the subject conserved by parlement , but al the best policed countryes of europ have the like . the germanes have their diets , the danes and swedes the riicks dachs ; the spaniard calls his parlement las cortes , and the french have ( or should have at least ) their assembly of three states , though it be grown now in a manner obsolete , because the authority therof was ( by accident ) devolv'd to the king and very remarkable it is , how this hapned ; forwhen the english had taken such large sooting in most parts of france , having advanced as far as orleans , and driven their then king charls the seventh to bourges in berry : the assembly of the three states in these pressures , being not able to meet after the usual manner in full parlement , because the country was unpassable the enemy having made such firm invasions up and down through the very bowels of the kingdom ; that power which formerly was inherent in the parlementary assembly , of making laws , of assessing the subject with taxes , subsidiary levies , and other impositions , was transmitted to the king during the vvar ; which continuing many yeers , that intrusted power by length of time grew as it were habitual in him , and could never after be re-assumed and taken from him ; so that ever since , his edicts countervail acts of parlement . and that which made the busines more seasable for the king , was , that the burthen fell most upon the communalty ( the clergy and nobility not feeling the weight of it ) who were willing to see the peasan pull'd down a little , because not many yeers before in that notable rebellion , call'd la iaquerie de beauvoisin , which was suppressed by charls the wise , the common people put themselves boldly in arms against the nobility and gentry , to lessen their power . add hereunto as an advantage to the work , that the next succeeding king lewis the eleventh , was a close cunning prince , and could well tell how to play his game , and draw water to his owne mill ; for amongst all the rest , he was said to be the first that put the kings of france , hors de page , out of their minority , or from being pages any more , though therby he brought the poor peasans to be worse than lacquays . vvith the fall , or at least the discontinuance , of that usuall parlementary assembly of the three states , the liberty of the french nation utterly fell ; the poor roturier and vineyard-man , with the rest of the yeomanry , being reduced ever since to such an abject asinin condition , that they serve but as sponges for the king to squeeze when he list . nevertheles , as that king hath an advantage hereby one way , to monarchize more absolutely , and never to want money , but to ballast his purse when he will : so ther is another mighty inconvenience ariseth to him and his whole kingdom another way ; for this illegal peeling of the poor peasan hath so dejected him , and cowed his native courage so much by the sense of poverty ( which brings along with it a narrownes of soul ) that he is little useful for the vvar : which puts the french king to make other nations mercenary to him , to fill up his infantry : insomuch , that the kingdom of france may be not unfitly compared to a body that hath all its blood drawn up into the arms , brest and back , and scarce any left from the girdle downwards , to cherish and bear up the lower parts , and keep them from starving . all this seriously considered , ther cannot be a more proper and pregnant example than this of our next neighbours , to prove how infinitely necessary the parlement is , to assert , to prop up , and preserve the public liberty , and national rights of a people , with the incolumity and welfare of a countrey . nor doth the subject onely reap benefit thus by parlement , but the prince ( if it be well consider'd ) hath equall advantage therby ; it rendreth him a king of free and able men , which is far more glorious than to be a king of slaves , beggers , and bankrupts men that by their freedom , and competency of 〈◊〉 are kept still in heart to doe him service against any forrain force . and it is a true maxim in all states , that 't is lesse danger and dishonour for the prince to be poor , than his people : rich subjects can make their king rich when they please ; if he gaine their hearts , he will quickly get their purses : parlement encreaseth love and good intelligence ' twixt him and his people ; it acquaints him with the reality of things , and with the true state and diseases of his kingdome ; it brings him to the knowledg of his better sort of subjects , and of their abilities , which he may employ accordingly upon all occasions ; it provides for his royall issue , payes his debts , finds means to fill his coffers : and it is no ill observation , the parlementary-moneys ( the great aid ) have prospered best with the kings of england ; it exceedingly raiseth his repute abroad , and enableth him to keep his foes in feare , his subjects in awe , his neighbours and confederates in security , the three main things which go to aggrandize a prince , and render him glorious . in sum , it is the parlement that supports , and bears up the honour of his crown , and settles his throne in safety , which is the chief end of all their consultations ; for whosoever is intrusted to be a member of this high court , carrieth with him a double capacity ; he fits there as a patriot , and as a subject : as he is the one , the countrey is his object , his duty being to vindicate the publike liberty , to make wholsom laws , to put his hand to the pump , and stop the leaks of the great vessell of the state : to pry into and punish corruption and oppression , to improve and advance trade , to have the grievances of the place he serves for redressed , and cast about how to find somthing that may tend to the advantage of it . but he must not forget that he sits ther also as a s●●●●ct , and according to that capacity , he must apply himse●● to do his soveraigns busines , to provide not onely ●●r his publike , but his personal wants ; to bear up the lustre and glory of his court ; to consider what occasions of extraordinary expences he may have , by encrease of royall issue , or maintenance of any of them abroad ; to enable him to vindicate any affront or indignity that might be offered to his person , crown , or dignity , by any forrain state or kingdom ; to consult what may enlarge his honour , contentment and pleasure . and as the french tacitus ( comines ) hath it , the english nation was used to be more forward and zealous in this particular than any other , according to that ancient eloquent speech of a great lawyers , domus regis vigilia defendit omnium , otium illius labor omnium , deliciae illius industria omnium , vacatio illius occupatio omnium ▪ salus illius periculum omnium , honor illius objectum omnium . every one should stand centinell to defend the kings houses , his safety should be the danger of all , his pleasures the industry of all , his ease should be the labour of all , his honour the object of all . out of these premisses this conclusion may be easily deduced , that , the principal founntain whence the king derives his happines and safety , is his parlement : it is that great conduit-pipe which conveighs unto him his peoples bounty and gratitude ; the truest looking-glasse wherein he discerns their loves ; now the subjects love hath bin alwayes accounted the prime cittadel of a prince . in his parlement he appears as the sun in the meridian , in the altitude of his glory , in his highest state royal , as the law tels us . therfore whosoever is avers or disaffected to this soveraign law making court , cannot have his heart well planted within him : he can be neither good subject , nor good patriot ; and therfore unworthy to breathe english air , or have any benefit , advantage , or protection from the laws . sectio secunda . by that which hath been spoken , which is the language of my heart , i hope no indifferent judicious reader will doubt of the cordiall affection , of the high respects and due reverence i bear to parlement , as being the wholsomest constitution ( and done by the highest and happiest reach of policy ) that ever was established in this island , to perpetuate the happines therof : therfore i must tell that gentleman who was author of a book entituled the popish royall favorite , ( lately printed and exposed to the world ) that he offers me very hard measure ; nay , he doth me apparent wrong , to tearm me therin no frend to parlement , and a malignant ; a character , which as i deserve it not , so i disdain it . for the first part of his charge , i would have him know , that i am as much a frend , and as real an affectionate humble servant & votary to the parlement , as possibly he can be , and will live and die with these affections about me : and i could wish , that he were secretary of my thoughts a while ; or if i may take the boldnes to apply that comparison his late majestie used in a famous speech to one of his parlements , i could wish ther were a crystall vvindow in my brest , through which the world might espie the inward motions and palpitations of my heart ; then would he be certified of the sincerity of this protestation . for the second part of his charge , to be a malignant , i must confesse to have som malignity that lurks within me , much against my will , but it is no malignity of mind , it is amongst the humours , not in my intellectuals . and i beleeve , there is no naturall man , let him have his humours never so well ballanced , but hath som of this malignity reigning within him ; for as long as we are composed of the four elements , whence these humours are derived , and with whom they symbolize in qualities ; which elements the philosophers hold to be in a restlesse contention amongst themselves ( and the stoick thought that the world subsisted by this innate mutuall strife ) as long , i say , as the four humours , in imitation of their principles ( the elements ) are in perpetuall reluctancy and combate for praedominancy , ther must be some malignity lodg'd within us , as adusted choler , and the like ; whereof i had late experience in a dangerous fit of sicknes it pleased god to lay upon me , which the physitians told me proceeded from the malignant hypocondriacal effects of melancholy ; having been so long in this saturnine black condition of close imprisonment , and buried a live between the vvals of this fatal fleet . these kinds of malignities , i confes are very rife in me , and they are not onely incident , but connaturall to every man according to his complexion : and were it not for this incessant strugling and enmity amongst the humours for mastery , which produceth such malignant effects in us , our souls would be loth ever to depart from our bodies , or to abandon this mansion of clay . now what malignity my accuser means , i know not ; if he means malignity of spirit , as som antipathy or ill impression upon the mind , arising from disaffection , hatred , or rancor , with a desire of some destructive revenge , he is mightily deceiv'd in me ; i malign or hate no creature that ever god made , but the devill , who is the author of all malignity ; and therfore is most commonly called in french le malin asprit the malignant spirit . every night before i go to bed , i have the grace , i thank god for it , to forgive all the world , and not to harbour , or let roost in my bosom the least malignant thought ; yet none can deny , but the aspersions which this my accuser casts upon me , were enough to make me a malignant towards him ; yet it could never have the power to do it : for i have prevail'd with my self to forgive him this his wrong censure of me , issuing rather from his not-knowledg of me , than from malice ; for we never mingled speech , or saw one another in our lives , to my remembrance : which makes me wonder the more , that a professor of the law , as he is , should pronounce such a positive sentence against me so slightly . but me thinks i over-hear him say , that the precedent discourse of parlement is involv'd in generals , and the topique axiom tels us , that dolus versatur in universalibus , ther is double dealing in universals : his meaning is , that i am no friend to this present parlement ( though he speaks in the plural number parlements ) and consequently , he concludes me a malignant . therin , i must tell him also , that i am traduc'd , and i am confident it will be never prov'd against me , from any actions , words , or letters ( though divers of mine have bin intercepted ) or any other misdemeanor , though som things are father'd upon me which never drop'd from my quill . alas , how unworthy and uncapable am i to censure the proceedings of that great senate , that high synedrion , wherin the wisdom of the whole state is epitomized ? it were a presumption in me , of the highest nature that could be : it is enough for me to pray for the prosperous success of their consultations : and as i hold it my duty , so i have good reason so to do , in regard i am to have my share in the happines ; and could the utmost of my poor endeavours , by any ministerial humble office ( and somtimes the meanest boatswain may help to preserve the ship from sinking ) be so happy , as to contribute any thing to advance that great work ( which i am in despair to do , while i am thus under hatches in this fleet ) i would esteem it the greatest honour that possibly could befall me , as i hold it now to be my greatest disaster , to have faln so heavily under an affliction of this nature , and to be made a sacrifice to publike fame , than which ther is no other proof , nor that yet urg'd against me , or any thing else produc'd after so long , so long captivity , which hath brought me to such a low ebbe , and put me so far behind in the course of my poor fortunes , and indeed more than half undon me . for although my whole life ( since i was left to my self to swim , as they say , without bladders ) has bin nothing else but a continued succession of crosses , and that ther are but few red letters found ( god wot ) in the almanack of my age , ( for which i account not my self a whit the lesse happy ; ) yet this cross has carried with it a greater weight ; it hath bin of a larger extent , longer continuance , and lighted heavier upon me than any other ; and as i have present patience to bear it , so i hope for subsequent grace to make use of it accordingly , that my old motto may be still confirmed , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . he produceth my attestation for som passages in spain , at his majesties being ther , and he quotes me aright , which obligeth me to him : and i hope all his quotations , wherin he is so extraordinarily copious and elaborate in all his works , are so ; yet i must tell him , that those interchangeable letters which passed between his majesty and the pope , which were originally couch'd in latine , the language wherin all nations treat with rome , and the empire with all the princes thereof ; those letters , i say , are adulterated in many places , which i impute not to him , but to the french chroniclen , from whom he took them in trust . the truth of that busines is this : the world knows ther was a tedious treaty of an alliance 'twixt the infanta dona maria ( who now is empresse ) and his majesty , which in regard of the slow affected pace of the spaniard , lasted about ten yeers , as that in henry the sevenths time , 'twixt prince arthur and ( afterwards ) queen katherine , was spun out above seven : to quicken , or rather to consummate the work , his majesty made that adventurous journey through the whole continent of france into spain ; which voyage , though ther was a great deal of gallantry in it ( whereof all posterity will ring , untill it turn at last to a romance ) yet it prov'd the bane of the busines , which 't is not the arrand of so poor a pamphlet as this to unfold . his majesty being ther arriv'd , the ignorant common people cryed out , the prince of wales came thither to make himself a christian . the pope writ to the inquisitor general , and others , to use all industry they could to reduce him to the roman religion ; and one of olivares first complements to him , was , that he doubted not but that his highnes came thither to change his religion : wherunto he made a short answer , that he came not thither for a religion , but for a wife . ther were extraordinay processions made , and other artifices us'd by protraction of things to make him stay ther of purpose till the spring folllowing , to work upon him the better : and the infanta her self desir'd him ( which was esteem'd the greatest favour he received from her all the while ) to visit the nun of carion ; hoping that the said nun , who was so much cryed up for miracles , might have wrought one upon him ; but her art failed her , nor was his highnesse so weak a subject to worke upon , according to his late majesties speech to doctor mawe and wren , who when they came to kisse his hands , before they went to spain to attend the prince their master , he wished them to have a care of buckingham ; as touching his son charls , he apprehended no fear at all of him ; for he knew him to be so well grounded a protestant , that nothing could shake him in his religion . the arabian proverb is , that the sun never soiles in his passage , though his beams reverberate never so strongly , and dwell never so long upon the myry lake of maeotis , the black turf'd moors of holland , the aguish woose of kent and essex , or any other place , be it never so dirty . though spain be a hot country , yet one may passe and repasse through the very center of it , and never be sun-burnt , if he carry with him a bongrace , and such a one his majesty had . well , after his majesties arrival to madrid , the treaty of marriage went on still , ( though hee told them at his first coming , that he came not thither like an ambassadour , to treat of marriage ; but as a prince , to fetch home a wife ; ) and in regard they were of different religions , it could not be done without a dispensation from the pope , and the pope would grant none , unlesse some capitulations were stipulated in favour of the romish catholics in england , ( the same in substance were agreed on with france . well , when the dispensation came , which was negotiated solely by the king of spains ministers ; because his majesty would have as little to do as might be with rome , pope gregory the fifteenth , who died a little after , sent his majesty a letter , which was delivered by the nuncio , wherof an answer was sent a while after : which letters were imprinted and exposed to the view of the world , because his majesty would not have people whisper , that the busines was carried in a clandestine manner . and truly besides this , i do not know of any letter , or message , or complement , that ever pass'd 'twixt his majesty and the pope , afore or after ; som addresses peradventure might be made to the cardinals , to whom the drawing of those matrimonial dispatches was referred , to quicken the work ; but this was only by way of civil negotiation . now touching that responsory letter from his majesty , it was not other than a complement in the severest interpretation , and such formalities pass 'twixt the crown of england , and the great turk , and divers heathen princes . the pope writ first , and no man can deny , but by all moral rules , and in common humane civility his majesty was bound to answer it , specially considering how punctual they are in those countries to correspond in this kind , how exact they are in repaying visits , and the performance of such ceremonies : and had this compliance bin omitted , it might have made very ill impressions , as the posture of things stood then ; for it had prejudiced the great work in hand , i mean , the match , which was then in the heat and hight of agitation : his majesties person was ther engag'd , and so it was no time to give the least offence . they that are never so little vers'd in business abroad , do know that ther must be addresses , compliances , and formalities of this nature ( according to the italian proverb , that one must somtimes light a candle to the devil ) us'd in the carriage of matters of state , as this great business was , wheron the eyes of all christendom were so greedily fix'd : a business which was like to bring with it such an universall good , as the restitution of the palatinate , the quenching of those hideous fiers in germany , and the establishing of a peace through all the christian world . i hope none will take offence , that in this particular which comes within the compas of my knowledg , being upon the stage when this scene was acted , i do this right to the king my master , in displaying the truth , and putting her forth in her own colours , a rare thing in these dayes . touching the vocal forest , an allegorical discourse , that goes abroad under my name , a good while before the beginning of this parlement , which this gentleman cites ( and that very faithfully ) i understand ther be som that mutter at certain passages therin , by putting ill glosses upon the text , and taking with the left hand what i offer with the right : ( nor is it a wonder for trees which lye open , and stand exposed to all weathers , to be nipt ) but i desire this favour , which in common justice , i am sure in the court of chancery , cannot be denied me , it being the priviledg of evry author , and a received maxim through the world , cujus est condere , ejus est interpretari ; i say , i crave this favour , to have leave to expound my own text , and i doubt not then but to rectifie any one in his opinion of me , and that in lieu of the plums which i give him from those trees , he will not throw the stones at me . moreover , i desire those that are over critical censurers of that peece , to know , that as in divinity it is a rule , scriptura parabolica non est argumentativa ; so it is in all other kind of knowledg , parables ( wherof that discourse is composed ) though pressed never so hard , prove nothi●g . ther is another rule also , that parables must be gently used , like a nurses brest ; which if you press too hard , you shall have bloud in stead of milk . but as the author of the vocal forest thinks he hath done , neither his countrey , nor the common-wealth of learning any prejudice therby ; ( that maiden fancy having received so good entertainment and respect abroad , as to bee translated into divers languages , and to gain the public approbation of som famous universities . ) so hee makes this humble protest unto all the world , that though the design of that discourse was partly satyrical ( which peradventure induc'd the author to shrowd it of purpose under the shadows of trees ; and wher should satyres be , but amongst trees ? ) yet it never entred into his imagination to let fall from him the least thing that might give any offence to the high and honorable court of parlement , wherof he had the honor to be once a member , and hopes he may be thought worthy again : and were he guilty of such an offence , or piacle rather , he thinks he should never forgive himself , though he were appointed his own judge . if ther occur any passage therin , that may admit a hard construction , let the reader observe , that the author doth not positively assert , or passe a judgement on any thing in that discourse which consists principally of concise , cursory narrations of the choisest occurrences and criticisms of state , according as the pulse of time did beat then : and matters of state , as al● other sublunary things , are subject to alterations , contingencies and change , which makes the opinions an● minds of men vary accordingly ; not one among● twenty is the same man to day as he was four yeer● ago , in point of judgement , which turns and alter● according to the circumstance and successe of things ▪ and it is a true saying , whereof we find common experience , posterior dies est prioris magister . the da● following is the former dayes schoolmaster . then another aphorism , the wisdome of one day is foolis●nes to another , and 't will be so as long as ther is man left in the world . i will conclude with this modest request to that gentleman of the long robe ; that having unpassionately perus'd what i have written in this small discourse , in penning wherof my conscience guided my quill all along as well as my hand , he would please to be so charitable and just , as to reverse that harsh sentence upon me , to be no frend to parlements , and a malignant . finis . the totall and finall demands already made by, and to be expected from, the agitators and army: vpon the concession whereof they will rest fully satisfied; and disband when they shall think seasonable, but not before in all probability. this text is an enriched version of the tcp digital transcription a91302 of text r201715 in the english short title catalog (thomason e399_9). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 14 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91302 wing p4107 thomason e399_9 estc r201715 99862214 99862214 114365 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91302) transcribed from: (early english books online ; image set 114365) images scanned from microfilm: (thomason tracts ; 63:e399[9]) the totall and finall demands already made by, and to be expected from, the agitators and army: vpon the concession whereof they will rest fully satisfied; and disband when they shall think seasonable, but not before in all probability. prynne, william, 1600-1669. 8 p. [s.n.], london, : printed in the year. 1647. sometimes attributed to william prynne. annotation on thomason copy: "july 21". reproduction of the original in the british library. eng england and wales. -army -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91302 r201715 (thomason e399_9). civilwar no the totall and finall demands already made by, and to be expected from, the agitators and army:: vpon the concession whereof they will rest prynne, william 1647 2140 6 0 0 0 0 0 28 c the rate of 28 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-04 emma (leeson) huber sampled and proofread 2007-04 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the totall and finall demands already made by , and to be expected from , the agitators and army : vpon the concession whereof they will rest fully satisfied ; and disband when they shall think seasonable , but not before in all probability . eccles. 2. 14. the wise mans eyes are in his head ; but the fool walketh in darkness . london , printed in the year . 1647. the totall and finall demands of the agitators and army : upon concession whereof they will rest fully satisfied , and disband when they shall think seasonable ; but not before , in all probability . 1. that all the * forces and militia of england , ireland , wales , and the islands thereunto belonging ; the city and tower of london , with all the towns , forts , and garrisons within england , ireland , wales , and the isles ; and the navy of the kingdom , may be immediately put into their hands and power ; not to inthral the parliament and people to their wils and tyranny , but to maintain the subjects freedom and liberties ; the kings prerogative and parliaments priviledges , in such sort , and for so long time , as they in their just discretions shal think meet : ( a demand already concluded , and in substance already propounded and granted ; ) that so the general ( only in name ) and lieutenant general , in truth , may become absolute emperors of all king charls his realms and dominions ( now captive under their soveraign power , ) til the agitators and army shal think fit to dethrone him , to set up either a new john of l●yden of their own creation , or introduce a popular tyranny , & anarchy , which suits best with their * principles , and the peoples freedom , the supream power and authority , to whom all other powers are subordinate de jure , and must be so de facto ; before this army disband ; as their papers intimate . 2. that not only the x-i. accused members , but all presbyterians and other members in both houses , opposite to the armies proceedings or designs in any particular , may be cast out of both [ as wel as all such officers cashiered the army ; ] predicted in englands birth-right , and now actually demanded in many of their printed papers , but most clearly expressed in that of 7o julii , at reading , wherein the commissioners of the army render this as a reason why they refuse to proceed in the treaty ; that notwithstanding the votes of the house of the tenth of june , and those since of the fifth of iuly , for the present purging of the house , yet divers persons comprised in these votes continue stil to sit there ; and what comfortable effect may we expect of a treaty so long as the parliament ( the supream iudicatory of the kingdom ) is constituted ☞ of some that are men of interests , contrary to the common good thereof , from whom we can expect nothing but banding and designing to obstruct and frustrate all proceedings ( contrary to their interest . ) and if a seasonable remedy be not given herein , we despair of any good to the kingdom by way of treaty . and when both houses are thus fully purged , that then king charls , their prisoner ( whom now they flatter only for the easier accomplishment of their own ends , & to take off the envy and opposition of his party , as some of them acknowledg in plain terms ) be forthwith articled against , * impeached , arraigned , deposed , executed , and his posterity dis-inherited by the parliament , as the grand delinquent , and author of all the late wars , mischiefs and blood-shed in his three kingdoms ; and after that the members of both houses , who have been opposite to them , arraigned and condemned as breakers of trust and invaders of the peoples liberties ; and then the domineering house of peers perpetually abolished , and a new-model'd parliament consisting meerly of commoners ( elected by the army ) constituted , to execute only what the generallity of the agitators and people shall prescribe them . 3. that the * assembly of divines be immediately dissolved and impeached of high treason ; presbyteries suppressed , the directory , national league and covenant , parishes , parish churches , chappels , tithes , oblations , ministers made by ordination , universities , and all schools of learning ( except only such as teach to read english , write and cypher ) all set forms of prayer , the lords prayer , creed , and ten commandments , baptizing of infants , and singing of psalms utterly abolished as antichristian , and an act of eternal oblivion passed against them ; that a full and free liberty be granted to all persons whatsoever to preach , baptize , dip , set up what new congregations and religions they please , and broach any heresie , error , blasphemy , or new opinion without the least inhibition , as they do now within the armies precincts . 4. that all * innes of court and chancery , all courts of iustice now erected , as wel civil as ecclesiastical , with the common , civil , canon and statute laws formerly in force ; and all corporations , tenures , copyholds , rents and services , with all titles and degrees of honor , nobility and gentry , elevating one free-subject above another may be totally abolished , as clo●gs snares , and grievances to a free-born people , and inconsistent with that universal parity and equality of condition which ought to be among free-men , & opposite to the cōmunion of saints 5. that all the * lands and estates of deans , chapters , prebends , universities , colledges , halls , free-schools , cities , corporations , ministers gleablands ; and so much of the lands of the nobility , gentry , and rich citizens and yeomen , as exceeds the summ of 300 l. per annum ▪ and all the revenues of the crown belonging to the king or his children , be equally divided between the officers and soldiers in the army to satisfie their arrears , and recompence their good services ( all the wealth of london being too little to reward them , as their friends have published in print ) that so the prophecy of daniel 7. 22. may be fulfilled , judgement is given to the saints of the most high , and the time came that the saints possessed the kingdom ; much descanted upon in the army both by the soldiers and their * chaplains , as now or never to be accomplished . 6. that all * reformado officers , soldiers , and forces in or about london , or elsewhere not actually under the armies power may be immediately dispersed ; all listings of men , but only by the generals and armies order , prohibited under pain of high treason ; the old city and parliaments guards removed ; and a new strong guard of horse and foot presently sent from the army to secure the city and tower of london , and the * commons house ( under pretence of preventing a new war ; ) that so the lives , liberties and estates both of lords , commons , citizens , gentlemen , reformadoes , soldiers , and people of all sorts , may be at the absolute mercy and free disposal of the army , without the least hopes of resistance , or opposition , till all the precedent demands be granted and accomplished ; and then we shal be as free a people as the slaves in turky or algiere . when all this is effected , and the kingdom utterly exhausted with taxes and free-quarter to keep up this unmercinary and most meritorious army , who have such glorious designs in hand for the kingdoms ease , and peoples liberties and enfranchisement from their ancient vassallage to the king , parliament , laws , magistrates , ministers , &c. our supream lords and masters ( the agitators and army ) wil be satisfied , and contentedly disband to divide the spoils in the fifth demand , but not willingly before , if their principles or printed papers ; their private free ingenuous discourses ; the pamphlets and petitions of their confederates , the practises of their predecessors in germany , and the series of their late high proceedings and multiplyed demands ( growing every day higher , and more then formerly ) may pass either for demonstrations , or more then probable presages . let all wise , honest , and wealthy men then , both in parliament , city and country be no longer gulled or blinded with specious pretences , but look about them in time ; and provide for the publick safety and the liberty of the king , parliament , kingdom , and their own preservation , before it be over late : and take the poets advice to heart . principiis obsta ; sero medicina paratur cum mala per longas invaluere moras . in fine ; in bello non licet bis errare ; hic nec semel . reader , consider these passages among others in lilburns new printed regal tyranny discovered , ( whose brothers are chief sticklers in the armies treasonable proceedings ) p. 14. we may evidently perceive , that this office of a king is not , in the least , of gods institution ; neither is it to be given to any man upon earth . and p. 56 , 57. charls stewart , hath committed treason against the kingdome of england , &c. to sum up all , he is guilty of all the innocent bloodshed in england , scotland , and ireland , since the wars , which is the blood of thousands of thousands . for which if all the sons of men should be so base and wicked as not to do their duty , in executing iustice upon him ( in deposing and beheading him ) which legally may and ought to be done , by those especially who have power , and authority in their hands ; yet undoubtedly the righteous god will , and that i am confident in an exemplary manner , in despight of all his bloody and wicked protectors and defenders . and then judge in what condition the king , kingdome , and parliament now are in , under the power of men of lilburns spirit and principles . finis . notes, typically marginal, from the original text notes for div a91302e-120 * sir thoma● fairfax last letters to the house , and the apprentices petition to him , sent to the agitators , ( newly printed ) their own speeches , and papers , and 14 article against the impeached members and the agitators massage to trinity house , evidence this . * laid down in regal tyranny discovered ; a clear and full vindication of the late proceedings of the army ; a declaration from the army june 14. 1647 englands birthright , and oth●r pamphlets . * this lilburns regal tyranny discovered , the title pa. and p. 14. 62 , 53 , 54 , 55 , 57 , &c. englands birthright . overtons , and other sectaries printed pamphlets clearly demonstrate and advise , which have a great influence on the agitators and army . * the araignment of persecution , the bloody tenet . sir simon presbyter , and many other late pamphlets of sectaries , clear all this , with hartfordshire petition against tythes and other petitions of like nature . * regal tyranny discovered . p. 15 , 16 &c englands birth-right , lilburn● apologie to judge reeve , the harfordsh . and other late petitions to the generall and army manifest this design . * this divers of the army and their friends have propounded in print and discourse . * m. sedwicks sermon at s. albans . * this is positively demanded in the armies remonstrances & printed papers to disingage & mutiny the reformadoes and leave the parliament and city naked of all defence . * this was moved in the house , and that by an alderman , and desired , in the young mans petition to the general . the true copys of several letters from portsmouth directed by col. sir arthur haslerig, col. herbert morley, col. valentine walton, commissioners by act of parliament for governing the armies, to the lord fleetwood at wallingford-house, with the lord fleetwoods answers thereunto : also, their several letters to ... the lord mayor, alderman and common-council of the city of london together with their letters from portsmouth, to the several militia's appointed by act of parliament, for the cities of london, westminster and borrough of southwark and their answers there unto. this text is an enriched version of the tcp digital transcription a63469 of text r21262 in the english short title catalog (wing t2609). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 36 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a63469 wing t2609 estc r21262 12226468 ocm 12226468 56527 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a63469) transcribed from: (early english books online ; image set 56527) images scanned from microfilm: (early english books, 1641-1700 ; 928:5) the true copys of several letters from portsmouth directed by col. sir arthur haslerig, col. herbert morley, col. valentine walton, commissioners by act of parliament for governing the armies, to the lord fleetwood at wallingford-house, with the lord fleetwoods answers thereunto : also, their several letters to ... the lord mayor, alderman and common-council of the city of london together with their letters from portsmouth, to the several militia's appointed by act of parliament, for the cities of london, westminster and borrough of southwark and their answers there unto. hesilrige, arthur, sir, d. 1661. morley, herbert, 1616-1667. walton, valentine, d. 1661? fleetwood, charles, d. 1692. [2], 12, [1] p. printed by john clowes ..., london : 1659. reproduction of original in the university of illinois (urbana-champaign campus). library. eng england and wales. -army -early works to 1800. a63469 r21262 (wing t2609). civilwar no the true copys of several letters from portsmouth, directed by col. sir arthur haslerig, col. herbert morley, col. valentine walton, commiss [no entry] 1659 6278 12 0 0 0 0 0 19 c the rate of 19 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2005-04 tcp assigned for keying and markup 2005-05 aptara keyed and coded from proquest page images 2005-06 mona logarbo sampled and proofread 2005-06 mona logarbo text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion the true copys of several letters from portsmovth , directed by col. sir arthur haslerig , col. herbert morley , col. valentine walton , commissioners by act of parliament for governing the armies : to the lord fleetwood at vvallingford-house . with the lord fleetwoods answers thereunto . also , their several letters to the right honourable the lord mayor , aldermen and common-council of the city of london . together with their letters from portsmouth , to the several militia's appointed by act of parliament , for the cities of london , westminster and borrough of southwark . and their answers thereunto . london , printed by john clowes , and published by special command , 1659. a letter to the lord fleetvvood , from sir arthur haslerigg , col. morley , and col. walton , commissioners of the army by act of parliament , for the governing the armys of england , scotland , and ireland . my lord , since the sad and wofull day , when your self ( that the parliament so much trusted and beleived ) brought their own forces and besieged the house , we have been silent : the act was so horrid it could not but amaze , to our best understandings , we observing your steps ever since , it appeares ; that your wayes are not the nations settlement , but that confusion and the greatest of miseries and sorrows will unavoydably overflow these islands ; and we are thereby made a shame and reproach , not only at home but throughout the christian world where england is named . we are told we shali have our liberties , how can that be ? when the foundation of all our liberties is in the parliament , that being the representative of the people , in whom is the originall of all just power . and is not the parliament the foundation of successive parliaments destroyed , so farr as you can do it ; can you imagine that we and many thousands that have hazarded our lives , and spilt our blood for our libertyes and religion , will now yeild up the cause so long and sharply contended for , and that god so miraculously owned ; and suffer parliaments to be imposed upon , and the people to be compell'd to governments , not made by their own representatives in parliament ; doth not god command that one should do to another as he would be done unto ? is not this a general command given to all mankind ? wo therefore to kings and every other person that assume power over man , and walk not according to that scripture rule ; can you oppress , can you impose , can you restraine liberty , can you take away propriety , and above all , can you overthrow your governours and destroy parliaments , and not break this rule ; is not the cause we contended for , the enjoyment of our liberties and religion ; we are sure god would have man to be free and not oppressed ; we only desire the maintenance of our good old cause which our gracious god so signally owned , when our potent enemies at sea , and at the same time those in england , scotland , and ireland rose up to oppose ; where is the humble self-denying spirit to be found ? we have most seriously considered the great trust reposed in us by the parliament , and desire to find out what is the duty incumbent upon us , and we cannot satisfie our selves , but that we are justly by parliament , not only to be questioned , but censured ; if we own not the parliament in this time of so great defection , and endeavour not now to our utmost the preservation of it : the great and good god by his providence brought us most seasonably to this towne , where we found captaine browne ( sent down by you ) endeavouring to withdraw the officers of this garrison from the parliament , perswading them to betray and falsifie their trust , and to act contrary to their commissions ; when a person becomes false , it follows he would have all others like himself , we heare he brought severall commissions of yours , we cannot but trouble you in this particular , do you think it a light matter to murther men ? hath not god given man power over the lives of all other creatures , and only reserved the life of man to himself , sacred writt holds it forth , that he that spils mans blood , by men shall his blood be spilt ; from whom comes your power to give commissions to kill men ? it is not to be found in scripture , if it came from man , we wish it could be made clear to the world and your own conscience , that you have a lawfull authority ; could you gaine all the power and wealth of these nations , it would do you but little good if thousands murthered by your commissions , rise up at the day of judgment against you : we have no particular ends of our own that we aime at , we only desire the restoring of the parliament , and the speedy settlement of the commonwealth ; so that we may enjoy our religion , liberties , and properties ; here lies in this port many ships not paid off , which is great expence to the publick ; and had not the parliament been lately interrupted by you , they had not been now to pay ; the marriners are ready to goe to forraign parts for imployment , having spent their arreares in attendance , and are not able to expect longer . thus the great debt of the nation increaseth . the spring of the year approaches ; dangerous enemies from abroad threaten us , there is nothing but confusion and general discontent at home ; if you take not some speedy course to give satisfaction to those that have been , and we hope yet may be your friends , it will be too late , and destruction must needs follow ; we wish if misery do come , that those who stated this our cause destroying quarrell , upon personall accompts , may only feel it . and that our mercifull god will find out some extraordinary waies to preserve our liberties and religion to posterity : we think fit to acquaint you that we find this garrison of portsmouth very faithfull to the parliament , and resolved to performe their dutyes and trusts according to their commissions , we incourage them what we can , and we hope your lordships may do the like ; and we shall be ready to assist you in any thing , wherein we are equally intrusted by the parliament , we hope that infinite wisdome and power will yet so order our affairs that the good old cause shall be preserved ; the declarations of generall monck are both sober and religious ; we own them , and exceedingly rejoyce in his faithfullness and constancy to the parliament ; he is a souldier of true honour and worth , and abhorrs falsness to his trust ; we and all well affected to the nations libertyes have cause to bless god for him , as the great assertor of our parliaments cause , and this we hold forth to your self , and all well wishers to publick interest ; we are portsmouth , decemb. 7. 1659. my lord , your lordships humble servants , arthur haslerigg , herbert morley ; valentine walton . for the lord fleetwood at wallingford-house . the lord fleetwoods letter in answer to the commissioners first letter . honorable gentlemen , in answer unto yours from portsmouth , i shall exercise that freedome , which i hope the present state of our affairs will give me liberty to do ; you are pleased to charge me with a horrible and amazing act , in my breach of trust , and why you should accuse me who are so guilty your selves , i do not know , unless by your accusation you think your selves freed from that confidence and trust that was put in you , that you would make good your word , which i must say , some of you have sadly forfeited ; engaging so solemnly as you have done , and yet being in that hostile manner in the place where you now are ; i will not take your course by excusing my self , further to aggravate your crime ; but in short , answer that for my breach of trust , you well know through some of your means , that trust the parliament was pleased to deliver me from , and quit me of that confidence , which they had been pleased to favour me with , which i must needs say , did deliver me from a great exercise of trouble , which otherwise i should have been under , had their trust continued in me ; vvho they were , that were instruments to take the parliaments good opinion from me ? you well know , i served them faithfully , and as for what you charge me with , destroying parliamentary authority ; i desire the lord may give you hearts to consider how much you have been instrumentall therein , and how sadly your own actions did put the army upon doing such things , which i know were grievous to their thoughts to be necessitated unto . the memory of that parliament , in what god did make use of them as instruments , i hope i shall alwaies own and honour , and were all our actions weighed in a due ballance from the first time of their last sitting , to their rising ; i doubt not but i shall appear to be a more innocent person , and even more faithfull to them , then by some of your actions it will appear you are . i delight not in changes ▪ it is neither my principle nor interest ; the government of parliaments is that i own and honour ; and though my steps you mention may be displeasing to your selves , yet i hope the lord will not leave me so without his presence , but to manifest i designe nothing of self interest , but the good of these poor nations , and the interests of the people of the lord , and the liberties of men ( as men might be preserved ) but how easily is your rule , ( to do to another , as one would be done to , ) broken by your selves , and yet directed to be observed by others ; and therefore as to that of imposing upon parliaments , who has more , had a hand in things of that nature , then some of your selves ; i delight not in words of provocation ; but for oppression , imposing , restraining liberty , taking away property , and advizing and abetting to the overthrowing of government and authority which you urge ; i beseech you give me leave to use the words of freedom , who hath had a hand in things of that nature , more you or my self . indeed i can truly say , the thoughts of doing any thing of that sort , or what may lead thereunto at any time is that which i dare not give way unto , not for fear of displeasing men only , but because i know such actions will be judged and condemned of the lord ; and wherein i have in anything been guilty upon any of those accounts , i desire to take the shame thereof to my self ; i would be loath to be found a wilfull transgressor therein , the thoughts thereof are with abhorrancy to my self ; i have no interest of my own to mind ; i had rather be in a corner , then in the station where i am , and if my silence and retirement might but save this cause , it would be the chearefullest work that ever i did engage in , and as by your letter , it seems you judge me the great troubler of our peace ; if i be so , my desires to the lord are to convince me thereof , and to make a way for my silence , rather then continue me in a condition to trouble these poor nations ; but alas ! how little is your actions considered by you in order to this thing ? what can it tend unto , but only to give a further encouragement to our common enemy to endeavour the destruction of the whole . i know you are persons of interest , and i speak it not therefore with reflections upon your own merrits ; but give me leave to tell you that i am confident , in the way you are in , you will be blasted , and only give the advantage to those who would destroy both the parliament and their friends ; so far will you be from restoring the parliament that your actions will lead ( if the lord prevent not ) to the destruction of parliamentary power ; as to your authority i will only say this : i am confident the parliament never intended you should make use of any of their forces against the rest ; and the truth is , i beleive it will be found you are mistaken in your commission : for you have only that power which i had as lieutenant general , and not as commanders in cheif . and what authority i had to command the forces was by vertue of my authority as commander in chief , and not as lieutenant general ; besides i had no power to levy forces , but to command those which were raised , and i am sure you have no greater power given to you then i had : when yet you extend your authority to the levying of new forces , which i dare confidently say you cannot justifie by that commission ; as for my authority of granting of commissions , i have the call of all the forces in england , except where you are ; which i hope i shall not so mannage , but that either the power i have may be confirmed by a supream authority , or disposed of to a fitter person then i am , to which i shall readily yeild obedience . your words are very severe , calling me little better then a murtherer . it s well known i have as little practised severity as any person that hath borne armes : and to be looked upon as a person greedy to shed blood , i have a conscience otherwise exercised , and wish that may not be laid to your charge which you do readily apply to me . as to marriners which you take notice of , that they spend the states money as not being paid off their arreares ; they may thank you that they are not paid , for it is well known there was money assigned for them , and would have been with them before this time , had not you interrupted the peace of that town where you are : and as soon as you return to your former peaceableness and friendship the marriners shall certainly be paid . if you have nothing in designe but the good of this cause , i hope what we are doing may give you satisfaction , and if you are in the capacity of friends , as formerly you have been , your advice would be hearkened unto in any thing , wherein we might be satisfied that the good of this cause might be preserved thereby . as for general monck , your good opinion of him ▪ i hope he will make good by his speedy agreement with us ; a return of which i expect to have by the next : the lord perswade your hearts to resolutions of peace , and that these sad breaches may be healed is the desire of your humble servant , charles fleetwood . vvallingford-house , decemb. 10. 1659. if we must be looked upon as enemies , i shall desire you will release cap. brown , cap. peacock , and cap. hopgood ; i will release col. markham , and col. atkins , whose offence i am sure was much greater then any you can charge them with , and are persons much more considerable . for the right honourable the lord mayor , aldermen and common-council of the city of london . my lord and gentlemen , we conceive it is not unknown to you , the trust the parliament reposed in us before theit late interruption ; we have waited ever since , expecting that the force would have been removed from the parliament house at westminster , that the members might have returned to their duties , but finding confusions and discontents to increase , we came to this town of portsmouth , which is of great concernment to the city and publick ; the governour and this garrison have declared their faithfulness to the parliament , there are many ships not paid off , and marriners ready for want of pay to go into forreign parts for employment , there must some speedy course be taken for preventing the great mischiefs which will otherwise follow . we cannot but approve of general monks declarations , and concurr with him fot the restoring of the parliament , we hope you do the like , and intreat you that no time may be delayed , but all endeavours may be used that the parliament doors may be forthwith opened , and the speaker desired forthwith , to send letters to the several members to perform their trust in parliament . we know no other way under god , to preserve your city and the nations from inevitable ruin , and to deliver us out of these miserable and woful confusions we are now in . we beseech you move speedily in this , for our cause and the safety of the whole lyes bleeding . we entreat to hear a word of your intentions , our affections as you well know , being very great for the welfare and prosperity of the city and we find such absolute necessity of the parliaments meeting , though but in order to the settlement of future parliaments , that if you cannot prevaile that they may sit quietly at vvestminster , we shall write to the speaker , that he would be pleased to meet at portsmouth , where we doubt not , through the mercy and goodness of god , they may sit with honour and safety , and act freely for the good and preservation of the your city & nations . we present our humble services to your lotdship , the aldermen and common-council , we are portsmouth 7. decemb. 1659. my lord and gentlemen , your most faithful and humblest servants . arth. haslerig , herb. morley , val. walton , for our honourable friends , the commissioners of the militia of the city of london , appointed by act of parliament . gentlemen , you know very well , that we have the chief command of all the forces in england and scotland by act of parliament , we are now at portsmouth , a place of great concernment ; we hope you believe that we desire peace and settlement , not a new vvar , we have no perticular design , we apprehend there is no other means for the preservation of our cause , the city and nations , and deliver us out of the woful confusions that we are now in ; but the opening the parliament doors , that the members may return and perform their trusts ; vve desire you to act your parts in pursuance of the trust reposed in you by the parliament ▪ for removing the force from the parliament ; we shall assist you to the utmost of our power , and remain gent. portsmouth , decemb. 7. 1659. your affectionate friends and servants , arth. haslerig , herb morley , val. vvalton . the same letter was sent to the militias at vvestminster and southwark . for the right honourable the lord fleetwood at vvallingford house . my lord . we shall not trouble you with any tedious reply to your letter , but this we must affirm that neither joyntly nor seperately did we or any of us , either to your self or any other person , passe our engagements , to do otherwise then we have done ; and if you had given any of us a perticular charge , we should readily have vindicated our selves : neither did we endeavour to remove the parliaments good opinion from you , though we well perceived your coldness in their service , else the paper sent from the northern brigade , had never produced the sad consequences that since have ensued ; and if it was against your conscience , to act as one of the seven commissioners appointed by act of parliament to govern the army , we marvel with what satisfaction you can now act by the call of private men , without any publick authority ; and yet pretend you desire retyrement : whether you have not been instrumental to destroy the parliamentary authority , and how farr we have been instrumentall to any such ends , we leave it to the lord and all indifferent men to judge ; neither shall we dispute the necessity that induced the officers to interrupt the the parliament , for if you and they say it was necessary no man must dare to say otherwise ; it is an easie matter to pretend to good things for the nation , oliver did the like , but the sequell manifested h●s own advancement to be at the bottom ; and it is well known when you remove us from our foundations you may carry us whether you please : we all deny to have been instrumentall in any breaches made upon the parliament ; but if we had we should not be ashamed to ask god and the world forgiveness , and resolve by our future deportments to repair such breaches . concerning oppression , imposing , restraining liberty , taking away property , governments and authority , we shall only say , that whosoever takes away our parliaments , takes the ready course to let them all in like a floud upon us ; neither do we think the council of officers competent per sons to judg of government , and to break parliaments , and put new fancies of their own instead thereof as they please ; how far your actings against the parliament or outs in persuance of the parliaments commands have given encouragement to the common enemy , we leave to your own consideration : or , because the parliament will not act what some officers of the army please , they must be inte●●upted . and if any prove faithful to discharge the trust reposed in them , they are the only troublers of the nation , and give advantage to the common enemy ▪ we are not ambitious of commands , having more given us by the parliament then we desired ; but conceive we have more authority to gran● commissions , in order to the parliaments restitution , then you can have from the call of any private persons to continue their interruption . you say , the marriners had been paid if we had not been here ; we suppose some of them are gone to london for their pay , and if money were sent to discharge the rest , we should be far from hindering their payment , or diverting the money . you pretend good intentions to the nations settlement , we are sure our hearts thirst after it , and that we are not guilty of any hostility in this place . in the interim , we resolve by gods blessing , to defend the same for the parliament ; if what you are doing might satisfie all the parliaments party , and secure parliamentary authority , the rights , liberties , properties of the people and religion : which is the good old cause , so much owned by god , and valued by all goodmen ; we should really rejoyce and bless god for it , and readily return to our former friendship , it being the desire of our hearts , that all misunde standings may be removed , the parliament restored , old friends reconciled , & the commonwealth settled upon righteous & lasting foundations ; and if you are as peaceably minded as we , you may make it appear by directing the withdrawing of the forces you sent toward this place , that so esfusion of blood may be prevented ; if otherwise we cannot believe you in●end peace . we are portsmouth , decemb. 14. 1659. my lord , your lordships servants , arth. haslerig , hetb . morley , val. walton . for the honourable sir arthur haslerig , col. walton and col. morley at portsmouth . honourable gentlemen , i have received yours , and finding that our personal reflections doth but provoak each other , and therefore i shall rather desire to commit my case unto the lord , then to argue it with man , not doubring but that he will plead my innocency , for me , and convince me wherein i may be found guilty , being desirous to bow before him in any thing wherein i may be found faulty , and take the shame unto my self , rather than be a reproach unto his name by any action of mine , the lord grant that this may be more and more yours and my frame , whatsoever our contests are ; yet i am sure of this , by reason thereof , the common enemy is like to have the advantage , and which of us may have the conquest ? we shall none of us be but loosers ; i wish ir be not found , that whilst you dispute the form you destroy the end , and though i may with others so much justifie our selves , yet that old friends that have but one interest should engage as enemies , is that which we have cause to take up as a lamentation , and let us take heed that saints blood be not layd to our charge ; it is a strange hand of god upon us , that there should not be found a wise man amongst us , who might direct some medium to make up these breaches . your actions have greatly widened our breach ; i have that comfort that i have no personal design of my own , but that this common cause and interest wherein we are all concerned may prosper , is my design ; and whatsoever you may satisfie your selves in the treachery and falsness of some persons , who after assurances given of their faithfulness , have lately forfeited the same ; be confident the lord will not prosper such practises . it is very vvell known , i am no enemy to parliamentary authority , and vvha●soever you may charge me vvith therein ; yet i hopeing actions shall manifest the contrary . and as for the forces which are before portsmouth , if you will engage that the nations peace shall not be disturbed by your endeavours to raise forces against us , we shall easily be perswaded to withdraw ours , and in any thing with a saving to this cause , shall be ready to expresse the respects which i have had formerly for you ; and being in some haste , i have only this to desire further of you , that would release one m. jennyns and mr. lucas , who though they are strangers to me , yet hearing they are vnder restraint upon our account , i desire their liberty , and shall give the same return of friendship , as their occasion offered to your humble servant , charles fleetwood . vvallingford house 17. dec. 1659. for the right honourable the lord fleetwood . my lord , having received and read your letter , dated the 17th instant , we find the expressions to be so mild , and to savour so much of godliness , and self-denial , that we cannot but speedily return you this , hoping that if the lord be pleased to give you a heart really to act what you write , the nations may yet be made happy ; we shall not labour to convince you of your being faulty , because you appeale unto god , who only is able to make you bow down before him ; and for our parts , we have examined our heatts , and we find joy and comfort , believing our selves to be in the way that god commands . we begun no contest , we waited two moneths , and nothing was brought forth but confusion ; we believe the common enemy may gain great advantage by our divisions ; but who gave the occasion , we are innocent ; and we know for either of us to conquer the other , is no gain to our cause . if you look upon the parliament but as a form , and disputing for that but disputing for a form : we differ from you , and take it to be the foundation upon which our liberties are upheld , and our religion under god to be preserved . that we old friends should engage as enemies ; 't is indeed great cause of lamentation ; and we are not only sensible of it , but those that truly fear god , sigh and mourne in secret , for the great shame and reproach , that the authors the●eby have brought upon the professors of godliness . we have been tender of saints blood , and very careful that poor innocent souldiers should not be destroyed , being sent by your commands , to oppose the authority of parliament ; but we have waited their coming in to us , and they have not as yet received any hurt from us . if the great providences of god working contrary to your expectation , and the wonderful confusions and distractions , may work upon you , and stir you up to be that wise man to make up these breaches while you have time , we shall have cause to blesse god for it . vve hear vice-admiral lawson declares for the restoring thu parliament , and is in the thames with the fleet in order to it . his declaration is sober , general monck desires the like ; we believe thousands will joyn with them , why should we divide upon this point ? we have seen a paper for a parliament to sit down the 24 of january , we cannot think the people will choose upon that authority , we are sure no qualifications can be made without parliament : so that the time will either be lost , or the cause hazarded by such proceedings ; we cannot but grieve to see the delay in restoring the parliament ; we believe god will again restore it , and those that contest against it , will in conclusion be found fighters against that which god hath owned , and will yet make instrumental for his glory , and the nations good ; for our own parts ; we are most ready and willing to lay down all , or any of our imployments for the publick peace : neither do we desire to hurt the persons or estates of any of those that have formerly been instrumental in the parliaaments , service ; we desire to be , not mistaken , we write not this as being under any fear of the place wherein we are ; for if ten thousand should come against us , our good god being with us , who hath furnished us with men and provisions sufficient , we need not too be afraid : only our sence of poor england's misery , and having earnest bowels after a speedy removall of our wofull distractions moves us to presse you to take off the force from the parliament doors , that the members may return to the exercise of their trust , without which we cannot expect peace or settlement ; and what you do , do quickly , for we know not what mischief a day may bring forth , and the sad consequences that may follow thereupon , and then you may repent when it will be too late . we are my lord , your lordships humble servants , arth. haslerig herb. morley , valentine walton . for the right honourable the lord mayor , aldermen and common counsell of the city of london . my lords and gentlemen , upon our first comming to this garrison , we writ to your lordship , the aldermen and common counsell , but fear it never came to your hands ; we now understand that vice admiral lawson hath declared for restoring the parliament , and in order to that hath brought the fleet into the thames , we hope you will joyne with us , and cause the force to be withdrawn from the parliament doors , that so there may be an authoritie which the nations will own that may heale the breaches , and remove confusions , which otherwise may suddenlie destroy us , we have seen a paper that mentions a parliament the 24th of january next , we conceive that authority will not be owned , neither can any quallifications be made but by parliament , so that the losse of time may prove our ruen the interrupted parliament is ready and know their work , and must lay the foundation for future parliaments , what hath caused all our miseries , but the first interruption of the parliament , all things done since by other conventions , being voyde and null , as you desire peace and settlement , we intreate your best assistance for the safety of the city and nations which are highly concerned in the speedy sitting down of the parliament ; we are my lords and gentlemen , your most faithfull and humble servants . arthur haslerigg . herbert morley . valentine vvalton . portsmouth , decemb. 20. 1659. december 22 , 1659. the lord mayor , aldermen , and common council of the city of london , in common counc●l assembled , read two letters from portsmouth , dated the 27th . instant , sent by col. sir arther haslerig , col. herbert morley , col. valeutine vvalton , commissioners appointed by act of parliament for governing the army , and ordered that the thanks of that court should be given to them , and appointed three commissioners , alde man vvilliam thomson , col. edward brumfield , mr. richard foord , to go to portsmouth to signifie so much to them , and to confe● with them about the peace and safety of the commonwealth of this city . right honourable , at our general meeting this day , your lords hip received of the 7th . instant were communicated to us and taken into our most serious consideration ; and thereupon in performance of your desire and the discharge of our own duty in order to the preservation of the cause of god these nations and this city , vve , resolved to use our indeavours for composing the late unhappy diffetences between the parliament and army , and that the parliamene may spedily be restored to the exercise of their trust , and accordingly appointed a committee to signifie the same as our opinion unto the councel of officers , which we thought meet to certifie in answer to your honours above-mentioned letter , and that we are guildhall , london 22th . december 1659. your honours and the commonmonwealths most affectionate and falthfull servants . the committee of the militia appointed by act of parliament for the city of london . these for the right honourable , sir arther haslerig , barronet , col. morley , and col. vvalten at portsmouth , present . the committee of militia for westminster acted very readily , and raised all their forces for the defence of the parliament . finis . a pindarick poem on the royal navy most humbly dedicated to their august majesties, k. william, and q. mary / written by mr. durfey. d'urfey, thomas, 1653-1723. 1691 approx. 26 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a37004 wing d2760 estc r976 11780584 ocm 11780584 49031 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a37004) transcribed from: (early english books online ; image set 49031) images scanned from microfilm: (early english books, 1641-1700 ; 490:13) a pindarick poem on the royal navy most humbly dedicated to their august majesties, k. william, and q. mary / written by mr. durfey. d'urfey, thomas, 1653-1723. [2], 15 p. printed and are to be sold by randall taylor, london : 1691. reproduction of original in huntington library. reissued in 1692, with cancel t.p.: a pindarick poem upon the fleet. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -royal navy -poetry. 2003-08 tcp assigned for keying and markup 2003-09 spi global keyed and coded from proquest page images 2003-12 daniel haig sampled and proofread 2003-12 daniel haig text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion a pindarick poem on the royal navy . most humbly dedicated to their august majesties , k. william , and q. mary . written by mr. d'urfey . devisum imperium cum iove caesar habet . in vita virgil. alta petunt , pelago credas innare revulsas cycladas , aut montes concurrere montibus altos . virgil lib. 8. london : printed , and are to be sold by randall taylor , near stationers-hall . 1691. a pindarick poem . i. calm was the ocean , as when first the sun blessing the new creation , had begun , to prove the makers power , and disperse indulgent beams arround the infant universe : triumphant neptune clear'd his stormy brow , curl'd his green dropping locks , and now his aged face with wanton smiling seem'd as if his present joy , had his past years redeem'd about him throng'd in every place , naereids and trytons , all the finny race that many a century of years had strove ; t' express their dutious zeal and love , where-e're the watry god his chariot drove , hush'd in the calm of soft contentment lay , some danc'd , whilst others with the sea nymphs play , all pleas'd to see their monarch smile , & the propitious day . ii. for now great britains glory 'gan t' appear , the royal navy here , predestin'd blest , its glorious course did steer : castles impregnable , not made to yield , as when of old the hands of gods did build ; glide on the rowling billows and make sport with each oposing surge , a monarchs court is every vessel , and in every room caesar might think himself at home , the amorous sails swell with the winds that blow , and woods of english oak upon the ocean grow , the flower de luce , and type of english tame , when they the french did lame : guilds every flag , and in each lyons eyes the rage of our wrong'd nation seems to rise ; to see what now they are , and heretofore we were ; when martial henry drove 'em to their walls , and royally reveng'd the mock of their proud tennis-balls . iii. britannia first the empress of the fleet , in awful pomp rides on each humble wave ; who forward crowd with joy as pleas'd to meet : her glorious stern and mighty sides to lave ; the jocund dolphins round about her keel , whene're the martial trumpets sound ; the charming influence of musick feel , and dance an antick round ; whilst on the deck a thousand heroes are ; valiant and young , true natives , scorning fear , that englands ancient blood , and honour bear : and at their feet a hundred brazen fates ; that kill as fast as iove creates : when their hot balls of death are flying on , t' eclipse the great false light of the proud gallick sun. iv. with bloody streamers waving in the wind , the soveraign next does steer her graceful course , raising her royal head , nor is behind britannia for her bravery or force ; imperial state , majestick like her name , reigns in each motion , and do's nobly show , her just disdain of an invading foe ; that dares affront her country or her fame . next her the phoenix london booms along , the lofty theam of a fam'd laureats song : that like great maro , best could treat of kings ; and write in mighty numbers mighty things . the great st. andrew too in equal rank ; exalts her glittering prow ; proud of her walls of oak , and death defying plank ; altho they never did in scotland grow ; and lastly , to fill up the glorious line , the blest st. michael , like her name divine ; crown'd with auspicious fortune comes , gallia's inveterate foe and rome's . for as the conquering archangel fought , and th' hellish dragon to confusion brought ; that o're mankind so prosperously prevails , so is she doom'd to rout and quell the dragon of versailles . v. and after these with spreading sails appear , more wonders moving in a lower sphere , a noble fleet of second and third rates , our causes bulwark and the states ; that our best brood of english bear , heroes that hold their honour as a jem , of rich , and of unpriz'd esteem ; and weigh each vessel that for empire strives , dear as their darling lives . the glorious neptune , and the vanguard bold the sandwich fam'd for bravery of old ; the royal duke , and valiant ossory , the beautious dutchess , mistriss of the sea : the dreadnought , and the restauration , the resolution , sworn to right the nation ; and next as good as e're did sayls unfurle , the great restorer of a crown , the loyal albermarle . vi. with many more , sacred in deathless fame , and in their brave commanders blest ; that scorn to play the last years wretched game , or fell their honour for base interest ; a noble courage swells each martial heart , whilst even each coward charm'd with secret shame , grows stout in spite of fear , and acts a heroes part ; to right his country and redeem his fame , the hated thought of gallick tyranny . in every freeborn english soul , will just resentment raise to a degree , that all such baseness must controul ; and as we of a noble roman read , who that his country might be freed ; bravely adventur'd , tho without reward , to stab a tyrant amongst all his guard. so rather than the french command our sea , or in sweet albion plant their hated colony , from out our navy , or our power at land , some son of fame , some glorious hand , no doubt the sacred steel will draw , and gloriously acquire the name of english scaevola . vii . thus in an intellectual vision lost , my sences charm'd with the inchanting view , a scene , to equal which apelles ne're could boast , and mighty titian never drew ; whilst long with pleasure sated i survey'd the dazling glory of the sea , where naval pomp in splendour lay , and englands grandeur was at large display'd , methought the watry god in state , drew near the royal fleet , and with a grace majestick seem'd to greet , her * that was honour'd with his name , & we have mention'd late . his numerous train of lesser deities , around his shelly chariot rowl'd , the winds were hush'd , and not a breeze durst be so bold , to move the silent waves ; but now , as if his power had doom'd the marine world to rest that happy hour , no sound was heard through all his scaly guard du ceur . viii . on a high rock that dash'd with waves had stood , e're since th' almighty ▪ fiat made the sea , and stemm'd the shock of the tempestuous flood , at whose deep root old father ocean lay , and to a hollow cell had carv'd his wondrous way . neptune advances , and to th' aged sire , ( whom joy uncommon did inspire , to see the seas triumphant god , honour the place of his abode ) waving his sacred trident , th' father grac'd , and on the rocks least craggy part upon his right hand plac'd . then full of oracle the profound silence broke , and thus of his lov'd albion with divine fury spoke . ix . oh thou , the garden of the universe , whose fame the songs of angels might disperse ; and bards divine , where wit is most extream , and merit wreaths of lawrel from the mighty theme . thou lovely park , where herds of kings may dwell pal'd in with sea , and be invincible thou blissful seat , which the eternal made ( untir'd with the creating trade ) before the courser mould had its decree , to form the common herb , or flower , or tree . how oft from my profound recess below , did i my sorrow shew ? sorrow as great as possible could be , when pity moves a deity , to see my darling britain , my lov'd isle , grow so degenerate and vile ; sickning with sloth , and baneful luxury ; her credit lost to a degree of cowardise , and gross stupidity : whilst her insulting neighbour potent grows , and her once petty foes , that some few ages past , gladly a peace with her embrac'd : whom her immortal kings , in former times , have conquer'd in their native climes ; took royal prisoners in the field , and to their own conditions made them yield , and from the glittering banner of their crown , taken the impress to adorn her own . now by her sloth undone , and treachery , her schism , rebellion , and impiety ; and by neglect in war so long remiss , have given her foes hope to possess , and her substantial lyons win for th' titular fleu de lice . x. redeem , redeem , thy wretched loss of time , redeem thy honour , mouldring as the grave ; no longer doze and hug thy sluggish crime , but rouze , and sinking credit save . the destinies are kind , the book of fate is fair , no blotted omen does appear , but influence benevolent crowns the auspicious year . thy wealth is mighty , and thy navy great , and blushing victory seems to wait , as pre-ordain'd by fate . the powers too of my empire all agree , from the vast caverns of unfathom'd sea , to assist britains cause espous'd by me . the waves shall mount , and winds shall rage , rough boreas shall the foe ingage ; who toss'd in fatal storms shall scatter far , or blindly on themselves make war , whilst zephyrus , and every gentle wind , still to thy fleet propitious are and kind , and on my watry plain shall safely ride , untroubled with a ruffling storm , or with a rowling tide . xi . and as the natives on thy chalky shore , behold with joy thy naval power , greater than britain e're could boast before . who if they loyal service pay , and take no bribes their country to betray , are strong enough to gain a universal sway . so fame through thy perspective let them see , albions felicity , fix'd in her present monarchs bravery . royal nassaw , of whom to write is vain , 't would blunt the ablest pen , and crack the soundest brain . th' extreme of thought , adorn'd with nicest wit , his character has never writ , describe all good they can , they must leave something yet . call him deliverer , let * eusebia kneel , and show the wounds she did so lately feel , unveil the bleeding breast his soveraign balm did heal . and then in prayer her grateful homage shew , still 't is a sacrifice too low . or stile him pious , generous , valiant , wise , who beyond virgil's muse , or soaring pindar flyes , will reach his fame no more than mole hills do the skies . strict moral vertue does his breast controul , and there reigns in him a true kingly soul. not sway'd by avarice or luxury , tyrannick lust , nor poor dogmatick bigottry , but firm to honour , true to his great trust , and to the meanest of his subjects just· in time of war none readier than he , to hazard life in th' field , or launch to sea ; the hunt of glory is his chief delight , but careful that his cause is right , upon french principles great nassaw will not fight , but on just motives , with the first go on , and face the worst of dangers , like each private man ; his royal heart mix with the common file ; nor will he wear the wreath , unless he share the toil . but to retrieve the glory of his nation , still pushes forward on each brave occasion , and his successful valour proves divine predestination . xii . next reverend father , lift thy eyes ; and if the aged opticks of thy sight , can bear a ray so bright , as never yet was rivall'd in the skies , see gloriana sighting on the throne ; her royal lord the faiths defender gone . observe how filial piety , loaded with state , and soveraign dignity , the weighty pressure of a crown ; the peoples satisfaction not her own , disturbs her sacred rest ; and anxious care , inveterate foe to all the fair , in th midst of her feign'd smiles still 〈◊〉 as chief , and shews true beauty in a shrowd of grief . see how the scale of justice wisely she commands , and holds the sword with guiltless hands : a perfect angel in a double kind , for outward grace and vertues of her mind . her heart with care of her great charge opprest , still throbs within her heav'nly breast . she wishes peace , but ah ! it will not be , the lands contagion spreads to that degree , 't is only war can cure the hated malady yet in the midst of wars alarms , it s hourly terrours , and impending harms , that discompose her mighty soul , and over all delights controul , her influencing eyes are still the same , and with their usual lustre flame ; her face is all serene and fair , and tho bellona may appear , warring within her troubled heart , love keeps his revels there . xiii . her sister in the next bright sphere does move , twin-like , in vertue , piety and love ; the happy mother to a brood of kings , that shall in future times do wondrous things : and as like heaven-born sisters they agree , in all the points of sacred amity . so choicest blessings providence bestows , and tho in different guifts , an equal bounty shews . to one a glorious diadem , to th' other an unvalued jem , a happy son , a young illustrious prince , that when the gallick insolence shall cool , and mighty williams annals fill , with histories of conquests there , as i presage they will , shall march with his brave sire , the royal dane , to summon normandy , poictieu and mayne , and as our once known ancient right , anjou and aquitayne ; from such an unkle , such a father too , that glorys brightest prize pursue . what may we not expect , when they our arms direct ? what from their conduct may not albion do ? the first his royal word esteems beyond a crown , and by their words good monarchs best are known . nor can a kings divinity be true , unless word be not sacred too . this , this , is caesars maxime , he who now commands . the boldest sons of fame in foreign lands , whilst denmarks noble prince as bravely here , offers his blood ; and rather than not bear , in britains danger , or its fame , a share , resolves t' ingage at sea a royal volunteer . xiv . thus spoke the marine god , and all around , from the rocks hollow cells and deeps profound , the listning tritons rise , and shelly trumpets sound , attended with a numerous train of scaly mobble of the main , who swam in crowds to see that pompous show , a glorious city made of castles , flow then bloated with the news , down to their mansion ooze , and distant fry , with joy return again but amongst all that neptunes speech had heard , and in attention had rever'd , hoary oceanus sat with most regard ; his awful counsellour and friend , that long since had his favour gain'd , for grateful service in his love , when ampitrite first did his hearts passion move . who as she at the foot of allas fate , priding her self in her free virgin state , was by her grandfire snatch'd away , and on a dolphin forc'd to ride , through the vast empire of the sea , to be deboachd into a bribe· he , till the marine deity had done his late admir'd oration , withheld his smothering griefs ; but now sighs taking vent , his bosom large did grow with sorrows , that he could no longer tame ; which from his swelling breast at last , thus broke into a flame . xv. great king of boundless floods , to whom was given not only the great empire of the sea , but as a more peculiar lott from heaven , a wisdom large as thy imperial sway . tho happy albion in thy favour blest , above all nations may exalt her head , a secret pang torments my breast , to see how spiritless and dead the natives are that throng her chalky shore , and how unlike their brood of heroes heretofore . glory was once the subject of their arms , but now for interest each faction swarms ; and honour which each noble bosome sway'd , for gold is barter'd , and become a trade . nay , even religion grows sophisticate , and base dissenting schism of late , with errours jarring , set em all at strife ; they preach up t'other , but they love this life . even the most reverend of the sacred mystery , the weakest eyes may plainly see , not proof against the luscious bait of tempting dignity . why since their soul and flocks should be their care , should worldly accidents their bosomes share , and sordid lucre take possession there ? at least whilst sacred providence , allows a proper competence , why should their obstinate and stubborn will occasion to their country so much ill , as in their cause , to make vile fewds increase , and they themselves renounce the type of apostolick peace . xvi . in court too 't is the same , few there by virtue purchase fame , but he that best can over-reach , best plays the courtiers game . the politician tires his brains but for his own peculiar gains , his countries cause might sink , lost be the state , had he not some by-ends of being great· or should we search the lawyers honesty , in knavish courts of common-pleas , or couzning chancery , you 'd find integrity appear the worst of all the causes there . rich mammons business shall not go amiss , but poor phillemon sues in forma pauperis ; and tho his worth be great , shall seldom draw to aid him , the compassion of the law. in love too we the same defects behold , hearts now are bought and sold ; the man of sense , alas ! in vain does wooe , dull ignorance with gold , can vertue far outdo , be merit ne're so great , or passion ne're so true . cinthia still chooses wealthiest men , th' ill fated fair one never looks within , ne're asks how worthy , but how great ? what qualities , but what estate ? and tho of gifts of fortune she 's possest , enough to make some man of merit blest , who would in grateful service waste his life t' oblige so generous a wife ; and happiness that way secure , which the rich husbands gold can ne're assure . yet land and titles bear the sway , cinthia does avarice obey ; and in her eye , how poorly does appear a thousand vertues , when compar'd t' a thousand pounds a year . xvii . in all degrees of frail humanity there must great errors be ; but ah my aged sight in tears is lost , to think that albion bears the most : the quality of every strange offence so much enrages providence , that mercy after crimes so base seems imposition upon heavenly grace . observe what jarrs , the bane of all content , amongst themselves her sons foment : discord , that ushers doubts and fears , is all the harmony she hears ; and hated broyls 'twixt friend and friend brings each successive day to its sad end . curst bigottry began the play , then revolution chang'd the scene , and brought a happy freedom in , till stubborn pride turn'd it a tragick way , and prov'd the humour of each native there , just like the nature of the clime and air. for as the weather instantly can change from hot to cold , from moist to dry , so they from rebels can turn loyal men , set up a king and prove his right , and for him vote , and for him fight , and at the least disgust can rebels turn agen . xviii . mean time whilst schisms possess our frantick brains , his ends the gallick tyrant gains : he the rich prize away does bear , for which we one another tear . what can this mighty navy do , if only opulent in shew ? if treason sculking lyes within , and they forget the name of english men , a scene of glory they may idly boast , but see with shame their country lost i' th' contrary , if loyal vertue warms their valiant hearts , and they dare use their arms , if they the difference can see 'twixt free-born right and slavery ; the french may well repent their insolence once more , and never hope t' adorn their brows with lawrels from our shore . xix . thus spoke the reverend father , to whom strait the awful god reply'd , well has thy tongue describ'd poor albion's state , and cause of gallick pride ; but now in great nassaws illustrious reign , the martial genius does return again ; her sons no longer lazy peace esteem , the souls of edward and great henry live in him . henry and william fated are the same ; there 's a prophetick force even in the name , which does mysteriously shew , the latter like the first shall conquer too . time lately was when sloth and ease , the poyson to their english blood , and curst destroyer of their good , worse than the plague , was their disease . but now their fortune rises to a nobler height , under great william prosperously they fight ; bigotted rulers their disgrace still brings , the dull and tame , ne're reach to fame ; a martial race thrive best with martial kings . so , as in numa's sluggish reign , forgetful rome dissolv'd in ease , the valiant ancus did her fame regain , and war succeeded drowsie peace : their brave new monarch a fresh game began , and boldly led the latins on : glory renew'd , the haughty gauls did bow , so arm'd with strong fidelity , their troops on shore , and power at sea ; courage that shall in fight renew , and my auspicious blessing too , as powerful rome did then , shall mighty albion now . xx. thus ending with an air divinely great , the deity rose up and blest the fleet ; at which the sea-gods from the shore , the blessing twice repeating or'e , with shouts confirm'd , and th' chariot strait prepare ; for now the soultry air , began t' offend th' scaly fry , and naereids gasping fret , for fear their fins should dry , their monarch plunging through the sea , down to his palace , drives a long mysterious way , through watry provinces where nature lyes 'mongst undiscover'd rarities . oceanus too , on his sea pacer plac'd , to his low home made haste ; who whilst th' attending train each to his mansion dives , full forty thousand fathom deep , the sire at last arrives . finis . notes, typically marginal, from the original text notes for div a37004-e170 * the neptune 2d . rate . * church . englands reioycing for the parliaments retvrne declaring the kingdomes happiness in their councells, and their iustice in their consultations against papists, arminiasme, and popish superstition / composed by iohn bond ... bond, john, 1612-1676. this text is an enriched version of the tcp digital transcription a28662 of text r10924 in the english short title catalog (wing b3578). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a28662 wing b3578 estc r10924 12827868 ocm 12827868 94303 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a28662) transcribed from: (early english books online ; image set 94303) images scanned from microfilm: (early english books, 1641-1700 ; 255:e173, no 9) englands reioycing for the parliaments retvrne declaring the kingdomes happiness in their councells, and their iustice in their consultations against papists, arminiasme, and popish superstition / composed by iohn bond ... bond, john, 1612-1676. 7 p. printed by f. l. for t. bates .., london : 1641. title vignette: port. poem. reproduction of original in thomason collection, british library. eng england and wales. -parliament -poetry. great britain -history -charles i, 1625-1649 -sources. a28662 r10924 (wing b3578). civilwar no englands reioycing for the parliaments returne. declaring the kingdomes happinesse in their councells, and their iustice in their consultati bond, john 1641 1069 3 0 0 0 0 0 28 c the rate of 28 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-04 tcp assigned for keying and markup 2002-05 spi global keyed and coded from proquest page images 2002-06 judith siefring sampled and proofread 2002-06 judith siefring text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion englands reioycing for the parliaments retvrne . declaring the kingdomes happinesse in their councells , and their iustice in their consultations against papists , arminiasme , and popish superstition . composed by iohn bond , cantabrid. . st. iohns coll. london , printed by f. l. for t. bates , and are to bee sold at his shop in the old bail●y 1641. england's reioycing for the parliaments returne . declaring the kingdomes happinesse in their councells , and their iustice in their consultations against papists , arminianisme and popish superstition . welcome ye starres of england , whose bright beames doth us illuminate , with the full streames of iustice , in whose sacred brow we scan the height of equitie ; and truth of man . whose splendor doe so radiantly appeare like fixed starres within our hemispheare and if the exub'rance of a word may swell so high , that angells may be said to dwell within your councells : nothing sure can be distill'd from you but meere divinity . but stay ! why doe my sawcy pen transgresse 'gainst modesty , in striving to expresse your panygericke , which the hearts of men cannot conceive enough : how dare i then presume audaciously now to expresse in you , renowned england's happinesse ? pardon ( greate worthies ! ) pardon my poore muse which ( while all other poet 's doe refuse this taske ) ambitious only is to bee in painting forth your sweet solemnity in your recesse how ev'ry heart did pray , praying enquire , enquiring wish the day of your returne and now you doe fulfill their expectation , and god's holy will . me thinkes i see each subiect strive to come and then endeavour you to welcome home vnto your sacred councell ; once begun , and ever shining as the splendent sun . blessed astr●a●aignes within your minds : within your hearts and constancie there finds a pious habitacle : firme faith now show's your blest intent , and pietie your brow 's 't is your returne , that makes our hearts to move with great alacritie , and greater love . 't is your returne that makes men to rejoyce and caroll forth their joy's with heavenly voice t is your returne , that causeth us to singe encomiums as from the muses spring . 't is your returne , that doth infuse my quill with poetrie , as from parnassus hill . and whatsoe're we doe , 't is your returne that causeth all our hearts in ioy to burne . for as monopolers did heretofore triumph , yet by your iustice they deplore their sad disastruous fortune : and the while truth under your protection rightly smile when bishops did exult , and made the poore too servile , who their lordships did adore those , who did strive to trample o're the crowne by your true iustice are all tumbled downe . and iudges likewise ( by whose false command extortion raigned ev'n throughout this land ) by your heav'n-guided councells , and great power doe most deservedly suspect the tower . but england doe not labour any more of these incendiaries , as before . proceed , renowned worthyes , then proceed and what in action is , perfect in deed . for ( loe ! ) the kingdome wholly doth depend on you : who doe it piously defend . behold , the pope doth quake at your returne , and mourning feares , and fearing still doth mourne which may he still continue , till he lyes ship-wrack , in mourning , and so mourning dyes ! behold ! the papists tremble , and doe feare extreamely , and soe sinke into dispaire . which may they sinke into ! for now i hope no more respect shall be given to the pope . behold ! armineans tumble every where and now are struck with repercussive feare . which may they still be struck with ! for i doubt they 'l be expell'd , and banished without . behold ! the priests of baal , atheists and iesuites , with other popish priests lament their fortunes : for in you they see nothing but iustice , and true equitie . you have deliv'red us from all the hands of these , and more , yea from the devills bands . we will not therefore so ungratefull seeme your sacred iustice e're to dis-esteeme : but to extoll , and celebrate your fames and pious honours , as perpetuall names , which never shall be out of memorie razed , but kept unto eternity : witnesse those prayers , which we dayly make , for your security , and councell's s●ke . each man prepares his mirth , each man salutes your blest returne , and each man disputes of your renowned equity , which finds an habitation in all severall minds . this land triumphs in you alone ( great peeres . ) who have absolved us from all our feares . oh let the sun-shine of your vertues then illustrate all the joyfull hearts of men ! and let the influence of your great power the gospell's mortall enemies devoure . for your securitie we dayly pray that true religion never may decay but re-erected by your equitie may flourish to all perpetuitie . and that the church of god may never more be dis-respected still as heretofore . but govern'd by your consultations may shine throughout all other nations . thus doe all things by you securely stand , and thus all things doe flourish in our land . by you the branches of relig'on grow , by you the rivers of the gospell flow . in you we doe receive a blessed station , in you we have a heav'nly contemplation . with you true iustice flourisheth aright . with you and good relig'on shineth bright . from you this iland doe receive a blisse from you , a blessing , not a iudas kisse . to you be therefore glory , and great praise to you we yeeld the olive , and the bayse . by , in , with , from you we receive all joy : to you be honour : which you shall enjoy . vestra deus dirigat concilia . finis . to his excellencie the lord charls fleetwood, and the rest of the officers of the army this text is an enriched version of the tcp digital transcription a94408 of text r211163 in the english short title catalog (thomason 669.f.21[24]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a94408 wing t1350 thomason 669.f.21[24] estc r211163 99900179 99900179 132744 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a94408) transcribed from: (early english books online ; image set 132744) images scanned from microfilm: (early english books, 1641-1700 ; 2557:20) to his excellencie the lord charls fleetwood, and the rest of the officers of the army fleetwood, charles, d. 1692. england and wales. army. 1 sheet ([1] p.) printed by j.c. for livewel chapman, london : 1659. signed: from several thousands of faithful friends to the good old cause, in and about the city of london. complaining of the army's neglect of its duty to the country and the cause. annotation on thomason copy: "april 26". reproduction of original in the henry e. huntington library. eng england and wales. -army -early works to 1800. presbyterianism -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. broadsides -england -london a94408 r211163 (thomason 669.f.21[24]). civilwar no to his excellencie the lord charls fleetwood, and the rest of the officers of the army. [no entry] 1659 613 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 tcp assigned for keying and markup 2007-07 apex covantage keyed and coded from proquest page images 2007-09 mona logarbo sampled and proofread 2007-09 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to his excellencie the lord charls fleetwood , and the rest of the officers of the army . sirs , having obtained favour from the lord in this day of apostacy to be faithfull to him in the promotion of righteousnesse , so long contended for , which for sometime past , to the grief of our hearts , hath been slighted and publickly denied , by those , who formerly had solemnely ( before the lord and his people ) engaged for it ; and now after our so long waiting upon the lord , he hath been pleased to give us some grounds of hope , that we shall live to see the reviving of the good old cause , by the taste you have given us of your willingness to appear for it , in some of your late expressions . the understanding of which ( together with what we have observed by tracing the foot steps of providence in your late transactions ) giveth us ground to believe that you are returning in good earnest ; the thoughts , of which , incourageth us to present unto you , vvhat the lord hath powerfully put upon our spirits , as the result of our several meetings , wherein we doubt not but we have met with god . 1. that you consider when and where you turned aside from the way in which god was pleased eminently to own you ; and also whether you have not found a want of that presence of the lord going along with your counsels and affairs , which in former times you were guided by , when that you appeared singly for god and your country . 2. secondly , that you would take a re-view of that declaration of that memorable parliament , published in the year 1648 , march 17. wherein they express the grounds of a free state ; and that the same parliament ( who changed the government from kingly to a commonwealth ) may assemble themselves together , for the exercise of the supreme trust committed to them , in the prosecution of which on april 20. 1653. they were interrupted . 3. thirdly , that you would consider who they were that from time to time have obstructed the faithful proceedings of those that are among you , whose hearts god hath touched with a sense of the great neglect of their duty to god and their country ; and be admonished forthwith to dismiss them , out of your councils and armies for time to come . 4. lastly , that you would consider who they are that have been ejected the army , or otherwise forced to forsake it , for their faithfulness to the cause of god and his people , in bearing their testimony against tyranny and oppression , and with all speed call them to their places , and admit them to your councils . in the doing of these things you vvill strengthen our hopes , that you are in reality and truth for god and his people , vvho vvill be thereby engaged to encourage and stand by you vvith their lives and estates ; otherwise our fears will be enlarged , that you are but daubing with untempered mortar ; and you may assuredly expect , that then the lord will depart from you , and all the faithful decline you . from several thousands of faithful friends to the good old cause , in and about the city of london . london , printed by j. c. for livewel chapman . 1659. the pre-eminence and pedigree of parlement whereunto is added a vindication of som passages reflecting upon the author in a book call'd the popish royal favorite, pen'd and published by mr. prynne wherein he stiles him no frend [sic] to parlements, and a malignant, pag. 42 : with a clearing of som occurrences in spain at his maiesties being there, cited by the said master prynne out of the vocal forest / by j.h. ... howell, james, 1594?-1666. this text is an enriched version of the tcp digital transcription a44745 of text r41000 in the english short title catalog (wing h3106b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 38 kb of xml-encoded text transcribed from 12 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a44745 wing h3106b estc r41000 19569727 ocm 19569727 109114 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a44745) transcribed from: (early english books online ; image set 109114) images scanned from microfilm: (early english books, 1641-1700 ; 1690:5) the pre-eminence and pedigree of parlement whereunto is added a vindication of som passages reflecting upon the author in a book call'd the popish royal favorite, pen'd and published by mr. prynne wherein he stiles him no frend [sic] to parlements, and a malignant, pag. 42 : with a clearing of som occurrences in spain at his maiesties being there, cited by the said master prynne out of the vocal forest / by j.h. ... howell, james, 1594?-1666. prynne, william, 1600-1669. popish royall favourite. 23 p. printed by r.r. for humphrey moseley, london : 1645. reproduction of original in the university of illinois (urbana-champaign campus). library. eng england and wales. -parliament. representative government and representation -england. great britain -politics and government. a44745 r41000 (wing h3106b). civilwar no the pre-eminence and pedigree of parlement. wherunto is added a vindication of som passages reflecting upon the author, in a book call'd the howell, james 1645 6857 1 5 0 0 0 0 9 b the rate of 9 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 allison liefer text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion the preeminence and pedigree of parlement . wherunto is added a vindication of som passages reflecting upon the author , in a book call'd the popish royal favorite , pen'd and published by mr. prynne ; wherin he stiles him , no frend to parlements , and a malignant , pag. 42. with a clearing of som occurrences in spain at his maiesties being there , cited by the said master prynne out of the vocal forest . by j. h. esquire one of the clerks of his maiesties most honorable privy-councel . published by special order . london , printed by r. r. for humphrey moseley . 1645. to my worthily honored frend , sir w. s. knight . sir , i have many thanks to give you for the book you pleased to send me , called the popish royal favorite ; and according to your advice ( which i value in a high degree ) i put pen to paper , and somthing you may see i have don ( though in a poor pamphleting way ) to clear my self of those aspersions that are cast upon me therin . but truly sir , i was never so unfit for such a task ; all my papers , manuscripts , and notes , having bin long since seized upon and kept from me . adde hereunto , that besides this long pressure and languishment of twenty three moneths close restraint ( the sense wherof , i find hath much stupified my spirits ) it pleased god to visit me lately with a dangerous fit of sicknes , a high burning feaver , with the new disease , whereof my body as well as my mind , is yet somwhat crazy : so that ( take all afflictions together ) i may truly say , i have passed the ordeal , the fiery tryal . but it hath pleased god to reprieve me to see better days i hope ; for out of this fatal black cloud , which now oresets this poor island , i hope ther will break a glorious sun-shine of peace and firm happines : to effect which , had i a jury , a grand-jury of lives , i would sacrifice them all , and triumph in the oblation . so i most affectionately kisse your hands , and rest your faithful ( though afflicted ) servant , from the prison of the fleet . j. h. the pre-eminence of parlement . sectio prima . i am a free-born subject of the realm of england ; whereby i claim as my native inheritance , an undoubted right , propriety , and portion in the laws of the land : and this distinguisheth me from a slave . i claim also an interest and common right in the high national court of parlement , and in the power , the priviledges and jurisdiction thereof , which i put in equal ballance with the laws , in regard it is the fountain whence they spring : and this i hold also to be a principal part of my birth-right ; which great councel i honour , respect , value , and love in as high a degree as can be ; as being the bulwark of our liberties , the main boundary and bank which keep us from slavery , from the inundations of tyrannical rule , and unbounded will-government . and i hold my self obliged in a tye of indispensable obedience to conform and submit my self to whatsoever shall be transacted , concluded , and constituted by its authority in church or state ; whether it be by making , enlarging , altering , diminishing , disanulling , repealing , or reviving of any law , statute , act , or ordinance whatsoever , either touching matters ecclesiastical , civil , common , capital , criminal , martial , maritine , municipal , or any other ; of all , which , the transcendent and uncontrolable jurisdiction of that court is capable to take cognizance . amongst the three things which the athenian captain thank'd the gods for , one was , that he was born a grecian , and not a barbarian . for such was the vanity of the greeks , and after them of the romans , in the flourish of their monarchy , to arrogate all civility to themselves , and to term all the world besides barbarians : so i may say to have cause to rejoyce , that i was born a vassal to the crown of england ; that i was born under so well moulded and tempered a government , which endows the subject with such liberties and infranchisements that bear up his natural courage , and keep him still in heart ; such liberties that fence and secure him eternally from the gripes and tallons of tyranny : and all this may be imputed to the authority and wisdom of this high court of parlement , wherin ther is such a rare co-ordination of power ( though the soverainty remain still entire , and untransferable in the person of the prince ) ther is , i say , such a wholsom mixture 'twixt monarchy , optimacy , and democracy ; 'twixt prince , peers , and communalty , during the time of consultation , that of so many distinct parts , by a rare co-operation and unanimity , they make but one body politic , ( like that sheaf of arrows in the emblem ) one entire concentrical peece ; and the results of their deliberations , but as so many harmonious diapasons arising from different strings . and what greater immunity and happines can ther be to a peeple , then to be liable to no laws but what they make themselves ? to be subject to no contribution , assessement , or any pecuniary levy whatsoever , but what they vote , and voluntarily yeeld unto themselves ? for in this compacted politic body , there be all degrees of peeple represented ; both the mechanick , tradesman , merchant , and yeoman , have their inclusive vote , as well as the gentry , in the persons of their trustees , their knights and burgesses , in passing of all things . nor is this soverain surintendent councel an epitome of this kingdom onely , but it may be said to have a representation of the whole universe ; as i heard a fluent well-worded knight deliver the last parlement , who compared the beautiful composure of that high court , to the great work of god , the world it self : the king to the sun , the nobles to the fixed stars , the itinerant judges and other officers ( that go upon messages 'twixt both houses ) to the planets ; the clergy to the element of fire ; the commons , to the solid body of earth , and the rest of the elements . and to pursue this comparison a little farther ; as the heavenly bodies , when three of them meet in conjunction , do use to produce som admirable effects in the elementary world : so when these three states convene and assemble in one solemn great junto , som notable and extraordinary things are brought forth , tending to the welfare of the whole kingdom , our microcosm . he that is never so little versed in the annales of this isle , will find that it hath bin her fate to be four times conquered . i exclude the scot ; for the situation of his countrey , and the quality of the clime hath bin such an advantage and security to him , that neither the roman eagles would flie thither , for fear of freezing their wings ; nor any other nation attempt the work . these so many conquests must needs bring with them many tumblings and tossings , many disturbances and changes in government ; yet i have observed , that notwithstanding these tumblings , it retained still the form of a monarchy , and somthing there was alwayes that had an analogy with the great assembly the parlement . the first conquest i find was made by claudius caefar ; at which time ( as som well observe ) the roman ensignes and the standard of christ came in together . it is well known what laws the roman had ; he had his comitia , which bore a resemblance with our convention in parlement ; the place of their meeting was called praetorium , and the laws which they enacted , plebescita . the saxon conquest succeeded next , which were the english , ther being no name in welsh or irish for an englishman , but saxon , to this day . they governed by parlement , though it were under other names ; as michel sinoth , michel gemote , and witenage mote . there are records above a thousand yeers old , of these parlements , in the raigns of king ina , offa , ethelbert , and the rest of the seven kings during the heptarchy . the british kings also , who retain'd a great while som part of the isle unconquered , governed and made laws by a kind of parlementary way ; witnes the famous laws of prince howel , called howel dha , ( the good prince howel ) wherof ther are yet extant som welsh records . parlements were also used after the heptarchy by king kenulphus , alphred , and others ; witnes that renowned parlement held at grately by king athelstan . the third conquest was by the danes , and they govern'd also by such general assemblies , ( as they do to this day ) witnes that great and so much celebrated parlement held by that mighty monarch canutus , who was king of england , denmark , norway , and mher regions 150 yeers before the compiling of otagna charta ; and this the learned in the laws do hold to be one of the special'st , and most authentic peeces of antiquity we have extant . edward the consessor made all his laws thus , ( and he was a great legis-lator ) which the norman conquerour ( who liking none of his sons , made god almighty his heir , bequeathing unto him this island for a legacy ) did ratifie and establish , and digested them into one entire methodical systeme , which being violated by rusus , ( who came to such a disastrous end , as to be shot to death in lieu of a buck for his sacriledges ) were restor'd by henry the first , and so they continued in force till king john , whose raign is renowned for first confirming magna charta , the foundation of our liberties ever since : which may be compar'd to divers outlandish graffs set upon one english stock , or to a posie of sundry fragrant flowers ; for the choicest of the british , the roman , saxon , danish , and norman laws , being cull'd and pick'd out , and gathered as it were into one bundle , out of them the foresaid grand charter was extracted : and the establishment of this great charter was the work of a parlement . nor are the laws of this island onely , and the freedom of the subject conserved by parlement , but all the best policed countreys of europ have the like . the germanes have their diets , the danes and swedes the riicks dachs ; the spaniard calls his parlement las cortes , and the french have ( or should have at least ) their assembly of three states , though it be grown now in a manner obsolete , because the authority therof was ( by accident ) devolv'd to the king . and very remarkable it is , how this hapned ; for when the english had taken such large footing in most parts of france , having advanced as far as orleans , and driven their then king charls the seventh to bourges in berry ; the assembly of the three states in these pressures , being not able to meet after the usual manner in full parlement , because the countrey was unpassable , the enemy having made such firm invasions up and down through the very bowels of the kingdom ; that power which formerly was inherent in the parlementary assembly , of making laws , of assessing the subject with taxes , subsidiary levies , and other impositions , was transmitted to the king during the war ; which continuing many yeers , that intrusted power by length of time grew as it were habitual in him , and could never after be re-assumed and taken from him ; so that ever since , his edicts countervail acts of parlement . and that which made the busines more feasable for the king , was , that the burthen fell most upon the communalty ( the clergy and nobility not feeling the weight of it ) who were willing to see the peasan pull'd down a little , because not many yeers before in that notable rebellion , call'd la jaquerie de beauvoisin , which was suppressed by charls the wise , the common peeple put themselves boldly in arms against the nobility and gentry , to lessen their power . add hereunto as an advantage to the work , that the next succeeding king lewis the eleventh , was a close cunning prince , and could well tell how to play his game , and draw water to his own mill ; for amongst all the rest , he was said to be the first that put the kings of france , hors de page , out of their minority , or from being pages any more , though thereby he brought the poor peasans to be worse then lacquays . with the fall , or at least the discontinuance of that usual parliamentary assembly of the three states , the liberty of the french nation utterly fell ; the poor roturier and vineyard-man , with the rest of the yeomanry , being reduced ever since to such an abject ●●●nin condition , that they serve but as sponges for the king to squeeze when he list . neverthelesse , as that king hath an advantage hereby one way , to monarchize more absolutely , and never to want money , but to ballast his purse when he will : so ther is another mighty inconvenience ariseth to him and his whole kingdom another way ; for this illegal peeling of the poor peasan hath so dejected him , and cowed his native courage so much by the sense of poverty ( which brings along with it a narrownes of soul ) that he is little useful for the war : which puts the french king to make other nations mercenary to him , to fill up his infantry : insomuch , that the kingdom of france may be not unfitly compared to a body that hath all its blood drawn up into the arms , brest and back , and scarce any left from the girdle downwards , to cherish and bear up the lower parts , and keep them from starving . all this seriously considered , ther cannot be a more proper and pregnant example then this of our next neighbours , to prove how infinitely necessary the parlement is , to assert , to prop up , and preserve the publike liberty , and national rights of a peeple , with the incolumity and welfare of a countrey . nor doth the subject onely reap benefit thus by parlement , but the prince ( if it be well consider'd ) hath equal advantage thereby ; it rendereth him a king of free and able men , which is far more glorious then to be a king of slaves , beggars , and bankrupts ; men that by their freedom , and competency of wealth , are kept still in heart to do him service against any forrain force . and it is a true maxime in all states , that 't is lesse danger and dishonour for the prince to be poor , then his peeple : rich subjects can make their king rich when they please ; if he gain their hearts , he will quickly get their purses : parlement encreaseth love and good intelligence 'twixt him and his peeple ; it acquaints him with the reality of things , and with the true state and diseases of his kingdom ; it brings him to the knowledg of his better sort of subjects , and of their abilities , which he may employ accordingly upon all occasions ; it provides for his royal issve , payes his debts , finds means to fill his coffers : and it is no ill observation . the parlementary-moneys ( the great aid ) have prospered best with the kings of england ; it exceedingly raiseth his repute abroad , and enableth him to keep his foes in fear , his subjects in awe , his neighbours and confederates in security , the three main things which go to aggrandize a prince , and render him glorious . in sum , it is the parlement that supports , and bears up the honour of his crown , and settles his throne in safety , which is the chief end of all their consultations : for whosoever is entrusted to be a member of this high court , carrieth with him a double capacity ; he sits there as a pairiot , and as a subject : as he is the one , the countrey is his object , his duty being to vindicate the publike liberty , to make wholsom laws , to put his hand to the pump , and stop the leaks of the great vessel of the state : to pry into and punish corruption and oppression , to improve and advance trade , to have the grievances of the place he serves for redressed , and cast about how to find somthing that may tend to the advantage of it . but he must not forget that he sits there also as a subject , and according to that capacity , he must apply himself to do his soveraigns busines , to provide not onely for his publike , but his personal wants ; to bear up the lustre and glory of his court ; to consider what occasions of extraordinary expences he may have , by encrease of royal issue , or maintenance of any of them abroad ; to enable him to vindicate any affront or indignity that might be offered to his person , crown , or dignity , by any forrain state or kingdom ; to consult what may enlarge his honour , contentment and pleasure . and as the french tacitus ( comines ) hath it , the english nation was used to be more forward and zealous in this particular then any other , according to that ancient elequent speech of a great lawyer , domus regis vigilia defendit omnium , otium illius labor omnium , deliciae illius industria omnium , vacatio illius occupatio omnium , salus illius periculum omnium , honor illius objectum omnium . every one should stand centinel to defend the kings houses , his safety should be the danger of all , his pleasures the industry of all , his ease should be the labour of all , his honour the object of all . out of these premisses this conclusion may be easily deduced , that , the principal fountain whence the king derives his happines and safety , is his parlement : it is that great conduit-pipe which conveighs unto him his peeples bounty and gratitude ; the truest looking-glasse wherin he discerns their loves ; now the subjects love hath bin alwayes accounted the prime cittadel of a prince . in his parlement he appears as the sun in the meridian , in the altitude of his glory , in his highest state royal , as the law tels us . therfore whosoever is avers or disaffected to this soveraign law-making court , cannot have his heart well planted within him : he can be neither good subject , nor good patriot ; and therfore unworthy to breathe english air , or have any benefit , advantage , or protection from the laws . sectio secunda . by that which hath been spoken , which is the language of my heart , i hope no indifferent judicious reader will doubt of the cordial affection , of the high respects and due reverence i bear to parlement , as being the wholsomest constitution ( and don by the highest and happiest reach of policy ) that ever was established in this island , to perpetuate the happines therof : therfore i must tell that gentleman who was author of a book entituled the popish royal favorite , ( lately printed and exposed to the world ) that he offers me very hard measure ; nay , he doth me apparant wrong , to terme me therein no frend to parlement , and a malignant ; a character , which as i deserve it not , so i disdain it . for the first part of his charge , i would have him know , that i am as much a frend , and as real an affectionate humble servant and votary to the parlement , as possibly he can be , and will live and die with these affections about me : and i could wish , that he were secretary of my thoughts a while ; or if i may take the boldnes to apply that comparison his late majestie used in a famous speech to one of his parlements , i could wish there were a crystal window in my brest , through which the world might espie the inward motions and palpitations of my heart ; then would he be certified of the sincerity of this protestation . for the second part of his charge , to be a malignant , i must confesse to have som malignity that lurks within me , much against my will ; but it is no malignity of mind , it is amongst the humours , not in my intellectuals . and i beleeve , there is no natural man , let him have his humours never so well ballanced , but hath som of this malignity raigning within him ; for as long as we are composed of the four elements , whence these humours are derived , and with whom they symbolize in qualities ; which elements the philosophers hold to be in a restlesse contention amongst themselves ( and the stoick thought that the world subsisted by this innatemutual strife ) as long , i say , as the four humours , in imitation of their principles ( the elements ) are in perpetual reluctancy and combate for praedominancy , ther must be some malignity lodg'd within us , as adusted choler , and the like ; wherof i had late experience in a dangerous fit of sicknes it pleased god to lay upon me , which the physitians told me proceeded from the malignant hypocondriacal effects of melancholy ; having been so long in this saturnine black condition of close imprisonment , and buried a live between the wals of this fatal fleet . these kinds of malignities , i confesse are very rife in me , and they are not onely incident , but connatural to every man according to his complexion : and were it not for this incessant strugling and enmity amongst the humours for mastery , which produceth such malignant effects in us , our souls would be loth ever to depart from our bodies , or to abandon this mansion of clay . now what malignity my accuser means , i know not ; if he means malignity of spirit , as som antipathy or ill impression upon the mind , arising from disaffection , hatred , or rancor , with a desire of som destructive revenge , he is mightily deceiv'd in me ; i maligne or hate no creature that ever god made , but the devil , who is the author of all malignity ; and therefore is most commonly called in french le malin asprit the malignant spirit . every night before i go to bed , i have the grace , i thank god for it , to forgive all the world , and not to harbour , or let roost in my bosom the least malignant thought ; yet none can deny , but the aspersions which this my accuser casts upon me , were enough to make me a malignant towards him ; yet it could never have the power to do it : for i have prevail'd with my self to forgive him this his wrong censure of me , issuing rather from his notknowledge of me , then from malice ; for we never mingled speech , or saw one another in our lives , to my remembrance : which makes me wonder the more , that a professor of the law , as he is , should pronounce such a positive sentence against me so slightly . but me thinks i over-hear him say , that the precedent discourse of parlement is involv'd in generals , and the tropique axiome tels us , that dolus versatur in universalibus , there is double dealing in universals : his meaning is , that i am no friend to this present parlement ( though he speaks in the plural number parlements ) and consequently , he concludes me a malignant ; therin , i must tell him also , that i am traduc'd , and i am confident it will be never prov'd against me , from any actions , words , or letters ( though divers of mine have bin intercepted ) or any other misdemeanor , though som things are father'd upon me which never drop'd from my quill . alas , how unworthy and uncapable am i to censure the proceedings of that great senate , that high synedrion , wherin the wisdom of the whole state is epitomized ? it were a presumption in me , of the highest nature that could be : it is enough for me to pray for the prosperous successe of their consultations : and as i hold it my duty , so i have good reason so to do , in regard i am to have my share in the happines ; and could the utmost of my poor endeavours , by any ministerial humble office ( and somtimes the meanest boat-swain may help to preserve the ship from sinking ) be so happy , as to contribute any thing to advance that great work ( which i am in despair to do , while i am thus under hatches in this fleet ) i would esteem it the greatest honour that possibly could befal me , as i hold it now to be my greatest disaster , to have faln so heavily under an affliction of this nature , and to be made a sacrifice to publike fame , then which ther is no other proof , nor that yet urg'd against me , or any thing else produc'd after so long , so long captivity , which hath brought me to such a low ebbe , and put me so far behind in the course of my poor fortunes , and indeed more then half undon me . for although my whole life ( since i was left to my self to swim , as they say , without bladders ) has bin nothing else but a continued succession of crosses , and that there are but few red letters found ( god wot ) in the almanack of my age , ( for which i account not my self a whit the less happy ; ) yet this crosse has carried with it a greater weight ; it hath bin of a larger extent , longer continuance , and lighted heavier upon me then any other ; and as i have present parience to bear it , so i hope for subsequent grace to make use of it accordingly , that my old motto may be still confirmed , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . he produceth my attestation for som passages in spain , at his majesties being there , and he quotes me right , which obligeth me to him : and i hope all his quotations , wherin he is so extraordinarily copious and elaborate in all his works , are so ; yet i must tell him , that those interchangeable letters which passed between his majesty and the pope , which were originally couch'd in latine , the language wherin all nations treat with rome , and the empire with all the prinees therof ; those letters , i say , are adulterated in many places , which i impute not to him , but to the french chronicler , from whom he took them in trust . the truth of that busines is this : the world knows ther was a tedious treaty of an alliance 'twixt the infanta dona maria ( who now is empresse ) and his mijesty , which in regard of the slow affected pace of the spaniard , lasted about ten yeers , as that in henry the sevenths time , 'twixt prince arthur and ( afterwards ) queen katherine , was spun out above seven : to quicken , or rather to consummate the work , his majesty made that adventurous journey through the whole continent of france into spain ; which voyage , though ther was a great deal of gallantry in it ( whereof all posterity will ring , until it turn at last to a romance ) yet it prov'd the bane of the busines , which 't is not the arrand of so poor a pamphlet as this to unfold . his majesty being ther arriv'd , the ignorant common peeple cryed out , the prince of wales came thither to make himself a christian . the pope writ to the inquisitor general , and others , to use all industry they could to reduce him to the roman religion ; and one of olivares first complements to him , was , that he doubted not but that . his highnes came thither to change his religion : wherunto he made a short answer , that he came not thither for a religion , but for a wife . ther were extraordinary processions made , and other artifices us'd by protraction of things to make him stay ther of purpose till the spring following , to work upon him the better : and the infanta her self desir'd him ( which was esteem'd the greatest favour he received from her all the while ) to visit the nun of carion ; hoping that the said nun , who was so much cryed up for miracles , might have wrought one upon him ; but her art failed her , nor was his highnesse so weak a subject to work upon , according to his late majesties speech to doctor mawe and wren , who when they came to kisse his hands , before they went to spain to attend the prince their master , he wished them to have a care of buckingham ; as touching his son charls , he apprehended no fear at all of him ; for he knew him to be so well grounded a protestant , that nothing could shake him in his religion . the arabian proverb is , that the sun never soiles in his passage , though his beams reverberate never so strongly , and dwell never so long upon the myry lake of maeotis , the black turf'd moors of holland , the aguish woose of kent and essex , or any other place , be it never so dirty . though spain be a hot country , yet one may passe and repasse through the very center of it , and never be sun-burnt , if he carry with him a bongrace , and such a one his majesty had . well , after his majesties arrival to madrid , the treaty of marriage went on still , ( though he told them at his first coming , that he came not thither like an ambassadour , to treat of marriage ; but as a prince , to fetch home a wife ; ) and in regard they were of different religions , it could not be done without a dispensation from the pope , and the pope would grant none , unless som capitulations were stipulated in favour of the romish catholikes in england , ( the same in substance were agreed on with france . ) well , when the dispensation came , which was negotiated solely by the king of spains ministers ; because his majesty would have as little to do as might be with rome , pope gregory the fifteenth , who died a little after , sent his majesty a letter , which was delivered by the nuncio , wherof an answer was sent a while after : which letters were imprinted and exposed to the view of the world , because his mijesty would not have peeple whisper , that the busines was carried in a clandestine manner . and truely besides this , i do not know of any letter , or message , or complement , that ever pass'd 'twixt his majesty and the pope , afore or after ; som addresses peradventure might be made to the cardinals , to whom the drawing of those matrimonial dispatches was referred , to quicken the work ; but this was onely by way of civil negotiation . now touching that responsory letter from his majesty , it was no other then a complement in the severest interpretation , and such formalities passe 'twixt the crown of england , and the great turk , and divers heathen princes . the pope writ first , and no man can deny , but by all moral rules , and in common humane civility . his majesty was , bound to answer it , specially considering how punctual they are in those countries to correspond in this kind , how exact they are in repairing visits , and the performance of such ceremonies : and had this compliance bin omitted , it might have made very ill impressions , as the posture of things stood then ; for it had prejudiced the great work in hand , i mean , the match , which was then in the heat and height of agitation : his majesties person was there engag'd , and so it was no time to give the least offence . they that are never so little vers'd in busines abroad , do know that ther must be addresses , compliances , and formalities of this nature ( according to the italian proverb , that one must somtimes light a candle to the devil ) us'd in the carriage of matters of state , as this great busines was , wheron the eyes of all christendom were so greedily fix'd : a busines which was like to bring with it such an universall good , as the restitution of the palatinate , the quenching of those hideous fires in germany , and the establishing of a peace through all the christian world . i hope none will take offence , that in this particular which comes within the compas of my knowledg , being upon the stage when this scene was acted , i do this right to the king my master , in displaying the truth , and putting her forth in her own colours , a rare thing in these dayes . touching the vocal forest , an allegorical discourse , that goes abroad under my name , a good while before the beginning of this parlement , which this gentleman cites ( and that very faithfully ) i understand there be som that mutter at certain passages therin , by putting ill glosses upon the text , and taking with the left hand what i offer with the right : ( nor is it a wonder for trees which lie open , and stand exposed to all weathers , to be nipt ) but i desire this favour , which in common justice , i am sure in the court of chancery , cannot be denied me , it being the priviledg of evry author , and a received maxime through the world , cujus est condere , ejus est interpretari ; i say , i crave this favour , to have leave to expound my own text , and i doubt not then but to rectifie any one in his opinion of me , and that in lieu of the plums which i give him from those trees , he will not throw the stones at me . moreover , i desire those that are over critical censurers of that peece , to know , that as in divinity it is a rule , scriptura parabolica non est argumentativa ; so it is in all other kind of knowledg . parables ( wherof that discourse is composed ) though pressed never so hard , prove nothing . ther is another rule also , that parables must be gently used , like a nurses brest ; which if you presse too hard , you shall have blood in stead of milk . but as the author of the vocal forest thinks he hath done , neither his countrey , nor the common-wealth of learning any prejudice thereby ; ( that maiden fancy having received so good entertainment and respect abroad , as to be translated into divers languages , and to gain the public approbation of som famous universities . ) so he makes this humble protest unto all the world , that though the designe of that discourse was partly satyrical ( which peradventure induc'd the author to shrowd it of purpose under the shadows of trees ; and wher should satyres be , but amongst trees ? ) yet it never entred into his imagination to let fall from him the least thing that might give any offence to the high and honourable court of parlement , wherof he had the honor to be once a member , and hopes he may be thought worthy again : and were he guilty of such an offence , or piacle rather , he thinks he should never forgive himself , though he were appointed his own judge . if ther occur any passage therin , that may admit a hard construction , let the reader observe , that the author doth not positively assert , or passe a judgment on any thing in that discourse which consists principally of concise , cursory narrations of the choisest occurrences and criticisms of state , according as the pulse of time did beat then : and matters of state , as all other sublunary things , are subject to alterations , contingencies and change , which makes the opinions and minds of men vary accordingly ; not one amongst twenty is the same man to day as he was four yeers ago , in point of judgment , which turns and alters according to the circumstance and successe of things : and it is a true saving , wherof we find common experience , posterior dies est prioris magister . the day following is the former dayes schoolmaster . ther 's another aphorism , the wisdom of one day is soolishnes to another , and 't will be so as long as ther is a man left in the world . i will conclude with this modest request to that gentleman of the long robe ; that having unpassionately perus'd what i have written in this small discourse , in penning wherof my conscience guided my quill all along as well as my hand , he would please to be so charitable and just , as to revers that harsh sentence upon me , to be no frend to parlements , and a malignant . finis . a grave and learned speech or an apology delivered by denzill hollis esq; in a full answer to the charge against him, from his excellency sir thomas fairfax and the army: for the clearing of himselfe in every particular crime charged against him in the papers. holles, denzil holles, baron, 1599-1680. this text is an enriched version of the tcp digital transcription a86468 of text r201716 in the english short title catalog (thomason e399_14). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 12 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a86468 wing h2460 thomason e399_14 estc r201716 99862215 99862215 114366 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a86468) transcribed from: (early english books online ; image set 114366) images scanned from microfilm: (thomason tracts ; 63:e399[14]) a grave and learned speech or an apology delivered by denzill hollis esq; in a full answer to the charge against him, from his excellency sir thomas fairfax and the army: for the clearing of himselfe in every particular crime charged against him in the papers. holles, denzil holles, baron, 1599-1680. [2], 6 p. s.n.], [london : printed in the yeare. 1647. place of publication from wing. annotation on thomason copy: "july 20th". reproduction of the original in the british library. eng holles, denzil holles, -baron, 1599-1680. england and wales. -parliament -expulsions -early works to 1800. impeachments -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a86468 r201716 (thomason e399_14). civilwar no a grave and learned speech or an apology delivered by denzill hollis esq;: in a full answer to the charge against him, from his excellency holles, denzil holles, baron 1647 2099 2 0 0 0 0 0 10 c the rate of 10 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-03 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-04 mona logarbo sampled and proofread 2007-04 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a grave and learned speech or an apology delivered by denzill hollis esq in a full answer to the charge against him , from his excellency sir thomas fairfax and the army : for the clearing of himselfe in every particular crime charged against him in the papers . printed in the yeare . 1647. a grave and learned speech , or an apology delivered by denzill holles esq &c. mr. speaker : it is my unhappinesse to stand accused by a charge against me , in which i doubt not ( and so the rest of the gentlemen under this mis-fortune with me ) to give a satisfactory accompt of innocency therein : and for that which concerns my self , i shall give this answer to it : i cannot undertake to charge my memory ( at this time ) to give particular and positive answers to those passages at oxford , which received a full debate in the house of commons two yeares since ; i doe not finde any new matter in this charge , save what i have ( together with mr. _____ who was a commissioner with me there ) then gave accompt of , when we were accused by the lord savill ; and this house was so fully satisfied ( after a full debate held severall daies thereon , that it was resolved upon the question , july 21. 1645. ( by this house ) that the matter of the report should be totally and finally laid aside . and for the truth hereof , to manifest my innocency , and discover the malice of the lord savill , who was then my accuser , i shall refer my selfe to the papers which concerne my then examinations , and the resolutions of the house thereon . and thus much i am informed since concerning his lordship , that he hath been much troubled at what he then did ; and ( to testifie his remorse for the injury he then did unto master _____ and my selfe ) his lordship sent a person of honour , not long since , to me , to give me assurance thereof , further declaring from him , that when his composition was made with the parliament , and was passed by both houses , he would then discover unto me how that whole businesse was laid against me , and who they were that laid it ; which when i knew , i should see i had no cause to be so angry with him , and therefore i was desired by a peere of the re●lme , ( who came from him not to be against him in setting the fine for his composition ; telling me that his lordship durst not discover it before , but when his composition was passed , he would let me know the particulars , the le●st inckling whereof ( to come from him to their knowledge , in whom he was in danger ) might prove his ruine . yet i can assure you ( to speak it without vanity ) i ( knowing my own innocency ) passed by it , never so much as sending to the lord savill about it , nor doing his lordship any dis-service for his former malice against me . and as for the letter sent from the earl of lindsey to me , containing ( as i am charged ) some secret designe . it is true , i received a paper from him , after which it was my unhappinesse to fall sick , which made me to forget it for some time ; yet so soone as it came to my minde , i did acquaint the house with it ; the contents of it was ( in a line or two , very short ) a recommendation of the bearer , the lord savill : i had then the words fresh in my minde , and did then repeate them in the house , at which time the house was so far satisfied therein , that this house resolved upon the question , july 19. 1645. that the receiving of that note , in the manner as i did , was no holding of intelligence with the enemy . and for the paper it self , i do not know what became of it , or whether i burnt it , as perhaps i might . now for that part of the charge which chargeth me that the earle of lindsey moved for a passe to go to oxford , and that the king should say , that i did him better service in the parliament , then i could do there ; that was reported to this house from the examinations of what the lord savill informed against me ; and , as i said then , so now , i know nothing of it , i am confident it is false ; the earl of lindsey , nor any body else , had never motion to any such desire from me , nor had i ever any such thoughts . as for what i am charged in the second article , with sending severall messages to the earl of dorset and the lord digby , or to joyne with any in drawing up propositions , and sending them privately to his majesty ; it is all false and untrue , in all and in every part of it . to that in the third article : i must acknowledge that ( by the lady carlisles favour ) i have often waited upon her , both at her lodgings in whitehall , and elsewhere , but never with any disaffested persons , to hold correspondency with the queene , to put conditions upon the parliament , to bring in the king upon any termes , by our plotting against the parliament , or to do any other thing in prosecution of such evill designes ; but only to shew that respect which is due to a lady of such honour . and i conceive it is well knowne to this house , that i have been alwayes so farre from having a great power upon the treasure of this kingdome , to maintaine the queenes party , assure her pention , or undertake to doe more for the king then the army would doe , that i have had as little to doe with money businesses as any ; i have not growne great by the ruines of others by these sad times , nor preferred my selfe nor friends to higher fortunes then otherwise we could have aspired unto . and that i should send unto the queene , to advise her to send the prince into scotland , to come into this kingdome in the head of an army , or invite the scots , or joyne with any other for inviting the scots , or any other forreigne forces to enter this kingdome , it is utterly false , and a meere invention of malice against me ; nor doe i know of any meanes used to cause or encourage any officers or souldiers to gather together tumultuously at westminster , to affright and assault the members of parliament ; for my part i am clear of any such thing . and for obstructing of petitions ( as i am charged in the first article ) when petitioners came to the parliament for redresse of publike grievances ; i have onely delivered my opinion in this house , when seditious petitions have been read ; and for major tuleday , and nicholas tew , they affronted the committee , and tew endeavoured to raise a tumult in the court of requests , to the danger and disturbance of the committee , who committed them both untill the next morning , which was approved by this house , yet ( upon my motion in his behalfe ) this house was pleased to bayle major tuleday , and shortly after mr. tew was discharged . as for that which is laid upon me in the eight article , concerning the drawing up of the declaration , it was done in this house , the house allowing it , and it passed both houses , and therefore it seemes strange to me that any should question that which was made an act of both houses of parliament ; i drew it up indeed ( though very unwilling to take that tax upon me ) as neare as i could according to the sence of the house , in obedience to a generall call upon me for it , being exceedingly prest and urged to doe it , as you well know . and for the reliefe of ireland , it was alwaies my indeavour to promote it , desiring that an intire body might have gone out of the army . it is true , some forces for ireland were commanded back from bromsgrove in worcestershire to reading , which was ordered by the committee that they might receive their pay safe . the officers then representing to the committee the great necessities of the souldiers , and that they did not know how to convey it into vvorcestershire in safety , in regard that it must passe through the quarters of the army , who had expressed great displeasure to those forces which were drawne off for ireland ; and the committee was the rather induced to doe it , because they knew the monies which was sent to oxford for disbanding a regiment there quartered , was seized on , which feare caused the calling back of those to reading , and not upon any designe whatsoever . and whereas by the 14. article i am charged with those gentlemen , to obstruct articles against the lord inchiquen , and for calling back the lord lisle , that his command might be committed to the lord inchiquen , i was ( alwayes so farre from keeping off proceedings upon those articles , that i furthered it all i could , and severall times moved it in the house , being very desirous to have all cleared concerning the lord inchiquen , whom i beleeve to be a man of honour and fidelity . and for that the lord lisles time of government in ireland was expired ( which was but to continue one yeare in that command ; ) the parliament being pleased to dispose of the affaires of ireland in an other way ; i went in the severall debates thereon ( in the house ) according to my judgement and conscience , not respecting any particular person , but the common good ; and for the writing of a letter to put out all those who favoured independants , i never knew of any such thing done . and whereas i am charged by my power and countenance to obstruct justice in the cause between alderman langham and captaine limery , it is very untrue . i confesse , that my selfe , and sir philip stapleton ( who is accused with me ) being one afternoone in the court of requests , we heard that the house of lords were then to sit , we went to aske the occasion thereof , and meeting with the earle of rutland in the lobby , his lordship told us , that it was about a great cause depending between langham and limery , and we had some discourse about it , but i did not understand that the merit of the cause was at all in question , onely the entertaining of it upon an appeale , concerning which i said , that it was my opinion , that it was the common justice of the kingdome , and not to be denyed to any : this was all that passed between us , as some of master limeries counsell then present ( who heard it spoken ) can testifie . and for the whole charge delivered into this house against me from the army , i have had a strict scruteny over my conscience , and have made enquiry upon every branch thereof into my past actions and intentions , and cannot finde that i have deserved such a returne from any who pretend to be friends to the parliament , and peace of the church and kingdome . finis . new presbyterian light springing out of independent darkness. or vi. important new queries proposed to the army, and their friends and party of the houses; concerning the late ordinance for repeal of the new militia of london, setled by an ordinance of both houses, when full and free, for an whole year, (not yet one quarter expired;) and other late repeals of ordinances and votes; and the high declaration against the intended petition and engagement of the londoners and others, for the speedy settlement of the kingdomes peace: occasioned by the debates thereof in the common councel in the guildhal on saturday last, the 24 of this instant iuly. discovering the dangerous consequences of repealing ordinances and votes, and the independents, sectaries, and armies plots, to blast the honour, justice, and reputation of this parliament, thereby to dissolve it and all others in it; their false pretences of peace, when they intend nought lesse; and their strange injustice and malice against presbyterians, which will end in their own dishonour and downfal. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91232 of text r201756 in the english short title catalog (thomason e400_24). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 27 kb of xml-encoded text transcribed from 7 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91232 wing p4021 thomason e400_24 estc r201756 99862256 99862256 114409 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91232) transcribed from: (early english books online ; image set 114409) images scanned from microfilm: (thomason tracts ; 63:e400[24]) new presbyterian light springing out of independent darkness. or vi. important new queries proposed to the army, and their friends and party of the houses; concerning the late ordinance for repeal of the new militia of london, setled by an ordinance of both houses, when full and free, for an whole year, (not yet one quarter expired;) and other late repeals of ordinances and votes; and the high declaration against the intended petition and engagement of the londoners and others, for the speedy settlement of the kingdomes peace: occasioned by the debates thereof in the common councel in the guildhal on saturday last, the 24 of this instant iuly. discovering the dangerous consequences of repealing ordinances and votes, and the independents, sectaries, and armies plots, to blast the honour, justice, and reputation of this parliament, thereby to dissolve it and all others in it; their false pretences of peace, when they intend nought lesse; and their strange injustice and malice against presbyterians, which will end in their own dishonour and downfal. prynne, william, 1600-1669. 12 p. [s.n.], london, : printed in the year, 16[47] attributed to william prynne by wing. annotation on thomason copy: "july 30th". imperfect: trimmed at foot, affecting imprint. reproduction of the original in the british library. eng england and wales. -army -history, (17th century) -early works to 1800. presbyterianism -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a91232 r201756 (thomason e400_24). civilwar no new presbyterian light springing out of independent darkness. or vi. important new queries proposed to the army, and their friends and party prynne, william 1647 4380 14 0 0 0 0 0 32 c the rate of 32 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-04 jonathan blaney sampled and proofread 2007-04 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion new presbyterian light springing out of independent darkness . or vi . important new qveries proposed to the army , and their friends and party of the houses ; concerning the late ordinance for repeal of the new militia of london , setled by an ordinance of both houses , when full and free , for an whole year , ( not yet one quarter expired ; ) and other late repeals of ordinances and votes ; and the high declaration against the intended petition and engagement of the londoners and others , for the speedy settlement of the kingdomes peace : occasioned by the debates thereof in the common councel in the guildhal on saturday last , the 24 of this instant iuly . discovering the dangerous consequences of repealing ordinances and votes , and the independents , sectaries , and armies plots , to blast the honour , justice , and reputation of this parliament , thereby to dissolve it and all others in in their false pretences of peace , when they intend naught lesse ; and their strange injustice and malice against presbyterians , which will end in their own dishonour and downfal . london , printed in the year 164● new presbyterian light springing out of independent darknes or six important new queries , proposed to the army and their friends and humble servants of the houses ; concerning the late ordinance for repeal of the new militia of london , setled by an ordinance of both houses , when full and free , for an whole year ( not yet one quarter expired ) and other late repeals of ordinances and votes ; and the high declaration against the intended petition and engagement of the londoners and others ; for the speedy settlement of the kingdomes peace , &c. it is a common observation , that new laws ever beget new doubts and questions : so have some new ordinances and declarations concerning the militia , petition and engagement of london , in the common-councel an saturday last ; reducible to the ensuing six queries . 1. whether ordinances and votes of both houses , passed with mature deliberation in a ful and free parliament , over-awed by no armed power , may or can in point of honor , law , or justice , be retracted or repealed on a suddain , upon the request or demand of a mutinous army , by any contrary ordinances or votes , made upon less debate or consideration ; when the houses were neither so sul nor free as befo●e , and divided in the later , but not in the former ordinances and votes , and that in the same session of parliament ? and whether the armics and independents end in putting the houses now upon such repealing ordinances and votes , ( for which they have sufficiently jeered and abused them in print , and manifested the dishonor and prejudice of it , in their humble remonstrance of iune 23. p. 8. 9. ) is not to render parliaments vile and odious to the people ; and thereupon to abolish them , and change the whole frame of government of this kingdom , into a councel of war , and agitators for the present , and a popular anarchy for the future ? but we trust all wel-affected intelligent people wil be so discreet , as to turn the blame and odium only upon the cheif plotters , and drivers on of this design ; and never grow weary of parliaments , but of that factious army & their confederates , who thus pervert and abuse them , and deserve exemplary punishment for it . 2. whether such a manner of revoking ordinances , and eating or repealing former votes , wil not render all ordinances and votes contemptible , ridiculous , and of little or no validity ; and shake all the ordinances and votes of both houses , either for the souldiers and others indempnity , in acting for the parliament , upon any ordinances ; or for the security of moneys advanced for the publique service , upon the excise , goldsmiths hall , sale of bishops lands &c. and make all such security invalid , since revokable at pleasure , if the army or independents shal but propound it ? and then in what sad condition are the poor presbyterians , who have engaged all their estates upon the faith of such ordinances and votes , to raise , maintain , and gratify independent forces , officers , members ( who have contributed least of any , and received most ) who may dash and null all their securities in a moment , if they comply not with them ? and whether the citie , common-councel , and all others who have advanced moneys , or acted upon any ordinances , have not just cause to question the validity of such repealing ordinances and votes , which may endanger their very lives , liberties and estates , and expose them to all kind of extremities ; notwithstanding their oft promised protection and indempnity ? 3. whether the suddain repeal of the ordinance of parliament , of the 4 of may 1647 , for the militia of london , setled by unanimous consent of the common-councel ▪ and both houses when ful and free , to continue for a ful year ( at least ) upon a bare motion from the army ( whom it no ways concerned , and who never motioned it to the city or their commissioners , in any of their letters or treaties with their commissioners , for ought appears ) only to the commons house , without any grounds or satisfactory reasons alledged for this suddain change , or once hearing or conferring with the city or militia ( as they have usually done upon all other occasions of far less consequence then this ) by an ordinance of 23. july 1647. ( before three moneths of the time expired ) which renders no reason at all of the alteration ; be not a jesuitical device of some swaying sectaries and independents ; partly for to alienate and divide the city from the parliament ( who cannot but resent it as an high discourtesie and affront , and a very ill requital of all their former services and fidelity to the parliament , which hath been so oft supplied by their bounty , and preserved by their valour , when few or none else stood by them to the effusion of their blood , & advanced no less then 80000. l ▪ at once for the new-modeling & raising of this very ungratful army , which now thus unworthily puts such an insufferable disgrace upon them . ) but principally to gain the tower of london and magazines in it , into the independents and armies custody , to inslave and command the city at their pleasure ; they having formerly plotted to surprise it by stratagem , which would have rendred them very odious ; and this being a far more plausible way to gain its possession , by color of an ordinance of both houses , who must bear all the blame , and envy , whiles the contrivers of it go scot-free . 4. whether this president at the armies instance , of repealing the old ordinance of the militia by a new ; may not prove a dangerous leading case for the houses sodainly to repeal sir thomas fairfax and all his officers commissions , which are but durante beneplacito : & quamdiu se bene gesserint ; ( and therefore all * forfeited by their mutinies and disobedience : ) and the late votes for putting all the forces in pay within the kingdom under his command , and for the continuance , pay and establishment of the army : with all other late votes passed in their favour and at their desires , and their very act of indempnity ? and then what wil become of their worships ? have they not then made a rod for their own tails ; and a halter for their own necks , in stead of the cities by this new ordinance of repeal , made with more hast then good speed ? 5. whether the house of lords and commons have not by their ordinance for the taking of the solemn league and covenant , authorized , obliged , and engaged all wel-affected citizens , gentlemen , soldiers , and subjects of the kingdom , who have taken it , solemnly to unite their heads , hearts and forces together at this present ( and upon all other just occasions ) for the preservation of religion and vniformity in church-government against heresie , error , blasphemy and schism ; the safety of the kings person and authority ; the defence of the just rights and priviledges of parliament , and of their own lives , estates , liberties ; ( all now endangered by a schismatical mutinous party in the army and their confederates ) the present effectual relief of distressed ireland , and bringing his majesty to or neer his parliament , in an honorable and just way , for the speedy settlement of a firm and happy peace , after all our expensive and bloody ▪ wars , so long delayed since the war hath ceased , to their great grief and dammage ? if not , then they and others are all mistaken in the words and tenour of the league and covenant , engaging them thereunto in positive terms under pain and censure of detestable perjury , apostacy ; neutrality ; and that they shal not suffer themselves directly or indirectly by whatsoever combination perswasion or terror ( be it of an whole revolting army or a declaration of high treason either from his majesty or any independent members of either house , or any sectaries who have either not taken , forgotten , or abjured the covenant ) to be divided or withdrawn from this blessed vnion and conjunction , either to make defection to the contrary ( prelatical , sectarian or independent ) part , or to give themselves to a detestable indifferency and neutrality in this cause which so much concerns the glory of god , the good and peace of the kingdoms and honor of the king : but shal all the days of their lives zealovsly and constantly continve therin against all opposition , and promote the same , according to their power against all lets and impediments ; be it from the army or any other ? if yea , as is irrefragable ; then with what conscience , face or justice can such be declared traytors , or guilty of treason , who shal now re-engage themselves to make good this league and covenant , and that by those very houses ( perchance not persons ) who formerly enjoyned and earnestly pressed them to take it , and proclaimed them treacherous and perjured if they brake it ? was ever such a strange contradiction as this , heard of in the world before ? the king proclaimed those traytors heretofore , who should adventure to take it by the houses command ; and the independents in the houses must now declare those , who have taken it by their order , traytors , because they conscionably keep it against a perfidious armies mind , who have highly violated it in every particular branch . but to requite their kindness , those honest covenanters wil inforce them and make it good at their utmost perils before all the world : that those who wilfully and treacherously break this league and covenant , are traytors ; not those who zealously and constantly continue therein : and if their decryed petition and engagement be treason ; the armies seditious , mutinous petitions , declarations , demands and letters , and seising and detaining of the king from the parliament against their votes and covenant , is much more treason : and therefore this strange subitane declaration of their friends and party serves only for this good use , implicitely and by way of necessary sequel ; to proclaim the generals , officers , agitators and armies declarations , proceedings and demands high treason at the least ; seeing they resolve and declare ( by what law is questionable ) the very signing of this new harmless ingagement , ( warranted by the solemn league and covenant ) to be such ; which they had neither justice nor courage to do before in direct and positive terms , as they ought and should have done : which declaration is as justly revocable no doubt as that , and may be more reasonably excepted against , then that against the armies seditious petition , & engagement , the* seminary and ground-work of all their undutiful and treasonable proceedings since , against the king , parliament , and poor dying ireland . 6. what reason or justice is there , that sir thomas fairfax , cromwels , cornet joyce , the agitators and armies confederacy and * solemn engagements to seize the kings person ; march up to london to enforce the houses , impeach and demand xi . eminent members at once , without just cause ; subvert the rights and freedom of parliaments ; propose very high and unreasonable demands , to which they must receive a present answer , or else be enforced to take extraordinary courses ; draw all other forces in the kingdom , and those designed for ireland to combine with them against the parliament ; their seizing of general poyntz , and sending him to the army to be tryed by a councel of war for his life , only for disswading his officers to joyn with the agitators and armie in these treasons ; should never be declared nor proclaimed treason by the houses all this while ; and yet the poor faithful citizens ( to whom the houses owe their lives and preservation more then to the army ) be sodainly declared traytors by them , only for reingageing themselves according to their covenant , to defend the king , parliament , and city , against these revolters , and to endeavour a safe & speedy peace ; which the world wil beleive the army and their freinds in the houses never cordialy intended , but pretended , only to delude the people ; because they declare the citizens desire and engagement to effect it , to be no less then * treason , and a very dangerous design , discovered to the speaker , in a letter by col. harvey , with the names of the chief conspirators , from his bishoprick of fulham , the purchase whereof , and something else hath made him lately independentish : and why was h. m. that chast and saint-like independent , ( who hath so much honesty as never in two years space , after divers summons , to give an account of the states money he received , and so much piety , as to plead for that most damnable heretick and blasphemour , best and his books ) imployed to draw up this declaration against the citizens petition and engagement ; who pleaded so violently for the revocation of the declaration against the armies petition , as an high breach of the subiects priviledg● and birthright , fit to be revoked ? surely it seems it is either because some independent grandees of the houses were privy and consenting to all these trayterous actions and proceedings of the army and so would not declare against them ▪ for fear of proclaiming themselves traytors , as wel as joyce and the army ; or because the times are now so metamorphosed , and the independent party become so strong by the impeachment and d●iving away of the presbyterian members ; that high treason in an independent and sectary , is become a commendable vertue , at least an irreprehensible offence , and a presbyterians meer performance of his solemn league and covenant ( which this declaration , it seems , would utterly repeal ) become no less then treason ; so much are presbyterians down the wind , and such is the independents and sectaries brotherly affection and liberty of conscience towards them , even for doing their conscience . what may they expect from them hereafter , who are so injurious and harsh towards them already ? the independent and sectarian party now are grown so confident , that they think the whole kingdom and both houses theirs , and the presbyterians quite defunct : and thereupon have newly published a libel with this title : the last wil and testament of sir john presbyter ; who dyed of a new disease , called , the particular charge of the army , &c. with his life , death and bvrial ; also his epitaph : ( discovering their mortal hatred to presbyterians , and the armies design to kill and bury them , ) which they presume already done by the armies charge : but , gentlemen , be not over hasty : sir john presbyter , though he hath silently slept a while , is now awaked ; and neither dead nor buried , but alive , and alive will be , when king john of leyden , the anabaptist , and saint ignatius loyola , the jesuited independent may be strangled at tyburn , or lose their pates on tower-hil for their sacred treacheries ; the whole series and history whereof , with the names , places of meeting , debates , letters and resolutions of the chief heads of the faction from time to time , and those who have treacherously revolted to them for base private ends , he wil speedily publish to the world to their eternal infamy , to shew he is still alive and unburied , and privy to their deepest secrets ; which he wil not only charge but make good against them , in a more honorable and parliamentary manner , then the army did , or can make good their charge against the members they impeached ; who dare trie their innocency by battle in the open feild ( so many to so many and one to boote ) against the gallant general and lievt. general , and any 9. or ten officers of the army more , that are gentlemen born , to end the controversy and wars without more expence of blood , as wel as answer them at the commons bar ; and wil prove themselves more faithful to the state , then any of their greatest accusers , if both sides may come to a free and fair tryal . in the mean time he wil pray ; that the armies , sectaries , and independents private ends , and self-seeking designs ; may never be able to obstruct the speedy settlement of our publick peace in england , or releif of desperate ireland , now gasping out it 's last breath ; whose loss and blood must onely rest on their score . whom their great friend and patron john lilburn in his new-printed epistles to cromwel thus paints out in their saint-like colours ; p. 9 , 10. you have robb'd by your unjust subtilty and shifting tricks the honest and gallant agitators of a●l their power and authority , and solely placed it in a thing called a councel of war or rather a cabinet juncto of 7 or 8 proud self-end d fellows , that so you may without controul make up your own ends : the chiefest of them are as base as base may be ; and wil sel christ , their country , friends , relations , and a good conscience for a little money or worldly riches . and are such saints to be trusted by parliament or king ? in fine , if parliament members out of by-ends , or fear of , or compliance with any particular party whatsoever , wil pass any unjust , dishonorable or inconsiderate votes or ordinances ; it is a just judgment of god upon them , that they should be enforced and induced publiquely to retract them with shame and dishonor , even by the meanest of the people : whose late tumultuous proce●dings , though no ways justifiable or excusable , but deserving exemplary censure , and carefully to be prevented , suppressed on all hands by the militia and other officers appointed for that purpose , for the future : yet they must be looked upon by all wise conscientious people , as fruits of the armies pernicious disobedience and exorbitancies , and permitted , ordered by gods providence to punish & correct , if not reform , the obliquity and iniquity of such timerous ▪ self-seeking , or time-serving warping members , who out of fear , self-interests , or to please a prevailing party or army , care not what they pass or vote , to the parliaments dishonor , and the publick prejudice , or hurt of those who side not with them ; the late sad effects and dangerous consequences whereof , may ( through gods blessing ) convince them of their former errors in this kind , and engage them to vote and act with more syncerity and publique generous spirits for the future ; aiming only at the common good , peace and speedy settlement of our distracted and almost ruin'd kingdoms . a post-script . john lilburn , the armies champion , cheif advocate , and councellor in his letters to leivt. general cromwel ; p. 13. hath this notable passage , which proclaims them a meer unlawful rout of rebellious mutiners , acting without a commission from the king or houses , whose orders and commands they positively disobey and protest against : and therefore all wel-willers to the parliament are bound by their covenant to withstand and protest against them and their proceedings , and endeavor their present disbanding , for the peoples ease , and settlement of the kingdoms peace . the army under sir thomas fairfax , is not now an army acting by a commission from the king , or the two hovses ; for although they were raised by an ordinance of the lords and commons assembled at westminster , for the defence of the king and parliament , the true protestant religion ( not the scotch , jewish , antichristian , inslaving presbytery ) and the laws and liberties of the kingdom ( not the arbitrary wils of the houses ▪ as appears by the ordinance , 15. feb. 1644. 2. part , book , declar . fol. 599. which possitively commands sir thomas fairfax , from time to time , to submit to , and obey all such orders and directions as he shal receive from both houses of parliament , or from the committee of both kingdoms . yet now he and his army apprehending and beleiving , that the wicked and swaying faction in both houses , would destroy them , and inslave the whole kingdom , do not only dispvte the two hovses orders and commands , bvt also possitively disobey them , as vnjvst , tyrannical , vnrighteovs : and being now thereby dissolved into the original law of nature , hold their swords in their hands for their own preservation and safety , which both nature , and the two houses practises and declarations teacheth them to do ; and justifies them , in and now act according to the principles of safety , flowing from nature , reason , and justice , agreed on by common consent and mutual agreement amongst themselves , in which every individual private souldier , whether horse or foot , ought freely to have their vote , to chuse the transactors of their affairs , or else in the sight of god , and all rotional men are discharged from obeying , stooping , or submitting , to what is done by them . and p. 4. in his letter to cromwel march 25. 1647. he lays down this as a ground , why the army should not lay down their arms upon any conditions in the world , before they see the laws and universal wel-known liberties of england settled : seeing i wil undertake publickly , and hope shortly to prove , the parliament tyrannizeth ten times more over vs , then ever the king did ; and i wil maintain that by the law of this kingdom , it is ten times easier to prove it lawful for us to take up arms against them in the ways they now go ; then it was for them to take up arms , when they did , against the king . and i profess i would do it , if i were rationally able to morrow . for this good antiparliamentary doctrine the army in their late demands require the enlargement of this arch-traytor , who by his own confession in his printed letters was the principal instrument to instigate cromwel and them to their present rebellion against the houses , their members and proceedings , as arbitrary and tyrannical , to subvert both king and parliament . and therfore it is high time for the city and kingdom to take up arms to withstand them in defence of the parliament , king , kingdom , according to their covenant . finis . notes, typically marginal, from the original text notes for div a91232e-240 this lilburne affirmeth in his epistles p. 13 ▪ see lilburns letters to cromwel , and the armyes solemne engagement . of iune 8. 14. 20 ▪ 23. yea high treason , punishable with the forfaiture of life and estate , so are the words of the declaration . an ansvver to the author of humble thanks for his majesties gracious declaration for liberty of conscience. y. z. 1672 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). b06802 13031331 wing z1 interim tract supplement guide c.20.f.2[95] interim tract supplement guide c.20.f.4[6] estc r15733 99882929 ocm99882929 182677 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b06802) transcribed from: (early english books online ; image set 182677) images scanned from microfilm: (early english books; tract supplement ; a1:1[96]; a4:2[6]) an ansvver to the author of humble thanks for his majesties gracious declaration for liberty of conscience. y. z. 1 sheet ([1] p.). printed for j. edwin at the three roses in ludgate-street, london, : 1672. signed: y.z. verse: "'twixt heaven and thee, how sprung these fatal jars ..." a reply to the work by robert wild, with reference to charles ii's declaration of 15 march 1672. "with allowance, may 6. 1672." reproduction of original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng wild, robert, 1609-1679. -dr wild's humble thanks for his majesties gracious declaration for liberty of conscience -early works to 1800. england and wales. -sovereign (1660-1685 : charles ii) -poetry -early works to 1800. dissenters, religious -england -poetry -early works to 1800. 2008-05 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-10 mona logarbo sampled and proofread 2008-10 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion an answer to the author of humble thanks for his majesties gracious declaration for liberty of conscience . 'twixt heaven and thee , how sprung these fatal jars , that thou ( poor robin ) rail'st against the stars ? to thee what have their influences done , with so much zeal to bark against the moon ? on heavens tables if thou knew'st what 's writ as well as on the earthly what is set , we would allow thou might'st the feud maintain , enabled by the belly not thy brain : these things , alas , transcend thy scrutiny , their language is but arabick to thee ; thou that could'st never yet higher advance , then dod , and cleaver , and the concordance . thou know'st not that the square of mercury to mars afflicts a punner's brain , yet we find it alas , to be too true in thee . we know what saturn did at barthol'mew , and some are of opinion so do you : in those dog-days had been the fittest time to curse thy stars ( poor robin ) in lewd time ; mount ano for parnassus then had gone , thou might'st have made with tears an helicon , and fetch'd a pegasus from abingdon . but now to rave , when a propitious ray has shin'd on thee , and turn'd thy night to day ; now that the claret-dispensation's come , and thou may'st vie for toe with him at rome ; assum'd the pristine rubies of thy beauty , and art made capable of being gouty : what is it less then when no foe was near us , with so much heat to cry out , curse ye meroz ! what have those reverend prelates done to thee thus to blaspheme their pious memory ? gloc'ster , and learned darham's name shall live , when thine in grubstreet hardly shall survive . unmanner'd man ! in stars , and men , ill read , to trample on the ashes of the dead ! well! since the royal clemency has given each man his leave to choose his way to heaven , clean , and unclean beasts into one ark driven : since pressing i' th' church-militant disappears , and all men now are gospel volunteers ; since we are all united , let 's agree , think you no worse of us , then of you , we ; for by your foul reflections we 'r afraid , you write the good old cause in masquerade . instead of bonds and persecution , wherewith you us'd to make the pulpit groan , thank our kind prince who with compassionate eyes look'd down and pittied your infirmities . this may be done without or rope , or bell , and thus dear dogg'rel , heartily farewel . from the star in ●olemanstreet , london . sir , yours , y. z. with allowance , may 6. 1672. london , printed for j. edwin at the three roses in ludgate-street , 1672. free-parliament quæres: proposed to tender consciences; and published for the use of the members now elected. by alazonomastix philalethes. more, henry, 1614-1687. this text is an enriched version of the tcp digital transcription a89281 of text r202956 in the english short title catalog (thomason e1019_23). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 8 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a89281 wing m2661a thomason e1019_23 estc r202956 99863076 99863076 115258 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a89281) transcribed from: (early english books online ; image set 115258) images scanned from microfilm: (thomason tracts ; 151:e1019[23]) free-parliament quæres: proposed to tender consciences; and published for the use of the members now elected. by alazonomastix philalethes. more, henry, 1614-1687. [2], 6 p. s.n.], [london : printed in the year of our redemption. 1660. alazonomastix philalethes = henry more. place of publication from wing. annotation on thomason copy: "april 10". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a89281 r202956 (thomason e1019_23). civilwar no free-parliament quæres:: proposed to tender consciences; and published for the use of the members now elected. by alazonomastix philalethes more, henry 1660 1250 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-03 jonathan blaney sampled and proofread 2007-03 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion free-parliament quaeres : proposed to tender consciences ; and published for the use of the members now elected . by alazonomastix philalethes . spectatum admissi risum teneatis amici ? printed in the year of our redemption . 1660. free-parliament quaeres , &c. 1. vvhether coffee be not the most fitting drink for the english nation , since we have equalled , nay out-gone the turks themselves ; for though they murdered the father , yet they presently set up the son ? 2. whether our late rumpers deserve not that that saying , nulla fides pietasve viris qui castra sequuntur , should be thus interpreted , there is neither faith nor pity to be shewed to them nor their janizaries ? 3. whether hell at westminster be not likely to lose its customers , since the devils are turned out of the parliament house ? 4. whether thom. scot can pretend to liberty of conscience , since he made an arch-bishops house a prison or gaol ? 5. whether by the covenant , sir arthur haslerigg ought not to be ejected from the bishoprick of durham , since by that we have sworn against all limbs of episcopacy ? 6. whether hanging or drowning be the best waies of transportation of our late republicans to the common-wealths of vtopia or oceana ? 7. whether that prophecy the saints shall rule the earth , be not meant of barbadoes , jamaica , or some terra incognita ? 8. whether col. john s. can keep off the taxes of an execution , by the profit he got by printing the late act of assessement ? 9. whether f. and h. the late common-wealth printers should not change names , since the first swells like a mountain , and the other is but a poor leveller ? 10. whether sir arthur haslerigg hath not a president of patience , in this his falling into the pit of adversity , from his falling into the ditch at leicester ? 11. whether bradshaw and dun did not accompany each other to hell , that the devil having got such a judge , might not want a fit executioner ? 12. whether the losse of writing the news of england , was not the cause that nedham was so busie with the news from brussels ? 13. why since england hath so long been made bedlam , the sectarians should rather be called fanaticks than franticks ? 14. whether the army be not dispossessed of the devil , and sir arthur , since they begin to submit to the civil authority ? 15. whether the souldiers ought not to tear off their red coats , since oliver first instituted them , that they might resemble the devils pensioners , in flaming doublets ? 16. whether the fanaticks do not hate monck now , as much as ever they did the church , their king , or country ? 17. if the proverb be true , when knaves fall out , honest men may come by their goods ; then whether lamberts switching the rump out of doors , and their driving him into the tower , may not open a door of hope for something further ? 18. whether a long parliament , a lord , and five members , might not , were they now conjoyned together , be termed the devils coach with six horses ? 19. whether there is not like to be a lesse arbibitrary administration of justice in hell , if bradshaw be made president there , instead of minos , rhadamanthus , or aeacus ? 20. vvhether the next parliament ought not to condemn dr. john owens primer , to be burnt by the common hangman , since it was made for the use of the children of the rump ? 21. whether any of the late rump could have stood for parliament-men , if neither fools nor knaves had been capable of election ? 22. whether it be not the cheapest way of buying lands , with col. harvey and others , to agree with the state for three moieties , and then cozen them of two ? 23. whether that comedie , called the costly whore , was not intended for the life of the lady sands , and was written by henry martin ? 24. whether the bastard , a tragedie , was compiled by mr. goff , or written by j. ireton ? 25. whether orlando furioso that antient italian poem , was not meant for a prophetical relation of the life of sir arthur haslerigg ? 26. whether the discontented collonel , be not the fittest play to be acted by our cashiered officers , since they have now no more to do in state comedies ? 27. whether sir arthur did not act the raging turk in westminster-hall , when he saw the admission of the secluded members ? 28. whether it was to know if he should be chosen for parliament man , or when he should take his turn at tyburn , that the said gentleman lately addressed himself to the star-cheater lilly ? 29. whether col. s. creditors have any assurance of his honestie , since he may , being a printer , so easily change the first letters of his name , and make it cheater ? 30. whether atkins be the anagram of a stink , or a stink of atkins ; and whether that be not a very fitting name for a member of the rump ? 31. whether the fift of november , or the twenty one of february , deserve the greater solemnity , as a day of delivery from the grander traytors ? 32. why a rump being a small and worst part of a man , so many good saints should go together to the making of it up ? 33. whether ever doctors commons might more fitly be called the spiritual court than lately , when none but saints were judges and proctors ? 34. whether the proverb that saith , facilis descensus averni , the way to hell is easie , be not a mistake , since our late states-men took such pains in it ? 35. whether the so stately equipping of the naseby frigat , be not for the bringing home of the son , since the father lost his crown and dignity at that fatal place , that so there may be an allusion to that proverb ? — quâ cuspide vulnus acutâ tulerat , hâc ipsâ cuspide tulit opem. 36. whether an act of oblivion can ever be really passed for the late men of the tail ; since they can never forget their former rogueries , if they be suffered to injoy the profits of them ? 37. whether the salt of the english wits is not strangely unprofitable , since it makes the rump to stink more and more in the nostrils of the people ? 38. lastly , whether it be not good service to the nation , to keep the stink of them thus fresh in their noses , that they may for the future avoid fouling their fingers with them ? finis . from the committee of sequestrations, sitting at cambden house in mayden lane, london it is desired by the committee for sequestrations of the estates of papists and delinquents within the jurisdiction of the lord maior, that for the ease of those who have liberally contributed to the parliament, ... england and wales. parliament. committee for sequestration of delinquents' estates. this text is an enriched version of the tcp digital transcription a83703 of text r211979 in the english short title catalog (thomason 669.f.7[40]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83703 wing e2578 thomason 669.f.7[40] estc r211979 99870642 99870642 161022 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83703) transcribed from: (early english books online ; image set 161022) images scanned from microfilm: (thomason tracts ; 245:669f7[40]) from the committee of sequestrations, sitting at cambden house in mayden lane, london it is desired by the committee for sequestrations of the estates of papists and delinquents within the jurisdiction of the lord maior, that for the ease of those who have liberally contributed to the parliament, ... england and wales. parliament. committee for sequestration of delinquents' estates. penington, isaac, sir, 1616-1679. 1 sheet ([1] p.) s.n., [london : 1643] title from caption and first lines of text. imprint from wing. an order from the committee for sequestration of delinquents' estates, requiring ministers to give public notice of the ordinances for the sequestration of the estates of all papists. dated at end: dated at cambden house aforesaid, the 28 of septemb. 1643. hen. linch, clerk to the said committee. signed at end: let this be read and published, as is desired. isaac pennington, maior. reproduction of the original in the british library. eng england and wales. -parliament. -committee for sequestration of delinquents' estates -early works to 1800. attachment and garnishment -england -early works to 1800. estates (law) -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a83703 r211979 (thomason 669.f.7[40]). civilwar no from the committee of sequestrations, sitting at cambden house in mayden lane, london. it is desired by the committee for sequestrations of england and wales. parliament. 1643 348 1 0 0 0 0 0 29 c the rate of 29 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-11 tcp assigned for keying and markup 2007-11 apex covantage keyed and coded from proquest page images 2007-12 john pas sampled and proofread 2007-12 john pas text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion from the committee of sequestrations , sitting at cambden house in mayden lane , london . it is desired by the committee for sequestrations of the estates of papists and delinquents within the jurisdiction of the lord maior , that for the ease of those who have already liberally contributed to the parliament , and for the better putting in execution the ordinances for sequestrations , the ministers and lecturers of each parish do the next lords day ( being the first of october ) give publike notice in each parish church , that the rents and estates of all papists are to be sequestred by the said ordinances , and of all such who have voluntarily contributed any ayd or assistance to the forces raised against the parliament , or have gone , or shall go to any of the kings armies , or other forces raised without consent of both houses of parliament , and have there continued , and shall not , within ten dayes after sequestration of their estates , shew sufficient cause to the said committee of their absence ; and of all such as shall fraudulently imbezzle , conceale , or convey away any part of their estate , without valuable consideration , thereby preventing the payment of any taxes or assessements laid upon them by any ordinances of both houses of parliament ; or that , after any such tax laid on them , convey themselves away , whereby such tax cannot be executed on them , or on their estates , according to the said ordinances : and that for the discovery of such estates so imbezzeled and concealed , belonging to such papists and delinquents as aforesaid , the said ordinance alloweth twelve pence in the pound , to be paid to every person so making discovery to the said committee . dated at cambden house aforesaid , the 28 of septemb. 1643. hen. linch , clerk to the said committee . let this be read and published , as is desired ▪ isaac pennington , maior . a moderate and most proper reply to a declaration, printed and published under his maiesties name, december 8 intended against an ordinance of parliament for assessing, but indeed animating and encouraging the malignants, and delinquents, in their violent courses, for the maintenance of themselves, and their malignant army. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a51058 of text r41506 in the english short title catalog (wing m2320a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 28 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a51058 wing m2320a estc r41506 31355469 ocm 31355469 110483 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a51058) transcribed from: (early english books online ; image set 110483) images scanned from microfilm: (early english books, 1641-1700 ; 1747:20) a moderate and most proper reply to a declaration, printed and published under his maiesties name, december 8 intended against an ordinance of parliament for assessing, but indeed animating and encouraging the malignants, and delinquents, in their violent courses, for the maintenance of themselves, and their malignant army. prynne, william, 1600-1669. [8] p. [s.n.], london : printed, 1642. attributed to william prynne --cf. nuc pre-1956 imprints. imperfect: print show-through. reproduction of original in the huntington library. eng england and wales. -parliament. great britain -history -civil war, 1642-1649. great britain -politics and government -1642-1649. a51058 r41506 (wing m2320a). civilwar no a moderate, and most proper reply to a declaration, printed, and published, under his maiesties name, december, 8. intended against an ordin [no entry] 1642 5140 2 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. 2002-03 tcp assigned for keying and markup 2002-04 apex covantage keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 mona logarbo text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion a moderate , and most proper reply to a declaration , printed , and pvblished , under his maiesties name , december , 8. intended against an ordinance of parliament for assessing . but indeed animating and encourageing the malignants , and delinquents , in their violent courses , for the maintenance of themselves , and their malignant army . london , printed , 1642. a moderate and most proper reply to a declaration , the pen that drops this declaration , lately set forth under his majesties name , is a fellow to that tongue which cuts like a sharpe rasor , the rasor is sharpe but it plainly appeares that malignancy is the whetstone , and gives it the edge ; for so it cut , it cares not though it mangles truth and goodnesse ; and so it cut those whom it hates , it cares not though it cut also those whom it professeth to love . for the maine worke of this declaration is to condemne that in war , which the favorits , if not the framers of this declaration have practised in peace , yea to condemne that which in war the parliament hath done for the preservation of the kingdome , being far lesse then that which themselves have done in this war for the ruine and destruction of it . the great outcry of this declaration seemes to be for the property of the subject . but doth not this cry come from the same shop , from whence heretofore issued inforced loanes , knighting money , benevolences , and ship-money ? and from whence more lately issue plunderings , ransomes for not plundering , monthly taxes of an high value and rate , so that this cry seemes to be like that of the high-way man , who having taken money from a passenger , to put away the suspition of it , raised an hue and cry against himselfe , for is it in earnest to be thought , that the destroyers of property , are now suddenly become the patrons of property ? or rather that by this assessement they are likely to be put from their old trade and therefore are offended ? for indeed , this which they call taking away of property , is the meanes of preserving property for ever . besides , they have put upon the parliament a necessity of assessements , and that is their fault , and yet this fault of theirs they cast on the parliament . againe they know that the houses have power to tax the whole kingdome ; and the tax of the commons of england ariseth onely from the house of commons ; against this they object only the want of the kings assent ; which assent being withheld by themselves ; they againe cast their own fault upon the parliament . the * king without the two houses layes taxes and gives warrants for plundering , and this with their advice and assistance , even to destroy the parliament , but the two houses cannot have their leave to lay an assessement without the king for their owne preservation , and the preservation of the kingdome . yet is it well known that there are sundry lawes which exclude the king from laying taxes without consent of parliament : but no law that the parliament , or two houses should not lay taxes , when the king not only deserteth them , but makes war against them . in the kings infancy what assent of the king have the two houses for the laying of taxes ? and it were to be wished that desertion of parliament , and war against the parliament , did not give greater cause and necessity of taxing without that assent , then the former . briefly , the parliament is inforced to a war for it's owne defense . this defense cannot be maintained without money , and this is the anger that there is money gotten to maintaine it . for if justice in the way of raysing it , were their quarrell ; the same justice would make them to quarrell with themselves ; when they rob whole townes , not of the twentieth part , but of twenty parts of twenty . where is this quarrell of justice when they lay monthly takes in oxfordshire , and other taxes in the west ? where was their justice when they robbed in old branford , as well their friends , as their opposers ? had they the kings consent or had they it not ? i thinke they will be asham'd to acknowledge either . howsoever certainly they had not the consent of the two houses of parliament , and so it was without law , and wholy without this justice which they now exact of the parliament . shall we attribute this to an excessive charity , that they love others above themselves , and so would have others more just and honest then themselves ? or rather do they desire that other men may be just that they by injustice may destroy them ? they would not have men just , but naked and undefended that so by armed injustice and violence they might subdue them into an everlasting bondage , and misery . but these men are still troubled with altering the property of hull , and will needs awake not a sleeping but a slaine and dead objection . if they will be ever speaking of it , they must ever heare , that he that takes away a sword from one that would kill him , and takes it onely that hee may not kill him , takes not away the property , but the mischiefe . he doth not meane to profite himselfe by the value of it , but to save himselfe from the cutting of it . and if nothing else will convert the penman of this declaration , this perchance would serve the turne , if he had no other meanes of livelyhood and maintenance , but the revenues and profits which the parliament receiveth from hull . as for the army of the earle of essex raysed to destroy the king ( for so the declaration will have it ) it is such another truth , as if , when the earle of essex his souldiers fought at branford to defend themselves and some of their owne friends and fellowes formerly taken by the malignant army were set in the forefront , it were sayd , that the earle of essex his souldiers did fight against their owne fellowes to destroy them . these be the men that goe about to destroy the king , that by armies of their owne enforcing the parliament to raise an army to defend it selfe , bring the king betweene two armies and so into the danger of that destruction , which themselves both cause and object . they are the men that seeke his destruction , that cause his presence there , where destruction is ; and cause his absence there where his safety is . but certainly the parliament wisheth his absence from the army , wherelies the danger , and his presence in parliament , where is his assured safety . but here followes another wonder that those men who plunder without giving any warning , should finde fault with sir edward bayntons warrant which , as themselves say , gave warning to men , that they might escape plundering . * but if he had plundered them without warning , they had nothing to object against him but their owne fault . a declaration succeeds in prayse of property which being indeed so pretious , gives a strong exhortation to the parliament to rayse so much money as may safely defend it . in the parliament lies the roote of property , and to pull up parliaments , is to pull up property by the rootes . therefore to defend property , the parliament must be defended : and to defend the parliament money must be raysed . so to take part of mens goods to defend the parliament is to defend property , even in the roote of it ; if the branches be cropt to preserve the roote , the branches may againe he supplyed and renewed by the roote , but if the roote be pull'd up , which these men endeavor , the branches perish for ever . and this is their griefe , that this roote of property is preserved . and can they take a care of the branches of property who would pull up property by the roote ? which being pull'd up , not onely the twentieth part ( which is their complaint ) but the other nineteene are utterly lost . but neither doth this ordinance enjoyne the taking of the twentieth part , that number being named , to set a bound to the taxe , which the assessors may not passe . they may take the fourtieth part if they thinke fit ; and it had beene a deed of charity , if these men that finde fault with the taking of the twentieth , had left the twentieth at branford , and the places which they have ransackt and spoyl'd ? and now comes the committee of examinations it selfe to be examined . the questions are , why so called ? and how such power ? surely it should not seeme strange to any that knowes parliaments to call a committee by the name of the worke of it , no more then to call a man that makes shoes , a shoomaker . and except there were a resolution to be angry at all that the parliament does , is it impossible to deny a power in the two houses to imprison ? and , not to dispute the power of the house of commons alone , or a committee of that house which those men unseasonably at this time do question ) the power of imprisoning is from the ordinances of both houses ; and by the same the committee is to name the place and time . so the naming of the time and place , is not by the power of a committee , but of the ordinance of parliament . and it cannot be unknown , that there is in parliament a power not only of liberty and imprisonment , but of life and death . and if it must be called a slavery to be subject to this power , upon this occasion : surely it is first , thus farre a voluntary slavery ; that they may free their persons if they will by a voluntary contribution . secondly , the end of this imprisonment , thus term'd slavery , is to fright them from a perpetuall slavery . but that any members of the house of commons should be excluded from being present at the counsells of the committee of eximinations , is an untruth so notorious and corpulent , that it is to be wondred how the scribe of this declaration , should have an ignorance or malice bigge enough to conceive and bring it forth . especially since so many malignants from which he might have had better intelligence , have past through that committee , who waiting at the doore , while counsells were taking of their causes , might well know and observe , that the members of the house , were not excluded from being present at those counsells . and yet upon this fained accusation , is grounded a tragicall , and dolefull exclamation . as if all parliaments were utterly destroyed , because a committee doth exclude the members of the house of commons , which indeed are not excluded . neither doth it follow as a necessary truth that because men are to be imprisoned by the committee , therefore they shall be separated from their wives and children . for though these are to be removed from london and westminster , the subburbs and counties adjacent , yet the husbands being sent to prisons remote from london and westminster , the suburbs and counties adjacent , they may all very well meete . and certainly it may well be thought that the parliament hath at least as great cause to remove far the malignants and there families , ( the disease of malignancy commonly in this case most affecting the head , and thence flowing into the body of the family . but be it for ever reserved by speciall priviledge , to arch prelaticall tyrany , to banish men into remote ilands , and by parliament commands to teare their friends , wives and children from them . and here againe flowes from this writer , a huge tide of passion . but ( as tides use to turne ) may not this tide thus returne upon him ? is there now any liberty left , but to those that would destroy the parliament , and there with peace , liberty , property , and religion ? is not a violence offered to mens consciences , when they are terrifyed by proclamations of treason , extremities of warre , for keeping their protestation whereby they have vowed to defend the priviledges of parliament , and those that defend them ? and is it any way contrary to the oaths of supremacy , allegiance ; or the protestation , tö defend the parliament against those that would destroy it ? or by force to bring delinquents to parliamentary justice , and to leade captive those , that leade his majesty captive , and strive to separate the head from the body , to the ruine of both ? how many persons of honour , quality , and reputation of the severall counties of england have beene turned out of their offices , places , houses , goods , and lives ? how many are now in prison onely for their faithfulnesse to the parliament and kingdome ? how many substantiall citizens of london have beene seduced to set hands to petitions of dangerous consequence , and to withdraw their hands from assisting the defence of parliament and kingdome ? how many papists , blasphemers , and men of dersperate fortunes , are met in the armies that fight against the parliament , yea : how many papists in these times of warre , are authorized against law by his majesties commission to buy , and take up armes , when as the protestants in divers counties have beene totally disarmed , and their armes taken away , notwithstanding their property in them ? how many godly , pious and painfull divines , are now robbed , and plundered , their bookes and writings spoyl'd and defac'd , and themselves driven to london , as to a city of refuge ? and withall how many of those ministers that preach against the parliament are found to be the same that were heretofore questioned by the parliament , for scandalous , vitious , and abominable lives ? and ( not to put from london over hastily ) is there not a cause to secure dangerous persons in london , and that those of london should be forced to defend london , when as neare as london was to branford , so neare ( in cleare probabilities ) was london to the state of brainford ? for is it to be thought that the cavaliers would have changed their minds in the riding of eight miles ; and that cruelty at branford would have turned into mercy in london ? would they have spared the substantiall citizens at london , who did not spare the very beggers at branford ? would they have asked the rich men at london whether they were for the king , who made no such question to the beggers at branford ? surely it is most likely that as now london may be seene in brainford , so then brainford would have beene seene in london . neither is it unworthy of the name of publike faith , that is given by those that represent the publike body of the kingdome . and whatsoever leave will be given to the word ( publike ) it is enough for the security , if the faith be sound and sufficient for repayment . and ( to speake onely of the house of commons . ) it is certaine that house is trusted with the whole estate of the commons of england . and i hope the commons of england will have enough to pay the debts contracted for the defense of the commons . but in the meane time what faith is given for the taskes and monethly payments imposed on oxfordshire and the westerne parts , under the dominion of sir ralph hopton ? and even this declaration hereafter acknowledgeth that the king has parted from his jewells and plate , ( which it is pitty should have beene turned into the price of the bloud of his subjects ) so that evill councellors have reduced him to that lownesse , that whensoever he returnes to a state , lustre , of majesty and glory , by a right ( that is a parliamentary ) way , it must be by their faithfulnesse and supply , whose faith is now thus slighted and despised . and it is easily believed that our brethren of scotland will not be displeased with the word of publike faith , and i wish it were as fit to be believed , that they have not cause to be displeased with those that by a war raysed against the parliament , endeavour to make the reality of that word , lesse , if not wholly ineffectuall . neither is it for want of speaking but of hearing that these men heare nothing of fundamentall lawes . if hath beene sayd that it is most fundamentall to a state to preserve it selfe , and that the lords and commons in parliament may defend themselves , and their priviledges against delinquents , malignants , and their adherents , that seeke to destroy them : that the commons are entrusted with the estates of the commons ; and the lords , of the lords , and both joyning togethether in disposing them , if the king withhold his assent , which should be given for the preservation of the kingdome , shall the kingdome perish for want of this assent ? much lesse should it be turn'd into an objection against the lords and commons as a fault of theirs , that the king will not assent . but if this be neither spoken nor heard , are these men fit to demand fundamentall lawes for the parliaments disposing of a twentieth part , who can alleage themselves no shadow of any law for exacting two and twenty parts out of twenty ? for such a monster both of arithm●tick and oppression have these men lately engendred : not to speake of breaking the fundamentall lawes in taking his goods , in whom the house of commons is in some sort contracted and represented , what fundamentall law have they for laying a taxe of foure pound a weeke on ninescore pounds yearely rent of the speaker of the house of commons ? what have these men to do to talke of fundamentall lawes , that by a lawlesse , and senslesse oppression , undermine and dig up estates even below their foundations ; and like aegiptian taskemasters will enforce the brick to be made beyond the straw ? and if extraordinary meanes of maintaining an undertaking prove it unlawfull , what an extremity of unlawfulnesse is there in their undertakings , who by these super-extremities of exaction maintaine their undertakings ? as for master pi●s speech which they call excellent , it would make them excellent too , if they would follow it . for it is too manifest , that following the lawes of lust , ambition , and the like vices have brought us to this present confusion . neither is it so strange that in a time of warre against the parliament dangerous persons should be more safely secured from maintaning this warre , nor that members of either house giving cause of suspition by viewing workes of defence or otherwise should be committed with the consent or approbation of either house ; not so strange by much , as that five members of a house , should be drawne forth from the house ( to prison and death as it seemes by the charge ) by force and violence . and for hull , the present good use of new-castle , to admit armes and souldiers for the maintenance of this unnaturall warre , speakes aloud to justify sir john hothams keeping of hull by order of parliament ; neither is tonnage or poundage imposed by parliament ; and is not tonnage and poundage payd to the complainants at new-castle ? but the parliament is the great eye-sore , and therefore when they could not destroy it by pulling away five first ( and how many fives after no man knowes ) nor by an army at branford now it must be overthrowne by paper-bullets and by untruetelling of twenties . but certainly their act of numbring fayles , as well as their vertue of truth , and sincerity . for even in this moneth of december , when the lord major was in the house of commons at prayer ( whereof a part , is a part of common prayer , by which token he may be knowne not to be a brownist , nor a reviler of common prayer ) it is certainly reported there were eight score in the house ; and not many lesse the same weeke when the house consider'd the propositions for peace ; and these men cannot but know that fourty do make a house of commons ; so that their owne number acknowledgeth it to be more , then an house of necessity requires . yet there are also computed about an hundred absent in the army son defence of the parliament ; or in the defence of their owne counties ; in ireland , or for some speciall occasions of their owne . and those that are present , and such others as are thus absent , complayning of no feare it is a worke of supererogatory charity , that these enditers should make , or faine a fearfull complaint for them . true it is , that there are about three score cast out of the house of commons for fighting against the house , or some other great offences , neither needes any one to be afrayd of comming to the house , but those whom their owne guilt makes affray'd of censure and punishment . neither are those that are present awed with an army or tumults , but defended and secured by an army and the goods of the city and suburbs ; and it might passe for a speciall peece of craft if these men could make the parliament so foolishly credulous as to be afrayd of their owne security . it were to be wished , that his majesty , were as free from cause of feare from his army and cavaliers , who are much wrong'd by reports , if they have not put threats upon him , and upon his going from them to his parliament . and next to the parliament , they are angry with the city of london , for being a wall of defence to the parliament . and whereas this paper is so often spotted with the scandall of anabaptists and brownists for their power in the government or actions of that city , if they believe themselves , it were good they did make others to believe them also , by naming some particular anabaptists and brownists that exercise this power , as the parliament hath nam'd the papists which command in the kings army . neither hath the lord major with a faction told the houses that that they will have no accomodation , or peace ; but with the sheriffs and aldermen hath advanc'd and assisted a petition to his majesty for peace . true it is they desire a sound and durable peace , accompanyd with truth , and piety ; neither can they be much blam'd , if they feare pretences of peace that may cover such designes of mischiefe and massacry as lately appeared at branford . but it seemes the notes were taken in short hand which were sent to this writer concerning sir sidney mountague , for if the story had been written in words at length and the whole matter declared , it might have been known , that sir sidney mountague besides refusing the oath ( if it must be so called ) of association , drew forth a declaration , and vouched the authority of it , for calling them traytors that had taken the same . and let these men judge whether it were any part of the vertue of patience that the house which had entred entred that association should indure the word traytor to be cast upon the face of it , or whether it were not a more commeudable vertue of curtesy , to dismisse and separate a person of that opinion from the dangerous and infectious society of traytors . and now follow some mistaken figures of rhetorick which should run on this manner . these are the men that have sent to the states , to treate with them , that they permit not souldiers and armes to come from their provinces , to make and maintain war against the parliament of england . these are the men that have sent into scotland , where murrey is labouring to kindle a fire to consume this nation , to cast water upon that fire ; and withall to intice our brethren of scotland : now the papists are up in armes to seek the peace of this kingdom , and the safety of religion agreeable to the act of pacification . and not only for that act , but for their own security it being an unquestionable truth , that if ireland be the breakfast of the papists , and england their dinner , scotland is likely to be their supper . in a word , these are they that have made a preserving ordinance , to save the parliament , religion , lawes and liberty , which were in danger to be devoured by illegall commissions of array , as illegall sheriffs , armies of papists , and other ill-affected , persons . but the words which follow , that an army was first raysed by the parliament , are so manifestly untrue that it is strange , how they could leave of the lest remnant of conscience to utter-them , and of loyalty to utter them under his majesties name . it is possible they may have heard of a bible , and therein of one david , that like the parliament was accused of rebelling against the king , and these were hunted like a partridge ; but that which i would say to them is according to the speech of that david to abner : yee are worthy to dy because yee have not kept the king neither his life nor honour . the life of the king hath been exposed to danger , by bringing him into the battell ; and his honour , by making his name a cover to notorious falsities . for were not the beginnings of an army raysed in yorke ? * and did not a papist there come forth and say let the sword , try it , before the parliament either made votes , that the king seduced by evill counsell intended a war against the parliament , which votes were also before the beginning of the army of the earle of essex ? and yet if the parliament had raysed forces , that may beare the name of an army to bring delinquents to justice , who can lay any blame upon the parliament , or who can thence gather a reason , why the king may justly rayse an army against the parliament ? yet is the raysing of this army , for defence of the parliament , or of the power and authority of it over delinquents , more then once in the last leafe termed a rebellion . to this , i will fetch an answer , out of bodin . bodin having written much in favour of kings though degenerated into tyrants , and so much that he confesseth he was tax'd for it , yet at last , lights on this story and thereupon gave his sentence . the earle of flanders befieged his subjects in gant , with an army of fourty thousand men . the army within the city was but five thousand . upon this disadvantage , they humbly sued for pardon . the earle answered them , they must come forth with halters about their neckes , and then he would tell them his mind . hereupon , not having any assuraude of mercy , they issued forth , and defeated his great army , with a litle one ; and the earle was forced for his own safty , to hide himselfe under the bed of a poore woman , who sent him forth in a shape far below ( his degree . but hereupon this author inferres ; then did it appeare , that there is nothing morevaliant then a subject brought to despaire , nor any war more just , then that which is necessary . i only adde , if the parliaments war be necessary , and a necessary war is just , certainly a just war , cannot justly be called a rebellion . finis . notes, typically marginal, from the original text notes for div a51058e-120 * and the earle of new-castle too . * though it is constantly affirmed that the word plundeting is not in the warrant . see the last declaration . * did not sir francis wortley draw his sword there and cry , for the king , for the king ? bodin de rep. lib. 3. a proclamation of both houses of parliament, for proclaiming of his majesty king of england, scotland, france, and ireland, defender of the faith, &c. england and wales. parliament. this text is an enriched version of the tcp digital transcription a83389 of text r211888 in the english short title catalog (thomason 669.f.25[12]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83389 wing e2196 thomason 669.f.25[12] estc r211888 99870563 99870563 163817 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83389) transcribed from: (early english books online ; image set 163817) images scanned from microfilm: (thomason tracts ; 247:669f25[12]) a proclamation of both houses of parliament, for proclaiming of his majesty king of england, scotland, france, and ireland, defender of the faith, &c. england and wales. parliament. 1 sheet ([1] p.) printed by john macock, and francis tyton, printers to the house of lords, london : 1660. "though the kings right was complete by his father's death, yet since 'armed violence' has deprived them of the opportunity hitherto, the lords and commons, with the lord mayor, &c., of london and others, proclaim that the kingdome came to him on his father's death, and that he is king of england, scotland, france, and ireland, &c." -cf. steele. order to print dated: die martis, may 8. 1660. signed: jo. browne, cleric. parliamentorum. reproduction of the original in the british library. eng charles -ii, -king of england, 1630-1685 -early works to 1800. england and wales. -sovereign (1660-1685 : charles ii) -early works to 1800. great britain -history -charles ii, 1660-1685 -early works to 1800. a83389 r211888 (thomason 669.f.25[12]). civilwar no a proclamation, of both houses of parliament, for proclaiming of his majesty king of england, scotland, france, and ireland, defender of the england and wales. parliament. 1660 409 1 0 0 0 0 0 24 c the rate of 24 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-12 mona logarbo sampled and proofread 2007-12 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms a proclamation , of both houses of parliament , for proclaiming of his majesty king of england , scotland , france , and ireland , defender of the faith , &c. although it can no way be doubted , but that his majesties right and title to his crowns add kingdomes , is , and was every way compleated by the death of his most royal father of glorious memory , without the ceremony or solemnity of a proclamation ; yet since proclamations in such cases have been alwayes used , to the end that all good subjects might upon this occasion testifie their duty and respects ; and since the armed violence , and other the calamities of these many years last past , have hitherto deprived vs of any such opportunity ▪ wherein we might express our loyalty and allegiance to his majesty . wée therefore the lords and commons now assembled in parliament , together with the lord mayor , aldermen , and commons of the city of london , and other freémen of this kingdom now present , do , according to our duty and allegiance , heartily , joyfully and unanimously acknowledge and proclaim , that immediately upon the decease of our late soveraign lord king charles , the imperial crown of the realm of england , and of all the kingdoms , dominions , and rights belonging to the same , did by inherent birth-right , and lawfull and undoubted succession , descend and come to his most excellent majesty charles the second , as being lineally , iustly , and lawfully next heir of the blood royal of this realm ; and that by the goodness and providence of almighty god , heé is of england , scotland , france , and ireland the most potent , mighty , and undoubted king , defender of the faith , &c. and thereunto wee most humbly and faithfully do submit and oblige our selves , our heirs and posterities for ever . dated the 8th day of may 1660. die martis , may 8. 1660. ordered by the lords in parliament assembled , that this proclamation be forthwith printed and published . jo . browne , cleric . parliamentorum . london , printed by john macock , and francis tyton , printers to the house of lords , 1660. by the king, a proclamation for the further adjourning the parliament england and wales. sovereign (1660-1685 : charles ii) 1668 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a32561 wing c3486 estc r39185 18241482 ocm 18241482 107254 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32561) transcribed from: (early english books online ; image set 107254) images scanned from microfilm: (early english books, 1641-1700 ; 1629:96) by the king, a proclamation for the further adjourning the parliament england and wales. sovereign (1660-1685 : charles ii) charles ii, king of england, 1630-1685. england and wales. privy council. 1 broadside. printed by the assigns of john bill and christopher barker ..., in the savoy [i.e. london] : 1668. "given at our court at whitehall the third day of july 1668. in the 20th year of our reign." reproduction of original in the guildhall, london. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. great britain -history -charles ii, 1660-1685. great britain -politics and government -1660-1688. 2008-07 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for the further adjourning the parliament . charles r. his majesty having so ordered his affairs , that his two houses of parliament may forbear their assembling on the eleventh day of august next , being the time prefixed , whereof he declared he would give timely notice , that they might spare their attendance at a season of the year , when their being in the countrey is so necessary for their private occasions , and for other weighty considerations , his majesty doth ( by the advice of his privy council ) publish , notifie , and declare his will and pleasure to be , that his house of peers shall adjourn themselves , and also his house of commons shall adjourn themselves on the said eleventh day of august , until the tenth day of november next ensuing ; whereof the lords spiritual and temporal , knights , citizens and burgesses , and all others whom it may concern ; may hereby take notice , and dispose themselves accordingly ; his majesty letting them know , that he will not at the said eleventh day of august , expect the attendance of any , but onely such of either of the said houses of parliament , as being in or about the cities of london or westminster , may be present at the making the said adjournment . given at our court at whitehall the third day of july 1668. in the 20 th year of our reign . god save the king . in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty , 1668. musgrave muzl'd: or the mouth of iniquitie stoped. being a true and cleer vindication of sir arthur hazelrige from a false and scandalous accusation of john musgrave, in his late pamphlet intituled, a true and exact relation of the great and heavie pressurs and grievances the well-affected of the northern bordering counties lye under by sir a.h. misgovernment. with a true but not exact character of the said musgrave in some discoveries of him. this text is an enriched version of the tcp digital transcription a89431 of text r206469 in the english short title catalog (thomason e625_11). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 87 kb of xml-encoded text transcribed from 20 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a89431 wing m3157 thomason e625_11 estc r206469 99865626 99865626 117873 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a89431) transcribed from: (early english books online ; image set 117873) images scanned from microfilm: (thomason tracts ; 96:e625[11]) musgrave muzl'd: or the mouth of iniquitie stoped. being a true and cleer vindication of sir arthur hazelrige from a false and scandalous accusation of john musgrave, in his late pamphlet intituled, a true and exact relation of the great and heavie pressurs and grievances the well-affected of the northern bordering counties lye under by sir a.h. misgovernment. with a true but not exact character of the said musgrave in some discoveries of him. price, john, citizen of london, attributed name. [4], 18 p. printed by john macock, for l. lloyd, and h. cripps, and are to be sold at their shop in popes head alley, london : 1651. attributed to john price by john lilburne in "a letter of lieutenant colonel john lilburns, .. [1651]" (wing l2133). a reply to: musgrave, john a true and exact relation of the great and heavy pressures and grievances the well-affected of the northern bordering countries lye under. annotations on thomason copy: "march 3d 1650"; the last two numbers of the imprint date have been marked through. reproduction of the original in the british library. eng musgrave, john, fl. 1654. hesilrige, arthur, -sir, d. 1661. musgrave, john, fl. 1654. -a true and exact relation of the great and heavy pressures and grievances the well-affected of the northern bordering counties lye under. england and wales. -parliament. -committee for sequestration of delinquents' estates. great britain -politics and government -1649-1660 -early works to 1800. a89431 r206469 (thomason e625_11). civilwar no musgrave muzl'd: or the mouth of iniquitie stoped.: being a true and cleer vindication of sir arthur hazelrige from a false and scandalous price, john, citizen of london, attributed name 1651 14801 5 0 0 0 0 0 3 b the rate of 3 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-04 jonathan blaney sampled and proofread 2007-04 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion musgrave muzl'd : or the mouth of iniquitie stoped . being a true and cleer vindication of sir arthur hazelrige from a false and scandalous accusation of john musgrave , in his late pamphlet intituled , a true and exact relation of the great and heavie pressurs and grievances the well-affected of the northern bordering counties lye under by sir a. h. misgovernment . with a true but not exact character of the said musgraue in some discoveries of him . london , printed by john macock , for l. lloyd , and h. cripps , and are to be sold at their shop in popes head alley . 1651. to the reader . reader , a good name well got is the best of riches and he that unjustly taketh away the same is the worst of robbers , to conceal the worth of a man is dis-ingenuity , to detract from true deserts is not equity : to charge guilt upon innocencie is inhumanity , but to call worthiness by the name of wickedness is right down devilism . i am no more master musgraves adversary then thine , and that 's not at all , for i know thee not , and yet i am both thine and his adversary in all malignity , against this common . wealth and its chiefest champions : sir arthur hazilrige is no otherwise my friend then thine , if thou art a wel-wisher to this republique ; and i have as little dependence upon him , and obliegment from him upon any personal interest as thy self whoever thou art , i have alwayes observed him ( according to the best advantage of my standing in all the turns of our turning times ) a plain hearted man , an english oake , and not an osier that wil warp and winde with every wind ; a protector of all good men of whatsoever judgement , in a good cause ; an assertor of just liberty , an opposer of tyrannie and that not in prate but in practise , in councels ▪ and combates : for my part let the terror of a tyrant be his reward , that wil plead his cause , but they are the subtil'st sollicitors for dethron'd tyrants , that decry their dethroners without a cause : it is too true honours do alter manners , and high places without great watchfulness , do make high spirits , but every bird is not taken in the snare of the fowler : and it is as true , that preferment in some begets envie in others , whose constant course is to strive and endeavour to stain their integrity with notorious forgerie ; i take no pleasure in padling in other mens puddle , nor dabling my self with other mens dirt ; yet i judge it a service worthy my betters , to wash off that filth and foam which the malicious stomachs of envious men do dayly eject upon the names and honours of our english heroes : beleeve it ( if i may speak it without vanity ) flattery is the very antipathy of my genius , and i blesse my god my foot is not taken in the snare of necessitie to dissemble the same , by the instigation whereof upon the first view of this * paltrie pamphlet written by master musgrave , i had a strong resolution to make a strict inquisition touching matters of fact therein asserted ; and ( though i had not faith to beleeve the tenths of those tales mentioned therein , mine own personal knowledge rising up against some of them ; yet considering that the best of men are but men at best , and well knowing that a plain man would not be offended at plain dealing ) i applyed my self to sir arthur himself for satisfaction herein , who hath given me that which i give unto thee , which , if thou judgest by the law of impartiality , thou shalt finde such a complexion of impudence and ignorance , scandal and slander , malice and mischief , pride and passion , forgeries and falsities concentred in mnsgrave , as if they were all cloth'd in flesh and dwelt amongst us , but that the power of him whose design it was in coming into the world to destroy the works of the devil , would crush the crowd , spoil the spawn , and confound the conventicle of those unclean spirits in that unclean man , is my hearty desire . i expect a respons , but cleerly perceiving a ranting , raving , and railing spirit stearing his pen and praecipitating him to wright at randum , i judge him not worthy the honour of a reply , and therefore farewell . a true and cleer vindication ▪ of sir arthur hazelrige , from a false and scandalous accusation of john musgrave , &c. to justifie the wicked and condemn the righteous it is hardly determinable which is more abhominable , and a pretended zeal for god and their country do hurry hypocrites to the one and the other , whose vociferations of tongues and pens , do beat the eares of city and country with nothing more then lowd lyes in hypocrisie ; who being closely beleagured with pride and penury , impudence and ignorance , and miserably infected with the itch of popularity , do palliate their projects for their lusts and lucre , from the credulous croud of the common people , with come see our zeal for god and our country , acting their parts in the publick view , theatrico more , that they might procure a plebean plaudite , for the most passionate patriots of their indeared country ; when by a very slight scrutinie of their particular practises , their pretended zeal appears nothing more then intended malice against such men : who , for true worth in the just account of god and good men are no more to be compared with such proud boasters , then the dogs of jobs flocks , with those that did abuse him : it is very observeable that the most noxious enemies of our present authority and new common-wealth , are the pretended lowdest assertors thereof , who herod-like , under the colour of advancing the same , seek to sacrifice it in its very infancie , and to introduce a most tyrannicall anarchy under the colour of the peoples liberty , hence sprung the malicious ebullitions , ranchorous invectives and scurrilous slanders from those swelling swagerors , and licentious levellers , in their lawless libels against the present parliament , the councill of state , the high court of justice , the government of the army by martiall laws , blown up and down the nation like empty clowds , and the greatest distempers that proceeded there-from at ware , burford , and else-where ; from this spirit of mischief and malignity hath the world been infected with so many scandalous fals and unworthy aspertions cast upon the chiefest champions of our english nation , as cromwel , bradshaw , ireton , harrison , vane junior , with several others , whom god hath made their adversaries envie , and the commonwealths safety ; the savor of whose conversation ( humane frailties excepted ) doth please the nostrils of god and good men , whose peace and prosperitie are the subject matter of the dayly prayers and praises of the truely religious ; whether it be not the same spirit from beneath which maketh wicked men like the troubled sea , that hath possessed mr john musgrave , when he did cast up that mire and dirt upon sir arthur haslerige ( as formerly in print though since washed off to his own glory and his accusers shame , so again ) in his late pamphlet ( wherein it is hard to say whether are more sentences or calumnies , sayings or slanders , fars'd and stuft indeed with nothing more then fables and falsities ) intituled , a true and exact relation of the great and heavie pressures and grievances the well-affected of the northern bordering countries , lye under by sir a. h. misgovernment , &c. is offered to the consideration of judicious men from their due observation of the notorious falsities therein specified , and the base miscarriages in several instances of the said mr musgrave , rendering himself in truth according to his charge against another in falshood . that little acquaintance that i have with him hath quit my desires of increasing the same , whose distempered temper chollerique countenance , troublesom tongue , and slanderous pen do render him solomons froward man , with whom we must not converse for fear of the infection of frowardness , and the companion of fools shall be destroyed : the truth is , he hath little in him worthy emulation , and sufficient want of all things lovely for the exercise of mens comiseration , did he not quench the spirit thereof in all his acquaintance by a violent voluntary precipitancy thereinto , he is not the object of my hatred ; for though he be intolerable , yet i hope recoverable ; nor yet of my envy , for he neither is or hath any thing worthy thereof ; i could love him and pity him , had he but the least of either towards himself . sir arthur hasterig is more known unto me and to thousands , then i or they to him ; and although there is not the least obligement upon me by any dependance upon him , the least particular courtesie or , favour received from him engaging me unto this service ▪ yet considering his courage and resolution , his constant and faithful adhesion in all viciscitudes and turns of affairs to the honest party , engaging himself at all times unto the highest degree against the contrary party , though never so great and likely to prosper , and knowing also in mine own present knowledg and experience the notorious falsities and untruths of some things asserted in the said scandulous pamphlet ; i could not withstand those impressions of spirit that were upon me to vindicate his integrity unto the best of my ability . how injuriously and irreparably mr musgrave hath abused the said sir a. h. contrary indeed to the very a. b. c. and first principles of righteousness , justice and common honesty , by publishing him abroad in print for a deceiver , an oppressor , a friend to the worst of malignants , an enemy to the well-affected , a promoter of the scottish interest against the english , a proud covetous oppressor , a tyrant , a traytor to god and his country , and that after the said musgrave had applyed himself unto the councel of state for audience and reception of his charge against the said sir a. h. and had all due encouragements that he should have a fair and regular hearing ; how dishonestly and wickedly he hath thus accused , arraigned , condemned and executed the said sir a. h. in his name , honor and repute before the determination of those to whom he complained , is most obvious to all his readers ; but it is no marvel ; for it is most common that such men who have out-lived the credit and repute of their own names , care not what wreck they make of the honor of others , with whom they are not worthy to be nam'd the same day : but it is a constant character of such ranting railers and flourishing need-nots , to make loud boasts in propatulo of their great zeal of justice and righteousness , countries liberty , and common honesty , and yet to act in such ways , as the dullest eye may well perceive to stand in a perfect inconsistancy with their profest principles . is not the plain english of these foul fables thus printed and published by this bold boaster and busie scribe , to dictate unto the people , according to the daring dialect of that scribling faction , such clamorous calumnies and aspersions of tyranny , pride , covetousness and oppression in our present governors , the very repetition whereof is an offence to all but malignant ears , and all this managed under the vail of publique liberty and common good ? but o that we were judges in the land lies at the heart of these pathetick zelots ; whereunto were they once advanced , the ignoble dispositions , virulent tongues , furious spirits , and mean capacities of these men would quickly reduce us to as much peace and happiness , justice and liberty , as saints may expect where satan hath his throne , and his vice-roys bear rule : for if the green tree will burn , what will the dry ? and they that will tyrannize over the names , honour and repute of their superiors , what would they do over their inferiors ? and wo be to that people whose princes are peasants , a spice of such spirits you may perceive in mr musgraves proceedings against sir arthur haslerig at the councel of state , which ( though the just judgment and order of the said councel may be a sufficient vindication of the said sir a. h. yet ) for better satisfaction , take the particulars , thus : upon the 23 ian. 1650. the said mr musgrave did appear at the councel of state according to appointment , and being examined touching a book with his name unto it , importing many and very great charges against sir a. h. being at first demanded whether he would acknowledg that book there presented to him to be his book , he did acknowledg the whole book to be his , excepting the errata's , which he did proffer to amend with his pen , and that he would justifie it ; after a full hearing of both parties ; and this musgrave ( not being able to make good his charge ) was commanded to withdraw ; and being cal'd in again , was desired to take the book , and to mend the said errata's with his pen , but then he denyed to own the book , but said he would stand to his charge , and make that good , and being withdrawn , and sir a. h. also , he did after that publiquely deny to own the book ; whereupon the councel of state made this ensuing order . saturday 25 january , 1650. at the councel of state at white-hall . ordered , &c. vpon information given to this councel by sir arthur haslerig , that one mr john musgrave had caused a book to be printed and published , and that in the epistle and charge the said john musgrave did accuse him the said sir arthur haslerig of breach of promise and engagement to the councel , and for acting contrary to the same , and contrary to the councel of states declaration ; the said mr john musgrave being called before the councel , did acknowledg the whole book excepting only some errata's of the printer , which he offered to amend with his pen , and said he would justifie it , and offered to put in security to make it good : thereupon the said mr musgrave being fully heard , as to the particulars of the epistle and charge in his book against sir arthur haslerig for a supposed breach of trust and engagement by him to the councel , and also for acting contrary to the councel declarations , concerning the examining the charge of mr howard , late high sheriff of cumberland , for the not displasing and putting in certain commissioners of the militia for cumberland , who were objected against by mr musgrave ; the councel declares , that it doth not at all appear unto them , that sir arthur haslerig hath broken the trust reposed in him by the councel , or made any failer of promise or engagement to them in any of those particulars : but do find that the imputations therein laid as a charge upon sir arthur haslerig , are false and scandalous ; and do therefore touching the said scandals , leave sir arthur haslerig for his due vindication and reparation , to take such course as he shall think fit . gualter frost , secretary . the first article was this : 1. that sir arthur haslerig , contrary to his engagement to the councel of state , and councels of states declarations upon the petitioners exceptions , procured lately such in the county of cumberland , to be iustices of the peace , commissioners for sequestrations , commissioners for the ministry , and commissioners for the militia there as were known delinquents , and such as are disaffected to the present government , and complying with the scotish interest , as by the charge against them hereunto annexed , and another charge against them , formerly exhibited to the councel of state , may appear . the charge in this article you see is declared false and scandalous by the councel of state , which is sufficient to stop the mouth of that calumny therein vented against sir arthur haslerig . artic. 2. that the said sir ar. haslerig being the chief , and leading commissioners for the ministry at newcastle , approved of such ministers in cumberland at newcastle as refused the engagement , were scandalous , and delinquents ; and such ministers as were well-affected , without any charge removed from their ministry , and put them out of their places , whereby he discovers his dis-affection to the present government , by upholding and countenancing the malignant party in authority , and keeping under the parliaments friends , all which this petitioner is able to prove , and further refers himself to the copies of letters hereunto annexed , the originals being in the petitioners hands . first , sir a. h. never acted concerning placing or displacing ministers but in publique , and that with the commissioners of of the four northern counties , and that upon their appointed days of publique meeting , and also with the assistance of doctor jennison , mr wells , mr hammond , mr wolfred , mr durant , with several other godly and well-affected ministers . secondly , sir a. verily believes that there was never any minister approved that publiquely refused to take the engagement ; and he is very confident , that there was not any minister against whom proof was made of his delinquency or scandal , but was put out . thirdly , he doth not know of any one well-affected person that was put out of his living , except scandalous , ignorant or insufficient ; as for the copies of the letters , sir a. h. conceives they neither concern him , nor prove any thing against him . artic. 3. that sir arthur haslerig undertook to the councel of state to examine the articles exhibited by the petitioner to the councel of state against mr charls howard , high sheriff of cumberland , but neglected the same , and came privately into the country to naward , and there feasted with the said sheriff , who is a dangerous and most notorious delinquent , as appears by the charge exhibited against him by the petitioner to the councel of state . the councel hath declared this also to be false and scandalous ; and concerning sir a. h. going to feast with mr howard , about the latter end of summer he being commanded to take care of all the forces that were for the preservation of the borders , and to enter into scotland upon carlile side , sir a. h. being in those parts upon that occasion , and the city of carlile infected with the sikness , mr howards house being next unto the borders , was necessitated to be two nights there , and this was his private going into the country to feast with mr howard : and if so be to have articles exhibited against a man by such an article-maker or forgerer be sufficient to evidence a man a dangerous and notorious delinquent , the parliaments best friends must beware of musgraves . artic. 4. that the said sir arthur haslerig suffers captain howards troop to lie upon free quarter upon the country for these four moneths last past , and doth conntenance one dobson , captain howards leiutenant , who cheated the troop of 1350 pound ; and when complaint was made to sir arthur haslerig , he never punished him for the same . captain howards troop belongs to the garison of carlile , and sir a. h. is confident that the governor thereof hath not suffered them to live upon free quarter ; and you may guesse by this at musgraves tales : for whereas he chargeth sir a. h. for countenancing dobson in cheating the troop of 1350. li. and saith , when complaint was made to sir arthur , he never punished him for it ; the truth is this , about september last , complaint being made by captain howard against the said dobson , his then leiutenant , for detaining money from some of his troopers , sir arthur understanding discontents arising in the troop , forth with gave the said captain a warrant all written with his own hand to seize upon his lieutenants person , and all his horses , and then also put another able and honest lieutenant to be in his place ; and upon further examination finding that there was 39. l. 2. s. and no more due to the souldiers , the troop being engaged upon the border service , and the captain , and lieut. dobson at newcastle with sir a. h. the said dobson was discarged his place , and was made to enter into a bond of 500. l. with one robert huntly merchant in newcastle , an able and sufficient man bound with him , the bond bearing date the 15 of october last , that the said dobson shall answer the same at a councel of war , upon twenty days notice , the troop being upon service , as aforesaid , and not then at leisure immediately to prosecute ; and you may the better unders●●●d the truth of this by the cirtificate following , written by the now lieutenant of the said troop . these may certifie whom it may concern , that ever 〈◊〉 〈◊〉 came to be lieutenant to capt. cecil , howards troop , which began the 7 of october last , the troop hath constantly paid their quarters , as soon as we received our pay from the honorable col. thomas fitch , governor of carlile , which he was very careful to pay to my capt. cecil howard as soon as it came to his hands by order of the committee from the army , or otherwise ; and lest the country should through want of timely notice go without their money , it hath been my care to cause notice to be given to them as soon as the money was to be paid out ; and i often told the country , that if any man did neglect to pay his quarters , my capt. howard or my self would see them paid , if they did make it known to us : and to my knowledg the said troop hath been upon constant duty by parties to york and newcastle for the service of the state , and fetching in of sequestrations upon contempt of orders ; or else we have been upon duty along the borders near scotland : and i have understood since i came from his excellency the lord general cromwel , that in lieut. dobsons time , being lieutenant of the troop before i came , the souldiers paid their quarters ; and the said lieut. dobson having detained in his hands of the souldiers money near forty pounds , the honorable sir arthur haslerig upon notice thereof did cause the said lieut. colonel to enter into bond with security to make good the said sum to those souldiers to whom it is owing ; and when he had given good security , the said sir arthur haslerig did dismiss him from his command . dated at carlile , this 3 of janua . 1650. daniel freind , lieut. to capt. cecil howard , and somtime martial general to his excellency the l. g. fairfax . by all which you may see , if this famous slanderer had quite omitted that foul untruth of sir arthurs countenancing and not p●●ishing this dobson , and had abated 1300. l. of his assertion and said he had cheated the troopers of 50. l. only , he had done service to the prince of this world , and obeyed the 〈◊〉 of liars after the rate of above twenty in the hundred , 〈◊〉 had been a more profitable servant unto him , then many of his children and servants are , though the wages of such work ( except he leaves it in time ) will not be very acceptable in the latter end . artic. 5. that the said sir arthur haslerig gave commission to edward brigs , to be lieutenant colonel for carlile garison , and made him a commissioner for the militia and ministry in westmerland , a man known disaffected to the present government , and lately cashered for his drunkenness and other miscarriages by the now lord general cromwel : that the said sir arthur gave commissions to thomas craystour , cuthbert studholm , captain brown , and others , to be captains and lieutenants in carlile garison , men known to be disaffected to the present government , profest enemies to honest men ; most of them having now layd down their commissions , when they were to march into scotland ; and the said sir arthur doth countenance none in cumberland , but such as are profest enemies to the honest party , and are for the scotish interest . 1. this brigs was the only man when hamilton came into westmerland , that did raise a regiment of foot for the parliament service , and he hath been always faithful to the parliament ( when such as this accuser have undermined their interest , ) who having rais'd his regement ( as aforesaid ) sir a. h. with the advice of the now lord general ( carlile being then rendred by the scots ) did put that regiment into carlile , and made col. fitch the colonel , and this brigs lieut. colonel of his own rais'd regiment . 2. sir a. h. did never hear the least complaint against leiut. col. brigs until of late , for which he was brought to a councel of war , and upon proof made of his misdemeanor he was put out . as for the rest of this article , it is so notoriously false and scandalous , that it is worth no other answer ; only it is wish'd , that this master-slanderer of the north had the least tang and savour of that spirit of piety and religion as mr thomas craystour hath ; if so , mens ears had not been abused with such notorious untruths as these are . artic. 6. that by the said sir arthur haslerigs intrusting the authorities and militia in the hands of delinquents , and men for the scottish interest , the well-affected in cumberland and bishoprick lie under greater oppressions , then formerly under king and prelates . and the said sir arthur is a protector of papists and delinquents , forbidding the subsequestrators , and sollicitors for sequestration in bishoprick to sequester papists ordered to be sequestred , of which the papists and delinquents do much boast , and honest men thereby are much cast down . this is general ; containing whole clusters of the grapes of sodom , as if gathered from a sodomite himself , having in its bowels as much spawn of malice , scandal and falsities , as so few words are capable of . artic. 7. that sir arthur haslerig hinders and obstructs the ordinary proceedings of law and justice in favor of papists , and did take out of the sheriffs custody ralph lampton a notorious papist and delinquent , being under arrest , and formerly arraigned for poysoning his wife , with which lampton , the said sir arthur is very kind and familiar . this ralph lampton came to the committee to make complaint against mr george lilburn , and mr george grey , for detaining a very great sum of moneys due to the state , and desired a fifth part for his twelve poor children , he being sequestred as a papist and delinquent ( which case is returned up , and now lies before the commissioners at goldsmiths hall ) the committee appointed a day of hearing the same : while this mr lampton was coming , according to order , to the committee , he was arrested , and ( as it was informed the committee ) by mr lilburns procurement : hereupon the committee , and not sir arthur haslerig , thought fit to secure him from arrests , during his coming unto , continuing at , and returning from the committee , in prosecution of that complaint onely ; for as much as it was the service of the common-wealth , and no more then the committee had authority to do , and what is practised in all courts of justice and committees of parliament whatsoever : and this was all that the committee did upon that business , and who but a musgrave would not judg it equitable ? artic. 8. that the said sir arthur haslerig procured ralph delival esq a delinquent in arms against the parliament , and disaffected to the present government , this last year , to be high sheriff for northumberland . sir a. h. never heard , neither was there ever complaint made unto him , that mr ralph delival was a delinquent in arms against the parliament ; and the truth is , he was nominated by another , and not by sir a. h. but if he had done it , he would have justified it , for he conceives it would have been for the publique service . artic. 9. that the said sir arthur haslerig , contrary to an act of parliament , suffered lievtenant colonel john jackson a notorious delinquent , and in arms against the parliament both in the first and second war , a great plunderer , to go and ride up and down the country with his arms , and against law put the said jackson in possession of certain grounds and colleries in bishoprick , belonging to men well-affected , whom the said sir arthur by strong hand dispossessed thereof , without law : and the said sir arthur haslerig , against the fundamental law of the land , most arbitrarily and tyarnnically , did by his power take from the now high sheriff of bishoprick the said jacksons goods , taken in execution after judgment , and restored the said goods to the said jackson , contrary to all the rules of the law . as for this article , wherein this black-mouth'd man ( in whose tongue and pen the very throne of scandal and calumny is established ) doth charge sir a. h. to have acted by a strong hand without law , yea against the fundamental law of this land , most arbitrarily and tyrannically take from the now sheriff of the bishopprick , one jacksons goods , taken in execution after judgment , and restored the said goods , &c. sir a. h. professeth that this whole article is altogether false , that he never heard word or tittle of this jacksons riding up and down the country in arms , &c. and as for this instance of goods taken from the sheriff , &c. it was as heathen greek unto him , he understood it not , nor heard little or much of it , until he read it in this railing pamphlet ; since the publication whereof , this ensuing letter was sent unto him , from the then sheriff of the county of durham touching this business . sir , having lately seen a pamphlet flying about the country , and an aspersion in it thrown upon your self , in that you should have taken some goods from the sheriff of this county after they were taken upon execution , i thought it fitting to let you know , upon what ground these goods were delivered back , which was thus : after the goods were driven , mr bruen sent a letter to my under-sheriff , to acquaint him that the goods taken were belonging to an officer in the army , and not to jackson , the party mentioned in the execution ; upon which the under-sheriff returned the goods to mr bruen , having nothing to do with those goods : this is the truth , and shall in point of vindication to your self be made good by him wheresoever you shall please to call : i shall trouble you no further , but rest , your most affectione friend , iames clavering . durham , 23 ian. 1650. whether the very unclean spirit of impudence and slander hath not possess'd this loose and licenscious pen-man and his contrivers , let all men judg . artic. 10. that the said sir ar. haslerig is very familier , and keepeth company with thomas wray , a papist , in arms against the parliament ; and upon search for a popish priest , there was lately found in the said wrays house copes , and other popish reliques , and much gold and money , most whereof sir arthur haslerig caused to be returned back to mr wrays wife , a papist : and the said sir arthur by his souldiers put sundry honest men out of possession of the colleries , setled upon them by law , under colour the same belonged to the said wray , whose debts sir ar. haslerig undertook to pay ( as wray confessed ) for the said colleries , being worth 10 pounds per diem , as the said sir arthur giveth forth , to the utter undoing of the owners of the said colleries . sir a. h. professeth he never had any thing to do with this mr wray , but when he came unto him about complaints against mr george lilburn and mr george gray for deceiving the commonwealth of very great sums of money when they were of the committee , and trusted for the parliament , which business is sent up to the commissioners of goldsmiths-hall , and now lies before them ; and he is resolved , that whilst he hath any power commited to him , that he will do every man right to the best of his understanding , be he papist , delinquent , or any other whatsoever , and he is a very hypocritical and feigned pretender of righteousness and justice that will be offended thereat , especially complaining in the commonwealths behalf . and concerning the gold mentioned in the article , there was a girdle brought to the committee sitting at durham , which mrs wray did usually were about her , wherein was quilted about 70. l. in gold , of which there was 10. l. in old gold , which the said mrs wray affirmed was her mothers , her grand-mothers , and great grand-mothers , and that she never intended to make use of it ; and further , with sore lamentations , complained to the committee , that twice before that sequestration she had all her goods seized on , and taken away for her husbands delinquency , and earnestly besought the committee for her fifth part , whereupon the committee gave her back the old gold , and a fifth part of the rest , and this was publiquely done at the committee , sir a. h. being then present , he not acting at any time single , but with the whole committee : and for the remaining part of the article , concerning the dispossessing of honest men of the colleries , under colour of mr wrays right unto them , and sir arthurs undertaking to pay his debts , read this ensuing certificate under wrays own hand and seal in the presence of thomas scot and col. george fenwick . thomas wray of benish in the county of durham esquire , declares , that he was formerly and is owner of the colleries at harraton in the said county , and that the said colleries were sequestred for the papisty and delinquency of the said thomas wray first by sir william armyn in the year 1644. and also by the committee of durham 1645. of which mr george lilburn was then a member , and present ; and that the said mr george lilburn in the year 1647. entered into the possession of the said colleries at harraton , and converted the profits to his own use , for which wrong done both to the state and the said wray , he the said wray complained to the committee at durham in the year 1649. and the committee thereupon ordered , upon full hearing of both parties , that the said colleries should be again taken into the possession of the state , and employed for the use of the commonwealth according to the first sequestration , and so it now remains : and the said thomas wray further declares , that sir arthur haslerig , neither by himself , nor any other from him , did ever treat with the said wray for the buying or dealing in the said collery , or paying any of the debts of the said wray , neither did the said wray ever say to any man , that sir art. haslerig undertook to pay any of the said wrays debts , all which he will be ready to testifie upon oath , as cause may require . in witness whereof he hath hereunto set his hand and seal , the 9 of ianuary , 1650. signed and sealed in the presence of tho. scot . geo. fenwick . artic. 11. that the said sir arthur haslerig doth comply with , and countenance colonel john hilton , a delinquent in arms , both in the first and second war , and assists the said hilton to defraud the poor in sundry parishes in bishopprick , of great legacies given by the said hiltons elder brother . whatsoever hiltons brother gave to the several parishes , concerns not sir a. h. but what estate col. hilton had in possession when he was a delinquent and sequestred , it concern'd sir a. h. as trusted for the state , not to suffer such an estate upon pretence of the poors right to be taken out of the states hands by any of the states agents , but in a legal way , or by the command of those that were intrusted by the parliament to take off sequestrations ; and for col. hilton himself , he did never speak in private with him in all his life : and surely had not this musgrave more familiarity with a lying spirit from beneath , then sir a. h. hath had with this hilton , he had never been so countenanced and assisted in framing so many false and scandalous untruths , as he hath been . artic. 12. that sir arthur haslerig brought colonel hacker into the country , who contrary to an act of parliament , quarters his souldiers , and others under the name of souldiers , who are none , upon the well-affected in bishoprick , and would but pay what they pleased , and in some places nothing , but upon complaint colonel hacker gave them no relief , but threatned them to have them before sir arthur haslerig for complaining ; afterwards captain thomas lilburn brought the matter in question before a councel of war at whitehall , but by sir arthurs power it could never be fully heard , which if it had , there would have appeared many thousand pounds kept wrongfully from the souldiers , besides the great oppression of free-quarter ; some examinations whereof were taken by mr margets , which sir arthur haslerig keeps hitherto from reading ; and the said sir arthur sore threatened the said captain , for appearing for the souldiery and country against him and col. hacker . that sir a. h. did bring colonel hacker into that country , he doth acknowledg and justifie the same ; if he or his souldiers have done any thing unworthy , he is very sufficient to answer it , and is ready to give an account thereof at any time : and it is notoriously known , that sir a. h. did exceedingly press to have the complaints against his souldiers to come to hearing ; and he is fully perswaded , that the aspersions layd upon col. hacker are very false , and the proceedings in the country against him were unjust . artic. 13. that the said sir arthur haslerig , to disable m. george lilburn to serve his country , and the more to discourage the well-affected in bishoprick , caused him to be put out of the commission of peace , ministry , and militia , and much endevoreth to sequester the said m. george lilburn , who hath commonly been reputed the most active , stirring , and suffering man for the good of this nation , both before the parliament began , and since , of any that hath been , or is in the country . concerning sir a. h. leaving mr george lilburn out of commission , he conceives that he had done nothing but his duty , and doubts not but he can give satisfaction to any honest and well-affected man to this present government in what he hath done ; and for his endeavors to sequester the said george lilburn , it is notoriously known , that he was accused at the committee , long before sir a. h. came into the country , upon these three ensuing articles . first , that he had signed warrants with his own hand and seal , with sir william carnaby , sir tho : riddal , and sir tho : liddal , for carrying arms and ammunition which came out of holland into newcastle , and were sent unto the late king after he had set up his standard , which were used against the parliaments forces at edghil battel , two of which warrants were produced . secondly , that he gave the late kings oath to several persons in the county of durham , when the earl of newcastle had the whole power of the county . thirdly , that he compelled his servant thomas chilton to serve in col. hiltons regiment against the parliament , which regiment being broken by the parliament forces at marston moor , the said chilton returned to his said master george lilburns house . artic. 14. that sir arthur haslerig hath displaced all the well-affected men in bishoprick , that were of the committee for sequestrations there , and put in their stead one thomas haslerig his kinsman , and a stranger ; and doth continue one colonel francis wren , who in the head of his regiment , upon his first march into scotland , was digracefully and justly cashiered , by the now lord general cromwel , for plundering , and other gross and foul misdemeanors ; and one thomas dalaval , an arch malignant , and disaffected to the present government , who lived in the enemies quarters all the time the earl of newcastle had his forces . it is well if those that were displaced appear well-affected to the publick , and faithful to their trust ; surely that was no cause of their ejection : if unfaithfulness was not their sin , it will never be their sorrow : as for col. wren , he hath ever been faithful to the parliament , and in arms for them from the very beginning , and did ascend unto his colonelship by degrees ; and when his regiment went into scotland after hamiltons defeat , so soon as they came into scotland , they did conceive they might have plundered in scotland as the scots had done in england immediately before , as supposing themselves legal executioners ( and that without commission ) of the law of taliation , and that they might act the scotch-men in their own countries , and thereupon they were very unruly ; the lord general being very much offended thereat , desired the colonel to return back into his country , but he was not cashiered , as is here falsly asserted . as for mr haslerig , he hath a very good estate in the county of durham , and is very well known to be an able and well-affected man , and very fit for the employment , and so is mr tho : dalaval , and sir a. beleeves musgrave can never prove him an arch malignant , onely his work is to slander , and he loves to be doing . artic. 15. that the said george lilburn , being surveyor of the bishops lands in bishoprick with one edward colson , which said colson joyned with one saunders , and counterfeited m. duncalss hand without his privity , for the abatement of a thousand and odd pounds , meerly to cozen the state thereof , which cheat and cozenage the said george lilburn discovered . but the said sir arthur haslerig much labored and sollicited the said george lilburn to conceal the said cheat and forgery of the said colson , and though the said colson be a man disaffected to the present government , and marryed to a papist , yet doth the said sir arthur haslerig much countenance the said colson , and made him a commissioner for the ministry , and his court-keeper . this hath been discovered and published in print by the said george lilburn about two years since , and then also answered by the said saunders and mr colson : and why did not mr lilburn then print sir a. haslerigs desire for his concealment of that cheat and forgery ? surely there was never such intimacy between sir a. h. and mr geo : lilburn , as that sir a. h. should commit such a base secret unto him , and he abhors the practice of such baseness , he could never musgrave it after that manner ; and as for sir a. putting in mr colson to keep his courts , it is well known that he was appointed to keep those courts by the committee when they were under sequestration , before sir a. h. bought the manors ; that colson is a commissioner for the ministry , it may be numbered among the rest of musgraves , it 's utterly false . artic. 16. that your petitioner hath been much sollicited by the well-affected in his country , to present their grievances and oppression , and crave relief in their behalf , as appears by their letters , copies whereof are hereunto annexed . whereas this proud boaster glories , that the well-affected in his country did become so many sollicitors unto him , that he would be pleased to be their sollicitor-general to present their grievances and oppressions , &c. and in the title-page of his book takes in the northern bordering counties , i thought fit to let you see , how the county of northumberland do throw the falshood of it in his face , as appears by this ensuing letter from the grand jury of that county , occasioned by the sight of this scandalous pamphlet , and sent up post unto the councel of state . right honorable , we the grand jury for the county of northumberland , at the now sessions of the peace , having seen a book published by one john musgrave , who therein pretends the great and heavy pressures and grievances the well-affected of the northern bordering counties lie under , by sir arthur haslerigs misgovernment , and placing in authority men disaffected to the present government , and having perused the book , and finding our selves therein much concerned , as being the most northern bordering county to scotland , we presume humbly to acquaint your lordships , that as the author of the book is altogether unknown to us , so also all his relations , complaints , and petitions , without our consent . and we cannot but wonder that any man durst assume so much boldness , as to present to this honorable councel , in the name of the well-affected in the four northern counties , such false and scandalous things . we shall not trouble your lordships with the particulars in his book , few of them concerning our county ; but having diligently perused the book , we find it chiefly endeavors to make the world believe that sir arthur haslerig is a countenancer of delinquents , a friend to the scots , and an enemy to honest men , and the present government : we hope we need not say any thing to wipe off those seeming stains ; sir arthur is well known to the parliament , and his actions have sufficiently testified his affections and faithfulness to the publique interest , and good of this nation ; yet we being his neighbors , and having seen his just and equal dealings , and being partakers of exceeding much good by him , cannot hold our peace : and we dare say , if all the four counties may have leave to speak their own words , they would tell your lordships more then we can say on his behalf . it is strange to us that sir arthur should be counted a friend to delinquents ; surely he is not so in these parts : we very well remember , that long before the parliament made an act to restrain papists and delinquents , sir arthur haslerig caused those that had been in arms against the parliament in our county , especially the gentlemen , and those that had been officers , to be apprehended , and those that were active and dangerous he continued under strict bond , not to go from their own houses , and others about a mile from home , none above five ; and none of them to keep arms in their houses , nor to speak or do any thing against the authority of the parliament ; and divers desperate men he kept prisoners in newcastle ; and we suppose he took the same course in other counties : and for his being an enemy to honest men , we must needs tell your lordships , those that fear the lord bless god for him , and the mercies they enjoy by him . those that love the parliament amongst us , will acknowledg his care and tenderness of them , and his unwearyed endevors to preserve them , and the interest of the parliament : and all the poor people will confess the happiness and benefit they have received by his means ; they are exceeding sensible of the miseries and oppressions they long groaned under , and of the ease and freedom they are now partakers of . and for those gentlemen now intrusted by the parliament with the power of this county , we know not how , nor by whom , they were placed in authority , whether by recommendation of sir arthur haslerig , or others ; but we are sure they are those that have been most active in promoting the parliaments interest , and have kept firm through all changes to the service of their country ; and their righteous dealings in their trust have made their names famous among the people ; and we hope they are not afraid to give an account of themselves when authority shall require it : and for sir arthur haslerigs being a friend to the scots faction , let his activity , care , and industry , to raise men against them , speak for him : and after our army was gone into scotland , his pains and labor to furnish them with provisions and supplies , without which they had been forced to retreat , as we have heard . my lord , we could renumerate our late last grievances , and our present mercies , and instance in many particulars , what benefits we have reaped by sir arthur haslerig , and those in authority amongst us , but it would too much trouble your lordship ; onely we make bold to say , we exceedingly wonder , that such scandalous complaints should be suffered to pass in print , which though they receive not much credit in our days , yet may lay a stain upon the posterity of those , whose names are precious , and deserve to be had in perpetual remembrance . we doubt not of your lordships justice in acquitting the just . we are , my lord , your lordships most faithful and humble servants , richard hearon robert pearson john midford rich : dawson thomas pye william lawson thomas watson george marshal henry lawson robert dalton thomas megison cuthbert fenwick john shafto thomas fenwick ro : megison george hoslop george wharton . morpeth in northumberland , 16 january , 1650. arric . 17. that your petitioner hath lately discovered sundry concealed and sequestred delinquents of great estates , which will bring in to the state ten thousand pounds and more , if the commissioners for sequestration made by sir arthur haslerig were honest and faithful men ; but in regard most of the said cōmissioners are delinquents , and sequestrable themselves , and all of them disaffected to the present government , they do what in them lies to hinder your petitioner in the prosecution thereof . whereas this musgrave boasts of his discovery of delinquents estates , to the value of 10000 l. if the commissioners made by sir a. h. had been honest and faithful , the truth is , this musgrave came with mr can to sir a. h. his chamber , the last time he was in town , which was about april last , and gave the like information , whereupon sir a. h. conceiving , that if musgrave had power he would be the better enabled unto a through discovery , and bringing in unto the state those great sums of mony , thought fit to move the commissioners for compounding to make him one of their commissioners for sequestration for cumberland , which accordingly they did ; and sir a. confesseth that he was exceedingly mistaken in mr musgrave ; and if there was any dishonest and unfaithful , that he put in , or was an occasion of being put into commission , it was this musgrave : and sir a. doth acknowledg , that he never suffered so much disgrace by preferring any man to any place of trust , as he hath received by him ; for the commissioners of goldsmiths-hall have most justly turned him out of commissions , for his corrupt and wicked actings ; and that you may see a true character of this john musgrave , his great zeal for this commonwealth , and against papists-delinquents , and who is the truer friend unto papists and malignants , and more faithful to their trusts , sir a. h. or this john musgrave , read this ensuing letter from his fellow commissioners of that county . for the worshipful tho : craister , esq major of the city of carlisle , haste , haste , in newcastle . sir , about the 15 day of october , mr clement skelton brought in an order from the commissioners for compounding to the commissioners for sequestrations in cumberland , to examine the validity of a deed produced to them , touching the clearing of andrew huddleston's estate , a papist in arms , worth 120 l. per annum : the said mr skelton , bringing the said order before us , and the said deed , was demanded , wherefore he did not seek his interest in that estate before that time , the same being under sequestration for four or five years : the said mr skelton replyed , he could never get a man for his purpose , until he met with mr john musgrave : and being asked , how the said order was got , he answered , mr musgrave knew better then himself ; whereupon mr musgrave was called , and at his coming in , said , 't is true , he had 10 l. to sollicite that business : it being replyed , he was not sent for to know what he had for so doing , but what the commissioners for compounding said to the matter in dispute , and what he thought of it himself ; to the first he answered , that mr winslow did engage to send the said order ; and that he conceived , if we could not prove the said skelton to have made away the estate to the said huddleston , the deed was valid , and so it did behove us to certifie : whereupon he withdrew . the said mr skelton being further asked , when he had the aforesaid estate in possession , and what rent he had received of the said mr huddleston , he thereupon was silent ; whereupon we told the said mr skelton , that if any man went about to conceal a delinquents estate , that same act made him liable to sequestration ; and further , we produced before him the late committee book , wherein it did appear the said mr skelton had farmed the said estate of the late committee , in the year 1647 , and payd the rent due for the same , without claiming any interest therein : whereupon the said mr skelton withdrew , and never since appeared to claim any title therein : but since , the said mr andrew huddleston , paying in his rent due for the same , confessed , that he had given to mr john musgrave himself 10 l. and sent him up to london 5 l. more : and about the day aforesaid , mr musgrave being asked , why he would take 10 l. for solliciting a business of that nature against the state and his conscience , at the very time when he was commissioner for sequestrations for the state , contrary to his trust and oath , which he either had , or should have taken ; he replyed , he was a sollicitor , as well as a commissioner , and would not forego his solliciting for being a commissioner . it is to be noted , that about the 27 of april , 1650. the said deed was produced before mr craister , tho : langhorn , and mr musgrave , then commissioners for sequestration : the said commissioners returned the deed with this answer , that it was to be cleared above ; whereupon the said mr musgrave by his expressions seemed to undertake that business , as it appears he did ; and also at that time spoke in other delinquents behalf so much , as gave occasion to his fellow-commissioners to have some jealousies of his actings ; and presently after the said tho : langhorn saw the said mr musgrave receive a sum of mony from the said mr huddleston , and the said mr musgrave went presently after to london , and stayd there above three moneths , which caused mr craister and tho : langhorn to desire the commissioners for compounding , either to joyn with them such as would act faithfully and fully for the publick , or else excuse them from the service , the affairs of sequestrations speedily requiring diligence and action ; upon which desire of theirs the said musgrave was outed , and others put in , before the said mr skeltons order was examined : but mr musgrave took his discharge so ill , that he did vehemently threaten that the said tho : langhorn , and others , should have lex talionis ; and further , that sir arthur haslerig , to stop his mouth , had made him a commissioner , but now being outed , his mouth was open : to which one replyed , it seems a great place will stop your mouth . also at that time he was outed of being steward of the honor of penrith : and the said mr musgrave being poor , his estate not being possible to be made worse , we do verily beleeve put him upon printing his book : notwithstanding , we desire to forgive him , and the lord to give him repentance , which is all we can offer to you at this time : the truth of what is said shall be sufficiently by our selves and others proved . we desire you to finish that letter to the commissioners above , whereof you took instructions at carlisle , with the tender of our service to all the honorable persons with you . we remain , your friends and servants , tho : langhorn tho : sewell . pearith , 6 januar : 1650. thus have you the several articles exhibited by this northern article-maker against sir a. h. with particular answers thereunto , and that you have compleat satisfaction touching sir a. his innocency in respect unto them all , is my perfect presumption : i had almost said , that a doubt herein ( all things considered ) renders the doubtful , not so much a man , as a musgrave . and although it is beneath a man advanced but one degree , in ways of wisdom and discretion , to waste his time in setting forth the vileness and baseness of the principles and practices of so worthless a person , it being but actum agere , he himself having been his own limbner in this very pamphlet which he made against sir a. h. where you may see , as in a glass , as many ill qualities , as can likely croud together in one man ; yet if you can bear the savor , see him anatomized in some few instances . first , observe his covetousness , dishonesty , and ( to speak it out ) his plain knavery in this instance following , in a certificate under the hand of a minister and an eye-witness thereof . a certificate from a minister touching mr musgrave's base offering to compound to desist prosecution of an honest man , by him accused for a certain sum of mony . about the beginning of february , 1648. captain crakanthorp and john musgrave procured an order from the committee for complaints at westminster , to summon several gentlemen within the county of cumberland to appear before the said committee , to answer to a charge layd against them by the said captain crakanthorp and john musgrave , who alledged , that they had sustained loss or damage by those gentlemen ( being justices of the peace within the said county ) to the value of two thousand pounds and upwards ; which order the said informers shewed to captain dowson and my self , then being at london . we friendly demanded of them , what injury they had received from william brisco , esq now high-sheriff of the said county , being one of those gentlemen whom they accused , and whom they had order to summon : and finding , by their unsatisfactory answer , that a matter of mony would pacifie them , and prevent this appearance , we acquainted mr edward brisco , a merchant in london , and brother to the said william brisco , esq of their intentions , so far as by their discourse we could judg of them ; mr edward brisco was willing to promise a considerable sum of mony , though without his brothers privity , hoping he might thereby procure a discharge from the complainers , and withall an engagement under their hands to free his brother from all future trouble , which accordingly was effected , and the sum agreed upon , viz. 35 l. presented before them , upon the sight and promise whereof , the complainers engaged to acquit the said william brisco from all future troubles , assuring us that they would not molest or accuse him directly or indirectly , by themselves or others , for any injury or offence done , or pretended to have been done , by him , either in particular against them , or in general against the state , of which they protested they were able , and wovld accvse him , if they received not present satisfaction . they on the other side required bonds , besides the present payment of the mony , for assurance from the said edward brisco , captain dowson , and my self , that we would not discover this their act and deed to any other , least the report thereof should prejudice their proceedings against the rest of the gentlemen , of whom they hoped to receive like satisfaction : their engagement for acquiting mr brisco , together with the mony , which then lay upon the table in a bag , he the said mr edward brisco immediately pocketed , pretending that he desired to be advised by some lawyers , whether this engagement of theirs was full and satisfactory , or not ; and so leaving them that had delivered their engagement , and not received their mony , he went home , and that night shewed the paper to major salloway , a member of the house , who assured him , that he would acquaint the house with it . this i am willing to depose upon oath , whensoever i shall be called thereunto . jos : nicholson , minister of gods word at thursby . mr edward brisco is now in the city , and ready to make oath of what is expressed in this certificate . here follows the release which this musgrave writ with his own hand . whereas mr richard crakanthorp and john musgrave , gentlemen , have exhibited certain complaints to the parliament against william brisco , esq as well for certain wrongs done to us in particular , as also for publique wrongs , or dis-service to the parliament , and their adherents , and have obtained summons against him ; now these presents are to satisfie all whom it may concern , that edward brisco , brother of the said william , hath payd us thirty five pounds on his brothers behalf , for the wrongs done , in consideration whereof we do by these presents promise , and covenant , to , and with , the said edward brisco , that we shall not at any time hereafter prosecute the said william brisco for the causes aforesaid , or any other wrongs by the said william committed against us , or other person or persons whatsoever . he acknowledged this engagement and discharge to be his own hand-writing before the commissioners at goldsmiths-hall very lately . now judg reader ( if i may be a little pleasant with thee ) whether here was not a knave and a knavecatcher well met . take here another instance , and that shall be of his tyranny , cruelty , and indeed barbarism , set forth upon the best terms of concealment , and that by his own hands , in an apologetical letter written to col. fitch , governor of carlisle , who required an account of a captain , and some souldiers that were assistant unto him in the execution thereof . to his much honored friend colonel fitch , governor of carlisle , these deliver . sir , this evening i received a letter from captain place , wherein he intimates , that he is commanded to bring two of his soldiers before you to carlisle , upon my father in law mr vaux his complaint , that they took him forth of his bed , and carryed him a mile in his shirt , and that they took and detained a horse of his worth 10 l. the captain was desirous that i should come along with them to give account of the thing , so far as i knew , and the same related to my mother and me , which very willingly i would have done , if i had not been constrained the audite to morrow , by appointment from mr pollard , the states receiver , i ( being the states steward for the honor of penrith ) might neglect that service , but to morrow night i shall be , god willing , with my brother graham at newbygin , and the next day at newlathes , to hold the leet for my ancient friend captain sikes , purchaser of the manor of john de chappels , whither if you send , upon notice i will wait on you , so be i may , according to law , be free from arrests , which in that corporation may causless be layd upon me for vexation , as often heretofore hath been done , i speak not this that i know or fear any just cause , for i never concealed my self , and shall be ready to appear gratis at westminster to any action : in the mean time take a short account of what i know there concerning ; i doubt not but you have heard of the difference betwixt me and mr vaux , and him and my mother , and how , while the late kings party was master of this county , wickedly he used her , and endevored to have starved her ; for the committee of this county ordered her 30 l. per annum , till she could obtain relief in a legal way , which order he never observed , not to speak of his wilful contemning the present authority , refusing to answer any proces , or obey any order therein , for which , at my suit some fourteen days since , he was proclaimed by the sheriff , and upon an order under seal out of the high court of chancery for 20 l. 250 l. arrearages , and fourty pounds per annum , upon an attachment by a special warrant from the sheriff of this county , to me and thomas graves and others directed , he was arrested : the maner was thus , before any souldier was quartered with my mother , we went to kelbarrow , and his chamber door being open , and he in bed , we peaceably entered , and desired him to rise , which he refused to do ; then i told him , he was a prisoner ; whose prisoner ( quoth he ? ) i said , my prisoner , wishing him to rise and put on his clothes ; i shewed him the warrant under seal , and read it unto him ; but he said , it was a counterfeit warrant , and he would not obey it , and if we had him , we should take him naked ; so finding him obstinate , we took him out of his bed , and brought him into the hall , and set him in a chair , wishing him to put on his dublet , which thomas grave brought out of the chamber , but he would not , fearfully cursing me , and my mother : i offered to fetch his breeches , but he cryed out , i went to rob him ; so i forbare , wishing his man there present to fetch his clothes , but he commanded the contrary : i offered him , if he would give security to appear and answer the court , i would accept it ; or if he would go to mr sandersons , or any other friend , i would carry him thither , desiring him still to put on his clothes , which after long refusal , fearing his tenants coming in to rescue him , as sometimes they had done , we horsed him , and cast a cloke about him even per force , and carryed him to laths , not half a mile from his own house , where he was taken , and with much entreaty got him to go to bed , he still refusing to put on clothes , which the good-wife of the house brought him ; and after henry dacre came to him , and brought his clothes , he caused them to be sent away : i offered dacres to accept bond for his appearance without going further , but dacres went to the undersheriff and brought a discharge , a copy whereof i send you . that night late i went to catterben to see how things were with my mother , where i found these two soldiers quartered , as they said , by orders ; they were much discontented with dyet and lodging , wanting indeed all fit accommodation , having neither fire , victuals , or bedding for them ; some words passed betwixt them and me : i told them , my mother was a forsaken woman , had nothing but that great empty house , her husband not allowing her common necessaries , and contempting all orders made for her , desired them to go to him , and quarter there , or cause him to bring in provision , and she would make it ready , and if that would not serve , they must bring it with them , for they could not have it where it was not : that night they layd upon hay with such coverings as she had , dis-furnishing her self , and sup'd with big-pottage , fare coarse enough . the next day i shewed them mr vaux his man in the field , but he would not come neer us , though none intended him harm ; the souldiers finding the man so refractory , horsed after him , and a while after brought the horse , dear of six pounds , being lame , into the courting , which my mother took from the souldiers , and which she sent away to be sold without the privity or consent of the soldiers : what she hath done , she will maintain and justifie , and when that mony is spent , as most of it be , she must fetch more from him ; for four years she had not any thing from him , whereby she contracted great debts , and if god had not enabled me to travel for her , he had starved her long ere this ; perhaps ere long you may have a larger view of all his doings in print . yesterday after i came from keeping the leet at feverham for the state , i finde two soldiers more quartered with my mother ; this morning i sent to the constables who layd them upon her , wishing them either to provide for them , or take them away ; but they said they durst not do any thing without mr vaux consent : mr vaux hath complained to a councel of war at penrith , but they finde no cause to interpose amongst us in these civil differences : this day i acquainted major rippon with my mothers burthens and condition , and he took off that charge for the present , as by the enclosed you may perceive . i desire you for the future that my mother may not be troubled with billeting any souldiers , till there be a setlement betwixt her and her husband , for avoyding the like disturbances as these : i have been larger , then i intended , but you have nothing but truth ; for mr vaux his uncivilities to us are not worthy mentioning . i take leave and rest , yours , wherein i may serve you , john musgrave . catterben-hall , 8. 10 moneth , 1650. judg again reader , didst thou ever see such tyranny upon the dunghil in all thy life before ? what ( think'st thou ) would it advance unto , was it upon the throne ? look back upon the instance , tell the aggravations thereof : a poor old man of seventy years of age , in time of peace , having his chamber door broken open , taken out of his bed , in the winter season , in the north of england , put naked upon a horse , for neither felony nor treason , by his wives own son ( this musgrave ) and so carried away towards this wretched mans house , and compel'd ( for fear the old man should dye , or rather of the reward of a murtherer ) to hasten him into a milners house by the way , and put him into bed , hardly able to keep life in him , and all for so small a matter as is here specified : would not a man think that the great tormentor of mankind was mew'd up in this musgrave , and that a few more of such musgraves would render those places where they were , as if hell was broke loose , and the inhabitants thereof had dwelt therein ? i shall forbear any further digging in his own dunghil ; for the truth is , i loath the work , and it shall be pure necessity that shall re-compel my pains of this nature , if ever i attempt it the second time : no more now but only this ; he pretends himself the grand advocate for the godly ministers in the northern counties ; if you may judg of his clergy clients by one or two of them , whose cause he solicited very lately before the committee of plunder'd ministers , you may quickly ghess what ministers they are : and for thy satisfaction herein , read the orders of the said committee after full hearing of both of their causes . at the committee for plundered ministers , february 14. 1650. upon the complaint of mr john musgrave on the behalf of mr morland , ejected out of the rectory of graystock in the county of cumberland by sir arthur haslerig , and other the commissioners , for propagating the gospel in the four northern counties , the said mr morland appealing against the judgment of the said commissioners , and being now present with the said mr iohn musgrave , his solicitor , to make good the said appeal , it is admitted on both sides , that the cause of the said mr morland his ejectment out of the said rectory , was for insufficiency for the ministry ; and that he appearing upon examination before the said commissioners ( as is in behalf of the said commissioners affirmed ) to be grosly ignorant , and therefore unable and unfit for the work of the ministry , they have adjudged him a scandalous minister : but the said mr morland standing upon his justification , submitteth himself to a re-examination before this committee ; and being now re-examined before this committee in presence of his said solicitor mr iohn musgrave , and all parties concerned , it appeareth to this committee upon the publique examination of the said mr morland , that he is notoriously ignorant even of the very fundamentals of christian religion ; and the said mr morland having nothing more to say for himself , nor his said solicitor mr musgrave on his behalf , this committee do upon full hearing adjudg , that the said mr morland is a very scandalous minister in regard of his said ignorance , and do approve of the said commissioners ejecting him out of the said rectory for the same , and do therefore order , that the orders of the said commissioners for his said ejectment shall stand , and the same are hereby confirmed , and that the said appeal be , and the same is , hereby dismissed . gilbert millington . at the committee for plundered ministers , february 14. 1650. upon the complaint of mr iohn musgrave on the behalf of mr lampit against sir arthur haslerig , and the rest of the commissioners for propagating the gospel in the four northern counties , the said mr lampit appealing against the judgment of the said commissioners for removing him out of the rectory of aiction in the county of cumberland , and being now present with the said mr iohn musgrave his solicitor to make good the said appeal ; it appeareth upon full hearing of what the said mr lampit and mr musgrave could say , that mr lampit was not ejected out of the said rectory by the said commissioners , for that the said mr lampit by his own shewing and confession acknowledged that he had no other title unto the said church , but the election and entertainment of some of the said parish thereunto , they having no authority at all to present ; and that the said commissioners taking notice of the vacancy of the said place ( the former incumbent being lately dead ) did , according to the authority vested in them by the parliament , settle mr nichols , minister of the said church , an able and painful preacher , who is freely received and entertained by the said parish , and the pretended choyce of the said mr lampit by them the said parishoners wholly retracted . now therefore in regard the said mr lampit claimeth only by intrusion , as afore-said , without any right , and the said commissioners having found it so before them , and thereupon otherwise disposed of the said living according to law : the said mr lampit and mr musgrave having nothing more to say , this committee finding that the said mr lampit or mr musgrave had not the least just cause of complaint against the said sir arthur haslerig and commissioners for putting the said mr lampit out of the said rectory of aicton , do approve of the proceedings of the said commissioners , and confirm the order by them made for disposing the said rectory , and do dismiss the said appeal . gilbert millington . his post-script is as full of the same spirit of malice and scandal as his prescript , belching out falsities and forgeries by thousands ; affirming , that sir a. h. partly by oppression , but mostly by buying the commonwealths lands at a far under-rate , hath gotten an estate worth 8 or 10 thousand pounds per annum : a man would have thought he had spent his poyson in the body of his pamphlet ; but it seems he hath a spring thereof in his bowels that can vent it self without end : sir arthur is a man of estate , honour , and conscience , and therefore no probable friend to levelling principles ; he hath been a purchaser of bishops lands , and is not this a clear evidence of his dis-affection to the commonwealth , and a manifest testimony of his scotish malignancy ? all which he hath bought at a far under-value , the surveyors returning the prizes as sir arthur desired : what forsworn wretches were these surveyors ? what , all musgraves ? not an honest man amongst them ? sir arthurs man pearson buys lands also : who can endure to see such thriving ? is not this worthy of complaint to the councel of state ? col : fitch also wrongs the whole country : this is most apparent ; for he would not suffer one of his captains and souldiers to abuse musgraves father in law ( as you lately read ) but he calls them to account for it : no man but musgrave is sensible of his countries misery under sir a. h. misgovernment , and his malignant iustices , contrary to his engagement to the councel of state , all which is submitted to that honorable councel , who hath declared it false and scandalous . post-script . john musgrave , one word of counsel ( before we part ) and then farewel : let us hear no more complaint of oppression from an oppressor , nor of tyranny from a tyrant ; you know they are not always the honestest men that cry loudest stop thief : if you love the commonwealth , seek not to ruine her common-worthies ; though you have quit the scotch interest , yet love your scotch wife ; you know the meaning ; there is more hope of a babe of grace of her , then of another : if i should tell you of loosness in bonds , of liberty in prison , of a fleet on the dry ground , i presume you able to expound all these aenigma's ; if you cannot , you may have an interpreter , time enough . reader , it is very likely that thou hadst never been tempted to bestow thy labour in perusing this answer unto that inconsiderate , malicious , and indeed self-confuting pamphlet , written by musgrave ; for sir a. h. inhibited the publication hereof , resolving to let shemei curse and rail , as presuming that the lord might send even a messenger of satan to do him good , and that he would have rebuked him in the hearts and consciences of all his readers : but upon the perusal of another answer to the said musgrave , printed at newcastle , and sent unto london , sir a. h. being altogether ignorant thereof , and unconsulted therein , and several things respecting matter of fact in answer to musgraves articles against sir arthur therein specified not so satisfying , it was thought convenient to call out of its adjudged darkness , and to expose it unto the publique view . farewell . finis . notes, typically marginal, from the original text notes for div a89431e-170 * for so it appears . notes for div a89431e-560 job 30. 1. by the committee of safety of the common-wealth of england, scotland, and ireland a proclamation touching the summoning of a parliament. england and wales. committee of safety. this text is an enriched version of the tcp digital transcription a84452 of text r211385 in the english short title catalog (thomason 669.f.22[24]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a84452 wing e748 thomason 669.f.22[24] estc r211385 99870114 99870114 163607 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a84452) transcribed from: (early english books online ; image set 163607) images scanned from microfilm: (thomason tracts ; 247:669f22[24]) by the committee of safety of the common-wealth of england, scotland, and ireland a proclamation touching the summoning of a parliament. england and wales. committee of safety. 1 sheet ([1] p.) printed by henry hills, and john field, printers to the committee of safety, london : [1659] dated at end: given at whitehall this 14. day of december. 1659. annotation on thomason copy: "xber [i.e. december] 15. 1659.". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a84452 r211385 (thomason 669.f.22[24]). civilwar no by the committee of safety of the common-wealth of england, scotland, and ireland. a proclamation touching the summoning of a parliament. england and wales. committee of safety. 1659 490 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 emma (leeson) huber sampled and proofread 2007-11 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion by the committee of safety of the common-wealth of england , scotland , and ireland . a proclamation touching the summoning of a parliament . the council of officers of the army , upon consideration of the present condition of affairs in this commonwealth , and the great distractions now fomented by the enemies thereof ; and being satisfied that the most probable means under god for the appeasing of all discontents , quieting the peoples minds , and preserving of their spiritual and civil rights and liberties , will be , that a parliament , without a single person as chief magistrate , kingship or house of peers , may speedily be called , who , through the gracious assistance of our god , may proceed to such a settlement of the government of this commonwealth , as may be for the security of the cause wherein the good people of these nations have been , and still are engaged ; and that their intentions of setting up the civil authority , and being subservient thereunto may be brought to effect , they have held it their duty by all good means within their power to be instrumental in procuring the same , and in order thereunto , have made known to the committee of safety their desires herein ; and that the committee would take speedy order that the same may be put in execution for the ends before mentioned . whereupon this committee being ready to contribute their utmost endeavours in so good a work , and so much tending to the satisfaction of all good men , and to the preservation of the peace , liberties and rights of this commonwealth , have thought fit , and do hereby publish and declare , that writs under the great seal of england , shall forthwith be issued for the summoning of a parliament , as aforesaid , to be held in the usual place at westminster , upon the four and twentieth day of january next ensuing ; and this committee do hereby exhort and require all persons of what condition soever , that in the mean time they do not act or promote any thing to the disturbance of the publique peace , but that they do demean themselves peaceably according to the law , expecting and resolving to submit unto what the parliament shall in their wisedom think fit to order concerning the great affairs of these distracted nations , wherein they humbly pray and hope that the lord will be pleased to vouchsafe his gracious presence and assistance . given at whitehall this 14. day of december . 1659. ordered by the committee of safety , that this proclamation be forthwith printed and published . will. robinson , clerk of the committee of safety . london , printed by henry hills , and john field , printers to the committee of safety . the final protest, and sense of the citie this text is an enriched version of the tcp digital transcription a87888 of text r211388 in the english short title catalog (thomason 669.f.22[26]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a87888 wing l1247b thomason 669.f.22[26] estc r211388 99870117 99870117 163609 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a87888) transcribed from: (early english books online ; image set 163609) images scanned from microfilm: (thomason tracts ; 247:669f22[26]) the final protest, and sense of the citie l'estrange, roger, sir, 1616-1704, attributed name. 1 sheet ([1] p.) s.n., [london : 1659] sometimes attributed to sir roger l'estrange. imprint from wing. annotation on thomason copy: "xber [i.e. december]: 19. 1659". reproduction of the original in the british library. eng england and wales. -committee of safety -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. london (england) -history -17th century -early works to 1800. a87888 r211388 (thomason 669.f.22[26]). civilwar no the final protest, and sense of the citie. [l'estrange, roger, sir] 1659 1138 2 0 0 0 0 0 18 c the rate of 18 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-09 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-12 elspeth healey sampled and proofread 2007-12 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the final protest , and sense of the citie . having diligently perused two printed papers , bearing date the 14th . of this instant december : the one , in form of a proclamation concerning the summoning of a parliament : the other , as an order of the common council , commanding the city to acquiesce in expectation of that parliament : we find therein contained , matters , so contrary to the honour of the nation , and to the freedom of the city , that we stand obliged , both as englishmen , and as citizens , to protest , against the impositions of the former , as illegal , and the concessions of the latter , as a direct combination against us . these two papers are seconded by a third : ( for the two are one , both in effect , and design , ) and that is , a proclamation of banishment , directing to the late kings party , under the notion of the common enemy : so that there 's no love lost betwixt the committee of safety , and the common council , when the general provides for the peace of the city ; and the mayor , for the safety of the army ; not to argue acts of oblivion ; and the violation of publique faith in the case : that they conditioned for their lives and liberties ▪ and compounded for their fortunes . this is not our concern , what they do suffer ; but what we may , if we trust those , that keep no faith with them : and that we 'll take a care of : when they are gone , then we are the common enemy ; so are the laws of god , and of the nation , and such is every man that loves them . what this malignant party is , these people talk of , we neither know , nor meddle ; the gentry 't is we live by , and by the laws of gratitude , and hospitality , we are bound to protect them , and as well resolved to do it , within our walls , against any other power , than that of the known law . the short of the design is this , a danger is pretended to the city , from the late kings party , and to prevent the mischief , the kind committee banishes the gentlemen ; with order to the mayor of wallingford , ( late of london ) &c. — to make strict searches for delinquents . now in pursuance of this pretious order , our houses must be forced , and we disarmed , and then , our throats cut , to preserve the city . let those that would be chronicled for slaves , & fools , submit to suffer this ; and after that infamous hour , may a yellow coat , and a wooden dagger be the badge , and distinction of a citizen . to conclude , we our selves are that city , so much the care and cry of the proclamation ; and this is our unanimous sence , and resolve . the army proposes to pillage , and murther us , the mayor , and his worthy advisers , ireton ▪ &c. — are to hold our hands , whiles they give the blow ; so , that we are now to provide both against force and treason ; having one enemy within our walls , and another in our councils . but withall , we have our swords in our hands , and our brains in our heads ; so that only to strike the one , and to dis-believe the other , is to subdue , and disappoint them both . we do therefore declare to the world , that we will by violence oppose all violence whatsoever , which is not warranted by the letter of the established law : and that in pursuance of this duty , both toward the nation , and city , an insolent souldier , and an apostatized magistrate shall be to us as the same thing . — not to word it much further , as we will not be bafled , by affronts , so neither will we be fooled by flatteries . — after the loss of trade , and liberty , a vast expence of blood , and treasure ; after many injuryes received , more threatned , and none returned ; we made a sober , and regular application , to the authority of the city , for redresse . this they promised , and wee expected , til at last , instead of a reparation for past wrongs , or a security against worse to come ; we are paid with an expectation of a parliament in january . this is a logique we understand not . it is in english , lye still , till you have your throats cut . it would be well to commit the disposition of our fortunes , to those people , that are at this instant designing an execution upon our persons ; and to requite those worthies , that have already robb'd us of all we have lost , with the offer of that little rest they have left . but this will not do our businesse ; we will not have our murtherers , for our judges : nor will we wait . that parliament they babble of so much , will not soon vote up the city again out of ashes , nor all the saints in that holy assembly , be able to bring the poor cobler into the world again , that was kill'd by order of his brother hewson . no , the cheat is too stale , and we are determined to redeem our selves ; but with this caution ; we do solemnly professe , that we will exercise all the tendernesse which possibly the case will bear . the common soldier is engaged rather out of a heedelesse , than malitious interest : we do therefore protest , that such of those as shall not evidence their malice , by their obstinacy , shall receive a faire consideration ; but , for such as lead them , we do resolve , not to allow quarter to any one of them , that draws his sword in the quarrel : and in order to the quicker , and gentler dispatch of the businesse : we conclude with a text . fight neither with small nor great , but with the king of israel . and so god give a blessing to the endeavours of all honest men . a letter from gen. monck in scotland, to the commissioners of parliament in ireland, touching his present actings for the commander in chief of the forces in ireland, to be communicated to the rest of the officers of the army there. albemarle, george monck, duke of, 1608-1670. this text is an enriched version of the tcp digital transcription a76004 of text r211409 in the english short title catalog (thomason 669.f.22[38]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a76004 wing a850 thomason 669.f.22[38] estc r211409 99870138 99870138 163621 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a76004) transcribed from: (early english books online ; image set 163621) images scanned from microfilm: (thomason tracts ; 247:669f22[38]) a letter from gen. monck in scotland, to the commissioners of parliament in ireland, touching his present actings for the commander in chief of the forces in ireland, to be communicated to the rest of the officers of the army there. albemarle, george monck, duke of, 1608-1670. 1 sheet ([1] p.) printed at dublin by special order: and re-printed at london, for nath. brook, at the angel in cornhil, [london] : [1659] signed at end: george monk. publication date fom wing. annotation on thomason copy: "xber [i.e., december] 29 1659". reproduction of the original in the british library. eng england and wales. -army -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a76004 r211409 (thomason 669.f.22[38]). civilwar no a letter from gen. monck in scotland, to the commissioners of parliament in ireland, touching his present actings. for the commander in chie albemarle, george monck, duke of 1659 944 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-06 tcp assigned for keying and markup 2008-09 spi global keyed and coded from proquest page images 2008-10 john pas sampled and proofread 2008-10 john pas text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion a letter from gen. monck in scotland , to the commissioners of parliament in ireland , touching his present actings . for the commander in chief of the forces in ireland , to be communicated to the rest of the officers of the army there . sir , having received yours of the 4th of this instant , signed by your self and some others : you are pleased to signifie your apprehensions of our undertakings , and your hopes that we have received from our brethren in england such satisfaction as we may acquiesce in , in their late actings . i have sent to you by this gentleman these enclosed papers , wherein you will fully be informed of our endeavours and pains , to keep a right understanding with our friends and fellow souldiers : but we sincerely profess to you , that we cannot be convinced of any such necessity or sence of duty , that could engage them in actions so violent and unwarrantable , contrary to such late and solemn engagements : indeed it makes our hearts mourn in secret , to confider what the issue of this dangerous and rash change of the government may be : but we hope we shall be found in the way of duty , and shall walk according to gods word , in that we have borne our testimony according to our consciences against that which is evil ; and we humbly desire you to lay to heart the great dishonour that will lye upon the holy name of god , by our inconstancy and ( i wish i could not say ) treachery . are we not an army that have the highest engagements upon us ? never such a professing generation for god! yet to make no conscience of obedience to those god sets over us ; nay , such whose authority hath been witnessed to , by almighty god , in many successes ; and for restoring of which we were , but the other day rejoycing and praising god ; and for the asserting whose just authority , our brethren in england so lately hazarded to bloud , from whom we have all received commissions and encouragement : and this to be done without half an hours deliberation ! we tremble to consider of it , and that a few persons , and of them some unknown to us , to be intrusted with the power of abolishing laws , raising moneys , chusing general officers , creating new models of government , making peace and war ; and this derived from the officers of a few regiments quartered in england ; and our consent to all this , authoritatively required . we cannot but witness against such proceedings , as must needs make us a scorn to our enemies , a shame to our friends , and odious to all the people of god in the world . is this the good old cause , the defence of the parliaments priviledges , to dissolve them with the greatest contempt ? are the peoples rights now secured , when their consciences , estates and persons , are abandoned to the will and pleasure of nine or ten persons ? are the churches of jesus christ like to be protected , when the encouragement of the ministry of the churches is to be removed ? now we beseech you , in the bowels of the lord jesus , to lay to heart these things , and consider whether our jealousies and fears be not real . and we declare in plainness and singleness of heart , ( as in the presence of god ) with you , that our brethren in england , are very dear to us in the lord ; that it wounds us deeper to consider these actings , then the wounds we have received from our enemies ; for then we could have borne them . we bless the lord that you are so sensible of the hazard and bloud that may follow . so we beg of you to remember what bloud hath been shed , and who will answer for it , if we be worse then those god cast out before us . we bless god that we need no umbrage , for our actions ; but testifie before god and man , that we will not admit any single person whatsoever , nor house of lords ; that we desire successive parliaments , and councils of state established by authority of parliament for the government of these nations ; and that there may be a legal foundation and succession . we desire you our brethren in ireland , to joyn with us , in your desires to the army in england , that this parliament may be restored , and put a legal period to their sitting ; and settle such expedients as may be for the securing of these nations , against the common enemy . and we shall take this as a renewed engagement of your brotherly love and kindness to us . and having no further to trouble you , but to let you know , that i am , honoured sir , your humble servant , george monk . this messenger after some time being in this city , carried himself very indiscreetly , so that i thought fit to confine him to his chamber ; which i hope you will not take ill . printed at dublin by special order : and re-printed at london , for nath. brook , at the angel in cornhil . his majesties gracious message to both houses of parliament sent from nottingham 25.august 1642, by the earles of southampton, and dorset, sir iohn culpeper knight chancellor of the exchequer, and sir william vuedall knight. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a78806 of text r210992 in the english short title catalog (thomason 669.f.5[73]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a78806 wing c2332 thomason 669.f.5[73] estc r210992 99869735 99869735 160786 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78806) transcribed from: (early english books online ; image set 160786) images scanned from microfilm: (thomason tracts ; 245:669f5[73]) his majesties gracious message to both houses of parliament sent from nottingham 25.august 1642, by the earles of southampton, and dorset, sir iohn culpeper knight chancellor of the exchequer, and sir william vuedall knight. england and wales. sovereign (1625-1649 : charles i) 1 sheet ([1] p.) by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, imprinted at york : 1642. reiterates the king's desires for peace with parliament. to avoid further misunderstandings, proposes that fit persons may be authorized to treat with persons selected by him to settle the affairs of the kingdom in dispute. if this is rejected throws the blame on them of all bloodshed. -steele. with engraving of royal seal at head of document. reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a78806 r210992 (thomason 669.f.5[73]). civilwar no his majesties gracious message to both houses of parliament, sent from nottingham 25. of august 1642. by the earles of southampton, and dors england and wales. sovereign 1642 635 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 paul schaffner sampled and proofread 2008-07 paul schaffner text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense diev et mon droit his majesties gracious message to both houses of parliament , sent from nottingham 25. august 1642. by the earles of southampton , and dorset , sir iohn culpeper knight chancellor of the exchequer , and sir william vuedall knight . we have , with unspeakable grief of heart , long beheld the distractions of this our kingdom ; our very soul is full of anguish , untill we may find some remedy to prevent the miseries which are ready to over-whelme this whole nation by a civill war . and though all our endevours , tending to the composing of those unhappy differences betwixt vs and our two houses of parliament ( though pursued by vs with all zeale and sincerity ) have been hitherto without that successe we hoped for , yet such is our constant and earnest care to preserve the publike peace , that we shall not be discouraged from using any expedient , which , by the blessing of the god of mercy , may lay a firm foundation of peace , and happinesse to all our good subjects . to this end , observing that many mistakes have arisen by the messages , petitions , & answers betwixt vs and our two houses of parliament , which haply may be prevented by some other way of treaty , wherein the matters in difference may be more cleerly understood and more freely transacted , we have thought fit to propound to you , that some fit persons may be , by you , enabled to treat with the like number , to be authorized by vs in such a manner , and with such freedome of debate as may best tend to that happy conclusion , ( which all good men desire ) the peace of the kingdom . wherein , as we promise , in the word of a king , all safety and encouragement to such as shall be sent unto vs , if you shall chuse the place where we are for the treaty , which we wholly leave to you , presuming of the like care of the safety of those we shall employ , if you shall name another place ; so we assure you and all our good subjects , that ( to the best of our understanding ) nothing shall be therein wanting on our part which may advance the true protestant religion , oppose popery and superstition , secure the law of the land ( upon which is built aswell our just prerogative as the propriety and liberty of the subject ) confirme all just power and priviledges of parliament , and render vs and our people truly happy by a good understanding betwixt vs and our two houses of parliament . bring with you as firme resolutions to do your duty , and let all our good people joyn with vs in our prayers to almighty god for his blessing upon this work . if this proposition shall be rejected by you , we have done our duty so amply , that god will absolve vs from the guilt of any of that blood which must be spilt . and what opinion soever other men may have of our power , we assure you nothing but our christian and pious care to prevent the effusion of blood hath begot this motion . our provision of men , arms , and money , being such as may secure vs from further violence , till it please god to open the eyes of our people . ¶ imprinted at york by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . 1642 xii. resolves concerning the disposall of the person of the king in a sharpe reproofe to a rejoynder to three pamphlets, published in defence of mr. chaloners speech (called, a speech without doores, and said to be defended without reason) under pretence of the vindication of the parliaments honour. with a declaration of the generall assembly of scotland, concerning the danger of capitulation with those who have raised warr against the parliament, and against receiving protections from, and complying with the cavaliers. chaloner, thomas, 1595-1661. this text is an enriched version of the tcp digital transcription a78520 of text r201255 in the english short title catalog (thomason e365_22). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 22 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a78520 wing c1806 thomason e365_22 estc r201255 99861784 99861784 113929 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78520) transcribed from: (early english books online ; image set 113929) images scanned from microfilm: (thomason tracts ; 58:e365[22]) xii. resolves concerning the disposall of the person of the king in a sharpe reproofe to a rejoynder to three pamphlets, published in defence of mr. chaloners speech (called, a speech without doores, and said to be defended without reason) under pretence of the vindication of the parliaments honour. with a declaration of the generall assembly of scotland, concerning the danger of capitulation with those who have raised warr against the parliament, and against receiving protections from, and complying with the cavaliers. chaloner, thomas, 1595-1661. scotland. parliament. [8] p. printed by iane coe, london : 1646. attributed to thomas chaloner by wing. a reply to: birkenhead, sir john. the speech without doores defended without reason (wing b2972). signatures: a⁴. reproduction of the original in the british library. eng birkenhead, john, -sir, 1616-1679. -speech without doores defended without reason. charles -i, -king of england, 1600-1649 -early works to 1800. england and wales. -parliament -early works to 1800. royalists -england -17th century -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a78520 r201255 (thomason e365_22). civilwar no xii. resolves concerning the disposall of the person of the king: in a sharpe reproofe to a rejoynder to three pamphlets, published in defe chaloner, thomas 1646 3954 15 20 0 0 0 0 89 d the rate of 89 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-03 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-06 pip willcox sampled and proofread 2007-06 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion xii . resolves concerning the disposall of the person of the king in a sharpe reproofe to a rejoynder to three pamphlets , published in defence of mr. chaloners speech ( called , a speech without doores , and said to be defended without reason ) under pretence of the vindication of the parliaments honour . with a declaration of the generall assembly of scotland , concerning the danger of capitulation with those who have raised warr against the parliament , and against receiving protections from , and complying with the cavaliers . prov. 15. 26. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} 2 tim. 4. 14. alexander the coppersmith hath done me much evill : the lord reward him according to his workes . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . polyb hist. lib. 1. london printed by iane coe 1646. xii . resolves concerning the disposall of the person of the king . as it may be said to the parliament of england , as king iehosaphat said to his senatours take heed what ye do , for ye iudge not for man but for the lord . 2 cro. 19. 6. so for any ambitious spirit by evill language to traduce , or by lihills , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to asperse any member thereof , he that doth so , gives a very insufficient accompt of any faithfulnesse to that parliament whereof the other is a member , ( especially in any thing said or done before the whole house , and by them approved , ) and ( what ever is professed ) in times of tryall , such will prove like nyssers apes , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . greg. nyss , de professi . christian ) for a little honour or profit to himselfe . now for this rejoynder , ( who professeth himselfe to be the same who writ the animadversions on mr. chaloners speech ) though he would have it granted that he gave a good accompt of himselfe b●fore , yet by examination it appeared to be quite contrary , and this second ( being audi●ed ) is yet worse , as i shall make it appeare to those who will view the sume and substance thereof : in which i am resolved on much brevity . 1. he saith that the scripture prefixed in the title of his animadversions . for the transgression of a land , many are the princes thereof . pro. 28. 2. was intended against change of government ( driven at in the speech ) by the king , a●d both houses of parliament . 1. answer ) this is a most false aspertion , mr. chaloners words were these , first , settle the honour , safety , and freedome of the common wealth , and then the honour , safety , and freedome of the king , so farre as the latter may stand with the former , and not otherwise , which is according to the law of the 12. tables , salus populi , suprema l●x . the learned scotchman himselfe delivered his opinion 2. yeares since ; that there is no imaginable comparison betwix : one man with all his accidents of prerogative and absolutenesse , and three nationall churches , and kingdomes : b●tter a king weepe for a childish trifle of a prerogative , than popery be erected ; and three kingdomes be destroyed . lex . rex . quest . 25. 2. the rejoynder saith , that it is dangerous to have many voyd places in parliament , and so a frequent succession of many new members , or to have the chiefe officers civill and millitary put in many new hands , if the persons intrusted be not extraordinary well qualified . 2. answer , this is pleaded directly in the behalfe of those delinquents that have deserted their trust ; for none else are outed the parliament , ( except those that dyed ) and in their places new ones are chosen . and for officers , the parliament choose none ( neither civill or millitary ) but such as they conceive are well qualified ; are such aspersions as these for vindication of the parliaments honour ? 3. he saith that there is nothing in the covenant , that obligeth him to mentaine the law of the land , as well as the person of the king . 3. answer . i conceive that the rejoynder hath not taken the covenant , but let those that have taken the covenant , reade it ; & see what they have sworne . the king cannot but be subject to the coactive power of fundamentall lawes : this is a fundamentall law , that the free estates lay upon the king , that all the power that they give to the king , as king , is for the good and safety of the people ; and so what he doth to the hurt of his subjects he doth it not as king , qui habet potestatem constituendi , etiam & jus adimendi , l. nemo 37. l. 21. de reg jure . is this paper then of his , to maintaine the lawes of the land ? 4. some things the rejoynder refusing to dispute , i shall wave , and come to the next thing he layes hold on , where i finde him traducing the parliament , as if any man may as well tell any notorious , lie , if he do it to assert the votes of parliament ; as mr. chaloner ; or any other member may deliver their opinions ( upon the votes ) in the house . ( and is this for the honour of the parliament ? 5. he saith that the speech without doores ( as he calles mr. chaloners ) houlds forth that the kingdoms are contending , who shall not have the kings person . and that this inferreth by consequence that the parliament either did not wisely , or not uprightly i● voting that the person of the king is to be disposed of as both hou●es shall think fit . 5. answer , when the parliament heard that the king was come to the scots army in england ; they voted their disposall of him , to prevent that harme which might befall his maj. in the army . but afterwards this personall being of the king with the scots begets a nationall dispute of his disposall betweene the kingdomes . the scots claiming a right of coacting with the parliament therein ; yet declaring their opinions that his going into scotland is not the safest ; mr. chaloner ( in his speech ) puts the house in minde of so much of their resolution , as conceiving it usefull to take notice of ; that seeing they approve best of his being in england ; who shall take care for the good of the kingdome , and the safety of his person therein , but the parliament of england , in whom the power is of treating and concluding for the good and safty of the kingdome , though the king be with their army in england , and propound otherwise ; when maccolumbut the 92. king of scotland , would have admitted a treaty to the hurt of that kingdome , the estates of scotland said , non jus esse regi , nisi omnibus ordinibus consentientibus . and robert the 100. in a parliament held at scoone , was told by the estates of scotland , when he would have made a treaty , that he could not judices facere nisi ex sententia conventus publici . 6. the rejoynder recanteth for reporting somwhat spoken by mr. chaloner , in the house , but not printed : confessing it was onely a simple narration . and was not this bravely done of him to asperse the parliament , and traduce their proceedings ? 7. he will not be convinced how it can be , that a king of one kingdome can be a subject in another , except he cease being a king . 7. answer , the king of denmarke , ( being in league with england , ) comes into england , his office , scepter , sword , and all his whole power remaines still in denmarke , though his person be here , he is king of denmarke , but a subject of england ; but this poynt hath been sufficiently cleared already to those that are reasonable men . and for the power of the king in abstracte , and the man in concreto , lex , rex ; is large upon it , in his 29. question . 8. the next thing the rejoynder falles upon , is about commissioners of parliament sent to another state ; who he saith are exempt from the lawes , and iurisdiction of that state where they are commissioners , and all his reason is , that he will acknowledge them neither princes , nor private men . 8. answer . all the world may see , that this is meere sophistrie , and that he useth these querkes , and insinuations to traduce the people . have commissioners no rule to be ordered by in another state ? then they are princes absolute : have they a rule ? then they are not exempt from that rule . is not this a wise statesman to write in vindication of the parliament ? 9. he still denyes that prince charles is at the sole dispose of the state of france , and affirmeth that it is like treason to say that the parliament cannot by their lawfull authority recall him . 9. answer , the rejoynder might tell us how , and by what law , the parliament can controule the state of france in demanding the prince . the parliament is very sensible of the ill consequence of his being there , and would fain have him in england again . and shall this gentleman accuse the parliament that they have a power to recall him and do not , ( and yet pretend to write in the vindication of the honour of the parliament , ) i appeale to all lawyers and statesmen to judge , if this be not false and scandalous . as for the instances of that king in england , as also of embassadors , ( because he waves it , as being somthing convinced ; ) i shall not reply to those things . for that of livius , concerning the embassadors of king tarquinus , and so of actions of states de facto , no wise man will stumble at it , that hath his eyes fixed on what is de jure : for so the case is argued . 10. from mr. chalenors words of the lawyers in england , concerning king john , if they should have yeelded to the french , they knew well enough what would become of the king of england . the rejoynder argues , that in like manner if the parliament of england should justly dispose of our king , they should in so doing dispose of the king of scotland . ans. had king john been personally in normandy , the king of france would not ( probably ) have sent into england about it . but hee was freed from that power by his personall being in england . the person of the king of england is in england . is this for the honour of the parliament , to give them no more relation to their kings person in england , then a king of france hath ? 11. he moves for some overtures ; as the king to come to london , the scots to goe home , and the parliaments army to bee disbanded , or sent into ireland . 11. answer . the parliament out of their great desire to have the king to come and remain with them , sent to his majesty propositions from both kingdomes , and agreed for their pay and marching home . but for the disbanding of the parliaments army , that must be left to the wisdome of the parliament . for so the law , say wise men and the law . argu. l. aliud 160. sect. 1. de jur. reg. l22 . mortuo de fidei . l. 11. 14. ad mum . l. 3. 1. 4. sigonius de rep. judaeorum , l. 6. c. 7. cornelius bertramo , c. 12. junius brutus , vindic. contra tyran , sect. 2. author libelli de iure magistrat . in subd . q. 6. althus politic. c. 18. calvin . instit. l. 4. c. 20. paraeus comment . in rom. peter martyr , in lib. iudic , c. 3. ioan. marianus de reg. l. 1. c. 7. hottoman de iure antiq. regni gallici . l. c. 12. buchanan de iure regni apud scotos . rex . lex . quaest. 21. 12. and for that argument which he would have disputed , whether the scots are bound to maintain the kings person if the parlement should wrong his person , i conceive it needlesse to argue it , there being no feare of any such danger . 12. answer . but do such positions tend to the vindication of the parliment ; if this rejoynder be not an incendiary , i know none . yet give me leave in this to vindicate our brethren , who have declared as followeth . declared by the generall assembly of scotland capitulations , and protections , howsoever accoun●ed of by those who walk after the wisdom of the flesh , are destructive to our covenant , almost in all the heads , and articles thereof : they tend unto the corrupting of religion in this land , and obstructing the worke of reformation in england , unto the countenancing , and strengthening of the popish and prelaticall party , unto the subversion of the due rights and priviledges of the parliaments , and diminishing of his majesties just greatnesse , and authority , unto the withdrawing of incendiaries , and malignants from condigne punishment , unto the overthrow of the union betwixt the kingdomes , unto the deserting of our brethren , folloing of divisive motions , and denying to hazard or susser the losse either of lives , or estates in the defence of the cause , and them that adhere there unto . we see not any strength of reason in that seeming necessity , unto which many pretend themselves to have been redacted : if men could not have retired from the fury and violence of the enemy , or had not some probable way of resistance and defence against the same , they should have taken it as an evidence of the will of god , calling them to suffer , and give a testimony unto his truth . our covenant doth no lesse oblige us to suffering , then to doing ; and it is the ignorance or ineff●ctual consideration of our duty that makes us thus to wipe our mouths , as if we had done nothing worthy of rebuke : n●ither yet doth it excuse , that some were not active to obtain pro●ections , the receving of them was to prostitute the chastity of that affection which we owe unto the cause of god , and could be no better then a bribe that blinds the eyes of the wife , and hinders from doing judgment unto the afflicted . the deep apprehension of their souls danger , moves us seriously , and in the bowels of jesus christ , to intreat all temporizers , and back-sliders to remember whence they are fallen , and to repent : let it not be a light thing unto such , that they have despised the oath of god , undervalued the pretious truth of the gospel , and drawn upon themselves the guilt of their brethrens blood , by forsaking them in their just defence . if the due sense of their sin shall bring them to lament after the lord , they may hope to finde him gracious , and mercifull , to forgive their iniquity , and heal their back-slidings : but if they shall harden themselves , and continue in their provocation ; they have cause of fear , that the lord of hosts shall avenge the quarrell of his covenant upon them who have sworn falsely by his name . yet is it not that those alone have cause to mourn ; all the land have done foolishly , and provoked the holy one of israel unto wrath : the lord hath been glori●us in the midst of us ; but who hath regarded his work or considered the opera●ion of his hands ? though he hath been liberall in the offer of his love , yet few have beleeved the gospel , and studied to walk worthy of the same : jesus christ hath neither been known nor honoured ; who hath valued him in the excellency of his person , or employed him in the vertue of his offices ? holy duties have been neglected , piety , and godlinesse reproached : is there not cause to lament for the atheisme , ignorance of god , blaspheming of his name , swearing by them that are no gods , intemperancy , uncleannesse , deceit and oppression that prevailes too too apparently amongst many ? and should not our eyes run down with tears , because of jealousies , self-seeking , and obstructing of justice amongst our judges ? because of rioting , and excesse , spoiling and oppressing amongst our souldiers ? because of negligence , and prophanity amongst ministers ? because of murmurings , and grudgings , deep security , carnall confidence , neutrality , and luke warmnesse almost amongst all ? the covenant which hath been attended by a stately worke of more then ordinary providence , and sealed with many rich , and pre●ious blessings from heaven , is by many undervalued , and set at naught ; nay , by some blasphemed , as an accursed , and unholy thing . because of those things , thousands have fallen by the sword , and ten thousands by the pestilence : our high-wayes are desolate , and our cities left without inhabitants , the like hath not bin heard in our dayes , nor in the dayes of our fathers : and yet the wrath of the lord is not turned away , but his hand is stretched out still . oh that men were wise to hear the voice of the rod , and who hath appointed it : shall we continue to tempt the most high , and strive with our maker , untill he make an end of us ? let us confesse our iniquity , and be humbled for our sin ; let us sowe to our selves in righteousnesse , and reap in mercy ; let us break up our fallow ground , for it is time to seek the lord , untill he come and rain righteousnesse upon us . we cannot but from the sense of those judgements that lies heavy upon the land , and from that wrath that still threatens us , warn every man to repent , and set on to duty . let rulers and judges do judgement , and execute justice without respect of persons : let officers and souldiers live soberly , do violence to no man , and more minde the cause of god then their own advantage : let pastors feed the flock of christ in love , bee zealous in advancing the work of reformation , and purging of the house of god : and let every one in his station , mind those things whereunto the lord hath called him . though we be afflicted and sore broken , yet if we return unto the lord , he will have mercy on us , and heale us : hath he not already begun to raise us up ? it is a mercy worthy to be had in everlasting remembrance , that in the day of the power and pride of our cruell and insolent enemies , the lord should shew himselfe glorious and mighty , to give victory and salvation to his people , when our hopes were neer gone . we were in a low condition , not only at the weakest , but even at the worst , under the guilt of many provocations , repining against the lord , and hasting to the paths of the destroyer : yet the preserver of men had regard unto us , to keep us from destruction , and to ease and avenge us of many of our adversaries , whose carcasses he made as dung on the earth in the day of his fury & indignation . if after so great a mercy , any should be found amongst us to turn away from the lord , and again to submit unto , or comply with the enemies of his truth , they could not but sin against their own souls , and provoke the eyes of his glory untill there were no remedy . we beseech all the lords people throughout the land , nay we charge them before god ; and the lord jesus christ who shall judge the quick and the dead , to hold fast the truth in love , to have regard to the glory of the son of god , the excellency of the gospel , the sacred and inviolable bond of the covenant , the beauty of the work of reformation , and the worth of a good conscience above all earthly losses and advantages ; and from the due sense and apprehension of those things , to arm themselves with strong resolutions against all the degrees of back-sliding , or complying with the enemy . : that they bee no mo●e as reeds shaken with the wind ; but they may give a proofe of their faith , patience , and courage , in the midst of all the difficulties and straits which they shall meet with . every one who knowes the lord , will cleave to their duty , and wait for his salvation : he is faithfull , and will not suffer us to be tēpted above that we are able , but wil with the temptation also make a way to escape , that we may be able to bear it . the rod of the wicked shal not rest too long upon the lot of the righteous . but when the lord hath performed his whole work upon mount zion , and upon ierusalem ; he will punish the fruit of the stout heart of the proud enemy , and bring down the glory of his high looks . then shall all the haters of zion be astonished and confounded , but the lords people shall be glad and rejoyce in his salvation . a. ker. finis . a letter from a parliament man to his friend, concerning the proceedings of the house of commons this last sessions, begun the 13th of october, 1675 shaftesbury, anthony ashley cooper, earl of, 1621-1683. 1675 approx. 16 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-12 (eebo-tcp phase 1). a59474 wing s2896 estc r228447 13024286 ocm 13024286 96666 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a59474) transcribed from: (early english books online ; image set 96666) images scanned from microfilm: (early english books, 1641-1700 ; 400:8) a letter from a parliament man to his friend, concerning the proceedings of the house of commons this last sessions, begun the 13th of october, 1675 shaftesbury, anthony ashley cooper, earl of, 1621-1683. [3], 7 p. s.n.,] [london : 1675. attributed to the earl of shaftesbury. cf. nuc pre-1956. signed: t.e. place of publication from wing. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. -house of commons. great britain -politics and government -1660-1688. 2005-01 tcp assigned for keying and markup 2005-01 aptara keyed and coded from proquest page images 2005-06 judith siefring sampled and proofread 2005-06 judith siefring text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion a letter from a parliament man to his friend , concerning the proceedings of the house of commons this last sessions , begun the 13th of october , 1675. printed in the year , 1675. a letter from a parliament man to his friend , concerning the proceedings of the house of commons this last session , &c. sir , i see you are greatly scandalized at our slow and confused proceedings . i confess you have cause enough , but were you but within these walls for one half day , and saw the strange make and complexion that this house is of , you would wonder as much that ever you wondred at it : for we are such a pied parliament , that none can say of what colour we are ; for we consist of old cavaliers , old round-haeads , indigent courtiers , and true country gentlemen ; the two latter are most numerous , and would in probability bring things to some issue , were they not clogged with the humerous uncertainties of the former . for the old cavalier grown aged , and almost past his vice , is damnable godly , and makes his doating piety more a plague to the world , than his youthful debauchery was : for he is so much a by got to the bishops , that he forces his loyalty to strike sail to his religion , and could be content to pare the nails a little of the civil government , so you would but let him sharpen the ecclesiastical tallons ; which behaviour of his so exasperates the round-head , that he on the other hand cares not what increases the interest of the crown receives , so he can but diminish that of the miter : so that the round-head had rather enslave the man , than the conscience ; the cavalier rather the conscience than the man , there being a sufficient stock of animosity as proper matter to work upon . upon these therefore the courtier mutually plays : for if any anticourt motion be made , he gains the round-head either to oppose or absent , by telling them , if they will joyn him now , he will joyn with them for liberty of conscience . and when any affair is started on the behalf of the countrey , he assures the cavaliers , if they will then stand by him , he will then joyn with them in promoting a bill against the fanatiques . thus play they on both hands , that no motion of a publick nature is made , but they win upon the one or other of them ; and by this art gain a majority against the country gentlemen , which otherwise they would never have : wherefore it were happy that we had neither round-head , nor cavalier in the house ; for they are each of them so prejudicate against the other , that their sitting here signifies nothing but their fostering their old venome , and lying at catch to snap every advantage to bear down each other , though it be in the destruction of their countrey . for if the round-heads bring in a good bill , the old cavalier opposes it ; for no other reason , but because they brought it in . so that as the poor english silk-weavers , are feign to hire a french-man to sell their ribbons : so are the round-heads a cavalier , to move for those bills they desire should pass ; which so sowers the round-head , that he revenges that carriage upon any bill the cavalier offers ; and the rage and passion of the one and other , are so powerful , that it blinds them both , that neither perceives the advantage they give the courtier , to abuse both them and their countrey too : so that if either of them do any good , it is only out of pure envy against the other . thus you see how we are yoaked , and seeing this , you may cease your admiration that we offer at all , and do just nothing . nor is this division alone of the house all we have to lament ( for death , that common cure , does now every day lessen this evil ) but that which is more our misery , is , that those gentlemen who are truly for the good of their country , will not be perswaded to stand upon the sure basis of rational principles ( like workmen too presumptive of their judgments that will not build by rule ) but rather affect the most loose standing on the sandy foundation of heat and humour : by reason of which they often do as much harm as good , and yet perceive it not ; this is the sore evil we are under . for i would not doubt the countries carrying it from the court in every vote , let the courtiers use all the art they could , would the country gentlemen but give themselves the trouble to enform their understandings a little , and not suffer themselves to be hurried by a heedless inadvertency into vulgar notions . which , if well examined , are directly contrary to their honest intentions ; for lack of which they totally mistake their interest , fall foul on their friends , support their enemies , and carry on the designs of the court , whilst they aim at the service of their countrey . for if they would take the pains but to think what is the greatest enemy in the world , that english law and liberty always had , still hath , and ever must have ; it may be the result of such a thought would say , it was encroaching prerogative . well , if then they would but beg from themselves but so much seriousness , as to think this second thought , to check this prerogative , which is so dangerous an enemy to our laws and liberties , peradventure that thought would answer , in suppressing all they could its creatures and dependants , and supporting such , whose interest it is to keep prerogative within its just bounds . now could they be prevail'd with but to think a third thought , it would land them at the full and satisfactory solution of the question , and will hold in every thing . but i will put it in a case wherein we are most apt to err , and wherein we reckon it no less than piety to play the fool , to the end you may see how miserably we are cheated and abused , by sucking in the untried notions that education , the arts of others , or our own ignorance have imposed upon us . the third thought therefore shall be this : which are most the creatures and supporters of boundless prerogative , prelates , or dissenting protestants ? the answer to which must , and can be no otherwise , the prelates . well then , if we would now reduce this to practice , and say , the greatest friends to prerogative are the prelates , the greatest enemies to our laws and liberties is prerogative . the only way therefore to restrain prerogative , is to do , what ? to fortifie and strengthen the yoke of the prelates over the neck of the people ? no : ( surely this were an odd and a barbarous kind of reasoning ) but to give liberty to dissenting protestants , as the best means to keep up the ballance against boundless prerogative . for these must and never can be otherwise ( unless by accident , and by mistake ) than friends to liberty : but the prelates neither are nor can be otherwise than creatures to prerogative , for all their promotions , dignities , and domination depends upon it . the same might be said concerning the only antient and true strength of the nation , the legal militia , and a standing army . the militia must , and can never be otherwise than for english liberty , 'cause else it doth destroy it self ; but a standing force can be for nothing but prerogative , by whom it hath its idle living and subsistance . i could instance also in many other particulars , but our inadvertency in this , is demonstration enough how much we are cheated by the common and hackney notions imposed upon us ; and this is almost the cause of all the error we commit . for missing our true footing , you see we have run in the mistaken notion of being for the church so long , till we have almost destroyed the state , and advanced prerogative so much by suppressing nonconformity , that it 's well nigh beyond our reach or power to put check to it ; and had not time , and but an indifferent observation , shewed us how much we were abused in this matter : and that a lay-conformist and a fanatique can live as quietly and neighbourly together ( would the prelates but suffer them ) as any in the world , we had ruined our selves past all recovery . for by our bouying up the bishops in their harsh and irreconcileable spirit , in stead of healing , we have so fed and nourished the discontents throughout the kingdom , that i think nothing keeps the fire from flaming out afresh in another intestine war but the bare circumstance of opportunity only ; and how long that will be able to restrain passions that are made wild by oppression , is worthy a very serious consideration ; and therefore there is hardly any thing more a wonder to wise men , than to see the clergie run at this rate upon the dissenters : wherefore since the nonconformists have given so large and ample a testimony of their willingness to live peaceably , if yet notwithstanding the clergie will not suffer them to be quiet in their families and their houses , i doubt , they may at one time or other , drive them into the field , and then it may exceed their divine art to conjure them down again ; for he sees but little , that sees not the english temper is better to be led than driven . and therefore i think it would not be more a vanity , to compel the ladies to wear queen elizabeths ruff , than to force the nonconformists to be drest in her religion . nor yet are these all the arts we are under : for we have a gang that huff , and bear themselves high on the countrey side , but earn only for the court ; these lay out their craft in putting the house upon little trifling things , and spend and waste the mettle thereof , upon such pittiful pickadilloes , as 't is next to a shame for an english parliament so much as to mention . these start a fierce dispute about some little matter , and keep a bluster as if none were such faithful patriots as they , when they do it on purpose only to while out the time , and thin the house , by tiring the honest country gentry in so tedious , fruitless , and trifling attendance . do but move things worthy a parliament ; as that we may have our old known rights of annual parliaments ascertained : that none that are or shall be bribed by any place or office , shall ever sit in this house : that parliament ought not to be prorogued , adjourned , or dissolved , till all petitions are heard , and the aggrievances of the people redressed ; with many things more of as great importance ; o then , forsooth , their pretended loyalty ( which in plain english is easily understood ) will not abide such unmannerly and clownish debates as these , and twenty such little shreds of non-sense are impertinently urged in stead of argument . but further , these country-court engines , after they have taken the measures of the house , at the opening of every session , by our thanks for the gracious speech , which being the true pulse of the house ; if it happen to come so hard as speaks us but saint and cool to the one thing necessary , ( the matter of money ) then they know what will follow , that the court will get no grist that sessions ; and though the court in indignation could turn them home on the morrow , yet it must consult its reputation a little , restrain its resentments , and suffer them to sit about a six weeks , or two months , and then they assure the court , since they can get no good by them , they shall take no harm ; and therefore to stop them from some worthy undertaking , they by their feigned zeal against court-corruptions , put them upon impeaching some treasurer , councellor , or minister of state ; and having spent half our time about this , the rest is spent for the clergie upon church-work , which we have been so often put upon and tired with these many sessions : though partiality unbecomes a parliament , who ought to lay the whole body that we represent a like easie , nonconformists , as well as conformists , for we were chosen by both , and with that intention that we should oppress neither . to lay one part therefore of the body on a pillow , and the other on a rack , sorts our wisdom little , but our justice-worse . you now see all our shapes , save only the indigents , concerning whom i need say but little , for their votes are publickly saleable for a guiny , and a dinner every day in the week , unless the house be upon money or a minister of state : for that is their harvest , and then they make their earnings suit the work they are about , which inclines them most constantly as sure clyants to the court. for what with gaining the one and saving the other , they now and then adventure a vote on the countrey side ; but the dread of dissolution makes them strait tack about . the only thing we are obliged to them for , is , that they do nothing gratis , but make every tax as well chargeable to the court , as burthensome to the countrey , and save no mans neck , but they break his purse . and yet when all is said , did but the country gentry rightly understand the interest of liberty , let the courtiers and indigents do what they could , they might yet at last deserve the name of a worthy english parliament ; which that we may do , is not more passionately your desire , than it also is of , sir , your most humble servant . t. e finis . the finall protest, and sence of the citie this text is an enriched version of the tcp digital transcription a47853 of text r217624 in the english short title catalog (wing l1247c). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a47853 wing l1247c estc r217624 99829282 99829282 33719 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a47853) transcribed from: (early english books online ; image set 33719) images scanned from microfilm: (early english books, 1641-1700 ; 1992:1) the finall protest, and sence of the citie l'estrange, roger, sir, 1616-1704, attributed name. 1 sheet ([1] p.) s.n., [london : 1659] by sir roger l'estrange. a protest against the domination of the army. imprint from wing. published the same year with title: the final protest, and sense of the citie. reproduction of the original in the harvard university library. eng england and wales. -committee of safety -early works to 1800. england and wales. -army -early works to 1800. great britain -history -charles ii, 1660-1685 -early works to 1800. london (england) -history -17th century. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. a47853 r217624 (wing l1247c). civilwar no the finall protest, and sence of the citie. [no entry] 1659 1134 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2003-11 tcp assigned for keying and markup 2003-11 aptara keyed and coded from proquest page images 2003-12 judith siefring sampled and proofread 2003-12 judith siefring text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion the finall protest , and sence of the citie . having diligently perused two printed papers , bearing date the 14th of this instant december : the one , in form of a proclamation concerning the summoning of a parliament : the other , as an order of the common-councell , commanding the city to acquiesce in expectation of that parliament : we finde therein contained , matters so contrary to the honour of the nation , and to the freedom of the city , that we stand obliged , both as englishmen , and as citizens , to protest , against the impositions of the former , as illegal , and the concessions of the latter , as a direct combination against us . these two papers are seconded by a third : ( for the two are one , both in effect , and design , ) and that is , a proclamation of banishment , directing to the late kings party , under the notion of the common enemy ; so that there 's no love lost betwixt the committee of safety , and the common council , when the general provides for the peace of the city ; and the mayor , for the safety of the army , not to argue acts of oblivion ; and the violation of publique faith in the case : that they conditioned for their lives and liberties , and compounded for their fortunes . this is not our concern , what they do suffer ; but what we may , if we trust those , that keep no faith with them : and that we 'll take a care of : when they are gone , then we are the common enemy ; so are the laws of god , and of the nation , and such is every man that loves them . what this malignant party is , these people talk of , we neither know , nor meddle ; the gentry 't is we live by , and by the laws of gratitude , and hospitality , we are bound to protect them , and as well resolved to do it , within our walls , against any other power , than that of the known law . the short of the design is this , a danger is pretended to the city , from the late kings party , and to prevent the mischief , the kind committee banishes the gentlemen ; with order to the mayor of wallingford , ( late of london ) &c. — to make strict searches for delinquents . now in pursuance of this pretious order , our houses must be forced , and we disarmed , and then , our throats cut , to preserve the city . let those that would be chronicled for slaves , and fools , submit to suffer this ; and after that infamous hour , may a yellow coat , and a wooden dagger be the badge , and distinction of a citizen . to conclude , we our selves are that city , so much the care and cry of the proclamation ; and this is our vnanimous sence , and resolve . the army proposes to pillage , and murther us , the mayor , and his worthy advisers , ireton , &c. — are to hold our hands , whiles they give the blow , so , that we are now to provide against force and treason , having one enemy within our walls , and another in our councils . but withal , we have our swords in our hands , and our brains in our heads ; so that only to strike the one , and to dis-believe the other , is to subdue and disappoint them both . we do therefore declare to the world , that we will by violence oppose all violence whatsoever , which is not warranted by the letter of the established law : and that in pursuance of this duty , both toward the nation , and city , an insolent souldier , and an apostatized magistrate shall be to us as the same thing . — not to word it much further , as we will not be bafled , by affronts , so neither will we be fooled by flatteries . — after the loss of trade , and liberty , a vast expence of blood , and treasure , after many injuries received , more threatned , and none returned ; we made a sober , and regular application , to the authority of the city , for redress . this they promised , and we expected , till at last , instead of a reparation for past wrongs , or a security against worse to come , we are paid with an expectation of a parliament in ianuary . this is is a logique we understand not . it is in english , lye still , till you have your throats cut . it would be well to commit the disposition of our fortunes , to those people , that are at this instant designing an execution upon our persons , and to requite those worthies , that have already robb'd vs of all we have lost , with the offer of that little rest they have left . but this will not do our businesse ; we will not have our murtherers , for our iudges : not will we wait . that parliament they babble of so much , will not soon vote up the city again out of ashes , nor all the saints in that holy assembly , be able to bring the poor cobler into the world again , that was kill'd by order of his brother hewson . no , the cheat is too stale , and we are determined to redeem our selves ; but with this caution ; we do solemnly profess , that we will exercise all the tendernesse which possibly the case will bear . the common souldier is engaged rather out of a heedlesse , than malitious interest : we do therefore protest , that such of those as shall not evidence their malice , by their obstinacy , shall receive a fair consideration ; but , for such as lead them , we do resolve , not to allow quarter to any one of them , that draws his sword in the quarrel : and in order to the quicker , and gentler dispatch of the businesse : we conclude with a text . fight neither with small nor great , but with the king of israel . and so god give a blessing to the endeavours of all honest men . 8. septembr. 1645. an ordinance of the lords and commons assembled in parliament, for taking away the fifth part of delinquent estates formerly granted by an ordinance of parliament for maintaining of the vvives and children of delinquents. england and wales. parliament. this text is an enriched version of the tcp digital transcription a83141 of text r212254 in the english short title catalog (thomason 669.f.9[44]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83141 wing e1931 thomason 669.f.9[44] estc r212254 99870895 99870895 161142 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83141) transcribed from: (early english books online ; image set 161142) images scanned from microfilm: (thomason tracts ; 245:669f9[44]) 8. septembr. 1645. an ordinance of the lords and commons assembled in parliament, for taking away the fifth part of delinquent estates formerly granted by an ordinance of parliament for maintaining of the vvives and children of delinquents. england and wales. parliament. 1 sheet ([1] p.) printed for edward husband, printer to the honorable house of commons, london : septemb. 11. 1645. signed: h:elsynge, cler. parl. d. com. reproduction of the original in the british library. eng england and wales. -parliament. -committee for sequestration of delinquents' estates -early works to 1800. estates (law) -england -early works to 1800. attachment and garnishment -england -early works to 1800. great britain -history -civil war, 1642-1649 -confiscations and contributions -early works to 1800. a83141 r212254 (thomason 669.f.9[44]). civilwar no 8. septembr. 1645. an ordinance of the lords and commons assembled in parliament, for taking away the fifth part of delinquent estates, form england and wales. parliament. 1645 402 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 emma (leeson) huber sampled and proofread 2007-11 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion 8. septembr . 1645. an ordinance of the lords and commons assembled in parliament , for taking away the fifth part of delinquents estates , formerly granted by an ordinance of parliament for maintaining of the vvives and children of delinquents . whereas by a late ordinance of sequestration it is amongst other things declared and ordained , that the committees of the severall counties shall have power to assign maintenance out of the lands of delinquents , to their severall wives and children , so as the same exceed not the fifth part of the lands or goods so sequestred : and whereas by occasion hereof , divers wives and children of delinquents may resort hither , onely to obtain the said fifth part , and may be ready to do ill offices to the parliament ; the lords and commons , to prevent the said mischief , and other of like nature , do ordain , that no wife , childe or children of any delinquent , who shall come from their own habitation into the parliament quarters , with or without their fathers or husbands , from the kings quarters , shall have , hold and injoy any fifth part by the said ordinance : and therefore they do ordain , that all such allowances hereafter to be made to such wife or children , shall be utterly void . and if any such wife , childe or children shall return from the kings quarters , without leave of both houses : the deputy-lieutenants and committees of parliament in the severall counties , or any two of them , or any of them , are hereby authorised and required to take care , that they be commanded to return back into the kings quarters ; and if they shall not return , upon command given to them by the deputy-lieutenants or committee , or any two of them , they shall hereby have power to commit them , untill they shall give security for to return . and be it further ordained , that no children of any delinquents shall have any fifth part , but such as shall be educated and brought up in the protestant religion . h : elsynge , cler. parl. d. com. london : printed for edward husband , printer to the honorable house of commons . septemb. 11. 1645. by the king and queen, a declaration william r. england and wales. sovereign (1689-1694 : william and mary) 1689 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a66234 wing w2500 estc r22876 12490932 ocm 12490932 62381 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a66234) transcribed from: (early english books online ; image set 62381) images scanned from microfilm: (early english books, 1641-1700 ; 951:40) by the king and queen, a declaration william r. england and wales. sovereign (1689-1694 : william and mary) william iii, king of england, 1650-1702. mary ii, queen of england, 1662-1694. 1 sheet ([1] p.) printed by charles bill and thomas newcomb ..., london : 1689. reproduction of original in huntington library. broadside. at end of text: given at our court at hampton-court the fourth day of april, 1689. assures english soldiers serving in the netherlands of receiving english pay. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -army. broadsides 2008-02 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion by the king and queen , a declaration . william r. whereas false and seditious rumours are spread abroad by persons disaffected to our service , that such of our forces as are or shall be sent into the low-countreys , shall from the time of their arrival there , be no longer continued on the english establishment , and receive no other pay then the dutch , or other foreigners of the same quality , in those parts ; for the preventing the ill effects of such false suggestions , we do hereby declare , 〈◊〉 all such forces within our present pay and entertainment , as are 〈…〉 sent to the low-countreys , or any parts beyond the seas , shall be alway● 〈…〉 our english pay , and upon the english establishment , as fully to all 〈◊〉 and purposes as any other regiment of our subjects , of the same quality , remaining within our kingdom of england . given at our court at hampton-court the fourth day of april , 1689. in the first year of our reign . god save the king and queen . london , printed by charles bill and thomas newcomb , printers to the king and queen's most excellent majesties . 1689. samuel vassall of london, esq; vassall, samuel, 1586-1667. this text is an enriched version of the tcp digital transcription a95819 of text r207684 in the english short title catalog (thomason e934_5). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a95819 wing v115 thomason e934_5 estc r207684 99866722 99866722 119006 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a95819) transcribed from: (early english books online ; image set 119006) images scanned from microfilm: (thomason tracts ; 140:e934[5]) samuel vassall of london, esq; vassall, samuel, 1586-1667. 1 sheet ([1] p.) s.n., [london : 1658] caption title. place of publication and suggested imprint date from wing. annotation on thomason copy: "january". reproduction of the original in the british library. eng vassall, samuel, 1586-1667. england and wales. -parliament -early works to 1800. debt -england -early works to 1800. a95819 r207684 (thomason e934_5). civilwar no samuel vassall of london, esq;: vassall, samuel 1658 377 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2007-07 robyn anspach sampled and proofread 2007-07 robyn anspach text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion samuel vassall of london , esq ; humbly desires your honours to commiserate his sad condition , who for want of his just debt due to him from this common-wealth , formerly placed upon the excise , is like to perish . this honourable house on the 15 of may last , recommended as their desires to his highnesse the lord protector , that care might be taken for the speedy payment of the said debt , being 2591 l. 17 s. 6 d. principall , with the use thereof , which doth amount unto 4251 l. as by auditors account given to his highnesse honourable councell appears , and his highnesse recommended the same to his honourable councell , that care be taken that the parliaments desires might be satisfied , and on the 26 of may , their honours did order one thousand pounds to be paid out of the excise office , which he received : but ever since that time , he hath waited at the door of the honourable councell , but had no other answer but they knew not where to place it : so for want of the said money his credit is much impaired , which is more dear then life to him , and his posterity like to be destroyed , if he finde not some speedy relief from this honourable house ; for his creditors prosecute him now with more violence , seeing their hopes frustrate , in not receiving that money which they hoped for : wherefore he humbly desires your honours favourable assistance that mr. fowel may be heard , who is to report to the honourable house the conclusion of the honourable committee appointed for his businesse , and that he may receive some speedy rerelief , that he may not lose his liberty with his credit , and see his posterity ruined before his face , which will be as a double death , and so bring his gray hairs with sorrow to the grave ; but he is confident of the honour and justice of this honourable house , that they will never suffer him and his posterity to perish , who hath done and suffered so much for their sakes . a true and exact relation of the most remarkable passages, which have happened at warwicke and banbury since my lord of northamptons taking away the ordnance from banbury castle. sent in a letter from a gentleman of good worth, to his sonne in burchen-lane, london. which gentleman hath been in all the oppositions to the earle of northamptons proceedings. likewise, a declaration by the lords and commons in parliament, that all such persons upon any pretence whatsoever, that shall assist his majesty, with horse, arms, plate or money, are traytors to the king, parliament, and kingdom, and shall be brought to condigne punishment for the same. ordered by the lords and commons in parliament, that this declaration be forthwith printed and published. hen. elsynge, cler. parl. d. com. golbee, john. this text is an enriched version of the tcp digital transcription a85335 of text r22166 in the english short title catalog (thomason e113_1). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a85335 wing g1008 thomason e113_1 estc r22166 99871632 99871632 124044 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a85335) transcribed from: (early english books online ; image set 124044) images scanned from microfilm: (thomason tracts ; 20:e113[1]) a true and exact relation of the most remarkable passages, which have happened at warwicke and banbury since my lord of northamptons taking away the ordnance from banbury castle. sent in a letter from a gentleman of good worth, to his sonne in burchen-lane, london. which gentleman hath been in all the oppositions to the earle of northamptons proceedings. likewise, a declaration by the lords and commons in parliament, that all such persons upon any pretence whatsoever, that shall assist his majesty, with horse, arms, plate or money, are traytors to the king, parliament, and kingdom, and shall be brought to condigne punishment for the same. ordered by the lords and commons in parliament, that this declaration be forthwith printed and published. hen. elsynge, cler. parl. d. com. golbee, john. england and wales. parliament. 7, [1] p. printed by t.p. and m.s. for john hancocke in burchen-lane, london : august the 20. 1642. the relation signed: iohn golbee. reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a85335 r22166 (thomason e113_1). civilwar no a true and exact relation of the most remarkable passages, which have happened at warwicke and banbury since my lord of northamptons taking golbee, john. 1642 988 3 0 0 0 0 0 30 c the rate of 30 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-08 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2007-09 elspeth healey sampled and proofread 2007-09 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a true and exact relation of the most remarkable passages , which have happened at warwicke and banbury since my lord of northamptons taking away the ordnance from banbury castle . sent in a letter from a gentleman of good worth , to his sonne in burchen-lane , london . which gentleman hath been in all the oppositions to the earle of northamptons proceedings . likewise , a declaration by the lords and commons in parliament , that all such persons upon any pretence whatsoever , that shall assist his majesty , with horse , arms , plate or money , are traytors to the king , parliament , and kingdom , and shall be brought to condigne punishment for the same . ordered by the lords and commons in parliament , that this declaration be forthwith printed and published . hen. elsynge , cler. parl. d. com. london : printed by t. p. and m. s. for john hancocke in bnrchen-lane , august the 20. 1642. a credible relation . sonne , after my love remembred , these are to let you understand , that after my lord of northamptons bringing the ordnance from banbury castle , where coming to warwicke to besiege the castle and magazine there , where hee hath not onely received losse of some of his men , but hath lost by the bullet of a musket part of his lip , which hath affrighted him to oppose the castle any farther , and as this day he purposes to returne for banbury , hoping to speed as well as he did before ; but the countrey is fully resolved to crosse his expectation ; two dayes since he discharged a piece of ordnance against the castle , which the ordnance breaking , killed the cannoneere ; sir edw●●d peto debutie-lievtenant of the castle to gratifie his salutation , returned a piece of ordnance , and brake downe a pinnacle of the tower of saint maryes church , upon which the ordnance was planted : presently after this accident a butcher carrying a shoulder of mutton in his hand , going over the bridge , in the sight of the castle , held it up in derision , and cryed , here is meate for the round-heads in the castle : vvhereupon a musket was discharged out of the castle , and gave him thankes for his offer , with the depriving him of his life at the same instant ; which may be a warning to all other scandalous tongues . on thursday last they assaulted banbury againe with two hundred horse and foote , but through gods assistance they beate them off ; they looked for another onset on saturday last ; there is as yet no ayde come from london into these parts ; wee daily expect them ; wee stand continually upon our guard ; keeping a strong vvatch night and day ; and well disposed people with us are gone to banbury , resolving rather to die than to loose the armes of the towne to the cavaliers . now we have a commission to shoot , which before wee durst not ; for the cavaliers sweare they will possesse themselves of banbury castle againe , because they cannot get warwicke , but we hope so soone as the armie comes downe to deale well enough with them ; for behinde them from coventry , brimigam , and auston , we heare of 1400. gathered together , who have taken a loade of ammunition from them , and sent it to coventry ; vvee hope for helpe to morrow ; they lie all up and downe the countrey , pillaging in the little townes ; they steale horse , cowes , sheepe , cloathes , and victualls , and all the armes they can finde out ; but if the armie come , wee hope to hem them about , though they have some great persons with them , as the lord compton , mr wilmote , mr walter pope , and mr chamberlaine , that ayde them with horse and ammunition : vvee expect helpe from northampton , for there are gathered together of the trained bands of the countrey and volunteers , about 1500 , or 1600. they take a good course to traine them at northampton ; and we heare that there they have all shut up their shops , and stand upon their guard . the lord bring a happy end to these great differences , and unite the king and parliament , that we may not onely enjoy our lives and estates , but which is greater , our religion , lawes , and liberties , all which lie at the stake . thus till the next opportunitie , i rest , your loving father , iohn gols●●e . a declation of the lords and commons assembled in parliament . whereas the king , seduced by wicked counsell ; doth make war against his parliament and people ; and for the promoting of that warre , divers fo●ces both of horse and foot , have been levyed and are raised by severall persons , and his maiesties good subjects are most cruelly robbed , spoyled and slain . to the end that no man may be misled through ignorance , the lords and commons in parliament declare , that all such persons as shall , upon any pretence whatsoever , assist his maiestie in this war , with horse , arms , plate or money , are traytors to his maiestie , the parliament , and the kingdome , and shall be brought to condign punishment for so high an offence . ordered by the lords and commons in parliament , that this declaration be forthwith printed and published . hen. elsynge , cler. parl d. com. finis . a declaration of the lords and commons assembled in parliament. die veneris, 15. decemb. 1648. england and wales. parliament. this text is an enriched version of the tcp digital transcription a82623 of text r211101 in the english short title catalog (thomason 669.f.13[56]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a82623 wing e1353 thomason 669.f.13[56] estc r211101 99869839 99869839 162952 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a82623) transcribed from: (early english books online ; image set 162952) images scanned from microfilm: (thomason tracts ; 246:669f13[56]) a declaration of the lords and commons assembled in parliament. die veneris, 15. decemb. 1648. england and wales. parliament. 1 sheet ([1] p.) printed for john wright, at the kings-head in the old-bayley, london : 1648. taking into consideration a printed paper, 'a solemne protestation of the imprisoned and secluded members, &c.' wherein amongst other things is declared that all acts, ordinances, etc. made since the first of this instant december, and made during their restraint, are no way obligatory, the lords and commons declare that the said printed paper is false, scandalous, and seditious, and tending to destroy the visible and fundamental government of this kingdome; and do order the said paper to be suppressed -cf. steele. order to print signed: joh. brown cler. parliamentorum. reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. a solemn protestation of the imprisoned and secluded members of the commons house -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a82623 r211101 (thomason 669.f.13[56]). civilwar no a declaration of the lords and commons assembled in parliament. die veneris, 15. decemb. 1648. england and wales. parliament. 1648 363 1 0 0 0 0 0 28 c the rate of 28 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 mona logarbo sampled and proofread 2007-11 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament . die veneris , 15. decemb. 1648. the lords and commons assembled in parliament , taking into their consideration , a printed paper , intituled , ( a solemne protestation of the imprisoned and secluded members , &c. ) wherein amongst other things it is declared ( that all acts , ordinances , votes ▪ and proceedings of the house of commons , made since the sixt of this instant december , or hereafter to be made during their restraint , and forceable seclusion from the house , and the continuance of the armies force upon it , are no way obligatory , but void , and null , to all intents and purposes . ) the said lords and commons doe thereupon judge and declare the said printed paper to be false , scandalous , and seditious , and tending to destroy the visible and fundamentall government of this kindome ; and doe therefore order and ordaine the said printed paper to be supressed : and that all persons whatsoever , that have had any hand in , or given consent unto the contriving , framing , printing , or publishing thereof , shall be adjudged , and hereby are adjudged uncapable to beare any office , or have any place of trust , or authority in this kingdome , or to sit as members of either house of parliament . and doe further order and ordaine , that every member of either house respectively now absent , upon his first comming to sit in that house whereof he is a member , for the manifestation of his innocency , shall disavow and disclaime his having had any hand in , or given consent unto the contriving , framing , printing , or publishing of the said paper , or the matter therein contained . die veneris , 15. decemb. 1648. ordered by the lords assembled in parliament , that this declaration be forthwith printed , and published . joh. brown cler. parliamentorum . london printed for john wright , at the kings head in the old-bayley , 1648. the proposalls delivered to the earl of nottingham, and the rest of the commissioners of parliament, residing with the army, from his excellency sir thomas fairfax, and the army resolved upon at a generall councell of warre held at reading july 17, 1647 : with a message sent by the lord wharton to the parliament : and a letter to the lord mayor, aldermen, and common councell, concerning the disposall of the militia of london into the former hands. england and wales. army. this text is an enriched version of the tcp digital transcription a40493 of text r22046 in the english short title catalog (wing f221a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 11 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a40493 wing f221a estc r22046 12298762 ocm 12298762 59119 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a40493) transcribed from: (early english books online ; image set 59119) images scanned from microfilm: (early english books, 1641-1700 ; 626:6) the proposalls delivered to the earl of nottingham, and the rest of the commissioners of parliament, residing with the army, from his excellency sir thomas fairfax, and the army resolved upon at a generall councell of warre held at reading july 17, 1647 : with a message sent by the lord wharton to the parliament : and a letter to the lord mayor, aldermen, and common councell, concerning the disposall of the militia of london into the former hands. england and wales. army. fairfax, thomas fairfax, baron, 1612-1671. nottingham, heneage finch, earl of, 1621-1682. 8 p. printed by matthew simmons for john pounset ..., london : 1647. reproduction of original in the university of illinois (urbana-champaign campus). library. eng england and wales. -army. great britain -history -civil war, 1642-1649. a40493 r22046 (wing f221a). civilwar no the proposalls delivered to the earl of nottingham, and the rest of the commissioners of parliament, residing with the army, from his excell england and wales. army. council 1647 1741 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2005-08 tcp assigned for keying and markup 2005-09 apex covantage keyed and coded from proquest page images 2005-10 mona logarbo sampled and proofread 2005-10 mona logarbo text and markup reviewed and edited 2006-01 pfs batch review (qc) and xml conversion the proposalls delivered to the earl of nottingham , and the rest of the commissioners of parliament , residing with the army , from his excellency sir thomas fairfax , and the army . resolved upon at a generall councell of warre held at reading july 17. 1647. with a message sent by the lord wharton to the parliament : and a letter to the lord mayor , aldermen , and common councell , concerning the disposall of the militia of london into the former hands . by the appointment of his excel . sir thomas fairfax , and the councell of warre . signed john rushworth secre. . london ; printed by matthew simmons for john pounset , and are to be sold at his shop at the signe of the hand and bible , at the lower end of budge-row neere dowgate . 1647. these severall ensuing particulars , being considered , debated , and resolved upon at a generall councell of warre ( his excellency being present ) wee the commissioners of the army were appointed ( in the name and behalfe of them ) to present the same to your lordships , and the commissioners to be tendred with all speed to the parliament ; which wee accordingly offer and desire your speedy care therein ; that so an answer ( according to the desire and expectation of the army ) may be speedily returned to these particulars . 1. that there be an effectuall declaration forthwith published to the whole kingdome , against the inviting , bringing or coming in of any forraine forces , under any pretence whatsoever . 2. that the army may be paid up equall with the desertors thereof , according to the late votes of parliament : and that the army may forthwith be put into a constant course of pay , that they may not be so burdensome and oppressive to the countrey ; for the more speedy performance whereof ; wee desire , that the house of peers would be pleased to concurre with the desires of the house of commons , ( so often proposed to them ) for the reviving of the committee for the army , that so the assessements and great summes in arreares , both in the citie and eswhere , may be by their endeavour collected for the speedy and necessary supply of the army : and also , that the treasurers , and the committee of weavers-hall , may be speedily called to accompt , in what manner , and by what warrant the two hundred & thirty thousand pounds , lately intrusted in their hands , have been in so short a time consumed . 3. that the militia of the city of london , and the committee of the same , may consist of such persons , & speedily be returned into those hands , who formerly during the worst of times , have therein given large testimonies of their fidelity to the parliament and kingdome : which besides the reall security , will be to the parliament and kingdome in preventing of dangers repreparing towards a new warre , would conduce so much to the remooving of jealousies , and give such a ground of confidence to the army , as that wee might the better dispose it to larger quarters in severall parts , for the ease of the countrey . reading 18. july 1647. by the appointment of the commissioners for the army . william clarke . according to and in pursuance of the particular mentioned under the fifth head of the representation of the army , wee doe earnestly desire : that all persons imprisoned in england , or dominion of wales , ( not for delinquency in relation to the late warre , but for other pretended misdemeanors ) and whose imprisonment is not by the regulated course of law , but by order from either houses of parliament , ( or of committees flowing from them ) may be put into a speedy regular and equitable way of tryall , or ( if the necessitie of setling the generall affaires of the kingdome admit not their present tryall ) then they may have present liberty ( upon reasonable security ) for their appearance at a certain day , to answer what shall be charged against them in a legall way . and that when they shall be tryed , if they appeare wrongfully , or unduly imprisoned , they may have reparation according to their sufferings . in particular , wee desire this may be done in behalfe of lievtenant colonell john lilbourne , mr musgrave , mr overton , and others ( in their condition ) imprisoned in and about london . reading july 18. 1647. by the appointment of his excellency sir thomas fairfax , and his councell of warre . signed , john rushworth . a letter to the lord major , court of aldermen , and common-counsell , of the city of london . my lord and gentlemen ; in the carying on of the great businesses of the kingdom towards a generall and happy settlement , it hath been a fixed principle with us to make it our first endeavour with the parliament , that all things which threaten an engagement of the kingdom in a second warre , might be removed before we could have a confident expectation of a good issue ; upon a treaty with their commissioners , which course of ours , although it might have some appearance of delay : yet by men that are zealous of the kingdomes good ( we hope ) no endeavour will be judged unnecessary , that may secure the kingdom from the danger of any new imbroylements . wee are now come thus far , that the most materiall particulars which we have in preparation to propose , for the generall settlement of the affaries of the kingdom , have bin communicated to the parliaments commissioners ; and we hope they are satisfied , that they containe in them things tending to a generall good , and to lay an hopefull foundation for common right , and freedom , to the people of this land for future ; and for a lasting peace amongst us . but before we can securely intend and without interruption apply our selves , unto the proceedings and dispatch of the treaty , there upon wee have delivered into the hands of their comissioners , the paper which consists of three particulars , in the last whereof ( which is the militia of the city ) you being most immediately concerned , to the end you may see we would aske nothing which relates to you , without giving you a just account thereof , and all possible satisfaction therein ; we have also given a coppy thereof to your commissioners , to be here with sent unto you . wee should not desire this , or any thing else of that nature , were wee not perswaded , that what wee desire is seasonable , and for yours and the kingdomes good and quiet . and wee should willingly have been silent ( as to this : ) but considering the just jealousies which lye against some persons , now authorized in the exercise of that power amongst you , and those attempts which have bin made by some , who would have engaged your city , to a warre , had not your lordships and the court of aldermen and common-councell , by your wisdome prevented it , by geting those votes which were passed by the militia , made null ; wee cannot in a case of this importance but deale freely with you , in desiring your concurrence with ours to the parliament ; that the militia may be changed into those hands , out of which it was taken , of whose care and fidelity to the publicke , there hath been so long and large experience , as few ages have paralell'd . and if the interest wee have so long sought for be still the same , let it not seeme strange that wee desire both of the parliament and city , that those may be in places of such a trust , who have given the best proofe of their courage and constancy in prosecution of the same . having thus far declared our selves with all freedom and clearnesse to you , as we do not doubt of your good acceptance of our intention therein , so we desire your forwardnesse in a worke so much tending to mutuall confidence ; and to prevent the designes of any who would beglad to put obstructions in the way to a happy conclusion , and envie nothing more then the continuance of a right understanding between you and us . reading july 19. 1647. by the appointment of his excell . sir thomas fairfax and the counsell of warre . signed jo : rushworth secret . may it please your lordship ; wee made a dispatch unto you last night very late , by the post , and gave you then a generall account of our proceedings . and after the reading of the proposals mentioned in that dispatch ; had some papers brought unto us , by sir hardres waller , and other officers , containing some desires of the army , in order to their present security : which papers , before they were transcribed , were sent for backe againe . wee expect the returne of them this day , and shall thereupon transmit them to your lordship with all speed . in the meane time , it was held fit to desire the l. wharton to come up to you , for your more perfect knowledge in any thing that may relate to our former dispatches , and that nothing may be wanting on our parts in discharge of the trust reposed in us . who are redding july 19. 1647. your lordships humble servants nottingham . since the writing of this letter , these inclosed papers have been brought unto us by some of the officers of the army , which wee held our duty immediately to send to you . finis . a declaration by the major general and council of officers in ireland, concerning their late actings there, and for the tryal of such officers and souldiers as finde themselves agrieved for being laid aside. england and wales. army. this text is an enriched version of the tcp digital transcription a87311 of text r211515 in the english short title catalog (thomason 669.f.23[17]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 8 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a87311 wing i370 thomason 669.f.23[17] estc r211515 99870233 99870233 163673 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a87311) transcribed from: (early english books online ; image set 163673) images scanned from microfilm: (thomason tracts ; 247:669f23[17]) a declaration by the major general and council of officers in ireland, concerning their late actings there, and for the tryal of such officers and souldiers as finde themselves agrieved for being laid aside. england and wales. army. waller, hardress, sir, 1604?-1666? 1 sheet ([1] p.) printed by william bladen, by special order ; and re-printed at london, by james cottrel, dublin : [london] : 1659. [i.e., 1660] dated at end: dated the ninth of january, 1659. signed: har. waller. [and 24 others]. annotation on thomason copy: "jan: 30.". reproduction of the original in the british library. eng england and wales. -army -early works to 1800. courts-martial and courts of inquiry -ireland -early works to 1800. a87311 r211515 (thomason 669.f.23[17]). civilwar no a declaration by the major general and council of officers in ireland, concerning their late actings there, and for the tryal of such office england and wales. army. 1659 1432 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-11 aptara keyed and coded from proquest page images 2008-01 emma (leeson) huber sampled and proofread 2008-01 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a declaration . by the major general and council of officers in ireland , concerning their late actings there , and for the tryal of such officers and souldiers as finde themselves agrieved for being laid aside . few men in this nation but have known , and few honest men but have lamented the strange proceedings of those lately in authority here , who by casting out of the army several eminent and faithful officers without so much as hearing them ; and filling up their rooms for the most part with factious spirits , principled against magistracy and ministry ; gave us but too much cause to believe , so ill a way led to a worse end . but not being able so much as to imagine , these courses were taken to bring about that horrid design which since we have had but too much reason to believe these injustices were some foundations of ; we esteem it our duty with patience to submit , because the parliament was sitting , to whose authority and justice these proceedings , as we were assured , were to be presented . but soon after we understood of those sinful and unparallel'd actings of a factious part of the army in england , who not only contrary to the laws of god and man , but even contrary to their own renewed and voluntary engagements , by force interrupted the sitting of the parliament ; and adding iniquity to iniquity , declared some of their laws to be null and void to all intents and purposes , a presumption and crime which never any but themselves durst be guilty of , and in which , as much as in them lay , they cut up , as it were by the very roots , all those precious rights , which with so much bloud and treasure had been so long and through mercy so successfully contended for ; whereby we too soon and too evidently sound , that the parliaments name and authority was but made use of , to eject such who they knew would be obedient thereunto : by which course having freed the army of such , they freed all others from the fear of the parliament by dissolving it , as much as in them lay , who had they still sate , they knew would punish their injustice , though they could not prevent it . how guilty herein those lately in authority in this nation , and others , have been , to omit the enumerating of many other particulars , may appear by their having been so far from declaring against , and opposing those ruinous actings , that they on the contrary not only secretly , but openly promoted and encouraged such who against an express act of parliament in that behalf , did own the l. general fleetwood for commander in chief of the armies in these three nations , and advanced , as much as in them lay , the elections and sending unto london , of two out of each regiment , to subvert the authority of parliament , and introduce a new government , which in name only should be civil , but in fact and power should be intirely military : nor yet contented with all this ( for guilt neither ever is , nor ever thinks it self secure ) orders were actually issued for securing and disarming all that were dissatisfied with such proceedings : whereby not only a slavery was entailed upon us , but even we were designedly deprived of all visible means of ever casting it off . being therefore invited by the highest call of duty and necessity , we resolved with the hazard of our lives and estates , to restore the authority of the parliament ; and to recover those rights which are of too much value to be tamely lost . the justice and necessity of this undertaking was so deeply imprinted on the hearts of many officers and souldiers of this army , that ( through the mercy of god ) without bloud , we may say , the snare is broken , and we are escaped : men must say , it is wonderful in our eyes ; and christians will say , it is the lords doing : it seeming to be a day of gods power , the people are so willing . the next care and duty after the recovery of this army for the parliament , was , to put it into such hands , as we had good cause to believe , by past and present actings , would preserve it for their service ; for the accomplishing whereof , we have been necessitated , to lay aside many officers , and placed others , qualified as abovesaid , in their room , till the parliaments pleasure were known . in the laying aside any officers , this rule hath been observed , an assurance that he had subscribed to the lord fleetwood's being commander in chief of the three armies ; contrary to an express act of parliament in that behalf ; or had assisted at , or promoted the election of two out of each regiment , to be sent to london , for the introduction of a new government , and consequently , the destruction of the parliaments authority : and though none have ben put by , that were not within one of these qualifications , yet all that came under them have not been displaced ; a difference being put between those that made the stream , and such who through inadvertancie did swim down in it , and since by their activeness for the parliament , have given good proof of their repentance for the fault . those that were guilty within the above-specified rules , were too many to admit them to a regular tryal by the rules of war , before the army was first put into faithful hands ; since to have made those judges of guilt , which were participants in it , might have rather proved a sure means to have the innocent condemned , then the nocent ; and to eject any , without prescribing a known way for their vindication , if they thought themselves injur'd , were not only to act an injustice in it self , but even that injustice which was so lately practiced here , and which we our selves ( with so much cause ) have declared against . to accord therefore this evil , it is hereby declared , that a court martial is establish'd at dublin , the head-quarters , for the hearing and determining the cases of all field-officers and captains , which shall think themselves injur'd by being laid aside : and for the same end , orders are issuing out for court-martials to be held in each county , for the inferior officers and private souldiers ; unto which respective places , such as are conscious of their not having acted against the parliament , our onely general , may apply themselves for redress , where they shall be judged according to the usual rules and discipline of war . provided that by or before the 24 day of march . next after the publication hereof , they give in their names , and signifie their desires to be tryed accordingly ; and no officer who is put into the room of him that is to be tried , shall sit as judge upon that officer whose command he at present enjoys . those to be heard at dublin , are to give in their desire thereof to dr. ralph king , appointed judge-advocate ; those to be heard in the countrey , are to give in their desire to the chief officer respectively in each county . dated the ninth of january , 1659. har. waller . broghill . cha. coote . w. gaulfield . theo. jones . j. king eliah green . hen. owen . ben. lucas . rich. lehunt . sol. cambie . samps . towgood . dan. lisle . john maunsel . h. langrish . j. campbel . j. gregory . theo. sandford . jo. harrison . jo. reding . simon garstin . boyl maunsel . h. clotworthy . r. sheils . a. barrington . dublin , printed by william bladen , by special order , and re-printed at london , by james cottrel . 1659. a continuation of the acts and monuments of our late parliament: or, a collection of the acts, orders, votes, and resolves that hath passed in the house. from june 9 to july 7. 1659. by j. canne intelligencer generall. this text is an enriched version of the tcp digital transcription a80384 of text r207919 in the english short title catalog (thomason e1010_4). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 16 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a80384 wing c5960aa thomason e1010_4 estc r207919 99866938 99866938 119227 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a80384) transcribed from: (early english books online ; image set 119227) images scanned from microfilm: (thomason tracts ; 150:e1010[4]) a continuation of the acts and monuments of our late parliament: or, a collection of the acts, orders, votes, and resolves that hath passed in the house. from june 9 to july 7. 1659. by j. canne intelligencer generall. butler, samuel, 1612-1680, canne, john, d. 1667?, [2], 9, [1] p. [s.n.], london : printed according to order, 1659. not in fact by john canne, but rather a satirical attack on canne and the parliament; sometimes attributed to samuel butler. part 1 was published in the same year. annotation on thomason copy: "9ber [i.e. november]. 14.". reproduction of the original in the british library. eng canne, john, d. 1667? england and wales. -parliament -humor -early works to 1800. england and wales. -parliament -early works to 1800. political satire, english -17th century. great britain -politics and government -1649-1660 -humor -early works to 1800. a80384 r207919 (thomason e1010_4). civilwar no a continuation of the acts and monuments of our late parliament: or, a collection of the acts, orders, votes, and resolves that hath passed butler, samuel 1659 2492 4 0 0 0 0 0 16 c the rate of 16 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-04 jonathan blaney sampled and proofread 2007-04 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a continuation of the acts and monuments of our late parliament : or , a collection of the acts , orders , votes , and resolves that hath passed in the hovse . from june 9 to july 7. 1659. by j. canne intelligencer generall . london : printed according to order , 1659. to the reader . courteous reader , least the famous and noble atcheivments of our late renowned parliament should be buried in oblivion , as surely as the authors of them will be with infamy , it was thought fit and much conducing to the publick benifit to continue this second part of their acts and monuments , that posterity may not be ignorant of their honesty , and good intentions , to have promoted their own interests , and confounded that of the common-wealth ; if further opportunity , and true intelligence shall offer themselves , it is not improbable that their exploits , till their second crack , may be exposed to publick view . in the mean time , give the authors leave to doe something else , and follow his old calling of scribing diurnalls . a continuation of the acts and monvments of our late parliament . thursday june 9. this day the house receiv'd a letter from john bradshaw one of the keepers of the great seale , wherein he desir'd that the house would please to dispense with the weaknesse of their brother's body now , whose soule had been at their service many yeares since , whereupon it was ordered , that the petitioner have the thanks of the house , and be president of the next high court of justice , before which any king whatsoever shall be called . ordered also that during this indisposition of his body , harry martin attend upon him daily to administer unto him ghostly comfort ; and in his absence that the other sir harry supply that office . this day also severall of the officers of the army receiv'd their commissions from mr. speaker , amongst which was mr. moore of grayes inne esquire who received a commission to be comptroller of the house : sir henry martin was commissionated muster-master generall of all the whores in the common-wealth , and the lord munson his corporall . a petition from severall well-affected persons inhabitants of the town of ailsbury was read , wherein they desired a statute of brasse to be erected for mr. scot , but one of the house standing up , and swearing a gibbet would become him better , the petitioners were dismissed insatisfied , june 10. it was this day resolved that colonell barkstead be no longer lievtennant of the tower , because the parliament hate blood-thirsty men . the quallification of persons for places of trust ( formerly omitted ) was as follows . the parliament doth declare that all such as shall be in any place of trust or power within this common-wealth be persons of a very fair carriage , thrice perjur'd , and the newest sectaries . june 11 , after a long debate concerning the interpretation of ( the good old cause ) some of the members calling it , the saints watchword , others the cavalier's purgatory , some one thing , some another , it was resolved that the good old cause is in truth a going on in the great worke of making up the parliament-men's estates , where they left off at their last interruption ; and this definition was recorded by the clerk of the parliament accordingly . munday june 13. ordered . that the gentry of northumberland who presented a petition this day to the house , have a letter of thanks sent them , and that jack adams of the parish of clarken-well write the same . resolved . that the bill of union between england and scotland be referred to generall monk to be brought in by him the day immediately before he intend's to dye . june 14. resolved . that colonell hewson be translated from the government of dublin to be a colonell of a regiment of foot . this afternoon , the house voted baron tomlins to keep his place in the exchequer till they can find or procure a wiser . june 15. colonell fitz having this day received his commission to be lievtenant of the tower , mr. speaker told him the sence of the house ( as to the performance of his trust ) in this manner . colonell fitz , you have now received a speciall token of the parliament's favour , you are committed to the tower , pray be diligent and vigilant , and in requitall of of these high obligations , the house desires you that if it happen at any time that any of their members should ( which god forbid ) come under your custody , you will use them with a brotherly fellow-feelingnesse , and not as barkstead served sindercombe , and mr. armiger , sir you have heard what their pleasure is : be good in your office . june 16. the circuit-judges having this day been voted , mr. speaker proposed what instructions were fitting to be given to them , and it was agreed that it be referred to praise god barbone , to direct them in a way that should consist most with the parliament's safety . june 17. 18. these two dayes the house having much wast-paper in store , and more then the alderman needed , they imploy'd it in writing commissions , which were delivered in abundance to sundry offices that made their obeisance for them very mannerly . major overton's petition being read , it was immediately voted , nemine contradicente , that the late generall was a tyrant , and the petition a persecuted saint , whereupon he was referr'd to the consideration of the colchester commitee . june 19. this day ( according to former order ) praise god barbone made a speech to the judges appointed for this summer circuit , there was little in it : but the cheife thing he pressed was to desire them not so much to respect the letter of the law , as that of the gospell , for ( said he ) one is a killing letter , and you should be milde , and mercifull : the strictnesse and rigour of the law ( said he ) is like the skin of a beast , rough , and hairy , but when by mercifulnesse the hairs and brisles are shav'd off , and when by indulgency the hide is tann'd and dress'd and made smooth , that which before was profitable for nothing , serveth for many uses : the rest of the speech continues yet in brachygraphy at the citty-remembrancer's house . june 20. it was this day resolv'd by the councill of state that the people should not be wrong'd by lawyers exactions : and presently after the parliament voted that all england should be lawlesse , and free to what they pleased ; and that was voted , the liberty of the subject . june 21. the businesse of tithes having been long in consideration , it was now resolv'd upon , that all the good people of this common wealth should pay their tithes to the house , and some of the officers of the army , whereupon severall receivers were appointed , mr. speaker was appointed to receive all the poultry for the enlargement of his houshold provisions , excepting cocks , and sparrowes , which were received for henry martins , and the lord munson . the lord disbrow was to receive all the tithe corne , &c. june 22. this day was wholly spent in receiving and reading severall addresses and petitions , one being more remarkable then the rest i have thought fit to insert ; it was intituled . the humble petition of divers madmen and others inhabitants of bedlam in the county of middlesex , mr. speaker . your petitioners being very sensible of the great perills our nation is distracted with ; knowing also that from this house come all those taxes , and sequestrations , and many other things which make men mad , we out of a tenderness , and sense of our own condition , and your forwardnesse to be our benefactors , are heer assembled , to desire you that an act be immediately dispatched to remove , either the parliament-house to moor-fields , or our palace to your meeting-house , your petitioners ( with submission ) thinking , that there is like to be no diffrence betwixt ●s , it being also clear upon our spirits that madmen and ●ooles may shake hands without breaking the peace ; and truly gentlemen when the reckoning comes to be paid , you 'l find , that which will make you mad , if you were not so before : therefore ( my masters ) learne to swim for fear of drowning ; learne to swing for fear of hanging ; make one another rich ; give the divell his due ; live as long as you can ; and when you come to dye , goe to heaven and if you can tell how . and your petitioners shall ever pray him to prosper you , that set you on worke . at the bottome of the petition instead of names subscribed , one had sowed a straw on it ; another made 3 or 4 pinholes , a third made a great scrawle , every of the society according to his fancy . june 23. this day were read in the house the letters from . don pluto's court , directed thus , to our good servants , trusty and well-beloved drudges , promoters of our interest , the supream authority siting in parliament at westminster , so long as our self , and the army pleaseth . dated thus , june 20. 1659. given at our palace upon the banks of acheron . june 24. the great work of this day was to indempnify all persons from the guilt of innocent blood who had an hand in cutting off the late king's head . after that passed , they resolv'd on an oath to be taken by the judges and other officers ▪ the oath was as followeth . you shall swear to be true , faithfull and constant to this common-wealth ( that is ) us and our heires without a single person , king-ship , or house of peers , till such as a single person shall govern again , and no longer . which was accordingly minished , and ( i beleive ) will be kept . june 25. this day bradshaw and sir henry mildmay petition'd the house to call in the king that one might condemn him , and the other have the crown jewell . june 26. 27. upon a petition against tithes it was resolved that the judges in their circuits tell the ministers that they shall have their tithes paid them still as formerly , till the parliament shall find it safer to take them away , and the companyes of schismaticks , and hereticks , augmented to such a considerable number , as may second such their proceedings against all gainsayers . june 28. 29. a letter was this last day read from h. cromwell late leivetenant of ireland , together with the letter was a pacquet which being open'd was found to be filled with irish birch , bound up in the fashion of rodds , and a paper which was fastned to one of them , with this inscription you may chastise me , if it seem good in your eyes . june 30. the house being idely disposed , spent the greatest part of this day in giving commissions to severall souldiers ; and receiving their complements . july 1. this very day the house made two serjeants at law , william steele and miles corbet , and that was work enough for one day . july 2. letters of credence from frederick king of denmark directed insignissimis reipub. angl. rebellibus in parliamento westmonasterii . dated in the tower of hafnae 28 may , 1659 , were this day read . july 3. this day the house took into consideration the citty charter , and finding the present major not to correspond with it in regard of his want of a few haires on his face ; presently ordred the lord tichborn and one of the sheriffs to be plenipotentiaries to truck with the king of spaine for as many pair of whiskers as shall be requisite for some of the cittizens , and other well affected englishmen of the lord major's religion who are deficient in that particular . july 4. resolv'd . that the excise-men are publicans , and all but the parliament-members , sinners . resolv'd . that the farmers of the excise , and customes have deceived the people , and are unsufferable extortioners , for which cause , the parliament doth declare that , they shall be outed , it being found by experience to be true that , so many of one trade , as the house and they , cannot thrive by one another . july 5. at the councill of state . ordered . that whitehall be emptied in six days time ▪ and that within two dayes after , tagg , ragg and longtaile take possession . july 6. an ambassadour extraordinary from the emperour of the antipodes arriving this day at westminster was conducted from the court of wards by sir oliver fleming master of the ceremonies : his businesse was to bring the house tidings of the good amity , and league which his master desireth may be continued with england so long as the house shall sit . hampton court being ordered to be sold , severall chapmen came this day to the house to bargain for parcells thereof , and the cittizens in the first place paid 500lb for the inheritance of the horne-gallery , other customers onely ask't the rates , but bought nothing of it besides for that time . henry cromwell being come to the door the house haveing intelligence of it sent the serjeant at armes with his mace to attend on him to the speaker's chaire , where being come , he kneel'd down , and ask't the speaker blessing ; whereupon the house acquiescing in his good affections dismissed him . finis . truth seeks no corners, or, advice from a non-interessed souldier to his loving fellow-souldiers that were under fleetwood and lambert. e. s. this text is an enriched version of the tcp digital transcription a63777 of text r23754 in the english short title catalog (wing t3159a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a63777 wing t3159a estc r23754 07892421 ocm 07892421 40304 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a63777) transcribed from: (early english books online ; image set 40304) images scanned from microfilm: (early english books, 1641-1700 ; 1216:19) truth seeks no corners, or, advice from a non-interessed souldier to his loving fellow-souldiers that were under fleetwood and lambert. e. s. 5 p. printed by thomas creake, london : 1660. postscript signed : e.s. reproduction of original in the university of illinois (urbana-champaign campus). library. eng england and wales. -army. a63777 r23754 (wing t3159a). civilwar no truth seeks no corners: or advice from a non-interessed souldier to his loving fellow-souldiers that were under fleetwood and lambert. e. s 1660 1034 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2006-10 tcp assigned for keying and markup 2006-10 aptara keyed and coded from proquest page images 2006-11 mona logarbo sampled and proofread 2006-11 mona logarbo text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion truth seeks no corners : or advice from a non-interessed souldier to his loving fellow-souldiers that were under fleetwood and lambert . london , printed by thomas creake . 1660. gentlemen , and fellow-souldiers , having for these twenty years , been imploy'd in marshall discipline , and carefully observed the practices of some officers late of the army , with grief i expresse the many injuries and unparrallel'd cruelties exercised on persons deserving so much honour and affection from them as you have done ; is the onely cause that drew me to this ! and no sinister or byast-interest whatsoever ; having always valued the peace and welfare of the nation , far above my own concernments . and now perceiving that there are strong endeavours once more to make these nations and yourselves miserable , by continuation of a war ; and that there are not wanting those who labour to perswade you that your interest lies in adhering to some officers late of the army ; who have made shipwrack of all oaths and engagments , through whose breach of faith you are become contemptible to all nations ; who are so far from making a reconciliation towards god or man by an unfeined repentance , and turning from the evil of their practices , that they with their instruments , palliate their fowl enormities , endeavouring by all means possible to destroy the honour of all your actions , by adhering to them whose power is will , whose justice is cruelty , whose laws are confusion , whose religion is the seat of rebellion , whose designe can have no other end then tyranny , and to involve you and yours in perpetual slavery . therefore fellow souldiers , let us look back and survey their by past practices , and we shall find there was never oath or promise kept farther then served their own interest . did not most of those officers ( by gods mercy ) now cashier'd the army , purchase your debenters ( the price of blood ) from two shillings to a noble in the pound , to enrich themselves , and perpetuate your slavery . and through their cruelty many of our fellow souldiers , which were wounded in battle and made unservicable , with wives and children starved in the streets for want of bread , while they lorded it over you , tyrant-like . now examine your selves whether when you have demanded your pay , you were not had before court martialls , and hang'd to all your shames , while they rob'd you and the commonwealth of your dues . and let me further desire you to consider what you can expect ; who have alwayes been made the scorne and contempt of those whom you have advanc't by your valour . the premises being duly and christianly considered , i as a friend and fellow souldier , have made bold to write to you these lines , that you might the better see your condition , if you should suffer your selves again to be captivated by the specious pretences of an interested sort of people , who rage and rore ( like their father the divel ) wanting your assistance to help them to devour . therefore my earnest request to you is , that you would as you are christians and englishmen , bewail the bloud you have already spilt in your own countrey , and with souls fitted for the receit of mercy , humbly prostrate your selves before the god of mercy , beseeching him to distill into your souls by the influence of his holy spirit , grace : whereby you may be fitted to be made partakers of so great a mercy and deliverance , as the lord himself is now a working in the three , wounded , bleeding , and miserable nations , which is his own blessing , peace , the fruits whereof though but in the bud , should raise your souls to that pitch , that you should with all cheerfulness humbly submit to his gratious hand of providence , who seems mercifully once more to shine upon these nations , by restoring unto us our native rights as men , and my dear fellow-souldiers , let not railing rabshekeys prevaile over you , in perswading you that you shall lose your rights as christians , for the lord himselfe will plead the cause of the humble and meek , but the stiffnecked and rebellious he will destroy . i shall conclude with this exhortation , that you would seriously consider , and ponder in your hearts this truth , that if you comply not , and submit not with the nations publique interest , and just power now made choice of by common consent of the people , but follow a few private ambitious restless persons , whose gain is their godliness , whose glory is their shame , you will run your selves on the rock of ruine , and make your names infamous to all posterity : and which is most deplorable , run headlong to your own eternall ruine . the which that you may prevent , with one heart yeeld consent and obedience to the peoples free choice in parliament ; and let all that love englands peace say amen . postscript . fellow-souldiers , this paper is presented to you from a lover and friend , who hath alwaies honoured you for your valour ; and has a more reall affection for you , then the cruelty of your taskmasters will suffer him that is your friend to discover . if any one shall say the pen-man of this is a lover of generall monck , 't is true i am : though i never received any favour from him ; for his faithfnlnesse , mercifulnesse , prudence , justice , valour , and constancy , command no lesse from all just men & lovers of their country ; whom the lord preserve in all his just designes . thus prays a lover of his country . e. s. finis . the judges opinions concerning petitions to the king in publick matters with a clause of a late act of parliament concerning the same subject. 1679 approx. 7 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a46340 wing j1169 estc r32370 12648287 ocm 12648287 65223 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a46340) transcribed from: (early english books online ; image set 65223) images scanned from microfilm: (early english books, 1641-1700 ; 1528:28) the judges opinions concerning petitions to the king in publick matters with a clause of a late act of parliament concerning the same subject. england and wales. court of star chamber. 1 broadside. printed for thomas burrell ..., london : 1679. "see moores reports, page 755; crooks reports, page 37 : 2 jacobi." reproduction of original in the harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. sedition -england. great britain -history -charles ii, 1660-1685. 2007-11 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-02 pip willcox sampled and proofread 2008-08 spi global rekeyed and resubmitted 2008-10 mona logarbo sampled and proofread 2008-10 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion the judges opinions concerning petition to the king in pvblick matters see moores reports , page 755 2 jacobi . crooks reports , page 37 2 jacobi . with a clause of a late act of parliament concerning the same subject . feb . 13. 2. jac. in the star-chamber all the justices of england were assembled with many of the nobility , viz. the lord ellesmore , lord chancellor the earl of dorset , lord treasurer ; the lord viscount cranborn , principal secretary ; the earl of nottingham , lord admiral ; the earls of northumberland , worcester , devon , and northampton ; the lords zouch , burleigh and knolls ; the chancellor of the dutchy . the arch-bishop of canterbury , the bishop of london , popham chief justice , bruce master of the rolls , anderson , gawdy , walmesly , fenner , kingsmi● , warberton , savile , daniel y●●ver●o● , and snig . and there the chancellor of england by the kings command , after he had made a long speech concerning the justices of peace , and an exhortation to the justices of assize , and a discourse of papists and puritans , declaring that they were both disturbers of the state , and that the king intended to suppress them , and to have the laws put in execution against them , demanded of the judges their resolution of three things . whereof one was . if it were an offence punishable , and what punishment is due by the law , to those who frame petitions and collect multitudes of hands thereto to prefer to the king in publick causes , as the puritans have done , with intimation to the king , that if he denies their suit , that many thousands of his subjects would be discontented ? to which all the justices answered , that this was an offence finable by discretion , and very near to treason and felony in desert of punishment ; for this tends to raise sedition , rebellion , and discontent , among the people . to which resolution all the lords agreed . and then many of the lords declared , that some of the puritans had raised a false rumour of the king , that he intended to grant a toleration to papists , the which offense seemed to the justices grievously finable by the rules of common law , in the kings bench , or by the king and his council , or now since the statute of 3 h. 7. in the star-chamber . and the lords each by themselves publickly declared , that the king was discontented with this false rumour ; and the day before had made a protestation unto them , that he never intended it ; and that he would loose the last drop of blood in his body before he would do it . and that he prayed to god , that before his issue should maintain any other religion then this that himself maintains , that he would take them out of the world. anno xiii . caroli ii. regis . in an act entituled , an act against tumults and disorders , upon pretence of preparing or presenting publick petitions , or other addresses , to his majesty , or the parliament . there is this preamble and clause , whereas it hath been found by sad experience , that tumultuous , and other disorderly solliciting , and procuring of hands by private persons to petitions , complaints , remonstrances and declarations , and other addresses to the king , or to both , or either houses of parliament , for alteration of matters established by law , redress of pretended grievances in church or state , or other publike concernments , have been made use of to serve the ends of factious and seditious persons gotten into power , to the violation of the publick peace , and have been a great means of the late unhappy warrs , confusions , and calamities in this nation ; for preventing the like mischief for the future ; be it enacted , &c. that no person or persons whatsoever , shall from and after the first of august , 1661. sollicite , labour or procure the getting of hands , or other consent of any persons above the number of 20 , or more , to any petition , complaint , remonstrance , declaration , or other address to the king , or both , or either houses of parliament , for alteration of matters established by law in church or state , unless the matter thereof have been first consented unto , and ordered by threé or more iustices of that county , or by the major part of the grand iury of the county , or division of the county , where the same matter shall arise at their publike assize● , or general quarter sessions , or if arising in london , by the lord major , aldermen , and commons , in common councel assembled ; and that no person or persons whatsoever shall repair to his majesty , or both or either of the houses of parliament , upon pretence of presenting or delivering any petition , complaint , remonstrance , or declaration , or other addresses accompained with excessive number of people , not at any onetime with above the number of ten persons , group in of incurring a penalty , not exceeding the sum of 100 pounds in money , and three moneths imprisonment without bail or mainprize for every offence , which offence to be prosecuted , &c. see the act at large . anno xiii . caroli ii. in an act entituled , an act for safety and preservation of his majesties person and government , against treasonable and seditious practices and attempts . there is this clause , be it enacted &c. that if any person or persons whatsoever after the 24 day of june 1661 , during his majesties life , shall malitiously , and advisedly publish or affirme the king to be an heretique or a papist , or that he endeavours to introduce popery ; or shall malitiously and advisedly , by writing , printing , preaching or other speaking express , publish , utter or delcare any words , sentences , or other thing or things , to incite or stir up the people to hatred or dislike of the person of his majesty , or the established government , then every such person and persons being thereof legally convicted , shall be disabled to have or enjoy , and is hereby disabled , and made incapable of having , holding , enjoying , or exercizing any place , office , or promotion ecclesiastical , civil , or military , or any other imployment in church or state , other then that of his peerage , and shall likewise be lyable to such further and other punishments as by the common laws or statutes of this realm may be inflicted in such cases , &c. see the statute at large . london , printed for thomas burrell in fleet-street , 1679. a defence of the late lord russel's innocency by way of answer or confutation of a libellous pamphlet intituled, an antidote against poyson : with two letters of the author of this book, upon the subject of his lordship's tryal : together with an argument in the great case concerning elections of members to parliament, between sr. samuel barnardiston bar. plaintiff, and sr. will. soames, sheriff of suffolk, defend., in the court of kings-bench, in an action upon the case, and afterwards by error sued in the exchequer-chamber / by sir robert atkyns, knight of the honourable order of the bath ... atkyns, robert, sir, 1621-1709. 1689 approx. 73 kb of xml-encoded text transcribed from 15 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-08 (eebo-tcp phase 1). a26140 wing a4136 estc r4958 12499825 ocm 12499825 62658 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a26140) transcribed from: (early english books online ; image set 62658) images scanned from microfilm: (early english books, 1641-1700 ; 303:16 or 2469:13) a defence of the late lord russel's innocency by way of answer or confutation of a libellous pamphlet intituled, an antidote against poyson : with two letters of the author of this book, upon the subject of his lordship's tryal : together with an argument in the great case concerning elections of members to parliament, between sr. samuel barnardiston bar. plaintiff, and sr. will. soames, sheriff of suffolk, defend., in the court of kings-bench, in an action upon the case, and afterwards by error sued in the exchequer-chamber / by sir robert atkyns, knight of the honourable order of the bath ... atkyns, robert, sir, 1621-1709. [5], 3-51 p. printed for timothy goodwin ..., london : 1689. "an argument in the case ..." (p. [27]-51) has special t.p. advertisements: p. [1]. copy filmed at reel 2469 bound and filmed following wing a4139, a4141 and a4140. reproduction of originals in union theological seminary library, new york and the folger shakespeare library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng russell, william, -lord, 1639-1683. nottingham, heneage finch, -earl of, 1621-1682. -antidote against poison. england and wales. -parliament. 2003-03 tcp assigned for keying and markup 2003-05 spi global keyed and coded from proquest page images 2004-01 jonathan blaney sampled and proofread 2004-05 spi global rekeyed and resubmitted 2004-06 jonathan blaney sampled and proofread 2004-06 jonathan blaney text and markup reviewed and edited 2004-07 pfs batch review (qc) and xml conversion advertisement . there is lately printed for timothy goodwin , at the maiden-head against st. dunstan's church in fleet-street , these two books following . i. an enquiry into the power of dispensing with penal statutes . together with some animadversions upon a book writ by sir edw. herbert , lord chief iustice of the court of common-pleas , entituled , a short account of the authorities in law , upon which judgment was given in sir edward hales 's case . ii. the power , jurisdiction , and priviledge of parliament ; and the antiquity of the house of commons asserted : occasioned by an information in the king's bench , by the attorney-general , against the speaker of the house of commons . as also a discourse concerning the ecclesiastical iurisdiction in the realm of england ; occasioned by the late commission in ecclesiastical causes . both writ by sir robert atkyns , knight of the honourable order of the bath , and late one of the iudges of the court of common-pleas . a defence of the late lord russel's innocency , by way of answer or confutation of a libellous pamphlet , intituled , an antidote against poyson ; with two letters of the author of this book , upon the subject of his lordship's tryal . together with an argument in the great case concerning elections of members to parliament , between sr samuel barnardiston bar. plaintiff , and sr will. soames sheriff of suffolk , defend ' in the court of kings-bench , in an action upon the case , and afterwards by error sued in the exchequer-chamber . by sir robert atkyns , knight of the honourable order of the bath , and late one of the judges of the court of common-pleas . london : printed for timothy goodwin , at the maiden-head against st. dunstan's church in fleet-street . 1689. to the reader having , about five years since , had applications made to me by divers friends and relations of that most excellent person , the late lord rvssel , when his troubles befel him , and while he was upon his tryal , to give him the best assistance i could in my profession , and to instruct him how to manage his defence : and the like assistance being afterwards desired from me , by many more persons of the best quality , who soon after fell into the same danger : i living at some distance from london , did venture , by letters , to send the best rules and directions i could , towards the making of their just defence , being heartily concern'd with them . the copies of which letters of mine , being very lately come to my hands , with an intention to have them likewise publish'd together , with that discourse or argument that concern'd that honourable lord , i thought it might be some help to such as may possibly hereafter fall into the like danger and trouble , being by the strict rules of law denied the benefit of councel in capital crimes , as to matters of fact and proofs , at an easie rate to be instructed , by the advice contained in these letters , how to manage their defence . this prevail'd with me to publish the very letters themselves , being meerly upon the same subject with the larger discourse , upon the title and head of high-treason . first letter , concerning my lord russel's tryal . sir , i am not without the apprehensions of danger that may arise by advising in , or so much as discoursing of publick affairs ; yet no fear of danger shall hinder me from performing that duty we owe to one another , to counsel those that need our advice , how to make their just defence when they are called in question for their lives , especially if they are persons that have by their general carriage and conversation appeared to be men of worth , and lovers of their king and country , and of the religion established among us . i will follow the method you use , and answer what you ask in the order i find in your own letters . i cannot see any disadvantage or hazard by pleading the general plea of not guilty : if it fall out upon the proofs that the crime is only misprision of treason , and not the very crime of treason , the iury must then find the prisoner not guilty of treason , and cannot upon an indictment of treason find the party guilty of misprision , because he is not indicted , for the offence of misprision , and treason and misprision of treason are offences that the law hath distinguished the one from the other , and the one is not included in the other ; and therefore if the proofs reach no farther then to prove a misprision , and amount not to treason , the prisoner may urge it for himself , and say that the proofs do not reach to the crime charged in the indictment , and if the truth be so , the court ought so to direct the iury , not to find it . ☞ now being present in company with others , where those others do consult and conspire to do some treasonable act , does not make a man guilty of treason , unless by some words and actions he signifie his consent to it , and approbation of it : but his being privy to it , and not discovering it , makes him guilty of misprision of treason , which consists in the concealing it , but it makes him not guilty of treason ; and if the same person be present a second time , or oftner , this neither does not make him guilty of treason , only it raises a strong suspicion that he likes it , and consents to it , and approves of it , or else he would have forborn after his having been once amongst them : but the strongest suspicion does not sufficiently prove a guilt in treason , nor can it go for any evidence : and that upon two accounts . ☞ first , the proofs in case of treason must be plain & clear and positive , and not by inference , or argument , or the strongest suspicion imaginable : thus says sir edward coke in many places in his third institutes in the chapter of high treason . ☞ secondly , in an indictment of high treason , there must not only be a general charge of treason , nor is it enough to set forth of what sort or species the treason is , as killing the king , or levying war against him , or coyning money , or the like , but the law requires that in the indictment there must be also set forth some overt or open act , as the statute of the 25th of edw. the 3 d. calls it , or some instance given by the party or offender , whereby it may appear he did consent to it , and consult it , and approve of it ; and if the bare being present should be taken and construed to be a sufficient overt or open act , or instance , then there is no difference between treason and misprision of treason ; for the being present without consenting makes no more then misprision , therefore there must be something more then being barely present to make a man guilty of treason , especially since the law requires an overt , or open act to be proved against the prisoner accused . see sir coke's third institutes fol. 12. upon those words of the statute , ( per overt fact ) and that there ought to be direct and manifest proofs , and not bare suspicions or presumptions be they never so strong and violent , see the same fol. in the upper part of it upon the word ( proveablement ) and the statute of the 5 of edw. 6. chap. 11. requires that there should be two witnesses to prove the crime , so that if there be but one witness , let him be never so credible a person , and never so positive ; yet if there be no other proof , the party ought to be found not guilty , and those two witnesses must prove the person guilty of the same sort or species of treason . as for example , if the indictment be for that species of treason of conspiring the king's death . both witnesses must prove some fact , or words tending to that very sort of treason ; but if there be two witnesses , and one proves the prisoner conspired the death of the king , and the other witness proves the conspiring to do some other sort of treason , this comes not home to prove the prisoner guilty upon that indictment , for the law will not take away a man's life in treason upon the testimony and credit of one witness , it is so tender of a man's life , the crime , and the forfeitures are so great and heavy . ☞ and as there must be two witnesses , so by the statute made in the 13th year of his now majesty , chap. the 1 st . ( intituled for the safety of his majesties person ) those two witnesses must not only be lawful , but also credible persons . see that statute in the 5 th paragraph , and the prisoner must be allowed to object against the credit of all , or any of the witnesses ; and if there be but one witness of clear and good credit and the rest not credible , then the testimony of those that are not credible must go for nothing by the words and meaning of this statute : see the statute . now were i a iury-man , i should think no such witness a credible witness , as should appear either by his own testimony , or upon proof made by others against him to have been particeps criminis , for that proves him to be a bad , and consequently not so credible a man ; especially if it can appear the witness has trapann'd the prisoner into the committing of the crime . then the witness will appear to be guilty of a far higher crime then the prisoner , and therefore ought not to be believed as a credible witness against the prisoner , for he is a credible witness that has the credit of being a good and honest man , which a trapanner cannot have , and this trapanning proves withal , that the trapanner did bear a spight and malice against the person trapanned , and intended to do him a mischief , and designed to take away his life . shall such a one be a credible witness , and be believed against him ? god forbid . ☞ then again , it cannot but be believed that such persons as have been guilty of the same crime , will out of a natural self-love be very forward and willing to swear heartily and to the purpose , in order to the convicting of others , that they may by this service merit their pardon , and save their own lives . and for this reason are not so credible witnesses , such as the statute of the 13 of car. 2. does require . read over the whole chapters of sir edward coke of high treason , and of petty treason ; for in this latter of petty treason there is much matter that concerns high treason . i wish with all my soul , and i humbly and heartily pray to almighty god , that these gentlemen that have given so great proof of their love to the true religion , and of the just rights and liberties of their country , and of their zeal against popery , may upon their tryal appear innocent , i am so satisfied of their great worth , that i cannot easily believe them guilty of so horrid a crime . i pray god to stand by them in the time of their distress ; i wish i might have the liberty fairly to give them the best assistance i could , in that wherein i might be any way capable of doing it . i beseech almighty god to heal our divisions , and establish us upon the sure foundations of peace and righteousness . i thank you for the favour you have done me , by imparting some publick affaires which might perhaps have been unknown to me , or not known till after a long time , for i keep no correspondence . when there is an occasion , pray oblige me by a farther accompt , especially what concerns these gentlemen : and tho' i have written nothing here but what is innocent and iustifiable , yet that i may be the surer against any disadvantage or misconstruction , pray take the pains to transcribe what notes you think fit out of this large paper , but send me this paper back again inclosed in an other by the same hand that brings it . ☞ there is nor ought to be no such thing as constructive treason , this defeats the very scope and design of the statute of the 25th of edw. 3. which is to make a plain declaration , what shall be adjudged treason by the ordinary courts of iustice , the conspiring any thing against the king's person , is most justly taken to be to conspire against his life . but conspiring to levy war , or to seize the guards is not conspiring against the king's life . for these are treasons of a different species . your faithful friend and servant r. a. the second letter . sir , i thank you for the unexpected accompt you gave me by your first letter , but this exact narrative you have now sent me of the tryal of the honourable excellent person my lord russel has exceedingly obliged me . it was a thing i much desired , but i knew not from what hand to gain it , for i was a little impatient to hear what could be prov'd of so foul a nature as high treason against a person of whom i had ever entertained a very high esteem ; and tho' i had a very small and short acquaintance with him , yet no man that has known any thing of the publick affairs , or of our late transactions could be a meer stranger to his great worth. he had as great a name for a true and honest english gentleman , and for good temper , and prudence , and moderation , as ever i knew any man have , and was generally belov'd by all that love our religion and country . i presume your relation of the proofs at his tryal is certainly true in every part , and in the very words , and it is a thing that might be had by many hands , the proceedings being so publick , and i suppose deliberate : presuming it to be true , this i will affirm , that upon this evidence , both that against him , and for him , ( might i have been permitted to have made his defence for him at his tryal after the evidence given ) i could easily have satisfied any equal and understanding iudicious man , that my lord ought to have been acquitted , and had i been one of the iury that try'd him , i make no doubt i could clearly have convinced all my fellows ( if they were honest and indifferent . ) that they ought not to have found him guilty . the species or sort of high treason that the witnesses inclin'd to prove against him , was a conspiracy with others to leavy war against the king. the two first witnesses , viz. rumsey and sheppard , tho what they say may raise a strong suspicion upon my lord , and make it probable that he was guilty , yet neither of them do come home and close to the person of my lord russel , as they do ( i confess ) against the earl of shaftsbury , sir thomas armstrong and ferguson . the first does not affirm , that the lord russel did joyn in the discourse , or agree to any thing in the consult , but only says , he was present , which extends no farther then to make a misprision of treason , and this too not directly and positively as legal proof ought to be , to convict a man of treason ; the later ( sheppard ) when he applies what he swore to the person of the lord russel only sayes , he believes the lord russel was there at that time when the discourse he speaks of was used , which is a very imperfect uncertain proof , and not positive enough ; so that neither of these were full witnesses . as to the evidence given by the lord howard against my lord russel , it is strange to me , ( as the evidence is stated ) that any credit should be given to it , that he should be believed against those execrations , that ( it seems ) he had so solemnly , and so lately used to the contrary of his evidence : especially when by giving this evidence , he must merit his own pardon , and save his own life , which extreamly takes off from the credit and weight of his evidence . what mr. west says , in rference to my lord russel , was but bare opinion and hear-say , and is no proof at all in law ; so that instead of two plain , direct , manifest , and positive and two credible witnesses as the law requires in treason , here is not in my opinion so much as one positive credible witness . the lord howard ( as your case and narrative states it ) is not credible , though direct and positive . none of the other three are positive , though more credible . in the statute of the 25th of edward the third of treasons , the word ( proveablement ) as sir edward coke observes upon it , in his third institutes , fol. 12. imports direct and manifest proofs , not presumptions and conjectures , and ( as may be added ) not probabilities ; and so the words ( per overt fact ) do ( as he observes ) strengthen that sence of the word ( proveablement ) and the act of treasons made since this kings time , requires there should be two credible witnesses . now , tho' the lord howard was not by the evidence offer'd against him by the lord russel utterly disabled from being a witness , yet i will be bold to say , it made him no credible witness in this case . that the lord russel made no use of these things in his defence , though a man of parts , is no wonder to me , the ablest man under that terrour , and upon so speedy a proceeding , and where it is impossible to be so composed and free from distraction , may easily pass by many just advantages , which a stander by with less abilities might quickly have apprehended . i am far from rflecting upon the court that try'd him , this matter that i observed , rested principally upon the iury. and he is found guilty and condemn'd , and it may be before this comes to your hand , put to death too ; if it have so hapn'd ( as possible it may ) that the earl of bedford , and his other great relations have prevail'd with the king for a respit of the execution , i wish and heartily beg of almighty god , that these considerations may yet be made use of to the king , ( with whom it then rests ) as tabula post naufragium , to save the life of this noble lord. much more then this may be said , were there such an opportunity before the king , ( and i so intend it and no otherwise ) and if i might be any ways serviceable in it , i would come up to london bare-foot , rather then neglect so good an office. and i ever thought it a severity in our law , that a prisoner for his life is not allowed the assistance of a grave and prudent lawyer , or some other friend to make his defence for him , even as to matter of fact , as well as to law. i know 't is said , the court is of councel for the prisoner , but for my part , i should never desire to depend upon that onely . i know what this is by experience . if the case be in any part of it mistaken , i have lost all my observations , and beg your pardon for all this trouble ; it is out of the great honour and zeal i have for that good lord , but the narrative you give is very ably and well composed , and in very good method , and i think could not have been better done , which inclines me to think it very true also . i could be contented the earl of bedford ( to whom i am known ) might have the view of this letter , if it come not too late , and may be thought of any use ; i heartily thank you for your favour , which obliges me to be , your faithful friend and servant , r. a. iuly 21. 1683. a defence of the late lord russel's innocency , by way of answer or confutation of a libellous pamphlet , intituled , an antidote against poyson . 1. the pamphlet stiles it self an antidote against poyson , but it is so far from deserving that title , that it may be truly said , that the antidote it self is the rankest poyson . we read in history that the noble emperour called henry of luxenburgh was poysoned in the sacrament , and pope victor was poysoned in receiving of the chalice : who could have suspected such horrid villany in the administration of such sacred and solemn rites ? who could without horrour and amazement contrive the mingling of a deadly poyson with the bread and water of life ? to make those consecrated elements ( which ought to be the savour of life unto life ) to be the dreadful messengers of sudden death ? surely had those outward signs been changed into the very body and bloud of the lord of life , ( as they that acted in those execrable villanies profess'd to believe ) there must needs have been a miracle wrought in altering likewise the substance and malignant nature of those poysons , that they should not have wrought those direful effects ; which yet they did . there appears the like wicked policy in the author of this pamphlet , who under pretence of prescribing an antidote against poyson , under the vizar and disguise of preventing mischief , does most deceitfully infuse the worst of poysons ; and labours to intoxicate a whole nation . this author would have the world believe that the noble lord in the composing of his speech was wholly govern'd by his confessor , and that the compiler of it was infected with those doctrines , that the northern climate has of late furnished us with . the very language and spirit of coleman ! sure the soul of coleman is by transmigration enter'd into this author ; it is easie to guess at his religion . he supposes all that were present at my lord's tryal must needs be surpriz'd to find the truth of the case so untruly and unfaithfully set down in my lord's speech . but whoever will take the pains to read the tryals publish'd by authority , ( which no man will suspect of partiality towards the person tryed ) will receive abundant satisfaction in the truth of what was said by the lord russel , and discover the shameless impudence of this malicious author . the indictment ( as we find it printed at large in the tryal , fol. 29. ) charges the prisoner , that he intending to disturb the peace of the kingdom , and to move war and rebellion against the king , and to subvert the government , and to depose or put down , and deprive the king from his title and kingly name of the imperial crown of his kingdom of england , and so bring and put the king to death and destruction . 2. nov. 34. car. 2. and at other times maliciously and traiterously with divers others did conspire , compass , imagine , and intend , 1. to deprive the king of his title and government . 2. and to kill the king , and to subvert the government . 3. and to move insurrection and rebellion against the king. and to fulfil and perfect these treasons , and traiterous compassings and imaginations , the said william russel did meet together with divers other traytors , and consult , agree , and conclude , 1. to move and stir up insurrection and rebellion . and , 2. to seize and destroy the king's guards . the operative and emphatical words of this indictment , are the intending , conspiring , and concluding . the things intended , and conspired were , 1. to move and stir up war and rebellion against the king. 2. to depose the king. 3. to kill the king. and in order to the accomplishing of these horrid crimes . the things concluded on were , 1. to move and stir up insurrection and rebellion . 2. to seize and destroy the guards . this is the very sum and true method of the indictment , if it be truly printed in the tryals . note , here is no open act or deed charg'd to be done by the lord russel , unless his meeting together with others be meant to be an open act or deed ; but then again that act of meeting terminates meerly in consulting , agreeing , and concluding . they met only to consult , agree , and conclude , but they acted nothing in pursuance of that consulting , agreeing , and concluding , for any thing that appears in the indictment , so that the meeting properly hath not the nature of an acting or action , or of a thing done ; but the effect of the indictment is , that the lord russel and others did consult , agree , and conclude to do something , but the indictment stops there , and goes no further , for it sets not forth any thing done at all , so that here is no overt act or deed , and therefore the indictment is void , for there is no act charg'd but meeting , and that was meerly in order to consult and agree , and they did agree upon a thing to be done , but it is not said they did it , or did any thing towards it , i repeat this the oftner that it may be the better understood and minded , being very material , read the indictment . the indictment is grounded upon the statute of 25 e. 3. cap. 2. ( the old statute of treasons . ) so the attorney general declares himself , fol. 49. of the tryal . now let us see how far this charge in the indictment will make my lord guilty of any treason within that statute . the body of that statute of 25 e. 3. of treasons is printed together with 〈…〉 see the tryal , fol. 50. so that it need not be repeated here , though● there are some other clauses in that statute not printed in the tryal . the occasion of making that statute appears to be the variety of opinions , that then were , what should be accounted treason , and what not , which was very mischievous to the subjects , and gave too great a liberty to the judges of the ordinary courts . to cure this mighty mischief , and to prevent that arbitrary power of judges , this excellent statute makes a declaration what shall be adjudged treason by the ordinary courts of justice , not but that there might be like cases or other facts amounting to treason , besides those there enumerated , but those other facts or treasons must not be adjudg'd by those ordinary standing courts , ( such as the goal-delivery of newgate , and the court of the king's-bench at westminster itself are ) but in such cases those courts must forbear proceeding , and the case must be reserv'd for the determination of the king and parliament : see that statute in the printed statutes at large . so that the court of goal-delivery at newgate must judge only and proceed upon no other treasons but what are there enumerated and specified . now the treasons in that statute enumerated and specified ( for the word ( specified ) is the very word used by that statute ) are these . 1. compassing or imagining the death of the king. queen . prince . 2. violating or carnally knowing the queen . king's eldest daughter unmarried . prince's wife . 3. levying war against the king , ( not a compassing or imagining to levy war ) but an actual levying war. it must be a war begun , and several other sorts of treasons are there specified , not to our purpose to be recited . the statute further requires that the person indicted be proveably attainted of some one of these teasons by overt deed , that is some open manifest act , or deed done , which must of necessity also be expresly set down in the indictment , and fully and clearly proved at the tryal by two witnesses . see sir coke's third institutes in his chapter of high-treason , fol. 12. in his exposition of the words of that statute , ( per overt fait ) and there fol. 5. upon the words , ( fait compasser ) he tells you the nature of that open deed that the statute intends . it must be a deed , and not meer words ; it must be a deed tending to the execution of the treason imagined : that deed must be an open deed ; that is , it must be fully proved and made open and manifest at the tryal by clear proof . so that if the indictment fail of setting forth one of those treasons that are there enumerated , it is not a good indictment upon that statute . if it do set forth one of those treasons , yet if it do not set forth some open deed done by the party indicted , that is , such a deed as does properly and naturally tend to the execution of that sort of treason set forth in that indictment . in such case also the indictment is not good . if both these , viz. the treason intended , and a proper suitable open deed be well set forth in the indictment ( which make a good indictment ) yet if that very sort of treason intended and that open deed or fact so set forth in the indictment , be not also fully clearly and manifestly proved upon the tryal against the prisoner , he ought to be acquitted . it will not suffice either to prove it by one witness , or to prove any other sort of treason ( not charg'd in the indictment ) nor any other overt deed , other then what is so set forth in that indictment , tho' it be by never so full a proof , but upon that indictment the prisoner ought to be acquitted , if that special treason , and that special overt or open deed set forth and expressed in that very indictment be not fully proved . now let us examine the indictment in this case against the lord russel , and the proofs against him as they are published by authority , and observe how they agree with the statute , and how the indictment and proofs agree the one with the other . it may be admitted that here is in the indictment against the lord russel , a treason sufficiently charged and set forth , viz. one of the treasons specified in that statute of 25 edw. 3. namely , that the lord russel did compass and imagine the death of the king. this is not denied ; but it is duly charged in the indictment . for those other charges in the indictment , viz. his intending to depose the king , and his intending to move or levy war and rebellion against the king ; these are inserted into the indictment as aggravations of that horrid crime of intending to kill the king , or as open acts of the other , but of themselves alone , they are no distinct substantive charges ; nor are they any of the treasons specified in this act , upon which act this indictment is solely grounded . for tho' by the act of 13 of this king that now is chap. 1. entitled ( an act for the safety and preservation of the king's person ; ) it is made high-treason ( during the now king's life only ) to compass or imagine to depose the king ; or to compass or imagine to levy war against the king : if such compassing or imagination be expressed by speaking or writing , ( altho' without any open deed ) yet the lord russel was not indicted upon that statute , ( as the atturney general himself acknowledged openly at the tryal ) but only upon the old statute of 25 edw. 3. so that those late made treasons are not to our purpose . so that the only treason charg'd in the indictment as a substantial charge , is , that of imagining to kill the king. and so the lord chief justice agrees in his direction to the jury . see the tryal , fol. 61. but , where is that other requisite , that other most material part of the indictment , of the open deed or act ? without which the rest serves for nothing . for it is not enough by this statute to make a man guilty of conspiring or imagining the death of the king , unless the party indicted have expressed that imagination by some open deed ; and that must be plainly set down in the indictment too , or else the indictment ( as was said before ) is no good indictment . and it must appear to the court , upon the indictment , not only to be an open deed , but such a deed as has a natural aptitude and tendency to the execution of that very treason so imagined . and there is no such set forth in this indictment , and therefore the indictment it self was insufficient and void . and that which seems to have a colour of an overt fact , or open deed set forth in this indictment , was not fully and sufficiently proved neither ; and then tho' the indictment had been sufficient , yet for want of due proof , the party indicted ought to have been acquitted . to these two points or matters , shall the ensuing discourse confine it self : and if this undertaking be made good , the antidote will appear to be a rank poison ; the lord russel's speech justified , and his innocency and loyalty cleared , and his honour vindicated . the overt fait or open deed set forth in the indictment ( if there be any ) are the things said to be consulted of , agreed and concluded on , viz. to move and stir up insurrection and rebellion . 2. to seize and destroy the guards . ( peruse the indictment carefully . ) now neither of these are open deeds in the nature of them . the first , which is to stir up insurrection and rebellion ; this is a distinct species of treason it self , it is the same with a levying of war ( specified in this statute of 25 edw. 3. which is the only statute we have to do with in this case of my lord russel ) and if it had been set forth in the indictment as a deed done , or thing acted ; that is , if it had been laid in the indictment , that the war was actually levied , or the insurrection or rebellion actually raised or stirred up , ( as it is not , for it is only mention'd as a thing agreed and concluded on , and not done ) yet it had not been a sufficient proper overt fait , or open act , to make it a good indictment ; because ( as is said before ) levying of war is a distinct species from that of compassing to kill the king ; and therefore cannot be made an overt fait or open deed , to manifest an imagination of killing the king. for that one species of treason cannot be a proper open act to another species of treason , as will be proved hereafter . sir edward coke in his third institutes , fol. 14. in the third clause or paragraph of that folio , tells us , that the connexion of the words are to be observ'd , viz. ( thereof be attainted by overt or open deed. ) this , says sir edward coke , relateth to the several and distinct treasons before expressed ; whereof that of imagining to kill the king , and that of levying war against the king , are two distinct species of high-treason . and therefore says sir edward coke , the one of them cannot be an overt act for another ; that is , levying of war cannot be an overt act , for that sort of treason in imagining to kill the king ; much less when the indictment does not charge it as a war actually levied , but only an agreement or conclusion for levying a war. such agreement can be no open deed to manifest an intent or imagination of killing the king. this is the main question between us . the other only colour or pretence to an overt fait , or open deed , must be that of seizing or destroying the king's guards : for no other but these two are set forth in the indictment , or look any thing like overt or open acts. and this latter is nothing like to an overt fait or open deed , in the nature of it , for it is not said to be done , but only agreed on , and concluded on to be done . if it had been but alledged in the indictment , that in pursuance of this agreement or conclusion of the conspirators , a view was accordingly taken of those guards , and reported to the rest ( whereof the lord russel was one ) that it was feasible ; ( whereof there is some colour of proof against some of them ) this had been more to the purpose : but being laid so imperfectly as it is , the indictment itself must needs be insufficient , for the reasons before given . but , alas ! the noble lord is gone , and he is gone from whence he would not be re-call'd , a place of infinite bliss and glory , out of a spiteful malicious world : it is we , it is the king and kingdom , it is the whole protestant part of the world that suffers the enestimable loss of him . not to speak of the unspeakable grief of his dear and disconsolate widdow , and other noble relations : factum infectum fieri nequit . so that we may seem to labour in vain , and it comes too late ; but something may be done for the benefit of his hopeful posterity , and some small satisfaction may be made to his noble family , by a writ of errour for reversing of this attainder , and the avoiding of the record ; for the statute of 29 eliz. cap. 2. extends only to such attainders for high-treason as then had been before the making of that statute , and does not hinder a writ of errour in this case , if the king will sign a petition for it . but to examine this last overt fait or open deed a little further : viz. to seize and destroy the king's guards . the guards ; what guards ? what , or whom does the law understand or allow to be the king's guards , for the preservation of his person ? whom shall the court that tried this noble lord , whom shall the judges of the law that were then present , and upon their oaths , whom shall they judge or legally understand by these guards ? they never read of them in all their law-books . there is not any statute law that makes the least mention of any guards . the law of england takes no notice of any such guards ; and therefore the indictment is uncertain and void . the king is guarded by the special protection of almighty god , by whom he reigns , and whose vice-gerent he is : he has an invisible guard , a guard of glorious angels . non eget mauri jaculis nec arcu ; nec venenatis gravida sagittis . ( crede ) pharetra the king is guarded by the love of his subjects . the next under god and the surest guard. he is guarded by the law and courts of justice . the militia and the trained-bands are his legal guard , and the whole kingdoms guard. the very judges that tryed this noble lord were the king's guards , and the kingdoms guards , and this lord russel's guard against all erroneous and imperfect indictments , from all false evidence and proof , from all strains of wit and oratory mis-applied and abus'd by councel . what other guards are there ? we know of no law for more , king henry the seventh of this kingdom ( as history tells us ) was the first that set up the band of pensioners : since this the yeomen of the guard , since them , certain armed bands commonly now adays ( after the french mode ) called the king's life-guard , rid about and appearing with naked swords to the terrour of the nation , but where is the law ? where is the authority for them ? it had been fit for the court that tryed this noble lord on this indictment to have satisfied themselves from king's councel what was meant by these guards ; for the alledging and setting forth an overt fait , or open deed in an indictment of treason must be of something that is intelligible by law , and whereof judges may take notice by law : and herein too the indictment failes and is imperfect . but admit the seizing and destroying of those who are now called the king's life-guard , had been the guard intended within this overt fait , or open deed ; yet the indictment should have set forth that de facto , the king had chosen a certain number of man to attend upon and guard his person , and set forth where they did attend , as at white-hall , or the mews , or the savoy , &c. and that these were the guard intended by the indictment , to be seiz'd and destroy'd , that by this setting forth the court might have taken notice judicially what and who were meant ; but to seize and destroy the king's guards , and not shew who , and what is meant , makes the indictment very insufficient . so much as to the indictment itself . in the next place let us look into the proofs as they are at large set forth and owned in the printed tryal , and let us consider how far those proofs do make out the charge of the indictment , viz. the compassing and imagining the death of the king , and how far they make out that overt fait , or open deed ( such as it is ) , of seizing or destroying the king's guards , in order to the effecting of that compassing and imagining the death of the king , and it must appear by proof to be in truth so intended by the conspirators , and levell'd to that end , for if it were done , yet if it were done quite to another intent and purpose , and not to that of compassing the king's death , it does not come home to this indictment . there are but three witnesses that can be thought to bring the matter home , and to fix any thing upon the lord russel , col. romsey , mr. sheppard , and the lord howard . it is true , two of the three , that is col. romsey , and the lord howard positively prove a trayterous design , or a discourse at least by some of the company of making an insurrection or rebellion , or ( to speak it in the language and phrase of this statute of 25 e. 3. ) of levying a war against the king , ( for all these signifie one and the same thing ) and they prove the lord russel was sometimes present at those meetings ; but is that enough ? admit he were present and heard the debate of it ; ( which yet is not fully and directly prov'd ) yet if he did not joyn in the debate and express , and some way signifie his approbation of it , and consent to it , it makes him not at all criminous . it is true , his after concealing of it might have made him guilty of misprision of treason , but that is a crime of another nature , and is another distinct genus of crimes , of which he was not indicted . col. romsey as to the overt fait ( as they would make it ) says there was some discourse about seeing what posture the guards were in , and being asked by one of the jury , by whom the discourse was , he answers , by all the company that was there , ( whereof as he said before the lord russel was one ) so that my lorld russel may ( i agree ) be understood to be one that discours'd about seeing what posture the guards were in . nay the colonel says all the company did debate it , and he says further , the lord russel was there when some of the company undertook to take the view of those guards , and being asked by the attorney general to what purpose the view was to be , the colonel answers , it was to surprise our guards , if the rising had gone on . the chief justice observing to the witness that he ought not to deliver a doubtful evidence , and to speak it with limitations , that made it not so positive , as by saying , ( i apprehend so and so ) then the colonel grows more positive , and says further , that a rising was intended ; but afterwards he says , there was no debate of the rising . at last the witness being asked by sir george iefferies whether the prisoner were present at the debate concerning the message from the lord shaftsbury to the company then met , and the answer return'd to it : he flatly says the prisoner was present at that debate , ( which debate did indeed concern the rising ) being ask'd by the same person whether my lord was averse to it , or agreeing to it . he answers like an eccho , agreeing to it . nay , then he says my lord russel did speak , and that about the rising of taunton , and that he did discourse of the rising , but what were his words ? being question'd again by the chief justice , whether my lord did give any consent to the rising , he answers still like an eccho , my lord did : and this last answer , is the weighty part of his evidence , if there be any weight at all . now mind the defect of the witness 's memory in some other most material passages . he thinks the lord grey did say something to the same purpose , with the answer deliver'd by ferguson to the lord shaftesbury's message . he does not know , ( says he ) how often he himself ( the witness ) was at mr. sheppard's house , where this debate was . he says he was there more then once , or else i heard ( says he ) mr. ferguson make a report of another meeting to the lord shaftsbury . and then he says that this was all at that time that he remembred , and before this he had said no more against the lord russel , but that he was present , and after this upon much interrogating of him , he proceeds to tell a great deal more , indeed all the rest that has been before observ'd to proceed from him . and after all , he says he thinks he was not there above a quarter of an hour . he says he was not certain whether he did hear something about a declaration there , or whether mr. ferguson did report it to my lord shaftesbury , that they had debated it . and the witness speaking of a view to be taken of the guards , to surprize them : the lord chief justice seems to be surpriz'd at that word : the guards ! he never met it in all his books . what guards ? why you know it is mention'd in the indictment ; but he might yet very well ask what guards : and the colonel answers , the guards at the savoy and the mewse . the colonel says , he thinks the duke of monmouth , and the lord grey , and sir thomas armstrong were the persons that undertook to view the guards . and he thinks sir thomas armstrong began it , and mr. ferguson . and he says further direction was given to take a view of the guards , if the rising had gone on , ( as it never did ) and then he mentions the very day that had been appointed for the rising , viz. the 19th of november ; and that the message from the lord shaftsbury was , he thinks , a matter of a fortnight before that day , or something more ; for he thinks it was concluded sunday fortnight after my lord grey met . the mention of my lord russel's consent to this rising , comes in at the last , and after many questions ask'd him , and not till that very particular question was put to him , and he answers in the very same words as the question was ask'd . the chief justice ask'd him in these words , did my lord give any consent to the rising ? the colonel's answer was yes my lord he did . but how did my lord russel signifie that consent ? what words did he use that may clearly express it ? for this is the pinching proof if it had been certain and clear'd by remembring the manner of his consenting , or how it did appear . why was not this put home to the witness ? this is the material part of his evidence , without which the rest had not come home to the prisoner : and why did not the witness deliver this of himself , and before his giving this home evidence he had said , that was all at that time that he remember'd : and this was at the same time with that of the message , and of the discourse about viewing the guards . he afterwards doubts whether he was any more then once there with that company , or whether he heard mr. ferguson report things to the lord shaftsbury , which shews a wild kind of memory in a witness , and the colonel is no fool , nor baby ; so that there is but one time positively spoken of by this witness . how strangely uncertain is he in the matter of the declaration , to which he was examined ? a most noted thing , and he cannot tell whether he heard any thing of it there , or whether mr. ferguson told him of it . it is to to be suspected too , that what he has deliver'd positively at last so late in his evidence , and after so much interrogating of him , was but meer hearsay too , and then it would not have been any evidence . he has not it seems a good distinguishing head or memory , as a witness ought to have in case of life , and a life of so high a value as this of that noble lord. and many other material passages this witness delivers under that limitation as ( he thinkes ) . the rising was intended , but never took effect ; and the view was no more then appointed and undertaken ; but the seizing of the guards , as this witness says , was not to be unlesss the rising had gone on ; which it never did . he speaks nothing of any view made of the guards , or any report upon it : but he swears my lord russel consented to the rising . that is his stabbing evidence ; but by what words , or how he signified his consent , not a word , tho' mighty material . but what is this conspiracy for a rising ? and a conspiracy to seize the guards ? ( in case the rising had gone on : ) what are these to the crime charged in the indictment against the lord russel for conspiring the death of the king ? here is not a word of any such matter , nor of seizing the guards in order to it , no not one word . and that is the only material part of the indictment ( as shall appear more plainly hereafter . ) the second witness , mr. sheppard , mentions the meeting ( at his house ) of the duke of monmouth , and among the rest , the lord russel , and they discours'd of surprizing the guards , and that the duke , the lord grey , and sir thomas armstrong , ( as he remembers ) went one night to view the guards , and the next day at his house they said it was very feasible , if they had strength to do it . and then he says there was two meetings there , and , as he remembers , my lord russel was both times there . being ask'd by the attorney-general , besides the seizing of the guards , if there were any discourse of a rising . he answers , he did not remember any further discourse ; for he was often gone out of the room . and this is the effect of that he says . if any thing of this comes near my lord russel , it is those words , first giving an account of who they were that were met , and that my lord russel was one of them , he says the substance of their discourse was how to surprize the king's guards . this may be true , if one or two of the company only discourses it ; for it does not necessarily affirm that every one did speak in that discourse . he does not mention one word spoken by my lord russel , nor that he approv'd of , or consented to any thing . at the worst , for any thing that he says , it can be but misprision : he can say nothing as to the intended rising . now colonel romsey's evidence is altogether of that rising , and the seizing of the guards , was to have been if the rising had gone on ; and this was at the same time that mr. sheppard speaks to , and yet mr. sheppard being ask'd if there was any discourse of a rising , he answers , he did not remember any further discourse . nor does colonel romsey certainly remember any thing of a declaration read amongst them , whether he heard it there , or whether by mr. ferguson's report of it to my lord shaftsbury , which is one of the principal things that mr. sheppard speaks to , ( besides that of seizing the guards . ) and as to the declaration , mr. sheppard says , he cannot say my lord russel was there when that declaration was read . so they agree in nothing but in the discourse of seizing the guards , and that my lord russel was then present . so that as yet the sum of the proof by colonel romsey is that my lord russel consented to the rising , which is too general , and the sum of the proof by mr. sheppard is that my lord russel was present in company when the company discours'd of seizing the guards , but he knows nothing of the rising . the third witness ( the lord howard ) discourses much about a conspiracy to rise , but he speaks most ( of what he says ) by report from the earl of saftesbury , and from the duke , so it goes for no evidence against my lord russel , and the chief justice did the prisoner that right , as to declare as much to the jury ; and the lord howard cleares the duke from any such horrid act as the killing the king ; the duke said he would not suffer it ; and if the duke be innocent in that , it is probable that my lord russel and the rest of the company that met had no discourse about killing the king , nor any thought that way , which yet is the great and only substantial charge of this indictment , which must still be minded and observed . my lord howard does indeed prove two several consults , one at mr. hambden the youngers , the other at my lord russel's about the middle of ianuary last , and after , and that my lord russel was at both , and these consults were of an insurrection , and where to begin it , and of providing arms , and money , and of sending into scotland to settle an understanding with the lord of argile ; and being asked what my lord did say , he answers thus , viz. every one ( says he ) knows my lord russel is a person of great iudgment , and not very lavish in discourse . but did he consent ? was a question ask'd by sir george iefferies , the lord howard answered , we did not put it to the vote , but it went without contradiction , and i took it that all there gave their consent , that my lord russel joyn'd in the chusing a councel of six , that he approv'd of his being chosen for one , that he said one word in these two consults , there is not any proof by the lord howard , only he says , he took it that all there consented . is that enough ? oh strange evidence ! i will not here take notice , or examine how far the lord howard is a credible witness in this case , but rfer the reader to the testimony of my lord of anglesey , mr. howard , and dr. burnet : or how far any of the three witnesses are to be believ'd , having all three upon their own testimony been participes criminis , and it is suppos'd have their pardons , or are promis'd pardons : not that this is offer'd to disable them quite from being witnesses , but surely all things consider'd it much lessens their credit in this case ; nor does it make them the more credible because no other witnesses can be had : but then consider that most excellent character given of the prisoner by persons of honour , and of the highest esteem for ability and integrity , and such as contradicts and is inconsistent with the charge of the indictment , and whatever is of weight in the evidence against him , and especially if you give any credit to the lord howard himself , who upon his oath does declare , as in the presence of god and man , that he did not believe that either the duke of monmouth , or my lord russel had any design to murder the king ; which is the only effectual charge of this indictment . these things considered , it seems very strange to me how the lord russel could be found guilty of a compassing and imagining the death of the king ; for so is the verdict . this answers most of the observations made by the author of the antidote upon my lord russel's speech , restraining the expression , as he says , of his innocency to the design upon the king's life , and to killing of the king , and of his omitting to mention the general rising : which as this author boldly affirms , was fully proved upon him ; and that my lord's professions of his innocency , as to any plot upon the king's life , or to kill the king , or his knowing any thing thereof , these ( says the author ) are no plain declarations of his innocency , as to the crime charged and proved upon him , of conspiring and consulting to raise an insurrection . nor was there any need of my lord 's answering that , for it was little material . how uncertain , how dis-agreeing , how unapplicable to the charge of the indictment those proofs are , has been fully observ'd already ; and the author grosly mistakes in his judgment , when he takes the conspiring and consulting to raise an insurrection , to be the crime charged in the indictment ; for ( as was observ'd before ) the charge of the indictment is , the compassing and imagining to kill the king ; and that of a conspiracy to raise an insurrection , or to levy war , is none of the crimes or treasons enumerated or specified in the act of 25 e. 3. and therefore could not be the crime charged in the indictment , which is grounded only upon that act of 25 e. 3. ( as the attorney-general acknowledges ) for it is an actual levying of war , and not a conspiring only to levy war , or raise an insurrection , that is the treason specified in that act of 25 e. 3. and therefore the mention of other things are but by way of aggravation for the more ample setting forth of the crime charged , which is of compassing the king's death , and that the conspiring to make an insurrection , cannot be an open deed to prove a compassing the king's death , has been already spoken to , and shall be yet more fully . nor is the author more mistaken in his observations upon the matter of fact , and his unwarranted conclusions and inferences raised from thence , then he is in his determinations of matters in law arising from that fact. the death of the king ( says the author ) in that law of 25 e. 3. is not restrained to killing of his natural person , but extends as well to his civil death as natural : as to conspire to depose the king , to imprison him , or laying any force or restraint upon him ; these ( says the author ) are all high-treason , for compassing his death , natural or civil . if so , why then we are at never the more certainty for this excellent law of 25 e. 3. i agree , that conspiring to depose the king , to imprison him , are treasons ; but it is not so plain that they are treasons within this law of 25 e. 3. upon which this indictment is grounded . it is true they are made treason by the late act of 13 of the now king , and have by several temporary acts ( such as this of 13 car. 2. is ) been made treason : but this proves that they were not judged by those parliaments , that pass'd those temporary acts , to be treasons within the statute of 25 e. 3. for why then were these temporary acts made ? what need was there of them ? sir edward coke 3 inst. fol. 9. in the last paragraph but one , of that fol. says , a conspiracy to levy war , is no treason ; he means within the act of 25 e. 3. but it has been made treason since sir coke's time , viz. by 13 car. 2. and let it be remembred , that the great end of making this excellent law of 25 e. 3. ( as appears by the preamble ) was to avoid uncertainty , and variety of opinions , and to prevent the arbitrariness of judges , in the ordinary courts ; and the act takes care , that doubtful cases , such as are not plainly within the enumeration of the act , are to be reserv'd for the judgment of the king and parliament . and herein consists the excellency of this law : quoad fieri possit , quam plurima legibus ipsis defineantur : quam paucissima ' iudicis arbitrio relinquantur . and as the learned lord bacon in his advancement of learning , fol. 447. says , that is the best law , which gives least liberty to the judge ; he the best judge that takes least liberty to himself : misera est servitus ubi jus est vagum . and this law is a declaration of law , and therefore ought not to be extended to like cases in the construction of it : and it is made in the punishment of the greatest offences , and is as penal as a law can be ; and therefore ought not to be expounded by equity , that is , to be extended to like cases . it is true , the opinion of the judges hath been , that conspiring to depose or imprison the king , is a compassing or imagining the death of the king. and if a man declares by overt-act , that he will depose or imprison the king ; this , says sir edward coke , 3 iust. fol. 6. upon the word ( mort ) is a sufficient overt-act , for the intent of killing the king : mind him well , he does not say that conspiring to depose or to imprison the king , is an overt-act , to prove the conspiring the king's death ; which is the opinion the antidoter maintains , and for which he cites all his cases afterwards cited . but sir e. coke says , that conspiring to depose or imprison the king , being declar'd by overt-act , this overt-act is also a sufficient overt-act for the intent of killing the king. it is one thing to conspire to depose the king. and another thing to declare , that conspiring by some open act : they differ as much as thinking does from acting . now in this case of the lord russel , the author of this antidote , and some others ( as appears by the printed tryals ) would have us believe that very conspiring to levy war , is an overt-act to prove the compassing and imagining the king's death : for which there is not the least ground from sir edward coke . first they are different species , as sir edward coke observes in his third institutes , fol. 14. the third paragraph ; and therefore ( says he ) the one of them cannot be an overt-act for another . that is , conspiring to levy war , nay the actual levying of war too , is one species of treason , cannot be an overt-act for the compassing the death of the king , which is another species of treason . but this is that the antidoter labours ; only says sir edward coke , the overt-act of the one , may be an overt-act for another sort or species of treason . and i agree it , if the overt-act in the one sort of treason , may as fitly , and as properly in its own nature , and as equally be also an overt-act in the other sort , and had a tendency to the execution , of that other sort ; and it also does appear by the proofs , to be so intended by the conspirators : as for example , actual seizing of the king's guards ( not a conspiring to seize the king's guards , and such guards as are not plainly set forth in the indictment what they are ) may in its nature be an overt-act , to make manifest the compassing of the king's death , and is an act proper enough , and has in its nature a tendency towards the execution of the conspiracy to kill the king ; but then it must be proved to be so intended and designed ; that is , in order to the killing of the king ; but if it appear otherwise upon the proof ( as here it did ) that it was not so intended , but design'd meerly in order to a rebellion , and levying of war ( for which also it is as apt , and proper in its nature , and has as great a tendency that way ) . then it cannot be applied nor made use of as an overt-act , to prove the compassing the king's death ( as in this case of my lord russel's it was ) . for this , ( as sir edward coke well says , fol. 14. the latter part of the third paragraph of that fol. ) would be to confound the several classes or species of treason ; and the confusion of species is abominable in nature . and where sir edward coke seems to comply with the opinion and practice of some judges , that the overt-act of deposing may be a good overt-act of killing ( which with the distinction that i have offered , is just enough ) yet he has some hesitation ; for he concludes that opinion of his with these words , fol. 6. in his third instit. upon the word ( mort ) but ( says he ) peruse advisedly the statutes of 13 eliz. cap. 1. and why those statutes ? because by those statutes conspiring to depose the queen are made treasons ; which needed not ( as has been observ'd already ) if they were treason , within that clause of compassing the king's death , within the statute of 25 e. 3. the like may be observ'd in many other such temporary laws , as that of 25 h. 8. cap. 22. 26 h. 8. c. 13. 28 h. 8. c. 7. 1 e. 6. cap. 12. & 5. & 6. edw. 6. cap. 11. and it is worthy observation , tho' by way of a short digression , that in many , if not in every one of these temporary laws of treason , there is an express clause and provision still , that concealment , or keeping secret of any high-treason , should be adjudged misprision of treason : as if there were great need of that caution , least the judges might judge concealing of treason , for high-treason . now to shew the tenderness that the judges heretofore shewed in the expounding of this statute of treasons , of 25 e. 3. and how cautious they were in extending it beyond the strict sence and letter of the statute : read , the case in mich. 19. hen. 6. fol. 47. case 102. a man was indicted in the king's-bench of petty-treason ( which is declared too by the same statute of 25 e. 3. c. 2. ) for killing his mistress , whom he serv'd : and because the words of this statute of 25 e. 3. declares it petty-treason where the servant kills the master , they were in doubt whether it ought to be extended to the mistress or not : and there the judges of the king's-bench ( before whom the case was ) sent to the judges of the court of common-pleas , then sitting , and to the serjeants there , to know their opinion of the case : and by advice of all the judges of both courts , it was adjudged petty-treason for the servant to kill the mistress , not only within the meaning , but within the very words of that statute , for master and mistress are in effect but one and the same word , they differing only in gender . sir edward coke says , 3 instit. fol. 20 , & 22. the judges shall not judge a simili , or by equity , by argument , or by inference of any treason , but new , or like cases , were to have been rferred to the determination of the next parliament : vbi terminatae sunt dubitationes iudiciorum : says bracton . let us in the next place examine the authorities in law , and book-cases , cited by this author of the antidote , and see how far they make good his opinion , that meeting and consulting to make an insurrection against the king , or raise a rebellion ( which is the same with levying war , within the words of 25 e. 3. ) tho' the rebellion be not actually raised , is high-treason , within this law of 25 e. 3. for so he proposes the question , fol. 5. of his book , and if he does not confine his argument to that statute , he says nothing to the lord russel's case . to prove that meeting and consulting to make an insurrection against the king , or raise a rebellion within the kingdom ( tho' the rebellion is not actually raised ) is high treason within the statute of 25 edw. 3. cap. 2. ( which put all together , is the position the antidoter maintains . ) he cites the case of constable , mentioned in calvins case , sir edward cokes 7th rep. fol. 10. b. and thence infers , that whatsoever tended to the deposing of queen mary , was adjudged treason for compassing her death . and this no man denies , and it agrees with the judgment of sir edward coke , in his chapter of treason , fol. 6. upon the word ( mort ) where he says , he that declareth by overt act to depose the king , does an overt act of compassing and imagining the death of the king , and so says sir mathew hales pleas of the crown , fol. 11. towards the latter end . but what is this to the point in hand , which meerly concerns a meeting , and consulting to make an insurrection , or raising a rebellion , which is the same thing with conspiring to levy war ? conspiring to depose the king , and conspiring to leavy war are different things . as conspiring to leavy war , is clearly held to be a distinct treason from conspiring the death of the king ; and therefore the former of these ( as hath been before observed ) cannot by law be an overt act of the latter , as appears by the said treatise of the pleas of the crown , fol. 13. towards the latter end . nor was conspiring to leavy war without an actual levying of it , any treason within the statute of 25 edw. 3. upon which statute onely the indictment of the lord russel is grounded , as is acknowledged by the atturney general ; and therefore to supply that defect , the statute of 13 car. 2. does expresly make it to be treason , but the lord russel was not indicted upon that statute of 13 car. 2. and for this reason he ought to have been acquitted upon this indictment , grounded onely upon the statute of 25 e. 3. and if practising with a foreign prince to make an invasion , ( when no invasion followed , as the case of doctor story was ) dier 298. be all one with conspiring to levy war , when indeed no war is raised . it is out of all dispute , that such practising and such conspiring cannot be treason within the statute of 25 e. 3. tho' it be treason within the statute of 13 car. 2. in the case of the lord cobham , 1 iacobi , there was more in the case then conspiring to make an insurrection , ( which is all that the author of the antidote takes notice of ) there was also an actual rebellion raised , as appears by the said little treatise , styled the pleas of the crown , fol. 13. for the people were there assembled to take the king into their power , as that book puts the case of the lord cobham . and so it is in the case of the lord grey , for there they not only conspired to make an insurrection , but further to seize the king , and get him into their power ; which is a direct conspiring against his person , which naturally tends to the destruction of his person , and is the same with conspiring his death , as hath been usually expounded : but 't is otherwise meerly to conspire to make an insurrection , which can be no more than conspiring to levy war. the case of sir henry vane and plunket , had many other ingredients to mount them up to treason , which difference them from my lord russels case . as to the point of misprision of treason , with which the author of the antidote concludes , i have fully declared my opinion already , in the former part of this discourse , and i think plainly evinced , that though the noble lord might be present , while others might between themselves privately debate matters , and conclude upon them , yet it did not clearly appear by any proofs that this noble lord ever gave the least consent to what was so concluded , without which consent it could not amount to treason , but at the most be a misprision onely . nor must any mans life be taken from him , upon presumptions or probable arguments , but by plain , direct , and manifest down-right proofs . but a more strong , and indeed a violent presumption lay quite the other way , that this noble , prudent , and pious lord , could never be guilty of such a crime , as to conspire the death of king charles the second ; it was extreamly against his interest so to do , for the life of that king , so long as it continued , by the blessing of god was the great security , both he and all good protestants had against the greater danger that might happen by the change arising by the death of that king , of loosing our religion , and all our civil and religious rights , as the experience we have lately had , hath sadly taught us . and if any thing were consulted between this excellent lord , and those with whom he met , as is more than probable , it was how to secure themselves against those dangers they saw so near approaching , if the life of king charles the second should fail , there was so great a cause to fear them , considering who was like to succeed in the throne . finis . oxford besiedged surprised, taken, and pittifully entred on munday the second of iune last, 1645. by the valiant forces of the london and westminster parliament. written, by a trusty wellwisher of theirs, who sted-fastly hopes, and heartily prayes, they may have the like prosperous successe in all their future undertakings. the writers name and surname begins with the 9th letter of the greeke alphabet, io-ta. taylor, john, 1580-1653. this text is an enriched version of the tcp digital transcription a64191 of text r222419 in the english short title catalog (wing t494). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 16 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a64191 wing t494 estc r222419 99833597 99833597 38075 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a64191) transcribed from: (early english books online ; image set 38075) images scanned from microfilm: (early english books, 1641-1700 ; 2179:4) oxford besiedged surprised, taken, and pittifully entred on munday the second of iune last, 1645. by the valiant forces of the london and westminster parliament. written, by a trusty wellwisher of theirs, who sted-fastly hopes, and heartily prayes, they may have the like prosperous successe in all their future undertakings. the writers name and surname begins with the 9th letter of the greeke alphabet, io-ta. taylor, john, 1580-1653. [1], 7 p. by l. lichfield], [oxford : printed in the last year of the parliament's raigne, 1645. "a trusty wellwisher" = john taylor. place of publication and printer from wing. a humorous account of a pretended capture of oxford on june 2, the same day the royalists made a successful sortie at headington hill. some print show-through. reproduction of the original in the bodleian library. eng university of oxford -humor -early works to 1800. england and wales. -parliament -humor -early works to 1800. royalists -humor -early works to 1800. peace -controversial literature -humor -early works to 1800. great britain -history -civil war, 1642-1649 -humor -early works to 1800. a64191 r222419 (wing t494). civilwar no oxford besiedged, surprised, taken, and pittifully entred on munday the second of iune last, 1645. by the valiant forces of the london and w taylor, john 1645 2913 5 0 0 0 0 0 17 c the rate of 17 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-05 tcp assigned for keying and markup 2002-06 spi global keyed and coded from proquest page images 2002-08 judith siefring sampled and proofread 2002-08 judith siefring text and markup reviewed and edited 2002-10 pfs batch review (qc) and xml conversion oxford besiedged , surprised , taken , and pittifully entred on munday the second of iune last , 1645. by the valiant forces of the london and westminster parliament . written , by a trusty wellwisher of theirs , who stedfastly hopes , and heartily prayes , they may have the like prosperous successe in all their future undertakings . the writers name and surname begins with the 9th letter of the greeke alphabet , io-ta . printed in the last year of the parliament's raigne . 1645. oxford besiedged , surprized , taken , and pittifully entred , on munday the second of iune last , 1645. by the valiant forces of the london and westminster parliament . london and westminster , ( though neither of you are my native or naturall mother , yet ) i was borne in glocester , a city that hath stood to it in our loyall and obedient warres against the king , not much inferiour for parliamentall obedience or publique faith and confidence to you , as hath been obstinately manifested . but leaving glocester , with her massy zeale and valour , i returne my loving remembrance to london , who hath been , and is the inexhaustible magazine for men , mony , and maintenance , for the supportation of those durable , famous and lasting warres against the king , ( which the cavaliering and malignant party calls rebellion ) and which we have causes to call , entitle , nominate , and acknowledge to be the holy cause . and as our armies have with unexpected successe , been horrible , terrible , dreadfull , fearefull , victorious , and invincible , and have forraged through england , wales , scotland , ireland , coventry , and canterbury , yet that stiffeneck'd generation and people of oxford , have ( till now ) stood out in rebellious opposition against us ; for that academy and city , have ever since these distracted and disturbant times , been the treasury of refractory obstinacy , and the store-house of our mischiefes ; whom to suppresse and bring into order and conformity , our almighty parliament hath sought by all favourable meanes , and by most perswasive exhortations from the presse and pulpits , there hath been nothing by us neglected , that might reforme them . but finding their obduracy immoveable , their inveteracy implacable , and their reducancy impossible ; we ( out of a christian care of the future prosperity of that renowned well-spring and fountaine of learning ) much against our pious inclinations , were inforced to surround it with our potent and unresistible forces of hostility , twice in two severall yeares . in two monthes of may , we have given them two gentle and friendly visitations ( viz. 1644 , and 1645. ) and we alwaies used the most submissive way of summoning his majesty and that stubborne city to our obedience . what a faire warning we gave them the first yeare , is not unknowne , and how fairly we came of and on , we have cause to remember , for two great generalls and armies did onely face them , as an instruction for them to avoyd their further desolation and calamity . but seeing that gentle and mollifying cataplasmes and pultisses would not serve to soften the corrodency of their apostumated inveteracy , we have now ( about the latter end of this last may ) in the whitsun week , vouchsafed to lance her malignant maladies , and by incision and occission , to let out her malevolent and contagious corruptions . to which end and purpose , our ( potent , powerfull , perpetuall and pittifull ) parliament , begirt and swathed that contumatious city with a strong swaddle band of warre , with foure severall armies , which being conjoyned into one , with a quadrapliciticall vnity , under the conduction of such a messe ( or murnivall ) of martiall commanders , that the like ( or braver ) heroes , never issued from the loynes of mars & belona , amongst whom the most excellent , expert , exact , and exquisite souldier , sir thomasius fairfax , was commander in chiefe , being the admired agamemnon of our host , and the only chosen , pick'd , or cul●'d man amongst men most worthy to be a generall generalissimo . secondly , the couragious and treshault treshnoble cromwell , shew'd himselfe like a blazing fiery commet , full of combustible valour , and subitory expedition . thirdly , that impe of prowesse , the magazine and arcenall of armes and military discipline , the never daunted and dreadfull skippon , appear'd like the magnanimous achilles , with his most unmatchable multitude of mirmidons . fourthly and lastly , ( but neither last or least in worth ) was the illustrious bold browne , in whose braine , the art of armes is pyled , and in whose breast , honour is billited , he most terribly , fearfully , drew his trenchant sword , wherewith he chop'd in sunder the faggot-bond of his fury , insomuch that his flaming valour ( like a burning bavin ) appear'd most refulgently perspicuous to the besiedged oxonians . these foure generalls ( drawne in their particulars ) were quarter'd in the villages that doe verge , fringe , or girdle the city , namely kennington , south hinkesey , west hinkesey , botley , witeham , wolvercot , marson , hedington , sampford , ifley , &c. by which meanes it was so strongly block'd up , that the garrisons forces and inhabitants began to look thin upon the matter , for they were so unprovided , and unprepared to endure a siedge , that within five dayes we brought them to such a hard strait , that wheat was mounted to the price of 4s . the bushell , butter and cheese at 6d and 3d the pound , milke at a penny the quart , but 9 or ten egges a groat , radishes a halfe penny the bunch , a iugge of beere 2d , beefe and other flesh so scarce , that none was to be had amongst them ( without credit or ready mony . ) in this extremity , we perceived they were unable to hold out long , therefore our valiant commanders , ( like the foure windes ) assaulted them at their foure severall portes , his excellency , play'd the part of boreas , and blustred impetuously at the north ; browne with his brave bold boyes blew boystrously like auster at the south ; cromwell acted the part of eurus with untireable snuffing , puffing , and huffing at the east ; and skippon ( like a second scipio ) rag'd most tempestilentially ( like zephyrus ) on the west . thus on all sides , parts and portes was oxford beleaguerd , without and within every house , lane , and street , was full of horror , terror , trembling like hills . there you might behold a woman quaking like a custard before an alderman , and in another place another shaking like an oven ; there was carelesse security in sundry and severall shapes and noyses , some halfe , and some whole drunk , some piping and whiffing , some riming and singing , some watching and guarding , ( not at all regarding either us or any thing that we could doe to them ) as may appeare by a mad fellow that wrote these verses in a jeering contempt of us and our forces . for browne , for skippon , cromwell , and for fairfax , wee have a well string'd instrument at cairfax , and that if they doe but their worke by halves , the parliament would hang em up like calves . some of them said , that our armies should not offend the parliament so farre , as to doe their worke by halves , or to doe halfe the worke they were sent about ; thus continued this hotch potch , mingle mangle galleymawfrey of variable opinions and humourous expressions , for the space of seven daies and nine nights , with an afternoone or two ; our cannons with perpetuall battry having disgorg'd 6789 shot , our horse , carbines , and our innumerable foot environ'd them round , with groves , thickets , and woods of pikes , our mu●kets , petronells , and pistolls , breathing flames , and spitting death and destruction . amongst and amidst these rough robustious salutations , and mortall monumentall mortuary greetings , one of our cannons ( being ) discharged or fired at random , from his excellencies quarter at marson , flew by chance over saint iohns colledge , and most strangely wheel'd about on the left hand , hard by the crosse and weathercock on saint maries steeple ; and passing in post hast to christ-church , it broke a corner of a window in the great quadrangle , and from thence it mounted , and took the great lanthorne on the top of the hall , which never fell to ground till it drop'd into abington market place ; just in the same pavement whereon the idolatrous crosse stood , that was piously overthrowne on the 31 of may , 1644. ( much about the month , day , and time of the yeare as the aforesaid shot fell into christ-church ) by the most victorious and vanquish'd , the renowned and nobly slighted , the conquer'd conqueror , sir william waller ; the aforesaid lanthorne , being now in the tuition of the valiant colonell browne , who hath it as a reward of his noble services , and is determined to keep it till he dyes , and afterwards it is to be hang'd up ( as a trophey ) over his tombe , for a monumentall remembrance to posterity , of his valour and victories . but to returne to the siege againe ; the reader must understand , that our parliament are so happy to have such generalls and commanders as are in their valours , not only invincible , but invisible also . the canoneers and gunners had the art to discharge many hundreds of their ordnance , and no fire or bullet to be seen , nor report of any gun heard . for of all the great numbers of shot ( before specified ) there were very few of them came to the knowledge of the besieged ; insomuch that they were uncapable of perceiving any danger they were in . this rare hidden art was first invented by an italian , whom they called doctor iackaneico , he was an aegyptian witch , ( or a cunning man ) in the raigne of ptolomy evergetes king of aegypt . by the command of sir tom ( his excellency i meane ) there was an artificiall naturall geometricall bridge , made over the river charwell , about a mile from oxford ( north east and by westward ) what good service that bridge did it is impertinent , and not much materiall to speak of ; but this is certaine , that the month of may , ending on the 31 , which being saturday , fell out luckily to be the latter end of the week , the sunday following proved to be the first day of iune , so that ( by consequence ) monday was the next day after ; on which monday morning , we had the happinesse to gaine a glorious victory . on that day , ( that memorable , remarkable , honourable , dainty delicate day ) our forces ascended to the top ( or altitude ) of mount hedinton ( vulgarly called hedinton hill ) but for that day , and on that hill ( to which hill , pinda , ossa , olympus , parnassus , gadds hill , shotover , and shuters hill , shall hereafter strike saile ) our prosperous parliamentonyans , inclosed , encompassed , environ'd , enwrapped , envelloped ( or what the reader meanes to tearme it ) the whole body , or bodies of the malignants , we fought valiantly , they fell violently , some dead , some kill'd , some slaine , some hurt , some wounded , some fled , some ran away , some escap'd , some taken prisoners , some put into bondage , some thrust into thraldom , and some carried into captivity , so that in lesse time then halfe an howre , the mutability of fickle fortune was apparent , by a suddain turne of her foure square-round wheele , for beyond all expectation , when the enemy was singing scurvy songs , & jeering with intollerable abusive language and gesture , at the sacred persons and honours of those whom they have formerly sworne to obey with allegiance and loyalty . then at that time , even then , betwixt the howres of two and three in the morning , we fell upon them pell mell , helter skelter , where in a moment 40 or 50 fell , to seek their habitation in another world , many were sore wounded ; and having thus won the field , we presently won oxford , we entred without resistants at the east , by saint clements , we conquer'd maudlin ( or magdalen colledge ) with a bare summons , we march'd triumphantly to cairfax , ( and leaving the gallowse on our right hand ) we with force or perforce entred and surpriz'd the castle , we staid in the castle three dayes , in all which time our generalls were so nobly pittifull , and our other commanders , officers , and souldiers so mercifully mannerly , that we neither did the towne any harme , or plunder'd the people of anything ( except victualls ) but whatsoever we had was freely given to us , nor did any of us so much as give the oxford folke so much as a hard word , nor troubled them to lye in any of their beds or foule sheets , or any linnen ; and was not this a mercifull victory ? all this was done by lesse then 150 parliament souldiers , in so small or little a time , that it must ever be with thankfulnesse remembred , and it is not to be doubted , but london and westminster will expresse their joyfull gratitude , with bells , bonefires , and an holy publique thankesgiving . to conclude , i have an humble desire ( on request ) to all valiant men of our parliament armies , which is , that they will stoutly , stiffely , and desperately stand and persevere in the cause , you know that many of us , could never have gotten such estates by our trades , as we have purchased by this trade of warre ; it is not loyalty and allegiance , that will preferre a tinker to the estate of a commander , it is not that beggerly thing call'd honesty , nor that despised fancy of learning , will bring a man to promotion , conscience is a toye , it will never make a cobler a preacher , or a wood-monger a sergeant major generall , or colonell ; we are now grammar'd in our noble actions , and a peace would put very many of us back againe to our horne-bookes ; a just and lawfull peace would cause the king to have his owne againe , and every man to have his right ; a peace would restore the protestant religion to it's pristine purity ; and then what will become of our zealous new directorie , for a peace will bring in againe , the contemned booke of common prayer ; and finally a peace would make thousands of us to surrender so much pillage and plunder to the right owners , that we should be like ( aesops crow ) poore naked rogues , when every bird had his fether from us ; let our conquests encourage us , let our hopes spurre us forward , let our surprize of oxford , fill our vei●●● with valour , and let the 24 tinkers of banbury , be our presidents , who ( for joy of our oxonian victory ) have newly brac'd their kettle drummes for the entertainment of the lord say thither , which they will seale with their blood● . let our preachers revile , let our pamphlet writers raile , let mercurius britannicus jeere and flourish , let booker , ny● , and lyly , lye on , let us fight for wealth , and run away for advantage , wee have a parliament to protect us , and there 's an end . postcript , or an old said saw of the malignants . wise men labour , good men grieve , knaves invent , and fooles believe , then helpe us lord , and stand unto us , or knaves and fooles will quite undoe us . finis . the fundamental right, safety and liberty of the people (which is radically in themselves, derivatively in the parliament, their substitutes or representatives) briefly asserted. wherein is discovered the great good or harm which may accrue unto the people by parliaments, according to their different temperature and motions. together with some proposals conducing towards an equal and just settlement of the distracted state of this nation. as likewise a touch at some especial properties of a supream good governor or governors. / by isaac penington (junior) esq; the safety of the people is the supream, most natural and most righteous law, being both the most proper end and most adequate rule of government. penington, isaac, 1616-1679. this text is an enriched version of the tcp digital transcription a90392 of text in the english short title catalog (thomason e629_2). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 125 kb of xml-encoded text transcribed from 28 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a90392 wing p1169 thomason e629_2 99865597 99865597 165855 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a90392) transcribed from: (early english books online ; image set 165855) images scanned from microfilm: (thomason tracts ; 97:e629[2]) the fundamental right, safety and liberty of the people (which is radically in themselves, derivatively in the parliament, their substitutes or representatives) briefly asserted. wherein is discovered the great good or harm which may accrue unto the people by parliaments, according to their different temperature and motions. together with some proposals conducing towards an equal and just settlement of the distracted state of this nation. as likewise a touch at some especial properties of a supream good governor or governors. / by isaac penington (junior) esq; the safety of the people is the supream, most natural and most righteous law, being both the most proper end and most adequate rule of government. penington, isaac, 1616-1679. [16], 38 p. printed by john macock, and are to be sold by giles calvert at the west end of pauls, london : 1651. annotation on thomason copy: "may. 15th". reproduction of the original in the british library. eng england and wales. -parliament -rules and practices -early works to 1800. great britain -history -politics and government -1642-1649 -early works to 1800. a90392 (thomason e629_2). civilwar no the fundamental right, safety and liberty of the people (which is radically in themselves, derivatively in the parliament, their substitutes penington, isaac 1651 22511 5 0 0 0 0 0 2 b the rate of 2 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-03 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2009-01 judith siefring sampled and proofread 2009-01 judith siefring text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion the fundamental right , safety and liberty of the people ( which is radically in themselves , derivatively in the parliament , their substitutes or representatives ) briefly asserted . wherein is discovered the great good or harm which may accrue unto the people by parliaments , according to their different temperature and motions . together with some proposals conducing towards an equal and just settlement of the distracted state of this nation . as likewise a touch at some especial properties of a supream good governor or governors . by isaac penington ( junior ) esq ; the safety of the people is the supream , most natural and most righteous law , being both the most proper end and most adequate rule of government . london , printed by john macock , and are to be sold by giles calvert at the west end of pauls . 1651. to the present parliament of england . the righteous god loveth righteousness , and he alone rightly weigheth , measureth and administreth in judgment and truth . man hath a selfish principle within , which secretly blindeth and draweth him aside in his purest aims and intentions . man knoweth not his own heart , how much he is engaged for himself , what little truth of love , mercy and justice there is in him towards others . every man thinks he minds the publique good and interest , little seeing or suspecting how straitly he is bound up within the narrow compass of himself . every man pretendeth to be just , and very ready to amend the wilful or negligent miscarriages of others : but where are the men , who once attaining to greatness and power , slide not by degrees into the same paths of injustice , which they condemned others for walking in ? man cannot observe his own errors , nor indeed can he bear to hear of them : he loveth himself so well , that he cannot discern that evil which is in himself , nor endure to be told of it by others ; but thinks they deal injuriously with him if they take notice of it , or warn him against it : for it is not evil in him , but an evil eye in them , which makes them look upon it as so . the powers of this world being so apt to err ( and their errors being so like themselves , powerful ) have great need of faithful monitors and plain dealers , but seldom meet with them , and their condition makes them little able to bear them . their condition hath commonly this double bad influence upon them , it maketh them able to do ill , able to do harm ; but unable to bear the sight or representation of them . it blindeth their own eyes , in reference to themselves and their actions ; and maketh them enemies to him who is not equally blinded with them . nor can it be otherwise , man cannot take it well to have others telling him of that evil , which he upon search cannot find in himself ; or to have them still blaming him for that as evil , which he himself accounteth as good . o ye present great ones ( i speak it not in disrespect , but in honor , acknowledging that god , by his providence and dispose of things , hath made you great ) look upon that snare , which hardly ever man , in your condition , avoyded ! consider this poor nation , its great cost , its great danger , your great promises to it , and let its right and liberty be precious in your eyes . consider ( if it be possible ) impartially its right , and lead it into the possession of it . if ye walk in the way of man , ye will come to the end of man : if ye be successors in unrighteousness , ye will end in ruine . ye have an harder peece of self-denyal to practise then yet ye have met with , if ye will be safe . ( your danger is greatest when ye seem most out of danger . ) as there have been hitherto many cries for you , so there are now many cries to you , and cries against you dayly . complaints have seldom been greater , it behoves you to look thorowly that it be without a cause on your part . if the poor fatherless people be destitute of help , and have none to cry to but the righteous one ( being wearied out with crying to man ) it may make him the more regardful of their cries , and the more speedy and strict in exacting an account of your stewardship from you . the fundamental right , liberty and safety of the people is here presented to your view in general with others ( to whom also it appertaineth . ) it concerneth you most particularly to take notice of it , and to use industry and fidelity , answerable to your power and trust , to instate them in it ; which how ever they may abuse , yet they ought to enjoy : and if ye cannot make them happy ▪ yet putting things into their due order according to right , this will be a comfort unto you , that they are only made miserable by themselves : whereas if ye detain their right from them , though with never so good an intent , that will not excuse you at present , nor afford you comfort at the last . ye have expressed a great sense of the injuries which the people have suffered by being deprived of their rights and liberties , and have undertaken to restore them to the possession of them again ; do it in truth . let not jealousies , of what may happen , cause you to turn aside from the direct path of righteousness . put them , as well as ye can , into a way of minding and prosecuting their own good ; but take heed of overthrowing their right and liberty , though from never so great a desire to do them good . i am exceeding-jealous over you , lest ye should unwittingly be deceived by your own hearts , and unawares deceive the people : forgive me this jealousie . it ariseth both from love to you and the people : because my desire is so great , on the one hand , to have the people free and happy ; and on the other hand , to have you the instruments of it . for as my desire was towards those which went before you , while their day lasted , that they might rather have found the way of administring righteousness to others , then of occasioning ruine to themselves : so is my desire now towards you , while your day remains ; and o that ye could see , at least in this your day , the things that concern your peace , and the good of this nation . every thing is bounded , but few things know their bounds ; and so , passing beyond them , both give and receive wounds , which always smart and afflict , be they never so slight ; but if they be very deep , tend to death . kingly power did pass its limits , we may now speak it . doth parliamentary power keep within its limits ? how shall we resolve this fairly and clearly ( resolve it indeed we may in our own judgments and consciences ) when the limits of it are not determined ? and if things should yet devolve lower , into the great and confused body of the people , is it likely they would keep their limits ? o god , how is man entangled ! so far from attaining true , inward , spiritual liberty ; that he cannot reach the shadow , the outward part , the earthly part , the liberty of man ! so far are we from enjoying liberty under any government ; that we can , at best , but groan and pant under it after liberty . man cannot be free in himself , not free from himself ( while self is in him , it will make him selfish , ) and while it is so , others under his power or within his reach cannot be free . o that the time of man were come to an end ; that he who is righteous , and cannot but be righteous , would put unrighteous man out of place , and administer righteousness himself . till then i expect no satisfaction , not only not in spiritual affairs , but not so much as in the government of this world . yet it behoveth you , who are in place and power , to remove as far from your selves , and press on as near towards righteousness , as possibly ye may : for which end , to provoke you somewhat towards it , this ensuing discourse is partly intended by him who exceedingly thirsteth to approve himself an unfeigned servant to the lord of all , to your selves , and to his country , isaac penington ( junior . ) to the sorrowful people of this sick nation . poor people , i pity your condition , and in the midst of my own weights and pressures , have not learned wholly to forget yours . i cannot but bewail your miseries , which it is hard extricating out of . ye have been long tossed in a sea of trouble , and are not yet come to the sight of land . the necessities whereinto ye are cast , cannot but make your burthens heavy : yet this might somewhat ease them , if ye could but once discern the approach of a long expected end . ye are far from attaining your desires , and yet that may not be very ill for you , because ye your selves are so apt to mistake in your desires , not truly understanding what may tend to make you happy . there is no safe retreating , how ever ye may think , and very hard to espy how to go forward comfortably . ye may easily run into confusion and prove workers of your own ruine , but ye know not how to step one step aright towards rest , peace , liberty . if i should tell you , that it were better to lie stil and suffer then seek after a disorderly remedy ( for that is likely still to be worse then the disease ) it cannot but sound very harshly in your ears . man is not very willing to suffer , yea hardly can he be cast into such a condition , but he finds or at least fancies some door of hope , at which he thinks he might escape . it is not often changing either backward or forward , or various kinds of changes , which will administer relief ; but an orderly , a rational change , a change fitly suited to the condition of that which changeth . if ye would move aright , nay so much as desire aright ; ye must come to a true understanding of your condition . do ye understand your selves ? do ye act like men ? or are ye led and driven up and down like brute creatures ? have ye took notice what , this long season , hath been doing among you ? can ye tell me , whence ye came , whither ye are going , where ye now are ? shall i put you in minde ? ye came from slavery , from such bonds and burthens as ye were very weary of . ye are marching towards liberty , thither is your intent to go , into a free state and condition where ye may have cause to complain no more of oppression or burthens . but where are ye ? who knoweth that ? why surely ye are in an entangled estate and condition , wherein ye have lost your way , or at least the sight of it : ye would fain return back or turn aside , but ye have no minde to go forward . thus is it often in cases of this nature ; the wilderness , the way , the passage to canaan ( the land of rest ) is many times so grievous , that egypt , even the land of bondage , seemeth more tolerable . that people was ready to stone moses for leading them into such a perplexed condition , though moses guided them faithfully . i do not compare your leaders with moses ( yet it becometh you to remember , how strangely they were raised up to appear for you , when ye groaned under sharp and heavy pressures ) i do not think them so weighty in the ballance : yet i doubt ye wrong them , when ye weigh them , your ballance not being right , nor you affording them their due allowances . they have met with real difficulties and straits , which hath made their way very uneven and hard to walk in : yea such a continued series of distracting occurrences and affairs may have tended to put them quite out of their way . do ye consider this ? i will tell you what i have much observed : man is very prone to do evil , to be unjust in every state and condition , to bend his trust aside , to neglect seeking and serving those whom he ought to seek and serve , improving that very advantage for the further seeking and serving of himself . this is usually the state of man , look on him where you will you shall finde him in this posture : but he that accuseth is commonly as unjust , if not more , in the accusation , then the other was in the transgression . the common people are most subject to this of any , who receive things by rumors and common reports , without examining or scanning whether things be so or no . this is the common miscarriage between superiors and inferiors : the one doth not govern righteously , the other doth not obey righteously : and yet they are both unjust in their complaints of each other ; the superior complaining in an unjust maner of the inferiors obedience , the inferior complaining in as unjust a maner of the superiors government . if every man could once espy and grow most weary of his own faults , there might be some hope of amendment . this world is a strange mystery of iniquity in the whole course of it , in every piece and parcel of it ; every one being offended with each other , for adulterating in their intentions , motions and actions , and yet the mean while , as deeply , in the very same way , they themselves adulterating . if ye should encline to entertain this as a melancholly apprehension from my pen ( for man is very difficult to hear the sound of ill concerning himself , and ready to throw dirt into the face of him from whom it comes ) look into the scripture , see if that do not speak expresly to the same purpose . particularly into that rom. 2. 1. where the words run thus . therefore thou art inexcusable , o man , whosoever thou art that judgest : for wherein thou judgest another , thou condemnest thy self , for thou that judgest dost the same things . when this scripture is opened in that light which penned it , who will be able to stand before it ! what man is it that judgeth not another ? and he that judgeth another thinketh himself free , at least in that respect wherein he judgeth another : but what is said here ? o man , thou that judgest art inexcusable . yes , will man say , such as judg rashly , such as judg unjustly : nay but the words here carry it further , whosoever thou art that judgest . why what ground is there for this ? are not such and such things evil ? doth not the person deserve to be judged for them ? yes , but not by thee , who art guilty with him of the same things , though thou seest it not , and so in judging him thou doft but condemn thy self ; for wherein thou judgest another , thou condemnest thy self . how can that be ? i condemn onely those that do such and such things , but thanks be to god , though i have my failings , yet i am free from those things : i should not think my self worthy to live upon the face of the earth , nay i should think my self fit for nothing but hell if i were guilty of those things mentioned in the latter of the former chapter . thus thou sayst , this is thy testimony concerning thy self : but he who knoweth thee ( he who searcheth the heart and tryeth the reins ) accuseth thee for thy judging , telling thee that in so doing thou condemnest thy self , giving in this as the reason of it , because thou dost the same things : for thou that judgest dost the same things : if he cannot make this good against thee , thou shalt escape . ah poor man , how art thou hid from thy self ! thou knowest not what is written in thine heart ( even all that which is mentioned in the latter end of the foregoing chapter ; ) thou knowest not the way thy heart hath to bring forth these things ; thou dost not know how or when thou dost them . when thy heart shall be opened by him who knoweth it , and these things plainly discovered to have been in thee , and drawn forth into act by thee ; when both the root and the fruit shall be made as manifest as the day , what wilt thou say ! surely then o man , thou who hast been so confident and abundant in clearing thy self and accusing others , wilt grow speechless , and sink under thy treble condemnation , first for being and doing evil , then for justifying thy self , and lastly for condemning others . i must contract my self in what remains . dear country-men , if i were able to speak a word in season , i would commend a little advice to you , but my condition maketh me unwilling to do it , yet your condition overswayeth me again , and extorteth it from me . it may perhaps , where it taketh root and springeth up , tend towards the setling of some spirits , and towards a sweet and orderly guiding of them in publique acting . for clearness sake , i shall branch it into a few heads . 1. apply your selves to be sensible what true freedom is , wherein it lies , and of what value it is . it is of more worth then your estates , yea then your lives ; and therefore deserves to be higher prized . it consists not in licentiousness , to do what ye will , nor in having no taxes layd upon you ( this may be necessary for your safety ) but in these four things . first , in having good laws , suited to your state and condition . secondly , in a good method of government , whereby ye may come to enjoy the benefit of all those laws , and whereby your remedies of redress may be easie and cheap , not so hard to be come at , nor so costly , as commonly they are . thirdly , in having a good governor or governors , who may faithfully oversee the execution of these laws according to this method . fourthly , in having a setled way of parliaments , to amend , alter or add to in any kinde ( as need shall require ) these laws , this method of government , these governors . and , which i might name of fifth , to have such a clear way , for these parliaments to proceed in , as they might not easily miss : for otherwise , if the way be not very plain , such a body of the common sort , who are not supposed either to be very skilful or experienced in government , are likely to do a great deal more hurt then good . 2. be not weary of the pursuit after liberty , because of the many difficulties and expences which it occasions . vndergo the pains of cure . what charge will a man be at , in a suit of law , to recover a peece of estate ? is it not worth more to recover the liberty of a man ? the nations of the earth have still layn under slavery , have not ye your selves felt it ? would ye not creep out , and do ye think to creep out with ease ? the very casting of so great a burthen will make the earth shake under you : besides the opposition of such who finde advantage by riding upon your backs will heighten the difficulty of it . if ye will be cured of your sickness by physique , ye must suffer that sickness which comes with physique . o do not run into slavery to avoyd a few present burthens , but pursue your freedom , what ever it cost you . if ever ye come to enjoy it , ye will not think much of what ye have layd out for the purchase of it . 3. eye not man , no not in those things wherein he appears as the main agent . consider who it is that doth all , especially in such great changes . it is not the wit of man , the will of man , which manageth these things , but one above man . he speaketh peace and settlement to a nation , and who then can speak trouble or disturbance ? he also stirreth the mud in a nation , and who then can settle it ? he throweth down the mighty from their seat , exalting them of low degree ; and he doth not give liberty to man to finde fault with him either for throwing down the mighty because he liked them , or for setting up them of low degree because he disliketh them . read and consider that place psal. 75. 7. ( and shew in practice , as well as in profession , that ye reverence scripture ) god is the judg , he putteth down one , and setteth up another . take heed what ye do : if ye had only man to deal with , ye might make your party good ; but it is hard kicking against the pricks . it may be his design at present ( whose counsel shall stand , and who will fulfil all his pleasure ) as it was once concerning nebuchadnezzar , to make you also sensible , that the most high ruleth among the children of men , disposing of kingdoms , powers and governments , as and to whom he pleaseth . 4. expect not help or satisfaction from man . man hath no worth in him , and for this end may he be made use of , by god , to shew how vile and empty he is , how unable and unfit to produce any thing of value . truly i have often thought , that the powers and governments of this world are intended , rather to make us weary of them , then to yeeld us satisfaction in them . this whole creation is a meer peece of vanity , and ( in all the changes of it ) can yeeld but vanity : what do ye mean to raise such expectations , concerning any thing or from any thing in it ? it may be the intent of god to discover to you ( by multiplyed sense and experience ) that man cannot help you : while your expectations are from man , or upon this or that change , ye are far from learning this lesson . i know means are appointed and made use of by god in the producing of effects , but sometimes he withers them , to divert our eyes from them , and to make us feel what empty , barren , imperfect things they are . while ye cry out so much against any means or instruments , on the one hand , or so much magnifie any , on the other hand ( as every one almost doth according to his different esteem of them ) ye cannot so fully be taken up with observing the principal agent . if god intend himself to bestow what ye desire upon you , he may hold his hand while ye expect it from man : if god intend at last to put forth an excellent peece of strength and wisdom for your rescue , he may defer till he hath tired out yours : and if that should be his intention , ye are out of the way while your expectation is fastened elsewhere . 5. and lastly ; groan and pant , unto him who is skilful to save , after your own deliverance and after the deliverance of his people . he who wanteth deliverance , and knoweth not where to obtain it ; what is more proper for him , then to groan and pant after it ? the whole creation is continually in a condition of groaning and travelling after deliverance , not of enjoying it . bear a part with the creation , as ye are a part of it ; yea the higher your extremities grow , the greater let your groans be . be content with your travelling pangs , which is the common track and rode unto bringing forth . and groan likewise for the liberty of the sons of god : for what do ye know but your liberty may spring up with theirs ? israel is in bonds , the lord hath smitten him , the lord hath hid his face from him ( yea the lord hath made him a reproach and by-word among all the heathen ) and while he frowns upon him , he knows not how to smile upon any else . the people of god have ever had hard usage in this world , and particularly in this nation . can ye expect that god , who disposeth of all things , should be forward to give you your liberti●s , while ye are not willing they should enjoy theirs ? can they submit to the laws , ordinances and constitutions of man concerning their god , while an higher light is set up in them ? no they cannot , though they were in the dark . if ye can be content and desire to do so , do so quietly , live your selves in egypt if ye like it ( and ye may better do it , for it will not be a land of bondage to you ) but let my people go that they may serve me , said god , concerning his people , when alass they knew not how to serve him . this is a ticklish point , and of more consequence to the welfare of nations then they are aware of . therefore if ye love your selves , your own peace , 〈◊〉 own liberties , your own happiness , beware of this ; take heed of enthralling them in spiritual things , who were never in that respect ( but only in outward , in things common to man ) put under your yoke . but , in stead thereof , wish after their liberty : and though ye cannot heartily desire it in respect to them , yet do it in reference to the enjoyment of your own your selves , because , for ought ye know , yours may lie wrapped up in it . all this have i spoken unto you , not from any design in me in reference to any thing or person : but truly and faithfully from my very heart commending unto you , what to me ( in this my state of weakness ) appears best for you . which having done , i now take my leave of you , wishing you the best benefit this can afford , or rather the full fruition of that which this doth but weakly and imperfectly drive at , viz. the quietest enjoyment of your selves in your present condition , and the safest and swiftest passage to a better . this is the heart of him towards you , who earnestly desireth to be yours in true love and faithful service , isaac penington ( junior . ) the right , liberty and safety of the people briefly asserted . the right , liberty and safety of the people lieth chiefly in these three things ; in the choyce of their government and governors , in the establishment of that government and those governors which they shall chuse , and in the alteration of either as they find cause . this belongs to every people ( though few , if any , are in possession of it , ) and that people , which enjoyeth these , enjoyeth its right , is indeed free and safe while it so remaineth . 1. the right , liberty and safety of the people consists in the choyce of their government and governors . it is their right : for in civil societies nature hath not cut out the body into form and shape , but hath left it to be done by the will and wisdom of man , having imprinted in him a sense of and desire after the enjoyment of justice , order , love , peace ( and whatsoever else is good and profitable for him ) both particularly in himself and in common with others ; which desire throughly kindled in man , and guided by the true light of reason , will lead man to chuse that which is properly good both for himself and others . and though man may possibly or probably abuse this , yet that is no sufficient ground for depriving him of his right . their liberty lies in it too . they only are a free people who have their government of their own choyce . such upon whom others do intrude , or upon whom other laws or regents are imposed then what themselves judg meet and necessary , and besides that which they themselves voluntarily and by free consent submit unto for their good and welfare , are so far under slavery and such a miserable subjection as nature never appointed them unto . their safety likewise lies in it : for to be sure they will chuse nothing but what in probability will conduce to their own good and happiness ; whereas others , making laws for them , or setting governors over them , may respect their own particular benefit and advantage , and not so much the good of the people , which is the main end why laws , governments and governors are appointed , and to which they should in a direct line be guided . and upon this ground i conceive it very requisite , that men who are chosen to sit in parliament to make or alter laws , to set up or alter governments or governors for and in behalf of the people , should , as soon as any , lie open to the force of all the laws they make , or of any thing they do in that kind ; that no law they make should take effect till they be dissolved , and come to lie as liable to it as any , otherwise they will not be sensible enough of the peoples condition , and consequently not fit to stand in their stead , or to act for them in cases that concern them so nearly . the greatest security the people have concerning their parliaments is that they chuse persons whose condition will keep them from injurying them , for if they prejudice them they prejudice themselves , if they neglect their good they neglect their own good : this security is good while the people chuse them that are of their own rank , and while these make no laws for them which shall have any life or vertue to do good or hurt till they come also to be exposed to them , but otherwise it is very invalid , if not wholly lost . they who are to govern by laws should have little or no hand in making the laws they are to govern by : for man respects himself in what he does ; ( the governor will respect himself , his own ease , advantage and honour in government , and lay loads upon the people , but make his own burthen light : ) therefore things should be so o●dered , in the behalf and for the security of the people , that such as are chosen and appointed to act in this kind should lay no load upon the people , but what their own backs may come as soon and as fully , in their degree and station , to bear , as any of the peoples . 2. the right , liberty and safety of the people consists in the establishment of their government and governors . as they have right to chuse , so they have right to confirm what they chuse , to establish that government and such kind of governors as they judg or find most convenient and necessary for them . without this the people can be neither free nor safe no more then without the other , nay without this their right to chuse would be to little purpose , the end of choyce in things of this nature being for the duration of its appointed season . 3. their right , liberty and safety lieth also in enjoying and exercising ( as need requires ) the power of altering their government or governors : that when they find either burdensom or inconvenient they may lay it aside , and place what else they shall judg lighter , fitter or better in the stead of it . nature still teacheth every thing , as it groweth , to reach further and further towards perfection . no man is bound to that which he chuseth or establisheth further then he findeth it suitable to the end for which he chose and established it : now several states and conditions of things and persons changing , there must of necessity be an answerable change in laws , orders , governments or governors also , or man will be instrumental to introduce slavery , misery and tyranny upon himself , which nature teacheth every thing both to abhor , and as much as may be to avoyd . it is the desire of most men both in reference to church and state ( as men commonly speak ) to have laws and ordinances , after the manner of the medes and persians , which cannot be altered : i cannot but approve the desire , since it is written in mans nature . it is natural to man , and a stamp of the divine image upon him , to press after unchangeableness both in himself and in the things which appertain unto him : but yet it is not suitable to his present condition which will in no wise admit of it , because it is continually subject to change and alteration : and as it still changeth , so do his needs and desires , as also his experience and wisdom , and so must the laws and orders which he prescribes to himself and others , or he will be grievously cruel to himself and others . ages have their growth as well as particular persons , and must change their garments , their customs , their courses , &c. for those which are still suitable to their present state and growth . laws are but temporary ; and as they are founded upon reason , so they are no longer to last then the reason of them lasteth , to which they ought to give place , and admit of such a succession as it appoints . only herein hath nature provided well for the people , if they could fairly come to their right , and had wisdom to use it ( which sense and experience is continually instructing them how to do ) in that she doth allot them to make and alter their own clothes , to shape out their own burdens , to form , renew or alter that yoke of government which is most necessary and convenient for their necks . all this , or any part of this ( either the chusing , establishing or altering governments , laws or governors ) the people cannot do in a body ; an whole nation is too unweildy to act together themselves : therefore nature hath taught them to do it by substitutes , whom they themselves chuse to stand in their stead to do any of these things for them as their present condition and need requires , which body of persons is with us called a parliament , who are picked out by the whole to be the representative of the whole , to do that for the whole which they would have to be done , and would do themselves if they were a body in a capacity to act . and from this first rise of things may best be discovered the nature , ends , proper use and limits of parliaments , all which are necessary to be known , both that they may move according to their nature , pursue their ends , be rightly used , keep within their compass , and that the people may clearly discern that they so do , whereby they will come to rest satisfied in their proceedings , and in their expectations of good thereby . we see here of what kind of persons the parliament is to consist , viz. of the common people , that they may be fit to represent their burdens and desires . we see here of what use and for what end they are , viz. to relieve the people , to redress any occasion of grief or burden to them , to make laws , alter laws , set laws in a due way of administration , set up or alter governments and governors , dispose of every thing in such a way as the people may freely enjoy their rights in peace and safety . we see also their bounds in general , viz. the exercising the power of the people in such ways as were proper for the people to exercise it in were they capable of joynt and orderly acting . we see likewise their nature or constitution , what they are . they are the elective power , the constitvtive power , the alterative power . what lies confused and unuseful in the people is treasured up in them in order , and in a fitting way for use . is there a government wanting ? the people cannot orderly or wisely debate or chuse that which is likely to be most commodious and safe . are there any laws wanting ? the people cannot well set about making laws . are there any laws , customs , or encroachments burdensom ? the people cannot rightly scan how far they are so , or proceed to a regular alteration of them . so that the whole right , freedom , welfare and safety of the people consists in parliaments rightly and duly called , constituted and ordered towards acting faithfully in the discharge of the trust reposed in them . yea lastly , here we may see in a direct line the proper course and way of parliaments , which speaks out it self , and would easily be discerned by us , if our eyes were kept fixed here , and not entangled with other intermixtures , which are apt to seize upon every thing , and interweave with every thing , hardly any thing keeping its own pure nature or proper current . take it thus , ( with a little kind of circuit for the better illustration of it , yet very briefly . ) all governments ( though intended for and directed towards common good ) are still declining and contracting private , selfish and corrupt interests , whereby the people come to feel burdens under them , and find want of fences to guard them from the insolencies and assaults of such as are above them , which are very usual every where , for every man ( i think i need not add , almost ) though he be unwilling to have any tyrannize over him , yet he is too prone to tyrannize over such as are under him . who would not , when he feels oppression , if he were able , thrust the oppressor out of his seat ? and yet who sees how ready he himself would be , so soon as he hath done it , to seat himself in the same throne of oppression ; and that he will as certainly do the one as the other , if he be not hindered by outwards force , or ( which is better ) by an inward principle ? indeed man can by no means come to see this concerning himself , but the people still come too soon to feel it . now the people , who wear their government , finding by experience where it sitteth easie or pincheth , what present loads they groan most under , what future fences they stand in need of to shelter them from the injurious assaults of powers above them ; accordingly chuse persons , who lie under the same sense with them , to represent , consult about , and redress these their grievances , by punishing offenders for misdemeanors past , by opening the course of law for time to come , as also by adding thereto , or detracting therefrom , as the condition and need of the people requires , &c. these persons thus chosen are to come with the sense and desires of the particular counties , cities or boroughs for which they serve , mutually to represent these , and to consult together how all burthens may be taken off , and all desires satisfied in such a way as may stand with the good of the whole . after full debate had how these things may be done , to come to an agreement of full setling them accordingly in the firmest way that can be , which having done to dissolve , and leave the people experimentally to try and reap the benefit of their care , pains and fidelity , and to return immediately into their former condition , to lie with them sensibly again under the benefit or inconvenience of what they have done . and this to be done with as much speed , as the motion of such a kind of body , in affairs so weighty , can permit ; that if they chance to fail in effecting what is desired and expected from them , the people may quiet themselves with the expectation of another remedy in its season approaching . the reason why parliaments should with all possible speed dispatch their work , is for avoyding of that corruption which standing pools are subject to , and which is most dangerous in them ; for what shall rectifie the last remedy , if that be out of order , and grow so corrupt , that it hath more need of a physician it self , then to act the part of a physician ? all things by degrees gather corruption , the governing power by degrees declineth from its first purity , and so also doth the rectifying and reforming power , its deviation is as easie as the others , and of far greater consequence ; more destructive , less curable . therefore better were it for parliaments to leave part of their work undone , then to sit so long as to contract corruption : it is better to want somewhat of the full application of a remedy , then to have it poysoned . but of this more by and by under a distinct head by it self . now the whole right , liberty , welfare and safety of the people consisting in parliaments ; the right constitution and orderly motion of them is of the greatest consequence that can be , there being so much embarqued in this vessel , where , if it miscarry , it is irreparably lost , unless it can be recovered again out of the sea of confusion . wherefore it becometh every one ( both in reference to himself and the whole ) to contribute his utmost towards the right steering of this vessel , towards the preserving of it pure both in its state and motions , lest both the good and welfare of the whole and of every particular miscarry , for want of due care and observation . towards which work , the further to incite and provoke others , i cast in this present offering , making mention of those dangers which lie open to my eye in reference to parliaments , whereby the true and genuine fruit of them may either be hindered from growth , or come to be corrupted , whereby the people at least cannot but miss of the proper use and benefit , which it ought to reap from them . there are , in reference to parliaments , six cases or considerations , evident to me , whereby the hazard of the people may be very great , which i shall set down distinctly that they may be the better taken notice of , weighed and judged . 1. want of parliaments . parliaments are the proper remedy to relieve the grieved people from their burdens and oppressions ; from any kind or the several kinds of oppressions that may befall them ; from the oppressions of any government , any governors , any laws , any incroachments &c. ( for by several ways , means and instruments the people may be oppressed ) now if parliaments be wanting , that is to say , be not duly called according to the need of the people ( it being their proper engine whereby alone they can duly , orderly and safely act ) their right , liberty and safety is much hazarded , and they obnoxious to lie under the burden of oppression without remedy . if diseases grow , and a due course of physique be not to be had , the body cannot but suffer damage and hazard . there are two things essentially necessary to the health and well-being of a nation , as well as of other bodies both natural and politique , which are , the cutting off of exuberances , and the supplying of defects , both which in the principal and most weighty part of them , are peculiar to parliaments ; so that where there is want of them , the radical life and vertue of the people must needs be obstructed , languish and decay . this is a very ill disease , how ever those who never knew or experimented the sweetness of enjoying their right and liberty , may not be considerably sensible of it . 2. want of fair elections , as thus , if the people be by any means drawn from minding their own good , from bending themselves to chuse persons who may be fit to act for them . how easily may parl●aments warp aside from easing and relieving the people unto further burthening and grieving of them , if such persons be chosen to appear in their behalf , who are friends to their oppressors , and have a particular advantage of sharing with them in the benefit of that which is the burden and cause of grief to the people ? and here is a great danger the people are very obnoxious to : their burdens commonly arise from the miscarriage of the still present governors , and these governors cannot but have great advantages , by their power over them , to have an influence upon their choyce . therefore if the people be not so much the more wary , that which was intended for their greatest relief may turn to their greatest prejudice . o how miserable is man , whose remedies against multitudes of dangers are so few , and even those few all along so subject to miscarry ! a parliament may be prevented , that it may not be to be had when there is most need of it : a parliament may be corrupt before it hath a being , it may be so ill constituted in respect of the materials of it , that it may be a fitter engine of slavery and misery then of freedom and happiness to a poor enthralled people . and yet this is not all the danger that parliaments are exposed unto , as also the people , in relation to that good they hope for by parliaments . 3. short continuance of parliaments . suppose the people have parliaments , have a fair and free choyce without being over-powered therein , or swayed aside ; nay suppose yet more , that they chuse well for themselves ; yet the power they are to deal with may overbear them , and ( if they cannot bend them aside ) enforce their dissolution . and hereby the people must needs be deprived of reaping that good they desired and hoped for by their endeavors . parliaments are great bodies , and consequently flow in motion , which is their proper pace and advantage , for they can hardly do any thing well but what they do slowly ; for motions that require swiftness nature hath cut out other kind of bodies . again , parliaments are to act very warily , ( as the things they are to do , are of great concernment , and require much circumspection and consideration , ) and therefore in both these respects must have time convenient to act accurately in the discharge of so great a trust , and in the managing of so weighty affairs , which if it be not answerably allotted them , they must of necessity be defective in . 4. want of power to parliaments . parliaments have a difficult piece of work , viz. to chastise the greatest oppressors , and to strike at the very root and foundation of oppression in any kind , and unless they have power answerable they cannot possibly go through with it . oppositions and interruptions from other powers they must expect to meet with , which if they be not able to graple with and overcome , they cannot exercise the full right and liberty of the people , either in punishing offenders against the people , or in chusing , establishing or altering governments , laws or governors for the people . this must necessarily much hinder , if not put a stop to their work : for if any fall short of those means which are proper to an end , they cannot possibly attain that end : if the hand which imposeth and would keep burthens upon the back , be stronger then that which would remove them ; if the hand which would supply defects , be weaker then that which stands in its way to stop it in its course , vain and fruitless will all its endeavors be . ( the power that relieveth from oppression must of necessity be greater then the power that oppresseth . ) and this was the condition of this present parliament , there was visibly such a power over them as they could do nothing to purpose for the good of the people ; this doubtless they had great reason to strive to get loose from , and the people had great reason to stick to them in it , as also to expect from them their own freedom after they were made free , the freedom of the people being the end ( theirs but the means , ) and therefore most to be eyed . 't is to no purpose at all to have never so free a parliament , unless we have also a people put into the possession of their freedoms by the parliament . 5. over-long-duration of parliaments . this was glanced at before , but yet it will be requisite to consider of it further , because after those many changes which of late we have been much driven and necessitated into , we may at present lie more open to the ill influence of this , then of any of the former : and it should be the especial wisdom and care of man to take most heed of that danger which he lieth most open to . every thing hath its appointed seasons , bounds and proper way of operation , within which it is very beautiful and profitable , but beyond it very uncomely and dangerous . parliaments , in their season , may bring forth a most sweet and excellent kind of fruit , which may vigorously refresh the spirits , and recover the decaying liberties of a dying nation ; but continuing longer then its season , the root it self may easily grow corrupt , and the fruit prove sowre , harsh , and deadly , yea may tend to a more bitter death then it was ordained to prevent . many dangers parliaments are exposed to by long continuance , whereby their nature and constitution may be depraved , or they induced to act after a different nature , or in other ways then is proper for them , or good for the people . those dangers which more principally in this respect represent themselves to my eye , i shall here make mention of . 1. parliaments , by long continuance , will be subject to fall into factions , which is the foundation of so many breaches and divisions in the whole , upon which they cannot but have an influence to conform them unto themselves , the eye of the people being still upon the fountain-head . we have had sufficient experience to evidence the truth of this , for still as the parliament hath been divided , there have also been divisions throughout the whole nation . persons who act joyntly and uniformly at first , ( having one and the same sense upon their spirits , one and the same end in their eye , one and the same desire in their hearts ) may in process of time lose this sense , this desire , this end , and be drawn aside to another sense , desire , end , and differ also in their new choyce , which may insensibly creep in upon them ; and according to this difference , there will ensue a division among them both in their motions and actions . now how dangerous this is to have a breach in the root , to have a seed of division in the heart , working there , springing forth from thence , and diffusing it self throughout the whole body , i think it will be needless to express . 2. parliament men , by the long continuance of a parliament , will be exposed to the temptation of seeking themselves , of minding and prosecuting their several particular ends and interests . a parliament man , as he is chosen to be , so he should set himself to be a publique person , as it were forgetting himself , and giving up himself to be taken up only with the publique good , for the season of this work . this a good patriot may find somewhat easie to do for a while , but if the parliament last long , self which is very strong in him , and may challenge a right to be looked after , will revive its right , pleading both reason and necessity in its own behalf . that man , that could be content to lay all aside , and bend himself wholly for the publique for a short time , cannot hold out in doing so , but will be enforced to look after himself , his own affairs , his own profit and thriving in the world , &c. and when he comes to manage these and the other together , it will be very difficult for him to avoyd making use of that advantage , which both his power and the long continuance of it affords him , towards his own particular benefit . and self , having thus crept in , will grow more and more upon him , and will be continually , secretly and subtilly drawing him more and more towards himself , and more and more from the publique : and killing those affections in him ( which are too apt of themselves to do ) which were very lively at first for the publique , and consequently much unfit him for his work . 3. parliaments by long continuance are in danger of contracting a particular interest ( an interest distinct from that interest which they have as a part of and in common with the people ) in the publique government . every man hath an allowable interest in common with the whole , so that if it goeth well with the whole , every one shares in it : this is a good , a profitable interest , no way prejudicial to any else . but then there is a particular interest , whereby it may go well with some , though ill with the generality ; nay the welfare of some may arise out of the incommodity of the generality ; that wind which bloweth ill upon the publique , may blow profit to some . this interest all powers do readily contract to themselves , partly by their own strength , and partly by their advantage to winde into other powers , the greater still bringing the less into subjection , which must be at its command and use , or be broken by it . this snare which other powers by their continuation are still running into , the parliament is to redeem and purge them from ; but to take heed lest their own continuance should be so long , as to bring them into the same snare ; which may both unfit them for their proper work , which is to be judges on the behalf of the commonwealth , which how can they truly execute , who have a particular interest and share of their own ( besides that which they have in common with the people ) in the present government , whom as it favours , so they must again favour it ? as also it may engage them in an improper work , viz. in becoming administrators in the present government , which is no way proper for such as are appointed to be the judges of administrators and administrations . a parliament have an interest in the government with the rest of the people , yea a right and power conferred upon them by the people to order , settle , amend , or ( if need be ) new-make the government for themselves and the people ; but not to meddle with the administration of it , or to endeavor to bend it aside , in the administration of it , for any particular end or advantage of their own ; which their power may easily do , and which their over-long-duration may too much intice them to assay to do . 4. parliaments , by long continuance , may incur the danger of interrupting , if not of swallowing up the ordinary course of the peoples enjoying their right in obtaining speedy , free and impartial justice by the administration and execution of the laws . the greater doth commonly weaken , if not devour the less . extraordinary remedies are apt to thrust into the place of the ordinary , especially when by long duration they may seem to challenge to themselves the right of becoming ordinary . 5. ( which is worst of all ) parliaments , by over-long-duration , may slip into danger of depriving the people of the proper use and benefit of parliaments . the proper use of parliaments is to be a curb to the extravagancy of power , of the highest standing power : but if they themselves become the standing power , how can they be a fit curb for it ? a parliament is to be such a body as may have the sense of the people upon them , that so they may be led by that sense to ease , relieve and safeguard the people : but if once they become governors , they will lose that sense , and have a sense of a different nature upon them : they will ( like other governors ) have a sense of the duty of the people which they owe to their governors , but lose ( by degrees , still more and more ) their sense of the burthens and grievances of the people . so that if parliaments succeed in the place of the supream-administring-power , there will be as much need of somewhat else to stand between the people and them , as there was of them to stand between the people and kingly power : for they coming into that place and authority , the people are in as much danger of them , as they were of the power of kings : for it is not the person simply , but the power , wherein the danger or benefit lieth . and this doubtless is the right and liberty of the people , and herein lieth their safety , viz. to have an extraordinary , legislative , alterative , corrective power above the ordinary standing power ; and this power , as to consist of the body of the people , so likewise to be kept altogether free from having any particular hand in government , ( but to keep within the bounds of their own extraordinary work , which is not so much in as about government , ) that so they may both have and retain the sense of the people , being engaged by their state and condition to do nothing which may prejudice the people , because in case they do , they themselves will suddenly feel the smart of it . 6. the last danger , which i shall at this time mention in reference to parliaments , is this . the assuming a power of a different nature from them , not proper to them ; and intermedling with a work which they are not fitted for , entrusted with , or appointed to . powers , like other things ( and somewhat more advantagiously then other things , having stronger hands ) are still gathering in to themselves . the rich man will be gathering riches , the wise man will be gathering wisdom , and the powerful man will be gathering power : and in attracting to himself ( especially where he is the sole judg ) it is very difficult for him to be moderate or innocent . he who hath a right power in some things , it is hard for him to keep there , and not to seek after and lay hold on , if he can , that power which he ought not to have , and in those other kind of things wherein he ought not to have power . that a parliament , as well as other powers , is subject to this temptation , cannot be denyed . this is dangerous every where . ( to have things endowed with a different , if not contrary nature , to have things employed about a different , if not a contrary work to neglect their own work for which they are fit , to which they are appointed , and execute another work for which they are not fit , to which they are not appointed ; this , let it be never so carefully and faithfully managed , must needs bring disorder , confusion , nay greater inconveniences . ) but the greater the power is , the greater is the danger : because as the greatest power may do most good in its own way , so it may do most harm in a wrong way . powers that are great , bring forth great effects either of peace or trouble , order or confusion , salvation or destruction . no remedy so soveraign , so restorative as a parliament rightly constituted , rightly applyed , and rightly acting : no disease more deadly , more consuming the very heart-life of the rights and liberties of a nation , then a parliament misconstituted , misapplyed , misacting . but every one here will be ready to say , what is that power which is proper to parliaments ? what is their proper work ? what is that power of a different nature , which will be so dangerous for them to assume ? and what is that work , which they are not fitted for , entrusted with , or appointed to ? to satisfie the desire of such as may greedily enquire after this , i shall answer somewhat , according to that insight which is afforded me into the nature of things , shewing ( from the principles foregoing ) both what their proper power and work is , and then what power and work is improper for them . and it is a clearer and far safer way , to search out and discover things from their first rise in nature , then from succeeding principles or practises , which may easily decline awry and cover the true knowledg and intent of things . now concerning their proper power and work , i shall not undertake to define the particular limits of it , it will suffice to my purpose , to express the general nature of it , which to me appeareth thus . it is a natvral ( humane or civil ) extraordinary , constitvtive , corrective , alterative power . i shall speak chiefly of their power , which will of it self discover their work , therefore that will not need so particularly to be opened . first , i say it is natvral : such a power as is sown in man , in the nature of man . man hath a power over himself , to dispose of himself , according to that wisdom and righteousness which is seated in him , grows up with him ( if it be not blasted or kept under , ) which he further attains to , or is in a further degree bestowed upon him . of this common kinde is this , with all other earthly powers . but this expresseth onely the kinde of it , we are yet far from the particular nature , end , or use of it . therefore to describe it further , i term it extraordinary , which it discovers it self to be , being a thing not for common and constant use , but for extraordinary ends and purposes ; and the nature of things must be suited to their end , for thither it is to direct them . then more particularly there is expressed what kinde of extraordinary power it is , namely , constitvtive , corrective , alterative : it is a power of seting up or establishing laws , governments , governors ; of correcting them , of altering them . this is the nature of their power , which pointeth out their work so plainly , as it will not need more particularly to be specified in this place . now by this there are two sorts of power cut off from them , one whole kinde of power , and one main branch of another kinde . 1. spiritual power , which claimeth its descent from christ as the head of his church , and is appropriated by its nature , end and use , unto his body the church , which is his city or kingdom , to be governed by him , even by that power of his spirit which he pleaseth to exercise upon them , whether immediately by himself , or mediately by such as he substituteth under him . this power , as it is spiritual , so it is fit to be managed onely by spiritual hands : not by men , but by christians ; nor by every christian , but by such onely as can clear the derivacy of it from christ to them , such as are fitted and appointed by him to be under him in his own seat and place of government . nor are christians to exercise this government over other men , but onely over christians , whom alone it is suited to . nor are they to govern as men ; by outward force ; but as christians , by spiritual vertue and efficacy upon the conscience , the seat of christ in man , so that it may appear that not they , but the spirit of christ , the spirit in christ , doth rule and govern . o how sweet would this government be ! how pleasant to a christian the strictest execution of the sharpest laws in it ! christs yoke is easie , and his burthen is light , even in the sharpest and weightiest part of it . but this power belongeth not to any nation or people under heaven , there being not any nation or people which can evidence the fair and clear derivacy of this power from christ to them : ( as it was not intended for any nation or people , save onely his own nation , his own people . ) therefore not to any parliament , who are but the people in a representative body , in a body contracted into a narrower compass for the use and service of the people ; who as they stand in their stead , so they have onely their power . the people being the stock or root from whence their power and authority doth spring , it can rise no higher , not be of any other nature , then that which is in the people . 2. in civil power , the administrative or governing part of it appeareth from hence not to appertain to them . in civil societies , as well as in natural , nature hath cut out the proportion ( in general , though not in particular . ) there is the head and the members , having each their several innate properties , motions , laws and priviledges , which cannot be transgressed without violence to nature , or without danger to that body or society which breaketh the bounds limited by nature . in every society which is orderly , there is the head and the members , part to govern , and part to be governed ; to each of which appertain their particular rights : to the one such as they may be advantaged for and in government by , to the other such as they may be advantaged under government by ; that the yoke may be gently , orderly , and sweetly managed by the one , and sweetly born by the other . now this is most evident , that the people are the body , the people are to be governed ; not to be the head , not to govern . the legislative power indeed belongs to them , that their yoke might be the more easie : but the administrative power doth in no wise belong to them , but to those who are to govern . and though the people might be flattered and encouraged , from sense of the misuse of this power , to take it into their own hands , yet it can never thrive there : and though they should set themselves to rest content , nay to please themselves with it ; yet you must needs grow weary of it , and that very quickly , the inconveniences will multiply so fast , and grow so unavoydable . parliaments are the body of the people , chosen by the people to stand for them , to represent them , to act in their stead : answerably , they have that power which is proper to the people , the legislative , the supremely-judicative ; but not that power which belongs not to the people , viz. the administrative . in like maner this discovers a double kinde of work improper for them . the one is , medling with spiritual affairs . the constituting of these , the amending of these , the altering of these is onely proper to such as are invested with spiritual power and authority . the laws of christ were never appointed to be set up by the power of man , but by the power of his spirit in the conscience . it is accounted profane , and much startled at , to touch that which man hath made holy , which man hath separated and consecrated to divine use ; and yet how propense are , almost all persons , to be laying hands on that , which god hath made holy and set a part for himself ! how sad an effect we have seen and felt from undertakings in this kinde , cannot but be fresh in our memories ; what a sad breach and disunion it hath occasioned throughout the whole nation , and particularly in the parliament . nor can i conceive readily , how it could be otherwise ; the closest bond of union mistaken and misapplyed must needs become the greatest instrument of division ( to let pass gods interest to blast men , when they will be venturing upon that work which he hath not appointed them unto , but reserved for himself . ) the wound thus made may prove incurable . men differing in their judgments , and consequently in their desires ; differing in the apprehension of their duties ; their motions and endevors must needs run cross and become irreconcilable , while the foundation of this difference remains . while a man is strongly perswaded , that this or this is the way and will of god , that it is his duty to use the utmost of his abilities , opportunies and advantages for the promoting of it , that this is the main end for which power is put into his hands , the chief thing god expects from him , and will call him to a very strict account about the improving of all his power and interest unto the advancing of this ; i say while things stand thus , how can he with the quiet of his conscience neglect acting accordingly ? the presbyterian is now engaged indissolubly , to use his utmost strength and endevor towards the advancing of presbytery , which is gods instituted way of worship in his eye ; and so the independent of independency , which is christ institution in his eye . now having tasted so much of this , and smarted so much by this , men should be very wary of intermedling in things of this nature , further then their ground is clear . the other is , the taking upon them the administration of government , or intermixing with the administration of government . this is the most pernicious thing to a parliament that can be , for it both diverteth them from their own work , and out of their own way , into one of another nature ; and so thrusteth them into a necessity of doing disservice , and into an incapacity of doing service . this may make useless , nay may make burthensom , the best constituted parliament . suppose a parliament of never such entirehearted-honest-men , most studiously bent and applying themselves to publique service ; yet if they be over-full of another kind of business then their own , or intermix another kinde of business with their own , they can neither well dispatch that other kinde of business which they are so over-full of , or which they so intermix ; nor ther own neither . and it is the ready way to turn the hearts of the people from parliaments : for finding things go so grievously amiss ( as by this means they needs must , ) and in the hands too of such men , as they can hardly hope for better , they will begin to look on a parliament no longer as a remedy , but as a worse disease , then that which they addressed themselves to it for cure of . o consider your snare , ye who are in danger of it ! how prone was the administrative power to intrench upon the bounds of the legislative , and how afflictive did it become thereby ! is not the legislative power as prone to intrench upon the administrative ? and in so doing , is it not likely to prove as afflictive ? look into nature , see if ever this kinde of body was cut out , fitted or appointed by it to govern . it hath not a fit form or shape for it ; it is unweildy for such a kinde of motion . again , look into the tenor of your call and trust : were ye ever entrusted herewith by the people ? is it , or ever was it , the minde of the people ? did they chuse you for this end ? have ye a commission from them , i mean not formally , but so much as vertually , intentionally ? they called you to rectifie government , that is clear enough ; but did they call you to govern ? o remember , remember , when any such motions arise in you , when any such temptations beset you ; ye are not fitted to it by nature : your motion is slow , but the work and way of government requires speed and swiftness ; and if ye should from a desire , from an apprehension of advantage , from sense of present need , or any other never so good an intent , alter your own slow pace and strive to act swiftly ; it will quickly appear how uncomely it is in you , and how unsafe for the people . remember also , that ye are not called to it by the people : and if ye will yet be venturing upon it , doubtless ye will run the hazard of ruining both your selves and the people . these are some of the dangers which parliaments ( and through them the people ) are obnoxious to . how far this present parliament hath been overtaken with any of them , or how far the people hath suffered thereby , i shall not take upon me to determine . only thus much i cannot but express , that the present state of affairs is ( to my eye ) much entangled , and that the true foundations of right and freedom ( so far as i can discern ) are not yet layd ; and i could earnestly desire and much entreat those in whose power it is , to do the main work , and to do it throughly : to let fall all desire of power or supremacy ( whose sweetness will be tempting the best ) to strike at the root of all particular interests which stand in the way of publique good , and to set upon such ways of publique good , so evidently and directly tending thereto , as might be forcible to convince very enemies to them by their clearness in reason , and by the sweet benefit which they should not be able to avoyd tasting and reaping from them . having such advantage of power in their hands , what is it which might not be done for publique good , if men had hearts , and were in a right way ? it is commonly said , that a stander by may see more then a gamester : which if it be true , i may assume unto my self some freedom of speech more then ordinary , my condition interessing me in it . for i have been long taken off from being an actor in any kinde , to become only a spectator ; yea and i think i may say safely , not an engaged but a free spectator . i have not been interessed in the designs of any party whatsoever , nor so much as in desire to have any party thrive , further then they have been guided by principles of reason and righteousness unto common good . there is not one sort of men upon the face of the earth , to whom i bear any enmity in my spirit ( though in some respect i must confess my self an enemy to every sort of men ) but wish , with all my heart , they might all attain and enjoy as much peace , prosperity , and happiness , as their state and condition will bear . there are not any to whom i should envy government , but , who ever they are , they should have my vote on their behalf , whom i saw fitted for it and called to it . indeed i am offended , very much offended with most persons and things , and i have a deep charge against them , which at present i keep secret , not intending to bring it forth till i come upon that stage where i may have fair play . yet thus much i will say , which toucheth a little upon it . i am offended both with light and darkness , or rather with that which pretends to be light , and that which is acknowledged to be darkness . i am offended with that which pretends to be light , because it doth not more fairly overcome darkness ; but while it blames it for its dark paths of tyranny , cruelty and oppression , it self seeks ( not by the pure vertue and power of light , but ) by the same weapons , viz. of dark violence to conquer it ; and if it ever prevail this way to do it effectually , i shall be much mistaken . i am also offended with darkness ; because it is not true to it self , not just to it self , not at peace with it self , nor keeps within the sphere of its own dark principles ( even those which it doth acknowledg ) in its own motions , or in its opposing either light or darkness christians dishonour themselves and their principles ; they speak indeed of the light of god , of the life of god , of the power of god , of the great name of god , but are fallen short of the true vertue and glory of all these , both in religion , and in their course in the world . men dishonor themselves and their principles , falling short of that common love , good will and righteousness which very nature would teach them to observe , notwithstanding its depravation , were their ears open . but i delight neither to complain nor accuse , onely i cannot but wish that all cause and occasion of complaint and accusation were taken away from him who doth delight in either . all the liberty i shall now make use of , is onely freely to express what i conceive necessary , in the present confused state of things , to reduce them into some certain safe and well-grounded order , according to plain principles of reason and righteousness , without aiming either at the throwing down or setting up of any person or thing : which , what interpretation soever of weakness , folly or disaffection may be put upon it , i finde not my self very prone to value . this temper hath long attended my spirit , not much to regard , what account either i my self or any else put upon things , but rather to expect what things will then appear to be , when they shal be made manifest by that light , which doth discover them as they are , and will pass such a judgment upon them as they deserve , and shall not be able to gainsay or avoyd . it is a kinde office and a commendable peece of service to help out of the mire , or to offer so to do , yet can hardly be so esteemed by him who observeth not himself to be in the mire , and consequently hath no sense of any need of help : he will rather entertain it with disdain then acceptation , it implying him to be in such a condition as he is unwilling to own or acknowledg . but how ever , as i have on the one hand expressed my sence ( though very sparingly ) of our present entangled condition , wherein we finde our selves at a loss in our very remedy : so i shall on the other hand offer what help my reason and judgment presents to me as proper and necessary to dis-involve us and bring us into a right course . to come then to what i drive at , first i shall speak a word in general towards setling , and then propound more particularly , what things are needful ( considering our present state ) towards the setling of affairs in order , justice and safety , both to dis-engage us from fundamental miscarriages and dangers ( which it is very easie to slip into , and very hard to wade out of , especially after our so long treading in such an unusual track , as of late we have been much driven into ) and to set us straight . towards setling in general i should say three things . first , that we should look well to our setling , look well how we settle . secondly , that we should be careful of avoyding arbitrariness of government in our setling . thirdly , that we should have regard to the rights of the people , and especially to their rectifying right , that it have its free current . 1. we should look well to our setling . shakings generally tend to setling ; and setlings frequently make way for future shakings . shakings are sudden and violent most commonly , not flowing so much from deliberation as from force : but setlings require great wariness and circumspection , lest that corruption which caused our disturbance ( and should be shaken out ) put on a new guise , and settle again on our new foundation ; whereby there are not onely new seed plots strown of fresh ensuing miseries , but also preparation made for a new earthquake . therefore it behoveth us to look well about us , and to settle warily , that we may settle surely . 2. we should be careful to avoyd arbitrariness of government in our setling . if arbitrariness of power , and a government by will , not law , was our burthen , and that which we so strongly desired and endevored to throw off from our backs : then surely they to whom it appertaineth , and who have engaged themselves to free us from it , ought to be exceeding careful and watchful against involving us again in it . if it hath already miscarryed in one hand , it may also do in another : however , in reason we are not to be tyed to run the venture . it is not the change of the hand , but the change of the rule , which we expect as our foundation of safety . he that doth us good in an arbitrary way , and by an arbitrary power to day , may by the same way and power do us harm to morrow . 3. in our setling regard should be had to the rights of the people , and especially to their rectifying right , that it have its free current . the rights of the people were the main thing presented to view in this great conflict , and therefore in equity should be mainly prosecuted ▪ and most principally those which are their most needful and useful rights . our laws are our rights , and we should be loth to be deprived of any of them ( whose reason was both good at first , and remaineth still in force : ) but there are some rights and liberties which are the root and foundation of our laws , and our ultimate refuge for succour and safety ; and therefore much nearer to us , and more essential to our happiness , then others are . these are especially to be regarded . and this so much the rather , because the people are so fit a body to be subjected and trampled upon , that it is very hard for those which are great in power , to keep their feet from off their necks . alas , the people have no way to avoyd danger but by running upon the rocks ; they have no way to shun ruine , but by hasting into ruine . those they chuse to govern them gently , to defend them , may fit hard upon their backs , yea themselves may make a prize of them : and if they can in length of time , through many difficulties , obtain and appoint trustees to rectifie these miscarriages , yet how many temptations they have to mismanage it , they think not of , and how they will manage it , they know not . experience doth still shew how difficult it is throughly to mind the good of the people . one half of the work is sometimes done ( sometimes very often ) viz. the crushing of oppressors : but the other half , viz. the breaking the yoke of oppression , is very rare and hard even for them to do who have prevailed to shake the oppressors out of their seats . thus much in general . now more particularly , there are four things appear to me as necessary , unto a fair and firm setling . 1. a clear distinction between the administrative or executive power , and the legislative or judicative : that as they have in themselves , so they may retain in their course , their clear and distinct natures , the one not intermixing or intermedling with the other : that the administrative may not intermingle it self , or meddle with the legislative , but leave it to its own free course ; nor the legislative with the administrative by any extemporary precepts , directions or injunctions , but only by set and known laws . things which are severed in their nature must likewise be severed in their use and application , or else we cannot but fail of reaping those fruits and effects which we desire from them , and which otherwise they might bear , and we enjoy . 2. a prescription of clear and distinct rules and bounds to each . that the trust , power , priviledges and duty of each , which flow from the common light of man , and are intended for the common good of man , may be made evident to that common light ; that the people may know hereby what they are to expect from each , what they are to expect from the parliament , what they are to expect from their supream governor or governors , and so may be understandingly sensible of good or ill usage . there is nothing ( among that nature of things we now treat of ) of it self unlimited : and the more clearly the limits of any thing are set and known , the greater advantage hath it both to move safely , and to vindicate the integrity and righteousness of its motions . if the limits of power be not described and made known , it will be left too loose in its actings , and the people also will be left too loose in the interpretation of its actings ( neither of them being groundedly able to justifie themselves in either unto the other ) neither of which is safe . if the parliament hath one apprehension of its limits , and the people another , they can neither be satisfied in the other ; but the people must needs disrelish the actions of the parliament , and the parliament cannot but think themselves injuried by the people , which may occasion the laying of a dangerous foundation of discontent and division between them . yea hereby the parliaments best friends may be forced to become its enemies , and it may be forced to deal most sharply with its best friends , and so weaken its best strength , and the best strength of the nation . those that are friends to things are not friends to persons , any further then they are subservient to things . it is as hateful to true-bred-spirits to idolize the name of a parliament any more then of a king : it is righteousness , rightly administred in its own proper way and channel , by persons in place and power , which alone can make them lovely to such as love not men , but righteousness . it was the error of the foregoing governing power to esteem it self more at liberty , then in right it was ; it may also be the error of the present legislative power , yea their condition exposeth them more unto it ( their liberty being larger , or of a larger kind ; ) and therefore they ought the more abundantly to beware of it , and to apply themselves to produce , or cause to be produced , a true and fair discovery of those bounds and limits wherein they are ( by the nature of things ) circumscribed : for if they do not know them , it will be impossible for them to keep within them ; and if the people do not know them , it may be difficult ( in many considerable cases ) to them to believe that they do keep within them . 3. an unquestionably free and equal parliament . it is not every cause which will produce a true and genuine effect , but the cause must be rightly tempered to bring forth kindly fruit . it is not every parliament which can heal or settle a nation , or that the people have just cause to rest satisfied in ; but a parliament fairly chosen , equally representing the people , and freely acting for the people . now every man knoweth force to be opposite to freedom . that which is free is not forced , and that which is forced is not free . this parliament hath , visibly to every common eye , been more then once forced ; and it is not very easie after violence to break forth again into perfect liberty : the sense and remembrance of the former force , together with an inward fear of the like again ( if the like occasion shall happen ) may be a secret , though not so apparant a bond upon their spirits , which may in some particulars incline them both to do what they would not , and to neglect the doing of what they would . besides , it may be considered how far that visible force , which caused so great an alteration in the parliament , and such a change in affairs , did intrench upon the freedom of parliament . for though every detention of some or many members may not disanul the freedom of a parliament , yet some kind of detention , so and so qualified , necessarily doth . an occasional or accidental detention is not of so great force as an intentional : yet if such an accidental detention of some of the members should happen , whereby the state and course of the parliament should be changed , it might well be disputed , whether the rest ( still sitting and acting contrary to what was done before those members were detained ) might be accounted a free parliament , ( when such a force was visibly upon some part of it , as changed the whole state of affairs in it : ) for this were plainly an accidental bending of the parliament from its intended course , from its free current , and so far as it is bent it is not free . but in the case in hand there was yet more , there was an intentional bending of the parliament , ( as was expresly declared by them who were the instruments to bend it ) there was a culling out of those who stood in the way of what the army thought just , safe and necessary to be done . and this was done purposely that the parliament might be put into another posture , and act other things different from what , as they were then constituted , they could be drawn unto . now though there should be a violent detention of divers members of the parliament from doing that service , which they ought and desire to do according to their judgments and consciences ; yet if the parliament be not bent hereby , but go on in the same path it was walking in before , it hath the greater advantage thereby to argue and to make good its freedom : but if by this force it be visibly and apparantly bent , put into another posture , and into contrary ways and motions , the evidencing of its freedom will , in this case , be more difficult . there might yet be further added the judgment of the army concerning this action of their own , who were likely to look favorably upon it being their own , but i purposely wave it : for i do not go about to make the most of these things , but desire only the granting of thus much to me , that this parliament is not unquestionably free , and so the people , who are sensible thereof , cannot rest fully satisfied in their spirits , that this present engine is their evidently-genuine and proper engine . and as this present parliament is not unquestionably free , no more is it an unquestionably equal representative of the people , neither in respect of the number of the persons , nor in respect of the qualification of the persons . first , for the number of the persons . every county , city , borough , having their stock going , their right and interest concerned in the whole , their particular advantage or disadvantage while parliaments sit ; so they ought to have their proper substitutes or representers to appear for them , to stand in their stead , to have an influence in the managing of their particular cases , and their right in the whole , which , as the case now stands , many do want . secondly , for the qualification of the persons . for it is not a number of persons ( though chosen by the people ) simply considered , that do or can represent the people : they are but shadows , not the true representatives of the people ( though designed by the people to that end ) unless they be rightly qualified . how is that ? why thus : by understanding the condition and desires of those they stand for , and by representing those desires seasonably in their stead : for they are chosen to be common persons , and therefore ought to have the common sense of the rights , liberties , safeties , needs , desires of those they stand for . if a man undertake to appear for me , and doth not know or care to know what i need or desire , he doth me a double injury ; both putting me to the loss of that which i might obtain , and depriving me of the means i might otherwise have attained it by . now there is a great exception against these present representers in this respect , the state of things , and consequently burthens being much changed , since they were chosen to represent them . it is a long while since the first sitting of this parliament , and the change of power , with other things , may have caused many new burthens , which they , being in power , cannot so fully feel , nor seem so fit to be judges of . the burthens of the people still arise from the present power , that power from which they did formerly arise is removed , another hath succeeded : now they who are the greatest in the succeeding power seem no way fit to represent the burthens of the people under that power : but such of the common people as lie most under them , and most feel them , are likely to be most fit to represent the sense of them . these indeed might be fit , when they were chosen , to be judges of former burthens and oppressions , but they seem not now so fit to be judges concerning present burthens and oppressions : not that which manageth the power can so fairly , clearly and sensibly judg whether it be easie or grievous , but that which lieth under it . and here i may not unfitly add one thing concerning the way of managing affairs in parliament so much in use , viz. by votes ; the necessity whereof in some cases , and the multitude of transactions , may have been an occasion to draw into more common use then is either fit or safe . my ground of excepting against it is this . the actions of the people ( and so of the parliament , who are the collective body of the people ) should be very clear and evident to the eye of common sense , so as to bear down all opposition or gainsaying . the people should desire the removal of nothing but what is evidently burthensom , the addition of no law but what is evidently good , the punishment of none but him who hath evidently been an offender . but the putting things to vote is an argument against this clearness and evidence , and doth seem to whisper , if not to speak out , that things are doubtful , and that the determination is also doubtful , arising not necessarily from the strength of reason , but perhaps from the number of voyces . i confess it is impossible for such a body to manage many affairs without this course : but i cannot conceive that ever nature cut out such a body for the managing of many affairs . it is a body of the common people , who are not supposed to be skilful in administring government , nor intended to meddle in managing of affairs , but only to set them in a right posture , and in a fair way of administration . a few , easie , necessary things , such as common sense , reason and experience instructeth the common sort of men in , are the fittest things for them to apply themselves unto . indeed the people should have no more hand in or rather about government , then necessity requires for their own preservation , safety and welfare ; and dispatch quickly what they have to do ( as a few plain things may quickly be done ) and so return into subjection unto government again , whereby alone they will be able to know whether they have done well or ill in what they have done . again , as it is a body of the common people , so it is of a great bulk ( it cannot be otherwise formed , ) and therefore not fited for many motions , but only for such as are flow and sure . yet their slowness of motion ( the right order of nature being observed ) will be neither burdensom to themselves nor others , being recompenced by the fewness of those things which nature ( i mean the nature of their end , call and trust ) hath appointed for them to do . 4. a regular way of elections : that the people might be put into a fair , clear , understanding way of managing this : that they might not be urged from favour to the present administring power to make their choyce according to their desires , but might be left free therein , and might be incited to wariness by being instructed of what concernment their choyce is : that if they chuse amiss they contribute towards the laying a foundation of enslaving themselves and the whole nation . the people have a sense of their own good , as well as a desire to please their superiors , and if that sense were by suitable means quickened in them at the time or season when they chuse , they would be so much the more careful to make choyce of such as were fittest to represent that sense . in such a great and extraordinary remedy there should be extraordinary care about every step and degree of the framing and constituting of it , that we may be sure ( as sure as possibly we can ) to have it right and fit for its appointed end and use : for one error here is as it were a womb of danger and misery , which hereby it is in a way to bring forth . now that the people might put themselves , or rather be put ( for they can hardly do any thing themselves orderly ) into such a posture as they might chuse most advantagiously to their own good ; and that those whom they chuse might the better understand the end , work , &c. for which they are chosen , and the better apply themselves thereto ; that both these might be more commodiously done , i shall propound these three things . ( and here i desire free scope in the ballance of every ones judgment , for i propose not these things from any conceit of them , but meerly from the strength of that reason which representeth it self to me in them , having no desire they should take place , so much as in any ones mind , any further then the reason in them makes way there for them , and it will be my delight and joy to see them give place to any thing which is better or more solid . ) 1. that the counties , cities or boroughs meet together ( as they were wont to do to chuse their knights , citizens or burgesses ) to chuse a convenient number of their commonalty as a committee to chuse their knights , citizens or burgesses for them for that one time . i speak now in general concerning a convenient way of chusing , but if i were to speak concerning a sudden new choyce , i should add this . that none should be admitted either to be chosen or to vote in this choyce , but such as have been faithful to their country in the late great defection : for which end , that exceptions should be drawn up , and great penalties annexed to them , to be inflicted on such as should venture to give their vote , who are excepted from chusing ; or such as shall accept of the choyce , who are excepted from being chosen . ( only these exceptions should be so plain , as there may be no cause of doubt or scruple concerning the interpretation of any of them , lest they prove a snare to any to deprive them of the exercise of their just right and liberty herein . ) it is undeniably just and rational , that the people having fought for their rights and liberties , and purchased them with the expence of their blood , should now enjoy them , and not permit such a participation of those among them , who endeavored and fought against them , as may cause a new hazard of the return of that into their hands , which hath been thus difficultly and costlily recovered from them . 2. that this committee immediately upon their being chosen ( before or at their first sitting ) may have an oath administred unto them , to this intent . that without partiality , regard to friendship , or any other by-respect , they shall chuse ( either from among themselves or elsewhere ) him whom they shall judg most fit , both for ability and fidelity , to serve his country in general , and that county , city , or borough in particular . 3. that this cōmittee , immediately after they have finished their choyce , consult about and draw up ( and that an oath be administred for this end likewise , or a clause for it inserted in the former oath ) a copy of what , according to their consciences , they conceive them to be entrusted with by the people ; with what kind of power , in what sphere , and to what end ; which might be before them as a light and rule unto them , though not absolute , yet it might be very helpful : whereas otherwise ( without some such help ) persons called to that employment may be ignorant what their work is , and from this ignorance ( and their own modesty together ) may joyn with others in the way they find them in ( if a parliament be sitting ) or in the way some , who are most looked upon , may propose ; in the mean while they themselves not understanding where they are , to what direct end , or upon what ground they act . and i must confess this hath ever made me unwilling to venture upon that employment , not having clear and certain instruction how or what to act therein : and i must confess my self somewhat unsatisfied to undertake a trust , the nature whereof is not clearly manifested unto me . i am content to serve my country with all my poor strength , but withall cannot but be shy of such a snare of doing them disservice in stead of service , as my own remediless ignorance herein may necessarily expose me to . and perhaps there may be some others who may stand in need of this help as well as i : however , a clear and plain way of knowledg , methinks , should be burdensom to none . such kind of things as these are proper transactions for a parliament , for there may be errors or defects in this kind which the people cannot come together to consult about and heal , yet it is requisite such things , in this kind amiss , should be healed , who therefore fitter to do it then their representatives ? and what might not be done in this nature , and entertained thankfully by the people , if it were so managed , upon such plain grounds of reason and principles of justice , and in such a plain clear way , as might carry conviction , that it was not done from any selfish respects , but for common good . it is a jealousie in the people , that their substitutes neglect them , and mind themselves , which makes them interpret their actions so ill , which jealousie by this means would easily be rooted out of the people , nay it would fall of it self . these are the things which to me seem necessary to set us right . and if it were once thus , that powers were rightly distinguished according to their own natures , rightly bounded within their own spheres , ranks , orders and places ; if there were also a parliament in every respect fairly chosen , set right in its constitution , and rightly acting according to its own nature , end and work within its own bounds , there might be some ground of hope both towards the well setling of things at present , and the easie further amending of what should be found amiss afterwards . but i dare confidently affirm it , that until the true way , course and end of nature be discovered and observed , let there be never so many other advantages ; a parliament never so wise , never so industrious , never so faithful ; a people never so pliable and thankeful , never so quiet and patient , both in submitting unto the pains of their cure , and in continual renewing of their expectations when it will once be ; yet the desired end will never be effected by the parliament , nor enjoyed by the people . if a parliament will produce such or such effects , it must become such or such a cause as is proper to produce those effects , ( and operate like that cause ) otherwise it will be impossible . there is one thing more i desire to mention , of no small importance , ( with the same freedom which i have used hitherto ) which hath been acted publiquely in the sight of the world , and will one day be examined more publiquely . that which is well done will endure a review ; and that which is ill done doth deserve a review , that it might be amended : yea that which is of very great consequence may in equity require a review . the thing is this , that there might be a revisal of this present government ( whether by this present parliament , or an ensuing , or by both , i determine not ) wherein it might be taken into full consideration ( more full perhaps then that present exigence of affairs , when it was first pitched upon , would permit ; ) first , the necessity of a change ; and secondly , the commodiousness of this change , or certainty of advantage by this change : for changes are never good but when they are necessary , and when the change is certainly , or at least very probably , for the better . now as there is at some times need of a change , so there is at other times an itching humour in man after change , when there is no need : yet a man who hath a mind to change , will take it for granted that there is a need of change , and run greedily into it though he suffer loss thereby , changing for that which is ten times worse , even in that very respect , because of which he changeth , only his eye being blinded by his present desire and interest , he cannot discern it . there ought to be much circumspection in all weighty changes : this , being the most weighty and of most concernment to the people , deserves the greater wariness and the more thorow scanning . it doth not become wise men to take a prejudice against a thing because they have smarted by it , or to conceive well of another thing because it is different from that , or because it appeareth plausible at first view , or because they have not yet had experience of the incommodiousness , evil or danger of it ; but narrowly to pierce into the ground and nature of things , and from a clear sight thereof to bottom their change . in changing either governments or governors , it is very incident to man to be unjust . man ordinarily doth that unjustly which is just to be done . because of his sense of smart , he is become an enemy ( and so far an unfit judg ) to that and them which he smarted by ; and can very hardly afford them a fair hearing of what they can say for themselves . yet this is the due of every thing which is layd aside . and for my part , though i shall not plead for the resettlement of kingly government ( for i am not so far engaged in my affections to it , as it yet hath been ) yet i would have a fair and friendly shaking hands with it , and not any blame layd upon it beyond its desert : for doubtless it is both proper , good and useful in its kinde , and hath its advantages above any other government on the one hand , as it hath also its disadvantages on the other hand . now since i have waded thus far herein , i will proceed a little further , propounding what way i should judg most convenient for my self to take , if i were to have an hand in this particular , so as i might discharge it with most justice in reference to the thing it self , and with most satisfaction in reference to my own spirit . ( every man must be master of what he doth in his own understanding , or he cannot act justly ; and his heart is poor and weak , if it can be satisfied in managing things beyond his strength . ) in the first place ( supposing i had power ) i would require such learned lawyers , as i should judg most fit , to give me a plain and full description of kingly government ; of the duty , power , prerogatives of it , with all the several bounds of it , according to the laws of this land . secondly , i would consider , whether any of these were defective ; and particularly since the prerogative part was so encroaching , what bonds might be layd upon it for the future , and how far they might be able to binde it fast from intrenching upon the rights and liberties of the people . thirdly , i would consider , what security or certainty might be had of a setled course of parliaments in fitting seasons and with sufficient power for remedying any grievances which might arise to the people from this government , or from any governors which might be employed in it : for in every government there are ( besides the supreme ) sub-governors , who are usually the greatest oppressors . having done this , fully and fairly , to the satisfaction ( not of my will or desire , but ) of my understanding unbyassed ; i would as fairly propound , to my view , the other government , which might seem fit to succeed in the stead of this . i would take a full draught of it ; the duty , power , prerogatives ( for such it ought to have ; its work being hard , in equity it should have priviledges to sweeten it ) and several limits of it . i would consider again and again , how it could be bound faster then the other : how the convention and session of parliaments in season , with full power and freedom , might be more certain under this . and after full and thorow consideration of every thing needful to be considered , if it did indeed appear that errors in the former kinde of government could not safely or easily be amended , nor the dangers thereof well prevented , but might with much more safety and ease be both amended and prevented in the latter ; then would i abolish the former , and settle the latter . this , in my apprehension , would be a fair and just way , and would not expose me to drink in prejudices ( which become not a judg ) against the government which is to be called into question ; or to lay that as a particular objection to it , which other governments are as liable unto . neglecting of duty , grasping of extraordinary power , enlarging of priviledges and prerogatives , trampling upon them that are low , that are as it were the earth under them , riding in pomp upon the backs of the people , &c. these are common to every government , and will be growing up under every government further then they are powerfully suppressed . as for that great objection of the enmity of kingly government to parliaments , any other government may be as liable to it . no ordinary supreme power loveth an extraordinary supreme power ; and what power soever be set up , it will go neer ( if much care be not used to prevent it ) to have an influence upon the choyce of parliament men , and will be molding the parliament to it self , which if it cannot do , it will hardly look upon it as its friend . i must confess the changing of the form of government is not so considerable in my eye , but the fixing of so strong and safe bounds and limits , as a good governor or governors may delight to keep within , and a bad or bad ones may not be able to break through : which may be much helped by the frequent use of parliaments , if they can be kept within their bounds , or else that will be worst of all according to that known maxim , corruptio optimi pessima , the best thing being corrupted proveth worst . when this is done ( for i do not look upon it as yet done , till all reviews , which in reason and equity can be desired , are first over ) and the supreme governor or governors fully agreed upon : then it will be seasonable , just and requisite to restore to them those rights and priviledges which belong unto them , and which it is the minde of the people they should have : as particularly his or their consent in making laws . it is great reason the people should make their own laws ; and it is as agreeable to reason , that he who is to govern by them should consent unto them . as the people ( so far as they understand themselves ) cannot but be unwilling to be made slaves by their governor , to be governed by such laws as he should make at his pleasure : so neither should they desire to make him a slave , by putting what laws they please into his hand , requiring him to take care of the observation of them : but a mutual agreement & transaction in things of this nature is fairest and most just . yea this would be most advantagious to the people , for he who constantly weilds the scepter is in likelyhood best able to give advice concerning laws , and may put them into a better way ( by vertue of his experience ) of attaining their ends and desires then they of themselves can light upon . if the chief governor or governors shall refuse to assent to such laws as are evidently good and necessary , a better remedy may be found out then the depriving of him from this liberty . the true way of curing is difficult , requiring much skill , care and pains ; the common way of man is by running out of one extream into another , which he is apt to please himself much in , because he observeth himself at such a distance from that which he found so inconvenient and perhaps so mischievous before . but this is neither just in it self , nor can prove either easie or safe in the issue . to draw to a conclusion ; i shall onely mention some few properties of a good governor , to which the people should have respect in their choyce , and to which he who is chosen by the people to that degree and honor , should have respect in his acting . there are two properties or proper ways of motion ( which contain in them several properties ) of a good governor , which , if he will be furnished unto , will make him very useful and serviceable in his place . 1. to manage his trust with all care and fidelity . to neglect himself , his own particular ease , pleasure , advantage ; and apply himself to the good of the whole . to minister justice equally , fairly , freely , speedily ; and mercy tenderly . to punish meerly for necessity sake , but to relieve from his heart . 2. to settle the foundations ( so far as lies in his way and within his reach ) of the peoples liberty , peace and welfare , that it may be in a thriving condition growing still more and more : for the welfare of the people doth not so much consist in a quiet , prosperous , setled state at present , as in a good seed for future growth , whereby alone the government can come to yeeld the good fruit of a present good setling . it may cost much at present to manure the ground and plant a good government , the benefit is to be reaped afterwards , which will lie much in the governor , who may help much to cherish or blast it . the main thing in a governor ( which will much fit him unto both these ) is to keep within his bounds : not to think or undertake to do all the good which is needful to be done , but that good which belongs to his place and office : not to avoyd bonds , but to desire to be bound as fast as may be . he who is indeed unwilling to transgress , to do evil ; is willing to be tyed up , as fast and close as can be , from all temptations and advantages thereunto . good honest plain-dealing-hearts are too apt to desire scope , thinking onely to improve it for good ; and others are too apt to trust them , little suspecting that they will do otherwise , till at length on a sudden so evident snares and temptations overtake them , as give too plain a proof of the contrary . this experience is so deep , that it may well be questioned , whether it were better to have a bad governor being fast bound , or a good governor being at liberty ; which would be very difficult to resolve , because on the one hand it is so hard to finde bonds to binde a bad governor fast enough , and so difficult on the other hand for a good governor being left at liberty , to act well . he who hath had experience what he is , when he is left at liberty , and what others are when they are left at liberty ( how easily his or their judgment , will and affections are perverted ) will neither desire to be left at liberty himself , nor to have others left at liberty . a good governor might do great service in this respect , namely both by a ready compliance with his bonds ( for the good and necessary use of them ) which is very rare ; as also by seeking further bonds , where he can discover starting holes , which is yet more rare . man naturally seeketh liberty from bonds , desireth to avoyd them : he would binde others , but be without bonds himself : others need bonds , but he can act well without them , yea he can do more good without them then with them : they may be a fit curb for others , but they will be but a clog to him in the pursuit of the peoples happiness , whereby he shall be hindered from doing that good service which he would and otherwise might : thus the best men , many times , come to do most hurt , least suspecting themselves , and being least mistrusted by others . ( who would not beleeve his own heart , that if he were in place and power he would not do thus or thus , but amend this and that and the other thing ; and the more scope he had , the better and more swiftly would he do it ? ) but to seek bonds , to desire to be hedged up from every thing that is unlawful or unfit ; to seek where one might evade and prepare before-hand strength to resist it , engines to oppose and keep it back , this is as unusual an undertaking in governors , as needful and profitable for the people . there would one great advantage from this arrive unto posterity , besides that which the people themselves might enjoy under it at present : for it would make the fruit of a good governors government extend it self to future generations , in this respect , because by this means there would be bonds prepared to tie up such as should afterwards succeed , who might be more inclinable to break forth into unjust and by-ways , then a present governor or governors . there are none who have such advantage to espy starting-holes , as those who are penned up : and if they be careful in espying and faithful in stopping up those holes ( by putting the parliament upon setting such fences of laws so made about them , as may best secure the people in this respect ) the administration will soon prove both regular and safe , as also in a thriving condition , in so much as that the liberty , safety , and sound prosperity of the people will grow more and more upon them . finis . by the king. a proclamation for the ease of the citty of oxford, and suburbs, and of the county of oxford, of unnecessary persons lodging or abiding there proclamations. 1643-01-17 england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a79005 of text r232023 in the english short title catalog (wing c2610). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a79005 wing c2610 estc r232023 99897796 99897796 137325 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a79005) transcribed from: (early english books online ; image set 137325) images scanned from microfilm: (early english books, 1641-1700 ; 2527:15) by the king. a proclamation for the ease of the citty of oxford, and suburbs, and of the county of oxford, of unnecessary persons lodging or abiding there proclamations. 1643-01-17 england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.) printed by l. lichfield, [oxford : 1643] dated at end: "given at our court at oxford, the seventeenth day of january, in the eighteenth yeare of our reigne." imprint from madan and wing (cd-rom edition). reproduction of original in the bodleian library. eng england and wales. -army -barracks and quarters -early works to 1800. vagrancy -england -early works to 1800. oxford (england) -history -early works to 1800. broadsides -england a79005 r232023 (wing c2610). civilwar no by the king. a proclamation for the ease of the citty of oxford, and suburbs, and of the county of oxford, of unnecessary persons lodging or england and wales. sovereign 1643 741 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms by the king . ¶ a proclamation for the ease of the citty of oxford , and suburbs , and of the county of oxford , of unnecessary persons lodging or abiding there . his maiesty being inforced to draw into these parts and places diverse regiments of souldiers , who want fit places to billet them in , by reason ( as he is informed ) there are many women and children as well as men , who have no necessary employment either about his majesties person , or court , or army , and yet have thrust themselves into houses and lodgings in these places , from whence they keep out others , which must be placed here , and are but a burthen in the consuming those provisions which are and must be made for those , whose attendance and service is necessary , hath therefore , by the advice of the lords and others his highnesse commissioners , of his princely care , thought fit to publish and declare his royall pleasure and command as followeth . 1. that all such as have houses , or parts of houses , or other roomes , sit for the entertaining , lodging , or disposing of any souldiers , or others , doe truly deliver the number of roomes they have , the number of bedds , the true number of persons there lodged , entertained or receaved , and their names , as neere as they can , and to whom they doe belong , or under whose command they are . 2. that all such as are so lodged or entertained doe truly deliver what their qualities are , under whose command , or upon what attendance , either to the court or army , what their names are , and doe truly set downe what bedds they have to receave them , and where . 3. that if any doe refuse to give such true information , or doe mis-informe in any thing , or doe colour any others to lodge there which ought not so to be , that he or shee shall be subject to that punishment which the offence deserveth . 4. that if any person shall not immediatly , or within twenty foure houres after the publishing of this proclamation , depart from this citty and suburbs thereof , and county aforesaid , who cannot justify their abiding here as aforesaid , they shall be sent away by the officers of the army , or ministers of iustice , as the case shall require , with such disgrace as they deserve for such their fault herein . 5. that if in this county there be any women or children lodged or entertained under pretence of attending the army , or any souldiers therein , that the commanders in that place shall examine and certify to the kings commissioners , what they conceave to be fit , according to whose certificate , that shall be done which shall be just in such case . 6. that if any have houses of abiding in this county , or neere thereunto , that they remove thereunto speedily , where they shall have the kings protection for their safety . 7. that if any shall in any of these things offend , they are hereby to know , that they shall not only incurre the danger of contempt to his majesty for such their offence , but also such other punishment as the nature of their offences shall deserve . 8. that if any person come into the citty or suburbes thereof , he shall that night , or before , discover unto st iacob ashley the governour of the citty , his owne name , and the names of his servants , or company , and the place from whence he came , and the occasion of his comming . and that the master of the house shall , before any new commer shall lodge in any house , deliver the name of such person and his company to the governour of the citty , upon the like pain as aforesaid . ¶ given at our court at oxford , the seventeenth day of ianuary , in the eighteenth yeare of our reigne . god save the king . a proclamation by his excellency robert earle of essex, &c. captaine generall of the army imployed for the defence of the protestant religion, king, parliament, and kingdome. together with a letter from a gentleman of quality residing in the army, concerning the advancement of the army towards oxford. essex, robert devereux, earl of, 1591-1646. this text is an enriched version of the tcp digital transcription a84112 of text r1862 in the english short title catalog (thomason e49_30). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a84112 wing e3327 thomason e49_30 estc r1862 99860439 99860439 112559 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a84112) transcribed from: (early english books online ; image set 112559) images scanned from microfilm: (thomason tracts ; 9:e49[30]) a proclamation by his excellency robert earle of essex, &c. captaine generall of the army imployed for the defence of the protestant religion, king, parliament, and kingdome. together with a letter from a gentleman of quality residing in the army, concerning the advancement of the army towards oxford. essex, robert devereux, earl of, 1591-1646. gentleman of quality residing in the army. [2], 5, [1] p. printed for t. g., london : 1644. this proclamation to prevent plundering is dated 26 may, 1644. reproduction of the original in the british library. annotation on thomason copy: "may 28". eng england and wales. -army -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a84112 r1862 (thomason e49_30). civilwar no a proclamation by his excellency robert earle of essex, &c. captaine generall of the army imployed for the defence of the protestant religio essex, robert devereux, earl of 1644 458 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-05 tcp assigned for keying and markup 2007-06 apex covantage keyed and coded from proquest page images 2007-07 emma (leeson) huber sampled and proofread 2007-07 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a proclamation by his excellency robert earle of essex , &c. captaine generall of the army imployed for the defence of the protestant religion , king , parliament , and kingdome . together with a letter from a gentleman of quality residing in the army , concerning the advancement of the army towards oxford . london , printed for t. g. 1644. robert earle of essex , &c. captaine generall of the army imployed for the defence of the protestant religion , king , parliament , and kingdome . whereas these countries have beene very much afflicted and oppressed by the enemy , and we are now come to relieve them of their hard bondage . it is therefore my expresse will and pleasure , and i doe hereby straightly charge and command all officers and souldiers of horse , foot , and dragoons , belonging to the army under my command , that they and every of them doe forthwith after proclamation hereof made , forbeare ( notwithstanding any pretence whatsoever ) to plunder or spoile any of the goods of the inhabitants of these countries , or offer any violence or other prejudice unto them , upon paine of death without mercie . given under my hand and seale this 26 of may , 1644. essex . a letter from a gentleman of quality residing in the army , to his friend in london . sir , the armies are this day on their march . yesterday the lord roberts marshall generall of the field marched with a party of horse and foot ( by his excellencies order ) and possest themselves of abington , which the enemy the day before quitted , and retreated to oxford ; truely ( blessed be god ) the enemy flies before us and durst not oppose . the countrey where we now are , are in a very poore condition , and truly the enemy dealt so inhumanely with them , that they have almost stript them of all they had in this towne ; as i am informed , some of them ript up sows bellies great with pigges , and did other incredible acts of worse nature , besides ravishing three mayds ; and when they had done this , they said they would do what other mischiefe they could , because they had but a short time to raigne . herein is his excellencies proclamation to save all that is left by the enemy , which is very little . i rest , your assured friend . blewbery , may 26. 1644. in the morning . sir william waller was this day at sutton , which is between oxford and abington . finis . a meditation for the 30th of january, the anniversary of the murther and martyrdome of k. charles the i. the best of kings, of husbands, of fathers, of christians, and of men; who was decolated on that day, anno domini, 1648. and in the four and twentieth year of his sacred majesties most gracious reign. rementería y fica, mariano de. this text is an enriched version of the tcp digital transcription a92213 of text r212588 in the english short title catalog (thomason 669.f.25[74]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a92213 wing r46 thomason 669.f.25[74] estc r212588 99871192 99871192 163879 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a92213) transcribed from: (early english books online ; image set 163879) images scanned from microfilm: (thomason tracts ; 247:669f25[74]) a meditation for the 30th of january, the anniversary of the murther and martyrdome of k. charles the i. the best of kings, of husbands, of fathers, of christians, and of men; who was decolated on that day, anno domini, 1648. and in the four and twentieth year of his sacred majesties most gracious reign. rementería y fica, mariano de. 1 sheet ([1] p.) s.n.], [london : printed in the year, 1660. signed at end: written and wept by m. de r. of the middle-temple, exq. 3. place of publication from wing. annotation on thomason copy: "august 20". reproduction of the original in the british library. eng charles -i, -king of england, 1600-1649 -assassination -early works to 1800. england and wales. -sovereign (1625-1649 : charles i) -early works to 1800. a92213 r212588 (thomason 669.f.25[74]). civilwar no a meditation for the 30th. day of january, the anniversary of the murther and martyrdome of k. charles the i. the best of kings, of husbands rementería y fica, mariano de 1660 1103 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2007-09 elspeth healey sampled and proofread 2007-09 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a meditation for the 30th . day of january , the anniversary of the murther and martyrdome of k. charles the i. the best of kings , of husbands , of fathers , of christians , and of men ; who was decolated on that day , anno domini , 1648. and in the four and twentieth year of his sacred majesties most gracious reign . cain rose up against abell his brother , and slew him , gen. 4. 8. hard hearted nature ! that being yet so young , should bring forth so cruell a monster ? a brother to kill a brother , and that for no other quarrell , but for his righteousnesse , because his deeds were good , and cains evill ; what malignity , did our first parents fall , distill into all the succeeding race ? yet being question'd by the voice of heaven , cain , desperately evill as he was , was not so impudently shamelesse as to own , though not so ingenuous , as to confesse the fact ; but why should we remember cain with so black a character ? cain , a saint may seem , compared with the sons of beliall , whom this latter age hath produced ; we have seen ( as this day englands direfull tragedy ; england , that most dismally , hath committed felony upon her self , and with her own bloody hands , cut off her own royall head : oh , 't is a sad judgment that upon the defect of our prayers , and the omission of our obedience , is fallen upon us , a judgment accompanied with such lamentable consequences , occasioned by so deplorable an action , so fatall a blow , as no hand can write the story of it , for trembling , or if it could , no eye were able to read for weeping ; no tongue is able to speake it's greife , for stammerings and titubations , or if it should , no ear were able to heare it , for glowing : nay , we have seen that , that is so far from being communicable to posterity in any credible relation , that we our selves , can hardly beleive our selves , to have seen a most gratious , glorious king , setled in his fathers throne , by the laws of god and of the land , confirmed in his regall power , by the oathes of allegiance , taken by his very enemies , in the issue of a sharp tedious vvar , after the expence of many thousands , of noble , generous , loyall , protestant christians lives , in his just defence , to be at length , by the power of a rebellious , treacherous crewe of his own , subjects , ( and many of them his falfehearted , houshould servants , ) born , and bred , and grown rich , under his happy government , ( and by his liberall hand ) brought to a solemn tryall , under pretence of law , formally arreigned for his life , and adjudged by those that were his professed foes , ( and without being heard ) as a tyrant , traytor , murtherer and a publique enemy to be put to death , by the severing his head from his body ; and that this sentence should be executed , by the force of the souldiery , on a scaffold , erected before his own court ? in the midst of populous london and westminster ; in the face of the sun at noon day ; god , angells , men , looking on ; and to pass through his banqueting-house , his house of state and pleasure , to this mount-calvary ; and as a lamb , before the shearers not to open his mouth ? oh the heavens ! i dare not enter into too serious a consideration of this unheard off , unparalel'd fact , least i drown my senses in the abysse of incomprehensible sorrows ; the whole world abroad stands amazed at it , england onely being under the stroke , remaines , stupidly insensible of her own , both sin and misery : the earth indeed at this day , was not felt to quake , but all mens hearts , ( not more hard , then the adamant ) trembled : the graves indeed did not open to let forth their dead , but many tender-hearted , amongst the living , with grief dyed , and went to their graves , the values of our temples indeed , were not rent , but our material temples themselves , in this the head of our church on earth , were vertually destroyed in his majesties dominions : more , i cannot tell more , on this sad theam ; i dare not so much as think , least i thinking , dye : much lesse doe i know what to do , ( for since the creation of the vvorld , the like hath not been seen ) but mine eyes ; deare god ? are towards thee . ejacvlation . lord ! how long wilt thou be angry ? shall thy jealousie burn like fire for ever ? if this be done to the green and fruitfull tree , what shall become of the drie and withered ? if a gracious king , whome thou hast made so neer thy selfe , escape not thy hand of temporal punishment , what may a rebellious , a monstrously sinfull people expect ? but in judgment thou hast promised to remember mercy , have mercy then i humbly pray thee , upon the remnant of thy people , preserve us under the shadow of thy wings , untill this tyranny be over-past , and establish over us if it be thy holy will charles the second , the undoubted son and heire of his fathers vertues and crowns , that kings again according to thy own ordinance , may be nursing fathers , and queens nursing mothers in this our israell , that religion , law , liberty , property , commerce , love , and vnity , may returne againe to our bleeding and fainting nations , and all this for thy sons sake , our saviour jesus christ , amen , amen . written and wept by m. de r. of the middle-temple , exq. 3. printed in the year , 1660. the trade of truth advanced. in a sermon preached to the honourable house of commons, at their solemne fast, iuly 27. 1642. by thomas hill, b.d. pastor of the church at tychmersh in the countie of northampton. published by order of that house. hill, thomas, d. 1653. this text is an enriched version of the tcp digital transcription a86360 of text r9372 in the english short title catalog (thomason e110_13). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 126 kb of xml-encoded text transcribed from 34 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a86360 wing h2031 thomason e110_13 estc r9372 99873535 99873535 126012 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a86360) transcribed from: (early english books online ; image set 126012) images scanned from microfilm: (thomason tracts ; 19:e110[13]) the trade of truth advanced. in a sermon preached to the honourable house of commons, at their solemne fast, iuly 27. 1642. by thomas hill, b.d. pastor of the church at tychmersh in the countie of northampton. published by order of that house. hill, thomas, d. 1653. [8], 59, [1] p. printed by i. l. for iohn bellamie, philemon stephens, and ralph smith, london : 1642. with an order to print on verso of first leaf. several variants occur: late copies "have the headlines of pp. 3 and 7 corrected from 'commous' to 'commons.' but in all copies sheets e, f, and g each have two varieties of headlines, which are bound up in various combinations." -jeffs. english revolution, v.3, p.6. annotation on thomason copy: "aug. 12.". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. bible. -o.t. -proverbs xxiii, 23 -sermons. fast-day sermons -17th century. great britain -politics and government -1642-1649 -sources -early works to 1800. a86360 r9372 (thomason e110_13). civilwar no the trade of truth advanced.: in a sermon preached to the honourable house of commons, at their solemne fast, iuly 27. 1642. by thomas hill hill, thomas 1642 20688 40 105 0 0 0 0 70 d the rate of 70 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-05 tcp assigned for keying and markup 2007-06 apex covantage keyed and coded from proquest page images 2007-07 emma (leeson) huber sampled and proofread 2007-07 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion die mercurii 27. iuly . 1642. it is this day ordered by the house of commons now assembled in parliament , that sir christoper yelverton doe returne thanks to mr. hill from this house , for the great pains he took in his sermon this day , preached at the intreatie of this house , being the day of publique fast , at saint margarets westminster ; and that he doe likewise intreat him from this house to print his sermon and that no man presume to print it , till the house shall take further order , but whom he shall appoint . h. elsynge cler. parl. dom. com. i appoint iohn bellamie , philemon stephens , and ralph smith , to print my sermon . thomas hill . the trade of truth advanced . in a sermon preached to the honourable house of commons , at their solemne fast , iuly 27. 1642. by thomas hill , b. d. pastor of the church at tychmersh in the countie of northampton . published by order of that house . iohn 17. 17. sanctifie them through thy truth ; thy word is truth . 2 cor. 13. 8. for we can doe nothing against the truth , but for the truth . london , printed by i. l. for iohn bellamie , philemon stephens , and ralph smith . 1642. to the honovrable hovse of commons , now assembled in parliament . when i first heard that i was designed for this solemne service , being conscious of my own insufficiencie to preach to so awfull an assembly , i couldnot entertaine it without trouble ; yet resolved with luther , rather to undergoe others censures , then to be reproved for ungodly silence , in such times when the lord suffereth . and now i have as much reason to be full of blushings , to thinke that this plaine discourse should be exposed to more publique view ; but herein i must resigne up my self unto your disposings , to whom i owe , & quod possum , & quod non possum , much more then my meanenesse can performe . this sermon , such an one as it is , i humbly tender to your gracious acceptance , who have adopted it ; i put it into your honourable protection , who have listed it ; i commend it to your practicall observation , for whom i intended it ; heartily desiring gods blessing upon your spirits in the perusall of it ; that you may read and act it , turning words into works , that you may repeate it over in your lives , which is the best repetition of sermons . our present breaches , call for a contribution from every one , for the repairing of them ; but much is expected from you , who are called to be publique counsellors , and thereby obliged to expresse a publique frame of spirit ( which is the beautie and strength of a great councell ) , swallowing up your private interests , in the publique welfare . not with baruch , seeking great things for your selves , which is most incongruous to stormy times , but rather resembling melancthon , who professed , though he had many domesticall troubles , yet the publique wounds of the church most deeply afflicted him . england is more bemoaned , by many with that language in austin over the poore man . quomodo huc cecidisti ? alas how camest thou into these distractions ? she may answer as the poore man there , standing in more need of reliefe then discourse . obsecro cogita quomodo hinc me liberes . thinke how i may be rescued out of th●se troubles . towards this blessed worke , i have cast in my two mites , moving in the proper sphaere of a divine , as an agent for the truth , perswading you , who are betrusted by others , and have farre engaged your selves in the reformation of religion , that with all your might , you would promote the trade of truth . it is not for me to suggest a methode in the execution of your counsels . he whose name is counsellour guide you ; yet i shall still pray that in your intention , the purging , the setling , the advancing of true religion may be most dear unto you . it is one maine end , and a pretious fruit of government , that wee may lead peaceable and quiet lives in all godlinesse and honestie . this is well worth peoples wrastling prayers , and your most active endeavours . the stabillity of all our blessings must come by the true religion , gods presence is the best security , who is most powerfully present where there is most power and purity of religion . would you have a flourishing kingdome , advance the kingdome of christ in it . let the state maintaine religion , and religion will blesse the state , could you settle all our state liberties , yet if the arke of truth bee taken from us , our glory is departed , we may write these mourning characters upon all our comforts , ichabod , where is the glory ? it is too high a complement in the lord cordes , a french commander , who often said , that he would willingly lie seven yeeres in hell , so that callice were in the possession of the french againe . we blesse god for that reall selfe-denyall and activity ye have expressed , abating so many personall and family contentments , in your long attendance upon publike affaires . be not weary of well doing , in due season ye shall reape if you faint not . never had any parliament more work to do ; ireland still bleeds , the affaires thereof find unhappy obstructions . to subdue rebellion , to plant religion there , are great matters . england is very much out of frame . the church cals for truth ; the state cryes for peace , they who sowed in hope , reape in feare , out sickles are turning into swords . now to effect an happy correspondence betwixt our soveraigne and his people , a blessed compliance betwixt england and religion , here 's work for the strongest shoulders . never had any parliament greater opposition . as nehem. 4. 17. our builders worke with one hand , and hold a weapon with the other . achitophels plot , rabshekahs raile , sanballats mocke . yea since councels of reformation , there is a more malignant antipathy appears against truth in many places . as 2 tim. 3. 13. evill men and seducers waxe worse and worse , deceiving and being deceived . yet be encouraged worthy sirs . never had any parliament so many thundring legions of praying christians , to assist them . when others insult and blaspheme , iacobs posterity are wrestling with god for you , resolving not to let him goe till he blesse you . and whilst you are pursuing peace , allow this plaine sermon that humble boldnesse as to whisper you in the eare , beseeching you still to maintain your former zeale in the cause of truth . when did your counsels prosper more , then when you were most active about religion . when you were building the lords house . for hee builded yours as hag. 2. 19. from this day i will blesse you . be pleased therfore more and more to engage your selves for the truth , so shal you engage god for you ; let your cause be his cause then his attributes will be yours , his providence will work for you , his spirit wil work in you ; then will you have more with you then against you , though the devill and the pope combine . do your owne work , trust god with his ; duty is ours , events , successe are his . commit the keeping of your soules , of the church , of the state , to him in well doeing as unto a faithfull creator . truth will yet triumph , babylon and all her crutches must downe ; the fight of faith is a good fight , because such souldiers are sure of the victory . the kingdome of christ shall prevaile , though second causes be impotent , yet the zeale of the lord of hoasts will perform this . isa. 9. 7. when hierusalem is restored it will be a city of truth zach. 8. 3. o that all our parliament worthyes , might bee so valiant for the truth that england might become a kingdome of truth ; following chronicles will then give you a share in that honour of being the churches saviours , as obad . v. 21. and god will put zerubbabels high dignity upon you , making you as signets . hag. 2. 23. the good lord guide , unite , act and blesse your counsels , and think upon you for good , according to all you have done , or shall doe for his people . so prayes he who desires to be found , your faithfull servant for the truth : thomas hill . a sermon preached at the fast before the honourable house of commons . proverbs 23. 23. buy the truth , and sell it not . the eternall happinesse of our immortall souls is to be found only in union and communion with iesus christ ; religion is that which gathers and binds up the spirit to close fellowship with him ; this bond is twisted out of those materials , which the severall pen-men of holy scriptures have prepared ; wise solomon hath contributed a good share to this blessed work in his three books , proverbs , ecclesiastes , canticles . i will not confidently with hierome and others , entitle salomons three books , to his three names ; as he was salomon peaceable ( say they ) he scattered proverbiall sentences among young men , to discipline them in wayes of righteousnesse and peace ; as he was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ecclesiastes , the preacher , he wrote the book of ecclesiastes , a pithy sermon , teaching men of riper yeers , the vanitie of vanities in all worldly excellencies . as he was iedidiah , 2 sam. 12. 25. beloved of the lord , he acquainted greatest proficients , with the sweet communion betwixt christ and his spouse in the song of songs . but of this i am sure ; the book of proverbs is sutable to its title , worthy of wise salomon the sonne of david king of israel , prov. 1. 1. in the first book of kings , chap. 3. vers. 9. 11. salomon was an earnest suiter unto god for understanding ; and because he sought it from god and for god , ( so much doth the lord love to see a publike spirit in our private prayers . ) he gave him a large portion of wisdome , with an overplus of other rich advantages ; he obtained both the wisdome of a prophet and of a king , whereby he spake both propheticall and kingly sentences . so much the originall word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} rendred , proverbs seemes to import ; raiguing commanding sentences , being so full of wisdome gravity and authoritie ; and that stile of being master of the sentences , may well be translated from peter lumbard , unto king salomon , who was the author of so many master-sentences . much of the wisdome of a nation , is oft found in their proverbs ; and much of salomons in this book of his proverbs , it being a cabinet of such jewels , as is fit for the closet , of so wise a king , full of short and pithy sentences , like jewels indeed , containing magnum in parvo , much value , vertue , and lustre in a little roome . and for the better discovery of their excellencie , it is observable , that herein they differ from most other scripture ; their harmony is in discord , their beautie in a kinde of contrarietie . if you would understand our saviours parables , minde the scope ; if you would reach many other places of scripture , attend the dependance , but if you desire distinctly to apprehend the proverbs in them , consider the opposition ; which though it appeare not so full in this my text , as in many other of these proverbiall sentences , yet here you may finde two disagreeing parts . first an injunction , buy the truth . secondly , a prohibition , sell it not . this opposition , such as it is , begets two propositions . 1. all the sons of wisdome , must be carefull to buy the truth . 2. though all must be buying , yet none may sell the truth . i will follow the method of the words , beginning with the first proposition . all the sonnes of wisdome , must be carefull to buy the truth . herein by gods gracious assistance , i will take a view of severall branches , enquiring by way of explication and confirmation . 1. what is the commoditie it self , this truth that must be bought ? 2. into the nature of the purchase , with the price of it . 3. what reasons may engage us to trade in this commoditie . and then ioyntly shake them altogether in the application , trying what seasonable fruit they will affoord this grave assembly on this solemne day . every one will be euquisitive concerning the commoditie it self : what is this truth ? i answer , not a metaphysicall truth , that 's for speculation only , not a logicall truth , that 's chiefely for disputation ; nor a morall ethicall truth , that 's but one sprig of speaking ; [ veracitas rather then veritas ] salomons truth here must needs be theologicall . and that not veritas 1o prima , god himself , no creature can compasse so great a purchase , if god were willing to sell it , but veritas 2o prima , derived from that first truth , this may , and must be bought . this is veritas objectiva , as it lyes in the scriptures , both in the principles of it , and conclusions deduced from it ; truth originall and truth derived . and veritas subjectiva seated in us , which we sucke from the word of truth . indeed truth of religion in us , grounded upon the holy scriptures the rule of truth ; which comprizeth truth in our iudgements , when soundly informed ; truth in our wils and affections , when obedientially conformed ; truth in our conversation , when seriously reformed according to the word of truth . there are things in truth well worth our buying , first libertie of truth , that the true religion may have free passage , and not be imprisoned in corners or clogged with difficulties . veritas nihil erubescit praeterquam abscondi . truth blusheth at nothing so much as to be concealed . paul desireth the thessalonians to pray for him , sylvanus and timotheus , that the word of god may run and be glorified . it is a disparagement to christ and his gospel , when that hath so much adoe to creepe , which should run and ride in triumph from congregation to congregation , from kingdome to kingdome . but a most beautifull and honourable sight to see christ at the opening of the first seale , with a bow and a crowne , going forth conquering and to conquer , subduing the heathenish world to the obedience of his gospel by the preaching of the apostles . what though a river be full of good water , yet if frozen , if not an open passage , men may die for thirst . it is the motion of the sun of righteousnesse , that disperses both light and heat . libertie of the gospel makes it a gospel to us . the church in the acts knew how to value this libertie of truth , and therefore when peter was imprisoned instant and earnest prayer was made ; the answer was as effectuall . peter released , herod confounded , and truth set at libertie . of all famines , the soul-famine , gospel-famine is the most grievous , threatned as an heavy judgement , amos 8. 11 , 12. but a most sweet mercy to feel and taste the accomplishment of that promise , isa. 30. 20. though the lord give you the bread of adversitie , and the water of affliction , yet shall not thy teachers be removed into a corner any more , but thine eyes shall see thy teachers . secondly , puritie of true religion , is a good purchase as well as libertie . that we may have an incorrupt religion , without sinfull , without guilefull mixtures ; not a linsey-woolsey religion . all new borne babes will desire {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , 1 pet. 2. 2. word-milke , sermon-milke without guile , without adulterating sophistication of it , of which paul glories , 2 cor. 2. 17. for we are not as many , which corrupt the word of god : but as of sinceritie , but as of god , in the sight of god speake we in christ . whose zealous care it was , 2 cor. 11. 2. to espouse the church of corinth to one husband ( no polygamy in the second marriage ) that he might present them as a chaste virgin unto christ . this he endeavoured by pure gospel means , and by perswading to puritie and singlenesse of heart in the use of those means . the devill is as busie vers. 3. to corrupt peoples minds from the simplicitie that is in christ ; well knowing the simplicitie that is in christ , is the best rule for the churches conformitie , to this we may subscribe without any checke of conscience . and indeed , what are false religions , but humane compositions . the alcoran compounds mahomets fond devices with some fragments of gods word . popery compounds unwritten traditions most presumptuously with holy scripture ; yea it rakes up heathenish customes , revives old jewish ceremonies which are now mortuae & mortiferae dead and deadly , compounding them with the institutions of christ . you may discerne such mixtures in many errors , about the great mysteries of the gospel , even in every linke of the golden chaine of salvation , rom. 8. 30. arminians in the decree of election compound foreseene faith , with the soveraigntie of gods will . in vocation , so compounding mans free-will with gods free grace , that with them in the act of conversion prima causa depends upon secunda , the power of gods grace must wayte upon the concurrence of our good nature . popish doctors doe strangely compound works with faith in the act of justification ; and in glorification , so compound the merits of the saints with the merits of christ , that by a condignitie they become meritorious of eternall life ▪ let the devill affect vaine compositions ; the whore of babylon must paint her wrinckled face with some borrowed beautie , to cover her inward deformities ; christ and his truth , will glory in no vernish so much as native simplicitie and puritie . thirdly , truth must be purchased as well in the power , as in the libertie and puritie of it . there should be such a streame as runs purely without mud , and that in a strong torrent . hypocrites will swarve in the last age , when most gospel-light breaks out , many painted professions will borrow some lustre from it ; this paul foretels , 2 tim. 3. 5. in the last dayes together with many streames of wickednesse , there will be a generation of men having a forme of godlinesse , but denying the power of it ; a good description of hypocrisie . but the lord bespeaks power , both in the dispensing and the professing of truth . paul desired to preach in the demonstration of the spirit , and of power , 1 cor. 2. 4. as well knowing that the kingdome of god is not in word , but in power , 1 cor. 4. 20. it is not wording , but working the power , that will evidence to speaker or hearers , that they are subjects in the kingdome of grace and heires to the kingdome of glory . this paul made an argument of their election , 1 thess. 1. 5. that the gospel came not to them in word only , but in power and in the holy ghost ; much power appearing in the dispensation of it , and the thessalonians hearts so fully possessed with the power of the truth , that their carnall principles were confuted , their passions moderated , their lusts mortified , and their self-ends confounded . most men affect in religion , either a dull moderation , or an outside pompe , both enemies to the power of truth . moderation doth better in other things , then in the practise of religion , where there cannot be a nimium . god requires totum cor and totum cordis , the whole heart , and the totalitie of it ; that we should love him with all our heart , with all our soul , and with our strength , luk. 10. 27. indeed moderation hath its season , but with calvins caution ; i confesse ( saith he ) there ought to be moderation , yet this i constantly affirme , care must be had , that under pretence of moderation , nothing be tolerated , which proceedeth from the devill or antichrist . neither must we so affect the outward pompe of religion , as to neglect the power of it . hilary his counsell was good , who writing against auxentius bishop of millaine , complained that the arrian faction had confounded all , and therefore admonished all men to take heed , how they suffered themselves to be led with outward appearances . it is not well ( saith he ) that you are in love with walls , that you esteeme the church in respect of houses and buildings , and in , and under those shewes and appearances pretend and urge the name of peace . is there any doubt of antichrists sitting in these places ? this makes popery such a religion as pleases mens eyes , and humours their eares , rather then rectify their mindes , and heale their hearts , because they seeke not so much to purchase the power , as the pompe of religion . having layed open before you the commoditie it self to be purchased ; truth in the libertie , puritie , and power of it ; it s necessary further to enquire into the nature of the purchase , with its price . as all other markets , ordinarily begin at home ; so indeed our trading for truth . the spirit of god , having convinced the heart , how farre it is come short of the glory of god by sin , rom. 3. 23. and that men are alienated from the life of god , through the ignorance that is in them , ephes. 4. 18. withall , giving the soule an hint and taste of the excellencie and sweetnesse of divine truth , the only soveraigne means of its recovery , it groanes most seriously , and pants most affectionately after acquaintance with the truth and possession of it . and that not only by some cold velleitie , by some dull wishing and woulding ; but by a peremptorie choice ; not by wandring and flashy , but constant and fixed desires ; not by lazie and slothfull , but operative and busie desires ; truth i would have , yea truth i must have , els i am everlastingly undone . affectionate desires , as they live and move in opinions ; so they produce actions , inclining us to take pains for the obtaining of that we would possesse . they adde wings to the soule , making us to flie like busie bees from flower to flower , from ordinance to ordinance , that we may sucke the sweetnesse of truth , which is sweeter then honey , and the droppings of honey combs . the purchase of truth , is carryed on by such an active disposition , as the spouse in the canticles had to enjoy her beloved ; i will rise now and goe about the streets , and in the broad wayes , i will seeke him whom my soule loveth . every buyer of truth , must be willing with little zacheus to get up into any sycomare tree , to take all gospel advantages , to gaine a sight of his saviour , to behold christ who is truth it selfe . truth is an hidden treasure , matth. 13. 44. sometimes hidden from us by the difficultie of scripture wherein it is contained , god thereby putting a value upon it , and an edge upon our studies and prayers ; sometimes hidden by differences amongst learned men . law may be clouded by a multitude of booke cases ; and divinitie obscured by a multitude of schoole utrums . many times truth is hidden by the scandalous lives of such as professe it . carnall spectators being much more quick-sighted to apprehend the deformity of religious men , then the beauty of religion it selfe . and too often hidden under great disgrace in the world , being stiled , heresy , schisme , faction . yea religion it selfe accounted the greatest crime . this treasure lies often so deep , you must be content to sweat in digging for it before you can obtaine it . all they who would purchase truth , must not onely be like merchant men seeking goodly pearles ; matth. 13. 45. but withall , be able to discerne when they have found a pearle of great price , vers. 46. to know whether it be a pearle or pibble ; that it is not drosse , but gold bearing the stamp of truth . there is much doubtlesse in that of the apostle paul , col. 4. 5. walke in wisdome toward them that are without , redeeming the time . all good merchants must be redeeming time , improving all hints of doing good , of enjoying gods ordinances , wherein you may trade for truth . observe the connexion ; walke wisely towards them that are without , redeeming the time . the church was then under persecuting governors , and vexed with bad neighbours , both enemies to the trade of truth ; yet you must be purchasing ; only wherein walke so wisely towards them without . 1. that you violate not the peace and puritie of your owne conscience . 2. that you deface not the stamp of divinitie upon authothoritie . 3. that by a rigid austeritie you alienate not others from truth . 4. nor by a complying familiaritie with them in their sins , harden them against the truth . the soule that thirsts after truth , having taken paines , how according to the rules of godly providence , it may be possessed of that it so dearely loves , is now willing to conclude the bargaine by paying the price . solomon here mentions no price , because he would have us buy it at any price . sometimes it may cost us credit , and libertie , as it did the apostles , acts 5. 41. sometimes it may cost us the losse of goods , as it did those christians , hebr. 10. 34. yea , sometimes life it self , must be the price of truth . we must be content to follow that cloud of witnesses , which appears in that little booke of martyrs , the 11th chapter to the hebrews , we must write after that heroicall copie which our owne worthies have set us , who sacrificed their dearest lives , to the crueltie of bonners flames , that they might possesse the truth . truth is so precious a jewell , you must never expect to have the markets cheape . the devill at first laid siege against the truths , which were most fundamentall , that so he might have ruined all the buildings ; he would by the subtiltie of ancient hereticks have huckstered up those truths , which concerned the natures and person of christ , this cost very deare , before the foure first councells could settle truth against the hereticks of those times . afterwards , when poperie invaded all the offices of christ ( such a dangerous gangreen is it ) undermining him , as the prophet , as the priest , and as the king of his church , it cost no little blood in england and germanie , to vindicate the doctrine of divine worship , and of the holy sacraments , from such errors as opposed the propheticall and priestly office of christ . that branch of truth about church government and discipline , so much concerning the kingly office of christ , is of rich value , if the markets should rise , we must drive on the bargaine what ever it cost . no price too great for the obtaining such a purchase , to see our deare saviour advanced in all his offices ; as the churches prophet , without being beholden to unwritten traditions ; as the priest of his church , without the satisfactions of any meritmangers , without any purgatorie , any bridewell of the popes making ; as the king of his church , above miters , above canon-laws , or any church usurpations whatsoever . after the discovery of the nature of this purchase and the price of truth , its fit to consider what reasons may engage you all to trade herein ; which are divers , according to the various reference ▪ truth hath to things of high concernment . never expect to have the spirituall and eternall good of your owne immortall souls effectually promoted , unlesse you buy and be possessed of truth . 1. the word of truth , is the seed by which we are begotten againe , iam. 1. 18. yea incorruptible seed , which liveth and abideth for ever , 1 peter 1. 23. untill the truth hath delivered us , what are we poore sinners , but an heape of dry bones , so many dead carkases rotting in the grave of corruption . 2. it is the milke , by which new borne babes are nourished , 1 peter 2. 2. by this they grow in the habits , in the degrees , in the exercise of grace . strangers to the truth , like the prodigall , live upon husks , and lay out their money for that which is not bread , isa. 55. 2. 3. naturally , as the sonnes and daughters of adam , we are stained with many spots , steeped in corruption , polluted with filthinesse of flesh and spirit , 2 corinth . 7. 1. truth is the water by which we are cleansed , ioh. 15. 3. 4. when we goe groping up and downe in in the darke , exposed to errors , besieged with terrors , truth affoords us direction and consolation , psal. 119. 105. 5. truth is the armour , by which you are defended against your spirituall enemies , and enabled for offensive warre . amongst the sixe peeces of our spirituall armour , three of these have speciall dependance upon the truth . you must have the girdle of truth , ephes. 6. vers. 14. beshod with the preparation of the gospell of peace , vers. 15. and take the sword of the spirit , vers. 17. 6. and indeed the word of truth , is the gospell of your salvation , ephesians 1. 13. the charter by which the corporation of saints , challengeth such rich priviledges ; the articles of that covenant , which doth entitle them to such blessed hopes . you cannot hope to finde gods gracious acceptance of your service , nor enjoy any soule-refreshing communion with him in the duties of his worship , unlesse truth direct and animate your spirits therein . when david was engaged in a pious and plausible service , in fetching the arke from kiriath-jearim , 1 chronicles 13. he consulted , vers. 1 , 2. the people consented , vers. 3 , 4. there was much confluence and triumph , vers. 8. the oxen stumbling , vzzah upon a faire pretence , put forth his hand to uphold the arke , yet god would not accept of his faire intention , but smote him that he dyed , vers. 10. the reason is rendred , 1 chronicles 15. vers. 13. because god was not sought after the due order , his truth was not observed , in the carrying of the arke , as vers. 14. with reference to this story , peter martyr commends it , to the care of queene elizabeth , that church governors endeavour not to carry the arke of the gospell into england , upon the cart of needlesse ceremonies . there are two flyes which marre the most precious pots of oyntment . hypocrisie and superstition , as isaiah 29. 13. wherefore the lord said , forasmuch as this people draw neere to me with their mouth , and with their lips doe honour me , but have remooved their heart farre from me , and their feare toward mee is taught by the precept of men . in both a great defect of truth . hypocrisie is lip-labour , and lip-labour is lost labour ; no dutie acceptable without truth of heart in it ; superstitious worship , taught by mens precepts , may be devout enough , yet because it wants the authoritie of gods truth to steere it , how marvellously doth god curse it , vers. 14. therefore behold , i proceed to doe a marvellous worke amongst this people , a marvellous worke and a wonder : the wisdome of their wise men shall perish , and the understanding of their prudent men shall bee hid . when the devill hath made men superstitious , god will make them foolish , he takes no pleasure in them . the best of our practicall christianitie , even our most solemne addresses to god ( upon such a day as this ) ioose their vigour and blessing , if custome only or formality act us herein , and not conscience to gods truth . what are good christians , but rules of truth , become examples , yea living , walking pictures of divine truth . when the wantonnesse of humane wisdome , will multiply will-worship , and wit-worship , thinking to please god with better devises then his owne , it turnes to grosse folly , and ends in much mischiefe , rather then acceptation . witnesse gideons ephod , iudges 8. vers. 27. yea , such men take much paines to loose their labour , and matthew 15. vers. 9. in vaine doe they worship god , teaching for doctrine , the commandements of men . never expect the gracious presence of christ in his churches , unlesse you purchase truth , and set it upon the throne , revel. 2. 1. he walketh in the middest of the golden candlesticks , whose office it is to hold forth the truth . the beautie and efficacie of church government and discipline , depend upon their conformitie unto divine truth . it must regulate church power , and discipline church administrations , else they will soone loose their lustre and authoritie ; degenerating either into emptie formalitie , or into church tyranny , which of all other is most grievous , because so oppressive to the conscience . hence such uncouth catalogues of church officers amongst the papists : pope , cardinals , &c. hence such swelling volumes of their canon law , because not divine truth , but carnall wisdome drew the platforme . hence so many of our temples , made houses of merchandize , wherein , as in the darknesse of popery , indulgences were , absolutions are bought and sold . yea , hence the sword of excommunication which was wont to be formidable , because drawne with so much solemnitie , is now made contemptible , because so familiarly abused upon trifles ; and all this , because divine truth hath had no more power in our consistories . and this doubtlesse doth much foment the present distractions of the church , that either fancie or affection should put such high claimes upon things , as suddenly to style them institutions of christ , or usurpations of antichrist , not sufficiently consulting with divine truth . if our prelaticall power , and cathedrall pompe , be of divine right , let us see a divine word for it ; what need we such violent arguments to maintaine them , oath upon oath , subscription upon subscription ? let christ himselfe be acknowledged as king in his church , as lord in his house , let the word of truth be our booke of canons , our books of discipline , and then if . paul were our visitour , he would rejoyce to behold our order , as colossians 2. vers. 5. yea , then we shall undoubtedly find the broad-seale of heaven , confirming what is done , when we follow the guidance of christ in his owne truth , matth. 18. 15 , 16 , 17 , 18. the best way to promote the most publique good of all the churches , is by advancing the trade of truth . this publique counsell should move in the most publique sphaere , seeking good for themselves and others , both at home and abroad . the eyes of all the three kingdomes , yea , of the protestant world are now upon you , expecting much from your influence . you can never contribute fully to the worke , of reformation here , unlesse you set truth at libertie ; neither shall you be so effectually helpfull to all the protestant churches , though you should recover their lands and regaine their territories , unlesse you re-establish their religion , by opening a free trade of truth amongst them . truths advancement is one of gods great designes ; kingdomes are for churches , and churches golden candlesticks to hold forth truth , that therein christ may appeare in his most glorious lustre ; when the banners of truth are universally and victoriously displayed , the kingdomes of this world shall become the kingdomes of our lord , and of his christ , and he shall reigne for ever and ever , revel. 11. 15. how came popery to be advanced to so great height , but by suppressing truth ; the mystery of iniquitie wrought in the apostles times ; it went on by steps ; the pope was first antichrist nascent , then antichrist crescent , after antichrist regnant , but when he was made lord of the catholike faith , so that none must beleeve more , nor lesse , nor otherwise then he prescribed , he became autichrist triumphant . the pope is guiltie of the grossest theevery , he robs the sacrament of the cup , the scriptures of their authoritie , and the church of the scriptures ; as theeves blow out the candles , the better to conceale themselves , and carry on their designes ; so he suppresseth , as much as he can , the light of truth , that with more advantage , he may play his pranks , and creepe undiscerned in the darke . if you would lay siege to the devill or popes kingdome , and undermine all the crutches and supporters of it , set truth at libertie . zachary 4. vers. 6. the great mountaine of opposition must be moved , not by humane power and might , but by the spirit of the lord of hoasts , not only by his power but by his spirit , because church works must be carryed on in a way of enlightning and revealing the truth . thus the wise providence of god wrought formerly , when a generall councell ( though by many groaned after ) could not be obtained with the consent of the clergy and court of rome , to whom reformation would be a certaine ruine , he stirred up divers heroicall worthies , waldus in france , wickliffe in england , luther in germany , knoxe in scotland , to despise the light of truth ; and revel. 14. vers. 6. after the flying angell , having the everlasting gospell to preach unto all that dwell on the earth , then vers . 8. there follows another angell saying , babylon is fallen . doubtlesse the pope must fall not only by the sword of princes , but by the sword of the spirit , 2 thessalonians 2. vers. 8. that wicked one must be revealed , and consumed with the spirit of the lords mouth . if you would have the mystery of iniquitie unmasked , see the popes triple crowne tumble , and the thicke mist of popery vanish , help forward the bright sun-shine of gods word , promote the libertie , puritie , and power of truth . you have had a discovery of some few sprigs , growing upon this first proposition , let us in the application , gather the wholesome fruit which hangs upon them . it is the good hand of god upon us , when so many of our brethren in ireland , are still bleeding under their enemies crueltie , that we are at libertie in this solemne ordinance , to plead with our god for mercie . oh that this day of self-humbling , might be to us in the use of it , according to its nature , a self-searching , or soul-purging day . my commission is , to hold forth the glasse of gods truth before your eyes , that you may may discover your spots and defects . let it be your worke , to reade over your selves , as well as your bibles ; to speake and write retractations of your former errors , and confessions of your miscarriages ( i wish we could all be augustines herein . ) the lord knoweth what volumes many of us might fill , if we were but well studyed in our selves . and together with the long catalogue of all our other sins , our neglect of truth must come in , as having a great influence into the rest : for this we may blush and bleed , yea rivers of teares are too little to bewaile this , that in all our designes , we have so little minded to purchase the libertie , the puritie and power of true religion . adam and eve began to make very bad markets , to sell themselves and posteritie , for the forbidden fruit . prophane esau , sold his birth-right for a messe of pottage , heb. 12. 16. how many with absalom , to humour their vain-glory , will set the peace of a kingdome to sale ? how many with haman , to gratifie proud revenge , will set a whole church to sale ? some with iudas , will set up their saviour to sale for thirtie pieces . others with diotrephes ( the first cocke of the game ) that they may fill their sailes with church-pompe , and church-power , will set the keyes of church and ordinances of christ to sale . lay your hands upon your hearts . to be purveyours for your lusts , as the prophane , romanes 13. vers. 14. to be merchants for the pope , as the superstitious innovators . to be proctors for the devill , as gospell-opposers , what saith conscience ? is this to buy the truth . give me leave ( honourable and beloved ) to come neerer you , with three plaine queres . i study not alta but apta proferre . have you gotten your owne hearts possessed with the power of the truth ? hath gods word a throne in your consciences , colossians 3. 16. let the word of god dwell richly in you . if it dwell there . first , it must intrare , then residere : it must dwell and abide there , exercising a soveraigntie over you , ever drawing open into an humble familiaritie with it . what fruitfull knowledge have you gotten in the mysterie of doctrinall and practicall godlinesse . they who know the grace of god in truth , will bring forth fruit , colossians 1. vers. 6. doth the truth of your religion appeare in your relations , in the uniformitie of a gospell conversation ? as phil. 1. vers. 27. aske your hearts , whether in all your undertakings you move upon religious grounds , and for religious ends . god doth not onely number , but weigh our actions , and observes not onely what is done , but why it is done . the the word of truth must be our judge ; therefore now let it be our counsellor . it is philpots glosse upon iohn 12. vers. 48 ( the word that i have spoken shall judge him in the last day ) if the word shall judge us , then much more ought it to be a judge of our doings now . have you set up truth in your owne families ? it is most odious for a minister of christ to flatter , to dawbe with untempered morter at any time ; but most abominable upon a day of humiliation . you reckon your house , your little common-wealth ; by what law is it governed ? doth the word of truth , the scepter of righteousnesse beare sway there ? whence then so much licentiousnesse tolerated in the servants ? so much dissolutenesse in the children ? so much oppression , tyranny , and ( too often ) other wickednesse in your selves , and such distempers in family relations ? psal. 101. vers. 2. david would walke in his house with a perfect heart . such as served him , he would either finde them , or make them gods servants . you would have others thinke your houses are churches . what thy house a church to god , and thou a covetous idolater ? thy house a church to god , and thou an uncleane sonne of belial ? what concord hath christ with belial ? what agreement hath the temple of god with idols ? the argument is as strong for magistrates as for ministers , 1 tim. 3. 5. if a man know not how to rule his owne house , how shall hee take care of the church of god ? how can you be good reformers both of state and church , unlesse you be first reformers of your selves , and your owne families ? light is a great advantage to an house , especially the light of truth . the father of lights , is not pleased to dwell in a darke habitation , such a corner is fitter for satan , the prince of darknesse . it was a very honourable report , which melancthon giveth of prince anhalt , cubiculum ejus erat , academia , curia , templum ; his bed-chamber was an academie , a court , a temple . the lord gives you a share in this honour . let not your chambers be academies onely , for the advanocment of learning ; or courts , for the daily dispatch of publique affaires ; but temples for the worship of god , and calling upon his name . give the people not onely rules , but examples of reformation . let religion be first advanced in you , it will the sooner bee setled by you . have you imployed and improved your publique interests to help forward the trade of truth , to promote religion in the libertie , puritie , and power of it ? never was any parliament the sonne of so many prayers and teares . never had any a larger share in that blessing of the lord upon ioseph , deut. 33. vers. 16. feeling the good will of him that dwelt in the bush , so often burning , yet not consumed . what reciprocall reall love have you expressed unto god , and the cause of his truth . when moses proposed that question , exod. 32. vers. 26. who is on the lords side ? the sons of levi gathered themselves together , vers. 27. and by their zeale , obtained a blessing in moses his catalogue , when their brother simeon was left out , deut. 33. vers. 9. we live in shedding , discriminating times , it is a frequent question , quarum partium ? on what side are you ? if this be the question , who is on truths side , what eccho , what answer will you returne , oh you great counsellors ? suppose this day , god and thy conscience held a closet committee , the lord saith , i have put such a rich price into thy hand ; i have betrusted thee with an influence in the grand affaires of the church ? what saith conscience ? what hast thou done ? what wilt thou doe , by speaking , voting , by hand , heart , purse , for the truth ? davids question is most seasonable , 1 chron. 29. vers. 5. who is willing to consecrate his service this day unto the lord ? oh that you might returne the same pious answer , with the chiefe of the fathers , and princes of the tribes ; who all offered willingly , vers. 6. could you finde this fruit upon your self-examination , doubtlesse though you may serve this day in sorrow ( as you ought to doe upon a soul-afflicting day ( in sighes , in groanes , in teares ) yet you shall reape in joy . to engage and quicken your utmost endeavours for the happy purchase of truth . you may please to looke upon your selves ( honourable and beloved ) in a double capacity . first , as merchants , trading for your owne everlasting good . then as publique factors , betrusted with the best good of many hundred thousands . in a merchant or factor there are some speciall requisites , 1. wisdome . 2. activity . 3. resolution . first , wisedome , to discerne both the commodities themselves , and opportunities of trading . the first use of wisdome is to discerne the commodities themselves . religion must not be taken upon trust . faith is gods way to save us , credulity the devils method to undoe us . 1 thess. 5. 21. try all things , hold fast that which is good . and by sound knowledge possesse your selves most carefully of such truthes , as are most necessary . those that are fundamentalia in fide , or in praxi , buy them at any rate , but sell them at no rate . there are magnalia , and minutula legis . it will argue much hypocrisie to be substantiall in circumstantiall truthes , and circumstantiall in the substantials of faith and repentance . let us wisely proportion our zeale , according to the nature of the truths themselves . this counsell paul giveth his titus . matters of consequence , he must affirme constantly , but , avoid needlesse questions , tit. 3. 8. it were a seasonable improvement of your wisedome and power , to hinder the devils or popes chapmen , from opening their packes of adulterate wares , and to put an high value upon such precious parcels of truth , as have a great influence both into doctrinall and practicall religion . give me leave here in the behalfe of truth , to suggest some briefe hints . first , put in caveats against arminian errours , which doe so extenuate originall sinne , and magnifie the power of nature , that they feed our hereditary disease of pride , and eclipse the glory of gods grace . oh trade for the doctrine of free grace . maintaine the king of heavens prerogative . in the spirituall building , grace laid the first foundation , in gods free , eternall purpose . grace erecteth the wals , yea and addeth the top-stone . eternity will be little enough to admire , to adore , to cry grace , grace ; therefore carefully possesse your selves of this truth against the enemies of grace . secondly , minde the promoting of those truthes which justifie the purity of divine worship , according to gods owne will , against popish and superstitious innovators . there is a bewitching pompe in the out side of popery , which intangleth some . ancient writers used many wanton metaphors , and such a liberty of expression , before the mystery of iniquity was discovered , which deluded others . there is a disposition in all corrupt natures , no lesse to spirituall then bodily fornication . vindicate therefore the second commandement , which papists have expunged , and others so much clouded . where god hath professed himselfe jealous , let us be zealous , of trading for such truthes . thirdly , put a value upon such truthes as discover the dangerous errours of socinianisme , which is no better then a complication of many antient heresies , condemned by ancient councels . a doctrine that undermineth the merit and satisfaction of our saviours death ; that will scarce allow faith to swimme , where reason cannot wade ; that will so farre bring downe religion to reason , that we must beleeve little more in divinity , then we can see in reason . arminianisme gratifieth the pride of will ; popery the pride of outward sense , and socinianisme the pride of carnall reason . fourthly , let truthes for the sanctification of the lords day , be pretious truthes . gods institution of that day , bringeth with it a speciall character of holinesse , and an influence of a peculiar blessing , god hath sanctifyed and blessed it . yea , in the primitive times it was a badge of christianity . when the question was propounded , servasti dominicum ? hast thou kept the lords day ? the answer was , christianus sum , intermittere non possum ; i am a christian , i cannot neglect it . there was no little danger in the anti-sabbatarian doctrine ; seeing upon gods owne day , we professe publiquely our communion with god in his ordinances . then we expect to enjoy the richest influence from him . and if men could dispute away our christian sabbath , we should soone lose the vigour of our practicall religion . god having made it holy by institution , by ordination , let us keepe it holy by observation . the second use of wisdome in factors , is to know and consider their opportunities . ephes. 5. 15 , 16. see that ye walke circumspectly not as fooles but as wise , redeeming the time . hierusalem in this was , as unwise , as unhappy , that she knew not the day of her visitation , luk. 19. 41 , 42. who did expect such nutus providentiae , hints of divine providence , as god hath afforded to unworthy england in these two last yeares , to repossesse her of that truth which many thought departing ? the philistins had almost taken our arke . our friends , our enemies , our selves , our owne guiltinesse passed a sentence of death upon us . we discovered so many leakes in ships of church and state , as if both were sinking . the tempest was great , our saviour seemed to be asleepe , our onely refuge was to cry , lord save us , we perish , mat. 8. 25. the sword hath rid circuit for above twenty yeares in germany ; many candlestickes of truth thence removed ; that paradise almost turned into a wildernesse . poore ireland is in danger to lose that religion they had , with their estates and lives , preachers hanged , professors murdered , bibles burnt , and all with prodigious cruelty and blasphemy , &c. yet sinfull england , like gideons fleece , dry in comparison , when others sleeped in their owne blood . observe , i beseech you , like wise factors , the seasons to trade for the setling true religion . it is true , we are now full of sad distractions ; blacke and bloody clouds beginne to gather ; yet , may not faith ( through them ) spy out the sunne of righteousnesse shining graciously upon unworthy england ? as hag. 2. 7. i will shake all nations , and the desire of all nations shall come ; and i will fill this house with glory , saith the lord of hosts . historians report , that about the yeare 1517. when leò the tenth was making some thirty cardinals , there was such a terrible tempest in the church , that shaked the babe out of the virgin maries armes , and the keyes out of saint peters hands , which they interpreted as ominous , and indeed so it proved ; shortly after luther arose , who so much battered the popes power . the sword is already shaken out of our great church-mens hand , by parliamentall power , the keyes doe not hang so fast under their girdle , as they did , &c. we dare not but hope , these are engaging providences of god , earnest-pennies of some great payment yet behinde . oh therefore know , and redeeme your opportunities to trade for truth . activity , to pursue occasions , and follow all advantages . if you would be fully possessed of the knowledge of the truth ; you must seeke for her as for silver , and search for her as for hid treasure , prov. 2. 4. by a most unwearyed industry , search every mine . plato calleth merchants , planets , that wander from city to city . you will never trade for truth in good earnest , till you expresse an inquisitive , active disposition , in the cause of religion , knocking at every doore , plying every m●●ket , where you may purchase any acquaintance with the truth . first , goe not onely to the shop of nature , or the schoole of philosophy . the candle which nature affordeth us , is good ; but it will be burnt out before we come to our journeyes end . philosophy may seeke truth , theology findeth it , religion doth possesse it . philosophy is not the field wherein the pearle of truth lyeth , but rather a hedge and ditch about the field , to defend it , from the invasion of subtill disputants . secondly , neither must we seeke truth , onely in the decrees of councells , in the traditions and testimonies of the church . councells are like rivers of water , very profitable , so long as they hold themselves within the compasse of the banckes , but if they swell and overflow ( as too often they have done ) they prove very hurtfull to the field of the church , even to truth it selfe . the councell of constance commeth in with a non obstante against christs institution , with-holding the cup from the sacrament . our faith and truth was at first delivered to the saints , jude ver. 3. and we hold it still per ecclesiam , though not propter ecclesiam ; by the ministery of the church , though not for the authority of the church , john 4. 42. all they who are genuine children of the church , not onely by the mothers side , but by the fathers also , will not onely beleeve as the church beleeveth , but as their heavenly father teacheth them , and because he teacheth them . thirdly , but in searching out for the truth , goe to christ himselfe , who is truth it selfe , john 14. 6. jesus saith unto him , i am the way , the truth , and the life . attend upon christ in the use of his word , which is a word of truth , prov. 8. 34. blessed is the man that heaneth me , watching daily at my gates , waiting at the posts of my doores . if ever god ripen your councells about a synod , we hope to receive the same direction from you , that constantine the great gave the councell of nice . take the resolution of things in question , out of divinely inspired writings . doe not onely bid us enquire what reformation was in our ▪ josiahs time , king edward the sixth ; nor what in our deborahs dayes , queene elizabeths , ( though we must for ever blesse god for the light that appeared in those times ) doe not onely put us upon inquiry what ignatius said , or what cyprian did ; they must be very wise children who know their fathers faces and writings , after so many of their adversaries scratches . rather bid us give you an account , what luke holdeth forth in his story of the acts of the apostles , what paul intimates in his epistles , that so divine truth may triumph , and we enjoy a scripture reformation . in divine things we may attribute somewhat to antiquity , yet in matters that concerne church pompe , and church power , we must be jealous how we trust the ancient fathers , because ( good men ) they saw the mystery of iniquity but darkely , and at a distance , which wrought strongly , not onely in corrupting doctrine with errours , but divine worship with ceremonies and church government with tyrannicall usurpations . then , and then onely , is truth like to triumph in church-assemblies , when gods word is there advanced . cyrill saith , in a synod at ephesus , upon a high throne in the temple , there lay , sanctum evangelium , the holy gospell , to shew that christ was both present and president there . resolution , to backe a publique factors wise activity ▪ this would make you willing to grapple with difficulties , to expose your selves to troubles and hazzards , and to be at any cost and charges , that you may possesse your selves and the kingdome of the true religion . poore england hath long beene in a travelling condition , felt many bitterpangs , findeth now twins in her wombe , jacobs and esaus , wrastling for the birth-right , high contestations betwixt eliah and baalls priests ; now it is a day of trouble and astonishment : great things are come to the birth , onely there wanteth strength to bring forth . what will you resolve to lay out to possesse this dis-joynted kingdome of the truth ? imagine the casting of the ballance , the composing of all church difference depended upon thee alone , what wouldest thou contribute to purchase truth ? nazianzen put this price upon his athenian , learning ( wherein he was very famous ) that he had something of value to part withall for christ ; oh that you could say the same of your honours and estates , reckoning this the goodnesse of all your good things , that you are enabled to doe good with them in the cause of christ and his truth . it was heroicall zeale in basill , who for his constant and bold defending of the truth against the arian heresie , being threatned death by valens the emperour , answered , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , oh that i might dye for the truth ! i beseech you ( noble worthies ) by the many petitions you have had from men , by the solemne protestations you have made to god , by his wonder-working providence about you , and by the dependance the protestant cause abroad hath upon you , stirre up your resolution in the behalfe of truth . would you have the name of this parliament embalmed with everlasting perfume ? improve your power for the true religion . justifie our magna charta , the grand charter of scripture truthes , that doth entitle us to salvation . confirme unto us our petition of right , establish upon pastors and churches , so much interest in the power and use of the keyes , as the word of truth doth allow them . maintaine amongst us a free course of trading for eternall happinesse , set and keepe open those shops , such pulpits , such mouthes , as any prelaticall usurpations have , or would have , shut up . secure to us not onely liberty of person and estate , but also liberty of conscience from church tyranny , that we be not pinched with ensnaring oathes , clogged with multiplyed subscriptions , or needlesse impositions , which will rather increase then compose distractions . together with priviledges of parliament , let us have church-priviledges vindicated , helpe us to purge out that old leaven , whether of doctrine , of disposition , or persons , that we may have sacraments more purely administred , according to the rule of truth ; let us be sure of this militia , inviolably setled , the sword of the spirit , which is the word of god , ephes. 6. 17. guard that magazine , wherein are laid up the weapons of our warfare , that are mighty through god , to the pulling downe of strong holds , 2 cor. 10. 4. so shall we be put into a good posture for reformation . act undaunted resolution , in the prosecution of these religious designes , then may you confidently expect christs glorious and gracious presence amongst you . luther would assure you thereof , where the word of christ doth raigne , saith he , there are the eyes of christ fixed on the holy professors of truth , but where the word of man reigneth , although there were as many popes , as there be leaves in the wood , and as many card●nals , as graines of corne , &c. as many bishops , as drops of water in the sea , and all of them glittering in gold and jewels , gemmati , purpurati , mulati , & asinati , to maintaine their owne lawes , yet are christs eyes turned away from them . truth , though it must be bought ; yet it may not be sold . the wisedome of scripture directs us to severall purchases , isai. 55. 1. every thirsty soule is invited to come and buy waters , wine , and milke ; seeke to christ upon his termes , for variety of sweet soulemercies ; rev. 3. 18. we are counselled to buy of christ , gold tryed in the fire , the pure graces of gods spirit , and the purity of ordinances ; ephes. 5. 16. we must be redeeming the time , not only taking opportunities of doing and receiving good when they are offered , and seeking them when they are wanting , but buying them at any price . and indeed christians should be chapmen to buy , rather then salemen to sell . we are commanded to buy , that we may possesse , the end of this possession is use ; what spirituall commodities we have purchased , we must improve for god and our soules , but not alienate them from our selves . there are three sorts of hucksters will be ready to engrosse the truth from you , if you be willing to sell it . malignant persecutors , are engrossing huckesters , who watch to interrupt the liberty of the truth . these , even as jannes and jambres withstood moses , resist the truth , men of corrupt mindes , reprobates concerning the faith , 2 tim. 3. 8. and indeed , therefore resist the truth , because their mindes are so corrupt . such the apostle cals {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , absurd , men , 2 thess. 3. 2. men compact of meere incongruities , solaecising in opinion , speeches , actions , and whole life , yea unreasonable men , for all men have not faith , ver. 2. religion is the highest reason , nothing more irrationall then irreligion . from such spirits arose those conspiracies against the apostle , endevouring to scotch the charriot-wheeles of truth , when they began first to move . no sooner did steven plead for truth , but some were suborned against him ▪ act. 6. 11. no sooner did saul beginne to preach the truth , but opposers began to consult to kill him , act. 9. 23. though not long before he had beene a busie apparitor and pursevant , to arrest the saints , and dragge them to their high-commission , act. 9. 1. [ a strange and suddaine change in them , as well as in him . ] origen saith of the devils ; no greater torment to them , then to see men addicted to the scriptures . the same temper of spirit appeares in the devils agents upon the killing of the witnesses , rev. 11. 10. they that dwelt upon the earth shall rejoyce over them , and make merry , and shall send gifts one to another , because these two prophets tormented them that dwell on the earth ; and therefore they will adventure peace of conscience , and hope of heaven , yea , the whole stocke upon it , that they may buy up truth out of the churches hands ; and sometimes malice rises to such an height , that even in england the bible must be burnt , as strange doctrine . seducing heretickes , whose endevour is to corrupt the purity of truth . the great apostasy from the faith , 1 tim. 4. 1. is brought about by giving heed to seducing spirits . the pope hath many emissaries abroad , who joyne with the devill , studying a method of soule-deceiving , and truth-betraying . compare ephe. 4. 14. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , with ephes. 6. 11. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , you shall find the devill and deceivers artificially methodizing their snares to draw us from the truth , 2 pet. 2. 1 ▪ false teachers have alwayes practised to bring in damnable heresies . the beginnings of grosse errours may be modest ; yea , the foulest heresies may at first appeare with faire faces . the serpent creepes into the paradise of the church by degrees : as 2 cor. 11. 3. his plot is to corrupt peoples mindes , from the simplicity that is in christ ; first , he will puzzle them with a question , as he did eve , put a command of god , a knowne truth to be disputed , then helpe them to mint some distinctions , ( which are not alwayes so happy in divinity as in philosophy ) thereby to relieve and helpe in an error . and here it may be observed , though these men have the same designe with malignant persecutors , to engrosse the truth , yet cunningly they will buy it up by parcels , that they may be the lesse discerned . they will trade first in names , then in things , first habituate us to call our ministers priests , our communion tables , altars , before they impose superstitious gestures . this was the rhemists straine of policy . let us keepe our old words , and wee shall easily keepe our old faith . this graduall huckstering up the purity of truth , is most cleare in image worship . at first , images and pictures of saints were used in private , for memory , history , or ornament onely ; afterwards with like colour of pretence brought into the church in gregories dayes , yet with expresse prohibition of worshipping them ; afterward the second synod of nice enjoynes it , though more modestly , and respectively onely in regard of that which they represent ; but since the councell of trent , it 's risen to grosse idolatry . neutrall politicians , who will be buying truth out of our hands , by formalizing and enervating the power of it , till at last they leave us an heartlesse and saplesse religion . among the lawes of solon , there was one which thundred against such , who in a civill uproare amongst the citizens , sit still as neutrall spectators . it were happy for the church , if there were a more strict course taken against all lukewarme machivillians , who by their neutrality undermine religion ; of this straine was jeroboam , that grand politician , who created to himselfe a state religion ; out of love to his crowne , he set up golden calves , he hindred the people from going to worship god at jerusalem , lest they should turne againe unto their lord , unto rehoboam king of judah . worldly wise men , as they are time-servers , so they are selfe-servers , and whatsoever become of christ and his truth , selfe shall be advanced into the throne ; such mens heads over-match their hearts , their policy out-runneth their religion ; when the glory of christ and his gospell come in competition with their selfe ends , selfe shall first be gratifyed ; most unlike to paul , who phil. 1. 20. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , stood as it were on up-to , looking earnestly after the magnifying of christ , what-ever became of himselfe , whether in his life , or in 〈◊〉 death . i may produce three reasons to fortify you against felling truth to any hucksters . truth is in it selfe a precious jewell , of most incomparable worth , gained into the possession of the churches , not without much difficulty ; and therefore cannot without great disparagement to its excellency , and to the zeale of others , be alienated and chaffered away . gospell truth at first cost the blood of christ , then watered with the blood of many martyrs , which made it throng up so plentifully . it is observeable , the church hath beene seldome fully possessed of any grand truth , without much debate , without some bloody sufferings . how deare did it cost athanasius to justifie the divinity of christ , against the arians ? and shall we suffer any of that kindred to buy it againe out of our hands ▪ how couragiously did augustine rescue the doctrine of grace , from the pelagians hands , whom he cals the enemies of grace ? and shall we suffer it to be betrayed to their brethren the arminians ! how farre did luther hazzard himselfe , to advance justification by faith in christ ? it is a grosse shame that sweete truth should be lost in the language of any innovators , who will have workes to concurre in eodem genere cause , to share equally with faith in the very act of justifying . many of our ancient worthies , like wisedomes children , matth. 11. 19. set themselves to justifie wisedome ; they have endevoured with much sweat , and many teares , yea , with their dearest lives , to settle the churches land-markes by evidence of scripture arguments , and to bound the truth by decrees of councels ; we must not prodigally dispossesse our selves of such a treasure . we reape the fruite of our reformers zeale , who bestirred themselves so much against popish altars , and other church usurpations for the purging of religion in england . god forbid , that we should sell for trifles , what they possessed us of with so much difficulty . it concernes us rather to concurre with them , yea , to promote their beginnings with all our might , that we may have such churches , such officers , such election and ordination , such jurisdiction , such exercise of church power , and all such administrations as are most agreeable to the truth . truth is the churches talent ; committed to her trust , and therefore must not be sold . trust being a strong obligation to fidelity . upon this ground the apostle , jude ver. 3. exhorts christians to contend earnestly for the faith , once delivered to the saints . you must never expect another edition of the faith , ( god reserved that solemne change from jewish to evangelicall worship , for the inauguration of his sonne ) zealously strive for this faith you have , against all opposition . in that knowne place , so much abused by papists , 1 tim. 3. 15. the church of ephesus ( this cannot be appropriated to the church of rome ) is the pillar and ground of truth . not a pillar to uphold , but to hold forth truth , not so much {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the seate of truth ; every pure church being a depository of truth , where it is to be found , as the candle in the candlesticke . all the fonnes of wisedome have a share in that of paul to timothy , 1 tim. 6. 20. o timothy keepe that which is committed to thy trust . this made the primitive worthies so conscientiously zealous in the cause of truth ; and that not onely of many truthes , but even of formes of speeches , of syllables , yea of letters . the difference betwixt the councell of nice and arius , was but in a letter , whether {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the controversie whereupon the greeke and latine churches broke , touching the proceeding of the holy ghost , depended upon two prepositions , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the monstrous heresie of nestorius lay but in one poore letter , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , when he would not gratifie the church therein , as cyrill desired him , many bishops rose up against him , so religious were they , that that they would not exchange a letter , or syllable of the faith , wherewith their saviour had betrusted them . selling truth is the worst , the most undoing trade ; it sets to sale both gods glory , and your owne salvation , being it opens a doore to both extreames in religion , to prophanenesse , and to superstition . the schoole of christ is indeed a schoole of affection , and of action , but first of knowledge ; we must have science before we shall make conscience of our wayes . this makes the god of this world , the devill , bestirre himselfe to blinde peoples mindes , lest the light of the glorious gospell of christ should shine into them : he well knew that darknesse of mind , betrayes us to workes of darknesse . when men walke in the darke , they know not at what they stumble , prov. 4. 19. they will stumble at christ himselfe , at the strictnesse and purity of his wayes , and soone plunge themselves into the grossest wickednesse . in a synod at london anselme forbad priests marriage in england , and in the next yeare were discovered a great company of sodomites amongst them . such is the wofull fruit of selling truth , which would be a spur , quickning to good , and a bridle restraining from evill . it is no wonder to find such treacherous practices amongst the papists , their erroneous doctrines open the sluces unto them . upon a sleight confession of sinne , they may receive a cheape absolution , and thereby are emboldned to renue the commission of it . that taxa poenitentiaria , amongst the papists , that low rate which is put upon the greatest sinnes in the popes custome house ; so contrary to the word of truth , rom. 6. 23. the wages of sinne is death , encourages people to the greatest prophannesse . ignorance of the truth is a fruitefull mother and helpefull nurse , both to prophanenesse of practice , and to superstition in devotion . see it at athens , act. 17. 22 , 23. there they were fondly superstitious , where their altar had this inscription , to the unknowne god . aquinas attributes the inchoation of idolatry it selfe , to the inordi●acy of our affection , and our ignorance of the true god . whence came superstition so much to swarme in the darke ages of the church ? because they neglected the word of truth , and followed tradi●ions . hence it is observed that learning and religion have falne and risen together . when the light of truth hath beene eclipsed , by the decay of learning ; the heate of religion hath much declined . the weedes of superstition , sponte nascuntur , will grow of their owne accord in darke corners ; as having advantage of the soile , so much connaturallnesse to peoples corrupt hearts . the popes chaplaines need not take much pains to teach ignorant soules to be superstitious ; if orthodoxe preachers of the truth be but suspended , we shall soone have reason to complaine with that great man in the councell of lateran ; piety is almost sunke into superstition . beware of expressing any indulgence unto such , or holding any complyance with them that sell the truth . the whole tribe of benjamin came to be extinguished , except about sixe hundred , onely for countenancing a few sonnes of beliall in gibeah , who had abused a levites wife , judg. 19. and 20. chap. christ was angry with some of the churches , not onely for being active in evill , but passive of evill , rev. 2. 14. 20. the wisedome of this great councell hath beene inquisitive after monopolists , or any that encroach upon the common-wealth . give me leave to discover an unhappy church-confederacy , whereby truth hath beene shamefully sold in many places . there are foure sorts of persons , herein deepely engaged . first , scandalous apostate professors of the truth , who alienate the truth from themselves , and alienate the mindes of others from the truth . they make the word of god blasphemed , tit. 3. 5. such are described with blacke characters by jude verse 12 , 13. these are spots in your feasts of charity , when they feast with you , feeding themselves without feare ; clouds they are without water , carryed about of windes ; trees whose fruite withereth , without fruite , twice dead , plucked up by the rootes ; raging waves of the sea , foming out their owne shame , wandring starres , to whom is reserved the blacknesse of darkenesse for ever . they are employed in evill workes , and they receive answerable wages . what unhappy markets such carnall gospellers make for the truth , you may read in many stories ; amongst the rest , an american noble-man , being perswaded to embrace the christian religion , demanded , first , what place was ordained for such as were baptized ? answer was made , heaven , and its joyes . secondly , what place for them who were not baptized ; answer was returned , hell , and its torments . thirdly , which of these places was allotted for the spanyards , it was answered heaven ; whereupon he renounced his intended baptisme , protesting he would rather goe to hell with the unbaptized , then be in heaven with the spaniards . many fall out implacably with the truth , because they finde many professors such unsavory salt . secondly , ignorant and vicious ministers . some even idoll priests , like the idols of the heathen , the worke of mens hands , they have mouthes but they speake not ; eyes have they but they see not ; they have eares but they heare not , neither is there any breath in their mouthes ; they that make them are like unto them , so is every one that trusteth in them , psalm . 135. 15 , 16 , 17 , 18. and indeed it is too often true , like priest , like people , ier. 5. 31. such a creature is not to be found in christs catalogue , who gave some apostles , prophets , evangelists , pastors , teachers . no prince ever sent dumbe embassadors . bernard reckoneth up these foure as strange things , speculator caecus , praecursor claudus , praeco mutus , doctor inscius ; a blinde watchman , a lame harbinger , a dumbe cryer , an ignorant teacher ; and indeed a minister of a vicious life , though not grossely ignorant , is as dangerous an enemy to true religion , if not sometimes worse , as not barely with-holding , but corrupting and perverting truth , like elymas the sorcerer , act. 13. 10. yea like eli his sonnes , 1 sam. 2. 17. who made the offerings of the lord to be abhorred ; their ungodly lives are often such confutations of their owne and other mens sermons , that many thereby are hardned against the truth , ezek. 9. 6. the destroying angell was to beginne at the sanctuary , and there , too often , beginnes prophanenesse . there hath beene long expectation , as there is indeed great need , of a parliament visitation ; to finde out those chapmen , who will sell gods truth , peoples soules , church-purity with state-liberty , for the satisfaction of their lusts . thirdly , such prelates as ordaine or support these ignorant and vicious ministers , i appeale to you , what grosse betrayers of truth they are . how happy had it beene for the church in england , if they who pretend to succeed timothy , had walked by that rule which paul commended to him , 1 tim. 5. 22. lay hands suddenly on no man ? but alas ! many are aposcopi , rather then episcopi , as espencaeas , by-seers , rather then over-seers ; hence such swarmes in the church of backe-friends unto truth . if you enquire when so many grosse deformities crept into the church , damasus will tell you ; even then when the bishops put over the care and performance of church affaires to others , that they might take their owne ease ; like harlots that put out their owne children to be nursed by others , that themselves in the meane time might satisfie their lusts ; by such remissenesse truth was much smothered , with a multitude of weedes , that overgrew the church . fourthly , selfe-seeking patrons are many times deepely accessary to the betraying of truth , in presenting most unworthy ministers . the lord knoweth how many are so farre from considering the concurring consent of judicious christians ( which was much valued in primitive times ) that they neglect their trust for the good of others , and their own soules . they will obtrude , too often , one of jeroboams priests , one of the lowest of the people , 1 kings 13. 33. they would not chuse a cooke to dresse their meate , that were like to poyson them ; nor a physitian ( though a kinsman ) which would probably kill them ; but , too often , preferre a dawbing chaplaine , that will comply with their covetous , or licentious humour , though in the meane time the people be betrayed , and the truth be sold . will you please to consider what a sad meeting this unhappy fraternity will have at the day of judgment , if still they persist in truth-betraying . scandalous professors , will curse their wicked ministers , whose examples poysoned them . wicked ministers , will cry woe , woe upon such prelates , who were indulgent to their unworthinesse ; and doubtlesse the prelates will be as ready to complaine of many patrons , who first made the livings scandalous by withholding maintenance , and then by importunity thrust a scandalous minister upon them . oh let it now appeare , that you will not suffer religion to be betrayed by the least indulgence to any of these evils . consider what sigismond the emperour said in the councell of constance , where the councell pretended to make a reformation ; one stood up and said the reformation must beginne at the fryer minorites ; no , said the emperour , non à minoritis , sed à majoritis incipiendum est , let reformation reach patron , and prelate , as well as minister and people . if you would discourage scandalous livers , suppresse scandalous ministers ; if you would prevent a succession of them , regulate the power of the keyes , tooke to ordination and jurisdiction : though your bill against scandalous ministers were ripened and executed , yet if the doore of admission into the church , continue as large as now it is , the next age will swarme againe with the like drones . and for the truthes sake , that you may silence all clamours , as if reformation would discourage learning , and undoe the church , make good your owne orders . for the support of an able ministery ; let patrons and others deny themselves , to raise a sufficient and certaine maintenance , at least open a vent to others pietie and charity , who will concurre with you , to afford oyle for burning and shining lampes , by reviving the hopeful designe of the feoff●es , or what other wayes , your zealous wisdome shall suggest . a great civilian telleth us how church-maintenance came to be appropriated to the cloysters of monkes , and how such lands as they held , in sundry parishes , were freed from the payment of tithes to the ministers thereof ; namely , it sprang from this roote , they insinuated that preaching was not so necessary for the salvation of mens soules , as their praying , in their religious houses ; preaching , they said , breedeth schisme , disputes in religion , &c. it lyeth as a blot upon them , that by their undervaluing preaching , many congregations were robbed of their ministers maintenance , let it be your honour , who have expressed such a high esteeme of preaching , to endevour the re-endowing those places with such meanes , as may encourage faithfull witnesses unto the truth . to awaken your compassionate affection towards many persons and places , where truth is chaffered away ; religion is a riddle , a paradox , yea , a reproach among them . we should appeare this day , as publique mourners , laying to heart , not onely personall , but state evills , even parliament sinnes . is not this just matter of griefe , that in so many former parliaments , the liberty , the purity , and the power of religion hath beene so much neglected ? ancient lawes have established church pompe , power , dignity , and revenues ; these are twisted into the severall statutes , as if they would put in a politicke caveat against after alterations , without shaking the very foundation , which is now one of the great objections against reformation . yea , how much hath truth suffered by the indulgence that old parliament lawes have expressed to non-residency , pluralities , and insufficiency of ministers . it hath beene enough if legit ut , clericus ; if he can say the confession in latine , he must be betrusted with soules . allow something to the necessity of these darker times ; yet now the very reason of such being altered , god forbid that truth should any longer be betrayed by an unwarrantable latitude . oh pity your many thousands of expecting petitioners , who have had many yeares of sad sabbaths , and sit downe still in much sorrow , complaining for want of truth . you may heare their groanings in the words of the prophet jeremiah , chap. 8. 22. is there no balme in gilead ? is there no physitian there ? why then is not the health of the daughter of my people recovered ? what ? cannot , will not , the parliament heale us ? it was a strange and dolefull vision that ezekiel had from god at hierusalem , when he saw so many sinfull spectacles ; an image of jealousy , baals idoll , ezek. 8. v. 5. then , a company of grave ancient men , every one in the chamber of his imagery , ver. 11 , 12. the jewish high-commission , according to some , in those times deepely corrupted ; poore women weeping for tammuz , ver. 14. weeping for the death of osiris , king of egypt , and idolatrously adoring his image , which isis his wife had advanced ; and worships towards the sunne , ver. 16. would it please you in your serious thoughts , to runne over this church , this kingdome , you might see in many places such objects , that your eyes would much affect your hearts . though in all abominations , wee doe not runne parallell with hierusalem , in ezekiels vision , yet such wofull fruites of truth-selling , and truth-betraying , as may stirre up your affection , and awaken your parliament actions . first , cast your compassionate eyes upon the schooles of the prophets , the churches nurseries . doe not petitions informe you that divers have there chaffered away truth for errors ; were whitaker and reinolds then in vivis , doubtlesse they would blush to see bellarmine and arminius justified by many , rather then confuted . if no chambers of imagery be there , yet are there not some chappels , polluted rather then adorned with images , altars , and crucifixes . if no worshipping of the sunne there , yet doe not too many pleade for , and practise , an ungrounded worshiping toward the east ? it cannot be thought unnaturalnesse in a sonne to represent the distempers of his mother , to a colledge of physitians especially when the experience of the deepe infection , which some of your beloved sonnes got there , of the corruption of judgements , prophanenesse and superstition of practise , which many of your ministers brought thence , will witnesse the same , that truth hath beene shamefully betrayed , by too many in the universities . munster reporteth , that the jewes were banished out of many countryes of christendome , principally for poysoning springs and fountaines . all friends to truth had need pray that god would either remove or heale such as have poysoned the schooles of the prophets , the fountaines of the land . our hopes are that god will put upon you ( noble senators ) the spirit of elisha , and helpe you to cast into those waters , such salt , that the waters be healed , that there be not from thence any more barrennesse , or causing to miscarry , 2 king. 2. 19 , 20. in exod. 15. 23 , 24 , 25. when the people were come to marah , they could not drinke the waters , for they were bitter , and murmured aga●nst moses , saying , what shall we drinke ? ver. 25. the lord shewed him a tree , which when he had cast into the waters , the waters were made sweete , plant , and uphold wholesome lectures , in the pulpit , as well as in the chaire , ( a service worthy of the wisdome and power of a parliament . ) such trees will sweeten the waters there , and drop such fruite , as will much promote the trade of truth abroad . how many living stones , yea how many builders did famous perkins hew , by preaching a lecture in cambridge ? many children and fathers begotten by his ministery in a few yeares , to the great advancement of the truth . secondly , behold with the same compassion , cathedrall churches , and the wofull effects of selling the truth in too many of them ; the strange vestures and gestures , images , &c. in some of their quires , intimating too much affinity with those chambers of imagery , in their abominations , mentioned ezek. 8. 10 , 11 , 12. former reformations left such nettles growing there , that have since unhappily seeded many other churches ; yea , left so much dust , not onely behinde the doore , but even in the very quire , as hath beene easily blowne about into many corners . they glory in being called the mother churches , but they have too often proved step-dames to their daughters , engrossing the maintenance , that should provide the word of truth for their soules . what pity is it that cathedrall societies , which might have beene colledges of learned presbyters , for the feeding and ruling city churches , and petty academies , to prepare pastours for neighbour places , should be so often sanctuaries for non-residents , and be made nurceries to many such drones , who can neither preach nor pray , otherwise then reade , say , or sing their prayers ; and in the meane time truth much obscured in a non-edifying pompe of ceremonious service . it was a notable designe of those bishops at bononia , that gave pope julius the third this very counsell , how to establish the roman religion ; let the people ( say they ) have pompous prayers , images , tapers , organs , and divers musicall instruments in their temples ; these are things with which the people are much delighted , and being taken up with these , they almost forget that doctrine which is so destructive to us . let your compassion move you to counter-worke all such plots ; as church-deformers sought to corrupt cities , and places of confluence ; so let those that professe themselves church-reformers , when the harvest is greatest , expresse the greatest care to send forth most faithfull labourers for the truth , matth. 9. 36 , 37. this were to resemble your saviour . thirdly , behold with weeping eyes the many hundreds of congregations , in the kingdome , where millions of soules are like to perish for want of vision ; truth is sold from amongst them , either by soule-betraying-non-residents , soule-poysoning-innovators , or soule-pining-dry-nurses . in too many places the very image of jealousie , the idoll of the masse is set up , yea , the comedy of the masse acted , because there wanteth the light of truth to discover the wickednesse and folly of it . do not some of you that live on the welch coasts ; cry out with your neighbours , woe is me that i sojourne in meseck , and that i dwell in the tents of kedar , psalm . 120. 5. doe not some of you inhabit the north parts , where you may complaine ( in the word of nicholas clemang . pag. 15. ) how many priests came to their benefices , not from the schooles , and their study , but from the ploughes , and servile occupations , which could neither reade , nor understand latine ? where in many miles , not a minister that can {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , preach , and live , sermons . i wish every parliament-man had a map of the soule-misery of the most of the ten thousand churches and chappels in england ; i hope it would draw forth your compassions , and stirre up your endevours to rescue truth out of their hands , who would sell it , and set up the trade of truth in poore darke countries . had i the favour to preferre a petition unto you in the name of universities , chiefe cities , country congregations , yea , the whole kingdome , and were sure of a propitious eare from you , i would summe up all in this clause , in this one breath : improve your power to helpe forward the word of truth , that it may runne and be glorifyed . this would maintaine love and loyalty to our soveraigne . where hath he most hearty prayers , but where truth most prevailes ? this would teach men to justifie the power , and comply with the authority of parliaments . who have more undermined and maligned parliaments , then such ministers as first betrayed truth ? this is the way ( if any ) to reduce seduced papists . humane lawes will pinch their purses . send divine truth amongst them , that may satisfie their consciences . this is the most soveraigne meanes to compose church-differences . why doe we contend ? ( saith augustine ) are we not brethren ? our father dyed not intestate , let his will be publiquely produced , and all men will be quiet . this is the best way to make the reformation thorow and lasting , because this would engage the peoples hearts . 2 chron. 20. 32 , 33. jehosaphat did that which was right in the sight of the lord ; howbeit the high places were not taken away ; for as yet the people had not prepared their hearts unto the god of their fathers . josiah , a good king , did much , yet because the peoples spirits were not wrought to concurre with him , the worke soone vanished , and gods judgements brake in upon them . goe on , therefore ( honourable worthies ) improving your influence to prevent the selling of truth . first , provide that every congregation may have an able trumpet of truth . secondly , especially let great townes , places of confluence , have lectures , markets of truth . thirdly , afford any faithfull paul and barnabas incouragement , yea , power , if sergius paulus desire to heare the word of god , to goe and preach , though elymas the sorcerer should be unwilling ; such ambulatory exercises have brought both light and heate into darke and cold corners . fourthly , what if there were some evangelicall , itinerant preachers , sent abroad upon a publique stocke to enlighten darke countries ? thus might you reape glorious fruits of all your counsels , teares , prayers , and paines , in seeing dagon fall downe before the arke of truth . i have endevoured , ( though in much weaknesse ) with words of truth and sobernesse , to plead the cause of truth . i must end as an importunate sollicitor : o sell not the true religion upon any termes . much of my rhetoricke to perswade you is within you . i speake to your selfe-love , as you are men ; to your conscience , as you are christians ; to your wisedome , as you are states-men ; to your honours , as you are noble : be alwayes buying , but never selling the truth . england hath had an happy taste of your zeale for truth , and against the corrupters and betrayers of the true religion . the lord from heaven hath appeared mightily for you , when you appeared much for him in the cause of truth . god forbid that ever this parliament should lose any of it's first love to religion , and the reformation of it , then may you expect to drinke of solomons bitter cup , the lord was angry with solomon , because his heart was turned from the lord god of israel , which had appeared to him twice . god forbid that rhehum the chancellor and shimshai the scribe , should outstrip zerubbabel ; that tobiah and sanballat , should outbid nehemiah in any cause of god . rather let the malignancy of malignant opposers enflame your zeale for the truth . o that we could now all close this day of humiliation , with the proper worke of the day , covenanting with our god , making it our sealing day ; nehem. 9. 38. at a solemne fast , princes , priests and levites , did make a sure covenant , write and seale unto it . let us this day , not onely give earnest , for the purchasing of truth , by the fixed purposes of our hearts , but even give as it were hands and seales , that we will never sell the liberty , purity , or power , of religion upon any termes . w●ll you please to these particulars ? first , that you will not sell truth out of carnall feares ; you have a good 〈…〉 it , rev. 21. 7 , 8. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , he that is over-comming , not he that hath overcome , shall inherit all things , and i will be his god , and he shall be my sonne , but the fearefull and unbeleeving shall have their part in the lake that burneth with fire and brimstone . read over the story of francis spira with trembling , who out of such feare betrayed the truth . after he had gon to venice to the popes legate , with whom , out of carnall feare , he complyed , craving pardon of him , and yeelding to recant that religion he had publickely prosessed ; when he returned to his house , he could not rest an houre , no not a minute , nor feele any ease of his continuall anguish ; from that night he was much terrifyed with horror , and as he confesseth , he saw plainely before his eyes all the torments of hell and the damned ; and in his foule did heare the fearefull sentence , being drawne before the judgement seate of christ . hold fast the truth , let faith triumph over feares . if peter will deny and forsweare his master , at best he must returne by weeping crosse : many are irrecoverably smitten with that thunderbolt from the lord , heb. 10. 38. if any one draw backe , my soule shall have no pleasure in him . secondly , that you will not sell truth for your own private advantages . it was a wretched carriage in demetrius , and his fraternity , who out of love to their owne gaine , did combine and consult how they might undermine and betray the truth . sirs , ye know that by this craft we have our wealth ; this made them so zealous for their diana ; and so fierce against the gospell ; if truth doe prevaile , diana must downe , and then farewell their profit . resolve rather to resemble moses then demetrius , who , heb. 11. 25. chose rather to suffer affliction with the people of god , then enjoy the pleasures of sin for a season . his faith did so rightly enforme his judgement , that he counted the reproaches of christ , ( which seeme the bitterest thing in christianity ) greater riches then the treasures in egypt , ver. 26. how much did he then preferre the consolations , which come by religion , before all worldly excellencies ? such a spirit was in luther , who when he was offered to be cardinall , if he would be quiet , replyed , no , not if i might be pope . he had an holy scorne to be put off from his religious designes , by such withering petty things . thirdly , sell not truth for politicke state ends . when you come to settle religion doe not deale onely like politicians , but like christians . worldly wisedome in the things of god is a rule too short , too crooked , too partiall , yea foolishnesse with god . ieroboam would play the politician in religion , he sold the true worship of god for his state ends , and for ever inherits this as a blot upon his name , 1 king. 15. 30. because of the sins of jerohoam which he sinned , and which he made israel to sin , by his provocation wherwith he provoked the lord god of israel to anger . most renowned was the zeale of king edward the sixth for the truth , when upon reasons of state he was pressed by cranmer and ridley , to give way to the masse ; he refused it with so much resolution , with so many teares , that they acknowledged he had more divinity in his little finger then both they . in things about meum & tuum , that concerne our owne interest , we may be more liberall , but in church affaires the word of truth must guide us . it is not in our power quicquam hic aliis dare , aut in aliorum gratiam deflectere ; we may not therein gratify one another . fourthly , sell not truth for pretences of church peace ▪ i confesse the name of peace smels very sweete ; and now especially ( in the midst of such church distractions and such wantonnesse of opinions ) were to be purchased at any rate , except with the losse of truth ; it is a most lovely sight to see unity of peace imbrace unity of faith ; to behold the household of faith , the family of love ; o that we could all observe the present breaches with the same affectons that augustine did the differences betwixt hierome and ruffine . woe is me that i cannot find you both together , i would fall downe at your feete , with much love and many teares i would beseech you for your selves , and for one another , and for weake christians for whom christ dyed , that you suffer not these dissentions to spread , &c. but , in the meane time , we must not be such reconcilers , as to bring in a samaritan religion , an interim , an uncomfortable mixture . we must not receive babylonish inmates into the lords house . light and darknesse , truth and error , will never long dwell quietly together . fifthly , sell not truth for the pompe of humane ceremonies . admit that ceremonies were first let into the church , with the faire intention of the guiders and leaders ; and entertayned by the credulity of well-meaning people , before the mystery of iniquity was much knowne ; yet since , being so superstitiously abused by the pope and his party , and so rigidly pressed , for the upholding the pompe of prelacy , with no small disadvantage to the truth ; let us part with them , rather then sell any sparke of truth for them . never say they are ancient . jesus christ is my antiquity , saith ignatius . we must look for antiquity of institution not onely of custome . never say , they are indifferent . if indifferent onely , and not expedient , they may the better be spared . others will say , our doctrine takes off the scandall of the ceremonies . however , better have the stumbling blocke removed out of the way , then to have a monitor appointed to give you warning of it , he may fall asleepe , and then you are in danger . many tender consciences wish the same successe about our ceremonies , that was in king edward the sixth his dayes , about the images . some people contending for one image , others for another , gave occasion , that the king tooke downe all . who knoweth whether god hath called you to this parliament to accomplish this amongst other services ? if you doe fully come off , to give in your hands , your hearts , yoursealing actions , that you will not upon any termes sell the truth , as you tread in good hezekiahs steps , i doubt not but the lord will crowne your piety and paines with his diadem , 2 chron. 31. 20 , 21. thus did hezekiah throughout all judah , and wrought that which was good and right , and truth before the lord his god , and in every worke that he began in the service of the house of god , and in the law , and in the commandements to seeke his god , he did it with all his heart and prospered . finis . notes, typically marginal, from the original text notes for div a86360e-330 inveniar sanè suberbus &c. modò impit silcutii non arguar dum dominus patititur . luth. ep. ad staup. ier. 45 ▪ 5. aug. ep. 129. isa. 9. 6. 1 tim. 2. 2. 1 sam. 4. 21 , 22. hollinsh . in hen. 7. gal. 6. 9. 2 king. 6. 16. 1 pet. 4. 19. 1 tim. 6. 12. notes for div a86360e-1530 hierom. in eccles. cornel. a l●p . in prov. argum. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , sive dignitates , hae doctrinae quae suo merito vitae nostrae veluti dominae & moderatrices esse debent , cartwr . parts of the text . 1. proposition . explication . 1. libertie of truth must be bought . 2 thess. 3. 1. revel. 6. 2. acts 12. 5. 2. puritie of truth must be bought . purum est plenum sui & immixtum alieni . quot supererunt mixturae ex hominum ingenio prolatae , toridem extabunt pollutiones quae homines distrabant à certo eorum usu , quae dominus in corum salutem instituerat . calv. ep. prot. angl. totalis & adaequata regula est scriptura & traditio simul . traditio parem habet autoritatem scripturae , becan . 3. power of truth must be bought . hypocrisis est signum sine signato . fateor quidem moderation ●ocum esse oportere , sed non mi●us constanter offirmo videndum esse ne sub illo praetextu toleretur q●●cquam quod à satanâ vel antichristo prefectum sit . calv. ep. prot. angl. hilarius contra aux●ntium . male vos parietum amor cepit ; malè ecclesiam dei in tectis aedificusque veneramini ; malè sub his pacis nomen ingeatur ; annè ambiguum est in iis antichristum sessurum ? purchase of truth . 1. begins in desires after it . scientia visut , and gustus . isa. 55. 1. . luk. 18. 1. 7. prov. 26. 15. 2. promoted by diligence . psal. 19. 10. cant. 3. 2. luk. 19. 3 , 4. c. sej●s bonus vir , sed christianus . 3. managed by prudence . 4. transacted by paction . haec optima commutatio , da res tuas ut acquiras veritatem ; non alienabis à te veritatem , ut acquiras res altas . cajet. truth seldom bought upon cheap tearmes . confirmation . 1. reason . 2. reason . p. martyr . ep. 36. regni . eliz. 3. reason . gladius ecclesiae venerandâ raritate formidabilis . petr. de alliaco . 4. reason . 2 thess. 2. 7. see crakanthorp of the fift generall councell , chap. 13. application . 1. vse . self-examination . 1. quere . concerning the persons . 2. quere . concerning your families . ephes. 5. 5. 2 cor. 6. 15 , 16. delicata res est spiritus dei . 3. quaere . concerning the publique . use 2. exhortation . three requisites in a factor 1 requisite , wisdome . 1. maximis dissidiis non sunt minores istae redimendae veritates . acontius de st. sat. 1. 2. 3. 4. exod. 20. 11. ezek. 20. 10. 2. opportunitas est maximum talentum . judg. 6. 40. 2 requisite , activity . veritatem philosophia quaerit , theologia invenit , religio possidet . p. mirand. clem. alexand. licet christus post caenam institue rit & suis discipulis administraverit sub utraque specie panis et vini hoc venerabile sacramentum ; tamen hoc non obstante sacrorum canonum autoritas , & approbata consuetudo ecclesiae servavit & servat . caranza sum . concil. sess. 13. autoritas ecclesiae est autoritas numeris , non jurisdictionis . camer. ego sum via , quae ad veritatem duco ; ego sum veritas , quae vitam promitto ; ego sum vita , quam do . bernard . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} 3 requisite , resolution . 2 chron. 29. 8. lu●her de abrog. . miss . privat . 2 proposition . three sorts of of hucksters . 1. sort of hucksters of truth . qui {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} faciunt , quae minime conventunt . pisc. acts 4. & 5. ch. origen , num. hom 27. in hoc corum omnis flamma est , in hoc uruntur incendio . tanquan doctrina peregrina . 2 sort of hucksters of truth . rhem. test . 1 tim. 6. 20. bellarm. de imag. sanct. l. 2. c. 21. 3 sort of hucksters of truth . plut. in vita solon 1 king. 12. 27 28. 1. reason . niltam certum quam quod post dubium certum . 2 reason . rom. 3. 2. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} not sensu architectonico but forensi . 3 reason . selling truth opens a doore , 1 to prophanenesse . alsted . a●n● . 1102. 2 to superstition . traditiones pontificiorum sunt pandectae errorum et superstitionum . chemnit . 1 u●e of caution . 4 sorts accessary to the selling of truth . 1 scandalous professors . 2 ignorant and vitious ministe● ephe. 4. 11. bernard . 3 prelates supporting ignorant & vitious ministers . field . on chap. l. 5. c. ●9 . 4 selfe-seeking pations . plebs ipsa maxime habet potestatem , vel eligendi dignos sacerdotes , vel recusandi indignos : quod & ipsum videmus de divina autoritate descendere . cyp. ep. 63 sir tho. rid. view of civill law . part 3. c. 4. sect. 3. 2 vse of direction . ezek. ● . polan in locum . 1. multitudine levissimarum seremoniarum pene est extincta pietas et vis spiritus sancti . gerson . hae●●uus quibus vulgus praecipue del●ctatus , et quo●●● gratia doctrinam ●llam quae ●ol●s 〈◊〉 est fere obliv●●itu● . p. 4. 3. missae comoedia in p. martyr . 2 thes. 3. 1. contra pontificies pa●um ●●gibus aut libris profici , quousque firmum etidoneum ministerium in ecclesiis constitutum fuerit . whitak . 1. 2. 3. act. 13. 7. 8 4. 3 vse of dehortation . 1 kings . 11 9 matth. 26. 74 , act. 19. 24 , 25. 1 cor. 3. 19. calv. epist. prot . angl. eph 4 3. 13. he●●nth● , qui vos 〈◊〉 simul inventre non possum . aug. ep. 15. 2 king. 17 33. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . ignat. epi. ad philad. quid si vel pigri vel non satis attenti sint monitores , vel frustra plerosque moneant ? beza , ep. 8. grindal . anno 1548. ester 4. 14 ▪ his majesties enlargement of concessions in his last answer touching episcopacy, sent to his two houses of parliament, 21 octob. 1648. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a78781 of text r211012 in the english short title catalog (thomason 669.f.13[31]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a78781 wing c2303 thomason 669.f.13[31] estc r211012 99869754 99869754 162926 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78781) transcribed from: (early english books online ; image set 162926) images scanned from microfilm: (thomason tracts ; 246:669f13[31]) his majesties enlargement of concessions in his last answer touching episcopacy, sent to his two houses of parliament, 21 octob. 1648. england and wales. sovereign (1625-1649 : charles i) 1 sheet ([1] p.) printed for richard lowndes, london : 1648. with engraving of royal seal at head of document. the king consents to the abolition of archbishops, deans, &c., all but bishops. church government to remain unchanged for 3 years, episcopal rule being suspended. he consents to the propositions concerning the great officers, the great seal, the city, and the court of wards, 100,000 pounds per annum compensation being paid -cf. steele. annotation on thomason copy: "8ber [i.e. october] ye 27th". reproduction of the original in the british library. eng church of england -government -early works to 1800. england and wales. -sovereign (1625-1649 : charles i) -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a78781 r211012 (thomason 669.f.13[31]). civilwar no his majesties enlargement of concessions in his last answer touching episcopacy, sent by sir peter killegrew to his two houses of parliament england and wales. sovereign 1648 924 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion c r royal blazon or coat of arms his majesties enlargement of concessions in his last answer touching episcopacy , sent to his two houses of parliament , 21 octob. 1648. 1. he hath particularly consented to the abolishing of arch-bishops , chauncellours , deanes and chapters , &c. and the whole hierarchy save bishops . 2. vvhereas he did formerly consent to confirme the forme of church government for three yeares ; he hath now expresly consented that no other shall be used , and the exercise of episcopall government shall be wholly suspended during that time . 3. vvhereas episcopall jurisdiction ( if no other had been agreed on in the mean time ) might have risen up after the three years . he hath now expressed his consent , that none shall be exercised after that time ( other then ordination , which is restrained to the councell and assistance of presbyters ) but such , and in such manner as shall be agreed by him , and his two houses , whereby , untill such agreement ( or if it be not otherwise agreed ) episcopall jurisdiction is wholly laide aside . his majesty also this day consented to the following propositions . 1. to that for nomination of the great officers of the kingdome , &c. as is desired in the proposition . the nomination of them to be by both houses , during the terme of ten years . 2. to that concerning the city of london as is desired in the proposition . 3. to that concerning the great seal , &c. as is desired in the proposition . 4. to that concerning the court of vvards , &c. as is desired in the proposition . a recompence being assured to his majesty of one hundred thousand pounds per annum to him , his heires and successors . newport , 21 octob. 1648. his majesty conceives , that his former answers to your propositions concerning the church , would have given more satisfaction to his two houses , then is expressed in your papers of the sixteenth and seventeenth of this instant , containing in them ( if considered in their full extent ) . concessions of the most materiall things desired . and therefore , as well for a declaration of his clear intentions by those former answers , as for a further and finall answer to the said preposition and paper of the 17. his majesty saith as followeth . that albeit , for the reasons expressed in his former paper , he cannot consent to a bill , and the ordinance for abolishing bishops : yet for the satisfaction of his two houses , and setling the publique peace , he will consent to a bill for the taking away of all arch-bishops , chauncellours , and commissaries , deanes , and sub-deanes , deanes and chapters , arch-deacons , canons and prebendaries , and all chaunters , chancellours , tresurers , sub-tresurers , succenters , and sacrists , and all vicars chorall , and choristers , old vicars and new vicars of any cathedrall or collegiat church , and all other their under officers out of the church of england , and dominion of wales , and out of the church of ireland . and further , his majesty will consent to suspend the exercise of all episcopall government for the space of three yeares ; and hath consented , and will consent to confirme the form of church government now presented to him for the said three yeares ; and that no other shall be used during that time . in which time his majesty continues his desire ; that a consultation may be had with the assembly of divines at westminster , ( twenty of his own nomination being added ) to the end , that his majesty and his two houses may within those three yeares informe themselves of the practice of the primitive church in point of episcopacy , and may accordingly agree in limiting the bishops to the councell and assistance of presbyters , and in the exercise of their jurisdiction and increasing their number if it be thought fit . and his majesty will consent , that in case no settlement shall be agreed on within the said three years , then after the said time , the power of ordination shall not be exercised by bishops without the councell , and assistance of presbyters . and that no other episcopal jurisdiction shall be exercised by bishops , but such , and in such manner as shall be agreed on by his majesty and his two houses of parliament . and his majesty doth prosesse , that , if in that time he be convinced , that the function of bishops is not agreeable to the word of god , or that christ commanded any other government , he will most chearfully imbrace that , and take away episcopacy ; but untill he be so convinced , he believes himself bound in conscience , as it is above expressed . the rest of his majesties answer to the proposition concerning religion , as it was this day delivered by him to the commissioners to be transmitted , is the same as that of the ninth instant . his majesty professing that this now was the furthest that he could goe in conscience . london , printed for richard lowndes , 1648. by the king and queen, a proclamation for prolonging and appointing the time for the first general meeting of their majesties commissioners for executing the act of parliament lately made for granting to their majesties an aid of twelve pence in the pound for one year, and for authorising and impowering the respective commissioners to proceed and act accordingly. william r. proclamations. 1689-09-02. england and wales. sovereign (1689-1694 : william and mary) 1689 approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a66307 wing w2599 estc r217375 99829042 99829042 33477 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a66307) transcribed from: (early english books online ; image set 33477) images scanned from microfilm: (early english books, 1641-1700 ; 1860:22) by the king and queen, a proclamation for prolonging and appointing the time for the first general meeting of their majesties commissioners for executing the act of parliament lately made for granting to their majesties an aid of twelve pence in the pound for one year, and for authorising and impowering the respective commissioners to proceed and act accordingly. william r. proclamations. 1689-09-02. england and wales. sovereign (1689-1694 : william and mary) mary ii, queen of england, 1662-1694. william iii, king of england, 1650-1702. 1 sheet ([1] p.) printed by charles bill and thomas newcomb, printers to the king and queens most excellent majesties, london : 1689. at end of text: given at our palace of hampton-court the second day of septenber, 1689. in the first year of our reign. god save the king and queen. steele notation: england execution warrant. reproduction of the original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament -appropriations and expenditures -early works to 1800. 2008-02 tcp assigned for keying and markup 2008-03 spi global keyed and coded from proquest page images 2008-04 elspeth healey sampled and proofread 2008-04 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion wr honi soit qvi mal y pense diev et mon droit by the king and queen , a proclamation for prolonging and appointing the time for the first general meeting of their majesties commissioners for executing the act of parliament lately made for granting to their majesties an aid of twelve pence in the pound for one year , and for authorising and impowering the respective commissioners to proceed and act accordingly . william r. william and mary , by the grace of god king and queen of england , scotland , france and ireland , defenders of the faith , &c. to all to whom these presents shall come greeting . whereas in and by one act lately made in parliament , entituled , an act for a grant to their majesties of an aid of twelve pence in the pound for one year , for the necessary defence of their realms , and by an additional act also lately made in parliament , for appointing commissioners for executing the other act aforesaid , it hath been provided , that it should and might be lawful for vs to issue , or cause to be issued out under the great seal of england , such and so many commissions as we should think fit , and therein and thereby to nominate , constitute and appoint such and so many persons , being qualified as in the said acts , or either of them , is prescribed or directed , as we should think convenient , to be commissioners for putting in execution the said act of parliament for granting unto vs the said sum of twelve pence in the pound ; which said commissioners so as aforesaid to be nominated and appointed , were , and are by the said acts , or one of them , directed and enjoyned in the respective counties , cities , boroughs , divisions , towns and places for which they should be appointed commissioners respectively , to meét together at the most usual or common place of meeting , within each of the said counties , cities , boroughs , divisions , towns or places respectively , at or before the third day of this instant september , or such other day as we should appoint , and further to do , perform and execute as in and by the said acts , or one of them , is required and commanded , and as by the same , relation being thereunto respectively had , may more fully appear . and whereas we have issued , or are now issuing under the great seal of england several commissions for executing the act of parliament for the aid aforesaid ; but it being necessary that ( pursuant to the power given vs in the same act ) a further time be appointed for the first general meéting of the said commissioners , we have thought fit by and with the advice of our privy council to appoint , and we do by these presents appoint the respective commissioners by vs nominated and constituted , or to be nominated and constituted for the execution of the said acts , and either of them in the respective counties , cities , boroughs , divisions , towns and places for which they are or shall be appointed commissioners respectively , to meét together at the most usual or common places of meéting , within each of the said counties , cities , boroughs , divisions , towns and places respectively , at or before the thirtieth day of this instant september : and we do hereby direct , authorise and command the said commissioners , or so many of them as by the said acts or either of them are requisite , not only at the first general meétings to be at or before the said thirtieth day of this instant september , as aforesaid , but at all other times , and in all cases and respects whatsoever , to proceed and to act , do , perform and execute , and to cause to be done , performed and executed , all matters and things whatsoever by the said acts , or either of them , authorised , entrusted or impowered to be acted , done , performed or executed , according to the true intent and meaning of the same ; and these presents shall be to them , and every of them a sufficient warrant and discharge in this behalf . given at our palace of hampton-court the second day of september , 1689. in the first year of our reign . god save the king and queen . london , printed by charles bill and thomas newcomb , printers to the king and queens most excellent majesties . 1689. a narrative of some passages in or relating to the long parliament by a person of honor. north, dudley north, baron, 1602-1677. 1670 approx. 85 kb of xml-encoded text transcribed from 57 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-10 (eebo-tcp phase 1). a52446 wing n1285 estc r5860 13085843 ocm 13085843 97307 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a52446) transcribed from: (early english books online ; image set 97307) images scanned from microfilm: (early english books, 1641-1700 ; 393:25) a narrative of some passages in or relating to the long parliament by a person of honor. north, dudley north, baron, 1602-1677. [12], 101 p. printed for robert pawlet ..., london : 1670. written by dudley north, fourth baron north. cf. halkett & laing (2nd ed.). reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. great britain -politics and government -1642-1660. 2003-05 tcp assigned for keying and markup 2003-05 apex covantage keyed and coded from proquest page images 2005-03 jonathan blaney sampled and proofread 2005-03 jonathan blaney text and markup reviewed and edited 2005-04 pfs batch review (qc) and xml conversion a narrative of some passages in or relating to the long parliament . curse not the king , no not in thy thought , eccles. 10. 20. rebellion is as the sin of witchcraft , 1 sam. 15. 23. by a person of honor. london , printed for robert pawlet , at the bible in chancery-lane , 1670. to the reader . before thou makest an entry upon the following discourse , it is fit thou shouldst be acquainted with the occasion of its birth . a near relation of mine was the cause of my setting pen to paper , upon a conceit that being a member of the long parliament , my observation might have fixed it self upon some particulars omitted by others , which particulars he was unwilling should be lost . and now since this issue of my brain is come into the world with many characters of truth upon its body , some friends looking upon it with too favourable an eye , will not consent that it should be stifled by a consinement to one family or place : but on the other side , lest travelling abroad it may contract some disadvantage by too much expectation , ( termed by sir philip sidney , that friendly foe ) i my self having assented to a publication , deem it necessary so far to pass my own censure upon it , as that more may not be looked for , than it can yield ; and not only so , but otherwise to make some little apology for the contents of it . i may profess my self to have been somewhat perplexed , in finding a proper name for that which i have written . it containeth matters historical and yet is no history , for it consisteth of particulars without any exact order . it compriseth the business of a limited number of years , and yet i cannot give it the title of annals , because things transacted in several years are set together . it consisteth of abrupt parcels , and yet maketh up but one continued relation . truth is , it wanteth method , containing nothing that is perfect , and if it were a perfect nothing , perhaps it would be much better , for then it would give no offence to any , whereas now my old fellow-members , and comerades of that parliament , will say , i am injurious to them , in relating only those proceedings which were not justifiable , and omitting the good things done by them , and they will also tax me for partiality , in not speaking at all , of the provocations and wrongs offered and done , by their opposers . to this i answer , that from beginning the war ( which with its preparatives gives limits to our business ) i know nothing publickly done , that was either good or justifiable , saving only an outward profession of personal reformation , which unless it carried with it a real intention , would have been mention'd with as little advantage , as had the outward pretended publick reformation , which deserved rather blame than praise . the intention of many of us was also very good , being desirous of peace and of a good agreement between prince and people , but how could this appear without doors , till the army had kickt us out of the house ? and as for particular miscarriages of the king's party , i was not resident within his majesties quarters , and therefore my relations must have been subject to much incertainty . but that which must satisfie me is this , that those members , who were enemies to the war , will find reason in that which i say , and as for those salamanders , who could live only in the fire , i regard not their censure . perhaps i may also be condemned by the generality as imprudent , in setting an evil character upon the whole carriage of that parliament , when i my self could not but be an actor in some part of that evil . here i am put to a double apology for my self , first , as a subject , and then as a writer . as to the first , i cannot excuse my self otherwise , than by the sincerity of my mind and intentions . i may freely profess , that i never had the least disloyal thought in relation to my prince , and my endeavours always tended to a reconciliation of the business , with a production of peace , and if i were at any time enforced ( for i never did it willingly ) to act in the way of opposition contributory to the war , it was with hope , that at last there would be a happy agreement . i must thus far confess my error , that i too much feared the ill consequences of a parliaments being run down by force , and perhaps so great a distrust in the clemency of his late majesty cannot be justified ; yet i may hope , that such a tenderness upon mistake , may be esteemed venial in comparison of greater offences , which are included in our present soveraigns gracious pardon . and as for the imputation of imprudence in stigmatizing my self by too far publishing the miscarriages of that body , whereof i was a member , i conceive , that i cannot better shew my self worthy to be included in that his majesties general pardon , than by declaring a detestation of them , and by setting them out in their right colors , so far am i from condemning my self in that particular . as to the whole narrative , considering that i have trusted only to my own private memory and notes , i will not say , but that there may be an omission of some particulars , as important as those inserted , but i am confident , that for the substantial truth of that which i have delivered , there can be no just exception to it , and so i must referr all to thy censure . farewel . a narrative of some passages in or relating to the long parliament . cardinal de richelien , that great favourite of france ( perhaps to insinuate into his masters thoughts the high importance of naval power ) caused a ship of extraordinary bulk to be made , which his malevolents affirmed to be an embleme of himself : for as that ship could not move at sea , but in a storm , so ( said they ) the cardinal could not live in a quiet and undisturbed state. this was said of that great minister of state , because he held his prince engaged in a continual foreign war ; and if such a war were imputed to him , as mischievous to that kingdom , what shall we think of those , who in this our island so troubled the waters at home ( to fish out a greatness for themselves ) as to sever the head from its body , and by unsinnewing the government to batter down all the pillars that supported it , and so to bring an absolute anarchy and confusion upon the whole nation ? surely the depth of this offence is not to be fathomed , yet thus much is ordinarily said in their defence , that they were so far from designing anarchy , as they intended only reformation , and the setting up of a much more accomplished government . it is easie to be believed , that confusion was not their ultimate end , and there needeth no other proof of it , than the actings of their leviathan cromwell , who made his own personal greatness the foundation of something in the way of new government . and the intent of reformation , or of a new model , can be no justification of any particular rebellion , since the same ends are pretended to by all persons , that at any time raise a power in opposition to the present governors , as these very persons found by experience during their short rule . aristotle and his adherents , are much cried down by our modern natural philosophers , for making privation a principle ; but certainly these men made it the most considerable principle in their politicks ; for they could not effect any thing fully , but demolition and destruction . they never set up any thing in the way of government that was new , but it was in a short time disliked and overthrown : and indeed it could not be otherwise , since the greedy monster of their faction could not subsist , but by devouring whatsoever was most precious in the land ; and since the opportunity to do so could not be had , but by frequent changes of government ; so the rapacity of this brood of harpies caused the destruction of so many fair buildings , whereof the raising had been so costly , the suppression of bishops with their hierarchy , and the sale of their lands , and ( i may even say ) felling of the royal oak it self , with prostitution of the publick revenue and ornaments to sale , and the same cause would infallibly have produced the ruine of both universities , with demolition of the colledges , and alienation of their lands , and many other destructions of that nature , so as to have deprived the nation of all excellence in the way of beauty and splendor . that this was done , the power once raised , is not strange , but how so great a part of the people ( nay even of that remainder of parliament ) should be drawn to consent to it , carrieth much wonder ; and certainly there was much art used , to win their consent to so great a devastation . the historical part of this business being too heavy a burden for my shoulders ; i shall only ( for the satisfaction of some friends ) set down in writing my observations , of the carriage of that business at westminster , where i was then resident as a member of the house of commons , wherein perhaps there may be found some particulars , not so obvious to others , and in that respect likely to be omitted . in matters political it is seldom found ▪ that events depend upon causes necessarily producing them , and when they do , there must be some great imperfection in the original constitution of a state , as writers in politicks affirm , of civil war arising in an oligarchy , by reason of many dependences upon great persons possest of the sovereign power , whose private and differing interests distract the forces of such commonwealths ; but this cannot be our case , who live in an extraordinary well-tempered monarchy , where the perfect constitution is sufficiently proved by an esflux of very much time , without the least appearance of any visible defect . we must therefore search out other causes . it cannot be doubted , that there is a divine providence , which ordereth and governeth all things ; but as this is above us , and altogether out of our sight , so we must rather submit chearfully , than make any inquisition about it . as for second causes in disturbance of states , none can justifie an armed opposition by subjects against their sovereign ; and unless there be some plausible title to the supreme power , there is seldom any that become considerable , but discontents upon conceit of misgovernment ; and in this case the justness of discontent is not so dangerous , as the generality of it , and in that respect designs grounded upon right reason , and with certainty of publick advantage , if effected , are yet well laid aside , when liable to a general misconstruction , in the way either of danger or oppression . never parliament was assembled , when the people were in a higher discontent , than at this time : such a general diffidence there was , as they thought themselves sure of nothing . the encrease of ceremonies had made them fear the approach of a religion hateful to them . the late business of ship-money , together with some other impositions without consent of parliament , caused them to apprehend the loss of property in their estates , and they had little hope of redress by parliament , because his then majesty had been so unhappy , as to be put upon a sudden dissolution of all parliaments formerly by him called . there wanted not persons ill-disposed , and seditious , to trumpet these things in the ears of the generality , whereby they incensed them so far , as thereby they found means to raise a power against their sovereign , which how it was done , and by what degrees , and how improved is the chief intent of our business to set forth . at the time of assembling this unhappy parliament there were two armies on foot in england , whereof one was that of the scots , and another consisting of english-men to oppose them , if occasion were ; and the king to remove all jealousie of a wilful continuance of the war , by engaging them to a fresh hostility , had made the earl of holland ( a person then standing gracious with the parliament and people ) general of the english army . the persons who knew themselves faulty in holding intelligence with the scots , were then so apprehensive of a complete agreement between his majesty and them , and of their being won to a compliance with him in all things , as the earl of holland in a private letter to mr. pym , writ somewhat to this effect ; that the sky was horridly black in those northern parts , and that all things there seemed , as tending to an universal judgment . the earl being then general , could not intend this other than a private advertisement , but mr. pym finding the publication of it a sit means to encrease the general apprehensions , presently imparted that letter to the house of commons , and from thence the substance of it was divulged over all the city of london . this served to keep the people in a heat and jealousie concerning the kings intentions , but that fear proved vain , for the pacification was effected wholly by interposition of the english-commissioners , who were persons approved of by the parliament as to that employment . but this business of satisfying the scots , and of disbanding of the armies , requiring vast summs of money , there were were great taxes laid upon the people by act of parliament , which money was not likely to be levied in much time , and therefore there needed a present supply by the city of london , who ( as was pretended ) would not part with their money , lest a dissolution of the parliament should come before payment ; thereupon the king was pressed to pass the act of continuance , whereby the parliament could not be dissolved , but by their own consent . this act had the royal assent , and gave to the crown the greatest blow that it had yet received ; for so the king established against himself a power , which he could not extinguish . this pacification being free from all secret agreements with the scots , gave a great strength and confidence to our cinistones , or kindlers of sedition : for though the presbyterian discipline , was now again consimed , as to scotland , yet it was impossible , that the scots could think themselves secure to hold it , as long as episcopacy stood firm in england , in which respect they could not but be willing to assist those , whose design it was to abolish it . before this time , it was thought sit to deprive the king of two prime counsellors , the archbishop of canterbury , and the earl of strafford , ( whose names were delivered in by the scottish-commissioners , as incendiaries between the two nations ) which was done in the way of an impeachment by the house of commons at the lords bar for high treason . upon this impeachment it was found requisite to commit them presently to the tower , so as the king was immediately deprived of their advice in council ; and the earl of strafford was speedily brought to trial in westminster-hall with much solemnity , which had continuance for many days , and at last was broken up with heat and violence by the house of commons , such as ill became the gravity of that assembly ; and they did it , conceiving that the lords carried themselves partially in relation to the person impeached ; but his condemnation was finished afterwards by the legislative power in a bill of attainder , which could not pass the lords , till many of them were so terrified by tumults , as they found it for their safety to be absent at the last reading . and this business of the bill was carried on with such violence , as there was a kind of proscription of such persons , as in the house ●f commons had voted against the bill ; for their names were posted up in london by the care of some malicious body . the archbishop was reserved to a trial , less legal as to the form , but no less fatal to his ruine ; being some few years after condemned by a bill passed in both houses , but wanting the royal assent . at or about the time of straffords trial , there was a general licentiousness used . the parliament-houses were daily haunted with a rabble of tumultuating people , crying out for that which they called justice . there was also a liberty assumed , and connived at , to print and publish what every man thought fit , which for the most part was in defamation of the governors ecclesiastical and temporal . within the city of london the pulpits were almost wholly possest by presbyterian-ministers , whose eloquence was altogether employed the same way . in the country ( or at least in divers parts ) there was such encouragement given under-hand , as the common people fell upon popish recusants , and plundered their houses with all severity : and the house of commons being made acquainted with the inconvenience and terror of these tumults , as well by their own members , as by a message from the house of lords , would not be drawn to discountenance , much to declare against them . it was not long after the pacification , that the scots much urged the king to go into scotland to be crowned , whereunto his majesty assented at the last , which gave great jealousie again at westmirster , in so much as the parliament made some addresses to the king , desiring that he would not depart out of the kingdom at that time , but those addresses became altogether fruitless , the king declaring his absolute and peremptory engagement to go . and the apprehensions of this journey were so powerful , as a very active member of the house of commons , standing at the door of the lords house , upon occasion of a message , having fetch'd a great sigh , made a profession , he thought we were all undone ; but the presbyterian scots continued true to their own interest , with a respect also to their profit , and expecting to be called again into england , as it came to pass afterwards . the scottish coronation being past , the king returned to london , and then the exasperations grew higher than ever . it seems , his majesty was willing to impute the disorders in parliament to some particular persons members of both houses , whom he had found to have held intelligence with his enemies , and therefore he directed his atturny general , to accuse the five members ( whose names are well known ) in parliament of high treason , which was so ill resented in both houses , as the impeachment was refused , whereupon his majesty fell upon that unhappy resolution , of coming personally into the house of commons , which gave so great offence , as both houses , pretending they could not sit securely at westminster without a guard , adjourned themselvs for some days , and appointed to meet during the vacancy in london as grand committies , to consider what was to be done upon the pretended breach of priviledge . this gave a great advantage against the king , for by this means , they had opportunity to fix their correspondence with the citizens , and to engage them in their defence . between this time and the kings return out of scotland , the court had been annoyed with a confluence of unruly people ; so as it was thought fit to have a corps de guard ( or a court of guard as they call it ) kept in the passage before whitehal to keep the rabble at a distance . but during this adjournment the citizens of london became so engaged , as upon the day of the houses meeting again at westminster ; they sent a little army with some field pieces for their security : these passed by land and by water on each side of whitehal , and the noise of their coming was so loud , as it was concluded fit for the guard of middlesex trayned bands to withdraw , and so their passage became free . this was interpreted at court , as the beginning of a war , and thereupon his majesty thought good to retire to hampton-court . after this , there were many addresses to the king by the parliament , but not any , that could be in the least measure pleasing to him . it happened that mr. pim had newly and publickly ( at a conference between the house , as i take it ) used some words of disrespect to the king , wherewith his majesty exprest himself to be offended , and thereupon the house of commons , having notice of the kings resentment , took a resolution to send his majesty a paper , in full justification of that which mr. pim had said , i my self was present at this resolution , and appearing dissatisfied with it , immediately went out of doors , which being observed by a back friend of mine , he named me one of the four to carry it . this unwelcome news was brought to me to my own house by one of our serjeants , with a copy of the order , which must not be disobeyed , and so we went and delivered the paper to his majesty at hampton-court , which being read , he began to discourse upon it , as if he expected reason from us , and seem'd to address his speech more particularly to me ( perhaps having heard of my dislike ) but sir john culpepper then chancellor of the exchequer and chief of the four , told his majesty , we had not power to speak one word , whereupon we were dismissed , and returned to london . after this the king left hampton-court and went to theobalds , whither the parliament sent a committie of lords and commons , but with a message either so unreasonable , or unseasonable , as the king thought fit to dismiss them with an absolute negative , and there passed something then , which perhaps may be fit to be inserted herein , as containing that which is something extraordinary . i received the relation from a noble person , who was one of the commoners then sent , and this it is . after having received his majesties answer , the committy being still at theobalds , retired it self to take into consideration the terms of it , that there might be no difference in reporting to the several houses of parliament . as soon as the committy was set , the earl of warwick was called out , to speak with his brother the earl of newport . he went out , and speedily returned with this account of the business ; that the earl of newport had acquainted him , that the king was even then so pressed to give a more satisfactory answer , as he was confident they should have such an answer , if they would but defer their departure for a small season : to this the whole company seemed to assent with much chearfulness , when suddenly young sir henry vain declared himself to mervail at it , for said he , is there any person here , who can undertake to know the parliaments mind , that is , whether this which we have , or that which is called a more satisfactory answer , will be more pleasing to the houses ? for my part i cannot , and if there be any that can , let him speak ; to this no man made any answer , and so having agreed upon the report to be made , they departed . i have related this , to shew how easily one subtle ill-disposed person may overthrow a general good intention . now were the well affected party ( as it was then termed ) stirred up in all parts , to give incouragement to the house of commons in the way of pretended reformation , by petitions , whereof some were delivered dayly at the bar , and the deliverers had thanks given by the speaker , which was a thing altogether new . and as a general return to these , and to keep the people in perfect heat , it was resolved , that a general and publick declaration of the state of the kingdom should be made to the nation . in time of former princes the house of commons had some times ( but very rarely ) made remonstrances of that nature to the king , which were never pleasing to him , yet not justly to be excepted against , because it is exprest in the writs of summons , that they are to advise his majesty , but for any advising ( or treating with ) the people , it was always held illegal , and of mischievous consequence . upon these grounds the declaration , being brought into the house , caused a very long debate , but was at last passed , with the dissent of very many of the most considerable members . our nation being in such disorder , the rebellion broke out in ireland , and the lords of the council being yet in london , imparted their new received intelligence to the house of commons , who seemed chearfully to embrace the business of reducing that kingdom to obedience , and thereupon endeavoured the raising of a stock of money by adventure , upon security of the living bears-skin , which was the estates of such persons as were in rebellion . upon this the king made offer of going in person to suppress the rebellion , if he might be supplied with money , and other necessaries for the work ; which offer was so far from being hearkned unto at westminster , as it created new jealousie . but the parliament made good use of the irish business ; for by that means they listed officers , and made full enquiry concerning their inclinations , which succeeded happily with them afterwards . every day produced new differences between the king and parliament ; for that unsatiable monster of publick security caused the making of a proposition to his majesty , which was , that the parliament might govern the militia , ( or trained-bands ) for some time at least , which was rejected by the king , as a power not to be parted withal , no not for an hour ; whereupon the parliament made new lieutenants for each county , who assumed the exercise of that power by parliamentary authority in many parts of the kingdom . and upon the same ground of publick security , sir john hotham seised upon the town of kingston upon hull , with the kings magazin there , which his majesty cried out upon , not only as rebellious , but as a robbing him of his arms and ammunition ; being personal goods bought with his money ; and this before any the least act of hostility shewed on his part . the king was then retired to the city of york , as a place of more safety , than nearer to london : and there first of all the warrants of parliament being sent by express messengers for delinquents ( by them so stiled ) were flatly disobeyed , which was no unwelcome news to the great managers of affairs at westminister ; for they pretended such obstruction of justice , to be a justifiable & sufficient ground for the raising of forces . when the opposition was grown to this height , his majesty judged it fit , that such members of both houses as had resolved to engage against the parliament should withdraw themselves ; and one of the last that continued sitting in the house of commons was mr. sidney godolphin , who for a farewel declared , that by a war the parliament would expose it self to unknown dangers : for ( said he ) when the cards are once shuffled , no man knows what the game will be , which was afterwards found by the parliament too true , when their own army became their masters : but in the mean time , this secession of members did very much facilitate the entry into , and continuance of the war ; all dispute being taken away within the houses , and the house of commons would not lose this convenience , and therefore they soon excluded the withdrawn members by special votes . this abscission or cutting off of members had been formerly used in this and other parliaments , but very rarely , and for offences extraordinary , and such an offence was this obedience to his majesty then adjudged to be , so unfitting a time for judgment is the heat of a civil war in matters relating to that war. this war first began in paper , by manifestoes and declarations on both parts , which brings to remembrance a pleasant passage in the house of commons upon this account . one of the members brought with him into the house a declaration of his majesties , which he had newly bought , and complained much of those , who were so insolent , as freely to sell such papers of the kings : at this a young gentleman ( of those who were accounted fanaticks in those days ; but one who never spake publickly in the house ) grew into a seeming impatience , and said with much earnestness , why not his papers as well as every mans else ? which though loudly , yet being spoken , without standing up , was answered only with looks and smiles . this passage is scarcely worthy of a place in any serious discourse , yet it seemeth naturally to express the small ingenuity of those times , which allowed not to a sovereign prince in his own dominions that freedom , which every petty fellow assumed without exception . at this time both parties were employed in raising of forces : the earl of essex being made captain-general for the king and parliament , ( as the stile of the war was then ) with full power to nominate officers ; and i can affirm , that the army was raised with great difficulty ; there being immediately upon grant of that commission , the greatest solitude at westminster that i had seen , whereof i my self taking notice before a member , who was designed to a principal command in the army , as a thing of small encouragement , he made this answer , that he thought the people of england were mad , being so blind to the discerning of their own interest ; but the parliaments business was more and more facilitated every day , there being a committy erected of lords and commons , called the committy of safety , in the nature of a privy council ; and money or plate coming in freely ( upon the propositions for contribution ) in london beyond any mans expectation . but that which most advanced the levies , was a liberty declared for apprentices to forsake their masters service at this time , without loss of freedom : and the nomination of collonels , members of both houses , being persons eminent for popularity , so as the army consisted very much of boys at the first , but there being great scarcity of experienced commanders , the general thought it necessary to accept the service of divers scottish-men , whom the assurance of good pay had invited to offer themselves , being not only able persons for command , but also better hardened in the way of military opposition to the royal power , than our english. now there passed every day acts of hostility , for the king appearing in person before hull , and entrance being denied , raised a battery against the town , and laid a kind of siege to it . on the other side the parliaments forces seized every day , upon such places , as they found necessary in the way of advantage for war ; so as mars began to exercise his power in several parts of the kingdom , even to bloud , by wrestlings between the respective partisans , when they met , as also by the siege of warwick-castle by the earl of northampton , who soon after lost his life in the kings service ; and the parliament it self then seemed to have assumed a new nature , according to the businesses there agitated , which were only relating to the war. after several skirmishes between parties , the armies came to face one another at edgehill , in the year 1642 , whereupon ensued a battel , and notice being given at westminster , we were in continual expectation of the issue ; and the house being set in an afternoon , there came a messenger , who brought word , that the parliaments army was so worsted , as he his self saw the earl of essex's cannon seized upon by the kings forces . this gave so great a terror , as the speaker lentall addressed himself to some of us , and used these terms . gentlemen , you shall do well to send to his majesty betimes to ask conditions , lest by delaying you come too late to effect your security : such a terror did the present apprehension strike into him , and many others ; but it was not long before an express messenger came from the general himself , signifying that he was master of the field , and had been once possest of the royal standard . this gave fresh courage , yet the intelligence brought by the first person was true ; for the parliaments left wing had been routed , and their cannon possessed , but for want of discipline the prevailers applied themselves to plunder the baggage , and so the other part of his majesties army was born down , and the earl of essex remained possessed of the field , ( or champ de bataigle , as the french call it ) but with his forces so broken , as the kings army , having done their business in forcing a passage , pursued their design , and marched forwards , which essex in his letters termed a flight , and said , that for want of horse , he could not prosecute his victory , without a fresh supply from london . and thus the victory is pretended to on both sides , and not without a fair colour . not long after this , the king having refreshed his army at oxford , marched with it towards london , yet could not do this with such expedition , but that general essex was gotten thither before him , and the citizens of london were so fearful of being plundered , as they came out unanimously for defence , and so his majesty thought good to retreat to oxford , which gave a period to action for that year . somewhat before the late encounter near brainford , the house of commons ordered me to go into the countrey for which i served , where i found all full of terror , the common people generally apprehending , that the cavaliers ( as the royallists were then called ) were coming to plunder them . this fear was artificially put into them , as i could easily perceive : for the countrey was full of strange fictions of their inhumane carriage in other countreys , and being at my usual mansion , we had scarcely any rest ( no not in the night ) for messengers giving the allarm , and the manner was to bring a paper of intelligence without any subscription , and this must be taken for truth , without any farther proof . these allarms generated strange , wild , and indigested propositions , such as were not to be hearkned unto by any person of judgment and experience , yet they were some way tending to the great design of raising the terror to a height , and putting arms into the hands of schismatical people under the name of voluntiers , and by those means to form a new power to be disposed of upon occasion in any part of the kingdome , without the limits of their own counties , as it came to pass afterwards , when majors general were established . but since the kings forces did not really make any approach towards us , and since i had not accepted of any command to oblige my stay in the countrey , i made my return to london , and applyed my self to my constant course of attending in parliament , where i found the state of business somewhat altered : for general essex began now to appear to the private caballists somewhat wresty , so as they found it necessary to raise new forces to be commanded less immediately by him . upon this there was a kind of army put under command of sir william waller and sir arthur hasellrigg , whose actions were afterwards as much cryed up , as the generals were cryed down . and then there were also ordinances of parliament ( which kind of law grew now in fashion ) framed , and past for constituting associations , whereof the eastern was chief , and much promoted by cromwel , who founded his greatness there , though for the present he was commanded by the lord grey of warke , chosen major general of that association , and placed in that command , as a person less active , and more to be wrought upon , than he afterward proved to be , which made essex who had yet power sufficient to crush him ; cause him ( after about a years service in that command ) to be summon'd to his attendance in the lords house , with a substitution of the earl of manchester in his place of major general , being one of his own near relations . the house of commons was employed in providing money , without which they could have no good effect of their armies . several ways were found , but no one ( nor all of them together ) answerable to their occasions . one was by sequestration of delinquents estates , not excepting the king 's own revenue , which last yielded the best supply , being manag'd by a committy of parliament , whereas they were inforced to use ravenous people in the sequestration of private estates , making a very slender account to the publick , and converting most of the profits to their own use , whereof the parliament was not in condition to take much notice at that time . another way of raising mony there was , by requiring a twentieth part of goods and a fifth part of every man's revenue . this began upon persons disaffected to the parliament , but came at last to be a calling dance , being made general , and herein both parties did good service , by giving complete information concerning one anothers estates . but the last and surest , was a monthly tax for the army , which was the first of that kind , and likeliest to continue in being . and now the case is wholly altered , for every demand must be answered , there being armies on foot , very well disposed to constrain payment in case of refusal . about this time , those persons who had been nominated committies in each county for money matters , held meetings ( in imitation of the covenanters tables in scotland ) and took upon them the decision of businesses relating to the county in general , but especially as to the war , which comprized the suppression of the royallists , and by this means they exercised an unlimited power , being assured of indemnity at westminster for all things done in the way of advantage to their military affairs . while the asperities of war lay thus frozen up in winter quarters , it pleased his majesty to send the earl of south-hampton , and sir john culpepper with a proposition for a treaty of peace , and a considerable member of our house made this relation to me , of mr. pims opinion concerning it . this gentleman said , he met mr. pim going into the committy of safety , and desiring a word with him asked , if he knew the substance of southhampton's message , and what he thought of it ? mr. pim's answer was , that he knew the particulars , and praised god in his heart , hoping that the issue of it would be happy for the kingdome . but it seems , that being entred into the committy his mind soon changed , for the general ( with other lords there ) were absolutely for the refusal of it , which was the event of it also in parliament , and not without some harshness in the manner , for south-hampton and culpepper would have delivered their message in the respective houses within the bar , as members , which was refused to them , and so their message being made known , and unanimously concluded unseasonable , by reason of the generals standing yet ( together with divers other eminent persons ) declared traytor , they both returned to oxford . this may appear strange , since the general was conceived to wish and labour for peace , which may the better be believed , because after this time , he sent a letter to the parliament , to express his sense of the nations miserable condition under a war , and to desire that there might be propositions of peace sent to his majesty ( a fault never to be forgiven by the private caballists ) which desire of restoring peace continued with him even to his end , as was hinted in his funeral sermon , wherein he was compared to abner , who perished being in such a design , but it is usual for such persons to dislike all pacification , saving what is procured by themselves , wherein their own interests are fully provided for , and it is very likely , that essex would have had the business to pass chiefly through his own hands , whereby we may see , how far a poor nation may suffer by the on of some principal persons . but howsoever it was with others , it is not to be doubted , but some of the close cabal , rather than to yield to any pacification , were disposed to make use of the pious intimation , delivered by a minister in a fast sermon preached before the house of commons , which was this . that if they could not effect the desired reformation , yet it would be in their power , to break the pillars , and as sampson did , to pull down the house over the heads of their enemies . yet for publick satisfaction ( the people being wearied with a war ) it was always in agitation , to bring the business to a treaty , though not without much jealousie on the parliaments side , which might be much encreased , by a letter from a lord at oxford to a commander in that army , which became publick being intercepted , and contained these words . do but cudgel them into a treaty , and we shall do well enough with them . before drawing the armies out in the year 1643. there had been a hopeful treaty of peace , both parties having tendred propositions , and commissioners being sent to oxford to treat , but this was soon rendred fruitless by the parliament , who too far straightned the time of treaty , and bound up their commissioners by instructions , obliging them in the first place , to treat upon and conclude the proposition for disbanding of the armies , which could not be consented to by his majesty , without assurance first had , that the other most important articles would be agreed upon . and so at this time the poor people were defeated of their hopes , it being one of our cabals greatest arts , to give way to a treaty of peace for publick satisfaction , and then to bring it to a rupture in some plausible way , as here it was upon the article of disbanding , which was a thing so much desired by the people . this year 1643. businesses were transacted at westminster with greater heighth than ever ; for the queen being returned to the king's quarters with some assistance , the house of commons assumed the boldness to impeach her of high treason at the lord's bar , and about the same time , both houses voted a new great seal to be made , which is the instrument of royal power far above all others , and the doing of these two things , could not but much exasperate his majesty , yet their military affairs were never less succesful , for the west of england was wholly lost by defeat of the earl of stamford's army , and bristow forced by prince rupert . in the northern parts the earl of newcastle was prevalent almost wholly : and certainly had the king ( instead of besieging glocester ) marched to london , and the earl of newcastle ( instead of besieging hull ) forced his way into the eastern association , the war had come to a period , but divine providence had designed a more gentle end , and disposed the minds of the northern and western armies , so as they would not forsake their own countries till they saw them cleared from all opposition . the parliaments business being in this evil condition , it was easily judged fit to call in the scots , which matter being moved in the house of commons , and it being objected , that it would be fruitless to call them , without proposing to them at the same time something of great advantage by it , there stood up presently that great patriot henry martin , and desired with much confidence , that an offer might be made them , of the counties of northumberland and cumberland , and in case they were not therewith contented , to add two such other counties in the north , as should be most convenient for them . so little care had he in that conjuncture , of the honour , and advantage of the english nation . this was justly thought extravagant , yet that business of calling in the scotts being communicated to the lords , there was a committy of lords and commons nominated to go into scotland , and matters were so transacted with the scots , as they entred into england with an army the february following . i should have related how in the former year , after the king 's retiring from parliament , there was set up at westminster an assembly of divines , being an ecclesiastical body of strange constitution , and composed of persons nominated by the knights and burgesses of each county , to which were added a small number , named by the lords , and some few commissioners deputed by the kirk of scotland . this assembly being so extraordinary in the constitution , was certainly designed to produce great effects , but the success was not answerable , for they could never perfect their model of church government , not well agreeing among themselves , by reason of the independent members , who approved of no church discipline , other than parochial , and even that part of the model , which was concluded upon with approbation of parliament could never be put in execution , the presbyterian discipline being so strict , as made it unpleasing to most of the people ; and especially to those of the gentry , who found themselves likely to be over-powered by the clergy , even in the places of their habitation : but the army , after it became new modelled , was wholly averse to it . i conceive , the intentions of calling an assembly to have been these two : first to have a synod of divines concurring in the subversion of the bishops , and their hierarchy ; and in this the parliament had their end fully , for the matter very well pleased all such persons as were earnestly of their party : and secondly , to agree upon some uniformity in divine service , which was the ground of their directory ; but all uniformity ( or colour of it ) was distasteful to the independents , which became the growing opinion , and at last so over-spread the army , as the sight of a black-coat grew hateful to them ; and so the directory fell to ground of it self . these assembly-men might well be discouraged , since hopes were given at first , that the lands of bishops and of collegiate churches should be setled in some way , for the raising of all parochial churches a competency of means for the ministers , but the necessities belonging to war exposed these to sale , and frustrated that hope . i should have related how the house of commons finding the pulpits filled with persons disaffected to them , made a breach upon the lords in point of judicature , and erected a committy called of plundered ministers , and by this committy they ejected the old ministers , and placed new at pleasure , but because the ejected had been possest of a freehold , the committy ordered to his wife and children a fifth part of the profits , if cause were not shewed to the contrary , which must be this , that the person displaced was otherwise possest of temporal means sufficient ; and to my observation , there was scarcely any of the new-placed , who did not dispute that provision at the committy . but it seems that this committy could not dispatch that business fast enough ; for the earl of manchester was afterwards invested with a power by both houses , to do the same thing within his association , as also to reform the university of cambridge , where he had the like arbitrary power of ejection . but the parliament had a way of cementing their fluctuating faction by religious bands of union , which certainly they found very effectual , though upon differing grounds , or else they would never have had three of them in three or four years time , which i think is not to be paralell'd in any other revolt . the first of these was a protestation in the year 1641 , which being before the war began , took into it the defence of his majesties royal person , estate and dignity . the second was termed a vow and covenant , set on foot in the year 1642 , and this containeth no mention of the king , but in the way of forcible opposition to him by prosecuting the war. and the third was , the scottish-covenant , which again taketh in the defence of his majesties royal person , but in so perplexed and complicated a way , as it signified little . and in this was also contained , a total abrogation of the government ecclesiastical by archbishops , bishops , &c. with the whole hierarchy ; so as this covenant may be said , to have spoken perfect scottish . the taking of the first and last of these in their proper time , was pressed upon the people in general with all terror ; and the vow and covenant ( which related much to a particular conspiracy ) only upon the members of both houses ; and certainly it was a very useful policy , to engage the most considerable persons in these oaths , and in other things rendring them odious to their prince , and exposing them to confiscation of their estates upon conquest , which could not but make them stick the more closely to common defence . all the time of this parliament it was the design of our caballists , to abate the power of the lords house , and in pursuance of that design , at the very beginning in straffords business , they prevailed to have the recusant lords deprived of voting there ; and afterwards they had not patience to stay till the bishops were excluded by the ordinance , but took advantage of a protestation made by such bishops , as then sate in the house of lords , being about half their number , and to my best remembrance , thus it was . those bishops having taken a resolution , not to continue sitting long after his majesties forsaking the southern parts , yet finding that there was an ordinance coming for abolition of their order , which must pass the lords house , they used their endeavours to enervate that , which might be done in their absence ; and upon that ground they entred a protestation , subscribed with their names , against all such determinations to their prejudice . this being become matter of record , the house of commons took notice of it , and came up presently with an impeachment of those bishops by name , as guilty of a praemunire , in assuming to themselves a power , to invalidate that which is otherwise the law of the land , viz. the jurisdiction of parliament ; and upon this ground ( how justly i know not , for the matter was never brought to judgment ) those bishops unhappily formed to themselves a deprivation , instead of a withdrawing . by this means , and by the absence of those lords , who withdrew themselves to serve his majesty , the house of peers was grown so empty , as their authority became little considerable , which was not much regarded by our leaders in the house of commons , who ( in likelihood ) had at that time a resolution to dissolve that house , as it came to pass afterwards . as great assertors of priviledge of parliament , as that house of commons pretended to be , yet they cared not how far they encroached upon the lords , nor how they violated their priviledges , as may appear by a message delivered at their bar near the beginning of the parliament , which was to this effect ; that the commons found in that house , so great an obstruction of matters tending to the good of the common-wealth , as they desired their lordships to make known the names of such lords , as were the causes of it , that they might be dealt with as enemies to the state : so as in those days , the house of commons might properly use the french proverbial saying : je n'ayme pas le bruit , si je ne le faits , i love no noise , but what i make my self . but their own house began to be almost as much cried out upon for paucity of members ; and for this they had provided a remedy sufficient by the new great seal ; and there was little danger of bringing in evil members , for no writ of election could be issued , but by warrant from the speaker , and consent of the house , who would not grant it for places , where the people were known to be disaffected to the parliament . by this means the house became pretty well filled , and many of the new members were officers of the army , who had been so used to command , as at the last they found a way to command , even the house it self . besides this , the new great seal enabled the parliament to constitute judges , and to set up again the courts at common law , as also to make what justices of the peace they thought sit , whereof there was very great want in the parliament quarters till then ; so as now there were complete judicial proceedings , both criminal and civil , which gave great satisfaction to the people , and would have deserved high applause , but that all men knew this convenience to be raised upon a most unjust , and insolent foundation . before this recruiting of the house of commons ( as it was then called ) the military affairs of parliament were much advanced ; for by the help and countenance of the scottish army , his majesties strength in the north was so broken , as the parliament had first besieged newark , and then the city of york , but both these towns were very bravely relieved by prince rupert ; and could that prince have been contented , with the honour of having effected his business in the dissolution of those sieges , it had been happy , but he as a souldier , knew what a fear usually is attendant upon armies in a retreat , having been forced to forsake a siege ; and thereupon he gave the parliament forces battel at marston-moor , and was defeated wholly , yet with such a confusion on both parts , as six generals present in that sight , were said to take wing at the same time , conceiving their party to be utterly overthrown , whereof general lesly of the scottish was one . this set the parliaments reputation very high in point of strength , and gave opportunity to our caballists , of abating ( or rather dissolving ) essex his power , who , as they conceived ( and perhaps grounding their conceit upon his letter for propositions to his majesty , in which letter he also exprest much care that the royal person might be preserved in safety ) had no mind to an utter overthrow of the regal authority : so as when the armies were withdrawn into their winter-quarters , our grand politicians set themselves upon the effecting of this great work , which must have influence , as well upon essex his chief adherents , as upon himself . the manner of this critical business was thus . it was affirmed in the house of commons as impossible , that the war could be brought to an end , by an army that had totally lost its discipline ; whereupon it was moved , and assented to , that a committy should be nominated , for examination of corruptions and abuses in the army . this committy sate many days , and was very full of employment , till at last a report was called for . then arose up mr. tate the chair-man , with a great bundle of papers in his hand , being a very great presbyterian , and little suspecting , that his business would become the ruine of his party , as it did in conclusion . he appeared unwilling to make the report , but being pressed to do it , he desired , that the house would first give him leave to speak a few words ; and then he uttered his parable , concerning a man much troubled with botches and boiles , in several parts of his body , who had recourse to a physician for cure ; his doctor told him , that he could give him plaisters to cure any part of his body so disaffected , but that whatsoever was healed in one member would break out again in another , for the whole habit of his body was corrupted , and that if he would have perfect health , he must procure for himself a better habit of body , by much purgation with a new diet , and so the ulcers would be healed of themselves . this , saith mr. tate , is so applicable to the business in hand , as i hope the house will find no need of a report , and yet upon command i am ready to make it . hereupon other members , who had prepared themselves , spake against the report , and said , that abroad out of doors , all our ill successes were imputed to the absence of members from parliament ; and then a motion was made , that there might be a self-denying ordinance , by which all the members of either house might be deprived of other employments , that diverted them from their service in parliament . this was very hard of digestion to many members , who had profitable offices , yet for publick satisfaction , and for better reforming of the army , it was consented to , that there should be such an ordinance , which was afterwards brought in , and passed both houses . by this means essex , denbigh , manchester , grey of groby , sir william waller , haselrig , brereton , cromwell , and divers others were deprived of command , though the last was never intended to suffer by this ordinance , as it appeared afterwards . but notwithstanding all this , essex had not surrendred his commission , and therefore something must be done to shew him a perfect necessity . so the house of commons proceeded in nomination of collonels for their new army , whereof sir thomas fairfax was one , and at last he was voted to be general of it . he was a person eminent for valour , ( vaillant comme son espée , fearless as his sword ) but of a temper more flexible than essex ; and very many others , which pleased cromwell , who meant to be the chief steersman . not long after this , essex finding himself imperatorem sine exercitu , a general without command surrendred his commission , with many expressions of good affection to the parliament ; and wholly bent himself to a retirement , being the first person , and last of the nobility employed by the parliament in military affairs , which soon brought him to the period of his life ; and he may be an example to all future ages , to deter all persons of like dignity ; from being instrumental in setting up a democratical power , whose interest it is , to keep down all persons of his condition . yet they did him all possible honour , in his funerals at the publick charge , so acceptable is an opportune death . in pursuance of the great design , all the old commanders were wormed out by little and little , and none admitted to commands , but those persons who were known , not only to be of an antimonarchical spirit , but purely disposed to the armies interests , which the army found very useful afterwards , when it began to contend with the house of commons for the sovereign power . by this it may appear , how supinely negligent the parliament was , in forbearing to mould the army , with surer dependence upon it self , which might have been effected in the nomination of colonels and chief officers at first , if care had been taken for choice of many persons , who were resolved to stand & fall with their interest , such as were colonel harley and sir robert pye , who forsook the army , when it opposed it self to the parliament , and for want of associates could effect nothing , but their own prejudice . as soon as this new army began to move , it was thought necessary by the house of commons to send cromwel to them , who was there not only received , but intrusted with command of all the cavalry by the title of lieutenant general , there being then no general of the horse . this army had but ill success at first , having laid siege to oxford , and failed , when in the mean time the king with a brave army had taken leicester town , and struck a great terror into all the parts adjacent . but all this was useful only to bring on a greater misfortune , for general fairefax drew his army that way , and the opposing of his passage brought on that fatal battail of naseby , where there was so absolute a defeat of his majesties forces , as the after strivings were but as labouring for breath , by a person not long before his decease . after this oxford was besieged again , and yielded by treaty , which was followed by a total dissolution of all his majesties military power . yet the king assayed to engage a powerful army for him , which was that of the scots at newark , and that he might the more endear himself to these , he put his royal person wholly into their power . at first the scots carried themselves , as if they intended to appear worthy of so great confidence , for they presently marched northwards . the parliament gave no time to consider , but made a peremptory demand , to have the king's person delivered to them , and had the help of themistocles his two great gods vis & suada , the terror of a victorious army ready to fall upon them in case of refusal , and by way of perswasion a representation of their duty , that army being then in the parliaments pay , and obliged to act only in their service , to which with many other reasons , was added a promise of their arrears by very ready payment . the first of these was more likely to give offence , than terror , to so powerful a body , and as to that pretended duty of the army , it could not extend it self to the extinguishing of natural allegiance , which is a duty personal . but whatsoever arguments were used , the scots consented to deliver him , and performed it to their eternal infamy , which infamy is much encreased by a breach of trust ( for having received his majesty they ought to have set him in a state of freedom , as good as he had when he came ) and because the contracting for mony makes the business appear , as a sale of their soveraign prince . soon after the king's forces were wholly dispersed , the army being without imployment made business for it self , by interposing in publick matters appertaining to the government , which was begun by a mutinous accusation of mr. hollis , with other members to the number of eleven , and a drawing up of the army southwards , whereupon the parliament sent commissioners to them to expostulate about their remove southwards , and to promise all reasonable satisfaction in general terms , but nothing would serve , without the exclusion of those members from the house of commons . but i should have related , how upon delivery of the king's person , the parliament placed him at holdenby-house , with a guard of soldiers , and a committy of lords and commons to attend him , and to order matters there for his security . at this the army seemed to take offence , disliking the choice of commanders for his guard , but surely their main intention was ( since now an opposition to the parliament was designed ) to have the royal person only in the power of the army , and thereupon they sent a party to take him from holdenby , which was effected without the least opposition , and so they held his majesty with ( or near ) the army , till being at hampton court the chief officers grew jealous , that his residence with the soldiery might have an influence , endangering the power of them the commanders . at this time cromwel who was the chief manager of affairs in the army , carried himself with such respect to his majesty , as his party grew highly jealous of him , insomuch , as john lilborn , the great leveller , offered a kind of 〈◊〉 against him at the bar in the house of commons , wherunto there was little car given by the house in general , but those , who abhorred all reconciliation with his majesty , remained unsatisfied , and began to complain bitterly of him one to another , as a person persidious ; but their fear was causless , for he never intended to be an instrument of so much good to the nation , and therefore his courtship must be thought to have had some other intention , which may be guessed at by that which followeth . while the army lay about hampton court , the houses were informed , that the king had made an escape from thence , and that the chief commanders were very much distracted with the thought of it . this was very well dissembled , since it soon 〈◊〉 〈◊〉 that the king had been perswaded to withdraw himself , and was never fully out of power , for being quickly seized upon again , they placed him ( according to their hearts desire ) in the isle of wight , where there could be no addresses made to him , but by their permission . yet here the army was content the parliament should have the honour , that his majesties perseemed to be in their custody , for the guard and care of him was referred to a person nominated ( or at least approved of ) by them , who was colonel hammond . and now the english nation ( though all too late ) was grown so generally sensible of their prince his distressed estate , as it drew on a treaty at caris-brook castle in the isle of wight , where the king had his forced residence , called the personal treaty , because none were admitted to be present at the debate , but the king his self , and the commissioners of parliament . it is true , that the king might retire at any time into another room to advise with divines and others , being persons of his own choice , but they were not admitted to be present with him for assistance in the debate . there were terms of very great disadvantage , yet the king carried himself even to admiration of the commissioners . i remember , that it hapned after the report had been made in the house of commons , as we passed through westminster-hall , that one of us was speaking of his majesties great abilities in the hearing of one of our grandees , who turning his face to him who spake , used these words : perceive , you take notice of the king 's great abilities , and you may thence conclude with your self , that you have the more cause to take heed of him , which speech i could not but find very strange , as if it were dangerous to a nation to be governed by a prince of parts extraordinary . but this treaty had the like issue with others , though the unsatisfactoriness of the king's concessions could not be voted in the house , as it was then constituted , which caused a new purgation of it by the army . before this personal treaty , the parliament for a long time was enforced to take for payment , whatsoever reasons the army officers were pleased to tender for their justification , but in the year 1647. the army was grown to that insolence , as the presbiterian party in parliament thought it unsufferable , and thereupon they took heart , and having made some resolute votes , sent a committy of both houses to the city of london , to ingage them in an opposition to the army together with the parliament , but there was then as great a schisme ( or rent ) in the city , as in the parliament , and the borough of southwork siding wholly with the army , it was impossible for the city to stand out against it , so as that ill grounded opposition fell wholly to ground , and the speakers of both houses ( who easily foresaw the issue , and together with many other members had made an escape to the army ) returned triumphantly to westminster , and the army with much greater triumph marched in body quite through london , and by means of this opposition became more eminently powerful than ever . and thus the great city of london was made to stoop , and it may be observed in this business ( taking it wholly from the beginning to its happy conclusion ) that all other persons and parties , which had been much cryed up for eminent power , were brought low , as the great favorites in church and state , the scottish armies , the houses of parliament , and the royal soveraign his self , whom it pleased god to humble even unto violent death , as it was with his ( and our ) blessed saviour . and as for this triumphant army , with its brave and politick commanders , divine providence reserved it and them , to an utter dissolution , ( as to that great power wherewith they so afflicted the world ) which came upon them at last , though with leaden feet . and to shew unto those insolent commanders of the army the unstableness of their condition , it pleased god before this personal treaty , that there was a strong design laid , to draw on a total change of affairs , by insurrections in divers counties , and a fresh coming in of the scots , who now began to understand themselvs better . yet as is usual in matters , wherein several and distant parties undertake together , these could not hold time one with another , so as some were overthrown , before others appeared to stir . but as preparatory to these troubles , the parliament by a just judgment of god ( as a return for their own miscarriage in the same kind ) was much disquieted with tumultuating petitioners from surrey , kent , and other counties , who carried themselves with such violence , as some of the petitioners lost their lives by the guard which attended in the new palace-yard , & the loss of these persons was so ill resented abroad , as kent suddenly arose in a great body for the king , and had essex held time with them , it might have somewhat distracted the army , but essex men stayd , till the kentish strength was broken at maidstone , and then began to stir , whereupon the remainder of kentish men crossed the thames , and came into essex , where not being able to resist a complete army , the whole party of both counties was constrained to retire into colchester town , and was there besieged by general fairesax , and enforced to surrender for want of provisions . about the same time , the earl of holland made a party , and took arms on the other side of london , but finding no assistance from the countrey , he retired northwards , after some damage received , and being pursued by forces sent by the army , his party was routed at st. neots in huntington shire , and he his self there taken prisoner . neither had the scots under duke hamilton any better success , for cromwel having gathered together a competent force , fell upon them in their quarters , when they had scarcely heard of him , and he cannot be said to have routed them , for they were never suffered to gather themselves into a body , so as all that great army fell to nothing , without making the least opposition in any considerable number , and in the pursuit the duke their general was also taken prisoner . now the army having once more cleared the coast , had good leisure to fall into mutiny again , but it was against the parliament , and not against their officers , who made use of the common soldiers , to demand justice ( as they called it ) against the king , and for whatsoever else they the officers had in their desires ; and for this they found out a new and unheard of way , giving the soldiers leave to chuse agitators , being substitutes , receiving denomination from agitating their businesses , which then consisted only in medling with affairs concerning the publick . these persons were busie-headed fellows , pointed out by the officers , but elected by the soldiery , and held their assemblies , wherein they questioned all parts of the government , and proposed what new models they thought fit . this made the people in general almost mad , fearing that all would fall into absolute confusion , but the army officers meant no such thing , as parting at this time with their old masters , who had not yet done all their work , and who would be governed ; as they knew by experience , which perhaps a new and more numerous representive body would not have endured , and therefore they resolved only upon the seclusion of all those members , whom they had found to be principled opposite to their interest ; and so having had good trial upon our great debate concerning the personal treaty , and time to make a catalogue of such persons names , as they intended to seclude , during one days adjournment made by the house after having spent a whole night in that debate , they sent their red-coats early in the morning before the next sitting , who passed the streets with great cries , and so possest themselves of the house of commons-door , admitting only those members , whose names they found not in their catalogue , and seizing upon many of the rest who would have entred . i question not , but upon this occasion ( as upon all others of great importance ) they held a solemn fast among the chief commanders , to ask counsel of god , for the doing of that which they their selves had already resolved upon , which ( if i deceive not my self ) is one of the greatest hypocrisies that the world hath known . the house of commons being thus moulded according to their desire , they presently fell upon the formalities of that most hideous ( and not to be paralell'd ) murther of our royal sovereign , and upon the business of putting down the house of lords , with intention to establish a perfect democracy among us . but god hath preserved us from so unhappy a change : as for my self , being one of the secluded members , i from that time retired me wholly from publick affairs , till a farther call , which by gods mercy i lived to see , and had the happiness to be a member even of that house of commons , when all was disposed there for a perfect restitution of the ancient government under our most gracious sovereign charles the second , whom god preserve long in prosperity for his service , and for the happiness of these nations . and here i end this discourse , leaving it to better pens , to set forth the continuance of that anarchy , and the miraculous way of divine providence , in restoring us to our sovereign prince , and to our fundamental laws , without effusion of one drop of bloud in the military way . a short additament . since the finishing of this discourse , i have consulted the histories of several nations , to see , if i could meet with any thing running paralel to the raising and issue of this war ; but i have absolutely failed of doing it . it hath been usual for senates to take part with a power already raised by persons assuming the sovereignty ; so it was with the roman senate , when galba had prevailed against nero ; and that senate went farther than any other within my reading , for they proceeded to a capital sentence against their prince , but it was not till the imperial dignity was in a manner possessed by galba , and the military power was so far from being raised , or directed by themselves , as they durst not give the least countenance to it , till nero was absolutely run down . that which cometh nearer to us , is a levying of war by the roman senate against julius maximinus the emperor ; but at the same time they invested pupienus and albinus with the imperial purple in opposition to him , and claimed no sovereignty in themselves ; which setting up of emperor against emperor was a thing very frequent among the romans . in these later times , there have been divers rebellions against princes , wherein senates have been concurring , but have not originally formed the opposition . so in the united provinces of belgia , arms were first raised by particular persons , or places ; and the states ( or deputies of provinces ) afterwards approved , and concurred : and the parliament of paris adjoyned it self to the liguers ( or covenanters ) against the two last henries of france ; but that parliaments actions are little to our purpose ; for they are to be looked upon as no more than a standing court of judicature , wherein the peers of france are priviledged to sit at pleasure , and having jurisdiction only in some part of the french dominion ; ( except in cases of appeal ) and besides this , the war was neither begun , nor managed under their authority . in scotland , an assembly stiled ecclesiastical , ( though comprizing lay-persons ) was convocated by king charles the first , and they continued their session after his majesties act for their dissolution , assuming to themselves a power independent upon him ; but i never read , that they made any order for raising of military forces for maintenance of their decrees , though it was otherwise done against his majesty . in our chronicles , there is mention of divers kings deposed , even by parliament , but those parliaments did it in compliance with a strength already in being ; and they no ways either directed or concurred in raising that power . thus have i raked together out of several histories much filth , but none of so bad savour , as that contracted by our long parliament . there are some particulars of aggravation against that assembly , ( i mean chiefly the house of commons , who for the most spurred the lords into action as to things irregularly done ) which are not applicable to any of those in foreign histories : as first , that they levied war against their prince in their own name . secondly , that they were assembled by the king 's writ to advise him in his affairs , and therefore ought not to have acted against him . thirdly , that they were limited by the terms of that writ , and in that respect ought not to have exceeded those limits . fourthly , that they were representatives of the commons , and ( though they would be otherwise exorbitant ) ought not to have done things prejudicial to them , and contrary to the mind of their major part , as certainly they did , in levying of war , and in those things which ensued thereupon . and lastly , they assumed a jurisdiction upon the kings royal person , without the least colour of right , by making substitutes ( stiled by them a high court of justice ) to arraign him as a delinquent , and to proceed capitally against him , even to death it self ; whereas he alone was the fountain of all justice within his dominions ; and nothing of that nature could regularly be done against the meanest person ; but by vertue of authority , or commission from him . and all this when he was still acknowledged to be their king ; for he was so stiled in terminis at the arraignment . this is far beyond what hath been formerly done by any other body of men ; and is of so odious a condition , as pity it is , there cannot be a total obliteration of it , to prevent any transmission to posterity . it hath been hinted herein , that the levying of war against the king was displeasing to the people in general ; yet partly by terror , and partly by hope of advantage , the most powerful part of the nation was made instrumental in it ; and this may the better be believed , because many of the most important businesses transacted in that parliament were ( upon a weaker consideration ) carried on , contrary to the judgment of the major part of that house of commons . ( i intend the sense of the house , as it was constituted at first ; for to speak of it otherwise were like making a coat for the moon , which is never of the same dimensions , but either encreasing or decreasing . ) this seemeth a paradox , yet thus much i can say by experience , for the truth of it , that oftentimes very many members , of those who sate near me in the house , gave their voice the same way that i did upon putting the question ; and yet upon division of the house , they were ashamed to own it ; for then they associated themselves with our great managers of business in the way of opposition to his then majesty . of so great force is the desire of popularity with too many , which could not but have a very great influence upon matters of greatest consequence , that were usually determined without any great disparity in the votes . yet were not businesses always carried on in the house , according to the mind , and intended order of the leading persons ; for the business of that protestation made in the year 1641 had been taken into consideration at a private meeting of the grandees , and was there concluded to be unseasonable . yet henry martin being unsatisfied with their determination , moved it the next day in parliament , and found the house so disposed , as a vote was presently passed for a protestation , which was afterwards worded by a select committy , and approved of in both houses . and to this the leaders would not oppose themselves , though they conceived it to be improper at that time . having herein insinuated the different constitutions and inclinations of that house of commons , i may demonstrate it by particular resolutions , in the case of this henry martin , who as well by that of the protestation , as by some other successes in the seditious way , being exalted in mind , adventured to cast himself upon a rock ; and thus it was : when it had been some ways expressed in the house , that the good and happiness of this nation depended upon his majesties safety , and continuance of the royal line , henry martin stood up and affirmed it to be a mistake ; for ( as he conceived ) this nation might be very happy , though the royal line were extinct . upon these words he was presently questioned , and after some debate , voted out of the house , and he continued long under that exclusion : but the war being begun , and carried on , it was conceived , that henry martin might do good service , as a member , and so his restitution was moved for , but answer was soon made , that he was a person dead civilly , and could not be restored to life . hereupon young sir henry vane ( one of the oracles of those times ) arose and said , that the matter was very easie to be effected , by expunging out of the journal-book that order , whereby he had been cast out ; and that the house was ever understood to be mistriss of her own orders . this was found so ready a way , as the matter was presently determined , and henry martin having notice , came into the house again , disposed to do farther mischief . and that the house was otherwise disposed , before the members , who fully embraced the royal interest had forsaken the parliament , may appear by the difficult saving of sir henry ludlow , who thus exposed himself to danger . the house had newly received a message from his majesty , which was so far from being satisfactory , as many persons spake against it with much vehemency , and among the rest sir henry ludlow , who very resolutely used these terms : he who sent this message is not worthy to be king of england ; upon saying this , he was immediately interrupted , and the words were agreed upon preparatory to a charge ; but before his withdrawing , in order to a censure , mr. pym arose , and said , that those words contained nothing of dishonor to the king , which being found very strange , he thus cleared his meaning . if these words be such as a fair conclusion is naturally deducible from them , then they cannot be evil in themselves , but that a fair conclusion naturally ariseth from them , may be proved by this syllogism . he who sent this message is not worthy to be king of england , but king charles is worthy to be king of england ; and therefore king charles sent not this message . now ( saith mr. pym ) i leave it to judgment , whether or no this syllogism comprize any thing in it worthy of your censure . this argument was so ingenious , as sir henry ludlow ( with his ill meaning ) came freely off without punishment ; whereas those members , who were of the royal party , found no such effectual intecessions , but were ejected many in a day , and the house was replenished again with soldiers and other persons ( most of them ) of a tribunicial spirit and temper ; so as no wonder it is , that a body so fallen from its primitive constitution , having contracted so much evil habit , and prostituted it self to the embraces of an insolent and rebellious army , governed by commanders highly ambitious , should yield births of so horrid and prodigious a nature , which ( as we hope ) shall never be paralelled in any future age. and now , it is more than time , to conclude also this supplemental discourse , which is become greater than i my self at first intended . spicas aliquot legi , messem validioribus linquo . finis . practicall law, controlling and countermanding the common law, and the sword of vvarre the sword of iustice against all the late declarations and publications of the army, that they fight for the peoples liberties and lawes. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a25647 of text r15564 in the english short title catalog (wing a3478). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 14 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a25647 wing a3478 estc r15564 12255788 ocm 12255788 57445 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a25647) transcribed from: (early english books online ; image set 57445) images scanned from microfilm: (early english books, 1641-1700 ; 162:18) practicall law, controlling and countermanding the common law, and the sword of vvarre the sword of iustice against all the late declarations and publications of the army, that they fight for the peoples liberties and lawes. prynne, william, 1600-1669. anthony, edward, 17th cent. [2], 6 p. [s.n.], printed at exeter : 1648. attributed to w. prynne. also erroneously atributed to edward anthony. cf. wing; nuc pre-1956. reproduction of original in harvard university libraries. eng england and wales. -army. great britain -history -civil war, 1642-1649. a25647 r15564 (wing a3478). civilwar no practicall lavv, controlling and countermanding the common law: and the sword of vvarre the sword of iustice. against all the late declarati [no entry] 1648 2133 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2002-03 tcp assigned for keying and markup 2002-05 aptara keyed and coded from proquest page images 2002-06 olivia bottum sampled and proofread 2002-06 olivia bottum text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion practicall law , controlling and countermanding the common law : and the sword of vvarre the sword of iustice . against all the late declarations and publications of the army , that they fight for the peoples liberties and lawes . printed at exeter 1648. the preface . the strange and unparallel'd insolency of the generall and councell of warre , in presuming to grant injunctions to stay suits and proceedings at common law , against malignant cavaliers , who have plundered them of all their estates , under pretext of exeter articles , &c. which they presume extend to all malignant constables , and others who have plundered and imprisoned the parliaments best friends by their commands , though not within the minds nor intent of the articles , and to enjoyne them to come before the councell of warre , 200. or 300. miles to shew cause why they should not surcease their actions against these plunderers , and release their just judgement against them , and presuming to evince the judges , attourneyes , and others , not to proceed in such trialls : a more higher and tyrannicall power then ever the councell-table exhausted , so that all the kingdome must now be ruled , and the common-law of the land it selfe over-ruled and staid by the marshall law , to the undoing of the parliaments best friends , and rejoycing of malignants , who enjoy their plunder and estates without recompence . practical law controlling and countermanding the common-law , and the sword of warre the sword of justice . whereas sir richard vyvyan of tresewarren in the county of cornwall knight and baronet , hath petitioned his excellency sir thomas fairfax , that edward anthony of the city of exeter goldsmith , hath sued and impleaded him the said sir richard vyvyan , contrary to the articles of the said city of exeter , within which the said sir richard vyvyan is comprized : the generall to the end he might be satisfied of the truth of the particulars of the said petition , referred the same to the examination of the officers of his army , who at a publike meeting , and upon a full examination , found every particular in the said commission to bee very clearly and punctually proved to be true , that sir richard vyvyan was master of his majesties mint in the city of exeter by commission of his majesty , that he is comprized within the said articles of exon , and by which he is to be indempnified for matters relating to the late differences between his majesty and the parliament , and that the said edward anthony hath sued and impleaded him the said sir richard vyvyan for a plate sent unto the said mint for his majesties use by sir iohn berkly knight , then governour of the said city of exeter , and hath recovered by verdict against him the said sir richard vyvyan , two hundred ninety one pound three shillings damages , besides costs . now forasmuch as they the said officers have thereupon certified the generall the premisses to be true , and that the said action and verdict and all proceedings thereon are against the articles of exeter , and therefore are of opinion , and desire the general to command the b iudge advocate to take care that the said edward anthony do forthwith reveale , or otherwaies c discharge him the said sir richard vyvyan of and from the said action , verdict and all proceedings thereon , or in default thereof to appear at the head quarters to shew a good cause to the contrary , and that all further proceeding be staid in the meane while by the said edward anthony and his attourneys ; these are therefore to desire and require the same edward anthony immediately upon sight hereof to release and discharge the same sir richard vyvyan of and from the said action and verdict of 291. l. 3. s. damages and costs of suit , and all proceedings thereon , or otherwise appeare at the head-quarters on munday the 6. day of march next coming , by nine of the clock in the forenoon , to shew good cause to the contrary , and all attourneyes and solicitours are to take notice hereof , that there be no further proceedings in the said suit in the meane while , or to shew cause to the contrarie : whereof they and every of them are not to faile . dated at d white-hall this 19. of febr. 1647. hen. whaley , advocate . who will ever adhere to , or act , or suffer for the parliament hereafter , or contribute towards the army , if they must be thus requited for all their losses , and made the verie scorne and derision both of their enemies and friends ? o heavens blush at this impious ingratitude . to his excellency sir thomas fairfax knight , generall of the parliaments forces by * sea and land . the most humble petition of john collacot the elder , of the parish of shebber within the county of devon . humbly sheweth , that your petitioner being constable during some part of the times of these unhappy differences betwixt his majesty and the parliament , was in the time of his being constable particularly commanded by the warrants annexed , to be assisting unto captaine yeo : in the apprehending of iohn perryn senior . that he was commanded by the said yeo : and compelled by thomas hewes provost marshall and his troopers , to attend the said captaine yeo : in the execution of the said warrants , which he durst not refuse , the kings party being then prevalent in the countrey . that for this cause only the said perryn hath commenced a suit at law against your petitioner , which will come to triall this assizes to the petitioners utter ruine , the articles of exeter ( in which your petitioner is comprehended ) being not pleadable at law , unlesse your excellencies accustomed goodnesse be extended for his reliefe herein , which is according to your excellencies engagement upon the rendering the said garrison . that the said captaine yroman is comprized within the articles of exon , as appeareth by your excellencies certificate annexed , and hath made his composition at goldsmiths-hall , for his said delinquency , within the eour moneths mentioned in the said articles , as appeareth by certificate readie to bee produced . the petitioner therefore beseecheth your excellency , that he may have the benefit of the said articles of exon , he acting by and under the command of the said captaine yeo : who hath compounded : and that your honour would be pleased to a give command for the stay of all proceedings at law against the petitioner . and your petitioners shall ever pray , &c. queen-street , march 8. 1647. if this petition be true , i desire the iudge to take care that the articles of exon be made good to the petitioner , and that the parties complained of de forbear further proceedings at law , or b shew cause to the court marshall to the contrary . t. fairfax whereas iohn collacot the elder of the parish of shebber in the county of devon being a constable in some part of the times of these unhappy differences , was in that time particularly commanded by capt. yeo , a commander in the kings army , to be assisting unto him in the execution of a warrant from col. sir iohn berkley governour of exon for the apprehending iohn perryn the elder and others , which accordingly hee did . that the said captaine yeo : was a person comprized within the articles of exon , and hath made his composition at goldsmiths-hall : that the said collacot is sued at law by the said perryn for apprehending him as aforesaid , which is a contrary to the twelfth article of exon , the said collacot having done nothing but by the procurement of the said capt. yeo : all which particulars being proved before me to be true : these ari therefore to require the said perryn within one and twenty dayes next after sight hereof , personally to appear before the court marshall of his ecellency sir thomas fairfax , b wheresoever the same is or shall bee held to shew cause why the said collocot should not have the benefit of the said articles , or else discharge or release the said collacot of his said action , and in the meane time , there be no further proceedings at law , and all attourneys , solicitours , and others whom it doth concern , are required to take notice hereof , the honour of his excellency sir thomas fairfax and army being so c much concerned , for making good the said articles . dated at white-hall this 13. of march , 1647. copia vera. henry whalley advocate . captaine yeo : is authorized to make diligent search and apprehend iohn perryn the elder , iohn and richard perryn his sonnes , mathusala bligh , philip kingford , robert martin and iames slowman of the parish of holsworthy , iohn coales and iames hobs of milton damrell , iohn hearding of shebber , thomas wellington of great torrington and iohn markeham of littleham , and to bring them into safe custody , or cause them to be brought to the provost marshall of the city of exon , there to remain in safe custody untill they and every of them shall answer all such matters as shall be objected against them and every of them , and thomas hewes the marshall of the north division of the said county of devon , and the constables of shebber with all other his majesties officers and loving subjects within the said county , are straightly charged and commanded to be aiding and assisting unto the said captain yeo : in the due execution hereof , wherein they and every of them are not to faile , as they will answer the contrary at their utmost perills . given under my hand and seale at betford-house in exon the 6. of march , 1643. vera copia r. h. iohn berkley . finis . notes, typically marginal, from the original text notes for div a25647e-110 a plundered from him to his undoing , being a gold-smith . b by what law or commission can any such order be granted by the generall or advocate . c o happy malignants that can find such patronage ! o unhappy parliament friends and sufferers who must bee thus enforced even after iudgment and verdict to lose both their costs & damages justly recovered against cavaliers & plunderers , and thus tossed up and downe to their utter undoing against the expresse letter of the covenant , & many declarations of both houses to repair losses , & right them out of malignants estates ! d where there is now a new councell table erected ( it seems ) far more extravagant then ever the king had any . notes for div a25647e-690 * nota. a by what commission pray , without the houses orders , and contrary to their protestations , to protect malignants against their plunderers & undoers . notes for div a25647e-1130 b by what orrinance , law , or commission , they being no souldiers , but persons imprisoned and plundered of their estates , for their zeal and good affections to the parliament . notes for div a25647e-1220 a if so , then all malignant constables , officers , and others , that murdered , ravished , robbed , imprisoned , plundered or executed any of the parliaments best friends , by command of any person or officer of the kings within the articles of exon , oxen , &c. shall be totally exempted from all actions and prosecutions , though not within these garrisons , when seized or surrendered , and is so , all who have borne arms against the parliament shall be freed from sequestrations and suits upon such a generall extravagant construction . b then they must follow him and it from one end of the kingdome to the other , and was there ever such a grievance or vexation heard of before ? or tyrannicall arbitrary usurpation . c the lawes of the kingdome , and rights and liberties of the greatest friends to , and sufferers for the parliament , ought to eversway the generall and armies honour , and their patronage of malingants . the death, burial, and resurrection of the act of the 35th of eliz. entituled, an act to retain the queens majesties subjects in their due obedience being an answer to a late lying pamphlet, entituled the life and death of the 35th of eliz. e. w. 1681 approx. 10 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a65542 wing w15 estc r7028 11967347 ocm 11967347 51762 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a65542) transcribed from: (early english books online ; image set 51762) images scanned from microfilm: (early english books, 1641-1700 ; 522:13) the death, burial, and resurrection of the act of the 35th of eliz. entituled, an act to retain the queens majesties subjects in their due obedience being an answer to a late lying pamphlet, entituled the life and death of the 35th of eliz. e. w. 3 p. printed for nath. thompson ..., [london : 1681] caption title. imprint from colophon. wing attributes work to e.w. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng elizabeth -i, -queen of england, 1533-1603. england and wales. -parliament. 2006-10 tcp assigned for keying and markup 2006-10 aptara keyed and coded from proquest page images 2006-11 pip willcox sampled and proofread 2006-11 pip willcox text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion the death , burial and resurrection of the act of the 35th . of eliz. entituled , an act to retain the queens majesties subjects in their due obedience . being an answer to a late lying pamphlet , entituled , the life and death of the 35 th . of eliz. there being lately a scurrilous and seditious pamphlet spread abroad to ensnare his majesties loyal subjects , entituled , the life and death of the statute of the 35 th . of queen elizabeth , and by such means to withdraw his majesties subjects from their due obedience and conformity , according to the known laws of this kingdom ; suggesting that the said act is discontinued ; thereby at once not only grosly reflecting on the proceedings of the two last parliaments , but calling in question the judgment of the king , lords and commons , who ( upon starting the question , whether or not this act of the 35 th . of elizabeth was in force ? ) in the 16 th . year of his now majesties reign , did unanimously declare , that the said act was then in force , and ought to be put in due execution . for the better satisfaction of which point , i have only set down the several continuances and revivings of the said act , and the continual care of every parliament since the making that law , being certainly the best , if not the only , means to keep his majesties subjects to their due obedience . an act made in the 35th . of eliz. cap. 1. entituled , an act to retain the queens majesties subjects in their due obedience , with this proviso , that it shall continue no longer than to the end of the next session of parliament . this parliament began the 19th . of february , in the 35th . of the queen , and was dissolved the 10th of april following . the next parliament began the 24th . of october , in the 39th . of the queen , and there continued until the dissolution thereof , being the 9th . of february next following 1597. this is the session , to the end whereof the 35th . of eliz. was to have continued in force ; in which session the 35th . of eliz. was revived by an act entituled , an act for reviving , continuing and repealing divers statutes ; which enacts , the same shall continue and remain in force unto the end of the next parliament next ensuing . the next parliament began the 27th . of october , in the 43d . of the queen , and there continued until the dissolution thereof , being the 19th . of december next following 1601. in this session the 35th . of eliz. is again revived by the statute entituled , an act for continuance of divers statutes , and for repeal of some others ; which statute enacts , that the same shall be continued and remain in force until the end of the first session of the next parliament . the first session of the next parliament began the 19th . of march , in the 1st . year of king james , and there continued to the 7th . of july 1604. and then prorogued to the 7th . of february next following . the 35th . of eliz. is again continued in this session by the act entituled , an act for continuing and reviving of divers statutes , and for repealing of some others ; which enacts , the same shall be continued and remain in force until the end of the first session of the next parliament . the 2d . session of the forementioned parliament began and was held by proroguation the 5th . of november , in the 3d. of king james , and there continued until the 27th . of may , and then was prorogued to the 18th . of november next 1606. the 3d. session of the forementioned parliament began from the last proroguation of the 18th of november , in the 4th . of king james , and there continued till the 4th . of july 1607. and then prorogued to the 16th . of november next following . the 4th . session of the forementioned parliament began and was help by prorogation the 10th . of february , in the 7th . of king james , and there continued until the 23d . of july , and then prorogued to the 16th . of october next following 1610. now observe , that in the 1st . session of parliament held in the 1st . of king james , the 35th . of eliz. was revived and continued in force until the end of the 1st . session of the next parliament . the 2d . session of parliament was held by prorogation in the 3d. of king james . the 3d. session was held by prorogation in the 4th . of king james . the 4th . session was held by prorogation in the 7th . of king james ; so that it is apparent by the proviso in the 1st . year of king james , that there needed not ( as the late pamphleteer seems to hint ) any revivor of the 35th . of eliz. in either of the 3 last mentioned sessions , they being sessions of the same parliament held in the 1st . of king james . in the 12th . of king james another parliament was held at westminster , but no act passing , it was no sessions . in the 18th . year of king james there was another parliament holden at westminster , wherein only there passed some subsidy acts. and in the next parliament being holden in the 21st . year of king james , the question did arise in parliament , whether amongst other temporary acts , this act of the 35th . of eliz. were discontinued ? and for clearing the doubt , stat. 21 jac. entituled , an act for the continuing and reviving of divers statutes , and for repeal of divers others . this clause is incerted , that the said acts shall by virtue of this act be adjudged ever since the session of parliament , in the 7th . year of his majesties reign of england , to have been of such force and effect , as the same were the last day of that session , and from thenceforth until the end of the first session of the next parliament . the 18th . of june the next parliament was holden at westminster , and there continued to the 11th . of july following , and then adjourn'd to oxon ; in which sessions it was enacted , that all statutes and acts of parliament , which were to have continuance unto the end of that sessions , should be of full force , after the said adjournment , until that sessions should be fully determined ; and if it should happen that that session of parliament should be determined by the dissolution thereof , that then the 35 of eliz. with other acts , should be continued in force until the end of the first session of the next parliament . and the next parliament was holden 3 car. 1. and this act was revived and continued in force unto the end of the first sessions of the next parliament . the next parliament was holden , 16 car. 1. in which sessions it was enacted , that the passing of that act , &c. should not be any determination of that sessions , and that all acts of parliament should have their continuance according to the act of 3 car. 1. and should be of the same force as they were the last day of that session , and from thenceforth until some other act of parliament be made touching the continuance or discontinuance of the same ; so that it is plain , this act is still in force , unless the pamphleteer can produce an act whereby this act of the 35 of the queen is repealed ; and it must be very lately ; for this doubt arising the second time in parliament in the 16th . year of his now majesties reign : in the preamble of the act entituled , an act to prevent and suppress seditious conventicles . it is declared by king , lords and commons , that the act of the 35 of the queen was then in force , and ought to be put in due execution . and although that act be expired , yet this clause is declaratory and distinct from that act ; and the act of the 22d . of this king was never made in favour of dissenters . london , printed for nath. thompson next the cross keys in fetter-lane . notes, typically marginal, from the original text notes for div a65542-e160 sect. 13. cap. 18. sect. 26. eliz. sect. 41. cap. 9. sect. 18. sect. 27. 1 jam. cap. 25. sect. 24. cap. 28. sect. 1. 1 car. 1. cap. 7. 3 car. 1. cap. 4. sect. 21 , 22. 16 car. 1. cap. 4. cap. 4. to his excellency the lord general monck the unanimous representation of the apprentices and young men inhabiting in the city of london. this text is an enriched version of the tcp digital transcription a94419 of text r205554 in the english short title catalog (thomason 669.f.23[33]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a94419 wing t1359 thomason 669.f.23[33] estc r205554 99864900 99864900 163689 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a94419) transcribed from: (early english books online ; image set 163689) images scanned from microfilm: (thomason tracts ; 247:669f23[33]) to his excellency the lord general monck the unanimous representation of the apprentices and young men inhabiting in the city of london. albemarle, george monck, duke of, 1608-1670. 1 sheet ([1] p.) printed by tho. ratcliffe, london : anno dom. 1659. [i.e. 1660] dated at end: this was delivered to his excellency at st. albans, thursday, febr. 2. 1659. by persons elected for that purpose, and had a very cheerful reception. annotation on thomason copy: "feb: 4." reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. london (england) -history -17th century -early works to 1800. a94419 r205554 (thomason 669.f.23[33]). civilwar no to his excellency the lord general monck. the unanimous representation of the apprentices and young men inhabiting in the city of london. albemarle, george monck, duke of 1659 586 1 0 0 0 0 0 17 c the rate of 17 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2007-09 elspeth healey sampled and proofread 2007-09 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to his excellency the lord general monck . the unanimous representation of the apprentices and young men inhabiting in the city of london . humbly sheweth , that the glory of our nation , and the greatest comfort of our lives in our civil interests , consists in the priviledges and liberties to which we were born , and which are the undoubted inheritance of all the free people of england , among which the grand and essential priviledge which discriminates free men from slaves , is the interest which every man hath in the legislative power of the nation , by their representatives assembled in parliament : without which , however we may flatter our selves , or be flatter'd by others , we are truly no better then vassals govern'd by the will and pleasure of those who have no relation to us or our common interest . now how much this dear priviledge of the people hath been assaulted by the open violence of some , and secret artifice of others , and to what a deplorable condition we are brought at this present period , when heavy taxes are imposing upon mens estates , and new laws upon our persons without any consent of the people had in a free parliament , and how generally through the said distractions in government trading is decayed , and how much we are likely to suffer therby in our times and places , we cannot but remonstrate to your excellency , constrain'd through the sense of our present sufferings and apprehensions of greater to implore your assistance , most humbly beseeching your excellency by that ancient love you have born to your native countrey , zeal to our liberties , by that great renowne you have lately gain'd in opposing the cruel rageing of the sword by the common cries of the people , and by the hopes and chearful expectation of all england now fixt upon you ; and , lastly , by your own personal concern in the same common cause as a free-born english man , that you would please to use those great advantages divine providence hath now put into your hands to the securing your native countrey from those dangerous usurpations , and preserving us in those liberties to which we were borne . that no tax may be imposed , nor new law made , nor old abolisht but with the consents of the people had by their representatives in parliament , freely to be chosen without terrour or limitations , and freely to sit without any oath or engagement previous to their entrance , without which special liberties the parliament cannot in any construction be esteemed the free assembly of the people ; and by your excellency's asserting of those our undoubted rights in your present advantages , you will certainly by the blessing of god , and unanimous concurrence of the people accomplish our ends , and will thereby gaine the hearts and hands of the whole nation , and the city in particular , and purchase to your self a name that shall make every true english man call you blessed , and posterity shall hereafter delight to recount the famous acts of their worthy patriot . this was delivered to his excellency at st. albans , thursday , febr. 2. 1659. by persons elected for that purpose , and had a very cheerful reception . london , printed by tho. ratcliffe , anno dom ▪ 1659. the covenant with a narrative of the proceedings and solemn manner of taking it by the honourable house of commons and reverent assembly of divines the 25th day of september, at saint margarets in westminster : also two speeches delivered at the same time, the one by mr. philip nye, the other by mr. alexander hendersam. this text is an enriched version of the tcp digital transcription a34784 of text r3970 in the english short title catalog (wing c6621). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 56 kb of xml-encoded text transcribed from 19 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a34784 wing c6621 estc r3970 12085033 ocm 12085033 53696 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a34784) transcribed from: (early english books online ; image set 53696) images scanned from microfilm: (early english books, 1641-1700 ; 240:e70, no 22) the covenant with a narrative of the proceedings and solemn manner of taking it by the honourable house of commons and reverent assembly of divines the 25th day of september, at saint margarets in westminster : also two speeches delivered at the same time, the one by mr. philip nye, the other by mr. alexander hendersam. henderson, alexander, 1583?-1646. nye, philip, 1596?-1672. [2], 34 p. printed for thomas vnderhill..., london : 1643. text of covenant: p. 1-6. reproduction of original in thomason collection, british library. eng england and wales. -parliament. -house of commons. westminster assembly (1643-1652) solemn league and covenant (1643) a34784 r3970 (wing c6621). civilwar no the covenant: with a narrative of the proceedings and solemn manner of taking it by the honourable house of commons, and reverent assembly o [no entry] 1643 10764 22 0 0 0 0 0 20 c the rate of 20 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2004-03 tcp assigned for keying and markup 2004-03 apex covantage keyed and coded from proquest page images 2004-07 melanie sanders sampled and proofread 2004-07 melanie sanders text and markup reviewed and edited 2004-10 pfs batch review (qc) and xml conversion the covenant : with a narrative of the proceedings and solemn manner of taking it by the honourable house of commons , and reverent assembly of divines the 25th day of september , at saint margarets in westminster . also , two speeches delivered at the same time ; the one by mr. philip nye , the other by mr. alexander hendersam . published by speciall order of the house . london , printed for thomas vnderhill at the bible in wood-street , 1643. the covenant , that was read , svvorn unto , and subscribed by the honourable house of commons , and reverend assembly of divines , the 25. of september . we noblemen ; barons , knights , gentlemen , citizens , burgesses , ministers of the gospell , and commons of all sorts in the kingdomes of england , scotland , and ireland , by the providence of god , living under one king , and being of one reformed religion ; having before our eyes , the glory of god , and the advancement of the kingdome of our lord and saviour iesus christ , the honour and happinesse of the kings majestie , and his posterity ; and the true publique liberty , safety , and peace of the kingdomes ; wherein every ones private condition is included : and calling to minde the treacherous and bloody plots , conspiracies , attempts , and practises of the enemies of god , against the true religion , and professors thereof , in all places , especially in these three kingdomes , ever since the reformation of religion : and how much their rage , power , and presumption , are of late , and at this time encreased , and exercised , whereof the deplorable estate of the church and kingdome of ireland , the distressed estate of the church and kingdome of england , and the dangerous estate of the church and kingdome of scotland , are present and publique testimonies : we have now at last ( after other meanes of supplication , remonstrance , protestations , and sufferings ) ▪ for the preservation of our selves , and our religion , from utter ruine and destruction , according to the commendable practise of these kingdoms in former times , and the example of gods people in other nations , after mature deliberation , resolved and determined , to enter into a mutuall , and solemne league , and covenant , wherein we all subscribe ; and each one of us for himselfe , with hands lifted up to the most high god , doe sweare : 1 that wee shall sincerely , really , and constantly , through the grace of god , endeavour in our severall places , and callings , the preservation of the reformed religion in the church of scotland in doctrine , worship , discipline , and government against our common enemies ; the reformation of religion in the kingdomes of england , and ireland , in doctrine , worship , discipline , and government , according to the word of god , and the example of the best reformed churches . and shall endeavour to bring the churches of god in the three kingdomes , to the neerest conjunction and vniformity in religion , confession of faith , forme of church government , directory for worship , and catechizing , that we and our posterity after us , may as brethren , live in faith and love ; and the lord may delight to dwell in the midst of us . 2 that we shall in like manner without respect of persons , endeavour the extirpation of popery , prelacy , ( that is , church-government by arch-bishops , bishops , their chancellours and commissaries , deanes , deanes and chapters , arch-deacons , and all other ecclesiasticall officers , depending on that hierarchy ) superstition , heresie , schisme , prophanenesse , and whatsoever shall be found to be contrary to found doctrine , and the power of godlinesse ; lest we partake in other mens sinnes , and thereby be in danger to receive of their plagues : and that the lord may be one , and his name one in the three kingdomes . 3 we shall with the same sincerity , reality , and constancy , in our severall vocations , endeavour with our estates , and lives , mutually , to preserve the rights and priviledges of parliaments , and the liberties of the kingdomes : and to preserve , and defend the kings majesties person , and authority , in the preservation and defence of the true religion and liberties of the kingdome : that the world may beare witnesse with our consciences , of our loyalty ; and that we have no thoughts , or intentions to diminish his majesties just power and greatnesse . 4 we shall also with all faithfulnesse endeavour the discovery of all such as have beene , or shall be incendiaries , malignants , or evill instruments , by hindering the reformation of religion , dividing the king from his people , or one of the kingdomes from another , or making any faction , or parties amongst the people , contrary to this league and covenant ; that they may be brought to publicke tryall , and receive condigne punishment , as the degree of their offences shall require , or deserve : or the supreame judicatories of both kingdomes respectively , or others having power from them for that effect , shall judge convenient . 5 and whereas the happinesse of a blessed peace betweene these kingdomes , denyed in former times to our progenitors , is by the good providence of god granted unto us , and hath beene lately concluded and setled by both parliaments ; we shall each one of us according to our place and interest , endeavour ▪ that they may remaine conjoyned in a firme peace and vnion to all posterity ; and that justice may be done upon the wilfull opposers thereof in manner expressed in the precedent article . 6 we shall also according to our places and callings in this common cause of religion , liberty , and peace of the kingdomes , assist and defend all those that enter into this league , and covenant ▪ in the maintenance and pursuing thereof ; and shall not suffer our selves , directly , or indirectly , by whatsoever combination , perswasion , or terrour ▪ to be divided , or withdrawn from this blessed vnion , and conjunction ; whether to make defection to the contrary part ; or to give our selves to a detestable indifferency , or neutrality in this cause , which so much concerneth the glory of god , the good of the kingdomes , and honour of the king ; but shall all the dayes of our lives , zealously and constantly continue therein , against all opposition ; and promote the same according to our power , against all lets , and impediments whatsoever : and what we are not able our selves to suppresse , or overcome , we shall reveale , and make knowne , that it may be timely prevented or removed . all which we shall doe as in the sight of god . and because these kingdomes are guilty of many sinnes and provocations against god , and his sonne iesus christ , as is too manifest by our present distresses ▪ and dangers , the fruits therof ; we professe and declare before god and the world , our unfained desire to be humbled for our owne sinnes , and for the sinnes of these kingdomes , especially , that we have not as we ought valued the inestimable benefit , of the gospel ; that we have not labored for the purity and power thereof , and that we have not endeavored to receive christ in our hearts , nor to walk worthy of him in our lives , which are the causes of other sinnes and transgressions , so much abounding amongst us ; and our true and unfained purpose , desire , and endeavour for our selves , and all others under our power and charge , both in publicke and in private , in all duties wee owe to god and man , to amend our lives , and each one to goe before another in the example of a reall reformation , that the lord may turne away his wrath , and heavy indignation , and establish these churches and kingdomes in truth and peace . and this covenant we make in the presence of almighty god , the searcher of hearts , with a true intention to perform the same , as we shall answer at that great day when the secrets of all hearts shall be disclosed : most humbly beseeching the lord to strengthen us by his holy spirit for this end , and to blesse our desires and proceedings with such successe , as may be deliverance and safety to his people , and encouragement to other christian churches groaning under , or in danger of the yoak of antichristian tyranny , to joyne in the same , or like association and covenant , to the glory of god , the enlargement of the kingdome of iesus christ , and the peace and tranquillity of christian kingdomes and common-wealths . the proceedings of the covenant , with the manner of taking thereof by the honourable house of commons , and the reverend assembly of divines . the commissioners sent from the honourable houses of parliament to the kingdome of scotland , having ( besides other weighty affaires ) instructions to take into consideration whatsoever might be effectuall for bringing the two kingdoms to a more neer conjunction and union , there was a committee of the honourable convention of estates in scotland , and another committee of the generall assembly of the church designed to joyne with them in this great and necessary consultation , in which , after much agitation , the result and conclusion was , that a solemne league and covenant taken mutually by both kingdomes , would be the most conducing meanes to such a happy vnion . thereupon a form of covenant by their common assent was agreed upon , and presented to bee read and considered of , in the generall assembly ; where it had assent and approbation : and was thence recommended to the convention of estates , by an order of the assembly , as followeth . edenb. august . 17. 1643. sess. 14. the assembly having recommended unto a committee appointed by them to joyne with the committee of the honourable convention of estates , and the commissioners of the honourable house of the parliament of england , certaine propositions presented unto them by the aforesaid commissioners of the honourable house of the parliament of england , for bringing the two kingdoms to a more neere conjunction and vnion , received from the aforesaid committees , the covenant under-written , as the result of their consultations ; and having taken the same as a matter of so publike concernment , and of so deep importance , doth require unto their gravest consideration , did with all their hearts and with the beginnings of that joy which they did finde in so great measure upon the renovation of the nationall covenant of this kirk and kingdome , all with one voice approve and embrace the same , as the most powerfull meane by the blessing of god for setling and preserving the true protestant religion with perfect peace in his majesties dominions , and propagating the same to other nations , and for establishing his majesties throne to all ages and generations . and therefore with their best affections recommend the same to the honourable convention of estates , that being examined and approved by them , it may be sent with all diligence unto the kingdome of england , that being received and approven there , the same may be with publick humiliation , and all religious and answerable solemnity sworne and subscribed by all true professors of the reformed religion , and all his majesties good subjects in both kingdomes . ar. jhonston cler. eccl. from that honourable convention it obtained like approbation , with a recommendation to the kingdom of england , as in this order of theirs appeareth . at edinburgh . 17. of august , 1643. the noblemen , commissioners of shires and burroughs now convened , having received the covenant above-written from their committee as the result of their consultations with a committee of their generall assembly and the commissioners of both houses from the parliament of england , and having taken the covenant into their gravest consideration , did with all their hearts , and great expressions of joy and unanimity approve and embrace the same as the most powerfull meane , by the blessing of god , for setling and preserving the true protestant religion with a perfect peace in all his majesties dominions , and propagating the same to other nations , and for establishing his majesties throne to all ages : and being very confident that their brethren in the kingdome of england will heartily receive and approve the same ; therefore according to the earnest recommendation of that venerable assembly of this kirk now thinks it most necessary for the good ends afore-said , that it be sent into that kingdome with all diligence , that being received and approved by their brethren there , the same may be with all religious solemnities swerne and subscribed by all true professours of the reformed religion , and all his majesties good subjects in both kingdomes . extract . arch. primrose , cler. conven. some commissioners also , were sent from the generall assembly of the church of scotland , with instructions for furthering the covenant and the intended union of the churches of both kingdoms . this covenant being presented to the honourable house of commons , and considered by them in the severall branches and articles thereof , was recommended to a committee to be chosen of their own members , and sorne of the divines of the assembly , together with the commissioners sent from scotland , to the intent that some expressions might be farther explained , and that the kingdome of ireland also might bee expresly taken into the same league and covenant with us : which being done with great care and diligence by those committees and commissioners , it was then read in the assembly of divines , and afterwards in the house of commons , and received a most full and universall assent from the members of both , nemine contradicente . this form of covenant was presented also to the house of lords , by whom likewise it was taken into consideration , and approved of , as fit to be entred into by the three kingdomes . on friday the 22. of september it was concluded by the house , this oath and covenant should be solemnly taken publikely in the church at westminster , called saint margarets church , the monday following , by the house of commons and the assembly of divines : to which purpose an order was sent to the assembly from the house to give them notice thereof ; and that some of the assembly be appointed to pray and to exhort , for the more solemn celebrating of so serious and weighty a service . the assembly appointed mr. philip nye to make the exhortation , mr. iohn white to pray before , and mr. dr. gouge to pray after the exhortation . the house met at the usuall place , and thence went with their speaker to the church ; the assembly also at the same time with their prolocutor . a psalme being sung , solemne prayer was made , after the prayer an exhortation to the honourable house and reverend divines encouraging them to this work as a work of a marvellous high nature and concernment . this being ended , mr. alexander hendersam , one of the commissioners sent from the assembly of the church of scotland , being also desired thereunto , made a speech to the like purpose . then the covenant was read , notice being first given to the assembly , that after the hearing of it , each person should immediately by swearing , worship the great name of god , and testifie so much outwardly by lifting up their hands : which was all done very solemnly and with so much joy seen in their countenances , and manifested by clapping of their hands , as was sutable to the gravity of such a worke , and the sadnesse of the present times . both assemblies having thus sworn , with whom the commissioners from scotland joyned , the speaker with the members of the house of commons , went up into the chancell , and there subscribed their names in a roll of parchment provided for that purpose , in which this covenant was fairly written , and afterward the prolocutor , the commissioners from scotland , and the members of the assembly of divines did the like in another roll , which being finished , the name of god was again solemnly invocated , and praises returned for vouchsafing this church and kingdome so happy and joyfull a day ; a psalme was sung , and then the assembly dismissed . an exhortation made to the honourable house of commons and reverend divines of the assembly , by mr. nye before he read the covenant . a great and solemn work ( honourable and reverend ) this day is put into our hands , let us stir up and awaken our hearts unto it . we deale with god as well as with men , and with god in his greatnesse and excellencie , for by him we sweare , and at the same time we have to doe with god and his goodnesse , who now reacheth out unto us a strong and seasonable arme of assistance . the goodnesse of god procuring succour and help to a sinfull and afflicted people ( such are we ) ought to be matter of feare and trembling even to all that heare of it , ier. 33. 9. we are to exalt and acknowledge him this day who is fearefull in praises , sweare by that name which is holy and reverent , enter into a covenant and league that is never to bee forgotten by us nor our posterity , and the fruit i hope of it shall be so great , as both we and they shall have cause to remember it with joy ; and such an oath as for matter , persons , and other circumstances , the like hath not been in any age or oath we read of in sacred or humane stories , yet sufficiently warranted in both . the parties ingaging in this league are three kingdoms , famous for the knowledge , and acknowledgement of christ above all the kingdoms in the world ; to swear before such a presence , should mould the spirit of man into a great deale of reverence ; what then to be engaged , to be incorporated , and that by sacred oath , with such an high and honourable fraternity ? an oath is to be esteemed so much the more solemn , by how much greater the persons are that sweare each to other : as in heaven when god sweares to his son , on earth when kings sweare each to other ; so in this businesse , where kingdomes sweare mutually . and as the solemnity of an oath is to bee measured by the persons swearing , so by the matter also that is to be sworne to ; god would not sweare to the covenant of works , he intended not to honour it so much , it was not to continue , it was not worthy of an oath of his ; but to the covenant of grace , which is the gospel , he swears and repents not of it . god sweares for the salvation of men , and of kingdoms : and if kingdoms sweare , what subject of an oath becommeth them better then the preservation and salvation of kingdomes , by establishing the kingdome of a saviour amongst them , even our lord and saviour jesus christ , who is a mediator and saviour for nations as well as particular persons ? the end also is great and honourable , as either of the former , two is better then one , saith he who best knoweth what is best ; and from whom alone every thing hath the goodnesse it hath . association is of divine off-spring ; not only the being of creatures , but the putting of them together : the cluster as well as the grape is the work of god : confort and harmony amongst men , especially amongst saints , is very pleasing unto the lord . if when but two or three agree and assent upon any thing on earth , it shall be confirmed in heaven ; and for this , because they gather together in his name , much more when two or three kingdomes shall meet and consent together in his name and for his name , that god may bee one , and his name one amongst them , and his presence amidst them . that prayer of christ seemeth to proceed from a feeling sense of his own blessednesse ; father , that they may be one , as thou in me , &c. unity amongst his churches and children must needs therefore be very acceptable unto him : for out of the more deep sense desires are fetcht from within us , the more pleasing will be the answer of them unto us . churches and kingdomes are deare to god , his patience towards them , his compassions over them , more then particular persons , sheweth it plainly . but kingdoms willingly engaging themselves for his kingdome , his christ , his saints , the purity of religion , his worship , and government , in all particulars , and in all humility , sitting down at his feet to receive the law and the rule from his mouth ; what a price doth hee set upon such ? especially when ( as we this day ) sensible of our infirmity , of an unfaithfull heart not steddy with our god , but apt to start from the cause , if we feele the knife or the fire ; who binde our selves with cords , as a sacrifice to the hornes of the altar . we invocare the name of the great god , that his vowes , yea his curse may be upon us , if we doe not this ; yea though we suffer for so doing : that is , if we endeavour not so farre as the lord shall assist us by his grace , to advance the kingdom of the lord jesus christ here upon earth , and make jerusalem once more the praise of the whole world , notwithstanding all the contradictions of men . what is this but the contents and matter of our oath ? what doe we covenant ? what doe we vow ? is it not the preservation of religion , where it is reformed , and the reformation of religion , where it needs ? is it not the reformation of three kingdomes , and a reformatiom universall , doctrine , discipline , and worship , in whatsoever the word shall discover unto us ? to practise , is a fruit of love ; to reforme , a fruit of zeale ; but so to reforme , will be a token of great prudence , and circumspection in each of these churches . and all this to be done according to gods word , the best rule , and according to the best reformed churches , the best interpreters of this rule . if england hath obtained to any greater perfection in so handling the word of righteousnesse , and truths , that are according to godlinesse , as to make men more godly , more righteous : and if in the churches of scotland any more light and beauty in matters of order and discipline , by which their assemblies are more orderly : or if to any other church or person it hath beene given better to have learned christ in any of his wayes then any of us ; wee shall humbly bow , and kisse their lips that can speak right words unto us in this matter , and help us into the nearest uniformity with the word and minde of christ in this great work of reformation . honourable and reverend brethren , there cannot be a more direct and effectuall way to exhort and perswade the wise , and men of sad and serious spirits ( and such are you to whom i am commanded to speak this day ) then to let into their understandings the weight , and worth , and great importance of the work they are perswaded unto . this oath is such , and in the matter and consequence of it , of such concernment , as i can truly say , it is worthy of us , yea of all these kingdomes , yea of all the kingdoms of the world ; for it is swearing fealty and allegeance unto christ the king of kings ; and a giving up of all these kingdomes , which are his inheritance , to be subdued more to his throne , and ruled more by his scepter , upon whose shoulders the government is laid , and in the encrease of whose government and peace there shall be no end , esa. 9. yea , we finde this very thing in the utmost accomplishment of it , to have been the oath of the greatest angel that ever was , who setting his feet upon two of gods kingdomes , the one upon the sea , the other upon the earth , lifting up his hand to heaven , as you are to doe this day , and so swearing , rev. 10. the effect of that oath you shall find to bethis , that the kingdoms of the world become the kingdomes of the lord and his christ , and he shall reigne for ever , rev. 11. his oath was for the full and finall accomplishment , this of yours for a graduall , yet a great performance towards it . that which the apostles and primitive times did so much and so long pray for , though never long with much quietnesse enioyed , that which our fathers in these latter times have fasted , prayed and mourned after , yet attained not ; even the cause which many deare saints now with god , have furthered by extreamest sufferings , poverty , imprisonment , banishment , death , even ever since the first dawning of reformation : that and the very same is the very cause and work that we are come now , through the mercy of jesus christ , not only to pray for , but sweare to . and surely it can be no other , but the result and answer of such prayers and teares of such sincerity and sufferings , that three kingdoms should be thus born , or rather new born in a day ; that these kingdoms should be wrought about to so great an engagement , then which nothing is higher , for to this end kings raign , kingdomes stand , and states are upheld . it is a speciall grace and favour of god unto you brethren , reverend and honourable , to vouchsafe you the opportunity , and to put into your hearts ( as this day ) to engage your lives and estates in matters so much concerning him and his glory . and if you should doe no more but lay a foundation stone in this great work , and by so doing engage posteritie after you to finish it , it were honour enough : but there may yet further use be made of you , who now are to take this oath , you are designed as chiefe master builders and choyce instruments for the effecting of this settled peace and reformation ; which if the lord shall please to finish in your hands , a greater happinesse on earth , nor a greater means to augment your glory and crown in heaven , you are not capable of . and this let me further adde for your encouragement , of what extensive good and fruit in the successe of it , this very oath may prove to be , wee know not . god hath set his covenant like the heavens , not onely for duration , but like also for extension : the heavens move and roule about , and so communicate their light , and heat , and vertue , to all places and parts of the earth ; so doth the covenant of god , so may this gift be given to other covenants that are framed to that pattern . how much this solémn league and oath may provoke other reformed churches to a further reformation of themselves ; what light and heat it may communicate abroad to other parts of the world , it is only in him to define to whom is given the utmost ends of the earth for his inheritance , and worketh by his exceeding great power great things out of as small beginnings . but however , this i am sure of , it is a way in all probability most likely to enable us to preserve and defend our religion against our common enemies , and possible a more sure foundation this day will be laid for ruining popery and prelacy , the chiefe of them , then as yet wee have been led unto in any age . for popery , it hath beene a religion ever dexterous in fencing and muniting it selfe by association and joynt strength ; all sorts of professors amongst them are cast into fraternities and brother-hoods , and these orders carefully united by vow one with another and under some more generall notion of common dependency . such states also and kingdoms as they have thus made theirs ; they endeavour to improve and secure by strict combinations and leagues each to other , witnesse of late yeares that la sainte ligue , the holy league . it will not bee unworthy your consideration , whether seeing the preservation of popery hath beene by leagues and covenants , god may not make a league or covenant to be the destruction of it ▪ nay , the very rise of popery seemeth to be after such a manner by kings , that is , kingdomes assenting and agreeing perhaps by some joynt covenant ( the text saith , with one minde , why not then with one mouth ? ) to give their power and strength unto the beast , and make war against the lamb , rev. 17. where you read the lamb shall overcome the beast , and possibly with the same weapons , he is the lord of lords , and king of kings , he can unite kings and kingdomes , and give them one minde also to destroy the whore and be her utter ruine ; and may not this dayes work be a happy beginning of such a blessed expedition ? prelacie another common enemy , that we covenant and sweare against , what hath it been , or what hath the strength of it been , but a subtile combination of clergy-men formed into a policy or body of their own invention framing themselves into subordination and dependencie one upon another , so that the interest of each is improved by all , and a great power by this meanes acquired to themselves ; as by sad experience we have lately found : the joynts and members of this body , you know were knit together by the sacred engagement of an oath , the oath of canonicall obedience as they called it : you remember also with what cunning and industrie they endeavoured lately to make this oath and covenant more sure for themselves and their posterity ▪ and intended a more publike , solemn and universall engagement , then since popery this cause of theirs was ever maintained or supported by . and questionlesse ▪ ireland and scotland also must at last have been brought into this holy league with england . but blessed be the lord , and blessed be his good ●and the parliament , that from the indignation of their spirits against so horrid a yoke , have dashed out the very braines of this project ; and are now this day present before the lord to take and give possession of this blessed ordinance , even an oath and covenant as solemn and of as large extent as they intended theirs ; uniting these three kingdoms into such a league and happy combination as will doubtlesse preserve us and our reformation against them , though their iniquity in the mysteries of it should still be working amongst us . come therefore ( i speak in the words of the prophet ) let us joyne our selves to the lord , and one to another , and each to all , in a perpetuall covenant that shall not be forgotten . we are now entring upon a work of the greatest moment and concernment , to us and to our posteritie after us , that ever was undertaken by any of us , or any of our fore-fathers before us , or neighbouring nations about us ; if the lord shall blesse this our beginning , it will be a happie day , and we shall be a happy people . an oath is a duty of the first commandment , and therefore of the highest and noblest order and rank of duties ; therefore must come forth attended with choycest graces ; especially with these two , humility , and feare . feare , not onely of god , which ought to be in an eminent measure , gen. 31. 53. iacob sware by the feare of his father isaac , as if he covered to inherit his fathers grace , as well as his fathers god : but also feare of an oath , it being a dreadfull duty , and hath this peculiar , it s established by the oath of god , i have sworne that unto me every tongue shall sweare , isa. 45. 23. it s made the very character of a saint , he feares an oath , eccles. 9. 2. humility is another grace requisite , set your hearts before god in an humble obedient frame , deut. 6. thou shalt feare the lord thy god , and serve him , and sweare by his name . the apostle paul was sensible of this engagement , even in the very act of this duty , rom. 1. 9. i call god to witnesse , whom i serve in my spirit ; although it be a work of the lips , yet the heart and whole man must be interessed if we expect this worship to be acceptable , psal. 119. 108. accept the free-will offering of my mouth , and teach me thy judgements . also it must be done in the greatest simplicity and plainness of spirit , in respect of those with whom we covenant ; we call god as a witnesse betwixt us who searcheth the heart : with him is wisedome and strength , the deceived and deceiver is his , iob , 12. 19. he hath wisedome to discover , and strength to punish , if our hearts be not upright to our brethren in this matter . let us be contented with this , that the words of our covenant bee hands ; it may not be so much as in the desire of our hearts , that they should become snares , no not to the weakest and simplest person that joyneth with us . in the whole worke make your addresse unto god , as iacob did to his father isaac , and let there bee the like feare and jealousie over your spirits , gen. 27. 12. my father peradventure will feel me , and i shall seeme to him as a deceiver , and i shall bring a curse upon me , and not a blessing . i take liberty with more earnestnesse to presse this care upon you , because i have observed oathes and covenants have been undertaken by us formerly , and by the command of authority , the fruit wherof , though great , yet not answered our expectation , the lord surely hath beene displeased with the slightnesse of our hearts in the worke . i beseech you be more watchfull , and stirre up your hearts with more industry this day then ever before : as it is the last oath you are likely to take in this kinde , so is it our last refuge , tabula post nat●fragium : if this help us not , we are likely to remaine to our dying day an unhappy people , but if otherwise , you will indeed sweare with all your hearts , and seeke the lord with your whole desire , god will be found , and give you rest round about , 2 chor. 15. 15. and having sworn , and entred into this solemn engagement to god and man , make conscience to doe accordingly , otherwise it is better thou shouldest not vow , eccles. 5. as is said of fasting , it is not the bowing down of the head for a day , so of this solemn swearing , it is not the lifting up of the hand for a day ; but an honest and faithfull endeavouring after the contents of this covenant all our dayes ; a truce-breaker is reckoned up amongst the vilest of christians , 2 tim. 3. 3. so a covenant-breaker is listed amongst the worst of heathens , rom. 1. 31. but he that sweareth and changeth not , though he sweare to his hurt , that is , he that will keep his covenant and oath though the contents of it prove not for him , nay possibly against him , yet he will keep it for his oaths sake ; such a one shall have his habitation with the most high and dwell in his tabernacle , psal. 15. and as for you reverend brethren , that are ministers of the gospel , there is yet another obligation will lie upon you ; let us look to our selves , and make provision to walk answerable to this our covenant for the gospels sake ; it will reflect a great aspersion upon the truth of the gospel , if we should be false or unconstant in any word or purpose , though in a matter of lesse consequence , as you can easily collect from that apology of paul , 2 cor. 1. 17 , 18. how much more in such a case as this is , if we should be found to purpose , nay more , to vow , and covenant , and sweare , and all this according unto the flesh , and with us there should be , notwithstanding all these obligations , yea yea , and nay nay ? that we may all who take the covenant this day , be constant , immoveable , and abound in this work of the lord , that we may not start aside , or give back , or goe on uncomfortably , there is a twofold grace or qualification to be laboured after . 1. we must get courage , spirits that are bold and resolute . it is said in haggai , that the lord stirred up the spirit of zerubbabel governour of iudah , and the spirit of ioshua the high priest , and the spirit of all the remnant of the people , and they came , and did work in the house of the lord , the work of gods house : reformation-work especially , is a stirring work : read stories , you find not anywhere , reformation made in any age , either in doctrine or discipline , without great stirre and opposition . this was foretold by the same prophet , cap. 2. vers. 7. the promise is , he will fill his house with glory ; but what goeth before ? vers. 6. yet once it is a little while and i will shake the heavens , and the earth , and the sea , and the dry land ; that is , all nations , as in the words following . this place is applied heb. 12. to the removing jewish rites , the moveables of gods house . the like you finde in the apostles times , acts 17. the truth being preached ; some beleeved , others did not ; here beginneth the stirre , vers. 6. those that beleeved not , took unto themselves certaine lewd fellowes of the baser sort , and gathered a company , and set all the city in an uproare : and when they had done so , complained of the brethren to the rulers , as men that turne the world upside downe , ver. 6. read also acts 21. 27 , 30 , 31. in such a work therefore men had need be of stout , resolute , and composed spirits , that we may be able to goe on in the maine , and stirre in the middest of such stirres , and not be amused at any such doings . it may possibly happen , that even amongst your selves there will be out-cries ; sir , you will undoe all , saith one ; you will put all into confusion saith another ; if you take this course , saith a third , we can expect nothing but blood : but a wise states-man , like an experienced sea-man , knoweth the compasse of his vessell , and though it heave and rosse , and the passengers cry out about him , yet in the middest of all ▪ he is himselfe , turneth not aside from his work , but steereth on his course . i beseech you let it be seriously considered , if you meane to doe any such work in the house of god as this is ; if you meane to pluck up what many yeares agoe was planted , or to build up what so long agoe was pulled downe , and to goe thorough with this work , and not be discouraged , you must begge of the lord this excellent spirit , this resolute stirring spirit , otherwise you will be out-spirited , and both you and your cause slighted and dishonoured . 2. on the other hand we must labour for humility , prudence , gentlenesse , meeknesse . a man may be very zealous and resolute , and yet very meek and mercifull : jesus christ was a lion , and yet a lambe also ; in one place he telleth them he commeth to send fire on the earth : and in another place rebuketh his disciples for their fiery spirits , luke 9 ▪ 54. there was the like composition in moses , and in paul , and it is of great use , especially in this work of reformation . i have not observed any disputes carried on with more bitternesse in mens writings , and with a more unsanctified heat of spirit , yea and by godly men too , then in controversies about discipline , church government , ceremonies , and the like . surely to argue about government with such ungoverned passions , to argue for reformation with a spirit so unreformed , is very uncomely . let us be zealous , as christ was , to cast our all , to extirpate and root out every plant his heavenly father hath not planted ; and yet let us doe it in as orderly way , and with the spirit of christ , whose servants we are . the servant of the lord must not strive , but be gentle to all men , apt to teach , patient , in meeknesse instructing those that oppose , 2 tim. 2. 24 , 25. we solemnly engage this day our utmost endeavours for reformation ; let us remember this , that too much heat , as well as too much coldnesse , may harden men in their wayes , and hinder reformation . brethren , let us come to this blessed work , with such a frame of heart , with such a minde for the present , with such resolutions for the time to come ; let us not bee wanting to the opportunitie god hath put into our hands this day ; and then i can promise you , as the prophet , consider this day and upwards , even from this day , that the foundation of the lords work is laid , consider it , from this day will i blesse you , saith the lord : nay , wee have received as it were the first fruits of this promise , for as it 's said of some mens good works , they are manifest before hand , 1 tim. 5. even so may be said of the good work of this day , it 's manifest before hand , god hath as it were before hand testified his acceptance ; while wee were thinking and purposing this free will offering ; he was protecting and defending our armie ; causing our enemies the enemies of this work to flie before us , and gave us a victory , not to be despised . surely this oath and covenant shall bee iudahs joy , the joy and comfort of this whole kingdome ; yea , of all three kingdoms . jesus christ king of the saints govern us by his spirit , strengthen us by his power , undertake for us according as hee hath sworn , even the oath which hee sware to our father abraham , that hee would grant unto us , that we being delivered out of the hands of our enemies , might serve him without feare in holinesse and righteousnesse before him all the dayes of our life , luke 1. grant unto us also , that when this life is finished , and we gathered to our fathers , there may be a generation out of our loynes to stand up in this cause , that his great and reverent name may be exalted from one generation to another , untill he himself shall come , and perfect all with his own hand by his own wisdom ; even so come lord jesus , come quickly , amen . a speech delivered by mr alexander hendersam , immediately before the taking of the covenant by the house of commons , and assembly of divines . although the time be farre spent , yet am i bold ( honourable , reverend , and beloved in the lord ) to crave your patience a little ; it were both sinne and shame to us in this so acceptable a time , in this day , which the lord hath made , to be silent and to say nothing : if we should hold our peace , wee could neither be answerable to god , whose cause and work is in hand ; nor to this church and kingdome , unto which we have made so large profession of duty , and owe much more ; nor to our native kingdom , so abundant in affection toward you ; nor to our own hearts , which exceedingly rejoyce to see this day : we have greater reason then the leprous men sitting in a time of great extremity at the gate of samaria , to say one to another , we doe not well , this day is a day of good tidings , and we hold our peace ? it is true the syrians are not yet fled ; but our hope is through god , that the work begun this day , being sincerely performed and faithfully pursued ; shall put to flight , not only the syrians and babylonians , but all other enemies of the church of god ; of the kings honour , and of our liberty and peace . for it is acceptable to god and wel-pleasing in his sight , when his people come willingly in the day of his power ( and how shall they not be willing in the day of his power ? ) to enter a religious covenant , with him , and amongst themselves . whatsoever be the condition of the people of god , whether in sorrow and humiliation before deliverance ; or in rejoycing and thanksgiving after deliverance ; this is it , which the lord waits for at their hands , which they have been used to performe , and with which he hath been so well pleased , that it hath been the fountaine of many deliverances and blessings unto them . when a people beginneth to forget god , hee lifteth up his hand against them and siniteth them : and when his people , humbled before him , lift up their hands , not only in supplication , but in covenant before the most high god ; he is pleased ( such is his mercy and wonderfull compassion ) first , to lift his hand unto them , saying , i am the lord your god ; as we have it three times in two verses of the 20th of ezekiel ; and next he stretcheth out his hand against his enemies and theirs . it is the best work of faith , to joyn in covenant with god ; the best work of love and christian communion , to joyn in covenant with the people of god ; the best work of the best zeale , to joyne in covenant for reformation , against the enemies of god and religion ; the best work of true loyalty , to joyn in covenant for the preservation of our king and superiours ; and the best proofe of naturall affection ( and to bee without naturall affection , is one of the great sinnes of the gentiles ) to joyn in covenant for defence of our native countrey , liberties , and lawes ; such as for these necessary ends doe withdraw and are not willing to enter into covenant , have reason to enter into their own hearts , and to look into their faith , love , zeale , loyalty , and naturall affection . as it is acceptable to god , so have we for it the precedent and example , not onely of the people of god of old , of the reformed churches of germany , and the low-countreys ; but of our own noble and christian progenitors in the time of the danger of religion , which is expressed in the covenant it selfe . the defect was ; they went not on throughly to enter in a solemn covenant ; an happinesse reserved for this time : which had they done , the corruptions and calamities of these dayes might have been prevented : and if the lord shall be pleased to move , loose , and enlarge the hearts of his people in his majesties dominions to take this covenant , not in simulation , nor in luke-warmnesse , as those that are almost perswaded to be christians , but as becommeth the people of god , it shall be the prevention of many evils and miseries , and a meane of many and rich blessings , spirituall and temporall , to our selves , our litle ones , and the posterity that shall come after us for many generations . the neere and neighbouring example of the church and kingdome of scotland , is in this case worthy of our best observation : when the prelats there , were grown by their rents , and lordly dignities , by their exorbitant power over all sorts of his majesties subjects , ministers and others , by their places in parliament , councell , colledge of justice , exchequer , and high commission , to a monstrous dominion and greatnesse , and like gyants , setting their one foot on the neck of the church , and the other on the neck of the state , were become intolerably insolent ; and when the people of god through their oppression in religion , liberties , and lawes , and what was dearest unto them , were brought so low , that they chused rather to die , then to live in such slavery , or to live in any other place , rather then in their own native countrey ; then did the lord say , i have seene , i have seene the affliction of my people , and i have heard their groaning , and am come down to deliver them . the beginnings were small , and contemptible in the eyes of the presumptuous enemies , such as use to be the beginnings of the greatest works of god ; but were so seconded and continually followed by the undeniable evidences of divine providence , leading them forward from one step to another , that their mountaine became strong in the end . no tongue can tell what motions filled the hearts , what teares were poured forth from the eyes , and what cryes came from the mouthes of many thousands in that land , when they found an unwonted flame warming their breasts , and perceived the power of god raising them from the dead , and creating for them a new world , wherein should dwell religion and righteousnesse . when they were destitute both of moneys and munition , which next unto the spirits and armes of men , are the sinewes of warre , the lord brought them forth out of his hid treasures ; which was wonderfull in their eyes , and matter of astonishment to their hearts : when they were many times at a pause in their deliberations , and brought to such perplexity , that they knew not what to chuse or to do , for prosecuting the work of god , only their eyes were toward him ; not only the feares and furies , but the plots also and policies of the adversaries , opened the way unto them , their devices were turned upon their own heads , and served for the promoting of the work of god . the puritie of their intentions elevated above base and earthly respects , and the constant peace of their hearts in the midst of many dangers , did beare them out against the malitious accusations and aspersions put upon their actions ; all which were sensible impressions of the good providence of god , and legible characters of his work : which as the church and kingdom of england exercised at this time with greater difficulties then theirs , have in part already found , so shall the parallel be perfected to their greater comfort in the faithfull pursuing of the work unto the end . necessitie , which hath in it a kinde of soveraignty , and is a law above all lawes , and therefore is said to have no law ; doth mightily presse the church and kingdom of se●tland at this time . it is no small comfort unto them that they have not been idle and at ease , but have used all good and lawfull meanes of supplications , declarations , and remonstrances to his majestie , for quenching the combustion in this kingdome : and after all these , that they sent commissioners to his majestie , humbly to mediate for a reconcilement and pacification ; but the offer of their humble service was rejected , from no other reason , but that they had no warrant nor capacity for such a mediation ; and that the intermixture of the government of the church of england with the civill government of the kingdom , was such a mystery as could not be understood by them . although it be true , which was at that time often replyed , that the eighth demand of the treatie , and the answer given thereunto concerning the uniformity of religion , was a sufficient ground of capacitie ; and the proceedings of the houses of parliament against episcopall government , as a stumbling block hindering reformation , and as a prejudice to the civill state , was ground enough for their information . the commissioners having returned from his majesty without successe , and the miseries of ireland , the distresses of england , and the dangers and pressures of the kingdom of scotland , growing to greater extremity ; such as were intrusted with the publike affaires of the kingdom were necessitate according to the practise of former times ( his majestie having denied a parliament ) to call a convention of the estates for considering of the present affaires , and for providing the best remedies : which immediately upon their meeting by the speciall providence of god , did receive information of divers treacherous attempts of papists in all the three kingdoms , as if they had been called for that effect : and by the same providence , commissioners were sent from both houses of parliament to consider with the estates of the kingdom of scotland , of such articles and propositions as might make the conjunction betwixt the two nations more beneficiall and effectuall for the securing of religion & liberty against papists & prelats with their adherents . their consultations with the commissioners of the generall assembly , did in the end bring forth this covenant , as the only meane after all other have beene assayed , for the deliverance of england and ireland out of the deeps of affliction , preservation of the church and kingdom of scotland from the extremity of misery , and the safety of our native king and his kingdoms from destruction and desolation . this is the manifold necessity which nature , religion , loyalty , and love hath laid upon them . nor is it unknown in this honourable , reverend , and wise audience , what errors , and heresies in doctrine ; what superstition and idolatry in worship , what usurpation and tyranny in government , what cruelty against the soules and bodies of the saints have been set on foot , exercised , and executed for many generations , and now of late , by the roman church ; all which wee hope through the blessing of god upon this work , shall be brought to an end . had the pope at rome the knowledge of what is doing this day in england , and were this covenant written on the plaster of the wall over against him , where he sitteth belshazzar-like in his sacriligious pomp , it would make his heart to tremble , his countenance to change , his head and miter to shake , his joynts to loose , and all his cardinals and prelates to be astonied . when the reformed churches , which by their letters have been exciting us to christian communion and sympathy in this time of the danger of religion and distresse of the godly , shall heare of this blessed conjunction for uniformity in religion according to the word of god and the defence thereof ; it shall quicken their hearts against the heavinesse of oppressing sorrows and feares ; and bee no other than a beginning of a jubilee and joyfull deliverance unto them , from the antichristian yoke and tyranny . vpon these and the like considerations wee are very confident , that the church and kingdom of scotland will most cheerefully joyne in this covenant , at the first motion whereof , their 〈◊〉 were moved within them ▪ and to give testimony of this our confidence , we who are commissioners from the generall assembly , although we have no particular and expresse commission for that ●nd , ( not from ●a●t of willingnesse , but of a fore-sight ) offer to joy● our hearts and hands unto it , being a stored that the lord in his own time will against all opposition even against the gates of hell ▪ crown it with a blessing from heaven . the word of god is for it , as you have been 〈…〉 〈…〉 by the consent and testimonie of a reverend assembly ●● so many godly , learned , and grav 〈…〉 divines . in your own sense and experience you will finde , that although , while you are assaulted or exercised with worldly cares and fears , your thoughts may somwhat trouble & direct you ; yet at other times , when upon seeking of god in private or publike , as in the evening of a well spent sabbath , or day of fast and humiliation , your disposition is more spirituall , and leaving the world behinde you , you have found accesse unto god through jesus christ , the bent and inclinations of your hearts will be strongest to go through with this work . it is a good testimony that our designes and wayes are agreeable to the will of god , if we affect them most when our hearts are furthest from the world , and our temper is most spirituall and heavenly , and least carnall and earthly . as the word of god , so the prayers of the people of god in all the reformed churches are for us , and on our side : it were more terrible then an armie to heare that there were any servent supplications to god against us ; blasphemies , curses , and horrid imprecations there be , proceeding from another spirit , and that is all . that divine providence also which hath maintained this cause and supported his servants in a marvellous manner unto this day , and which this time past hath kept things in an equall ballance and vicissitude of successe , will we trust from this day forth , through the weight of this covenant , cast the ballance , and make religion and righteousnesse to prevaile , to the glory of god , the honour of our king , the confusion of our common enemies , and the comfort and safety of the people of god : which he grant , who is able to doe above anything that we can ask or think . finis . essex's excellency, or, the gallantry of the freeholders of that country being a short account of the brave british behaviour of those worthy freeholders, in the choice of their knights to serve in the next parliament : together with the truly noble lord gray his speech at the close of their choice / published by an eye-witness of their most noble courage for the example of their neighbouring counties. eye-witness of their most noble courage for the example of their neighbouring counties. 1679 approx. 30 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase 1, no. a38666) transcribed from: (early english books online ; image set 96467) images scanned from microfilm: (early english books, 1641-1700 ; 737:20) essex's excellency, or, the gallantry of the freeholders of that country being a short account of the brave british behaviour of those worthy freeholders, in the choice of their knights to serve in the next parliament : together with the truly noble lord gray his speech at the close of their choice / published by an eye-witness of their most noble courage for the example of their neighbouring counties. eye-witness of their most noble courage for the example of their neighbouring counties. 8 p. s.n., [london : 1679] caption title. reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament -elections. elections -england -essex. essex (england) -politics and government. 2006-11 tcp assigned for keying and markup 2006-11 apex covantage keyed and coded from proquest page images 2007-01 celeste ng sampled and proofread 2007-01 celeste ng text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion essex's excellency : or the gallantry of the freeholders of that county . being a short account of the brave british behaviour of those worthy freeholders , in the choice of their knights to serve in the next parliament . together with the truly noble lord gray his speech at the close of their choice . published by an eye-witness of their most noble courage for the example of their neighbouring counties . as long parliaments have been heretofore the great mischief & ruin of the free-born english man's liberty , which this nation in general began to he very sensible of , by the abundant evils that had like to have befallen the good people of england , even almost to the overthrow of all propriety and priviledges , as well as religion , which the all-wise god , out of pity to this nation , hath how at last put an end unto , by an unexpected hand of providence : so did there lately seem to threaten as great an evil by burdening the counties with the choice of too frequent parliaments ; and the cause of this fear did not arise in the hearts of wise men without some cause ; for drinking and revelling , being grown into both fashion and custom in many places of this kingdom , both burroughs and counties , as necessary qualifications to make a wise representative , gentlemen indeed , those that are really such in their sober deportment and carriage , began to grow weary ; though they could not but see , that nothing but utter destruction must at last most certainly swallow up both them and their posterity , in some short time , in case persons were chosen ; as only obtained their elections by drinking and feasting the country . for wise men well know that such excessive charges was so unreasonable a thing to be born by any honest person , that hath no other end than his countries good , that it could not but be imagined long since that those persons that got such their elections by those waies and means , had another end in it , and designed repayment again in a private and unjust way out of the peoples pockets , by selling their votes at a dear rate for the raising of money , and in other matters of great moment . nay , some persons , and not a few , to the eternal infamy of both them that paid , and them that received such wages of unrighteousness , were grown to that excess after they were sent up members to the late long parliament , that they received yearly more money for selling their country , than it cost them to be so elected ; so that at last to be once got a parliament man , was grown a sure way both of profit and honour , though purchased out of the poor peoples hearts blood ; for those men to have good places , or large pensions , would and did as easily part with their countries liberty , and the peoples freedom and right , as well as their money ; and , which may easily appear , if we consider their domineering over their equals , and despising law , and longing for seats in the late long parliament , to be continued to them and their heirs for ever . but not to trouble you further with their ill proceedings at this time , since we have yet room for hopes that we shall have once more an english parliament that will look into such miscarriages , and give a due reward to such offenders in the late long parliament , who either for places or pensions , sold their votes and their country at a cheaper rate than esau did his birth-right . but as to the gallantry and nobleness of divers of the gentry of essex , as well as the whole body of the freeholders , there take this short narrative ; the writ being directed for the choice of two knights for the shire , tuesday last , the 12th . of this inslant august was appointed the day , being the first county-court ; and whereas sir eliab harvey , and collonel mildmay were former members in the last good parliament . collonel mildmay did sometime before the day of election intimate to sir eliab harvey his intentions to stand to be one of the knights of the shire ; and that as they had been both chosen before , he believed the country would now do the like freely ; but though the collonels interest in the county was looked upon by all to be that which brought them both to be so easily elected before ; yet sir eliab ( as is believed ) trusting either to his own interest , or the interest of the duke of albemarle . and some other of the gentry . did absolutely refuse to joyn himself with collonel mildmay ; but on the contrary , was resolved to sland alone , that now his interest with the duke , and some of the gentry , and sir thomas middleton , was sufficient not only to be chosen knights of the shire himself ; but a●so wholly to lay aside and disappoint the collonel of his intentions ; and in effect under hand to oppose his election , which was thought to be more easily done , because the collonel , like the old english-man , was resolved not to be at any cost or charges in the obtaining his election , thinking , as indeed it is a burden sufficient to serve their country as their member , and not vainly to throw away his estate , as well as his labour to be their servant too ; for that his noble spirit well knew , that he that served his country faithfully , deserved the thanks of his country , without spending his estate to be chosen : but some were not idle all this time , since the dissolution of the last parliament , to reproach , vilifie and abuse that worthy person , collonel mildmay ; yet the summe of all their malice could reach no higher , after all , but to reproach him for a phanatick , a name too common in the mouths of our half protestants , and so little understood by them ; but too too grateful to the papists , by which they have most maliciously branded every sober person in england with that name ; nay , a man can hardly pass through the streets with sobriety in his face , but he is branded for a phanatick ; and by some that would make us believe they are protestants themselves ; but if phanatick does denote a mad man , as i have understood it alwaies did , till within the compass of twenty years last past , then i am sure it is as false an aspersion cast on that worthy person , as that was which was cast upon the apostles , that they were mad-men for preaching the resurrection from the dead , and judgment day to come ; but let such , whoever they are , know , it is a thousand times more honourable to be called by them phanaticks than good christians , a thing i fear they are very little acquainted with more than the name : but there we leave them where they most delight , and proceed to tell you , that some of the tribe of levi both before and at this election were very zealous , against this worrthy person coll. mildmay ; for one of them standing by a papist , that voted against the collonel , cryed , well done , he did not doubt but that they should agree well enough in the main , though not in all points . some sent their paper-pellet to all their neighbourhood , and especially to their own club of the long robe , and did incourage and threaten them upon their obedience to their diocessian , that they should not fail , but make all the interest possibly they could , that collonel mildmay might not be chosen , but all hands for sir thomas middleton , whom they knew would never fail their cause , nor their church , which was all those gallions cared for , no matter what became of their country ; it was the liberties and sauciness of the lay-men they hated ; and they must be brought into blind obedience to them , and pin their faith on their sleeves , or else all was undone , and the king and country lost ; this was their cry and exhortation ; and my lord duke supposing his interest in the country to be made greater by slanding up against collonel mildmay , with all his power and might , both in his person and friends , engages all against the collonel , and musters up all to come and give their vote for middleton against mildmay . but the day being come , the roads were every where filled round chelmsford with vast numbers of gentry and freeholders , the night before there not being room enough in that town for lodging , and in the morning by seven of the clock coll. mildmay came from his house to the place near the hop-ground , with about 1000 gentlemen and free-holders , where met him my lord shandish with about 1000 more , all on horse back , crying out ▪ a mildmay , a mildmay , with many vollies of acclamations ; presently after the ever noble and renowned lord gray met the collonel in a most sumptuous habit , with his led horses in rich trappings , and about 2000 horse attending him ; then the lord gray with the collonel began to march into the town , where they were met with near 2000 horse more , and so passing through the towm into the field in very good order , with their mouths loudly hollowing for a mildmay only , and crying out . god bless my lord gray , they there rested for about an hour , while they drew up in a posture to be viewed , and being then all got together , was not esteemed less than 6000 men . not long after came into the town sir thomas middleton , with about 150 or 200 horse-men , and my lord duke and sir eliab harvey with about 400 men more , accounting their servants and attendants ; and sir eliab came into the field near to coll. mildmay : but the collonels men being angry that sir eliab should espouse another interest , and not joyn with the collonel , resolved unanimously as one man , that they would only give one voyce for the collonel , and reserve the other for such a person as the collonel should please to nominate to them himself : which being resolved , the collonel with his company drew out of the field to the town-house , and riding several times about it , with an incredible shout for a mildmay , a mildmay , that scarce the like was ever seen at any election ; and the hour being come for the writ to be read , the collonel goes to the town-hall , and being told the high sheriff was ready , made a short speech to the people to this effect . gentlemen and friends , since i see you judge me worthy to serve you as a member in this next parliament , i promise you , according to the best of my understanding , faithfully to discharge that trust you so unanimously intend to repose in me ; and since you judge me a fit person , i hope you may give some credit to my recommendation of another person to joyn with me in that service , which i shall name with your leave , and if you approve of , and judge him worthy also , though he be not here , yet he may soon be sent for to come among you : to which all the people gave a great shout , and cryed , name him , name him ; which then the collonel did , and told them , john lomott honeywood , esq ; a person of a very good estate in this county , was in his judgment a very honest and worthy person , and one that he did verily believe would serve them faithfully : which the people liking , immediately with a great shout cried , send for him , a honeywood , and a mildmay , and none else ; and so the word being given out among the free-holders , and the collonel with them surrounding the market-places two or three times , that the people might be all informed of the second person , every man at last ( which was within the compass of half an hour ) cryed out as much a honeywood as a mildmay ; and mr. honeywood being come up to the company , he and the collonel , with sir eliab harvey , and sir thömas middleton went into court , where the sheriff was ready , and the noble lord gray did the collonel and mr. honeywood the honour to enter into the court with them , to see matters fairly carryed , which otherwise might not have been : the duke of albemarle on the other side , and some of the gentry were pleased to be in court also ; and the writ being read about ten of the clock at the high sheriffs command , who in all the occurrences of the whole action carryed himself like a worthy gentleman , and did endeavour as much as could be to prevent any disorders in the election : the writ being read , and demand being made who they would chuse for their knights of the shire , was immediately answered by the whole people with loud cryes . a mildmay , a mildmay , and no courtier nor pensioner ; and then silence being made again , and demanded who they would have for the other person , they did as unanimously cry out , a honeywood , a honeywood , a good protestant ; and it could hardly be perceived , that any there present of the electors were of an other mind , or took so much as notice of sir eliab harvey , or sir thomas middleton , ( except their servants , and those that came along with the duke , and his attendants ) but notwithstanding the great inequality both in the field and the place of elections , as it is before expressed , yet sir eliab harvey and sir thomas middleton demanded the poll ; and before the beginning of the poll. sir eliab harvey was pleased to tell the people , that coll. mildmay had broke his promise with him ; but in what , was not then understood , otherwise than it was suspected he meant , that coll. mildmay ought not to have joyned with any other person but him , but the collonel giving ear to what was said by him ▪ declared to the people , that he never was in the least guilty of leaving sir eliabs interest , or designing so to doe , or under any promise to joyn with him whatsoever ; for that it was so far from any such thing ▪ that he told him ; sir eliab , i wonder you should charge me thus , when you know the contrary ▪ that i did desire you to stand with me , and to joyn interests together , to save the countrey trouble and charges ; and you absolutely denyed it , and always returned me answer , you must not , nor would not joyn with any : which words of the collonel were attested in the court to be true , by a very worthy gentleman , that averred to his knowledge , the collonel had ●ought to sir eliab , and was absolutely denyed . these words passing ▪ the poll was begun , and each person that stood had his clark to take the poll , which began about eleven a clock that day , where was such excessive thronging of the free-holders , being eager to be polled ; that the court was fain to adjourn several times that day to ease themselves ; the tumult being great , and the countreymen fearing some trick might be put upon them , would not leave the place at no rate , crying out . it was a shame that any gentleman should offer to stand a poll at so vast a disproportion , since the whole countrey was for mildmay and honeywood , and wondred that sir eliab harvey , and sir thomas middleton , and the duke ▪ would oppose the countrey , who was all but as one man ; but sir eliab harvey in reply to coll. mildmay then told the people , that now he did declare he would joyn with sir tho. middleton ; but after a little space , when he was informed that coll. mildmay had never joyned with any man till he came to the place of election , and saw him joyn with sir thomas middleton , then sir eliab harvey very worthily told the people , he would not at all concern himself in joyning with any man whatsoever . and no sooner was the poll begun , but some persons that would be thought both to be gentlemen , and the wisest justices in the county , in opposition , and as it then should seem to warrant no other than to breed a disturbance , first on the bench gave coll. mildmay and his party very reviling language , as pitiful inconsiderable phanaticks , and the like , and such words as only befitted a railing person in his pulpit ▪ or a drunken god-damme , telling them they had none but a company of clowns , and that the collonel had never a gentleman among them , nor any person that was a gentleman would offer to set up such persons to be parliament-men , and the like : which proceedings did enrage the free-holders , and made them cry out , they were better men than themselves ; and all their abuses and tricks could not perswade nor affright them from standing up for their countreys good ; and then told them , none but papists and half-protestants would abuse such men . but those of sir thomas middleton's party , and such especially as polled for him , were not content with giving ill language of the basest sort , but upon the bench did all they could to make disturbances , by violences offered to the collonels person , one of them having the impudence ( who calls himself a knight ) to take him by the hair or the nose , to provoke the collonel to strike , that so there might be a quarrel , so as to make a disturbance and evacuate the election , or at least prolong the poll , which was aimed at on purpose to tire out the countrey-people , it being harvest-time , and also they hoping , that they bearing their own cost and charges , would send them home the sooner ; so that by delaying the poll , they might at last be in some equality with the collonel , and when the collonel well answered that person , and they saw that would not doe , and that the noble lord gray began now to be sensible of their abuses and designs , the next thing they undertook , was to quarrel with the lord gray himself ; but the person that did that being a peer , and the noble lord gray vindicating his honour with that peer , and giving him an answer suitable to a challenge said to be sent him . i shall not further repeat that matter : but when that would not do their work neither , then some of the justices of the peace ( as they pretended themselves ) for the promoting their cause , fell upon the clark that took the poll for coll. mildmay , and a wrathful fellow , to shew his kindness to his friend the duke , and the other persons that stood against the collonel , in his abundant wisdom , justice and manhood , assaulted the said clark , and struck him several times , upon pretence the clark did not doe his duty by standing bare to his worship , though then the court was shut , ( and the sheriff not there , which only made the court ) and committed the person into custody for calling the clergy-men priests ; although he could not but well know , it is a title they all own , and would fain be termed such ; and the clark must be carried to prison , and the books he had taken the poll in must by all means be taken from him , which was indeed thought to be the design of the quarrel , to get the books from him : then a worthy person which did only intimate his mislike of these things , by interposing himself , was abused . but these proceedings , though very prejudicial to the persons that bore them , yet were no advantage to their own party , for the worthy free-holders were the more incensed against them ; and if the wisdom of my lord gray , the sheriff and the collonel , had not been great , these proceedings might have caused great mischiefs ; but the countrey-men were so sensible of the brave courage and gallantry of my lord gray that no sooner was he , the collonel and mr. honeywood leaving the court to go to their lodgings at all times , but they all as one man , attended them with great shouts , crying , god bless my lord gray for standing for the countrey-men ; and then crying out , a mildmay , a honeywood : but when the other party went from the court , there was silence enough . thus the poll continued from tuesday about eleven a clock till about nine on the friday following : where in all that whole time the freeholders zeal was so great . that they never abated of their courage ▪ and like noble english men , worthy eternal honour , lay in town at their own cost and charges , and scorned to put their members to two pence charge ; but divers of them did help and assist one another , and with that willingness and chearfulness , that it is beyond expression , which other counties having so good an example , i hope will take pattern by , and scorn to be treated by the members they chuse , but will bear their own charges , and not discourage honest men , which would serve them , were it not for the excessive charges , as well as burden . these worthy freeholders would often say , that it was the high way to make men pensioners and knaves , to put them to charges to be chosen ; and so constant were these men in their resolutions of chusing those worthy gentlemen , that they would call out to the court oft times when they were so thronged , and almost stifled to death , that they would not be tired out notwithstanding the discouragements they met with sometimes from the court in preferring other persons that came in fresh to be polled before them . and they would often say , if we stay this month we will not be tired out , and other times cryed out most bitterly in the streets against the pensioners in the late long parliament , that had almost sold them for slaves : and at other times when they were told they would lose their corn on the ground if they stayed longer , they made this bold answer , that they would rather trust god with ●●eir corn , than trust the devil to chusetheir parliament-men . for that they did now clearly see that all was at stake , and that they had too long pinn'd their faith on other persons sleeves ; with a multitude of such other hearty expressions , too tedious here to be related . but on friday morning , about seven of the clock , no person almost appearing to poll against the collonel , and proclamation being made three times , that all persons should come in to poll , or else the poll would be shut up ; about eight of the clock all being polled that appeared , the poll was shut , and the court adjourned till one that day , till the books were cast up , which was done by that time , in presence of divers persons appointed by the sheriff to see the same fairly done ; but the duke , with sir thomas middleton , and sir eliab harvey withdrawing from the court after the poll was shut up , it was thought fit to send to them to be present at the casting up of the same ; but sir eliab harvey immediately left the town , and sir thomas middleton did not appear himself , but sent a person to inspect the poll ; but no sooner was the poll closed , but news was brought there were about 500 came to the town on purpose to be polled for collonel mildmay and honeywood , and many hundreds more that day came in for that purpose . it was given out over night that the poll would be continued several daies longer , and so divers persons went home and returned as occasion offered ; but the poll being call up , was found to be one thousand five hundred ninety two for coll mildmay , 1517 for mr honeywood , six hundred sixty nine , for sir eliab harvey , 754 for sir thomas middleton , among which were some persons that were convicted papists , and above 200 of the tribe of levi some of which , to the dishonour of their profession behaved themselves , to say no worse of them , not like sober men , there being so much good liquor in the town , and the generosity of those they took part with , being too much abused by them : but notwithstanding the two knights men ; were nobly kept and entertained , and no manner of entertainment given by the other side ; yet the difference was so great , and would have been as much more , had the poll continued longer ; but the poll continued for the two knights to the last man. but the sheriff returning to the court at the time according to custom , proclaimed collonel mildmay , and mr. honeywood duely elected , and then indentures were sealed in court ; after which the lord gray calling to the freeholders in a very handsom speech to this effect delivered himself . gentlemen , your zeal you have shown for your liberties ; and the countries good at this election , and your gallant carriage and behaviour , is never enough sufficiently to be commended ; and that which more highly commends you , besides the pains you have taken in attending the hardships that have been put on you , is that you have born your own charges of this election your selves , and have not been chargeable to the gentlemen you have chosen , but have wisely considered ; that such as make it a trade to bear the counties charge , and feast them to be chosen , do fetch the same out of the country mens pockets another way , which tends to the ruin of your estates and liberties : and i hope this good president will be imitated by our neighbouring counties ; therefore i shall say no more to you at this time , but wish you still to continue your zeal and courage for the maintaining your liberties , and the protestant religion . at which the freeholders gave a great shout , crying out , god bless your honour , and all good english-men that will stand up for the peoples liberties ; and then the knights in two chairs were carried round the town , and brought to their lodgings with an innumerable company of people shouting and crying . a mildmay and honeywood ; which being done , my lord gray and the sheriff dined at the collonel's chamber , with some other of his friends , and the people attended on horse-back to wait on my lord gray and the collonel , and mr. honeywood out of town , which was done about five of the clock , with near five hundred horse ; but i must not forget to relate one passage which was committed by a person that was against the collonel , and one that call'd himself a gentleman , ) that while my lord gray and the rest were at dinner , a little before they were taking horse to go out of town , a poor country-man going along the streets , by the door where the opposites lodged , and crying out , a mildmay and honeywood , he seeing the country-man's zeal , knock'd him down , and broke the country-man's legg , and afterwards fled to the inn for shelter ; but the country-man's friends acquainted the lord gray and the collonel with the action , they immediately ordered the person that did the fact to be seized , which was done , and he committed to goal , and ordered the poor man to be carefully lookt after ; which ill action ought not to be laid to the charge of any but malicious persons ; and indeed so much of malice did appear by the words and actions of those that polled against the collonel , that a sober man would blush to hear ; and among the rest was given out , that no gentleman , or like a gentleman , would appear on the collonel's side , which was so notoriously false , that by the very . book wherein their names were entered , can testifie there were as many gentlemen of estates , and men of quality appeared for the collonel , as they had , and rather more , except clergy , my lord howard , my lord gray , with sir eliab harvey himself , and divers other lords and gentlemen , making up the numbers of freeholders on the collonel's side . this being the true account , though not drest up in terms of art , or varnished with a florid stile , is hoped will be acceptable to those honest freeholders ; and when other countries shall see the brave courage and wisdom of this county of essex , in the choice of two such worthy men , in spight of all opposition , that they will imitate their pattern , and no more suffer themselves to be feasted , and drunk out of their reason , which is the reason that ill men are too often representatives in parliament , which never designed by their entertainments given to the county , but to be doubly and trebly reimburst out of their electors pockets , which way doth inevitably indanger the loss and liberty of the whole nation in general . and now good country-men , do but consider nothing can so soon enslave you and your posterity , as the choice of ill members in parliament ; for to have your throats cut in the face of law , is a thousand times worse than the the force of arms ; and assure your selves , they are worse than the papists , or at least no better , that would go about to perswade you to submit to any thing short of your just rights and liberties . finis . some queries concerning the election of members for the ensuing parliament l'estrange, roger, sir, 1616-1704. 1690 approx. 16 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase 1, no. a47920) transcribed from: (early english books online ; image set 47513) images scanned from microfilm: (early english books, 1641-1700 ; 1465:28) some queries concerning the election of members for the ensuing parliament l'estrange, roger, sir, 1616-1704. harrington, james, 1664-1693. 8 p. [s.n.], london printed : mdcxc [1690] this has been generally attributed to james harrington who wrote a reply to it and published it as pt. 2 with l'estrange's work.--halkett and laing, vol. 9, p. 314. reproduction of original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title 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are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. great britain -politics and government -1660-1714. 2003-11 tcp assigned for keying and markup 2003-12 aptara keyed and coded from proquest page images 2004-01 mona logarbo sampled and proofread 2004-01 mona logarbo text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion some queries concerning the election of members for the ensuing parliament . london , printed in the year mdcxc . some queries concerning the election of members of the ensuing parliament . 1. whether the king hath not lately by actions , as well as promises , declar'd himself for the interest of the church of england ; and whether those republicans , who have always made it their business to libel kings , can more effectually abuse his present majesty , than in traducing him as their friend , and in using , as heretofore , a kings name against his design and interest ? 2. whether those are true to the interest of that church , who endeavour'd in the last session to incapacitate some of the best members of it ; and who were so far from granting that amnesty which the king desir'd and propos'd , that they carried their fury back to more than one preceeding reign , and set aside all acts of indemnity , but that , which most of them need , in the year 1660 ? 3. whether since the dissenters do not now desire a toleration for themselves , which we have already granted , but openly threaten and pursue their revenge on us , it is not necessary that these apparent dangers , at least , should awaken us out of our lethargy ; and whether the negligence of the church of england , which on like occasions heretofore , was thought the result of pity and good nature , would not now be esteem'd the effect of cowardize and stupidity ? 4. whether those gentlemen of the sword , who have offices in ireland , would not be better imploy'd in a council of war than a senate-house ? whether , if they think it convenient , it would not be proper for them to make one visit to the remains of their regiments there , and to contribute by some other means to the reducing that kingdom , than by giving taxes ? 5. whether those restless phanaticks , who have been bred up in rebellion , and have always since been active promoters of sedition , ought not in conscience to desist now , and to be contented with the single glory of having once ruin'd this kingdom ? 6. whether those worthy gentlemen have been justly expos'd , in a late impudent pamphlet , that were more hasty for sending a speedy relief into ireland , than for changing the right of succession in an hereditary kingdom ; and whether they may not possibly deserve a place again in the house , though they thought it more expedient for this nation to beat k. iames out of that one kingdom , than to vote his daughter out of three ? 7. whether the king be not now sensible , that most of those hasty abdicators did not change the succession out of kindness to him , but out of a farther design of bringing in a commonwealth , or , in other words , of making this an elective , and precarious monarchy ? 8. whether the temper of those excellent members deserves censure , who have promoted a general pardon , and in that an universal quiet and satisfaction ; and who were not very active in suspending the bishops , unwhipping oats , and in excepting every body out of the no-act of indemnity ? 9. whether any man can justly stand recommended to your choice by no other advantages than those of an old treason , and a long exile for it ? and whether one may reasonably be thought to have improv'd his crime into vertue , and to become a patriot of his country , by being outlaw'd into holland ? 10. whether such men as these may not possibly be factors for geneva and amsterdam , and more mindful of their late fellow-burgers than their old countrymen ; and whether their frequent protestation , that they are true englishmen , would not convince the greatest sceptick , ( if he understands their veracity , ) that they are not so . 11. whether our good brethren the dutch , according to their usual kindness , would not , in all probability , have forborn to arrest us for their debt , till the conquest of ireland had put us in a capacity of repaying them ; and whether those men , who in the absence of most of the members , gave 600000 l. to the dutch , did not more consider their own good will to the creditors , than our ability . 12. whether it was not a strange instance of justice , in a knight of the shire , to move for a new assessment of his own county ; and whether if the county do not choose him again . they will not demonstratively shew , that they have more kindness for their money than their representative ? 13. whether there ever was a better parliament in general , than that of k. iames the second , and whether any body would approve the re-election of those worthy members , who do not wish for a new monmouth , and another argyle ? 14. whether many honest gentlemen , of nice principles , did not desist from standing at the last election , as having raised more scruples to themselves than they could easily answer ; and therefore not hoping to untie the gordian knot , put it for once into the hands of those men who could effectually cut it . and whether now these gentlemen will not be concern'd to redeem their neglect , and the more diligently to avert the blow , by how much the less careful they were to prevent the stroke . 15. whether the clergy of the c. of e. are not concern'd to be as diligent against phanaticism now , as of late against popery ; at least , such of them as have a greater respect for pulpits and chappels , than for tubs and barns ? 16. whether if those men who were incapacitated for procuring or consenting to surrenders , shall again vote for their judges , they will not give a signal instance of their forgiving humour , and shew to the world , that they have a great share of good nature , though perhaps not an equal portion of sense ? 17. whether it would not be heroick for all those publick-spirited gentlemen , to take up mr. s — 's resolution of never standing again till they can be chosen by honest regulators only ? 18. whether the incapacitating clause was not brought into the house by mr. sach — and whether the following list be not a true account of those that seconded him in it ? be it enacted by the authority aforesaid , that every mayor , recorder , alderman , steward , sheriff , common-council-man , town-clerk , magistrate , or officer ; who did take upon him to consent to , or joyn in , any such surrender , or instrument purporting such surrender as aforesaid . or did solicit , procure , prosecute , or did pay or contribute to the charge of prosecuting any scire facias , quo warranto , or information in the nature of quo warrauto , by this act declared void , shall be , and is declared , adjudged , and enacted to be for the space of seven years uncapable , and disabled to all intents and purposes , to bear , or execute any office , imployment , or place of trust , as a member of such respective body corporate , or in or for such respective city , town , burg or cinque-port , whereof , or wherein he was a member , at , or before the time of making such surrender , or instrument purporting such surrender , or the suing out , or prosecuting such scire facias , quo warranto , or information in nature of quo warranto , any thing in this act contained , or any other case , statute , or any ordinance , charter , custom , or any thing to the contrary in any wise notwithstanding . the honourable edward russel , esq . william duncombe , esq . sir henry winchcombe , baronet . henry powle , esq . sir algernoon may , knight . sir william rich , baronet . sir henry fane , knight of the bath . thomas tipping , esq . the hon. thomas wharton , esq . sir thomas lee , baronet . thomas lewes , esq . william iephson , esq . sir william drake , knight . richard hampden , esq . iohn hampden , esq . isaac newton , magist. art. sir robert cotton , knight and bar. iohn maynwaring , esq . roger whitley , esq . hugh boscawen , esq . william harbord , esq . edward russel , esq . sir henry ashurst , knight . anthony rowe , esq . hugh fortescue , esq . robert harly , esq . sir peter colleton , bar. ionathan prideaux , esq . sir iohn lowther of whitehaven , bar. sir henry capell , knight . sir philip gell , bar. the honourable anchitell gray , esq . sir george treby , knight . the honourable robert russel , esq . sir francis drake , bar. sir walter younge , bar. thomas reynell , esq . iohn elwell , esq . samuel foote , esq . henry trenchard , esq . thomas trenchard , esq . iohn burridge , esq . sir iohn morton , bar. iohn manly , senior , esq . sir matthew andrews , knight . henry mildmay , esq . isaac rebow , esq . sir thomas middleton , knight . sir iohn guise , bar. sir ralph dutton , bar. sir duncombe colechester , knight . thomas master , esq . iohn how , esq . richard dowdeswell , esq . sir edward harly , knight of the b. paul foley , esq . iohn dutton colt , esq . iohn birch , esq . sir thomas pope blount , bar. sir charles caesar , knight . sir william cowper , bar. sir thomas byde , knight . the honourable sidney wortley , alias mountague , esq . the hon. sir vere fane , kt of the bath . sir iohn knatchbull , bar. sir william honywood , bar. henry lee , esq . sir tho. taylor , bar. charles lord brandon gerrard . the hon. richard lord colchester . bennet lord sharard . thomas babington , esq . sir edward hussey , knight . sir william yorke , knight . sir iohn brownlowe , bar. sir william ellis , bar. the hon. philip howard , esq . sir patience ward , knight . sir robert clayton , knight . sir thomas pilkington , knight . sir william ashurst , knight . sir henry hobart , knight . george england , esq . iohn trenchard , esq . serjeant at law. the hon. sir robert howard , knight . sir thomas samuel , knight . sir william langham , knight . sir francis blake , knight . sir scroop how , knight . sir iohn cope , bar. sir thomas lytleton , bar. edward gorges , esq . the r. hon. charles marq. of winton . the hon. william lord pawlett . francis morley , esq . fitton gerrard , esq . henry wallap , esq . the honourable iames russel , esq . sir michael biddulph , bar. philip foley , esq . henry boyle , esq . sir philip skippon , knight . sir robert rich , knight and bar. sir iohn duke , bar. sir richard ounslow , bar. george evelyn , esq . iohn arnold , esq . thomas howard , esq . foot onslow , merchant . sir iohn thompson , bar. denzill onslow , esq . sir iohn pelham , bar. iohn machell , esq . iohn lewkener , esq . sir iohn fagge , bar. william garway , esq . sir richard new digate , bar. sir thomas mompession , knight : thomas pitts , esq . sir charles rawleigh , knight . morice bocland , esq . sir william pinsent , bar. charles godfry , esq . thomas freke , esq . iohn wildman , senior , esq . — hawles , esq . iohn wildman , junior , esq . sir iames rushout , bar. thomas foley , esq . william bremley , esq . iohn somers , esq . richard lord coote . henry herbert , esq . edward tompson , alderman . william stockdale , esq . sir william strickland , bar. william palmes , esq . sir michael wharton , knight . barons of the cinque-ports . richard austen , esq . iames chadwick , esq . iulius deeds , esq . tho. pappillon , esq . sir iames oxinden , knight and bar. wales . sir william williams , knight and bar. bussy mansell , esq . sir rowland gwynn , knight . finis . notes, typically marginal, from the original text notes for div a47920-e70 see a list of those that were for the regency 1690. lond. i do not mean sir r. nudigate , nor sir r. cotton of cheshire . qu. whether mr. sacheverell . an essay concerning parliaments at a certainty, or, the kalends of may by samvel johnson. johnson, samuel, 1649-1703. 1693 approx. 63 kb of xml-encoded text transcribed from 26 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a46947 wing j826 estc r11823 13302076 ocm 13302076 98941 this keyboarded and encoded edition of the work described above is co-owned by the 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(eebo-tcp ; phase 1, no. a46947) transcribed from: (early english books online ; image set 98941) images scanned from microfilm: (early english books, 1641-1700 ; 459:26) an essay concerning parliaments at a certainty, or, the kalends of may by samvel johnson. johnson, samuel, 1649-1703. [2], ii, 47 p. printed for the author, london : 1693. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. great britain -politics and government -1689-1702 -sources. 2000-00 tcp assigned for keying and markup 2002-01 apex covantage keyed and coded from proquest page images 2002-03 tcp staff (michigan) sampled and proofread 2002-03 mona logarbo text and markup reviewed and edited 2002-04 pfs batch review (qc) and xml conversion an essay concerning parliaments at a certainty ; or , the kalends of may. by samuel johnson . vice cotis fungar . horace . london ; printed for the author . mdcxciii . to the barons and commons of england in parliament assembled . may it please your honours . you either knew more of the matter contained in these papers , or less , or the same . if you knew more , i should be glad to see it in your laws which you mean to establish : or which is better , in your declaration of the constitution . if not ; no body can find fault with my poor office of bearing a light , but they that have very ill eyes . i am the known servant of you , and of my whole country , samuel johnson . an essay concerning parliaments at a certainty . chap. i. shewing that the frequent meeting of parliaments is the basis of our constitution , and the true of the government ; and that the intermission of them is inconsistent with the body of the english law. if a man would have an entire view of the english constitution , he must have recourse to those able and approved authors who have written purposely on that subject . for it is a rule , parva est authoritas aliud agentis ; and what is said by the by , is of less weight , than what is professedly handled ; provided it have been maturely considered , by a competent judge of that matter of which he treats . and in this kind we do not find a man better qualified than the learned lord chancellor fortescue , who was an aged lawyer , and had been lord chief justice of england when he wrote his book de laudibus legum angliae , which was on purpose in a dialogue with the prince of wales , to inform him of the nature of the english constitution , and to let him know by what sort of laws the realm , in which he was to succeed his father , was to be governed . and therefore he adjures him over and over again to addict himself to the understanding of the laws of his father's realm , wherein he was to succeed , fol. 16. a. and having shewed the prince the different nature of reahns , where a king could tyrannize , and where he could not , being restrained by politick laws , fol. 26. b. rejoyce therefore ( says he ) most excellent prince and be glad , that the law of the realm in which you are to succeed is such , for it shall exhibit and minister to you and your people no small security and comfort . but out of that excellent book which i believe no way warped , ( for then it must lean towards the court , partly because of the flattery and officiousness which is too often found in dialogues with princes , and partly because the author was retained on the crown side by the greatest office in england ; ) i will confine my self to those passages only which relate to the frequency of parliaments . and the first i meet with is in his 18th chap. concerning the statutes of england in these words . et si statuta haec , tantâ solemnitate & prudentiâ edita , efficaciae tantae , quantae conditorum cupiebat intentio , non esse contingant : concitò reformari ipsa possunt , 〈◊〉 non sine communitatis & procerum regni illius assensu , quali ipsa primitùs emanarunt . and if these statutes fall short of their intended efficacy , though devised with such great solemnity and wisdom of parliament ; they may very quickly be reformed , but not without the assent of the commons and peers of the realm , which was their source from the beginning . now i only desire that the word concitò may be taken notice of , which is the quickest word that can be imagined , and shews that our parliaments were always at hand ; and the whole passage shews for what wise and just reasons they were so . the next passage is chap. 53. fol. 129. a. neque leges angliae frivolas & infructuosas permittunt inducias . et siquae in regno illo dilationes in placitis minùs accommodae fuerint usitatae , in omni parliamento amputari illae possunt : etiam & omnes leges aliae in regno illo usitatae , cum in aliquo claudicaverint , in omni parliamento poterunt reformari . quo recte concludi potest , quod omnes leges regni illius optimae , sunt in actu vel potentiâ , quo faciliter in actum duci poterunt & in essentiam realem . ad quod faciendum , quoties aequitas id poposcerit , singuli reges ibidem sacramento astringuntur , solemniter praestito tempore receptionis diadematis sui . neither do the laws of england allow in law-suits frivolous and fruitless delays . and if in this kingdom delays in pleas which are not to the purpose should be used , they may in every parliament be cut off . yea , and all other laws used in the realm , when they halt or are defective in any point , they may in every parliament be set to rights . whereupon it may be rightly , concluded , that the laws of england are the best in the world , either actually or potentially , since they can easily be brought into act or being . to the performance whereof , as often as equity so requireth , every king is bound by an oath solemnly taken at the time of receiving his crown . out of this last passage i will not trouble you with any more observations than these ; first , that parliaments are the remedy against delays in law proceedings : but how if parliaments themselves should be delayed ? secondly , that if any or all our laws should halt , and our parliaments at the same time should be crippled too , and not able to come together ; they could not help one another . in the next and last chapter of that book , fol. 129. b. the prince immediately replies . princeps . leges illas , nedum bonas sed & optimas esse cancellarie , ex prosecutione tuâ in hoc dialogo certissimè deprehendi . et siquae ex illis meliorari deposcant , id citissimè fieri posse , parliamentorum ibidem formulae nos erudiunt . quo realiter , potentialiterve , regnum illud semper praestantissimis legibus gubernatur . nec tuas in hâc concionatione doctrinas futuris angliae regibus inutiles fore conjicio ; dum non delectent regere legibus quae non delectant . says the prince , my lord chancellor by the tenour of your discourse in this dialogue i am throughly satisfied , that the laws of england are not only good , but the best in the world. and in case any of the laws want to be mended or improved , the rules of the english parliaments do instruct us , that that may be done forthwith . whereupon the realm of england is always governed by the very best laws , either in reality or in possibility . and besides i conjecture that the doctrines that have been held forth in this dialogue will be very useful to the kings of england that shall come hereafter ; since no body likes to govern by laws which they do not like . after all these lauds and praises of the english laws , which the chancellor has stuck all over with stars quite through his book , and has made their perfection to center in this , that they either are or soon may be the best in the world , because in case they labour 〈◊〉 any defect , that fault may be immediately amended by a wise senate : what if that wise senate be no where to be found ; or is at no certainty ? it is then impossible to render the chancellor's latin into english. for the speedy perfection of the english laws which the prince and he are agreed is concitò & citissimè , may be rendred , either at the four years end , or the twelve years end , or at the world's end . for so i am satisfied it was meant , after a ten year's interval of parliaments , if the herb woman at edinburgh had not thrown her cricket-stool at the arch-bishop's head. and so dr. heylin i remember does not so much acknowledge that secret as justify it . it is in his little book of observations upon hammond l'estrange's history of the reign of k. charles i. says hammond , upon the dissolution of that wise parliament in 28. ( to whom we owe the petition of right ) all wise men concluded that there was an end of all parliaments . yes , says heylin , so they might well , the king having been troubled with their impertinencies , and having an example in france before his eyes , where parliaments have been so much discontinued , that it is become a proverb amongst them , voyons le jeu de trois estats , as the strangest sight which can be seen in an age. i have not the book now by me , but i will be answerable for the substance of this quotation , having retained this passage in my head above these five and twenty years . i can only touch several other arguments which might be enlarged upon . the high court of parliament is the dernier resort in this kingdom ; and if that fail , there may be a failure of the english justice . bracton says of an ambiguous or difficult cause , respectuetur ad magnam curiam ; but unless parliaments be frequent , such a cause is adjourned to a long day . every body that understands the english constitution knows that it is exactly the same as it was laid down in parliament 8 ed. 4. by the lord chancellour that then was . you have it in sir robert cotton's abridgment of the rolls in the tower , p. 682. in these words . he then declared the three estates to comprehend the governance of this land , the preheminence whereof was to the king as chief , the second to the lords and bishops , and the third to the commons . now if we are at a loss or uncertainty about our parliaments , we are at a loss or uncertainty about two thirds of our government . but i will say no more upon this head , intending to shew in the following chapters , how the matter of parliaments stood in former ages . chap. ii. shewing how parliaments stood in king alfred's time , and afterwards . i chuse to begin with this period of time in king alfred's reign , because we have clear law and history to shew how parliaments stood in his time , and what law was ordained concerning them for ever . it is in the mirror of justices , which as my lord coke says in his preface to his tenth reports , was written in the saxon times , and it appears by the book it self : but several things were added to it by a learned and wise lawyer andrew horne , who lived in the reign of ed. 1. and ed. 2. antiquity enough for a book , we desire no more ; for we are sure that no common-wealths man had the penning of it . the words of the myrror are these , p. 10. pur le estate del royalme fist l' roy alfred assembler les comitees , 〈◊〉 〈◊〉 pur usage derpetuelle , que a deur foits per l' an on pluis-sovent , pur mestier , en tempts de peace se assemblerout a 〈◊〉 pur parliamenter sur le guidement del people d' dieu , coment gents se garderent de peche , 〈◊〉 en quiet , 〈◊〉 〈◊〉 droit per certaine usages 〈◊〉 〈◊〉 〈◊〉 . der cel estate se sierent plusiours 〈◊〉 per 〈◊〉 royes jesque al 〈◊〉 roy ; les quells dideinances sont disuses per meins sages , 〈◊〉 put default que 〈◊〉 ne sont my mise en escript 〈◊〉 publies en certeine . for the good estate of the realm , king alfred caused the counties to assemble , and ordained it for a perpetual usage , that at two times yearly , or oftner if need were , in time of peace , they should assemble at london , to sit in parliament , for the guidance of god's people , how the nation should keep themselves from sin , live in quiet , and receive right by certain usages and holy judgments . by this estate were made many ordinances by several kings down to the king that is now ; ( which says the margin was edward the first ) : which ordinances are disused by some that are not so wise , and for want that they are not put into writing and published in certain . in this passage the two times a year seem to be stationary ; the calling a parliament oftner than two times a year if need were , is plainly intended for contingencies of state , and when the ardua regni , or extraordinary affairs of the nation require an extraordinary parliament . i say , and will make out to all the world , by laws and declarations of parliament , that the king has a power of calling parliaments within the law ; but i never did , nor never will say to the end of my life , that the king can hinder parliaments appointed by law. these frequent parliaments were to meet at london in time of peace . we see then what has interrupted our parliaments both as to time and place . for london was after in the hands of the dane , and foreigners wars and tribulations came on . but the best way is to let an author explain himself , which the mirror does in telling us likewise the abusions of the law , or the contrarieties and repugnancies to right , or as he calls it , the fraud and force which is put upon law. this way of writing law is the best that can be invented , for it is the way of preaching by positive and negative , which is a two-edged sword , and cuts both ways . and the truth of it is , the negative part of the law , which lies in a little compass , oftentimes teaches us a world of the positive . for instance the 33 articles in the roll , 1 h. 4. m. 20. which k. richard the 2d . solemnly acknowledged of his own male-administration , do give us more light into the constitution , than a book of six times the bigness could do . but to come to the abusions of law which are in the mirror , p. 282. he says , that the first and sovereign abusion is for the king to be beyond the law , whereas he ought to be subject : to it , as is contained in his oath : though the second is my business , which is in these words . 2. abusion est , que ou les parlaments se duissent faire pur le salvation des almes de 〈◊〉 , 〈◊〉 ceo a 〈◊〉 〈◊〉 deur foits per an , la ne se font ils 〈◊〉 rarement , 〈◊〉 a la 〈◊〉 le roy pur aides 〈◊〉 cuilets de 〈◊〉 . et ou les 〈◊〉 duissent faire al common assent del roy 〈◊〉 de ses counties la le se font 〈◊〉 per le roy 〈◊〉 ses clerks ; 〈◊〉 per aliens 〈◊〉 autres que nosent contravener le 〈◊〉 ; eins 〈◊〉 de luy plaire ; 〈◊〉 de luy counseller a son 〈◊〉 , tout ne soit my le counsel covenable al commons del people , fans 〈◊〉 les counties , 〈◊〉 fans ensuer les rules de 〈◊〉 , 〈◊〉 dount 〈◊〉 〈◊〉 se foundent 〈◊〉 〈◊〉 fur 〈◊〉 , que sur droit . the second abusion of the law is , that whereas parliaments ought to convene for the salvation of the souls of trespassors , and this at london , and two times in the year , now a days they meet but seldom , and at the will of the king for aids and gatherings of treasure : and whereas ordinances ought to be made by the common assent of the king and his counties , now they are made by the king and his clerks , and by aliens and others that dare not contradict the king , but desire to please him , and to counsel him for his own profit , though it be not counsel which is convenient for the commons of the people ; without applying to the counties , and without following the rules of right ; whereupon there are several of the present ordinances that are rather founded upon will , than upon right . from this passage i shall only observe , that the place of a parliament's meeting is fixed , and still at london ; and that the two times a year was standing law down to king edward the first , though abusions and court-practices had broken in upon the law. now let us see how the law stood afterwards ; wherein i can only consult the books i have by me , for i have not health enough to go and transcribe the records in the tower , but take them upon content as they lie in sir robert cotton's abridgment of the records in the tower. and there in the very first page , 5 ed. 〈◊〉 . it is ordained , que parliament serra tenus un ou deux foits per an. that a parliament shall be held one time or two times a year . here you see the twice a year is 〈◊〉 into once or twice . the next is p. 93. of the same bock , 36. ed. 3. the print touching the yearly holding of a parliament , cap. 10. agreeth with the record . now the print is , item , for maintenance of the said articles and statutes , and redress of divers mischiefs which daily happen , a parliament shall be holden every year , as another time was ordained by statute . now that statute , as i find by the statute-book , for i cannot find it in sir robert cotton , is thus . 4 ed. 3. cap. 14. item , it is accorded , that a parliament shall be holden every year once , and more often if need be . by the reason given in the 36 ed. 3. cap. 10. just now recited for a yearly parliament , one would think it should be a daily parliament ; because it is for the maintenance of former 〈◊〉 , and redress of divers mischiefs which daily happen : but i believe that a parliament which sits but forty days in the year are able to do that work ; concerning which we will enquire further afterwards . in the 50 ed. 3. p. 138. the parliament's demand or petition is this , that a parliament may be holden every year ; the knights of the parliament may be chosen by the whole counties ; and that the sheriff may likewise be without brokage in court. the king's answer is this . to the parliament , there are statutes made therefore ; to the sheriffs there is answer made ; to the knights it is agreed , that they shall be chosen by common consent of every county . after these three laws in ed. 3d's time , we come to the first of king richard the second , p. 163. where the petition or demand for a yearly parliament is this . that a parliament may be yearly holden in convenient place , to redress delays in suits , and to end such cases as the judges doubt of . the king's answer is . it shall be as it hath been used . in the 2 r. 2. p. 173. by the king's commandment one cause of opening the parliament is declared to be this . secondly , for that it was enacted that a parliament should yearly be holden . nay , if the court insist upon a yearly parliament , the country may and ought . thus stood the law of england till the 16 caroli 1. when that king having discontinued parliaments for twelve years , and created a distrust of him in the breasts of his people which was just ; ( for if a prince spoil the government for twelve years together , who shall trust him in the thirteenth ? ) the nation found a necessity of having a cautionary parliament every third year , to secure their annual parliaments for the two years immediately foregoing . this is the true reason of the act for a triennial parliament , which was a perfect innovation both name and thing . for i challenge any antiquary , lawyer , or person whatsoever that has turned over books , to shew me the word triennial joined to the word parliament , from the foundation of this government till the year 1640. a triennial parliament therefore is so far from being the constitution of this government , that if it were so , a great number of our present lords and commoners are older than the constitution , and were born before it . but as i said before , that act was only a cautionary act , as a town or gate of a city is taken in caution , for performance of articles . this appears by the first thing which is enacted in that law , namely , that the laws for a parliament to be holden at least once a year , shall hereafter be duly kept and observed . scobel's coll. 16 car. 1. cap. 1. this act was gently drawn up , and had more of a prospect than a retrospect , and does not look back into those oppressions which king charles himself in his large declaration of august the 12th does acknowledge were insupportable ; which were wholly owing to this long intermission of parliaments : but it wisely provides , that in case the two first years parliaments should fail , then came a peremptory parliament , which the king and keeper might call if they pleased ; but if they did not , the counties and burroughs of england were forced to send . it is an act that executes it self , like our act for burying in woollen ; and he that will see the wisdom of it , may read it where i have quoted it . after this comes the act 16 car. 2. cap. 1. and repeals this triennial act , because say they , it is in derogation of his majesty's just rights and prerogative , inherent to the imperial crown of this realm for the calling and assembling of parliaments ; whereupon the triennial act is annulled as if it had never been made . i wish it had never been made . but we will stop there first . it is annulled as if it had never been made : there is nothing lost by that ; for then our parliaments are where they were , which was due annual . well now let us see what alteration is made by this new act , 16 car. 2. which follows in these words , sect. 3. and because by the ancient laws and statutes of this realm , made in the reign of k. edward the 3d , parliaments are to be held very often , ( that is once or twice a year ) therefore they shall not be discontinued above three years at the most . i do not use to admire consequences which i do not understand . but under favour , i would be taken right . i say , that the recital of the ancient laws of this realm does not repeal them , disannul them , anneantir , any thing , nothing ; when there is not one repealing word concerning them in that statute . i knew what i said when i wished the triennial bill of forty had never been made ; and it must be remembred that that act is as if it had never been made ; for it gave occasion to some men that came in with the deluge of the restauration , when it rained cavaliers , ( though i value all mens rights more than my own , and princes most because they are biggest ) and it prompted them to think of turning a cautionary triennial , into a discretionary . but god be thanked they wanted words to express themselves ; and if they meant it , they have not done it . but so as they did put the act together , and as it now stands , there are several things in it worth observing . 1st , that if there be occasion there shall be more and oftner parliaments , than once in three years . now i ask for whose sake was that clause enacted ? not for the king 's , for he was always enabled by his prerogative , for the sake of the ardua regni , to call a parliament every month in the year : well then it was for the sake of his people , that if they judged there was occasion for more or oftner parliaments , they might ask for them . for i appeal to common sense , whether it be not ridiculous , and wonderfully beneath the dignity of a parliament , when a prince was bound by his coronation oath to call a parliament once a year , or oftner if need were , ( for so the law stood , and so this prince was at that time bound ) to interpret a law after such a manner , as to say he was enabled to call a parliament oftner than once in three years . so much for that point ; the next is this . the the upshot of this act of parliament , and the conclusion of the whole act is in these words . to the end , there may be a frequent calling , assembling , and holding of parliaments once in three years at the least . i do say , that if ever we came to low-water mark in our laws about parliaments , and if ever they run dregs , it was in the time of charles the 2d . and yet it was enacted , and was the end of that law , that one should be called , once in three years at the least . now i leave it to the lawyers to tell , whether a proclamation can call a parliament , or any thing else besides a writ of summons and a writ for elections ? and thus have i run through the law of parliaments till t'other day , and considered what is the law at present . from king alfred's time down to edward the first , it seems to have been the standing law to have parliaments twice a year . i know that the invasions of several nations both danes and normans , and the revolutions and disturbances of state which happened , must needs cause frequent interruptions in the practice of it . but my reason to be of that opinion is this , because horne who lived in those times , says , that parliaments at that time ought to meet twice a year , and that at london , and that the intermitting of parliaments was the greatest abusion of the law but one . though i think i have still a greater authority than horn's , ( if any thing in this world can be bigger than that of an able and honest man ) ; but it is a king in his letter to the pope . it is in the clause rolls anno 3. ed. 1. m. 9. cedula . and is to be seen in prynne's large book p. 158. i will quote no more of it than is for my purpose . it is concerning the yearly tribute of a thousand marks which the popes from k. john's time claimed , and there were several years due . the pope's nuncio sollicites the matter , but the king excuses himself that he had come to no resolution in his easter-parliament , but by common advice he would give him an answer in his michaelmass-parliament next following . at present i only mind the wording and way of expressing these two parliaments . concerning the first he says , in parliamento quod circa 〈◊〉 resurressionis 〈◊〉 celebrati in 〈◊〉 consuevit . in a parliament that used to be held in england about the octaves of easter . that word consuevit amounts to custom and usage , and seems to express a parliament de more . he says , that the parliament was in octabis , and by occasion of his sickness , ( after they had made several good laws and 〈◊〉 many grievances , but not all that lay before them ) for the reason aforesaid , that parliament was dissolved , and the king could not treat with them about the pope's petition of tribute . but he promises to do the pope reason in his michaelmass-parliament which he intended . now let us see how that is express'd ; 〈◊〉 firmo scituri , pie dater et domine , quod in alio parliamento nostro quod ad festum sancti michaelis prox . , futur . intendimus , dante domino , celebrare , habito et communicato consilio cum 〈◊〉 et 〈◊〉 memoratis , 〈◊〉 super 〈◊〉 , ipsorum consilio dabimus 〈◊〉 . know for certain , pious father and lord , that in another parliament of ours which we intend to hold at michaelmass next ensuing , with god's leave ; we and the prelats and peers aforesaid consulting together , according to their advice will give you an answer upon the premisses . but i will say no more upon this head , being intent upon another . chap. iii. shewing , that the yearly parliaments were fresh and fresh . there are several ways of proving that there was a new election every year . they tell me there are writs extant for new elections for fourscore years successively , where there are but about six wanting . what if they had been all lost , imbezelled or made away ? what then , is our constitution lost , when bundles of writs are lost ? no , i will go no farther than this last letter to shew that there is a great appearance that while there were two parliaments in a year , the second must be new called . though i hate the word new applied to a parliament ; for a parliament is a parliament , and our ancestors would no more have dream'd of a stale or old parliament , than of an old moon cut out into stars . i will cite the words of king edward's letter , dated the 19th of june in the third of his reign , and when that 's done , let the reader make his own judgment upon them . it was in the interval betwixt his 〈◊〉 and his michaelmass-parliament . set antequam eidem parliamento propter negotiorum multitudinem quae reformatiouis remedio indigebant sinem imponere 〈◊〉 , eodem capellano vestro responsionem debitam sibi fieri instanter poitulante , 〈◊〉 gravis nos inbasit , sicut domino placuit , infirmitas corporalis , quae perfectionem multorum aliorum negotiorum , 〈◊〉 deliberationem petitionis census annui supradicti , de quo dolemus non modicum , impedivit ; sicque cum occasione infirmitatis hujusmodi , a qua per dei gratiam , cujus est perimere 〈◊〉 mederi , incepimus convalescere , idem paliamentum fuerit dissolutum , 〈◊〉 super hoc 〈◊〉 super petitione census ejusdem deliberationem 〈◊〉 cum praelatis 〈◊〉 proceribus antedictis . to this sense . but before we could put an end to that parliament , because of the multitude of grievances which lay before them , your nuncio in the mean time diligently solliciting your business , a great distemper as it pleased god befel me , which hindered the finishing of many other matters , and treating about the petition of the yearly tribute , which is a great grief to me ; and so by reason of my said illness , ( from which by the grace of god , in whose hands are the issues of life and death , i begin to recover ) that parliament was dissolved , and hereupon i could not treat with the prelates and peers aforesaid about this tribute . from this long quotation i shall only make this observation at present , that in this parliament begun in the octaves of easter ( perhaps upon may-day ) there was a great deal of business done , and a great deal of business left undone ; amongst the rest the pope's , because of the king's sickness , who thereupon could not give answers to bills or petitions ; and that the nuncio's petition was unanswered , went to the king's heart . but upon occasion of that sickness it was that the parliament was dissolved , and the pope's business hindred , to the king 's great regret . what , could not the king keep this parliament alive till the nineteenth of june , when he himself began to be well again , which is the date of the letter ? it is no more than fifty days from their first sitting down to the date of his letter , and yet though he set his heart upon the business that lay before that parliament , it was dissolved ; and to stop that gap he promises to call another parliament at michaelmass . then it seems they did not understand the method of prorogations , and it is unknown to me by what law it came in . if there be such a law , i never minded it , for i am speaking of the constitution , and not of innovations . but i believe the true reason of the abrupt disfolution of that summer parliament in conjunction with the king's sickness , was this , that if they had been held till michaelmass , though thore was then to be another parliament , it must have been at the king's charge . for i am of opinion by what i have seen even as low as richard the 2d's time , that the sitting of a parliament was usually forty days and that the quarantain was not duly kept in this parliament 3 ed. 1. of the octaves of easter . but there was a concern in holding a parliament above forty days about the knights and burgesses wages . as appears by that memorable record which is in 〈◊〉 , p. 2682. being the message sent by both houses to k. rich. 2. 〈◊〉 eltham . the words are these . dicunt 〈◊〉 quod habent ex antiquo statuto quod si rex a parliamento 〈◊〉 se 〈◊〉 〈◊〉 sponte , non aliqua , set se subtraxerit per absentiam temporis 40. dierum tanquam de vexatione populi sui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 non curans , extunc licitum omnibus & singulis eorum absque domigerio regis redire ad propria & unicuique eorum in patriam suam remeare . in short , they say they have an ancient statute for it , that in case the king wilfully absent himself and will not come to parliament , as having no care of vexing his people , nor regard of their great expences , after forty days , they are free to go home , and the king has no wrong done him . now what is the meaning of these forty days , but that they had waited a just session ? and how should the parliament-mens wages be otherwise adjusted , when at the end of every parliament in those times they were dismissed , with desiring them to sue out their writs for their wages ? and i leave it to the antiquaries , because i am not now able to travel in that point , to consider how the several proportions of land which are allotted for the knights and burgesses in several counties for their wages , can be adjusted , without a certainty of the length of their sessions . but not a word of this is my present business , which was to shew that parliaments by the constitution are not to be stale ; as i have seen one in my time retained about nineteen years with pensions , and another for fewer years with places and turning out of places : but if a parliament were corrupted neither of these ways , yet a standing parliament will always stagnate , and be like a country-pond which is over-grown with ducks-meat . the worst king one of them that ever the nation had , was so limited by the constitution , that he did not know how to compass a long parliament , and therefore he was fain to take other indirect ways to gain the same point as if he had one . it was rich. the 2d . who in the articles alledged against him , and confessed by him , lets us know it was by influencing elections and false returns . the words as they stand in the rolls 1 h. 4. m. 20. are these . 19. item , licet de statuto , & consuetudine regni sui in convocatione cujuslibet parliamenti populus suus in singulis comitatibus regni debeat esse liber ad eligendum & deputandum milites pro hujusmodi comitatibus ad interessendum parliamento , & ad exponendum eorum gravamina , & ad prosequendum pro remediis superinde prout eis videretur expedire ; tamen praefatus rex ut in parliamentis suis liberius consequi valeat suae temerariae voluntatis effectum , direxit mandata sua frequentius vice-comitibus mitibus suis , ut certas personas per ipsum regem nominatas ut milites comitatuum venire faciant ad parliamenta sua , quos quidem milites eidem regi faventes inducere poterat , prout frequentius fecit , quandoque per minas varias , & terrores , & quandoque per munera ad consentiendum illis quae regno fuerant praejudicialia , & populo quamplurimum onerosa ; & specialiter ad concedendum eidem regi subsidium lanarum ad terminum vitae suae , & aliud subsidium ad certos annos , suum populum nimium opprimendo . 19. item , although by statute , and the custom of his realm in the calling of every parliament in every the counties of england , his people ought to be free to choose and depute knights for the said counties to be present in parliament , and to lay open their grievances , and to prosecute for remedies thereupon as they think fit , notwithstanding the said king that in his parliaments he might obtain his will which was rash , often directed his mandates to his sheriffs , that they should return certain persons nominated by the king himself as knights of the shires , which knights indeed he could make plyable to him , and as he very often did , sometimes by various threats and terrors , and sometimes by gifts , to consent to those things which were prejudicial to the realm , and extreamly burthensom to the people ; and particularly to grant the same king the subsidy of wool during his life , and another subsidy for certain years , thereby too much oppressing his people . now if he could have made long parliaments , he need not have made use of these mean shifts . but he could make use of no other way , because parliaments , as i said , were fresh and fresh , and antiquity knew no other . and if any man can make out of this authentick record , that it was any otherwise , than so many parliaments so many elections , then i have done with writing and reading . chap. iv. of the kalends of may. at last i am come to search after the head of nile , and the true old land-mark of the english constitution . how parliaments stood in the british times i am not so certain ; but that there were parliaments then , i am certain . i have it from the wise gildas , that vortigern and his foolish thaynes sent to the saxons for help against the picts and scots , and took into their bosoms a warlike and fierce nation , whom at a distance they were afraid of . and they indeed of course beat those that infested severus's wall , but they made mine hosts that invited them in , hewers of wood and drawers of water . and those of the britains that opposed them , the saxons drove out of their countrey , whereby as gildas says all their records were lost . but out of that venerable author we plainly see , that the lamentable letter which was sent the year before to the senate of rome , was written by a british parliament . for whose sake i beg of all nations not to let in legions of foreign nations to be their masters , for when they want them and their protection most , they shall go without it . for when the roman legions were withdrawn out of britany , ( which caused our enemies to make an insult ) and the british parliament begg'd hard to have them return , the roman senate's answer was , that they were otherwise engaged ; and they must help themselves as they could , which made them betake themselves to the saxons . a very fair answer to a nation that was disabled and disarmed , after their kings and parliaments had been only tax-gatherers to the romans for several hundreds of years ; as if you have no true lord mayor , you must still have pageants , and somewhat that keeps up the shew . but after these early times , we have somewhat in king edward the confessor's laws , which all succeeding kings have been sworn to , which i will try what to make of . it is an yearly folkmote upon the kalends of may. i do not know readily what that yearly folkmote is , because those laws of edward the confessor say that king arthur invented it ; quod arthurus rex inclytus britonum invenit . then i am sure the original name of it was not folkmote . then we will mind the name no more , but come to the thing . sir henry spelman in the learnedest glossary that ever was writ , i will not except mr. somner's , says thus under the word gemotum . wittenagemot idem apud anglosaxones quod apud nos hodie parliamentum , parumque a folcmoto differebat , nisi quod hoc annuum esset & e certis plerumque causis , illud ex arduis contingentibus & legum condendarum gratiâ , ad arbitrium principis indictum . a wittenagemot was the same thing amongst the english saxons , as now at this day a parliament is amongst us ; and a wittenagemote differed little from a folkmote , only that this last was annual , and chiefly sat about the standing affairs of the nation : the other was called at the king's pleasure upon emergencies of state and for the sake of making laws . now let us see what the learned antiquary says concerning folkmotes by themselves in the same place , p. 315. in folcmoto semel quotannis sub initio kalendarum maii ( tanquam in annuo parliamento ) convenere regni principes , tam episcopi quam magistratus liberique homines . jurantur laici omnes coram episcopis in mutuum foedus , in fidelitatem regis , & in jura regni conservanda . consulitur de communi salute , de pace , de bello , & de utilitate publicâ promovendâ . in a folkmote once every year at the beginning of the kalends of may ( as in an yearly parliament ) there met together the princes of the realm , as well bishops as magistrates , and the freemen . all the laymen are sworn in the presence of the bishops into a mutual covenant with one another , into their fealty to the king , and to preserve the rights of the kingdom . they consult of the common safety , of peace , of war , and of promoting the publick profit . it follows in the next words , adhibetur praeterca folcmotum in repentino omni discrimine , exigente etiam necessitate , sub aldermanno ( hoc est comite ) cujuslibet comitatus . besides a folkmote is used in every suddain danger , and likewise if necessity require it , under the alderman ( that is the earl ) of every county . this last is plainly a provincial folkmote in time of necessity ; but the former part of the sentence seems to intimate , that upon a surprize when the king had not time to call a parliament , the last folkmote met ; as the last westminster parliament did , to give the prince of orange the administration , before it was possible to have a parliament elected . though the former description of the general and not the provincial folkmote is our present business . and at the first sight it looks like a full parliament , for it consists of the princes , as well bishops as magistrates , and the freemen ; that is to say , the chiefs of the whole nation . and they are employed in parliament-work , for they consult of the common safety , of peace , of war , and promoting the publick profit . and did not the general title of our laws every session run thus ; to the high honour of god , and to the profit of the common-wealth ? if ever there were wites in parliament , sure it was princes , as well bishops as magistrates , and the freemen . why then does this learned knight distinguish betwixt a wittenagemote and a folkmote , seeing they were both made up of wites ? i am governed by things and not by words , and am throughly satisfied that an assembly which does parliament-business is a parliament . and no doubt the folkmote made laws ; for it is not to be supposed that an assembly of the whole nation should sit consulting forty days of peace and war , of armies and fleets , ( which in those days were three thousand ships , and were able to make out the dominion of the seas ) ; of the grievances of the nation , and the redress of those grievances ; and of providing for the common profit of the realm ; and after all not to be able to enact their own conclusions . that is just as if our present parliament should spend forty days in finding out ways and means for the raising money , and afterwards were not able to put them into a law : or as we private men use to consult and debate , and settle the nation over a dish of coffee , without being able to oblige one single man to our orders . the thing which misled this great antiquary ( as i conjecture ) to make this mark of difference betwixt a folkmote and a wittenagemote , as if a wittenagemote made laws and a folkmote nor , is this ; that when the saxon kings issued out their laws , they said they had passed in their wittenagemote , concilio sapientum , or council of wise men : and it was proper for the king to call his folkmote by that name , though not for them themselves . as for instance , the writs of election at this day call for some of the discreetest to be chosen to parliament , though the members do not assume that title : and i know so much of the old english genius , that they would no more have called themselves a wittenagemote , than this present parliament would call their votes which come out day by day , journal de sqavans . but i will wave conjectures even in antiquities , ( though we are there oftentimes forced to go in the dark , to tread upon ruins , and to feel out our way ; ) because i have direct proof that the folkmote made all the laws we ever had . and for this i will go no farther than to the third branch of the usual and accustomed coronation oath taken by the former kings of england , and taken twice by richard the second , 1 hen. 4. membr . 20. inter decem scriptores , p. 2746. in these words , spoken to the king by way of question . concedis justas leges & consuetudines esse tenendas ; & promittis per te esse protegendas & ad honorem dei corroborandas quas vulgus elegerit , secundum vires tuas ? respondebit , concedo & promitto . do you grant that the just laws and customs which are of the folks chusing shall be kept , and do you promise that they shall be protected , and to the honour of god receive affirmance by you , to the utmost of your power ? the king shall answer , i grant and promise . now i would fain know , how a folkmote can be otherwise expressed in latin than by the word vulgus , which is a collective word : or how the vulgus or folk could chuse laws any otherwise than in a folkmote ? i will not enter into the stiff dispute which exercised king charles the first and his parliament for a long time , whether the word was praeter tense or future , and whether the word was best rendred in the french translations , the laws which the folk auront esleu , shall have chosen , or which the folk eslieront shall hereafter chuse ; whereupon they said that he was bound to sign and affirm all the laws they should hereafter present to him , and that he could not make use of a negative without perjury . i say that that whole dispute was not worth a farthing . for if the folk chose the laws all along down to king richard the second's time , and the kings were sworn to affirm them , then we know how the laws antiently were made ; and who cares whether eslieront or choosing for the future be the sense of the word or no ? for if the folks choosing was the constitution in k. richard the second's time , then i would fain know in what king 's reign it was afterwards that the constitution was altered . in short , the folk chose the laws ; and i believe the english folkmote and wittenagemote will be found to be old homer's river , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which the gods call xanthus , but mortal men call scamander . now though scamander be the homelier name , yet it is the same river . i cannot but say there was some difference betwixt the folkmote upon the kalends of may , and the folkmotes which the king always called for his ardua contingentia or contingencies of state : but the difference lay only in this , that the folkmote of the kalends of may was a parliament de more , and of course , who assembled themselves , sub initio kalendarum maii , says spelman , and were bound to do so , in capite kal. maii , say the laws of edward the confessor , cap. 35. de greve ; ( and out of that chapter has sir h. spelman extracted his true account of a gerneral folkmote , which was anniversary : ) whereas a wittenagemote or extraordinary parliament or folkmote was summoned at the king's pleasure , and was ever at his call both for time and place . other difference i can find none . for as for the constituent parts of a folkmote , if the princes of the realm , as well bishops as magistrates , and the freemen , cannot denominate a wittenagemote , i know not where the king will find his wites , or wise-men . i have spoke to that point already . i have likewise spoken to the point of the folkmotes making of laws . we find indeed the saxon kings in the preface of their laws which were made in extraordinary parliaments , decreeing with their wites , ( 〈◊〉 〈◊〉 〈◊〉 ) some at greatanlage , and at midwinter afterwards at eaxcester , as king athelstan ; some at 〈◊〉 at the holy easterly tide , as king edmund ; others at wodestock in mercialand , and others at winchester . whereby it appears that the kings of england had a power to summon parliaments when and where their weighty affairs required them , in all places of the realm , and at all seasons of the year . this is an undoubted prerogative lodged in the king for the sake of the ardua contingentia ; and no man would govern a kingdom that could not command the advice and assistance of his subjects to be forthcoming , when the occasions of the kingdom required it . and for the sake of these ardua negotia , the knights , citizens and burgesses are to be impowered to act in parliament-business by those that sent them ; lest for want of that full and sufficient power , or by means of an improvident election , these arduous and weighty affairs of the kingdom should in any wise remain infecta , or be left undone . this is contained in the present writ of elections directed to every sheriff of a county at every election of parliament-men . but that is not my present business , for i am in a further search after the annual or rather the anniversary folkmote . chap. v. concerning the first founder of the yearly folkmote of the kalends of may. before i proceed any further i must clear one point . and that is , that we find the author and founder of our yearly folkmote mentioned in the laws of edward the confessor , ( which were recited and confirmed by k. william the first ) under the title de greve , chap. 35. which may possibly leave a suspicion that this yearly folkmote of the kalends of may was a greve's court. now what court should this be , belonging to a greve , or any count or viscount , or president whatsoever , for greve is an ambiguous word ? it is not a burghmote , for that is three times a year by the saxon laws . it is not a county court , for that by edward the senior's laws , n. 11. was in these words . ic wille that aelc gerefa haebbe gemot a ymb feower wucan . i will that each greve have a gemot at about four weeks . so that there were twelve in the year . it was not the sheriffs turn , or le 〈◊〉 del 〈◊〉 , for that was twice a year ; 〈◊〉 scirgemot on ger , by the laws of king edgar , cap. 5. it is not the gemot for the view of weapons or arms , which every freeman in england was charged with , and was bound to shew once every year , and , as was wisely contrived , all in one day throughout all england ; but that day was not in our kalends of may , but the morrow after candlemass , crastino purificationis b. m. and therefore i cannot for my life make any thing else of an universal anniversary full folkmote , which is but semel in anno , scilicet in capite kal. maii , but a stationary parliament : especially considering who they were and what they did . the next thing to be considered is the author or founder of this ancient constitution , which we have in the aforesaid chap. de greve , num. 35. amongst the laws of good king edward . hanc legem invenit arthurus , qui quondam fuit inclytissimus rex brytonum , & ità consolidavit , & confoederavit regnum britanniae universum semper in unum . this law of the anniversary folkmore arthur invented , who was heretefore the most renowned king of the brytons , and thereby he consolidated , and confederated together the whole realm of britany for ever as one man. it is good to honour the founders of all useful constitutions ; and i believe that 〈◊〉 arthur was the inventor of this as to this realm ; because these laws of k. edward say so : and so was cadmus the inventor of letters in greece , though we 〈◊〉 trace them out of phoenicia ; and the letters speak for themselves . for if it be aleph , beth , gimel , daleth in one place , and in the same order it is alpha , beta , gamma , delta in the other place , then we are sure there has been an understanding and communication . for it is impossible to be otherwise when the alphabets are settled on both sides , by being their numeral letters ; as it was plainly in king david's time by the octonaries of the 119th psalm , as it stands in the middle of the bible ; and as it was in homer's time in greece ; or else the old scholiasts have deceived me , who say that homer purposely couched the number of all his books in the first word of his iliads 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which numerals stand for 48. the greeks likewise taught the welch to tell twenty , and i believe they taught the romans too . now by the same rule , if there was a very ancient folkmote in the neighbouring kingdom of france upon every kalends of may , then perhaps king arthur borrowed from them ; and it is good to look upon their kalends , because it is possible they may give light to ours . the french kalends of may lie thus in radulphus de diceto , a famous dean of paul's in king john's time , whose history was thought so authentick , that the english parliament , in edward the first 's time , relied upon his testimony , amongst some others , in no less a point than the claim of the king of england , to the supream dominion of the realm of scotland . as to our present business he has these words , abbreviat . chronicorum , pag. 439. abhinc francorum regibus à solita fortitudine & scientia degenerantibus , regni potentia disponebatur per majores domus , regibus solo nomine regnantibus ; quibus moris erat principari quidem secundum genus , & nil agere vel disponere praeterquam irrationabiliter edere & bibere domique morari , & kal. maii praesidere coram totâ gente & salutari , obsequia & dona accipere & rependere , & sic secum usque ad alium maium permanere . i will render the sense of it into english as near as i can : however the latin lies before every man to translate it for himself . from henceforward the french kings degenerating from the valour and learning which they used to have , the power of the kingdom was administred by the masters of the palace , the kings themselves being upon the matter only titular ; whose custom it was to come to the crown indeed according to their descent , and neither to act nor order any thing , but to eat and drink unconscionably and to live at home , and upon the kalends of may to preside in an assembly of the whole nation , and there to be addressed , to receive their allegiances , and aids or benevolences , and to remercie them , and so to retire to the same life again till another may came . this french kalends of may , is so much a picture of ours , that i know not which is the copy , nor which the original . their's was an assembly of the whole nation ; so was our's . annual and anniversary ; so was our's . it was 〈◊〉 gens kal. maii , in france . our folkmote looks extreamly like it in those two strokes . statutum est enim quod ibi debent populi omnes , & gentes universae singulis annis , semel in anno scilicet convenire , scilicet in capite kal. mati . for it was appointed by statute that all the people and counties universal should meet together at the folkmote each year , namely , once in the year , namely , in the beginnings of the kalends of may. the king used to have fine speeches made to him in france ; so had we . they swore allegiance to him ; so did our folk . they gave him gifts ( it was not new-year's tide ) aids , benevolences , call them what you will ; and our people at the same time , as sir h. spelman said above , consulted of peace and war , which cannot be managed without ways and means of raising money , which is the sinews of war , as laws are of peace . the word rependere at last in the french kalends looks so like our french form of the royal assent given to a money bill , le 〈◊〉 remercie ses loyals sujects , that i knew not how to render the word rependere , any otherwise than i did , by the word remercie . i know that the year 662 , was below k. arthur's time , but it appears that when the french government was utterly spoiled in the merovingian family , as to the other points , still they retained the old custom of the kalends of may ; so that it was of much greater standing . the conclusion . and thus i have finished what i at first propoundded ; but under such difficulties and disadvantages of a broken health , as i do verily believe never book was written . and for that reason , i am certain that the very great personages to whom i ventured to offer it , ( though it was upon presumption of a better performance ) will bear with it ; to whom i wholly submit it with all deference : and if one single word of it should happen to be against law , i here revoke it before hand . and for the same reason i earnestly desire all antiquaries and learned men to look further into this matter , because i my self cannot : and as they see cause , either to confirm or confute my notion , which is indifferent to me , because i only seek truth . i do not speak thus doubtingly concerning annual parliaments , for i am positive in them ; but if people will have the utmost of antiquities , and the very original of the wisest and justest government in the world , they must sometimes be content to read with letters that are somewhat worn ; though i have been of opinion for many a year , that the kalends of may were very legible . and i am sure that i have by this time gained my point , which was to set wiser men upon thinking . i was afraid that this government would float and move upon the face of the waters , till we were at a certainty about our parliaments ; and therefore when i waited upon my lord devonshire before the coronation , and it is my fault i have not done it often since , i said that we were never the better for this revolution till we had a settlement of parliaments , and our ancient right was anniversary parliaments , and that nothing else could set the government to rights . knowing how much he had assisted the king , and seeing the white staff in his hand , i concluded upon his interest with the king , and therefore said ; my lord , you may make a complement of this matter to the king , and tell him that we must have good laws , in a good reign , or never , for we cannot have them in a bad one ; but the laws made in a good reign are to support us when a bad one comes , as the seven years of plenty in egypt , sustained the seven years of famine . it breaks no rules to repeat my own discourse to his lordship , and to say that he gave me the hearing , nor to say that a certain knight pulled me by the sleeve , which had no other effect than to make me speak the more , and the more earnestly to my lord in that matter . likewise when mr. johnston the present secretary of state for scotland , told me in the court of requests , that the bill of rights was going up to the house of lords , i wish'd at that time that all the rights were reduced to one line which was our right , to have a parliament every kalends of may. i tell these old stories to shew that i was always of the same mind , and that no court neglects nor disappointments have altered me ; and i will love this court whether they will or no , for i am sure that i laid the bridg that brought them over , and am pretty certain that they did not come hither in virtue of passive-obedience . finis . errata . p. 19. l. 6. dele the. p. 30. l. 11. for , the year before , read , some few years before . notes, typically marginal, from the original text notes for div a46947-e190 4 e. 3. c. 14. 36 e. 3. c. 10. an. dom. 662. l. l. ed. cons. cap. 35. de greve . the case of sr john champante, kt. respond to the appeal of sir robert dashwood, knight and baronet, sir samuel dashwood kt. john perry and edward noel, surviving executors of george dashwood, esq; deceased appellants. champante, john, sir, d. 1708. 1685 approx. 15 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a78559 wing c1924b estc r213759 99896904 99896904 135517 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78559) transcribed from: (early english books online ; image set 135517) images scanned from microfilm: (early english books, 1641-1700 ; 2456:9) the case of sr john champante, kt. respond to the appeal of sir robert dashwood, knight and baronet, sir samuel dashwood kt. john perry and edward noel, surviving executors of george dashwood, esq; deceased appellants. champante, john, sir, d. 1708. dashwood, robert, sir, 1662-1734. 1 sheet ([1] p.) s.n., [london? : 1685?] lpro copy found with items from the 1680s; may 1685 is latest date in text. reproduction of original in the folger shakespeare library, washington, d.c. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dashwood, robert, -sir, 1662-1734 -trials, litigation, etc. -early works to 1800. england and wales. -parliament. -house of lords -early works to 1800. england and wales. -court of chancery -early works to 1800. finance, public -ireland -early works to 1800. complex litigation -england -early works to 1800. 2008-03 tcp assigned for keying and markup 2008-05 spi global keyed and coded from proquest page images 2008-06 mona logarbo sampled and proofread 2008-06 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the case of s r john champante , k t respond . to the appeal of sir robert dashwood , knight and baronet , sir samuel dashwood kt. john perry and edward noel , surviving executors of george dashwood , esq deceased appellants . richard earl of ranelagh , and eight others ( whereof george dashwood the appellant's testator was one ) by indenture under the great seal of england , contracted and became undertakers with king charles the second to receive the whole revenue of ireland , and to pay the whole charge of that kingdom contained in the civil and military lists for five years , ending the 26th of december , 1675 ; and had two years time afterwards for collecting the arrears , and making good the payments grown due within the five years . a commission under the great seal of england , issued to the said undertakers , and in their absence in ireland , to others therein by them named to be their representatives ; wherein mr. edward roberts was named by the said george dashwood , to be his representative , and to act on his behalf . in virtue of which commission the now respondent was duly constituted deputy-receiver-general , vice-treasurer , and treasurer at war , who entred into bonds of 10000 l. penalty , for the execution of the said places and performance of his said trust , which he all along faithfully performed . but the said revenue proving defective , or at least not coming in fast enough to answer the ends and uses of the said undertaking ; and the undertakers being pressed to make payments according to their contract , the said undertakers and their representatives , or so many of them as were requisite in that behalf , to comply therewith , did by several orders and letters importune and direct the respondent to advance and lend , and to procure from others what money he could , upon the credit , and towards the support of the undertaking , and undertakers , under promise of being repaid and indempnified , and for which there was to be an allowance of 10 per cent. ( the usual interest in ireland ) besides gratuity and commission-money : many , if not all of which letters and orders were signed by george dashwood , or the said roberts his representative . pursuant whereunto , in order to support and preserve the credit of the said undertakers and undertaking , the respondent did lend and advance great sums of his own , and by direction of the undertakers in england , did become bound to sir john james , and others , residing in england , then unknown to the respondent , for great sums of money which were procured by the undertakers ; all which money so lent and procured by the respondent , were duly applied to the uses of the undertaking , and the undertakers for so much were discharged against the king upon their contract . two several accounts , the one ending christmas 72 , the other at christmas 73 , between the undertakers and the respondent , touching the undertaking , were made up , stated , and examined by the said roberts , and others employed by the undertakers for that purpose , and duly signed and passed , upon the foot of which last account there was a ballance of 5622 l. due to the respondent , which together with the other moneys afterwards lent , and secured by the respondent for the use and credit of the undertakers and undertaking ( besides what the undertaking produced ) did amount to above 24000 l. principal money ( besides interest , commission-money , & gratuity ) . to obtain satisfaction wherein , and to have his accounts setled , the respondent used great importunities with the undertakers , who all along owned the great service and kindness he had done them , by crediting them and the undertaking so far , and promised to give directions for stating and setling accounts , and to take effectual care for his payment and satisfaction . and in order thereunto about june 1677 , sir james hayes one of the undertakers went into ireland ; and he with john stepny , esq another undertaker , and john hayes brother of sir james , and interessed in the undertaking , having sufficient power , as they pretended , and as the respondent believes , from all the undertakers , to settle and conclude the affairs of the undertaking ( they being the only persons then acting therein ) , in august 77 , impowered the said roberts by an instrument under their hands , to make up , state , and certifie the respondent's accounts , from the 25. of decemb. 73 , to the 24th of june 77. in pursuance whereof the said mr. roberts , ( who was the same person imployed and relied upon by the undertakers to make up the former accounts ) with the assistance of the secretary of the undertaking , and two of their clerks , spent several months in stating the respondent's accounts , and comparing them with the vouchers , which justified the said accounts in all things ; and after the strictest scrutiny imaginable , two distinct accounts were made and closed in the same method as the two former accounts ; the one commencing the 25th of decemb. 73. and ending 25 decemb. 74 , and the other going on from thence to 24 june 77 , upon the foot of which last account there remained a ballance for principal money , ( not reckoning interest , commission-money , nor gratuity ) , the sum of 36454 l. 8 s. 8 d ¼ : and thereupon all the respondent's vouchers were delivered up , and abstracts thereof , and of the accounts were delivered to the undertakers , or their representatives . but the sum of 12295 l. ( which the respondent had received from sir john jame's agent as borrowed money , and as such had given bond , and became lyable for the same , by the direction of the undertakers ) not appearing at the time of making up the said accounts , but afterwards to be money due to the undertaking , the said edward roberts thought it proper to enter a memorandum thereof in the accounts , which caused a change and transcribing of some of the leaves , but no alteration of any sum , article , figure , or other thing in the said accounts , save the entry of the said memorandum , which reduced the ballance to 24159 l. 8 s. 8 d ¼ as is fully in proof in the cause , and hath been cleared to the satisfaction of the courts of exchequer , both in england and ireland , at the respective hearings of the cause , notwithstanding any seeming reflections upon the respond●nt concerning the same . it being evident , that the respondent had not , nor could have any advantage if the said memorandum had not been incert●d , for 〈…〉 obliged to pay the 12295 l. as above ; and when it was ●●●●●vered to be paid in england , and so not to be allowed again to the said sir john james in ireland , he had his security delivered up , which made the matter equal to this respondent . the respondent ( notwithstanding many promises ) not being able to get the money due to him , was forced to exhibit his bill for that purpose , in the exchequer in ireland , against the said undertakers and their representatives , some of which being brought to hearing , and the bill against others taken pro confesso , a decree was made for the now respondent's recovering the said 24159 l. 8 s. 8 d. ¼ , against the then desendants , with his costs ( no mention being made of interest , commission-money , or gratuity , but that left to be recovered afterwards ) . but the earl of ranelagh exhibiting a cross-bill against the now respondent , procured a re-hearing of the cause , which being had , and taking up six several days , in june 1684. the said court of exchequer approved the authority given to roberts , and the accounts by him made , the undertakers and their representatives having free access to all the now respondent's books , and to all the offices of cheque in that kingdom , and having in their custody the respondent's vouchers delivered up , with several other particular accounts of his daily receipts and payments , the said court upon full and mature deliberation of the whole matter , was pleased to affirm the former decree , as well against the said earl , as other the defendents , for paying to the respondent the said 24159 l. 8. s. 8. d. ¼ . that decree proving in a great measure ineffectual in ireland , in regard the appellant's testator , ( upon whose credit and ability the respondent mainly depended in his whole proceedings ) and some other of the undertakers having no estates nor effects there , but living in england , the now respondent was forced to exhibit his english bill in the exchequer in england , in easter-term 1685 , against the surviving undertakers , and the executors and administrators of those deceas'd , for obtaining what was due to him ; being at that time about 56000 l. for principal , interest , commission-money , and gratuity ( and no part thereof since paid ) . the defendants to the said bill ( whereof the now appellants were some ) used so great delay , that it was four years before the cause could be brought to an hearing . and for further delay a cross bill was exhibited by the now appellants , and other the defendants in the same term , the respondents cause stood for hearing , with design to put off the hearing of the respondent's cause ; however it came to hearing in easter-term 1689. and then , and in trinity-term following , it took up eight days ; and the court did decree the two first accounts made up by the said mr. roberts to be final and conclusive . and as to the two last accounts , made up till midsummer 1677 , the court considering the impossibility the respondent lay under , by reason of the length of time , and the present state of ireland , and delivery up of his vouchers to come to a new account for the same , did not think fit to adjudge them conclusive , nor to reject or disallow of the same as stated and closed accounts ; but in case the defendants had any material objections to offer against the particulars thereof , it was referred to the two auditors of the imprests to inspect and examine the same ; and also whether the same were made up and stated in the method of the two former accounts , and wherein they did agree or differ from the same ; and decreed the respondent to be examined upon interrogatories , and the auditors to resort to the court for directions , in , case of difficulty . that some of the defendants pretending they could shew reasons why they should be exempted out of the said decree , from going to an account before the said auditors , there was a clause in the said decree , viz. that such of the defendants as sought to be exempted from accounting , should bring their case to the barons to consider of ; whereupon ( amongst others ) the now appellant's , whose testator lived till the year 1682 , brought in their case , pretending their testator in may , 1674 , assigned his interest in the undertaking to the said sir james hayes , and pretended that the respondent had notice thereof ; and that therefore they ought not to be accountable from that time , or at least longer than christmas 1675 , when the time of the undertaking ended . upon hearing of which , and upon full debate of the matter , the appellants not having proved any notice , ( though they had opportunities for that purpose ) the court did ( as is humbly conceived was just ) declare their opinion , and so ordered that the appellants should be included in the whole account , they having not filed any interrogatories pursuant to the decretal order , though the respondent all along offered himself to be examined . against which said orders the said appellants have appealed to the most honourable house of lords , under pretence as if the court of exchequer refused to hear their witnesses , viva voce , to prove notice to the respondents of their testators assignmment . when as in truth none such were ever produced , and it was in issue in the cause , and roberts , dashwoods representative examined upon interrogatories , as to notice of the assignment , and all opportunities offered for such proof , if it could have been made out , but it was and is evident that none was ; and mr. dashwood wrote several letters , which were prov'd by several witnesses , and his representative acted in ireland as concerned in the undertaking , after the time of the pretended assignment , and during the two years after the undertaking ended , which by their indenture with his majesty , they had to collect their arrears in , and to make good the payments grown due within the five years . as to passing the orders complained of , they were done in usual method , and the appellants had time and opportunity to incert what of the answers they pleased , the draught of the decretal order being left with their clerk in court and soliciter , a month before it was entred . and as to the incerting the pretended allegations of council into the last orders , they being meer suggestions , and no memorial taken of them by the register , the order was drawn up without them , as is conceived was both just and usual . wherefore , and for that the appellant's pretences are some of them vain and groundless , others utterly untrue , and all of them made only for delay , to keep the respondent from recovering so great a sum of money justly due to him , his being kept out of which for above twelve years last past , hath reduced him and his family to great straits , and all further delays will tend to his utter and inevitable ruine . it is therefore most humbly prayed , that the appeal may be dismissed , and the respondent left to proceed and prosecute upon the said orders ; and decrees . notes, typically marginal, from the original text notes for div a78559-e10 4 aug. 1671. 23 sept. 71. 8 nov. 71 . 12295 l. nov. 1678. may 1685. the manner how statutes are enacted in parliament by passing of bills collected many yeares past out of the iournalls of the house of commons by w. hakewil ... ; together with a catalogue of the speakers names. hakewill, william, 1574-1655. this text is an enriched version of the tcp digital transcription a43889 of text r11690 in the english short title catalog (wing h211). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 111 kb of xml-encoded text transcribed from 84 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a43889 wing h211 estc r11690 12152268 ocm 12152268 55081 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43889) transcribed from: (early english books online ; image set 55081) images scanned from microfilm: (early english books, 1641-1700 ; 599:8) the manner how statutes are enacted in parliament by passing of bills collected many yeares past out of the iournalls of the house of commons by w. hakewil ... ; together with a catalogue of the speakers names. hakewill, william, 1574-1655. [18], 148 p. printed by t.h. for iohn benson ..., london : 1641. "a catalogue of the names of the speakers of the commons house of parliament": p. 105-148. reproduction of original in the university of illinois (urbana-champaign campus). library. eng england and wales. -parliament -rules and practice. england and wales. -parliament. -house of commons -speaker. england and wales. -parliament. -house of commons. a43889 r11690 (wing h211). civilwar no the manner how statutes are enacted in parliament by passing of bills. collected many yeares past out of the iournalls of the house of commo hakewill, william 1641 17866 6 0 0 0 0 0 3 b the rate of 3 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2008-01 tcp assigned for keying and markup 2008-02 spi global keyed and coded from proquest page images 2008-04 elspeth healey sampled and proofread 2008-04 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the manner how statvtes are enacted in parliament by passing of bills . collected many yeares past out of the iournalls of the house of commons . by w. hakewil of lincolnes inne , esquire . together with a catalogue of the speakers names . london , printed by t. h. for iohn benson , at st. dunstans church yard . 1641. cum privilegio . the preface . having about thirty yeeres past , the free use and perusall of all the iournalls of the commons house of parliament , from the first yeare of k. edward the sixth , being the most ancient that they have ) untill that time . and being unwilling to lose the advantage of that opportunity , i read them all through , and whatsoever i conceived to tend to the rule of the house , ( wherein i was the better inabled to udge , in respect i had served in divers parliaments , or sessions of parliament before that time ) i reduced under apt parliamentary titles : amongst the rest in this chapter of passing of bills , i was the more sedulous , because it is indeed the daily and most proper worke of that house , wherein i have beene carefull , not to propose any thing for a rule , for which i have not vouched the authority of the iournall . those my collections , i imparted many yeeres since to some of my friends ( which being by the length of time multiplied into very many copies ) one of them ( and i thinke the falsest written of all the rest ) was without my knowledge lately printed , and by the negligence of the printer , the errors of the copie were much increased , insomuch that it pleased the honourable house of commons , ( because it concerned their orders ) to take notice thereof , and take some order therein ; by which i was induced to make this publication , being otherwise very unwilling to have appeared in print , and to have subjected my selfe to publique censure . it were ( in my poore opinion ) to be wisht , that the same course were taken by the house of commons , as was by the lords in 18. iacobi regis , who appointed a committee for the collecting of the rules and orders of that house ; which being collected , they caused to be fairly ingrossed in a roll of parchment , which by order is alwaies read in the beginning of every parliament , and resteth in the custody of the clarke of that house , to be presently resorted unto upon all occasions , where by much of their pretious time is saved , which other wise perhaps would have beene spent in the debating of the rules and orders of their house . another excellent order was made by their lordships , that once every weeke , a committee appointed for that purpose , that should peruse and perfect the clarkes notes , and that at the end of every session , all the orders of that session should bee ingrossed in vellam , and fairely bound up , which course first began in the time , when my worthy friend master henry elsynge that most industrious and able gentleman , was clarke of that house , and hath continued ever since ; whereas before that time all their iournalls ( of which the most ancient are from the begining of king henry the eight ) are in paper , as are those of the commons house , but more fairely written . if to this care of perfecting of the iournalls of the house of commons , there were some provision made by that house , for the safe preserving of them , answerable to that which the lords have , whose clarke hath a house belonging to him , and his successors , where all their records are kept to posterity , the iournalls and records of the commons house , would not ( as now they may ) come to the hands of executors or administrators , and bee removed to and fro in hazard of being lost , or corrupted and defaced , as is well knowne that some of them have beene , and that in passages of the greatest moment , whereby the common wealth may receive great prejudice if it be not prevented , which my humble propositions , i do ( together with this treatise ) in all humility submit to the great wisdome of that honourable assembly , by whose favor this is published : wil . hakewil . the contents by whom bills are drawne and presented to the parliament , fol. 1 orders to be observed in preferring of bills to be read , 6 touching the first reading of bills , 10 touching the second reading and committing of bills , 19 touching the third reading of bils , 33 touching provisoes , schedules , amendments , and amendments of amendments , 45 touching the sending of bills from one house to the other , 68 touching the royall assent , 74 a report of divers memorable passages between both houses in the parliament , 18. eliz concerning the adding of a proviso by the commons , unto a bill sent to the lords , ingrossed and signed by the queene , and passed by the lords for the restitution in blood of a certaine lord , and sent downe by the lords to the house of commons . a catalogue of the names of the speakers of the commons house of parliament . pag. 105 petrus de mountford . pag. 106 scroope . 107 sir peter de la mare . 107 sir thomas hungerford . 108 sir peirce de la mare ibid. sir james pickering . ibid. sir john goldesborough . ibid. sir richard walgrave . 109 sir james pickering . ibid. sir john bushey . ibid. sir john bushey . 110 sir john cheney . 111 john dorewood . 112 sir arnold savage . ibid. sir henry de redeford . 113 sir arnold savage . ibid. sir william sturney . 114 sir john cheyney . ibid. sir john tibtoft . ibid. thomas chanser . 116 william stonrton . ibid. john doreward . 118 thomas chanser . ibid. walter huugerford . ibid. richard redman . ibid. sir walter beauchamp . ibid. roger flower . 119 richard bayuard . ibid. john russell . 120 sir thomasa wuton . ibid. richard vernon . ibid. john tirell . ibid. mr. william allington . ibid. iohn tirell . 121 iohn russell . ibid. roger hurst . ibid. iohn bowes . ibid. sir iohn tirell . ibid. sir iohn tirell . 122 william boerly . ibid. william tressam . 123 william burley . ibid. william tressam . ibid. iohn day . ibid. sir iohn popham . ibid. william tresham . 124 sir william oldham . ibid. thomas thorpe . 125 sir thomas charlton . 126 sir iohn wenlock . ibid. thomas tresham . ibid. iohn greene . ibid. sir iames strangwayes . 127 iohn say . ibid. william allington . ibid. iohn wood . ibid. william catesbey . ibid. thomas lovell . 129 iohn mordant . 130 sir thomas fitzwilliams . ibid. richard empson . ibid. sir reginald bray . 131 robert drury . ibid. thomas inglefield . ibid. edmond dudley . ibid. sir thomas inglefield . 132 sir robert sheffeild . ibid. sir thomas nevill . ibid. sir thomas more . 133 thomas audeley . 134 richard rich. 135 sir nich. hare . ibid. thomas moyle . 136 sir iohn baker . 137 sir iames dyer . ibid. iohn pollard . 138 clement higham . ibid. iohn pollard . 139 william cordall . ibid. sir thomas gargrave . 140 thomas williams . ibid. richard ousloe . 141 christopher wray . ibid. robert bell. 142 iohn popham . ibid. mr. serjeant puckering . 143 mr. serjeant snagg . ibid. edward cooke . 144 mr. serjeant yelverton . ibid. mr. serjeant crooke . 145 mr. serjeant phelips . ibid. sir randall crew . ibid. sir thomas richardson . 146 sir thomas crew . ibid. sir thomas crew . 147 sir heneage finch . ibid. sir iohn finch . ibid. iohn glanvile . 148 william lenthall . ibid. finis . the passing of bills . chap. i. sect. i. by whom bills are drawne , and presented to the parliament . publique bills are usually drawne by such of the house ( with the advice of lawyers ) as of themselves are earnestly inclined to the effecting of some publique good , which requireth the assistance of some new law , which being faire written in paper , with wide lines , they are either by some member of the house publiquely presented to the speaker in the house , with some short speech setting forth the needfulnesse of a law in that behalfe , or are delivered in private to the speaker or the clarke of the parliament , to bee presented to the house at some time convenient . and it is in the choice of the party to preferre his bill . first , into the lords house , or the house of commons which he list , and as he shall thinke it may most advantage his cause . many times upon the motion of some one of the house ( wishing a law were made for provision to bee had in such a case , ) a committee is purposely appointed by the house to draw a bill to that effect ; which being done , one of them presenteth it to the speaker . this is usuall in cases of great moment and difficulty . the bill for subsidies is usually drawn by some of the kings councell , after the substance thereof , for the number of subsidies & fifteenes to be granted , and the times of payment , is first agreed in the house . the preamble thereof containeth the causes of the grant , which is usually drawne by some principall member of the house , being a selected committees for that purpose . bills for the revivall , repeal or continuance of statutes , are usually drawn by lawyers being members of the house , appointed thereunto by the house upon some motion to that purpose made , which is usuall at the beginning of every parliament . private bills are usually drawn by councellors at law not being of the house , and sometimes by those of the house ( and that for their fees ) which howsoever it hath beene held by some to be lawfull , yet it cannot be but very inconvenient , seeing they are afterwards to bee judges in the same cause . a bill hath beene sent to the speaker signed by the hand of queene elizabeth with speciall commandment to be expedited , but that is a rare case and very extraordinary , yet such was her majesties favour to sir thomas perrot in a bill for his restitution in bloud as it appeareth by the clerkes iournall 35. elizabeth 26. martii . such bills as being first passed in one house are sent unto the other , are alwaies sent in parchment fairely ingrossed . thus much touching the first drawing and presenting of bills to the parliament . sect. 2. orders to be observed in preferring of bills to be read . publique bills are in due course to be preferred in reading and passing before private : and of publique , such as concerne the service of god and good of the church . secondly , such as concerne the common-wealth , in which are included such as touch the person , revenue , or houshold of the king , queene or prince , and they ought specially to be preferred in passing . lastly , private bills should bee offered to be read and passed in such order as they were preferred . there have beene oftentimes orders in the house , that after nine of the clocke , when usually the house groweth to bee full , they should not bee troubled with the reading of any private bill : and towards the end of the parliament , when there remaineth many bills in the house undispatched , there hath beene a speciall committee appointed to take a survey of them , and to marshall them by their titles in such order as they should thinke fit ; they should bee preferred to their passage , having respect to the importance of the matter which they concerne . it hath at sometimes beene ordered , that every one that preferreth a private bill should pay five pound to the poore , which was done 43. eliz. towards the end of the parliament when they were troubled with much businesse , but it holdeth not in other parliaments . in the treatise de modo tenend. . parliamet . which i have seene exemplified under the great seal of ireland in the sixt of henry the fourth , testifying the same to have beene sent into ireland by henry the second , for a forme of holding parliaments in that kingdome , of which i have a copy there is ( touching the order of preferring of bills ) this clause found . petitiones suntaffilate sicut deliberantur , & sic per or dinem leguntur & respondiantur , sed prime determinentur quae ad guerram perti nent , postea de persona regis & regine & puris suis , ac gubernationem corum & postea de communibus negotiis terrae ; sicut est de legibus faciend . & emendend . ( viz. ) originalibus judicialibus & executoriis post judicium reddit , & post singulares petitiones secundum quod sunt super filariis . but the speaker is not precisely bound to any of these rules for the prefering of bills to bee read or passed , but is left to his owne good discretion ( except he shall bee especially directed by the house to the contrary ) and howsoever hee bee earnestly pressed by the house for the reading of some one bill ; yet if he have not had convenient time to read the same over , and to make a breviat thereof for his memory ; the speaker doth claime a priviledge to deferre the reading thereof to some other time . and thus much touching the order of preferring of bills , to be read or passed . now followeth touching the reading or passing of them . sect. 3. touching the first reading of bills . the clarke being usually directed by the speaker ( but sometimes by the house ) what bill to read , with aloud and distinct voice , first res●…eth the title of the bill , and then ( after a little pause ) the bill it selfe ; which done ( kissing his hand ) hee delivereth the same to the speaker , who standeth up uncovered ( whereas otherwise hee sitteth with his hat on ) and ( holding the bill in his hand ) saith , this bill is thus intitn'ed ; and then readeth the title ; which done , he openeth to the house the substance of the bill , which hee doth either , trusting to his memory , or using the helpe or altogether the reading of his breviat , which is filed to the bill , sometimes reading the bill it selfe , especially upon the passage of a bill , when it hath beene much altered by the committees , so that thereby it differeth very much from the breviat . tertia sessione 1. parliament . iac reg. it was ordered that the committees which amended the bill , should likewise amend the breviat in the principall matters for the case and direction of the speaker . when hee hath thus opened the effect of the bill he declareth to the house that it is the first reading of the bill , and delivereth the same againe to the clarke . the bill containing the kings generall pardon hath but one reading in the lords house , and one below : the reason is , because the subject must take it as the king will give it , without any alteration : and yet many times exceptions are taken at the reading thereof , for that it is not so favourable as in former times . the like of the bill of subsidies granted by the clergie . that day that the speaker being approved by the king , commeth downe into the commons house to take his place , the custome is to read for that time only one bills , left unpast the last sessions , & no more , to give him seisin as it were of his place , 39. eliz. 27. octo. the usuall course is to spend the morning before the house grow full in the first readings , and to defer the second or third reading till the house grow full . at the first reading of the bill it is not the course for any man to speak to it , but rather to consider of it , & to take time til the second reading ; yet it is not altogether without president that a bill hath beene spoken for , and against upon the first reading , which is very seldome , and onely in cases where the matter of the bill is apparently inconvenient and hurtfull to the common-weale , and so not fitting to trouble the house any longer ; but at the first reading no man in ordinary course should speake to any one part of the bill , or for any addition , for thereby it is implied that the body of the bill is good , which till the second reading doth not regularly come to the triall . if any bill originally begunne in the commons house upon the first reading happen to bee debated to and fro , and that upon the debate the house do call for the question , it ought to be not whether the bill shall be secondly read , for so it ought to bee of ordinary course , but whether it shall be rejected in this sort as many as are of opinion that this bill shall be rejected ( say yea ) as many as are of the contrary mind ( say no ) and the greatest number of voices shall carry it , 43 eliz. 17. november . the bill against unlawfull hunting . 5. sess. iac. reg. 25. october . if a bill comming from the lords bee spoken against , and pressed to be put to the question upon the first reading , the speaker in favour and respect thereto , should not make the question for the rejection , as in bills originally begunne in the commons house upon the first reading , but should first make the question for the second reading : and if that bee denied , then for rejection . this course was usually held by sergeant phillips when he was speaker . but usually when any such debate is upon the first reading of a bill , the speaker doth forbeare to make any question at all thereupon , except he be much pressed thereto , for that it were fit better to consider of it before it be put to such a hazard . if the question for the rejection bee made , and the greater voice be to have it rejected , the clarke ought to note it rejected in his journall , and so to indorse it upon the backe of the bill , and it shall bee no more read ; if the voice be to have the bill retained it shall have his second reading in course . it is against the ordinary course that the same bill should be read more then once in one day , yet for speciall reasons it hath beene suffered , that private bill have beene in one day read twice ; as in the aforesaid case of sir thomas perrot though it were a private bill ; so was it likewise done in the bill for the assurance of lands given by master sutton for charitable uses , because he was taken then extreame sick , and that it was doubtfull whether hee might live while the bill might have his passage in ordinary course . and it is likewise done sometimes when the house lacketh other businesses wherein to imploy themselves , especially if the bill be of no great importance , howsoever it is never but upon motion and speciall order . when speciall committees appointed for the drawing of some one speciall bill , present the same ready drawne unto the house : it hath beene often seen that the same bill hath beene not onely twice read , but ordered also to bee ingrossed the same day as it was in the bill against counterfeit seales , 23. eliz. 16. feb. and in the bill against disobedience to the queene 4. martii of the same parliament . neither is it without president that a bill hath beene thrice read and passed in the same day ; as was the bill of recognition of his majesties title which came from the lords , 1. iac. reg. sess. 1. but this is a president that standeth alone , and in that case it was resolved that the bill might not be returned to the lords without a copy , first taken thereof by the clarke to bee reserved in the commons house . sect. 4. touching the second reading and committing of bills . a bill may bee preferred to be secondly read the next day after the first reading , but the usuall course is to forbeare for two or 3. daies , that men might have more time to consider upon it , except the nature of the businesse be such that it requireth haste . after the bill is secondly read , the clarke as before in humble manner delivereth the same to the speaker , who againe readeth the title and his breviat as hee did upon the first reading , which done , hee declareth that it was now the second reading of the bill , and then hee ought to pause a while , expecting whether any of the house will speake to it , for before the speaker hath so declared the state of the bill , no man should offer to speake to it ; and then and not before is the time when to speake . if after a pritty distance of time no man speake against the bill for matrer or forme , he may make the question for the engrosing thereof , if it be a bill originally exhibited into the commons house . so likewise if divers speak for the bill without taking exception to the forme thereof , hee may make the same question for the ingrosing . the like question for the ingrosing ought to bee made , if the greater voice bee that the bill shall not be committed , for it were to no end further to delay the proceeding of the bill if there bee no exception taken to the matter or forme thereof , but upon the second reading , and after the speaker hath dilivered the state thereof , the house doth usually call for the comitting of the bill , and then if any man will speake against it either for matter or forme , he ought to be heard . after the first man hath spoken , the speaker ought to rest a while expecting whether any other man will speake thereto , so ought he likewise to doe after every speech ended , when he perceiveth that the debate is at an end , hee ought then to make the question for the committing thereof in this sort . as many as are of opinion that this bill shall bee committed say ( yea . ) and after the affirmative voice given , as many as are of the contrary opinion say ( no . ) and hee ought by his eare to judge which of the voices is greatest , if that be doubtfull , the house ought to bee divided touching the manner , whereof there shall bee more said in another place . if upon division of the house it appeares that the numbers are equall , the speaker hath the casting voice upon all questions . if it appeare that the affirmative voice bee the greater , then ought hee to put the house in minde touching the naming of committees , which is done in this sort . every one of the house that list may call upon the name of any one of the house to be a committee , and the clarke ought in his journall to write under the title of the bill the name of every one so called upon , at leastwise of such whose names ( in that confusion ) he can distinctly heare , and this hee ought to doe without partiality either to those that name , or to the party named . but touching the naming of committees , and their duties , more shall bee said in another chapter . but hee that speaketh directly against the body of the bill , may not be named a committee , for he that would totally destroy will not amend . when a convenient number of committees are named , then ought the speaker to put the house in minde to name time and place , when and where the committees may meete , which the clarke ought likewise to enter into his journall booke , and when the house is in silence , he ought with a loud voice to read ( out of his booke ) the committees names , and the time and place of the commitment , that the committees may take notice thereof . after a bill which is sent from the lords hath beene twice read , the question ought to bee for the commitment , if it be denied to be committed , it ought then to be read the third time , and then the next question ought to be for the passage and not for the ingrosing , as it is where the bill originally beginneth in the lower house , for bills which come from the lords come alwaies ingrossed . this question for the passage should in ordinary course be then made when the bill is denied to be committed , but not till the bill have beene read the third time . if that question for passage be deferred till another day , it hath beene much doubted whether it may then bee then offered to the passage ; but upon debate of this point after many arguments to and fro , anno 27. eliz. 18. february by the opinion of sir francie walsingham , then one of the house , and by order of the whole house it was agreed it might be done . the bill then in question was the bill against fraudulent conveiances . fol. 85. & 86. in the clarkes booke for that yeare , so it was done 1. sess. 1. parliament . iac. regis for the bill of hunting . but this president is not so safe , for the house considering that oftentimes the bill is denied to bee committed upon utter dislike thereof , after it hath beene long debated ; and yet if that rule should hold , there may be a time picked out of great disadvantage to the house to put it to question for the passage . in the debating of bills in the house no man may speake twice in one day , except the bill bee oftner read then once , and then a man may speake as often as the bill is read , otherwise it is at committees , or when in the house the debate ariseth upon some motion concerning the order of the house ; but touching the manner of speaking , and what orders shall be observed therein , more shall be said elsewhere . when the committes have fully resolved touching the bill , and the amendments thereof ; one of them by the consent of al the rest ought to make report thereof to the house , opening the substance of the things amended , and the reasons thereof ; which done , hee ought to bring the bill so amended to the clarke , and to stand by the clarke all the while that the clarke is reading of theamendments , and ought to helpe the clarke in reading of the same in case it be difficult to bee read , which falleth out very often by reason of interlineing or ill writing . the clarke ought to read every amendment and interlineing twice , that so it may have as many readings as the rest of the bill hath had , and very many times it will fall out that the inlineing and amendments so read by the clarke , will of it selfe ( without reading of the clause going before or following ) bee no sense , yet notwithstanding the clark ought only to read the new amendments without medling with any of the rest of the bill , for it is intended that the reporter hath declared to the house the reason of the amendment , and the connexion thereof to the rest of the bill to make it sense . and it hath sometimes beene permitted ( when the amendments have beene many , and ill written ) that the whole bill hath beene first read , and then the alterations by themselves . the bill of hostile lawes . 3. sess. 5. parliamen . iac. reg. 4. iunii 1607. after the amendments thus read , the clarke ought to deliver the bill unto the speaker , who ( holding the same in his hand ) ought againe to read the title thereof , and to put the question whether or no it bee the pleasure of the house that the bill thus amended shall be put to the question for ingrossing , and then ought to pause a while , expecting whether any man will speake to it or no ; for it is as free for any man to speake against the bill at this time , though it hath passed the approbation of the committees , as it was at the second reading before the same was committed . and after the debate is ended , the speaker ought to put the question for ingrossing . if the greater number of voices be that the bill ought not to be ingrossed , the clarke ought to make an entry in his journall , that the same was dashed , and so ought hee likewise to note upon the backe of the bill , and the day when . if the voice be to have it ingrosed , it is the office of the clarke to do it . it is alwaies to bee observed that when the bill is ingrosed , the clarke ought to indorse the title thereof upon the backe of the bill and not within the bill in any case . so ought likewise such bills as come from the lords to have titles ingrossed upon the backe of the bill , and not within : in defect whereof , divers bills comming from them , have beene returned to bee amended , as may appear by the journalls 27. eliz. 19. decem. 13. e. 27. may , 39. e. 24. octob. 4. sess. 1. parliament . lac . reg. 5. maii. the bill as it is amended by the committees ought to remaine with the clarke for his warrant , and it is not an ordinary course to cause the bill so amended to bee fairely written for the better ingrosing thereof ; yet hath it been seene that a bill ill written in the amendments hath beene returned to the committees to bee fairely written , and by them presented to the house ; and upon the reading thereof ingrosed , 27. eliz. fo. 91. in the journall . at sometimes it hath beene ordered that a bill so written should bee proceeded in as a new bill , 23. eliz 28. feb. 27. eliz. fo. 91. in the clarkes booke or journal . after a bill hath beene committed and is reported , it ought not in an ordinary course to bee committed , but either to bee dashed or ingrosed ; and yet when the matter is of importance , it is sometimes for speciall reasons suffered : but then usually the recommitment is to the same committees . the bill against the marshall sea , 3. sess. 1. parliament . iac. reg. 30. aprill 1607. was committed and reported and councell heard at the bar . whereupon it was recommitted and other committees added who altered the former proceedings , and it was agreed that the former proceedings were waved , and the latter good . sect. 5. touching the third reading of bills . some two or three daies after the bill is thus ordered to bee thus ingrosed , and is accordingly ingrosed ; it is offered by the speaker to bee read the third time for the passage thereof . for the most part , the speaker putteth not any one bill to the passage by it selfe alone , but staieth till there bee divers bills ready ingrosed for the third reading ; and when he hath a convenient number ( which may bee five or six , rather lesse then more ) then hee giveth notice to the house that he purposeth the next day to offer some bills to the passage , and desireth the house to give speciall attendance for that purpose , and then the day following he doth accordingly put them to the third reading . first , private bills untill the house bee growne to some fulnesse , and then offereth to bee read the publique bill which are ingrosed . it hath at sometimes beene ordered for the preventing of carrying of bills , with few voices , that no bills shall bee put to the passage untill nine of the clock , at which time the house is commonly full , or shortly after . when the bill is read the third time , the clarke delivereth it to the speaker , who readeth the title thereof , and openeth the effect of the bill , and telleth them that the bill hath now beene thrice read , and that ( with their favours ) hee will put it to the question for the passing , but pauseth a while , that men have liberty to speake thereto , for upon the third reading the matter is debated afresh , and for the most part it is more spoken unto this time then upon any of the former readings . when the argument is ended the speaker ( still holding the bill in his hand ) maketh a question for the passage in this sort ; as many as are of opinion that this bill should passe say yea &c. if the voice be for the passage of the bills , the clarke ought to make a remembrance thereof in his journall . if otherwise , then his remembrance must be made accordingly . upon the bill thus passed ( if it be the bill originally exhibited in the house of commons ) the clarke ought to write within the bill on the top towards the right hand these words soit baille aux selgneurs . if the bill passed be a bill originally begunne in the lords house , then ought the clarke to write underneath the subscription of the lords , which alwayes is at the foot of the bill , these words , a cest bille les comuns sont assentus . there are divers other formes of signing of bills , sometimes when new additions are made , sometimes when provisoes are added , of which more ample mention shal be made in the chapter which treateth of the dutie of the clarke . if the house see cause to amend any thing in a bill originally begunne in the commons house upon the third reading thereof , and that the amendment thereof will not much deface the bill , nor spend much time , the use is to cause the serjeant to call in the clarke that did ingrose it ( being usually a servant to the clarke of the house and to cause him standing at the table , by his master , in the presence of the whole house , to amend the same according to their direction . sometimes if the amendments bee but of a few words , it is done by the clarke himselfe , writing of a faire hand . it hath sometimes beene seene ( which is rarely yeeleded unto , and onely in cases where the bill to bee passed is of good importance ) that if a question grow for the amendment of some clause , or for the making of some addition thereunto , that it hath beene recommitted for the amendment thereof : but then usually the committees are appointed forthwith to withdraw themselves into the commitee chamber , and presently to dispatch the same . the bill concerning rites and ceremonies , at the third reading was referred to bee farther considered red of , 14. elizab. 20 maii , and in 43. elizab. 2. decembr . the bill to avoid double payment of dibts , 13. sess. 1 . parliament . iac. reg. master bathwests bill being ready for the question to passe , was deferred for eight dayes , that the other part might have notice , and then passed without further opening . quod nota . no bill upon the third reading for the matter or body therof , may be recommitted , as hath been said , but for some particular clause or proviso it hath bin some times suffered ; and that difference was taken for a rule in the bill for seasands , 4. sess. 4. maii 1610. in the third sessions of the first parliament of king james , 12. die maii , the bill of cloathing being ingrossed , and read the third time , exception was taken to the last proviso thereof , whereupon after much debate it was recommitted ; which is to bee observed as a thing unusuall after the third reading . the next day if was returned againe by the committees , with their opinions that they held it fit that a proviso therein should be strucke out ; whereupon the question grew whether the proviso being put to the question alone , and rejected , the whole bill should not be dashed , thereby at last resolved no ; whereupon the proviso being put to the question and rejected , it was ordered it should bee razed out of the bill , which was presently done at the board , by the clarke , and the bill was put to the question , and so passed . the like in the bill concerning wherrymen the same session , 18. maii 1607. it hath beene much doubted , whether when a bill is in debate for the passage , it ought not to receive the resolution of the house the same day wherein it is first offered to the passage , but there have of late been some presidents , where the case being of some importance , and the debate growing long , the argument hath beene put over till the day following , in which case hee that hath already spoken to the bill the fist day , may not againe speake the second , no more then he may speake twice in one day where the argument is not deferred to another day . if a bill be rejected , the same bill may not bee offered to the house again the same session ; but if it bee altered in any point materiall both in the body and in the title , it may bee received the second time . in the time of the reading of a bill , the house should not bee interrupted with any other busines , and yet in 1. eliz. 24. maii , the house adjourned it selfe till the next day , after the bill for sealing cloathes was halfe read , onely to bee present at the conference about religion in westminster abbey . sometimes the house conceiving much offence against some bills , doth not onely order it to be rejected , but to be torne in the house ; as it was done in the bill to avoid aliens not being here for religion ; 1. eliz. 23. iannar . it hath beene seene that two bills being apt to bee joyned together , have by order of the house , after they have beene twice read , ordered to be ingrossed as one bill , and so passed , which is somewhat strange , for that both being made into one bill , it is thereby become a new bill ; neverthelesse it was so done in two bills concerning treason , 13. eliz. 26. apr. when a bill is thrice read and passed in the house , there ought to be no further alteration thereof in any point . neverthelesse if it doe appeare that there be some apparent mistakings therein , either by false writing , or otherwise , the house upon notice therof hath caused the same to bee amended the day following , and reading the amendments three times , have againe passed the bill upon the question , which is a rare president ; yet was it so done 23. eliz. 20. ianuarii , popham being speaker , which is a memorable case . anno 23. eliz. 14. martii , the lords sentdown a bill touching the maintenance of the borders of scotland , the house proceedeth with another bill to the same effect , the lords complains that it is against order so to doe , without praying a conference with them which was spoken by the lords at a conference and answered by the committees of the commons house , they might lawfully so doe . sect. 6. touching provisoes , schedules , amendements , and amendments of amendements . touching the offering and passing of provisoes , the course is thus ; if any man will offer a provisoe to a bill originally begun in the commons house , it ought to be offered in paper as long as the bill it selfe is not ingrosed ; but when the bill is once ingrosed it ought to be offered in parchment , and not in paper . if a provisoe or schedule of addition , bee offered to any bill comming from the lords at first or secōd reading , it must be offered in paper & not in parchment , though the bill bee a bill ingrosed , for that it may receive much amendment at the committee , and when it is together with the bill returned to the committees , there ought to bee a speciall question made by the speaker whether the provisoe shall be ingrosed , if it be denied , he may put the bill to the passage at the third reading without the provisoe , if otherwise , then he ought to deliver the provisoe to bee ingrosed , and some other day when the provisoe is ingrosed must put the question upon the passage . if it be offered at the first reading to a bill begun in the commons house , which is seldome , it ought to be but once read at that time , and so filed to the bill ; if at the second reading it ought to be read twice as the bill it self hath beene , and ought to bee committed together with the bill ; if it bee offered at the third reading , the bill being ingrosed , it ought to bee read three times before the question bee put for the passage of the bill ; but after every severall reading thereof , the clarke ought to pause a while to give men time to speake thereto : many times upon the second reading it is spoken unto , and sometimes committed or amended at the board , sometimes rejected without more reading : upon the third reading thereof the question ought to bee made whether or no the house doth thinke fit to annex that proviso to the bill read , which question ought to be made singly upon the proviso , and afterwards the question ought to bee made for passage of the bill , together with the proviso annexed . if the bill with the proviso annexed doe passe upon the third reading , the clark ought to signe the same in this sort upon the bill towards the right hand . soit baille anx seigneurs ave● . que un provission annex . and ought to signe the proviso it selfe . soit baille anx seigneurs . the like rules here given for provisors are to bee observed , when any addition ( which alwayes containeth in it another clause ) or branch of the bill , is desired to be enacted , and offered by any of the house , with this difference , that wheras the clark in case of a proviso maketh mention of the proviso annexed , he ought in this case to write avec● un schedule annex , for that which containeth an addition , is called a schedule . after a question propounded in the affirmative , upon the passage of a bil , & before the question for the negative part , a proviso was offered , and judged to be received , 1. iacobi 13. iun. 1604. such bills as come from the lords , have their passage in the commons house by three readings , as well as those that originally begunne , there when they are committed , and the committee see cause to make some amendment in them , they ought not to interline , or raze , or make any other alteration in the bill it selfe , as they doe in their owne bills , but in a paper thereto annexed they ought to expresse in what line , and betweene what words they desire the amendments to bee made , which they ought to returne up to the house . if upon the report thereof , the house shall approve the doings of the committees , then ought the bill with the paper affixed , to bee sent to the lords house , to bee accordingly amended by the lords , if they shall so thinke good . so likewise ought the lords to doe where they desire alterations in any bill passed from the commons house unto them . and in this case after the amendments read three times , the question ought first to bee put whether the amendments shall accordingly be assented unto . secondly , for the passage of the bill , which the amendments ( if it passe ) the clark ought to signe it in these words underneath , the signing of the lords at the foote of the bill . acest bille avecque les amendments les comuns one assentus . when the lords send downe amendments they ought to bee read two times , and then if excepted unto , put to the question for the committing . if they be approved by the committees , and so reported then ought the question to bee put for the amendment of the bill accordingly . anno 29. eliz. 25. decem. the bill touching labourers , passing first from the commons house , was sent from the lords with amendments in parchments , & the parchments formally indorsed , solt baille aux comuns ; to which , exception being taken , there was much contention about it betwen the houses , and presidents sought up , and at last resolved it ought to be in paper without any indorsement at all ; otherwise it is where there is a schedule of additions , or a proviso annexed , for they ought alwaies to be sent in parchment ; the journall booke in this place handleth this point at large . if there bee cause to make alteration in some proviso or schedule sent from the lords , the amendment ought to be tendred in paper , and so passed to the lords , 3. sess. iac. reg. 30. iunii . if besides the amendments a proviso be added thereunto or a schedule of additions , there ought to bee mention thereof made by the clarke in the signing of the bill . if the commons house passe a bill sent from the lords with some additions by way of schedule ( which ever containeth some new clause or entire branch added to the bill ) or with some proviso to be added thereto , the same ought to be signed as a new bill . soit baille aux segneurs . for the omission of which the lords conceiving that they have not had warrant to proceed , thereupon , have returned the same to the commons house to be amended , and the same hath been reformed accordingly , in the bill against scandalous rumors , 23. eliz. 8. maii. if the lords doe absolutely disallow of any thing required by the commons house to be put out , or of any addition or alteration to be made by way of amendment , the bill can then have no further proceeding ; for if the commons say put out , and the lords say let it stand as it was , the same being before determined by question in the commons house , cannot be brought to the question againe , 23. eliz 9. mar. the bill of scandalous rumours &c. but if the lords for explanation of such a sentence as is in question , do add words to the additions of the commons , without putting out of any part of that which is required to bee added or altered by the commons , the same being set downe in writing by the lords , and sent to the commons , together with the bill , if the commons do allow thereof , they are to add the words required by the lords paper , and to insert the same into their owne paper , and so returne the same to the lords ; who thereupon ought to enter it into their bill ingrosed , and so the bill hath his passage . the like in all points mutatis mutandis , in bills originally , begunne in the commons house , and sent to the lords ; but if to the bill comming from the lords , any proviso or entire new matter bee added by the commons ( because it is adjudged as a new bill ) and hath not beene at the question in both houses , the lords may by their paper require to have part thereof put out , or may offer additions thereunto , which being returned to the commons , and they giving allowance thereof , they are accordingly to amend the same in their owne house , without sending it backe to bee amended by the lords ; for amendments ought alwaies to bee in that house from whence the thing to bee amended originally proceedeth ; though the directions for the amendments came from the other house ; and so mutatis mutandis , in provisoes or other entire additions required by the lords to be added to any bill proceeding from the commons : and it is held for a generall rule , that neither house may of themselves put out any thing which they have before passed , otherwise then requested by the house which hath not passed the same : in the parliament 31. eliz. when mr. snagge was speaker , it was usuall when either house desired the cleare passage of any bill sent unto them from the other house , in which they though fit to make alterations to acquaint the house from whom it came , with the alterations which they intended to make , and to desire to know their willingnesse thereto , thereby to prevent the hazard of the bill ; if perhaps they should make alterations not approved of . in like sort they sometimes used conferences onely , to prevent the casting away of bills for some small difference about the amendments . see for this the clarkes booke of the parliament 21. martii , and 27 elizab. 10. martii ; the bill against iesuits : the like 23. eliz. 17. martii , the bill against seditious rumours . anno 23. eliz. 24. martii , in the bill for the better government of westminster , the commons at the request of the lords doe alter their owne amendments . the like was done by the lords at the request of the commons upon a conference for that purpose . in the bill of hostile lawes , 3. sess. 1. parliament . iac. reg. 29. iunii 27. eliz 22. feb. the lords by a message without any paper sent unto them , have beene prayed by the commons house to amend the sense of some of their amendments , that so the house might further proceed there with all , which hath accordingly beene performed , and then their amendments have beene considered , allowed and returned , 23. eliz. 17. martii , in the bill touching scottish orders . in the bill against vagabonds 13. eliz. it was resolved that certaine words required by the lords to be put out , should not be put out of the bill , but staied still in the same , qualified with other words , with condition that if the lords should not agree to the said qualification , the house would not bee bound by the said resolution , which was done of purpose to avoid the hazard of the bill , in case the lords should not agree thereto . when amendments of any bill comming from the lords are returned by the committees or otherwise added by the house , they ought presently to bee read three times before they be put to the passage with the bill . in the parliament 13. eliz. at the third reading of a bill which came from the lords , an addition in paper was by question affiled to it , the addition having beene but once read , the bill was put to the question , and the house divided upon the passage , the error being espied , after long argument thereupon , the additions were ordered to bee read twice more , and the bill was againe put to the question and passed : this was the bill against taking up of previsions within 5. miles of oxford , which passed 25. may , in the parliament anno 2. & tertio p. & m. the bill for exactions at musters , had a proviso annexed by the commons house , and the lords returned the bill , desiring the proviso annexed might be taken off , and a new devised by themselves put in place thereof . anno 27. eliz. 5. feb. the lords having made additions to a bill passed from the commons house , the commons pray conference with them , and desire that they themselves may have leave to make a further addition to their owne bill , or that the lords would bee pleased to supply the same with an addition of theirs , which the lords refused to doe , because they found no such president , anno 27. eliz. fol. 81. in the iournall , the bill against fraudulent conveiances passed from the lords , was upon the second reading refused by the house to bee committed ; whereupon the lords craved a conference , and shewed it was a bill which her majesty called her bill , drawne by the councell , with the advice of her judges , and therefore wondred at the proceedings of the house , and concluded that they expected and desired that the house would take it into their further consideration ; afterwards the house by a special committee praying their lordshippes to joine in petition to the queene about matters of religion , causing the messengers to stay in the painted chamber , after a while sent out unto them the chiefe justice and others to tell them , that when they received an answer from the house touching the bill of fraudulent conveiances , the house should have an answer touching the petition . an. 27. eliz. 10. mar. fo. 130. in the iournall to the bill against jesuits , which passed from the the commons house , there were some amendments desired to bee made by the lords , the commons by message desire the lords to reforme their desired amendments in some points , which the committees for the lords thought could not bee done by order ; but the commons house resolved it might bee well helped by a proviso in the commons house , and chose rather to take the course , then further to urge their lordships therein . anno 27. eliz. 13. mar. the bill touching the sabbath , which upon divers conferences of the houses , received divers additions , alterations and amendments of amendements , and by that meanes was much defaced , was sent downe by the lords and praied by them that it might be new written , which was done , and so it passed again in both the houses . anno 25. eliz. 31. mar. the bill against popish recusants , first passing from the lords , was returned with amendments , which the lords aseented to , and sent downe the same againe amended by them accordingly ; and also a proviso annexed thereto to bee passed , if the house should thinke good , which was yeelded to ; and the proviso being thrice read , was with the bill passed accordingly , 6. apr. this is a very remarkeable president , that a proviso should be added by them who first passed the bill , and not to have any reference to any alteration or amendment inserted by direction from the other house . when amendments are desired by the lords to a bill past from the lower house , and thrice read , the question ought to bee whether the house wil be pleased to admit of those amendments , and that being yeelded unto , the bill it selfe ought not againe to be put to the question . if it be resolved to allow the amendments , the alterations are usually made by the clarkes servants sitting without the parliament doore , according to the direction in paper annexed to the bill , and the clarke is trusted with the examination thereof . in the fourth session of the first parliament of king james , it was conceived by some of the commens house , that by reason that bills which are passed in both houses and oftentimes razed in either house , and no mention made anywhere of such razures lawfully made , that it might give occasions to persons ill disposed , to make razures in bills past , much to the prejudice of the common wealth ; it was therefore moved that the l. chancellor for the upper house , who supplies the place of speaker there , and the speaker in the house of commons should subscribe their hands to every bill so razed ; and that mention should bee made upon the bill of all the razures therein , but this motion was not further prosecuted . sect. 7. touching the sending of bills from one house to the other . when the speaker hath in his hands a convenient number of bills ready passed , as five or six or thereabouts , hee then putteth the house in minde of sending them up to the lords , and desireth the house to appoint messengers , who accordingly do appoint some one principall member of the house for that purpose , to whom the bils are delivered in such order as he ought to present them to the lords , which is done by direction of the speaker , except the house bee pleased to give speciall direction therein . the order which hath usually beene observed in ranking of them , is first to place them that came originally from the lords . secondly , those that being sent up unto the lords from the commons house , were sent backe to be amended . thirdly , publique bills originally comming from the commons house , and they to bee marshalled according to their degrees in consequence . lastly , are to be placed private bills in such order as the speaker pleaseth . many times the house ( with a purpose specially to grace some one bill ) sendeth it alone sometimes with a speciall recommendation thereof . the messenger for this purpose is usually attended by thirty or forty of the house , as they please and are affected to the businesse . in the parliament anno 31. eliz. mar. a private bill for the releefe of one thomas haselridge , being passed , the commons house was sent up only with four or 5. messengers , to which the lords taking exceptions , returned the bill , saying , they had cause to doubt that it passed not with a generall consent of the house ; because it passed not graced with a greater number , and left it to the consideration of the house , to send it backe in such sort as was fit . the principall messenger which delivereth the bills to the lords comming in the first ranke of his company to the barre of the lords house , with three congees telleth the lords , that the knights , citizens and burgesses of the commons house , have sent unto their lordships certain bills , and then reading the title of every bill as it heth in order , so delivereth the same in an humble manner unto the lord chancellor , who of purpose commeth to the bat to receive them . bills sent from the lords to the commons house , if they be ordinary bills , are sent down by sergents at law , or by two doctors of the civill law , being masters of the chancery , and being attendants in the upper house , accompanied sometimes with the clarke of the crowne an attendant there . bills of greater moment are usually sent down by some of the judges assistants , there accompanied with some of the masters of the chancery , who being admitted entrance , doe come up close to the table where the clarke sitteth , making three congies , and there acquainting the speaker that the lords have sent unto the house certaine bills , doth read the titles and delivereth the bills to the speaker , and so againe departeth with three congies ; when they are out of the house , the speaker holdeth the bills in his hands and acquainteth the house that the lords by their messengers have sent to the house certaine bills , and then reading the title of every bill , delivereth them to the clarke to be safely kept , and to bee read when they shall be called for . bills originally preferred to the lords house , have such proceeding in that house in all points , as bills preferred to the commons house have there , only when any question is made in the lords house , the triall thereof is by saying content or not content , and if that be doubtfull , then by telling the poles , without dividing the house . sect. 8. touching the royall assent . vvhen bills are thus passed by both the houses upon three severall readings in either house , they ought ( for their last approbation that so like to silver they may be seven times purified ) to have the royall assent , which is usually deferred till the last day of the session ; but it may bee given at any time during the parliament ; touching which it hath been much doubted , and oftentimes debated , whether the royall assent given to any one bill , doth not ipso facto conclude that present session , which question is of great consequence ; for if thereby the session be at an end , then ought every other bill not having the royall assent ( though it hath passed both the houses ) to bee againe read three times in either house , and to have the same proceedings as at first , as if nothing had beene formerly done therein ; so must it bee of all other acts of the house . but in the last session of the first parliament of king james , the house being then desirous to have a bill to bee forthwith passed , declared , that the royall assent to one bill or more , did not dissolve the session without some speciall declaration of his majesties pleasure to that purpose , 8. april 1604. in the journall . so likewise it appeareth by the iournall 1. & 2. phil. & m. 21. november , that the king and queene came of purpose into the parliament house to give their assent to cardinall pooles bill . and upon question made , it was then resolved by the whole house that the session was not thereby concluded , but that they might proceed in their businesse , notwithstanding the royall assent given , but for more security it is usuall to insert a proviso to that purpose . at the giving the royall assent it is not requisite that the king be present in person for by expresse words of the stat. of 33 of hen. 8 . ca. 21 . the kings royall assent by his letters pattents under the great scale signed by his hand , and declared and notified in his absence to the lords spirituall & temporall , and to the commons assembled in the higher house , is and ever was of as good strength and force , as though the person of the king had beene there personally present , and had assented openly and publiquely to the same ; according to which statute the royall assent was given by commission , anno 38. hen. 8. unto the bill for the attainder of the duke of norfolke , and very oftentimes since . the royall assent is given in this sort : after some solemnities ended , of which mention shall be made in the chapter which treateth of the conclusion of the parliament , the clarke of the crown readeth the title of the bills in such order as they are in consequence , after the title of every bill is read , the clarke of the parliament pronounceth the royall assent , according to certaine instructions given him from his majesty in that behalfe . if it bee a publique bill to which the king assenteth , the answer is le roy leveult . if a private bill allowed by the king , the answer is , soit fait come il est desire if a publique bill ( which the king forbeareth to allow ) le roy se avisera . to the subsidie bill , le roy remercy ses loaulx subjectes accept lout benevolence , et auxy le veult . to the generall pardon , les prelates , seigneurs et comons en cest parliament assembles au nom de touts vous auters subjecte temoreient treshumblement vostre majesty , et prient dieu vous doner en sante , bone vie , et longe . and thus much concerning passing of bills according to the moderne practice : in ancient times the practice was much differing as elsewhere shall bee declared ; but that ancient order as it was nothing so curious as this , so was it not so safe for the subject , as by comparing both together will easily appeare . a report of divers memorable passages between hath houses in the parliament 18. eliz. concerning the adding of a proviso by the commons , unto a bill sent to the lords , ingrosed & signed by the queen , and passed by the lords for the restitution in blood of a certaine lord , and sent down by lords to the house of commons . a noble lord , whose father was attainted of murther , ( and thereby his bloud corrupted ) made suite to the queene to bee restored in bloud by parliament , which shee inclined unto , and in declaration of her good liking thereof , signed his bill ingrosed , which passed the lords house , and was sent downe to the commons . the bill upon the second reading by some was impugned , through mistake of the person , and by some others , for that there wanted a proviso for purchasors from his father and other ancestors . to the first , it was answered , that seeing her majesty had signed the bill , no doubt she was satisfied touching the person , and hee being a yong noble man there was great hope of him . to the second , that if the saving ( which was already in the bill ) were not sufficient , there might be other provision . the bill was committed , and the committees thought to adde a proviso to barre the lord , that he should not take advantage of any errors in any fine or other conveiance by his father or ancestors , but should bee in that case as though his bloud were not restored , in which state hee can bring no writ of error : the occasion of which proviso grew chiefely , for that the lords had within few daies before in this session dashed a bill that passed in the commons house for the helping of such errors ; whereupon they thought it dangerous to give that scope to any man that should be restored in bloud ; and therefore they added such a proviso both in this bill and other bills of the like kind . the said lord endeavoured by his councell to satisfie the committee , that the saving in the bill was sufficient without a new proviso ; but they being not satisfied therewith , he procured a message from the lords to the commons , that the bill might passe in such sort as was signed by the queene without any addition , which they thought could not bee made without the consent of her majesty , which message was sent after the committees had agreed upon the proviso , and reported the same to the house . the commons tooke this manner of dealing to be very strange , not having heretofore received any such message from the lords tending to prescribe them what they should do in the actions of that councell , and notwithstanding that message intended to proceed as they had begun . the next day the lord procured another message from the lords , desiring a meeting and conference with the commons about it , which message the commons conceiving it to be strange to be in this manner pressed , they gave the bill a third reading , and the new proviso as the course is , & so sent up the bill to the lords with the proviso annexed , with one other bill . herewith the lords were greatly moved , and the same afternoone sent a message to the commons house by mr. justice munson , and sergeant barham , that some of them should come to speake with certaine of the lords in such matters as they had to say to them , & to the commons house ; according to which message certaine of the commons house were appointed , and did give attendance on the morrow morning between 8. and nine of the clocke in the painted chamber , sending in word by the usher of their being there . the lords , after a great pause , at last came fotrh into the painted chamber ; the number of them were many , and the persons of the principall noblemen of that house , after they had taken their places at a long table , and used some conference amongst themselves , they called for those of the commons house , to whom the lord treasurer in the name of all the rest present and absent , said in effect ; that the lords of the upper house could not but greatly mislike the dealing of the commons house in their passage of that bill , especially for that they had passed the bill with a proviso annexed , notwithstanding their sundry messages sent to them in his favour ; and lastly , one message to have conference with them for resolution of such doubts as were moved ; wherein they tooke themselves greatly touched in honour , and thought that the commons house did not use that reverence towards them as they ought to doe : the cause besides , ( hee said ) was such as they saw no reason why the commons house should proceed in that order , for the bill being signed by her majesty ( hee said ) none might presume to alter or adde any thing to it without the assent of her majesty , which they for their parts durst not to doe ; for proofe whereof he shewed the committees sundry provisoes in king h. 8 time annexed to the like bill signed by the king , inferring thereby that none might passe otherwise ; moreover he said that by the opinion of the judges which were in the upper house ; the saving which was in the bill was so sufficient as there needed no addition of such proviso as the commons house have annexed ; and therefore required them to know what reasons did lead them to proceed in this order . this and some other large speeches being uttered to this end the committees answered , that their commission was onely to heare whit their lordshippes would say , they would returne and make report to the house , and so attend upon them againe with answer . when this was reported to the commons house , it moved them all greatly , and gave occasion of many arguments and speeches , all' generally misliking that kind of dealing with them , and thinking their liberty much trenched on in three points : one that they might not alter or adde to any bill signed by the queene ; another that any conference should be looked for , the bill remaining with them , except themselves saw cause to desire it : and the third , to yeeld a reason why they paffed the bill in that sort . after all these things were sufficiently debated , an answer was agreed upon to bee returned to the lords by the same committees , and they gave their attendance upon the same lords in the same place , to whom was said in effect , by one of the committees , and by the consent of the rest , that they had delivered to the commons house the sense of that which their lordships had said unto them , which as they had conceived did stand upon two parts ; one on the manner of their proceeding in this case ; and the other on the matter wherein they had proceeded . to both which they had commission from the house to make unto their lordships this answer : first , that they were very sory , that their lordships had conceived such an opinion of the house as though they had forgotten their duty to them , praying their lordships to thinke that the commons house did not want consideration of the superiority of their honorable estate , in respect of their honorable calling , which they did acknowledge with all humblenesse , protesting that they would yeeld unto their lordships all dutifull respects , so far as the same was not prejudiciall to the liberties of their house , which it behooveth them to leave to their posterities in the same freedome they have received them . and touching the particular case , the manner of their proceedings ( as they thinke ) hath not bin any waits undutifull or unseemly . for the bill being sent from their lordships to the commons house received there ( within little space ) two readings , and because upon the second reading , some objections were made to let the course of the bill , the house thought fit to commit it , which doth shew that they had no disposition to overthrow the bill , but to further it , both in respect of her majesties signature and that it came passed from their lordships ; and whether the lord whom it concerned had cause or not to thinke himselfe favourably used in being heard by the comittees , with his learned council they referred to their lordships judgements . that after the committees report of their doings the house gave the bill a third reading , and so passed the same in such sort as now their lordships heare it notwithstanding their sundry messages to the contrary . and lastly , notwithstanding their message of conference , they said they could not otherwise have done without breach of their liberties , for they tooke the order of parliament to bee that when a bill is passed in either house , that house wherein the bill remaineth may desire conference with the house that passed the bill , if they thinke good , but not otherwis ; e ; and this bill passing from the lords to the commons house , they might desire conference , but not their lordships , the bill passing from themselves . and thus much for the manner of their proceedings touching the matter wherein they have proceeded , in that they annexed a proviso to this bill , the same being signed with her majesties hand , they thought they might lawfully do it without offence to her majesty , taking her signature to be only a recommendation of the cause to both the houses , without which they could not treate of any bill of that nature , the house not being thereby concluded , but that they might alter or adde any thing that should be thought meet either for her majesty or the subject : which proviso they have delivered upon good consideration , not hastily and inconsiderately , but upon great and sufficient reasons moving them , praying their lordship so to conceive it : neverthelesse to declare the reasons in particular to their lordships as they were required on that part , the house desired their lordships to beare with them , for that were to yeeld an account of their doings of things passed in their house , which they could not in any wise agree unto , being so prejudiciall to their liberties . this speech finished , the committees were willed by the lords to returne unto the nether end of the chamber , and after some pause and consultation amongst the lords , they called againe the committees , and to them was said by the lord treasurer , that the lords had considered the answer that the committees had brought to them from the commons house , and touching the first part thereof , he said that although through such information as was given them , they might have cause to conceive amisse of the house in the manner of their proceedings , yet because themselves were the truest reporters of their own actions , and the best interpreters of their owne meanings , the lords did therefore accept thereof and rested satisfied with the same . but touching the other part , he once againe pressed the committees to shew cause why the house added that proviso which the lords took to be suspitious ; the bill ( as he said ) containing in it a saving that was sufficient for all causes that might happen . to that was said by one of the committees , that they , humbly thanked their lordships that it pleased them to accept of their answeres to the first part ; but for the second which concerned the matter it selfe , and the reasons that moved the house , he said the committees had no further authority to deale in , having onely commission to deliver to their lordships the answers which they received from their house . whereupon the assembly brake up , the lords returning to the higher house , and the committees to their house , where at their comming , one of them reported their whole proceedings with the lords , where with the house was much satisfied , seeing that so great a storme was so well calmed , and the liberties of the house preserved ; which otherwise in time to come might have beene prejudiced in those three points before remembred which are indeed if they be well considered of great weight and importance . the bill ( as it appeared after ) passed no further ; the lords notliking the proviso , nor the commons house yeelding to the withdrawing of it , for the causes afore declared . concerning amendments of bills in the iournall of 31. hen. 8. die veneris 23. die maii existen. 15. parliamenti . a bill passed both houses in one day . hodie per dominum vicegerent . quedam introducta est billa concedens reg. majestati authoritatem constituendi episcopos in diversis locis hujus regni sui , quae quidem billa prima secunda & tertia vice lecta traditur regis attornato in domum communem deferend & immediate per ipsos de domo commun● relata & expedita . die martis 24. die junii 20. die parliamenti post proroga . &c. a bill by assent amended after it had passed both houses . memorandum quod hodierno die , concordatum est inter proceros & cōmunes , quod cum in billa concernente stabiliamentum opinionum inactitatum sit ut hujusmodi sacerdotes qui ante hac uxores duxerint easdem ante festum sancti iohannis baptiste , ( qui hodierno die est ) repudiarent , ut nunc alter dies illis ad easdem repudiend . limitaretur , qui eft duodecimus dies instantis mensis junii , & ut eadem billa indicta sententia raderetur & emendaretur . quod nota . die sabbati 28. die junii 24. die parliamen . post prorog. . &c. concerning the adding of a proviso by the commons to a bill by them sent up . memorandum quod immediate post decessum prefati willielmi kingston & aliorum , richardus riche miles ( ancellarius augmentationis reventionum coronae domini regia , & alii de domo inferiori proceribus declaraverunt eos regiam majestatem convenisseillique supplicasse quatenus eis liceret annectere billae concernenti punitionem eorundem qui accipitres , damas , aut cuniculos ue majestati pertinentes furaciter capient , provisione quandam limitantem tempus accusationis per transgressoribus ejusdem billae regiamque majestare eis petitionem suam hac in parte concessisse verum priusquam in domum communem reversi sint dictam billam per willielm. kingstone , militem & alios ad proceres fuisse allatā . itaque prefatus richardus proceres ( nomine communitatis ) rogavit , ut vel predictam billam illis remitterent ut illi hujusmodi provisionem eidem annecterent , aut ut illis placeret talem provisionem componere , & eam dictae billae annex . in dom . communi mittere , cui per dominum canc. ex assensu procerum responsum est , quod si prefatus richardus hujusmodi provision . componeret eandemque proceribus afferret , illi circa eandem procederent , prout inde causam cernerent . a catalogue of the names of the speakers of the commons house of parliament . in the reigne of william rufus , there was a great councell or parliament held at rockingham , as may bee collected out of the history of eadmerus , for he tearmeth the same , totius regni adunatio , and saith , that a certaine knight came forth and stood before the people , and spake in the name and behalfe of them all , whereby the minde and consent of the people was understood , who ( as is conceived ) was the speaker of the commons ; but the author nameth him not ; this is mentioned onely because of the antiquity thereof . petrus de mountford . 44 h. 3 . that he was speaker of the house of commons may bee collected out of the register of saint albane fol. 207. where it is said , that he vice totius communitatis consented to the banishment of adomar de valence bishop of winchester , by which also it may be conceived that the lords and the commons in that time sate in severall houses , or at leastwise gave their assents severally . scroope . 6. ed. 3 . monsi . william trussell . 13. ed. 3. the commons answer by his mouth , and therefore it is conceived hee was their speaker , though not so named in the record . sir peter de la mare . 49. ed 3. sir thomas hungerford . 51. ed. 3 . this is the first named speaker upon record 51. ed. 3. n. 89. sir peirce de la mare . 1. rich. 2 . sir iames pickering . 2. rich. 2 . sir iohn goldesborough 3. r. 2 . sir iohn goldesborough 4. r. 2 . sir richard walgrave . 5. rich. 2 . he was the first that made excuse , desiring to be discharged ( for ought appearing in record ) but the king commanded him upon his allegiance to except the place , seeing hee was chosen by the commons . sir iames pickering . 6. rich. 2 . no speaker recorded from 6. r. 2. to 17. sir iohn bushye 17. rich. 2 . he was presented to the king in full parliament by the commons , the first i finde so presented , he was a speciall minion to the king . sir iohn bushey . 20. rich. 2 . there are many p●●●… rol. of r. 2. which men●o● no speaker as 11 , 13 , 14 , 15 , 16 , 18. sir iohn bushey . 21. rich. 2 . this parliament was held in the palace yard of westminster , in a long house , built with timber of purpose , left open at both ends , both the houses fate together therein , an especiall place made for the speaker : the cause of this extraordinary meeting was the impeachment of the duke of gloucester , the earle of arundell and warwicke . sir iohn cheyney . 1. h. 4 . he is stiled in the roll not only parlour , but procurator de les commons ; the next day after he was presented he grew sicke , and the commons made choice of mr. iohn darwood in his place , and yet hee came up with the commons to the lords house , and praied to bee discharged by reason of this infirmity , declaring whom the commons had made choice of , and praied hee might bee accepted , which was granted , and hee made the like protestation as sir iohn cheyney had done , which was that hee might have liberty to amend any mistaking in that which hee should deliver from the commons , and made none of the other requests now usuall . lohn dorwood esq . 1. h. 4 . he made no excuse , for ought appeareth . sir arnold savage . 2. h. 4 . the first time appearing upon any record that the commons were required by the king to choose a speaker , but afterward it is still continued , onely omitted 16. of henry the fourth . sir henry de redeford . 4. h. 4 . sir arnold savage . 5. h. 4 . after he had made the ordinary protestation concerning his owns mistakings , he further desired the king in the names of the commons that they might freely make complaint of any thing amisse in the government , and that the king by the sinister information of any person would not take offensively that which they should complaine of in that behalfe : which petition was yeelded unto by the king , 5. h. 5.11.8 . sir vvilliam sturmy . 6. h. 4 . sir iohn cheyney . 6. h. 4 . parliamentum indoctorum , so called because in the writ of summons there was a clause no lawyer should be chosen . sir iohn tibtoft 7. h. 4 . he desired to bee discharged , because of his youth , but he was neverthelesse allowed of , but having forgotten to make the usuall protestations upon the day of his allowance ; hee came up the next day and made it , and added further ( which never any speaker did before or since ) that if any writing were delivered by the commons , this parliament and they should desire to have it againe to amend any thing therein , it might bee restored to them , which was granted , r. pav . 7. h. 4 n. 6. he was the sonne of iohn lord tiptoft , and in the tenth yeare of henry the fourth was made lord treasuret of england , and created earle of worcester by h. 6. while he was speaker hee signed and sealed the deed of the intailing of crowne . 7. h. 4. with these words , nomine totius commutatis . thomas chauser esq . 9. h. 4 . thomas chauser esq . 10. h. 4 . thomas chauser esq . 13. h. 4 . vvilliam stourton esq . 1. h. 5 . this speaker without the assent of his companions , did agree before the king to deliver in parliament certaine articles , but about three daies following , the commons finding themselves agreeved therewith , sent unto the lords ( the king being then present ) mr. iohn dorewood and divers of the commons with him , & declared to the king that their speaker had no authority from them to yeeld thereunto , & therefore they desired to be excused therein , which the king was pleased to accept , about two months after , the commons comming before the king did present for their speaker the same mr. iohn dorwood , because their old speaker being sicke in his bed was not able to execute the place , whom the king allowed of . iohn doreward esq . 1. h. 5 . thomas chaucer esq . 3. h. 5 . vvalter hungerford esq . 2. h. 5 . richard redman esq . 3. h. 5 . sir vvalter beauchamp 3. h. 5 . roger flower esq . 4. h. 5 . roger flower esq . 5. h. 5 . roger flower esq . 7. h. 5 . richard baynard 9. h. 5 . roger flower esq. 1 . h. 6 . iohn russell esq . 2. h. 6 . sir thomas vvauton . 3. h. 6 . richard vernon esq . 4. h. 6 . iohn tirell esq . 6. h. 6 . vvilliam allington esq . 8. h. 6 . iohn tirell esq . 9. h. 6 . iohn russell esq . 10. h. 6 . roger hurst esq . 11. h. 6 . iohn bowes esq . 14. h. 6 . sir iohn tirrell 15. h. 6 . sir iohn tirrell 17. h. 6 . the king taking notice of the sicknesse of the speaker , and that by reason there of hee could not intend the affaires of the parliament , commanded the commons to make choice of a new speaker , who accordingly did make choice of one mr. william boerly , and did by one iohn hody ( knight of a sheere ) informe the king thereof , who there upon was allowed of by the king without any more ceremony . vvilliam boerly esq . 17. h. 6. willam tressam esq . 18. h. 6 . william burley esq . 23. h. 6 . william tressam esq . 25. h. 6 . iohn day esq . 27. h. 6 . sir iohn popham 28. h. 6 . this excuse by reason of his age and impotency by his service in the warre , was allowed of by the king , and the same day the commons presented m. william tresham for their speaker , and he was allowed . vvilliam tresham esq . 28. h. 6 . hee made no excuse at all , for ought appearing on the record . sir william oldham 29. h. 6 . he made no excuse . thomas thorpe esq . 21. h. 6 . thomas thorpe esq . 31. h. 6 . he was arested in execution at the suite of the duke of yorke betweene two sessions of parliament , wherein the opinions of the judges being demanded by the lords , the judges answered , it belonged not unto them to judge of the liberties of parliament , whereupon ( without them ) it was adjudged that hee was not to have priviledge , which was signified to the commons by some of the lords , and the kings pleasure for present choosing of a new speaker was declared unto them , whereupon they forth with chose sir shomas charlton . sir thomas charlton 31. h. 6 . sir iohn vvenlock 33. h. 6 . thomas tresham esq . 38. h. 6 . iohn green esq . 39. h. 6 . sir iames ttrangwaies 1. ed. 4 . iohn say esq. 7. ed. 4 . vvilliam allington esq . 12. ed. 4 . vvilliam allington esq . 17. ed. 4 . iohn vvood esq. 22. ed. 4 . vvilliam catesbey esq . 1. r. 3 . in these times the lord chancellor , speaker of the lords house ( being for the most part a bishop ) tooke a text out of scripture , or some other theame , and grounded his oration thereupon , therein declaring the cause of the summons of the parliament , and in conclusion thereof , as the use now is , declared to the house of commons the kings pleasure , that they should repaire to their house and make choice of a speaker , not naming any day when they should present him ( as is now used ) and when the commons had chosen their speaker , they sent up some of their house to the lords to desire them to intimate to the king that they had made choice of a speaker , not naming whom , and to move the king to appoint a time when they should present him , and ( commonly the king having beene formerly spoken unto ) the day agreed upon by the king , was declared unto them ; at the day appointed , the commons presented their speaker , who prayed that hee might bee excused ; but his excuse not being admitted , hee maketh the common protestation touching his owne mistakings , without any petitions in the behalfe of the commons , as is now usuall . thomas lovell . esq . 1. h. 7 . after knighted and made of the privy councell to king henry the 7. and h. 8. iohn mordant 3. h. 7 . sir thomas fitz williams 4. h. 7 . richard empson esq . 7. h. 7 . learned in the lawes , recorder of coventry , afterwards of the privy councell to h. 7. sir reginald bray 11. h 7. he made the usuall protestation for himselfe , but there is no mention at all upon the record concerning any petition the liberty of the commons . robert drury esq . 11. h. 7 . thomas inglefield esq . 12. h. 7 . edmond dudley esq . 19. h. 7 . learned in the lawes , he was afterward of the privy councell to h. 7. sir thomas ing'efeild 1. h. 8 . sir robert sheffeild 3. h. 8 . recorder of london . sir thomas nevill 6. h. 8 . the speakers presentment , excuse and protestation , are onely entered on record before this time , but no oration of theirs till this time . sir thomas more 14. & 15. h. 8 . chancellor of the dutchy of lancaster , after lord chancellor of england , hee was speaker of the house of commons in this parliament , and speaker of the lords house the next ; hee made the usuall protestation for himselfe , and prayed if any of the commons should in debate of matters speake more largely then they ought , that it might be pardoned by the king , which the king granted . thomas audeley 21. h. 8 . sergeant at law , chancellor of the dutchy of lancaster , lord keeper of the great seale , in 24. h. 8. made lord chancellor of england , and lastly created a baron : he made the usuall protestation for himselfe , but there is no mention upon the record of any petition by him made in the behalfe of the commons . i have not found any speaker named in the record or chronicles in these yeares of h. 8. viz. 22. 23. 24. 25. 26. 27. richard rich 28. h. 8 . afterwards made l. chancellor , and created a baron ; the first that is recorded to have made request for accesse to the king : from him are discended the earles of warwicke and holland , now living . sir nich. hare 31. h. 8 . afterwards master of the rolls , and after that lord keeper of the great seale of england , after which hee lived but 14. daies . thomas moyle esq . 34. h. 8 . the first that is recorded to have made petition for freedome of speech , the petition for priviledge from arrest is of latter daies , but it appeares in the first of h. 4. that sir iohn cheney then speaker , made a generall request that the commons might injoy their ancient priviledges and liberties , not naming any liberty in particular , and hee is noted to be the first that is recorded to have made that request , but they all make the usual request or protestation touching themselves . in the latter end of the reigne of k. h. 8. there is no mention made in the parliament roll of the presenting of any speaker , nor in the time of ed. 6. or queen mary , nor during the reigne of queen el. when sir iohn puckering was speaker , but the memories of the speakers names of those latter times is onely presented in the journalls of both houses . sir iohn baker 1. ed. 6. to 5. foure sessions . chancellor of the augmentations . sir iames dyer k t. 7. ed. 6 . sergeant at law , afterwards kings sergeant and lord chiefe justice of the common pleas . iohn pollard esq. 1. mary learned in the lawes , he continued speaker during two sessions . clement higham esq . 1. & 2. p. m learned in the lawes and one of the privy councell , afterward knighted and made l. chiefe baron of the exchequer . iohn pollard esq. 2. and 3. p. m. learned in the lawes , afterward made sergeant . vvilliam cordall esq . 1. & 2. p. m. master of the rols & one of the privy councell , he was knighted the day he made his oration , and was master of the rolls when he was chosen speaker , as may appeare by comparing the date of his letters pattents , with the time of his being chosen speaker . sir thomas gargrave 1. eliz. learned in the lawes , and one of the queenes councell in the north , he made the foure requests , ever since and now usually made by most speakers , as appears by his oration . first , for free accesse to the queene . secondly , liberty of speech . thirdly , for priviledge from arrests . fourthly , that his mistaking might not prejudice the house . thomas vvilliams esq. 5. eliz. learned in the lawes . richard ousloe esq . 8. eliz. the queens solicitor , hee was first chosen member of the commons house , and then being made queens solicitor had a writ to attend in the upper house , and upon the death of mr. williams , at the request of the commons , was sent unto them , and they chose him their speaker , but so , as the house was divided upon the question . christopher wray esq . 13. eliz. learned in the laws , afterwards lord chiefe justice of the kings bench . robert bell esq . 14. eliz. learned in the lawes , after made sergeant and lord chiefe baron . iohn popham esq . 23. eliz. sollicitor to the queene chosen in place of sir robert bell who was made lord chiefe baron , and died also before this session . mr. popham was afterwards made the queenes atturney , and after chiefe justice of the kings bench , and one of the privy councell ; when hee was chosen speaker he was an assistant in the upper house , and sent for as mr. ousloe was . mr. sergeant puckering 27. eliz. till twenty eight during two sessions : afterwards made the queenes sergeant , and lord keeper of the great seale . mr. sergeant snag 31. eliz. afterward made queenes sergeant . edward cook esq 35. eliz. solicitor generall , afterward made queenes atturney , and knighted , lord chiefe justice of the common pleas , a privy councellor , and lastly made lord chiefe justice of the kings bench . mr. serjeant yelverton 39. eliz. afterward made queenes serjeant , and after that one of the judges of the kings bench , and knighted . mr. sergeant crooke 43. eliz. recorder of london , afterwards made sergeant to ring iames , and one of the justices of the kings bench , and knighted . mr. sergeant phelips 1. iacobi he was during the time hee was speaker made master of the rolls , and yet sate as speaker . sir ranulph crew 12. iac. sergeant at law , afterwards made kings sergeant and chiefe justice of the kings bench . sir thomas richardson 18. iac. sergeant at law , afterwards made kings sergeant and chiefe justice of the common pleas , and after chiefe justice of the kings bench . sir thomas crew 21. iac. sergeants at law , afterwards made king sergeant . sir thomas crew 1. caroli r. sir heneage finch 1. car. reg. recorder of london sergeant at law . sir iohn finch 3. & 4. car. queenes atturny , afterwards made one of the kings councell at law , then chiefe justice of the common pleas , and lately lord keeper of the great seale . iohn glanvile esq . 16. car. sergeant at law , at the parliament begun the 13. of aprill 1640. and was dissolved 5. may following , and so continued but 22. daies ; afterwards he was made the king sergeant . william lenthall esq . 16. car. learned in the laws , one of the benchers and readers of lincolns inne at the parliament which began the 3. of november , 1640. finis . to his highness the lord protector of england, scotland and ireland, &c. the humble petition of the proprietors, commoners and mineral bounders of the deserted and drowned mines within the counties of cornwal and devon this text is an enriched version of the tcp digital transcription a62705 of text r9055 in the english short title catalog (wing t1370a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 23 kb of xml-encoded text transcribed from 7 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a62705 wing t1370a estc r9055 99828802 99828802 33234 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a62705) transcribed from: (early english books online ; image set 33234) images scanned from microfilm: (early english books, 1641-1700 ; 1960:12) to his highness the lord protector of england, scotland and ireland, &c. the humble petition of the proprietors, commoners and mineral bounders of the deserted and drowned mines within the counties of cornwal and devon bakehouse, jo. aut bakehouse, tho. aut doxie, jo. aut 12 p. s.n., [london : 1659] caption title. imprint from wing. signed at end: jo. bakehouse tho. bakehouse jo. doxie. reproduction of the original in the worcester college library. eng cromwell, richard, 1626-1712 -early works to 1800. england and wales. -lord protector (1658-1659 : r. cromwell) -early works to 1800. mines and mineral resources -england -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. a62705 r9055 (wing t1370a). civilwar no mr. bushel's abridgment of the lord chancellor bacon's philosophical theory in mineral prosecutions. the impressa of mr. bushell's golden me bacon, francis 1659 3462 9 0 0 0 0 0 26 c the rate of 26 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2006-03 tcp assigned for keying and markup 2006-03 aptara keyed and coded from proquest page images 2006-06 derek lee sampled and proofread 2006-06 derek lee text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion to his highness the lord protector of england , scotland and ireland , &c. the humble petition of the proprietors , commoners and mineral bounders of the deserted and drowned mines within the counties of cornwal and devon . sheweth , that your petitioners observing the experimental way of mr. bushell's proceedings , to be not only the most probable to discover the vast mineral-treasure supposed to lie in the metal-loads of that beacon-hill called hingston-down , coome-martin in devon , and guynop in cornwal ; but likewise the onely probable means to enrich these western parts , and your other territories with inestimable treasure , by following his example in all drowned and deserted works ; and because we find he hath no more desire of partnership then the assistance of providence , and your highness patronising this his commendable enterprise , nor any other ambition then gratitude to the memory of that great philosopher , his deceased master , the lord chancellor bacon , and to make our age the president and honor of fulfilling the old proverb , hingston-down welly wrought , is worth london-town dearcy bought . now in regard the lords of the fee , and commoners thereof , as well as the major part of the mineral bounders , have with all cheerful alacritie ( for the publick good of this nation ) subscribed their affectionate consents to this great work , in a letter to mr. bushell hereunto annexed : we your petitioners do in the behalf of our selves and the mineral bounders of cornwal and devon , implore your highness speedy confirmation of mr. bushell's articles , without his personal attendance in london , according to the gracious signification of your highness favors to his petition , that no time may be lost in so honorable a design , nor he disabled or dismaid in so general a concernment ; since we find him exceeding active to study the preservation of your honors and dignities , with the countries advancement , as to your highness wisdom may appear by the demonstration of his mineral overtures , and a draught of his unanswerable reasons likewise annexed . charls trevanion tho. mainard edw. herle jo. chatley john tremenhere phi. lanyon william edw. wise richard arundell fran. buller jun. ja. launce david hawes chr. wood will. wise j. boscowen tho. lower . john coryton john lampen tho. grose john fathers william wrey nath. tarvanion will. rous. sir , we have seriously considered the proffer'd civilities in your letter , and the plain demonstrations in your ingenuous reasons , to cut north and south through the lowest level of hingston-down , for crossing all such metal-loads as lie east and west , and for freeing the mines from the impediment of water ; by which you may verefie the old proverb , hingston-down welly wrought , is worth london-town dearey bought : and therefore you may rest assured , that we shall give our free consents and endevours to procure other gentlemen of our county to further your most noble and unparralleld design , that a speedy dispatch may be made thereof for the general good of the nation , which is and shall be ever very much desired by sir , novemb. 11. 1656. your very ready friends and servants , edw. herle . cha. trevanion . j. boscowen . chicheste wrey . edw. wise . william wise . john lampen . ja. launce . richard erisey . jo. chatley . phi. lanyon . natha . tarvanyon . hu. pomeroy . tho. grose . richard arundell . william rous. n. borlace . tho. lower . fran. buller . john coryton . john harris . nich. sharsell . john battersby . j. tremenhere will . wrey . william coysgrave . edward wilcocks . john fathers . david haws . for our noble friend tho. bushell esq ; these . mr. bushels letter to the miners of mendyp , and their answer , with the juries order . fellow miners , upon the overtures of my mineral discoveries taught me by the theory of my old master the lord chancellor bacon's philosophical conceptions ; his highness the lord protector upon hopes of the like providence in all his other territories to ease the nation of their taxes , gave me power to try the aforesaid experiments , since it was conceived by the aforesaid lord , that great riches lay in the bowels of our mother earth , and underneath the superficies of the most barren mountains ; and in order to such his commands , i have not onely published the inclosed declaration for satisfaction to all moderate persons , which have not unbyassed principles against the honor of their native country , but also am setting on foot the drowned and deserted works in the naked promentories of hingston down , coom-martine in devon , and guynop in cornwal : and being likewise informed by your fellow miners , that millions of wealth lie in rowpits neer chewton-minery , which yet cannot be recovered from the inundation of water by the greatest artists of former ages : i have upon my own deliberation and viewing the place , thought fit to render you the experience of my practical endeavors , and with a willing mind to attempt the forelorn hope of their recoveries at my own charge , if i may have the well-wishes of you in general , and the moyety or half , bearing equal charge , when the water is drained ; your speedy answer shall make me decline or prosecute the same with effect , which is the only ambition of . april 21. 1657. your faithful friend , t. b. for his very loving friends , john phelps , tho. voules , will . cole , alex. jett , will . betten , rob. radford , and tho. wood , with the rest , these deliver . right worshipful , manna from heaven was not more welcome to the pilgrims of israel , then the good news your letter brought to us poor miners of mendyp , who now are like moses in the mount , which saw the land of promise , and yet could not enjoy the propriety thereof ; even so fares it now with us : for a month or two of a droughty summer we behold the appearance of much treasure lying in the veins of those metal loads , and so soon as we are preparing for harvest , to reap a mite of its mineral profit , the inundation of water takes away our present possession , and leaves us exposed to a sad condition having no other profession for our livelihood . but if your goodness and charity will be pleased to extend the interest of your knowledge to drain the rake called the broad rake of sir bevis bulmars works in rowpits near chewton minery , which is known to be the lowest level , and sole of those works ; we do herein engage our selves under our hands and seals , and on the behalf of all others that shall hereafter work in the said rake , that you and your assigns shall have the moyety of the whole , paying half the charge ; and likewise procure the lord of the soil to do the like , if you please to proceed with speed for the perfecting of the same ; and in token of our affection to serve you , we have presumed not onely to petition his highness in your behalf for the better encouragement , but also oblige our selves to tender you the first refusal of all our parts and shares of oar , paying ready money , and giving us from time to time the same rate as other merchants shall conceive it to be worth : and so we bid you heartily farewel , resting may 2. 1657. your ever obliged servants , valen tryme , for his part . tho. white . ioh. hoskins . andrew baller . nich. barrel . john blackhouse . john johnsons . will. norman . john thrisel . tho. atwood sen . john naish . edw. hopkins . nich. plumley . john hinsh . rich. friar . jam. midleham . john phelps . will. voules . john cole . rob. clark sen . rob. clark jun. tho. voules . tho. atwood jun. alex. jett . tho. rowles . nich. parker . will. dudden . john radford . rob. radford . for tho. bushel , esq ; chewton-jury , may 28. 1657. vvhereas we of this mineral grand jury are credibly informed of the great design for the publike good of the miners , which do adventure in rowpits , and is now undertaken by tho. bushel esq ; which were formerly the deserted works left by sir bevis bulmar in the time of queen elizabeths reign , and whereas many of the chief adventurers in the said rowpits do and have consented to surrender the one half of their works and mines there unto the said tho. bushel and his assigns , when the said tho. bushel doth make it appear , that by his or their workmanship they be freed of the inundation of their waters , unto the mineral court for the time being : we of this jury do order and make this decree , that when it shall happen that the said tho. bushel doth prove that he hath by his workmanship done by him and his assigns , cleared any miners work as aforesaid , unto the jury as aforesaid , he shal enjoy the one half of the works : provided alwaies , the said tho. bushel and they shall be liable to pay all mineral costs and charges , as far as he and they are entrusted , agreeable to the custom and law of the occupation ; and to this we all agree , and have subscribed our hands , the day and year first above written . andrew baller . jo. phelps . thy. attwood sen . nich. barrel . will. norman . nich. parker . io. cornish . edw. hopkins . will. dudden . tho. rowles . john blackhouse . john house . john hoskins . john thristle . john johnsons . tho. attwood jun. nich. plumley . valen dudden . to his highness the lord protector of england , scotland and ireland , &c. the humble petition of the mineral-bounders within the county of somerset . sheweth , that your petitioners observing the experimental way of mr. pushell's proceedings to recover the vast mineral treasure known to lie in the drowned and deserted works of that antient forrest called mendyp-hill ; and being likewise the onely probable means to enrich your other territories , by following his example in concealed places of the like nature : we your petitioners do in the behalf of our selves , and the generalitie of laborious miners , who have no other subsistence then providence in those harmless affairs , humbly implore your highness confirmation of mr. bushell's articles without his personal attendance , that no time may be lost in such an honorable concernment ; since his active diligence in that mineral proceed is to study the preservation of the poor's livelihood under ground , as well as the riches , honor and profit it may afford to the nation by this his invention , according to your highness trust reposed in him for that purpose , as appears by the demonstrative reasons of his mineral overtures . the grand-jury for the libertie of the castle of richmond upon the forrest of mendyp . jo. radford foreman will . colliar jo. spiring jo. midell jo. liget will. ames roger tegg rich. harris walter hoads will fry tho. vowles mich. curtis hen. hutchins tho. chapman william barrell john barrell and. spirrin jo bates will. bush jo. haydon will. haydon rich. haydon will. chyles rich. filer geo. filer jo. canby james tucker jo. tucker na. brown jo. bary jo. martin james hyden andrew bath sam. cox jo. tegg tho. blackman anth. eggesfield jo. harris . the grand-jury for the libertie of charterhouse-hydon upon the forrest of mendyp . robert radford james brown mat. chansler jo. plumley peter herler leonard fox geo. colse will . bluning will , tucker will . lane sen . jo. lane rich. thomas clark will . lane jun. geo. whithead jo. chansler fra. ozer walter thutchen jo. brock geo tucker will . cole jo. blackman tho. blackman jo. waker geo. hoskins . mr. basbee's affidavit . vvalter basbee aged about eighty years , maketh oath , that he was saymaster to goldsmiths hall about fifty years ago , and vers'd in minerals ever since both at home and abroad , and was by king james sent to the emperor of russia to make him a standard of gold and silver in his mint in the city of moscovia , equivalent to the tower of london ; and no sooner was that service performed by this deponent , but his imperial majesty commanded him to refine the gold of a rich copper-mine lying in cyberea , five hundred miles beyond the river volgo , which held of gold in every tun to the value of three , four , or five hundred pounds ; where this deponent did remain until he was taken prisoner by the tartars , and afterwards exchanged by the emperor to be sent for england ; where this deponent hath ever since spent most of his time , under mr. bushell's philosophical way , taught him by the late lord chancellor bacon , which ( in the judgment of this deponent ) cannot be parallel'd by any , and if now practised according to his printed remonstrance , and the mineral grand-jury's order of chewton , this deponent doth verily believe that the age we live in will exceed all former ages in mineral discoveries and their separations . walter basbee . sworne the 7. of december 1658. before me one of the masters of chancery in ordinary , w. glascock . christopher wright's affidavit . christopher wright aged fifty six years maketh oath , that he was sent by mr. joseph hexeter of cumberland to be in the same place of steward for direction of mr. bushels minerals under ground , as the said mr. hexeter was under him in wales at 100 l. per ann. salary : and finding the said mr. bushell to give such probable reasons for recovering the inundation of water out of the vast and drowned works of rowpits , by persuing a drift as a common-shore , from the concaves of a natural swallow twenty fathom deep , after his industrie had sunk twenty shafts to discover the same , on purpose to come to the rich loads of metal known to be buried in the adjacent groves of water : this deponent and others , upon confidence of making good his great undertakings therein ( although his judgment was then much questioned by the inhabitants for the attempt ) did and do desire but half wages ever since 〈…〉 mendip had invited the said mr. bushell under the● hancs and decree of their court , to have half the profit , bearing half the charge , after the water was drained , which this deponent doth verily believe will be in a short time perfected , and appear for precedent sake , as well as for present profit , the greatest work that hath been done by any mineralist these hundred years , if the malicious attempts of some ill-natured persons do not now hinder the growth of his proceedings therein . for this deponent doth depose , that by some wicked persons there was a great lake of muddy water turned about the hour of midnight , and upon a great flood , into the swallow , on purpose as is conceived to choak it , and so consequently to drown his men that came from forein parts , and were then working twenty fathom deep , which this deponent doth aver were forced to save their lives by running up their grooves at the same time , the swallow being not able to receive the torrent of its water . and this deponent doth likewise depose , that about the 10. of october last there was some other such envious person who pulled down so much of the undertimber of his shaft , that the whole groove of earth fell into mr. bushels drift , when his men were at work underneath ; and it was supposed by divers never to be recovered : but thanks be to god , the danger is past , and mr. bushels drift goeth on towards the rich works known to lie 150 fathom before him ; for this deponent was one of the workmen that landed 100l . per week out of one shaft this last summer , and saw 200l . per week out of another ; but the charge of drawing water , though in the drought of summer , stood ( as they reported ) in 80 l. per week apeece , which mr. bushels drift will prevent ; and likewise to 1000 more of the like nature as are supposed to be within the verge of rowpits . christopher wright . sworne the 3. of december 1658. before me one of the masters of chancery in ordinary , w. glasco●● . the testimony of some miners of mendyp to the council . we whose names are hereunder written , being miners , and well vers'd in the mineral rakes of rowpits upon the forrest of mendyp , are ready to testifie upon oath , that the great wrongs done to the works of tho. bushell esq ; in rowpits , as is deposed by christopher wright before a master of chancery , are of a certain truth ; and we are likewise ready to testifie our opinions upon oath , that if the way of mr. bushels now proceeding to recover those drowned and deserted works , may go on without molestation , according to the orders of the grand jury of chewton made for 〈…〉 encouragement , we do believe in our consciences that the●● hath not been these hundred years such a service done 〈…〉 this commonwealth , in advancing the knowledge of the miners trade , for profit and precedent . and we also humbly conceive , that if a binding order be made by your lordship to confirm ( on all points ) the said grand jury of chewton orders for deterring unrulie miners from such exerbitancies as also that no persons should lose any more their summer work to follow the mines of rowpits ( which are now to 〈…〉 more purpose in matter of profit , then to wash the black ▪ moor ) until mr. bushels drift can come up to drain their in undation of waters , which ( as we find exprest in his remonstrance ) he doth undertake to perfect in four years ; and we do verily believe , that not only all the oar may be then landed for two shillings per tun , but that we shall then also know the inestimable riches of that place without further charge or ruining more families in working upon rowpits . and we do also confidently believe in our consciences , that when mr. bushels now drift from his swallow doth come up to the o●● works drowned , and that he doth pursue likewise his cross rake from his swallow to the forebreast of sir bevis bulmar deserted work , ( as he saith he intends to do , so soon as he hath secured the place according to agreement , and the grand jury's order of chewton dated the 28. of may ) the said mr. bushell will make good his marqus of a thousand pounds per week : for there are men yet alive that will justifie , that the forebreast of sir bevis bulmar's work was nine foot wide in oar ; and we our selves know , that a hundred pounds per week out of one groove in the old work is ordinary , when the suffocation of water doth not hinder them . jo. bakehouse tho. bakehouse jo. doxie . bumm-foder or, vvaste-paper proper to wipe the nation's rump with, or your own. brome, alexander, 1620-1666. this text is an enriched version of the tcp digital transcription b01796 of text r34389 in the english short title catalog (wing b4846a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 b01796 14396200 wing b4846a interim tract supplement guide c.20.f.2[33] interim tract supplement guide c.20.f.4[186] estc r34389 99889930 ocm99889930 181365 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b01796) transcribed from: (early english books online ; image set 181365) images scanned from microfilm: (early english books; tract supplement ; a1:1[34]; a4:2[187]) bumm-foder or, vvaste-paper proper to wipe the nation's rump with, or your own. brome, alexander, 1620-1666. 1 sheet ([1] p.). s.n., [london : 1660] attributed to alexander brome by wing. verse: "free quarter in the north is grown so scarce ..." at end of text: finis, in english, the rump. item at a4:2[187] imperfect: mutilated with loss of print. reproduction of original in the british library. eng england and wales. -parliament -poetry -early works to 1800. b01796 r34389 (wing b4846a). civilwar no bumm-foder or, vvaste-paper proper to wipe the nation's rump with, or your own. brome, alexander 1660 719 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-07 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 john pas sampled and proofread 2008-08 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion bumm-foder or , vvaste-paper proper to wipe the nation's rvmp with , or your own . free quarter in the north is grown so scarce , that lambert with all his men of mars have submitted to kiss the parliaments arse , which no body can deny . if this should prove true , ( as we do suppose ) t is such a wipe as the rump and all 's foes could never give to old olivers nose : which , &c. there 's a proverb come to my mind not unfit , when the head shal see the rump all be-shit , sure this must prove a most lucky hit : which &c. there 's another proverb which every noddy wil jeer the rump with , and cry hoddy doddy , here 's a parliament all arse and no body . which &c. t is a likely matter the world wil mend when so much blood and treasure we spend , and yet begin again at the wrong end : which &c. we have been round and round about twirl'd , and through much sad confusions hurl'd , and now we are got into the arse of the world : which &c. but 't is not all this our courage wil quail , or make the brave seamen to the rump strike sail , if we can have no head , we wil have no tail : which &c. then let a free-parliamet be turnd trump , and nere think any longer the nation to mump with your pocky , perjur'd , damnd , old rump : which &c. but what doth rebel rump make here when their proper place ( as will. pryn doth swear ) is at the devils arse in derbyshire : which &c. then thither let us send them a tilt , for if they stay longer , they wil us beguilt with a government that is loose in the hilt : which &c. you l find it set down in harringtons moddle , whose brains a commonwealth do so coddle that t'as made a rotation in his noddle : which &c. 't is a pitiful pass you men of the sword have brought your selves to , that the rumps your lord , and arsie-versie , must be the word , which , &c. our powder and shot you did freely spend , that the head you might from the body rend , and now you are at us with the but-end , vvhich ; &c. old martin and scot have still such an itch , that they will with the rump try to'ther twitch ; and lenthal can grease a fat sow in the britch : vvhich , &c. that 's a thing that would please the butchers and cooks , to see this stinking rump quite off the hooks , and jack-daw go to pot with the rooks . which , &c. this forward sir john ( who the rump did never fail ) against charles stuart , in a speech did rail ; but men say it was without head or tail , which , &c. just such is the government wee live under , of parliament thrice cut in sunder ; and this hath made us the worlds wonder , which , &c. old noll when we talk of magna charta , did prophecy well we should all smart-a , and now wee have found his rumps magna fart-a , which , &c. but i can't think monck ( though a souldier and sloven ) to be kin to the fiend , whose feet are cloven , nor will creep i' th rumps arse , to bake in their oven , which , &c. then since he is coming , e'ne let him come from the north to the south , with sword and drum , to beat up the quarters of this lewd bum ; which , &c. and now of this rump i 'le say no more , nor had i begun , but upon this score , there was something behind , which was not before ; which , &c. finis , in english the rvmp . some observations concerning the regulating of elections for parliament, found among the earl of shaftsbury's papers after his death, and now recommended to the consideration of this present parliament. shaftesbury, anthony ashley cooper, earl of, 1621-1683. 1689 approx. 23 kb of xml-encoded text transcribed from 10 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-12 (eebo-tcp phase 1). a59477 wing s2899 estc r13575 12426911 ocm 12426911 61903 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a59477) transcribed from: (early english books online ; image set 61903) images scanned from microfilm: (early english books, 1641-1700 ; 297:16 or 2575:1) some observations concerning the regulating of elections for parliament, found among the earl of shaftsbury's papers after his death, and now recommended to the consideration of this present parliament. shaftesbury, anthony ashley cooper, earl of, 1621-1683. 18, [1] p. printed, and are to be sold by randall taylor near stationers-hall., london: : 1689. advertisement on p. [1] at end. item at reel position 2575:1 incorrectly identified as wing o97. item at reel position 297:16 is a reproduction of original in the british library. item at reel position 2575:1 is a reproduction of original in the forster collection, victoria and albert museum. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament -elections. 2005-01 tcp assigned for keying and markup 2005-03 spi global keyed and coded from proquest page images 2005-04 mona logarbo sampled and proofread 2005-04 mona logarbo text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion some observations concerning the regulating of elections for parliament . some observations concerning the regulating of elections for parliament , found among the earl of shaftsbury's papers after his death , and now recommended to the consideration of this present parliament . with allowance . london : printed , and are to be sold by randall taylor near stationers-hall . 1689. some observations concerning the regulating of elections for parliament , &c. the parliament of england is that supreme and absolute power , which gives life and motion to the english government . it directs and actuates all its various procedures , as the parent of our peace , defender of our faith , and foundation of our properties ; and as the constitution of this great spring , and primum mobile of affairs , is in strength and beauty , so will also all acts and performances which are derived from it , bear a suitable proportion and similitude . for whether the constituting members of this great body be such , as may give it the denomination of sanctum , indoctum or insanum , ( by which epithets some former parliaments have been known and distinguished ) such will also be , all the acts and statutes which are made by them , each naturally wearing the character and likeness of that , to which it owes its being . this great council bears a date , coaevous perhaps with the originals of our government , and was constituted with sufficient prudence and caution , with relation to the innocence and ignorance of the times and people then in being . it was then , that a deed of three inches square , was sufficient to convey away twenty good mannors and lordships . but subtilty and cunning having now made some bolder advances into the world , we are forced to alter our measures , and instead of inches to take ells. it seems therefore necessary , as in things of smaller concernment , so most especially in matters of so much greater moment , ( as is the settling and fortifying our parliament , ) so to erect its bulwarks and rampiers , that the most vigorous attacks of fraud and corruption may make no breaches or inrodes upon it . it is here , our care and diligence ought to be applyed with the greatest exactness ; for as our laws and government are established , we can derive our happiness or misery from no other source . it is from the fruit of this great council that we must expect our nutriment , and from its branches our protection ; i hope therefore it may not seem over officious , if with the skilful gardiner , i do open and expose the roots of this great tree of the common-wealth , with an intent that every branch and fibre may with the greater ease and conveniency , be so trimmed and laid , that no defects or redundancies may continue ; but that every individual of this great body , may happily conspire to produce that peace and tranquillity in the nation , which may be expected from their counsels , and a well constituted government . it seems then reasonable to believe , that the priviledge of sending representatives to parliament , ( though grounded upon a natural and fundamental right in the people ) was at first immediatly derived from the king ; for that , where histories and records begin to transmit memorials to succeeding ages , we find him sending his writs , directed to such persons , towns , or vills , which he thought most considerable within the kingdom , by vertue of which writs , elections were accordingly made , and representatives returned to parliament . that the kings prerogative does still extend to grant this franchise , to such other towns or villages as he shall think fit , i cannot affirm , because some (a) learned in the law assure us it cannot legally be done , but by act of parliament . but others are again of a contrary opinion , as was adjudged in the case of (b) duncannon and (c) newark . it is certain , that parliamentary matters were never settled otherwise than by act of parliament , as appears by several (d) statutes in such cases made , and we also find the priviledge of sending members to parliament , given to several places by (e) act of parliament , which had been unnecessary , could the king alone have granted it by any other method . it is moreover a thing of very dangerous consequence , to have such a power lodged in the king alone ; for then he might thereby infranchise what number of vills he pleases , and by the same power place the election of their representatives in a select number , such as he should always have the power to direct and appoint ; which would be in effect to choose his own parliament , and thereby to make or repeal what laws he pleases . wherefore i conceive this point ought now to be so settled , as for the future to obviate all such inconveniencies which might otherwise ensue . another thing , which also requires the care of this great council , is to limit and restrain the exorbitancies of a quo warranto so , that the electing burroughs may have their priviledges and immunities secured , from the judgment of a corrupt judge , who derives his being , and holds his judicial breath only ad voluntatem domini . if this grievance be not obviated by some good law , a king may as well destroy all the old burroughs , as erect new ones , to the inevitable overthrow of our laws and government . in the next place i conceive it may become the prudence of this parliament ( from which we may expect the foundations of our happiness will be so laid , as to become impregnable against all the future assaults of an invading tyrranny ) to look into the constitutions , and customs of such burroughs which have right to elect , and which in several particulars , seems to require a touch of the supreme authority to set them right . the first inconvenience they labour under , is the variety of their respective titles ; some claiming to elect by prescription , others by grant ; some again by a select number , others by the populacy ; some by the magistrate and burgesses , others by the magistrate , burgesses and freemen , others again by the magistrate , burgesses , freemen , and commonalty , and some also in respect of their ancient burrough houses only ; the rest of the town , which is the much more considerable part , being excluded . the grievance which grows from this difference of title in several burroughs , is often ambiguity and uncertainty of title in the same burrough ; for sometimes the select number contends with the community , one burrough house with another , &c. and from hence it is , that we have usually so many petitioners in each parliament , the magistrate not knowing which of right ought to be returned . nor can a committee of elections ever settle their respective titles , by a final determinative judgment ; for we find it often giving an opinion upon one and the same title , and in the same burrough , differently , as favour and power can make the stronger interest . all this may be remedied by an act , which should give one and the same new title to all the electing burroughs in england and wales , by which alone , they should all for the future , claim to send members to parliament ; thereby settling the electing power in such persons , ( whether they be a select number , or the whole populace , ) as in prudence should be thought most convenient . the design of choosing the members of parliament by the people , was , that no laws should be made , no monies raised , nor any course pursued , by those who sit at the helm , but with the steerage and direction of the people , by their representatives . now by all the laws and rules of representation , no town , city , or body of people , can be represented without a vote in the choice of their representative . that the parliament as now constituted , is no equal representative of the people , is notorious ; in that several burroughs , so inconsiderable , that they contain not above three or four houses , send each of them two representatives to parliament , whilst others ( which contain an hundred times their number of houses , people , trade and wealth ) have no representative at all in the management of publick affairs . so also the county of cornwall sends no less than forty three members to parliament , whilst the city , and whole county of chester sends but four , and the twelve counties of wales but twenty four amongst them all . from this inequality of representation it follows , that acts are often made which redound to the prejudice of the whole body of the people , merely to advance the gain and advantage of some particular places ; as was that which prohibited the importation of irish cattle , being carried principally by the supernumerary votes of some counties , which have more electing burroughs , than upon a just and equal devidend , do fall to their share ; and these being generally of a dry and barren soil are thereby chiefly adapted to the breeding of cattle ; which benefit would have been diminished by an inlet of beasts from ireland . this inconvenience may be easily removed by depriving towns of less note of this franchise , and bestowing it upon others of greater consideration in the same , or in other counties , which most want it , as do those of cambridge , bedford , hartford , huntingdon , &c. where the electing right is committed to a select number , i think it were desirable , that the electors should be chose annually , and not be tenants for life in their electorate ; this would in a great degree prevent pre engagements , and corruption , which often happens where a power by long continuance in one person , is apt to stagnate and putrifie . the great number of electors in popular burroughs , and in choosing knights of the shire , requires to be regulated and limited , and the power of election to be fixed in the optimacy only . my reasons for this are , that amongst the electing crowd , the majority is generally of a mean and abject fortune in the world , and thereby subject not only to disorders and quarrels , but to be misguided also by their ignorance , and total want of that discerning faculty , which electors in such weighty concerns ought to have : they are moreover under the temptation of being corrupted and seduced by the inveiglements of a little mony , or a pot of ale : whilst those whose circumstances are more enlarged , have their thoughts so likewise , being thereby raised beyond such low alurements , and rendered more careful how , and into whose hands they dispose of this great trust , the breach whereof might at once rob and deprive them of that their substance , which has been the acquisition perhaps of some ages . it was for these and several other reasons mentioned in the preamble , that by the statute of the 8. of h. 6. c. 7. it was enacted that no knight of the shire should be chose by any , who had not a freehold of the clear yearly value of 40 s. per annum , which was then as much in value as 40 l. per annum is now , or has been , since the finding out of the american treasure , and the enlargement of our trade . and i think it but reasonable that as the value of mony falls , so the wealth of the electors should rise , and that electing votes in the county should again be limitted to such only , who now have lands and tenements to that value , which 40 s. per annum bore in those times when this act was made . if this particular were thus regulated , the numbers at the county elections would be reduced , probably to a fourth part of what they now are , and thereby the unreasonable expence in entertaining so great a crowd , and the great dangers which may accrue from such an ungovernable multitude , would be in a great degree avoided and prevented . as the persons electing ought to be men of substance , so in a proportioned degree ought also the members elected . it is not safe to make over the estates of the people in trust , to men who have none of their own , left their domestick indigencies , in conjunction with a foreign temptation , should warp them to a contrary interest , which in former parliaments we have sometimes felt to our sorrow . wealth and substance will also give a lustre and reputation to our great council , and a security to the people ; for their estates are then pawned , as so many pledges for their good behaviour , becoming thereby equal sharers themselves in the benefit or disadvantage which shall result from their own acts and councils . thus a good estate may be a good security to engage faith and honesty ; but he who sits at the helm of government , ought not only to be a graduate in fortune , but in prudence and experience also . to me it seems extreamly irregular , to see the unfledged youth make his first advances into the world , in the quality of a burgess for parliament , chosen upon no other account but because it was his fortune , by his fathers early death , to become the landlord of a neighbouring burrough , or is perhaps its best customer , deriving from thence the necessaries of a numerous family . forty years ( whereof twenty five are generally spent in childhood and vanity ) seem to be few enough to entitle any one to the grandeur and gravity of an english senator , and why so many , who seem by their greenness to be as yet but a novelty to the world , should be admitted a place in this great council , whilst those of greater age , wisdom , and experience must be excluded , i do not understand . by the 1. h. 5. ch . 1. it is enacted that every knight of the shire should be chosen out of such who are resident in the county , and every citizen and burgess , from amongst the citizens and burgesses of the cities and burroughs electing . how far this act ought to be observed , will be worth consideration ; for a confinement in this case , seems to be an abridgement of a free choice , and it often happens , that men of the greatest knowledge and experience in the affairs of the kingdom , have their abode principally in the metropolis , especially such of the long robe , who by their profession are obliged to it . but the non observance of this act on the other side , has been often the occasion that courtiers have bolted into country burroughs , and by the strength of their purse , and liberal baits , have so seduced these poor rural animals , as to obtain an election from them , though to the ruin and overthrow of their own laws and liberties . the choosing of such men to serve in parliament , might probably be obviated , by an act , prohibiting the expence of any mony by treats or otherwise , in order to be elected , it being only to these indirect methods , that such persons usually owe their success . but when all is done , it will be found difficult ( though with the greatest art ) to bring an old irregular structure into a convenient uniformity , otherwise than by razing it to the ground , and erecting a new pile by some better contrived design . for although all the defects and irregularities in the election of members for parliament before-mentioned , should be removed and altered , yet there still remains something in the very constitution of this part of our government , which is not so agreeable to a curious thought . a true and perfect model to build by , is what i dare not pretend to give , yet that which follows may afford some hints and assistance to a better fancy and judgment . in respect then , that every individual person in the nation , has a natural right to vote in this great council ; but this being impracticable , they are forced to do it by proxy ( that is ) by devolving this right upon certain common representatives indifferently chosen , for certain select numbers and communities of men , in which the whole body of the people is , or ought to be comprehended ; and whereas , every pater-familias , or house-keeper , is a natural prince , and is invested with an absolute power over his family , and has by necessary consequence , the votes of all his family , man , woman , and child included in his ; let then the sheriffs precepts be directed to every parish within his county , which the next sunday following the receipt thereof , may be publickly read after the forenoon sermon in church ; thereby giving notice to all the house keepers in the parish , to meet at a convenient place , and certain hour the day following , in order to choose an elector for the county . let also the church-wardens of each parish prepare a list of eight or ten of the most eminent persons for wealth , gravity , and wisdom in their parish ; this list to be brought the next day to the place of election , to this purpose , that every house-keeper do , by a dot with a pen , adjoined to the person's name whom he enclines to elect , declare his choice ; and that by the plurality of dots , the elector be returned by the church-wardens to the sheriff . this done in each parish , let the sheriff prepare a list in the same manner , of the names of all the gentry in the county , who are each worth in lands and moveables at least 10000 l. all debts paid , and not under forty years of age ; which being in readiness , let all the representatives of parishes , chosen as aforesaid , repair to the county town the very next day after the parish election is over , and there proceed to elect out of the sheriffs list , seven , nine , or eleven members to serve in parliament , or so many as upon a just dividend , shall be thought expedient to compleat the number of members , which are to act in this great council . before the electors proceed to choose for the county , it might probably be convenient to administer an oath to this purpose , that their vote is no way pre-engaged , and that they will choose , without favour or affection , such members as in their conscience they do believe most fit to serve in parliament . and that to the members elected , upon their admission to the house , this oath , together with the others in use , be administred , viz. that they are worth 10000 l. all their debts paid , and that directly , or indirectly they did not expend any mony , or gratuity whatsoever , in order to their election , and that they neither have , nor will receive any gratuity whatsoever , upon the account of their vote in parliament , but that they will in all matters that shall come before them , act uprightly according to their conscience and vnderstanding , without any private design , favour , or affection to any . that , to prevent the inconveniences of fear and favour in electing , the method be such , that none may know on whom the electors votes were conferred ; and it may be thus performed . suppose a room with two opposite doors , and a table in the middle , on which the list shall be spread . all the electors being at one door , let them go in one by one , each writing down his dots , and going out of the room at the other door before another comes in ; or if this may prove tedious , it is only placing more tables in the room with every one a list on it , and so many may then be admitted in at once , as there are lists , which will make greater dispatch , and yet no discovery , in that every list is upon a separate table . to prevent also all fraud and indirect practice , it will be convenient that the officers concerned in the elections , both in parishes , and in the county , be upon their oaths . it is also fit that a limitted allowance be made for the expence of the day , which is to be in parishes , at the parish charge , and in the county town , at the charge of the county . if any controversie arise about elections , either in the parishes or counties , ( which in this method can scarcely be supposed ) it may be decided by the votes of the remaining persons upon the list , who pretend to no election . if several persons happen to have an equal number of votes , it shall be determin'd by lott . if any person from any part of england , shall send his name to any particular county , to be inserted in their list , as a person qualified to serve in parliament ; it may be done ; but none to stand candidate , in more than one list at a time , lest he should be chosen in both counties , and to occasion the trouble of a new election . that the same list of candidates shall continue till the dissolution of the parliament , if it fits not above three years ; and upon the intermedial death or removal of any of the members for the county , then he who had the next majority of votes upon the list , to succeed in his place , without further trouble or charge of election . by this method the parliament will be a perfect representative of the whole body of the people , and also of every numerical person in the kingdom . here can be no partial ( and consequently prejudicial ) acts made by separate interests and factions : none will sit in this great council but men of gravity , wisdom , integrity and substance ; no pensionary members ; no unfair elections ; no foul returns ; no petitioners kept in attendance till a dissolution ; no quo warrantos to destroy the natural fundamental rights of the people ; no room for corruption , bribery and debauchery , either in the electors or the members elected ; no patrimonies wasted in the extravagancies of an election ; no bankrupts shrowding themselves under the shelter of a parliamentary privilege ; no unruly rabbles , tumults , factions and disorders in election , amongst the commonalty ; no heats and animosities amongst the gentry , often caused by their violent competitions : but all will be managed with that evenness , justice and temper , that nothing can more effectually conduce to the securing of our liberties and properties , the grandieur of our government , and the honor of our nation , than such an establishment . finis . an advertisement . there is lately published by randal taylor the proceedings of the present parliament , justified by the opinion of the most judicious and learned hugo grotious , with considerations thereupon ; written for the satisfaction of some of the reverend clergy , and others , who seem to labour under some scruples concerning the original right of kings , their abdication of empire , and the peoples inseparable right of resistance , deposing , and of disposing , and settling of the succession to the crown . notes, typically marginal, from the original text notes for div a59477-e110 (a) pryns register of parliament writs , 1. part , f. 238. b. (b) hob. rep. f. 14. (c) journal of the commons house . (d) 5. r. 2. c. 4. 1. h. 5. c. 1. 23. h. 6. c. 15. (e) 27. h. 8. c. 26. 34. h. 8. c. 13. 35. h. 8. c. 11. a full declaration of the true state of the secluded members case. in vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in parliament, against the vote of their discharge, published in print, jan. 5. 1659. by their fellow members. compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by red-coats. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91189 of text r22149 in the english short title catalog (thomason e1013_22). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 152 kb of xml-encoded text transcribed from 31 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91189 wing p3965 thomason e1013_22 estc r22149 99871614 99871614 168767 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91189) transcribed from: (early english books online ; image set 168767) images scanned from microfilm: (thomason tracts ; 150:e1013[22]) a full declaration of the true state of the secluded members case. in vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in parliament, against the vote of their discharge, published in print, jan. 5. 1659. by their fellow members. compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by red-coats. prynne, william, 1600-1669. [2], 54, [4] p. printed, and are to be sold by edward thomas, at the adam and eve in little britain, london : 1660. attributed to william prynne. includes a list of the secluded members. annotation on thomason copy: "1659. jan: 30"; the imprint date has been crossed out. reproduction of the original in the british library. eng england and wales. -house of commons. -parliament -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a91189 r22149 (thomason e1013_22). civilwar no a full declaration of the true state of the secluded members case.: in vindication of themselves, and their privileges, and of the respecti prynne, william 1660 25187 202 0 0 0 0 0 80 d the rate of 80 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2008-04 elspeth healey sampled and proofread 2008-04 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a full declaration of the true state of the secluded members case . in vindication of themselves , and their privileges , and of the respective counties , cities and boroughs for which they were elected to serve in parliament , against the vote of their discharge , published in print , jan. 5. 1659. by their fellow members . compiled and published by some of the secluded members , who could meet with safety and conveniencie , without danger of a forcible surprize by red-coats . mal. 2. 10. have we not all one father ? hath not one god created us ? why do we deal treacherously every man against his brother , by prophaning the covenant of our fathers ? 1 cor. 6. 8. nay , you do wrong and defrand , and that your brethren . london printed , and are to be sold by edward thomas , at the adam and eve in little britain . 1660. a full declaration of the true state of the matter of fact , concerning the secluded members of the house of commons of the parliament , begun at westminster , november 3d. 1640. for the clearer stating of their case , it will be necessary to have a retrospect to the year 1642. and to observe down-wards such proceedings , as had a direct influence upon this matter . in order whereunto it must be considered , that in the said year , some mis-understandings arising between the king , and his two houses of parliament , concerning some evil counsellors about the king , at which style his m●jesty took offence , the two houses in their a declaration of the 19. of may 1642. have this expression in answer thereunto , we his majesties loyal and dutifull subjects , can use no other style , according to that maxim in the law , the king can do no wrong : but if any ill be committed in matter of state , the council ; if in matters of justice , the judges must answer for it . they add further , b we cannot but justly think , that if there be a continuance of such i●l counsellors , they will by some wicked device or other make the bill for the triennial parliament , and those other excellent laws passed this parliament , of no value ; and we are resolved , the gracious favour of his majestie expressed in that excellent bill , for the continuance of this parliament , and the advantage and security which thereby we have from being dissolved , shall not incourage us to do any thing which otherwise had not been fit to have been done . and after by their c remonstr : of the 26 of may 1642. they gave this as a character of those evil counsellors , viz. these are the men that would perswade the people , that both houses of parliament containing all the peers , and representing all the commons of england , would destroy the laws of the land , and liberties of the people : wherein , besides the trust of the whole , they themselves in their own particulars , have so great an interest of honour and estate , that we hope it will gain little credit , with any that have the least use of reason , that such as must have so great a share in the misery , should take so much pains in the procuring thereof ; and spend so much time , and run so many hazards to make themselves slaves . and they conclude that declaration with these words : we doubt not but it shall in the end appear to all the world , that our endeavours have been most hearty and sincere , for the maintenance of the true protestant religion , the kings just prerogatives , the laws and liberties of the land , and the privileges of parliament : in which endeavours by the grace of god we will still persist , though we should perish in the work : which if it should be , it is much to be feared , that religion , laws , liberties and parliaments , would not be long lived after vs . jealousies and differences increasing between the king and the two houses , they came at length to an open war ; in the entrance whereunto , the lords and commons assembled in parliament , published a declaration in aug. 1642. in the preamble whereunto they assert ; d that a malignant party was then in armes against them , to the hazarding of his majesties person , and for the oppression of the true religion , the laws and liberties of this kingdom , and the power and privilege of parliament : all which every honest man is bound to defend ; especially those who have taken the late protestation , by which they are more particularly tyed unto it , and the more answerable before god should they neglect it . and finding themselves engaged on a necessity to take up armes likewise for the defence of those , which otherwise must suffer and perish ; they did then think fit , to give that account unto the world , to be a satisfaction unto all men , of the justice of their proceedings , and a warning to the people , to let them see the necessity and duty which lay upon them to save themselves , their religion and country . in the body of the e declaration they charge the malignant party , with an endeavour to possess the people , that the parliament will take away the law , and introduce an arbitrary government ; a thing which every moral man abhors , much more the wisedom , justice , and piety of the two houses of parliament ; and in truth such a charge , as no rational man can believe it , it being impossible so many several persons , as the houses of parliament consist of , about * 600. and in either house all of equal power , should all of them , or at least the major part , agree in acts of will and tyranny , which make up an arbitrary government ; and most improbable , that the nobility , and chief gentry of this kingdom , should conspire to take away the law , by which they enjoy their estates , are protected from any act of violence and power , and differenced from the meaner sort of people , with whom otherwise they would be but fellow-servants . they then further charge the said malignant party f to have combined to bury the happiness of the kingdom , in the ruine of the parliament , and by forcing it , to cut up the freedom of parliament by the root , and either take all parliaments away , or which is worse , make them the instruments of slavery to confirm it by law , and leave the disease incurable : with compelling the trained bands by force , to come in and joyn with them , or disarming them , and putting their arms into the hands of lewd and desperate persons , thereby turning the arms of the kingdom against it self ; and with an intention to destroy the parliament , and be masters of our religion and liberties , to make us slaves , and alter the government of this kingdom , and reduce it to the condition of some other countries , which are not governed by parliaments , and so by laws . and upon these grounds they conclude that declaration in these words . g therefore we the lords and commons are resolved , to expose our lives and fortunes for the defence and maintenance of the true religion , the kings person , honour and estate , the power and privilege of parliament , and the just rights and liberties of the subject . and for the prevention of this mischievous design , the alteration of our religion . and we do here require all those who have any sence of piety , honor or compassion ▪ to help a distressed state , especially such as have taken the protestation , and are bound in the same duty with us unto their god , their king and country , to come in unto our aid and assistance , this being the true cause for which we raise an army , under the command of the earl of essex , with whom in this quarrel we resolve to live and dye . and in the declaration and resolution of both houses , in answer to the kings proclamation against the h earl of essex , they have these words , viz. and whereas the lords and commons in parliament , did formerly choose the earl of essex to be captain general of such forces as are or shall be raised for the maintenance of the true protestant religion , the kings person , the law of the land , the peace of the kingdom , the liberty and propriety of the subject , and rights and privileges of parliament ; the said lords and commons do declare , that they will maintain and assist him , and adhere unto him the said earl , with their lives and estates in the same cause , as in conscience and duty to god , the king and their country , they are bound to do . and the i petition of both houses sent to the king by the earl of essex , when he marched in the head of the parliaments army saith , that they have for the just and necessary defence of the protestant religion , of his majesties person , crown : and dignity , of the laws and liberties of the kingdom , and the privilege and power of parliament , taken up arms . the two houses of parliament having thus taken up arms , and declared the cause thereof , no successe made them in the least to vary from it ; but in the very heat of the war , and whole prosecution thereof to the end , they asserted and adhered to the same cause , as appears in all their remonstrances , declarations , orders and ordinances , during the war : which being over-tedious to transcribe at large , some material passages to that effect , shall only be inserted , viz. in the k directions from both houses , given to the earl of essex , general of the army ; the cause is asserted to be , in defence of religion , his majesties person , the liberties and laws of the kingdom , and privilege of parliament and in the l declaration , and protestation of the lords and commons in parliament to this kingdom , and to the whole world , dat. octob. 22. 1642. ( a day before the battel of edghil , ordered to be read in all churches and chapels ) wherein they expresse their resolution , to enter into a solemn oath and covenant with god , they conclude with these words , viz. we doubt not but the god of truth , and the great protector of his people , will assist and enable us , in this our just defence , to restrain the malice and fury of those that seek our ruine , and to secure the persons , estates , and liberties of all that joyn with us : and to procure and establish the safety of religion , and fruition of our laws and liberties , in this and all other his majesties dominions ; which we do here again professe before the ever-living god , to be the chief end of all our councils and resolutions , without any intention or desire to hurt or injure his majestie , either in his person or just power . and whereas in the m kings proclamation of the 24. of octob. 1642. it is alledged , that the war raised against him , was to take away his life , to destroy his posterity , to change the protestant religion , to suppresse the law of the kingdom , and to take away the liberty of the subject , and to subject both to an arbitrary power ; and in one of his majesties declarations ▪ there was this allegation , that the army raised by the parliament , was to depose the king ; thereupon both houses of parliament in a declaration after the bloody battel of edghill , in answer to this charge and declaration , have these words , n we hoped the contrivers of that declaration , or any that professed but the name of a christian , could not have so little charity as to raise such a scandal , especially when they must needs know the protestation taken by every member of both houses , whereby they promise in the presence of almighty god , to defend his majesties person ; the promiss and protestation made by the members of both houses , upon the nomination of the earl of essex to be general , and to live and dy with him ; wherein is expressed , that this army was raised for the defence of the kings person . and in the same declaration , they rejoyce that his majestie , and his children escaped danger in that battel . in the o remonstrance of the lords and commons of the 2d . of nov. 1642. there is this passage . as god is witnesse of our thoughts , so shall our actions witnesse to all the world , that to the honour of our religion , and of those that are most zealous in it , we shall suffer more from and for our soveraign , than we hope god will ever permit the malice of wicked counsellors to put us to ; and though the happiness of this and all kingdoms dependeth chiefly upon god , yet we acknowledge that it doth so mainly depend upon his majestie , and the royal branches of that root , that as we have heretofore , so we shall hereafter esteem no hazard too great , no reproach too vile , but that we shall willingly go through the one , and undergo the other , that we and the whole kingdom , may enjoy that happiness which we cannot in an ordinary way of providence expect from any other fountain or streams , than those from whence ( were the poyson of evil councils , once removed from about them ) we doubt not but we and the whole kingdom should be satisfied abundantly . the same remonstrance also hath these words . p we do not say the royal assent is not requisite in the passing of laws , nor do , or ever did we say , that because his majestie is bound to give his consent to good laws , presented to him by his people in parliament , that therefore they shall be laws without his consent , or at all obligatory : saving only for the necessary preservation of the kingdom , whilst that necessity lasted , and such consent cannot be obtained . and again , (q) we did and do say , that the soveraign power , doth reside in the king , and both houses of parliament . it follows in the same remonstrance , r having the honour of god , and of his majestie , and the peace , freedom and prosperity of this kingdom , chiefly before our eyes in our propositions , and in all our actions , we rest assured , that both god and man , will abhor and abominate that monstrous and most injurious charge , laid upon the representative body of this whole kingdom , of desiring the ruins , not only of his majesties person , but of monarchy it self : and we appeal to all the world , whether worse words than these can be given us ; and whether it be not high time for us to stand upon our defence , which nature teacheth every man to provide for , and this kingdom ( unlesse it be very unnatural , and very unmindfull of it self ) cannot but afford to them , whom it hath intrusted , and by whom it is represented ; and if the major part of both houses , may sit free from force , we doubt not , but that they will not only make it good , that they have done themselves and the whole kingdom right in their de●larations , and offered no wrong , nor done any prejudice at all to his majestie , but also be very sensible of the great indignity offered to the representative body of this whole kingdom , by the contrivers of the kings answer , and will make such persons ( that delight to foul their own nests , and to cast dirt in the face of the kingdom ) instances of their exemplary justice , so soon as they shall be discovered , and brand both them and their doctrin with the marks of their perpetual scorn and indignation . and for a tast of their horrid doctrine , these particulars are mentioned from the declaration , that remonstrance answers , viz. s that his majestie , or any other person , may upon suggestions and pretences of treason , felony , or breach of the peace , take the members of parliament , out of either house of parliament , without giving satisfaction to the house whereof they are members , of the ground of such suggestion or accusation , and without and against their consent , so they may dismember a parliament when they please , and make it what they will , when they will . that the representative body of the whole kingdom , is a faction of malignant , scismatical and ambitious persons , whose design is and alwaies hath been , to alter the whole frame of government , both of church and state , and to subject both king and people to their own lawlesse arbitrary power and government , and that they design the ruine of his majesties person , and of monarchy it self , and consequently that they are traytors , and all the kingdom with them ( for their act is the act of the whole kingdom ) and whether their punishment and ruine may not also involve the whole kingdom in conclusion , and reduce it into the condition of a conquered nation ; no man can tell , but experience sheweth us , that successe often draws men not only beyond their professions , but also many times beyond their intentions . likewise in the t declaration of both houses , dated novemb. 7. 1642. for the encouragement of the apprentices , to list themselves under the earl of warwick , the cause is declared to be , for the defence of religion , and liberty of the kingdom , his majesties royal person , the parliament , and the city of london . in the u declaration of the lords and commons of the 17th . of december , 1642. the parliaments army is said to be raised for the necessary defence of the true protestant religion , the king , parliament and kingdom . and in the x declaration of both houses concerning a treaty of peace made by cheshire alone , it is held forth , that they ought not to withdraw themselves from the common cause , but to joyn with the parliament in the defence of the religion , and liberty of the whole kingdom , and with them to labour by all good means to procure a general peace and protection from the king for all his subjects , according to their general protestation . in like manner in the y declaration of the 7th . of january 1642. for a subscription of mony and plate for supply of the army , the cause of the war is expressed to be , for the preservation of religion , as well as the just and undoubted power and privilege of parliament , our laws and liberties from most apparent destruction . and in the z preamble to the propositions of both houses tendred to his majesty , fe●r . 1. 1642. they say , that they took up arms for the defence of our religion , laws , liberties , privileges of parliament , and for the sitting of the parliament in safety . likewise in the first a ordinances for a general weekly assesment , wherein the whole kingdom was to be satisfied , that they might freely pay their mony , the same cause is held forth . the b associations also of the several counties of the kingdom were setled for the same cause . in the year 1643. c the solemn league and covenant was taken by all members of parliament , and throughout the kingdom , in maintenance of the same cause , as appears by the covenant , and the exhortation to the taking of the same . the kingdom of scotland engaged with us in the same cause . and all d commissions to the generals and army-officers were in the name of king and parliament . and when a new army was raised of 20000. men under the command of sir tho. fairfax , by e ordinance of both houses dated the 13th . of febr. 1644. it is held forth to be , for the defence of the king and parliament , the true protestant religion , the laws and liberties of the kingdom . an ordinance , dated 3. aug. 1647. for raising of forces to be commanded by sir william waller , is for defence of the king , kingdom , parliament and city . lastly , ( to mention no more ) towards the end of the war the house of commons alone published a memorable f declaration , dated the 17th . of april , 1646. called , a declaration of their true intentions concerning the antient government of the kingdom , and securing the people against all arbitrary government , &c. wherein remembring the aspersions cast upon them in the beginning of the war , and that the same spirits were still working and mis-representing their intentions , and not ceasing aswell in print as otherwise , to beget a belief , that they then desired to exceed or swerve from their first ayms and principles in the undertaking of this war , and to recede from the solemn league and covenant , and treaties between the two kingdoms , and that they would prolong the troubles and distractions in order to alter the fundamental constitution and frame of this kingdom , to leave all government in the church loose and un●etled , and our selves to exercise the same arbitrary power over the persons and estates of the subjects ▪ which this present parliament hath thought fit to abolish , by taking away the star-chamber , high commission ▪ and other arbitrary courts , and the exorbitant power of the council-table ; all which being seriously considered by them , and fore-seeing , that if credit were given to such dangerous in●inuations and false surmise , the same would not only continue the then calamity , and involve us into new and unexpected imbroylments : but likewise inevitably endanger the happy issue and success of their endeavours , which by gods blessing they might otherwise hope for ; they did declare in these words ; we do declare , that our true and real intentions are , and our endeavours shall be , to settle religion in the purity thereof , according to the covenant , to maintain the antient and fundamental government of this kingdom , to preserve the right and liberty of the subject , to lay hold of the first opportunity of procuring a safe and well-grounded peace in the three kingdoms , and to keep a good understanding between the two kingdoms of england and scotland , according to the grounds expressed in the solemn league and covenant , and treaties , which we desire may be inviolably observed on both parts . and lest these generals should not give a sufficient satisfaction , they thought fit , to the end men might be no longer abused in a misbelief in their intentions , or a mis-understanding of their actions , to make further inlargement upon the particulars , most worthy a diligent peru●al and consideration . amongst which they have this observable passage , viz. and whereas a safe and good peace is the right end of a just war , there is nothing we have more earnestly desired , nor more constantly laboured after , and to that purpose both houses of parliament have framed several propositions to be sent to the king ; wherein we are so far from altering the fundamental constitution and government of this kingdom , by king , lords and commons , that we have only desired , that with the consent of the king such powers may be settled in the two houses , without which we can have no assurance , but that the like or greater mischiefs than these , which god hath hitherto delivered us from , may break out again , and ingage us in a second and more destructive war . whereby it plainly appears , our intentions are not to change the antient frame of government within this kingdom , but to obtain the end of the primitive institution of all government , the safety and weal of the people . and then that declaration concludes thus , and for the covenant , we have been and ever shall be very carefull to ob●erve the same , that as nothing hath been done , so nothing shall be done by us repugnant to the true meaning and intention thereof , nor will we depart from those grounds and principles upon which it was framed and founded . this decl. was then indeed of that moment , to quiet the jealousies , and settle the distempers of the kingdom , g that 4000 of them were ordered to be printed for the use of the parliament . and the knights and burgesses ordered , to take care for the speedy sending down and publishing them in the respective counties and places for which they ●erved . and by special order of the house , sir arthur has●erig , sir john eveling , and two others , were to take care that the printed declarations were published , set up , and ●●xed in every parish-church by the church-wardens , or other officers of the said parish , which they were by the said order required and enjoyned to ●ee published , set up and fixed in the said parish-church accordingly . way being thus made to the narrative and treaty , we proceed . the two houses of parliament , having thus for the space of six years or thereabouts , been ingaged in a war , for the defence and maintenance of the protestant religion , the kings person , honour and estate , and his royal posterity , the power and privileges of parliament , and the laws and liberties of the kingdom , as appears by all their said declarations , orders , ordinances and publick writings , in the prosecution wherof , they did also declare , * that there was a design carried on by the forces levied against the parliament , to alter our religion , and the antient frame and constitution of the government , both in church and state , and the laws and liberties of the kingdom , and to introduce popery and idolatry , together with an arbitrary form of government . and having in the heat of the war , sent propositions several times , and entred into divers treaties with his late majesty , for a safe and well-grounded peace , which had not the desired effect ; at the cloze of the war , finding the distempers of the kingdom continued , though all adverse armies and garrisons were reduced , and well remembring , that in the begining of the war , they had called god to witnesse , that the safety of the kingdom and peace of the people was their only aime ; they did in july 1648. resolve upon a personal treaty with the king , the general desires of the city of london , and the rest of the people concurring therewith . and in pursuance thereof , the commons assembled in parliament , that they might have a full house , published the following declaration . die martis 5. septembris 1648. a declaration of the commons assembled in parliament , concerning the summoning of the members to attend the house on tuesday the 26. of septemb. 1648. whereas , both houses of parliament have agreed upon a personal treaty with his majestie , which is speedily to commence , for the management whereof , the * attendance of all the members of parliament , wil be very necessary , because in the multitude of counsellors there is safety , and in the successe thereof , the alaying of the present distempers , and future happinesse of this kingdom , is so highly concerned ; it is therefore ordered and declared by the commons assembled in parliament , that the respective sheriffs of each county , within the kingdom of england , and dominion of wales , do forthwith upon receipt hereof , give particular notice to all the members of the house of commons , residing and being within their respective counties , to attend the house on tuesday the 26th . septemb under the penalty of twenty pounds , fixed upon the defaultors ; that day being appointed for calling of the house . the members attended from all parts accordingly , and there were appointed the earls of northumberland , pembrook , salisbury , middlesex , and the lord say , for the lords house ; and mr. william pierpoint , sir henry vane , junior , and eight more of the house of commons , commissioners to carry on the treaty with his majestie , at the isle of wight ; who took great pains therein , and finished the treaty by the end of november . and on december the first , the commissioners of the house of commons , made their report of the treaty in the house ; who presently entred into debate thereof , and continued the debate , dec. 2d . 3d. 4th . & 5th . when after a long , and serious debate , in a full house ( notwithstanding the menaces of the army , who had marched up to london , and westminster , contrary to the orders of the house , removed their own guards , and put new ones upon them , and their insolent and rebellious declaration of the 20th . of novemb. 1648. ) they came to this resolution , without any division of the house , viz. die martis 5. decembris 1648. resolved upon the question , that the answers of the king to the propositions of both houses , are a ground for the house to proceed upon , for the settlement of the peace of the kingdom . the just grounds and reasons of which vote , do partly appear in all the forecited declarations , and proceedings of both houses during the war , the oaths , protestation , league and covenant , they took as members ; the writs by which they were elected , and the indentures by which we were returned , impowered , intrusted ; but more particularly in the vindication of the imprisoned and secluded members of the commons house , from the aspersisions ●ast upon them , and the majority of the house , in a printed paper of the gen-council of officers , jan. 3. in answer to the demands of the commons assembled in parliament , concerning the securing or secluding the members , jan. 20. 1648. and * much more might be added , if that were our present work ; but intending a bare narrative of matter of fact , we proceed . the same day the house appointed a committee , viz. mr. william peirpoint , and others to go to the officers of the army for the preserving of a right understanding and good correspondency between the house , and the general and army . the committee repairing to the head quarters that afternoon , were so rudely entertained , that some of them were secured by the army-officers , and the rest put off and slighted without any conference that day . the members comming in the usual manner to the house on wednesday the 6. of dec. the army-officers ( contrary to orders of the house ) having sent divers regiments of horse and foot early in the morning to westminster in a hostile manner , they placed themselves in the palace-yard . court of requests , the hall , court of wards , the stairs , and the lobby of the house , and all the avenues , to imprison and seclude those members who assented to the vote ; colonel pride and other officers who commanded the guards having in their hands an alphabetical list of the members names designed to be secured and secluded , given them ( as they confessed ) by some of the d●ssenting members , above forty of them were imprisoned , and above a hundred more of them forcibly secluded that very day , and the next , and * two pulled out of the house it self , into which they were got before the officers espyed them . the 43. members they had seised ( being the legal number of a house capable to vote ) they secured that day in the queens court , and afterwards for several daies ; using them in a barbarous and inhuman manner , forcing them the first night ( though divers of them grave aged persons of quality , and tenderly bred , ) in that cold frosty snowy weather , to lye upon the bare boards , in a place called h●ll in westminster , and next night ( after a whole daies attendance on them at whitehall , without vouchsafing to speak with any of them , though sent for & carried ●hither to confer with them ) sent them prisoners to the kings head and swan in the strand , through the snow and di●t , guarded with three musquiteers apiece , and horse besides , like the vilest felons and traytors , in such sort as no prisoners of war , of any quality , were ever used by them , and detained most of them prisoners sundry weeks at the said common● innes , though many of them had houses of their own in town , sendi●g some of them close prisoners to st. james , and afterwards to windsor castle , and other garrisons divers years space , without the least particular accusation , impeachment , hearing or tryal , their dissenting fellow-members the● sitting , not so much as compassionating their barbarous usages , or taking any effectual course for their inlargement . those few members permitted by the army to fit , dec. ● . had ye● so much seeming resentment of this greatest and most horrid violation of the privileges of parliament , ever attempted in any age , that as it appears in the iour●all of the house , wednesday the sixe of december , 1648. the house being informed , that divers members comming to attend the house were stayed and carryed to the queens court or court of wards , commanded the serj●ant to go to them , and require them to attend the hou●e . mr. 〈◊〉 brings word , that he signified to the members in the queens court , viz. that it was the pleasure of the house , that they should forthwith come and attend the house : the members seemed willing to consent , but an officer there gave him this answer , that he could not suffer them to come , untill he had received his orders which he had sent for . the same day lieut. col. axtel , & others coming with a message from the general , they were twice called in , and acquainted the house , that his excellency the lord general , and the general council of officers had commanded them to acquaint the house , that they had something to declare to this house this morning , of very great concernment , which will be presently ready for their view . this seems to be a message sent to prevent the house rising before they came , their proposals not being yet ready . mr. speaker returned answer ; that the house will be ready to receive it . some space after , the officers from the general , coming to the door , they were called in , and * col. whaley acquainted the house , that they were commanded by his excellency the lord general , and the general council of the officers , to present something to this house , the which the officers being withdrawn was read , and was directed , to the honorable the commons of england , in parliament assembled , and entituled ; the humble proposals and desire of his excellency the lord general , and the general council of officers , decemb. 6. 1648. in order to a speedy prosecution of justice , and the settlement , formerly propounded by them . the said proposals were ushered in with two words , propound and demand , language unfit for a parliament , and stuft with falshoods , and unjust scandals against the imprisoned and secluded members ; and chiefly they took particular notice of the vote of the said 5. of decemb. charging the said members with breach of trust therein , and desired , that all such faithfull members , who are innocent of the said vote , would immediatly by protestation or publick declaration , acquit themselves from the guilt of concurrence in the said vote , that the kingdom may know who they are that have kept their trust , and distinguish them from the rest , that have thus falsified the same ; and that all such , as cannot or shall not so acquit themselves particularly , may be immediatly excluded and suspended the house , and not re-admitted , untill they shall have given clear satisfaction therein , to the judgement of those who now so acquit themselves , and the ground of such satisfaction be published to the kingdom . notwithstanding these proposals , the house then resolved that the committee formerly appointed , do confer with the general for discharge of the members . thursday the 7th . of december 1648. ( as appears by the entries in the journal ) a letter from sir thomas dacres , and mr. dodderidg , dated the same day , half an hour past 9. in the morning , was read in the house , signifying , that coming to attend the house to do their duties , they were kept back by force . the like signification was made of the like usage to sir edward partridge . also a letter from westminster , 7th . decemb. 1648. from sir martin lumley , sir john temple , george booth , thomas waller , thomas middleton , mr. brampton gurdon , esay thomas , and arthur owen , signifying their restraint from coming to the house , to do their duty there , by some of the souldiers of the army . the same day mr. pierpoint delivers in two papers from the conference with the general , appointed by order yesterday , for the discharge of the members , the which were read , viz. the committees first paper . vve having command from the house of commons , to let y●ur excellency know , that divers members of the ▪ house of commons , are this day taken and detained by your excellencies army : it is their pleasure , that they be discharged , for which we desire your excellencies present order , that it may be done accordingly . the general , and general council of officers answer . having seen the order , upon which your last paper is given in , we do not conceive it to be the * positive pleasure of the house , that the members be discharged ; but concerning their discharge , for which you are appointed to confer , so soon as we shall receive the resolution of the house , upon that paper , this day sent in by us to the house , which concerns those persons detained , we shall then be prepared , to give you answerable satisfaction , in relation to that particular . the committees second paper . in answer to your paper of the sixt of decemb. instant , now delivered , wherein you do refer to a paper , sent by you to the commons , we affirm , that since the reading of that paper by the house , it was exprest by them to be their positive pleasure ▪ that the members of that house , this day taken and detained , by some of the officers and souldiers of the army under your excellencies command be forthwith discharged and therefore we do insist that according to our former paper , the said members be forthwith discharged the general council of officers final answer . in return to your last paper , concerning your insisting for the discharge of the members , we refer to our former answer , and have no more to say to that particular , till we receive the resolutions of the house upon our paper this day sent to them , decemb. 6. 1648. the house being thus twice ba●led and positively disobeyed by the officers , did nothing hereupon : yet these demands of their release notwithstanding the armies proposals and papers , evidence , that they did not deem their vote , any ●reach of their trust , or just ground for their seclusion . after this , several attempts were made by divers members , which the army still suffered to sit , viz. william pierpoint , esq sir john evelin of wilts , william ashurst , esq mr. nathaniel stephens , and many others , to have the so highly broken privileges and freedom of parliament vindicated , and pressed hard , that * according to the constant course of parliament , no proceedings might be till that were first done ; but labouring many daies in vain , and finding the force continued upon the house , and secluded members , they also withdrew , and never sat since . after their withdrawing , dec. 12 , & 13 the sitting members repealed and nulled the votes of febr. 28. & dec. 5. according to the armies proposals : and this was the first time the house declined their privileges . tuesday the 14th . of de● . 1648. the question being propounded , that a committee do go unto the general , to know of him upon what ground the members of the house are restrained , from coming to the house , by the officers and souldiers of the army , the house was divided . the year went forth . tellers for the noes , 18. mr. smith . mr. martin . tellers for the yeas , 35. mr. cary . mr. pury . so it passed with the affirmative , for the members . resolved , that a committee do go unto the general , to know of him upon what ground , the members of the house are restrained from coming to the house , by the officers and souldiers of the army . and a committee was appointed accordingly . hitherto the major part of the house , appeared sensible of their privilege , though most of the members were imprisoned , secluded , or withdrawn as aforesaid , and there were but 18. of 53. in the negative . friday the 15th . of decemb. a committee was appointed to enquire , who printed , contrived or published , the scandalous paper , entituled , a solemn protestation of the imprisoned and secluded members of the commons house , against the horrid force and violence of the officers and souldiers of the army , on wednesday and thursday last , being the 6. & 7. of decemb. 1648. which did declare all proceedings in the house of commons , null and void , during the forcible seclusion of the majority of the members , and the actual force upon the house , according to the ordinances of both houses , aug. 20. 1647 and ▪ the same day an ordinance passed both houses , ( when there were but 53. commons , and 4. lords present ) against the said protestation ; judging and declaring , the said printed paper to be false , scandalous and seditious ; and that all persons , that have had any hand in , or given consent unto the contriving , framing , printing or publishing thereof , shall be adjudged , and hereby are adjudged , uncapable to bear any office , or have any place of trust or authority in the kingdom , or to sit as members of either house of parliament . and they did further order and ordain , that every member of either house , respectively then absent , upon his first coming to sit in that house whereof he is a member , for the manifestation of his innocency , shall disown and disclaim his having had any hand in , or giving consent unto the contriving , framing , printing or publishing of the said paper , or the matter therein contained . but as no member was charged with , or convicted in particular of having any hand in the said paper , so it doth not appear by any entry in the journal book of the house , that any member was put to such disavowal or disclamor , which if they had , there is no doubt they would generally and freely have made it . monday the 18th . of decemb. 1648. before any return was made by the general , of the grounds upon which he restrained the members from comming to the house , in complyance with the said proposals of the army , they resolved upon the question , that this house do declare , that liberty be given to the members of this house to declare their dis-assent to the vote of the 3d. of december , 1648. and the same day they ordered , that it be referred to the former committee for drawing an attestation , to bring in a declaration , how and in what manner and form the said dis-assent shall be entred . this was the second time that the house declined their privileges . wednesday , decemb. 20. 1648. the house again debated the question , whether the former message to the general be renewed by the same committee , concerning the members that are absent ; and it was carryed in the affirmative by 32. against 19. so at that time there were but 19. in the house , against the restoring of the members . the same day , mr. scot reports the opinion of the committee appointed to draw a declaration , how and in what manner and form the dissent of the members to the vote of the 5th . of decemb. 1648. shall be entred . and 't was resolved that the manner be , that such gentlemen as were present at the vote , do stand up and say , that they did dissent from the said vote ; which form , contrary to all presidents , and the very being and freedom of parliament , being agreed upon , the same day the dissent of the members following is entred , viz. col. boswell . lord gray . mr. peregri●● pel●am . col. jones . mr. richard darley . col. temple . sir thomas malevery . sir john bouchier . col. peter temple . mr. humph. edwards . mr. james challenor . sir gregory norton . mr. oldsworth . mr. garland . mr. nich. l●ve . mr. lisle . col. rigby . mr. holland . col. ludlow . mr. clement . col. purefoy . col. stapley . mr. dunch . mr. cawly . col. downes . mr. cary . mr. blaxtone . mr. scot . sir john danv●rs . mr. henry smith . mr. john pry . mr. george serle . mr. dove . in all 33. so that it appears there was not yet the number of a house , which must be forty at the least , that dissented to that vote , though above 200. were kept away by force concurring with it . decemb. 21. col. hutchinson . sir hen. mildmay . sir james harrinton declare their dissents to the vote of decemb. 5. monday dec. 25. 1648. col. harvey . alderman pennington . mr. main . alderman atkins . mr. blagrave . col. m●or . mr. millington . declare their dissents to the said vote of decemb. 5. there being now almost after three weeks time , and such strange tran●actions as before , only 43. dissenters to the vote of decemb. 5. 1648. and that in obedience to the armies proposals of the 6th . of december . upon thursday the 11th . of january 1648. the house was conceived sufficiently garbled and fitted for the humble answer of the general council of officers of the army , jan. 3. to the demand of the house dec. 14. touching the late securing or secluding the members thereof ; which was this day read ; and though the same was notoriously false , and highly scandalous to the secured and secluded members , as appears by their vindication published the 20th . of january , which never received reply : yet the house ▪ ( without so much as summo●ing or hearing of the said members , ) resolved , the said 11th of january , that they approve of the substance of the said answer of the general council of officers of the army , to the demand of the house , touching the securing or secluding some members thereof . and appointed a committee of the dissenters to consider , what was further to be done upon the said answer of the general council , and to present the same to the house . and because ( it seems ) the said committee was slack in meeting and making their return . on monday the 29th . of january , the house , consisting of the said 43. dissenters , ordered , that the said committee be enjoyned to meet and bring in their report on monday next . but to give them a sure rule to walk by , and to prevent the sitting of any but dissenters , it was resolved , at the same time , that no member of this house that gave his consent to the vote of the fifth of december ●●●t , do presume to sit in this house , untill this house take further order ; though it was evident the dissenters ▪ were yet but 43. and the number present at the votes were 244. so that by this vote made but by the 43. who had entred their dissents , all others must be presumed to be yet con●●nters to the vote . this last vote brought in afterwards by degrees some more dissenters for thursday , february 1. 1648. mr. whitaker . the lord monson . mr. weaver . mr. lassells . mr. boon . mr. t. chaloner . mr. waite . mr. harbert . mr. mackworth . mr. poynes . mr. miles corbet . mr. say . sir thomas jervice . mr. trenchard . alderman wilson . mr. wogan . mr. baker . sir tho. witherington . mr. pury . mr. heveningham . mr. gratwick . sir edward bainton . mr. james nelthrop . mr. brewster . sir * gregory norton . mr. prideaux . mr. thorp . mr. whitlock . sir h. vane junior . the lord lisle . entred their dissents . the dissenters being now in almost two months time come to the number only of 72. they did on the same first of february make the order following , viz. whereas on the 18th . of december last , this house did order and declare , that liberty be given to the members of this house to declare their dis-assents to the late vote of the fifth of decemb. 1648. that the kings answer to the propositions of both houses , was a ground for the house to proceed upon for the settlement of the peace of this kingdom ; and afterward viz. on the 20th . of decemb. did order , that the clerk should enter the names with the dissents of such members as declared their dissents in manner then directed ; whereupon divers members that day present , and others at several times since , did cause their names and dissents to be entred accordingly . and whereas it hath been further admitted in behalf of members absent from the said vote , that any such member might have liberty to express his dis-approving the said vote of the 5th . of decemb. it is now resolved and declared by the commons assembled in parliament , that such members who ( being present at the house on the 5th . of decemb. ) did dissent from the said vote , and from the putting that vote to the question ; or being not then present do dis-approve of the same , and have not already declared in and to the house such their dissent or dis-approval of the said vote , may declare their respective dissent or dis-approve of the said vote to the committee herereafter nominated , viz. mr. scot . mr. martin . sir john danvers . mr. millington . mr. hutchinson . sir will. constable . col. moor . mr. challoner . mr. list . mr. hayes . mr. whittaker . sir tho. jervis . mr. trenchard . sir t. widderington . mr. cawley . col. downes . col. temple . mr. cary . mr. serj. thorp . mr. blackiston . lord lisle . col. purifoy . sir . mich. livesay . col. stapely . lord gray . lord monson . alderman wilson . col. bosvile . mr. boon . mr. heveningham . sir gregory norton . or any three or more of them . who are hereby constituted and appointed a committee , to receive and take notice of the declarations of any such member his dissent or disapproval respectively , that shall desire to declare and enter the same ; and the said committee are hereby required to make present report of the same to the house , and shall from time to time be heard therein before any other business , or next after the business then in debate , to the end such dissents or disapprovals may be entred in the books of the house , and such members thereupon admitted ; and to that purpose the said committee or any three of them are to sit when and where they think fit and convenient . and it is further resolved and ordered , that no member of the house whose dissent or disapproval of the said vote hath not been already entred , do henceforth presume to sit in the said house , untill his dissent from the said vote of the 5th . of december , ( if he were then present ) or disapproval thereof ( if then absent from the house ) shall be by himself personally declared to the said committee , and from thence reported to the house , and entred as aforesaid ; and that such members of this house , and every of them whose dissent from , or disapproval of the said vote respectively ( being not already declared and entred in the house ) shall not be declared to the said committee as aforesaid , before the first day of march next , shall from thenceforth be , and are hereby declared from thenceforth , to stand and be suspended from voting or sitting any more in this house , or any committee by this house appointed , untill they shall both declare such their dissent or disapproval to the said committee as aforesaid respectively , and shall also have given satisfaction to this house concerning their delay thereof beyond the said appointed time , and untill they shall be thereupon restored by particular order of this house . after this antiparliamentary order , ( destructive to the privileges , freedom , vote● , and members of the house ) some few members dissented or disapproved the said vote , upon several daies , as they were inclined or prevailed with thereunto , before the first of march , the time limited by the said order . and wednesday febr. 28. 1648. it was ordered , that no advantage be taken against sir peter wentworth , sir john barington , col. fleetwood , mr. aldworth , mr. robert andrews , alderman hoyle , and mr. stockdale , for not haviug entred their dissents before the first of march . monday the fifth of march , 1648. it is is ordered , that it be referred to mr. lisle , mr. scot , mr. holland , col. ludlow , and mr. luke robinson , or any three of them , to receive what shall be tendered for satisfaction of such members as have not entred their dissents or disapproval to the vote of the fifth of december last , before the first of march , and to report their opinions to the house , concerning such members as they shall receive satisfaction from . the committee being some of the most eminent dissenters to the vote when it was past , and so not very inclinable to receive satisfaction from those members intended by the order , there are very few appearing in the journal to have been admitted upon their reports into the house in three months after , but as if too many had been received already , they intended a new test and purge to feclude the majority even of those who dissented from or disapproved our former vote ; for their journal attests , that on saturday , june 9th . 1649. this question was propounded : that none of the members that have sate in the house since the 11th . of jan. 1648. shall be hereafter admitted to sit in this house , who shall not first acknowledge and assert the just authority of this house , in making the act for erecting an high court of justice for trying & judging the king . and the question being put , whether this question be now put , the house was divided . and it was carried in the negative by 27. against 22. that this question should not be put . so that the major part of themselves were not then ripe for what the minor would have them swallow . thereupon the very same day a final barre is put by them upon all the secluded members by this following order , printed for that end , viz. ordered by the commons assembled in parl. that none of the members of this house , who by vertue of the order of february , 1. 1648. do yet stand suspended from voting or sitting any more in this house , shall henceforth be admitted capable to sit , or have voyce in this house during this present parliament , who shall not before the 30th . of this instant june address themselves to the committee appointed by order of the fifth of march , 1648. for receiving what should be tendered for satisfaction by such members as had not entred their dissent or disapproval to the vote of the fifth of december last , before the first of march , and shall not before the said 30th ▪ of june instant give such satisfaction to the said committee , according to the said order , as this house shall approve of : but the house will after the said 30th of june instant proceed to take order for the election of new members in their rooms . after this order , though they sate till april 20. 1653. without itterruption , yet they never issued out any writs for elections of new members , monopolizing the supreme and parliamentary power into their own hands without copartners , as now again . april 20. 1653. they were forcibly ejected , and turned out of the house themselves by the army-officers for above 6. years , till on saturday may 7. 1659. about 40. of the members ( interrupted in april 1653. and by reason of divers new governments interposing , never durst re-assemble to sit or act ) upon the army-officers invitation , went sodainly again into the house ; whereupon * divers of the secluded members , then casually at westminster , so soon as they heard they were sitting , the same morning went to the house door , & claimed their privilege of sitting , but were forcibly secluded then , and on may the 9th . by armed gards : and to continue their seclusion , the house ordered the 9th . of may , that such persons heretofore members of this parliament , as have not sat in this parliament , since the year 1648. and * have not subscribed the engagement , in the roll of engagement of this house , shall not sit in the house till further order of the parl. at this time they were more tender of excluding the major part of the members of the house , and only ordered , their not sitting till further order , not at all conceiving that they were duly discharged , or dismembred by their former orders , in the years 1648. and 1649. as now . after this they being forcibly interrupted and dispersed again , on the 13. of oct. last , and not suffered to sit till the 26. of dec. following ; upon the 27. of dec. many of the secluded members , then in town , being informed of their sodain re-assembling in the house did again ●●im thei● right of sitting in parliament , but were by their orders kept out of the lobby and house , by their armed gard● and officers , and received the usage that hath in a narrative thereof , been published to the kingdom . since that time , viz. on thursday the 5th . of jan. 1659. the day appointed to consider of the case of absent members ; without calling the members , or admitting them which were at the door to fit , or appear in the house , it was resolved , by the major part of about 47. members only then present ; that upon the whole matter of the * report touching absent members , the parliament doth adjudge and declare , that the members who stand discharged from voting or sitting as members of this house , in the years 1648. and 1649. do stand duly discharged by judgement of parliament , from sitting as members of this parliament , during this parliament . and it is ordered , that writs do issue forth for electing new members in their places . and to prevent any vindication of our selves , against this vote behind our backs , upon monday the 9th . of jan. 1659. ( but 4. daies after the vote ) a party of about 40. red-coats were sent to seize us , at one of the members houses in drury-lane , where the council of state ( it seems ) had notice , and we did not conceal it , that some of us were met together : but being gone a little before , they mist of us , though they searched the house at pleasure . this resolve being , as appears , intended , finally to exclude the said members , though double the major part of the house , & leaving them ( without any cause therein expressed ) under a reflexion of the highest nature , as persons duely expeld the house , during this parliament , and ordering writs to issue forth for electing new members in their places ( a proceeding never used towards a single member , but upon breach of trust , or some high misdemeanor , much less to many , least of all to the majority of the house ) hath in justice to our selves , and the counties and places for which we are intrusted , necessitated us , by this declaration , fully to state the whole matter of fact , and upon the whole , to ●aise such observations and concl●●sions , as we hope may evince , that we are not duely discharged , and that the judgement , if there be any given , is void in law , against the said members , whereof we have in the end of this declaration inserted a perfect list . first , it is manifest by the state of the fact , that on the 6th . and 7th . of decemb. 1648. and since , the said members being then and now the major part of the house of commons , have been by force of arms , and still are , ●estrained from coming or entring into the house , though they have several times renewed their claim , only upon the army-officers proposals and desires , dec. 6. 1648. 2ly . that from that time to this day , there hath been no legal accusation or impea●hment exhibited against them , or any of them in parliament , as a ground for a judgement of their supension or exclusion . 3ly . that they were never summoned nor called to hear or answer any charge , nor ever heard in the house , nor particularly convicted , nor yet named in any order or vote for their suspension or exclusion . 4ly . that all the pretence appearing for their exclusion in all the recited votes and orders , is only , their ay to the vote of the fifth of dec. 1648. ( that the answers of the king to the propositions of both houses , are a ground for the house to proceed upon for the settlement of the peace of the kingdom , ) they being then and still the major part of the house : and for refusing ( upon the demands of the army , and orders of the minor part of the house made after they were forced away ) to enter their protests against and dissents from that vote , which was passed by them in judgement and conscience , upon unanswerable grounds of reason , justice , honour and faithfulness ; or , for not disapproving the said vote . 5ly . that the members permitted to sit after , and under the force , dec. 6. did several times positively order the secured and seluded members to be forthwith discharged ; and that after the demands and proposals of the army ; which shews , that they did not then judge them guilty of breach of trust by this their vote . 6ly . that many of the members that were suffered to sit , when they saw no hopes of preserving their privileges and the freedom of parliaments against this force , did voluntarily withdraw themselves , and have ever since remained in the condition of secluded members , and are now comprised within the vote of ian. 5. and former orders . 7ly . that the members formerly secured and secluded by the army-officers in dec. 1648. against the votes of the house , for their discharge , for their vote dec. 5. are now for the self-same vote alone , even by order and command of those now sitting members ( after their own double dissipation by armed violence ) forcibly excluded both the house and lobby , by armed gards and army-officers , and likewise discharged from sitting as members of the house during this parliament . 8. that the forcible suspension and secluding of the majority of the house , till they retract , and enter their particular dissents against , and disapproval of their own votes , was first introduced and imposed by the general council of army-officers proposals , to subvert the privileges and freedom of parliaments : and in obedience to their desires , it is afterwards several times voted , ordered and ratified by the sitting members , to bar us from all future sitting , or voting in the house as members , during the parliaments continuance , and made the secundary ground of our exclusion and discharge , though never in use before , from the begining of parliaments , till this day , and that in relation to this vote alone . an anti-parliamentary president , fit only for everlasting oblivion . 9ly . that for the mi●or part thus to sway in councel by help of an external force , when reason within doors could not carry it , is a course of proceeding altogether illegal , irrational , and unparliamentary ; the determining of questions and controversies by the major vote , being essential to parliaments and great councils , authorized by the usage and experience of all ages and nations , without which it is impossible to settle any government in church or state , or make any final judgement in courts or councils , without resolving all into the mere will of a few single persons . upon all which grounds , we are so far from r●tracting the said vote of decemb. 5. that as both by the vindication of the secluded members , published in january , 1648. and by this declaration , it stands unanswerably justi●ied to all the world , so we foretold the sad effects that would follow the varying from it , and are now confirmed in the necessity and prudence of that resolution by eleven years further consideration , and the many sufferings , calamities , strange unsettlement , and revolutions of government ; which the not hearkning to the advice of that vote ( then the judgement of the whole kingdom , being past by the major part of their representatives ) hath brought upon us ever since , whereof we can yet see no end . having thus truly and fully stated the matter of fact , relating to our former and late seclusions , and the premised vote of jan. 5. for our discharge & exclusion out of the house , during this parli●ment , only for our vote , dec. 5. 1648. upon the armies proposals , without any particular accusation , hearing , trial , or judgement pronounced against us , or any one of us by name at the bar ; we shall in the next place briefly demonstrate the illegallity , injustice and nullity of this general uncertain vote , by which we are thus by wholesale discharged behind our backs . 1. by orders , customs , presidents , and judgements in parliament . 2ly . by the laws and statute● of this realm . 3ly . by the law of nations . 4ly . by the law and proceedings of god himself . by the orders , customs and proceedings of parliament it is most apparent , 1. that in all * parliaments , treaties and assemblies within the realm of england for ever , every man ought to come without force , armour , or multitudes of armed men , well and peaceably to the honour and peace of the king and of his realm , and all wearing of armour or other force against the peace , ought to be defended and prohibited in all places , cities and suburbs , where parliaments convene , lest the members should be terrified , or driven away , or the proceedings of (a) parliament interrupted thereby ; as is evident by the statute of 7 e. 1. rastal armor , 1. cl . 5 e. 2. m. 22. 31. dors . cl . 2 e. 3. dors . 31. 4 e. 3. rot. parl. n. 1. 2 e. 3. c. 3. 6 e. 3. rot . parl. n. 1. 13 e. 3. n. 2. 14 e. 3. n. 2. 15 e. 3. n. 2. 17 e. 3. n. 3. 18 e. 3. n. 2. 20 e. 3. n. 1. cooks 4. instit. p. 14. exact abridgement of the records of the tower , p. 11 , 13 , 14 , 17 , 19 , 22 , 27 , 30 , 43 46 51 , 76 , 78 , 195. therefore the forcible seclusion of the majority of the members by armed force , and votes backed therewith , is most illegal and unparliamentary . 2ly . that (b) every member of parliament is bound to attend the parliament , and freely to sit & vote therein during its contiance , and never voluntarily to absent himself , or depart without special license , under pain of amerciament , losse of wages , and other penalties ; as is both enacted and resolved , 3 e. 3. f. 19. fitz. corone 161. 5 r. 2. stat. 2. c. 4. 18 e. 3. rot . parl. n. 5. 8 h. 4. n. 55. 31 h. 6. n. 45. cooks 4 instit. p. 15 , 16 , 17 , 40. 9 h 8. c. 16. stamford , l. 1. c. 2. f. 153. exact abridgement , p. 13 , 14 , 43 , 142 , 194 , 281 , 361 , 653. the order of the commons house , 19. august , 1643 and ordinance of both houses , 9 octob. 1643. collection of ordinances p. 274 , 357. the commons declaration , septemb. 5. 1648. 5 e. 3. dors 7. & 4 e 3 dors . 23. therefore the majority of the members neither may nor ought to be forcibly secluded and hindered from sitting and voting , especially by the minority . 3ly . that (c) when any considerable number of the members of parliament through shortness of warning , fo●d weather , or any other occasions have been absent from the house , the parliaments have constantly been adjourned and put off till a further day , and nothing acted by those who appeared , in their absence , till the absent members comming , and the houses were ful● ; as is is evident , by claus. 2 e. 3. dors . 31. & 15. 6 e. 3. rot. parl. n. 1. 6 e. 3. part 2. n. 5 , 6 , 8 , 9. 8 e. 3. n. 5. 15 e. 3. n. 4. 17 e. n. 2. 20 e. 3. n. 5. 21 e. 3. n. 4. 22 e. 3. n. 1. 25 e. 3. n. 1. 29 e. 3. n. 4. 30 e. 3. n. 1. 37 e. 3. n. 1. 42 e. 3. n. 1. 50 e. 3. n. 1. 51 ● . 3. n. 2. 1 r. 2. n. 1. 2 r. 2. n. 1. 3 r. 2. n. 1. 4 r. 2. n. 1. 5 r. 2. n. 65. 6 r. 2. n. 6. 7 r. 2. n. 1. 9 r. 2. n. 1. 8 h. 4. n. 54. the reason whereof is , because nothing ought to be acted in parliament , by any party or faction , but in or by a full parliament , when all or most of the members , representing all the kingdom , are present , cl. 23 e. 1. d. 4. 34 e. 1. c. 1. 20 e. 3. rot . parl. n. 46. 21 e. 3. n. 65. 25 e. 3. n. 10. 51 e. 3. n. 25. 2 r. 2. n. 26. 10 r. 2. n. 35. 11 r. 2. n. 8. 21 r. 2. n. 71. 5 h. 4. n. 17 , 30 , 44. 6 h. 4. n. 25. 39 h. 6. n. 10. & 1 r. 3. wherefore their seclusion , and ejection of the majority of the members , behind their backs , in a thin and empty house , ( not the fixt part of a full house of commons ) and their votes and orders not only without , but against them , must be unparliamentary and unwarrantable . 4. that as in * elections in the county , so in votes , the vote of the major part of the house , upon any question put , is the vote and judgement of the whole house , including and binding the dissenting minority , as all journals , records of parliaments , statutes , law-books , and experience resolve , and the practice of those now sitting ; therefore the dissenting minority , can neither censure nor eject the majority of the house , for their vote of decemb. 5. carried without any division , and by above 2. parts of 3. then present , without ejecting and dissolving the whole house , and themselves too , whose vote was included in theirs , and subverting the very essence and foundation of all parliaments . 5. that every * member present in the house , at the putting of any question ( then debated ) is bound by orders of the house to give his ay thereto , or no , according to his judgement , and conscience , freely and uncontroulably , without the least question , check , or censure . this freedom of debate , voting and speaking the mind , being the grand essential privilege of parliaments , ( giving both the name and essence to them ) which every sp●ker demands , and every king granted at the beginning of every parliament , and of this now sitting . therefore for the minority of the house , by the army-officers proposals and desires , to make it criminal and a breach of trust , demeriting not only censure , but suspension , exclusion and ejection out of the house , and that not in one or two members , but the majority of the house , ( the house it self , ) as in our present case , only for the vote of decemb. 5. 1648. touching the kings concessions , and no vote else whatsoever , in any other parliament , or this , before or since this vote , is not only the extremity of partiality and injustice , but an utter subversion of the very essence , name and foundation of parliaments themselves , without president in any age . 6ly . if one single member alone give his ay , or n , to any question proposed , against all the rest of the house , though the question seems most clear and undisputable , yet he is neither censurable nor questionable for it , because it is his privilege and freedom as a member , as was resolved in dr p●rryes case in the parliament of 27 eliz. ( reported by scobel out of the journal , ) who gave his single no , against the bill against jesuites and recusants ; and in the cases of all single ayes or noes , or but of 2 , or 3. members against all the rest , in all former parliaments , and this last , who were never once questioned or suspended for them , nor ordered to retract their single votes . therfore the suspension & ejection of the majority of the house for their vote of dec. 5. after so long & great debate , ( given upō the greatest grounds of conscience , law , justice , prudence , reason and publick safety , ) and for their refusal to retract and protest against it , by order of the minority of the noes , entring their dissents against it , during their forcible seclusion from the house , must questionless be most antiparliamentary , erroneous , injurious , subver●ive to the freedom of parliaments . 7ly . that a matter (f) once debated and put to the question in the house , ( especially when full and free ) carried in the ay , or no , by the majority of the house , ( without any surprize or fraud , as the vote of dec. 5. was , against all force and menaces to prevent it , ) ought to stand as the judgement of the whole house , and cannot by the rules of parliament be questioned again , or nulled and revoked , ( especially by the minor part in the absence and forcible seclusion of the major , ) during that session of parliament , no more than an act , or a judgment given and entred in the g courts of westminster , reversed in and by that court which gave it ; because all votes and judgements , would otherwise be nugatory , arbitrary , reversed and nulled over and over , and debates concerning them endless : as was resolved in sir francis goodwins case , upon long debate , 27 martii , & in april , anno 1604. and oft before and since . therefore our vote of the 5th . of decemb. could neither be questioned nor repealed by the dissenting mi●ority , nor protested against , but stands still in force ; much lesse then the majority who assented to it , be suspended & ejected the house by the minority for not retracting and entring their protests against it , being a practice fatal to all votes and parliaments , if admitted just in this , passed upon so full a debate . 8ly . that (p) no member ought to be questioned for any offensive words , displeasing to the whole house , or any particular member , let fall upon any debate , unlesse exceptions be taken to his words the same day , before he goeth out of the house , and satisfaction given , or judgement inflicted on him the same day . but no exception at all was taken to the debate , or vote of the secluded members by the house , or any member thereof the same day , nor in several daies after , but only by such army-officers out of the house , who were no members , and not privy to the debate . therefore they ought not to be suspended and excluded for it many weeks , months , and now ejected out of the house for their vote alone , and debates thereupon , above 11. years after . 9ly . i that the speaker himself by his letter , iuly 29. and both houses by their printed ordinance of august 20. 1647. declare and resolve , all votes , orders , ordinances , declarations passed in the house , whiles under a visible force , and the members forcibly driven from it , or unable to repair to , or ●it in it with freedom and safety , to be null and void to all intents ; and if that force upon 50. or 60. of them now sitting by cromwell , apr. 20. 1653. & lambert , and others , oct. 13. 1659. was antiparliamentary , treasonable , and but a mere interruption not dissolution of their session , nor an inability for them to sit again , though some of those who ejected , and declared them dissolved , were then members of the house , backed with the army . then by the self-same , yea better reason , the former , late , present orders and votes for the suspension , exclusion and ejection of the majority of the members out of the house , made by the minority , whiles sitting under an actual force , secluding them by commands of them now sitting , must be null and void to all intents , and no wayes disable them from sitting , when the armed force secluding them is removed . 10ly . that the (b) house of lords heretofore in the parliament of 2 caroli , when the earl of arundel , a single member of their house , was imprisoned and restrained by the king without their privity , from sitting in the house ; and since that (c) both houses , ian. 5. 1641. at the beginning of this parliament , when the king impeached , and only demanded the lord of kimbolton , and the 5. impeached members of the commons house , ( whereof sir arthur hasl●rigg was one ) without seising either of them ; adjourned and refused to sit or act as an house , till their members were restored to sit in saftty , and this high breach of their privileges vindicated . therefore by the self-same rule and presidents , they ought not now to sit and act , till the former and last violations of them by the army-officers and their gards forcible seclusions and securings of them by their order , be vindicated , and they restored to sit and act freely in the house with safety , without any future interruption . 11ly . that no particular member of parliament in the commons house , by the constant course , proceedings and presidents in our parliaments , may or ought to be censured , imprisoned , suspended or ejected the house , unlesse he be 1. particularly accused or impeached of some misdemeanour , crime or breach of trust , deserving imprisonment , suspension , or exclusion . 2ly . particularly summo●ed and resummoned to answer his charge , if absent , or commanded to answer it , if present in the house . 3ly . freely admitted to make his particular answer and defence thereunto in the house , where he is to fit and vote as a member , till convicted or suspended by special order . 4ly . legally convicted by his own confession , evidence or witnesses produced face to face . 5ly . particularly sentenced by judgement pronounced against him at the bar , and that judgement particularly entred against him by name in the iournal-book , or records of parliament . this is evident by the antient presidents of sir william courtney , an. 16 r. 2. rot . parl. n. 6. of roger swinerton , an : 17 r. 2. rot : parl : n. 23. thomas thorpes case , 5 h. 4. rot : parl : n. 38. by thomas thorps case , when speaker , 31 h : 6. rot. parl : n. 25 , 26 , 27. arthur halls case , 17 maii , & 4 febr. 1580. peter wentworths case , 8 febr. 1575. thomas longs case , 8. eliz. entred in the journall , reported in cooks 4 institutes , p. 23. and scobels memorials , c. 12. in sir edmond sawyers case , saturday 21 junii , 1628. the earl of straffords , and archbishop lauds cases and trials upon their impeachments of high treason this parliament , as members of the house of p●ers : the cases of sundry members put out of the house of commons , in the beginning of this parliament , 1641 , 1642 , 1643. the proceedings of both houses against their members , who contrary to their trusts , (a) deserted the parliament , withdrew themselves voluntarily from it , and took up arms against it , who were 4. times summoned to attend the houses , ( which they neglected to do ) without any disability , or new ingagement put upon them , before they were disabled by iudgement to sit in the house during this parliament , in which judgements they are particularly named , and after that by a general ordinance of both houses 29 junii 1644. the judgement against them was confirmed as is evident by the * journals of both houses . and the proceedings of those now fitting ( since their vote of jan. 5. ) against sir henry vane , jan : 9. and col. sydenham , and major saloway , since : who were all permitted to sit and vote in the house , till particularly impeached , heard , convicted , and received their judgements at the barr , before they were ejected , or suspended , though they joyned with the army-officers who excluded them october 13. both in councils and actings against their restitution . which being denied only to all and every of the secured and secluded members , and to them alone , though the majority of the house , guilty of no crime ; meerly for their vote , dec : 5. and were forcibly secluded both the house and lobby , dec. 27. and voted out of the house , jan. 5. 1659. without any accusation , hearing , defence , conviction , or particular judgement against any of them by name , must needs be the extremity of anti-parliamentary injustice , especially in those of the long robe , sitting in , and advancing themselves to the seats of justice in all the courts of westminster . 12. it is the undoubted privilege and birth right not only of members , but of the meanest , despicablest and most flagitious commoners of england , if complainants or petitioners , to be admitted freely both into the lobby and commons house , without forcible seclusion , to present their complaints , grievances , for their relief or redresse ; or if a delinquents , to be accused , summoned , heard , duly convicted and particularly sentenced at the bar by name , before they be committed , or sentenced , as all parliamentary records , journals , & daily experience attest ; therfore that the majority of the members ( persons of greatest eminency , interest , integrity , representing most counties , cities and boroughs of the realm ) should be denied that justice and privilege which the meanest commoners and most exec●able del●●quents enjoy as their birthright , only for their vote , and that by their fellow-members , ( the greatest pretenders to publick justice , liberty and saintship , ) is not only anti-parliamentary and injurious , but stupendious in the sight of god , angels , men , and the whole nation . 13ly . the whole house of commons , and some of our secluders , in the case of the xi . m●mbers , impeached by the army ( 9. of them now secluded ) upon long and full debate june 25. 1647. resolved , unanimously on the question , without one dissenting voice ( as to part of the armies general charge against them , for something they had spoken , and done within the house ) that it did not appear , that any thing had been said or done by them in the house , touching any matters contained in the charge , or papers sent from the army , for which they could in justice suspend them from ●itting and voting in the house . in the debate whereof they all concluded , it was a high breach of privilege , for the army or any others out of the house , to impeach any members for things spoken or done within the house , whereof the house alone is to take notice , and be the sole judge . therefore by this very vote and resolution , the house upon the armies proposals , and desires alone , ought not in justice to suspend , much lesse forcibly to seclude and eject us , only for our vote within it , and it was a transcendent breach of the privileges of the house , to receive their proposals decemb. 6. and their answer january 3. complaining against our vote , and to make it the only ground of our suspension and seclusion ever since , and now of our ejection . 2ly . they then unanimously resolved , that by the laws of the land , no iudgement can be given to suspend those members , or any of them from sitting in the house , upon the paper presented from the army , before particulars offered , and proofes made against them . therefore they cannot suspend , seclude and eject , both them and the majority of the whole house now from sitting , or voting with them any more , only for their vote , without any other particular charge , hea●ing , conviction , or judgement pronounced against them at the bar . 14ly . had this vote and judgement of supension and discharge been given against any one of the suspended members , in a full and free house and parliament , and ratified by an act , or ordinance of both houses , without any legal summons , tryal and hearing at the bar , yet it had been erroneous , null and void , and ought to be reversed as such , and that by the expresse judgements and resolutions of the parliaments of 28 e. 3. rot. parl. n. 7 , to 14. & 29 e. 3. n. 29. in the case of * roger mortymer earl of march , who in the parliament of 4 e. 3. rot. parl. n. 1. was impeached in parliament of high treason , for murdering of king edward the 2d . after his deposing , for accroaching to himselfe royal power , and the government of the state over the king ; for comming to the parliament at salisbury with force and arms , contrary to the kings writ and prohibition under his seal , that none should come to the parliament with force and arms , under pain of forfeiting all that he could forfeit to the king . whereupon the earl of lancaster , and others of the lords , by reason of his force , came not at all : and when in the prelates were there assembled in an house at the said parliament , to consult about the affairs of the king and realm , the said roger broke open the doors of the house upon them with men at arms , and threatned them of life and of member , if they should be so hardy to speak or do any thing against his will and ordinances . and did so much in the same parliament , that the king made him earl of march , and gave him many lands and tenements , to the dis-inheriting of the crown ; and afterwards the said roger , and those of his confederacy , led the king armed against the earl of lancaster and other peers of the land to winchester , where they were comming towards the king to the said parliament at salisbury : whereupon the said earl and other peers of the land , to avoid the peril that might happen , out of reverence to the king , departed and went towards their country , grieving that they could not speak with , nor counsel the said king , as they intended and ought to do . and for several other grand misdemeanors drawn up and entred in the parliament rolls in 14. articles in french . upon these articles ( by reason of the notoriousness of the facts ) he was by judgement and act of parliament , condemned and executed as a traytor , in 4 e. 3. without being brought personally to answer , or make his defence at the bar , and his lands forfeited to the king . whereupon in the parliament of 28 e. 3. roger mortymer earl of worcester his cousin and heir , by petition prayed , that this act of his attainder might be examined , and the judgement against him reversed for manifest errors therein . whereupon the record was brought into the parliament , and the articles , judgement and proceedings read at large . which done , it was alleaged , that the judgement was defective and erroneous in all points ( not for the substance and truth of the charge ) but for that the said e. was put to death and dis-inherited , sans nulle accusement , et sans estre mesne au juggement , ou en respons , without any accusation face to face , and without being brought to judgement , or to answer . for which cause it was prayed , the said act a●d iudgement might be reversed and annulled . and for these reasons our lord the king , prince , dukes , earls , and barons , by * accord of the knights of counties , and of the commons , reversed and annulled the said records and iudgements , and adjudged them erroneous and void ; and the parliament of 29 e. 3. did likewise confirm and assent thereto , as the parliament rolls attest . if then this judgement , though ratified by an act of parliament , upon particular articles of impeachment , true in substance , ( against this arch-traytor , and first forcer of parliaments by armed men extant on record ) was reversed as erroneous , void and null , because he was not accused face to face , nor brought to judgement , and answer at the bar before his judgement and execution , though there was a judgement given against him by name in the parliament roll and act : then much more must the judgement and vote against all the secluded members and majority of the house , kept out thence by armed gards , by command of our secluders and judges , without the least accusation , articles of impeachment , hearing , trial , or bringing us to the bar to hear our judgement , or naming any of us particularly therein , be unparliamentary , erroneous , void and null to all intents , and no waies obligatory to us , or those for whom we do serve . 2ly . it is altogether erronious , illegal and void in law , 1. by the great charter of our liberties , 9 h. 3. c. 29. confirmed in above 40. successive parliaments , by the statutes of 25 e. 1. c. 1 , 2. 28 e. 1. c. 1 , 2. 5 e. 3. c. 9. 25 e. 3. c. 4. 28 e. 3. c. 3. 42 e. 3. c. 2 , 3. the petition of right , 3 caroli , and sundry other statutes , enacting and providing , that no freeman of england , shall be outed of his freehold , liberties , franchises , outlawed , pas●ed upon , fore-judged or condemned , unlesse he be , 1. lawfully accused , indited and impeached . 2ly . summoned and brought in to answer by legal processe . 3ly . brought to judgement , trial and hearing at the bar , and admitted to his just defence . 4ly . legally convicted by his own confession , or witnesses produced face to face . 5ly . particularly judged and condemned by sentence at the bar . and if any judgement be given to the contrary , it shall be reversed and holden as null and void ; all which particulars failing in our case , and judgment , it must be erronious , void and null to all intents . 2ly . by all the presidents , forms , entries , in cooks 3 institute● ch. 101. of judgement , old book of entries , fitzherbert , brook , statham , ash title judgement , treason , debt , &c. all entries and records of judgements in parliaments and other courts of justice , wherein no judgement was ever yet given against many in the grosse , ( as now against 200. members or more ) without naming any of them , but alwaies particularly by name , the judgment being else void in law , for its generality and incertainty , as ours is , wherein not one secluded member is named , nor in any vote or order for our suspension or exclusion . 3ly . it is a maxim in law (m) that no man ought to take advantage of his own covin or wrong , much less be both a judge and ●arty , it being both against justice and reason too : therefore the minority of our fellow-members , cannot first seclude us out of the house by covin , wrong & armed force , against our rights , privileges , the protestation , covenant , & then as our judge , exclude us from sitting with them , behind our backs , only for dissenting from them in our votes and judgments , crossing their own private interests and innovations , repugnant to the publike interest , peace , and settlement of the kingdom which we then endeavoured to effect . 4ly . the statutes of 5 r. 2. c. 7. 15 r. 2. c. 2. 8 h. 6. c. 9. & 31 eliz. c. 11. prohibiting all entries into houses , lands or tenements , where the entry is given by law , with strong hand , or multitude of people , and armed men , but only in peaceable and easie manner ; or keeping possession thereof , after peaceable entry , by force ; enabling all justices of the peace , to view and remove such force , and punish those who are found guilty of it , upon inquest , by fine and imprisonment ; do questionlesse prohibit the entry of our secluders , into the commons house of parliament , by strong hand , and multitudes of people , and armed men , against the usage & priviiege of parliaments , garded hitherto , * caritate & benevolentia civium , non armis . and their keeping out the majority of their fellow m●mbers , by armed force , and votes , without any colour of law or reason but only their vote therein decemb. 5. may more justly expose them to fines and imprisonments , than any other forcible enterers into , or detainers of other mens houses , the whole kingdom being prejudiced and dispossessed in their representatives by these forcible detainers of the commons house . 5ly . the notable (p) variance between their orders of 1648. & 1649. touching our suspension and seclusion , wherein they alwaies stile themselves , the house , and this house , as likewise in the body of their order decemb. 27. 1659. from their vote of january 5. and their other papers , wherein they stile themselves , the parliament , and the parliament of the commonwealth of england , scotland and ireland ; and their judgement , the judgement of the parliament ; and from the act of 17 caroli . c. 7. by which they pretend to fit , which only stiles them , the commons in this present parliament assembled , and the house of commons ; makes their judgement void to all intents , especially compared with the entry of their own journal by their clarke , april 20. 1653. that they were dissolved on that day , and so have no right now to sit , by virtue of this act , or to pronounce any vote or judgement against us . 3ly . this judgement and vote against us , is void and null by the law of nations , the very pagan , idolatrous babylonians , persians , caldeans , romans , and all other nations , condemning and sentencing no person or malefactor whatsoever , but in his presence ; it being not their manner , to condemn , or censure any man , before he who was accused , had his accusers brought face to face , and had license to answer for himself , concerning the crimes laid against him , and was legally convicted of them , and had his crimes mentioned in his mittim●● and judgement , they deeming it unreasonable , to imprison or condemn any man , and not withall to signifie the crimes laid against him : as you may read at leasure , 2 kings 25. 6 , 7. jer. 52. 9 , 10. ezra 7. 25 , 26. esth. 1. 12 , to 22. c. 2. 1. acts 23. 25. c. 24. 2 , to 23. c. 25. 2 , &c. 16 , 17 , 18 , 27. in alexander ab alexandro , geni●lium dierum , l. 3. c. 5. & frederi●us lindebrogus , codex legum antiquarum . this being a principle amongst them , * qui aliquid statuerit parte inaudita altera , licet rectè statuerit haud aequus est judex . and that all their * senators , ought to vote freely in the senate ; and the major vote to sway . therfore our judgment , exclusion , without accusation , hearing , witnesses , trial , conviction , behind our backs for our major vote , must needs be most unjust and void , if the very heathens and laws of all nations be umpires between us & our ejectors . finally , this judgment and vote is contrary to , yea void , null by the law of god , ( the * righteous judge of all the earth , ) as appears by comparing it with num. 35. 30. deut. 17. 4 , to 13. c. 19. 15. c. 16. 18 , 19 , 20. 2 chron. 19. 5 , 6 , 7. john 7. 51. and condemned as unjust , by the president of god himself ; who as he doth not pervert judgement , nor do wickedly , job 8. 3●c . 34. 12. but judgeth uprightly without respect of persons , 1 pet. 1. 17. justice and judgement being the habitation of his throne , from whence he administreth judgement in righteousness , ps. 89. 14. ps. 9. 8. so he alwaies pleads with malefactors , and judgeth them face to face , ezech. 20. 35. thus he proceeded against and judged the very first offenders , eve adam , and the serpent , for the first offence in the world after the creation , summoning all three of them before him , and impeaching and hearing their answers to his charge , and last of all giving a particular judgement against each of them according to their offences , gen. 3. 8 , to 20. as a president for all other judges to imitate . and thus god and jesus christ will proceed in the last general judgement of the whole world , when all mankind and every person good or bad , from the creation till the worlds expiration , shall be summoned and personally stand and appear before the judgement seat of god and christ , where every one of them shall give a particular account of himself to god , of whatever he hath done in the body , whether it be good or evil , ( and we and our secluders too amongst the rest ) and be judged according to their works , and receive a particular sentence of condemnation or absolution , as eccles. 12. 14. mat. 25. 33 , to 46. rom. 14. 10 , 11 , 12. 2 cor. 5. 10. rev. 20. 12 , 13. mat. 12. 36. rom. 2. 1 ▪ 2 , 3 , to 13. resolve . upon all which premises we conclude , the votes & proceedings against us by our fellow-members , to be erroneous , injurious , unrighteous , nul and void to all intents ; and if they and the army-officers , for want of law , reason , presidents , shall still endeavour , ( as hitherto ) to make them valid , and obligatory to us and those we represent , only by club-law and violence ; we shall then conclude , as the lords and commons ( and most of themselves heretofore , ) did in their declaration of august 4. 1642. against the king and his forces , who were never guilty of so high a violation of our privileges , as those now sitting . * if the king may force this parliament ( by demanding only 6. members of it , and our secluders now by excluding above 200. at once by force and arms ) we may bid farewell to all parliaments from ever receiving good by them . and if parliaments be lost , the people are lost , their laws are lost , as well those lately made ( for triennial parliaments , and the continuance of this , against the council-tables extravagances , &c. ) as in former times ; which will be cut in sunder by the same sword now drawn for the destruction of this , ( by ours and others forcible seclusions . ) then if they will not come and help the parliament , and save themselves , though both they and we must perish , yet have we discharged our consciences , and delivered our souls , and will look for a reward in heaven , should we be so ill requited upon earth , by th●se of whom we have so well deserved : which we cannot fear , having found upon all occasions such real demonstrations of their love and affection , and of their r●ght understanding and apprehension of our and their common danger , especially now , that the question is so clearly stated . we shall only subjoyn 3. considerations more in point of law and prudence , arising from our forcible seclusion and exclusion by the minority of our fellow members . 1. that both houses , and most of themselves have declared in their s declaration of 23. octob. 1642. that the raising of forces only to force some particular members of this parliament , ( as the 6. impeached by the king ) to be delivered up , and secluded the house , is a levying war against the parliament ; for to raise an army to compell the parliament to expose these members to the fury of these wicked counsellors , that thirst after nothing more , than the ruine of them and the commonwealth ; what can be more evident , than that the same is levied against the parliament ? for , did they prevail in this , then by the same reason they might d●mand twenty more ; and consequently , never rest satisfied , untill their malice and tyranny did devour all those members they found crosse and opposice to their lewd and wicked designs . and so by depriving the parliament of their members , destroy the whole body . that both houses in their votes of 20 maii 1642 ▪ t resolved , that the levying war against the parl. is treason ; and whoever shall assist the king ( though the chief member and u head of the parliament , much more then any inferior members of it ) in such a warr , are traytors , by the fundamental laws of the kingdom , and have been so adjudged by two parliaments 1●r . 2. 1 h. ● . and ought to suffer as traytors . which votes were seconded by many x ordinances , for sequestring and confiscating the real and personal estates of all members of parliament , and others , who sided with the king and his forces against the houses of parliament ; by the condemnation of mr: waller , and execution of mr. tomkins , and others , as traytors y for conspiring to seise several members of both houses , by force of arms , under a pretence of bringing them to justice , by a commission from the king , dated 16 march 1643. though they actually attempted not to se●fe any member . by the proceedings against the * members of both houses deserting the parliament , under pretext , that they were forcibly driven away from westminster by seditious tumults and imposed trayterous oaths , summoned to meet at oxford by the kings proclamation of jan. 29. 1643. where 49. members of the lords house , and 175. of the commons house assembled , and sate in council with the king ; and yet for levying war against the majority of the parliament , and both houses sitting at westm. they were are all of them sequestred , and after several summons , discharged to sit in either house by a special ordinance ; & (z) some of the said lords , together with the king himself , condemned and executed as traytors for levying war against the parliament , and majority of the m●mbers , at a great distance , not personally in or at the house doors , without se●uring or secluding any members or interrupting their sitting in the house by armed forces . if then it were high treason in the king and his party to raise forces to demand and secure but 6. members of both houses by force ; and for the minority of the lords and commons house , to levy war against the majority of the parliament only at a distance , for which they were thus sequestred , conde●●ed , executed as traytors , even by those now sitting , as well before as after our seclusion ; we refer it to their own consciences , judgements , and the whole kingdom to determine , whether it be not a higher and worser treason & levying war against the parliament , for them , being but the minority of the house and members , to engage and order the very * forces raised against the king and his party , to gard and defend the members to both houses , to fit and vote with freedom and safety , by armed force to secure and imprison above 40. members at once , and to seclude above 200. more by their commands , being the minority of the house , at the house doors , and suppress the whole house of lords three or four times one after another , after their executions and sequestrations ; and what punishment such unpresidented offences de●●erit , should we demand justice against them for it , after so many provocations , and not willingly prete●mit it upon their repentance and satisfaction , for the publick peace and settlement in the midst of our present dist. actions , upon their voluntary admission of us , without any of their new eagagements on our consciences , to discharge our trust , and prevent the ruine of our three kingdoms , by their rash and dangerous counsels . 2ly . that their own votes , publications , and censures against the army-officers , as well members as others , who forcibly excluded and dissipated themselves beyond expectation , april 20. 1653. and october 13. 1659. ( a just , divine retaliation , for secluding their fellow-members ) which they deemed both tyrannical , yea treasonable in them , and deme●iting expulsion out of the house , in sir h. vane , and others of their own members , who gave a subsequent assent thereto , will now recoyl upon themselves with infinit disadvantage , and draw some new (a) exemplary punishment of god upon them for their new forcible secl●●sion and ejection of us ; they being but 60 at most , and we near 200. they having * violated their trusts , protestation , covenant , and the privileges of parliament , which they were obliged constantly to maintain all their daies , without defection or apostacy , by our former exclusions and ejection , and we having done neither , but only endeavoured inviolably to preserve them by our vote , and claims to sit in the house : they keeping up the same armed gards , as their only security to sit , which secluded us heretofore , and now , & twice ejected them ; and we desiring no other gards , but those (b) pliny (c) seneca , d tully , inform us to be the best and safest of all other , our own innocency , and the peoples love for whom we serve , remembring that of pliny to the good emperor trajan , quanto tutior , quanto securior eadem domus postquam ejus non crudelitatis sed amoris excubiis , non solitudine & claustris , sed civium celebritate defenditur ? frustra se terrore succinxerit , qui septus ●aritatenon fuerit ; armis enim arma irritantur ( as we have found by sad experience ) vnum est inexpugnabile munimentum , amor civium ; which they will never gain , but lose and forfeit by our unjust seclusion , and expulsion . 3. that it is a maxime in law , inserted into the very writs of summons to parliaments (e) calus . 23 e. 1. m. 4. dorso , as a most just , and provident law , established by all prudent pious princes , and the very reason and ground of all parliamentary assemblies , ut quod tangit omnes ab omnibus appr●betur . hereupon our judges and (f) law-books resolve , that general acts made , and taxes granted in and by parliaments , oblige all men , upon this only account and reason , because all counties , cities , boroughs and ports , are parties and consenters to them in parliment , in and by their knights , citizens , burgesses and barons , impowered with full and sufficient authority for themselves , and the commonalties of the said counties , cities , boroughs and ports , by their indentures and retorns , to consent to , and do whatever shall happen to be ordained in parliament by common council ; as the last clauses in the writs for elections , with their retorns and indentures resolve ; and for want of which power , and representatives , if secluded , no acts can be passed , no taxes imposed on them that are obligatory . and upon this very ground , the statutes of 25 e. 1. c. 5. 8. & de talligio non concedendo , c. 1 , 2. 14. e. 3. stat. 1. c. 21. stat. 2. c. 1. 15 e. 3. stat. 2. c. 1. stat. 3. c. 5. 21 e. 3. rot . parl. n. 16. 25 e. 3. rot . parl. n. 16. 27 e. 3. stat. 2. c. 2. 36 e. 3. rot . parl. n. 16. 38 e. 3. c. 2. 38 e. 3. rot . parl. n. 40. 51 e. 3. rot . parl. n. 25. 11 h. 4. rot . parl. n. 50. the petition of right , 3 car. and the statutes of 17 car. c. 1. 8. 12. made at the begining of this parliament , do all enact , declare and resolve , in precise words ; that no tax , tallage , ayde , subsidy , loan , custom , imposition , or other assesment whatsoever , shall or may be imposed , or levyed on the subjects , without common consent of the lords and commons in full parliament , by act of parliament : and those now sitting in their printed paper , octob. 11. 1659. intituled , an act against the raising of monies upon the people , without their consent in parliament ; enact , that no person or persons shall after the xi . of october 1659. assess , levy , collect , gather or receive any customs , impost , excise , assesment , contribution , tax , tallage , or any sum or sums of money , or other imposition whatsoever , upon the people of this commonwealth without their consent in parliament or us by law might have béen done before the third of novemb. 1640. and it is further enacted and declared , that every person offending contrary to this act , shall be , and is hereby adjudged guilty of h●gh treason , and shall suffer , and forfeit as in case of high treason . if then they shall forcibly seclude , not only the whole house of lords , but the majority of the knights , citizens and burgesses , out of the commons house , as now they do , most counties , cities and boroughs of england , having not so much as one knight , citizen or burgesse , to represent them , being all forcibly excluded , or dead , they being not a fifth part of the house , ( who could never legally impose any tax upon the people , before nov. 3. 1640. nor since , as all these acts , with * sundry other records and law-books resolve ) they can make no laws , orders , ordinances , that are binding , nor impose the least tax , talluge , imposition , excise , contribution , or any other payment whatsoever , upon the people of this nation , much lesse upon us , whom they thus forcibly exclude , and those counties , cities and boroughs for which we serve ; nor any person or persons levy them , without incurring the crime , penalty , and forfeiture expressed in their own late act , it being a received maxim amongst all politicians , lawyers , nations (h) populi minor pars , pop●l●m non ol ligit ; and that nothing is or can be said to be done , or acted , by the common council and consent of the people in full parliament , by act of parliament , which is done and acted only by the minor part of the commons house , when the greatest part of the members of parliament , are forcibly s●oluded , or driven thence by armed violence , especially by the commands and consederacy of the minority of their fellow-members ; our present case and condition , which we represent , to the whole nations serious consideration , and of a full and free parliament , as thus st●●●d in matter of fact , and debated in point of la● , for our necessary vindication , and theirs we represent ; and to our secluders second thoughts : who having in their fresh * declaration of the 24. of this instant jan. published , that their intentions are , and that they are resolved , ( through the goodnesse and assistance of god ) to remain constant and unmovable , that the people of these nations may be governed from time to time by representatives in parliament chosen by themselves , in whom alone the supream authority of these nations doth and ought to reside ; and that they should be governed by the laws , and that all proceedings touching the laws , liberties , and * estates of the free people of this common wealth , shall be according to the laws of the land : it being their principal care to provide for the freedom of the people , against all arbitrarinesse in government ; and that it is one of the greatest cares they have upon them , how to give the people that ease from their present burthens , which their impoverished condition calls for . we hope they will not immediately violate it in the case of us ▪ who are their fellow-members , the majority of the house , and the representatives of the greatest part of the people , intrusted and chosen by themselves , who earnestly press our frec admission , by secluding us against all rules of law and justice , and imprisoning those * gentlemen and freemen sent up with * letters unto them from the several counties and places we represent , to demand our speedy restitution to our trusts , as the only means to redresse their many insupportable grievances , and by gods blessing to reduce them to a firm , free and legal settlement of their rights . and by imposing on the whole nation ( in their miserably exhausted condition , and want of trade ) and us their excluded fellow-members , and those many counties , cities and boroughs we represent , a monthly tax of one hundred thousand pounds a month , for six months time , to begin from december 25. last , without and against our privity and consents ; especially after their enforcing the people to pay a whole years contribution within three months space , contrary to the first grant thereof , under the late protector , upon their first convening in may last , during these very 6. months space , they paid before hand , on which they now tax them afresh , higher than ever the old parliament , or their new protectors , or any kings of england in former times have imposed ; an oppression not to be presidented in any age . and all to pay forces to keep us out of the houses , and support themselves in their usurped * parliamentary power , and discharge those debts , their own extravagant councils and actions ( in not hearkning to our vote for which they excluded us ) have contracted , only to make us more miserable , base , slavish , unsetled than ever heretofore . upon the whole matter which we have truly stated , and debated ( though with some distraction , and interruption ) in our own behalf , and of those counties , cities and boroughs by whom we were elected , and whom we have faithfully served in parliament , according to their trusts reposed in us ; we do appeal from the armies unjust force and illegal violence , and from the unpresidented , generall unreasonable , unparliamentary votes and judgements of a few of our dissenting fellow-members , procured by the force and demands of the army , and passed by parties behind our backs , during our forcible seclusion , only for our free vote in parliament , when they and the commons of the whole kingdom were involved therein by the resolution of the majority of the house , unto the impartial judgement of a full and free● parliament : and in the mean while we do claim the benefit of our laws , and especially of the great charter , the petition of right , and the good acts made in the beginning of this parliament , ( after so much blood and millions of our treasure expended ) for the protection of our persons , estates , & liberties , and of those we represent , against all arbitrary . proceedings , votes , impositions , taxes , and armed violence of our secluders , or their forces , that whereas by the * ordinance of god , the sword is given to the magistrate , only for the punishment of evil doers , & for the prayse of them that do well , we nor any of us who are quiet in the land , and accountable to law , wch is our birth-right , may not be hunted or seized by souldiers , for our former vote , and observing the declarations and remonstrance of this parl. the protestation , solemn league and covenant , and other oaths which lawfull authority have ingaged us in , ( and our secluders joyntly with us , and the army-officers too ) and in the consciencious observance whereof we hold our selves obliged to live and die . and having nothing ( if we know our own hearts , ) in our thoughts or endeavours , but that the true reformed religion may be preserved and flourish ; the plots of jesuits and romish emissaries prevented ; the privileges , rights , honour , and splendor of parliaments vindicated and restored , the laws and liberties of the kingdom cleared , rescued , and preserved from arbitrary violations , a d●e regard had to tender consciences , intollerable publick burthens eased , as comprehensive an act of o●l●vion and free pardon past , as will stand with publick safety , honour and justice ; trade in city and country restored , the increased swarms of starving poor relieved and imployed ; just debts and rewards both to souldiers , purchasors , and others satisfied and secured , and these ruined kingdoms happily established upon lasting foundations of truth , righteousnesse and peace ; now we have cleared our selves to the world , and those who have entrusted us , we can patiently attend gods future dispensations ; yet should be very glad , that as a * few of the faithfull nobility , when the kingdom was in much lesse danger , were judged so considerable , as to prevail with the late king to follow their advice , for the calling of this parliament in 1640. so in this time of the greatest dangers and difficulties , that these 3. nations and the protestant cause throughout the world , ever wrestled or contended with , there may not be found amongst us , a generation of men , who for filthy lucres sake , particular groundlesse fears , apprehensions of lesse or suffering , guilt , self-seeking , ambitious aims of dominion over , or envy , or revenge against their brethren , or pretended self-preservation , shall continue our confusions and calamities , and as vipers gnaw out the bowels of their native country ; and because of a little present power , in their hands ( which like jona●s gourd they see by sensible experience may wither in a day , or be turned against them , ) harden themselves against the safe , sober , and christian councils of so many of the nobility , gentry , ministry and commonalty of all callings and degrees , as of necessity must conceive themselve ; for the safety of the nations , or perish with them , obliged to endeavor that the great council of this nation , ( by the advice of so many persons of interest and quality ) may be suffered to sit free of force or guards , but of their own appointment , and dead places filled up by new election , untill a free parliament , according to the triennial act , may be called and convened without interruption or praelimitations . that so by sober , discreet , peaceable , impartial , full and free councils , these three languishing divided nations , and the city of london ( the metropolis of this empire ) may be restored to their former renown , honour , peace , unity , prosperity and trade , the two great pillars of magistracy and ministry , vindicated from contempt and violence , and thereby a stable settlement obtained both in church and state , to the rejoycing of all that truly fear god at home , and the reviving and preservation of the reformed churches abroad , almost totally ruined , and become a prey to the common enemy , by our and their unchristian divisions . alexander ab alexandro , genial . dierum , l. 4. c. 11. erat igitur sena●oris officium , tam de promovendis magistratibus , provinciisque administrandis , quam de bellis , triumphis , supplicationibusque decernendis , deque praefidibus in provincias , & a●xiliis submittendis , de leg● de foedere , & pactionibus , ac to●a gerenda rep. libere sentire , ac fortem constantemque sententiam dicere . et si duae senatum distinerent sententiae , cum ●liud alii ●●nferent , id quod senatus maxima pars decer●●xet , id ra●um fieri annotatum est . an exact list of the secluded members names still living and those refusing to sit , till their restitution , to undeceive the nation and world . the earl of ancram sir ralph ashton kt. arthur annesley kt. william arthington john arundel mr. ascough sir john barrington sir thomas barnardiston sir robert benloes sir george booth kt. sir humphrey bridges sir ambrose brown kt. sir roger burgoin kt. francis bacon nathaniel bacon edward bainton john barker alderman maurice barroe william bell alexander bence col. john birch edward bish john bond doctor of law john bowyer kt. john boyes kt. major brooks major general brown samuel brown serg. at law francis buller iohn bunckly kt. hugh buscoen kt. iohn button sir henry cholmley sir iohn clotworthy sir iohn corbet kt. sir iohn curson kt. iohn carew william carrent colonel ceely robert clives elias crimes lionel copley iohn crew sir thomas dacres kt. sir francis drake sir william drake thomas dacres iohn doyle mr. francis drake sir iohn eveling of surrey sir iohn eveling of wilts sir walter earl william edwards robert ellison richard erisy george eveling mr william fenwick william lord fitzwilliams sir edmund fowel william foxwist iohn francis iames fiennis kt. nathaniel fiennis iohn fiennes sir gilbert gerard kt. sir harbotle grimston samuel gardiner francis gerard thomas gewen iohn glynne serg. at law samuel gott thomas grove sir richard haughton kt. sir iohn holland col. edward harley kt. major harley thomas hatcher iames herbert peregrine hobby thomas hodges denzil hollis francis hollis george horner kt. edmund hoskins henry hungerford colonel hunt sir anthony irby richard jennings vvilliam iones sir norton knatchull george keckwich richard knightly sir iohn leigh sir william lewis sir martin lister sir william litton kt. sir . samuel luke henry laurence kt. colonel lee mr. lewis col. vvalter long col. iohn loyd kt. mr. lucas mr. luckin sir . thomas middleton kt. john mainard serj. at law . mr. christopher martin major general massey thomas middleton thomas moor william morris kt. george montague col. edward montague kt. sir robert napper sir robert nedham sir dudly north kt. sir john northcot ▪ mr. nash john nelthrop john nixon alderman mr. north col. norton kt. sir richard onslow kt. mr. onslow arthur owin kt. henry oxinden william owfield sir john palgrave kt. sir philip parker kt. sir thomas parker sir edward partridg● sir john pellam sir william platers sir john potts kt. sir nevil poole sir richard price kt. sir robert pye robert packer henry peck william pierpoint edward poole col. alexander popham mr. potter thomas povy william priestly william prynne sir frances rus●●l kt. mr. ravinscraft mr. ratclifft charles rich col. edward rossiter sir beachamp saint-john sir john seymor kt. sir thomas soam robert scawen mr. scut col. robert shap●ot col. shuttleworth mr. springate mr. simon snow henry stapleton edward stephens john stephens nathaniel stephens kt. john swinfen col. william stroud mr. shuttleworth john spilman sir john temple sir thomas treavor mr. temple mr. thistlethwait samuel terri●k edward thomas esaia thomas john thinne richard tolson kt. john treavor kt. tho. twisden serj. at law . samuel vassal edward vaughan kt. edward vaughan sir william waller tho. viscount wenman kt. sir henry worsly thomas waller esq william wheeler col. whitehead kt. henry willes capt. wingate mr. winwood william wray richard wynne kt. sir john young . in all 194. besides above 40. secluded members , now dead since 1648. whereof many were knights of counties , and of these yet living , 37. are knights of shiers , with kt. added against their names . upon an exact view of the members now sitting , or which are permitted to sit , if they were all present , being about 89 in number , there are not above 16. knights of shires , 7 citizens , and the rest burgesses , whereof seldom 50. appear at once together : the excluded and deceased members being also considered , it will appear , that the house of commons consisting by right of 508 members : whereof there are 78 knights of shires for england , and 12. for wales : there are no knights of the shires sitting in the house for these 26 english and 11 welsh counties following , bes●●es there are no citizens sitting for 14 ▪ cities following , viz. bedford shire cornwall cambridgshire derbyshire devonshire dorse●shire essex glostershire har●fordshire heref●rdshire lincolnshire lancashire middles●x munmothshire norfolk nor●humberland oxfor●shire surrey shropshire southampton suffolk somersetshire sussex westmorland warwickshire yorkshire angl●sey b●eckn●ck cardiganshire carmarthenshire . carnarvonshire denbighshire fli●shire glamorganshire pembrockshire m●●●gomeryshire rad●●shire and but 1 knight of the shire in each of the nine following counties . berkshire ch●shire hunting ●●nshire kent leicestershire northamptonshire staffordshire wil●shire worcestershire and only the full number , of knights of the shire in buckinghamshi●e nottinghamshire , rutlandshire , merionethshire . york westminster bristol canterbury chester exceter oxford lincoln worceste● c●ichester carlisle rochester coventry wells have no citizens in the house . and but one of the 4 for london , 1 for norwich , 1 for bath , glocester and salisbury alone of all the cities in engl. having their full number . and there will also appear now wanting & excluded about 313 burgesses and many of them of the principal burroughs in engl. so that the whole number now permitted to sit is about 89 and the whole number excluded or wanting 420 besides the lords so tha● upon an indifferent calculation and survey , there will scarce the 10th part of the commons be found at this time to have members representing them in parliament , and yet these take upon them to act , enact and impose , * taxe● not only as a whole commons house , but as as an absolute , full and compleat parl. of england , yea of ireland and scotland besides ▪ whose parliaments they have quite swallowed up , and monopolized to themselves ▪ imposing taxes on them , which no english parliament ever did . c. plinii pan trajano dictus melius omnibus quam singulis creditur : singuli enim dec●pere & decipi possunt ●●nemo omnes , neminem o●nes fe●ellerunt . finis . printed january 30. 1659. notes, typically marginal, from the original text notes for div a91189e-250 a exact collection p. 199. b ibid. p. 203. c ibid. p. 264 , 281. d exact collection , p. 491. e ibid. p. 494. * nota. f exact collection , p. 494 , 496. g exact collect . p. 497. h ibid. p. 509. i exact collection , p. 657. k exact collection , p. 632 , &c. l exact collection , p. 666. m exact collection , p. 773. n exact collection , p. 657 , 658 , 663 , 664. o exact collection , p. 696. p ibidem p. 697. (q) exact collection , p. 727. r p. 728. s p. 729. t exact collection , p. 736. u ibid p. 802. x ibid. p. 823. y ibid. p. 325. z ibid. p. 907. a exact collection , p. 932. & appendix , p. 4. b a collection of orders and ordinances of parliament in fol. p. 807 , 816 , 890. c a collection , &c. p. 422 , 424. d a collect. p. 496. e. essex title . e ibid. p. 599. f ibid. p. 877 , 878 , 879. g ibid. p. 877 ▪ * exact collection , p. 491 , 492. 498 , 508 , 567 , 570 , 574 , 617 , 631 , 636 , to 677. 812 , 813 , 814 , 816 , 826 , 827 , 832. 834 , 890 , 891 , 898 ▪ 902 , to 920. * none therefore , much lesse the majority of them may or ought to be suspended or secluded by the minority , or armed force . * see mr. pry●●es speech , decemb. 4. 1648. * mr. edward stephens , and col. birch . * the army officers had thrice accesse into the house , the very day they secured and secluded the members out of it . * a pretty distinction to evade their order . nota * exact collection , p. 36 , to 60. * who to make it sure dissented also , dec. 20. nota. nota. * see mr prynnes true and perfect narrative . * this was a new addition , not mentioned in any former orders . * not entred . * fidelissima custodia illius innocentia , hoc inexpugnabile munimentum munimento non egere , pli● . pa● . traja●● dictus . (a) see mr. prynnes , 1 part of the register of parliamentary writs , p. 27 , 28 , 177 , 215 , part 2. p. 80 , 81 , 82. plea for the lords , p. 278 , 279 , 280. (b) plea for the lords , p. 21 , to 37. the 1. pt. of the register of parliamenttary writs , p. 13 , 27 , 31 , 112 , 432 , 434. 435 , to 440. exact abridgment ▪ p. 43. (c) first part of the register of ▪ parliamentary writs , p. 24 , 28 , 29. plea for the lords , p. 22 , to 27. exact abridgement , p. 11 , 13 , 14 , 19 , 31 , 36 , 46 , 51 , 69 , 73 , 78 , 90 , 92 , 96 , 105 , 120 , 144 , 154 , 167 , 173 , 18● , 188 , 193 ▪ 195 , 201 , 281 , 286 , 287 , 288 , 290. 298 , 308 , 454 , 464 , p. 50 , 66 , 74 , 152 , 169 , 318 , 321 , 335 , 373 427 , 128 , 430 , 440 , 665. * 8 h. 6. c 7. 33 h. 8. c. 27. exact collection , p. 146. 274 , 494 , 700. a collection , p. 284. grotius de jure belli . l. 2. c. 26. 15● * cook● 〈◊〉 report , p. 34. 35. see scobels memorials of the method and manner of parliaments , c. 4. 6. (f) scobels memorials . cooks 4 institutes , p. 32. g dyer , 182. a. 196. a. ashes tables , error 65 , to 75. and the lawbooks there cited . (p) scobels mem●●als , c. 12. see 31 h. ● . i see 31. h. 6. c. 1. 39 h. 6. c. 1. brook and fitzherbe●● , and ash . title dure●s . a collection , p. 221 , 222 , 700. (b) plea for the lords , p. 23 , 24 , 25. (c) exact collection , p , 34 , to 60. (a) a collection of ordinances , p. 294 , 357 , 513. * 21 jan and 5 feb. 1643. & 4 , 5 , 8 , 9 , 10 , 11 , 12 , 16 , 20 , 22 , 26 , 29. augusti . 2 , 6 , 7 , 12 , 16 , 19 , 22 , 23. sept. 4. octo. 1642. see the parliament rolls , wherein receivers & triers of petitions are still appointed at the beginning of every parliament . exact abridgement of the records of the tower , tit. parl. in the table . the 1. art of the register of parliamentary writs . and plea for the lords , p. 430 , 431 , 432. * plea for the lords , p. 2●4 to 283. * being by act of parliament . (m) lit sect. 678. cooks 1 inftit . ● 35. 209 , 352 , 356 , 357. 142. hobards reports , p. 85 , 86. dyer 165. 2 r. 2. c. 2. * cicero in antonium , (p) s●●●i●zherbert , brooks , s●●ham and ash title variance . * seneca tragin medae● . * alexand ab alexandro , gen. dierum , l. 4. c. 11. interrog●vit quisque quod placuit ; di●●e●tire , discedere , & copiam judicii sui reip. facere : tutum f●●t , consultio●nes atque dinumerati sumus , vicitque sententia ●on prima ▪ sed melior & major . c. plin. pan. trajano dictus , p. 145. * gen ▪ 18. 25. * exact collect . p. 496. s evact collection . p. 650 , 655 , 657. t exact collection , p. 259 , 260. u modus tenendi parliamentum , cooks 4 ▪ instit. c. 1. x a collection of ordinances , p. 13. 14 , 33 , &c. y a collect●o● p. 200 , 201. * a collection p. 452 , 453 , 454 , 455 , 513. (z) see the 2d . part of the history of independency , and their declaration of 17 march ▪ 1648. * a lawyer now ●itting , lately used these words of the secluded members , that they would still keep them out perforce , and hold their noses to the grindstone , because they had the army on their side . (a) rom. 2 , 1 , 2 , 3. prov. 24 , 21 , 22. obad. 15. 16. judg. 16. 8. rev. 13. 10. * cooks 11. rep. f. 98 , 99. (b) pan. trajano dictus , p. 93. & lip●ius commentar. . ibid. p 94. (c) de clementia , l. 94. d in antoni●m . (e) register of parliamentary writs , part 1. p. 6. (f) 39 e. 3. 7. 2 r. 3. 11. 8 h. 6. 34 , 35. 4 h. 9. 10 17. 1 jac. c 1. brook parl. 26 , 40. 41 , 98 , 101 ▪ cooks 4 instit. c. 1. * cooks 2 instit. p. 530 , to 536 mr. hacwel●s , judge hut●ons , crooks , and mr st. johns arguments & speech against shipmony and impositions . (h) groti●s de jure del i , & p. ci● , l. 2. c. 15. feet 3. alex , ab alevandro , gen. di●●um , l. 4. c. 11. * page 8 , 9 , 10. 14. * the seizing of 4500. pounds ready money by armed troopers and souldiers in a citizens house in pauls church-yard at 12. of the clock at night , the 27th . of this january , and carrying it away by order from white-hall , is a memorable performance of this declaration . * si● robert pye , and major fincher . * see the letters from the co●nties of cornwall , devon ▪ berk● , glocester , northampton , suffolk , &c. * the highest & worst of tyra●n●es and treasons . * rom. 13. 2 , 3 ▪ 4. 1 pet. 2. 14. * exact co●●●tion , p. 13. notes for div a91189e-14480 * and that not only on the laity , but clergy too : who cannot legally , and were not formerly taxed , but only by their own ●●ee grant and con●ent in convocation . a proclamation for further proroguing of the parliament james r. england and wales. sovereign (1685-1688 : james ii) 1687 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a46556 wing j334 estc r20413 12117297 ocm 12117297 54342 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a46556) transcribed from: (early english books online ; image set 54342) images scanned from microfilm: (early english books, 1641-1700 ; 869:33) a proclamation for further proroguing of the parliament james r. england and wales. sovereign (1685-1688 : james ii) james ii, king of england, 1633-1701. 1 sheet ([1] p.) printed by charles bill, henry hills, and thomas newcomb ..., london : 1686/7. reproduction of original in huntington library. broadside. at head of title: by the king, a proclamation. at end of text: given at our court at whitehall the seventh day of january, 1686/7. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. broadsides 2007-11 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-03 mona logarbo sampled and proofread 2008-03 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion j 2r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king , a proclamation for further proroguing of the parliament . james r. whereas we did lately prorogue our parliament until the fifteenth day of february next , we for many weighty reasons have thought fit to prorogue the same until the eight and twentieth day of april next ensu●ng the date hereof : and therefore do by this our proclamation publish and declare , that the parliament shall be prorogued upon and from the said fifteenth day of february until the eight and twentieth day of april next ; whereof the lords spiritual and temporal , and the knights , citizens and burgesses , and all others whom it may concern , may hereby take notice , and order their affairs accordingly : we letting them know , that we will not at the said fifteénth day of february expect the attendance of any , but only such , as being in or about the cities of london and westminster , may attend the making the said prorogation , as heretofore in like cases hath been accustomed . given at our court at whiteball the seventh day of january , 1686 / 7 in the second year of our reign . god save the king. london , printed by charles bill , henry hills , and thomas newcomb , printers to the kings most excellent majesty . 1686 / 7. a proclamation, whereas the parliament hath been prorogued until the tenth day of february next james r. england and wales. sovereign (1685-1688 : james ii) 1686 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a46511 wing j248 estc r3308 12267991 ocm 12267991 58126 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a46511) transcribed from: (early english books online ; image set 58126) images scanned from microfilm: (early english books, 1641-1700 ; 869:16) a proclamation, whereas the parliament hath been prorogued until the tenth day of february next james r. england and wales. sovereign (1685-1688 : james ii) james ii, king of england, 1633-1701. 1 sheet ([1] p.) printed by the assigns of john bill deceas'd, and by henry hills, and thomas newcomb ..., london : 1685/6. reproduction of original in huntington library. broadside. at head of title: by the king, a proclamation. at end of text: given at our court at whitehall the eighth day of january 1685/6. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament -rules and practice. broadsides 2007-11 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-02 pip willcox sampled and proofread 2008-08 spi global rekeyed and resubmitted 2008-11 mona logarbo sampled and proofread 2008-11 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion j 2 r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king , a proclamation . james r. whereas the parliament hath been prorogued until the tenth day of february next , we for many weighty reasons , have thought fit and resolved to make a further prorogation of the parliament , until the tenth day of may next ensuing the date hereof : and therefore do by this our royal proclamation publish , notifie and declare , that the parliament shall be prorogued upon and from the said tenth day of february until the tenth day of may next : whereof the lords spiritual and temporal , and the knights , citizens and burgesses , and all others whom it may concern , may hereby take notice , and order their affairs accordingly : we letting them know , that we will not at the said tenth day of february expect the attendance of any , but onely such , as being in or about the cities of london and westminster , may attend the making the said prorogation , as heretofore in like cases hath been accustomed . and we do also hereby further declare our royal pleasure , that we shall not expect the attendance of our houses of parliament upon the said tenth day of may , but intend at that time a further prorogation to a more proper season of the year , unless some extraordinary occasion requires their sitting , whereof we will give convenient notice by our royal proclamation . given at our court at whitehall the eighth day of january 1685 / 6. in the first year of our reign . god save the king. london , printed by the assigns of john bill deceas'd : and by henry hills , and thomas newcomb , printers to the kings most excellent majesty . 1685 / 6. a letter sent from the lord willoughby of parham to the speaker of the house of peeres pro tempore, to be communicated to the lords in parliament. willoughby of parham, francis willoughby, baron, 1613?-1666. this text is an enriched version of the tcp digital transcription a96637 of text r210776 in the english short title catalog (thomason 669.f.11[124]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a96637 wing w2859 thomason 669.f.11[124] estc r210776 99869533 99869533 162775 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a96637) transcribed from: (early english books online ; image set 162775) images scanned from microfilm: (thomason tracts ; 246:669f11[124]) a letter sent from the lord willoughby of parham to the speaker of the house of peeres pro tempore, to be communicated to the lords in parliament. willoughby of parham, francis willoughby, baron, 1613?-1666. 1 sheet ([1] p.) s.n.], [london : printed in the yeare 1648. place of publication from wing. dated at end: this 6th of febr. 1647 [i.e., 1648]. annotation on thomason copy: "1647"; '8' in imprint date crossed through. reproduction of the original in the british library. eng willoughby of parham, francis willoughby, -baron, 1613?-1666 -correspondence. england and wales. -parliament. -house of lords -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a96637 r210776 (thomason 669.f.11[124]). civilwar no a letter sent from the lord willoughby of parham to the speaker of the house of peeres pro tempore, to be communicated to the lords in parli willoughby of parham, francis willoughby, baron 1648 354 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-06 tcp assigned for keying and markup 2007-06 apex covantage keyed and coded from proquest page images 2007-07 robyn anspach sampled and proofread 2007-07 robyn anspach text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a letter sent from the lord willovghby of parham to the speaker of the house of peeres pro tempore , to be communicated to the lords in parljament . my lord , with how much zeale , and how uninteressedly i have served the publike , since the very beginning of this parliament , aswell with the hazard of my person , as the expence of my fortune , is so well knowne to your lordships , the parliament and kingdome , as i need not we are out more time on that subject , knowing my integrity to the principles your lordships went upon , to bee such as i need not make a recitall of my past actions to justifie my proceedings . for i ( who know my selfe best ) know i am still upon the same foundation i ever was ; and as possitively resolved ( by gods assistance ) not to vary from it , what aspersions soever my enemies endeavour to blemish me with , or what successe my constancy to those grounds in the conclusion may meet with . i shall look no further backward to my late restraint under which i continued foure moneths patiently , expecting what could bee proved against mee by them upon whose impeachments i was by your lordships committed ; but finding their delayes very much to exceed the usuall time of proceedings in affaires of this nature ; vpon addresses to your lordships i had my liberty , resolving to make no other use of it then to have retired my selfe to privacy , not being by some thought longer fit for publicke imployment ; but whilst i was in preparation for this my intention , i finde my selfe interrupted by a fresh prosecution of the former impeachment ; and apprehending the restraint which may consequently follow , hath inforced me to use meanes for my liberty , which i desire may admit of an honourable interpretation from your lordships to this 6th . of febr. 1647. your faithfull servant f. willoughby . printed in the yeare 1648. die martis, 8. junii, 1647. a declaration of the lords and commons assembled in parliament, for making void a former declaration of the thirtieth of march concerning the army. england and wales. parliament. this text is an enriched version of the tcp digital transcription a82670 of text r210451 in the english short title catalog (thomason 669.f.11[19]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a82670 wing e1409 thomason 669.f.11[19] estc r210451 99869251 99869251 162669 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a82670) transcribed from: (early english books online ; image set 162669) images scanned from microfilm: (thomason tracts ; 246:669f11[19]) die martis, 8. junii, 1647. a declaration of the lords and commons assembled in parliament, for making void a former declaration of the thirtieth of march concerning the army. england and wales. parliament. 1 sheet ([1] p.) printed for edward husband printer to the honorable house of commons, london : june 9 [1647] imprint date from wing. expunges a parliamentary declaration of 30 march 1647 against a petition from the army. ordered to be printed and published 8 june 1647; signed: h: elsynge, cler. parl. d. com. with decorative border. reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -militia -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a82670 r210451 (thomason 669.f.11[19]). civilwar no die martis, 8. junii, 1647. a declaration of the lords and commons assembled in parliament, for making void a former declaration of the thir england and wales. parliament. 1647 252 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 emma (leeson) huber sampled and proofread 2007-11 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion die martis , 8. junii , 1647. a declaration of the lords and commons assembled in parliament , for making void a former declaration of the thirtieth of march concerning the army . whereas the lords and commons did by a declaration of the thirtieth of march last declare their sence upon a petition , with the representation thereunto annexed ; and whereas they have been since informed , that the petitioners intended not thereby to give any offence to the parliament ; and calling to minde the great and eminent service done by the army to the parliament and kingdom : the lords and commons being tender of the honor of the said army , have thought fit to ordain and declare , and be it declared and ordained by the said lords and commons in the parliament of england assembled , and by the authority of the same , that the said former declaration of the thirtieth of march be razed and expunged out of the books of the said houses , and wholly taken away and made void ; and that no member of the said army shall receive any damage , prejudice or reproach for any thing in the said former declaration . ordered by the commons assembled in parliament , that this declaration be forthwith printed and published : h : elsynge , cler. parl. d. com. london , printed for edward husband printer to the honorable house of commons . june 9. seasonable advice to the citizens, burgesses, and free-holders of england concerning parliaments, and the present elections / by a divine of the church of england. grove, robert, 1634-1696. 1685 approx. 66 kb of xml-encoded text transcribed from 21 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a42267 wing g2158 estc r2863 12781768 ocm 12781768 93828 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a42267) transcribed from: (early english books online ; image set 93828) images scanned from microfilm: (early english books, 1641-1700 ; 983:23) seasonable advice to the citizens, burgesses, and free-holders of england concerning parliaments, and the present elections / by a divine of the church of england. grove, robert, 1634-1696. [2], 39 p. printed for walter kettilby ..., london : 1685. reproduction of original in huntington library. attributed to robert grove. cf. nuc pre-1956. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament -elections. 2007-11 tcp assigned for keying and markup 2007-11 apex covantage keyed and coded from proquest page images 2008-03 robyn anspach sampled and proofread 2008-03 robyn anspach text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion seasonable advice to the citizens , burgesses , and free-holders of england , concerning parliaments , and the present elections . by a divine of the church of england . london , printed for walter kettilby at the bishop's head in st. paul's church-yard , 1685. seasonable advice to the citizens , burgesses and free-holders of england . dear countrey-men , when it seem'd good to the divine providence to remove our late king ( of happy memory ) from the cares of an earthly crown , to the joyes and rest of his heavenly kingdom , he left the world entirely beloved , and generally lamented by all his loyal subjects ; and the deep sense of having so wise , so just , so good a prince almost unexpectedly snatch'd away from us , was enough to drown the whole nation in perpetual sadness and tears . but to support us under that inestimable loss , our most gracious sovereign , that now is , has ( by the assistance of the same almighty goodness ) been peaceably established on the throne of his ancestors , in spight of all the desperate attempts , and restless endeavours of a few turbulent spirits , to deprive him of his most undoubted right of inheritance . a prince of mature age , and great experience ; and so admirably qualified for government , that , if it had not been his by unquestionable succession , his own personal worth might have been thought enough to have preferred him to a crown : and to quiet the minds of his people , and silence all the imaginable jealousies any of them might have been possibly seduced into , by the false and malicious suggestions of factious men ; the first thing he did after his coming to the crown , was to confirm the hearty professions he had often made before , to preserve this government both in church and state , as it is now by law established . for this he has already received publick thanks in several of the addresses that have been presented unto him ; and though it be not expresly set down in some , yet we may reasonably suppose it is implyed in all ; otherwise , whatever protestations they may make , it will not be believed that they can have any true zeal for god , or respect for their king , that think so gracious a promise , so frequently repeated , does not really deserve their most grateful and solemn acknowledgments . but this , and the rest of his majesty's expressions of a very great care and tenderness for his people , had that good influence , that the suspicions of the most timorous did immediately vanish : his advancement to the throne gave present ease and satisfaction , and was attended with the most universal acclamations of joy from every part of the nation . and certainly now it must be confessed to be the duty and interest too , of every english-man indeed , to do whatever lies in his power , for the continuance of our present happiness . and because the welfare of the publick may very much depend on the issue of this first parliament : it will highly concern all those whom the law has intrusted with the priviledge of electing , to make choice of persons of approved prudence and integrity , that may be able to assert the known liberties of the people , without intrenching upon the dignity of the crown . for we must needs be involved in endless miseries and confusion , unless the prerogative of the king be as carefully preserved as the property of the subject . these two must mutually support the one the other , or else they will be both in danger of a fall. but we may chance to meet this argument again before we have done . in the mean time it is like enough to be objected , that to undertake to give advice in these cases , is a very improper work for a professed divine . i know indeed , that of late years , if we did but preach obedience to magistrates , or reflect , though but gently , upon the most horrid and unnatural sin of rebellion , we were presently condemned for going beyond the bounds of our calling , and being too forward to intermeddle with matters of state. and at elections of members to serve in parliament , we could not appear in some places , without undergoing some publick affront . attempts were made to raise a general prejudice against us , and all those that had any respect and kindness for us . it was sometimes esteemed exception enough against gentlemen of very great worth , if they stood but fair in the opinion of the clergy . but it was then easily perceived , and since plainly discovered , which way the stream was running , and by what sort of men , and upon what occasion all that noise and clamour was raised . the clergy were generally firm to the established government , and professed enemies to the designs that were then setting on foot. and it was but necessary for those that were indeavouring to subvert the government , both in church , and state , under pretence of reforming abuses , to make the multitude jealous of them , and blacken them as much as possibly they could in the eyes of the people : and they wanted neither cunning , nor malice to do it . but to return some answer to what has been objected : if the things i have mentioned may be called intermeddling with matters of state , they are no more than what may be very well justified . when we were made ministers , we did not cease to be men ; and the church being , as it were incorporated with the state , he that has an interest in the one , must not be wholly unconcerned for the other . the laws allow us a vote in elections ; and without immodesty we think our selves as capable of judging , who may be fitly qualified to be made our representatives , as other ordinary free-holders are : and it would be very unjust in those , that talk so loud of liberty and property , to blame us for desireing the concurrence of our friends , much more to abridge us of the freedom of our voices in the choice of a knight of the shire : besides it is the indispensable duty of every minister of the gospel to exhort the people to fear god , and honour the king ; to preach subjection to the higher powers , not only for wrath , but conscience sake . and this they are obliged to , by an express divine command , by the canons of the church , by the common laws of humanity , and the respect they ought to bear to true piety and holiness of life : that they may contribute what they can to the preventing the miseries of civil , as well as foreign wars ; and the great increase of profaneness and irreligion , which unavoidably follows all popular tumults , and insurrections ; when the commands of almighty god , concerning obedience especially , are quite forgotten , or distinguished into nothing ; the laws of the land insolently trampled under foot ; and all reverence to authority wholly laid aside : and because it is well known what a powerful influence a parliament may have upon the settlement , or ruin of the nation , no less in our religious , than civil concerns ; this consideration alone may be sufficient to excuse a clergy-man , if he shall undertake to advise the choice of such worthy gentlemen , as to him seem the most likely to promote the real interest of church and state , in this very critical juncture of affairs . but this had never prevailed with me to adventure these papers into publick view , if there had not been a strange rumor spread over the nation , that we of the clergy were enemies , and despisers of all parliaments . this groundless calumny was so industriously propagated through the whole kingdom , not without a mixture of many other false and uncharitable reflections , that many of the people firmly believed it ; and it was so deeply rooted in the minds of some , that wherever we appeared , they were easily perswaded to take the contrary side at all elections in divers places . it is not now hard to conceive for what purposes this malicious report was invented ; what effect it had we all know . but to undeceive some well meaning men , that may still be mislead , by such unjust and scandalous aspersions ; i shall acquaint you with the true occasion of this report ; and then shew the honourable opinion we have of parliaments . the true occasion then of this report , that we were enemies of parliaments , was really and plainly no other than this : we could not express any great good likeing for some things , which sometimes happened to be carryed by a majority of votes ; and because we could not always admire all their proceedings , those who served a design by rendring us odious , indeavoured to make the world believe , that we hated the very constitution ; which is a most false and malicious scandal . i must confess , i never thought that any man was obliged to yield a blind and implicite assent to all the determinations of any assembly upon earth : this were a kind of civil popery , and more i believe than they themselves will require of us . and then what fault have we committed , if we honestly profess our dissent ; and have not learned the art of flattery , to magnify , and applaud , what we do not approve ? where every man is concerned , every man may be allowed to speak his own judgment , and to differ from whom he pleases ; provided he do it with modesty , and due respect : and to be menaced , and frighted out of this innocent freedom , is of all slaveries the most intolerable . we find even some parliaments censured in our chronicles , and very odd epithets sixed upon them ; there is one that is called the wood parliament ; it was the language of those times , and the veneration i have for these great assemblies , will not permit me to put it into more modern english . but you may see by this , that the truth will out at last ; and i cannot prophesie what character some of later date may expect in the histories of after ages , when the writer shall be secured from a serjeant at arms , and out of danger of being brought upon his knees at the bar of the house . the time will certainly come , when all men will speak , and write their minds freely of all debates , and resolves whatever . and we cannot be therefore justly condemned , if we have been so open hearted , as to express some kind of dislike of some proceedings , which as far as we were able to judge , might be made the occasions of very great and publick inconveniences . nor ought we for this to be esteemed despisers of parliaments , any more than we can be said to be enemies of monarchy , because we will not undertake to justify every thing that has been done by every crowned head in the world. but to deal frankly and plainly with you , i will give you some passages , which we could not be so well pleased with , in some of our late parliaments : some of them relate more immediately to the commoners of england , and some of them to the king himself . that which especially regards the commoners , is the punishing many of them , severely enough , without any offence against any known law of the realm there was a great noise made about abhorrers , and betrayers of the liberties of the subject : very strange and frightful words ! but what unpardonable crimes may lurk under them , will be very difficult for an ordinary man to conjecture . i have searched the statute book , and there i cannot yet discover the very names , much less any punishment appointed for the fault . now if a man should be punished , when he has not been guilty of the violation of any law ; his punishment cannot be esteemed legal and just , but meerly arbitrary , and must be resolved into nothing else , but the will , and pleasure of him that inflicts it . and yet , very many ( and it might have been any man's case ) were forced to leave all their private concerns , and brought up to london , from the remotest parts of the land , at any season of the year ; sometimes under great infirmities of body , to the certain detriment of their estates , and hazzard of their lives ; and then put under a very chargeable confinement , during pleasure , and not dismissed at length without a censure , and the payment of very liberal fees. and all this not for any offence against any law , that any one could tell of ; but only for words , casually let fall , that would not bear an action in any court in england . what a miserable condition is this ? who could tell when he was safe , unless he hung a padlock on his lips ? what patrons of liberty are these ? and what english-man is there , that had not much rather be governed by an act , deliberately passed by the lords , as well as commons , authentically confirmed by the royal assent , and sufficiently promulged to the notice of all men , than to lic at the mercy of every hasty vote of the lower house ? this is what was most of all complained of in some late transactions , wherein all free-born subjects are more directly concerned . that which more particularly respected the king , was a certain kind of resolved stiffness , in turning of many of his gracious messages ; not always expressing so much loyal reverence , as was due to majesty , under whose protection they injoyed their lives and fortunes , and that freedom of speech , which they sometimes made use of to the very utmost . but to say no more of that ; among other things of a high nature , his majesty was precluded , as far as a vote could go , from advanceing money upon any part of his revenue ; and all men were frighted , as much as was possible , from considering the emergent necessities of the kingdom , and lending any thing in the greatest exigencies of state. this seems extreamly harsh , and puts the king in harder circumstances , than the meanest of his subjects . it contradicts the most fundamental and divine principle of all justice , and equity : do unto all men , as ye would they should do unto you . for some of them might have remembred , that without a power to take up money on what estates they had , they could not have treated the several corporations so liberally as they did ; and then they had not been put in a capacity of giving their concurrence to that , or any other vote . without borrowing , the reckoning could not always have been discharged ; and i 'm sure , if all the claret , and other good liquor , that was spent at elections , had never been paid for , it had been one of the greatest grievances the nation ever groaned under since the conquest . but this is not the worst mischief that might have followed : suppose the people had been generally overawed by this vote , and an invincible armado had appeared on our coasts , with a potent army ready to be put a shoar : what a case had this poor nation been in ? no money , no men , no ammunition sufficient to oppose the invader . we had been made an easie prey to a foreign enemy : we must have tamely yielded our throats to the sword of the conqueror : every penny of money we had , every foot of land we possessed , had been at his disposal ; the whole kingdom might have been suddenly surpriz'd and inslav'd : and who had been the betrayers of the liberties of the subject then ? i believe the greatest and soberest part of the nation was something startled at such proceedings as these , that by degrees might have made us perfect vassals to our fellow subjects , that would have quite disarmed the king , and kingdom , and exposed our lives , and all that we had , to any growing power , that had but the confidence and ambition to invade us . but to imagine that we are therefore enemies to parliaments , is a very great mistake . and to convince you of this , i shall shew you the excellent use , and publick advantages of parliaments ; what it is that too frequently hinders the good effects they might otherwise have ; and what are the pernicious consequences of that ; and then desire you to accept the most hearty , and seasonable advice , i am able to give , concerning your present elections . as to the excellent use , and many publick advantages of parliaments : i must here profess , ( and i think i speak the sense of a great many more ) that i really esteem it my greatest temporal happiness , that i was born in a land , where the government is so admirably tempered , that the king has all the power that is requisite to inable him to execute justice , and protect his people , and which may be enough , by the blessing of god , to make him great , and victorious : and his subjects injoy so much liberty under him , as is abundantly sufficient to make their lives pleasant , and easie : and as the power of our kings has not been known to degenerate into tyranny ; so i wish and hope , that the liberty of the people will never be turned into a froward petulancy , and contempt of the royal authority . the parliamentary way of consulting for the publick good , has been a very antient usage in all these parts of europe , and some foot-steps of it are still remaining in most of our neighbouring nations : but the freedom and dignity of those noble assemblies has been no where so entirely preserved , as it is in this . and the benefits we might all receive from it , if not prevented by our own folly , are exceeding great ; i shall name a few that seem very apparent . and one is , that it tends directly to the increase of that love , and care which ought to be betwixt a king and his people ; for it gives them both the fairest opportunity of knowing , and understanding one another ; which is always the original ground , and first occasion of all good will , and kind inclination . and this being once produced , by the intercourse of parliaments , between the sovereign , and his subjects , will be easily preserved in the breast of the king , and may quickly be propagated , by the respective members , through every town , and county in the whole kingdom . the ordinary method of proceeding , in those honourable assemblies , seems purposely contrived for the most happy procurement of this good effect : for when all the nobility , and many of the principal gentry meet together , from every quarter , they must needs be intimately acquainted with the state and concerns of all and every part of the nation . and after they have considered , and agreed upon bills for the publick good and interest ; these cannot pass into acts , till they be strengthened by the royal aslent ; which being granted , is the most generous expression of the king's grace and favour to his people , when he gives them laws to be governed by , which were proposed , and advised for their particular advantage , by their own representatives . on the other side when the necessities of the government have been intimated to the parliament , and they freely consent to the raising such summs , as the occasion requires ; what might indeed be esteemed but a duty , may be received as a kindness . and here is the best foundation imaginable for a mutual indearment : when the king lays the highest obligations upon his people , by consenting to such laws , as make for their ease and prosperity ; and the people return their thanks for these royal favours , by begging his acceptance of such supplyes , as may be sufficient to maintain the dignity , and power of the king. the advantages of such a reciprocal love and affection are so very great , and manifest , that it will not be necessary to mention more ; but there are some which spring from the same root , which may be a further evidence of the excellency and wisdom of our established constitution . it gives the greatest security that can be had that the publick treasure shall not be mispent : not only because the misapplication of what had been raised , is the only pretence that can be made use of for any backwardness to a further supply ; but because it is inconsistent with the generosity of a great prince , to lavish away the best expressions of his peoples gratitude , for the liberties , and protection they injoy under him . it affords the best incouragement to every man's private industry , to make what improvement he can of his estate ; when he is assured that whatever he gains is his own property , and that not one farthing shall be demanded of him , without the consent of prudent and worthy persons , freely chosen and intrusted by the body of the nation . and industry increases wealth , and wealth brings content , and satisfaction to them that injoy it , and preserves the people in a prosperous , and flourishing condition . besides , our most excellent constitution , might , if any thing can , ingage the minds of all men , to an unconstrained and chearful obedience to the laws : since our submission is required to nothing else , but what has been seriously weighed , and deliberately resolved , by legal representatives , impowered to do it , by our own choice . and there can be no possible excuse for the man , that will not be bound by his own act ; that refuses subjection to what has been , at least implicitly , consented to by every free-holder in the kingdom . and now let any man judge what an admirable constitution it is , where the prince and the subject are strongly ingaged to love one another ; where the publick treasure is guarded by loyalty , and honour ; where industry is incouraged , as much as is possible ; and where a chearful , and voluntary obedience cannot be denyed ! let other nations call themselves free , let potent princes assume what titles they please , there is none can boast of more liberty , than the english-man injoys ; there is no monarch more absolute , and really great , than a king of great britain , inthroned in the hearts and affections of his people . having thus briefly mention'd some of the more manifest and plain advantages of parliaments , i shall in the next place shew you , what it is that too frequently hinders the good effects they might otherwise have . and the general occasion of this , is a strange notion , that has been almost universally spread , and will very hardly be rooted out of many mens minds , that the court and the country , the king and his subjects are two quite different interests . this has been slyly infinuated by some , and easily believed by others , and eagerly fomented by those , whose profit , or ambitition made them desirous of a change. such are always very forward to discharge their private discontents upon the government , and hope to advance themselves , and repair their shattered estates , by dissetling the foundations of our peace . but the pretences , on which these men are wont to bear up themselves , are manifestly vain , and supported by nothing , but a most palpable mistake . the true interest of a king , and his people is still the same . for it is certainly the interest of the people , that the king should be in a condition to administer justice , and preserve the peace at home , and likewise to defend them from their enemies abroad : and it is no less the interest of the king , that the people should thrive under his government , be free from discontents , and in a capacity to contribute liberally to the publick necessities . what king could reign happily , where the people were extremly poor and indigent , in danger of being ruined by a six months tax , and unable to give what the exigencies of state may require ? and what people could esteem themselves safe , where the exchequer were so low , and the king so straitned , that he could not curb the insolence of unquiet , and seditious spirits among his own subjects ; nor repulse the force , and assaults of a foreign power ? the thing is so exceeding plain and abvious , that there is no man , but he may presently perceive , how these lines , which seem to be drawn from the most opposite parts of the circumference , do meet at last , and must always center in the same point . but this notwithstanding , there are some that would fain persuade us , that the distance betwixt them is so very great , that it is impossible they should ever be united . and when they have practised upon the credulous multitude , and made them believe it , their heads are easily filled with a thousand jealousies , and wonderful chimera's . they are like melancholly musing men , that draw pictures in the clouds , that can discover fiery dragons , and most dreadful apparitions in the clearest sky . they are mightily troubled , not with any thing they see , or feel ; but with very strange imaginary fears , created only by their own fancies . but i shall indeavour to disabuse those , if there be any such , that do not yet see through the design ; and to this end i shall lay before you the most common pretences , upon which these jealousies have been advanced . they are no other than what you have often heard ; and it may be , you have been very much concerned about them ; and there was reason enough for it , if they had been true . we have been told therefore , of grievances of the subject ; that our liberties , and properties , were like to be invaded ; and that we were in imminent danger of arbitrary power , and popery . these were the things with which the whole nation was allarm'd ; and the cry was sometimes so strong , and almost universal , that it might have something discomposed a very sober , and steddy-minded man : but when the fright was a little over , and he had time to recollect himself , he would quickly find , that he had no just ground to be much disturbed with these terrible apprehensions : and that they were but like a fit of the night-mare , in which the party affected dreams he is so horribly oppressed , with some mighty weight lying on him , that he can scarce fetch his breath ; when all the pressure is occasioned , only by feculent humors in his own body , and gross blood too much thickened with melancholy . but whatever they be , or from what cause soever they may arise , i shall briefly examine the several pretences that have been wont to be made . the most common and general is that of grievances ; a word of a loose and uncertain signification , and in vulgar acception implyes any thing , that any man is displeased at , and can declaim against with some shew of a popular zeal for the good of the subject . and the invective is always the easiest part of eloquence , at least it makes the deepest impressions on the minds of those , that are readily disposed to entertain an ill opinion of their governours . but you know what sort of men they are , who if a waggish boy do but tie a straw about their finger , imagine presently they are in chains , and most heavily loaded with bolts , and irons . complaints have run high , and the talk has been loud , but it is hard to conceive what grievances we have suffered , since the happy restitution of the royal line ; unless it be , that our trade has been incouraged , our shipping and navigation exceedingly increased , and that we have lived in plenty , and ease , and injoyed our own quietly , and been almost miraculously preserved in peace , by the great wisdom , and continual care of a most excellent prince ; when most of our neighbours were harassed , and miserably wasted with fire and sword , and felt the extremities of a most bloody and cruel war. i cannot tell of any other grievances but these ; yet i will not deny but that there may possibly be some inconveniences not formerly foreseen , which may be provided against by future acts. but if any such shall be really found , and bills prepared for the redress of them ; no man can have any reason to doubt , but that his majesty will be so far from rejecting them , that he will be glad of that , and all other opportunities , of expressing the passion he has for the ease , and satisfaction of his people . in the mean time , if we shall murmur and be discontented still , and complain of grievances , when we feel none , but what every man 's private misfortune , or negligence , or prodigality has brought upon him ; instead of the most happy , as we are , if we could but be made sensible of it , we may be justly esteemed the most foolish , repining , querulous , ungrateful people in the world. another pretence has been , that our liberties and properties were like to be invaded . liberty , and property are words that chime well enough , and have been a great while yoaked together , and men have been taught to tune them over , in a most lamentable note , as if all they had were ready to be seized on , and they hurried to goal , and made absolute slaves and beggers immediately . for this , if the consternation he may have been in will give him leave to consider , let every man consult but his own experience . has he ever been illegally imprisoned ? has any part of his goods been violently wrested from him ? has his house been rifled ? have his barns been robbed ? have his cattle been driven off his ground ? has he suffered any thing , under colour of authority , that could not be justified by the known laws ? if he do not find himself to have been thus injured ; or if he do , if the courts be open , and ready to vindicate him , in a fair , and equal tryal ; he may then reasonably conclude that neither his person , nor estate were in that hazard , which the noise that was made , might incline him to imagine . for certainly our liberties , and properties are as well secured , as any thing on earth can be ; they have all the defence that human prudence could possibly give them : they are established by law , and have been confirmed , and ratified , by the constant practice , and many gracious declarations of a long succession of excellent princes . and we can have no greater assurances than these , on this side heaven . but if we have not too highly provoked almighty god , by our great unthankfulness , for the many blessings bestowed upon us ; but can be perswaded to trust him with the event , and depend upon his wisdom for the issues of the future ; the divine providence might then be ingaged for our temporal good , and the preservation of those many earthly felicities we now injoy . but our fears , and jealousies are the most effectual way to defeat our hopes , and put all in disorder ; they provoke god , who knows we have need of these things , and has forbidden us to disturb our minds , with distracting cares for what is to come ; they highly disoblige our sovereign , by manifesting an open , and professed distrust of his royal goodness , and favour ; and they certainly bereave us of the fruit of that happiness we had in possession , by racking our thoughts with vain surmizes of unknown evils , we conceit may possibly befall us hereafter . this weakness , and folly of our nation , has not escaped the notice of strangers . there is a little book written some years since , and got into publick , i know not how , wherein the author chalks out the way to the universal empire . and among other remarks , he tells us , that , if the king be obliged to maintain strong garrisons , though for their necessary defence , this will make the people of england believe , that he is forming great designs against their pretended liberty : so he is pleased to call it . and this he observes , not without reason , is one thing , that will contribute very much to the hastening of our ruine . and if so , then those that seemed so very full of apprehensions , that they would have had his late majesty's ordinary guards disbanded , did but pursue the methods laid down in the french politicks ; and if there were any pensioners , it may be easily guessed , who they were ; unless the gentlemen had so great a zeal for the service , that they would do the work freely , without expecting any wages for their pains . but they might pretend what they pleased for the ripening the projects , they were then framing : our liberties we saw were not attempted , and god be praised , they remain unviolated still ; and are not in any visible danger , unless we betray them our selves , by our own groundless and extravagant fears . the next pretence is not much unlike unto this ; and it is , as we have been told , that we were in imminent danger of arbitrary power ; that all things should be managed by the present will , and uncertain humour of those that governed , and that our lives and fortunes stood continually exposed to their pleasure ; just as we remember it was in the time of the late unhappy confusions . for answer to this we need but to examine again , and consider , whether every thing has not been administred in the due form and course of law ; and then why should we entertain these frightful and uncharitable suspitions ? princes do well understand , that the throne is established by rightiousness ; and that it is their most unalterable interest , to take care that justice be duely , and impartially executed . they whom the laws have settled in the highest place of eminency , and power , will always have a tender regard to those laws by which they reign , and do support their royal dignity , and prerogatives . but all that invade the supream authority by usurpation , must needs be arbitrary . they seat themselves by force at the helm , they come in with a storm ; and the violence of the tempest unavoidably dashes the vessel upon this rock . what they have gotten illegally cannot be managed according to law. what was the purchase of the sword , must of necessity be maintained by the sword. intruding powers will always be the most arbitrary , and tyrannical . lawful princes have a kind sympathy for their subjects ; and are sensibly affected with any miseries , and inconveniences they suffer ; as the pain of every member , is immediately felt by the head. but an usurper is not such a sympathizing , but a rider , as it were , of the body politick ; he leaps into the saddle , and puts on furiously , and whips , and spurrs without any mercy to the poor creature he has got under him . he comes at first with his fair promises , and smooth pretences , and , it may be , inveighs most vehemently against arbitrary power , and invasion of the rights of the people . but it is time to look to your money , when the pick-pockets bid you , have a care of your purses . there was never any great cry made about this arbitrary power , and the like , but that they who opened the loudest against it , had a design to introduce it themselves . it is beyond all question ; we have seen the thing effectually experimented , more than once . we have reason therefore to be always jealous of these seeming zealots for the publick good ; but there can never be any just occasion of suspecting our prince ; especially since his majesty has been pleased to assure us : that he cannot wish to be a greater monarch , then the laws of england are sufficient to make him. which most gracious expression , if we had no other arguments for our confidence , were alone abundantly enough to quiet all men's fears , as to this particular . but yet we have been farther told , that there is great danger of our being suddenly over-run with popery . this indeed is a thing , if it were true , that might justly fill the minds of all sober men with very sad apprehensions . but you know that it was this very pretence , that was made use of to bring on and strengthen the late rebellion . the people were then generally perswaded to believe , that the whole church of england was , at least , popishly affected ; but when they had destroyed , or eclipsed it , by these malicious suggestions , seconded by the force of arms ; how very few were there of that communion who did then revolt to the church of rome , when they lay under the strongest temptations ! nay did they not even then , among all the pressures , and difficulties they were in , most stoutly oppose all popish innovations , and write most learnedly , and convincingly against them ? and if the priests , or others of that church should nourish a vain hope , and imagin they had gotten some present advantage ; and should be thereby incouraged to try their arts of insinuation , and begin to practise upon the weakness , and credulity of the vulgar ; i do not doubt , but they would quickly find very great numbers , who , by the grace of god , would be ready , and able to incounter them with success , and expose their fallacies , and evidence to the world , that the additions that have been made to the creed , are inconsistent to scripture , reason and antiquity , and that it is our church , as it is now by law established , that does constantly maintain the true , and antient catholick faith. so that there cannot be that appearance of danger here , which some have very uncharitably suspected . besides we have the countenance and security of the laws , all on the side of the church of england ; and at once to banish the wildest fears , and most unreasonable jealoufies , his majesty has been pleased to give us his most gracious promise , that he will always take care to defend and support it . and who can entertain the least doubt of the sincerity of his royal word ? flattery , and dissimulation are base , and plebeian vices , that can never gain admittance in a noble and generous mind . the honour of him that speaks , gives a proportionable value , and credit to what he says ; and the word of a king ought to be esteemed as sacred , and inviolable as his person . and when we have the word of a king , and such a king as was never known to fail of his word , it is the vilest ingratitude , and the highest affront , and dishonour we can do him , not to rest perfectly satisfied , but to express a distrust , where he has given us the greatest assurances imaginable . for to conceive that a prince of the most unspotted honour , and unquestionable generosity , should so often , and so solemnly declare , what he did not really intend , and firmly resolve to perform , is little less then a contradiction : i am sure it is far beyond the ordinary rate of a moral impossibility . and they that will not be convinced by this , stand in need of dayly miracles to create a belief . but god be praised we have great reason to be full of hopes ; for the danger of the prevailing of popery , for ought we can see , is chiefly seated in our own cowardly , and mistrustful fancies : unless it should please god to punish us , for pretending too great a sollicitude for the future ; which is a degree of infidelity towards him , and in this case , the most unpardonable indignity , and disrespect to our soveraign . i have touched upon all the most common pretences that have been made use of to ingender differences between the king , and his people ; and they all appear to be great mistakes , or vain surmizes . the truth is , they have been usually promoted , for the carrying on of some design . some that have raised the loudest clamours , had been discontented on some occasion , or other , and did it only to be revenged on the government : some intended to signalize themselves by bold speeches , and hoped to be silenced by places at court : and some , it is to be feared , indeavoured by this means to put all things in confusion , and then expected to enrich themselves , with comfortable shares of plundered goods , and malignant lands . but however it were , if a prevailing party could but be possessed with these jealousies , they might be able , to be sure , to intangle matters of the greatest importance , and obstruct the most weighty proceedings in parliament . and i now come to mind you of the pernicious consequences of this . for as the constitution of this kingdom is the most happy , that human prudence can invent , when there is a blessed harmony , and agreement , between the head , and the members : so it is the most unfortunate , and deplorable of all , when such mis-understandings arise , as cannot be speedily reconciled . these will beget a perpetual struggling , and very dangerous convulsions in the state. jealousies will be increased , and these will give a check to the most material debates , that they will hardly be brought to any good issue . when a chearful concurrence to the king 's most reasonable demands , shall be obstinately refused , out of i know not what fear ; he cannot be well pleased with the disappointment . and when parliaments return home full of dissatisfactions , whether they be just , or no , the several members , instead of making a kind construction of their princes actings , as they should in duty do , will be too apt many times to sow their own private discontents all the country over ; and the multitude will be easily impressed with suspitious thoughts , and imagine that there are some very strange designs upon them . this will breed secret animosities , which will soon discover themselves in words , or actions ; and then the king cannot be secure of their obedience , but will be forc'd to have a watchful eye upon all their motions . and there needs no more , but this mutual distrust , to make this nation miserable enough . but i will further evince this in the grand instance of pecuniary supplies . these every man knows are frequently necessary for the support of the government , and defence of the kingdom ; and if they be with-held in some junctures , must undoubtedly prove of very fatal and ruinous consequence to both . for the laws have given the king the sole power of peace , and war ; on the other side , no extraordinary levies are to be made , without the advice and consent of parliament : so that the one hath the whole power of the sword , and the purse is born by the other ; and it may be very well , so long as a good accord can be maintained betwixt them . but if a difference should be started , which cannot be adjusted in time ; this would lead directly to the subversion of the government , and might be made the sad occasion of bringing the whole nation into slavery . the thing is plain and visible to every eye : for when the sword is put into the prince's hand , if the people should wantonly bind the arm , or cut the sinews , by which it should be managed ; he must either let it drop to the ground , or it might be wrested from him without resistance . suppose the king ingaged in a war , and the necessary supplies for the carrying it on , should be stiffly denyed ; what must be the event of such an obstinate refusal ? the enemy would be hereby mightily heartned , and the english courage extreamly damped ; many favourable opportunities of action must be lost ; many dammages suffered that might have been prevented ; none but a very faint opposition could be made ; we might possibly linger out a while , like a man in a deep consumption , and be forced at length to yield to the pleasure of an insolent conqueror , or to strike up a peace on such dishonorable terms , as could be procured ; which if the same retentive humor should still continue , he would be tempted to break upon any trifling pretence ; and then the same inconveniences , and dangers , would return again . or if we could be secured from these , yet the poverty of a prince might incourage daring and seditious spirits , among his own subjects , to attempt a rebellion , and to destroy all by civil and intestine broyls . i speak not this out of any present apprehensions i have , that such miseries are like to befall us now : for , god be praised , we have a soveraign fo excellently adorn'd , with all accomplishments befitting that high station , that are sufficient to make all both at home , and abroad , very careful how they become his enemies ; and i hope we shall have a parliament of that wisdom and sobriety , that will contribute what shall be needful to make his power to be feared , and his allyance valued , and to contain his subjects within the bounds of their allegiance : but what i was saying was only to intimate what a lamentable condition we might be brought into , in case the money necessary for our defence , should be obstinately denyed . it might be the occasion of our inevitable ruin ; by infeebling the nation , and exposing it weak and naked to foreign invasion , or domestick insurrections . and either way , it tends apparently to the total dissolution of the government : which must involve all in endless and inextricable calamities . this seems very evident of it self , but i shall illustrate it a little by two very pregnant examples . the one shall be fetched out of the history of another age , and countrey : and it is what is observable to this purpose , from the sacking of constantinople by the great , and cruel mahomet . when the tyrant had advanced his forces to the walls of that mighty city , and began to press it very hard ; the distressed emperor within was forced to go about himself , from house to house , begging and intreating the wealthy citizens , with tears in his eyes , that they would consider the danger , that was then at their very doors , and lend their assistance for the necessary defence of the place , in that great extremity . but all in vain , nothing could move them ; they make excuses , plead poverty , and murmur at that little they had already expended for the publick safety . upon this the city is taken by general assault ; the unfortunate emperor trodden to death in the crowd ; their houses are ransacked , and an incredible mass of treasure discovered in them , which fell all into the enemies hands , who scorn'd and derided their preverse frugality , in hoarding up the whole for them , when thry could not afford their natural prince a small part , in his and their own most deplorable necessity : they are slaughtered by heaps in the fury of the storm ; the persons of the best quality that escaped then , are reserved to be butchered in cold blood , after they had seen their dearest relations suffer the greatest indignities before their eyes ; and the poor remainder of those that were left alive , are made pitiful slaves to the savage , and inhuman barbarians . thus that proud and stately city , which had been the seat of the eastern empire above a thousand years , became a torphie of the ottoman greatness , and remains a standing monument to the eternal shame and infamy of the besotted greeks , who rather than part with a very small proportion of their estates , lost all , saw their country laid defolate , their friends slain , and themselves , and their innocent posterity wilfully betrayed into the most miserable thraldom . this is the effect of so much good husbandry , when the welfare of the publick lies at stake . i will take the other example from home , and from what has happened within the memory of many now living . that blessed martyr king charles the first , at his coming to the crown found himself ingaged in a war , which for want of such supplies as were largely promised , met with a very unhappy conclusion . other mis-adventures there were , proceeding chiefly from the same cause , which did very much impair the reputation of the english valour , and conduct . this made us but meanly esteemed by our neighbours , and some of them hereupon began to dispute the dominion of the seas ; nay the algerines , nothing so strong then , as they are now , had yet the boldness to ride in the very channel , and sometimes to come on shoar , and take whole families out of their beds , and carry them away into the most wretched captivity ; and if an inconsiderable nest of pyrates were so far incouraged by them , what might have been expected , if a more potent enemy had taken the advantage of the necessities we were then in ? but these mischiefs being pretty well provided against , by the care and vigilancy of the king ; at length came the parliament of forty one ; who being animated unto it by the king's wants , and most ingratefully abusing the greatest concessions that were ever made to any subjects , brought on the late unnatural war ; which ended in the most execrable murder of that incomparable prince ; and after all the glorious cryes about liberty , and the like , we found our selves wheadled into an absolute bondage , to a standing veteran army , and a pack of the most notorious villains , that could be picked out of the whole nation . the thing is true , and the words cannot seem harsh unto any , but such as approve the fact , and would be glad to see the same tragedy acted over again . but he that shall well consider this , will not stand in need of any other arguments to convince him , of what lamentable consequence it may be , when parliaments will not be induced to comply with the just and necessary demands of their soveraign ; it lays us open to the power of strangers , and the designs of wicked men among our selves ; it leads to the ruin of the government , and exposes us to the inexpressible miseries of slavery , and confusion . now that i have shewn you what it is that sometimes hinders the good effects that parliaments might have ; and what the destructive and pernicious consequences of that are ; you may easily guess what kind of members i should advise you to choose . and every county being so well stored with great variety of loyal and worthy gentlemen , you would be now wholly inexcusable if you should fail in your elections ; and instead of discreet and judicious persons who would be able to create a good understanding between the king , and his people , you should send up men openly disaffected , who would make it their business to foment jealousies , and turn your brains , and make them swim with idle suspitions . this would be the way to defeat our hopes , and obstruct that happy composure of all our fears , which we expect from the meeting of this parliament , which is now at hand . for prevention of this you should be perswaded to make choice of men of good , at least competent , and sound estates . for the necessitous are the most lyable to the temptation of being corrupted , and byassed any way with the hopes of a little gain . if you are indeed affraid of pistoles , there are none so like to be overcome by that kind of arms , as men of mean and indigent fortunes . but setting that consideration aside ; it is in it self an unbecoming thing , that they should have any power of laying taxes upon other men , who cannot , or will not pay their own debts ; that any should be suffered to get into the house , only to be protected from their creditors ; and take sanctuary at westminster , to escape the fleet , or the king's-bench . but i suppose such as these will not be forward to appear , or if they should , you that know them will easily put them by . in the next place therefore you should be very cautious that you do not favour any , whom you can suspect to have the least taint of the bill of exclusion : a bill of a most daring , and dangerous nature ; and such a one in many respects , as was never brought into parliament before ; you can scarce imagin what a heap of miseries you escaped , when it was bravely and resolutely rejected in the house of lords . you are now god be praised , in perfect peace ; you possess your own quietly , and converse together with a neighborly kindness , and familiarity . but if that desperate bill had taken place , you had at this moment been sheathing your swords in one anothers bowels ; you had seen your houses in a flame , the country smoaking round about you , your cities and towns laid in ashes ; and been subject to all the calamities that the most bloody civil war could bring upon you . for princes are not to be voted out of their unquestionable rights , nor debarred of their inheritance by a scrowl of parchment . a title to the crown was never decided in westminster-hall . those disputes cannot be ended , but in the field ; and of all the nations in the world , england has the greatest reason to dread the starting of such a controversie . the competition betwixt the houses of york , and lancaster cost us dear . look into your chronicles , and see what lamentable devastations were every where made ! how many cruel battles were fought ! how many thousands of english lives were spent in the quarrel ! how many ages almost the wound was kept bleeding , and never fully closed , till the happy success , and happier marriage of henry the seventh ! what can you expect from those that had the confidence to attempt the interruption of the royal line , and to dig up the surest foundation of our legal settlement ? they that were for excluding our gracious sovereign , might quickly stretch their destractive principles a little farther , and be easily induced to assault him now , that , by the blessing of god , he is peaceably seated on the throne of his ancestors . but i trust that the same providence which placed him there , will continue to defend him , from the subtilty and violence of all his , and our enemies . and i cannot but believe that you will be very careful , how you give those a fresh opportunity of doing mischief , that would have suddenly plunged you into the most miserable confusions . but after you have delivered your selves from the fear of these ; be sure you put none in their room , but men of approved wisdom , and integrity . none else can be safely intrusted with any concern ; but these , you may securely venture your lives and fortunes in their hands . these will be able to foresee a danger , and willing , and ready to prevent it ; they will consider all circumstances , and weigh every thing impartially , and carry themselves evenly between the king and the subject . they will presently discern any inconveniencies the people may lye under , and prepare suitable bills for the remedying of them . when the king's occasions require their aid , they will grant it freely , without pinching any thing from him . they are not imposed on by that great mistake , which seems too common , as if they were always to drive a kind of bargain with their prince : so much ready money , for so much prerogative . this is unkind , and disobliging , and a very unequal way of dealing . for money that is given , may be gotten again ; bulloin may be imported , and the circulation of trade will bring it in : but the prerogative once diminished can hardly be repaired ; there is no trucking for such goods ; our merchants cannot furnish us with this sort of commodity from the coasts of gninea , or spain . at this rate the greatest prerogative might be soon exhausted ; and a king some years , if he could be supposed to be so easie , might sell away the whole regal power . but sovereigns have as much reason to be careful of the prerogative , as the people can have to be jealous of any right or property whatsoever . nay the people themselves , if they would but understend it , are equally concerned in the preservation of it . for it is the main foundation of their security ; and they that should foolishly go about to undermine it , would find it fall heavy upon their own heads . without a full power of calling and dissolving parliaments , of signing , and rejecting bills ; of raising , and disbanding forces ; of pardoning offenders , and executing justice , nothing could be rightly managed . a prince that should be devested of such an authority , would be no more but a royal statue ; he must be render'd weak , and contemptible to all , and utterly unable to defend his people . of this wise and honest men will be very sensible ; and no other will be chosen by those , that have any value for their own private , as well as the publick safety . in the last place you should be very careful to choose men of known affection to the established church of england . a church against which there cannot lye the least just exception ; that has purged it self from the errors , and abuses which a long tract of time had by degrees brought in , and mixed with the primitive practice , and belief ; that has been always highly esteemed by all the reformed beyond the sea's ; and those at home that have professed a dissent from it , have generally approved the doctrine of it ; and the controversie , how high soever it may have been carried , has been only about matters of external discipline , and the refusing obedience to a few indifferent rites . and that which , it may be , is a glory peculiar to this church , no member of it has been ever known to be ingaged in any rebellion against their prince . his majesty is very sensible of this , and has publickly signified , how satisfyed and assured he is of our loyalty , and has promised to support us ; and you cannot then better express your hearty thanks , for the gracious declarations he has made you , then by the shewing your zeal for that church , which he has taken into his royal protection . there are none of any other denomination amongst us , who have not either openly abetted some factious design ; or given too great occasion of suspecting their fidelity to the crown . and if any of you should be prevailed with , upon any pretence , to make choice of any such persons ; you must not think it strange , if it should be looked upon as a manifest testimony of your disaffection to the king. for if such as these should creep into the house through your carelesness , or credulity , it is like enough that they would soon fall to their old practice , of amusing men's minds with the most horrible fears , and jealousies , they could possibly invent ; and these are a kind of wild-fire , very easily kindled , but exceeding hard to be put out : and how then would you be able to excuse your selves from the guilt of the infinite mischiefs that might follow , if by these means any mis-understanding should arise , which might blast the hopes we have conceived , and prevent that universal satisfaction which is expected from the prudence , and loyalty of the insuing parliament ? but i need not use any further arguments here , your own safety will best admonish you what to do . many of you in your addresses , both formerly , and of late , have solemnly promised to elect none but loyal men ; and if you should do otherwise , those very addressess would remain as the most dishonourable records of your fickelness , and inconstancy . the king will never violate his word he has given to you ; and you are bound to be as good as yours , you have passed to him , if you have any regard to you credit , interest , or conscience . i have now taken the freedom to communicate some of my most serious thoughts unto you , with reference especially to the present conjuncture . it is not any forwardness to busie my self with matters of this nature , that has occasioned the publication of these hasty conceptions , but that i might remove a false imputation . i have therefore shewn you what an honorable , esteem we have for parliaments ; what great advantages we might reap from them ; what are the most common hinderances of the good effect they might have ; and what are the mischievous consequences that follow from thence : and upon this occasion i could not forbear to offer some friendly advice for the preventing those evils which such miscarriages might bring upon us . i have not troubled you with things of a nice consideration , but such as are easie and obvious to every man's notice ; and no more , i believe , than what you your selves have thought , and often discoursed with one another ; and if these papers should chance to come to your hands , after some of your elections may be past , i hope you will have followed the same counsel , before you had it from me ; and that instead of advice what to do , this may be but a just commendation for what you have done . you may perceive all along , that my chief aim has been to root out those causeless jealousies , which may often endanger the publick peace . these are always to be carefully avoided : they are the very bane , and pest of all societies : they are like the fits of the cholick ; they afflict us with the most sharp , and intollerable pains , and tear our very bowels , and yet they proceed from nothing but a light , and flatulent humor . they are the most dangerous rock , against which our fairest hopes have been many times most unfortunately split . and if any of these should be cast in , and cherished in this parliament , they might breed that allienation of affections , which the wisest conduct of many years might hardly retrieve . the first tincture that is given , is scarce ever wholly to be washed out . but god forbid that any such thing as this should happen unto us . the eyes of all europe are upon you , expecting the event of this next session . if it should have that agreeable conclusion we promise our selves , it might by the blessing of god , not only secure our own selves , but tend to the preservation of the neighbouring countreys round about us : but if it should be ended in any discontent , who can foresee the many sad consequences of that ? this is certain , our friends would be exceedingly discouraged , and our enemies grow unsufferably insolent , and scorn and deride us for it , while they made their greatest advantages of our folly. it is in your power to contribute something to the prevention of this , by the elections you are making . you have a prince of the most approved gallantry , and resolution ; that is the blessing of this and the envy of other nations ; that is able to strike a terrour into his enemies ; that has often hazarded his life for your sakes ; and still to express what a tenderness he has for you , he has lately , and the very first opportunity , endeavoured to give all possible ease and satisfaction to your minds by his most gracious declaration . shew how sensible you are of the highest obligations that can be laid upon subjects . send him up men that will assist him in the brave and generous designs he has entertained for the publick good ; and not cavil away their time in impertinent scruples , and never bring any thing to an issue . his majesty has hitherto had the felicity of david , that in all acts of government , whatsoever the king has done , has pleased all the people : i wish that by your prudent and discreet behaviour the proposition may be happily converted , that all that the people shall do , may please the king : that so both king and people may live together in mutual love , and confidence one of another ; that the government may be preserved , our established religion maintained , the glory , strength , and riches of the nation dayly increased ; and that these blessings may be always continued to the present , and all succeeding generations : and to this there is no true english-man , nor christian , but will heartily say , amen . finis . notes, typically marginal, from the original text notes for div a42267-e130 1 pet. 2. 17. rom. 13. 1. 5. tit. 3. 1. see mat. 6. v. 25. 26 , &c. traitté dela politique de france . c. 14. prov. 16. 12. 2 sam. 3. 36. the case of william coryton, esq; for the burrough of michell in the county of cornwall. to be heard on monday the 25th of november, 1689. 1689 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). b01933 wing c1193 estc r171037 52211976 ocm 52211976 175544 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b01933) transcribed from: (early english books online ; image set 175544) images scanned from microfilm: (early english books, 1641-1700 ; 2739:54) the case of william coryton, esq; for the burrough of michell in the county of cornwall. to be heard on monday the 25th of november, 1689. coryton, william, esq. 1 sheet ([1] p.) s.n., [london : 1689] caption title. publication data suggested by wing. imperfect: one word obliterated in ink. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. -house of commons -contested elections -early works to 1800. elections -corrupt practices -england -cornwall -early works to 1800. cornwall (england : county) -politics and government -17th century -early works to 1800. broadsides -england -17th century. 2008-03 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion the case of william coryton , esq for the burrough of michell in the county of cornwall . to be heard on monday the 25 th . of november , 1689. that a new writ being ordered to issue for the choice of a burgess to serve in parliament for the said burrough , in the stead of charles fanshaw , esq the said writ was accordingly taken out by the petitioner humphry courtney , esq or his agents , the twenty fifth , of june last , but detained in their own hands without delivering the same to the sheriff to be executed , although often thereunto requested , until about the eighteenth of september ; at which time the petitioner , and the said mr. coryton stood candidates , and the said mr. coryton was thereupon duely elected by the majority of the burgesses and inhabitants electors of the said burrough ; the said mr. coryton having twenty three votes , and the said mr. courtney but nineteen , as appeas by the poll. and the said mr. coryton was accordingly returned by the port reeve , the proper officer of the said burrough , and his indenture annexed to the said writ , and returned by the high sheriff . yet notwithstanding the faireness of such election , the said mr. courtney to put the said mr. coryton , to , further trouble and charges , hath 〈◊〉 presented a petition complaining of an undue and and false return , pretending that he had the majority of well quallified electors ; whereas in truth and in fact , the said mr. coryton was duely chosen and elected , as well by the majority of the said burgesses and inhabitants of the said burrough , as by the majority of the said burgesses and inhabitants of the said burrough paying scot and lot. all which the said mr. coryton will make out at the hearing before the committee . an act for a seal of the parliament of the commonwealth of england. england and wales. parliament. this text is an enriched version of the tcp digital transcription a84582 of text r212088 in the english short title catalog (thomason 669.f.15[76]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 1 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a84582 wing e995 thomason 669.f.15[76] estc r212088 99870739 99870739 163150 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a84582) transcribed from: (early english books online ; image set 163150) images scanned from microfilm: (thomason tracts ; 246:669f15[76]) an act for a seal of the parliament of the commonwealth of england. england and wales. parliament. 1 sheet ([1] p.) printed by edward husband and john field, printers to the parliament of of england, london : 1650 [i.e. 1651] order to print dated: die mercurii, 22 januarii, 1650. signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng england and wales. -parliament -seal -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a84582 r212088 (thomason 669.f.15[76]). civilwar no an act for a seal of the parliament of the commonwealth of england. england and wales. parliament. 1651 191 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 emma (leeson) huber sampled and proofread 2007-11 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion an act for a seal of the parliament of the commonwealth of england . be it enacted by this present parliament , that the seal engraven with the arms of england and ireland ( that is to say , a cross and a harp ) with this inscription in the circle , that is to say ( the seal of the parliament of the commonwealth of england ) shall be the seal of the parliament of the commonwealth of england , to be onely used by order of parliament . and be it further enacted , that whosoever shall counterfeit the same , shall be adjudged and taken to be guilty of high treason , and shall be tryed in such maner , and undergo the like penalties as are appointed by any act of parliament in case of high treason . die mercurii , 22 januarii , 1650. ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england , 1650. a copy of a letter written to collonell henry marten, a member of the house of commons, by lieutenant collonell lilburne. iuly 20. 1647. lilburne, john, 1614?-1657. this text is an enriched version of the tcp digital transcription a88167 of text r210562 in the english short title catalog (thomason 669.f.11[46]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a88167 wing l2093 thomason 669.f.11[46] estc r210562 99869346 99869346 162695 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a88167) transcribed from: (early english books online ; image set 162695) images scanned from microfilm: (thomason tracts ; 246:669f11[46]) a copy of a letter written to collonell henry marten, a member of the house of commons, by lieutenant collonell lilburne. iuly 20. 1647. lilburne, john, 1614?-1657. 1 sheet ([1] p.) s.n., [london : 1647] imprint from wing. signed at end: iohn lilburne. reproduction of the original in the british library. eng marten, henry, 1602-1680 -early works to 1800. england and wales. -parliament -early works to 1800. detention of persons -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a88167 r210562 (thomason 669.f.11[46]). civilwar no a copy of a letter written to collonell henry marten, a member of the house of commons, by lieutenant collonell lilburne. iuly 20. 1647. lilburne, john 1647 874 6 0 0 0 0 0 69 d the rate of 69 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-09 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-12 elspeth healey sampled and proofread 2007-12 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a copy of a letter written to collonell henry marten , a member of the house of commons , by lieutenant collonell lilburne . iuly 20. 1647. sir : your delitory and unjust delaying to make my report to your house according to your duty , hath so hastened forward the ruine and destruction of me , my wife and tender infants , and riveted the house of lords fast in their tyrannicall domination , that i cannot now style you either a friend to me , the commonwealth , or to justice , truth , or honesty , and of all men in the world i should least have dreamed to have found such unworthy and unjust dealing from you ; but yet notwithstanding by reason of a paper come from the army , a copy of which i have even now seene , ( which desires of the house of commons that i , &c. may immediately , and legally bee tryed , or if the great affaires of the kingdom will not suffer them to debate my businesse at present , that then i may be bailed , ) i therefore desire you to acquaint the house , that the law of the land is cleare & plain , that the lords in the case in controversie betwixt us , have no jurisdiction at all over me , or any commoner of england whatsoever , and i have justly protested against them , and legally appealed * ▪ above a year ago to your house for justice against their insufferable usurpations & incrochments ; ( the injoyments of which is principally hindred by your selfe ) and therefore i require according to law , justice , equity , conscience & reason ; either to be justified or condemned by your house . and as for bail i wil by the goodnes of god be cut in 1000 peeces , before i wil in this case stoope the breadth of one heire , or do any act that in my own understanding shal declare my owning of their jurisdiction in the least over me ▪ with my giving baile or so much as my roule , would doe , within my apprehention would be a granting that their most divilsh tyrannicall illegall sentensing of me , to pay 4000 l. and to be seaven yeares in prison ; and forever to bee disfranchised of the liberties of an english man , were just and legall , and therefore if you will discharge your duty after above a years unjust delay in making my report to your house i shal yet thank you , but if you wil not , the blood , & ruin of me & mine ▪ be upō the head of you and your posterity , and the righteous and just god of heaven and earth , either incline your heart to make my report for me now at last , ( let the issue be what will i care not , as i fully told you in my last large epistle to you of the 31. of may 1647 now in print pag. 4 , 5 , 6. ) or else speedily avenge my cruill sufferings ▪ by your meanes ) with out mercy or compassion upon you and yours . sir in shor● if your house will as they ought give me my liberty , without intanglements , i will take it if not i am resolved to stick so closse to my just cause , till i be forced to eate my owne flesh for want of bread , which in the eye of humaine reason can not bee long , before i be forced to doe it ; but assure your selfe that if the puting forth all the resolution in a man that for this ten years , neaver feared death , tortures , nor torments ; ( no , nor yet knew what belong'd to a base feare , ) wil save me or do me good , i wil by the strength of god leave no means whatsoever unattempted or unassaid though it lose me al the earthly props & relations , i have in the world , & i advise you as a friend to looke well to your selfe and do not continue such insupportable burthens upon me by your delay of justice , as after suffering ship-wracke of my estate and fortunes , by the grand tyrannicall tyrants of england , for above ten yeares together , as i am not able longer to beare without evident destruction to me and mine , and so at present i rest , and wish i could subscribe myselfe . your servant iohn lilburne . from my causlesse , and most uniust captivity in the tower of london , the place of my fixed and resolved resolution , to spend the last drop of my heart blood against the house of lords vsurpations , over the legal rights , & freedomes of all the commons of england , this 20. of iuly . 1647 ▪ notes, typically marginal, from the original text notes for div a88167e-30 * which appeal , you may read in the freemans freedome vindicated pag. 9 , 10 , 11. the armies dutie; or, faithfull advice to the souldiers: given in two letters written by severall honest men, unto the lord fleetwood lieutenant-generall of the armie, and now published for the instruction of the whole armie, and the good people of this common-wealth. this text is an enriched version of the tcp digital transcription a89323 of text r202841 in the english short title catalog (thomason e980_12). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 62 kb of xml-encoded text transcribed from 15 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a89323 wing m28 thomason e980_12 estc r202841 99863001 99863001 115182 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a89323) transcribed from: (early english books online ; image set 115182) images scanned from microfilm: (thomason tracts ; 145:e980[12]) the armies dutie; or, faithfull advice to the souldiers: given in two letters written by severall honest men, unto the lord fleetwood lieutenant-generall of the armie, and now published for the instruction of the whole armie, and the good people of this common-wealth. h. m. fleetwood, charles, d. 1692. 29, [3] p. printed, and are to be sold in popes-head alley, s. pauls church-yard, and westminster hall, london : 1659. "to the reader" signed: h.m. [and 5 others]. the last leaf is blank. annotation on thomason copy: "may 2d". reproduction of the original in the british library. eng england and wales. -army -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. a89323 r202841 (thomason e980_12). civilwar no the armies dutie; or, faithfull advice to the souldiers:: given in two letters written by severall honest men, unto the lord fleetwood lieu h. m. 1659 11432 14 0 0 0 0 0 12 c the rate of 12 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-12 tcp assigned for keying and markup 2007-12 apex covantage keyed and coded from proquest page images 2008-02 john latta sampled and proofread 2008-02 john latta text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the armies dutie ; or , faithfull advice to the souldiers : given in two letters written by severall honest men , unto the lord fleetwood lieutenant-generall of the armie , and now published for the instruction of the whole armie , and the good people of this common-wealth . london , printed , and are to be sold in popes-head alley , s. pauls church-yard , and westminster hall , 1659. to the reader . reader , whoever thou art , 't is fit thou should know that the following letters were sent to the lord fleetwood , and read by him before the calling of the late parliament , but were not intended to be published , because those that wrote them , hoped that this advice would have been followed , and they so much wished the lord fleetvvoods honor , that they desired the good he should do might appear to be from the impulse of his own mind , but now finding that our country hath languished so many months since , and seeing the distraction and confusion , that his neglect hath now brought upon us , and finding the general counsel of officers , to have expressed their sense of our dangers and impending ruine ; and to have interposed in the dissolving the parliament : when they found by experience , that a settlement would not be made by them , we thought fit to make these letters publick , hoping that it may in some measure quicken up the lord fleetvvood himself , upon a second reading of them , and also those officers that are now concerned by the utmost perill of their lives , to procure a settlement of that common freedome , which hath cost so much bloud and treasure , we have only to request your reading these letters , with respect to the season wherein they were written , and without prejudice upon your minds , and the lord : cause you to understand and do the things that belong to our countreys peace and welfare . h. m. h. n. i. l. i. w. i. i. s. m. my lord , you have long been the object of many good mens pity and prayers , who have judged in charity that the temptations of your late fathers court have been too mighty for you . but now you are become the object of their prayers and great expectations ; hitherto they thought you unable to prevent the wickednesse and apostacy which you have often seemed to mourn for in secret . but now the chief military power derived from any lawfull authority being fallen upon you , and all such officers and souldiers in the army as have any sense of justice and honesty in their use of arms , being ready to be commanded by you , and to rejoyce in their return to their first principles . they believe that god hath made your way plain before you to vindicate the profession of religion from the black reproaches that rest upon it , to restore the peoples liberties , the armies honour , and price of their bloud . and therefore they hope and pray that the lord may say effectually to you upon this opportunity : be thou strong and of a good courage in this my work , and i will be with thee . but if you should now sit still , they think as mordecai said to esther that deliverance and enlargement shall arise to the people from another ; but you and your fathers house shall be destroyed . now my lord , do not imagine us either vain enthusiasts or busie bodies that thus mind you , what is expected from you . we are such as engaged with you in the war against the late king , and do believe that you and we must render an account to the dreadfull god of the justice and sincerity of our intentions therein , and our souls are deeply afflicted to behold our righteous ends perverted , the bloud of our friends shed in the quarrell , trampled upon , the binding power of trusts , promises , and oaths , slighted , and the same ( if not worse ) principles of arbitrary power , tyranny , and oppression exercised , asserted , and maintained , against which we have so earnestly contended with a prodigall expence of our bloud and estates ; and our hearts are wounded to hear our old cause now made a mock and by ▪ word by our enemies , and to see such a black brand of infamy set upon all the parliaments adherents , as if they had been all the vilest hypocrites , who made pretences of religion , and faithfulnesse to their countries laws and liberties , to be only a cloak for the blackest wickednesse , as if none of them had ever intended any more , then by force and fraud to fat up themselves upon the bloud and ruines of other families . but your lordship knows , that the kings invasion of our properties and liberties , by taxes , illegall imprisonments , and opposition of the parliament in their supreme trust of ordering the militia for the peoples safety , did necessitate us to defend it by arms , as our native right , that the trust of the peoples safety and welfare , their strength , and purses , was only in the hands of their successive parliaments , and that they ought to be governed only by the laws : and their consciences , persons , or estates , to be at no mans will or mercy ; and doubtlesse the defence of these liberties is essentially necessary to the well being of any nation , and to the being of publick morall righteousness amongst men . and your lordship knows that all the successes and victories have been owned , as from the wonderfull appearance of god for his people in this honest cause , and that you caused the exercise of the chief magistracie in england by a single person to be abolish'd , because it was dangerous to this righteous cause , as well as uselesse and burdensome . now my lord , let us appeal to your conscience whether we ought not to expect those things we do , we are unwilling lest it should wound too deep to make a comparison between the principles of tyrannie and oppression that were attempted to be practised by the late king , and were declared by you to be begotten by the blasphemous arrogance of tyrants upon their servile parasites , and those that have been practised & avowed since god gave us victorie in the defence of our liberties ( and though we confesse the greatest number of honest men have hitherto least smarted under them , yet they will infallibly have the greatest weight of them upon their backs hereafter , should those principles get root amongst us , they being the only likely men to destroy them , and however , injustice against enemie ought to be abhorred by righteous men . ) but let us tell your lordship that it is the secret sigh of every honest heart : oh that god would now take away the reproach from this people , and their eyes are much upon you in it , and shoud you slight our eyes and expectations in this case , assuredlie the blood of our friends shed in the cause , will crie aloud for vengeance against you . we have better thoughts of your lordship , then that you should seek to shelter your self in your omission of so great a dutie , or in your proceeding in the evils begun under those vain subterfuges which have been used of late : oh be not deceived with pretences of providences of god , leading you from your old cause into things not to be justified by the morall lawes . the holie god directs his people only into the paths of righteousnesse , that is such actions as agree with his lawes , 1 , iohn 3. 7 , 8 , 10. he that doth not righteousness is not of god , his providences and his lawes always speak the same things , neither let any man deceive you with pretence of necessitie that constrains you to desert your old principles for the people of gods sake and to advance christs kingdome ; for 't is not possible there should be necessitie to transgresse a divine naturall law that is eternall , there may be cases of extream inevitable necessitie , that may disoblige a man from some divine positive lawes , because a superior that is a divine , naturall law may oblige him in that case ; therefore in everie case of highest necessities , the immutable lawes of nature ought to be guides and commanders of what is to be done : and if your lordship can make your actions or omissions consist with those , neither god nor his people will blame you . and in so doing onelie , you can advance christs kingdome : for then is he exalted when supream reverence , and absolute subjection is given to his fathers lawes in the deniall of our selves in all countermands and temptations , and when the sword of the spirit is used to increase the number of such subjects : for this scepter , throne and wars are of and in righteousness . therefore , we beseech your lordship without hesitation or delay , pursue the exaltation of christ and his kingdom , in following in simplicity and integrity of heart after those righteous ends you proposed and declared in the late warre , and unto which you have obliged your self by all the sacred bonds of humane societie : be not affrighted with some parasites , bugbears of confusion , if you shake the diana , by which they hope to subsist , fear not assistance from every honest heart in england , and though some pretenders to honesty , may out of cowardise , or ambition , or covetousness , cry , ther 's a beare and a lion in the way , yet even they shall run after you when they see you forward in your way ; and to avoid delayes , let us beseech your lordship first to examine your conscience presently what you can answer to the blood of any poor saint shed , that cries in your ears to settle that libertie and justice in his countrie for which he shed his blood under your command . secondly , what you can answer to the blood of thousands of the enemies , which are esteemed by god as murdered by you if the iustifick cause of the war be not effectually prosecuted . will not their blood crie to god , and say , lord , this fleetwood killed us upon pretence that we should have destroied the liberties of the people of god , in imposing arbitrarie power upon them , which we did ignorantlie ? and he hath done the same thing , and made or suffered more heavie yokes to be imposed ; pray remember it , the scripture saith , thinkest thou o man , that judgest another , and doest the same things thy selfe , that thou shalt escape the iudgement of god , rev. 1. 3 , 4. thirdly , we beseech you to examine what cause you now maintain with constant expence of blood , and the peoples estates , and how you can give an account to god for it . remember what are the causes for which god alloweth mens blood to be shed without blood-guiltinesse in him that causeth it ; and trie whether that be one , to make a nation greater slaves to iohn a styles and his confederates , then they would have been to iohn a nokes . but we praie your lordship if it be possible that anie pretence can be found for it , state a justifick cause of your present posture of arms , that thousands of tender consciences may be satisfied how to pray for you in any of your present designes , if god should not honour you in the work which they now expect from you. now my lord , if we would plead with you by worldly arguments or motives , that concern your self , it were easie to evince , that safetie , honour , and greatness to your self , and familie , can be certainlie compassed by no other means , then by returning to the principles from whence you are fallen , your daily tenors that now attend you and your counsells , would soon vanish , you might have above threescore thousand men of honest principles that would take themselves concern'd to be in armes at an houres warning to assist you , and this without second charge , and an armie of praiers 2. times as great , indeed who would or could hurt you , if you were a naked sincere follower of that which is good . we appeal to your conscience , whether you do not believ that your late father was more safe with a foot-boy onelie following him in the streets when he was believed to intend that good that your lordship may if you please effect , then he was afterwards ( when he was believed to intend his own ambition ) invironed with guards , and enclosed with locks , and bolts without number ; indeed the onelie meanes of safetie for such as will exercise great power over a people to the subjection of their liberties , is a mercenarie armie . and if that consists of some of the same people , their interest will change as often as they get estates that are of more value then their pay , and then they will be readie to conspire with any of the people to provide libertie and securitie of their estate for their children , and then the power of the tirants shake , and of how manie slaughters of the kings of israell do we read by their own service ; & if mercenarie strangers be intended to be guards for rulers in england , our ancestors taught us the way , when they were not so well instructed in their libertie to ridd our selves of them in a night , but if your own person could be secure for a while ; what will be the portion of your familie , if their persons and estates be left to the mercie of him that gets uppermost , and if you expect greatnesse or honor , consider whose names are delivered to us from former ages with reverence , and esteem , and who have been most admired , honored , and obeyed , by their countrey and people : can a dionysius compare , command or fain with a tymoleon ; was ever great cyrus or alexander obeyed like the poor young fisher-boy massinello in naples , whil'st the people imagin'd he sought a settlement of their libertie ? but we suppose the sense and remembrance of your dutie to god and his people , should be of greater weight in your lordships heart then all the conceits of the earth , & therefore we also forbear to mind you of the improbabilitie of setling this nation according to the rules of pollicie , upon anie other basis then their libertie ; the lands & interests of this nation being so dispersed & with so much equalitie , that whosoever shall attempt to invade our liberties will not find an interest able to overballance the peoples interest , and therefore cannot long maintain a dominion over them ; but we forbear to mention this capital politick consideration to your lordship at present , onlie let us beg your serious consideration how much the honor of the profession of the gospel is concerned in what we move your lordship to , & expect from you ; and that you would say to your self , is it not better that i & mine perish , then that a publick scandal be brought upon gospel profession by my injustice & treacherie to my countrie under a shew of holiness ; & if we shall observe by your lordships actions from henceforth that there are some apearances , that god hath begun to imprint upon your heart the sense of your publick dutie , and that he will put that honor & greatness upon you to be the restorer of his peoples liberties in this nation , we shall then think our selves obliged to write again to your lordship or wait upon you to strengthen your hands ; in the interim , we shall praie without ceasing , that wisdom , courage and strength may be given you from the father of all mercies , and that out of his fulness you may be in all things prepared for the accomplishing his own work of righteousness ; and if in judgement to this nation your heart should be hardned by these poor lines , your lordship will be left more inexcusable , and however some satisfaction in the discharge of your duties will arise to the conscices of my lord , your lordships most affectionate humble servants so far as you follow christ — my lord , we presumed lately to mind your lordship of your present oportunity , and most important duty , and our souls wish that the the secrets of your thoughts upon it were revealed , that our hearts and prayers might be towards you , and for you accordingly we must tell your lordship that you have since wounded the hearts of many precious saints , by conducting your armie officers , in an action of such gross hypocrisie , and palpable flattery , as that addresse you made to your new protector , we have reason to believe that it had been impossible for your lordship to have said privately to an honest man without blushing , what you have said there to the world under your hand , and if your lordship will remember ( with god in your eye ) what is said of your father , and your brother in it , and of an unknown connexion between his person and your cause , which a lso you cannot now , and as now ( state to your own conscience as just , ) we are confident your heart will smite you , and if your own heart condemn you , god is greater then your heart , and must much more condemn you . truly my lord , we were much startled in our hopes from you , and praiers for you , ( and we hear the same of others ) when we saw that addresse , yet our remembrance of your secret expressions even with tears , of your sense of the armies backslidings , and your earnest intreaties of us to pray for you , together with the great respect we have , for your lordship hath inclined us strongly to the best thoughts of you , sometimes saying one to another , surely he had not read our letter before his addresse , yet we have been so stumbled , that we had troubled your lordship no farther in this kind , if god had not so placed the interest of his cause and people upon our spirits , that we are restlesse within our selves , untill we have said so much , as may be either effectuall upon your heart , or at least discharge our consciences , and leave you inexcusable . if therefore the lord hath made us his remembrancers to you , and revived his fear in your heart , whilest you considered what we sent you , we have reason to conclude that you are come to these resolves in your owne breast , viz. 1. that the peoples arms of this nation have been committed to your charge in your severall capacities , as a steward of that high trust for them , to imploy them for their benefit , in preserving their rights and freedome , and that you must give an account to the eternall god of that stewardship . 2. that you are under all possible sacred and indispensable obligations to be faithfull in your trust . 3. that the cause for which you were trusted was to defend and maintain the peoples right to make laws for themselves , and thereby provide for their own welfare and safety , by such persons as they should chuse , and that without the negative controule of the king , and also to defend the freedome of their consciences , persons , and estates , in being over the only government of their own laws , without subjection to the will or mercie of any man . and we suppose you may also conclude that you have now power and oportunitie cast upon you to secure this libertie unto gods people , according to humane prudence beyond the reach of wicked men , and that if you should hide your talent of power , in the napkins of fear , cowardise , ambition , or self-interest , you will be condemned from the mouth of your own conscience , for an unprofitable and unfaithfull servant . now if god hath enabled your lordship thus to consider , with a pure understanding , and with integritie of heart thus to resolve , we know you are continually saying within your self , men and brethren what shall i doe , to shew my faithfulnesse to the cause of god , and the people , and to vindicate my possession from scandall ; and in hopes that god hath thus disposed your heart , we shall endeavour to inquire into your particular dutie . and in our search we may assert this generall maxime , as an infallible pillar to guide you in your present dutie to your generation , viz. that the peoples liberties cannot be lastingly secured to them by any other means , then an institution of sense , wise order or method , wherein the people may make and execute their own laws , and use their own arms and strength , for the common good of the whole societie . this may direct all your lordships thoughts and debates , about a settlement , and keep in your eieperpetually the white mark wherein all your designes and contrivances of publick concernment , ought to centre ; this may prepare you , to passe a quick sentence upon all the ambitious proposals of your court-parasites , this may cut off all those court debates , about impowering a prince , to check and controul the people by his negative , in their making their laws . it ought to be no question , whither the people should make their own laws , god himself having resolved it , the very point being the single point whereupon you joyned battell at first with the king , you defending that the parliaments ordinance for the malitia , was a law without the kings consent , and he denying it to be of any force , and affirming those traitors , that obeied that , and not his commissions of array ( this by the kings confession was the first quarrel ) this libertie then being their bloud , cannot be taken from them , but by the highest robberie and contempt of obligations to god and man . therefore your lordships dutie is no more then to contrive the best , most prudent form , and order , wherein the people may injoy their own , with the least hazard of being preyed upon by tirants , or being disquieted by their own ignorant disorders and confusions : your dutie to the people , is like to that of a guardian to an heir , not to give them an estate , but to set down rules , how it shall be ordered for them , and they put in quiet possession of it , to their most advantage and securitie , and this dutie is the more incumbant upon you , because you have broken , and trampled to pieces , beyond repair all those old christian forms , wherein they formerly injoyed their liberties , though with continuall disputes , and subject to daily injuries and oppressions . now before we propose to your lordship any form or order to be settled , it is fit that we discover to you the errours and inconsistencies , of your present practices , and appearing design , both in themselves , and in relation to the peoples liberties . first , it 's a grand errour in the foundation , if you imagine it possible to secure libertie or justice to the people , onelie by advancing good men to power over them , and trusting to the grace in their hearts , to rule in righteousnesse , good men upon the single account of mortalitie , can be no lasting bottom , whereupon to settle liberty and justice . it 's beyond the wisdome of man , to contrive an infallible provision , in the present age that the ruling power in the succeeding age , shall fall onelie into good mens hands , but what age ever produced men of such enlightned pure minds ? that of themselves could discern right at all times , without the least cloud of their private interest upon their understandings , and also pursue such dictates of their minds , without interruptions by corrupt affections ; we mention this , not as if our souls did not wish , that all powers were vested in the best of men , but because we know that every man is vanitie , and a lie ; and yet we believe , it is often whispered in your eares , by some weak well meaning men , that honest mens liberty would then be secure , and they satisfied , if they could see good men put into power , saying we should then need no lawes , for they would be a law to themselves , having gods law in their hearts , but those that thus by consequence beg advancement , know not what they ask , scarce intending to be the peoples lords and to rule them as their slaves , which is necessarily employed in the arbitrarie power they ask ; neither do they apprehend , what horrid impietie it is , for any man in england now to erect , and exercise an arbitrarie power , they see not the blasphemous arrogancy of such as rule without lawes , being indeed , an attempt to erect their throne , in it 's kind , higher then almightie gods , who rules and judges onelie according to his lawes , without which there is neither justice , nor injustice in things humane , or divine , therefore the peoples security of libertie , and justice , must be founded upon excellent lawes , or constitutions , for the continued order , from generation to generation , wherein the people shall chuse their own lawes and magistrates , and if good men in power , will in simplicitie and integritie joyn heads , hearts , and hands to establish such an order , or forme of government , they will be worthilie esteemed the founders , though not the foundation of our liberties . secondlie , 't is a grosse mistake , to think that the securing the peoples liberties , and the creating of a soveraign prince over them , ( under whatsoever title ) can consist together , we mean such a prince or potentate , the tenure of whose power , shall not be upon the people , and who shall not be subject , and accomptable to the lawes of this commonwealth , doubtlesse the people may not be free , where there shall be a chief magistrate , whose deserved real honour and greatnesse , may justly make him disdain to look down upon the throne of the greatest monarch , yet if he shares in the soveraigntie , he subverts libertie and the foundation of his own glorie : the very essence or formall reason of a nations freedom , consists in the peoples making their own lawes and magistrates , and therefore it is a contradiction to say , we are free under a prince controling our lawes in their creation , or execution , and imposing his officers upon us at his will and the consequence of that practice , even in our late kings , hath caused all our present bloudie ruines , his officers being naturally inclined , and resolved to serve their creator , to the subversion of our lawes and liberties ; besides , if a prince be invested with the least punctilio of the soveraigntie , it is exceeding vain to imagine , that he should not naturally aspire to the top of it : every thing having an innate desire of its owne perfection , and there being no other visible meanes to preserve from the peoples reach , that part which hee hath , but the destruction of their libertie , you may as well suppose , fire not to ascend , as such a prince not to be wishing and aspiring to be an absolute lord , if he had neither ambition , nor pride in himself , nor in his appendixes , his court parasites , yet the unavoydable reciprocall fear , in the people , and such a prince , least each should dispoil the other of his share of soveraigntie , will compell the prince to provide for his own securitie , and do your lordship think he will believe himself safe , untill he hath set himself above the peoples reach , and brought them to depend upon his will ? it may be he that you would create prince with a small share of soveraginty , would at first thinke his power great , yet in continuance he would esteem it smal , men naturally reaching beyond what they have attained ; liberty therefore and principalitie , are incompatible , and can never last together : it seems strange to a people , that they should be free , and yet serve , and be imposed upon it 's strange to a prince , that he should be chief lord and not command ; the meane of libertie , is the mother of murder , and tyrannie ; any freedome from princes commands being intollerable to them , they by violence take it away , or attempt it , and that forceth a violent brutish tyrany , instead of government , we need not look farre for an instance of this , the bloud and sufferings of our ancestours , and our own age , witnesse it , hath not our princes and ancestours been alwayes strugling for four hundred yeares , and thousands perished in it , that are known , besides the ruine of many worthies which no history durst mention , unlesse with infamie , to please the tyrants , and your lordship hath seen , with what an earth-quake , libertie subverted principalitie , when it found opportunitie . therefore , if you wish us , and our posterities no greater good then onely quiet , it behooveth you to make us wholly free , or wholly slaves . thirdly , it is no small fayler of foresight , that you may imagine it feasible in this nation , at this time , to establish a principalitie , or monarchie , of any probable continuance , unlesse you can destroy all present reall properties and vest all , or most of the lands of england , in your monarch . every princes power of command must arise either from a voluntarie submission , and willingnesse of a people to serve him , as their lord , or from a violent compulsion , of them to be subject to him , and both those are founded upon an inequalitie , between him and them , either reall or apparent . a peoples willingnesse to serve a prince ( if any such be ) ariseth from their apprehension of some great inequality and dispropor●ion between him and them , either in vertue , interest , or power . the two first are proper to a prince in his native countrey ▪ or one that hath dominion over only a sovereign prince ▪ who may be thought powerfull to one people , the last may be proper to protect a people , and that may be chosen as the least of some impudent mischiefs ; but if any people ever were , or shall be voluntarily subject to a prince , upon their high opinion of his unequall transcendent vertue , that related only to his person , and never was or can be a solid foundation for an hereditary monarchy , but an unequall interest in the lands , may be , and is the common cause , either of a voluntary or constrained subjection : no man serves for nought , 't is the need that people have of the lords interest , that procures him servants , and enables him to compell subjection : so joseph that new moulded the egyptian monarchy , devised a way for the king to get all the possessions into his hands , that so the people might serve pharaoh , which was a necessary consequence . 't is evident that the relation of masters and servants would soon be banished the world , if all mens interests , vertues ▪ and strength were equall , and much sooner would the names of princes and subjects be for ever razed out of memory ; surely then ( my lord ) 't is beyond dispu e that if you intend to settle a monarchy over us , it must be by violence , for it cannot enter into your heart , to imagine , that you shall find a man , whose glorious vertues shall be as a sun amongst the stars compared with all the vertues in this nation , and those also to be surely intailed upon his heirs , neither can your lordship pretend , to find any family , whose interest in the lands is now so unequall , to the bulk of the people , that the nation should be induced by their interest to serve them . now that a compulsive subjection to a monarchy , must be the product of an unequall power , is as good as written with a sun-beam , he that forceth must be stronger then-he that is forced , and 't is as evident ▪ that such a power is the only naturall fruit of an unequall interest in the lands , upon which the beast of force must graze , that bears the monarch power to force a nation , cannot be inherent in a single person , and multitudes of hands , neither can nor will serve him to subj●ct a nation , unlesse they be h●red , ( christ himself says no man goes to warfare at his own charge ) and nothing can afford the constant growing hire of the princes own , but his interest in the lands , and if he put the hirelings to rob and pilfer for their own ●ire , upon the fruits of the lands , which the people esteem their own , ( that is by taxes ) the basis and root of the power , by which the forces live , hath not an appearance to be in the monarch , nor do his forces seem to have a necessary dependance upon him , but may as well rob for themselves , and at best , they must remain a fluctuating body without root , the monarch not being able to plant them upon his lands with condit●ons of service ; and therefore they will be esteemed of the land owners , only as the common thieves , whose hands are against every man , and ought to have every mans hand against them , and the robbery being in such a case , to be renewed continually upon the land-owners , and the wound alwaies smarting , 't is of more constant danger , to subvert the monarch , then it were for him to cut the throats of ten thousand land-owners at once , and possesse the lands , to plant his forces upon , as their standing-quarters upon their masters own lands , either for their lives , or during his pleasure . surely ( my lord ) it 's not to be denied , that a monarch in his domestick dominions , hath no greater rooted continuing power over a nation , then he hath an interest in the lands , surmounting in value , the interest of the whole people , as that interest grows , by murders , oppression , and the other common artifices of princes , ( unlesse the wrath of god interposeth ) so doth his power root , and flourish , all other seeming power of a monarch , hangs as the ignorant use to say , by geometry , and is without bottome ; 't is a tree whose root is dead , and may be kept up a little while by dead props that decays with it . 't is like an armies foraging into an enemies countrey ▪ and plundering , not being able to gain the possession of a town , castle , or house there , as a root of power over it . indeed , no form of domestick government can be establisht to be of duration , in a nation , chiefly living upon their lands , if property in the land do not accompany the empire , that is , if that order which governs ( be it one man , or the few , or the people ) do not possesse a greater share of the land of that countrey , then the rest of the people that are governed ; and therefore where the administration is most popular ; servants , and all such as have no estates are reckoned to have no share , or voices in the government . and we conceive , thatt the founders of governments , have either framed their models , according to the ballance of property , which they found amongst the people , or else have divided the property , and reduced it to their form . and your lordship may remember when god himself formed the people of israel , by moses hand , into a free common-wealth , there was not only a suitable division of the lands at the first , but a perpetuall law of jubilee , to prevent alienation of lands , and the growth of any to such unequall interest , as his power might be dangerous to the government , and when that people rejected gods form of their common wealth for a monarch , he foretold them , 1 sam. 8. 11. 17. that the first work of their king would be to alter the modell of property in the lands , settled by god and take away the best of their fields , vineyards , and olive-yards , and give them to his servants , for strengthening himself , and so they should become his servants . and if we should not trouble your lordship too much , we would shew from history , that all the lasting monarchies that ever were in the world , have been built upon this foundation , of possessing the greatest interest in their countreys lands , either immediately , or by their peers and their powers , being the naturall result of that , they have had their births , decays , and deaths together . some kingdomes we say have been founded upon the monarchs immediate interest , or property in the lands , as many ancient eastern kings , and the turk , with other eastern princes at this day , who are sole proprietors or landlords of the whole territories where they reign , and the people their tenants at will , or at best for life , upon conditions of service in war , proportionable to the value af their farms , whereby the turk keeps an absolute power over his subject by their dependance upon his will for their bread , and with his own proper revenue is able also to maintain an army of strangers to strengthen the other tie , he hath upon his vassalls , and upon this root of his property , ( to the eye of humane reason ) his power has grown to that monstrous height others kingdomes have been built upon the property in the lands , which the monarchs , peers , have had joyntly with and under him : so were these western dominions after their conquest by the northern people , who divided a land , when conquered , into so many parcels , as they had great officers , leaving the choice of the best and largest share to their prince or leader , he becoming their king , and the chief officers , holding their large shares on him by some small acknowledgements , became his dukes , counts , and earls ; and the common souldiers ( who came indeed to seek a countrey to inhabit ) holding together with the poor natives some small parcels of land under those g eat-men upon such conditions as made them wholly dependant upon their landlords , and thus these dukes and earls paying homage and fealty and small acknowledgements to the prince , became princes in their own divisions , and thus the interest of the king and his peers over-weighed the properties of all other the inhabitants , whereupon the power of our ancient monarchy was founded , and the kings chief officers were the tenants and vassalls of his peers , to whom he sent upon occasion of trouble forreign or domestick to leavy arms , who gathered their vassalls together , and either assisted the king , or fought against him as they l●ked the quarrell , their souldiers never daring to dispute their lords commands knowing no immediate lord but them . thus was the kings power lesse or greater , as he agreed with his peers they having been able ( as your lord ship knows ) to make and unmake kings of england as they pleased , and if their propertie in the lands had so remained , nothing could have shaken the monarchs power , if he had kept an union with them , but the inferiour people grew by degrees to better their tenures , and to make some of their estates hereditary upon easie fines at every change , as our coppy-holders of inheritance and some to have their estates their own free hold , and in fine they came to abolish in england the tenures of vassailage & vill●uinage , which is yet in practice amongst our neigh-bour natiōs , ( whose monarchies stand by so much the stronger ) and the people having got a better interest in the lands , soon obtained some share in the government they were then thought fit to be summoned to the national meetings then called gamont , since a parliament , to consider what way to supply their king with money , which was to come only from their purses and properties ( the nobles then ( as now in france ) payiny no tax or tollage ) and the sense they had of their own properties in the lands made them soon after challenge it as their right , that their king could take no tax , toll , or tollage , unlesse they were pleased to give it him in their parliaments , and then the peoples yoakes , growing more easy , their wealth increased , and lands being commonly suffered to be alienated , the multitude became the purchasers , and some bought off their serviccs that still remained due to their lords , and others bought their lords lands , who proved prodigalls , and as occasion was offered , the churches lands , and this together with some kings endeavours to abate the power of their peers in their countreys , reduced the english peerage to an empty name , the greatest quantity of the lands , and with those , the power being fallen into the commons hands , before the warr , who being then sensible , they neither depended upon the king nor his peers for their bread , conceived themselves obliged to serve none but god , and therefore ought not to be commanded , or to have lawes imposed upon them by the king or his peers , judging it the right of a people , whose property rendred them free , and independent to chuse their own lawes and magistrates , being intended onely for the preservation of their own properties and liberties ; and thus did our house of commons gradually grow to that power which in latter time proved formidable to the kings , there wanting nothing to the destructon of the throne , whose pillars were broken , but an occasion for the people to feel the power they had , & this was the naturall cause of our late kings projecting to have brought german horse , or an irish army into england , a mercenary army being the last refuge of a monarch , devested of his nobility , ( though that also will prove but a violent dead prop , and soon rotten , unlesse he can suddainly reassume a greater property , & give them root by an interest in the lands upon conditions of serving him ) and this was the cause of the kings raising his guard at york , and leaving the vvarre ; being the last means to support his power ; therefore we may say , that the dying pangs of a monarchial power in england , caused our vvarrs , as his violent stranglings for life , much rather , then that the vvarre caused the destruction of monarchiall power ; the parliaments army did indeed prevent a possibility of the resurrection of that power , by a forcible changing the property in the lands , and so reviving a new monarchy ; but the old was dead by a kind of natural desolution before the parlament voted it uselesse , burdensome , and dangerous ; for surely 't is neither of the three , where , and so long as it's single property in the lands , or in union with his nobility , makes the people live upon him and them , though 't is most certainly all the three , where it must be fed upon the peoples properties ; like the snake in the rustick's house , till it be able to oppresse them . my lord , wee hope it will be clear to your lordship , that england is now become an unnatural soyl for a monarch . the governor of the world by various providences hath so divided the land amongst the bulk of the people , that they can live of themselves without serving , and it is preposterous to impose a monarch upon us , as to make a law , that the weaker shall alwaies binde the stronger ; we believe it no less impossible to establish a lasting monarch in england without alteration of the interest , the multitude hath in the lands , and naturall power , then it were to settle a firm lasting free state , or commonwealth in the turkish territories , suffering the ottoman to family to remain the sole landlord of the territories , as now he is ; and we suppose , that obvious objection , that england hath been a monarchy for many hundred years , is clearly answered , from what we have said , if you will take us as conquered , as much by your army , as by the normans , and think to settle a monarchy like theirs , in a new line ; you see the materialls , for your building and theirs , are of a different form , and can never make a like building ; england then yielded earth to the conqueror , by vast earldomes , and baronies , for the plantation of his new potentates , and a few confiscations or forfeitures made his own and his creatures interest in the lands to exceed all the rest ; besides , the temper of the people , to whom any property in the land was left , was much different from that you now finde , they being then bred to learn , and know no better ; now being bred in some liberty , and the continuall claim of the whole . neither can your lordship with reason hope to prop up a new monarchy , by an army of natives , to be paid by taxes , if you consider how soon their estates of inheritance and naturall love to posterity , with their independency upon the monarch , a disgust of the universall odium , they must live under by extorting taxes , will make them espouse the nationall interest as their own , as did the forreign plants of the normans , when rooted in lands of inheritance , so that no sort of armes , to be maintained by a meet tax , can long support a monarch , because the very tax , if nothing else , create's and maintain's him enemies that have roots in his dominions , when his friends have none : we could now shew your lordship invincible difficulties ( as our case is ) to found a monarchy though you should confiscate to your selves most of the peoples ends , to make your land property over weigh al the rest but we believe the confiscation of a people , that have never fought against you , but whose armes you have borne , to be an act so unnaturall and so full of blacknesse and horrour , that it can never be admitted room in your thoughts , and therefore we shall say nothing of it . fourhly , but my lord therei 's a fourth mistake that deserves the first place in the file of errors , that is , to conceive it possible to settle your brother richard and his heirs as our prince , to share in the sovereign power , if the wounds of monarchiall power in england , were not mortall , doubtlesse his art and experience renders not him to be a surgeon fit for the cure ; it was poverty and famine that shot his deadly arrow into the heart of our monarchy , and no plaister can heal it , but mammon to make it self new friends , and do your lordship judge his estate and property sufficient to make him friends enough to compell this nation to subjection ? what can a prudent man fancy as a foundation of his empire ? wherein is the equality between him and the people , even in your opinion , or the dictates of the present armies conscience ? it was said in the last parlament frequently , that he was a stranger to the people of god , unknown to the army , having never actually drawn sword , and one that was never observed to have had any affection for the parlaments cause ; if your lordship please to consider it , you will finde such disadvantages attends your brother , in his aspiring to the throne , as would render his settlement very doubtfull , if the basis for monarchy stood firm in england ; we pray your lordship think of the primary of his education , the tenderness of his years , the meanenesse of hisnatural authority , the slenderness of his reputation as soldier , or counseller , and above all , the hatred and contempt the people hath conceived him ; either of which , is sufficient to ruine a settled prince ; and adde unto these , the claime and pretence he sets up , by pretending to be our prince , for charles stewart against himselfe : ( whose interest and friends forreign and domestique may at the least be put in the ballance with your brothers ) which gives life to a growing root of a civill warr ; and adde farther , your rendring all knowing conscientious men desperate of their liberty bought with their bloud , & then remember the feeble interest and repute of his lords , who in stead of supporting his throne , as their predecessours did their princes have need to be supported by it . and once more adde , that his onely hope and refuge being an army for gods assistance in such designes , ought not to be expected ) that those are natives , not his servants , nor obliged to any dependance upon him , who must against their trust and oarhs , fight against their own countrey , and their own interest , ( which is to transmit to posterity their estates in security and fr●●dome ) and that all their pay must be extorted from the people ( wherein their relations are concerned ) by taxes and collages , and that your brother must have the greatest share of them to subsist upon in his pomp , and that many of those think their own merit and value equall to your brothers , and may not be full proof against ambition , and that they will not discern what aid he contributes to the paying of the taxes , whereof he spends so much ; nor what need have they of him . then your lordship will passe a deliberate resolve , whether it be probable to settle your brother as your monarch , especially if your lordship remember w with what difficulty fear and danger your father was supported for three or foure years only under most of the contrary advantages , and above all his pretence to army and people ( believed by many ) that he abhorred the thoughts of the reviving the old monarchy , and intended to procure a settlement of true liberty . now my lord , when we think upon these things , and the work you are called to , 't is evident to us that god hath hedged up all the by-waies from your duty with thorns , or rather seas and mountains of difficulties , and made the path of righteousnesse plain and easy . 't is your duty to restore the people to their liberty , and lay solid foundations of common right and justice amongst them , and in the natural course and order of things , it appears almost impossible to make them slaves . oh then give glory to god , vindicate the profession of religion , and make your own name as sweet odours to all generations in doing your duty , as a freewill-offering , chearfully and speedily , least your own necessities , and the peoples confusions should extort it from you . your only businesse then my lord ) is to settle the order for the continuall successive assemblies of the people , to make their own laws and magistrates , all present forms being broken by you , and an absolute necessity upon you , to appoint what shall be next , though you would return back to that imperfect form of parliaments that's now become unsuitable for us as a free people . for it is essentially necessary to the securitie of freedome , that the same assemblie should never have the debating and finally resolving power in them , least it suddenly degenerates into an oligarchie or tyrannie of some few , that assembly being in such a case able to perpetuate themselves . of this the providence of god hath given as an experiment in the long parliament , who exercising both the debating and determining power , were strongly tempted to have made themselves perpetually legislators , and what else they please , and to have governed according to their private interests , which if it had taken effect , would have as much destroyed the common interest and common right , vertue and liberty , as the same power exercised by a single person , who doth also naturally make his whole government , centre in his particular interest . therefore the order that hath alwaies been in effect amongst free people , ( although with some variation of names and circumstances ) hath been this : they have ranked themselves into three orders , the people , the senate , and the magistrate , whereby they have made themselves partakers of all the benefit of the naturall democracy , aristocracy , and monarchy ; that is , they have had the good effects of all the excellent endowments for rule and order , which god hath dispensed to any of their people , and by the wise distribution of the power amongst them , with controuls to every of their corrupt affections , unto which they were prone , they have prevented the mischiefs apt to ensue , when the governing power happened to be placed solely in any of the three . by the people is to be understood , ( in large populous places where the body of the people is too large to meet ) the popular assembly chosen by the body of the people of interests and estates , who have right of sufferage amongst us . this counsell or assembly ought to be numerous , as one thousand or more , and their function ought to be , to give their affirmative or negative to all laws , matters of peace , warre , and leveys of money , and that without debate , or arguing , which would bring in confusion in so great an assembly . therefore the matters ought always to be proposed by the senate , a convenient time before , that the popular assembly may be fully advised of them , before their meeting , and then they are to be summoned to meet , by one of their own choice for that purpose : and therefore they ought to reside near the chief citie , for the time of their power , which may be for two or three years , one third going out of office every year the assembly being filled by a new choice , and this is called the power of the common wealth ; the senate is the wisedom and authoritie of the common-wealth , which is a select company , not very numerous , chosen by the whole people at the same time and in the same manner with the popular councell , and to continue for the same space , with the same changes and recruits : the office of this councell , is to manage affairs of peace and warrs , when the people hath decreed it , and to prepare all lawes and decrees , ready for their sufferage , to command the forces by sea and land , according to such lawes and orders as shall be either fundamental to the government , ( for there ought to be an instrument of government ) or made from time to time by the senate , and the people . so that the senate is to debate and propose , and the people to decree and resolve all lawes going in the name of both of these deputies , both senate and people ought to have moderate sallaries allowed them , to prevent corruption , and in some recompence for the neglect of their private affairs , those of the popular assembly may have fourty shillings per week , & those of the senate may have five hundred pound per annum , their pains , care , and expence , being to be probably much greater , regard being also had to their qualitie , now if it should not be provided in the foundation , that the popular assembly should not assume the debate , it would come to an anarchie ; but athens , which perished by that means : and if the senate should take upon them the result , it would soon be an oligarchy , ( or tyranny of a few ) for they might with a vote perpetuate themselves , and govern the nation according to their private interest ; but both counsels can never agree to perpetuate themselves , for the popular assemblies office , being not of profit , but burden , and being acpable when out of that office , to be chosen into the senate , which is of more profit and authoritie , it would be against their interest , which is the most certain bond upon mankind ) to perpetuate themselves , and the yearly change of a third in each councels , bringing the whole number by successive changes , so suddenly into their private capacities , to enjoy the good , or suffer the harmes of what is done by the councell , in an equalitie with the whole people , it is of naturall impulse , that the whole government , should be onely according to the publicke reason and interest , and cannot be imagined to deviate from the proper ends of government , neither can any brazen-wall , be so firm and lasting , against the private interest and pretence of charles stuart , as the moulding the people into these orders , there being no danger , that the senate and people should agree to de-throne themselves , to be yoaked by a monarch : and we may safely say , that no people formed into these orders , if their number held any neer proportion to lie under monarchie , were ever yet subdued by a monarch , from the beginning of the world , untill this day , unlesse they were first broken in pieces by themselves , through some inequalitie in the constitution of their orders , but mightie monarchs have been often led captives by such people . the third order , is the magistracy , wherein some are chiefe , some subordinate , some senatorian , some popular , and are chosen accordingly , being all changeable , at certain times , and wholly subject to the lawes and order of the common-wealth . and the office of these , is to execute impartially all the lawes made as is before expressed . it is possible it may consist with the common interest , to have one chiefe magistrate , in whom the title & honour of the common-wealth , may reside in publicke solemnities and addresses ; so that no publick action bee left to his discretion , we shall not mention the excellent order of armes , that is the consequence of casting a people into this forme , whereby they subsist , and become invincible by their own armies , not by mercinaries . we onely mention the first forme , wherein the foundation of libertie to a people ought to be laid , that is by establishing the popular assembly , the senate , and the magistracy ; these are essentiall unto true libertie , the superstructures have differed amongst severall free people , according to divers accidents , we shall not presume so well of our selves as to offer any direction to your lordship in them : but if god shall prepare your heart for such a worke of righteousness and honour , we shall readily throw in our mite of advice to your treasury . my lord , we have now not onely cleared it to be your lordships duetie , to make us free , but shewed wherein the foundation of our libertie must be laid , and the ground is digged to your hand , the lands being so distributed , that no one man , or small number of men can over-power the whole people , by their possessions , if we thought it needfull to quicken your affections to your duetie , we could tell you from reason and experience how strangely such a settlement of libertie would transforme the manners of the people ; luxurie would change into temperance , haughtinesse and envie into meeknesse , and mutuall love and emulation of goodnesse , servilitie and basenesse of minde , into noblenesse and generositie . who would not follow vertue for the love ? when neither alliance , flattery or any vice , could make great , but a generall sentence from popular assemblies of worth and goodnesse , we might tell you it would wash foure garments from the staines of bloud , and the armies honour from the black reproach that now covers it , and above all the profession of religion from scandall and infamy ; this would shew that you had nobler ends then yet the world believes to be in christians : if ambition pricks in your breast , for your self or your brother ; in thus doing you may set him upon a throne more noble , lofty , and commanding , then ever the stuarts possessed or designed . his free conjunction with your lordship in this work may give him merit of greatnesse in the souls of those that now disdain him , you may make your swords shine with a radiant glory beyond those of alexander and caesar , whose honour was only the same with that of the plague and pestilence to destroy mankind , yours may restore liberty to england , and propagate it to mankind . and what should hinder your lordship , surely you can fear no resistance in giving the people their right , when you feared none in many destructive attempts to their right & freedomes , besides you have an army whose interests , consciences , ingagements , yea their very passions and affections lead them this way , and in doing this you may extinguish all fears , and secure against all plots , and make all knowing men your voluntary vassalls in thankfulnesse for their liberty . but if your private interest should blind your lordships eies , and lead you out of the paths of mercie , righteousnesse and peace , to hew out a bloudy way to empire against the naturall course of things . we believe it will not be long before oppression and confusion , the consequences of such violent actings wil extort that from you , which with little more trouble then to moddle the elections for a parliament ( as they ought ) you might give us above to your eternal honour . so wishing the god of mercy and peace to direct you , we remain my lord , your affectionate servants in christ . finis . by the king, a proclamation for removing the receipt of his majesties exchequer from non-such to westminster england and wales. sovereign (1660-1685 : charles ii) 1665 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a32503 wing c3417 estc r30901 11687037 ocm 11687037 48151 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32503) transcribed from: (early english books online ; image set 48151) images scanned from microfilm: (early english books, 1641-1700 ; 1482:4) by the king, a proclamation for removing the receipt of his majesties exchequer from non-such to westminster england and wales. sovereign (1660-1685 : charles ii) charles ii, king of england, 1630-1685. 1 broadside. printed by leonard lichfield for john bill, and christopher barker ..., oxford : 1665 [i.e. 1666] "given at our court at oxford the 5th day of january in the seventeenth year of his majesties reign." reproduction of original in the cambridge university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -exchequer. finance -england. proclamations -great britain. 2008-07 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 mona logarbo sampled and proofread 2008-08 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation , for removing the receipt of his majesties exchequer from non-such to westminster . charles rex , the king 's most excellent majesty upon weighty considerations hath thought fit , to remove the receipt of his exchequer , together with the tally-office , and all things thereunto belonging from his honour of non-such , where the same is now kept , to the city of westminster ; and doth therefore by this his proclamation publish , that the same shall be there opened on the twentieth day of this instant month of january , to the end that all persons , whom the same may concern , may take notice to repair thither upon all occasions , concerning the bringing in , or issuing out of his majesties treasure , at the receipt of his exchequer . willing and requiring all sheriffs , bayliffs , collectors , and all other officers , accomptants , and persons whatsoever , who are to pay in any moneys into the said receipt of his majesties exchequer , or otherwise to attend the same , to keep their days and times at westminster aforesaid , and there to doe , pay and perform in all things , as they should or ought to have done , if the said receipt had not been removed , but there continued . given at our court at oxford the 5th day of january in the seventeenth year of his majesties reign . god save the king . oxford : printed by leonard lichfeild printer to the university , for john bill , and christopher barker , printers to his majesty , anno dom. 1665. by the king. a proclamation for removing the receipt of his majesties exchequer from westminster to nonsuch proclamations. 1665-07-26. england and wales. sovereign (1660-1685 : charles ii) 1665 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a32502 wing c3416 estc r216305 99828039 99828039 32466 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32502) transcribed from: (early english books online ; image set 32466) images scanned from microfilm: (early english books, 1641-1700 ; 1944:15) by the king. a proclamation for removing the receipt of his majesties exchequer from westminster to nonsuch proclamations. 1665-07-26. england and wales. sovereign (1660-1685 : charles ii) charles ii, king of england, 1630-1685. aut 1 sheet ([1] p.) printed by john bill and christopher barker, printers to the kings most excellent majesty, london : 1665. at end: given at our court at hampton-court, the six and twentieth day of july, 1665. in the seventeenth year of our reign. god save the king. reproduction of the original in the guildhall library, london. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -exchequer -early works to 1800. finance -england -early works to 1800. great britain -history -charles ii, 1600-1685 -early works to 1800. 2008-07 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for removing the receipt of his majesties exchequer from westminster to nonsuch . charles r. the kings most excellent majesty taking into his princely consideration the great and dangerous increase of the plague in and about the city of westminster , where his majesties receipt of exchequer hath been hitherto kept ; & willing , as much as is possible , to prevent the further danger which might ensue as well to his own officers , which are necessarily to attend the same receipt , as to other his loving subjects , who shall have occasion either for receipt or payment of moneys to repair thither ; hath therefore taken order for the present remove of the receipt of his said exchequer , together with the tally-office , and all things thereunto belonging , from thence to his majesties honour of nonsuch in the county of surrey : and hath thought fit by this his proclamation to publish , that the same shall be there opened on the fifteenth day of august next , to the end that all persons whom the same may concern , may take notice whither to repair upon all occasions , concerning the bringing in , or issuing out of his majesties treasure at the receipt of his exchequer . willing and requiring all sheriffs , bayliffs , collectors , and all other officers , accomptants , and persons whatsoever , who are to pay in any moneys into the said receipt of his majesties exchequer , or otherwise to attend the same , to keep their days and times at nonsuch aforesaid , and there to do , pay , and perform in all things , as they should , or ought to have done at westminster , if the said receipt of exchequer had continued there . and this to be done and observed until his majesty shall publish and delare his further pleasure to the contrary . given at our court at hampton-court , the six and twentieth day of july , 1665. in the seventeenth year of our reign . god save the king. london , printed by john bill and christopher barker , printers to the kings most excellent majesty , 1665. six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91280 of text r211416 in the english short title catalog (thomason 669.f.22[43]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 13 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91280 wing p4083 thomason 669.f.22[43] estc r211416 99870143 99870143 163626 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91280) transcribed from: (early english books online ; image set 163626) images scanned from microfilm: (thomason tracts ; 247:669f22[43]) six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, 1600-1669. 1 sheet ([1] p.) s.n., [london : 1659] anonymous. by william prynne. imprint from wing. identified as wing p4083a on umi microfilm "early english books, 1641-1700" reel 2038. annotation on thomason copy: "w.p:"; "xber [i.e., december]. 30. 1659". reproductions of the originals in the british library (thomason tracts), and the harvard university library (early enlgish books, 1641-1700). eng england and wales. -parliament -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a91280 r211416 (thomason 669.f.22[43]). civilwar no six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, prynne, william 1659 2168 6 0 0 0 0 0 28 c the rate of 28 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-08 aptara keyed and coded from proquest page images 2009-01 emma (leeson) huber sampled and proofread 2009-01 emma (leeson) huber text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion six important quaeres , propounded to the re-sitting rump of the long parliament , fit to be satisfactorily resolved by them upon the question , before they presume to act any further , or expect the least obedience f●om the free-born english nation , after so manie years wars and contests for the privileges , rights , and freedom of parliaments , and their own liberties . 1. whether their sudden stealing into the house by night , on monday the 26. of december after their forced dissolution by lambert , octob. 13. without any new summons or notice of their sitting given to any of their fellow-members , in the city , or people of the nation ; was not a work of darkness , rather than of light , better beseeming theeves than freemen , a guy faux with his dark lanthorn to blow up a parliament , than the honour and dignity of members of a real english parliament , and a bad omen of some dark d●signs against their fellow-members , and liberties both of the city and english nation ? 2. whether their placing armed gards that evening at the house , and all approaches to it and the next morning too , and giving colonel okey , and colonel alured ( the commanders of their gards ) their serjeant and door-keepers , strict special commands and orders , not to suffer any of the old secluded members so much as to come into the outward lobby before the house , ( whether footboys , apprentices , and other persons of all sorts had free access , ) much lesse to enter into the house ; and their forcible secluding of sir gilbert gerard , sir anthony irby , sir william waller , sir john evelin , mr. ansl●y , serjeant maynard , mr. prynne , and 15. other members more on tuesday morning , decemb. 27. out of the very lobby , in pursuance of their orders , till they crowded into the lobby by degrees against the door-keepers , and gards wills , who at first oft shut the doors against them , though they admitted apprentices , and others to pass in and out : and their seclusion of them out of the house when in the lobby , by keeping the house door fast locked against them , and ordering the door-keeper and serjeant not to open it , notwithstanding many demands to open it , and messages to them for that purpose , which they slighted ; not vouchsafing to take any notice of , after two full hours attendance by the members on them in the lobby ; nor so much as sending any member , nor their serjeant out to them ; as they usually do to every ordinary petitioner , or person attending them upon publick or private occasions ; be not a just ground and provocation for these and all other secluded members , ( being about 4. times more in number and interest to those then sitting , and the real house of commons , ) with all the respective counties , cities , boroughs , ports for which they serve , with as high contempt and scorn to neglect them and their illegal conventicle , ( not the tenth part of a commons house , ) to protest against all their votes , proceedings as null and void to all intents , and not to yield the least obedience to any orders , votes , or commands of theirs , till all the members be freely admitted without any restrictions , to sit and act amongst them ; it being both their privile●e , birthright , and inheritance , and they obliged by their protestation , and solemn league and covenant , constantly , zealously and chearfully to defend the same with their lives and estates against all violations , all the daies of their lives ; and therefore now if ever , in this sad posture of publick distractions ? 3. whether this their disdainfull , uncivil , unbrotherly treating of their fellow-members ( desiring nothing else but a brotherly association with them , to compose the manifold distractions , and make up the wide breaches of our sinking , dying nations , by their united councils and endeavours , and to regulate all exorbitances , occasioned by their heady councils and miscariages ) in not allowing them the privileges of porters and footboyes to enter into their outward lobby , in taking no notice of them , and putting this fresh affront upon them , after so many former indignities , in the midst of their and our domestick confusions and fears from forein parts , be not an evident demonstration ; that they intend neither the publike peace , unity , nor settlement of our government , laws , liberties , or nations , but their unjust support of their own private interests , rapines , ambitious tyrannical usurpations and exercises of supreme parliamentary civil and military authority over our three nations ; to imbroyl them in new wars and confusions , to prey upon the small remainder of their real and personal estates , by the power of the sword , now gotten into their hands , out of the army-officers ; who abused it likewise to the oppressing and enslaving of the people , and created them a parliament without the secluded members , and house of peers ? 4. whether their disdainfull , injurious forcible seclusion of the members , by their own special orders and commands to their gards and officers now , be not a shrewd evidence , that their former seclusions , decemb. 6. and 7. 1648. and may 7. and 9. 1659. ( acted by , and fa●●●red on the army-officers , and seemingly disowned by themselves ) were secretly procured & countenanced by them , thus openly owning their last seclusion , by their precedent orders and subsequent approbation of it ; and that at their very first re-assembling , after their own late forcible seclusion , by lamberts and hewsons regiments , now entertained and imployed in their service , to seclude , and keep out their old honest fellow members , of untainted integrity and merit ? whether it be not a greater breach of privilege , trust , duty , tyranny , perjury , and treason in them , against all former declarations , the protestation , solemn league and covenant , taken and subscribed by them , with hands lifted up to the most high god , thus to seclude their fellow members ; than it was in cromwell and harrison , april 20. 1653. or for lambert october 13. last to seclude and turn themselves out of doors , after their declaring and voting it treason , perjury and tyranny in them ? whether this their secluding of the members by col. okey himself , and others who appeared most active against their exclusion by lambert , will not draw a self-condemnation on them , as acting by their commands , against their consciences ; and justify both cromwels and lamberts seclusion of themselves ? and justly encourage all their newly reduced soldiers and others , to shut and turn themselves out of the house again upon any emergent occasion or discontent , with greater boldness and impunity than before , since they justified their last seclusion , by their former underhand encouragements of them to seclude the majority of the members , who over-voted them in decemb. 1648. and give them orders to seclude them now again upon the same account in the same month of december , for fear they should over-vote them if re-admitted ? 5. whether their printed vote , decem. 27. to take the business of their absent members into debate on the 5. of january next ; instead of giving admittance , or any answer to the 22. secluded members waiting for an answer in the lobby above 2. hours , be not a meer dilatory cheat put upon the secluded members , the city of london , and whole nation ; to delay their admission till they have put new gards on , and drawn up all their forces to london , to over-awe the city , and hinder their long-delayed militia for their own security ; and setled the militia of every county under their own commands , to enslave the whole city and nation to their tyranny and usurped parliamentary power ; and then they will not only forcibly keep out all the members , but absolutely eject them , unlesse they will take their new oath and ingagement : as is evident by their speakers prohibiting the lord maior and common council on saturday last to set up their chains and settle their militia ; and their order and vote on munday night against all forces raised without their order , to hinder the militia in the city , when they commanded the militia in the suburbs and westminster to meet and act that day : and by some of their discourses 〈◊〉 secluded members ; that there was no hopes of their admission , unlesse they were for a commonwealth , would take the ingagement , and confirm what they had done : and thereby become as guilty , treacherous , perfidious , disloyal , and hurtfull to the publike as themselves ) which those members assured them , they would never submit to , being against the privilege of parliament , their judgements , consciences , protestation , covenant , former oathes upon their first admission as members . 6. whether the city , or english nation , can expect the least justice ease or redresse of their insupportable burdens , taxes , and impositions from these new tax-masters , who ( though they are not yet the tenth part of a full commons house ) presumed to pass and print a new act of parliament , to continue their expired customs and excises on them , till march next ? whether their unpresidented presumption ▪ in arrogating to themselves the title , power and authority of a parliament ; when all laws , and lawbooks resolve , their own consciences and the whole nation infallibly know them to be no parliament , nor commons house , hath not brought them within the compasse and penalty of this clause in their own last act , before their dissolution by lambert , october 11. intituled , an act against raising of money upon the people without their consent in parliament : and be it further enacted , that no person or persons shall after the 11. of october , 1659. assess , levy , collect , gather or receive , any customs , imposts , excise , assessment , contribution , tax , tallage , or any sum or sums of money , or other impositions whatsoever , upon the people of this commonwealth , without their consent in parliament , or as by law might have béen done before the third of november , 1640. and be it further enacted and declared , that every person offending against this act , ( therefore every of themselves who passed this new act , decemb. 27. and those who shall put it in execution ) shall be and are hereby adjudged to be guilty of high treason , and shall forfeit and suffer as in case of high treason . whether the people of this commonwealth ( the thousand part whereof knew not of their new sitting ) did ever consent to this sudden extemporary new act , made the first morning of their sitting in lesse than two hours space , when there were but 42. members in the house ; 22. secluded members at the door , and near 250. more members yet living , ( besides the whole house of lords , who must stand for cyphers ) absent , and not privy to their session , or this act ? if not , ( as is unquestionable ) whether by this their own law and act , they be not adjudged to be guilty of high treason , and to forfeit and suffer as in case of high treason , for this their imposing and continuing of customs and excises on the people ; as well as for their seclusion of their members ; which they voted to be treason in lambert ? and whether the offices and common soldiers can upon this acccount expect any pay from the city or country , or indemnity for secluding those now sitting , if they offend again in secluding the greatest part of the members , which are in truth the only house , which can only really pay and indemaifie them ? the articles and charge of the armie against fourscore of the parliament men, who have acted contrary to the trust reposed in them by the people, and would have his majesties late concessions to be a ground of peace with the names and number of those who were seized on by col. pride on wednesday last at westminster and committed to safe custody : likewise, the further demands of his excellency and the generall councel of officers, and their desires touching major generall brown, sheriff of the city of london. england and wales. army. this text is an enriched version of the tcp digital transcription a25913 of text r205425 in the english short title catalog (wing a3806). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 11 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a25913 wing a3806 estc r205425 13413822 ocm 13413822 99461 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a25913) transcribed from: (early english books online ; image set 99461) images scanned from microfilm: (early english books, 1641-1700 ; 782:26) the articles and charge of the armie against fourscore of the parliament men, who have acted contrary to the trust reposed in them by the people, and would have his majesties late concessions to be a ground of peace with the names and number of those who were seized on by col. pride on wednesday last at westminster and committed to safe custody : likewise, the further demands of his excellency and the generall councel of officers, and their desires touching major generall brown, sheriff of the city of london. england and wales. army. [2], 6 p. printed for c.w. ..., [london] : 1648. "by the appointment of his excellency the lord fairfax, lord generall, and his generall councell of officers ... john rushworth, secr." caption title: the charge of the army against major general massey, sir william waller, col. hollis, col. copley, and the rest of the parliament men, who was [sic] impeached and taken into custody on wednesday, 6 decemb. 1648. place of publication from wing. reproduction of original in huntington library. eng england and wales. -army. great britain -history -charles i, 1625-1649. a25913 r205425 (wing a3806). civilwar no the articles and charge of the armie, against fourscore and odd of the parliament men, who have acted contrary to the trust reposed in them england and wales. army 1648 1838 12 0 0 0 0 0 65 d the rate of 65 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2005-08 tcp assigned for keying and markup 2005-10 spi global keyed and coded from proquest page images 2005-11 mona logarbo sampled and proofread 2005-11 mona logarbo text and markup reviewed and edited 2006-01 pfs batch review (qc) and xml conversion the articles and charge of the armie , against fourscore of the parliament men , who have acted contrary to the trust reposed in them by the people , and would have his majesties late concessions to be a ground of peace . with the names and number of those who were seized on by col. pride on wednesday last at westminster , and committed to safe custody . likewise . the further demands of his excellency , and the generall councel of officers ; and their desires touching major generall brown , sheriff of the city of london . by the appointment of his excellency the lord fairfax lord generall , and his generall councell of officers , signed , john rushworth , secr. printed for c. vv. neer the royall exchange in cornhill , 1648. the charge of the army , against major generall massey , sir vvilliam vvaller , col. hollis , col. copley , and the rest of the parliamen men , who was impeached and taken into custody on vvednesday 6 decemb. 1648. i. that whereas denzil hollis esq lionel copley esq maj. gen. massy , and others of your members , were in the year 1647. impeached by your selves for treason , or for high crimes and misdemeanours , in relation to the treasonable engagement of the city of london , &c. and upon cleer proofs against them , were by your censure expelled the house ; yet by the prevalency of their faction the same persons were afterwa●ds readmitted to sit in the house , and vote as formerly , without any tryall or satisfaction in the things whereof they were accused : we demand that all those members so impeached may be forthwith secured , to be brought to justice or tryal for their said crims , and that such others of their faction , may be secluded from the house , &c. ii. that whereas by the confederacy of major gen browne ( now sheriff of london ) with the said impeached members , and others , the scots were invited and drawn in to invade this kingdom the last summer , insomuch as when upon the actuall in●asion the house proceeded to declare them enemies , and th●se that a●h●●e to them traytors ; yet the said confederates and other treacherous members ( to the number of ninety and odd , as u●on the division of the house appeared ) did by their councels and votes endeavour to hinder the house from declaring against their confederate inva●ers ; we desire , that the said m.g. brown may bee also secured and brought to judgment , and that the rest of the ninety and odd persons dissenting in the said vote , may bee excluded the house , and not trusted further in your councels . iii. that whereas in a continued series of your proceedings for many moneths together , we have seen the prevalence of the same treacherous corupt , and divided councels , through factions and private interests , and in their late votes declaring the kings past concessions to be a ground for the house to proceed upon for the settlement of the peace of the kingdom , notwithstanding the visib●e insufficiency and defects of them in things essentially concerning the publike interest & liberties of the kingdome ▪ iv. that such as by faithfulnesse have retained their trust , being set in a condition to pursue and perform the same , with out such interruptions , diversions and depravations of councels , as formerly . we shall desire and hope you will speedily and vigorously proceed , 1 to take order for the execution of justice , 2 to set a short period to your own power , 3 to provide for a speedy succession of equall representatives , according to our late remonstrance , wherein differences in the kingdom may be ended , and we and others may comfortably acquiese ; as ( for our parts ) we hereby ingage , and assure you we shall . by the appointment of his excellenoy the lord falrfax , lord general , and his generall councel of officers . signed , john rushworth , secr. the articles and proposals . 1 by what evidences and proofes , or upon what reasons and grounds the king stands acquitted of the charge of the houses against him , in their late declaration to the kingdom . 2 what persons especially what members of either houses have plaid the traytors , by inviting the scots to invade this kingdome , or gave them countenance , or incouragement in that perfidious attempt . 3 that the promoters of the first and second war bee brought to justice . 4 that the arrears and debts of the kingdom be secured and satisfied , and that the publike faith be not made a publike fraud to the kingdom , 5 that the court of wards be abolished without exacting satisfaction for the same . 6 that the consciences of men be not cruelly and vnconscionably shipwracked . 7 that the cunning device upon the army for hatefull free quarter , and the contrivers thereof be discovered , and the mariners and army vindicated from the slander thence raised upon it . 8 that the orders for reducing any of the souldiers or sea men either by sea or land may be suspended , untill the commonwelth be setled , and the enemies thereof brought to justice . that these and the like things being satisfied and secured to the kingdome , your excellency and your army may return from this present imployment in honour and good conscience , as faithfully discharging the armies ingagement to the kingdom , and not beare the shame and reproach of men that only acted for hire , and so that base scandall , so much in the mouths of your and our treacherous enemies , will not be justified in the hearts of our friends : for the effectuall obtaining of these good things , wee shall really adhere to your excellency to our utmost ability . by his excellency the lord generall fairfax . these are to require all officers and souldiers of horse and foot who shall quarter in and about the city of london and suburbs thereof , that they behave and demean themselves and peaceably towards all sorts of people , not giving any just cause of offence , or provocation by language , or otherwise , upon pain of such severe punishment as to a court martiall shall be thought meet , and not do any unlawfull violence to the person or goods of any , either in their quarters or elsewhere , upon pain of death : and for the more due execution hereof , all commanders and officers are hereby required not to be absent from their severall and distinct charges , without leave first had from their superiours ▪ upon pain of such punishment as the party injured shall sustain , and such further censure as to justice shall be thought fit . given under my hand and seal , decemb. the first , 1648. t. fairfax . forasmuch as divers ill-affected persons have of late made their resort to the city of london , the subburbs , and places adjoyning , with designe ( as there is cause to believe upon grounds more then probable ) to imbroile this kingdome in further troubles : and whereas by ordinance , or order of parliament , such resort hath been prohibited , and the departure of such persons enjoyned ; these are therefore to require all persons that have engaged for the king in the first or latter war , or have adhered unto , or assisted him or his party therein , and are now residing in london , or within ten miles distant there from , that within twenty foure hours , after publication hereof , they depart from the said city and subburbs , and all places within ten miles distance thereof , and not to return for the space of one month , next ensuing the publication hereof , if the head-quarters shall continue here so long : and who ever shall be found and taken , contrary hereunto , they shall be dealt withall as prisoners of war , except such of them as have perfected their compositions , and not engaged again in the latter war . given under our hand and seal the fourth of decemb. 1648 , t. fairfax . by his excellency the lord generall fairfax . whereas it is informed , that many souldiers and others of the army going without leave of their officers from the places where they are quartered , do straggle about the city of london and subburbs , contrary to orders in that behalf given ; i do hereby require and command all such souldiers and others of the army , forthwith upon publication hereof , to repair to their several quarters upon pain of being strictly proceeded against according to the said orders and the generall articles of war . and whereas it is informed , that divers loose persons going about the city under the name and in the garb of souldiers , have been very abusive in language , and otherwise , to the injury of some inhabitants , and just offence of others ; i do hereby desire , that if any such be hereafter found going about without order , or off●cers to govern them , whether they be indeed souldiers or no , and committing any such abuses , they may be apprehended by the next constables and sent to white hall , there to be delivered as prisoners to the marshall generall , together with what information and evidence there is against them by a councel of war , to the due punnishment of those that shall be offended , and to the just satisfaction of the per●ons injured , and if any of the souldiers going about with their off●cers , shall be so abusive , in case their officers shall not restrain them , such officer being complained of , shall himself be punished , and give satisfaction to the parry injured . given under my hand & seal , decemb. 8. 1648. t. fairfax . col. pride having received orders from the generall , to secure a certain number of the parliament , on wednesday last marched with his regiment to westminster , and took divers of them into custody , viz. sir william vvaller , major gen. massey , sir benjamin rudyard , col. hollis , col· fines , and about 20 more , who are committed to safe custody , and whether they shall have their inlargment upon paroll , or be continued prisoners is uncertain . finis . his majestys gracious message to general monck, commander in chief of his majesties army in scotland, and to the lords, knights, gentlemen, &c. sitting in council at the city of edenburgh. charles ii, king of england, 1630-1685. this text is an enriched version of the tcp digital transcription a79219 of text r211383 in the english short title catalog (thomason 669.f.22[22]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a79219 wing c3035 thomason 669.f.22[22] estc r211383 99870112 99870112 163605 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a79219) transcribed from: (early english books online ; image set 163605) images scanned from microfilm: (thomason tracts ; 247:669f22[22]) his majestys gracious message to general monck, commander in chief of his majesties army in scotland, and to the lords, knights, gentlemen, &c. sitting in council at the city of edenburgh. charles ii, king of england, 1630-1685. 1 sheet ([1] p.) [s.n.], printed at paris, cum privilegio : 1659. dated at end: signed by our self at our court at orleance, this nine and twentieth day of november 1659. annotation on thomason copy: "xber [i.e. december]. 15." reproduction of the original in the british library. eng albemarle, george monck, -duke of, 1608-1670 -early works to 1800. england and wales. -army -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. a79219 r211383 (thomason 669.f.22[22]). civilwar no c. r. his majestys gracious message to general monck, commander in chief of his majesties army in scotland, and to the lords, knights, gentl charles ii, king of england 1659 923 5 0 0 0 0 0 54 d the rate of 54 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2008-03 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-12 mona logarbo sampled and proofread 2008-12 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion c. r. his majestys gracious message to general monck , commander in chief of his majesties army in scotland , and to the lords , knights , gentlemen , &c. sitting in council at the city of edenburgh . right trusty and well beloved , having received an overture from several of our loving subjects in our kingdom of scotland , wherein is expressed very ample testimonies of their good affections to our self , and their solemn protestation to endeavour to the utmost of their power , the establishing us in the royal throne and dignity of our father , to the end that all our loving subjects may be redeemed from those horrid outrages , that they are now under , by that sad and destructive government of the mercilesse sword . for the satisfaction of all our loving subject , we have thought it very sutable to the duty of our place , to do our part to so good a work , in which we shall not think it below our kingly dignity , to descend to any particular which may compose and settle the affections of our meanest subjects , since we are so conscious to our self of such upright intentions and endeavours , and only of such which are for the peace and happinesse of our bleeding kingdoms ; in which the prosperity of our subjects must be included , that we wish the most secret thought of our heart , were publisht to their view and examination . we have several times done all that we could , to manifest the clearnesse and uprightness of our intentions to all our loving subjects , as likewise in our last propositions publishd in print by some of our friends in england , signed by our selfat brussels ; wherein we made provision both for all our loving subjects and the souldiery , so far as might be with safety to our self and kingdoms . and now at last , being fully satisfied of your present ( we hope successful ) proceedings , in behalf of our self and our parliament chosen by our royal father , do from the bottom of our hearts , without fraud , deceit , or any sinister by end , declare to you our trusty and well beloved subjects , that we shall be willing , and have already provided for your assistance of our own native countey 15000 horse and foot , being accomodated by the two christian kings , with arms , ammunition and all other provision , necessary for the carrying on so great a work , to establish the gospel , and settle a true peace amongst our loving subjects in our long distracted kingdoms ; being confident , and assuring our self , that we may put our whole trust in you , and our honourable counsel elected by the good people of our kingdom of scoland . not doub●●ng in the least of your fidelity , though lately we were in great danger of being ensnared by that unparallel'd traytor sir george booth and his party , amongst whom many of our good friends were treacherously drawn in , by his machavelion devises , to their very great detriment , both by imprisonment and losse of their estates . we do further hereby declare , that whereas some of our reproachful enemies have cast upon us that false aspersion of forsaking the true protestant religion ( thinking thereby to make us odious in the eys of our loving subjects ) and that if we should be established in the royal throne of our father , we would utterly destroy and exterpa● the gospel , with all the good godly people in our kingdoms , and advance the romane catholick religion , we do abhorre any such thoughts , having been from our infancy nurtured and brought up in the true , ancient , catholick and apostol●ck faith ; in defence whereof ( god enabling us ) we shall freely hazzard our lives and fortunes ; not seeking ou own interest so much as the interest , rights , priviledges , lawes , liberties , and freedoms of our long enslaved sub●ects , under the egyptian bondage of taxes , excise , unusual customs , assessements , and free-quartering of a mercinary army , imposd on them by tyrannous usurpers , who have by will and power governed our kingdoms , destroying and massacring our loving subjects at pleasure ; during the time of our exilement . we shall now conjure all our good subjects ( of what degree soever ) by all the bonds of love , duty or obedience , that are precious to good men , to joyn with us for the recovery of the peace of our kingdoms , and for the preservation thereof , to remove all their doubts and fears , which may interrupt their affection to our self , and all their jealousies and apprehensions which may lessen their charity to each other , and then ( if the sins of ou● kingdoms have not prepared an evitable judgment for us all ; god will yet make us a great and more glorious king over a free and happy people , then ever yet were any of our predecessors . signed by our self at our court atorleance , this nine and twentieth day of november 1659. c. r. god save the king . printed at paris , cum priviledgio , 1659. a true account and character of the times, historically and politically drawn by a gentleman to give satisfaction to his friend in the countrey. hall, john, 1627-1656. this text is an enriched version of the tcp digital transcription a86829 of text r201779 in the english short title catalog (thomason e401_13). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 16 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a86829 wing h355b thomason e401_13 estc r201779 99862279 99862279 114432 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a86829) transcribed from: (early english books online ; image set 114432) images scanned from microfilm: (thomason tracts ; 63:e401[13]) a true account and character of the times, historically and politically drawn by a gentleman to give satisfaction to his friend in the countrey. hall, john, 1627-1656. n. ll. 8 p. s.n., [london : 1647] caption title. a gentleman = john hall (cf. wing); signed at end: n. ll. imprint from wing. annotation on thomason copy: "aug: 9 1647". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a86829 r201779 (thomason e401_13). civilwar no a true account and character of the times,: historically and politically drawn by a gentleman to give satisfaction to his friend in the cou hall, john 1647 2818 2 0 0 0 0 0 7 b the rate of 7 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2008-03 tcp assigned for keying and markup 2008-04 spi global keyed and coded from proquest page images 2008-05 john pas sampled and proofread 2008-05 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a true account and character of the times , historically and politically drawne by a gentleman to give satisfaction to his friend in the countrey . sir : vvith a gratefull acknowledgement of your manifold favours , &c. i cannot upon any occasion , but shew my prompt obedience to doe you service , and as part of it to continue my intelligence . truly , sir , in my judgment , the face of things hath not beene more distracted since the beginning of this impious war , then it is at this present . were tymanthous to draw it , we might well allow him a veyle , lest it too far orecome his art , and contristate the spectator . jealousies dayly heighten , new parties appeare , and new interests are discovered , that we seeme to oreact some wel contrived romance . in which , every page begets a new and handsome impossibility . such sicknesses have now seazed on the body politicke , that is nothing but crampes , convulsions , and fearefull dreames . but to come neerer an account , give me leave to represent unto you the present being of things , not gathered from any whispers , or rumors , which like broken glasses , offer a visage scattered into many peeces , and not to be collected into one . but out of the ground and maxims of the parties themselves , which give us the best light , both of what wee may thinke of the present , and thinke for the future . the kings party , which before these times was visibly overspread the face of the kingdome , and since the tumults were so formidable , that occasioned that unfortunate and costly counsell of calling in the scots , ( who neverthelesse were of very small action , saving that their reputation plucked up the spirits of the parliamentarians , and stopped newcastles progresse southward ) and brought over that profitable peece of tyranny , the excise . but the parliament fed by the city of london , ( which was unexhaustible , and contribution moneys fayling the king , and the countreys though excessively poll'd , not able to supply him ) the former party began to overweigh , and with their many victories confirmed these two sage maxims , that it is the safest way in a civill war to be seized of the metropolis : and the other , that people are never so forward , nor so daring , as to preserve or regaine their liberties . this party being quelled , ( and in it the bravest of the nobility and gentry brought on their knees ) the governement of the kingdome removed from white-hall to westminster , and from the privy counsell to the great counsell . now began the whole frame of state to bee taken in peeces : but it is easie for a childe to discompose a watch , but tantu●s non impossible to set it right againe . those offices which had meere dependance upon the prerogative , to be either deaded or layd asleepe , and all such as might advance popular liberty and ease revived , the ancient and happy government of justices of peace in their severall counties in a manner forgotten , and committees raised of men of contemptible condition , and till that time scarcely knowne . for the flower of the gentry having engaged in the other party , which was now so shattered , the parliament pretended there was not much security in their trust , who with sequestrators ( a vermine which might well make an eleventh plague in aegypt ) so handsomely behaved themselves , that under the pretence of the publicke , more scraped together visible estates , to the ruine of many fine families , it cannot be denied , but the sufferings of some of them before for the cause had beene high and exemplary . but when they were once to weile some power , their armes were too weake , and they strucke at randome , many times point blanke against law . for having beene men for the most part nuzzeled up under some non-conformist ministers , and by them a little enslaved in their consciences , they made little scruple of any thing that was in pursuance of so good a worke , especially back't with an ordinance of parliament , though flat against the reason and letter of the law . nay with such violence proceeded they , that some men out of bare suspicion , were outed of their livelihoods , and put to compound . but why doe i talke to you whose person and family have suffered so much by them , that i fear me 't will be a worke of difficulty to make you heare that which rationally might be said in their excuse . but the greatest alteration of all was , that though in the state we had some provision , yet for the church wee did like that foolish gentleman , who pull'd downe his house with an intent to repayre it , before he had another to put his head in , and this was that which left us open to so many stormes : for the parliament had some months before , first taking away the lordships , and then the dignities of bishops , with all their &c. called a synod , which being not generally chosen , but onely named by particuler members , was made up of a great many of none of the wisest clerks : men they were , who by their constant preaching in the dayes of the bishops , and withall some petty suffering , had gained the high esteeme of their electours , ( who never considered how weake and unfit they were for controversie , the chiefe end that brought them together . ) these being once warme set , and creeping into the fattest places that were left , most unhappily began a new modell of ecclesiasticall policy , which hath been a second cause of reviving our differences . a government it was which rather necessity then serious cause has brought upon some scattered churches abroad , who by reason of their dispersednesse and poverty , were never so wise as to know how incompatible it is with civill government . publique toleration it had only gotten in scotland ; but with what stirre it was attended in that kingdome , is not the present talke of this pen to declare ; but surely from the scotch coppy wee wrought out ours , the authors of it some doing out of episcopacy , some out of a desire of the thing it selfe , and some out of novelty . the houses seemed to countenance it , rather to settle mens mindes for the present , then any way leave such a burthen to posterity . but the king utterly disfavoured it , and there wanted not ministers of his party that were ready to shew the novelty and basefulnesse of that government to the full . nay to parallell it with episcopacy , taken in the worst sense , and to shew that a few years would render it more odious than the other had been in many centuries . but this rather confirmed those whom it found averse from it , then made any so . that which gave it the greatest streake was this ; five of the assembly who out of a panicke feare of the prelacy had slipped beyond se●s , had gathered together private congregations , and out of their liberality lived in such a height of pride and luxury , that that of the poet might be applied to them . exul ab octava marius bibit & fruitur diis iratis . these refusing to be cast in that mould , published a little booke called the apology , which was licenced by herle the chaireman , who by this justly incurred the odium of some of his hotter brethren , who disdained that hee should be successor to dr. twisse in that place . the booke was modestly penned , ( though herle himselfe confessed to me he modified many expressions ) and shewed what course they had taken in their transmarine churches , and from thence they rather wished a congregationall then parochiall way . this congregationall way never thought on till within a few yeeres , being free and leaving a scope to mens consciences , was much entertained by many sectaries ; nay some who carried only the characters of pious and orthodox , and some under the colour of it broached opinions which were as new as the government . this occasioned the detestable mr. edwards with a great deale of waspish and violent rancour to write his gangrena ; questionlesse this booke did a great deale of harme , for being full of falsities , and almost monkish forgeries did engage many to a justification , who it may be would otherwise after the first eventitation of their fancies have sate still . sir thomas fairefax his army was much composed of people , who were of the independent ( as they call it ) way , these muttered at this booke , and some proceedings of the same nature , insomuch , that the presbyterian party , which by some countenance of the state grew haughty , sought to oppose them , and in pursuance of it , wrought so farre upon the consciences of the aldermen and common-counsell ( men verst in little else but their trades , and utterly ignorant of state affaires ) though the greatnesse of their city sometimes engaged them , that they petitioned the parliament to disband the army , and to send the voluntiers out of it into ireland , under field-marshall skippon . the army repined at this , alledging that they who had served the state , with such fidelity and successe , ought not now to be slighted : this delaid their disbanding , and in the end caused them utterly to refuse it . now had the independents a visible party , and the best way to make it good , was either to close with the royallists , or else carry it by votes . to the former purpose , they seized of the king at holdenby by cornet joyce , who had beene taylor to mr. hollis , entertained him with a great deale of freedome , and gave countenance and hope to his party : to carry on the latter , they impeached eleaven members , of the choisest and wisest of the other party , the rather to take away their votes , then for any guilt of the men . others of the same party in the house seeing things so carryed , deserted it , and left the dominion of votes to them that staied . but the discountenanced parties were not idle all this while , but wrought so upon the city , that there was of a suddaine a great party petitioned the house for the recalling of the king , and entring in league for the pursuance , the house voted these mutinies treason . but they assuming courage , came in a rout to the house , and denyed egresse , till that the disposall of the militia was revoked , which the house pusillanimously obeyed . the king all the while carryed himselfe with patience , and his party are resolved to suffer as well as they have acted with their master . thus you have it historically , take politically these generall maxims . 1. it is a great argument of weaknesse in a state , when parties subdivide into such fractions , and every small party able to uphold it selfe and become terrible , while the greatest party is unable to move . 2. violent alterations , and taking away of one government , before they be certaine of another , are extreame dangerous , as also , 3. to suffer clergy-men to gaine upon the conscience too much in matters indifferent , for they are a race of people , who though they least ought , have ever the basest ends of their owne : and this their offending against knowledge is questionlesse the justice of providence , that they ran into contempt . 4. 't is dangerous to let the head city of a kingdome to grow so potent , for it will insensibly bring the rest under the slavery of a few prentises or mechanickes . 5. that the government of one comming into the hands of many , who are unskilfull pilots , is to be wished againe , though accompanied with some inconveniences . 6. men in a new government , had need be carefull who they employ , for the odium of their government falls upon them . 7. they neede to presse the people as little as they can , but if extremity force it , to satisfie them by faire accounts , and not lavish it upon one another by largesses . 8 not to bring themselves into contemptible want , nor bring their thumbes under the girdles of their creditors . 9 it is no great policy to give heterodox opinions life by opposition , nor to draw on the hate of a victorious army . for particular maxims : 1 it is not conceivable the king will favour any party , but that which cometh honest to his principles . 2 that party that does it , is not only sure of immunity , but reward . 3 that sir thomas fairefax hath missed a good opportunity to doe it , and the distrust of the royalists will henceforth render him uncapable . 4 if he had not gaind the major number of votes , he had questionlesse done it . 5 this new party of london , it s to be feared , have too much of the presbytery to be true to the prerogative . 6 that if things had beene carried by the parliaments party with moderation , things had beene in a calmer condition then now . 7 the kings party have had some faylings , and so have the parliaments , but this is the first of the city , if it bee not favoured with successe , which cannot in much reason bee promised it . 8 that edwards and burges and some of the hotter spirited men deserve punishment as incendiaries . 9 that the presbyteriall government is incompatible with our civill government . 10 that regard to tender consciences , is as necessary as a generall consideration would be inconvenient . 11 that most of the kingdome seeme to breath after a moderate episcopacy . 12 that the king seemes to have this advantage by all his troubles , that he hath shewed to the world the incomparable excellencies that are in him , and extorted a confession even from his enemies . 13 that the queene taking her at the worst morally , as faithfull to her husband , and industrious in carrying on her designes , is the best in all the catalogue . 14. that learning hath incomparably sufferred by these times , and t were good to cherish it lest the next age feele a decay . 15. that it were a good way to mollifie peoples minds to suffer play-houses againe , and that it would be a considerable addition to the education of the gentry . 16. that it is a brave and a gallant way to peace , to extinguish the names of parties , and not to discountenance malignants . that all branches may at last be recollected in the same boate . thus sir have i with as much faith and simplicity as i can opened unto you my thoughts . i am the least of men , and man indeed can see little , what he sees behinde is from histories , and these either maimed or false ; what for the present , either by his owne observation , or partial intelligence , but for the future he hath no helpe , but the comparison of what is past ; 't is gods great prerogative , and fit for only such busie pieces of ignorance as lily to prie into . things may as soone alter , as you can burne this paper , which kisses your hands from , your affectionate humble servitour . n. ll. to the most honourable and high court of parliament the humble petition of the gentlemen, and other of the inhabitants of the county of cornwall. humble petition of the gentlemen, and other of the inhabitants of the county of cornwall i. b. this text is an enriched version of the tcp digital transcription a78178 of text r210281 in the english short title catalog (thomason 669.f.4[64] 669.f.4[70]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a78178 wing b87 thomason 669.f.4[64] thomason 669.f.4[70] estc r210281 99869093 99869093 160692 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78178) transcribed from: (early english books online ; image set 160692) images scanned from microfilm: (thomason tracts ; 245:669f4[64] or 245:669f4[70]) to the most honourable and high court of parliament the humble petition of the gentlemen, and other of the inhabitants of the county of cornwall. humble petition of the gentlemen, and other of the inhabitants of the county of cornwall i. b. 1 sheet ([1] p.) published by i.b. gent., [london] : [1642] place of publication from wing. reproductions of the originals in the british library. eng england and wales. -parliament -early works to 1800. church of england -bishops -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a78178 r210281 (thomason 669.f.4[64] 669.f.4[70]). civilwar no to the most honourable and high court of parliament: the humble petition of the gentlemen, and other of the inhabitants of the county of co i. b. 1642 788 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-07 tcp assigned for keying and markup 2008-09 spi global keyed and coded from proquest page images 2008-11 mona logarbo sampled and proofread 2008-11 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion to the most honovrable and high court of parliament . the humble petition of the gentlemen , and other of the inhabitants of the county of cornwall . having seene and heard the many ( though scarce divers ) petitions to this honourable assembly by the inhabitants of divers , counties and cities of this land , as also corporations , companies , and trades , some against bishops , some against the common prayer , and all against such judiciall , and things super-elementary to the region of their capacity of judging , and matters only belonging to the judicature of this grave synod , which seemes either to distrust , or direct , or both , your great wisedomes ; we therefore the gentlemen and other the inhabitants of cornwall , with as many hearts , though not hands , with as many good wils , though not persons , not in imitation , but rather by provocation and necessity , in these times , to shew our good minded affections , doe humbly prostrate the utmost of our service to your feet . in which ( or rather after which ) we take leave humbly to beg , that you will be pleased to bend your auxiliary and good affections to the redresse of the distresse of the miserable protestants in ireland . to gaine whose good , prosperity , peace , and tranquility , to preserve the soveraignty of that land to our royall king , and to maintaine his and this kingdomes honour , we shall willingly lay downe our lives and fortunes . that you will be pleased to continue your great respect , dutifull love , and true obedience , to our royall soveraigne , by maintaining his just , and no way antilegall prerogative . that you will be pleased to put the lawes in due execution against all iesuites , seminaries , papists and recusants . that you will be pleased to looke upon the other side , and duely weighing the actions ( or rather factions ) of some , ( whom most men call citizens ) to scourge their irregular and disorderly schisme and hereticall sects , into right paths of serving god , to frequent his house , and to pray as well as heare , to allow order , and obey conformity , to reverence learning , and bow to authority , to be under a discipline , and live in order . that you will be pleased to maintaine and establish the ancient fundamentall and most venerable lawes , order and discipline , both of our church and common-wealth , to continue the reverenc'd office , and punish the offending persons of bishops , to have in high account , and eternize ( as farre as in you lyes ) the divine and excellent forme of common-prayer , to correct brain-forg'd doctrine , by your exemplary precepts strike a reverence of gods house into every mans breast . that you will be pleased to intimate to the people your honourable and wise intentions concerning divine service , lest while you hold your peace , some rejecting it in part , others altogether , they vainly conceive you countenance them . lastly , ( not to trouble your great affaires any longer ) that you will be pleased to take into your sage consideration , those scandalous and ill-affected pamphlets , which flye abroad in such swarmes , as are able to cloud the pure ayre of truth , and present a darke ignorance to those who have not the two wings of iustice and knowledge to fly above them . now to polish this our worke with a smooth demonstration of our modest intents , that the tinctures which in introduction fell on the fore mentioned presents may slide without a staine from this ; we doe in all humility declare , that neither distrust of your intentions , nor opinion of any of our counsels worthy your eares ever tainted our thoughts , but that we have still been , and are confident , that this most wise synod hath ever thought fit , resolv'd , and will confirme into action , what we now humbly request , therefore this our present , not so much a petition , as a prayer of willing and thankfull hearts for the hop'd sequell , is onely to shew our true intentions and good will towards his gracious majestie , and this high court , as instruments of the peace of our soules and bodies , for which wee are unanimously , and immutably resolv'd to spend our dearest blood . published by i.b. gent. sir john evelyn his report from the committee appointed to consider of the printing of the lord digbyes speech concerning the bill of attainder of the earl of strafford whereunto is added the order for the burning of the said speech. evelyn, john, sir, 1591-1664. this text is an enriched version of the tcp digital transcription a38783 of text r593 in the english short title catalog (wing e3479). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a38783 wing e3479 estc r593 12768805 ocm 12768805 93628 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a38783) transcribed from: (early english books online ; image set 93628) images scanned from microfilm: (early english books, 1641-1700 ; 254:e163, no 6) sir john evelyn his report from the committee appointed to consider of the printing of the lord digbyes speech concerning the bill of attainder of the earl of strafford whereunto is added the order for the burning of the said speech. evelyn, john, sir, 1591-1664. 6 p. s.n.] [london? : 1641. reproduction of original in thomason collection, british library. eng bristol, george digby, -earl of, 1612-1677. -lord digbies speech in the house of commons, to the bill of attainder. strafford, thomas wentworth, -earl of, 1593-1641. england and wales. -parliament. -house of commons. a38783 r593 (wing e3479). civilwar no sir john evelyn his report from the committee, appointed to consider of the printing of the lord digbyes speech concerning the bill of attai evelyn, john, sir 1641 870 5 0 0 0 0 0 57 d the rate of 57 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2000-00 tcp assigned for keying and markup 2001-09 spi global keyed and coded from proquest page images 2002-06 kirk davis sampled and proofread 2002-06 kirk davis text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion sir iohn evelyn his report from the committee , appointed to consider of the printing of the lord digbyes speech concerning the bill of attainder of the earl of strafford . whereunto is added the order for the burning of the said speech . printed , anno 1641. die martis . 13. iulij . 1641. resolved upon the question . that the matter of my lord digbyes speech shall be first taken into consideration . resolved , &c. that the lord digbyes speech spoken at the passing of the bill of attainder of the earl of strafford , containeth in it matters untrue , and scandalous , as they have referrence to the proceedings of the committees of the lords house , and to the committes of this house , and to the evidence of the witnesses produced in that cause . resolved , &c. that the publishing of that speech by the lord digby , after a vote past in this house , upon the said bill , and offence taken to it , and the same questioned in the house , is scandalous to the proceeding of this house , and a crime . resolved , &c. that the publishing and printing of the speech spoke by the lord digby , at the passing the bill of attainder of the earl of strafford , is scandalous to the proceeding of his majesty , and both houses of parliament . resolved , &c. that sir lewis dive , and iohn moore , are both delinquents in the publishing , and printing of the said speech of the lord digbyes . resolved , &c. that thomas purslow , the printer of the said speech is a delinquent in printing of it . resolved , &c. that this book thus printed , deserveth the brand of this house , and shall be burnt publikely by the hands of the common hangman . resolved , &c. that those books shall be burnt on friday next , some in the new pallace at westminster , some in cheap-side , and some in smithfield . and order to this purpose are to be sent to the bail●ff of westminster , the sheriffs of london , and m●ddl●sex , respectively to see them burnt accordingly , and the stationers , and all others are required to bring in the books , that they m●y be all burnt . resolved , &c. that a committee shall be appointed to prepare these votes that concern the lord 〈◊〉 , to be transmitted to the lords , and to present them so prepared , to this house . die martis 13th . julij , 1641. whereas on the one and twentieth of aprill last past , there was a speech spoken in the house of commons , at the passing of the bill of attainder , against thomas earle of strafford , by the lord digby , then a member of the said house : the which speech contained in it matters untrue , and scandalous , as they have reference to the proceedings of the committees of the lords house , and this , and to the evidence of the witnesses produced in that cause . and wheras the said speech was published by the lord digby , after that the said bill of attainder was past by vote in this house ; and after that , great offence was taken to the said speech , and the same questioned in this house , to the scandall of the proceedings in this house ; and is since come forth in print , to the scandall of the proceedings of his majestie and both houses of parliament . it is therefore this day ordered by the said house that all the sayd books so printed , shall be publikely burnt on friday next at ten of the clock in the morning ; part of them in the new pallace yard at we●●minster , and the other part of them in chea●side , and the rest in 〈◊〉 , by the hands of the common hangman . and to this purpose the bailiffs of westminster , the sheriffes of london and middlesex , respectively are hereby required , to be assistant to the effectuall execution of this order , and see the sayd books burnt accordingly . and it is also ordered by the said house , that the master and wardens of the company of stationers do their uttermost endeavours to collect all the said books into their hands , remaining now dispersed amongst their companie , or with others , and forthwith deliver them to one of the sheriffs of london to be burnt , according to this order . and all others who have any of the said books in their hands , are hereby required forthwith to deliver them to one of the sheriffs of london , or bailiff of westminster ( as they will undergo the displeasure of this house in doing the contrary ) for to be burnt according to this order . h. elsyng cler. dominus com. finis . the six distinguishing characters of a parliament-man address'd to the good people of england. defoe, daniel, 1661?-1731. 1700 approx. 26 kb of xml-encoded text transcribed from 14 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a37439 wing d846 estc r17561 12012228 ocm 12012228 52436 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a37439) transcribed from: (early english books online ; image set 52436) images scanned from microfilm: (early english books, 1641-1700 ; 64:1) the six distinguishing characters of a parliament-man address'd to the good people of england. defoe, daniel, 1661?-1731. [4], 23 p. [s.n.], london : 1700. attributed to daniel defoe. cf. bm. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. national characteristics, english. 2005-12 tcp assigned for keying and markup 2006-04 spi global keyed and coded from proquest page images 2006-06 mona logarbo sampled and proofread 2006-06 mona logarbo text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion the six distinguishing characters of a parliament-man . the six distinguishing characters of a parliament-man . address'd to the good people of england . and that in respect of some matters of the highest importance to this our kingdom , we do intend to give directions for the calling a new parliament , which shall begin , and be holden at westminster , on thursday the sixth day of february next . vide proclamation . london : printed in the year mdcc . the six distinguishing characters of a parliament-man . good people of england , the disuse , or distrust of parliaments in the four last reigns , was the nation 's general grievance ; and 't was but lately that parliaments were consulted in the matters of highest importance to the kingdoms . this was the destruction of that mutual confidence between king and people , which is so essential to the prosperity of a nation . parliaments were call'd together , a long speech , and great pretences for money open'd the session ; and as soon as the end was answer'd , they were sent home about their business . if they began to show their resentments , and appear sensible of their being impos'd upon , if they began to search into the intriegues of the court , if they began to question favourites , and ministers , they were equally certain of being dismiss'd . now to show us what kind of a nation we are ( that according to the old character of an englishman ) can never tell when we are well , providence has chang'd the scene . former kings have been addressed by their parliament to make war against the french , and money given by millions to carry it on , and have had their money spent , and no war cou'd be had . now we have a king that has fought our battels in person , and willingly run thro' all the hazards of a bloody war , and has been oblig'd to use all the perswasions possible to bring us to support him in it . former kings wou'd stand still , and see the french over-run flanders , and ruin our protestant neighbours , tho' the parliament & people have intreated them to assist them , and save flanders from the falling into the hands of the french. now we have a king , who solicites the people to enable him to preserve flanders from falling into the hands of the french , and to stand by and assist our protestant neighbours . and we on the contrary are willing to see the french and popish powers , unite and possess flanders , and every thing else , and glad the dutch are in danger to be ruin'd ; nay , so willing we are to have the states general destroy'd , that damn the dutch , is become a proverb among us . formerly we had kings who raised armies in times of peace , and maintain'd them on sham pretences of a war never design'd , and received aids from the parliament three times for the disbanding one army , and having spent the money , left the parliament to do it themselves . now we have a king who against his judgment , and , as it now appears , against the nation 's interest , consented to disband the army at the first word from his parliament , tho' he left all the most powerful of our neighbours with their forces in full pay , formerly we had kings who did what they pleas'd , now we have a king who lets us do what we please . and yet englishmen are not contented , but , as it were with our saviour , when our kings come eating and drinking , they cry , behold a glutton and a drunkard ; and now they have a king that comes neither eating or drinking , they cry out , he has a d — l. 't is a vain thing to pretend to open the eyes of the english nation , but by their own immediate danger , any body might ha' known in former times what the issue of a popish successor would ha' been , and some wiser than others told the people of it , and were rewarded with the ax and the halter for their news . but when that popish successor came to the crown , and had reduced the liberties and religion of the nation to the last gasp , then those very people , who cou'd not see their danger at a distance , took a fright when it was upon them , and what was the consequence ? nothing but all the blood and treasure of this last war. had the nation seen with the same eyes as the late lord russel , earl of essex , and the oxford parliament , did see , could they have been convinc'd by argument that it was inconsistent with the constitution of this protestant kingdom to be govern'd by a popish prince . cou'd the b — ps , who threw out that bill , have known that a popish king wou'd erect a high ecclesiastick commission court , and send them to the tower for refusing him a power to dispence with the laws , this war had been prevented , and the blood of 300000 english protestants , who have perished in it , had been sav'd , all the ships our merchants have lost to the french , had been safe , and the many millions of money , which have been spent , had been in our pockets ; all this is owing to the blindness of that age , who cou'd not see the danger of the nation , till it was just upon them . now , gentlemen , this is to give you notice , that the nation is in more danger at this time from abroad , than ever it was then in at home . the king in his proclamation for the calling a parliament , has done two things which no king his predecessor ever did in our age. first , he has told us that he has such a confidence in his people , that he is very desirous to meet them , and have their advice in parliament . secondly , he tells us , that what he will advise with them about are matters of the highest importance to the kingdom . matters of the highest importance to a kingdom must relate to some of these things , peace and war , the safety of religion , liberty and trade ; at least it will be allow'd that these are matters of the highest importance to the kingdom . now , tho' i shall not adventure to explain his majesty's meaning , yet i may be allow'd to build the following discourse on the supposition of this explication : and venture to suppose his majesty had said , that the danger the protestant religion seems to be in from the formidable appearance of the french power , and the danger our trade is in from the succession of spain devolving to the house of bourbon , and the danger of a new flame of war breaking out upon our confederated neighbours , whom our interest , as well as leagues and alliances , oblige us to assist ; all these things being matters of the highest importance to the kingdom , he has resolv'd to call a new parliament , to advise with them about these important things . and because the circumstances of affairs are such , as may bring us under a necessity of armies , which people are so mightily afraid of ; and that the condition the breach of our army has left us in has been such , that if another shou'd be wanting to defend us , 't is a question where it cou'd be rais'd . wherefore our proper defence , may be one of the important things , for ought we know , about which they are to advise . and because the debate of an army is a tender nice point , i shall explain my self ; i do not mean that a standing army shou'd have been kept up in england in time of peace , but , i say , it had been better for england and all europe that we had not disarm'd our selves so soon ; and if we had disarm'd , that we had not so entirely done it all at once ; whereby we rendred our selves so despicable , that the french king has had an opportunity to affront the whole confederacy , in renouncing a league ratify'd and exchang'd , and taking possession of a crown for his grandson , on the new invented title of a last will and testament . this he wou'd not have adventur'd to ha' done , had the english been in a capacity to have possess'd flanders , and to have appear'd at sea , to have protected the princes of italy in their adherence to the emperor . but the english having reduc'd themselves to such a condition , that whenever the french , or any body else please to quarrel with us , we must be a considerable while before we can be in a posture to act offensively , and the french having so insulted us in the affair of spain , that it will stand as an effectual proof , whether we are in a capacity to resent an affront or no ; his majesty , who , when in a much lower station , did not use to suffer himself to be so treated , has thought fit to advise with the english parliament in the case . by advising with the parliament , i understand , informing them of the state of affairs , telling them his own opinion , and asking theirs , proposing the measures he thinks fit to take , and desiring their opinion of the matter , and if they agree with him in the measures which are to be taken , then to propose their making provision in a parliamentary way , for enabling him to prosecute such measures as they agree to . for to debate and consider matters of so much consequence , the king has directed writs for the calling a new parliament , to meet at westminster the sixth of february next . since then the matter is referr'd to the people of england , and they are to chuse representatives for so great a work , as to advise with a protestant king about things of the highest importance to the kingdom , give a stander-by leave , gentlemen , to offer something to the people of england , by way of advice or direction , in the great affair they have before them , and if it be with more freedom than is usual , bear with him for once , because 't is about matters of the highest importance . the usual advices given in like cases , formerly ( when the elections of members were so corrupted , that indeed advice was necessary , tho' hopeless ) use to be , to chuse men that had estates , and men of honesty , men that had interests in the freehold , and in the corporations , and that wou'd not give away their liberties , and the advice was good : and had the country taken that advice , the p — wou'd not ha' been huff'd by king james into a tacit permission both of a standing army at home , and the dispensing the popish officers continuing in commission without taking the test . but my advice must differ from , tho' it must include part , of the forementioned particulars ; and therefore while i am directing these sheets to the freeholders of england , i beg them to consider in their choice of parliament-men , that there may be men of estates , and men of honour in the countries , who by some circumstances may not be proper to serve in this parliament , because by prejudice or private principles their judgment may be pre-engaged to the disadvantage of the nation 's interest ; and since there are such , 't is necessary , gentlemen , to caution you , first , that you be well assur'd the gentlemen you shall chuse are throughly engag'd with the present circumstances of the nation , and thoroughly satisfied with the present establishment of the government ; as papists are justly excluded by law from coming to parliament , because it cannot be expected that a roman catholick can be a proper person to consult about the interest of a protestant kingdom , so it cannot be rational that he who is a declar'd friend to king james or his interest , can be a proper person to advise with king william about matters of the highest importance to the kingdom ; it cannot be rational , that he who wou'd be willing to have this nation return to her obedience to a popish king , can be a proper person to be consulted with in parliament about securing and defending the protestant religion ; this were to pull down what we intend to build , and wou'd be as proper a way to help us , as a french army maintain'd in england , wou'd be proper to defend us against lewis the xiv . those men that drink healths to king james , and wish him all manner of prosperity , are they fit men to represent a protestant nation , and to advise a protestant prince for the security of the protestant religion ? wherefore , gentlemen , for god sake , and for your own sakes , take heed , and set a mark on such men ; if you chuse men disaffected to the present settlement of the nation , friends to the late king , or to his interest , you may be certain , such men will pull back the nation 's deliverance , and hinder , not further that unanimity of councils , which is so much more needful now than ever , can the friends to a popish prince be fit to represent a protestant people , i have nothing to say to those we call jacobites , tho' i wonder any can be such , and yet be protestants ; but as to their persons i say nothing to them , no , nor to the papists , provided they keep the peace , but to single such out to serve the nation in a protestant parliament , and to advise with king william in matters of the highest importance , this is a thing so preposterous , is such a contradiction , that i know not what to say to it ; 't is like going to the devil with a case of conscience . even our adversaries cannot but laugh at the folly of the english nation , that they shou'd chuse their enemies to be their councellors , and think to establish king william , by king james's friends , nothing can sooner compleat the ruin of the kingdom , than to fill the house of commons with jacobite members , who will be sure to forward any thing that tends to division , in order to hinder the nations happiness , wherefore tho' i might imagine such advice to be needless , i must insist upon it , that you will avoid such men as either have discover'd a disaffection to king william , and the present settlement of the nation , or that have been upheld by that party . in the next place , gentlemen , let your eyes be upon men of religion ; chuse no atheists , socinians , hereticks , asgillites , and blasphemers . had the original of the late war been under the reign of such a body of men , england might have made a will , and given her crown to the duke d' berry , as spain has to the duke d' anjou , and have sought protection from the french. the danger of religion calls for men of religion to consult about it ; you can never expect that atheists , socinians , or asgillites , will have any tenderness upon their minds for the protestant religion ; jacobites will as soon support king william , as atheists will preserve the protestant religion ; what concern can they have upon their minds for the protestant religion , who really are of no religion at all ? they 'll think it hard to raise any money for the preservation of religion , who fancy all religion to be a trick , and the cheat of the clergy ; they can never think the danger of the protestant religion to signifie much , who wou'd not give a shilling to secure it ; and they will never give a shilling to secure it , who believe nothing of the matter ; besides this , what goods laws ? what reformation of manners ? what wholesome orders for the morality of conversation can we expect from men of no religion ? of all things therefore the members you chuse shou'd be men of religion , men of orthodox principles , and moral in practice , and that more especially now , because the security of religion not only here , but over the whole world , may lye before them , and have a great dependance upon their councils . 3. men of sence ; the house of commons is not a place for fools ; the great affairs of the state , the welfare of the kingdom , the publick safety , the religion , liberties , and trade , the wealth and honour of the nation , are not things to be debated by green heads ; the saying we have , that the house of commons is a school for states-men , is an error , in my opinion they shou'd be all well taught , and thoroughly learn'd in matters of the highest moment before they come there . there has always been a sort of gentlemen in the h — se who use to be called the dead weight , who pass their votes in the house as the poor ignorant freeholders in the country do , just as their landlord , or the justice , or the parson directs ; so these gentlemen understanding very little of the matter , give their vote just as sir such a one do's , let it be how it will , or just follow such a party , without judging of the matter . pray gentlemen , if we are ruin'd , and the protestant religion must sink in the world , let us do our best to save it ; don't let us have cause to say , we sent a parcel of fools about the business that fell into heats and parties , and spent their time to no purpose , for want of knowing better . of all employments a fool is the most unfit for a parliament man , for there is no manner of business for him ; he is capable of saying neither ay , nor no , but as he is lead . i desire to be understood here what i mean by a fool , not a natural , an idiot , a ben in the minories , a born fool , no , nor a silly , stupid , downright blockheaded fool : but men are fools or wise-men , comparatively considered with respect to their several capacities , and their several employments ; as he may be a fool of a parson who is a very ingenious artificer ; a fool of a clockmaker , and yet be a very good sailor ; so a gentleman may be a good horse-racer , a good sports-man , a good swords-man , and yet be a fool of a parliament-man , therefore so i am to be understood . that he who is capable to serve his country as a representive in parliament , ought to be a man of sence , that is , a man of a general knowledge , and receptive of the general notions of things , acquainted with the true interest of his native country , and the general state of it , as to trade , liberties , laws , and common circumstances , and especially of that part of it for which he serves ; he ought to know how to deliver his mind with freedom and boldness , and pertinent to the case ; and he ought to be able to distinguish between the different circumstances of things , to know when their liberties are encroached upon , and to defend them , and to know how to value a prince who is faithful to the liberty and interest of his country , and to distinguish such a one from those who have made it their business to oppress and invade the liberties and properties of the people , and betray them and their interest to popish and bloody enemies . 4. men of years ; tho' 't is confess'd wisdom makes a young man old , yet the house of commons is not a house for boys ; we have seen too many young men in the house , and rash councils are generally the effect of young heads . fools and boys wou'd do less harm in the house , and grow wiser by being there , were they but allow'd to sit , and not give their votes ; but while a boy may do as much mischief as a man , and a fool as a man of sence , 't is hard the material points of the nation 's happiness shou'd be committed either to young or weak heads . the grandeur of the present french monarchy is not unjustly ascrib'd to the extraordinary men , who are of the king's council . the parliament of england is the great council of the nation , and on their resolutions depends the prosperity both of king and people . now if these councils are committed to young heads , the proceedings will be suitable ; as he that sends a fool with a message must expect a foolish answer ; so he that sends a boy to market , expects to make a child's bargain . 5. men of honesty . it was formerly said , chuse men of estates ; the reason was , that they might not be tempted by places and pensions from the court , to sell the nation 's liberties ; and indeed the caution was good ; but , gentlemen , the case is alter'd , the court and the nation 's interest are now all of a side , which they were not then , nor indeed never were since queen elizabeth . the king desires we shou'd do nothing but what is for the security and prosperity of religion , and the glory of the nation ; the caution about estates can do no harm , but a man's estate does not qualifie him at all to judge of the necessity of giving . the article of estate was only suppos'd to make a man cautious what he gave , because he was to pay the more of it himself . now let a man have but sence to know when there is a necessity to give , and that sence back'd with honesty , if he has not one groat estate , he will be as cautious of giving away the nation 's money , as he would be of his own : to desire men should have estates , that their interest shou'd make them shy , and backward to give money , supposes at the same time they shou'd want both sence and honesty . sence , that they cou'd not value the nation 's money , unless they were to pay part of it themselves ; and honesty , that they wou'd not take as much care of giving away the nation 's money as their own . wherefore do but chuse men of honesty , and i do not lay so great a stress upon a man's estate . if there was any body to bribe them , something might be said , but that trade is over , ( god be thank'd ) king william has no need for it , and king james cann't afford it , and so that fear ceases . the last character i shall recommend for your choice is , let them be men of morals . rakes and beaus are no more fit to sit in the house of commons , than fools and knaves . 't is hard we should put the work of reformation into the hands of such , whose own conversation is vicious and scandalous . a drunken parson is a very improper agent to reform a parish , a lewd swearing justice is not likely to reform the country , no more is a vitious immoral parliament likely to reform a nation . reformation of manners is an article of the highest importance to the kingdom ; the king has recommended it to every parliament , and yet we find it very much retarded ; it goes on so heavily , that the proceedings are hardly visible ; and till you have a reform'd parliament , you cannot expect a parliament of reformers . unless our members are men of morals , we must expect very few laws against immorality ; and if there shou'd such clean things come out of an unclean , it wou'd be all hetrodox , and unnatural ; t wou'd be like a monstrous birth , the parent wou'd be afraid of it , and it wou'd be asham'd of its parent . besides , how can ye expect that god shou'd accept of the offering dedicated by impure hands ? the work can never be suppos'd to prosper while the undertakers plead for god , and at the same time sacrifice to the devil . 't is true , that god oftentimes works by unlikely instruments , but 't is not often that he works by contraries ; jehu was made use of to bring to pass the ruin god had foretold to the family of ahab , but 't was a josiah and a jehosaphat , for whom god reserv'd the work of reformation , and the destruction of idolatry . but allow that god may make use of improper methods , and unlikely instruments when he pleases to bring to pass what his providence has design'd , yet we are not to confine him to show his power , and oblige him to make use of such instruments , as he can have no pleasure in , least he shou'd think fit to refuse his blessing , and make the work abortive , or at least delay his concurrence to the work of our reformation , till we shall think fit to chuse such persons for the carrying it on , as are fit to be employed in so great a work. finis . the hellish parliament being a counter-parliament to this in england, containing the demonstrative speeches and statutes of that court together with the perfect league made between the two hellish factions the papists and the brownists. taylor, john, 1580-1653. this text is an enriched version of the tcp digital transcription a64172 of text r6305 in the english short title catalog (wing t465). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 9 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a64172 wing t465 estc r6305 12800055 ocm 12800055 94036 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a64172) transcribed from: (early english books online ; image set 94036) images scanned from microfilm: (early english books, 1641-1700 ; 255:e168, no 6) the hellish parliament being a counter-parliament to this in england, containing the demonstrative speeches and statutes of that court together with the perfect league made between the two hellish factions the papists and the brownists. taylor, john, 1580-1653. [2], 6 p. s.n.] [london? : 1641. attributed to john taylor. cf. bm. illustrated t.p. reproduction of original in thomason collection, british library. eng england and wales. -parliament. great britain -history -charles i, 1625-1649 -sources. a64172 r6305 (wing t465). civilwar no the hellish parliament being a counter-parliament to this in england, containing the demonstrative speeches and statutes of that court. toge taylor, john 1641 1473 3 0 0 0 0 0 20 c the rate of 20 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2000-00 tcp assigned for keying and markup 2001-09 apex covantage keyed and coded from proquest page images 2001-11 tcp staff (michigan) sampled and proofread 2001-11 tcp staff (michigan) text and markup reviewed and edited 2001-12 pfs batch review (qc) and xml conversion the hellish parliament being a counter-parliament to this in england , containing the demonstrative speeches and statutes of that court . together with the perfect league made between the two hellish factions the papists and the brownists . printed in the yeare , 1641. the hellish parliament . his infernall majesty taking into his hellish consideration the great happinesse that now is towards england , and searing that his deare children , as well those of the romish faction , as of the brownists sect should have a terrible fall and their erroneous and seditious practises should be laid open : hee resolved ( if possible he could , to trouble the felicious proceedings of the parliament , and to that end having long consulted with the subtle iudges of his infernall empire , hee purposed to summon a counter parliament against that in england , and gave order that the most prudent politicke and impious sectaries within the bound of his dominions should bee assembled to debate propound , and propound , concerning divers important and very weightie ●ffaires . his minde was quickly fulfilled in such a manner that hee was overjoyed to see such a 〈…〉 rable company of his very diligentest ser●ants of each faction : therefore his infernalship to make it appeare how much he pleas'd therewithall bestowed on them a speech in this ungracious manner . most dearely beloved and adopted children , it is not unknowne to your hellish ucderstandings what great thunder-claps have falne upon our right trusty and wel-beloved servants the papists in england , by that wonder-working parliament now assembled , i give you now also to understand , that if there be not some speedy course taken , all will be lost ; for as soon as they have done with our deare servants the papists , they will begin with our best beloved sonnes the brownists . therefore ( as it ever hath beene ) so now such is our infernall care of the encrease of our servants , we have assembled this sinfull synod : rub therefore your hellish invention , and couragiously worke , striving who shall be forwardest to our ( i feare ) declining empire . let me heare your counsels , and i promise in all your endeavors you shal have my utmost assistance . then was there a great hubbub betweene the papists and brownists , concerning precedencie of speech ( indeed both are wicked great bawlers ) the papists being the elder faction , thought of right , prioritie of speech belonged to them . but though the brownists were the younger sir iohns , they were his infernalships nursle , most resembling him their father , and his most dearely beloved ; therefore they thought they should speake first , yet at last , after much squabling they yeelded . then silence being commanded , guy faulks was chose speaker for the papists , and after low obeysance made , he thus began ; most infernall emperour , we your obedient sonnes and servants the english romanists are here prostrate before you , and as dutifull servants doe all accord to doe you nocturnall and diurnall service . but ( great emperour ) we cannot choose but lament , when we remember the disastrous chances that have falne upon our forward intentions . you may remember with what heroicke stomackes we have complotted for the enlargement of your infernal empire , as in that fat all yeare , 1588. when with such large summes we negotiated abroad , and at home endeavoured to conquer , for you , that same little angle of the world , england . and in that memorable yeere , 1605. when we had hatcht such a giganticke stratagem , that our bird was almost ready to breake the shell . and now in 1639. when we had made a breach between the english and scottish nations , a more hellish stratagem then which could not be invented . behold then with a serious eye , the grand enterprise of your deare children the romish faction . and ( profound emperour ) doubt not , but as we have heretofore , so we will stirre up all forrain power now at this last cast against the english parliament , and if that faile , flectere si nequeo superos acheronta movebo . thus ended bold guy faulks , and for the brownists , who d'ye thinke was chose ? samuel how , the most famous and renowned cobler , who thus began after he had hum'd his hoarse voyce up . dreadfull emperour , your most zealously affected children the society of separatists or non-conformists alias brownists most humble in al reverend & devoted posture , attend your service , and in the name of the whole dispersed tribe , i your zealous child and clyent , doe pronounce the ardent heat that burns in all our brests to effect your perpetrations , and whereas guy fauks hath extolled with a wide mouth the endevors of the romish faction , as if we ne'r could paralell them , verily ( most potent patron we have exceeded them many wayes ; for the brownists ( so trimly and slily ) have given such rubs and flaves to your enemies reputations , that ( i thinke verily ) they 'l never recover themselves of the wounds that we have given them . true it is being backt with forraine princes , they have undertook great endeavours , but never to any perfection . but we have not feared ( alas unarmed ) to outcry all danger , with what zeale have delivered your commands my selfe in the nags-head taverne neer colemanstreet , some in the fields , some in country villages , every one some-where : had we been furnished with forraine ayde , wee could have done more then ever they would have done . but what neede wee desire other power , since your infernall majesty doth so stiffely maintaine us . and we will requite your love , and will as we use to doe , in the same slye and slanderous and lying way forge and print any libels and untruths for the furtherance of your ignoble empire , and had wee armes to fight withall , wee would sprightfully and spitefully use them . after which arose a second fray betweene either faction , that their parliament house had like to afire , so hot were they at it , and pluto thought verily that hell would have broke loose , but cerberus hath proclaimed silence ; pluto with sterne and angy looke thus spake ; what meanes this noise , what meanes these angry threatnings ? such lookes ye ought to shew mine enemies ; this is not the way to inlarge , but destroy my empire ; contention overthrowes the greatest states ; therefore brethren-like ioyne hands against the common foe . you see how the parliament of england shakes us so much , that if you doe not bestir your selves we shall be quite undone , then they all imbraced mutually ; so , this is well done , hence goodwill doubly redound to us and our , which is your kingdome . then they craved instructions which they said should be as absolute statutes of that their most hellish parliament ; to which pluto most ioyfully accorded . then rhadamanthus presented their hellish worships with these acts following ; 1. that there be a strong and perfect league of friendship betwixt his infernall maiesties servants the papists and brownists . 2. that they should crosse , as much as in them lay , all good proceedings of the english parliament . 3. that the papists should excite forraine potentates against the said kingdome . 4. that the brownists should strow all libels about , especially such as tend to the disgrace of learning , his infernalship being an utter enemy to all sound literature . 5. that the brownists beare up , relieve , and mainetaine all contrivers of such libels , such as knave reviler hell . 6. that iohn taylor the water-poet be declared an open enemy to his infernalship and both the factions . thus wicked satan hath a double way , to worke his ends to hinder his decay , his agents are so many and so wicked bent , they care not for the truth so they 'r not shent if that the lions skin will doe no good , they 'l soone put on the cunning foxes hood , england repent , and for this parliament pray , sith th'devill strives to hurt thee every way . finis . the long parliament tvvice defunct: or, an answer to a seditious pamphlet, intituled, the long parliament revived. wherein the authors undeniable arguments are denied, examined, confuted: and the authority of this present parliament asserted, vindicated. by a zealous yet moderate oppugner of the enemies of his prince and country. this text is an enriched version of the tcp digital transcription a91212 of text r203196 in the english short title catalog (thomason e1053_2). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 81 kb of xml-encoded text transcribed from 25 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91212 wing p4003 thomason e1053_2 estc r203196 99863243 99863243 115433 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91212) transcribed from: (early english books online ; image set 115433) images scanned from microfilm: (thomason tracts ; 156:e1053[2]) the long parliament tvvice defunct: or, an answer to a seditious pamphlet, intituled, the long parliament revived. wherein the authors undeniable arguments are denied, examined, confuted: and the authority of this present parliament asserted, vindicated. by a zealous yet moderate oppugner of the enemies of his prince and country. prynne, william, 1600-1669, attributed name. [8], 40 p. printed for henry brome at the gun in ivy-lane, london : 1660. sometimes attributed to william prynne. "the long parliament revived" is by sir william drake. annotation on thomason copy: "decem 3.". reproduction of the original in the british library. apply to sir william drake: long parliament revived. eng drake, william, -sir. -long parliament revived england and wales. -parliament -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a91212 r203196 (thomason e1053_2). civilwar no the long parliament tvvice defunct: or, an answer to a seditious pamphlet, intituled, the long parliament revived.: wherein the authors und [prynne, william] 1660 14203 15 0 0 0 0 0 11 c the rate of 11 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-02 aptara keyed and coded from proquest page images 2007-03 pip willcox sampled and proofread 2007-03 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the long parliament tvvice defunct : or , an answer to a seditious pamphlet , intituled , the long parliament revived . wherein the authors undeniable arguments are denied , examined , confuted : and the authority of this present parliament asserted , vindicated . by a zealous yet moderate oppugner of the enemies of his prince and country christianae perfectionis est , pacificum esse etiam cum pacis inimicis , spe correctionis , non consensu malignitatis : vt si nec exemplum nec cohortationum discretionem sequantur ; causas tamen non habeant , quibus odisse nos debeant . aug. london , printed for henry brome at the gun in ivy-lane , 1660. to the reader . t was not an ambition to speak in print , nor to lay lime-twigs for any other advantage , which encouraged my pen to this undertaking : these are toyes to delude those who understand little of the world , and less of their own merits . wouldst thou know the occasion ? t was this . about a week since , i had the happiness to visit some of my learned and judicious friends . their discourse was a while various , till it was fixt on the long parliament revived . and therein ( having no learning in the common lawes ) their judgements were fluctuating and uncertain but the novelty of the question and the confidence of the author , had enclined them , though not to an assent , yet to a favourable censure of his opinion . a stranger among them would needs prove it to be true , and produced only that it was the sence of the city for his evidence . at length they demanded my judgement . i discoursed the question at large , answered their objections , refuted their arguments , and in the end left them well satisfied that it was but a parradox . one of them ( whose commands are to mee more obligeing then the acts of a posthumous parliament ) enjoyned me to commit my thoughts to paper , and hath since condemned them to the press . whether he were in this my friend or my enemy , be thou the judge . i have been forced in this argument to make most use of reason , deduced either from its first principles , or the common notions of our law . for the question is a transendent and in vain it were to look presidents either in our law-books or histories . several arguments are used , but those upon the exposition of the act it self 17. car. i conceive to be of themselves a full answer to the authors principle objection . this question might have been the triumph of a more able pen : but that the eagles do not quarrey upon flies . and if some one of the sages of the law had undertook this task ; the author might have pleaded , qui bonam tuetur causam , dum victus est , non vincitur , that he was conquered by the man , not by the truth . but now against any such suggestion , the undertaking of the question by one of a lesse name , is a sufficient counterplea . i shall willingly abide the sentence of the judicious . but to censure before thou understandest , is to condemn a man unheard . if i have brought any light to the question or benefit to my countrey by this small labour ; my desires herein are in their haven . as for thy favour i shall neither flatter it , nor refuse it . farewell . anno 17. caroli regis . an act to prevent inconveniences which may happen by the untimely adjourning , proroguing , or dissolving of this present parliament . whereas great sums of money must of necessity be speedily advanced and provided for relief of his majesties army and people in the northern parts of this realm , and for preventing the imminent danger this kingdom is in , and for supply of other his majesties present and urgent occasions , which cannot be so timely effected , as is requisite without credit for raising the said moneys : which credit cannot be obtained until such obstacles be first removed , as are occasioned by fears , jealosies , and apprehensions of divers his majesties ▪ loyal subjects , that this present parliament may be adjourned , prorogued , or dissolved , before iustice shall be duely executed upon delinquents ▪ publick grievances redressed ; a firm peace between the two nations of england and scotland concluded , and before sufficient provision be made for the repayment of the said moneys so to be raised . all which the commons in this present parliament assembled having duely considered , do therefore humbly beseech your most excellent majesty that it may be declared , and enacted . and be it declared and enacted by the king our soveraign lord , with the assent of the lords and commons in this present parliament assembled , and by the authority of the same , that this present parliament now assembled shall not be dissolved unless it be by act of parliament to be passed for that purpose . nor shall be at any time or times , during the continuance thereof , prorogued , or adjourned , unless it be by act of parliament to be likewise passed for that purpose . and that the house of peers shall not at any time , or times , during this present parliament , be adjourned , unless it be by themselves , or by their own order : and in like manner , that the house of commons shall not at any time , or times , during this present parliament , be adjourned , unless it be by themselves , or by their own order . and that all , and every thing , and things , whatsoever done , or to be done , for the adjournment , proroguing , or dissolving of this present parliament , contrary to this act , shall be utterly void , and of none effect . the long-parliament twice defunct , or , an answer to a seditious pamphlet , called the long-parliament revived . the contrivers of evil designes , are not more sollicitous to accomplish their mischievous ends , then they are crafty to palliate and mask the course of their undue proceedings . for deformity and an ill-favoured aspect , is entayl'd upon wicked and unhandsome actions , and the soul of man hath retained so much of its original righteousness and primitive light , that it starts , and feels the effects of antipathy upon the first discovery of a foul and vicious object , when ever it ventures it self abroad undiscovered and appearing in its own ugly proportions . and therefore evil minded men finde it both the safest , and the surest , and the easiest way to hide their pernicious purposes under the fair and plausible pretences of vertue , or religion , or the publick good . that great heretick in religion and policy , machiavil hath taught them the same lesson , who though he rejects conscience in the substance as no good guide , yet he perswades his disciples to embrace the empty shew of it , as the best vizard in the world . but truth is eagle-eyed and can look through all their thin pretences , and measure their perverse intentions by the end to which their actions are naturally tending , and the effects which they are likely to produce . herein can be no hypocrisie , no disguises to elude the inquiries of a wise observation . the means they use do certainly point out the ends they aime at , as he that shoots at a mark will be thought to intend to hit it if he could , whatsoever he tells us to the contrary . the author of the late pamphlet called the long-parliament revived , hath rendred himself an example of the truth of this assertion , who being great with childe of a paradox destructive to the peace of this nation , could not be satisfied till by the midwifry of the press he was delivered of his chymerical birth , though with the hazard of his liberty in the production . for though the whole scope and designe of his book be only to ferment the minds of the vulgar , and as he calls them , injudicious sort of people , and to blow the trumpet of sedition to the disturbance of the publick happy peace : yet he hath the forehead to preface his old rags with plush , and to begin with these crafty insinuations , viz. to the end the peace of this nation may be established upon a firm and lasting foundation and that after one shipwrack hardly escaped , we run not again upon a more fatal and irrecoverable rock of confusion , the author of this small paper out of tender compassion to his native countrey , and with all humble respects of allegiance to his royal majesty that now is , hath thought fit to offer arguments to the world , &c. which if timously harkened unto , may yet prove a healing remedy against the sad breaches of this shattered kingdom and prevent mischeifs . sure this man was an apothecary he is so good at gilding of his bitter pills . let us therefore inquire whether the substance of his discourse do correspond and suite with these fair and plausible pretentions of loyalty , and the publick benefit of these nations . which will the better appear if we consider , first , the rancour of his heart against the present government , expressed in the fourth page of the pamphlet , to this effect , viz. that when the subjects of this nation have seriously considered of his arguments , which ( as he would have it ) do prove the being and legall authority of the long parliament visibly existent by vertue of the act 17. car. they will doubtless see they have no reason to hold themselves safe in their lives , liberty and estates till it have made provision in that behalf , and be legally dissolved . what is , if this be not to sow sedition , and to lay the foundations of a new warre , and to angle for proselytes of rebellion , which the phantastick baites of the vindication of laws and the subjects security ? we have ( one would think ) bought the experience of trusting the pretence of fears and jealousies at too dear a rate , to be again involved in the sad consequence of a pernicious credulity . the present age is too wise to thrust themselves into a true and real slavery , to avoid a painted one . and therefore the author might have spared that clause which gives the lie to his proemial flourishes , and is not likely to serve to the ends he intended it , the generality of the people ( blessed be god ) being now of true and loyal principles and of a conformable temper to the government established . secondly , the consequence of the opinion he defends , will plainly demonstrate that the author is no such great friend to the publick good of his native countrey , as is pretended . for then he would have it to follow , that the present parliament is of no authority to binde the subjects of this nation , and that their acts have not the force of laws , and if so , then all their acts are voide and of no force that they have made in order to those excellent ends of restoring his sacred majesty to his just birth-right , and the laws and liberties of the people to their free exercise and splendor , which this present parliament have , to their eternal glory and honor , with great prudence and moderation effected ? how will the author and the nation be sure of another act of oblivion , of so full and comprehensive mercy as that which is already passed and published . if that should not be an act of parliament , it is only the kings declaration which is pleadable in no court for any mans discharge . besides his majesties declaration from breda referres to this parliament now sitting , and by his letters to them , hee obliged himself by his royal word to passe those laws which are already enacted , and others now in agitation for the quiet settlement of the nation , and therefore he is not concerned in honor or conscience ( for otherwise he is not obliged ) to give his royal assent to those acts when they shall be presented to him by the long-parliament if they could get a being quasi ex post liminio as the author hath conceited it . and let him be confident the desires of the nation are utterly against it , who will never willingly be brought to seek a plaister from those very men that have broken their heads . thirdly , the authors malevolent nature appears in this , that relying upon one distinction only , that there is a difference betwixt the nature of a parliament in its ordinary constitution , and a parliament strengthened by a special law made to that purpose , and some few shreds out of the third institutes , he dares to cross the general opinion of learned men , and like a pigmy upon the shoulders of a giant , bid defiance to all opposers ; 't is a curst cow that will be fighting though she hath short horns , and he hath a great minde to swimming that will adventure to cross the seas in a cockboat . but not to dwell in the porch ; it will be agreed to the author , that parliaments rightly constituted in the general , are very instrumental for the safety and happiness of this kingdome , and that the members of parliament ought to enjoy their due privileges . but his inference will not hold in applying the general rule to every particular parliament . for though the general constitution be good and convenient to the nature of our government , yet some of the particular instances may be defective and erronious in their judgement and proceedings . and no wonder , seeing the rule in livy is generally true , in consilijs major pars plerumque vincit meliorem . we have had insanum parliamentum of old . and the effects of the late long parliament , caused by the faction and perversness of some predominant parties amongst them , even to the dissolution of our government , is a sufficient proof in the judgement of sober and unbiassed persons , that the general thesis ought to be understood with several limitations . and although the members of parliament ought to enjoy their lawfull privileges , yet it doth not follow that therefore those men should be permitted to sit whose authority is determined by the course of law , as shall be hereafter most manifestly proved . his particular arguments are drawn from the body and preamble of the act of 17 caroli . first from the preamble he endeavours to prove by way of implication , that that parliament intended to secure themselves against all the causes of dissolution , as well by the kings death as otherwise , and thus he argues in effect , that the parliament being necessitated to borrow money for the publique service ( for he waves the other ends mentioned in that preamble of that act , and therefore i shall take no notice of them in the discourse ) and seeing no body would trust them because it was hazardous , they might be dissolved before repayment , therefore was the act made to establish their continuance till the money being satisfied they did dissolve themselve by act of parliament ; but saith the author , if they had been notwithstanding dissolvable by the kings death , the act had been of no effect , because their dissolution was still hazardous ; the kings life ( saith he ) being more uncertain then other mens , and so ex absurdo he reasons , that the parliament shall not be intended to omit this cause of their dissolution out of the said act . to this i answer , that the principle end of this act being only to secure the payment of the publique debts , which they were then contracting . if the security of those debts did not so depend upon the parliament , that they would be necessarily lost , if they were unpaid at the time of their dissolution ; then that parliament was not absolutely necessitated to secure their sitting till those debts were paid , it being sufficient to establish themselves against being dissolved by the kings will , which had most often recurrence , and whereof they stood in most danger . but those debts which they then contracted , were either secured by act of parliament , actually made and passed at the time of the money borrowed , or they were not . if they were secured by act of parliament , that act was as good a security after the parliament dissolved , as it was while the parliament continued . but if they were not so secured , the debts were as likely to be paid , and the creditors had the same security ( viz. the honour and justice of the kingdom , which is all the security or compulsive power creditors have against parliaments ) for the repayment thereof by a subsequent parliament , as by the parliament then sitting which borrowed the money , which is apparent ; first , because the parliament then sitting , by the authors own confession , took no care for repayment of the said money , and another parliament could not possibly be more remisse ; secondly , because those debts were the publique debts of the kingdom , contracted by their representatives in parliament , in their publick , and not in their individual quality , and therefore every following parliament , comming under the same representation , ●●ere bound to take the same care for the payment ●hereof , being a part of their publique service or employment . and it is no strange thing for a latter parliament to pay sums which were drawn on the kingdom by a precedent parliament , witnesse the paying off the souldiers by the honourable assembly now sitting , which souldiers were the most part of them first set on work by the long parliament , since which time , till now , we could never have the happinesse to shake hands with them , so that it appears that there was no such great necessity , as the author insinuates , to bulwark themselves against a dissolution by the kings death , which was a remote possibility . but that in case that accident had happened ( which was unlikely ) the debts notwithstanding would not have been lost , but had been in as much likelihood to have been paid by the next parliament , as if the parliament in 17 caroli had not been dissolved by the kings death . secondly , at the time of this act made , there was no danger of the kings death , nor any suspition that it would happen within so short a time as was sufficient for them to have raised the said monies , and therefore they shall not be reasonably intended to have made provision against the kings death . for his late majesty of ever blessed memory was sprung of longaevous parents , and was in the meridian of his age , of a strong and healthfull constitution , and of great temperance in his diet and recreations , which are all symptomes or causes of a long life ; and therefore 't is unlikely they should mistrust he would die within one or two years , which was time more then sufficient for the raising and payment of the sums borrowed . thirdly , if the case had been so that his majesty had been of a languid and valetudinarious habit of body , yet the act had not been fruitless . for a parliament may be dissolved either by the kings pleasure , or by discontinuance , or by the kings death . but seeing by this act they were defended against being dissolved by the kings pleasure ( as is agreed by all parties ) whereof there was most danger : i conceive the author will not deny , but that their session was more established by this act then it was when it lay open to all the three accidents or causes of dissolution . an estate determinable upon the surrender or forfeiture of the particular tenant is a lesse defeasible estate then another estate determinable by his death , surrender or forfeiture . and now reader , you may breath a little , and consider the emptiness of the authors argument conceived upon the preamble of this act , which appears to be like the crackling of solomons thorns under a pot , makes a great blaze and a great noise , but contributes little of solid heat to the vessel that hangs over it . yet to be further quit with him before i dismisse the preamble , i shall thereupon frame this argument which i think flowes more naturally from it then his deduction , that it appears from the preamble the parliament only intended to suspend the kings prerogative and the ordinary course of dissolving them till they had cleared their credits and repayed the money borrowed , for this they make the principal end and drift of that act , and when the end of an act of parliament is satisfied , the act looses its force , aquisito fine cessat operatio , which is proved by those temporary statutes for assesments &c. when the money is paid , the statute is become of no further use or effect . and therefore if all the ends for which the act 17. caroli was made be satisfied accordingly by the payment of the money therein mentioned , to be borrowed upon the security of that parliament , then is the suspension taken off , and the kings prerogative , and the ordinary course of dissolution of parliaments is revived again as it was before that act made , and by consequence they are dissolved by the martyrdom of his late majesty . now the learned and worthy patriot mr ▪ prynne asserts that the ends of this act are all satisfied , and the author doth not endeavour to prove the contrary . but if the moneys by them borrowed be not paid . yet i suppose the authority given them by that act , ceased before the kings death for not performing the ends of that act within the time which was limitted them by the construction of law and reason . and for proof hereof , and our more orderly proceeding we will inquire what time was allowed them by a rational interpretation of that act to performe the ends in that act designed . there is no man , i think , so irrational as to imagin , that by this act they are a perpetual parliament ; first , because it is contrary to the end designed in the preamble . secondly , because it is against the fundamental constitution of the politick government of this kingdom , & against all the presidents and books of law , which alwayes mention successive parliaments ; thirdly , 't is against the liberty of the subject , which a parliament cannot alter in so principal a part , especially seeing the lawmakers may be intended reasonably to do it for their own benefit , who in their own cases , by the law of reason , can be no co●petent judges . and that for many inconveniences , in successive parliaments the country have every time power to chuse a new , and 't is not often ( though sometimes ) seen , that one man is chosen in many successive parliaments : which variation is necessary for several reasons ; sometimes because they would ehuse persons aptly qualified in parts or affections , or both , to the matters of state then in agitation ; sometimes they elect persons having interests by their own greatnesse or alliance to procure some particular businesse of consequence effected for the county or corporation for which they serve , so that to endeavour a perpetual parliament , would prejudice the people 's repeated election , which is not to be allowed . besides , this inconvenience would follow a perpetual parliament , that the persons chosen may be altered in body , mind or morals , and so unfit for that service , yet their authority would be continued ; for a knight , citizen or burgesse can make no proxie , and sicknesse , &c. is no cause of removal . and further , if those persons should grow old in that power , they would engrosse the offices of the kingdom into their own hands , and by great means , and friends , and privilges overtop their countrymen and make them meer under-woods . and if it be proved that this act doth not establish this long parliament in an absolute perpetuity , then it is to be considered what is the time of their duration , within the meaning of this act ; for if it be construed that they have a continuance till they dissolve themselves , without restraining their continuance to the time of the performance of those ends for which the said act was made : this is potentially a perpetuity , and cannot be abridged but by 〈◊〉 own wills , which would never militate ( as he phrases it ) against their own advantages . so that then this exposition labours under the same absurdities and inconveniences with the former , and therefore not to be supposed . therefore i conceive the most natural and genuine interpretation of this act is , to make the drift and purpose of this act , the limits of its continuance , and this drift is the payment of the said debts ; and seeing by the rules of the common law , which may be confirmed by reason , when an indefinite time is given for the performance of a voluntary act possible to a third person , the act ought to be done within convenient time ; hence i infer , that if the publique debts which were the end of the making of this act , be not satisfied by the long parliament ; yet because they have had time and power more than sufficient between the making of that act , and the kings death , to have raised and paid them off , and did actually levy monies , amounting to a far greater sum , which were otherwise imployed . the gentlemen of that parliament ought not to take advantage of their own neglect ; but having surpassed the time which by law and reason was sufficient to accomplish those ends , they lost the advantage they gained by that statute , the kings prerogative , and the ordinary course of dissolution relapsed into its old chanel , and consequently the said parliament was by the kings death actually dissolved . and so much is argued by way of admission , that the act of 17 car. did provide against all the causes of dissolution , but not granting it ; for i doubt not , but i shall prove the contrary afterwards in this discourse . but now we must hasten to the body of the act . his second argument is drawn from the body of the act , the words whereof are these , viz. that this parliament be not dissolved unless by act of parliament to be passed for that purpose . whence he concludes , that this negative clause is exclusive of all the causes of dissolution ; which i deny : but before i give my reasons i shall observe . that seeing this act is derogatory in a matter of the highest nature to the law and custome of parliament , but especially to the kings prerogative , which the law supports and cherishes as a ballance to the two other estates , to preserve the perfect crasis and equal temper of the politick government . the general words therof shall be expounded strictly in reference to the thing altered , and beneficially as to the reviviscency of the law and custome of parliament , and of the kings prerogative , which in obedience to some necessity was for a time laid afleep and suspended ; for 't is a rule , that bonum necessarium extra terminos necessitatis non est bonum . this being premised i doubt not but i shall give a full answer to the authors second argument . and therefore i make a question , whether an act of parliament by express and apposite words , which is stronger than our case can continue their own being after the death of the king in whose life it was summoned . first , because that after the death of the king , if they be a parliament , they are either such by the common law and custom of parliament ( which is a principal and fundamental part of the common law of the land ) or by the special statute , so by both they cannot be a parliament . but they are not be a parliament by either of those two wayes , for the reasons hereafter alledged , not by the common law and custom of parliaments ; because ( as the learned mr. prynne hath proved in his said booke , and the author agreeth it , and 't is not doubted by any man that hath any understanding in the law ) that parliament , as it was a parliament by the common law , naturally determined by the demise or death of the king : nor are they a parliament by the especial statute , because then it would be another thing distinct from that parliament which was summoned in the kings life , to which the power of representation , which was conferred upon the members thereof , by the people in their election cannot extend ; for the country being enabled to choose them by the kings writ , the persons elected received no power from them , but according to the tenour of the kings writ , which determining with the kings life , the power of representing the people , wbich they received at their election was then likewise determined , and by consequence they were no longer the peoples representatives ; and therefore no parliament . or to expresse it in plainer terms , if they be a parliament after the kings death by the force of their own act , as i have proved , they must be , if they be a parliament ; then it would follow , that a parliament by their own act may only create another parliament , to exist after they themselves so constituted are dissolved ; and the consequence of this would be , that the people should be bound by the laws of that other parliament to which the people never consented being made by persons that were not chosen by them to be their immediate representatives , which is absurd ▪ there is nothing materially to be objected to this in my opinion , but that the people are parties by representation to the act that constituted the second parlrament , and so the second parliament might sit by their mediate , though not by their immediate choyce and election . to which i answer , that the power that the people gave to their representatives at their election was limited and confined to their persons in that quality , and is not transferrible either to other persons , or to themselves in another quality ; because all authorities are confidences in the persons authorized to some certain end ; and therefore are personally and strictly taken , and cannot be communicated to others , or themselves in another manner than they were at first given . as for ample , if i submit my self to the arbitration of a stranger to stand and fall by his judgement and decree ; though i am bound to stand to his sentence , yet if he transfer over the power i gave him to another , i am not obliged by the award of the 3d person . so if there be arbitrators which are limited to make their arbitration during the life of a third man , if they award within that time , that what award they themselves shall make after the death of the third person , shall be good and binding to the parties concerned ; such award would be voyd , because they are not arbitrators after the death of the third person , by the choyce and submission of the parties concerned ; but by their own award ; which was beyond the intention of the parties that gave them power , and if they could hand over their authority beyond the date of the first limitation of its continuance , they might do the same thing infinitely , which is absurd and inconvenient , and against the nature of an authoritie . secondly , i conceive it will be a hard a matter for the author to prove , that a parliament hath a legal power ordinarily as a parliament , to alter the fundamental laws , which are so concorporate with the essence of government , that one cannot subsist and be the same without the other , unlesse it be in a case of great & invincible necessity , which dispences with the punctilio's of all laws , or by the peoples consent specially signified , and the implyed consent by their ordinary election shall not be suffiicient . and 't is not a general sentence cited by the author out of the 3d ▪ institutes will evince the contrary . which position i prove , first , because the author might have found in his beloved third institutes , that it is the course for the members of parliament to desire leave to consult with their counties before they consent to any new law of extraordinary and important alteration . secondly , it being the root and foundation of all the liberties of the subject , not to be bound by any new law to which they are not parties by their imdiate representatives , and to make successive elections : it will not be reasonably intended , that the people did intrust them with their authority to those ends , viz. to change the government , or to deprive them of their fundamental privileges , as i have before shewed is done by this act , according to the authors interpretation . thirdly , the lawes of england are of two sorts , either they concern the being , or the well-being of the policy of this nation ; those of the last kinde are the proper work and object of parliamentarie power , these may be enacted , repealed , revived , corrected , expounded , and as to them a parliament hath unlimited jurisdiction , as by the particular examples cited by my lord cooke appears ; but those lawes that concern the being of the kingdom , as 't is a government , are inalterable , except in the special cases of necessity or the peoples special consent ; because first , those first and fundamental lawes are the foundation and the measure of the usefulnesse or disadvantage of all the other lawes , which are collateral to the essence of government ; all lawes being fitted to the nature of government , as a garment is shaped to the body , and therefore those laws ought to be as standards to support and regulate all the rest . secondly , because an error in such alteration would be fatal , and next door to an impossibility to be redressed ; if the walls or the roof of a building be altered , there is no great danger , but to move a stone in the foundatiō , threatens the whole structure with a certain downfall . i may say of it as my lord burleigh to his son in another case , to attempt a change in the essentials of government , is like a stratagem in war , wherein to faile once is to be undone for ever . and that the limits of the natural duration of a parliament , is part of the fundamental laws of this nation is so clear , and common a truth , that it needs no further proof . fourthly , every statute hath the formality of a law , by the law and custom of parliament , because a constitution agreed on by persons chosen by the people with the royal assent , without the material circumstances required by the law and custom of parliament , is ordinarily no binding law , which proves that the law and custom of parliament , gives the essence & formality of every possitive law , as t is a law ; and therefore it cannot be altered in the substantial part of it , except in the cases before excepted ; for all the power and force which a statute hath to command obedience as it is a law , being derived from the law and custom of parliament , if this law might be altered by a statute , it would then follow , that the force and effect of one and the same law , could be bent against it self , and have an efficiency to its own destruction ; which is repugnant and unnatural , and not to be imagined . and for a further proof of the premisses , i do affirm , that there be several things which a parliament cannot do by their act de jure , though de facto , sometime it be done , as to make a law that a man shall be judge in his own cause , or any other thing which is against natural equity , the act is void , quia jura naturae sunt immutabilia . so if an act be made to condemn and attaint a man of treason , without hearing him in the way of a legal tryal , although my lord cook saith , that the attainder standeth of force , because there is no higher court to controul it , yet he addeth this clause to shew it is not good de jure , viz. auferat oblivio si potest si non , utcunque silentium tegat , for ( saith he ) the more high and honourable the jurisdiction of the court is , the more just and honourable ought they to be in their proceedings , and to give example to inferiour courts . i shall not mention the books cited by mr. prynne , which pertain hither , but refer the reader to his book . but to come nearer , t is the judgement of a whole parliament , in these words , viz. it is declared by the lords and commons in full parliament , upon demand made of them on the behalf of the king , that they could not assent to any thing in parliament that tended to the disherison of the king and his crown , to which they were sworn . and my lord cook saith , that although it might be done ( i. e. de facto ) yet it is against the law and custom of parliament . now the said act of 17 caroli according to the authors interpretation , is expresly against the prerogative of the kings successor , to call his own parliament , and hath many other inconveniences , which need not to be here again repeated , and therefore in the words of the parliament in edward the 3d. his time ; they could not make an act to bear such an interpretation , to the disherison of the king and his crown , &c. yet i will not deny but that the kings majesty might binde up his own hads , and suspend his ordinary power from an actual dissolution of the parliament ; morally ▪ by his promise , or legally , by an act made for that purpose . for a parliament may bee dissolved either by an external principle which is accidental , viz. the declaration of the kings pleasure ; or by an internal principle which is natural , viz. the want of entring their continuances , or the kings death , whereby the kings writ , which is the authority they have to convene together , is determined . now the king ( as over his subjects ) so he hath a soveraignty over his own will , and being obliged by his royal assent to that act , he might and ought to stave off the accidental cause of their dissolution . but for the aforesaid reasons , i doubt whether the kings majesty , or his two houses , or altogether , could legally change the substance of the parliament , and defend it against the natural causes of its dissolution . this being understood under the limitations expressed in my first thesis or position . but that which i will rely upon is this , that admitting it be in the power of a parliament with the royal assent by their act to make themselves a legal parliament after the kings death by apt words ; yet in the act of 17. caroli there are no such words , as according to the rules of law will bear any such construction . for the words , that this parliament shall not be dissolved unless it be by act of parliament , are a general negative , which by a proper interpretation cannot extend to all the causes of dissolution , but only to that which most often happened , and which was the pretended grievance at that time , viz. the dissolution by the kings will and pleasure : for it belongs to the judges to expound the general statute laws according to reason and the best convenience , and to mould them to the truest and best use . and in all times the judges have excepted particular cases out of the general negative or affirmitive words : of statutes , though such particular cases have come within the comprehension of the general words . where the letter of those statutes in the largest extent of it doth intrench upon the kings prerogative or the nature of the thing , or enforces to an inconvenience or an impossibility . by the satute of magna carta c. 11. 't is enacted , that common pleas shall not follow ( or be sued in ) the kings court ( or bench ) which is a general negative clause , yet notwithstanding because 't is a maxime in law that the king is present in every court ( and cannot for that reason be non-suited ) it is clear law and so holden , that the king is not within these general words , but may sue in his bench or in any other court at his pleasure . in the marquess of winchesters case , though there was an act of parliament 28. h. 8. that the lord norris should forfeit all his rights , &c. yet adjudged that a right of action being an inseparable incident to the person attainted could not by general words be made separable contrary to its nature ; and therefore were not given to the king by the generality of that law . so in englefields case , though the statute 33 h. 8. gives all conditions of persons attainted to the king , which being a general word comprehends all sorts of conditions , yet a condition of revocation of uses by any writing under the hand of the duke of bedford that was attainted being appropriated to his own personal act was not forfeited within that general statute . the statute of winchester is a general statute , that the hundred , &c. shall make satisfaction for all robberies and felonies done within the hundred ; yet resolved , that the hundreds shall make no satisfaction for the robberies of a house , because the house was the owners castle , and he might have defended himself , and so t was inconvenient that the hundred should be put to take care of him that had ability to preserve himself and his goods : nor for a robbery done in the night , because it was the travellers folly to travel by night , and it was impossible that the hundred ( who by intendment were in their beds ) should take notice of such a robbery . the statutes of marlebridge , cap. 4. westm. 2d . cap. 49. and 25 e. 3. cap. 16. are in the general negative ; yet the judges have so expounded those statutes , that they extend not to many particular special cases which are within the general comprehension of those words . it were infinite to enumerate all of them ; therfore to apply this . seeing it is agreed by the author , and otherwise proved , that it is the nature of a parliament ordinarily to be determined by the kings death ; and the contrary is ( as i have proved ) against the liberty of the subjects election , and in prejudice of the kings successors prerogative of calling his own parliament , and this general clause may be very fully satisfied by suspension of the kings prerogative to dissolve them at his will and pleasure ; 't is against all reason and president , that it should be extended any further to change the essential nature of a parliament , abridge the subjects liberty , and shackle the prerogative royal , withou● any special and expresse words to manifest certainly that the intention of the lawmakers was such , without any manner of question . for if they had intended to preserve themselves against discontinuance , and the kings death , they would have added such special words as these , viz. that this parliament shall not be dissolved by the kings majesty , nor by neglect of the due entring of adjournments , nor by his majesties death , but onely by act of parliament : which would have made their intention manifest ; and in such case they would never have been contented with general words , which are uncertain and ambiguous . and lastly , if i should admit , which can never be evinced , that the said negative clause should fortifie the parliament against all the causes of dissolution , as it stands singly by it self ; yet upon consideration of the other part of the same statute , it will appear that there are other words which do restrain the generallity of the former negative clause or sentence , and shew , that the intent of that parliament was never to continue themselves a parliament after the kings death . and to prove this : it is a good rule in law , that it is most natural and genuine to expound one part of the meaning of a statute by an other . the first general clause of the statute 17 car. respects the effect , viz. that they shall not be dissolved , &c. and this i call conservatory . and after comes another clause , which respects the cause of their dissolution , viz. and that all and every thing and things , done or to be done for the adjournment , proroguing , or dissolving of this present parliament , contrary to this present act , shall be utterly void and of none effect . which clause is prohibitory of the cause of their dissolution . and in this last clause it appears , that the cause of dissolution which they intended to prevent , was something that should consist in action , by the words ( thing or things done or to be done ) which words could be applicable only to an actual dissolution by the kings pleasure . for the non-entry of continuance upon adjournments , is not a thing , but a defect , nor done , but omitted ; and the kings death is not a thing , but a cessation of his personal being , and of the dependents thereupon . nor is an action , but a termination or period . so that the last clause which respects the cause of their dissolution , extending only to a dissolution by the kings pleasure , the author cannot with any reason or modesty strain or extend the negative words of the former general sentence , which respects the effect , to any of the other wayes of dissolution , unlesse hee would have the effect , as 't is an effect , to be broader and more capacious than the cause , which is not to be endured . so that it is evident , that this later sentence restrains the general words of the former , to the particular kind of dissolution by the kings pleasure ; and upon the whole , that the long parliament had no establishment of their continuance against a dissolution by discontinuance or the kings death , which having both happened during their session , they are twice dead instead of being once revived . and now let the impartial and understanding reader judge what reason the author had to trouble the world with this paradox , which is built by him upon so sandy foundation , that it is no glory to demolish and kick it down . it is the humor of some men to make election , rather to doe mischief , than to doe nothing . though i cannot but speak him ingenuous ; yet i could wish he had exercis'd his curiosity in a matter of lesse dangerous consequence to himself and the peace of these nations . there remain some little things to be discussed and answered in the authors discourse of the existency of the long-parliament , which i shall touch only , and dismisse the question . to mr. prynnes first argument he answers , that the kings death legally dissolves a parliament ; but not such a parliament as is established by an act of the three estates , and requires a president to the contrary . this distinction is fully answered before in this discourse by my arguments upon the body of the act : so that mr. prynnes objection stands in its full force and efficacy . and for his president , this is iniquum petere , to demand an example of that which is without a parallel in any of the former ages . it sufficeth , that we have evinced by reason and a legal interpretation of the act of 17 car. that the long parliament hath no legal existence . to mr. prynnes second objection he furnishes out the same distinction ; for hee hath no weapons to fight with but a fork , and if that break he must despair of victory . but he fortifies his distinction with an interrogatory , upon which he frames a dilemma , which is answered before , viz. that a parliament cannot de jure extend its continuance beyond the kings life in whole time they were summoned , but by the peoples special consent , or an invincible necessity : and this is not to be such a pedling necessity as the pretence of borrowing of money in our particular case . he sayes , that parliament security was ever looked upon as inviolable , viz. ( as i think he means ) just and punctual , and it hath been alwayes so esteemed before and since that act , and moneyes have been alwayes borrowed in great sums upon their security , without scrupling their dissolution . ask any citizen of london , he will give you a president of it which is not beyond the memory of man . yet i confesse , that if the moneys borrowed by the long parliament in 17 car. were not paid by that parliament ( although they sate till the kings death , which was many years afterwards ) 't is most certainly true , that the general rule did fail in that particular instance . and till now very few of this kingdom did ever know or suppose that that parliament had left the nation in debt : so that the author hath no reason to expect the thanks of the house at their resitting , for making this discovery so publique . to mr. pryns third objection he opposes the same magnanimous distinction , which surely is not of french extraction , for it shrinks not at the 3d. charge . but 't is now almost out of breath , and therefore to second it , he sayes , that the king virtually waved the authority of his writ of summons , and fearing that for all this it may be repulsed , he sounds a barley by another interrogation , which is in effect but his old distinction wheeled off and re-enforced , & this as i have said , is all answered before in this discourse , and i would not tire my reader with repetitions . to mr. pryns fourth objection he sayes nothing material , only that passage must not escape unanswered , viz. that the king is a part of the parliament in his politick , rather then in his natural capacity ; and therefore when the king dies , the parliament dissolved not , because the politick capacity remains after his death . to which i answer , that the intent and use of a parliament , is to advise that particular king that summons it , and all their counsels must be directed to him as he is a man capable of advice and assent : and when he writes le roy le veult , it is his personal act , though as this act gives the instrument which he signes the validity and efficacy of a law , it is done by his royal authority . and further , every parliament ought to begin and end by his personal presence , or by him in representation ; which shewes , that every parliament depends upon the person of the king ; and this is further evident , by the ordinary dissolution of the parliament at his death . and to the authors application , that a parliament may be such though the kings person be utterly withdrawn , because his politick capacity lives and is present with them . this is an out-worn and thredbare distinction , which the common story of the knights being perjured in his politick , and going to hell in his natural capacity sufficiently confutes . for the politick capacity is a second notion , and cannot subsist but in the natural ; to which it is so strictly united , that it is inseperable otherwise than by our understanding , which cannot alter the nature of any thing . the murthering of his late majesty , as it was treason , was an offence against his politick capacity as he was a king , though that horrid and shamelesse butchery was committed against his natural person as he was a man . but that saying that the king is a part of the parliament must be cautiously understood , because a mistake in it , hath been a great cause or pretence of all our late civil wars . for , hence some would infer a coordination of power in the parliament , which cannot , i conceive , be made good by reason or the laws of this nation ; for the king hath undoubted power to call and dissolve parliaments , which are properties inconsistent with a coordinate power . the stile of all acts anciently was by way of petition , ( that it may be enacted ) which doth not smell of co-ordinate authority , and the act of 17 car. was in like form . the members cannot consent upon condition , which shewes , that the binding power of an act , as it is a law , doth not passe from them , ( for cujus est dare , ejus est modificare ) but only a bare assent , which is necessary to perfect the act of another , as in atturnments . the members during the continuance of parliament may be committed , and be punished for treason , which could not be , if they were in a coordination with the king ; and the writs of summons , under favour , ( notwithstanding my lord cooks marginal notes ) do confirm this assertion . i shall conclude with the testimony of the learned grotius , jure belli , in these words , multum falluntur , qui existimant , cum reges act a sua nolunt esse rata , nisi a senatu , aut alio coetu aliquo probentur , partitionem fieri potestatis : nam quae acta , eum in modum rescinduntur , intelligi debent , rescindi regis ipsius imperio , qui eo modo sibi cavere voluit , ne quid fallaciter impetratum , pro vera ipsius voluntate haberetur . and yet t is most true , that in our legal monarchy the king cannot make or alter any law without the assent of his peers and commons in parliament : so that upon the whole it appears , that the king is so a part , as he is the head of the parliament and nation ; and though it be true , that totum est dignius sua parte , yet the head must be a part of this totum , or else that maxime is untrue and fallacious . to mr. pryns fifth objection , he chops in again the distinction of the kings politick and natural capacity , which my former confutation hath rendred toothlesse . but he sayes the dissolution of the parliament by the kings death , might prove dangerous and pernicious to the kingdom , i answer , he that intends to be believed , must not affirm things in general terms , which do nihil ponere , and to which no certain answer can be given . again , 't is presumption in the author to think himself wiser then all the ages that liv'd before him , who finding no inconvenience , have derived the custom down to our times , and 't is a known good rule , oportet neminem esse sapientiorem legibus . to his answer to the sixth objection , affirming , that the parliament was not dissolved by the act passed lately , upon the admission of the secluded members , for their dissolution , because it was but an act of the house of commons only , which is no act of parliament . i answer that it is most true , that it was no act of parliament according to law ; but by the authors favour , those very men ( that were the greatest part of the commons of the long parliament then living ) ought not themselves , nor their advocate , to say that they were no parliament , for they imposed an assessement upon the nation , and stiled their instruments , acts of a parliament , so that those men shall never in reason averre any thing in disability of their own acts , though they were otherwise not agreeing with the rules of parliamentary proceedings . besides that act at least amounts to a declaration of their judgement , that they were dissolved , and it was true , for they were long before dissolved by the kings death . to his answer to the seventh objection , that this act 17 car. is not void , although the bishops ( who were outed before this act passed ) did not assent to it . i shall say obiter , that 't is the hope of the greatest part of the learned , loyal and moderate party of this nation , that this present parliament , ( if the necessity of other more important affairs would permit ) or some other parliament , will out of their zeal to common justice , and the honour and safety of the kingdom , take the case of the reverend bishops into consideration , and restore unto them their ancient honours and privileges of sitting in the house of peers : their undoubted and very ancient right , and the necessity of their re-establishment , in order to the preservation of the ancient policy of this nation , for the better support of the royal authority , for the ballancing of the other two estates , for the benefit of the clergy of this nation , who have no representatives in parliament , for the preservation of the rights and privileges of the church , and for the better establishment of the integrity of orthodox religion ; being strong and important advocates for their so just restitution . after which short digression , i answer , that if an act of parliament , that divests so many members of the same parliament of their rightfull and ancient privileges , and lawfull inheritance , without any crime committed or alleged , or without being called to answer in any judicial way of proceeding , be good and valid , then the authors position is true , and not to be denyed ; but if such an act be against natural justice and equity , and against the law and custom of parliament , ( for i shall desire the liberty to be sceptical in this particular ) then on the otherside it will appear , that the bishops were excluded against their wills , and they being so great a part of the house of peers , that their voices if they had been present , might by joyning with other lords of the same opinion , have carried the act of 17 caroli in the negative ; it follows that the seclusion of the bishops rendred that act , and all other acts made after their seclusion , void and of none effect . and this case of the bishops hath no similitude with the point in mr. bagshaws reading ( lately printed ) because there the bishops are supposed voluntarily to absent themselves , or being present to dissent , and so an act passed by the greater number of voices . nor doth the case cited by the author , come up to the case in question . for there the baronies being appropriate to the abbots , as they were abbots , when by act of parliament their abbies were given to the crown , and the covent or society of regulars dissolved ; the correlative , viz. the covent being destroyed , they ceased to be abbots , and consequently their baronies which they enjoyed as abbots ( the foundation failing ) were naturally annihilated . but the bishops though they were barons of the realm , ratione fundi & officii episcopalis : yet the act which ousted them of their peerage , left them bishops as they were before the act , and it was the bishoprick that was the foundation of their temporal dignity . and there is a great difference between the taking away of an estate , which by consequence destroys a dignity that depends upon it , and an act which directly and intentionally strikes at the substance of the dignity it self , which appears by the particular instance , that the abbots were not quarreld at for their baronies , but for the dissolutenesse and enormity of their abbeys . and to his project , that if the king would please to permit the long parliament to sit ; to prevent their perpetuating themselves , ( which ( saith he ) may inslave the king and kingdom to such a yoak of bondage , as we may never be able to break off our own necks , or the necks of our posterity any more ) his majesty may summon them before their sitting , and take their personal promise and engagement to confirm the acts of this parliament , and the first thing they do within a certain time to dissolve themselves . i would willingly know what colourable ground or pretence there can be for such a proposal ? for first , they are dissolved and of no authority , as i have before manifestly proved . secondly , the security of their performance is only a promise or engagement , which are easily broken , and if it were an oath , and they should by mischance do contrary to it , 't is very probable that the author would pretend he could salve up their credits and their consciences too ; again , with his usual distinction of their natural and politick capacity . thirdly , if they should break their promise or engagement , by the authors own confession ( for he sayes , the objection is very rational ) both the king and people are enthrall'd to a perpetual bondage , and where there is so little assurance on the one side , and so much danger on the other , the prince cannot in common prudence put his own and his kingdomes safety and honour upon so great a hazard , as to depend upon the honesty of a certain number of men ; who possibly may fail his expectation , especially ( as in this case ) for their own advantages . to the postscript . he begins his postscript with a falshood ; and t is not likely that he will penetrate farre into the house that stumbles in the porch : for there are not any great nor general dissatisfactions concerning the legality of this present parliament , whose authority he endeavours to shake , because first , the lords had no writs of summons . secondly , the commons were not chosen by the kings writ . thirdly , that this parliament began not with the royal presence . to the first i answer , that the use of a summons is but to give notice to the peers of the certainty of the time and place of their convention , and to authorise their meeting , which is the substantial part of the summons . now the king at his coming into the kingdom found them all met together , and therefore the ends of a summons being ▪ already satisfied by their being met at one time and place , and this meeting being authorized by the kings personal presence , there was no need of an actual summons ; and the writ is but a legal circumstance : so that a failer herein , is but a defect in formality , and not in substance . to his second i answer likewise , they are the authors own words , page 10. of his book , that the calling of parliaments in this or that kings name , to consult or advise with this or that king , these are but circumstantial things , and nothing of the essentials of government and the kingdoms welfare ; which is true , if it be rightly applyed . and the substance or end of the kings writ is to authorise the country to elect , and to notifie the time and place of their meeting , which was signified by that writ whereby this parliament was called . and as to the deficiency of that writ that it ran in the name of a commonwealth , that fault is but in the point of formality . and every one knew that at that time , though the writs spoke a commonwealth , yet they meant the kings majesty . and the author cannot deny , but that all the circumstances of a free and legal election were pursued in the choyce of those honourable and worthy persons that are now sitting in this present parliament , which shews , that herein likewise there is no deficiency in substance , but only in circmstance . now the substantial part being well observed , the necessity of the then present state of affairs in england , was and is a good justification and excuse of the defects alleged only in circumstance and ceremony : necessitas legum irridet vincula ; for even the divine lawes do admit a dispensation in the particular instances of an invincible necessity , as the laws of the shew-bread , and that of the sabbaoth . and therefore much more ought it to prevail against the smaller ceremonies in question , enjoyned by the law of this nation , which is a human law . and this may be proved , first because that in the case in question it will not be reasonably supposed , that they who first laid the foundations of the policy of this nation did intend that those punctilio's in the writ of summons should be so strictly observed , that in a case of so great necessity as ours was , the non-observance of them should vitiate their acts , who are not deficient in any of the material and substantial requisites to a legal parliament . and this is the argument of grotius in his jure belli in a like case . secondly , seeing the circumstantial instances , which the author excepts against in this parliament do only regard convenience , ( for the kings pleasure is the substance of the power that is given to the lords to meet , and to the counties and boroughs to elect members to serve in parliament , and the end of the writ of summons is only for the more convenient and certain manifestation of the kings pleasure , in order to a consultation for the publique good : ) it follows that when by reason of some extraordinary evil or danger , which oppresses or threatens the kingdom , it appears to be utterly inconvenient to the weal-publique , and impossible , to use those circumstances ( as it was at the calling of this parliament ; ) that in such a special case those circumstances ought to be omitted , because herein they are useless , nay opposite to the ends to which they were ordained in their first institution . thirdly , 't is common ( as in all other laws ) so by the laws of england , to allow a special priviledge to all those cases which are ushered in by a necessity not to be resisted , as you may read at large in plowden , fogassas case , fo. 9. & 13 , 18 , 19. not to trouble my reader with particular cases , in a matter that will brook no denyal . now who knows not , that at the time of the calling of this parliament , there was an armed power in this kingdom inimical to the restauration of his sacred majesty , and the ancient and legal government of this nation ; and that to have summoned the peers at all , or the commons , in the kings name , might then have been the occasion of a civil warr , and have hindred all those excellent defigns which by a more calm and prudent managery have been since effected and brought to passe : and therefore it is plain , that there was a necessity of calling the parliament ; because nothing but a parliament could repair the breaches of the nation , and the parliament could be called in no other manner , then it was without the hazard of a new war , and ( victory being uncertain ) of the dissolution of government . but it may be objected , that the necessity ended with the kings coming into england , and therefore another parliament ought afterwards to have been legally called . to which i answer , that the necessity which occasioned the calling of this parliament , was not only to invite home his majesty , but to confirm and secure him in the throne , and to do such other things for the safety and peace of the nation as could be only done by them with security to the king and kingdom ; and therefore the necessity of their sitting continued : first , till they had pass'd the act of oblivion ; because it being offered of the kings free grace , who was not otherwise bound but by his royal word in his declaration from breda , which referred to such exceptions as this present parliament should make : it had been unsafe for the nation , and would have be got fears in a great number of guilty minds , which might quickly have broken out into open commotions , if this parliament had been dissolved before that act had been pass'd for their pardon and indemnity . secondly , the king and kingdom were not safe , whilst an army was on foot , that was but a reconcil'd enemy ; and had not the authority of this parliament over-awed them till , and in , their disbanding , no man is certain ( and it had been great folly to have put a matter of that import into hazard ) whether they might not have broken their faithes and allegiance , being spurred on by despair , to have attempted some great rebellion , which might have brought us into a relapse of all our miseries , before an other parliament could have been summoned and convened . they who know the history of that army , will not think such an accident impossible : and therefore this parliament was necessitated to sit till they had disbanded the army , and effected all the other businesses that were depending thereupon , or in order to that end , which are now well nigh , but yet not fully perfected . thirdly , i conceive that the kings majesty is the only and proper judge when this necessity will be at an end , wherein ( as in all other things ) there is no doubt but he will govern his counsels with such care and prudence , as will describe him not to be more desirous of the love and affection of his particular subjects , then he shall be tenderly cautious , for the establishment of the peace and happinesse of the nation in general . as to the authors third exception , that the parliament was not begun with the kings personal or representative presence , what i have already said is a full answer . but i might say further , that there is no necessity that i should yield to him , that this exception is true . for all the acts of this parliament which have the effect of laws , were made with the royal assent , since his majesty was personally present with them , and though they met sometime before , yet that doth not hinder but that it might begin to be a parliament upon his majesties first access to the two honourable houses . and in the general , i affirm that the power and faculty of determining what is a parliament , according to the laws of this nation , lies not in any subject as such , but in the kings majesty , or the parliament , or both together , or in the judges of the land . but the king and parliament have by their act , entituled , an act for removing and preventing all questions and disputes concerning the assembling and sitting of this present parliament , with particular mention of all the authors three exceptions , determined the question against the authors rash and inconsiderate opinion . and the judges of the land do every day impliedly adjudge the same thing , by allowing the benefit of the act of oblivion to all those that are within the words or meaning of the said act. so that the author ought not to have interposed his little opinion , seeing it is a certain truth , that the judgment of the judges of the general courts of record is the law of the land , till it be altered by something else , of as high or a higher nature and quality . again , the principal defects which are alledged in the assembling of this parliament , are the want or defect in the writs of summons , which is only a legal signification of the kings command or authority for their election and convening ; and this is supply'd by the kings confirmation afterwards , in the aforesaid act. it being a rule in law , that omn-is rati habitio mandato aequiperatur , a confirmation afterwards is looked upon in law as the same thing with a command in the beginning . there is no need to cite any cases to prove this , whereof there is no scarcity of instances , if i asserted a long discourse . not to insist upon his unmannerlinesse with the present honourable houses , i shall only wonder at his boldnesse and folly , who might have been fore warned by that passage in the 3d instit. chap. parliament , which he so much inculcates , viz. arthur hall , a member of the house of commons , for publishing and discovering the conferences of the house , and writing a book to the dishonour of the house , was adjudged by the house of commons to be committed to the tower for 6. months , fined at five hundred marks , and expelled the house . yet i know the authors case is somewhat differing , he being ( t is said ) no member of the house of commons . but to conclude , 't is a strange thing that there should be some who cannot be contented either with rain or sun-shine , neque morbos nostros nec remedia nostra ferre possumus , was an old complaint , but much more applicable to the dregs of time , wherein we are fallen . we were before tormented with the anguish of our wounds , and now we quarrel with our plasters ; and like the great city mentioned by aristotle , because we cannot finde , wee make the causes of our own distempers . but the body politick hath had already too much of blood-letting , & there is no man but hath found a miserable experience too of the phlebotomy of purses . why then being poor , should we by our folly seek to banish from our selves the only good companion of poverty , quietness ? there was never any government so perfect but it had some naevi in the constitution , and some errors and miscarriages in the practice . he must take order to go to heaven , that will not brook defects on earth . and therefore we ought not critically too ensure the actions of our superiors , because we know not all the circumstances that encouraged and gave occasion for their counsels , and if we did we must make abatement of some grains to humane frailty , and the short-sightednesse of our knowledge , and the multitude of accidents which can neither be foreseen , nor prevented . such are the judgements of the wise and moderate . but detractors are the authors of their own blindnesse , and are like flyes which refuse the sound parts of the body , but suck and aggravate the unsound and the raw . they have pharisaicall consciences , and make that which they account vertue in themselves , to be a crime unpardonable in all the world besides , nil mihi vis & vis cuncta licere tibi ; there is no need to apply it . i shall only adde one lesson that the late wars have taught me , to resist the prince ( besides the sting of conscience ) can tend to no good end in policy . for every unlawfull change is destructive or hurtfull to the first instruments of that change : ( the most of those men that were the first movers in the late wars , or their executors , will make affidavit of the truth hereof . ) and if the prince prevails ( which is most likely ) the rebels are undone in their lives , relations , estates . if the rebellious prevail , the stirring spirits among them will rule and tyrannize over the rest , till by supplanting one another they make way for the princes restitution : so that after all the calamity , losse and danger of a warre , and the subjection to the tyrannical government of their equals , the greatest and best end of all is this only ; to be as they were ; and like the dove of noah , after a tyresom and dangerous journey in the air , to return into the ark again for rest and safety . i hope the nation will not any longer be deluded by impostors , who make religion and the liberty of the subject the stalking horses to their own privat designs ; but that if they must needs contend , they will rather strive who shall be most forward to be an instrument for the advancement of religion , and the settlement of this hitherto distracted nation upon the pillars of justice and a lasting peace . eritis insuperabiles , si fueritis inseperabiles . finis . notes, typically marginal, from the original text notes for div a91212e-300 p. 3. p. 4. perfect narrative ▪ 3d instit. 8 , & 12. cor l. 6. f. 31. p. 5. first argument second argumen : 3d instit. p : 14. 3 instit. 35 , 37. 3 instit. 41. hobard 87. 3 instit. 37. libr. citato . ro parl. 42 e. 3. num . 7. 3 instit. 14. ibid. in margine . arg. 3. hob. 346. 2d instit. 23. co. l. 3. f. 2. co. li . 7. f. 13. co. l. 7. f. 6. plowd 204 , 205. mr. pryns true and perfect narrative , p. 24. argum 4. 3d instir . 6. 28. plowden 213. 3d instit 25. 3d instit. 35. l. 1 , c. 3. ● 18. fortesc . cap. 9. p. 17. seldens titles of honor p. 282 , 347. grotius de jure belsi l. 2. c. 21. sect. 10. p. 18 , 19. p. 18. p. 19. 1 kings c. 21. matth. 12. 1. ● . 1. c. 4. sect. 7. 3d instit. 23. conclusion . seneca . politio● . martial . machiav . in princ. to the right honorable will: lenthal speaker to the parliament by him to be communicated to the members sitting at westminster. this text is an enriched version of the tcp digital transcription a94682 of text r211510 in the english short title catalog (thomason 669.f.23[15]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a94682 wing t1716 thomason 669.f.23[15] estc r211510 99870231 99870231 163671 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a94682) transcribed from: (early english books online ; image set 163671) images scanned from microfilm: (thomason tracts ; 247:669f23[15]) to the right honorable will: lenthal speaker to the parliament by him to be communicated to the members sitting at westminster. lenthall, william, 1591-1662. 1 sheet ([1] p.) printed for edward thomas at the adam and eve in little brittain, london : 1659. [i.e., 1660] an address from the county of berks, praying for a free parliament and the recall of the members secluded in 1648. annotation on thomason copy: "jan. 26." reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. berkshire (england) -history -17th century -early works to 1800. a94682 r211510 (thomason 669.f.23[15]). civilwar no to the right honorable will: lenthal speaker to the parliament. by him to be communicated to the members sitting at westminster. lenthall, william 1659 467 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2007-07 emma (leeson) huber sampled and proofread 2007-07 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the right honorable will : lenthal speaker to the parliament . by him to be communicated to the members sitting at westminster . whereas wee the gentlemen and freeholders of this county of berks , were generally met together at abingdon , upon some intimation of an election of a knight of the shire , in pursuance of your order , for the filling up of this parliament ; and that some solicitations were used throughout the county for voyces , and being jealous to be surprised therein by any clandestine carriage of the writ : and whereas at this meeting it was further taken into consideration , that this county have with the rest of this nation been deeply sensible of many insupportable grievances and oppressions of late dayes , occasioned through the want of a real , setled , and regular government ; and in particular , that the commissioners for the militia having formerly charged the countrey to provide arms , which was done accordingly , the said commissioners do yet direct their warrants for the bringing in of twenty shillings for every foot arms ; which we are very confident is besides the intent of the act which impowers them , and are ignorant otherwise by what authority they proceed therein ; that therefore , having seriously consulted the remedies which might be proper for these and the like inconveniences for the future , and by gods blessing reduce us unto a firm , free , and legal settlement of our rights , civil and religious ; wee conceived it to be our duty towards god and our countrey , without any private ends whatsoever , to declare our selves in this sense ; that we take the most satisfactory expedient for it , will be , the recalling of all those members that were secluded in 1648. and that before the first force upon the parliament . and , that in the elections which shall be of any other members in the vacant places , such due course may be taken , as that the countrey may not any way be surprised or over-awed therein : and , that the secluded members may be admitted to sit without any oath or engagement to restrain their freedome in the least ; wherein we shall be ready to defend you and them with whatsoever is dearest unto us , against all opposition : and pray unto almighty god for his assistance to the happy accomplishment of what may best conduce to the peace and safety of this nation . [ this is subscribed by most of the chief gentlemen and freeholders of the county of berks. ] london , printed for edward thomas at the adam and eve in little brittain . 1659. die veneris 28⁰ martij, 1690. upon reading this day in the house the several lists delivered in by the sheriffs of london and middlesex, the bayliff of the borough of southwark, the marshal of the marshalsea, and the steward of westminster, and their officers to whom it did belong, pursuant to an order of the twenty fourth instant, of the protections entred in their offices, in the names of any peers, or members of this house, and to whom they were granted ... proceedings. 1690-03-28 england and wales. parliament. house of lords. 1690 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a38336 wing e2861 estc r216377 99828108 99828108 32535 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a38336) transcribed from: (early english books online ; image set 32535) images scanned from microfilm: (early english books, 1641-1700 ; 1946:12) die veneris 28⁰ martij, 1690. upon reading this day in the house the several lists delivered in by the sheriffs of london and middlesex, the bayliff of the borough of southwark, the marshal of the marshalsea, and the steward of westminster, and their officers to whom it did belong, pursuant to an order of the twenty fourth instant, of the protections entred in their offices, in the names of any peers, or members of this house, and to whom they were granted ... proceedings. 1690-03-28 england and wales. parliament. house of lords. 1 sheet ([1] p.) printed by charles bill and thomas newcomb, printers to the king and queens most excellent majesties, london : m.dc.xc. [1690] "the lists of protections delivered by the sheriffs of london and meddlesex, bailiff of southwark, ... were read (by order 24th inst.). all protections now given are voided. all protections must be entered in the parliament office at westminster by the clerk of the parliaments, stating the office held under the peer or member. the clerk is to give the house an account fo the first day of the session and every fortnight after the persons under protection. this order to be printed and published and hung up." -steele. signed at end: jo. browne, cleric' parliamentor'. title from caption title and first lines of text. steele notation: delipreventing are. reproduction of the originals in the guildhall library, london (early english books) and the british library (misc. brit. tracts). created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. -house of lords -privileges and immunities -early works to 1800. great britain -history -william and mary, 1689-1702 -early works to 1800. 2008-09 tcp assigned for keying and markup 2008-11 spi global keyed and coded from proquest page images 2009-01 mona logarbo sampled and proofread 2009-01 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion die veneris 28 o martij , 1690. upon reading this day in the house the several lists delivered in by the sheriffs of london and middlesex , the bayliff of the borough of southwark , the marshal of the marshalsea , and the steward of westminster , and their officers to whom it did belong , pursuant to an order of the twenty fourth instant , of the protections entred in their offices , in the names of any peers , or members of this house , and to whom they were granted ; after due consideration had of the numbers of persons therein protected and for preventing the like irregularities for the future , it is ordered by the lords spiritual and temporal , in parliament assembled , that all the protections which are now given by any peer or peers , or members of this house , be and are hereby declared to be null and void to all intents and purposes whatsoever ; and that for the future there shall no protection or protections be allowed to be good , valid , or of any effect , unless they be first entred in the parliament office at westminster ; and the protection so certified by such peer , or member of this house , shall be entred by the clerk of the parliaments , or his deputy ; and that in every such protection that shall be so allowed by the clerk or his deputy to be entred , there shall be mentioned in it the nature or quality of such person so protected , and what office or place he is in under such peer , or member of this house . and that no persons whatsoever may pretend ignorance herein , it is further ordered , that on the first day of the meeting of every parliament or session of parliaments , and every fourteenth day after in every such parliament , or session of parliament , the clerk , or his deputy , shall give the house an account of what protections are entred in the said office , and to whom they are given : and also , that this order be printed and published , and hung up in the offices where any such protections usually are entred . jo. browne , cleric ' parliamentor ' london , printed by charles bill and thomas newcomb , printers to the king and queens most excellent majesties . m. dc . xc . a short history of the last parliament blackmore, richard, sir, d. 1729. 1699 approx. 87 kb of xml-encoded text transcribed from 32 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-11 (eebo-tcp phase 1). a28302 wing b3088 estc r23169 12493357 ocm 12493357 62440 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a28302) transcribed from: (early english books online ; image set 62440) images scanned from microfilm: (early english books, 1641-1700 ; 307:1) a short history of the last parliament blackmore, richard, sir, d. 1729. drake, james, 1667-1707. 64 p. printed for jacob tonson ..., london : 1699. written by richard blackmore. cf. nuc pre-1956. wrongly ascribed to james drake, m.d. cf. halkett & laing (2nd ed.). reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. great britain -history -william and mary, 1689-1702. 2003-07 tcp assigned for keying and markup 2003-07 apex covantage keyed and coded from proquest page images 2003-09 tonya howe sampled and proofread 2003-09 tonya howe text and markup reviewed and edited 2003-10 pfs batch review (qc) and xml conversion a short history of the last parliament . the honourable conclusion of the late war with france , to the great mortification of his majesty's enemys , the satisfaction of his friends , and the admiration of all men , must thankfully be acknowled'd as chiefly owing to his majesty's great wisdom , invincible courage , and inflexible resolution . by his courage he rekindled the decaying fire of this warlike people , taught them by his conduct , and provok'd them by his example to equal the atchievements of their valiant forefathers , and thereby restor'd to england the ancient reputation of her arms. but by his wisdom he procur'd us an honour we never could before pretend to ; he made england a match for france , as well in the cabinet , as in the camp ; and gain'd by a wise treaty more , than by arms had been won in the field . for any potentate to unite many states and princes disagreeing in interests , inclinations or religion , in a strict confederacy against a common enemy , and to preserve that alliance unbroken for many years together , notwithstanding the great losses those allies sustain'd , and in despight of all the attempts of foreign and domestic enemys to dissolve their union , must be acknowledg'd by all the world , as the effect of a refin'd and masterly judgment : yet this honour , which perhaps has no example , is by the confession of all , due to his majesty , who was the only center in which so many various lines could meet , the only head which such differing interests could confide in , as capable to direct them in a juncture of time , when the libertys of all europe lay at stake . we are likewise greatly indebted to the bravery and fidelity of his majesty's fleet and army for our present peace , and the blessings that attend it . it must be own'd to their great honour , that our officers and common men , as well by land as by sea , notwithstanding any disappointments they at any time met with , did on all occasions show a courage and resolution equal to that of their warlike ancestors ; a courage that became the subjects of such a prince , and such a general ; a courage worthy of the noble cause in which they were engag'd ; the preservation of their religion , laws and libertys . and therefore no praises can be too high , nor can any rewards consistent with the publick good for which they fought , be look'd on as too great for men who have merited so much of their country . and yet it must be confess'd that so great a prince and so great a general at the head of such brave and loyal men , could never have been able to have brought a war with such a potent adversary to a happy issue , had not the parliament of england concurr'd with him , and stood by him with so much constancy and unanimous affection . 't is therefore to these worthy patriots that we owe , in a great measure , our present security , and the establishment of our laws and religion . the people of england ought to have a due reverence and affection for their representatives in parliament , and to maintain their honour , even when in distemper'd times it might happen , they should act some things against the publick good , not only because they are a part of our constitution , but likewise that particular part which the people have entrusted to look after and manage their interests ; for should the people desert their representatives , they would be felo de se , and one day run a hazard of losing that part of their constitution . and if it be the duty and interest of the people , not to despise , or run down indifferent , or bad parliaments for the reasons mention'd , what applauses , what expressions of affection and gratitude are due to good ones ? and indeed if any of our parliaments ever rightly understood , and zealously pursu'd the true interest of their country , those that have been call'd , and sate since the happy revolution , must be allow'd with the greatest justice to have merited that character . if to have stedfastly adher'd to the interest of europe against a common enemy : if to have chearfully supply'd his majesty with the sinews of war , to enable him to carry it on with vigour ; and by such ways and means as were least burdensom and uneasy to the people ; if to have discern'd and prevented the greatest dangers that could threaten a nation ; to have conquer'd difficulties of state of the highest nature , and to have persever'd so many years , thro' an obstinate zeal for the good of their country ; to support his majesty till his arms had procur'd an honourable peace , and thereby establish'd our government , our religion and our property : if this be to have deserv'd well of the english nation , the parliaments have been speaking of , have at least equal'd the glory of their greatest ancestors . their love to their country , and capacity for publick business , have appear'd in a very eminent manner : 't is easy and pleasant to sail in good weather before the wind ; but to steer true and steddy in a storm , to beat it against the wind ' midst rocks and shelves on either hand , and to make the port at last in safety , this must be allow'd to be a master's work . these parliaments therefore , and particularly those among them who had the chief direction of affairs , having like wise and careful patriots , done so much in their hard station toward bringing matters to this successful issue , must deserve all the grateful returns that can be from their country . their honour is the more particular , inasmuch as men of great capacity for business of state , are so very rare : for it may be truly said , that a thousand men are born in this kingdom fit for arms , to one , that has solidity of judgment , quickness of apprehension , compass of thought , and clearness of sight , proper for the management of publick affairs . what has been said of the several parliaments assembled since his majesty's accession to the throne is more eminently true of the last ; which pursu'd the designs of the former with the greatest skill , as well as the warmest zeal . this august assembly had the hardest tasks imaginable upon their hands , and to give an impartial and succinct relation of their principal proceedings , of the wise measures they took to remove the evils we felt , and to prevent greater which we fear'd ; and to find sufficient supplys for the carrying on the war , till at last they had the satisfaction to see it issue in an honourable peace , is the design of the following papers . when this parliament first came together , they found themselves engag'd in variety of business of great nicety , and most important consequence . to maintain our new settlement after the late happy revolution , we had a war upon our hands with a mighty prince ; who by his naval strength , as well as by the number and discipline of his land forces , by the wisdom of his counsels , and his constant successes , was grown the terror of all europe . this potent monarch protected the person , and espous'd the quarrel of the late abdicated king ; and looking on his honour and interest alike concern'd , us'd his utmost efforts by arms to re-enthrone him . and notwithstanding england had hitherto with great resolution and alacrity born the weight of this heavy war to preserve all those advantages ; that is , whatever is dear to an english freeman and a protestant , which were procur'd by their late deliverance , yet some of the wisest and clearest-sighted among those who were hearty friends of the government , grew diffident of the event . they question'd our ability to support our selves under so burdensom and expensive a war , while the enemys of our settlement were insolently sure of over-turning it . 't is true indeed , we had at the head of the government one , from whom we might expect all things that with reason could be hoped for , from the courage and conduct of a wise prince , and an accomplish'd general ; one , who to protect a nation which with so much glory he had before delivered , freely and frequently expos'd his life , as if it had been the life of a common man , to all the dangers of the sea , and all the hazards of battle by land ; and who the year before by his reduction of the important fortress of namur , in the sight of almost all the power of france , had struck a damp upon our enemys abroad , and rebuk'd the confidence of the malecontents at home . but notwithstanding the nation might with the fullest assurance rely upon his majesty for every thing that could be ask'd , or expected from the greatest prince , and most watchful father of his country ; yet the people could not be without their fears , lest he should one day fall by the hands of saul , and the kingdom be crush'd by the disproportion'd power of our enemys . they doubted whether the nation , tho' ever so willing , would be able to grant to his majesty the necessary supplys , for carrying on so necessary a war. but besides what we had to apprehend from so formidable a foe abroad , we had a great deal to fear from our treacherous enemys at home . for tho' the body of the nation was infinitely pleas'd with the late revolution , and thankfully acknowledg'd the unvaluable benefits that attended it , yet a considerable number were impatient of their deliverance , and rav'd at the restitution of our libertys and religion . our warlike david found his most dangerous enemys were at home , if not of his own houshold . the whole body of the papists were his enemys , and the reasons of their enmity are too obvious to mention . besides these , a great number of moderate protestants , and such as were the creatures and dependants of the late government , and had embark'd in , or wish'd well to the glorious design of enslaving and ruining their native country , men of arbitrary and tyrannical principles , fixt and setled in their hatred to the constitution of our government , and the libertys of the english nation , these , and many others that did not find their account and particular interest in the present settlement , became its enemys ; and by open or clandestine ways , endeavour'd to streighten or subvert it . these men were very zealous to deliver us from our laws and libertys , and to restore us to the privileges of our egyptian burdens . the ungrateful murmurers spoke of stoning the moses that rescu'd them ; and unable to bear their happy deliverance , with threats and violence demanded their heavy tasks , and their old oppressors . these men , according to their different posts and tempers , in different ways , assisted the foreign enemy . all arts and methods tho' ever so base and unworthy , which wit quicken'd with malice could invent , were employ'd to weaken the reputation of the government . sometimes they flew openly upon it with bitter invectives , sometimes they secretly stab'd it with malicious suggestions and sly insinuations . they traduc'd all that were in publick employ , and expos'd them to contempt ; they worried their names with base and groundless calumnys , attributing many of our misfortunes not to be foreseen , and therefore not to be prevented , to the treachery or negligence of our most faithful and vigilant ministers . and 't is no wonder these fierce creatures fasten'd so greedily on the characters of our greatest ministers , when his majesty himself , who had merited as much as any prince ever did of his people , could not escape their disloyal reflections . they were very fond of propagating any ill tydings , or false reports , that might any way lessen the credit of our administration , increase the fears of the people , and cool their affection to the government ; what unnatural and salvage joy did they express when they heard of any losses that befell the nation , which they cruelly aggravated , and with no less zeal they diminished and slighted the advantages we at any time obtain'd : they could by no means dissemble the secret pleasures they felt , when they had any fresh hopes of seeing their country speedily undone . england , as before mention'd , being engag'd in a war with france for the preservation of the late happy settlement , great supplys were absolutely necessary to enable his majesty to sustain the force of a kingdom , which by their own wise administration , and the supineness of england in the late inglorious reigns , was grown so potent , that now it requir'd a longer sword to resist , than heretofore to conquer it . and for this reason , without the least flattery , his majesty has acquir'd more honour by controuling the power of france , than any of his great predecessors did by subduing it . the parliaments therefore resolving to carry on the war with vigour , were oblig'd to lay great taxes on the people , tho' not greater than the necessity of affairs requir'd ; and the war continuing so long , they could not be insensible of the burden . of this the malecontents took the advantage , and represented in all companys , that the government must of necessity sink under its own weight , and that our heavy taxes , by reducing us to extream poverty , would inevitably prove our destruction . they never ceas'd declaiming on this popular subject , and galling the people in this tender part ; hoping to make them weary of a government which was represented so burdensome ; and at last , perswade them rather to let in the deluge , than to be at the expence of maintaining their banks . besides these adherents to the late king's interest , there were others , who tho' great asserters of the late revolution , and averse enough to a second ; yet , from i know not what private disgusts , personal quarrels and disappointments , grew sowr and uneasy ; and to express their resentments in all conversation , endeavour'd to bring our administration into contempt ; they were for breaking the confederacy , and against raising such large sums of mony for carrying on the war ; they were for distressing and streight'ning the government , but not for overturning it . they were willing it should continue ; but they were for clogging its wheels , that it might move heavily ; in short , they were against all things that the known enemys of the government were against ; and for all things which they were for , unless the overthrowing of the present settlement , and the restoration of the late king ; that is , they were for all the means that would certainly bring about the end , but not for the end it self . however , under this plausible pretence of declaring against great taxes , and by other popular oppositions , they thought to recommend themselves to their country , as great patriots ; tho' at the same time , the greatest enemys of the government had in this respect , as good a title to the favour of the people ; whom they would gladly have deliver'd from their taxes , and thereby have eas'd them of the means of their preservation . the proceedings of these men were of all others the most absurd and unaccountable ; and the opposition they made ; seem'd to be the effect of some strange infatuation . the best apology that can be made for 'em is , that they were guided by a false notion of popularity ; and suppos'd that the character of a patriot was without distinction of times or persons , to be ever against the court , and in all cases whatsoever . notwithstanding these men could not but be sensible , that the preservation of their religion , laws and libertys , was inseparably interwoven with that of the government ; that the face of affairs was so far alter'd by the late happy revolution , that the interest of their country was plainly the same with that of the court ; which appear'd , as well by the opposition that was made to it by all those whom these men themselves ever look'd upon as the greatest promoters of popery and arbitrary power ; as by the principles of liberty by which the government was brought about , and on which it must always stand ; and notwithstanding this was a government of their own seeking . and than which they could never expect any other more favourable to them , either in their civil or religious interests ; notwithstanding all this , such a satisfaction it was to thwart a court , such a pleasure to express a private resentment , and by the same act to be thought popular , that these men to the admiration of all , and with the secret derision of their new friends endeavour'd what they could to make the government uneasy . moreover , at this time another difficulty lay heavy upon the nation : our current coin had many years before began to be clip'd , a mischief which of late had been secretly carry'd on , and promoted by the enemys of the government , and the dangerous consequences of it not being heeded or wilfully neglected , and therefore no remedy being apply'd , our mony wgs now become so far diminish'd and debas'd , that the nation suffer'd unspeakably by it , both in carrying on the war , as well as our commerce . the cure of this evil could no longer be delay'd , without apparent and inevitable ruin. the adherents to the late king , and the disaffected to this , observ'd it with unconceivable joy. they were very confident the government must unavoidably split on this rock , and that this single mischief was enough to sink it . and tho the friends of the government and their country ( i call them so , because the interest of both are now so inseparably united , that 't is impossible to be one without being the other ) were fully convinc'd that this grievance ought to be redress'd ; yet how to effect it in such a conjuncture , without bringing the nation into the utmost confusion , was enough to puzzle men of the deepest reach , and greatest capacity . our enemys abroad , after the glorious success of his majesty's arms the last campaign in flanders , grew very diffidenr of the issue of the war. after this blow which wounded them in so sensible and tender a part , they express'd by their behaviour and language , how much their hopes of subduing us by force were abated ; they could not but foresee , that if his majesty could appear in the field the next summer in the same circumstances as he did the last , it would be very hard , if not impossible , for them to oppose his arms. to prevent this , they had two things to wish and promote ; one was to embroil our affairs by creating mutinys at home , the other to ruin our credit , and thereby disable us from carrying on the war abroad . the first they hoped would be effected by the ill state of our coin ; for to neglect that disease , or to attempt its cure , they judg'd would alike produce such intestine disorders as would prove our destruction : and as to our credit they judg'd , that if by any means that of the bank of england could be destroy'd , which was then the great support of the nation , and was by experience found to be so the following summer , when it contributed so much to the support of our army , at a time when the bank it self labour'd under the greatest streights , it would be impossible for us to maintain our army abroad ; and for this reason they engag'd their friends in england to employ themselves with the utmost diligence , to aggravate the inconveniencys of not recoining our mony if that should be neglected , or to embarrass and entangle as much as they were able , the methods of recoining it , in case that should be agreed on , and thereby make it grievous and insupportable ; and in case any miracle should happen , that this great business should be accomplish'd without the confusion that was expected to follow , they were instructed to leave no stone unturn'd , whereby they might hope to destroy the publick credit , and particularly that branch of it that remain'd most entire , the bank of england . if either of these designs , and much more if both succeeded , they were well satisfy'd it would be impossible for the king to appear in flanders the next spring in that formidable manner he did the year before . in this posture our affairs stood , and indeed this business of the coin was such a complicated , and almost inextricable a mischief , that notwithstanding this parliament , as will appear in the sequel of this history , appear'd a most wise assembly , and did wonders for the preservation of the government , and their country ; yet it may be perhaps allow'd , that some unfitting and unwary steps were made , when they first enter'd upon so delicate and intricate an affair ; and indeed the novelty as well as the nicety of it was such , that it was their honour they made no more , if indeed they made any . it is not certain , that if according to some resolutions , the silver mony had been all call'd in at once , and then paid out as fast as recoin'd , according to the respective appropriation , we should not have run into the greatest confusions ; for 't is not easy to tell how the smaller necessities of life and commerce among the people could have been maintain'd , had the mony been call'd in all at once , or how the new mony should have freely circulated , had it been all paid out as appropriated ; for it seems that the monied usurers , and the goldsmiths , must of necessity have receiv'd the far greatest part , who were not likely to part with it without great advantage : and if these had been the consequences , 't is plain the nation could by no means have subsisted ; and as some men apprehended , that had the parliament proceeded in these steps , this confusion would have follow'd ; so they were afraid , that if the second bank that was intended to be set up , had been establish'd , it would have prov'd so great a diminution of the credit of the former , that it had been impossible to have supported our army in flanders ; and if that had been the consequence , we must have been contented with what terms of peace our enemys would have been pleas'd to give us . whether these resolutions would have produc'd these effects which many apprehended , is not certain , they being never put into execution ; but this is certain , that if these measures were wrong , the parliament soon after recover'd themselves , to their great honour ; for even then when they found themselves perplex'd , and almost opprest with their hard affairs , yet such was their zeal for the service of their country , such their courage and resolution , that they broke thro' all their amazing difficultys , and made the way to a prosp'rous conclusion . besides , at this time tho' 't is plain by the event , that the nation had treasure enough to support the war , yet the ways of coming at it were grown very difficult . the former parliaments chose rather to establish funds for publick supplys , than to use any methods of raising them within the year ; divers branches of the king's revenue were by his majestys own consent , subjected to great anticipations , and the most easy and obvious funds were already setled , and sufficiently loaded ; so that by the continuance of the war , it became much harder for this , than for the preceding parliaments , to find out ways to defray the charge of it . this was the posture of affairs when this memorable parliament first sate down . these were the complicated diseases under which the nation labour'd , when these physitians of state met together to consult about proper remedys . now to judge right in such nice and perplex'd cases , and to extricate a kingdom from such various and pressing difficultys , is a task worthy of wise and great men ; and when 't is duly consider'd what condition this parliament found the nation in , what hard work lay before them , and how they surmounted the frightful difficultys they had to contend with , whereby they defeated the hopes and expectations of their enemys , and setled the nation in peace and tranquility , it can't but raise in us a mighty esteem of their love to their country , as well as their courage and great capacity . his majesty having finish'd the campaign in flanders ninety five , no less to his own honour than the general satisfaction of his people , arriv'd in england the fourteenth of november , where he was receiv'd with as loud applauses , and as great demonstration of publick joy and affection , as have been express'd on any occasion . he met the parliament on the two and twentieth day of november following ; and at the opening of the sessions , both houses with great zeal and unanimity , in a very loyal address to his majesty , congratulated the success of his arms in flanders , and his safe return to his people : in which they likewise assur'd him of their stedfast resolution to support his majesty and his government , against all his enemys at home and abroad ; and effectually to assist him in the prosecution of the present war. the great thing this parliament had to do , and which they undertook with great alacrity , was to find out ways to discharge the expence of the war , and to carry it on with vigour , till they could bring it to a safe and honourable conclusion ; this they were resolv'd to do with the utmost care and application . but at the same time , to shew their zeal for the ease of the people who chose them , and the security of their lives and estates , before they so much as enter'd upon any publick business , a bill was brought into the house , and read the first time , for regulating trials in cases of treason and misprision of treason ; where many things which the people complain'd of as grievous , were remov'd or mitigated . this bill in a short time past both houses , and was one of the first that receiv'd the royal assent this session : by which gracious condescension his majesty was pleas'd to let his people see , that he was as ready to contribute every thing in his power , for the ease and safety of his subjects , as they were every thing in theirs , for the support of his majesty and his government . about the second of december , the house of commons voted a supply for carrying on the war , and proceeded to proportion it according to the estimates relating to the navy , army , and our allies . they endeavour'd all that was possible to raise the supplys they had voted , by such ways and means as might keep the people from being querulous and uneasie . and notwithstanding the lands of england had all along born so great a share of the publick charge , and that now there might be a greater pretence than in former parliaments , to ease the landlord ; yet the house resolv'd not to spare themselves , but tax'd land four shillings in the pound . they were contented to share the expence of the war , and chose rather to burden themselves than their tenants , acting in this like wise generals , who to encourage their troops , and engage their affection , put them upon no other hardships than what themselves are most forward to undergo . about this time the parliament enter'd upon the great affair of the coin ; and whether it was necessary or expedient to recoin the silver mony , was the first question . the arguments were indeed weighty on either side . the reasons against calling in and recoining our mony were , that this was no fit conjuncture for it . that the nation was engag'd in a burdensome and doubtful war , by which the kingdom had already greatly suffer'd , and of which it grew every day more sensible . that therefore the people on whose good affection the government so much depended , should not be provok'd by fresh superadded grievances , greater than any they had yet felt , as those would certainly be , that must arise from calling in our coin. that if this was done , however things might be manag'd and accommodated at home , it was impossible to maintain either our foreign commerce , or our foreign war ; for neither the merchant could be paid his bills of exchange , nor the soldier receive his subsistence . that this therefore was to lay the axe to the root , and to dig up the foundations of the government . that if this design was prosecuted , trade must stand still for want of mutual payments , whence such great disorders and confusion would certainly follow , as would discourage and dishearten the people in the highest measure , if not drive them to a perfect despair . that therefore the recoining our mony at this time , was by no means to be attempted without hazarding all . 't was alledg'd by those of the contrary opinion , that the mischief would be fatal , if a present remedy was not found out and apply'd . that by reason of the ill state of our coin , the change abroad was infinitely to our prejudice . that the supplys that were rais'd to maintain our army would never attain their end , being so much diminish'd and devour'd by the unequal change and exorbitant premiums before they reach'd the camp. that this was the unhappy cause that our guineas were mounted to thirty shillings , that therefore to our great loss , all europe sent that commodity to this profitable market ; and would continue to do so , till we should be impoverish'd and undone by our plenty of gold. that we must exchange for their gold , our goods or our silver , till at last we should have only guineas to trade withall ; which no body could think our neighbours would be so kind to receive back at the value they were at here . that therefore this disease would every day take deeper root , infect the very vitals of the nation ; and if not remedy'd , would soon become deplorable . that our enemys would sooner be induc'd to agree to honorable terms of peace , in case they saw us able to surmount this difficulty by the retrieving the ill state of our coin , on which their hopes of our speedy ruin so much depended . that it would justly create a mighty esteem abroad of the greatness and wisdom of the parliament of england , which was able to conquer such an obstinate and almost insuperable evil in such a juncture of affairs . that our enemys must be mightily intimidated by so great an action ; and that it would be natural for them to conclude , that nothing would be impossible for a people , who were able to disengage themselves from such an intricate mischief , and get above difficultys that were look'd on as invincible . this matter being fully debated , after all their deliberations , the parliament resolv'd to call in and recoin our mony , looking on it as an essential and capital point that requir'd , as certainly it did , their immediate application , and utmost care. they resolv'd to do it at any rate ; and to use all imaginable endeavours to make it as easy to the people as it was possible for such a remedy to be . they chose rather to run the hazard of some great inconveniencys , by attempting the cure , than by their longer neglect of it , to expose the kingdom to apparent ruin. this step being made , the next was to consider whether the several denominations of our new mony should have the same weight and fineness as the old , or whether the establish'd standard should be rais'd ; and this question produc'd many debates . those who were for raising the standard argu'd thus : that the standard of our coin'd silver ought to bear proportion to silver in bullion . that the price of an ounce of silver bullion was advanc'd to six shillings and three pence ; and therefore the standard ought to be rais'd to an equality . that the raising our standard would prevent the exportation of our coin , which had been much practis'd to the great prejudice of this kingdom ; that it would prevent its being melted down ; and men would be much encourag'd to bring in their plate and bullion to the mint . those who were for preserving the old standard in our coin , urg'd that the worth of mony was relative , and to be rated by the measure of such goods , labour , and advice , skill or other assistances , as could be purchas'd from another by our parting with it . that the value of mony among people that liv'd under different municipal laws was intrinsick , and consisted in its weight and fineness . that common consent had given it this value for the common conveniency of supplying one anothers wants . that the weight and fineness was the only worth that other nations regarded in our coin , or we in theirs . all mony being between subjects of different governments , of no greater value , excepting the workmanship , than so many pieces of uncoin'd bullion . that therefore should our standard be alter'd , we should still be upon the same foot with our neighbours ; for if we were to pay them for their goods , or exchange our mony with theirs , whatever denomination we gave our mony , they would in their change ever reduce it to an equality with theirs , and proportion the quantity and goodness of their commoditys to the weight and fineness of the mony they were to receive for them . that therefore in respect of our foreign commerce , there was no reason to alter our standard . and at home they said , that if the standard was rais'd , great confusions would attend it , the landlord would be defrauded of a great part of his rents , and the creditor of his debts . that the seaman and the soldier would be wrong'd in their pay , &c. and many the like injurys and inconveniencys would happen : that it was no answer to say , they might buy as much goods and conveniencys of life with this coin rais'd above its standard , as they could before ; because by degrees , the seller would infallibly raise the price of his goods in proportion to the new rais'd standard ; and that of this there was an instance before them , all commoditys being greatly rais'd in their price , while guineas were paid for thirty shillings . that whereas it was alledg'd that the price of bullion was risen to six shillings and three pence , and therefore the standard of our silver coin ought to be rais'd likewise : it was reply'd , that it was a thing impossible that the price of silver could ever rise and fall in respect of it self ; that it was an unchangeable truth , than which no mathematical demonstration could be clearer , that one ounce of silver would be ever worth another ounce of the same fineness , and no more , allowing some inconsiderable disparity upon the account of the coin , if one ounce be in mony , and the other ounce in bullion . that 't was true indeed , that the people commonly gave six shillings and three pence for an ounce of bullion ; but they gave only clipt pieces , that had no more than the name or sound of shillings and pence , but were by no means the things themselves . that is , they were not the standard shillings of due weight and fineness , and so were no more shillings in the just sense of the word , than an ell is an ell when the third part of it is cut off , or two halfs of a broken yard are each of them a whole one . that the case was so plain , that when they demanded of those that affirm'd an ounce of bullion was worth six shillings and three pence , whether they meant six mill'd shillings and three pence , they knew not what to reply ; for this alteration of the value of bullion was merely in relation to the diminish'd mony. and to make it yet more evident , they urg'd that it was then matter of fact , that with five shillings and two pence of new mill'd mony , they could buy as much bullion as they pleas'd , while those who bought it with clipt pieces paid six shillings and three pence . that whereas it was urg'd that the raising the standard would prevent the exportation of our mony , it was reply'd , that there was no other way possible to keep our mony at home than by out-trading our neighbours ; that is , by sending them more commoditys , or of greater value , than those we receiv'd from them ; for if so be upon the ballance of trade we were found in their debt , there was no way left but to pay it in coin or bullion ; and that therefore whatever denomination we gave our coin , we must be necessitated to send it abroad , if the commoditys we exported could not pay our debts . that all the other arguments for raising the standard would sink to the ground , in case these two on which the rest were built , had no reasonable foundation . after the debates on this subject , the house came to a resolution , to recoin the mony according to the old standard , both as to weight and fineness . and to make it more easy to the people , they voted a recompence for the deficiency of the clipt mony. when the parliament undertook this sowr and knotty piece of work , they were not insensible of the inconveniencys that would arise from it ; the principal of which , and the spring of most of the rest , would be a cessation of payments , and thereupon an interruption of commerce for want of the circulation of our mony during its recoining . this trading nation could not live , unless this vital current was constantly maintain'd ; and our gold alone was not sufficient for that purpose . to obviate this evil , which must have been fatal had it not been prevented , was enough to try the skill , and stretch the imagination of the ablest statesmen . 't was plain , england could not subsist unless some expedient was found out to support its trade , till the new mony return'd from the mint ; and to hit of such an expedient , was indeed a very difficult task . they therefore agreed to call in the mony by degrees ; that while some denominations of coin were suppress'd , others might be current , hoping that before the last old mony should come in to be recoin'd , so much of the new might circulate from the mint , as might sufficiently answer the necessitys of the nation . but this expectation was partly defeated by the backwardness of the people to receive any old mony , tho' allow'd at present to pass , apprehended at last it should be left upon their hands at a great loss , partly from the slowness of recoining in respect of the peoples wants , tho' otherwise dispatcht with all the expedition imaginable in so great an affair , and partly by reason of the unequal intrinsick value between the new mill'd mony and those pieces or denominations of the old which were allow'd to be current , and in which payments were usually made ; for while the hammer'd mony , and pieces not clipt within the ring , were permitted to pass for the present necessity of trade , no body was willing to make payments in new mony , which so much exceeded the old in its intrinsick worth. and therefore the new silver mony as fast as it issued from the mints and the exchequer , was in a great measure stopt in the hands of the first receivers ; for none were dispos'd to make payments in the new silver coin at the old standard , when they could do it in clipt pieces so much below it . and those who had no payments to make , kept their new mony as medals and raritys in their chests ; and there is too much reason to believe , that at first a great deal of the new mony by help of the melting pot , went abroad in ingots to purchase gold , which at that juncture was a very profitable commodity in england . and tho' the parliament lower'd the value of guineas , as shall be afterwards mention'd , hoping by that means to bring out the new mony into circulation , yet by the artifice and managery of some men , the people were made to believe that the value of guineas would be rais'd at the next session , upon which abundance of men that had great sums of guineas in their chests , kept them close there , in expectation of their being rais'd in value when the parliament should come next together . by this means tho' the circulation of the new mony was a little promoted , yet that of guineas , by which we then chiefly subsisted , was quite obstructed this golden coin , which was before incredibly frequent vanish'd on a suddain ; and the new silver mony too , the value of which the people were likewise perswaded to believe , would be advanc'd the next session , was for that reason in a great measure hoarded up , to the great damage of our commerce ; for by this means the nation was reduc'd to very great straits , especially in their payments of foreign bills . the parliament about this time took into consideration the lowering the value of guineas , to which the people had rais'd them . the reasons against sinking their value were , that the people were easy and pleas'd with it , and it would raise great disturbance and clamour in the nation , to fix them at a lower price . that abundance of people would be losers in whose hands the guineas should be at last found . that the farmer and common tradesman , who now all abounded with guineas which they receiv'd at thirty shillings , would not bear such a loss . that therefore it ought to be consider'd , how far it was fit to incense the common people in this juncture of affairs , who had already suffer'd so much by the war. those who were for reducing the price of guineas , argu'd , that there was as great reason to bring down guineas , as there was to recoin the silver mony at the old standard ; and here they reckon'd up the mischiefs mention'd before on that head : that however , the parliament were oblig'd to manage by the necessity of affairs , and to suffer for a time the guineas to pass at that excessive rate , that in some measure there might be a currency of mony , while the mints were employ'd in new coining the silver ; yet now they were oblig'd to sink the price nearer the old standard , that the silver mony might not be stopt and hoarded up as fast as issued out from the mints . and whatever losses and inconveniencys the people might suffer by the reducing of guineas , yet the mischiefs that arose , and would dayly increase from not doing it , did infinitely over-balance those on the other side . upon this the house resolv'd to lower the price of guineas ; and that they might do it with less grievance and disquiet to the people , they chose to sink them by degrees , till at last they reduc'd them to the state they are now in , that is , that they should not pass in payments for above twenty two shillings ; that by this means guineas being brought near to an equality with our new silver mony , the circulation of the last might not be obstructed ; and the event answer'd the expectation . but notwithstanding all the care which the parliament us'd to provide against the mischiefs they foresaw were likely to follow , yet many great inconveniencys were unavoidable : and , one evil arose during recoining the mony ; that is , a general loss of credit , which indeed shook the state ; but this likewise was cur'd by a most seasonable and wise remedy , which the parliament apply'd in their second session . so that at last this great undertaking of the highest difficulty , yet of absolute necessity , was happily acomplish'd . in this affair the parliament shew'd such wisdom , such care of the publick , such unbroken courage and resolution in undertaking and carrying on a business of this importance , and encomber'd with so many and such great obstructions , that no patriots ever merited more of their country , none having ever rescu'd it form greater , and more apparent danger . by restoring our coin , they restor'd health and strength to a nation under the worst symptoms in the world. they restor'd the honour of the english , confirm'd the shaking government , and laid the foundation of that honourable peace , which after ensued , and which we now enjoy . and those worthy gentlemen who made the greatest figure in this parliament , and had the chief direction of this particular affair , must be allow'd to have shown a great capacity and a mastery judgment , as well as a just regard to the good of the people , and therefore no votes in their favour , no praises and thanks from their country , can be thought too much for those who have so well deserv'd them . no part of the roman history gives a man a greater image of that noble people , than that which relates the presence of mind , the unshaken constancy , and the wise conduct which the senate show'd after the loss of the battel of cannae , to be uncapable of desponding even in extremity of affairs , to wind themselves out of such intricate and pinching straits , and at last to weather difficulties which seem'd insuperable , this can't but create a great opinion of their wisdom and resolution . some of his majesties implacable enemys finding themselves disappointed the last year in flanders , and being impatient to wait the event of another campaign , betook themselves to the most wicked and most dishonourable means of accomplishing their designs . upon the twenty fourth of february , the king came to the house of lords , sent for the commons , and having pass'd what acts lay ready for the royal assent , in a gracious speech he acquainted both houses , that he had receiv'd several concurring informations of a design to assassinate him ; and that at the same time the enemy was very forward in his preparations for an invasion of this kingdom . that he had given orders about the fleet , and sent for such a number of troops as might secure the kingdom from any attempt ; that some of the conspirators against his person were in custody , and that care was taken for apprehending the rest . 't is not necessary to give a long relation of this conspiracy , a short account is thus . several of the late kings adherents not without the consent , encouragement and direction of the late king and his ministers , had form'd a hellish conspiracy against the life of his majesty . the conduct and execution of this horrid villany was comitted to sir george barclay , who had formerly been a general officer , and was then in france an officer in the late king's guards . this gentleman ruffian undertakes the barbarous business ; and for the accomplishing of it , departs from st. germains about the tenth day of december for england , where he arriv'd about the beginning of ianuary . before him , with him , or after him , about twenty more of the late king's guards , who were embark'd in the same bloody design , and who had all instructions to obey the orders of sir george ▪ came into england , where in a short time they engag'd about as many more in the conspiracy . several consultations were held , and several ways were propos'd , where , and how to assassinate the king's person , and at last it was agreed that they should execute their design on a saturday as his majesty return'd from richmond , whither he us'd to go on that day , to take the diversion of hunting . the place agreed on was the lane between turnham-green , and brentford , thro' which the king was to pass after his landing at que-ferry , and to avoid suspicion they were to go out of town in small numbers to the inns in turnham-green , there to stay , till they had notice that his majesties guards appear'd , and then they were to mount , and in a body to march to the lane , where some were to attack the king's person , and the rest in the mean time were to engage the guards . the day for executing this horrid deed was at hand , when mr. pendergrass who had been newly made acquainted with the design , and seem'd to consent to it , tho' indeed he only comply'd with it , till he could gain the fittest opportunity to discover it , went to my lord portland , and disclos'd to him this important secret. by whose means his majesty's life was preserv'd from the violence of the conspirators , and that fatal stroke most happily prevented ; which must have been attended with all the terrible calamitys , that fear it self is able to represent . both houses of parliament were greatly alarm'd at the news of this barbarous conspiracy , and being satisfi'd that the welfare of the kingdom entirely depended on the safety of the king's person , they joyn'd in an address to his majesty full of loyalty and the warmest affection ; wherein they congratulated the happy deliverance of his royal person , gave him thanks for imparting to them the horrid design of assassinating his majesty by papists , and other disaffected persons , and of the intended invasion from france . humbly desir'd his majesty to take more then ordinary care of his person at this time , assur'd him that they would stand by , assist and defend his majesty with their lives and fortunes against all his enemys , and that in case he should come to any violent death ( which they beg'd god to prevent ) they would revenge the same upon all his majesty's enemys and their adherents ; told his majesty they would give all possible dispatch to publick business , and desir'd him to seize and secure all persons , horses and arms , that he might think fit to apprehend . on this occasion the house of commons for the security of his majesty's person , enter'd into an association in these words . whereas there has been a horrid and detestable conspiracy form'd and carry'd on by the papists , and other wicked and traiterous persons , for assassinating his majesty's royal person , in order to encourage an invasion from france , to subvert our religion , laws and libertys , we whose names are hereunto subscrib'd , do heartily , sincerely , and solemnly profess , testify and declare , that his present majesty king william , is rightful and lawful king of these realms , and we do mutually promise and engage to stand by and assist each other to the utmost of our power , in the support and defence of his majestys most scacred person and government , against the late king james and all his adherents ; and in case his majesty come to a violent or untimely death ( which god forbid ) we do hereby farther , freely and unanimously oblige our selves to unite , associate and stand by each other , in revenging the same upon his enemys and their adherents , and in supporting and defending the succession of the crown , according to an act made in the first year of king william and queen mary : intituled , an act declaring the rights and libertys of the subject , and setling the succession of the crown . they order'd at the same time a bill to be brought in , that when it should please god to afflict these realms by the death of his present majesty , the parliament then in being should not be dissolv'd thereby , till the next heir of the crown , according to the late act of setlement should dissolve it . and if there is no parliament then in being , the last preceding parliament shall immediately convene and sit ; and it was done accordingly . by this wise act , as the parliament provided against that confusion and disorder that might happen by the cessation of parliaments , and all commissions on his majesty's decease , so nothing could have been imagin'd more effectual for the security of the king 's unvaluable life , against the implacable malice and violence of his enemys ; seeing by this means all hopes of escape and impunity were cut off , in case they should succeed in ▪ their hellish attempt . they likewise address'd his majesty to issue out his royal proclamation , to banish all papists from the citys of london and westminster , and ten miles from the same , according to the laws made for that purpose ; and likewise , that he would please to give instructions to the judges going the circuits , to put the laws in execution against papists and non-jurors . by these proceedings and prudent provisions for the king's safety , the parliament equally express'd their unshaken loyalty to his majesty , and their tender care and vigilance for the happiness of the people ; it being as clear as noon-day , that had not his majesty by the gracious providence of heaven , been deliver'd from this hellish design , the greatest calamitys and desolation must have overwhelm'd the kingdom , that ever befel a miserable people : and 't is very observable , and must be taken notice of , for the honour of this parliament , that amidst all their zeal for securing his majesty's life , on which all our happiness depended , they express'd that lenity and memorable regard to the libertys of the people , that they pass'd no new and extraordinary law for the conviction of the conspirators , as men in such amazing dangers might have been provoked to do for the preservation of the government ; but they mercifully left them to stand or fall by the known laws which were then in being . and 't is very remarkable , that charnock who was the first person try'd for this conspiracy ▪ was the first too that had the benefit of the law that was beformention'd , to be made this very session to regulate tryals in cases of treason . there is but one single instance that seems to contradict the universal extent of this observation ; and that is the case of sir iohn fenwick , which happen'd in the second session of this parliament ; yet neither in that case was any new law made for the trial of the criminal by the judges in inferiour courts : but the parliament thought fit to make use of the legislative authority , and to proceed aginst him by bill of attainder , which no body question'd their power to do . that government would be defective in its constitution , and uncapable of defending it self , that had not a power lodg'd in it to reach a criminal in an extraordinary case , by an extraordinary manner . neither could the legislative power be look'd on as under the same restraints , limitations and forms of proceeding , which the judges who are entrusted only with the executive part of the law , are oblig'd to observe in the ordinary courts of justice . the questions therefore in this case , seem'd to be only these two , whether the parliament had sufficient convincing grounds to believe the prisoner guilty of the treason he stood accus'd ; and in the second place , whether this was a case of that extraordinary nature , and that importance , as required this uncommon way of proceeding by bill of attainder . as to the first question , all the world as well as the parliament , thought there was sufficient reason to believe the prisoner guilty . but whether the evidence was in all forms and limitations such as the law required for convicting the prisoner before the judges in inferiour courts , was out of the question , the parliament as was said before , being not ty'd up in their legislative capacity to the rules and restraints by which the inferiour courts were oblig'd to act. and as to the second question , seeing the prisoner had so notoriously prevaricated with the government , seeing there was such a vehement presumption that one of the evidences was drawn off , and absented himself by the management of the prisoner's friends , to elude the law in the common course of it ; and seeing the crime wherewith he was charg'd , was of no lower nature than the dethroning of his majesty and the subversion of the government , the parliament believ'd it a case so extraordinary and of such consequence , as sufficiently warranted this uncommon , tho' not unexampled way of proceeding . these were the chief transactions of this parliament in their first session , those of the second come now to be related . the great deficiencys of the funds settled by parliament for the service of the year ninety six , and particularly the unhappy project of the land-bank proving wholly abortive , and not producing one penny , of above two millions and a half , with which it was charg'd , were likely to have prov'd fatal to our affairs the following summer . this disappointment involv'd the king in so many great difficulties abroad , as well as at home , that no clearer demonstration could be given of his majesty's wise conduct , or of the fidelity and affection of his army , than his finishing this campaign with so little disadvantage . his majestys more discerning friends could not but tremble , to think on the hard circumstances our army was in ; and how dangerous the issue was like to prove ; while the enemys of the government were all overjoy'd at the hopeful prospect of our suddain ruin. but to their great mortification his majesty , whose spirit was never broken by the greatest difficulty ; who never wanted presence of mind in the most surprizing and pinching exigencys , by the assistance of divine providence weather'd this storm ; and having put his army into quarters , return'd in safety to meet his parliament . the parliament came together the twentieth day of october , and after they had in a loyal and most affectionate address assur'd his majesty , that tho they had born so many years the great burden of the present war , yet they were most stedfastly resolv'd never to desert his interests , or be wanting to their country , till by his majesty's arms they should obtain a safe and honourable peace . they enter'd with great alacrity upon the business that lay before them , which indeed was very great . the principal evil which this parliament had to remove , was the loss of publick credit . for the tallys struck on funds setled by parliament , especially such as were remote , were exchang'd for ready mony at a mighty loss ; and the government was oblig'd to make excessive discounts and allowances , to bring treasure into the exchequer . this great and almost fatal loss of credit , arose chiefly from two springs , the deficiencvs of parliamentary funds , and the recoining our silver . the first made trust and confidence , as the last made mony to be very scarce . this loss of credit was so great , that unless it were restor'd , it was not possible for the government to continue much longer ; the notes of the bank of england which had been a mighty help to the publick , were discounted at twenty , tallys at forty , fifty , or sixty per cent. the government had contracted a mighty debt ; and some funds were wholly taken away , and the rest prov'd deficient ; great numbers of tallys had no fund at all , and the rest were on funds very remote . hereby the trust and good opinion of the people was so far lost , that those few who had any mony to lend , shew'd the greatest backwardness imaginable to advance it for the publick service ; and therefore all loans to the government , as was said before , were procur'd on most immoderate premiums , and exorbitant discounts . this decay of publick credit created the greatest confusion and disorder in the world ; our affairs seem'd reduc'd to extremity , and the government was look'd on to be at a stand . all men were at a gaze , and stood wondering what the parliament would do ; what measures they would take in such perplexing difficultys , scarce believing that the wit of man was able to find out any remedy , or propose any expedient that could be effectual in removing so great a mischief . those who were for galling and streightning the government ; had now the wicked satisfaction of seeing it sufficiently distress'd ; it not being possible that our affairs could be more embarass'd than they were in this conjuncture . to revive publick credit was therefore a thing of the last necessity for the preservation of the government ; but as the wisest men without door were at their wits end how to accomplish it , so the malecontents were certain that this evil was never to be cur'd ; and therefore look'd upon the government as near its end ; gave it up as desperate ; and triumph'd in the expectation of a suddain revolution . but this great parliament being fully sensible that the restoration of our credit was a point of capital importance , instead of being discourag'd by the difficulty of effecting it , they were rather animated to undertake the work with greater zeal and application ; as if they look'd on nothing which was necessary to be impossible ; and resolv'd at any rate to find out means to preserve their country , and to break thro' all opposition how great soever it should appear , to confirm and secure our happy establishment . the parliament was very sensible , that one great spring of this mischief was that mentioned before , the deficiencys of several aids and dutys which neither had been , nor ever would be sufficient to answer the principal and interest charg'd upon ' em . that these deficiencys , and the remoteness of the course of payment of the tallys , were the true reasons why the owners of such tallys were frequently necessitated for the procuring of ready mony , to dispose of and exchange them at a great loss . by which means the publick credit was extreamly weaken'd , our commerce interrupted , and other publick and private affairs exceedingly perplex'd . the parliament therefore took this great affair into their serious consideration , and in order to the cure of this grievous wound , which began to ulcerate and eat into the very heart of the government , they resolv'd to search it and lay it open to the bottom . this they did by ordering an estimate or computation to be laid before them of what summs were , or would be wanting to satisfy and discharge all principal and interest due , or to become due on the several aids , dutys or funds , over and above all arrears standing out upon them which were determin'd , and over and above all monys to be rais'd by such as were then unexpir'd ; and the computation of all the particular summs that were wanting to make good all the deficient funds being made , the whole amounted to five millions one hundred and sixty thousand four hundred pounds , &c. the parliament now having got to the bottom of the disease , resolv'd on a through cure , by making provision for the payment of the whole debt . they were perfectly convinc'd that to cure a part , was no way to cure the disease , and restore strength to the whole . had some deficiencys been taken care of and others neglected , publick credit must have continued lame ; and the government must still have halted , if it had not fall'n to the ground . that therefore the remedy might be adequate and commensurate to the evil , the parliament found out a general fund which might secure the payment of the whole five millions , &c. that so there should remain no tally without a fund , nor any tally on a deficient fund , but what in its course of payment should be satisfy'd and discharg'd . for this end they continued divers taxes and dutys after the day on which they would otherwise have expir'd to the first day of august seventeen hundred and six , and appointed all the monys which should arise and be brought into his majesty's exchequer from any of these taxes or dutys from the day on which they were otherwise to expire , to the said first day of august one thousand seven hundred and six , to be the general fund for making good all the deficient ones , by the satisfaction and payment of the principal and interest due , or to become due thereupon . and that all occasion of complaint might be remov'd , and equal provision might be made for all , the parliament directed that all monys arising from the dutys so as before continued and appropriated for a general fund , should be distributed and apply'd to pay principal and interests upon every one of the deficient funds , in just proportion to the summ of which they were deficient . and that all the mony which should be in such a due proportion distributed or plac'd to the account of each deficient tax and fund for the discharge of principal and interest , should be issu'd or paid out to all who were entitled to receive the same , in such course and order as if the same were monys really arising by the respective and deficient funds , and that without being diverted , misapply'd or postpon'd ; and the officers of his majesty's treasury were to incur great penaltys in case this method or order were not observ'd . and to remove all doubts about the security intended to be given , in case on the first of august seventeen hundred and six , or within three months then next ensuing , the whole produce of the several funds and revenues appropriated for a general fund , together with other grants then in being , should not be sufficient to discharge the sum of five millions , &c. intended to be discharg'd , that then what was deficient should be made good out of such aids or revenues as should be granted in the next session of parliament . thus the parliament found out a security sufficient to discharge this great debt that lay so heavy on the nation , which was not only a stroke of admirable wisdom , but likewise such a noble act of publick justice , as perhaps can't be equal'd in the story of any nation . mony at that time not in being , and therefore not to be had ; and a sufficient security was all that could be demanded or expected ; and this was very happily provided for , wherein a due regard was had to the particular interest of every man concern'd . and for as much as all the branches of publick credit did plainly depend on , and mutually support one another , the parliament took into consideration , by what means they might restore the credit of the bank of england which was then at a low ebb. in order to this the parliament agreed , to augment and enlarge the common capital stock of the bank of england by admitting new subscriptions , which new subscriptions should be made good in tallys and bank notes . the proportion was four fifths of the first and one fifth of the last , and an interest of eight per cent. was allow'd , as well for all such tallys as should be brought in to enlarge their stock by new subscriptions , as for those tallys which the company was then possess'd of , provided they did not exceed the value of those bank notes which should be paid in upon this enlargement of their stock ; and for securing the payment of this interest of eight per cent , the additional duty on salt was granted and appropriated . the time likewise of the continuance of the bank of england they thought fit to extend to the year seventeen hundred and ten ; and upon this encouragement a million was subscribed and paid in tallys and bank notes , as the parliament had directed . this expedient was projected with all the prudence imaginable ; and tho' many persons who were interested in it , could not presently apprehend the reasonableness of it , yet the advantages they have since receiv'd , have fully convinc'd them that no other way could have been found out to have retriev'd their sinking credit . for the value of two hundred thousand pounds in bank notes being sunk by the new subscriptions , the rest as it was reasonable to believe they would , began presently to rise in worth ; and so likewise did the tallys , after so many as amounted to eight hundred thousand pounds were paid in to augment the bank. and the owners of the rest have a great deal of reason to wish that they had sunk the remainder also the same way ; for had that been done , this great work had been accomplish'd at one happy stroke . the whole five millions had in a moment been taken off from the government , and thereby a disease that was judg'd incurable had been entirely remov'd by a single application . for upon this , the credit of the bank began to recover apace , till in a short time their notes were all equal with , and their bills that bore interest , better than mony. by this means the face of affairs was in a short time much chang'd for the better , credit began to revive , mony to circulate on more moderate terms . foreign exchange was less to our disadvantage , and soon after at an equality . the people began to think better of our condition , and were more convinc'd of the wisdom of our administration , and of the care that was taken of 'em ; and whatever hardships they had undergone by reason of a long war and the recoining our mony , which could not but occasion many complaints , yet the greatest part attributed this to the necessity of our affairs , and began to hope , that by the care and wisdom of the government they should enjoy more favourable times . besides this of the great loss of credit , another evil of no less difficulty or importance remain'd still to be remov'd , and that was the great scarcity of mony . the porliament to prevent disappointments by setling funds which might be deficient came to a resolution , that the supplys for the service of the year following , should be rais'd within the year ; and they voted those supplys in proportion to the estimates laid before them . but this resolution of parliament seem'd a thing quite impracticable . how could five millions be rais'd within the year , while the silver mony was call'd in and recoining , and there was not current coin enough in the nation to answer the occasions of trade , and scarcely the conveniencys and necessitys of life ? the enemys of the government made themselves merry with this vote of parliament , and instead of being the occasion of their anger 't was the common subject of their raillery , and the entertainment of their pleasant humour . and many even of the best friends of the government , imagin'd that the parliament by this , rather express'd their zeal and willingness , than their ability to support the state. they had no way to satisfy themselves in this point , but by relying upon the wisdom and great capacity of the parliament , for whom they believ'd nothing was too hard , and who they hoped would conquer this difficulty because they had master'd so many others before ; which were look'd on as no less invincible . neither were their hopes in this matter disappointed , for the parliament had recourse to an admirable expedient in this pressing exigency , and found out a way of raising mony , in a juncture when no mony was to be had . other parliaments have been able to raise great sums of mony when the defence of their country requir'd it , but it was the particular honour of this , to have been able to make it . they created mony without bullion , and distributed great quantity of coin without help of the mint . this they did by authorising the lords of his majesty's treasury to issue out bills from the exchequer to the value first and last , of above two millions ; which bills were first appointed to be brought in and sunk upon the duty commonly call'd the capitation tax ; but before the session ended the parliament was convinc'd by the first collection of that duty , that it would prove very deficient ; and therefore they appointed the exchequer bills to be brought in on any other of the king's dutys or revenues , excepting the land tax ; and allow'd an interest of seven pound twelve shillings per annum upon the said bills , which at first was not given . the parliament by this laid a good foundation for paper mony to supply the place of our silver coin , which was call'd in to be new made ; for so many payments were at this time to be made into the exchequer , that when the people had assurance given them that the exchequer notes should be receiv'd back again in payment for the king's dutys , they were very well satisfy'd to take them , at first indeed at a small discount , but not long after at an equality . a great number of these notes were only for five or ten pounds , which answer'd the necessitys of commerce among the meaner people , for the common conveniencys of life . and that those who had advanc'd mony in loans on any part of his majesty's revenue , might not be oblig'd to receive it back in notes that were under the value of mony , to strengthen the reputation of these bills , the parliament authoriz'd the lords of the treasury to contract with any corporations or numbers of private men , and to allow them a competent premium , provided they oblig'd themselves to exchange these notes for ready mony when tender'd to them for that purpose ; which the lords of the treasury did accordingly . by this means the credit of the aforesaid notes was mightily secur'd , and dayly arose nearer to par ; till as at this time , they exceeded the value of mony ; and whereas the trustees contracted with to exchange them for mony , were before as a premium allow'd ten per cent. they have been since contented to do it for four. by this means trade and commerce were maintain'd ; and without silver we had an artificial treasure circulating thro' the kingdom , which so well answer'd the design of the wise projectors , that by the confession of those very men who at first inveigh'd sharply against it , it prov'd an effectual , tho' a paper , prop to support the state , when its silver pillars were for a time remov'd . we were sailing in bad weather , and our main mast was brought by the board ; and 't is very plain , that unless this jury-masts of exchequer notes had been presently made and set up in this stress of affairs , we must unavoidably have sunk and perish'd . these bills past in payments as so many counters , which the people were satisfy'd to receive , because they knew the exchequer would receive them again as so much ready mony. these state-counters so well supply'd the place of mony till new coin was issued from the mint , that trade was preserv'd , and mutual payments well enough made to answer the necessitys of the goverment , and the people ; and by this means the parliament had the honour to accomplish another work that was judg'd impossible . the parliament likewise this session , to the great satisfaction of the people , took care to remedy a publick grievance of long standing . several places in and about the city of london , which in times of the romish superstition were allow'd as sanctuarys to criminals and debtors , had ever since the reformation pretended a privilege to protect the last ; and one of these was a notorious nest of broken and desperate men , in the very heart of his majesty's capitol city , whither they resorted in great numbers , and to the dishonour of the government and grievance of the people ; defended themselves with force and violence against the law and publick authority . the parliament took care to redress this inveterate mischief ; and what was long expected from others , was effected by this , in an act intituled , for the more effectual relief of creditors in cases of escapes , and for preventing abuses in prisons , and pretended privileged places . wherein such effectual provision was made to reduce these garisons of out-laws , that immediately after the act was publish'd , they abandon'd their posts , and deserted in such numbers , that their old haunts became a desolation , and lay open to receive better inhabitants . the summer after this session of parliament , his majesty being at the head of his army in flanders , his enemys even after they had open'd the campaign with the taking of aeth , thought fit to enter upon a negotiation of peace , which was begun and carry'd on at ryswick by the plenipotentiarys of all the princes and states concern'd , and thro' the good disposition of the principal partys to so great a work , the treaty was concluded , and a peace ratify'd the autumn following ; to the accomplishing of which , his majesty's presence in flanders mightily contributed . the management of this famous negotiation , and the favourable terms on which it were concluded , were no less to the peoples satisfaction , than to his majesty's glory . for the malecontents never believ'd that it was possible for the king to make peace upon any , much less upon terms so very honourable ; and therefore they look'd on this transaction at ryswick , as a pure amusement either to break the confederacy , or to cover some notable design which was not yet ripe for execution . and when at last they saw the treaty far advanc'd , they began indeed to believe that a peace might be concluded with the rest of the allys , but they were certain england would never be included : for they judg'd this so incredible a story , that they scarcely believ'd it when the peace was publickly and solemnly proclaim'd . this important work being thus happily effected , his majesty return'd to england ; where the people every where receiv'd him , as they had the greatest reason in the world to do , with all the applause and demonstration of joy that can be imagin'd . he met his parliament the third day of december . the war being ended , the house of commons for the ease of the people , voted the army to be disbanded , and resolv'd to raise a supply sufficient to pay off the troops . but at the same time when they took off so great a part of the burden from the country , out of a due regard to our future safety , they pass'd a vote to enable his majesty to keep such a number of troops on foot , and to maintain such naval force , as in their opinion the security of the government and the publick tranquility requir'd . when the house had voted a supply for the disbanding the greatest part of the army , they took into consideration the services of the officers and common men , who had amidst so many hardships , dangers and disappointments in nine successive campaigns , shewn so much bravery and fidelity in the defence of their country , as recover'd the declining reputation of the english valour , and preserv'd the kingdom from the terrible assaults of the most potent empire that perhaps was ever erected in the world. it was thought hard that such gallant men , to whom the kingdom ow'd so much , should be discharg'd without any provision made for them , the house of commons therefore pass'd a vote in their favour , that the officers should be continued in half pay till they should otherwise be provided for ; and that the common centinels should have a donative at their disbanding ; and for their further encouragement , should be free to set up and exercise their trades in any town or corporation throughout the country . this being done , the parliament took into consideration two great branches of our foreign trade , which had long wanted a due regulation ; and they enter'd first upon that of the company trading to africa ; and in consideration of the necessity of keeping up forts and castles for the defence of our factorys on the coast of guinea , there being no regular government among those barbarous people on whose protection they might safely rely , the parliament thought it necessary to establish the african company for the better carrying our commerce to those parts . yet the free traders or interlopers , were likewise permitted to trade to the same coasts , provided they paid to the establish'd company ten per cent. of the value of goods exported , towards the maintenance of the forts and settlements . next they enter'd on the business of the east india trade , which had been depending many years , and was look'd on as so nice and difficult that it had been referr'd to the king and his council , and back again by them to the parliament . this affair being brought into the house of commons , and the old company having offer'd to advance seven hundred thousand pounds at four per cent. for the service of the government in case the trade to india might be setled on them exclusive of all others , the house seem'd inclin'd to embrace their proposal , when a number of eminent merchants propos'd to the house to raise two millions at eight per cent. on condition the trade to india might be setled on the subscribers exclusive of all others . they propos'd that these subscribers should not be oblig'd to trade in a joynt stock , but if any members of them should afterwards desire to be incorporated , a charter should be granted to them for that purpose . the house judg'd this overture not only to be more advantageous to the government , but likewise more likely to settle this controverted trade on a better foundation than it was on before ; a bill therefore was brought into the house , for setling the trade to the east indies on those who should subscribe the two millions , according to the limitations beforemention'd . but so great a regard was had to the members of the old company , that till they had refus'd and rejected the offer made them of setling this trade upon them , if they would accept it on the same terms and limitations on which the others were contented to take it , and which the parliament judg'd most advantageous for the kingdom , the bill did pass in favour of the new adventures . the bill being pass'd , and the books laid open to take subscriptions , the whole two millions were subscrib'd in less time than four days , the people shew'd so much zeal to assist the government , and promote the trade of the nation , that 't is very probable a million more had been subscrib'd , had not the books been shut up before the distant corporations , and private men in remote countys , could remit their commissions for the great sums they intended to subscribe . the dispatch of so great a work in so short a time , after the nation had born so chargeable a war for so many years , surpriz'd and amaz'd all the world. and as it greatly mortify'd all those who were joyfully assur'd that his majesty would be disappointed of this supply , so it gave our neighbouring nations an astonishing image both of the opulence of the people , and the strength of the government . this transaction view'd in all its circumstances , is in deed so very strange and wonderful , that 't will be a hard matter for posterity to believe it . how will they be able to perswade themselves , that a nation whose wealth might with great reason be suppos'd to be exhausted after they had contended so many years with such a mighty enemy , should be capable of furnishing such a vast supply in four days ? yet this wise parliament had so much skill in touching the springs of the peoples affection , that notwithstanding all the losses they had suffer'd , and all the expence they had been at , they were prevail'd with to advance this great supply with such incredible expedition . and by this means , the parliament , only by doubling the duty on proceedings at law and that on salt , rais'd a supply of two millions ; which to have done by any other ways , was at that time a matter of the highest difficulty . the parliament likewise this session , apply'd themselves with great diligence to discover such offenders , who by fraudulent and surreptitious ways had carry'd on a secret commerce with france ; and to the great damage of this kingdom , had brought in for divers years past , great quantitys of alamodes and lutestrings . many of these criminals they detected and punish'd : and to prevent the continuance of this clandestine and most prejudicial trade , and to encourage our own manufacture , they brought in a bill which after past into an act , intitled , an act for the better encouragement of the royal lustring company , and the more effectual preventing the fraudulent importation of lustrings and alamodes . and for as much as many ill men continued to export english wool &c. to foreign parts , to the unspeakable detriment of the nation , notwithstanding the severe laws that were in force against such offenders , the parliament the more effectually to obviate that stubborn mischief for the future , made many prudent provisions , in an act intituled , an act for the explanation and better execution of former acts made against transportation of wool , fullers-earth , and scouring-clay . this session likewise upon complaints made , that the woollen manufacture was carry'd on in ireland , to the great prejudice of that staple trade in england , the parliament took care to stop the progress of that growing evil. they enter'd upon a bill for that purpose , but it terminated at last in an address to the king , that his majesty would be pleas'd to use the most effectual means to discourage his subjects of ireland from prosecuting the woolen , and encourage them to apply themselves to the linnen manufacture in that kingdom , whereby they might carry on a gainful trade to themselves , without interfering with an interest of which his subjects in england were so very tender . these were the principal transactions of these worthy patriots in their three sessions ; and those who seriously reflect on the mighty difficultys which with unexampled resolution they encounter'd , and at last master'd , on the wise and effectual remedys which they apply'd to the sharpest and most obstinate distempers under which any nation ever languish'd , on their constancy and unwearied diligence , either in obviating new dangers , or removing fresh mischiefs that embroil'd their affairs , with what vigour they ply'd the helm , and how steddily they steer'd on very treacherous and boistrous waters , how oft they row'd against wind and tide , and tho' often carry'd back by the violence of the current , or diverted by rapid turns or eddys of state , yet still return'd with invincible courage , stem'd the tide and forc'd their way , till at last in spite of all opposition they gain'd their intended port , those i say , who impartially and seriously make these reflections , can't but entertain a great veneration of their ability and zeal for the publick good. if there be any man that does not yet admire as he ought to do , the greatness of this parliament , let him but consider what an amazing undertaking it was to recoin all the silver mony of the nation when it was ready to sink under the weight of a long expensive war ; which attempt was so hazardous , that the enemy was made to believe it would certainly be fatal to us , and under that confidence was perswaded to continue the war ; as they made peace when that presumption was disappointed . let him consider what a task it was to recover the lost credit of the nation both publick and private , in those low circumstances , to which we were then reduc'd . let him consider how great a work it was to raise , or rather to make mony for the publick service which requir'd extraordinary supplys , when there was very little mony in being ; let him consider this well , and he will take righter measures of the wisdom of this great assembly . these were the work 's of refin'd understanding , of the most extensive capacity and inflexible perseverance ; and these were the works of this parliament . a parliament that had the honour to be hated and revil'd as much as any ever was by the enemys of our government ; which is a convincing proof that they took the best measures in the world for the preservation of it . for had they betray'd it , these gentlemen would have thanked them for it ; had they out of supineness or ignorance run it a ground , our enemys perhaps might have derided their weakness and unskilfulness , but they could never have express'd so much choler and resentment . the slanders therefore and invectives of these men who heartily wish'd the ruin of our establishment , is an honourable and lasting encomium on the proceedings of this assembly . and as the adherents of the late king openly declair'd their anger and enmity against the last parliament , so 't is not to be doubted but that all the friends of the government , that is every true englishman , has , on the other hand , an great affection and reverence for their memory . finis . a declaration in vindication of the honour of the parliament, and of the committee of the navy and customes; against all traducers: concerning the managing of the navy and customes, and many other weighty affaires of state: faithfully relating what strength of shipping have been yearly employed for the guarding of the seas, and what moneys arising by the revenue of the customes, excise of flesh and salt, and other receits, have been applyed to that use. the rules by which they have been all managed; and a just account how the moneys have been disposed. by giles grene, a member of the honourable house of commons. grene, giles. this text is an enriched version of the tcp digital transcription a85656 of text r201878 in the english short title catalog (thomason e405_8). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 38 kb of xml-encoded text transcribed from 13 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a85656 wing g1817 thomason e405_8 estc r201878 99862367 99862367 160472 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a85656) transcribed from: (early english books online ; image set 160472) images scanned from microfilm: (thomason tracts ; 64:e405[8]) a declaration in vindication of the honour of the parliament, and of the committee of the navy and customes; against all traducers: concerning the managing of the navy and customes, and many other weighty affaires of state: faithfully relating what strength of shipping have been yearly employed for the guarding of the seas, and what moneys arising by the revenue of the customes, excise of flesh and salt, and other receits, have been applyed to that use. the rules by which they have been all managed; and a just account how the moneys have been disposed. by giles grene, a member of the honourable house of commons. grene, giles. [2], 22 p. printed for laurence blaiklock., london, : 1647. annotation on thomason copy: "sept: 1". reproduction of the original in the british library. eng england and wales. -parliament. -committee of the navy -early works to 1800. england and wales. -royal navy -early works to 1800. excise tax -england -early works to 1800. customs administration -great britain -history -17th century -early works to 1800. great britain -finance -early works to 1800. great britain -history -civil war, 1642-1649 -naval operations -early works to 1800. a85656 r201878 (thomason e405_8). civilwar no a declaration in vindication of the honour of the parliament,: and of the committee of the navy and customes; against all traducers: concer grene, giles. 1647 6555 10 0 0 0 0 0 15 c the rate of 15 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2008-03 robyn anspach sampled and proofread 2008-03 robyn anspach text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a declaration in vindication of the honour of the parliament , and of the committee of the navy and cvstomes ; against all traducers : concerning the managing of the navy and customes , and many other weighty affaires of state : faithfully relating what strength of shipping have been yearly employed for the guarding of the seas , and what moneys arising by the revenue of the customes , excise of flesh and salt , and other receits , have been applyed to that use . the rules by which they have been all managed ; and a just account how the moneys have been disposed . by giles grene , a member of the honourable house of commons . london , printed for laurence blaiklock . 1647. a declaration in vindication of the honour of the parliament , and of the committee of the navy and customes ; against all traducers . concerning the managing of the navy and customes , and many other weighty affaires of state . there is no truth now more apparent , then that the tongues and pens of many men ; and the presse have in these latter times been so loose and disordered , as that they have been applied too frequently to the scandalizing of proceedings in parliament , and the severall committees , and members by them imployed , in the transacting of the weighty affaires of the kingdome , during the times of these late distempers : that so they might bring them into the disaffections of the people . the truth of this is clearely proved by those severall pamphlets which every day are engendred , and sent abroad into the world : and by the cunning and artifice of severall evill disposed persons , of different tempers , they are made instrumentall for different ends and intentions . and this is perceived by all wise men , so that it is hoped those libells take no impression with them , in regard of the persons scandalized : and amongst others finding the committee of the navy and customes , as they have had no small part of the care and trouble of these weighty affaires , so not to have the least share in those scandalls and reproaches : in discharge of the duty i owe unto the parliament , who when the king deserted them , were necessitated to undertake the government of the navy royall of this kingdome , for the safety and good thereof , and likewise of the customes appointed for its maintenance and support , and also in discharge of that particular duty i owe the committee of the navy and customes , and the gentlemen attending those services , unto whose care and trust both houses of parliament committed that great and weighry charge . and to cleare up the honour , care , prudence , and fidelity of both parliament and committee , against all traducers , in the advantagious and faithfull discharge of the trust for the weale and safety of the people , and all the three kingdomes ; i thought it not the least part of my duty , ( being best acquainted with those affairs ) to make this following declaration of the beginning , progresse , and present state of the same ; relating to the customes and navy ; and by what rules they have been transacted . in the yeare 1641. shortly after the parliament first sate , and before the king deserted them , the house of commons appointed some gentlemen of that committee , and recommended to their charge the discovery of the abuses of the then farmors of the customes , and the examination of their accounts from the first yeare of his majesties raigne , unto that time : and notwithstanding the work was conceived by many worthy gentlemen not to be feazible , yet that cmmittee within few months by their report did so satisfie the house of the whole state of that affaire , as it produced 176000. in fines to the use of the state . this done about the 25. of may 1641. the house of commons commanded that committee to frame a bill for the legall payment of tonnage and poundage , to continue for a few weeks , untill some difficulties and misunderstandings between the king and parliament were removed ; and upon the same grounds severall other short acts of parliament were passed untill iuly 1642. but the burthens upon merchandize , both forreign and domestick being unequally layd by the old book of rates , occasioned severall complaints and petitions , from merchants , cloathiers , shopkeepers , and others , unto the parliament , for ease of those burthens ; whereupon in the yeare 1641. the house ordered that committee to frame a new book of rates : this proved a work of that travell and consequence in relation to the support of the trade of the kingdome on the one side , and the revenue of the kingdome for support of the navy , the strength of the kingdome , on the other side , as it became full of labour and intricacy to keep the ballance even ; for the encrease of the one , and support of the other , of which the very bare discovery of those rules which the wisedome of that committee found out to the due framing of that elaborate work , will sufficiently satisfie the reader at first view . they first divided all merchandize into domestick and forreign . domestick into commodities totally to be prohibited , or to be transported . transportations into manufactures of wooll , and other staple commodities . the manufactures of wooll , in regard of their generall influence throughout most conditions of men , and hazard of the losse of that trade in forraigne parts so much of late undermined by forraigne manufactures , was much eased of its former imposition . the other staple commodities as tyn , lead , &c. not so subject to danger as the others , were raised to some higher rates , according as the same could well beare . the forraign commodities were divided into necessaries . and superfluities . necessaries , and of certain use , as victualls , and all materialls for to encrease the manufactures of the kingdome were eased . superfluities which might be spared , and were incentives to prodigality , either in apparrall , or diet , food , or rayment , had their full load ; saving that in the very superfluities they found it necessary to make addifference : as , those of bulk , advantagious in the employment of shipping and marriners , in that relation , were somewhat eased . those of small stowage had a full load laid on them . yet in those likewise they made a difference : easing all such as were unmanufactured , burthening the re●t . but the marchants of the kingdome not only suffering under the unequall impositions laid on their commodities , but under the arbitrary power , and undue fees of the officers of the customes , which oftentimes more oppressed them then the payment of the impositions themselves . it was not the least labour of that committee , to dispose of the manner of payment of the duty , and to give such directions therein as by those rules they delivered the merchant , from all occasions of oppression , by the officer , and yet kept up the officer in his due esteeme . in compleating of this great work , the committee proceeded by a further rule , as well to attaine to the knowledge of the value of all commodities , as to their usefulnesse , without which , they could not well agree on the duty : and to that end did make use of the labours and judgements of many merchants of quality , of known integrity , and best experienced in forraigne trade , and importers of the severall commodities , who having with much labour laid the foundation of this great work ; it was also the wisdome of the committee in so high a trust to take advice from the retailors , and severall traders in the respective commodities . and after divers dayes disputes with them , having made their observations in writing of the differences in opinion between the importer and buyer , did referre the whole work together with their own observations , unto the farmours and officers of the customes , who according to their great experience and wisedome , did contribute much unto the compleating thereof : and upon return of their opinions , the committee finding yet further differences ; did after divers dayes spent in conference with the three parties , viz. the importer , the buyer , and the officer , and upon observations from them all , appoint a generall meeting of the merchants , retailors , and officers , acquainted them with their differences in opinion , which were reduced to very few , considering the variety and greatnesse of the work : and after a deliberate debate with them joyntly , the committee did compleat that work ; and so presented it to the house of commons , where it received a generall approbation with very few amendments . the book of rates thus formed , and upon report made to the house of commons thereof , being approved and passed without a contradicting voyce , order was given for the same to be printed and published ; and an act of parliament to be drawn for tonnage and poundage , relating to these rates , which with great deliberation of that committee , and advice with the kings councell , learned in the law , was drawn accordingly , reported and past both houses , and sent to the king then at york , for the royall assent , which his majesty refusing , order was given to that committee to consider of a way how to continue the payment of tonnage and poundage by an ordnance which they did accordingly , which upon report passed both houses : here arose the great difficulty of managing the affaires of the customes , which by ordnance of parliament was committed to the charge of that committee , wherein power was given them to remove and place all officers belonging to the customes , to give orders and directions to the commissioners of the customes as occasion should serve : to heare and decide all differences happening between the merchants and officers in reference to the customes ; and by their orders to dispose of all moneys arising on the customes , for the use of the navie . an imployment of great weight and as great trust , and which they discharged with as much faithfulnesse , wisedome , and advantage to the state , the distractions of the times , the disaffections of many merchants , and the want of a penalty to enjoyn the payment , considered , as ever that affaire was managed sithence the conquest ; which doth manifestly appeare by their saving upward of twelve thousand pound per annum , in the very charge of the commissioners ; and reduced unnecessary officers , formerly employed in the managing of those affaires , and yet encreased that revenue at least one third per annum , in those ports which were still under the obedience of parliament , besides the receits of those out-ports that were regained from the enemy . the distractions of the kingdome encreasing after the kings deserting the parliament : it pleased both houses by ordinance in august 1642. to commit the charge of the navy , and setting forth the yearly fleets to sea for the defence of the three kingdomes , unto the care of that committee of the customes , and so they became the committee of the navy and customes : by which ordinance they had power to order the payments of moneys arising from the customes to the treasurer of the navy , who was a member of that committee , for the carrying on of that work : and the moneys being so setled in his hands , they were all to be issued out by him , by the only order of that committee ; which trust i dare confidently affirm he hath discharged with as much clearnesse and freedome from any corruption as ever treasurer did . and to satisfie the world that this trust was faithfully discharged by that committee , i will here give a short account of the severall fleets set to sea , with their strength and charge . in the year 1642 the parliament doubting that forraign force would be invited into this kingdome , commanded that committee that a strong fleet should be set to sea , for that yeare , which consisted of twenty saile of the kings ships , and twenty three merchants ships with 5382. marriners , the charge whereof as well in the summer as winter guard , with other matters incident to the keeping up of the navy , that yeare amounted to two hundred and one thousand , seven hundred sixty one pounds . 201761 l. in the year 1643. the parliament having more particular information of preparation of forraign forces to infest this kingdome , there were set forth for the summer fleet 34 of the kings ships , & 34 merchants ships , with 7265 marriners , and for the winter guard 21 kings ships , and 24 merchants ships , with 4035 marriners , the whole charge whereof with other matters incident to the keeping up of the navie , did amount unto three hundred and thirty thousand three hundred sixty nine pounds . 330369 l. in the yeare 1644. there were set forth for the summer fleet , 36 kings ships , and 20 merchants ships , with 5099 marriners , and for the winter guard , 18 kings ships , and 13 merchants ships , with 2677. marriners : the totall charge whereof with other matters incident to the keeping up of the navy , did amount unto two hundred thirty eight thousand foure hundred and seventy pounds . 238470 l. in the year 1645. there were set forth for the summer fleet , 34 kings ships , and 20 merchants ships , with 4483 marriners , and for the winter guard , 27 kings ships , and 14. merchants ships , with 2950 marriners ; the totall charge whereof with other matters incident to the keeping up of the navy , amounted to two hundred twenty five thosand , five hundred forty foure pounds . 225544 l. in the yeare 1646. there were set forth for the summer fleet , forty foure kings ships , and 29 merchants ships , with 5605 marriners , and for the winter guard , 26 kings ships , and 12 merchants ships with 2880 marriners ; the totall charge whereof with other matters incident to the keeping up of the navy , amounted to two hundred ninety six thousand , fifty one pound . 296051 l. and this year , there are set forth for the summer fleet 43 of the kings ships and frigats , and 13 merchants ships ; the charge whereof with the frigots now building , furnishing the magazin , and paying the ordinaries , and the other matters of the navy , will per estimate amount unto two hundred thirty three thousand foure hundred and fifteen pounds . 233415 l. besides , there have severall years been set out severall ships , by private adventurers by way of reprizall , which have been allowed victuals by the state . in all which expeditions , these particular actions of that committee are remarkable . 1. that being furnished with this great power and trust , in setting forth of ships , providing of materials and payment of moneys , they took along with them the concurrent advice and full consent of the commissioners of the navy , victulars of the navy , officers of the ordnance , and all other officers of the navy respectively , as fellow servants trusted with them , who by the order and directions of that committee , did with all chearefulnesse and faithfulnesse , for any thing that ever appeared unto that committee , act and execute all things for the greatest advantage of the state , in relation to the honour , safety , and profit thereof . 2. that with their concurrent advice and help , the severall yards , & store-houses of the navy royal , were so plentifully & seasonably maintained with pitch , tarre , hemp , cordage , planck , timber , and all other materials for shipping : and the office of ordnance so furnished with ordnance , powder , shott , & other gunners stoares , the victualling office so carefully and advantagiously managed , as that there was not one ship of all these severall fleets , but at her setting to sea was compleatly and arithmetically furnished with double equipage , of cordage , sayles , &c. with due proportion of powder , match , bullett , according to the number and dimensions of her ordnance : and with beef , pork , fish , pease , butter , cheese , bread , beere , and all other victuals , and all of the choysest and best , as there was never complaint made to the parliament or committee of any defect of any of these , either for quantity or quality . 3. that comming in of ships , ( saving in the time of the late commissioners of the customes , who for some reasons best known to themselves , did refuse upon pressing occasions to furnish the parliament or that committee with money or credit : ) the committee took that care for providing of moneys , ( many times with their credit ) as the marriners were so timely paid off , that the state was not at the charge of one dayes dead pay , neither was ever complaint of marriners hard at the doores of the parliament , since the time of these commissioners . 4. that the whole body of the navy was kept up , in that honour , strength , and readinesse for service , as no age can parallel , there being at this present an increase of above thirty ships and frigats more then they found belonging to the navy royall , whereof some have been taken by reprizall , some bought for money , and some built from the stocks , which are most active nimble vessels , all now in service . 5. that this great work was so advantagiously carried on , as notwithstanding the state was sometime above three hundred thousand pounds in debt , an● atpresent about two hundred and fifty thousand pound● yet hitherto ( saving in the time before mentioned ) there never wanted monies to carry through all the difficulties of that service . neither was the managing of the customes and of the navy , though two such great workes , the only imployment of that committee : but in the yeare 1643. the parliament having by reason of the great fleetes contracted great debts on the navy , were pleased to put an excise on flesh and salt , the profits whereof they appropriated to the use of the navy , and committed the charge and care thereof to that committee , by whose wisedome and care , with the concurrence of the commissioners of excise , only by changing the manner of the collection , the yearly income was encreased from about seven or eight thousand pound , unto near sixty thousand pound per ann. as by the commissioners of excize accounts will appeare ; all which monies were disposed of by that committee by the same rule of customes . besides , there are severall gentlemen of this committee who being with divers honourable lords , appointed a committee for the excize , have transacted very great matters concerning the regulating of those receipts , and reconciling of differences happening in the same . there was a further charge lay on that committee , which was the managing of the ships , and goods taken by reprizall , which begot not the least trouble to the committee , in regard of the many intricare cases , which fell out , scarce numerable , in so short a narrative , yet was that distracted work with the faithfullnesse , care , and 〈◊〉 of the commissioners and collectors appointed for reprizall goods , carried on with all advantage as was possible for so unhappy a work to bee managed , which proved much the more troublesome and intricate , ( though the cheifest part of that trouble fell to the collectors ) by reason owners of merchants ships and all mariners had shares in all prizes and prize goods taken ; and this is here remarkable , that there is not an owner of shipping , nor mariner in the kingdome that can justly complaine , but that he hath received his full payment of all advantages which have been made in this kind , saving in some cases of late , only for want of a iudge of the admiralty to adjudge the same . beyond all this , it is observeable , that in the first yeare of these unhappy distractions , six of the committee of the navy with three honourable lords , did discharge the office of the lord high admirall , and of the judge of the admiralty : and with unexpressible trouble and care , without the help of the admiralty court , the iudge having deserted it , did by the order of the parliament , wade through those intricare cases which fell out that first yeare . besides this , severall worthy gentlemen of that committee , have for divers years since , together with divers honourable lords , for want of a lord high admirall , by command of both houses , carried on the whole frame of the affaires of the admiralty and cinque-ports . there lay yet a further charge on divers gentlemen of that committee , in regard of those relations which that committee had unto all sea affaires and to trade : it pleased the parliament to joyne them with divers honourable lords as a committee of forreign affaires , who by reason of the variety of complaints , which came from the severall ambassadors of spaine , france , the states , and orhers , of the ships and goods of their masters subjects to be taken in reprizall , by ships imployed by the parliament , were often incumbred with many intricate points of state ; and it was no ordinary service which those noble lords and the rest of that committee , laboured under to defend the just rights of the parliament , upon those severall emergencies which fell out , in speciall , between the ambassadors of the states ; and this committee , who after three moneths debate , did maintaine the actions of the parliament as warrantable , by treaties of state , and by law of nature , and nations ; as by a declaration sent unto the states from both houses of parliament , most clearely appeareth ▪ and this committee held constant weekly intelligence with the parliaments agents imployed in france , flanders , and holland , for the obtaining of justice for those merchants , who were agrieved by the taking or seazure of their ships or goods , or otherwise . there was another burthen lay on that committee , which was the managing of that most christian and honourable work for the redemption of the poore captives from their slavery under the turke , who with the help and unwearied paines of divers worthy merchants of the city of london , did with all advantage carry on that work , which will bee memorable to posterity : the care of the money collected for those uses , and the imployment of them being trusted by the parliament , with that committee , and that trust with all faithfullnesse discharged , so as had not that sad accident happened on the ship honour in the losse of the first cargason at gilbraltar , ( which much increased the trouble of that committee , and those gentlemen ) the work had well neare been finished ; yet blessed be god , two hundred and fifty captives are redeemed and brought home , ten thousand pounds sterling more in peeces of eight sent away for argier , and another cargason of the like value ready to be sent upon the first intelligence from the agent at argier : and care is taken for the redemption of those in tunnis , sally , saphia , and all south barbary . besides all those publick and weighty imployments of that committee , uncessant were their labours in particular businesses referred unto them by the house of commons : as the recovery in of the monyes due on the bonds delivered in by the farmours taken for customes in the time of the late act of parliament : preparing ordinances for the advancement of the trade of severall companys of merchants trading into forreign parts , with limited rules and restrictions ; composing of differences upon severall occasions between merchants and officers of the customes ; and examining , and stating that intricate affaire of the vintners , which subjected them to just fines ; and many other businesses of great weight and intricacy , and were with all cheerefullnesse and faithfullnesse transacted to cleare up the honour and iustice of the parliament : and that without the use of any arbitrary power , but in all cases which they found proper to receive their tryalls in any courts of iustice , were carefull to referr such causes to their proper courts . but the whole former narrative may bee true , yet the honour of the parliament , or of the committee of the navy no way cleared , but rather stands the more deeply charged : for it doth appeare by severall passages in the narrative , that the committee of the navy have executed the power and trust of two great officers of state ; as in the first yeare of these unnaturall distempers , being 1642 , the office of the lord high admirall : and from that very yeare to this day the greatest part of the office and trust of the lord treasurert ; these had the power of disposing multitudes of offices , the one in the navy , the other in the customes ; besides great fees and other perquisites of profit and great advantage ; yet the power of the committee rested not here , but the narrative setts forth divers other imployments of trust , whereby great advantages have bin very probably made by that committee or some private gentlemen , as the preferment of persons to offices , and those unworthy or not qualified for such offices , and men of more merit , sufferings and abilities laid by , which doth lay a great blemish on the honour of the parliament , to imploy their own members in such great places of trust and advantage ; and this is visible to all men , that the chaireman of that committee , had five hundred pounds per annum , allowed him , besides all his other great advantages , or otherwise neither he nor some others of that committee would ever have followed the affaires of that committee , with that zeale and paines early and late , that scarce a trades-man in the city , or husband-man in the countrey tooke the like : so that he was thereby brought to such weaknesse at three times , he was at the very gates of death by sedentary diseases . vnto all which it is necessary to give this further account that as to my own particular , i do here in the presence of the almighty god , the searcher of all hearts , and the righteous iudge as well of all mens intentions , as of their actions , protest ; that next that duty i owe unto god , who hath called me to this imployment , and to the parliament , who hath intrusted mee with the same , and to my country , for whose sake and preservation i was sent hither , all irresistable motives to an ingenious and conscionable christian , to make me account no labour too great , nor care too much , to be any way instrumentall in so great and glorious a work as the reformation in church and state , being the main end of the endeavours of the parliament ; i say next the duty i owed to those former relations , i was impatiently studious ( with the help , wisedome , and care of that committee ) to manage those great workes with that advantage to the common-wealth , and with that clearenesse from all private ends , as that on the one side the king , on the other side the people , might be in love with parliaments ; the king that he might see the great difference in the managing of the affaires of state , between the councells of the parliament , and his old councellours , of whom he was so fond , and by most of whom he was so grosly deceived , and the state abused ; on the other side , that the people might see their happinesse under the government of a king directed by the councell of parliament , in receiving redresse of their grievances , releise in their wants , due and speedy justice with all cleerenesse , and without consumption of their time , by long attendance , or of their estates by needlesse and forced expences . and as to the five hundred pound allowed mee by the parliament , towards the defraying of my expences , having my whole estate then under the power of the enemy for above three yeares ; i acknowledge it a great mercy from god , and a great favour in the parliament , to provide so liberally for me : yet i doe professe that those monies have not supplied my necessities , but before the quarters have come about , i have been forced to borrow mony of my children or servants , for to defray my ordinary disbursements ; yet have i not bin profuse either in apparrell or dyet , but have lived in a far lesse plenty then before i came to attend the service of the parliament . and as to the disposing of those severall offices , either in the navy or customes ; i doe make this answer , that it is true , that many hundreds of persons most of them destroyed in their estates by these civill warrs , had their petitions ly before that committee for preferments unto office ; and that committee did accordingly dispose of very many as they fell , wherein they used all possible care that the persons they preferred should be qualified for the imployment , men that had suffered in their estates , and recommended for their integrities ; and to my best remembrance they never preferred any but upon the speciall recommendation and certificate of the members of one or both houses or parliament : all which offices were by that committee conferred with so much care and clearnesse , as what ever was the former practice of officers of state , in disposing of them for money , a thing too apparent , and too great a blemish to those times : yet i doe with all confidence affirme , that neither my selfe , nor any gentleman of that committee ever received one penny for any such preferment ; and that committee in this point have been so exact and tender , in regard of the scandall that might arise to the parliament , by sale of offices , as that they have from time to time taken strict account of the clerks attending that committee , what advantages they made by the disposing of such offices ; and it appeares by their accounts duly kept , they have gotten between them all for orders , warrants , and grants for offices , not full thitty five pound , whereof neare forty places have been customers , comptroulers , and searchers in the custome house , all places of repute and profit , and as to the profits which did arise the first year , for the admirall tenths , and were alwayes by him carefully taken and converted to his private use . i do confesse there were prizses taken that year which amounted unto twenty two thousand pound or thereabouts , whereof two thousand two hundred pound accrued to the tenths , but that neither out of the tenths , nor any other profits whatsoever , i never received one farthing , but all the profits were faithfully converted by that committee to the use of the state . as to the office of the l. treasurer in the disposing of moneys , the last particular , and wherein satisfaction may more especially be expected , of what advantages have been made by the moneys arising by those three springs , or otherwise appropriate to the disposall of this committee . from the customes hath bin ordered unto sir henry vane ( whereof seventy thousand pounds is borrowed ) nine hundred twenty three thousand eight hundred sixty foure pounds two shilling & ten pence half-penny . 923864 l. 2 s. 10 d. ●b . from the excise of flesh and salt , one hundred forty five thousand foure hundred seventy one pounds seventeen shillings and seven pence . 145471 l. 17 s. 7 d. from prize goods , twenty three thousand nine hundred forty three pounds six shillings six pence halfe-penny . 23943 l. 6 s. 6 d. from other hands and receipts being either moneys borrowed , which are since repaid , or otherwise for speciall reasons appointed for the use of the navy , ninety three thousand six hundred pounds three shillings and nine pence . 93600 l. 3 s. 6 d. amounting in the whole , 1186879 l. 10 s. 9 d. to which i say , that as in the case of offices , so in this also , the committee have commanded their clerks to give an account of what hath been given them for the orders signed for moneys ; and it appeares , it hath not been communibus annis , fifty pounds per annum unto each ; yet in orders , letters , &c. twenty reames of paper at least , have yearly been written , besides the journals of the committee , which are with all faithfulnesse and care preserved for the use of the parliament . and to satisfie the world of my own integrity , i do solemnly professe , as in the presence of god , at whose tribunall , i must give an account for all my actions before all men and angels ; that for the appointing of all those moneys disposed of by that committee , i never received , nor any other to my knowledge for my use , any summe or summes of money , not the value of a penny from any person or persons whatsoever as a fee , bribe , reward , or what other name you may give it ; but the same hath in every part been faithfully conveyed from the treasury of the state to the hands of the subject without any advantage made upon them , saving that there was about foure yeares since , three pounds sent unto me from a captaine at sea for a beaver hat , which mony i gave freely away , and was disposed to my best remembrance thirty shillings to the distressed protestants which came from ireland , the other moity to maymed souldiers in the parliaments service : ) nor have i ever received any sume or sums for any other affai●●s of parliament whatsoever transacted by that committee all provocations tending there unto i have avoyded , and declined , i abhorre and from my soule detest the very thought of such proceedings : it is so farr below a gentleman and a member of the high court of parliament . if any man can justly charge me with any such matter , there is a committee appointed by the house of commons for examination of such matters , where he may complaine : and i will give him fouresold reparations ; or further , if any man can make it evident , that he hath given any thing as a reward , gratuity , or such like to my wife , any child , servant , or any other for my use , i will make him reparation to the full value . and for any gentleman , or other person , that hath at any time by way of civility brought or sent me any thing whatsoever , which yet among men is lawfull , and may have in it no dishonest intentions either in the giver or receiver ; i doe hereby invite and desire him to let me know the value of the same , and i will willingly satisfie him for it : and what i have here asserted on my own behalfe , i am confident i may with much freedome assert on the behalfe of those worthy gentlemen of the committee , who constantly attended those services . and now i have done , and by this i hope have 〈◊〉 all modest christians , and stopped the mouth 〈◊〉 slander : whereby i trust i have discharged my first ●●gagement , in clearing up the honour of the parliam●●● and of the committee of the navy and customes , 〈◊〉 their faithfull transacting of all the affaires 〈◊〉 to their trust and charge : that they have been 〈◊〉 not with any base or private ends or advantages , 〈◊〉 with publick spirits to the honour of the parlia●●●● good of the people , advantage and safety of the ●●●dom . by giles grene esquire a member of the honourable house of commons . finis . an act for continuance of the imposition upon coals, towards the building and maintaining ships for garding the seas england and wales. this text is an enriched version of the tcp digital transcription a37555 of text r40491 in the english short title catalog (wing e1012). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 1 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a37555 wing e1012 estc r40491 19340522 ocm 19340522 108713 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a37555) transcribed from: (early english books online ; image set 108713) images scanned from microfilm: (early english books, 1641-1700 ; 1668:19) an act for continuance of the imposition upon coals, towards the building and maintaining ships for garding the seas england and wales. 1 broadside. printed by john field ..., london : 1652. reproduction of original in the british library. eng england and wales. -parliament. -act for laying an imposition upon coals towards the building and maintaining ships for garding the seas. coal -taxation -great britain. taxation -law and legislation -great britain. a37555 r40491 (wing e1012). civilwar no an act for continuance of the imposition upon coals, towards the building and maintaining ships for garding the seas. england and wales 1653 159 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-05 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion seal or coat of arms of the commonwealth 22. march 1653 an act for continuance of the imposition upon coals , towards the building and maintaining ships for garding the seas . be it enacted by this present parliament , and by the authority thereof , that one act of this present parliament , entituled , an act for laying an imposition upon coals , towards the building and maintaining ships for garding the seas : and all powers and clauses therein contained , be and are hereby continued , and shall and do stand in full force until the six and twentieth day of march , in the year one thousand six hundred fifty and four . tuesday the two and twentieth of march , 1652. ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printed to the parliament of england . 1652. an humble representation from his excellencie sir thomas fairfax, and the councel of the armie concerning their past endeavours, and now finall desires for the puting of the souldiery into constant pay : for the immediate disburthening the kingdom of free quarter, the prevention of any further encrease of arrears, and in order to the better disbanding of supernumeraries, and other things concerning the souldiery : humbly presented to the right honourable the houses of parliament / by colonell sir hardresse waller, and colonell whaley, decemb. 7, 1647. england and wales. army. this text is an enriched version of the tcp digital transcription a40069 of text r22025 in the english short title catalog (wing f169). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 56 kb of xml-encoded text transcribed from 14 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a40069 wing f169 estc r22025 12298752 ocm 12298752 59117 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a40069) transcribed from: (early english books online ; image set 59117) images scanned from microfilm: (early english books, 1641-1700 ; 626:5) an humble representation from his excellencie sir thomas fairfax, and the councel of the armie concerning their past endeavours, and now finall desires for the puting of the souldiery into constant pay : for the immediate disburthening the kingdom of free quarter, the prevention of any further encrease of arrears, and in order to the better disbanding of supernumeraries, and other things concerning the souldiery : humbly presented to the right honourable the houses of parliament / by colonell sir hardresse waller, and colonell whaley, decemb. 7, 1647. england and wales. army. fairfax, thomas fairfax, baron, 1612-1671. [2], 25 p. printed by john clowes for george whittington ..., london : 1647. "by the appointment of his excellency, sir thomas fairfax, and the councell of the army. signed john rushworth, secretary." reproduction of original in the university of illinois (urbana-champaign campus). library. eng england and wales. -army. great britain -history -civil war, 1642-1649. a40069 r22025 (wing f169). civilwar no an humble representation from his excellencie sir thomas fairfax, and the councel of the armie; concerning their past endeavours, and now fi england and wales. army. council 1647 10224 215 0 0 0 0 0 210 f the rate of 210 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2005-08 tcp assigned for keying and markup 2006-01 spi global keyed and coded from proquest page images 2006-07 elspeth healey sampled and proofread 2006-07 elspeth healey text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion an humble representation from his excellencie sir thomas fairfax , and the councel of the armie ; concerning their past endeavours , and now small desires for the puting of the souldiery into constant pay . for the immediate disburthening the kingdom of free quarter , the preven●ion of any further encrease of arrears , and in order to the better disbanding of supernumeraries , and other things concerning the souldiery . humbly presented to the right honourable the houses of parliament , by colonell sir hardresse wa●…er , and colonell whaley , decemb. 7. 1647. by the appointment of his excellencie sir thomas fairfax , and the councell of the army . signed jo ▪ r●shworth , secr. decemb. 7. imprimatur gilbert mabbott . printed at london by john clowes , for george whit●…ng●on , at the blue anchor in cornhill near the royall exchange , 1647. an humble representatjon from his excellency , sir thomas fairfax , and the councell of the army . since , by the blessing of god , the speakers and members of both houses ( that had been driven away ) were without blood restored , and have been ever since secured to sit and attend their duty in parliament , with what patience god hath given us to wait for the resolutions of those things we have insi●ted on or offered , tending to the future security of the parliament , the j●st satisfaction of the souldiery , and the ●ase and settlement of the kingdom , we need not use many words to set forth ; the expence of above 4. moneths time , in quiet expectation thereof , with so little satisfaction does sufficiently speak . as to what fruit we have found , in any thing done to any of those ends , we are sorry we can s●y so li●tle thereof , or that we have occasion to say so muc● to the de●a●e● , neglects , and obstructions ▪ thereof , as ●ow we are constrain●d to doe , but what ever those d●layes or negl●cts have been , o● where-ever the fault ha●h been , w● are sure the bla●e th●reof hath been laid upon us , almost ●n all han●s , and this is the ▪ fruit we have found from the hands of men , of all our patient waiting hitherto . it is not unk●own what reproaches and scan●all , in this ki●d have been cast upon us , and what use and advantage hath been ma●e of those delayes , thereby to work up●n the impatience of the souldiers , and countr●● , to ince●●e 〈◊〉 ●ountrey against the a●my , an● bo●h the cou●trey and army against us , as if it had been our fau●t ●●a●on , that no more was do●e . and to what an height of scand●ll a●d discontent against us , the pretence hereof was driven , 〈…〉 hav● been thereupon , to withd●aw th● 〈…〉 ( as having betrayed or failed and neglect●d both theirs and t●e kingdomes interest ) to divide and distemper the a●my , and to enga●e both the souldiery and many other well affected people ( under the same notion and pretence ) in way●s of dist●actio● and confusion , and ( as we accompt●d the● ) o● most i●minent dangers , both to the parliament , city , and kingdom , we need not now spend time to express● ; we b●li●ve a●l tha● wisht w●ll ●o the publike were so deeply sensible thereof , as they cannot so suddenly forget it , and others ( w●o had any thing to lose or haz●d ) though perhaps so farre as they had hop●s , the army might that way have destroyed it selfe , they might have some secret rejoycing at it , and may now be sory the business● is so well over without that offer , yea , so ●arre a● they considered t●e bottomlesse depth and endlesse danger of it , they could not but b● aff●cted with it , so as we need n●t mention i● save to mind men of what danger and mischief god hath therein d●livered them from , and whence the greatest a●vantage to the rise and growth of it , was ( even from delayes and flow proceedings in those things which the long expectations of the souldiery and kingdom have been set upon , and to obs●rve how apt both the souldiery and people through tedious delayes in such cases , are to hearken to any party , and try any new way propos●d ( under the notion of more speedy and eff●ctuall , though perhaps so farre from reall remedy as that ●● indeed endangers the utter lesse of their end , with ruine and distruction ●o both . to pr●vent the p●ogresse of this growing danger to all ; we have lately exposed our selves to the utmost h●zard , and being act●d therein from some ●●arre●●●n●●● confer●nces , that the fault of those delayes lay not upon us [ as wa● s●an alous● suggested ] and a co●● ; i●nce in god 〈◊〉 would appear , to vindicate ●hat m●asure of 〈◊〉 and integri●y , he had given us i● the thing , though with ma●y fail●●●s and miscarriag●s on our part , we were led forth by him , wi●ho●● any artifice , whereby to vindicate or ex●use our selves , nakedly to cast our selves , and the businesse upon him , and to his praise w● must speake i● , he hath appeared in an answerab●e 〈◊〉 ; wher●of the parliament a●d kingdom ●ath had an accompt , and wherein they may se● , and we wish they may with us ●ake notice and be mindfull of , the mercy and goodnesse of god in our deliverance more added to all the rest , and therein the army , which in casting of all b●nds of order and government , was like to have been let loose to be a plague and bane both to the kingdom and it selfe , once more reduced unto that temper and discipline which may render it , through and under god , a further security and stay to the kingdom , and in due time bring it to a quiet disbanding , when just satisfaction , with set●lement and safety , shall a●mit . but [ as hath in part been done already ] we must again mind the parliament upon what tearmes this hath been wrought , the generall [ as we all wit● and under him ] stands engaged to the army , for the lawfull prosecution of the souldiers concernments and some generall fundamentall things for the kingdoms and ( in confidence of the parliament good accep●ance of the service thereby done , and of there reall intention and promised effectuall resolution , to give satisfaction in those things ) hath in a manner undertaken for the parliament therein . we wish we may see a cause to acknowledge a just sence of his excelencie ; good affection , & service in that busines , or at least of their owne engagement , or the kingdoms concernment therein , and that we had not cause to apprehend either a strange neglect thereof growing upon many , or rather ( in some ) the sad symptomes of an evill eye , at the service it self , as if they did regret the happy composure of those distractions begun in the army and the reuniting of it , or did grudge the good hand of god towards it , and the kingdom therein , that in mercy would not suffer it to run on in these distractions to its own ruine and the kingdoms . for though it be most evident that had god given up the army to cast off the reins of government and order , and to go on in those distracting and confounding wayes , ( which it was endeavoured to be drawn into ) both it and other forces of the kingdom , were like ere this time to have been engaged in blood , one against another , or else united onely in some desperate course of rending and tearing out the bowels and vitals of the kingdom , and plucking up or endangering all foundations of order , peace and government therein ( yea and of all right and property too ) yet the envy and malignity of some mens spirits against this army , and against the interests of good men therein , seems to be such , as if they had rather have seen it so , then that this army should again be an united piece ; and we clearly apprehend the same principles ( that swaid heretofore ) none again prevailing , as if there were no good so desirable or evill so formidable ; which the breaking of this army ( with as much ignominy , and confusion as may be ) would not , in their accompt , countervail ; and if such an envious and evill spirit be indeed lodged and working in the hearts of any , we desire god in mercy to convince them of it , least he confound them for it . for our parts having the witnesse of god in our consciences that though we are not without weak and frail workings of our fleshly hearts in all our ways ( yet for the main ) we have in all our engagements , from the beginning of the warre , had the work of god and the kingdom in our eye , and not our own , and that since the army ( by the oppressive provoking and spitefull proceedings of men acted by the aforesaid envious principles against it ) was raised into such resolutions , and driven into such a posture as put it past the power of the officer to bring it to a quiet disba●ding , without further satisfaction and security ; it hath been our main end in continuing with it and almost our whole work , to keep it within compasse and moderation , to withhold it f●om extremities of all sorts , and from that mischief to the kingdom or itself , which our withdrawi●g and taking off our hands from the gover●ment of it , would have let it loose unto , to make use of it and of the provide●ce that brought it to that passe ( if possible ) to some good issue for the just liberty , safety and set●lement of the kingdom , and bring the army to some bottom of seasonable satisfaction wherein it might acqu●esce , and at last come to a quiet disbanding ; and ( in ●ransact●on of all this ) with all tendernesse and patience to preserve [ if possible ] the authority and peace of the kingdom , and prevent new broyls , which severall parti●s and int●rests have been ●o apt unto . having , we say , the witnesse of these things within us , when , on the other side , we co●sider ●hat unworthy requitalls for all this we meet with from the hands of men , how we are loaded with reproaches for it , and ●●ndered the only disturbers of the k●ngdom , & the authors of its burthens , as if for private en●s or designes we kept up the army ) & how generally most men [ even of the parliament party , for whose preservation and for prevention of whose ruine amongst others , we have exposed our selves to all ●azards therin ) do either from dis●ff●ction or ●●sign to divide and break the army , with-hold ●r obst●●ct all supplies and satisfaction w●ich might keep it inord●● , uni●n or repu●e ; we confesse , when we 〈◊〉 these 〈◊〉 wee are ready to apprehend tha● god doth herein 〈◊〉 most justly to upbraid cu● ca●e an● 〈◊〉 , to ●●eserve a people given up ( as we begin to fear ) to their ●wn destruction , and which 〈◊〉 to chuse it rather , the●●ot to have their own facti●us i●terests or envy fulfilled , rather then to own their preservation , in the least degree , by th●se whom god hath app●ared willing to use for their preservation and deliveran●● . and rather then we would further incur the ●dium and scandall of being the only publike disturb●rs and oppressors ( so unworthily cast upon us meerly for our good-will , and endeavours to prevent greater mi●chiefs ) we are apt to c●use rather to withdraw f●ō our present station ( though wi●h hazard of our personall safeties , and the ●●●e not only of any imagined benefit of fu●ure empl●yment , but even our arreares , for what service we have done ) and so leaving all to what ever confusion god in ●is righteous judgment may see good to bring upon the na●ion , to cast our selves wholly upon him , to pr●s●rve a●d provide for us in the middest th●●eof , or if god in mercy 〈◊〉 better things to the kingdom , or hath found 〈◊〉 in us ( which wee con●●sse he may ) r●●d ring us unwor●hy to be any further instruments thereof , we should desir● , with meeknesse and rejoycing , to see any oth●r whom he finds , or the kingdom judgeth more wor●hy to take up our present charges : but fi●ding n●t as yet any s●c● c●●●r ●ischarge as would ( ●o our apprehensions ) fully acquit us before god or man , to leave the army or kingdom in their present condition , we shal , in discharge of our duty to the u●most , add this one assay more to bring both into a be●ter , if god in mercy see it good : we shall therefore once more begg the parliament timely to consider and provide effectually for these things exprest in the late remonstrance published at the severall randezvous of the army , vpon his excellencies continued conjunction , wherein the disconten●s in the army were quieted , the distractions composed , and the due order and discipline of it , recovered and submitted to . and amongst these things , since the greatest and most immediate and pressing evill to the souldiery is want of pay , and to the countrey , the disorders , exactions , and abuses of the souldiery with the burthen & annoyances free quarter ( thereby enforced ) and which ( if once provided for ) gives time of consideration for other things , we shal first apply to that either to obtaine , a present remedy , or at least , to acquit and discharge our selves in that point . of the many evills thereof both to the souldiery and country we have long beene sadly sensible , and many wayes and often expressed our sence thereof , but we have bin most troubled at it , since that necessity which heretofore inforced it , ( viz. the straitnes of the quarters the parliament had to raise money in ) was taken away , and all parts of the kingdome have beene cleared from any enemy , and free for the equall levying of money to supply the necessities of the whole ; and it seemes a matter of wonder to us , or an argument of great improvidence ( at best ) that since that time the souldiery ( though much lessened in number ) should be no better paid or provided for then before ; from the sence of these things we have made frequent addresses to the parliament , for a sufficient establishment and provision of pay for the army and other forces of the kingdome , untill they might ( with safety to the kingdome , and just satisfaction or security to themselves ( in point of arrears ▪ indemnity &c. ) be disbanded or otherwise imployed out of the kingdome , we have long waited with patience as aforesaid , for some fruit of our addresses , at least , in this point : but what through the difficulty or delay of getting things past in parliament to this purpose , or of putting in● execution those ordinances that have beene passed , and the neglect or slownesse of country committees , assessors , or collectors to do their duty therein , what through the malignancy of some who ( in designe to breake or distract the army as aforesaid ) for want of pay , and to disaffect the country thereto by necessitated free quarter ) doe industriously retard all supplyes of money , and what through the generall backwardnesse of all ( especially in the city of london , ) to part with it , we have yet found little fruit of all our addresses , and endeavours in this kind , there being not as yet an establishment of contribution , for pay of the souldiery , any whit neare proportionable to the numbers that are yet kept up , or any effectuall execution of the powers already given for raising of the taxes already charged upon the kingdome , so as we remaine yet , as farre as ever , from that supply of pay to the army , at other forces ; whereby either the burthen and grievances of free quarter can be taken off , or the necessity of the souldiery competently supplyed o● their discontents in any measure removed or disorder prevented , or good discipline preserved , and ( which is most sad ) in the garrisons of the kingdome ( and those of most importance ) where the souldiery have not , nor can well have that benefit of quarter for their subsistance ( as the army and field forces have yet ) they have very long beene without any supply of pay at all , so as divers poore souldiers in some of them have actually starved , and died for want , in attendance upon their duties , others forced by extremitie of want to quit their service , and the rest ready to ●terve or quit the garrisons to any that will possesse them ; and as it is most apparant , that the present proportion of tax ( if duly levied ) could not competently supply them , and others too ( in an equall distribution thereof , considering the number that are yet in being ) so the committees in many countries ( where such garrisons are , that have engaged with the army ) doe refuse to levie those small proportions of money , that have been assigned for the present reliefe to such garrisons , but are content to see the aforesaid miseries of the souldierie , and danger to the garrisons , rather then doe their parts , to give the least remedie to either , divers of them telling the souldiers plainly ( as wee are informed ) that if they had declared against the army , they should not have wanted , but having engaged with it , they must expect neither quarter nor pay , but what they get from the army . if we or this poore army have deserved such hatred and despite , ( especially from pretending friends to the parliament , and the kingdomes interest ) we would ●aine be plainly told and convinced wherein , otherwise wee cannot but account it most unchristian and inhumane dealing , and such as can have no better root , then most envious faction , void of all regard to publike interest ; and wee would have all such know , that if we had borne the same mind , or could have alowed our selves by power to pur●ue the ruine of adverse parties by indirect or unchristian wayes , or otherwise to set up a party of our owne and suppresse all others , or if wee had not ●ill ( according to our first principles ) loved much more the wayes of common right and freedome , and the proceeding in all such things by parliament in order thereunto , or if wee had not in the way of ordering our affaires since the armies ingagement , consulted mo●e the preserving of peace in the kingdome , and to prevent the rise of any new warre , then our owne advantage or security , wee could ( to speake as men with the power and advantages god hath put into our hands ) long ere this time ( as yet also wee might ) have put the army and all other forces engaged with it into such a posture , as to have assured themselves of pay whi●e continued ▪ and probably to have made our opposers in the kingdome and city too , willing to have followed us with offers of satisfaction , as to arreares , and other dues that concerne the sould●ery ; or wee could have told how to prosecute those advantages wee have had to the suppression , if not destruction of adverse parties and interests ▪ so as they should not ( probably ) have had those foundations or possibilities to grow up againe , to our further trouble or danger ( as now they seeme to have ; ) and all this with reason and justice enough too , but that wee have studied the preservation , and good of all , without ruine or destruction to any , as farre as wee could , and have ( through god ) been acted therein , in some measure , with that mildnesse , moderation , patience , and love that becomes the name of christ ; and wee are yet confident , wee shall at last loose nothing by it ; but ( to returne to our purpose , as to the inconveniences and dangers of a new provision for the souldery in point of pay , the parliament hath had sufficient cautions and warnings , especially in the late distra●tions ; and though , while the danger thereof continued visible , it was largely professed ( if that danger could be removed , and the army reduced into order and discipline ) we should have what provision wee would with reason in that point , and the same ( with much more ) upon the first hopes of overcomming that danger , was as largely promised ; yet now the danger is over ▪ wee see little better care of performance then before . but after many dayes since elapsed , and some spent in professed consideration of it , the whole care of that businesse seemes to be wrapt up in one bare vote , viz. [ that all supernumerary forces shall be disbanded . ] as to which matter of disbanding supernumeraries ( so it bee with reasonable satisfaction in point of arreares , ) we are so farre from opposing , or obstructing it , that ( for the speedy easing of the kingdomes burthens by it ) wee shall readily give all furtherance and assistance to it , and shall ( by and by ) offer that incouragement thereto , as will demonstrate the same , and on such tearmes wee should our selves most gladly bee of those supernumeraries that should come first to disbanding . but , as to the thought of present disbanding all supernumeraries ( according to the vote ) first we cannot but wish it be considered , whether with any respect at all to the service , and reliefe of ireland , the parliament can well disband them all , unto which service ( as there might have beene a great advancement of assistance long since , but for the prevalence of faction and designe to breake that force that might have afforded it , as wee have formerly remonstrated ) so we have more lately contributed our parts , in the offer and designation of a very considerable force thereunto , and there hath ▪ wanted nothing but resolution and money , with expedition to send them over , which was not within our power . but if ( with respect to that service and the safety of this kingdome ) the parliament can yet lessen their forces so much , as to bring them neere the compasse of sixty thousand pounds a moneths pa● , yet , wee wish it be withall , considered how many those supernumeraries are , that must so come to bee presently disbanded ( which , to bring the residue within that compasse , would bee little lesse then twenty thousand of one sort or other ) and ( if so ) how great a summe it would require , to give any reasonable satisfaction to so many in point of arreares in hand ; and ( by the hardnesse of getting so much money as to piece up the moneths pay to the army ) wee have much reason to doubt how long the parliament will be in raising such a summe together , or where they will ▪ suddenly find money , to give competent satisfaction to the proportion but of a regiment or two upon a present disbanding , and unlesse they be provided with present money , to give reasonable satisfaction to so many at once , as would to that end come to be disbanded , the parliament must either turn them off presently with extreame dissatisfaction and disobligation ( which would render them apt to rise again with any party against the parliament who would give them hope of better dealing , or but of revenge ) or else must continue them untill better provided . and though there were mony ready for a competent part of arrears in hand , yet it will be necessary however that they be continued some time for the stating of their accounts and giving debentures for the remainder , for ( besides the injustice and dissatisfaction of turning the souldiers off without that ) we presume the parliament hath had too much experience already of the bottomlesse ill consequences of not ascertaining their accounts and arrears before disbanding , and not keeping the same registred together , by the endlesse clamours and out-cries of particular persons for arrears , and the vast summes expended thereupon without end of satisfaction ( the persons or their sta●e of arrears through neglect of taking such accounts before disbanding ) having never been certainly known , nor any end either of their number or claims ) and the dispatch of such accompts , for those that remaine , before disbanding , will certainly take up some time ( we doubt ) some moneths ; now , if thus any part of the supernumeraries ( above what the sixty thousand pounds a moneth will pay ) shall either for the time of stating their accounts or longer ( for want of present mony to disband withall ) be continued , both they and all other souldiers in the kingdome must so long remaine without constant pay , and consequently go upon free quarter the while , unlesse the tax for their pay be ( for the mean time ) proportionably increased ; for the sixty thousand pounds a moneth , not affording any assignement for such supernumeraries pay , those must of necessity go unpayd the while and consequently upon free quarter , and their going anywhere upon free quarter will hinder the coming in of the contribution of those parts which should be to pay some others , and so they likewise must go upon free quarter the while : which will in like manner hinder the pay and necessitate the like free quartering of others , so as all wil that while be equally hindered of constant pa● , and forced to take free quarter still ; but ( besides these aforementioned certain and visible occasions of delayes to the present effect of the vo●e for disbanding all supernumeraries ( we doubt it will find many other difficulties and obstructions to the speedy and effectuall dispatch thereof , and prove not so easie or so well executed as voted ; so that , though we wish that businesse of disbanding supernumeraries , put into a way of as speedy execution as may be , yet upon all these considerations we cannot imagine that vote to be absolute and soveraigne , nor so speedy or timely a cure of the souldiers wants , and discontents , or the countries grievance in their free quarter , as the nature of the maladie and temper of the patient requires ; wee shall therefore offer our finall advice for some other : first setting downe the particulars , and then shewing the efficacy and benefit thereof ; the particulars ( which we have in part heretofore propounded to the parliament ) are these ; 1 that the parliament do forthwith enlarge their monethly contribution for five or six moneths , to the full proportion of the pay of all the forces now in being within this kingdome ( or at least of so many of them as they are not provided with present money to disband ) and to a considerable proportion ( viz. about ten thousand pounds a moneth ) over ; which ( by a neere estimate ) we conceive would well be by the addition of forty thousand pounds per mensem to the present sixty thousand pounds , and with lesse we beleive it cannot 〈◊〉 ) ; and the same committees to be appointed and to have the same power for the levying of this as for the former sixty thousand pounds , and the same penalties for neglects or defaults therein , as for the arreares of former taxes to the army , and for more speedy passing of this unlesse some visible inequallity in the rates of countries could be readily rectified without delay to the passing of it , we wish it might , ( being but for that short space ) passe according to the same rates as the sixty thousand pounds ; and for the kingdomes better sattisfaction herein it may be resolved and declared . i. that upon this inlargement and the effectuall leavying of it in the respective counties , no free quarter at all shall ( from within a month at most after passing the ordinance ) be taken in any county or place where it shall be duly leavyed and paid . ii. that it is intended this inlargement of tax shall not be continued beyond the space of the months limitted , and that in the meane time , as the parliament can find money , and safety to disband and lessen their forces , so ( if that lessening be considerable ) they nill by degrees lessen the said tax proportionably . 2 vve desire that for the more sure and effectuall leavying of the whole tax , the generall and committee of the army , or one of them may have power ( in case of any county committees neglect or failing therein ) to add new men to any the respective committees who ( thereupon ) to have the same power as the committees named in the ordinance have . 3. that for more sure and ready payment of the souldiery out of this , the forces which cannot , or are not provided for to be forthwith disbanded , may be immediately assigned to severall counties or associations of counties , out of whose taxes they shall be paid , and that the generall may have power accordingly to make such distribution & assignments giving notice and accompt thereof to the committee of the army , and they thereupon to take order for the payment of the forces so assigned , immediately out of the counties or associations to which they are assigned , and that the payment be made according to due musters and according to the last establishment ( as to the rate of each officers pay ) and the surplusage of any counties taxes above the due pay of their forces so assigned to be paid out of them , to be ( at the care and oversight of the same committee for the army ) called for and paid into the common treasury , for such generall vses as shall be found necessary relating to the forces and service within this kingdom , by warrant from the generall or committee for the army according to the usuall course of limitations heretofore ; and the remainder or surplusage of the said taxes of the whole kingdome ( above the uses aforesaid ) to be for the supply and reliefe of the forces already in ireland , or other publique uses as the parliament shall thinke fit ; and the same committee likewise , with the treasurers , to take care for the methodizing , and ballancing of the whole accompts , and to have power for the imploying of officers needfull for the dispatch and accommodation of this service , and to make allowance of salaries to them , ( within some reasonable limitation ) particularly that there be allowances for so many deputy commissaries of musters as upon the practick of this distribution , the generall and committee shall find needfull ; and the treasures generall out of their salary ( in regard of this accession to it ) to maintaine so many deputy treasurers as the generall and committee of the army shall find needfull to be imployed , and reside in such severall parts of the kingdom as the generall shall find convenient for that service . 4. that the security for arreares being setled as hath been already and is againe hereafter propounded , the parliament would speedily send downe commissioners to the army , and appoint the like for other forces of the kingdome , to state accompts and give debenturs , whereby the souldier may before disbanding , have his arreares ascertain'd to him , as a cleere debt to be paid him out of that security ; and that one office or registry may be appointed into which all accompts so taken may be returned , and all the arreares registred to be paid in order , as is hereafter exprest , and for this office we offer that two registers , with four clarkes may be allowed to have reasonable salaries out of the revenue issuing out of the said security , and this we desire may be hastened for the speedier preparation to the worke of disbanding ; that such as are to be disbanded may be ready for it , by that time the parliament can provide money where-with to disband any of them , and that so by disbanding the supernumeraries as fast as may be , way may be made for the speedier lessening and taking off the taxes by degrees . now , for the advantage and benefit of the things here propounded , they will appeare as followeth , viz. whereas upon the former supposition ( that the putting off the soldiery that are to be continued into a way of constant pay , do depend only upon the disbanding of all supernumeraries , whom the present tax will not extend to pay ) it s most evident ( as before demonstrated ) that none can be put into present pay , but all must goe on upon free quarter , so long as untill every one of the said supernumeraries be disbanded ( which what ever may be imagined ) though no other difficulties or obstructions should happen then what are now visible , as before mentioned , would not be effected , nor ( we doubt ) provided for in three or foure moneths time , wee wish it prove so soon : but we much feare interruptions , or delayes , will happen to make it much longer , and all that while ( free quarter continuing as before ) the burthen thereof ( besides the anoyances ) though it fall more lightly upon some parts and heavier upon others , yet in the whole it damnifies the kingdom as much as the said increased contributions come to . the soldiers also must have ( besides his quarters ) some pay in hand the mean while ( otherwise he can neither subsist nor be kept in order ) yet still he accounts ( at least ) half of his pay for the remaining time , in arrear to him , so as that further debt doth also grow upon the kingdoms score ; now contrary-wise ( the things we have propounded being granted ) that bare contribution answers all ; for we dare under take , within a fortnight after granting of them , all the forces of the kingdom shall be assigned where , & how to receive their pay constātly , til disbanded ; & so no more freequarter shal hēceforth be taken , no part of the kingdom any more unequally oppressed thereby , nor any further debt of arrears hence forth incurred upon the kingdom , and the worke of disbanding supernumeraries not at all hindred , but much facilitated thereby , and as the parliament findes money and safety to disband any of them , they may by the same degrees either lessen the taxe proportionably , or will have so much more surplusage thence from , towards reliefe of ireland , or towards disbanding of others , or any other publique uses . and now for furtherance and encouragement in the matter of d●sbanding ( those things afore mentioned being granted ) wee shall ( for the armie and other forces engaged with it ) offer and agree to these rules following , 1. that such of the said forces as shall come to be disbanded as supernumeraries , shall ( out of the moneys to be raised upon the security for arreares ) have the full moity of their arreares first made good to them , as moneyes come in hereupon , before those which fall out to be continued shall receive any part of theirs , and after that ( when those that continue , shall have received the like proportion of theirs then ) these that shal be disbanded to receive the other moity or full remainder of their arreares , before these that continue any more . 2. that those of them which shall disband , shall ( as moneyes come in upon the said security ) receive their proportions of arreares in the same order and course as they disband , ( of which order and course a remembrance to bee entered and kept in the afore-said regestry of these accompts ) the persons of the regiment , troope , or company first disbanding , and so the rest in course , to receive first what was due to them at disbanding ( to make up their first moity ) by two equall portions , and likewise to receive their second moity at twice , by equall portions , in the same course as they disband . now for our desire in the first proposition afore-going , ( to have the increase of contribution extended to the proportion of ten thousand pounds a moneth ( by estimate ) over & above what we thinke the just pay for the souldiery now in being in the kingdome , and not ready for present disbanding will come to : the reason is , partly , that there may bee ( certaine ) some present supply out of it for the force in ireland , and partly because , if the contribution should be set scant of , or but just answerable to the pay of the souldiery , the many contingences and acc●ssary charges ( not to be fore-seen , and the probable failings of full levying the contribution in some parts , would necessitate the going of some upon free quarter , ( which would disturb the order , and constant pay of the whole ) and it would also r●q●ire much time to proportion the forces , to be assigned upon the severall counties exactly to the contributions of them , which would make it long e're free quarters could be taken off , since none could be assigned where to be paid , untill the pay of each part of the souldiery were exactly computed , and all of them as exactly distributed according to each counties taxe ; ) whereas the taxes being laid to a sufficient proportion above the just pay , we can immediately make distributions and assignments lye estimate , so as to be sure the taxes of each county exceed the pay of the souldiers assigned to it , and though so , one county have more , and another fewer souldiers assigned to them then ( upon an exact distribution according to the number and pay of the souldiery ) their just proportion would come to , yet none having so many , but that their taxes wil do more then pay them , no part will beare above its due proportion of charge , and those parts which have least numbers of souldiers assigned upon them , yet will beare their due proportion of charge , either in pay to the souldiers , or in the surplusage of their taxe above it ; which , being collected into the common treasury , will be for reliefe to ireland , or other publique uses , so as the surplusage ( either in particular counties above their particular assignments , or of the whole kingdomes taxes , above the pay of the whole souldiery in i● ) will bee no losse ; but ( as to some present and certaine reliefe for ireland out of it , upon supposition of the hundred thousand pounds a moneth ) wee shall ( besides the surplusage of every counties taxe above the pay of the souldiers to be assigned to it ) fore-cast in the distributions and assignments , to leavye the taxes of some counties , ( and that as many as may be ) to come intirely into the common treasury for the reliefe of ireland , without assaying any of the forces in england to bee paid out of them . and for that power desired for making such distributions and assignments , the advantages and benefits of that way of reparticion ( as to the more sure and ready payment of soldiers ) are sufficiently knowne and tryed : and it is most evident , that without it , ( if no souldiers be paid before the moneyes be first collected in the severall counties , and then sent into the common treasury for all the kingdome , and then sent to the head quarters , or thence distributed to the severall forces within the kingdome , it is in vaine to think that the souldiers can be supplyed with money afore-hand , or timely enough to make him pay quarters , and 't is as good ( almost ) not at all , as not in time . wee have thus propounded a way whereby all the souldiery of the kingdome may bee instantly put in a condition of constant pay ( while continued ) and thereby bee kept in order and discipline , all free quarter ( with the abuses , exactions , annoyances , and unequall pressures that accompany it ) immediately taken off , no further debt of arreares incurred upon the kingdome , and that which is already incurred , put in a way to bee recovered and overcome in time , and whereby the supernumerary forces may shortly be disbanded by degrees ( as the parliament can finde money to doe it ) and will bee satisfiable to disband , with lesse money in hand , without danger of dis-obligation therein , and whereby also the additionall charge ( now propounded ) with other burthens of the kingdome may by the same degrees be lessened and eased with safety and satisfaction , untill all can bee taken off . and as it is evident , that if such a course as this had been taken sooner , and the parliament ( as they found the severall parts of the kingdome cleared from the enemy , and eased of the oppressions they suffered under them ) had by degrees extended an equall contribution over all parts in a proportion sufficient to have payed all their forces ( while they continued them ) the kingdome had been eased of free quarter , and no further debt of arreares to the soldiery incurred upon it , for ( at least ) a yeare and halfe agoe , those that have been disbanded had not been put off with so much disobligation ( as some have been ) nor had their claimes and endlesse demands since brought such troubles upon , or drawne such vast arrears from the parliament and kingdome , and those that now remaine to be disbanded had been much easier satisfyable and more readily disbanded ; so if such a course ( as is here propounded ) be not speedily taken , but the putting off the soldiery into a way of pay be left to depend only , upon the disbanding of all supernumeraries ( and that so unprovided for ) or so uncertainly and slowly provided for , and proceeded in ( as without this course ) it is like to be ) it is most evident ( besides unforeseen dangers of discontent both in the soldiery and country of difficulties to disband , or interruptions and dissatisfactions in it ) that the non-disbanding of some will so long occasion the non-payment of all , and continue free quarter , with the inconveniences thereof upon all , and the non-payment of all may hinder the disbandin● of any , and so both debts and discontents grow upon the soldiery and kingdome , ( perhaps ) till it passe the power either of the generall and officers , to compose the one , or the parliament and kingdome to satisfie the other . having therefore thus sufficiently d●scharged our selves in this point , so as we shall ( we hope ) stand acquitted before god and men from whatever evils ensue upon any further neglect thereof ; we must now declare , that we find the just expectations of the army herein ( especially since the generalls late eengagement or undertakings at the randezvouz ) are so great and earnest , the clamours & outcryes to us from other forces , & garrisons of the kingdome ingaged with the army ( for their extreame necessity , and our apprehended neglect of equall provision for them ) are so sad and pressing , the discontents of the country ( from the oppressions of free quarter ) are so full and yet growing , and almost desperate , and the distempers distractions , and dangers threatened by all these are so vast and emminent , as wee can no longer stand and under the burthen or blame of them . but if the things here before propounded be not granted and passed effectually ( or a certaine course setled according to the eff●ct of them ) by the end of this present week ; wee can no longer give account of the army or other forces in a regular way ; but unlesse wee find satisfaction in our judgements , to take some extraordinary wayes of power ; we must let the soldiery and k●ngdome know , that we cannot satisfie their just expectation , and thereupon desire that the charge of the soldiery may be transmitted to others ; if the parliament shall approve , and passe what we have here propounded , we must ( for the better prosecution and effecting thereof ) add , that the superlative backwardnesse and obstinacy , or disaff●ction rather of those within the city , who have thus long with-held their arrears of taxes , ( so long since due to the army ) may not escape either with v●ctory therein , or without examplary suffering ( at least ) by strict and speedy levying as well the penalties , as the arreares themselves , and ( for that purpose ) that the parliament would reassume the consideration of the generalls late letters about that busines , to the committee of the army , and reveiw that to the lord majo● and common councell , wherein the ill consequences both of the wilfull neglect of the thing , and of the armies withdrawing to a further distance before it be done , or of its continuing longer here abouts , in the delatory ( and perhapps ) frui●l●sse expectation thereof from the cities own actings therein may sufficiently appeare . to which we adde , that till it be done effectually ( and sharply to some ) the distribution of the forces to severall committees to be paid ( according to what is before propounded ) can neither be effectuall nor safe ; and we must therefore desire that unlesse it be thought fit , that the whole kingdome should groane still under the oppressions of free quarter , and these adjacent counties be undone chiefely while those of the city ( that occasional ) sit free from any tast of it , there may be no longer stop to the drawing in of the army , or a considerable part of it to quarter upon them in the city ( who had not paid before the said letters , untill they shal have paid both the arrears and ful penalties ; and though our tenderness of that cities safety & welfare , and our clearness from the least thought of evil towards it , or any base designe to make the least advantage to our selves , or the army by it hath sufficiently appeared , as in al our former demeanments , so in our cariage of the business upon our late advance towards it ( notwithstanding the just occasions , & great provocatitions thence so newly given ) as also in our innocent march through it , and quiet and patient waiting about it for those long-due arreares , without quartering any souldiers in it ; yet now , in justice , we cannot but desire that , ( besides the levying of the arreares at last ( for which wee have been put to stay so long ) there may now likewise some reparation be thought on from the city to the parts adjacent for above one hundred thousand pounds dammage sustained through the armies attendance here on the cities defaults and delayes ; which reparation , we ( if necessitated thereto , or called upon by the countrey ) must in their behalfe demand from the city to the full ; and now also ( the rather in order to that ) we must earnestly desire that the proceedings against those citizens and others lately impeacht may be hastned , and out of their fines or confiscations , some part of reparation may be made to the countries adjacent for the aforesaid dammages which the crimes of those persons and others in the city did first bring upon them ; and indeed , without something done against those persons , for example to others , before the armies with drawing , wee doe not see ( when it shall withdraw ) with what safety or freedome the parliament can sit longer at westminster , especially when wee finde the common councell ( through the parliaments and armies lenity ) to take the boldnesse already ( in the face of both ) to intercede for the release and acquitall ( or rather justification ) of those impeached persons , ( who indeed are but fellow-delionuents ( wee doubt ) to most of that councell ) as if that so actuall , immediate , and horrid a force upon both and the whole houses of parliament , and the levying of warre in abettment and prosecution thereof , and of that concurrent treasonable engagement , were already forgotten by them to have beene any crime ; the consideration whereof , and of the renewed confidence of master gewen and some other members of parliament , ( knowne to have beene partakers , if not principals in the same things ) who yet presume , and are suffered to appeare againe in the house ( as if in those things there had not been so much fault , as to render them lesse worthy of continuing in that highest trust ) makes us begin to fear , that , while so much of the same leaven ( through lenity and moderation ) is left behinde , it may shortly spread , til even the worst of the eleven members ( notwithstanding their doubled crimes ) be again called for in , unlesse the house ( by some exclusive resolutions and proceedings ) do timely prevent the same ; wee hope therefore the parl. will weigh these things , and speedily ( ere it be too late ) consult ( at least ) their own safety and the kindoms , if not ours and the armies , their poore servants , and something concerned with them ( especially ) in that affaire . next , we again more importunately desire , that those other so neare concernments of the souldiery ( exprest in the generalls late remonstrance at the rendezvouz ) may be speedily considered , and fully & effectually provided for ; in order to which wee shall here more particularly propound as followeth . first , as to the security for arrears , whereas ( in the late votes or proposition intended for that purpose ) the two thirds of the lands or compositions of certain delinquents assigned towards the said security , is onely of the delinquents within the three first qualifications of the 16th proposition ; we desire that may be altered so , as to be two thirds of the lands or compositions of all the delinquents that have not yet compounded . and next we must desire , that deans and chapters lands may be added ( with proviso for reasonable satisfaction or maintenance to such persons , as , having a present lawfull interest in any the revenues thereunto belonging , have not forfeited the same by delinquencie ) . these additions are desired , because the security as yet voted is justly estimated not to be sufficient , and since all that is propounded is but for security , if the security prove to exceed the arrears really due , the surplusage will be free for any other publick use , so as the state will not be damnified by these additions to the security . lastly , ( as to this businesse ) we desire , that the matters of security ( being resolved on as desired ) may be past into ordinance , and thereby put into a speedie and effectually way of raising moneys thereupon . secondly , for matter of indemnity , that if no indemnity more absolute can be provided , ( to free the souldiery from all question for things done in the war ) but that they must ( in case of question at law ) flie to some committee or commissioners for relief ; it may be provided for the ease of all , that ( either under the grand committee for indemnity , or otherwise by the immediate appointment of parliament ) there may be commissioners in each county impowered to give relief in such cases , as the grand committee now are ▪ and those commissioners to be such as ordinarily reside in the respective counties , and mixt of such as have been military officers to the parliament , together with such inhabitants as have appeared active and faithfull for the parliament in the late war ; for which purpose we shall ( if admitted ) offer names ; and that there may be a severe penalty layed upon judges , or other officers of justice , in case they shall proceed against any contrary to the ordinance for indemnity . thirdly , that sufficient provision be made in a certain , and no dishonourable way , for the relief and support of maimed souldiers , and the widows and orphans of men that dyed in the service , to continue during the lives of the maimed , and widows , and during the minority of their o●phans ; and that the same commissioners ( to be appointed in each county for indemnity as aforesaid ) or others in like manner mixt , may be impowered for this purpose also ; and in case of the death of any such commissioner , or their departure out of their respective counties , those that survive , or remain , may choose new ones to fill up the number . 4. thus for the just freedom of apprentices , who have served the parliament , there may be a sufficient penalty laid upon masters refusing or delaying to give the same , when their times are out , accounting the time they have served in the war as part . and that the apprentise may have his action at law for that penalty . 5. for freedom from impresting , that ( as no free-man of england , may be imprested for any forraign service , or other then for the immediate defence of it , so ) no souldier that hath voluntarily served the parliament in the late warre , for the liberties of the kingdom , may be liable to be prest , for any military service at all : and that it may be promised , that a certificate of his said service as a voluntier , under the hand and seale of his collonel , or other field officer , under whom he hath served , may be a sufficient protection and discharge to him , from any such impresting . having thus discharged our selves , in those matters which are our most proper , and immediate businesse ( the concernments of the souldiery ) and for which we redouble our desires , that the two first ( concerning the putting them into constant pay while continued , and provision for their arreares ) may be first considered , and immediately settled before any other businesse , and then that the rest of them may also be provided for , assoon as may be . now though the two first of these , want not their equall concernments to the kingdom , ( in the present taking of the oppression of free-quarter , preventing the increase of arrears , and providing or preparing for the more easie and satisfactory disbanding of supernumeraries , and thereby the better easing of the kingdoms burthens by degrees ) yet we cannot in any of our addresses of this kind , so far forget those things we have formerly declared concerning ( more purely ) the publick interest of the kingdom and our selves , as members of it , but we must herewith renew our humble and earnest desires , that no time may be lost by the parliament for the just consideration and dispatch of these things , both for the redresse of common greivances , releife of the oppressed ▪ and for the liberty , security , quiet and some safe settlements of the kingdome ; and more especially , that these things of this nature , exprest in the late remonstrance at the rendezvous , may in such settlement be fully and effectually provided for , ( and that ) with as much expedition as may be . and it is our hearts desire and hope , that herein the proceedings and resolutions of the parliament may be such , and so timous , as that we may not need any more to remind the parliament in any of those things which ( as far as with truth or any safety to that most obliging interest of the publique , and to those that have ingaged for it , we may forbeare ) we are most unwilling and take no pleasure to meddle in . windsor . 5. decem. 1647. by the appointment of his excellency , sir thomas fairfax , and the councell of the army . john rushworth secretary . finis . an ordinance of the lords and commons assembled in parliament, for reliefe of the subiect, who have been prejudiced by stopping and discontinuing of writs of error which said writs are to be sealed with the great seale of england, ordeined and estabished by both houses of parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a83127 of text r212179 in the english short title catalog (thomason 669.f.9[6]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83127 wing e1918 thomason 669.f.9[6] estc r212179 99870825 99870825 161104 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83127) transcribed from: (early english books online ; image set 161104) images scanned from microfilm: (thomason tracts ; 245:669f9[6]) an ordinance of the lords and commons assembled in parliament, for reliefe of the subiect, who have been prejudiced by stopping and discontinuing of writs of error which said writs are to be sealed with the great seale of england, ordeined and estabished by both houses of parliament. england and wales. parliament. 1 sheet ([1] p.) for edw. husbands, printed at london : 1644. order to print dated: 15 may 1644, and signed: h. elsinge cler. parl. d. com. steele notation: great under to. reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. writs -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a83127 r212179 (thomason 669.f.9[6]). civilwar no an ordinance of the lords and commons assembled in parliament, for reliefe of the subiect, who have been prejudiced by stopping and disconti england and wales. parliament. 1644 490 1 0 0 0 0 0 20 c the rate of 20 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-12 mona logarbo sampled and proofread 2007-12 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion official insignia an ordinance of the lords and commons assembled in parliament , for reliefe of the subiect , who have been prejudiced by stopping and discontinuing of writs of error , which said writs are to be sealed with the great seale of england , ordeined and established by both houses of parliament . the lords and commons assembled in parliament , taking into consideration the great prejudice and inconvenience that may & doth accrue to the subject by the stopping and delay of writs of error , and also by discontinuing of writs of error by the courts not sitting in the exchequer chamber , and by the not effectuall putting in execution the commands of the great seale of england ordeined and established by both houses of parliament ; doe order and ordeine , that all writs of error brought in any of his majesties courts at westminster , sealed with the said great seale and attested under the hands of any three or more of the commissioners of the said great seale , whereof one lord to be one , shall be signed by such of the iudges as are or shall be the ancient iudge then attending the said courts or any of them respectively , and that such signing by any one of the said iudges in the absence or vacancy of the chiefe iustice , or any other antient iudges shall be as good and effectuall as if the same had beene signed by the chiefe iustice or other antient iudge , any law , usage or other matter to the contrary thereof notwithstanding . and be it further ordeined , that whereas divers writs of error returnable in the exchequer chamber are discontinued by the not coming of the iudges there without any default of the parties prosecuting the said writs , be it ordeined that new writs of error being taken out , the iudges of the court to whom they shall be directed shall allow of the said writs of error in the same manner as they allowed the former writs , that so execution may be stayed till the same can be determined , and that all iudges , officers , and ministers , and other persons shall duly performe , obey and execute all such things as they or any of them shall be commanded or required to doe in their severall offices or places by force and vertue of the said great seale , as they should or ought to have done by force or vertue of any great seale of england , under paine of answering their contempt therein to both houses , and losse of their places . 15 may ▪ 1644. ordered by the commons assembled in parliament , that this ordinance be forthwith printed and published . h. elsinge cler. parl. d. com. printed at london for edw. husbands . 1644. to the honourable, the knights, citizens, and burgesses of the commons house, now assembled in parliament. the humble petition of arundell penruddock, widdow, late wife of john penruddock, esquire, deceased penruddock, arundell. this text is an enriched version of the tcp digital transcription a54282 of text r218222 in the english short title catalog (wing p1430a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a54282 wing p1430a estc r218222 99829833 99829833 34278 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a54282) transcribed from: (early english books online ; image set 34278) images scanned from microfilm: (early english books, 1641-1700 ; 2011:12) to the honourable, the knights, citizens, and burgesses of the commons house, now assembled in parliament. the humble petition of arundell penruddock, widdow, late wife of john penruddock, esquire, deceased penruddock, arundell. 1 sheet ([1] p.) s.n., [london : 1660] imprint from wing. reproduction of the original at the harvard university library. eng england and wales. -parliament. -house of commons -early works to 1800. land titles -england -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. a54282 r218222 (wing p1430a). civilwar no to the honourable, the knights, citizens, and burgesses of the commons house, now assembled in parliament. the humble petition of arundell p penruddock, arundell 1660 667 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion to the honourable , the knights , citizens , and burgesses of the commons house , now assembled in parliament . the humble petition of arundell penruddock , widdow , late wife of john penruddock , esquire , deceased . sheweth , that oliver cromwell the late pretended protector , having traiterously murdered the late king , by force broken the parliament , and banished his majesty out of his dominions , the petitioners husband , with many others of his majesties loyal subjects in the year 1654. according to their bounden duty , and allegiance , and by virtue of his majesties commission , endeavoured by lawfull arms , the suppression of the forces of the said oliver cromwell , and the restitution of his majesty to his right and kingdomes . but the forces of the said oliver cromwell , under the command of colonel crook over-pouring the petitioners husband and his party , the petitioners husband and his party were taken and imprisoned . and afterwards the said pretended protector , did grant out a commission of oyer and terminer unto john glyn , william steele , serjeants at law , and john lisle , esquire , and others for the tryall of the petitioners husband , and the rest of his party , although contrary to articles made with them by colonel crooke , who afterwards perfidiously denyed them . that the said pretended commissioners , proceeding to execute that commission , caused the petitioners husband ( amongst others ) to be arraigned at exeter , at which try all the said , serjeant glyn , and the rest of the commissioners , refused to allow the petitioners husband any counsell although he took many particular exceptions to the indictment , both for the matter and form . they also declared to the people and jury that to raise forces for his majesty , against the said pretended protector , was treason , within the statute of 25. edw. 3. and that arms taken against him , were as against the king , within the meaning of that statute . whereupon , the petitioners husband was by a jury ( which sir john coppleston , the then sheriff ) had maliciously packed and returned for that purpose ) found guilty of treason , and judgement of death being passed upon him , by the said commissioners , he was afterwards beheaded by the command of the said sir john coppleston , to the unexpressible grief and irreparable losse of the disconsolate petitioner , and her fatherlesse children . that captain james dewy in the county of dorset , before conviction , seized upon the estate of the petitioners late husband , to the value of one thousand pound , and converted the same to his own and the pretended protectors use . all which proceedings of the said commissioners being against all right , and justice , and ( as the petitioner believes ) against the consciences and judgements of the commissioners themselves ( they being learned in the laws ) and the commission being onely set on foot to maintain the tyranny and usurpation of the said pretended protector against his sacred majesty . the petitioner in all humility , prayes that although she hath no remedy at law by any appeale , against the said commissioners , yet that the said arbitrary and malicious judgement , given by the said commissioners , contrary to the known laws , may be condemned and reversed . and to the end that the said commissioners may be made exemplary in this punishment , she humbly prayes , that the offence of the said commissioners may be excepted out of the general pardon and oblivion : and that her said husbands estate may be restored by the said dewy and others , who seized the same , to the petitioner and her children . and your petitioner shall ever pray , &c. arundell penruddock . a letter written to a gentleman in the country, touching the dissolution of the late parliament, and the reasons therof. hall, john, 1627-1656. this text is an enriched version of the tcp digital transcription a86800 of text r207083 in the english short title catalog (thomason e697_2). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 40 kb of xml-encoded text transcribed from 12 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a86800 wing h352 thomason e697_2 estc r207083 99866155 99866155 166521 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a86800) transcribed from: (early english books online ; image set 166521) images scanned from microfilm: (thomason tracts ; 107:e697[2]) a letter written to a gentleman in the country, touching the dissolution of the late parliament, and the reasons therof. hall, john, 1627-1656. milton, john, 1608-1674, [2], 20, [2] p. printed by f. leach, for richard baddleley at his shop within the middle temple gate, london, : 1653. signed on p. 20: n. ll., i.e. john hall. sometimes attributed to john milton. the final leaf is blank. annotation on thomason copy: "by mr. john milton"; "may 26". reproduction of the original in the british library. eng england and wales. -parliament -dissolution -early works to 1800. great britain -politics and government -1649-1660. a86800 r207083 (thomason e697_2). civilwar no a letter written to a gentleman in the country, touching the dissolution of the late parliament, and the reasons therof.: hall, john 1653 6938 5 0 0 0 0 0 7 b the rate of 7 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-05 tcp assigned for keying and markup 2007-06 apex covantage keyed and coded from proquest page images 2009-01 emma (leeson) huber sampled and proofread 2009-01 emma (leeson) huber text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion a letter written to a gentleman in the country , touching the dissolvtion of the late parliament , and the reasons therof . senec. troad . quaeris quo jaceas post obitum loco ? quo non nata jacent . — london , printed by f. leach , for richard baddeley at his shop within the middle temple gate 1653. a letter written to a gentleman in the country , touching the dissolution of the late parliament , and the reasons thereof . sir , yours of the 27th past came safe , and with it your admiration of this great change which hath happened in the dissolution of the late parliament , which i not at all wonder at ; for as this island hath afforded the greatest revolutions that i think any memory affords us , of any time or place , so i believe this to be the greatest of them ; and so much the greater , as that it was done , in a manner , in an instant , without contestation , without effusion of blood , and , for any thing i can perceive , without the least resentment of those whom it generally concerns . but when i shall put you in remembrance of what i have often enforc'd to you , or to say better discours'd , for the other is needlesse , that the wayes of providence are inscrutable , and such , as , though they seem to us unexpected and temerarious , yet are carried on with such a strange and supreme kind of design , it wil be easie for an humble and an acquiescing mind to see , that by severall invisible degrees , they bring forth their last & propos'd intendments , yea with those instruments which seem and intend to do the contrary . what man could have suppos'd , after the dissolution of the parliament preceding this last , to have had another so soon ? and for this last , who could have imagin'd that by act it should have continued , much more gloriously have undertaken the defence of an injured people by open arms against an oppressor , and that these undertakings , with admirable variety of successe , should have been crowned with the extirpation of tyranny , and the decollation of the person of a tyrant ; that that great omniscience should so blesse the endeavours of a common-wealth , now as i may say in its very swadling-clouts , as by them absolutely to reduce those dominions in 3 years , which a series of proud & lusty monarks could not in 6 centurys do ? besides that navall opposition so fortunately & gloriously made against the greatest maritime enemy in europe , or to speak with due acknowledgment , in the earth . yet are these men , after all these vigorous and happy actions , suddenly dispersed like down blown off a thistle , and their power devolv'd into such hands , which a god hath made instrumentall in these strange emanations of his divine will , so we may humbly conceive , he intends to make further use of to the finishing of that great work , which by such visible signs , he hath mad appeare he hath in hand for the glory of his name , the felicity of these nations , and i believe for the blessed alteration of all europe . i am neither stoick to believe that all things are link'd by such a strong chain of fate , as that there is nothing left to man but mechanically to act ; nor yet can i resign my self to an absolute belief of that saying of plato , that to pray or fear is needlesse , it being out of our power to prevail by either , but i shal modestly affirm it , that as i ever use to send up my prayers for the best things i could , upon the emergencies of the severall times , so upon the breaking out and discovery of every hidden councell of above by some illustrious accident , i have thrown my face upon the ground and submitted to it , never examining the meanes by which it was brought to passe , but the end to which it was brought ; for i cannot deny unto you , that i have that reverence , and resignation to my great lord and maker , that as i believe every dispensation affords to me in particular , ( be it bitter or be it sweet ) a means of that grand consummation of felicity , which i am hereafter to endeavour and expect , so even in politick bodies , wherein so many dear to him are concerned , he suffers not any turn or revolution , but his omnisciency directs it , to the bettering or more happisying of that people . and truely in my apprehension this is done at this season , and though you seem to stare at it , as being unwilling to acknowledge that his hand is wise and powerfull , yet methinks it were an argument wortheir of an atheist , to say , that irregular actions proceed from a carelessnesse above , than for a christian to imagin that his designations in the altering the affairs of any state should not tend to a bettering of that state , and that that power into which he puts it , is not , in his mind , more fit and proper to manage it than that from which he took it ; for if a fly fall not to the ground without his consent , i beseech you what shall we consider of his care in the disposition of millions of men , things of his own image , without a high disbelief and contempt of his providence ? though i am not ignorant what some people ignorantly , or peradventure splenetickly and maliciously say , that he may suffer such things for the punishment of a people , and for their reduction , yet when i seriously consider it , that as nothing but good can flow from that pure and simple fountain of goodnesse , so are his ways of providence , so far as purblind we can see . he chastises private men differently from publick bodies , some that he dearly loves , he afflicts , purges , and refines , gives them heavinesse for a day , that they may hereafter have an everlasting weight of glory . states he sometimes afflicts for their own sins , sometimes for those of their governours , but still out of his mercy he considers those that are dear unto him , and searches out if there be ten good in sodom , which if there be , he carries them out of their captivity into the land of promise . out of these considerations i for my part humbly submit to this mysterious and sudden action ; and because i perceive you not so well satisfyed with it , am content with what present reasons i can , and out of my little intelligence , and small understanding of things , to give you an account . and therefore we are to consider , first , the manner of government by the last parliament ; then the right of obedience to superior powers ; and lastly , the effects , or events , that may come upon the late change . for the first , i confesse they were a people of miracles , god made them gloriously instrumental in the rescuing of his people from bondage , yet many of them were content to self-centre , or to say better , lay little designes for their own greatnesses ; so that , while they seemed to look direct upon the publick interest , their businesse was to look asquint upon their own : as if they had been employ'd by their country not to make up publick , but private breaches . besides that , the house being by the last purge made thin , and few in a capacity to sit , and fewer active , ( unlesse some that only trudg'd at committees ) there was an opportunity given them to become so familiar with one another , that what by their ordinary at whitehall , and what by their conferences at the speakers chamber before the sitting of the house , little was determined but out of design and faction : oppositions and conjunctions were laid , private interests interven'd , ( and these commonly by way of exchange , ) needlesse things mightily insisted upon , whilst thousands of poor creditors and petitioners starved at their door with their printed papers , unheard , unregarded , unlesse a crasty sollicitor had undertaken ( for it is a term i hear as common as practise among lawyers ) to make some members , and this with great expectation , and with such successe , as commonly taught them what it was to trust ; whilst all this time the house , under whose hand this work lay , were laboriously content to sit four times in a week , and that much about the rate of 2. or 3. houres a day , whereas the whole week had been time little enough for their work . and as for committees , unlesse they were either very standing , or some great men notably engag'd , there have been some men have attended nine or twelve moneths to bring one together , and this possibly for an adjournment of as long a time . and i beseech you , sir , consider , that though some wholesom laws they made , and many happy actions have been done under them , yet god hath some precious instruments still over-ruling these odd designs & combinatons , which are otherwise privately hatch'd by some corrupt ones among them . what these men have done as to establishment and liberty , i am to confesse they have altered the titles of writs , they have told us we have a commonwealth , but for any essential fruits thereof , a man may ( drolling ) say , they have cut off the head of a king , and set a commonwealth upon his shoulders , which like epistemon in rabelais ( who was beheaded in a fight ) are so finely sewed together , that they return out of hel , and tell things that they did there . for to speak freely , what they did for us was very inconsiderable , and with such a spanish slownesse , that unlesse either some particular interest , or some immediate necessity enforc'd them to hast , it was a common difficulty of a year or two to get passe an act. if this had been out of grave consideration , or any laudable and politick providence , the present age might have been content , and posterity made happier : but it was either their work , or made it appear their work , to spin out the time , wast the day in the tossing of a feather , and then came in some motion of an old grandee , who had so much a year given him for resigning up an illegal office ; or stood up some other , who brought old arrears , ( which it may be the poor souldiery was never satisfied for ) and for this , he must have such a sum of money out of discoveries , by which some countryman or other must be brought into vexation , and forc'd to compound ; the publick businesse in the mean time was commonly pre-disposed on in the speakers chamber , and ordinarily at the speaking of the cue , ( which was the usuall business of some shallow fellow put upon it ) confirm'd and transacted . and as for petitions , they had such a rare and excellent faculty of dispatching them , that i believe there have been 10000. petitions offered to them , that could never be read , half as many read , that received none but delatory answers at committees , and i doubt as many more were deterr'd , out of the meer consideration of the successe of others . but you will say , they set up a committee for petitions , i grant you they did , but it was with such rules , and such restrictions , that i believe it very impossible to make any person appear that was thereby benefited . thus much to them as a body , to break it in pieces , and look on it in the individual , he were a dis-ingenuous man that would not confesse , that there have been among them as brave men , as wise and worthy patriots , as any nation ever had . but yet if you will take into your remembrance , that there have been many lands sold , first the bishops , then the dean and chapters , then the king's , queen's , and prince's , then the fee-farms , ( the forest lands too coming on ) then the delinquents , and all these to be doubled upon ( a touch whereof i shall give you anon by way of digression ) and all this to be dispatched by trustees nominated by the parliament ; you must needs think there was very notable carriage in this businesse , as to the profit of the common-wealth . for first , 3 d. per pound must be allowed in point of purchase ; then you had registers ( who constantly dispatched by deputie ) at high fees , and their under-officers as cunning and as ravenous as those of the old courts . then must march forth an army of ignorant and unlearned surveyors , and these at 20 sh . per diem , to return surveys sometimes low , in the favour of some noble gentleman , in whose eye it was to purchase , and sometimes excessively high , for to over-ballance the other ; ( besides the kings lands , which being allotted for the payment of the souldiery , were commonly over-valued by one half , ) whilst in the mean time a single mathematician did properly all their work to their hands ; and all this , besides a pestilent sort of people called messengers , &c. who intangled rights , disturbed the people , and carried on the businesse so excellently well , that possibly much about one half might by their endeavours be brought into the coffers of the common-wealth . after the return of this survey , so laudably perform'd as i have described to you , an honest member casts a sheeps-eye at such a manour . marry then he goes to gurney-house , sends in his name , and tels them he was to attend the parliament immediately ; upon that he is called in , though other people had been design'd , and other businesse directed for that time ; and by his authority , or friends at the table ( for he that had a hand in placing them there , must needs have favour from them ) makes a contract as low as possible , gets it may be so long time , as that he may pay for the manour out of the mansion-house , or the woods ; and by this means it is incredible to what estates some have raised themselves . one of them who was a brewers clark , his man was heard to say , that he thank'd god his master had now 800 l. a year . another gentleman having not an over-considerable fortune before , hath made it 10. or 12000 l. a year , and hath been heard to say , ( as i am informed ) that he had more land than any man in england . another comming out of a draper's shop at york , hath convey'd himself into an estate in possession and reversion of above 5000 l. a year . but examples of this kind are innumerable . this brings me on to tell you , that the commonwealth hath been as just and as unjust in point of their debts , as 't is possible for men to be ; just they were in providing satisfaction for their creditors ; unjust they were in delay of time , and the little satisfaction they received by it . for was it not an unreasonable thing , that 20 l. really lent out , or ( which is as good ) earn'd , should be reduced to so many twenty-pences , or two-shilings's ? yet the commonwealth pays it to the full , with interest , whilst the needy creditor happly is glad to preserve life by that means ; whereas men that had money , doubling thus , ( a way indeed at first thought on for better advance , but since proving to the destruction of the creditor ) and traffiquing with accepted bils , either made a shift to make 70 or 80 per cent . of their moneys , or if they had any hearts for the parliament ( which was not common ) were content to take improveable lands as 5 years purchase , or thereabouts : so that many people of very inconsiderable fortunes , have now prodigiously arriv'd to vast estates . i know one , formerly not worth 16 score pounds in all the world , now by valuatiō of the country where he lives , worth 1600 pound a year . others i have known worth nothing at all , that now can reckon to 5 and 600 pound per annnm . but you may tell me again , that this is no argument against a government . i say it is a good one against the governors , since they are so palpably engag'd in it . by this time i conceive you to be of opinion that things were not so admirably well governed , yet many things being matters of private sufferings , many honest hearts were content to sit down , and groan under their own misery , rather than interrupt such publick proceedings , as they saw god so eminently glorified in . but when we had reduced our enemies abroad , and brought them upon their knees , and began to entertain hopes of a future peace , and established liberty , we were diverted by other designs , and the businesse was , how to continue a lazy unactive power , not to remedy the sufferings of a nation . this brought the army into consulation , a sort of men whom god hath so singularly own'd , and crown'd by so many remarkable successes , that it was easily perceivable that god intended by them to do strange things . these as free people first declar'd , that they would assert our liberties , and since did not only rescue but protect the parliament , and assist them in the late grand negotiations . without them , they might have been exposed to the affronts of the multitude , and as in-effective as against the prentises when they shut up the door ; with them they have done marvelously . now the case stands thus , the liberty of the people being recovered by the sword , that is to say by the army , this army continuing as a mediator , or ( if a man may say so ) a supervisor of the peoples liberties , it must be proper for them to see that no encroachment may be done thereupon . but here comes the pinch , the parliament have not satisfied the people , neither by effectuall laws , nor vigorous proceedings , the people are discontented ; the army want not their resentments , they are moved for a new parliament , ( but irregular motions move slowly ) they trifle it off two or three years , and frivolously debate it into a necessity , and at last provide the businesse so , as that their kingdom may stand , and others sit with them upon the throne , that is to say , like theseus his ship , perpetually to be peeced , and made into the same . but this neither stands with the fundamentall right of a parliament , nor established liberty . for if you will allow a common-wealth , you cannot allow any thing more destructive to it , than the continuation of many men in the same power , especially unlimited and supreme . for otherwise knowledg of faces , acquaintance , familiartty , and those little intrigues men will make , though they hate one another , will bring all to ruine . but yet such a design as this were they about , and when they saw that a necessity was upon them for to break up at last , they then came down to the third of november this year , but the act which had been 3 years a hammering , was so warily provided , that what in point of electors and elected , we should have been within a month after the new parliament in a worse condition than we had been during the sitting of the old . they that were to be electors , were people that had not forfeited their liberty , which in english is rendred thus , people it may be un●ble , uncapable , malignant , and malicious enough , though such as never offended the state , but in their ale ; these to be elected , men that had constantly been true to the common-wealth . this if the malice and cunning of men can do any thing , will amount to as much as to say , that many malignants who from their very hearts and souls hated the cause , and all its dependances , yet in point of interest and profit , having engaged in it , might have been brought in . besides that the presbyterian party ( which is meerly a jesuit in a genevah cloak , but somewhat more insupportable ) may by this rule all come in . for they may have vigorously acted at the first , whilst they thought the beer which was a brewing might be their own mornings draught , but seeing it was provided for others , they took snuff , and forsook the house , nay and are become enemies ; so that upon this account , instead of bringing a select company of honest gentlemen to debate together , we should have brought so many bandogs to have travers'd factions . for what other could we expect when men of such humors and tempers should necessarily meet ? this you will say , might be prevented by examining the returns of the writs . suppose it . but here is first , an impossibility to that end , as who can discover a mans heart ? who a mans ways ? who can judge that a convert is reall , or absolutely assure himself , that another man is not an hypocrite ? for things of another mans bosom is matter of the nicest scruple in the world ; and an exact hypocrite may deceive the most cautious and nice counsail that can be made among men . yet supposing this businesse feasible , here arises another question , whether the peoples right or no , in point of election , be not extinguish'd by this supervising ? ( for as yet i cannot find any other word for it . ) for either they have a right of liberty to choose , or not , but both parliament and army have declared they have ; therefore their election is good : but if there be a power paramount to allow or disallow of this election , ( which supposing an examination of the returns of the writs , you must needs grant , otherwise it will be in vain to examine them ) then that election of theirs signifies nothing ; for if i in a case of law choose my arbitrator , and the judge , or a third party hath power to allow or disallow him , i cannot properly be said to have a choice , because choice is an effect of freedom , and freedom and controlment are things that cannot consist together . so that hence it will amount , that this provision was weak and not of assurance enough to our purpose , and if two inconveniences were to be run upon , it were much better to run upon the lesse . this is an hypothesis , i see not how it could be salved otherwise than by choosing such idoneous persons , and that in such a number as might carry on the work ; for though multitude of counsellors is strength and safety , yet in distemper'd and turning states it is weaknesse and distraction ; and these such kind of men as are fit to have the reigns of a nation in their hands , and such as by a swift and due prosecution of justice should satisfie the people , what it is to be free . this is a businesse either to be done by the parliament , by the people , or by the army . the first like cunning brokers would not do it ; the second like troublesome ideots cannot do it , and the third as wise guardians must do it . and therefore though this change may carry much in it as to appearance of fear and terror , yet when a man will consider these two things , that the liberty of his nation ought to be the dearest thing to him under heaven , and that without these men and means it cannot be preserved , ( for take away the force that protects us , all our enemies shall flow in upon us ) he must necessarily grant a submission to what they do . for he that hath power to command , hath also power to guide , theone without the other being insignificant . and therefore since we are in a tempest , let us come to this rock ( to speak at the harshliest ) rather than perish . for you cannot conceive but the worst government in the world is infinitely better than none at all ; or to speak a little closelyer , an ill government well manag'd , may be much better than a completer form of government ill manag'd , people still judging by their safety , or liberty , or civill advantages , the effects not only of their government but rulers . for matter of change of government , lest you may be dissatisfied , i have thus much briefly to say , that considering the actions of the late parliament , and their dissolution , we are to remember by what means they were called , and for what end . they were called at first by a writ of the king , and that by the ordinary summons of a writ , and that on the kings part compulsively . but god that hath a mind to do much out of little , so prospered them , that by an act of the whole parliament as then it stood , they were enabled to sit till they should dissolve themselves . t is a question worthy the resolution of a lawyer , whether these men sitting by that authority , were not tyed to follow exactly the rules of it ? for certainly every law or commission ties according to the intent . they thought fit to throw out the lords spirituall , alias bishops ; they manage a war against the king upon their own authority , and by vertue of that act ; they were purg'd of malignant or ill-affected members , by the army , ( whose duty it was to interpose in so dangerous a time ) and at last declared and established a common-wealth . thus did they act , and that to the eternall renown of the nation , for four years together ; but , when dieases grew upon them ( as all sedentary bodies are slow and unactive ) there appear'd such a lazinesse in the execution of that power , such a lethargy as to act in the right of the nation , that these immortal persons , whose blood had been stirr'd or spill'd in their cause , began to awake , and remember for whom they had done so great things , that is to say , for the people . and therefore , they being ( as i have said ) arbitrators , men whose eys were open , and consciences not branded , rise up , and begun to look and consider in what condition the people was , whereof they were a part ; and therefore , when neither addresses , reasons , proposalls , nor petitions , of a long time could prevaile , it is not strange at all if they were forced to that of the physician vre & seca . i know your objection before hand , that the action of the lord generall in the dissolution was somewhat rough , and barbarous , and i shall not trouble you with a long answer , that , as to his person , as he hath in the field declared himself one of the noblest assertors of our liberty , and as great an enlarger of our territories as ever was , so as for any particular designs of his own in point of government , it must be a scrutiny greater than humane that can discover , how he either intended to invade us , or to make us a prey to any ambition of his . and therefore if upon this grand revolution , he might appear to his enemies passionate , yet considering the extremities that great minds fall into , and the great trust committed to him , it will appear nothing but the discharge of that duty that lay upon him . to have done such a thing as a single generall , wants neither example nor president ( but i would not injure an argument in a letter by the by , which i could make good in a whole treatise . ) for you may remember that of caesar to metellus the tribune , young man ( sayes he ) 't was easier for me to say this than to do it , a speech ( sayes sir francis bacon ) both the proudest and the mildest that ever came out of the mouth of man : for at that time he was breaking open the sacred treasury , which by ▪ the lawes was not to be broken open . but it is otherwise here , this was not a rash precipitate act of his , but a trust , and result of those under him . t was fit he that was the most eminent should appear , and he as civilly without noise or disturbance did it . and therefore acting by their votes , and by their consents , it was their action as well as his ; and it was no more his action than it is the action of the head moved by tendons and muscles which are parts of the body , and without which the head it self could not possibly at all move . so that here it comes to a question , whether it be better for us to be in slavery under the name of liberty , or in liberty under the effects of slavery . i have told my thoughts before , in what condition i conceiv'd our liberty was , and i repeat it once again , that i think this present is the better expedient . for supposing that the severall counties should withdraw their severall members ( for i suppose they could not of late pretend to sit by vvrit ) certainly they would never have made a quorum in parliament ; and suppose they should call them to account , where had one authority without the consent of all the counties , or rather all people capable to demand it from them ? and if you will say that the liberty of the people by this meanes is stifled , i must tell you again , it is only suspended , 't is a sword taken out of a mad mans hand , till he recover his senses ; and therefore , till we be s●lted , coagulated , or centred , ( call it what you please ) it is tantum non impossibile for to lose such a liberty of choosing a representative as a rationall man may expect good from . it is a scruple that hath vex'd many people , how and in what manner , or whether or no , we are to obey new governments , ( this is the second point i proposed ) and this comes by reason of oathes impos'd by governours , who think thereby to chain men to them , whereas if we consider it , promissory and obligatory , oathes tye private men , semper & ad semper , ( as the school-men tell me ) whereas obedience to a sovereignty ( which being plac'd in one or more is the same ) extends , nor can extend no further than during the protection thereby received . for to put the case at the worst , i am among a company of theeves commanded upon my life not to discover , the casuists say , that this secrecy of mine , though they be outlawes , and persons under the heaviest censure of iustice , ought to be perform'd , for this is but a price of my life ( besides my promise ) and in that consideration i ought to forbear it . but i 'l take it at the best sense , insteed of falling into the hands of theeves , i am under the protection of those that protect me from them , and then i must say that i owe these men the very same obedience , but much more religiously and with a greater deal of honor and veneration than the o other . the first may take away my life if they please , the second cannot only secure me , but avenge my blood upon the murtherers . the first are unaccountable , unlesse by their private punishment , these responsible . for i remember a thing that bodin said excellently , that the king though he make lawes , it tied to those lawes ; and therefore accountable . they are invisible , these visible . and therefore a man would rather chuse his security of such as he knew where to repair to , and by whose means he might be redressed , than such a one as could not own it self . for let men imagin what they will , yet upon largest consideration , and deepest experience , they must find , that allegiance and protection are so related that they cannot be separated one from another , and that the absurdities of the contrary are such as cannot rationally be avoyded . for i must necessarily swear either to person or place ; by the person i understand a man governing , or claiming to govern , either by himself or successors ; by place i understand a particular mans vassalage , liberty , or privilege in any one country . as to the first , it concerns not me by what name any man is distingnished , the determination of his power determines my obedience , which ( as i have said ) is correlative to protection . as if charles stuart should enjoyn me a command i should perish in , i ought not by any law of god or man to obey , unlesse he could protect me in the execution ●hereof . or suppose the king of france should command me to proclame the same person king here , i should be so considerate as to remember a hurdle and tyburne , and therefore disobey . for if the civilians allow it , and that generally , that a stranger doing a misdemeanour in another country , though properly he is not tryable by the lawes of that country , yet thereby ought to be punished ; i say it is as much reason that a native , doing against the lawes of his own country , be they in whose hands they will , should be ten times more punished ( if it were possible ) as a breacher of faith , and a desertor of that protection by which he lives . honest men may dissent in little things , and it may be their wayes of reasoning are not the same , but for any man under what pretence soever , to act against the grand design of the happinesse of his nation , is such a matter , as whoever would tell me , that a man were a peaceable man , and withall assaulting me with a stilletto . there is yet another thing that may stick in your stomach , ( which is the last thing proposed by me ) which in respect you have urged with a little earnestnesse i am content to clear you of , and that is , the great losse of reputation which you suppose we may receive from our neighbours and correspondents abroad . certainly , sir , if you would but remember , that in matter of publick treaties , persons are not dealt with , but nations ; ( for our late king treated with don john of portugall , and yet this was no breach of the league between him and spain ) it can signifie no more than the alteration of the title of their credentialls ; for all treaties between states , are between the powers of those states . and though usurpation or election appoint one name , yet still it amounts to this , that the state is concerned , and that only . friendships in private men are different from those of princes , and that as much as the mariages of princes one to another : princes are married by interest and pictures , private men by acquaintance and affection , and no doubt if boccalini were alive , and should hear any man affirm that they did otherwise , he would say they were tramontani , and not allow them portar la dottrina sopra le spali . but this doth not come home to my question , that which i would particularly insist on is this , that i believe this change or event will contribute more to our happinesse than if we had still languished under our former sufferings . i have told you what the head of the army is , to tell you of the rest were a● vain flattery and inconsideracy ; but since god hath own'd them as such excellent and worthy persons , and made them glorious in their severall generations , i must be content to look up and reverence them . 't is true , great births are hard in the labour , and many glorious men have been cut out of the womb , therefore wonder not , if the account that they may give you be slow , or possibly slower than you expect . i am no member of their councills and by a late infirmity lesse able to attend them , yet if i can believe any thing ; or understand men when they make the clearest professions , they intend all noble things , both as to the glory of our good god , the making happy of this poor nation , setling the liberties of it , and reducing of us into one mind , and one way . but these are not only wishes of mine , but hopes , and certain expectancies , and i believe they will convince these men to be lyars that speak against them . but now i think i have put you to all the tryalls of your patience , which if my infirmity had not been , which confin'd me to my chamber , i could not have done , but i rely so much on your candor , and i believe you think so well of my veracity , as i want not the impudence to affirm my self ( however you take it ) your affectionate servant n. ll : london may 3. 1653. finis . the several informations of john mac-namarra, maurice fitzgerrald and james nash relating to the horrid popish plot in ireland together with the resolutions of the commons in parliament upon the said informations and message from the lords spiritual and temporal in parliament, thursday the 6th of january, 1680. macnamara, john, gent. 1680 approx. 34 kb of xml-encoded text transcribed from 10 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a59376 wing s2766 estc r30558 11359068 ocm 11359068 47579 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a59376) transcribed from: (early english books online ; image set 47579) images scanned from microfilm: (early english books, 1641-1700 ; 1469:13) the several informations of john mac-namarra, maurice fitzgerrald and james nash relating to the horrid popish plot in ireland together with the resolutions of the commons in parliament upon the said informations and message from the lords spiritual and temporal in parliament, thursday the 6th of january, 1680. macnamara, john, gent. fitzgerrald, maurice. nash, james. 15 p. printed for john wright ... and richard chiswell ..., london : 1680. reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. -house of commons. popish plot, 1678. 2006-12 tcp assigned for keying and markup 2006-12 aptara keyed and coded from proquest page images 2007-01 robyn anspach sampled and proofread 2007-01 robyn anspach text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion i appoint john wright , and richard chiswell , to print these informations and resolutions perused by me , according to the order of the house of commons ; and that no other person presume to print them . 6 th . jan. 1680. wi williams , speaker . the several informations of john mac-namarra , gent. mavrice fitzgerrald , gent. and james nash , gent. : relating to the horrid popish plot in ireland : together with the resolutions of the commons in parliament , upon the said informations and message from the lords spiritual and temporal in parliament . thursday the 6th . of january . 1680. london , printed for john wright , at the crown on ludgate-hill , and richard chiswell , at the rose and crown in st. paul's church-yard . 1680. the information of john mac-namarra . who informeth and saith , that william bradley esq ; one of his majesties justices of the peace for the county of waterford in the year 1677. gave him the said informant an oath of secrecy touching the plot intended and designed in ireland , by the earl of tyrone and the rest of the confederates against the kings majesty ; at which time he imparted to this informant , the earl of tyrone had received a commission from the french king to be a colonel of horse in the county of waterford , and that the said william bradley was to be his lieutenant colonel , and desired this informant to provide himself with horse and arms , and to procure as many as he could of those he dare trust : and that this informant should have a command of being a captain under the said earl and him. whereupon this informant did provide himself and speak unto john follis , james finican and dennis mac-namarra to provide themselves with such necessaries as were requisite for that purpose ; informing them also , that mr. bradley did impart such matters unto this informant , and who knew that the said mac-namarra had imparted such matters to the said james and dennis , who afterwards did confess the same to his grace the lord lieutenant and council , and before this informant had liberty to speak with them , or they with him , being then kept close prisoner from any one of the kings evidence . the precedent examination this informant gave , when on a petition preferred by the rest of the kings evidences , this informant was kept from any of the earls friends and from quarter-master ely , who was always with this informant before and not denied to be with him ; but on the petition of the aforesaid gent. then it was ordered , that this informant should be kept close and not to have any to come to him : this informant was then very fearful to discover his mind , because of the guilt that was upon him , being condemned ; which after a promise of pardon , if this informant spake the truth , he then resolved to discover so far as he knew , though against himself : upon which he freely declared his mind in this following examination . after the aforesaid vvilliam bradley did impart to this informant the aforesaid treason , this informant met with the earl of tyrone upon the land of gaveston in the county of vvaterford with two of his men , viz. thomas power his gentleman , and garret mac-teige his follower , and another whose name is luke power , this informant having in company with him one vvilliam power , and boetius clausy , being then abroad hunting with dogs ; the said earl knowing this informant at a distance , called to him , upon which this informant went to him : the said earl taking this informant from the company , asked him , whether mr. bradley had imparted to him any matter of secrecy ; this informant replyed , that he had : the said earl then told this informant , that he must be very private and discover it to none , but those he was very sure of . after which , the said earl drew a list out of his pocket , and shewed this informant a list of several persons that were to be superior officers , both in the county of vvaterford , county of cork , county of kerry , county of limerick and county of clare , which this informant took special notice of and knew several of the persons ; amongst the rest , the earl entred my name with my own pen and ink in the list ; the said earl telling this informant , he had his commission sent him from the french king , under hand and seal to be a colonel of a regiment of horse in the county of vvaterford , and said there was hardly a county in ireland , but persons were appointed by the french king for that purpose : and named in the county of limerick , colonel peirce lucy and the lord brittas , sir john fitz-gerrald , david fitz-gerrald and several others in the county of clare , john mac-namarra and several others in the county of kerry , sir turlo mac-mahan and several others in the county of cork , and that the said earl of tyrone was to be colonel in the county of vvaterford , and mr. bradley to be his lieutenant colonel , quarter-master ely his major , mr. john butler senior his captain , with the names of several others of that company , which he did not read unto this informant ; the said earl saying they were to raise several hundreds of men in every county , and that the superior officers were to meet on purpose to return an exact account of their forces to the french king : on which the said king would land many thousands of men in the river thanan , and assoon as they were landed , the next business was to go to the city of limerick with 500 men and divide them into two parts , the one party to enter the city at candle-light , and that at several gates , and such as best knew the city were appointed to set upon the guards and put them all to the sword , and the rest to be hard by the city , and to enter in immediately when the alarm was given , and the body of the army to draw up as fast as they could . by which , said the earl , we do not question but to possess our selves of the city and kings castle , and to banish the english very soon ; and indeed said the earl , 't is the providence of god to bring some downfall on that unjust king , the duke of ormond and his children , that wronged me in so high a nature on the account of villiers : therefore said the earl , go home , lose no time , but make your selves ready , for we know not how soon occasion may require your assistance , and speak to as many friends as you can , which accordingly this informant did and provided horse and arms for that purpose . after discovery made hereof by hubburt bourke as you may read in his information , who partly knew the proceedings , and having discovered the same , was bound by recognizance to prosecute the said earl at the next assize at waterford , he did for want of this informants and others testimonies absent himself from the assizes , unto which he was bound , and for other reasons mentioned in his examination . but in a short time after , the said earl hearing that mr. bourke was going for england to make his application to the king and parliament ; the said earl commanded this informant to write unto the said bourke , which accordingly he did , and signified in his letter , that this informant would very willingly speak with him , but he not answering this informants expectation , this informant went himself to him at waterford , and courted him to go along with this informant to his house , which he prevailed with him to do . this informant then hastened to the said earl , and gave him an account of his proceedings , which the earl liked very well , whereupon he ordered major butler and john rovan , and this informant to confer with the said bourke , and at the mill of carrygninier we met , and according to the said earls order did offer the said bourke a farm stock , together with a sum of mony so as that he would charge mr. villiers ; captain nicholas , mr. bradley , and others with suborning or prompting the said bourke to prosecute the said earl , and that he should acknowledge it , and mr. bradley aforesaid should confess the same , and that so bourke and bradley should be committed witnesses against villiers and nicholas , upon which the said earl would bring his action of scandalum magnatum against villiers and nicholas for 40000 l. which was contrived by mr. andrew lynne and mr. bradley the said earls friends , unto which the said bourke refused to consent . here it is to be observed , that mr. villiers and captain nicholas were at law with the said earl , and therefore the said earl did suppose the world would sooner believe what was laid to their charge , upon the earls account , though falsly alledged against them . bourke not accepting the aforesaid offers , the earl then petition'd the lord lieutenant and council , who sent a summons for the said bourke , and brought him to dublin , and being examined of several matters , he gave in his informations , and got also mr. sampton and mr. jury to be summoned up , and to be examined , upon whole examinations : a summons was issued out against quarter-master ely , john povan , major butler aforesaid , and lawrence smillirand and this informant , who were all sent for to the council-board ; quarter-master ely went first to the earls house to have instructions touching the management thereof . the earl also sent to his gentleman mr. power for this informant , he being then in waterford , the said power came to this informant and told him , that the earl of tyrone and quarter-master ely sent for this informant , to the intent he might repair to dublin , and having no horse with him at waterford , the said power the earls gentleman , provided this informant with a horse , on which he went with him to curronymore to the earls house , where this informant met with the said earl and quarter-master ely together . upon which the said earl and quarter-master ely took this informant into the garden , and there did agree to send to john rovan , who came immediately , at which time the earl and quarter-master ely did instruct us what we should say , when we came to dublin before the council ; and told this informant the great danger , if we should discover any thing of the matter : but proferring an oath unto us , and finding us unwilling to swear what they would have us to swear , the said earl then told us , that we should be absolved by dean powers his cousen and the rest of the clergy , and after instructing us in the garden for a considerable time , the earl gave this informant an horse , and gave john rovan , lawrence swillivant and this informant money to bear our charges to dublin , and when we came there , we were maintained at the earls charge ; with promise to get bayl for this informant , if imprisoned , and we were there always accompanied with the earls friends , who promised this informant great reward , if he would conceal what he knew . this informant also had money from quarter-master ely , whilst he was in the pursivants hand , and several masses were said in the county for the earl and this inforformant , whilst this informant continued from discovering , but since hath excommunicated him . but at length mr. ivy and mr. sampson petition'd the lord lieutenant and council to have this informant kept close prisoner , and to keep the earls friends and sollicitors from this informant , which accordingly was done . now this informant being by himself , and considering the evil case he was in , god so touched this informants conscience , that he confessed the truth : several other things there are relating to the powers , concerning stealing of horses and providing of arms for the same purpose , which is treated of in mr. ivy's examinations and in james finicans , which powers were examined upon oath before sir jo. davis , and since bailed out of goal by means of captain morris the prosecutor , who now goes armed mostly accompanied with the earls friends and kindred . james finican was by the said mr. bradley sollicited not to confess any thing against him , for which the said bradley promised him a good reward in money , and was before the committee , and did for some time endeavour to conceal the matter ; but being kept from the said bradley for a season in the marshals hand , told the said marshal , that he would not be in trouble for concealing others treasons , he the said finican desired to be carried again before the committee , confessed the whole matters , saying , that if mr. bradley were put where he was , he would confess the truth too ; this astonished the said bradley , for as much as the said finicans promise to the said bradley of concealing , made him the said bradley to tell the committee , that he would be saved by the said finicans testimony . you may observe that while this informant denied to confess the truth and conceal the plot , the earls friends got a petition writ against mr. ivy , to be preferred to the lord lieutenant and council , viz. that the said ivy was a man of ill fame and a dishonest man , and that he knew nothing of those treasons and briggs before-mentioned , which petition they gave this informant to send unto , or deliver unto the lord lieutenant and council . in the mean time this informant being kept from them , his conscience forced him to confess the truth . he then shewed the petition unto the said mr. ivy , of which they were much ashamed and would have denied it , but that this informant justified it , and told who brought it unto him ( meaning mr. michael roe ) the hand also being known , which way this informant always observed , they always made use of to endeavour to clear themselves , by calling in question the reputation of their accusors . john mac-namarra . this informant saith , that in the year 1676. one john brenan which was then lately come out of rome was made archbishop of cashell , waterford , and lismore : and that by the titular primate of ireland the said brenan producing bulls from the pope to the said primate for that purpose , together with several other bills brought over by the said brenan , which deane power , the earl of tyrones kinsman informed him of , as hereafter is treated of . in the said year this informant hath observ'd the tumultuous congregation of priests and fryers which resorted to knock-house , a house of entertainment three miles westward of waterford ; and that in the same year 1676. this informant took extraordinary notice of it , being not a thing so usual ; but being in company with several of the said priests in the said house , and that at several times , and especially with dean power aforesaid , who was next in power to the said brenan : this informant began to enquire the reason of their publick meetings so often , it being in time of prosecution ; the said power made answer , that he would satisfie him as to that effect patron-day at kesk , which on our lady following , being within few days after the said time , which accordingly he did , as followeth ; the congregation being gathered together to confess and receive the sacrament after the popish way , one edmond power a jesuit preached a sermon , which was to let the congregation understand that they had indulgences from the pope of rome granted them , and liberty to eat flesh on wednesdays : but in the conclusion told them , there was some consideration whereupon this was granted , which the priest of every parish was to give in charge to his parishioners , at the time of confession , and proceeded no farther : on which , the priests fell to their offices , which was to confess the congregation ; and this informant being then one of that religion , this informant confessed to the aforesaid dean power : but in his confession , the said dean gave this informant in charge as followeth ; that he should not divulge to any person whatsoever on pain of mortal sin and damnation what he would impart to this informant ; which this informant promised he would not : with that he proceeded thus ; that the consideration of the aforesaid indulgence and liberty was , that whoever was in a capacity to help and assist the holy cause , designed & in hand for a long time , was to have great preferments , together with the benefit of the aforesaid indulgences which was a pardon of sins for many years ; and also that the clergy of ireland were to have the benefits and profits of the tithes accrueing out of each parish , with the gleabes and monks lands and appurtenances belonging unto them , which the hereticks did wrongfully possess for a long time : and that the french king and the rest of the popish confederates , together with the assistance of his holiness the pope , did intend imediately to invade the kingdoms of england and ireland , and doubted not but by the assistance of god , to fulfill it e're it belong , and to wash the hands of hereticks out of the estates of our ancestors , for the duke of york gives full consent and is of our side ; together with the assistance of the earl of anglesea and several other persons of quality in that kingdom , whom we are ordered to celebrate several hundreds of masses ; which he the said dean had accordingly ordered all the popish priests within his jurisdiction . after which time this informant observ'd that there were several masses celebrated in the honour of the earl of anglesea through the said county of waterford . and also the said dean said , that the earl of anglesea did indeavour that the parliament should not sit , with the assistance of the duke of york , to prevent the persecution of roman-catholicks . in october 1679 , this informant being then imployed by the earl of tyrone to tamper with mr. bourke , as is set forth in this informants former informations : the said earl shewed him a letter from his father-in-law the earl of anglesea , wherein he read , that the said earl made so many friends both in england and in ireland , that he need not fear what was laid to his charge : and that he spoke to the duke of york about the same ; which the duke promised he would . john mac namarra . the information of maurice fitz gerald , gent. taken before us john odell , and nicholas mounckton , and george aylmer , esqs ; three of his majesties justices of the peace for the county of lymerick . the informant being duly sworn on the holy evangelist , saith , that on , or about winter , 1676 , after captain thomas mac inerina return'd out of flanders and france , whither he had been imploy'd as agent from the irish gentry , there was a very great meeting at collonel peirce lacy's house at curroe , where met , besides the said collonel , the lord of brittas , molowny the popish titular bishop of killalow ; brenane the popish bishop of waterford ; duly the popish bishop of lymerick ; two jesuites , whose names this informant knows nor , sir john fitz gerald , john power son to david power late of killalow , john hurley , eustace white , john bourke of cahirmoyhill , william bourke his brother , capt. john pardon , captain thomas mac inerina , captain richard stephenson , mr. david fitz gerald , this informant , and several others whose names he remembers not : where , and at which time , the said captain mac inerina gave an accompt of the effects of his agency , and what force the french k. had promised to send over into this kingdom of ireland , which to the best of this informants remembrance was , to be about twenty thousand men , and artillery , arms and ammunition for 20000 men more , which were to be raised in munster ; and they then and there consulted how the 20000 men should be raised , and resolved , it should be by their clergy ; made computation , and appointed how many each priest should raise in his parish . and likewise appointed the officers that should command ; and says , that the lord of brittas , collonel peirce lacy , sir john fitz gerald , john mac nemarra of cratelagh , john power , captain suillivane of beerhaven , one carty and several others , were to be collonels : that john bourke of cahirmohill , was to be lieutenant collonel ; and that captain thomas mac inerina was to be lieutenant collonel or major to captain suilivanes regiment ; and that captain john pardon , captain richard stephenson , mr. john hurley , and eustace-white , were to be field-officers ; and he hath heard that mr. john anketill was to be lieutenant collonel ; and that mr. william bourke , mr. theobald dowdall , mr. oliver stephenson , mr. david fitz gerald , now in london , this informant , and several others , were then appointed captains ; and that john bourke of ardagh and several others were appointed lieutenants ; and that john dury , and thady-quin , were to be captains ; and that nicholas bourk , and many others of lymerick , were then pitched on for the surprize of lymerick , whose names at present he remembers not . and saith , that on notice from captain suillivane of beerhaven , of the french's landing there , was a massacre of all the english resolved in one night , and persons particularly assigned to the massacre or murther of every family ; and saith , that the popish servants in each family were to betray and open the doors or some other way let in those irish , and so murther the english in their beds ; and after , if they could not surprize , they were immediately to besiege lymerick ; and saith , that by reason of the emperour , the king of spain and other the confederates joyning and assisting the dutch , the french king was hindred from sending over those forces and arms he promised , and so all things were at a stand till about michaelmas 1679. that all the fore-named persons and john mac nemarra of cratelagh , john anketill of farrihy , capt. levalin , and many others met at mr. william bourks house at lisnekilly , and continued there 2 or 3 days together , and that the said capt. levalin brought and produced a commission for the raising those 20000 men , and uniting them with what forces should be sent out of france and raised in other parts of the kingdom . and saith , he heard that the earl of tyrone was to be a general officer ; and collonel fitz patrick and sir william talbot were to have some great commands : and saith , that all then present at lisnekilly bound themselves by strict oaths and by an instrument under their hands and seals , to be true and faithful and stand by each other . and saith , that the plot is still going on , and that they have daily hopes of the french kings invading : and that he hath heard there was some powder lately landed in the county of clare side of the river of shannon , and that he will labour to discover it ; and saith , he hath some papers which he will peruse , and hopes by them other things may occur to his memory , which he will be ready to add to this information . and further saith , that he hath been told that david fitz gerald discovered the plot both to sir thomas southwell and john pigot , esqs ; and this informant saith , that in case this information should be known , he and his family are in danger of being murdered . maurice fitz gerald. taken before us this 11 decemb. 1680. john odell . nicho. mounckton . george aylmer . the deposition of james nash . james nash of the county of lemerick , deposeth , that about four years ago , captain john purden , after he had heard mass , took this deponent aside , and after several inconsiderable discourses , questioned this deponent why he did not go into france , being the onely place to improve him , and make him a compleat man , for that there were like to be troublesome times , and there would be want of such improved men. but being no further pressed at that time , this deponent took little notice thereof . soon after , this deponent being at mass in the said purden's house , burgatt a priest applyed himself to this deponent much after the manner purden had formerly , and in conclusion , commanded this deponent to go to captain thomas mac everie's house , for there he had somewhat material to impart unto him : and immediately after they had dined , there the said mac everie took this deponent aside , and after having sworn him to secresie , discoursed with him as followeth . you know , saith he , that the king at breda before his restauration , promised the irish gentry to restore them to their estates and religion , but since this is not performed , we have designed to cast off the english bondage and free our selves from their slavery , and to recover our estates and religion . when this is done you shall have your fathers and uncles estates in lieu of your services , for i intend you shall be my own lieutenant , for i am to have a regiment , by which means i shall have an opportunity to advance you ; for the king of france hath promised us aid of ten thousand men and twenty thousand arms to carry on the design . at this time the said mac everie gave this deponent a case of pistols and about thirty shillings in money , to carry letters to collonel ossulivan at beer-haven , and directed him , that if this deponent should be questioned on the way , to declare he belonged to the army ; accordingly this deponent delivered his letters , and returned with answers , pursuant whereunto , captain everie went to captain purdens house , where was a great meeting of the popish gentry of the country , who rejoyced much at the answer of the said letters , but what they were this deponent knoweth not , but that at that time they were sworn to seceresie upon a great book , which this deponent thinks was the life of the saints , viz. john purden , thomas mac everie , eustauce vvhite , john hurley , john bourke , with many others , which this deponent hath forgot at present . that there were several other meetings sometimes at mac everie's , sometimes purdens , where they usually drank a health to the prosperity and good success of the design ; after which they all kneeled down and said an ave maria , with other prayers . that this deponent going another time to beer-haven with letters , saw in the harbour a french man of war , who as this deponent was informed , came on purpose to sound the harbour and to try the peoples minds and the posture of their assistance , if there were an occasion . upon this deponents returning to mr. everies with an answer , there was another great meeting of the gentry , and great rejoycing at the said sullivanes answer . not long after this , the deponent went again to sullivane , but at his return with letters their countenances were much changed to what they were formerly ; for this deponent was given to understand , that the french king being involved in a war with the emperour and spaniard , could not possibly spare those assistances he had formerly promised , for that he rather wanted men to supply his own army , so that for a long time this affair slept , having no encouragement from abroad but of late , by the industry of the priests and some other great agents , their designs begin to take life again , having assurance that the french king being at peace with his neighbours will in a short time make good his promise as to his former intended aid . that this deponent reflecting with much reluctancy on the sad subject he was engaged in to the ruine of the nation , applyed himself to father brodeene the parish priest , and in confession desired to be absolved of his so heinous offence in being assistant to the disturbance of the kingdom ; upon which the said priest bitterly curst him , commanding him to secresie , and that if he did desist from carrying on the design , he should be eternally damned . some little time after , this deponent being from home , had his house broken open , rob'd of his money , the aforesaid pistols , and all his papers wherein he had kept a catalogue of all the names , and the precise times of their several meetings , swearings , &c. by which this deponent guesses that the priest had acquainted them with his confession . the message from the lords to the commons . january the 4 th . 1680. resolved , by the lords spiritual and temporal , and in parlirment assembled , that they do declare that they are fully satisfied that there now is , and for divers years last past there hath been , a horrid and treasonable plot and conspiracy contrived and carryed on by those of the popish religion in ireland , for massacreing the english , and subverting the protestant religion , and the ancient establish'd government of that kingdom , to which their lordships desire the concurrence of this house . the resolution of the commons , upon the consideration of the said message . january the 6 th . 1680. resolved , that this house doth agree with the lords in the said vote with the addition of these words , that the duke of york being a papist , and the expectation of his coming to the crown hath given the greatest countenance and encouragement thereto , as well as to the horrid popish plot in this kingdome of england . finis . at the court at whitehall the 25. of june, 1667. present the kings most excellent majesty, ... whereas it is generally reported, that many seamen and soldiers who have served his majesty at sea, are frequently constrained to give money, or lose some part of their wages to recover the rest: ... proclamations. 1667-06-25. england and wales. sovereign (1660-1685 : charles ii) 1667 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a70025 wing e853 estc r26595 99834855 99834855 39452 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a70025) transcribed from: (early english books online ; image set 39452) images scanned from microfilm: (early english books, 1641-1700 ; 1327:10, 1758:20) at the court at whitehall the 25. of june, 1667. present the kings most excellent majesty, ... whereas it is generally reported, that many seamen and soldiers who have served his majesty at sea, are frequently constrained to give money, or lose some part of their wages to recover the rest: ... proclamations. 1667-06-25. england and wales. sovereign (1660-1685 : charles ii) charles ii, king of england, 1630-1685. browne, richard, sir, 1605-1683. england and wales, privy council. 1 sheet, [1] p. in the savoy, printed by the assigns of john bill and christopher barker, printers to the kings most excellent majesty, [london] : 1667. a proclamation creating a commission to investigate reports of sailor's salaries being skimmed. title from caption title and opening words of text. signed at end by the clerk of the privy council: richard browne. identified as wing c2922 on umi microfilm "early english books, 1641-1700" reel 1327. winw number cancelled in wing (cd-rom). arms 75; steele notation: served vertisements and. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -royal navy -pay, allowances, etc. -early works to 1800. corruption -england -early works to 1800. great britain -history -charles ii, 1660-1685 -early works to 1800. 2008-05 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-10 mona logarbo sampled and proofread 2008-10 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion at the court at whitehall the 25. of june , 1667. present the kings most excellent majesty , his royal highness the duke of york his highness prince rupert lord archbishop of canterbury lord chancellor duke of albemarle lord chamberlain earl of bridgewater earl of berkshire earl of anglesey earl of craven earl of lauderdaill lord viscount fitzharding lord arlington lord berkeley lord ashley mr. comptroller mr. vice-chamberlain mr. secretary morice mr. chancellor of the dutchy sir william coventry sir john duncombe . whereas it is generally reported , that many seamen and soldiers who have served his majesty at sea , are frequently constrained to give money , or lose some part of their wages to recover the rest : which reports being of great prejudice to his majesties service ; and the treasurer of his majesties navy having used all possible means to discover and prevent all such abuses , as appeareth by several publique advertisements by him affixed at westminster-hall gate , and other publique places ; his majesty thereupon out of his tender care of those his subjects who have so faithfully served him , and for the more effectual redress of any abuses which are , or have been committed in exacting upon the said seamen and soldiers , hath appointed his royal highness the duke of york his highness prince rupert duke of albemarle earl of anglesey earl of lauderdaill lord arlington lord berkley lord ashley mr. comptroller mr. vice-chamberlain mr. secretary morice sir william coventry sir john duncombe to sit in the council-chamber as a committeé , to receive and hear all such complaints as any seaman , or soldier imployed at sea , can make of any exaction practised upon them by any the officers , sub-officers , or clerks in the office of the principal officers of his majesties navy , or of the treasury of the navy . whereof all persons concerned are to take notice , and they that have just reason to complain of any such ill usage , may from time to time repair to the council-chamber at whitehall , and there put into the hands of the clerk of the council attending , their complaint in writing , with a note upon the same , where the party complaining inhabits , or may he found ; to the end that if the same do appear to be true , due satisfaction may be given them , and iustice done upon those who have injured them . richard browne . in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty . 1667. by the king. a proclamation for speeding the payment of the arrears of seventy thousand pounds for three moneths assessments, due and payable the first of august last past england and wales. sovereign (1660-1685 : charles ii) this text is an enriched version of the tcp digital transcription a79336 of text r210774 in the english short title catalog (thomason 669.f.26[10]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a79336 wing c3427 thomason 669.f.26[10] estc r210774 99869531 99869531 163892 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a79336) transcribed from: (early english books online ; image set 163892) images scanned from microfilm: (thomason tracts ; 247:669f26[10]) by the king. a proclamation for speeding the payment of the arrears of seventy thousand pounds for three moneths assessments, due and payable the first of august last past england and wales. sovereign (1660-1685 : charles ii) charles ii, king of england, 1630-1685. 1 sheet ([1] p.) printed by john bill and christopher barker, printers to the kings most excellent majesty, london : 1660. dated at end: given at our court at whitehall, the twenty sixth day of september, in the twelfth year of our reign, 1660. reproduction of the original in the british library. eng england and wales. -parliament -appropriations and expenditures -early works to 1800. england and wales. -army -appropriations and expenditures -early works to 1800. taxation -england -early works to 1800. a79336 r210774 (thomason 669.f.26[10]). civilwar no by the king. a proclamation for speeding the payment of the arrears of seventy thousand pounds for three moneths assessments, due and payabl england and wales. sovereign 1660 628 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-07 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation for speeding the payment of the arrears of seventy thousand pounds for three moneths assessments , due and payable the first of august last past . charles r. whereas in our absence an ordinance of both houses of parliament was made , intituled , an ordinance of the lords and commons for the assessment of seventy thousand pounds by the moneth upon england , for three moneths , for the supply of our present occasions , and for and towards the payment and satisfaction of the armys and navies , continued for the defence of this kingdom , and for other the necessary and urgent occasions thereof , and for the due levying and raising of the said moneys , an act also passed in this present parliament , for putting the said ordinance in execution , and thereby all and every the clauses , powers and provisions in the said ordinance mentioned , are enacted to be put in full execution . and whereas by the aforesaid ordinance , it is ordered and required , that the full sum of the said three moneths assessments , charged upon the several and respective counties , cities , boroughs , towns and places , within our realm of england , and dominion of wales , should be wholly paid in and compleated to the receiver general thereunto appointed , at or before the first day of august last past ; nevertheless the same is in a very great measure , as we are informed , uncollected : and for non-payment thereof , the necessities they were appointed to supply are disappointed ; and the disbanding of such part of the army , to whom is assigned some of those arrears , will be much retarded : we therefore by and with the advice of our privy councel , do hereby require and command , under the penalty of our high displeasure , all and every the commissioners named in the said ordinance , for the respective counties , cities , boroughs , towns and places , within our realm of england , and dominion of wales , speedily and very effectually , to put in full execution all the powers , authorities , orders and rules mentioned and laid down in the aforesaid ordinance , as may best conduce to the speedy carrying on of the publick service thereby required , and that all and every the head-collectors , sub-collectors , receivers , and other persons impowred by any clause , article or order , in the said ordinance , do with all diligence and care , perform the duty of their several imployments , under the penalties by the said ordinance imposed ; to the end that there be no failer in any part of the due execution of the service by the said ordinance appointed : but that the whole arrears of the said assessments being paid in without delay , the great inconveniencies which otherwise will ensue , may be prevented and avoided . and lastly , we do hereby streightly charge and command all persons whatsoever to yield all due obedience forthwith as to the paying their and every of their arrears of the aforesaid assessments , in manner as by the said ordinance is ordered and directed , as they and every of them will answer the contrary at their utmost peril . given at our court at whitehall , the twenty sixth day of september , in the twelfth year of our reign , 1660. london , printed by john bill and christopher barker , printers to the kings most excellent majesty , 1660. the naked truth of the distillers case humbly offered to the consideration of the honourable house of commons, by a well=wisher to the distillers and the nation. well-wisher to the distillers and the nation. 1698 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a53062 wing n87 estc r216407 99828138 99828138 32565 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53062) transcribed from: (early english books online ; image set 32565) images scanned from microfilm: (early english books, 1641-1700 ; 1856:01) the naked truth of the distillers case humbly offered to the consideration of the honourable house of commons, by a well=wisher to the distillers and the nation. well-wisher to the distillers and the nation. 1 sheet ([1] p.) s.n., [london? : 1698?] docket title: distillers case. imprint from wing. reproduction of the original in the lincoln's inn library, london. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. -house of commons -early works to 1800. distillation -economic aspects -early works to 1800. 2007-12 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-02 elspeth healey sampled and proofread 2008-02 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the naked truth of the distillers case , humbly offered to the consideration of the honourable house of commons , by a vvell-wisher to the distillers and the nation . i. if this bill is passed for the prohibiting the distilling of spirits or brandy from malt , they will suffer some damage by the houses and works some have built , to the greatly inriching of themselves , as they connot but own . ii. they must also confess ( that notwithstanding whatever pretences they make ) their great working of malt hath occasioned the dearness of both that and wheat ; the farmers having turned their lands , to improve barley , which was before imployed for wheat . iii. they also know well , that if this bill pass , that tillage will not suffer ; for then more beer will be brewed , to the increase of excise and the expence of malt , and the help of those poor who are now forced to drink water and eat grains . iv. that rather then to have this bill pass , they will be contented to have 20 l. per ton duty on brandy distilled from malt ; for then they will gain much more money than the brewers ; although it be retailed at the price it hath been and now is , as appears by the calculate here-under : if good malt cost 30 s. per quarter , 17 quarters will make l 25-10-00 a ten , or 252 gallons of spirits , which will cost — admit it paid duty — l. 20-00-00 and charge of working , as fire , &c. is — l. 02-10-00 so a ton will cost — l. 48-00-00 this sold by the distillers at 4 s. 4 d. per gall. amounts to 54 l. 12 s. so their grain is about 6 l. 12 s. per ton of a quick return and ready money commodity . the midling tradesman may sell it to the retailer for 5 ● per gall. and get 8 or 9 l. per ton. the retailer may sell it as they do now , for 2 d. per quarter of a pint , which is 71 l. per ton , and get 8 l. per ton , and if for 2 1 / 2 d. per quartern , their profit will be 20 l. per ton ; but the former profit is enough for a quick return , and what the brewers would be glad to have . v. they distill form malt at present , not less then 150 ton per week ; which would produce almost 150000 l. per annum to the king , and might raise a good fund to be appropriated as this honourable house shall think fit ; this would do good , and hurt no one . vi. that an effectual way to prohibit the exportation of malt spirits , is to lay a duty thereon for a time , and take off the bounty money . an ordinance of both houses of parliament for the safeguard of the parliament, tower and city of london, under the command of serjeant major generall skippon. proceedings. 1642-02-18. england and wales. parliament. this text is an enriched version of the tcp digital transcription a37903 of text r215597 in the english short title catalog (wing e1793). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a37903 wing e1793 estc r215597 99827424 99827424 31842 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a37903) transcribed from: (early english books online ; image set 31842) images scanned from microfilm: (early english books, 1641-1700 ; 1864:26) an ordinance of both houses of parliament for the safeguard of the parliament, tower and city of london, under the command of serjeant major generall skippon. proceedings. 1642-02-18. england and wales. parliament. 1 sheet ([1] p.) february 18. london, printed for joseph hunscott, [london] : 1641 [i.e. 1642] refers to order of parliament, 12 january last, to place a guard about the tower under maj. gen. skippon, commander of the guards of parliament. this has been done, and the guards posted at the end of tower street and elsewhere. his dispositions are approved of as being for the real good service of king and parliament. any person arresting or troubling him violates the privilege of parliament. -cf. steele. dates are given according to lady day dating. reproduction of the original in the christ church library, oxfor d. eng skippon, philip, d. 1660. england and wales. -parliament. -proceedings. 1642-01-12. great britain -history -civil war, 1642-1649 -early works to 1800. a37903 r215597 (wing e1793). civilwar no an ordinance of both houses of parliament, for the safeguard of the parliament, tower and city of london, under the command of serjeant majo england and wales. parliament 1642 466 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-07 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 mona logarbo sampled and proofread 2008-08 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion an ordinance of both houses of parliament , for the safeguard of the parliament , tower and city of london , under the command of serjeant major generall skippon . whereas upon the 12. of january last past ( amongst other things in that order ; ) it is ordered by the lords and commons in parliament , in these words : and for the better safeguard of the tower , it is further ordered by both houses of parliament , that the sheriffs of london and middlesex , shall appoint and place a sufficient guard about the tower , both by land and water , under the command of serjeant major generall skippon , commander of the guards of the parliament , and that those guards be carefull to see the former order observed . now whereas the said serjeant major having ( in his great care and faithfullnesse ) given his advice to the said sheriffs , concerning what guards he conceived to be fitting , and how the same guards ought to have been ordered by water and land , as he thought most advantagious for the said service . whereas also the said serjeant major hath given his further advice and order to divers other persons concerning the timely discovery , and preventing of any thing that might have been attempted or done contrary to the intent of the said order of both houses of parliament . and whereas the said serjeant major skippon hath according to the trust reposed in him by the citie of london , placed the trained-bands of the said citie , at the further end of tower-street , and in such other places within and about the citie , as he conceived to be most for the safety of the citie : all and every particular of the which premisses , and whatsoever else in the same kinde , and to the same ends , that he the said serjeant major hath advised , or done , or shall advise or do according to the order aforesaid , is hereby well approved off , and fully warranted by both houses of parliament , as being for the reall good service of his majesty , and the common-wealth ; as also for the safety of the parliament and citie : and is in all and every part thereof according to his duty , the last protestation , and the laws of this kingdom . and if any person shall arrest , or any other way trouble him for so doing , he doth break the priviledge of parliament , violate the liberty of the subject , and is hereby declared an enemy to the common-wealth . february 18. london , printed for joseph hunscott . 1641. the danger of mercenary parliaments toland, john, 1670-1722. 1698 approx. 34 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-10 (eebo-tcp phase 1). a62846 wing t1765 estc r10340 12590680 ocm 12590680 63903 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a62846) transcribed from: (early english books online ; image set 63903) images scanned from microfilm: (early english books, 1641-1700 ; 676:14) the danger of mercenary parliaments toland, john, 1670-1722. 8 p. s.n., [london : 1698] caption title. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. 2003-04 tcp assigned for keying and markup 2003-05 aptara keyed and coded from proquest page images 2005-03 judith siefring sampled and proofread 2005-03 judith siefring text and markup reviewed and edited 2005-04 pfs batch review (qc) and xml conversion the danger of mercenary parliaments . 1. several treatises have been formerly written , and more ( i doubt not ) will be in this juncture publish'd , with directions and informations to the people of england for choosing fit and proper representatives for the ensuing parliament , wherein sufficient notice will be taken of the failures and defects of several who have already been entrusted in that service , and the due qualifications of such who are now to be elected . i shall therefore confine my present thoughts only to one particular head , which yet , in my opinion , seems to involve in it the inevitable fate of england , which wholly depends upon the choice of members for the next session of parliament : i mean the choosing or refusing of such persons who are now possest of any places and preferments , depending upon the gift and pleasure of the court. if herein my endeavours prove unsuccessful , i shall have nothing left but the satisfaction of my own conscience to support me under the deplorable consequents and effects which must necessarily attend the choice of a house of commons fill'd with officers and court-pensioners . this is the last struggle and effort the people of england have left them for their properties ; and should we now miscarry in this , we may sit down and idly shew our affections for our country , and fruitlesly bewail the loss of our liberties , but shall never meet with another opportunity of exerting our selves in its service . that i may therefore set the minds of people right in this particular ere it be too late , i think it will be only necessary to shew the danger of choosing members that are in places from two considerations : first , from the nature of such a parliament consider'd in it self : and , secondly , from what has already been done by parliaments so qualified . in both which i shall be very brief , and content my self with much fewer arguments than might be urg'd upon this subject : for i should almost despair of being surviv'd by the liberties of england , if i could imagine there was a necessity of saying much in a case not only of such irresistible evidence and demonstration , but also of the utmost concern and importance to us . 2. first then , we shall best be able to understand the nature of such an ill-chosen parliament , by comparing it with a true one , and with the original design of parliaments in their institution . i hope it need not be told that they were at first intended for a support to the king 's just prerogative , and a protection to the subjects in their as just rights and privileges : for maintaining all due honour to the executive power , and all sutable respect and encouragement to those who are intrusted with the administration of the laws : for a poise and balance between the two extreme contending powers of absolute monarchy and anarchy : for a check and curb to insolent and licentious ministers , and a terror to ambitious and over-grown statesmen : for giving their advice to his majesty in all matters of importance : for making necessary laws to preserve or improve our constitution , and abrogating such as were found burdensom and obsolete : for giving the king mony for defraying the charges and expences of the government , or maintaining a necessary war against foreign and domestick enemies : for examining and inspecting the public accounts , to know if their mony be applied to its true use and purposes : in short , for the best security imaginable to his majesty's honour and royal dignities , and the subjects liberties , estates , and lives . 3. this being the nature and true design of a parliament , let us now see whether a house of commons , full of officers and court-pensioners , will answer those noble and laudable ends of their constitution : and here indeed i begin already to be asham'd of my undertaking ; the proof of the negative is so ridiculous , that it looks too much like a jest to ask any one in his wits , whether a parliament fill'd with delinquents will ever call themselves to an account , or what account would be given if they should ? whether an assembly of public robbers will sentence one another to be punish'd , or to make restitution ? whether it is possible our grievances can be redrest , that are committed by persons from whom there is no higher power to appeal ? whether there is any hope of justice where the malefactors are the judges ? whether his majesty can be rightly inform'd in affairs relating to himself or the public , when they are represented to him only by such persons who design to abuse him ? whether the public accounts will be faithfully inspected by those who embezzle our mony to their own use ? whether the king's prerogative can be lawfully maintain'd by such who only pervert it to their own sinister ends and purposes ? whether a parliament can be a true balance , where all the weight lies only in one scale ? or , lastly , whether a house of commons can vote freely , who are either prepossest with the hopes and promises of enjoying places , or the slavish fears of losing them ? methinks it is offering too much violence to human nature to ask such questions as these ; i shall therefore leave this invidious point . 4. yet lest still any should remain unsatisfied , or lull'd into a fond opinion , that these mischiefs will not ensue upon the elections they shall make , i shall further endeavour to convince those who are most mov'd by the force of examples , by coming to my second particular , and shewing how parliaments so qualify'd have all along behav'd themselves . and here i must confess there are not many instances to be given , the project of corrupting parliaments being but of a late date , a practice first set on foot within the compass of our own memories , as the last and most dangerous stratagem that ever was invented by an encroaching tyrant to possess himself of the rights of a freeborn people ; i mean k. charles the 2 d. who , well remembring with how little success both he and his father had made use of open arms and downright violence to storm and batter down the bulwarks of our excellent constitution , had recourse at last to those mean arts , and underhand practices , of bribing and corrupting with mony those who were intrusted with the conservation of our laws , and the guardianship of our liberties . and herein he so well succeeded , that the mischiefs and calamities , occasion'd by that mercenary parliament , did not terminate with his life and reign ; but the effects of them are handed and continued down , and very sensibly felt by the nation to this very hour . for it is to that house of commons the formidable greatness of france was owing , and to their account therefore ought we to set down the prodigious expences of the late war : it was by those infamous members that mony was given to make a feign'd and collusive war with france , which at the same time was employ'd either in subduing the subjects at home , or oppressing our protestant neighbours abroad : it was this venal parliament in effect that furnish'd the king of france with timber and skilful workmen for building ships , as well as expert mariners , and a prodigious quantity of brass and iron canon , morter-pieces , and bullets from the tower ; by the help of which our own treacherous king w●s able to boast publickly , and thank god , that he had at last made his brother of france a seaman : by this means the honour of england was prostituted , and our natural and naval strength betray'd , with which , like sampson , we should easily have broken all the cords that europe , or the whole world could have made to bind and enslave us , had not this parliament made a sacrifice of all to the charms of a french dalilah . to this profligate and villanous reign we are to ascribe the loss of all the considerable charters of england , the deaths of our best patriots , the encouragement and almost establishment of popery , the decay of trade , the growth of arbitrary power , the ill effects of dishonourable leagues , the shutting up of the exchequer , the progress of all sorts of debauchery , the servile compliances at court of a rampant hierarchy in the kingdom , the insolent deportment of the inferior clergy both in the universities and elsewhere , their slavish doctrine of passive obedience and nonresistance ; in short , a general depravation of manners , and almost utter extirpation of virtue and moral honesty . these and all the other mischiefs of that reign are justly chargeable to the account of that pension'd parliament , who either were the immediate authors , or the undoubted causers of them : who , tho they sat long and often , and could not be ignorant of our deplorable condition , yet having their eyes blinded with the dust of gold , and their tongues lock'd up with silver keys , they durst not cry out for the rescue of their country , thus inhumanly ravish'd in their very presence . it will not consist with my de●●gn'd brevity , nor is it here necessary to give the reasons that induc'd the court to dissolve that parliament ; nor shall i take any further notice of their great and fortunat oversight in doing it , nor of their unfeign'd repentance afterwards for it : i shall only observe , that if the nation had been so senslesly stupid to have chosen the same members a second time , who were pensioners in the foregoing parliament , we had long ago suffer'd the dismal consequences of our folly and madness in such a choice ; nor should we now have had this liberty to warn one another against splitting upon the like rocks , and falling into the same precipices . but they were wiser in those times , and the consideration of the dreadful shipwrack they had so lately escapt , made them choose pilots of a quite contrary disposition , who , as far as in them lay , and as long as they were permitted to sit at the helm , repair'd the shatter'd vessel of the commonwealth , restor'd its honour , reviv'd its drooping genius , gave force to its laws , countenance to its religion , and , in a great measure , reduc'd our banish'd liberties , and expos'd the persons who sold them to the universal hatred and reproach of their fellow subjects ; a punishment indeed infinitely less than they deserv'd for the highest crime a member of parliament is capable of committing . 5. as for king iames's reign , tho it was notoriously guilty of the breach and violation of most of our fundamental laws , which sufficiently justifies our carriage towards him , yet cannot we say that his mismanagement is to be ascrib'd to the corruption of any parliament sitting in his time . 't is true indeed he reap'd too much advantage from the conduct of the brib'd parliament in his brother's reign , and us'd all possible endeavours to procure such another for himself , well knowing it to be the most effectual means for carrying on his ruinous and destructive projects ; yet either from the unshaken constancy of the people , or want of dexterity in his ministers , he was altogether defeated in his expectation . 6. this miserable disappointment of king iames's hopes made way for our late glorious revolution , which was brought about by the hearty endeavours , and accompanied with the most unfeigned vows and wishes of all true lovers of their country , who from hence expected a full deliverance from their present miseries , and a sure remedy from their future fears : for what happiness might not the people well hope for under the government of the best of kings , supported by the best of titles , viz. the general consent and election of his people ? we were fill'd with golden dreams not only of a bare security for our estates and lives , but an inexhausted affluence of all manner of blessings a nation is capable of enjoying . but tho we have dreamt the dreams , yet have we not seen the visions . and tho the nation is by this time sadly sensible how wretchedly they have fallen short of their expected happiness , yet are they not all acquainted with the true spring and fountain from whence all their misfortunes flow , which is indeed no other than that bare-fac'd and openly avow'd corruption , which , like a universal leprosy , has so notoriously infected and overspread both our court and parliament . 't is from hence are plainly deriv'd all the calamities and distractions under which the whole nation at present groans : 't is this that has chang'd the very natures of englishmen , and of valiant made them cowards , of eloquent dumb , and of honest men villains : 't is this can make a whole house of commons eat their own words , and countervote what they had just before resolv'd on : 't is this could summon the mercenary members from all quarters of the town in an instant to vote their fellow criminals innocent : 't is this that can make a parliament throw away the peoples mony with the utmost profusion , without enquiring into the management of it : 't is this that put a stop to the examination of that scandalous escape of the thoulon fleet into brest : 't is this that has encourag'd the mismanagements of the admiralty in relation to the loss of so vast a number of men of war and merchant ships , as well as other miscarriages which were by all men judg'd to proceed not from their want of understanding in sea-affairs : 't is this that has hindred the passing a bill so often brought into the house for incapacitating members to bear offices : 't is this that could not only indemnify , but honour a leading member for his audacious procuring and accepting a grant of lands , which by the parliament had been set apart for the public service ; a vote that shall stand recorded in their own journals to the never-dying infamy of that mercenary assembly : 't is this could make the same person most confidently affirm , that he was sure the majority of the house would agree to what he was going to propose : 't is this that could make men of peaceable dispositions and considerable estates vote for a standing army : 't is this that could bring admirals to confess that our fleet under their command was no security to us : 't is this could make wise men act against their own apparent interest : in short , 't is this that has infatuated our prudence , stagger'd our constancy , sullied our reputation , and introduc'd a total defection from all true english principles . bribery is indeed so sure and unavoidable a way to destroy any nation , that we may all sit down and wonder that so much as the very name of a free government is yet continued to us . and if by our wary choice of members we should happen to recover our antient constitution , we shall with horror and amazement look back , and reflect upon the dreadful precipice we so narrowly escapt . 7. fatal experience has now more than enough convinc'd us , that courts have been the same in all ages , and that few persons have been found of such approv'd constancy and resolution as to withstand the powerful allurements and temptations which from thence have been continually dispens'd for the corrupting of mens minds , and debauching their honest principles . such instances of the frailty of human nature may be given within these few years past , as might make a man even asham'd of his own species , and which ( were they not so open and notorious ) ought out of pity to mankind to be buried in perpetual silence . who can enough lament the wretched degeneracy of the age we live in ? to see persons who were formerly noted for the most vigorous assertors of their country's liberty , who from their infancy had imbib'd no other notions than what conduc'd to the public safety , whose principles were further improv'd and confirm'd by the advantages of a sutable conversation , and who were so far possest with this spirit of liberty , that it sometimes transported them beyond the bounds of moderation , even to unwarrantable excesses : to see these men , i say , so infamously fall in with the arbitrary measures of the court , and appear the most active instruments for enslaving their country , and that without any formal steps or degrees , but all in an instant , is so violent and surprizing a transition from one extreme to another without passing the mean , as would have confounded the imaginations of euclid or pyrrho . all the stated maxims , in relation to the nature of mankind , which have been long ago settled and establish'd by philosophers and observing men , are now baffled and exploded ; and we have nothing left us to contemplate , but the wild extravagancies of romantic fables , the sudden conveyances of nimble finger'd jugglers , the inimitable dispatches of transubstantiating priests , or the now more credible metamorphoses of men into beasts . 8. the necessity we have lain under of frequent meetings of parliament during the war , has taught our managers so much dexterity and address in their applications to the members of that assembly , that they are now become consummate masters in that most detestable art of corrupting our representatives , by hopes and fears of attaining or losing offices and preferments . and tho i here name offices , yet those offices are downright bribes and pensions , since they are held precariously from the court , and constantly taken away upon non-compliance with the court-measures ; tho i am not ignorant that several considerable pensions were also paid out of the exchequer to members of both houses : for places could not be had for all , tho they have tried all imaginable arts for dividing amongst themselves the considerable posts in the kingdom : for either by splitting of offices amongst several persons which were formerly executed by one , or by reviving such as were sunk , or by creating others which were altogether useless and unnecessary , or by promises of preferment to those who could not presently be provided for , they had made above 200 members absolutely dependent upon them . and what points might not such a number carry in the house , who were always ready and constantly attending with more diligence to destroy our constitution , than the rest were to preserve it ? who represented not their country but themselves , and always kept together in a close and undivided phalanx , impenetrable either by shame or honour , voting always the same way , and saying always the same things , as if they were no longer voluntary agents , but so many engines merely turn'd about by a mechanic motion , like an organ where the great humming bases as well as the little squeaking trebles are fill'd but with one blast of wind from the same sound-board ? yet a few of them may in some measure be distinguish'd from those pointblank voters , whom neither their country's safety , nor their own more dear and valu'd interest , nor the perswasion of their once intimate friends , nor fear of reproach , nor love of reputation could ever prevail to join in an honest point , or dissent from a question that carried in it the violation of the rights and properties of the subject . these are the men who have perswaded his majesty , or rather assum'd to themselves not to fill up any vacant offices whilst the parliament is sitting ; but to keep all pretenders in a dependence till the end of the session , and bind them up to their ill behaviour , which will then be their best pretence to demand their wages of unrighteousness : witness the commission of excise the last session , which was sued for by , and promis'd to above 30 competitors , who all did their utmost to signalize their several merits for an office , which doubtless will be at last divided amongst those who have deserv'd worst of their country . by these means they made their numbers and interest in the house so great , that no miscarriage in the government could ever be redrest , nor the meanest tool belonging to them be punish'd : some of which they did indeed take into their own hands , which rais'd in the people a high expectation that some extraordinary penalties would be inflicted upon them ; when their design at the same time was nothing else but to protect and screen them from the ordinary course of justice : such is now the difference in point of corruption between a common jury and the grand jury of the nation ! such a mutual assistance and support have they been to one another in the several mismanagements of their trusts : so favourable have they been to their own creatures , and so implacable to those who have any way oppos'd their unjust proceedings , witness their scandalous partiality in the case of duncomb , which i hope to see printed at large for the satisfaction of the public . if it were truly represented , i am sure there needs nothing more to excite in the people a universal detestation of their arrogance and injustice . and yet do these apostates pretend to value themselves upon their merit in contriving that most destructive project of exchequer bills , by which all impartial men must either think they notoriously dissemble with us , or that they have indeed lost their senses when they speak of publick service ; the word is so unbecoming in their mouths , and so awkerdly pronounc'd , that they seem not to breath in their own element when they usurp the name . these are the men who have endeavoured to render our condition hopeless even beyond the power of the king himself to relieve us : for tho his majesty be deservedly lov'd and honour'd by his people for his readiness to do them justice , and ease their oppressions , yet can we not expect it from him whilst he is thus beset and surrounded , and his palaces invested by these conspirators against his own honor and the welfare of his kingdoms . the only remedy therefore that remains is , to chuse such a parliament who he under no temptations , and are acted by no other motives but the real and true interest of his majesty and his dominions ; a parliament that will fall unanimously upon publick business , and be free from those petty factions and personal piques which in the late session so shamefully obstructed and delay'd the most important service of the commonwealth . 9. if it should be pretended , that the nation is yet unsettled , and the fear of king iames has forc'd them upon these extraordinary methods for their own preservation ; i answer , that no cause whatsoever can be justly alledg'd in vindication of such vile arts and pernicious practices . but i would farther ask them , what necessity there is upon that account for their gaining such prodigious estates to themselves in so short a time , and in so merciless a way , when the nation was rack'd to the utmost by taxes in a long and expensive war ? is it the fear of king iames that has brought such a reproach upon our revolution , as if it needed to be supported by such mean and unjustifiable practices ? is it the fear of king iames that makes us content he should live so near us , or that he should be maintain'd at our own charge of 50000 l. per annum ? or has not rather king iames been made the pretence for the unwarrantable proceedings of our conspirators during the war , and since the conclusion of the peace ? it is very strange that king iames , who is but their jest in private , should be thus made their publick bugbear to frighten us out of our senses like children ; so that king iames must be at last our ruin abroad , who could not compass it by all his power and interest at home . and in this sense i am of their opinion , that we are not yet quite delivered from the fear of king iames , who must be made the instrument of our slavery by those very persons who pretend their greatest merit to consist in delivering us from him . but what is this but making the old abdicated tyrant a footstool to ascend the throne of absolute power , and a scaffold for erecting that proud and stately edifice from whence we have so justly tumbled him down headlong ? but 't is to be hop'd the nation will be no longer impos'd on by such stale pretences as these , and that a well-chosen parliament will not fail to pass their severest censures upon those who would thus jest us out of all that is dear and valuable amongst us : that they will no longer resemble a flock of sheep ( as cato said of the romans in his time ) that follow the belweather , and are contented when all together to be led by the noses by such whose counsels not a man of them would make use of in a private cause of his own : that they will at last vindicate the honor of england , and imitate their wise ancestors in hunting down these beasts of prey , these noxious vermin to the commonwealth , rather than suffer themselves to be led in collars and couples by one mighty nimrod , who upon the turning up of his nose shall expect a full cry of sequacious animals , who must either join voices or be turn'd out of the pack . 10. notwithstanding what i have said , i would not have any of them either really imagine themselves , or falsly suggest to others , that i envy them their places and preferments , which i am so far from doing , that i wish they rather had them for the term of their lives ; i desire only they may be subject to the laws , and to some power on earth that may call them to account for their misbehaviours , that they may not be their own judges , that our soveraign remedy may not prove our chief disease , and that the kid may be seeth'd in something else than its mother's milk . nor would i by any means deny them their seats in parliament , provided they are in a condition to speak and act freely , and discharg'd from those temptations which i find they have not constancy enough to withstand ; for after all ; i still believe many of them so honest that nothing but mony or preferments will corrupt them . but if nothing will satisfy them but the downright subversion of our constitution ; if they will be content with nothing but the utter abolishing of all laws , and the rooting up of those fences and securities provided by our ancestors for the preservation of all things that are sacred and esteem'd amongst mankind ; it is high time for the electors to look about them , and disappoint their unreasonable and exorbitant hopes , and to spew them out as detestable members of the commonwealth ; not only as unfit to be trusted with their liberties , but as unworthy to breath in the air of a free government . 11. if any should say , that the alterations in elections will stand us in no stead , since whoever are chosen will still be bought off and brib'd by court-preferments : i answer , it will require a considerable time to new-model and debauch a house of commons , nor can it be done but by displacing all those who are already possess'd , to make room for these new comers , which will make the trade and mystery of bribery more plain , and consequently more abhor'd . and since no parliament can now fit above three years , the court will meet with fresh difficulties to interrupt them , which may possibly at last make them weary of these practices . 't is true indeed , this consideration ought to make us more circumspect in our choice of members , for tho we should choose but an inconsiderable number of pensioners , yet will they soon be able to work over a majority to their side : so true is the saying , a little leaven leavens the whole lump . whoever therefore out of any particular friendship , or other motives of fear or private interest , should vote for any one person so qualify'd ; let him consider , that as much as in him lies , he makes a complement of all the liberties of england to the unsatiable avarice and ambition of statesmen and court-ministers . since therefore we have so narrowly escap'd our destruction , and one session more of the last parliament would infallibly have ruin'd our constitution , we cannot surely be so grosly overseen as to neglect the opportunity now put into our hands for avoiding the like hazards in time to come ; which may easily be done , if the freeholders and burghers in england will petition and engage their representatives to consent to a bill which shall be brought into the house , to incapacitate all members for holding offices and preferments : or if it should be thought too much to debar them altogether from the enjoyments of posts of honor and advantage , let them keep them during good behaviour , and not otherwise ; that such places may not be reserv'd in store for those who shall be from time to time elected , and thereby a continued course of corruption be carry'd on successively thro the whole nation , who will in a few years insensibly find themselves so universally infected with this insinuating vice , that we shall be throughly ripe for destruction , and readily expose to sale the liberties of england by auction to the fairest bidder . if it was deservedly thought one of our most dangerous grievances , that the judges , who only declare the law , should hold their places ad beneplacitum ; what condition must we be in when our law-makers themselves are subjected to the same temptations ? or what advantage have we got by having our judges commissions for life , when our very legislature it self is prostituted to bribery and fordid gain ? the fortune of england is now brought to the nicest point , and there are critical seasons , which if neglected , will never again be offer'd ; and should we now fail in our duty to our country , we shall assuredly fall unpitied by the rest of the world . but if on the other hand we can by our foresight and diligence prevent for the future the bribing and corruption of parliaments , it is not to be imagin'd what security , what happiness , and what immortal reputation will be the never-ceasing concomitants of such a settlement . if the very rump of a parliament , even in the midst of domestic discontents , and beset on all sides with foreign assaults and invasions , were able by that one self-denying act to maintain the publick welfare from the danger of inward convulsions at home , and violent concussions from abroad ; if that small and broken number without any head , and under so many disadvantages , could by this only means secure our peace , and so widely extend the repute and honor of the english name ; what country or what region could ever give limits to the unbounded reputation of a full and legal parliament so nobly qualify'd ? what nation could there be so powerful as to resist our forces , or so politick as to infatuate our counsels ? there is nothing within the compass of human wishes that we might not assure our selves from the wisdom and virtue of such a disinterested assembly , headed and incourag'd by the most auspicious prince that ever yet swayed the english scepter : a prince who only waits the opportunity of our own willingness to be happy , and is fir'd with a longing eagerness to see the nation deserve the glorious effects of his inimitable conduct , and inexhausted beneficence ; who only wishes a happy conjuncture of a free and unbyass'd parliament , that he might join with them in the rescue of himself and us from the oppression of those devouring harpies , who would tear off the yet green and flourishing lawrels from his majestic brows , and ungratefully cast a tarnish upon the lustre of his bright and shining atchievments : that he might dissipate those inauspicious vapors which have hindred him from breaking out in the height of his meridian glories , and intercepted his benign and noble influence upon his inferior and dependent orbs : that he might deliver up to justice those traitorous and insinuating parasites , who endeavour to inspire into his sacred breast an unworthy jealousy of his people , as if he wanted the assistance of a standing army to secure and establish to himself that throne which he has already so firmly erected in the hearts and affections of his subjects : and lastly , that he might wholly discharge himself of those wretched and perfidious statesmen , who endeavour to fix the brand of their own acquir'd infamy upon their master , that they may make him as hateful to one party for their vices , as he is already to another for his own virtues , and deprive him of the glorious title of the world 's greatest benefactor , which he has so justly purchas'd to himself by his immortal performances . 12. i shall conclude with one word , in answer to such who may possibly think i have reflected too much upon the supineness and base neglect of the people of england ; as if it were possible they could be such monstrous and unnatural self-murderers , as to give away with their own breath and free consent all their rights to their estates and lives . i confess i should be glad to find my labour lost upon this account : but i desire such to consider , that there are many honest and well-meaning englishmen who do not distinguish between our present government , and our present way of governing ; whose distance from the parliament , multiplicity of business , or other circumstances in the world , render them less able to penetrate the designs that are now carrying on for the total subversion of our most excellent constitution . and it is plain on the other hand , that the great and unwearied diligence of the present conspirators against our government , in order to support their future elections , dos infer their thoughts that the majority of the electors are capable of being impos'd upon in this gross and unexampled manner . since therefore those who are making us slaves , think it no great difficulty to effect their purposes , i see no reason why i ought to be so tender as to forbear expressing my sears and apprehensions of their success . finis . the remonstrance of the soldiery to the right honourable, the lord mayor, aldermen, and common councell of the city of london england and wales. army. this text is an enriched version of the tcp digital transcription a91631 of text r211538 in the english short title catalog (thomason 669.f.23[32]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91631 wing r1015 thomason 669.f.23[32] estc r211538 99870255 99870255 163688 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91631) transcribed from: (early english books online ; image set 163688) images scanned from microfilm: (thomason tracts ; 247:669f23[32]) the remonstrance of the soldiery to the right honourable, the lord mayor, aldermen, and common councell of the city of london england and wales. army. corporation of london (england) lord mayor. 1 sheet ([1] p.) s.n., [london : 1660] tendering their services to obtain a free parliament at the time of the negotiations between the city and general monck. imprint from wing. annotation on thomason copy: "feb. 3. 1659." reproduction of the original in the british library. eng albemarle, george monck, -duke of, 1608-1670 -early works to 1800. england and wales. -parliament -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a91631 r211538 (thomason 669.f.23[32]). civilwar no the remonstrance of the soldiery to the right honourable, the lord mayor, aldermen, and common councell of the city of london. england and wales. army. 1660 641 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 tcp assigned for keying and markup 2007-07 aptara keyed and coded from proquest page images 2007-08 pip willcox sampled and proofread 2007-08 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the remonstrance of the soldiery to the right honourable , the lord mayor , aldermen , and common councell of the city of london . while the loud cry of our opprest country , is now every where resounding and reaching up to heaven , against the intollerable tyranny of our false and treacherous masters , who with good words , a bit and a knock have drilled us on to the utter ruine and dishonour of this once glorious kingdome ; and being now made sensible that we carry our armes meerly for the safe-guard and upholding of a desperate crue , whose demerits suffer not their guilty souls to think of any expedient or remedy to cure any distresses but their own ; that therefore we may ease their mischievous brain of any further designes tending to the accomplishment of our poor countries slavery , which they can obtain and effect by no hands but ours ; and to ease our minds and consciences of that accessary guilt , with which we may be justly charged . vve do remonstrate and declare , that seeing it hath pleased god by his vvisdom and justice to make our old officers that were the instruments and authors of all that confusion and ruine which hath overwhelmed these nations since 1648 a hissing and shame to all the vvorld , and that by a rod of their own making , thereby to undeceive and rightly inform us of our unlawful continuance in this our present military employment ; that vve do from our very souls desire a dismission from under the command , and ( we were a going to say ) pay of this arbitrary tyrannical power , and would presently disband our selves , and desert our colours if it were not folly and madness to expose our single individual selves to the fury and rage of our masters , who being backt by general monks neer assistance , would otherwise wreak their utmost revenge upon us . vve do therefore unanimously , cordially , and readily tender our service , our lives and fortunes to the right honourable the lord mayor of the city of london , to be directed , employed , and ordered as to his lordship and his grave councel shall seem convenient , being ready with any the utmost hazzards ( though we suppose the name of our assistance to his lordships just endeavours after a free parliament will doe the work ) to redeem our miserable country , and our former honour and renown . to that purpose we have secured our armes , and are resolved never more to submit to the members at westminster , till it be a free and full house ; and if room must be made for the scotch army our lovely brethren , it shall be no way inconsistent we think with the liberty of the city to admit and entertain us for guests , seeing it hath pleased god out of mercy to this nation to make us all of one mind and heart , to the bringing about his intended mercy to it . vve have now ecchoed the universall desires of the nation , and if your petitions and civill extraordinary addresses to ( as we hope that honourable person ) generall monke do not prevaile , say but the word onely , and give us some commanders , and you shall see the answer and effect of our drums and trumpets . postscript . the purport of this remonstrance was in our intentions long before ; but the change of our officers and the distrusts and divisions cunningly fomented by them among us , retarded the addressing of it to your lordship ; but we hope it is now come in its best time . the list of the army raised under the command of his excellency, robert earle of essex and ewe, viscount hereford, lord ferrers of chartley, bourcheir and lovaine: appointed captaine generall of the army, imployed for the defence of the protestant religion, the safety of his majesties person, and of the parliament; the preservation of the lawes, liberties, and peace of the kingdom, and protection of his majesties subjects from violence and oppression. with the names of severall officers belonging to the army. england and wales. army. this text is an enriched version of the tcp digital transcription a88328 of text r17877 in the english short title catalog (thomason e117_3). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 49 kb of xml-encoded text transcribed from 12 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a88328 wing l2413 thomason e117_3 estc r17877 99860290 99860290 112408 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a88328) transcribed from: (early english books online ; image set 112408) images scanned from microfilm: (thomason tracts ; 21:e117[3]) the list of the army raised under the command of his excellency, robert earle of essex and ewe, viscount hereford, lord ferrers of chartley, bourcheir and lovaine: appointed captaine generall of the army, imployed for the defence of the protestant religion, the safety of his majesties person, and of the parliament; the preservation of the lawes, liberties, and peace of the kingdom, and protection of his majesties subjects from violence and oppression. with the names of severall officers belonging to the army. england and wales. army. glover, george, b. ca. 1618. [24] p. : port. printed for john partridge, london : 1642. includes engraved frontispiece "robert earle of essex, his excellence, generall of ye army", signed g. glo: sc:. annotation on thomason copy: "sep: 14". signatures: a⁴ c⁴. reproduction of the original in the british library. eng essex, robert devereux, -earl of, 1591-1646. england and wales. -army -lists. great britain -history -civil war, 1642-1649 -early works to 1800. a88328 r17877 (thomason e117_3). civilwar no the list of the army raised under the command of his excellency, robert earle of essex and ewe, viscount hereford, lord ferrers of chartley, england and wales. army. 1642 4195 11 0 0 0 0 0 26 c the rate of 26 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-08 tcp assigned for keying and markup 2007-08 aptara keyed and coded from proquest page images 2008-02 john pas sampled and proofread 2008-02 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion portrait of robert earl of essex robert earle of essex , his excellence , generall of ye . army . g. glo. fe the list of the army raised under the command of his excellency , robert earle of essex and ewe , viscount hereford , lord ferrers of chartley , bourcheir and lovaine : appointed captaine generall of the army , imployed for the defence of the protestant religion , the safety of his majesties person , and of the parliament ; the preservation of the lawes , liberties , and peace of the kingdom , and protection of his majesties subjects from violence and oppression . with the names of the severall officers belonging to the army . london , printed for john partridge , 1642. the list of the armie . officers generall of the field . his excellencie robert earle of essex capt. generall . sir iohn merrick serjeant major generall , and president of the councell of warre . capt. iames seigneur provost marshall generall . tho. richardson carriage master generall . officers of the lord generalls train . sir gilbert gerrard knight , treasurer at warres . lionell copley esquire , muster-master generall . doctour isaac dorisla advocate of the army . henry parker esquire , secretary to the army . robert chambers auditor of the army . william earle of bedford lo. generall . sir william belfoore knight , lievtenant generall . iohn dulbeir quartermaster generall . sir edward dodsworth commissary for the horse . iohn ward commissary for the provisions . iohn baldwine provost marshall generall . a list of the train of artillery . john earle of peterborough generall of the ordnance . philibert emanuel de boyes lievtenant generall of the ordnance . nicholas cooke an assistant to the lievtenant of the ordnance . alexander forboys a surveyor or comptroller . iohn lyon an engineer . sixe other engineers assistants . george vernon iohn phipps two commissaries of the ordnance , materialls , and ammunition . a commissary to distribute victuals . captain peter cannon a purveyor generall both for munition , and all other necessaries belonging to the ordnance . eighteen gentlemen of the ordnance . 1 tho. holyman . 2 robert barbar . 3 patrick strelley . 4 edward wase . 5 anthony heyford . 6 robert bower . 7 henry edson . 8 iames francklin . 9 richard honey . 10 ioshua sing . 11 george ransom . 12 samuell barry . 13 daniell barwick . 14 tho. rawson . 15 tho. sippence . 16 tho. crosse . 17 tho. ayres . 18 william hickson . iohn fowke a master of the carriages , or waggon-master for the artillery . wil. crawley a principal conductor of the train of artillery for the draught-horses and ammunition . edward west a commissary of the train of artillery for the draught-horses . george wentworth a quarter-master of the traine of artillery . edward frodsham , henry roe , iohn dungan . three captains to 600. pyoners . gerard wright , benjamin hodson , tho. williams . three lievtenants to 600. pioners lancelot honiburne master-gunner . christopher troughton provost-marshall of the artillery . edward okely a battery-master . ioakim hane fire-worker and petardier . william roberts fire-worker and petardier . harman browning a bridge-master for the traine of artillery . io. herdine an assistant unto him . lievtenant general de boys capt. of 100. fire-locks rich. price lievtenant to captain de boys . the list of the severall regiments of foot and horse . his excellencies regiment . captains . colonell his excellency . leiv . col. w. davies . ser. m. jo. bamfield . sir antho. st. john . chr. mathias . jo. skrimpshiere . tho. skinner . roger bettridge . tho. ward . edw. leventhorp . lievtenants . john rainsford . fulk musket . hugh justice . wal. reed . geo. clarke . alex. edwards . jo. cracroft . tho. lanford . hen. stevens . ensignes . iohn lloyd . ienkin song . edw. cockram . will. bowen . io. iohnson . tho. hastings . andr. ward . hugh harding . sir philip stapleton captain of 100. curassiers for his excellencies guard , adam baynard lievtenant , paul gresham quarter-master , captain nathaniel draper captain to the generals troop of 50. carbines , iohn strelley cornet , abraham carter quarter-master . fire-locks . captains . robert turner . ambrose tindall . nicho. devereux . phisitian to the train and person . dr iohn saint-iohn . chirurgion to the traine and person . lawr. lowe . chirurgion to the regiment . william parkes . lievtenants . vseus martery . nich. halford . tho. lawrence . carriage-master . william wren . chaplain . stev . marshall . chaplaine for the regiment of horse . doctor burges . ensignes . sir iohn merricks regiment . captains . col. sir . ioh. merrick . l. c. vincēt kilmady ser. m. will. herbert _____ tyer . _____ lower . fran. merrick . tho. lawherne . iohn lloyd . iohn edwards . iohn baily . lievtenants . provost marshall . iohn treme . chaplain . _____ tucker . ensignes . chirurgion . iohn woodward . the earle of peterboroughs regiment . captains . col. jo. e. of peterborow l. c. sir faithf . fortescue ser. ma. francis fairfax sir edward payton . phil. dutton . bevill prideaux . robert knightley . io. butler . hen. lovell . geo. blunt . lievtenants . geo. rouse . richard orfice . io. rice . william thorp . henry case . o●nall fountaine . tho. treist . iohn balstone . george hartridge . iames grimes . ensigns . _____ goldsborow . iohn apew . alex. thory . iohn bridges . iames harrison . bevill cruttenden . richard lidcoat . thomas laharn . iohn pewe . cha. harrow . the earle of stamfords regiment . captains . col. hen. e. of stamf. liev. col. edw. massie ser. m. const. ferrer tho. savill . iames gray charles blunt . peter crispe . isaac dobson . arnold cosbie . io. bird . lievtenants . iohn clifton . iames harcus . william hewet . william white . iames bock . robert hampson . io. hemens nath. tapper robert mallery hen. cantrell ensigns . iohn chambers io. starkey tho. griffin william pincock edw. gray . hen. collingwood tho. barnes iames baker laur. clifton quarter-master . ferdinando gray . carriage-master . rich. phillips . chirurgion . iohn rice provost marshall . robert powell the lord sayes regiment . captains . col. willm lord say l. c. ge. hutchinson ser. ma. ia. atchason geo. marrow christo . burgh iam. temple walter lloyd morgan tinne robert blowe bussy basset lievtenants . iohn rainsford luke weekins iam. hannam _____ hoare _____ langford tho. haynes william howard ion. newcomin edw. carwardine ensignes . iohn butcherfield ioseph farnes io. kelly _____ corby ben. lee tho. golledge _____ gittings tho. sweeper prue prideaux quarter-master . hum. dix the lord whartons regiment . captains . col. phil. l. wharton liev. col. ier. horton ser. ma. owen parry robert long henry carew iude leigh henry skipwith chr. baily _____ gibbons elias struce lievtenants . ch. holcroft fr. fitshues edw. browne tho. albany william browne william bridges george vsher william emerson anthony masham isaac turney ensignes . _____ blake tho. radford robert hughs roger moore william heydon edw. horton io. garret ier. gardiner rich. bland edw. horton provost marshall . george higham carriage-master . io. broughton the lord rochfords regiment . captains . col. lord rochford liev. c. ed. aldrich ser. m. th. leighton tho. drake george walsh philip ballard benjamin hooke fran. hudson iasper brand geo. willoughby lievtenants . io. norship william shawe edw. deering walter bradley ralph carter edw. melson io. sheppard matth. stoaker humphry dimock miles ashton ensignes . henry newdigate mount sanders ieffery lloyd peter blewin edw. lovell george burrell william williams hen. smith io. bramston quarter-master . miles dobson chaplain . io. page provost marshall . io. burbeck carriage-master . io. poore the lord saint-iohns regiment . captains . col. oliver l. st. iohn liev. col. tho. essex . ser. ma. ed. andrews timo. neale . oliver beecher . jo. harvie . lewis pemberton . tho. miles . jo. hilderson . tho. thorogood . lievtenants . theo. paholigus . will. boughty . william cafie . jos. sears . lyon pilkington . tho. bedealls . edw. carew . rich. more . iohn wood . wendy oxford . ensignes . io. marshall . tho. ioy . edw. gravenor . geo. elliot . lewis mordent . noah neale . hen. tayler . ios. scarbrough . ric. parker . hen. lovell . carriage master . tho. greene . provost marshall . robert lucas . chirurgion william roberts . quarter-master . william walwin . chaplain . iohn vinter . the lord brooks regiment . captains . col. the lord brook liev. col. sir ed. peto s. m. wal. ailworth tho. fitch . io. lilborne . ralph cotsforth . tho. hickman . nicho warren . _____ sambridge . iohn bridges . lievtenants . iohn ashfield . christ . langton . daniel hinton . nich. ling. iohn mattersey . io. morris . roger cotterell . iohn gates _____ wivell . william bridges . ensignes . iohn davis . iohn warren . tho. roberts . william taton . tho. hinde . hum. lyeathcock . io. peto . tho. ginnings . _____ cotton . _____ eggleston . waggon-master . iohn smith . provost marshall . william coleman . chirurgeon . iohn cleare . quarter-master . iohn hunt. the lord mandeviles regiment . captains . col. hen. l. mandevil l. col. io. parkinson . serj. ma. iohn drake fra. wilson . hen. samerster . edw. watts . robert goodwin . robert palmer . dan. redman . osborn williams . lievtenants . _____ turkington . iohn hoskins . roger whetstone . fra. ballard . hen. worth . io. rose . bridges bushell . nich. dibdale . hugh beeston . iames blodwell . ensignes . iasper goodwin . nath. walmsly . tho. davies . io. ramsey . cha. davies . tho. goodwin . math. milbourn . _____ fleming . iohn daily . provost-marshall . iohn turner . chaplain . simon ash . chirurgion . william stannard . carriage-master robert ousby . quarter-master . nich. wood . the lord roberts his regiment . captains . col. iohn . l. roberts . l. col. will. hunter ser. m. alex. hurry . iames witcherly . io. walker . io. mercer . mark grimes . iohn mill . ionath . elliot . iam. fookes . lievtenants . geo. graden . tho. keckwick . rich. baron . walter heys . iohn melvin . tho. turrell . barnard smelomb . iohn spooner . dan. trevor . ensignes . tho. rouse . william hender . alex. tulidaffe . cuthbert farley . ios. normington . iohn skudamore . mark grimes . edw. ienings . ben. groome . iohn merrick . quarter-master . william rawlins . carriage-master . thom. higgins . chirurgion . edw. cooke . provost marshall . hum. franouth . chaplain . d. calibut downing colonell cholmlies regiment . captains . col. sir he. cholmly l. col. launce alured ser. m. th. southcot henry ienkins william bateler henry katcose goddard leigh richard iones robert hunt iohn bury lievtenants . mich. iobson mich. dane william wellin george fulwood io. shanke io. fisher _____ andrewes _____ goodwin smith wilkinson ensignes . hugh philips george rotheram hen. burksley tho. apleby william west barth. burrell herald skrimshaw provost marshall . nicholas garth chaplain . adoniram bifield colonell hollis his regiment . captains . col. denzell hollis l. c. hen. billingsley ser. maj. iam. quarls allen povey william barke richard lacy george harlocke io. francis william burles _____ bennet lievtenants . rich. parker io. court geo. hampson roger noard io. owen tho. lawrence _____ samuel tho. churchman ensigns . ralph walset rawley willis edw. neve tho. cattorill robert willoughby tho. clement alexander payard colonell bamfields regiment . captains . col. willm bamfield l. c. s ro wingfield ser. major . sam. price robert baker richard benson iohn iesop io. minshaw william owen thomas staffarton _____ pawlet lievtenants . io. hart ambr. cade ralph garth tho. durdo thomas latimer hogan rookwood hum. burton albion derickbore hen. wray andrew ball ensignes . samson manaton george wingfield sym. giggins io. rose io. browne william blake richard iackson io. price fr. barker tho. hudson chaplain . freeman quarter-master . chri. allanson provost marshall . richard gay chirurgion . richard searle carriage-master . hen. beecher colonell granthams regiment . captains . col. tho. grantham liev. c. fran. clarke ser. ma. io. holman hen. ashley sir tho. pigot richard gibbs tho. rogers francis grantham george slatford henry blundell lievtenants . francis gay edw. tetlow isaac challys thomas lee steph. deane edw. apseley io. blanden miles hitchcock geo. walter tho. sparrow ensigns . nethermill garrard tho. browne thomas coo george langford io. middleton henry gurney sheldon napper iob throckmorton ben. betsworth tho. blundell quarter master . hen. throckmorton provost marshall . robert gibbons carriage master . io. hopkinson sir william constables regiment . captains . col. sr. w. constable liev. col. rob. grain . ser. m. he. frodsham tho. eure . iam. breckham . io. fenwick . simon needham . ben. cicill . humph. iones . iam. gray . lievtenants . edm. hackluit . io. linch . _____ sumner . io. dugdaile . tho. compton . hen. pownall . tho. best . iacob stringer . _____ courtop . ro. harvie . ensignes . ioseph smith . william knight . william miller . arthur young . _____ lister . arth. pargiter . _____ harecourt . iohn gorge . tho. roe . moses neale . provost marshall . iohn yarner . chirurgion . nath. harris . quarter-master . william bradford . carriage-master . caleb love-ioy . chaplain . william sedgwick colonell ballards regiment . captains . col. tho. ballard . liev. c. fran. martin . ser. ma. wil. lower . tho. middleton . fran. foukes sen . edward allen . edw. primrose . peter momford . io. browne . robert noyes . lievtenants . leon moreton . io. hughes . dan. redman . iohn lookar . fran. fowke jun. fran. bowyler . edw. norbury . robert davies . ensignes . hen. collingwogd william fowles . cha. parker . robert purpell . henry higgins . tho. axstell . io. hardy . edw. wett . william ogee . tho. brandy . william garfoot . quarter-master . iohn lamsdie . waggon-master . iere. burleigh . provost marshall . ben. ludlow . sir villiam fairfax his regiment . captaines . c. sir william fairfax l. col. will. monings ser. maj. iarvis paine . francis rogers . edward ondingsell . thomas rush . michael bland . robert wilshiere . _____ leighton william trunke . lievtenants . david goldsmith . thomas whitney . george tirwhit . iohn caldecott . william france . thomas rutton . francis bland . george gifford . william llewellin . iohn foster . ensignes . iohn read . atwell needham . iohn lloyd . richard adams . richard upton . edward otter . iames sleigh . io. white . theophilus willey . samuel kenarick . quartermaster , thomas tyrer . provost-marshall , henry fisher . chirurgion , iames winter carriage master , henry ward . colonell charles essex his regiment . captaines . coll. charles essex . l. c. adam coningham ser. maj. _____ william roberts . io: ienkins . francis hall . william frederick . iohn haselwood . samuel loftus . sir william essex . lievtenants . francis hall . edward barnewell . iames webb . ralph williams . barth. elliot . walraven hemert . christoph . crow . christoph . chidley . iames burrell . ensignes . io: shipman . leonard hawkins . io: wheeler . io: watkins . traccy smart . io: withers . william stratford . thomas fiz . robert shergall . daniel robinson . richard thornehill . quartermaster , roger wase . provost-marshall , martin benthin . chaplaine , samuel wells . chirurgion , io: browne . colonell john hambden his regiment . captaines . coll. iohn hamb●en , liev. c. wag●taff . ser. maj. will. b●r●●ff . richard ingolde●be . _____ nicholls . _____ arnett . john stiles . _____ raymant . robert farrington . _____ morris . lievtenants . henry isham . a dutchman . _____ shorter . ensignes . edward willet . laurence almot . chaplaine , william spurstow how the number of souldiers in each regiment of foot are divided under their severall captaines . the colonells company 200 the lievtenant collonells company 160 the serjant majors company 140 seven captaines 700 every regiment consists of 1200 besides officers . the names of the counsell of war . sir iohn merick , president . sir william belfore lieutenant-generall of the horse . colonell wardlaw . colonell grantham . sir william constable . philbert emmanuel de boyse , lievtenant generall of the artillery . doctor isaac dorisla , advocate of the army . the list of the troops of horse , under the command of william earle of bedford : each troop consisting of 60 horse , besides two trumpeters , three corporalls , a sadler and a farrier . colonells and their officers . coloneell , william earle of bedford . major chirurgion , hugh ward . colonell , sir william balfore . major , iohn vrrey . chirurgion , iames swright . colonell , bazill lord fielding , major , robert beckill . chirurgion . colonell , lord willoughby of parham . m. c. collonell , sir william waller . major , horatio carew . chirurgion , iames bricknell . colonell , edwin sands . major , alexander douglas . chirurgion , iohn anthony . 1. troop . the l. generals liev. w. ansell cornet , iohn palmer quartermast . 2 c. sir w balfore . l. iohn meldram . c. william jewty . q. 3. c. l. grey , groub : l. sim. matthewes c. tho. barington . q. david madox . 4 c. e. of peterb . l. herb. dlausherd c. will. cheney . q. 5. c. lord say . l. henry atkinson c. john croker q. robert parin . 6 c. lord brooke . l. richard crosse . c. rob. lilbourne . q john okey . 7 c. lord hastings , l. tho. gratwick c. henry ayfluye . q. tho : mesham 8 c. lord saint john l. marmad . couper c. oliver cromwel q. will. wallen 9 c. lord stanford . l. samuell bosa c. cap , ri. bingley q. thomas vaves . 10 c. lord fielding . l. reeve bayley c. tho. brudnell . q william tovey 11 c. lord wharton . l. ralph whistler . c. peter ware . q. nich. battersby 12 c. l. willougby of p. l. hum. brookbank c. tho. hickman . q. 13 c. lord grey l c q. madox 14 c. james sheffeld l. thomas jewks c. rich : maunder q. richard jolly 15 c. sir w : waller l. ric : newdigate c. foulke grevill q. francis grey 16 c. john gunter l. henry strelly c. james godderd . q. edw : pudsey 17 c. william pretty l. mat : ploughman c. miles morgan q nich : smith 18 c. rob : burrell l. john greene c. nathaniel west q. thomas eliot 19 c. francis dowett l. hen : sanderson c. thomas gore q. john otter 20. c. iames temple l. william baker c. carax ling q francis sharpe . 21. c. iohn bird l. samuell bosa c. ambrose rooke q. ionathan finch . 22. c. mathew draper l. c. iohn strelly q. abrah : carter . 23. c. dimock . l. c. q. 24. c. horatio carey l. ionas vandrusihk c. george hutton . q. 25. c. iohn alured . l. c. q. 26. c. iohn neal l. rob : bruse . c. q. 27. c. iohn hamond l. c. william gill q. isack cavaler . 28. c. ed : ayscough l. thomas mosley c. sayer q. clarke . 29. c. alex : pym l. arnold haward c. rich : compton q. ralph romitree 30. c. iohn hotham l. c. q. 31 c. arthur evelin l. c. joh : de la hay c. q. 32 c. geo : thompson l. john coyshe c. john upton q. will : couse 33 c. edwin sandys l. john cockaine c. q. 34 c. anth : milemay l. hen : hatcher c. sam : cosworth q. tho : varnon 35 c. edw : kyghley l. will : cooker c. tho : loftus q. alex : winchester 36 c. nath : fines l. c. q. 37 c. edward berry . l. c. ed ; saunders c. tho : billiard q. hen : woodnoth 38 c. alex : douglas l. c. q. 39 c. tho. lidcott l rob : stradling c. q. 40 c. tho. hamond l. john lindsey c. mi : wanderford q. 41 c. john dulbeir l. will : framton c. h : vanbraham q. jo. downcham 42 c. francis fines l. james moore c. henry fines q. george malten 43 c. s. a. haselwrick l. jervis brakey c. tho : horton q zach : walker 44 c. s. walt : earle l. ed. johnson c. q paul scooler 45 c. john fleming l. robert kirle c. ed : fleming q. b ▪ blackborow 46 c. ar : goodwin l. john browne c. peter palmer q. william jacey 47 c. rich : grenuile l. charls fountain c. john james q. alex : davison 48 c , tho , terrill l , william spry c , ioseph ianes q. ed : throwley , 49 c. john hale l. chenie fuller c. i. midehoope q. michael hale 50 c. h. milmay of g. l. henry gibb c. robert milmay q edmund hadon 51 c. will. balfoore l. c. george west q. 52 c. george austin l. c. q. 53 c. adrian scroope l. william day c , max : vetty q. henry nuby 54 c , herc , langrïsh l , iohn dingley c , i , de la blancheur q. iohn ealsinan 55 c. edw : wingate l. thomas evans c. hen : daldorne , q jo : whitebread 56 c. edw : baynton l. c. q. 57 c. ch : chichester l. john hide c. edward weeks q. richard gourd 58 c. henry ireton l. john de gennis c. samuel clarke q christ : briston 59 c. walter long l. nich : battersby c. coniers cooper q. walt : harcourt 60 c. john fines l. jo : carmichaell c. edw : walley q. will : bugslock 61 c. fr : thompson l. thomas elliot c. vincent corbet q. philip barley 62 c. edmond west l. c. q. 63 c. sir robert pie l. c. q. 64 c. tho : hatcher l. c. q. 65 c. robert vivers l. c. q. 66 c. will : anselme l. c. q. 67 c. oli : cromwell l. cutbert baildon c. jos waterhouse q iohn disbrow 68 c. robert kirle l. ch : fleming c. iames kirle q. iohn ball 69 c. sir will : wray l. c. q. 70 c. william pretty l. ma●h : plowman c. miles morgan q. anth : arundell 71 c. sir ioh : sanders l. will : wardley c. mat●hew pedar q. iohn harding 72 c. tho : temple l. c. q. 73 c , valen: watton l , iarvis bonner c , watton q , obadiah crish 74 sir faith : fortescue l , c , q ▪ 75 c , symon rudgley l , lew : chadwick c , edward fines q , dragooners , each troope consisting of 100 horse , beside ; the officers . 1. colonell , and capt : john brown , major and cap : n●th : gordon sir john browne , captaine . 2 cap : robert mewer . lievt : thomas mewer . c●r : nicholas mewer . 3 cap : william bucham , cap : robert marine . lievt : francis bradbury quartermaster , john blackman , provost-marshall , daniell lyon . 4 cap : sir anthony irby lievt : william patrick . cor : richard le hunt. 5 collonell , james wandlo lievt : george dunlas cap : archibald hambleton cap : alexander nerne cap : john barne cap : james stenchion . chirurgion , james heithley . those officers that are not mentioned in these lists , have not as yet received their commissions , by reason of their suddain imployment in the expedition . finis to the supreme authority, the parliament of the common-wealth of england the humble petition of john poyntz, alias morris. poyntz, john, fl. 1647-1650. this text is an enriched version of the tcp digital transcription a90917 of text r212057 in the english short title catalog (thomason 669.f.15[66]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a90917 wing p3132 thomason 669.f.15[66] estc r212057 99870710 99870710 163139 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a90917) transcribed from: (early english books online ; image set 163139) images scanned from microfilm: (thomason tracts ; 246:669f15[66]) to the supreme authority, the parliament of the common-wealth of england the humble petition of john poyntz, alias morris. poyntz, john, fl. 1647-1650. 1 sheet ([1] p.) s.n., [london : 1650] imprint from wing. in fact, two petitions, the second entitled: to the honorable henry rolls lord chief justice of the upper bench: the humble petition of john poyntz, alias morris. the second petition names john lilburne, john wildman, robert wakeman, and mr. [thomas] fontleroy [i.e fountleroy] to be his representatives in court. annotation on thomason copy: "nouemb. 1650". reproduction of the original in the british library. eng poyntz, john, fl. 1647-1650. lilburne, john, 1614?-1657. wildman, john, -sir, 1621?-1693. wakeman, robert, fl. 1650. fauntleroy, thomas. england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -confiscations and contributions -early works to 1800. a90917 r212057 (thomason 669.f.15[66]). civilwar no to the supreme authority, the parliament of the common-wealth of england: the humble petition of john poyntz, alias morris. poyntz, john 1650 770 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2007-09 elspeth healey sampled and proofread 2007-09 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the supreme authority , the parliament of the common-wealth of england : the humble petition of john poyntz , alics morris . sheweth , that your petitioner having suffered the losse of that estate , unto which he conceiveth he hath a good right , and three years false imprisonment , by the usurped power and tyranny of the late house of lords , and mr browne their late clerk , is now by the subtilty of his adversaries made defendant in the same case in the court of the upper bench , which is to be heard on thursday next , the 21. of this instant november . that your petitioner having found by sad experience , that the professed lawyers have slighted and neglected his case upon all occasions , and , that the most eminent of them have been always retained by his adversaries to the number of 20. or 30. who have over-awed those few that your petitioner hath been able to retain , and now being admitted to sue in forma pauperis ( as they stile it ) he findes the lawyers to slight his case more then before , and that many who have been of his counsel formerly , are now for his adversaries ; and thereupon your petitioner hath petitioned the court of the upper bench , to admit such friends to be heard speak for him , or plead his case , as he should be able to procure , as by the petition hereunto annexed may appear . but the said court have denied your petitioner that common justice , and your petitioners case is like to be lost , through want of that common justice which he hoped he should have enjoy'd without petitioning , seeing that the law of god , of nature , of common reason , and the statute law affords it . he therefore humbly prays , that such friends as he shall procure to speak for him , may have as free and full audience in his case , as any professed lawyers at the barr. and he shall pray , &c. iohn poyntz , alias morris . to the honorable henry rolls lord chief justice of the upper bench : the humble petition of john poyntz , alias morris . sheweth , that your petitioner having bin under great oppression by the tyranny of the late house of lords , and having been a prisoner and in a famishing condition severall years ( as he is at this instant ) in the vpper bench only by their power ; and having a great cause depending before your lordship , hath found by sad experience , that though he hath spent all that he hath upon the professed lawyers and pleaders , yet upon all occasions they have neglected or slighted his cause , and that his adversaries being able to give many and great fees , do retain commonly most of the counsell at your lordships barr , and do over-awe your petitioners counsell . that your petitioner being now very poor , and admitted to sue in forma pauperis , finds that all professed lawyers are now more unwilling to take any pains in his cause then they were formerly . that although it be the known right of every english-man , and suitable to the law of god and nature , that he should either speak or plead before any court of justice in the defence of his own cause : and that any friends of his should speak or plead for him ; yet the professed lawyers assume to themselves the sole priviledg of pleading at your lordships barr. that your petitioner could procure some honest gentlemen that in charity to your petitioner would faithfully plead his case before your honor ; if your petitioner may have that right and justice afforded him , that they may have favourable audience as any of the professed lawyers at your barr. your petitioner therefore humbly prayeth , that such gentlemen as he shall nominate may by your lordships order be admitted to have free and full audience in his case before your honor : he doth humbly propose the gentlemen under-named to be assigned to plead for him , in case he can procure them ; and that any others , whose assistance he can procure , may have the same liberty . and he shall pray , &c. lievt. col. iohn lilburne major iohn wildman mr. robert wakeman mr. fontleroy john poyntz , alias morris . by the king a proclamation concerning the adiournement of the parliament. england and wales. sovereign (1625-1649 : charles i) 1625 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-09 (eebo-tcp phase 1). a22377 stc 8788 estc s122672 33149925 ocm 33149925 28503 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22377) transcribed from: (early english books online ; image set 28503) images scanned from microfilm: (early english books, 1475-1640 ; 1876:48) by the king a proclamation concerning the adiournement of the parliament. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.). by bonham norton, and iohn bill, printers to the kings most excellent maiestie, imprinted at london : anno dom. m.dc.xxv [1625] arms with "c r" at top of sheet; text has historiated initial. "giuen at our court at oatlands, the twelfthth day of iuly, in the first yeere of our reigne of great britaine, france and ireland." reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. plague -england -london -early works to 1800. great britain -history -charles i, 1625-1649. great britain -politics and government -1625-1649. broadsides -london (england) -17th century. 2003-05 tcp assigned for keying and markup 2003-05 spi global keyed and coded from proquest page images 2003-06 mona logarbo sampled and proofread 2003-06 mona logarbo text and markup reviewed and edited 2003-08 pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ¶ a proclamation concerning the adiournement of the parliament . the kings most excellent maiesty , hauing taken into his princely consideration , that the infection of the plague is at this present so generally dispersed and spread abroad , in and about the cities of london and westminster , as that the parliament , late assembled at westminster , could not without manifest perill to the lords spirituall , and temporall and commons there assembled , be continued there , so long as the necessitie of the vrgent and important affaires of his maiestie and the whole realme did require ; hath therefore caused the same to bee adiourned from the citie of westminster , to be holden at the citie of oxford , the first day of august next ▪ and hath thought fit hereby to publish and declare the same to all such , whom it may in any wise concerne ; straitly charging and commanding hereby , as well all the lords spirituall and temporall , as also all and euery the knights , citizens , and burgesses , of all and euery the shires , cities , and boroughs within this realme of england , and all others whom it may concerne , that they and euery of them doe personally appeare at the said citie of oxford , the said first day of august now next ensuing , then and there to proceed in those waighty and vrgent affaires which shall bee there handled , as shall be most expedient for the generall good of his maiestie and his realmes . giuen at our court at oatlands , the twelfth day of iuly , in the first yeere of our reigne of great britaine , france and ireland . god saue the king. ¶ imprinted at london by bonham norton , and iohn bill . printers to the kings most excellent maiestie . anno dom. m.dc.xxv . by the king, a proclamation for the meeting of the parliament england and wales. sovereign (1685-1688 : james ii) 1685 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a46575 wing j354 estc r2477 13070943 ocm 13070943 97126 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a46575) transcribed from: (early english books online ; image set 97126) images scanned from microfilm: (early english books, 1641-1700 ; 742:55) by the king, a proclamation for the meeting of the parliament england and wales. sovereign (1685-1688 : james ii) james ii, king of england, 1633-1701. 1 sheet ([1] p.) ; 30 x 37 cm. printed by the assigns of john bill, deceas'd, and by henry hills, and thomas newcomb ..., london : 1685. broadside. caption title. royal arms (steele 101) at head. "given at our court at whitehall the eleventh day of october, 1685..." reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. broadsides -england -london -17th century 2007-11 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-02 elspeth healey sampled and proofread 2008-02 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion diev et mon droit by the king , a proclamation , for the meeting of the parliament . james r whereas on the second day of july last , we signified our pleasure to both our houses of parliament , that they should be adjourned until the fourth day of august last , and that we did not then intend to make a session , but that the session should be carried on by further adjournments by such members as were about the town , until the winter , unless ●ome emergency happened , which might require their meeting , in which case , or whensoever we should intend a session , we declared we would signifie our further pleasure by our proclamation . and whereas on the fourth day of august last , both our said houses of parliament met at westminster , and according to our royal pleasure then signified to them , were adjourned until munday the ninth day of november next ; on which day we purposing to meet our loving subjects in parliament in order to make a session , and to the end the members of both our houses of parliament may not be ignorant of our intentions and good pleasure herein , we do by this our proclamation , by and with the advice of our council publish and declare the same ; and do hereby will and require all and every the members of both our houses of parliament , unless let and hindered by some lawful cause , to assemble and keep their day at westminster on munday the ninth day of november next , according to the said last adjournment , as they will avoid our royal displeasure . given at our court at whitehall the eleventh day of october 1685. in the first year of our reign . god save the king. london , printed by the assigns of john bill deceas'd : and by henry hills , and thomas newcomb , printers to the kings most excellent majesty . 1685. reasons for the taking off the q--s and r--s in the navy books; together with proposals humbly offered to the honourable house of commons for the expeditious payment of saylors. eccles, william, fl. 1700. 1700 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). b02977 wing e131 estc r226258 51784520 ocm 51784520 174930 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b02977) transcribed from: (early english books online ; image set 174930) images scanned from microfilm: (early english books, 1641-1700 ; 2706:7) reasons for the taking off the q--s and r--s in the navy books; together with proposals humbly offered to the honourable house of commons for the expeditious payment of saylors. eccles, william, fl. 1700. great britain. parliament. house of commons. 1 sheet ([1] p.) s.n., [london? : 1700?] signed at end "william eccles." date and place of publication suggested by wing (2nd ed.). reproduction of original in: bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -royal navy -early works to 1800. sailors -great britain -17th century -pay, allowances, etc. -early works to 1800. broadsides -england -london -17th century 2008-05 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 paul schaffner sampled and proofread 2008-07 paul schaffner text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion reasons for the taking off the q — s and r — s in the navy books ; together with proposals humbly offered to the honourable house of commons for the expeditious payment of saylors . i doubt not but the greivences of saylors , touching q — s and r — s have ( in diverse modes and formes ) been already represented to this honourable house , so that i shall touch very slightly upon the same , i will only add that . first , no q — s nor r — s can be taken off to advantage of the whole , unless they are all taken off in general by act of parliament . for if the matter be referred to be examined , by the admiralty , or navy , or any other person , or persons , the saylors are still in the same condition , being to be judged , by the same judges ; or others , that may be equally prejudiced , or byased , and can have no other remedy then what they have already . secondly , with humble submission i propose , that the taking off all the q — s and r — s in general , will be an encouragement to all saylors , encouragement for all persons to trust them , when in necessity , and will be for the honour and credit , of the nation . and that the saylors may with ease be paid , their creditors satisfyed , and the money due from his majesty in arrears to saylors with ease paid , i with all humillity propose . that tickets be made out ( if there be none made out already ) for the saylors who are q — d and r — d and also for the future , that at any time , or times , when his majesty's fleet shall have ended their summers expedition , and shall put into harbour ; the captain of each ship shall there together with other officers on board , make out tickets for saylors then on board , and also for such dead , discharged , wounded , or sick men set on shore , or sent to hospitals , for their wages respectively due to them ; as also tickets for themselves from time to time , at the end of every respective expedition , and their coming into harbour . that those tickets so made out , or hereafter to be made out , be sent up to lon , don , or else where , ( according to the direction of this honourable house ) to an office , or offices , to be erected for that purpose , where each individual ticket shall receive a stamp , and indorsement , of the vallue of each ticket , with an allowance of interests thereon , ( that these tickets be returned to the parties in whose custody they now are , ) or to the said ship , to whom they belong , and paid to the saylor as ready mony , that an act pass to make the same current as specie , between subject , and subject , and be adjudged a good tender in law for any debt by any persons due , and that these tickets be paid in payments for duties to his majesty , and that a fund be appointed for the taking of them in ; is most humbly proposed , will make the saylors easie , all persons dealing with them happy , the king quiet , the nation out of debt ( in this affaire ) funds thereby will be converted to the use designed ( procure a circulation of mony ) and stop the mouths of abundance of people , who being ready to starve for their money due to them ( their poverty being so pressing ) make continual exclamations and murmors against the government , will bring our saylors home from abroad ; and i hope make this a flourshing and happy kingdom . which is the prayers of your honours most obedient servant , william eccles. a collection of such of the orders heretofore used in chauncery, with such alterations & additions thereunto, as the right honorable the lords commissioners for the great seal of england, by and with the advice and assistance of the honorable the master of the rolls, have thought fit at present (in order to a further reformation now under their lordships consideration) to ordain and publish, for reforming of several abuses in the said court, preventing multiplicity of suits, motions, and unnecessary charge to the suitors, and for their more expeditious and certain course for relief. england and wales. court of chancery. this text is an enriched version of the tcp digital transcription a80116 of text r209283 in the english short title catalog (thomason e1377_4). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 86 kb of xml-encoded text transcribed from 52 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a80116 wing c5195 thomason e1377_4 estc r209283 99858765 99858765 110823 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a80116) transcribed from: (early english books online ; image set 110823) images scanned from microfilm: (thomason tracts ; 180:e1377[4]) a collection of such of the orders heretofore used in chauncery, with such alterations & additions thereunto, as the right honorable the lords commissioners for the great seal of england, by and with the advice and assistance of the honorable the master of the rolls, have thought fit at present (in order to a further reformation now under their lordships consideration) to ordain and publish, for reforming of several abuses in the said court, preventing multiplicity of suits, motions, and unnecessary charge to the suitors, and for their more expeditious and certain course for relief. england and wales. court of chancery. lenthall, william, 1591-1662. keble, richard, fl. 1650. whitlocke, bulstrode, 1605-1675 or 6. 92, [10] p. printed by john macock for francis tyton, and are to be sold at his shop at the three daggers neer the inner-temple, fleetstreet, london : 1649. with an initial imprimatur leaf. marginal notes. signed on p. [93]: b. whitelock c.s.[,] rich. keble c.s.[,] w. lenthall master of the roles. annotation on thomason copy: "nouemb: 7". reproduction of the original in the british library. eng england and wales. -court of chancery -early works to 1800. equity pleading and procedure -england -early works to 1800. law reform -great britain -early works to 1800. a80116 r209283 (thomason e1377_4). civilwar no a collection of such of the orders heretofore used in chauncery,: with such alterations & additions thereunto, as the right honorable the l england and wales. court of chancery. 1649 13401 11 0 0 0 0 0 8 b the rate of 8 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-03 mona logarbo sampled and proofread 2007-03 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a collection of such of the orders heretofore used in chavncery , with such alterations & additions thereunto , as the right honorable the lords commissioners for the great seal of england , by and with the advice and assistance of the honorable the master of the rolls , have thought fit at present ( in order to a further reformation now under their lordships consideration ) to ordain and publish , for reforming of several abuses in the said court , preventing multiplicity of suits , motions , and unnecessary charge to the suitors , and for their more expeditious and certain course for relief . london , printed by john macock for francis tyton , and are to be sold at his shop at the three daggers neer the inner-temple , fleet street . 1649. imprimatur , hen : scobell , cleric . parliament . pleadings . that no councellor do put his hand to any bill , answer , or other pleading , unless it be drawn , or at least perused by himself in the paper-draught , before it be engrossed , ( which they shall do well , for their own discharge , to sign also after perusal . ) and councell are to take care that the same be not stuft with repetitions of deeds , writings , or records in haec verba ; but the effect and substance of so much of them only , as is pertinent and material to be set down , and that in brief terms , without long and needless traverses of points not traversable , tautologies , multiplication of words , or other impertinencies , occasioning needless prolixity , to the end the ancient brevity , and succinctness in bills , and other pleadings , may be restored and observed . much less may councel incert therein any matter meerly criminous or scandalous under the penalty of good costs to be laid on such councel , and payd to the party grieved before such councel be heard in court . pleas & demurrers . forasmuch as the defendant being served with process to answer , may by advice of councel , upon sight of the bill only , be enabled to demur there unto , if there be cause ; or may by like advice be enabled to put in any just plea , which he hath in disability of the person of the plaintiff , or to the jurisdiction of the court : it is therefore ordered , that such demurrer , or such plea in disability , or to the jurisdiction of the court under the hand of councel learned , shall be received and filed , although the defendant do not deliver the same in person , or by commission ; and therefore if the defendant shall pray a commission , and thereby return a demurrer only , or only such plea which shall be afterwards over-ruled , the defendant shall pay five marks costs ; and although it be allowed , the defendant shall have no costs in respect of the plaintiffs needless trouble , occasioned by such commission . no demurrer shall be said to be received , or to be of effect in court , until the same be filed to the bill in the custody of the six clerk , being the plaintiffs attorney . no more shall any bill , answer , or other pleading , be said to be of record , or to be of any effect in court , until the same be filed with such of the six clerks , with whom it ought properly to remain . every demurrer shall express the several causes of demurrer , and shall be determined in open court . and such pleas also as are grounded upon the substance and body of the matter , or extend to the jurisdiction of the court , shall be determined in open court : and for that purpose the defendant is to enter the same with the register , within eight days after the filing thereof ; or in default of such entry made , the same shall be disallowed of course , as put in for delay , & the plaintiff may then take out proces to enforce the defendant to make a better answer , and pay forty shillings costs , and the same shall not afterwards be admitted to be set down or debated , unless ( upon special reason shewed to the court before such proces to make better answer be taken out ) it shall be otherwise ordered by the court . and if any cause of demurrer shall arise , and be insistest on at the debate of the demurrer ( more then is particularly alledged ) yet the defendant shall pay the ordinary costs of over ruling a demurrer , ( which is hereby ordered to be five marks ) if those causes which are particularly alledged be disallowed , although the bill , in respect of that particular , so newly alledged , shall be dismissed by the court . a plea of outlary , if it be in any suit for that duty , touching which , relief is sought by the bill , is insufficient according to the rule of law , and shall be disallowed of course , as put in for delay , and the plaintiff may ( notwithstanding such plea ) take our proces to enforce the defendant to make a better answer , and pay five marks costs ; otherwise a plea of outlary is always a good plea , so long as the outlary remaineth in force , and therefore the defendant shall not be put to set it down with the register : and after the said outlary reversed , the defendant upon a new subpena served on him , and payment unto him of twenty shillings costs , shall answer the same bill , as if such outlary had not been : but if the plaintiff conceive such plea of outlary through mispleading , or otherwise , to be insufficient , he may , upon notice given to the clerk , on the other side set it down with the register to be debated with the rest of the pleas and demurrers in course ; but if the plaintiffe shall not in such case enter it with the register , within eight days after the same shall be filed , the defendant may take out proces against the plaintiff for his ordinary costs of five marks , as if the same had been heard . the dependancy of a former suit for the same matter , is also a good plea , and therefore the defendant shall not be put to set it down with the register . but if the plaintiffe be not satisfied therewith , the same shall be referred to one of the mesters of the court to certifie the truth thereof : and if it shall be determined against the plaintiff , he shall pay to the defendant , five pounds costs . but such reference shall be procured by the plaintiff , and a report thereupon within one moneth after the filing of such plea , otherwise the bill to stand dismissed of course , with the ordinary costs of seven nobles . if after a suit commenced at the common-law , or any other inferiour court , a bill shall be exhibited in this court to be relieved for the same matter , the dependancy of the former suit shall be admitted as a good plea , and the defendant not be put to motions for an election , or dismission : and that plea shall be proceeded in , as in case of a plea of a former suit depending in this court for the same matter . if the demurrer be grounded only upon some error , slip , or mistake in the bill , the plaintiff without motion shall be permitted of course to amend the same , paying to the defendant , or his attorney to his use , twenty shillings costs . but if the plaintiff shall not within eight days after such demurrer put in , amend , or alter it , and pay the costs , then the demurrer shall stand to be determined in court , and if the same be ruled against the plaintiff , he shall pay the ordinary costs for over-ruling a demurrer . if the plaintiffe or his attorney in court shall , within eight days after a demurrer filed , give notice to the defendant , or his attorney in court , under either of their hands , that the plaintiff doth admit the demurrer to be good , and shall pay the defendants attorney , or his clerk in court , fourty shillings costs ; then the defendant shall not need to attend his demurrer : but the bill shall stand dismist of course without motion , unlesse the parties , or their attorneys on both sides shall agree to an amendment of the same , but such dismission is to be no bar to a new bill to be exhibited by the plaintiff . answers . an answer to a matter charged as the defendants own fact , must regularly be without saying to his remembrance , or as he believeth , if it be laid to be done within seven years before , unlesse the court upon exception taken , shall finde special cause to dispence with so positive an answer . and if the defendant deny the fact , he must traverse or deny it ( as the cause requires ) directly , and not by way of negative pregnant . as , if he be charged with the receipt of a summe of money ; he must deny , or traverse that he hath not received that summe , or any part thereof , or else set forth what part he hath received . and if a fact be laid to be done with divers circumstanees , the defendant must not deny or traverse it literally , as it is laid in the bill , but must answer the point of substance positively and certainly . vvhen the defendent hath answered , the plaintiff is to be well advised upon the answer ; and if he shall find that upon the answer alone without further proofe , there be sufficient ground for a finall order or decree , the plaintiff may procure his attorney to present the same in course to be set down , to be heard upon bill and answer , without further lengthning of the cause ; but in case the court shall not find grounds to make a decree or finall order thereupon , the bill shall be dismissed with costs , or the plaintiff admitted to reply if he desire it , first paying down 5. l. costs to the defendent or his clark , which if he shall not do in foure daies after such hearing , then the dismission to stand , and the conclusion of the order upon hearing , is to be penned by the register accordingly , that the said bill stand dismissed without any further order or direction , and then such dismission shall be a good plea in barre of any new bill for the same matter . if a hearing be prayed upon a bill and answer , the answer must be admitted to be true in all points , and no other evidence to be admitted , unlesse it be matter of record , to which the answer refers and is proveable by the record . the plaintiff is therefore to be well advised therein , that the court be not put to an unnecessary trouble , and himselfe to a certaine charge , in bringing his cause to hearing , which will not beare a decree . vvhereas the defendent hath put in an answer , if the plaintiff hath proofs for the matters denied , he is not to insist upon the insufficiency of the answer , if the same be good to a common intent , but proceed to replication and proofe , to avoid charge and expence of time in cavilling with answers . if exceptions be put in to an answer after the terme , the defendent shall not be compelled to stay in towne , to attend the plaintiffs exceptions , but shall have time to answer untill the fourth day of the next terme , unlesse the court shall find speciall cause to hasten it , and shall see order in open court . when a plaintiff excepteth to a defendents answer , he shall set downe his exceptions in writing , and the same terme the answer is filed , or within eight daies after that terme , deliver the same exceptions to the councell , whose hand is to the answer , or to the defendents attorney in court , and if the defendent shall within the times before limited respectively satisfie the plaintiff of the invalidity of those exceptions , or put in a perfect or better answer , and pay xx s. costs , then the plaintiff may reply thereunto . but if the defendent shall faile to do the same , or put in a second insufficient answer , then the plaintiff may get the said answer , or answers referred ; and if the same shall be ruled insufficient , the defendent shall pay forty shillings costs ; and in case the plaintiff shall procure a reference of the answer , and the same be ruled good , the plaintiff shall pay the defendent forty shillings costs . if the first answer be certified insufficient , as aforesaid , the defendent shall pay forty shillings costs , if the answer were put in person ; but if the same came in by commission , the defendent shall pay fifty shillings costs , and no new commission shall be awarded for taking any second answer , unlesse it be by order made in court , and affidavit made of the parties inabilitie to travell , or other good matter to satisfie the court touching that delay , and first paying the costs of such insufficient answer , or by the plaintiffs own assent for the expediting of his cause . if the second answer be reported insufficient unto any of the points formerly certified , ( which are only to be insisted upon without any new exceptions ) the defendent shall pay three pounds costs ; and upon the third answer foure pounds costs ; and upon a fourth answer certified insufficient , he shall pay five pounds costs , and be examined upon interrogatories to the points reported insufficient , and shall be committed till he hath perfectly answered those interrogatories , and payed the costs , in respect of the great vexation and delay which in such case will happen to the plaintiff . if upon perusall of the answer , the plaintiff shall find it will be necessary to make proof of one , or few particulars , then the plaintiff is to reply to those particulars only , and not draw into pleadings and proofs any more , then the points necessary to be proved : and in case upon the hearing it shall appeare that the plaintiff might have had as full relief on bill and answer , the plaintiff shall not only go without costs , but shall pay the defendent good costs , to be assessed by the court , albeit he be relieved upon the merit of his cause , in respect of the defendents needlesse vexation . if a bill be regularly and justly dismist of course , or by order for want of prosecution , no motion shall be admitted for the retainer thereof without a certificate from the defendents atturney in court , that the costs of the dismission are paid , to the end unnecessary charge to the parties by severall motions for one and the same matter may henceforth be avoided . examination of witnesses . in case the parties proceed to examine witnesses , the interrogatories are to be penned with care , that the same be pertinent , and onely to the points necessary to be examined unto : and the witnesses are to be sorted & examined on those interrogatories only that their testimony doth extend unto , without the needlesse interrogatories of matters unnecessary and immateriall , as well to avoid the charge of both parties , plaintiff and defendent , in superfluous examinations , as that apt interrogatories ( which are the life of the cause ) may be exhibited . the examiners ( in whom the court reposeth much confidence ) are themselves in person to be diligent in examination of witnesses , and not intrust the same to meane and inferior clarks ; and are to take care to hold the witnesse to the point interrogated , and not to run into extravagances and matters not pertinent to the question , thereby wasting paper for their own profit , of which the court will expect a strict accompt . the examiners are to take care that they imploy under them in their office , none but persons of known integrity and ability , who shall take an oath not to deliver or make knowne directly or indirectly to the adverse party , or any other save the deponent , who coms to be examined , any of the interrogatories delivered to be examined upon , any examination by him taken or remaining in the examiners office , or extract , copy , or breviate thereof , before publication be thereof passed , and copies thereof taken . and if any such deputy , clerk or person so imployed , shall be found faulty in the premises , he shall be expulsed the office , and the examiner who so imployed him , shall be also answerable to the court for such misdemeanour , and to the party grieved for his costs and damages sustained thereby : and such solicitor or other person , who shall be discovered to have had a hand therein , shall be liable to such censure for the offence , as the court shall find just to inflict upon him . no witnesse shall be examined in court by the examiner , without the privity of the adverse party , or of his attorney or his attorneys clerk , who deales for the adverse party , to whom the person to be examined shall be showed , and a note of his name and place of dwelling delivered in writing , by such as shall produce him , and the examiner is to take care , and be well satisfied that such notice be given , and then shall add to the title of the witnesses examination , the time of such notice given , and the name of the person to whom it is given , and by whom , that at the hearing of the cause , the suitor be not delayed , upon pretence of want of notice . for prevention of perjury and other mischiefs often appearing to the court , the examiner is to examine the deponent to the interrogatories directed seriatim , and not to permit him to read over , or heare read any other of interrogatories , untill that in hand be fully finished , much lesse is he to suffer the deponent to have the interrogatories , and pen his owne depositions , or to depart after he hath heard an interrogatory read over , untill he hath perfected his examination thereunto : and if any witnesse shall refuse so to conform himselfe , the examiner is thereof to give notice to the attorney , or clark of the other side , and to proceed no further in his examination , without the consent of the said attorney or clark , or order made in court to warrant his so doing . in examining of witnesses , the examiner shall not use any idle repetitions , or needlesse circumstances , nor set downe any answer to the questions , to which the examinant cannot depose other then thus , to such an interrogatory this examinant cannot depose . and in case such impertinencies be observed by the court , the examiner is to recompence the charge thereof to the party grieved , as the court shall award . the examiner shall not examine any witnesse , to invalid the credit of any other witnesse , but by speciall order of the court , which is sparingly to be granted : and upon exceptions first put into writing , and filed with the examiner without fee , and notice thereof given to the adverse party or his attorney , together with a true copy of the said exceptions , at the charge of the party so examining . from henceforth the fee taken by the examiner , upon the producing of a witnesse to be examined by him , shall be deducted to the party plaintiff or defendent , who paid the same , when the copies of such witnesses depositions are taken out by him , and such exhibitions whereupon any witnesse is examined , shall be alwaies ●ndorsed and certified by the examiner , at the same time that the witnesse is thereupon examined , and his examination perfected and subscribed . when witnesses are examined in court upon a schedule of interrogatories , there shall be no new interrogatories put in to examine the same witnesses ; nor shall any witnesses be examined in court after the day of publication , though they were sworne before ; so as a copy of the rule or order whereby publication passed , be delivered to the examiner , that he may take notice thereof . if the defendent being served with a subpoena to rejoyne and joyne in commission , shall not upon request by the plaintiffs clark , made to the defendents clark , deliver commissioners names , by the end of that terme , wherein the subpoena ad rejungend . is returnable ; the plaintiff may without motion or petition take the commission ex parte . the plaintiff ought regularly to have the carriage of the commission for examination of witnesses , as often as any is sued forth : but if through the default of him or his commissioners , the same be not executed , he shall pay unto the defendent such reasonable costs , as the defendent shall by oath make appeare , he was put unto by such failer , and shall renew the commission at his owne charge , but the other side shall have the carriage of such new commission . and the like shall be done to the plaintiff , where the defendent for just reason hath obtained the carriage of the commission ; and if through any errour of the clark in making out the said commission , or misnaming the commissioners or parties , or the like , the execution of a commission shall be put off , the party put to charge in attendance of such commission , shall receive his costs to be ascertained by his oath as aforesaid , from him that obtained such commission , and the clark that made out the same , or his superiour the attorney in court , ( who is answerable for him ) shall make restitution thereof to the client and suitor . if both sides joyne in execution of a commission , and the one side produceth and examineth all his witnesses , and the other side doth not , but prayeth a new commission , the same shal not be granted ( unless it be by consent of the parties , or their attornies in court , ) but upon oath of good cause , why he could not then examine all his witnesses . and in case the same be granted , the party praying the same shall bear the reasonable charge of the other side , both of renewing & executing the commission , to be ascertained by oath , and the other side shall be at liberty , to crosse examine the witnesses produced by him that reneweth the commission . but if he shall not onely crosse examine the witnesses of the adverse party , but examine new witnesses , he shall beare his part of the charge . if at the instance of a defendent , a commission to examine witnesses be renewed , either for a default by him or his commissioners , or because he did not examine all his witnesses by the first commission , he shall at his perill examine all his witnesses by such renewed commission , or in court by the returne of such commission without more or further delay , and no more commissions to issue , except for examination beyond the seas , by order in court , or by consent of the attorney . upon the returne of a commission , if the same be executed by both parties , one rule onely shall be given for publication , and if the said commission be not renewed , or another obtainby the plantiff or defendent within that time , then publication shall passe , and no commission shall be afterwards granted or renewed , without speciall order in court . upon the taking out of copies of depositions examined in ●ou●t , o● by commission either by the plaintiff or defendent , no fee shall be taken by the six clarks or the examiner for the copies , either of the plaintiffs or defendents respective interrogatories , save onely the clarks usuall fee for the writing thereof . depositions of witnesses in severall causes , which are meerly crosse causes , ( viz. ) between the same parties , and touching the same matter , may be used at the hearing of both causes ( coming to hearing together ) without any motion or order in that behalf . vvhere either party plaintiff or defendent obtaineth an order to use depositions of vvitnesses taken in another cause , the adverse party may likewise use the same without motion , unlesse he be upon speciall reason shewed to the court , by that party first desiring the same , inhibited by the same order so to do . no motion shall be made in court or by petition , for suppressing of depositions as irregularly taken , untill the six clerks not toward the cause have been first attended with the complaint of the party grieved , and shall certifie the true state of the fact to the court with their opinion : if the attornies or clerks on either side shall not for the ease of their clients agree before them , for which purpose a rule for attendance of the six clerks in such case shall be entred of course with the register , at the desire of the party complaining , which shall warrant their proceedings and certificate to the court . proces . every subpoena to answer shall be served personally , or left at the defendents dwelling house , or place of residence with one of that family , and no clerk of this court shall issue any attachment for not appearing , but on affidavit first made , positive and certaine , of the day and place of such service of the subpoena , and the time of the returne thereof , whereby it shall appeare that such service was made ( if in london , or within twentie miles , foure dayes at the least excluding the day of such service ; and if above twentie miles , then to have been ) eight daies before such attachment entred ; and that such attachment shall not be discharged , but on payment of twenty shillings costs if the service be personall , and ten shillings if otherwise , and so the succeeding proces to be double . every subpoena to make a better answer , shall also contain a clause for payment of the costs ordinary in that behalfe , and the suitor not be put to take out severall writs , nor prosecute severall contempts , as in that case hath been used ; and if upon the service of such subpoena , the costs be not paid , the answer of such defendent shall not be received or filed , unlesse the said costs be also delivered and payed to the plaintiffs clark , together with the said answer , but proces of contempt shall issue in that case , as for want of an answer , at the returne of the said subpoena . a subpoena ducens tecum ( when the defendent confesseth in his answer , the having of any writings materiall to be examined upon , or confest to belong to the plaintiff ) may be taken out by the plaintiff of course without motion , for the defendent to bring them into court , or shew cause , &c. but if the defendent either confesse not the having them in his hands , or makes his title by them , or to them by his answer , he shall be excused from any contempt , although he neither bring them into court , nor shew cause , and if the plaintiff shall notwithstanding prosecute a contempt in that behalfe ( and the case upon the defendent his answer appear to be such ) he shall be thereof discharged , and have his costs . the subpoena ad audiendum judicium shall be served either on the person of the defendent , or left at his dwelling house , where his family then resides : or in case oath be made that he cannot be found to be served personally , and that he hath no certaine dwelling , or is beyond the seas , the court will order the leaving of a subpoena with his attorney in this court to be a sufficient service . all proces of contempt shall be made out into the county , where the party prosecuted is resident , unlesse he shall be then in or about london ; in which case it may be made into the county , where the party then is . and if any person shall be taken upon proces otherwise or irregularly issued , the party so taken first appearing unto , and satisfying the proces which did regularly issue against him , shall be discharged of his contempt , and have his full costs to be taxed of course by the six clerks not towards the cause for such undue or irregular prosecution , from the time that the error first grew without motion or other order . every suitor who prosecuteth a contempt shall do his best endeavour to procure each severall proces to be duly served and executed upon the party prosecuted , and his wilfull default therein appearing to the court , such person offending shall pay unto the party grieved good costs , and lose the benefit of the proces returned without such endeavour . that all attachments in proces shall be discharged upon the defendents payment , or tender to the plaintiffs clerk & refusall of the ordinary costs of the court , & filing his plea , answer or d●mu●rer ( as the case regularly requires ) without any motion in court in that behalfe . and if after such conformity and payment of the costs , ( or tender and refusall thereof ) any further prosecution shall be had of the said contempt , the party prosecuted shall be discharged with his costs . commissions to answer . after a contempt duly prosecuted to an attachment with proclamation returned , no commission shall b● made to answer , nor plea or demurrer admitted , but upon motion in court , and affidavit made of the parties inability to travail , or other good ●atter to satisfie the court touching that delay . the defendent who is served with a subpoena ad respondend . and obtaineth a commission to answer in the country , shall without more words have the same liberty there by to answer , plead , and demur , as he had by the originall proces , if he could have appeared in person . after a commission once obtained to answer , no second commission shall be granted without speciall order of court ; or the plaintiffs owne assent under his hand . and if the time for the defendents answering be inlarged upon affidavit , that he or they cannot answer without fight of writings in the country , or in respect of the length of the bill or the like , which shal not be without speciall order in court , no commission shall be afterwards granted without like speciall order of court , upon good reason shewed to induce the same , or the like assent of the plaintiff . in case where the defendent sits all process of contempt and cannot be found by the serjeant at armes , or makes a rescue , a sequestration shall be granted of the land in question . and if the defendent render not himself within a yeare , then an injunction for the possession , and the profits so sequestred to be delivered over to the plaintiff . injunctions . for that it is agreeable to equity , and the constant practise of this court , that a defendent obtaining a commission to take his answer in the country , should not by that delay or favour of the court , get an advantage against the plaintiff , by proceeding at law in the meane time , it is ordered , that from henceforth every commission to take an answer in the countrey shall containe in it a clause of injunction to stay the defendents suit at law ( if any be ) touching the matter complained of in the bill untill he hath answered the bill , and the court given other order , so as issue were not joyned at law , before the returne of the subpoena served upon the defendent , and in that case to stay judgement for the like time , so that the taking of such commission under seale , shall be a sufficient notice and service of the said injunction , without motion or other trouble to the plaintiff , whereupon for breach to ground an attachment , upon affidavit of a proceeding at law after the commission prayed . no injunction to stay suits at law shall be granted upon priority of suit onely , nor upon the bare surmise of the bill ; but upon the defendents delay or wilfull contempt in not answering , or upon matter confessed in the answer , or matter of record , or writing plainly appearing , or the duty demanded appearing to be very ancient . where a bill comes in after a verdict a law for a debt , an injunction is not to be granted , without depositing the principall money , except there shall , upon hearing both sides , appeare to the court in the defendents answer , or by deed under hand and seale , or other good matter for relief in equity . and an injunction granted in such case , or otherwise upon the merit of the cause or equity appearing to the court , is regularly to stand , untill the hearing of the cause , unlesse the plaintiff delay the cause , in which case he may best be quickned , by dissolving the injunction . for avoiding multiplicity of references heretofore used , and charged to the suitor , it is ordered that where a motion is made for an injunction to stay a suit at law upon allegation of matter of equity confest in the answer , the councell moving the same , shall have that suggestion fair written in his hand , and read or truely open the same to the court : and if the court hold that matter of sufficient weight , will thereupon grant an injunction as is desired , without reference , report or further motion , and then the register is in court to receive the said suggestion so fairly written , and insert the same verbatim in the order for granting the injunction . but if the said suggestion be untrue in the substance thereof , upon construction of the whole answer , and the defendent be prosecuted by the plaintiff for breach of the injunction granted thereupon , he shall be cleare from any contempt in that behalfe and have his costs , and such councell shall justly incurre the displeasure of the court . where an injunction to stay suits is obtained upon a misinformation made to the court , ( as of matter confessed in the defendents answer which in truth is not so confessed , or if confessed in one place , is avoided in another part of the answer , or upon other such like plaine abuse to the court , in that case the party prosecuted with contempt for breach of such injunction shall upon his examination ( the matter appearing as asoresaid ) be discharged of any contempt , although he hath proceeded at law after such injunction granted , and also have his costs taxed for his wrongfull vexation , by the same master to whom the contempt shall be referred without other motion in court , which also shall be done in like cases , where a contempt stands referred to a master of the court , he shall tax costs , and certifie the same in his report to the court , together with his opinion touching the contempt , as well for the prosecutor in case the contempt be confessed or proved , as for the party examined if he be cleared thereof . for avoiding the many motions heretofore frequently made , touching dissolving and continuing injunctions , it is ordered , that when an injunction is granted till answer and further order , if no order be made within fourteen daies , ( after the answer duly filed in court ) for continuance of the injunction , the same shall stand dissolved without further motion upon certificate only of the register . injunctions to quiet possession ( usually granted for preservation of the publike peace , and prevention of force ) shall not be granted before hearing , but upon oath that the plaintiff was in actuall possession at the time of the bill exhibited , ( and not of rents or other things which lie not in manuall occupation : ) and for such possession as the plaintiff himself had at the time of the bill exhibited and three yeares before , but not to be extended further to the possession of such from whom he claimes , or of him and his tenants , much lesse him and his assignes or the like . which injunction shall not be extended to give the plaintiff any other possession then he had at the time when the motion was made . and such injunction in case the plaintiff delay to bring his cause to hearing is also to be dissolved . no injunction to quiet such possession shall extend to hinder the defendents proceedings at law to evict the plaintiff , or from making any lease , or peaceable entry , or single distresse for that end . no possession shall be taken from any person by colour of any such injunction before the cause be heard . and if any be , the court will restore possession and award costs . injunctions against felling of timber , ploughing up of meadow or ancient pastures not ploughed in twenty yeares before , or for maintainance of inclosures that have continued for the better part of twenty yeares shall be granted as usually they have been , but no defendent who by answer claims an estate of inheritance , or other estate dispunishable of wast , shall be thereby restrained , unlesse it be particularly so ordered and mentioned in the said injunction . and upon motion made for such injunction , the case is to be truly opened as it stands in court , and the defendents glaime by his answer if he have answered . when the day is appointed for setting downe causes for the follovving terme , the fix clerks shall present the causes according to their priority in publication , to be set downe in their order , so as the old causes may be first heard and dispatched . and for that purpose with the names of each cause they shall present the time when publication passed , with a short note of the nature of every such cause presented . and accordingly the court will give order for setting them downe , so that puyne causes shall not thrust out those that were ready for hearing before them . provided that no cause be presented the same terme in which publication shall passe . where no councell appears for the defendent at the hearing , and proces appears to have been duely served , the answer of such defendent shall be read , and if the court upon such hearing shall find cause to decree for the plaintiff , yet a day shall regularly be given to the defendent to shew cause against the same , but before he be admitted thereunto , he shall pay downe to the plaintiff or his attorney in court such costs as the court upon that hearing shall assesse , and the order is to be penned by the register accordingly , ( viz. ) it is decreed so and so , &c. unlesse the defendent shall by such a day pay to the plaintiff or his attorney in court costs , and shew good cause to the contrary , and such defendent upon his shewing cause shall first produce a certificate from the plaintiffs attorney in court , that he hath paid the costs or affidavit of tender and refusall thereof . the reasons of the judgement of the court are in such case where the defendent makes default to be by the register shortly inserted in the order , that the defendent may know how to apply his cause without a new hearing , but if the court shall not receive satisfaction thereupon to alter or conforme the decretall order , but that a new hearing shall be requisite , the defendent ( if the court shall confirme their first order upon the second hearing , shall also pay the plaintiff his full costs expended in the suit . if the court upon the hearing of a cause shall give no reliefe to the plaintiff , the defendent shall have costs awarded him in respect of his causlesse vexation . and where a decree is made against a defendent the court will likewise give costs to the plaintiff as there shall be cause . where costs are awarded by the court and the party shall refuse to pay them and be afterwards prosecuted and found in contempt for not paying of them , he shall not be discharged of such his contempt , untill he shall pay the said costs double , over and besides the costs taxed , for the prosecution of the said contempt . where causes are removed by speciall certiorari upon a bill containing matter of equity ; the plaintiff is before he have the certiorari granted , to put in bond to be taken by the register , to prove his suggestions within fourteen daies after the receipt of his writ , which if he shall faile to do , upon certificate from the examiners that no witnesses are examined , or upon a report that the suggestions are not proved , the court wil dismisse the bill with costs , and award a procedendo . decrees . no decree bindeth any man that cometh in bona fide by conveyance before the bill exhibited , and is made no pertie either by bill or order . but where he claimes in trust for such person against whom the decree is made or comes in dependente lite without allowance or privity of the court it is otherwise . no decree shall recite the bill , answer , pleadings or depositions or any of them verbatim , but onely the short state of the matter and the decretall order , and the opinion and judgement of the court . no decree being once under the great seale shall be reversed or altered at the suit of the person against whom the decree is made , or any man claiming in privity , by , from or under him , but by bill of review onely . but in case of mistaking in a decree which is demonstrative , viz. an errour in auditing or numbring , mistaking the date or the like , by the leave of the court the same may be certified without a bill . that all decrees and dismissions pronounced upon hearing the cause in this court be drawne up , signed and enrolled before the first day after the next michaelmas or easter term after the same shall be so pronounced respectively , and not at any time after , without speciall leave of the court . that a short entry and docquet be made in a register book kept by the register of this court , or such clerk as he shall appoint for that purpose of all decrees that are drawne up and enrolled , whereby any lands or lease is decreed or charged with any sum of money , annuity , &c. & of the lands in particular , and the parish , or town and county where the same lie , to the end that any person that hath occasion may resort to that register book , to see whether any decree be made touching such lands , houses , &c. and in case no such entry be made within six moneths after such decree shall be signed by the lords commissioners for the great seal and enrolled , the same shall not prejudice any purchaser , who shall bona fide purchase any estate in such lands , houses , &c. after the time limited for such entry to be made . that the six clerks , and all other clerks of this court doe therefore take care for their client , that such entry be made of all decrees by them drawn up and inrolled by the time before limited , that the client do not suffer through their neglect : and that the register shall take onely the fee of twelve pence for such entry , twelve pence for a certificate , and four pence for a search where no certificate is made . in case of a decree for lands upon oath made , that the same hath been personally served , and is not obeyed , and an attachment is issued under seale for such contempt , the court doth usually grant an injunction for the possession , and upon oath made of the serving thereof upon the party , and that the same is not obeyed , a commission is to be awarded to some of the justices of the peace of that county , to put and keep the plaintiff and his assignes in possession , and in case of resistance , a writ of assistance is to be awarded to the sheriffe for that purpose . where the party is committed , or brought in by a serjeant at arms for breach of a decree , he is not to be inlarged untill he hath performed the decree in all things that are to be presently done , and given security by recognizance with sureties , as the court shall order , to performe the other parts of the decree ( if any be to be performed ) at future dayes and times appointed by the decree . where the party is committed for breach of a decree , or order of court , he ought to be restrained within the fleet , and not permitted to go abroad without speciall license of the court . where a decree is made for rent to be paid out of the land , or a sum of money to be levied out of the profits of lands , there a sequestration of the same lands being in the defendents hands , or of any rent reserved to the defendent out of the same lands may be granted . where causes are dismissed upon full hearing , and the dismission signed and inrolled , such causes are not againe to be retained , nor any new bill admitted , except it be a bill of review , or upon matter of like nature , as in case where a decree is sought to be avoided , and upon like security and allowance of the court . bills of review . to the end that after a decree made the party may be at peace , and multiplicity of suits be avoided , no bill of review shall be admitted , except it containe either error in law appearing in the body of the decree , without either averment , or further examination of matters in fact , or upon new matter discovered in time after the decree made , and whereof the party could not have had advantage before ; and upon such bill of review no witnesses shall be examined to any matters which were or might have been examined unto upon the former bill ; but upon oath made of such new matter discovered as aforesaid , a bill of review may be exhibited by leave of the court and not otherwise . no bill of review shall be admitted , nor any other bill to change matters decreed , except the decree be first obeyed and performed : but if any act be decreed to be done , which extinguisheth the parties right at common law , as making of assurance or release , acknowledging satisfaction , cancelling bonds or evidences , and the like , or where the error is apparent in the body of the decree , as aforesaid , the court upon motion may dispense with the actuall performance of that part of the decree till the bill of review be determined . no bill of review shall be allowed , except the party that prefers it ( giving notice to the defendent therein ) do first enter into a recognizance with sureties before some master of the court in ordinary , of a fit penalty in relation to the matter decreed for the satisfaction of the costs and damages if the bill of review be dismissed . contempts . vvhere a contempt is prosecuted against any man he shall not be put to move the court as formerly hath been used , either for interrogatories to be exhibited , or for reference of his examinations and discharge being examined . but where any person shall be brought in by proces or shall appeare gratis to be examined upon a contempt , he shall give notice of such his appearance to the attorney or clerk of the other side : and if within eight daies after such appearance and notice given interrogatories shall not be exhibited whereon to examine him ; or if being examined , no reference shall be procured of his examination , nor commission taken out by the other side , nor witnesses examined in court to prove the contempt within one moneth after such examination , then the party so examined shall be discharged of his contempt without further motion , and may attend any one of the masters of the court for the taxing of his costs , which the master is to tax without further order , and that taxation being entred in the register the party may proceed for the same of course , as in like cases of costs taxed . if after appearance and interrogatories exhibited as aforesaid , the party appearing shall depart before he be examined ( without leave of the court ) he is upon motion and certificate from the register , and of such his departing and not being examined , and of the interrogatories exhibited from the examiner , to stand committed without further day given unto him , and is not to be discharged from such his contempt untill he hath been examined and been cleared of his contempt . and if he shall upon his examinations or by proofs be found in contempt , he shall cleare such his contempt and pay the prosecutor his costs , before he be discharged of his imprisonment . and although he be cleared of his said contempt yet he shall have no costs , in respect of his disobedience in not being examined without the prosecutors trouble and charges in moving the court as aforesaid . in case of prosecution of a contempt for breach of an orderof the court or otherwise grounded upon an affidavit , the interrogatories shall not be extended to any other matter then what is comprehended in the said affidavit or order . and if any other shall be exhibited , the party examined may for that reason demurre unto them , or refuse to answer them . where the party prosecuted upon a contempt hath denied it , or the same doth not clearly appeare by his examinations , the prosecutor may take out a commission of course to prove the contempt , and in such case the party prosecuted may name one commissioner to be present at the execution of the commission , and may henceforth ( notwithstanding the former usage to the contrary ) crosse examine the witnesses produced against him , to prove the contempt , but is not to examine any witnesses on his part , unlesse he shall satisfie the court touching some matter of fact necessary to be proved for clearing the truth . in which case the court if there be cause will give leave to him to examine witnesses to such particular points set down , and the otherside may crosse examine such witnesses . but the interrogatories on both sides are to be included in the commission . where a contempt is prosecuted against one who by reason of age , sicknesse or other cause is not able to travaile , or in case the same be against many persons who are servants or workmen and live far off : the court will upon motion and affidavit thereof , grant a commission to examine them in the countrey ▪ which commission shall be sued out and executed at the charge of the person or persons desiring it , directed to such indifferent commissioners as the prosecutor of the contempt shall name ( as in other cases ) and one commissioner onely at the nomination of the party prosecuted as aforesaid . which commission shall be executed at such convenient time and place , as the six clerks not towards the cause upon hearing the clerks on both sides shall set downe . upon every examination or proof of a contempt referred to any of the masters of the court , to certifie whether the contempt be confessed or proved or not : the master in his certificate thereof made to the court shall likewise assesse and certifie the costs to either party , as there shall be cause without other order or motion made for that purpose . commitment . the court being tender of the liberty of mens persons , and to avoid their imprisonment upon malicious affidavits , which are often made by one mean and ignorant person , and which hath heretofore by the course of the court drawn on a commitment , doth order , that from henceforth where oath shall be made of misdemeanour in beating or abusing the party upon serving of the proces or orders of the court , the party offending is to stand committed upon motion , and no examination is in that case to be admitted . and where affidavit shall be made by two persons , of scandalous or contemptuous words against the court or the proces thereof , the party offending shall likewise stand committed upon motion without any further examination . and a single affidavit in such case shall be sufficient to ground an attachment , whereupon such person shall be brought in to be examined . and if the misdemeanour shall be confessed , or proved against him , he shall stand committed until he satisfie the court touching his said misdemeanour , & pay the prosecutor his costs : and if he shall not be thereof found guilty , save by the oath of the party who made such affidavit , he shall be discharged , but without any costs , in respect of the oath made against him , as aforesaid . that no order whatsoever , except decretal or final orders upon hearing be received to be entred after the space of eight days , to be reckoned from the day of the order pronounced exclusivè : and if the party on whose behalf the motion is made do not prosecute the drawing up of the order within 4. days , the register is to do the same according to his notes at the instance of the adverse party . masters . the masters are not upon the importunity of councel ( how eminent soever ) or their clyents , to return special certificates to the court , unless they are required by the court so to do , or that their own judgment in respect of difficulty leadeth them unto it . such kinde of certificates for the most part occasioning a needless trouble , rather then ease to the court , and certain expence to the suitor . their certificates and reports are to be drawn as succinctly as may be ( preserving the matter clearly for the judgement of the court ) and without recital of the several points of the orders of reference ( which do sufficiently appear by the orders themselves ) or the several debates of councel before them ; unless that in cases where they are doubtfull , they shortly represent to the court , the reasons which induce them so to be . the masters of the court are to take notice , that when the court requires to be satisfied from them touching any matter alledged to be confessed , or set forth in the defendants answer ; it is intended that without further order they should take consideration of the whole answer or answers of the defendant , and certifie not only whether the matter be so confessed or set forth , but also any other matter , avoiding that confession , or ballancing the same , that the court may receive a clear and true information . the masters in taking affidavits , and administring of oaths in cases duly presented unto them , are to be circumspect and wary that the same be reverendly and knowingly given and taken , and are therefore to administer the same themselves to the party , and where they discern him rash , or ignorant , to give him some conscionable admonition of his duty , and be sure he understand the matter contained in his affidavit , and read the same over , or hear it read in his presence , and subscribe his name or mark thereunto before the same be certified by the master , who is not to receive or certifie any affidavit , unless the same be fairly and legibly written without blotting , or interlineation of any word of substance . in all matters referred to the masters of the court , their certificate ( not being to ground a decree ) if it be positive is to stand , and proces may be taken out to enforce performance thereof without further motion , unless the adverse party upon notice given ( to his attorney or clerk in court ) that such report is filed against him , shall within eight days after such notice ( if it be given in term , or whiles the general seals for motions are held , or within four days in the next term , if it be given after ) obtain some order in court to controle or suspend the same . and in case of an insufficient answer certified by the masters , the plaintiff may immediately take out proces against the defendant for his costs , and to make a better answer as hath been formerly used . where after certificate or report made by the masters of the court , either party shall appeal from the same , to the judgement of the court , he shall first file his exceptions thereunto briefly , with the register and deposite with him , fourty shillings to be paid to the other party for his costs , if he prevail not in such appeal . and then the register shall enter such causes of appeal in a paper in order as they are brought unto him to be determined by the court in course upon days of motions , and notice thereof to be given by the party appealing , to the clerk of the other side . and also the registers paper to be set up in the office two days before . and if the court shall not alter the masters report , then the fourty shillings deposited to be paid to the party defending the same , with such increase as the court shall finde cause to impose , otherwise to be restored to the party appealing , and both without charge . petitions . no injunction for stay of suit at law shall be granted , revived , dissolved , or staid upon petition . nor any injunction of any other nature shall pass by order upon petition , without notice and a copy of the petition first given to the other side , and the petition filed with the register , and the order entered . no sequestration , dismission , retainers upon dismissions or final orders , are to be granted upon petition . no former order made in court is to be altered , or explained upon a petition ; no commitment of any person taken upon proces of contempt to be discharged by order made upon petition , unless in the vacation , and upon hearing the adverse party his attorney or clerk in court . no commissions for examinations of witnesses , shall be awarded or discharged , nor examinations suppressed upon petition , except it be upon point of the course of the court first referred to the six clerks not towards the cause and certificate thereupon . paupers . after an admittance in forma pauperis , no fee , profit , or reward shall be taken of such party admitted , by any councellor or attorney for the dispatch of the paupers business , during the time it shall depend in court , and he continued in forma pauperis ; nor any contract , nor agreement be made for any recompence , or reward afterwards . and if any person offending herein shall be discovered to the court , he shall undergo the displeasure of the court , and such further punishment as the court shall think fit to inflict upon him , and the party admitted , who shall give any such fee or reward , or make any such contract , or agreement , shall be from thenceforth dispaupered , and not be afterwards admitted again in that suit to prosecute in forma pauperis . if it shall be made appear to the court , that any person prosecuting in forma pauperis , hath sold or contracted for the benefit of the suit , or any part thereof whiles the same depends , such cause shall be from thenceforth totally dismissed the court , and never again retained . such councel , or attorney as shall be assigned by the court to assist the person admitted in forma pauperis , either to prosecute or defend , may not refuse so to do , unless they satisfie the lords commissioners , or master of the rolles who granted the admittance , with some good reason of their forbearance . that councellor who shall move any thing to the court , on the behalf of a person admitted in forma pauperis , ought to have the order of admittance with him , and first to move the same , before any other motion . and if the register shall finde that such person was not admitted in forma pauperis , he shall not draw up any order upon the second motion made by any such councel , but he shall lose the fruit of such second motion in respect of his abuse to the court . no proces of contempt shall be made forth and sent to the great seal at the suit of any person prosecuting as plaintiff in forma pauperis , untill it be signed by the six clerk who deals for him , and the six clerks are to take care , that the such proces be not taken out needlesly , or for vexation , but upon just and good cause , as they will answer it to the court , if the contrary shall appear . and lastly ; it is ordered , that all masters of the court of chancery , councellors , and all officers , ministers , clerks , and solicitors in the said court , do observe these orders , which are to continue until upon further consideration and experience , any alterations shall be thought fit to be made therein . b. whitelocke c. s. rich. keble c. s. w. lenthall master of the roles . an alphabetical table . a   fol. reg. answer to matter of fact . 15 10 time to answer exceptions . 19 14 time to deliver exceptions to an answer . ib. 15 further insufficient answers , and costs for them . 21 16 appeals from masters reports . 85 93 b   fol. reg. svccinctness in bills . 5 1 certiorari bill . 61 63 bills of review . 69 76 not to be admitted till obedience , except in particular cases , 70 77 and upon security . 71 78 c   fol. reg. causes to be set down according to priority of publication . 57 58 commission to answer gives liberty to plead and demur also . 45 45 commission to answer to contain an injunction . 48 48 not to be granted after attach cum procl. 45 44 in what case a second commission to answer . 46 46 carriage of a commission to examine . 32 29 commission ex parte when ib. 28 new commissions , and how 34 30 new commission through the defendants default . 35 31 commitment for misdemeanors on service . 78 85 for scandalous , and contemptuous words against the court . 79 86 contempts .   fol. reg. proces of contempt into the proper county . 42 41 endeavour to be used in serving it . 43 42 to be discharged on payment of the costs , or on tender and refusall . 44 43 appearance on contempts . 72 79 departure without b●ing examined . 73 80 in what case a commission shall be to examine contemners . 76 83 commission to prove a contempt of course . 75 81 contemners , when to be discharged . 66 72 when restrained . 67 73 costs for insufficient answer . 19 15 for further insufficient answer . 21 16 masters to tax costs on contempts of course . 78 84 costs to be given on hearing 60 61 contemner to pay the costs double . ib. 62 d   fol. reg. decrees , who is bound by them , and who not . 62 64 to be drawn briefly . ib. 65 not to be altered but by bill of review , 63 66 save in mistakes demonstrative . ib , 67 when to be enrolled . ib. 68 an entry to be made of the lands &c. 64 69 clarks to take care it be done . 65 70 prosecution of decrees for lands . ib. 71 for money out of lands . 67 74 default at hearing . 58 59 demurrer to put in without personal attendance or charge of commission . 7 2 demurrers to express the causes . 9 4 demurrer upon a slip or mistake . 14 9 no demurrer after attach cum proc . 45 44 demurrer being admitted the bill to be dismissed of course . 14 6 depositions in cross causes . 37 34 depositions in another cause . ib. 35 depositions to be suppressed , and how . ib. 36 dismission for non-prosecution not to be retained till costs paid . 23 18 dismissions on hearing . 68 75 e   fol. reg. time to answer exceptions . 19 14 time for exceptions to be delivered . ib. 15 examiners duty . 25 20 to have care of their clerks , and be answerable for them . ib. 21 examiner to avoid impertinences . 29 24 no examination after publication . 31 27 h   fol. reg. hearing on bill and answer . 17 11 what evidence admitted . 18 12 default at hearings . 58 59 reasons to be expressed in the order . 59 60 costs to be given on hearing , 60 61 i   fol. reg. interrogatories to be pertinent . 24 19 no new interrogatories for the same witnesses ▪ 31 27 no fees for the copies of the parties own interrogatories , save for writing . 36 33 interrogatories not to exceed the affidavit . 75 81 injunction contained in a commission to answer 48 48 grounds for injunctions to stay suits . 49 49 injunction on bills after verdict , 50 50 injunctions on the matter without reference . 51 51 injunctions on mis-information . 52 52 injunctions to be dissolved without motion , and in what cases . 53 53 injunctions to quiet possession . 54 54 not to hinder suits , lease , entry , or distress . 55 55 not to extend to take away possession ib. 56 injunct . for timber , ploughing &c. 56 57 o   fol. reg. oaths reverendly to be administred and taken . 83 91 orders to be entered in eight days . 80 87 p   fol. reg. paupers not to pay fees , 88 98 nor to contract for the benefit of his suit. 89 99 councel and attorney assigned to do their duty . 90 100 motions for them to be first made . ib. 101 proces of contempt for them to be first signed by the six clerk . 91 102 no pleadings to be of effect till filed . 8 3 pleadings to be succinct . 5 1 pleas to be put in without personal attendance or commission . 7 2 pleas on the matter , or to the jurisdiction . 9 4 plea of outlawry . 10 5 plea of a former suit depending . 12 6 plea of a suit depending in another court . 13 7 petitions . no injunction to be granted by petition . 86 64 nor sequestration , dismission , retainers upon dismissions , or final orders . 87 95 nor order altered or explained , nor commitment discharged . ib. 96 no commissions for examination of witnesses to be awarded or discharged , nor examinations suppressed by petition . 88 97 proofs to be only of matters necessary . 22 17 one rule for publication on a joynt commission . 36 32 r   fol. reg. plaintiff to reply , if answer good to common intent . 19 13 reports of masters not to be special without order . 81 88 nor prolix . ib. 89 to be upon the whole answer . 82 90 reports that are positive . 84 92 s   fol. reg. service of a subpoena to answer . 39 37 subpoena for better answer and costs in one . 40 38 subpoena ducens tecum to be sued out of course . 41 39 service of a subpoena ad audiend. . judicium . 42 40 sequestration on non est invent . 47 47 w   fol. reg. no witness to be exaamined without notice , &c. 27 22 witnesses to be examined to interr . seriatim . 28 23 examination to the credit of a witness , and how . 30 25 fee for examining a witness to be deducted . ib. 26 finis . notes, typically marginal, from the original text notes for div a80116e-200 1. suecinctness in bills and pleadings 2. what pleas or demurers may be put in without personal attendance , or charge of commission . 3. no pleadings to be of effect till filed . 4. demurers and pleas on the 〈◊〉 matter , or to the jurisdiction . 5. plea of outlary . 6. plea of a former suit depending 7. plea of a suit depending in another court . 8. demurrer upon a flip or mistake 9. demurrer being admitted the bill to be dismissed of course . 10. answer to matter of fact . 11. hearing on bill & answer with caution . 12. at hearing on bill and answer , what evidence . 13. plaintiff to reply , if the answer good to a common intent . 14. time to answer exceptions . 15. time for exceptions to be delivered , and costs for insufficient answers . 16. further insufficient answers , and the costs for them . 17. proofs to be only of matters necessary . 18. bill dismissed for want of prosecution , not to be retained till the costs paid . 19. interrogatories to be pertinent . 20. examiners duty . 21. to have care of their clarks and be answerable for them . 22. notice of a witnesse to be examined . 23. witnesses to be examined to interrogatories seriatim . 24. examiner to avoid impertinencies . 25. examination to the credit of a witnesse , and how . 26. fee for examining a witnesse to be deducted . 27. no new interrogatories for the same witnesse , nor examination after publication . 28. commission exparte when . 29. carriage of commissions to examine . 30. new commission and how . 31. new commission through defendents default . 32. one rule on a joynt commission . 33. no fees for the copies of the parties own interrogatories , save for writing . 34. depositions in crosse causes . depositions in another cause . 36. depositions to be suppressed and how . 37. service of a subpoena ad respondend . 38. subpoena for better answer and costs in one . 39. subpoena duc . tec . to be sued out of course . 40. service of a subpoena ad audiend. . judicium . 41. proces of contempt into the proper county . 42. endeavour to be used in serving it . 43. to be discharged on payment of the costs , or upon tender and refusall . 44. after att. cum procl. no commission , nor plea , or demurrer . 45. commission to answer gives liberty to plead and d●murre also . 46. in what case a second com. to answer . 47. sequestration upon non invent . or rescue . 48. commission to answer to contain an injunction . 49. grounds for injunctions to stay suits . 50. injunction on bills after verdict . 51. injunctions on the matter without reference . 52. injunction on misinformation . 53. injunctions to be dissolved without motion and in what cases . 54. injunctions to quiet possession . 55. not to hinder suits , lease , entry or distresse . 56. not extend to take away a possession . 57. injunctions for timber , ploughing . &c. 58. causes to be set down according to priority of publication . 59. default at hearing . 60. reasons to be expressed in the order . 61. costs to be given on hearing . 62. contemner to pay the costs double . 63. certiorari bill . 64. who is bound and who not . 65. to be drawne briefly . 66. not to be altered but by bill of review . 67. save in mistakes demonstrative . 68. when to be enrolled . 69. an entry to be made of the lands &c. 70. clerks to take care it be done . 71. prosecution of a decree for lands . 72. contemner when to be discharged . 73. when restrained . 74. decree for money out of land . 75. dismission on hearings . 76. grounds of bill of review . 77. not admitted till obedience , except in particular cases . 78. and upon security . 79. appearance on contempts . 80. departure without being examined . 81. interrogatories not to exceed the affidavit . 82. commission to prove it of course . 83. in what cases a com. shall be to examine contemners . 84. master to tax costs of course . 85. on misdemeanour on service . 86. for scandalous and contemptuous words against the court . 87. orders to be entred in eight daies . 88. reports not to be special without order . 89. nor prolix . 90. to be upon the whole answer . 91. oaths revertndly to be administred . and taken 92. reports positive . 93. appeals from them 94. no injunction to be granted on petition . 95. nor sequestration , dismission , retainer , nor final order . 96. nor order altered or explained , nor commitment discharged . 97. no commissions to examine witnesses to be awarded , or discharged nor examinations suppressed by petition . 98. not to pay fees . 99. no● to contract for the benefit of the suit. 100. councel and attorney assigned to do their duty . 101. motions for them to be first made . 102. proces of contempt for them to be first signed by the six clerk . 103. for a finall answer to your proposition of the 13. of this instant concerning delinquents, &c. his majestie will consent, that all persons who have had any hand in the plotting, designing, or assisting the rebellion of ireland, shall expect no pardon, as exprest in the first branch of this proposition. ... england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a78788 of text r211008 in the english short title catalog (thomason 669.f.13[29]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a78788 wing c2311 thomason 669.f.13[29] estc r211008 99869750 99869750 162924 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78788) transcribed from: (early english books online ; image set 162924) images scanned from microfilm: (thomason tracts ; 246:669f13[29]) for a finall answer to your proposition of the 13. of this instant concerning delinquents, &c. his majestie will consent, that all persons who have had any hand in the plotting, designing, or assisting the rebellion of ireland, shall expect no pardon, as exprest in the first branch of this proposition. ... england and wales. sovereign (1625-1649 : charles i) 1 sheet ([1] p.) printed for richard royston, [london] : 1648. title from first lines of text. with engraving of royal seal at head of document. dated at end: tuseday, october 17. 1648. place of publication from wing. the king consents to no pardon for the instigators of the irish rebellion. for other persons in the first branch, they should be allowed to compound at a moderate rate, but may be debarred from office or court. others to pay a moderated composition and be debarred from sitting for three years. dated: tuesday, october 17. 1648. the king claims: 1) to be put in a position of honour, freedom and safety; 2) his lands and revenues; 3) composition for the court of wards, etc.; 4) an act of oblivion -cf. steele. annotation on thomason copy: "8ber [i.e october] ye 26th". reproduction of the original in the british library. eng charles -i, -king of england, 1600-1649 -early works to 1800. england and wales. -parliament -early works to 1800. ireland -history -1625-1649 -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a78788 r211008 (thomason 669.f.13[29]). civilwar no charles r. for a finall answer to your proposition of the 13. of this instant concerning delinquents, &c. his majestie will consent, that al england and wales. sovereign 1648 422 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 paul schaffner sampled and proofread 2008-07 paul schaffner text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense diev et mon droit charles r. for a finall answer to your proposition of the 13. of this instant concerning delinquents , &c. his majestie will consent , that all persons who have had any hand in the plotting , designing , or assisting the rebellion of ireland , shall expect no pardon , as is exprest in the first branch of this proposition . as to all the rest of the propositions , his majesty cannot consent thereunto , as is proposed , otherwise then is here afterwards expressed , viz. as for all other persons comprised in the said first branch , his majestie for satisfaction of his two houses will give way , that they may moderately compound for their estates , and desires they may be admitted to the same . and for removing of distrust , and interruptions of the publique settlement , his majestie will consent as followeth . that such of them as the two houses , of parliament will insist on shall not be admitted to his councels , and be restrained from comming to the court , at such distance , as both houses shall thinke fit , and shall not have any office and employment in the common-wealth , without the consent of both houses of parliament , or shall absent themselves out of the kingdome for some time , if both houses of parliament shall thinke fit . that all other persons in this proposition shall submit to a moderate composition , and for the space of three years shall not fit , or serve as members , or assistants in either house of parliament , without consent of both houses of parliament . tuseday , october 17. 1648. his majesties propositions . 1. that his majesty be put into a condition of honour , freedome and safety . 2. that safely he may be restored to his lands , and revenues . 3. that he may have composition for the court of vvards , and such of his revenues , as he shall part with . 4. that there may be an act of oblivion and indempnity . mr. vines gave in a paper in answer to his majesties , to satisfie his majesties conscience touching bishops : then the commons delivered a paper , desiring a more satisfactory answer to the businesse of the church . printed for richard royston , 1648. the town of new-castle upon tine having elected sir william blacket, baronet; and sir ralph carr, knight. their burgesses, in the late parliament, dissolved by his majesties proclamation, bearing date the 18th. day of january 1680. sir william blacket had the honour of dying in that service, upon which the said town unanimously chose their present mayor nathaniel johnson esq; who accordingly this last session of parliament gave his attendance at westminster, and had the honour of knighthood conferred on him by his majesty. sir nathaniel's residence being at present in london, the said town of new-castle sent him the following letter newcastle upon tyne (england). town council. 1681 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a63015 wing t1977a estc r213560 99825913 99825913 30305 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a63015) transcribed from: (early english books online ; image set 30305) images scanned from microfilm: (early english books, 1641-1700 ; 2100:15) the town of new-castle upon tine having elected sir william blacket, baronet; and sir ralph carr, knight. their burgesses, in the late parliament, dissolved by his majesties proclamation, bearing date the 18th. day of january 1680. sir william blacket had the honour of dying in that service, upon which the said town unanimously chose their present mayor nathaniel johnson esq; who accordingly this last session of parliament gave his attendance at westminster, and had the honour of knighthood conferred on him by his majesty. sir nathaniel's residence being at present in london, the said town of new-castle sent him the following letter newcastle upon tyne (england). town council. maddison, henry. aut johnson, nathaniel, sir, d. 1712. 1 sheet ([1] p.) s.n., [london : 1681] signed and dated: new-castle 22d. january 1680 [i.e. 1681]. henry maddison, deputy mayor [and 6 others]. year given according to lady day dating. imprint from wing. reproduction of the original in the harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng carr, ralph, -sir, 1633 or 4-1709. blackett, william, -sir, ca. 1620-1680. england and wales. -parliament. -house of commons -history, (17th century) -early works to 1800. newcastle upon tyne (england) -history, (17th century) -early works to 1800. 2008-01 tcp assigned for keying and markup 2008-02 spi global keyed and coded from proquest page images 2008-03 john pas sampled and proofread 2008-03 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the town of new-castle upon tine having elected sir william blacket , baronet ; and sir ralph carr , knight . their burgesses , in the late parliament , dissolved by his majesties proclamation , bearing date the 18th . day of january 1680. sir william blacket had the honour of dying in that service , upon which the said town unanimously chose their present mayor nathaniel johnson esq ; who accordingly this last session of parliament gave his attendance at westminster , and had the honour of knighthood conferred on him by his majesty . sir nathaniel's residence being at present in london , the said town of new-castle sent him the following letter . sir , we receiving an account from several hands of his majesties declaration in councel , to dissolve this present parliament ( and call another in march next ) had a general meeting this morning of the aldermen , who came to this resolution as an acknowledgment of the good service you have done the corporation , to make it our request to you and sir ralph carr , that you would please to continue our representatives , and our service and endeavours shall be used herein , which we hope will be a means to preserve unity in this place , and avoid the great disorders formerly committed in these affairs , and doubt not but the same will produce an unanimous election ; so desiring your ready compliance herein , and your answer to , sir , your humble servants , henry maddison , deputy mayor . timothy davison . ralph jennison . robert roddam . nicholas fenwick . george morton . joseph bonner sheriffe . new-castle 22d . january 1680. the declaration of lieutenant-generall cromwell concerning his present design and engagement against col. poyer and his adherents in south wales, and his resolution and protestation thereupon. delivered at the head of each regiment upon munday last, being the 8. of this instant may, at a randezvouz neer the city of gloucester. and the souldiers resolution touching the lieutenant generall, and collonel poyer.. [sic] also, very sad newes from the isle of vvight, concerning the kings majesty. may 9. 1648. imprimatur gilb. mabbott. hancock, john, of gloucester. this text is an enriched version of the tcp digital transcription a80888 of text r204902 in the english short title catalog (thomason e441_16). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 9 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a80888 wing c7058 thomason e441_16 estc r204902 99864351 99864351 161674 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a80888) transcribed from: (early english books online ; image set 161674) images scanned from microfilm: (thomason tracts ; 69:e441[16]) the declaration of lieutenant-generall cromwell concerning his present design and engagement against col. poyer and his adherents in south wales, and his resolution and protestation thereupon. delivered at the head of each regiment upon munday last, being the 8. of this instant may, at a randezvouz neer the city of gloucester. and the souldiers resolution touching the lieutenant generall, and collonel poyer.. [sic] also, very sad newes from the isle of vvight, concerning the kings majesty. may 9. 1648. imprimatur gilb. mabbott. hancock, john, of gloucester. s. j. f. w. [2], 1, [5] p. printed for g. wharton, london : 1648. consists not of cromwell's speech, but of four letters describing the movements of cromwell's and royalist forces. the first is dated and signed: gloucester 8 may 1648. john hancock. the second ends vale, vale. the third is signed: s.j. the fourth dated and signed: newport 8. may 1648. f.w. imperfect: staining. reproduction of the original in the british library. eng cromwell, thomas, 1599-1658 -early works to 1800. poyer, john, d. 1649 -early works to 1800. england and wales. -army -early works to 1800. great britain -history -civil war, 1642-1649 -campaigns -early works to 1800. a80888 r204902 (thomason e441_16). civilwar no the declaration of lieutenant-generall cromwell: concerning his present design and engagement against col. poyer and his adherents in south hancock, john, of gloucester. 1648 1459 4 0 0 0 0 0 27 c the rate of 27 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-08 paul schaffner sampled and proofread 2008-08 paul schaffner text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the declaration of lieutenant-generall cromwell concerning his present design and engagement against col. poyer and his adherents in south wales , and his resolution and protestation thereupon . delivered at the head of each regiment upon munday last ▪ being the 8. of this instant may , at a randezvouz neer the city of glouce●●er . and the souldiers resolution touching the lieutenant generall , and collonel poyer . also , very sad newes from the isle of vvight , concerning the kings majesty . may 9. 1648. imprimatur gilb. mabbott . london , printed for g. wharton , 1648. a declaration of lieutenant-generall cromwell delivered at the head of each regiment upon munday last being the 8. of this instant may , at a randezvouz neere the city of gloucester . honoured sir , your last , dated the 5. of may i received ; for which i return you thanks , and according to my former obligements , to your vouchsafed clemency and goodness i can do no lesse , then to impart my self at this present , and present to your view these ensuing lines , viz. sir , upon satterday last we received intelligence , that lieut. gen. cromwel was vpon his march with a considerable party of horse and foot , and that he intended to have a generall randezvouz neer this city vpon munday and so to advance with all expedition toward south-wales , against poyer and his confederates , which report was soon made apparent ; for vpon munday morning about 9. of the clock in the fore noon , we discovered the horse , and immediatly the foot marched after them , who had a randezvouz within 2. miles of this city , and continued in the field till about two of the clock in the afternoon ; but in the intrim , severall passages worthy your observation , passed amongst them ; for as each regiment marched vp to the place appointed , they demean'd themselvs so civilly & cam vp in such an excellent posture of discipline , that it was admired ; for as each regiment came into the field they drew up into severall distinct bodies , and so soon as the rear was come up , and each regiment placed in order , lieut. gen. cromwel rode to the head of each , making a short speech touching their present design and engagement , which done , he further declared , that he had often times ventured his life with them , & they with him , against the common enemy of this kingdome , and a farre more potent power and strength then now they are to ingage withall ; and therefore desired them to arm themselves with the same resolution as formerly , and to go on with the same courage , faithfulnesse , & fidelity , as sundry times they had done , and vpon severall desperate attempts and engagements & that for his part , he protested to live and dy with them : the lieut. gen had no sooner declared himselfe , but they all threw up their caps , giving a great shout and hallow , crying out with one unanimous consent , that they would ventrr their lives and fortunes under his conduct and command , against any enemy either domestique or forraign . after the lieut. gen. had taken a view of each regiment , hee gave orders to march and accordingly about 3 of the clock they advanced : their number doth consist of about 6500. horse and foot , exceeding well armed , and brave resolute men . we doubt not but to hear of their happy successe very suddenly , for it is very probable , there will be speedy action . divers of our glosterians listed themselves at the randezvouz , under the command of the lieu. generall , and there marched about 100. voluntiers with him from this city , with blew ribbands in their hats , which is all for the present ; from your oblieged friend and servant , john hancock . gloucester the 8. of may , 1648. sir , upon the close of this letter , here arrived a messenger from swansey , who certified , that col powel is retreated from thence with all his forces , but upon what grounds we cannot learn , unlesse it be occasioned by the advance of l. gen. cromwell that way , who now is upon his march . col. horton is said to be about 3000. and hath had severall skirmishes with the enemy , but will not engage ▪ till the additional forces come up . vale , vale . letters from the north . sir , sir arthur haslerig is very diligent in fortifying of newcastle . some gentlemen of these parts are gone up to london , to acquaint the parliament with the affairs and conduction of these northern counties , and we hear the parl. are about to associate these counties again , and to put 10000. men more into a posture of defence against the cavaleer party , which are entred berwicke , and begin to overspread the country . by the next , i pray , let us hear what news at london , for which you shall command your affectionate friend , s. j. some english are already come to barwick , their leader is sir marmaduke langdale , a great malignant ; but formerly a justice of peace in this county ; they intend to fortifie the town , that if they are put to the way , they may with the more conveniency run into scotland : the coming of these forces to barwicke , is almost like to overjoy the malignants in these parts ; so that they begin to s●andalize the parliament , and use their endeavours to insence the country both against the parliament and army ; but the forces appointed to secure the north may do much good , then the malignants wil be glad to pull in their hornes again , and may be made to repeat their monstrous slanders . a committee hath already met to consider of the affairs of this and the northern counties , they have likewise appointed a day and place of meeting ; upon which time they will consult about the condition of the north , and of putting those parts into a posture of defence : this is all for the present i can acquaint you with , only one thing i shal further make mention of , that the northerne counties ingeneral have joyntly declared , that they will rise as one man against the scottish army , and that they wil use their utmost endeavours for the preservation and defence of those partes , against all opposition whatsoever . sir marmaduke langdale , sir charles lucas , and sir tho. tilsley , with divers other royalists do increase , their number is said to be about 600. horse , they have lately possessed themselves of the town and castle of carlisle , and are now very active in fortifying and strengthning of the said place . divers of the gentry in these parts resort vnto them , especially those who have formerly engaged for the king , and sir marmaduke langdale erects new officers , and gives them commissions in prince charles his name . we heare that sir philip musgrave is with a party of 500. horse between carlisle and appleby , and that he hath a design for surprizing of the said castle . richmond 6. of may , 1648. the copy of a letter from the isle of wight , touching the state and condition of the kings majesty . sir , since my last , bearing date the 3. of may , here hath beene a great alteration in these parts , and the inhabitants are much perplexed , occasioned by the great distractions both in the west and north of england ; but that which doth the most trouble us , is , the great melancholiness which hath now posses'd his majesty ; for indeed , he is not half so merry as formerly , and takes little delight in walking abroad , but gives his mind to much study and reading . he discourses very little , unlesse it be now and than with sir oliver cromwell , which is all for the present , from your assured friend to serve you , f. w. newport 8. of may 1648. imprimatur g. m. finis . a letter to a friend concerning the next parliament's sitting at oxford philanglus. 1681 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a48165 wing l1644 estc r36352 15667284 ocm 15667284 104325 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a48165) transcribed from: (early english books online ; image set 104325) images scanned from microfilm: (early english books, 1641-1700 ; 1152:24) a letter to a friend concerning the next parliament's sitting at oxford philanglus. 1 broadside. printed for j.k., [s.l.] : 1681. reproduction of original in the huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament -history. great britain -history -charles ii, 1660-1685. great britain -politics and government -1660-1688. 2007-11 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-03 mona logarbo sampled and proofread 2008-03 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a letter to a friend concerning the next parliament's sitting at 0xf0rd . honest tom , having undergone the gloomy day and newes of the parliaments dissolution , &c. as also the good newes that it is his majesties pleasure to order my lord chancellor to issue out . writs in order to the election of another , all i say by the way is this , ( cavete angli ) look to it you free-holders of england , that you observe the good advice contained in the writ : but they are to sit at oxford : and indeed , honest tom , i think that in the time of the sickness the then parliament sat at the said place . and alas ! now tom it 's a sick state , a sick nation , a sick people , all sick , and to be feared near death ; and now to oxford again must the parliament go . but tom dost think london's air to be infected ? i must confess , a bold rogue of our intimacy said , if it were , or any parts adjoyning , it was then the western end . but however , we know oxford is a clear air , and a goodly place , likewise a sumptuous theatre for them to act their parts in , and so let 'um march thitherwards . and i with them all prosperity and felicity , and withall that there may be no rogues , pensioners , or fellowes that love their pockets better than their countrey ; which i cordially wish for , who am , honest tom , thy old friend and companion , philanglus . printed for j. k. 1681. the hypocrites vnmasking, or, a cleare discovery of the grosse hypocrisy of the officers and agitators in the army concerning their pretended forwardnesse and reall syncere desires to relieve ireland ... : by a letter of the agitators to lieutenant generall crumwell, march 30, 1647 : and colonell robert hammmond his unreasonable propositions to the parliaments and some briefe observations concerning sir hardresse waller, and the lord lisle, late governour of ireland. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56175 of text r7456 in the english short title catalog (wing p3984). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 21 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56175 wing p3984 estc r7456 12380155 ocm 12380155 60738 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56175) transcribed from: (early english books online ; image set 60738) images scanned from microfilm: (early english books, 1641-1700 ; 223:2) the hypocrites vnmasking, or, a cleare discovery of the grosse hypocrisy of the officers and agitators in the army concerning their pretended forwardnesse and reall syncere desires to relieve ireland ... : by a letter of the agitators to lieutenant generall crumwell, march 30, 1647 : and colonell robert hammmond his unreasonable propositions to the parliaments and some briefe observations concerning sir hardresse waller, and the lord lisle, late governour of ireland. prynne, william, 1600-1669. sexby, edward, d. 1658. letter of the agitators to lieutenant general cromwell. hammond, robert, 1621-1654. cromwell, oliver, 1599-1658. 8 p. [s.n.], london : 1647. attributed to william prynne. cf. bm. the agitators were e. sexby and others. reproduction of original in harvard university libraries. marginal notes. eng waller, hardress, -sir, 1604?-1666? lisle, george, -sir, d. 1648. hammond, robert, 1621-1654. england and wales. -army. great britain -history -civil war, 1642-1649. a56175 r7456 (wing p3984). civilwar no the hypocrites vnmasking· or a cleare discovery of the grosse hypocrisy of the officers and agitators in the army, concerning their pretende prynne, william 1647 3361 15 0 0 0 0 0 45 d the rate of 45 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-05 aptara keyed and coded from proquest page images 2002-06 sara gothard sampled and proofread 2002-06 sara gothard text and markup reviewed and edited 2002-07 pfs batch review (qc) and xml conversion the hypocrites vnmasking ; or a cleare discovery of the grosse hypocrisy of the officers and agitators in the army , concerning their pretended forwardnesse , and reall syncere desires to relieve ireland , with the obstruction whereof they falsely charge some of the 11 impeached members , ( who cordialy advanced it ) in the 6 , 7 , 8 , 9 , 10 , 13. , 11 , 12 , & 14. articles of their mostfalse and scandalous charge . by a letter of the agitators to lieutenant generall crumwell , march 30. 1647 : and colonell robert hammond his unreasonable propositions to the parliament ; and some briefe observations concerning sir hardresse waller , and the lord lisle ; late governour of ireland . isay 9. 16. 17. for the leaders of this people cause them to erre : and those that are led of them are swallowed up : for every one is an hypocrite , and an evill doer , and every mouth speaketh villany . london , printed anno dom. 1647. a letter of the agitators to leiutenant generall cromvvell . may it please your honour . we , who have [ for these two yeares past and more ] bin by your 1 honour conducted through many dangers , and by providence have been hitherto protected ; who have often seen the devouring sword of a raging enemy drawn forth against us threatning destruction to us , and now see them vanquisht , and our selves seemingly setled in peace and safety , are not unsensible of a more dangerous storm hanging over our heads then ever the malice of our open enemies could have contrived , or their furie caused to fall upon us , which unless diverted , strikes not only at our libertie , but also at our lives : to whom ( next to our maker ) shall we fly for shelter but to 2 your honour , our patron and protector ? from what secondary meanes shall we expect our deliverance , but from that hand that hath been so often ingaged with us ? and from that heart that hath often bin so tender over us , and carefull for our securities ? can we suffer , and , you not sympathize ? can we be proclaimed rebels , and your honour remain secure ? ah dear sir , let your wonted care for us be further demonstrated : cease not to speak for us who together with your selfe , and in obedience to your commands have adventured all that is deare to us for the kingdomes safety : hath any thing bin desired by , that hath bin promised us , or then we have just cause to expect ? if there hath , then let it and the authors thereof perish . but can the parliament upon mis-information passe us for enemies , and we not therein perceive the designes of our enemies ? can we be satisfied with a complement , when our fellow souldiers suffer at every 3 assi●e for acts meerely relating to the war it is not our lives we seeke for : where shall we be * secured whom the meere envy of a malitious person is sufficient to destroy us ? were our enemies in the field with their swords in their hands , we should expect no more then a bare command , and a divine protection in our indeavours to free our selves : but it is another and a farre worse enemy we have to deale with , who like foxes lurke in their dens , and cannot be dealt with though discovered , being protected by those who are intrusted with the 4 government of the kingdome . it is the greife of our hearts that wee cannot desire our own security without the hazard of your excellencie if but in speaking in our behalf . when shall we see iustice dispensed without partiality , or when shall the publique weale be singly sought after and endeavoured ? can this irish expedition be any thing else but a designe to ruine and 5 break this army in peeces ? certainly reason tells us , it can be nothing else , otherwise why are not those who have been made instruments in our countries deliverance , again thought 6 worthy to be imployed ? or why , are such [ who for their miscarriage have been cast out of the army ] thought fit to be intrusted , and those members of the army incouraged and preferred to that service , when they are for the most part such , as ( had they considered their just demerrits ) might rather have expected an 7 ejection then imployment ? we are sensible , yea , 8 farre more sensible of the bleeding condition of ireland crying aloud for a brotherly assistance , then those forward undertakers in this present designe manifest them selves to bee , and shall willingly contribute the utmost of our abilities toward their releife , when we shall see this to be the onely thing sought after and endeavoured : but we are confident that you cannot but perceive , that this plot is but a meere cloak for some who have lately tasted of soveraignty , and being lifted beyond the ordinary spheare of servants 9 seek to become masters & degenerate into tyrants . we are earnest therefore with your honour to use your utmost endeavours that before any other or further propositions be sent to us , our expectations may be satisfied ; which if they are not , we conceive our selves and our friends as bad as destroyed , being exposed to the mercilesse cruelties of our malitious enemies . and shall your honour , or any other faithfull servant to the state , be appointed for the service of ireland , and accept of that imployment , we * must of necessity ( contrary to our desires ) shew our selves averse to that service , untill our just desires be granted , the just rights and liberties of the subjects of england vindicated , and maintained : and then , ( as god and our owne consciences beare us witnesse ) shall we test●fie to the kingdome the * integrity of our hearts to the service of ireland , and our forward actions shall demonstrate the sincerity of our expressions , in reference to that imployment . once more , we are earnest with your honour for your assistance ; without it we are like to be wholly ruined , and having obtained it , may be inabled [ as in duty we are bound ] to expresse our selves . your 1 honours and the 2 kingdomes most faithfull and obedient servants , whose names are here annext , as agitating in behalfe of their severall regiments . * agents for the generalls regiment . tho. moore edward sexby for the lieutenant generalls regiment . samuell whiting william allin . for the commissary generalls regiment . anthony nixson tho. sheppard . for col. fleetwoods regiment . william iones iohn cusby . for col. sheffeilds regiment . henry gethings edw. starre for col. whalleys regiment . tho. lindoll iohn thomas for col. butlers regiment . tobias box iohn willoughby for col. riches regiment . nichol . lockyer ioseph foster for our honoured commander , leiutenant * generall crumwell these . 30. aprilis 1647. propositions of colonell robert hamond concerning the present service of dvblin . 1. that the time of his imployment , and those of this army going with him , in this service , 1 exceed not two , or three monethes at the farthest . 2. to have the 2 proportion of money in hand for the pay of the said forces for the said terme , and that their pay be made good by the parliament for what further time their returne and landing againe in england , shall by casuality of weather , or any other unavoydable necessity , be protracted beyond that time . 3. that good shipping , well victualled , both for souldiers and marriners , with sufficient convoy , be provided and appointed for the transportation of the said forces to dublin ; which shipping and convoy to 3 be commanded to observe his directions in order to that service , and not to depart untill he dismisse them . 4. that the said forces going over with him , be not obliged to * any other service whatsoever , more then the possessing and defending of dublin . 5. that there be imbarqued with them victuall for * six moneths after their comming thither , for their supply , in case they should be so besieged , that it should not be possible for them to returne for england , at the time appointed . 6. that sufficient shipping of warre , convenient for that service , lye in the river of dublin to serve upon al occasions , and to preserve an interc●urse betwee●e the towne and releife by sea in case the enemy [ being potent ] should besiege the towne : which shipping to be commanded to observe what orders or directions they shall receive from him in order to that service during his sayd continuance there . 7. that shipping be ready in the harbour of dublin victualled at the parliaments charge with sufficient convoy , * fourteene dayes before the expiration of the said terme , to transport the said forces back againe for england , which shipping to be commanded to observe his orders or directions in order to that service , untill he be landed in england ; and that in case releife doe not come for him and the forces of sir thomas fairefax his army with him , within fourteene dayes before the end of the said terme , that [ whatsoever otherwise shall happen ] it shall be lawfull for him and them to take shipping * seven dayes before the expiration of the sayd time and to returne for england . that a good ingineere , 1 gunners , matrosses , with pay for them , convenient amunition and provisions of warre with materials to worke , as spades , shovels , mattocks and the like , may be ready to goe with them . that at chester there may be 2 fourteene dayes pay ready for the said forces at their returne put into the hands of such as he shall name , to cary them from thence to their owne homes , in case the army , wherof they are members be disbanded . that in all other things , they shall enjoy a like priviledge in point of arreare or otherwise , with the army * whereof they are members if disbanded that the said * colonell hamond may have the command of the said garrison of dublin and of all the forces in it , during the said term , or until he and the forces going with him be releived ; and also that a good proportion of money be provided for the contingent occasion that may happen , for the better carrying on of this worke , to be trusted in the hands of some , whom the parliament shall appoint● , and to be issued out , as colonel hamond shall order . which last proposition ( as also some parts of the former ) he would not have made , but that he doubts and * findes , he shall not be able to get any considerable number with him to answer this service , vnles they be so satisfied in the point of command during their stay . nevertheles , if that , or any of the other propositions be thought unfit [ to manifest the * reality of his intentions for the advancement of this service , in case it could be no otherwise supplyed ] he is willing himselfe , with as many others as he can perswade , to goe over for that space , upon what termes the parliament shall thinke fit , but he * doubts , that upon other termes then these , the number would not be considerable . * sir hardress waller , a colonell in this army , one of the councel of war there : a great stickler against the accused members , hath so litle zeale to ireland , and so large a conscience [ though he disdaines the thoughts of being mercinary ] as to continue with this mutinous army instead of repairing into ireland , where he hath a plurallity of offices of very great trust and profit : being major generall of the army there , governour of cork and colonell of 2. or 3. regiments , and captain of one troop of horse at once : receiving no lesse then 5079. 17. 6 4. d. this last yeare from the houses for his pay and raysing forces for ireland , which lay many moneths upon the western parts , and spent as much in free quarter as would have raysed fiue times more men , who yet were never transported thither to doe service there , till the country rose up in armes against them and some of the accused members sent some of them over . the lord lisle [ a great independent and friend of the armies ] who in the 14. article against the members , accuseth sir io●…clotworthy , mr. holles , and sir philip stapleton , for calling him back from the government of ireland , of which he was made lord president for one yeare ; did during that whole yeare space , except two moneths in the winter ; continue constantly in england , without doing any service at all in the field ; yet received his full pay of 10. l. a day [ or more ] for all the time he resided here in london ( being near ten moneths space ) as well as for the time he was in ireland : during which yeare , he and his agents received from the state no lesse then 236000. l. in money and provisions for the service of ireland ; and put the kingdome to neare as much charge in quartering of souldiers raised and designed for ireland , which lay some 8. 9. 10. 11. and 12. moneths upon the country on free-quarter , or more , and yet were not transported during his time ; which money and forces if well imployed , might have reduced ireland ere this : and to recompence this disservice , his interest in the officers and souldiers of the army at this time , hath obstructed the reliefe of ireland , of purpose to gaine a new commssion for himselfe to be governor there ; rather to promote his owne ends , and the independents interests and designes , then the welfare of that bleeding kingdome , which hath already suffered too much by his service , ( bought at an over deare rate ) as will appeare by his accompt● when they come to be examined . by all which ( and the late treacherous ingaging of col. birch his forces to joyne with sir tho. fairfax and the army against the parliament , when they were to be shipped for ireland , by letters and sollicitations from the army , and to returne to hereford ) let the world judge of the armies & independents most derestable hypocrisie , dissimulation and feigned intentions to relieve ireland , whose releife they have most wilfully obstructed , and how false their charge against those worthy members of the house , for obstructing its releife , is , even for their most cordiall and reall endeavours to accelerate and promote it , all they could . finis : notes, typically marginal, from the original text notes for div a56175e-230 1 sir thomas fairfax ( it seemes ) was & is but a cy ; pher with you : crumwell , only your conductor , and generall . 2 this disc●vers , who is supreame head of the mutinous faction in the army 3 a more untruth , never cleared by any one reall instance ; * the ordinance for indempnity hath prevented this danger . 4 the xi impeached members , who now can neither protect themselves ( though innocent ) nor others against these agitators and the armies rage , and violence . 5 what need they continue entire to oppress the kingdome withtheir pay and frequarter , now the wars are ended . 6 so they were : as major gen. skipp●n , massy . 7 because not of the present faction & confedracy which they long have ●●nce in conscience deserted 8 your comm-dictory actions and present rebellious proc●edings , obstructive and destructive to ireland , proclaime this anotable untruth . 9 this is mosttrue of the agitators and officers in the army , who now exalt themselves above king and parliament , & give lawes to both . * this is their reall forwardnesse to relieve ireland . * you should say hypochrisy . 1 his in the first p●ace , and a truth as to him . 2 this your present rebellion and disobedience to the parliament proves a falshood , in relation to the kingdome . * traitrous mutineers by law martiall , and the common law of the land . * though no present officer in , or member of the army ; yet , now chiefe president in the councell there , and is appointed a commssioner for the army to treat with the house , of which he is an actuall member ; as in contradistinction to the house . a strange mystery of iniquity . notes for div a56175e-1390 1 why so ? but only to carry on the designes now on foot here in the army . 2 yet these gentlemen are not mercenary and scorne and neglect their pay in respect of justice and higher ends . 3 this gent. would be supreame commander both by sea and lande * their de●●g● therein was to posse● themselves of dublin , not to relieye ireland . this seemes unreasonable when they would stay there but 2. or 3 moneths at furthest . * he would be both lord generall and lord admiral at once , and command both by land and sea . * a very reasonable motion to waite so long upon his worship before hand , at so great expences , only for a moneths continuance ( not service ) in dublin . * a very iust demand to receive full pay beforehand for the whole time and yet to returne without orders 7. dayes before the time . 1 what need such extraordinary provision for 2 moneths service only when monies were so scarce . 2 a very just 〈◊〉 for scarse 2 moneths stay in dublin . * they knew the army would not disband , & therefore would continue members of it , and returne from ireland to ioyne in their present designes * to gaine all into the armies power both in irel. & engl. to carry on their present designes the better . * pay before hand for all the time ; 14 days pay at the return ; and yet such a good proportion of money besides : is a very unreasonable demand of unmercinary men for a months service only * therefore neither he nor his friends in the army ever realy intended irelands releif , but their own private interest and lucre * he meanes hypocrsy : elswhy such articles or such a conclusion as this . * which puts al out of doubt , that the army never cordially intended irel● . releif , but only jugled with the parliament therein . six important quæres propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56209 of text r211416 in the english short title catalog (wing p4083). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 12 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56209 wing p4083 estc r211416 99835039 99835039 39692 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56209) transcribed from: (early english books online ; image set 39692) images scanned from microfilm: (early english books, 1641-1700 ; 2038:31) six important quæres propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, 1600-1669. 1 sheet ([1] p.) s.n., [london : 1659] by william prynne. imprint from wing. identified as wing p4083a on umi microfilm "early english books, 1641-1700" reel 2038. annotation on thomason copy: "w.p:"; "xber [i.e., december]. 30. 1659". reproductions of the originals in the british library (thomason tracts), and the harvard university library (early enlgish books, 1641-1700). eng england and wales. -parliament -history -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. a56209 r211416 (wing p4083). civilwar no six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, prynne, william 1659 2168 4 0 0 0 0 0 18 c the rate of 18 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-10 tcp assigned for keying and markup 2002-11 spi global keyed and coded from proquest page images 2002-12 mona logarbo sampled and proofread 2002-12 mona logarbo text and markup reviewed and edited 2003-02 pfs batch review (qc) and xml conversion six important quaeres , propounded to the re-sitting rump of the long parliament , fit to be satisfactorily resolved by them upon the question , before they presume to act any further , or expect the least obedience from the free-born english nation , after so manie years wars and contests for the privileges , rights , and freedom of parliaments , and their own liberties . 1. whether their sudden stealing into the house by night , on monday the 26. of december after their forced dissolution by lambert , octob. 13. without any new summons or notice of their sitting given to any of their fellow-members , in the city , or people of the nation ; was not a work of darkness , rather than of light , better beseeming theeves than freemen , a guy faux with his dark lanthorn to blow up a parliament , than the honour and dignity of members of a real english parliament , and a bad omen of some dark d●signs against their fellow-members , and liberties both of the city and english nation ? 2. whether their placing armed gards that evening at the house , and all approaches to it and the next morning too , and giving colonel okey , and colonel alured ( the commanders of their gards ) their serjeant and door-keepers , strict special commands and orders , not to suffer any of the old secluded members so much as to come into the outward lobby before the house , ( whether footboys , apprentices , and other persons of all sorts had free access , ) much lesse to enter into the house ; and their forcible secluding of sir gilbert gerard , sir anthony irby , sir william waller , sir iohn evelin , mr. ansley , serjeant maynard , mr. prynne , and 15. other members more on tuesday morning , decemb. 27. out of the very lobby , in pursuance of their orders , till they crowded into the lobby by degrees against the door-keepers , and gards wills , who at first oft shut the doors against them , though they admitted apprentices , and others to pass in and out : and their seclusion of them out of the house when in the lobby , by keeping the house door fast locked against them , and ordering the door-keeper and serjeant not to open it , notwithstanding many demands to open it , and messages to them for that purpose , which they slighted ; not vouchsafing to take any notice of , after two full hours attendance by the members on them in the lobby ; nor so much as sending any member , nor their serjeant out to them ; as they usually do to every ordinary petitioner , or person attending them upon publick or private occasions ; be not a just ground and provocation for these and all other secluded members , ( being about 4. times more in number and interest to those then sitting , and the real house of commons , ) with all the respective counties , cities , boroughs , ports for which they serve , with as high co●●empt and scorn to neglect them and their illegal conventicle , ( not the tenth part of a commons house , ) to protest against all their votes , proceedings as null and void to all intents , and not to yield the least obedience to any orders , votes , or commands of theirs , till all the members be freely admitted without any restrictions , to sit and act amongst them ; it being both their privile●e , birthright , and inheritance , and they obliged by their protestation , and solemn league and covenant , constantly , zealously and chearfully to defend the same with their lives and estates against all violations , all the daies of their lives ; and therefore now if ever , in this sad posture of publick distractions ? 3. whether this their disdainfull , uncivil , unbrotherly treating of their fellow-members ( desiring nothing else but a brotherly association with them , to compose the manifold distractions , and make up the wide breaches of our sinking , dying nations , by their united councils and endeavours , and to regulate all exorbitances , occasioned by their heady councils and miscariages ) in not allowing them the privileges of porters and footboyes to enter into their outward lobby , in taking no notice of them , and putting this fresh affront upon them , after so many former indignities , in the midst of their and our domestick confusions and fears from forein parts , be not an evident demonstration ; that they intend neither the publike peace , unity , nor settlement of our government , laws , liberties , or nations , but their unjust support of their own private interests , rapines , ambitious tyrannical usurpations and exercises of supreme parliamentary civil and military authority over our three nations to imbroyl them in new wars and confusions , to prey upon the small remainder of their real and personal estates , by the power of the sword , now gotten into their hands , out of the army-officers ; who abused it likewise to the oppressing and enslaving of the people , and created them a parliament without the secluded members , and house of peers ? 4. whether their disdainfull , injurious forcible seclusion of the members , by their own special orders and commands to their gards and officers now , be not a shrewd evidence , that their former seclusions , decemb. 6. and 7. 1648. and may 7. and 9. 1659. ( acted by , and fathered on the army-officers , and seemingly disowned by themselves ) were secretly procured & countenanced by them , thus openly owning their last seclusion , by their precedent orders and subsequent approbation of it ; and that at their very first re-assembling , after their own late forcible seclusion , by lamberts and hewsons regiments , now entertained and imployed in their service , to seclude , and keep out their old honest fellow members , of untainted integrity and merit ? whether it be not a greater breach of privilege , trust , duty , tyranny , perjury , and treason in them , against all former declarations , the protestation , solemn league and covenant , taken and subscribed by them , with hands lifted up to the most high god , thus to seclude their fellow members : than it was in cromwell and harrison , april 20. 1653. or for lambert october 13. last to seclude and turn themselves out of doors , after their declaring and voting it treason , perjury and tyranny in them ? whether this their secluding of the members by col. okey himself , and others who appeared most active against their exclusion by lambert , will not draw a self-condemnation on them , as acting by their commands , against their consciences ; and justify both cromwels and lamberts seclusion of themselves ? and justly encourage all their newly reduced soldiers and others , to shut and turn themselves out of the house again upon any emergent occasion or discontent , with greater boldness and impunity than before , since they justified their last seclusion , by their former underhand encouragements of them to seclude the majority of the members , who over-voted them in decemb. 1648. and give them orders to seclude them now again upon the same account in the same month of december , for fear they should over-vote them if re-admitted ? 5. whether their printed vote , decem. 27. to take the business of their absent members into debate on the 5. of ianuary next ; instead of giving admittance , or any answer to the 22. secluded members waiting for an answer in the lobby above 2. hours , be not a meer dilatory cheat put upon the secluded members , the city of london , and whole nation ; to delay their admission till they have put new gards on , and drawn up all their forces to london , to over-awe the city , and hinder their long-delayed militia for their own security ; and setled the militia of every county under their own commands , to enslave the whole city and nation to their tyranny and usurped parliamentary power ; and then they will not only forcibly keep out all the members , but absolutely eject them , unlesse they will take their new oath and ingagement : as is evident by their speakers prohibiting the lord maior and common council on saturday last to set up their chains and settle their militia ; and their order and vote on munday night against all forces raised without their order , to hinder the m●litia in the city , when they commanded the militia in the suburbs and westminster to meet and act that day : and by some of their discourses to two seeluded members ; that there was no hopes of their admission , unlesse they were for a commonwealth , would take the ingagement , and confirm what they had done : and thereby become as guilty , treacherous , perfidious , disloyal , and hurtfull to the publike as themselves ) which those members assured them , they would never submit to , being against the privilege of parliament , their judgements , consciences , protestation , covenant , former oathes upon their first admission as members . 6. whether the city , or english nation , can expect the least justice ease or redresse of their insupportable burdens , taxes , and impositions from these new tax-masters , who ( though they are not yet the tenth part of a full commons house ) presumed to pass and print a new act of parliament , to continue their expired customs and excises on them , till march next ? whether their unpresidented presumption , in arrogating to themselves the title , power and authority of a parliament ; when all laws , and lawbooks resolve , their own consciences and the whole nation infallibly know them to be no parliament , nor commons house , hath not brought them within the compasse and penalty of this clause in their own last act , before their dissolution by lambert , october 11. intituled , an act against raising of money upon the people without their consent in parliament : and be it further enacted , that no person or persons shall after the 11. of october , 1659. assess , levy , collect , gather or receive , any customs , imposts , excise , assessment , contribution . tax , tallage , or any sum or sums of money , or other impositions whatsoever , upon the people of this commonwealth , without their consent in parliament , or as by law might have béen done before the third of november , 1640. and be it further enacted and declared , that every person offending against this act , ( therefore every of themselves who passed this new act , decemb. 27 and those who shall put it in execution ) shall be and are hereby adjudged to be guilty of high treason , and shall forfeit and suffer as in case of high treason . whether the people of this commonwealth ( the thousand part whereof knew not of their new sitting ) did ever consent to this sudden extemporary new act , made the first morning of their sitting in lesse than two hours space , when there were but 42. members in the house ; 22. secluded members at the door , and near 250. more members yet living , ( besides the whole house of lords , who must stand for cyphers ) absent , and not privy to their session , or this act ? if not , ( as is unquestionable ) whether by this their own law and act , they be not adjudged to be guilty of high treason , and to forfeit and suffer as in case of high treason , for this their imposing and continuing of customs and excises on the people ; as well as for their seclusion of their members ; which they voted to be treason in lambert ? and whether the offices and common soldiers can upon this account expect any pay from the city or country , or indemnity for secluding those now sitting , if they offend again in secluding the greatest part of the members , which are in truth the only house , which can only really pay and indemaifie them ? a short answer to a paper, intituled, reasons humbly offered to the honourable the commons assembled in parliament, against a bill brought in by sir robert killigrew and others, undertakers and participants for the pretended dreining of lindsey-level in lincolnshire killigrew, william, sir, 1606-1695. 1698 approx. 25 kb of xml-encoded text transcribed from 3 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-03 (eebo-tcp phase 1). a47389 wing k468 estc r3389 13672815 ocm 13672815 101190 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a47389) transcribed from: (early english books online ; image set 101190) images scanned from microfilm: (early english books, 1641-1700 ; 792:18) a short answer to a paper, intituled, reasons humbly offered to the honourable the commons assembled in parliament, against a bill brought in by sir robert killigrew and others, undertakers and participants for the pretended dreining of lindsey-level in lincolnshire killigrew, william, sir, 1606-1695. 3 p. s.n., [london : 1698] caption title. written by sir william killigrew. cf. wing. page 3 signed: william killigrew, sole executor of sir william killigrew, deceased. imprint from wing. reproduction of original in bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng killigrew, robert, -sir, 1579-1633. england and wales. -parliament. reasons humbly offered to the honourable the commons assembled in parliament against a bill brought in by sir robert killigrew and others. drainage -england -lincolnshire -early works to 1800. 2002-11 tcp assigned for keying and markup 2002-12 aptara keyed and coded from proquest page images 2003-01 olivia bottum sampled and proofread 2003-01 olivia bottum text and markup reviewed and edited 2003-02 pfs batch review (qc) and xml conversion a short answer to a paper , intituled , reasons humbly offered to the honourable the commons assembled in parliament , against a bill brought in by sir robert killigrew , and others , undertakers and participants for the pretended dreining of lindsey-level , in lincolnshire . i should need only to say , that the iournals of both houses of parliament , and the papers now in the custody of the clerk of the house of commons , will prove the notorious false allegations alledged in the said papers . secondly , that by such allegations , our adversaries only endeavour to hinder the case to be fairly tried at the bar of this honourable house , the concurrence of which we have always had , when heard , and never had a repulse , but by tricks and delays of a few self-interested men , who call themselves the country . thirdly , i do affirm the veracity of the following case ; and on a fair and timely hearing , our adversaries will have just cause to blush at their false allegations , and illegal robbing us of our lawful estates ; which , if tolerated , will make a large gap in the liberty and property of this nation . fourthly , i have so great a veneration for my country , and their representatives , that i rely entirely on their iustice ; and that we , the dremers and participants of lindsey-level , shall not be condemned on such false allegations , but be fairly heard . fifthly , if this honourable house do think the time short , through the multiplicity of business , and that our adversaries have not time to summon the pretended country ; we will , with all humility and respect , agree with our opposers , to begin a-new with our pretensions , the next meeting of parliament ; so that they may not pretend any surprize , but be ready to prove what they so unjustly pretend . this , with submission , by william killigrew . the late earl of lindsey's title , by which himself and his participants do claim four and twenty thousand acres of land , in the fenns in lincolnshire ; and concerning which , a bill is now with this honourable house , to impower sir robert killigrew , henry heron , thomas wyndham , wiliam killigrew , and edward heron , to settle and repair their destroyed works : and they do declare , all in this following paper is true. first , we claim by the law , and authority of several decrees of sewers . secondly , we claim the same equity that former parliaments have afforded to such undertakings , we having in this expended near 80000 l. to the very great benefit of this kingdom . that commissioners of sewers were anciently part of the commission of oyer and terminer . that they were issuable at the king's pleasure , and that the king ( as he who had the supreme care of things of publick concernment ) was bound to grant such commissions upon al emergencies . that this was the constant opinion , we find in our ancientest book of common-law . that it was a common practice , we find many such commissions issued , two especially , long before any statutes now known in england were made ; they were both sent into lincolnshire , and the first into the very parts where the earl made his works , and it that time to have done this very work that the earl hath now done . but because those commissions were temporary , to persons somtimes strangers in the place , and ordinarily in redress of mischiefs already happened by some former inundation , some statutes have from time to time enlarged the power of commissions , to act as well in prevention as redress ; and appointed those commissions to gentlemen , living on or near the place , who by their timely notice might prevent , and their authorities were made constant for certain number of years . the first statute to this purpose we find in henry the third 's tim , which is as ancient as any statute now known in england ; very many subsequent statutes have enlarged their powes in such particulars , as in experience they found necessary , viz. to enable them to tax all lands which might receve benefit , or avoid loss ; to make new dreins , if they , upon their view and observation , found the ancient ones were not sufficient ; to distrain and sell , for not payment of those taxes ; or in their discretion , to discharge such land perpetually , or to sell them for years , or lives in tail , or in fee. and because the commissioners were gentlemen of the country , not ever so intelligent in every scruple of law , it is by later statutes provided , that their decrees shall not be eaminable but in parliament , as divers heretofore have been : but those parliaments never avoided them , if they found the course taken by their commissioners might probably do the work , though it was not yet really done . but on the contrary , rather than lose the benefit that might thereby accrue to the state ( although those commissioners might in some thing have erred in judgment ) they did confirm their decrees , and sometimes better the contract in behalf of the undertakers , as they did tindal's law , lovell's law , &c. that those lands undertaken by the earl of lindsey , were hu●●ully surrounded in henry the fifth's time , appears by presentments at a session of sewers at that time . that the earl hath pursued the most effectual course in doing the work , appears by acts of sewers , at a session at donington , before charles brandon , duke of suffolk , and many most eminent men in 34 h. 8. who decreed the making of new dreins in the very same place , and the same out-falls to the sea , that the earl hath done ; only the earl hath made the same , and some more , and much more capacious ; and that the commissioners then laid the tax generally , as the commissioners now laid this last , before their contract with the earl. that upon great complaint of the inhabitants , at a session of sewers at sempringham , 8 eliz. before the earl of lincoln , lord high admiral of england , and many more , a general tax was laid for the repairing and enlarging dreins to carry away waters that in those fenns then annoyed hem . at another session , 17 eliz. at sminstead , upon the complain of the country , that they were then more drowned than formerly ; the commissioners then decreed the making sucd dreins as the duke of suffolk and others had 〈◊〉 in henry the eighth's time , and such as the earl himself hath since made ; and they then laid a tax upon the same lands , but it was not paid ; and so nothing was done . 〈…〉 , in 6 iac. the commissioners , upon their view of the great inundations that time , laid a general 〈…〉 some works in the said fenns . but about the 5 car. primi , sir anthony irbi , sergeant callis , and other commissioners of sewers , and of the peace , then finding all former attempts fruitless , by reason the inhabitants would never pay the taxes , nor the lands , by reason of the surrounder , had no cattel upon them to render distress , and well understanding that the king was bound , as is express'd in the preamble of all statutes of sewers , to give direction to works of this nature and necessity : those commissioners , we say , upon those considerations , did , by their letters , remonstrate to the then king , the necessities and profits of dreining this land , and beseech'd his majesty to recommend some person of honour to contract with them as undertaker ; the king was pleased to recommend the earl of lindsey ; however , before they made any contract with the earl , they yet laid another tax of 13 s. 4 d. per acre , at a session at sleeford of 35 commissioners , many of them lords and owners , and prime gentlemen of the country ; and after three years expectancy of that , and little or none paid , then , 11 car. primi , lest their endeavours should have been as fruitless as formerly , at a publick session of sewers , and in a general assembly of lords , owners and commoners , where were 32 commissioners ; many lords and owners of the said fenns , after many proposals and refusals , it was fully agreed , and a perfect contract made with the said earl , that the said earl should have as a reward for dreining all between bourne and lincoln , 24000 acres ; and as soon as he should have finish'd that part between bourne and kime , &c. he should have 14000 acres , as a proportionable part for so much to be put into his possession , when by the commissioners it should be adjudged dreined , and this contract and decree was confirmed by the royal assent , and enrolled in chancery . the earl applied himself to the work , and 12 〈◊〉 . primi , at a session at boston , the commissioners being 24 , apportioned his part out of each particular fenn . at a session at bourne , 13 car. primi , 10 commissioners ascertain'd the place where his proportion in every fenn should lie . this law was after confirmed , 14 car. primi , at sleeford , by 18 commissioners , with the royal assent inrolled in chancery . after , in the same year , by 19 commissioners it vas viewed entirely upon the place , after at a session at sleeford , the said commissioners did decree the possession to the earl ; to which decree also was the royal assent inrolled in chancery . after which , the earl did enclose it , build and inhabit it , plant , plow , sow , and reap near three years , till about the beginning of the late troubles , riotous people violently entred and destroyed his plantations and corn then growing , pulled down his houses , destroyed the dreins , and hath ever since held the possession . 1. by the records above mentioned , it is evident , that these fenns in question , have been for 200 years hurtfully surrounded , and the constant endeavours of that country to have dreined them , but could not effect it , until the earl of lindsey did the work . 2. by the countries letter to the king , it is clear , they called for an undertaker ; and by the earl's reception , treaty , and contract , in three years time , ( none dissenting ) 't is clear , he was not imposed on them , but kindly received and invited by the country with a genera consent . 3. by the country not paying their tax of a mrk an acre in three years time given , though from six months to six months , during that three years treaty , they had still new days appointed for the said payment ; by which 't is evident , that they did not value those fenny lands so much worth in those days : only the earl of lincoln did pay in his tax , as the commissioners appointed , and he had his 300 acres , for a mark an acre , when the work was done . 4. it is also evident , that if the countrey would have undertook the dreining , by levying their taxes , this undertaking by the earl had not been : and that no contract was made , till after three years not payment of the taxes . note also , that the commission of sewers then in force had 213 commissioners , the prime men of the country , many of them lords and owners ; and 78 commissioners of the same country did act in our decrees , to view , to tax , to contract , to adjudge the work done , and to give possession of 14000 acres unto the dreiners , as the decrees shew . 5. when the contract was made , before the work begun , the earl declared publickly , that if any of the lords ▪ owners , and commoners , would join with him to adventure in the works , they should be admitted for forty shillings the acre . but only three would adventure , who were sir iohn brook lord cobham , sir edward heron , and mr. william langton , who at forty shillings the acre became adventurers for their own fenns only ; by which 't is clear , that if the lords and owners had desire to be undertakers , they were not excluded , ( as is now pretended , and 't is as clear , that they did not value those fens so much worth before the undertaking , as they now pretend , or thought the work too hazardous to venture on ; ut now men do clamour for what their ancestors did reject , wh● might have been either undertakers by paying the taxes , or adventurers by joyning with the earl. 6. by all the records and decrees 't is evidet , that all the commissioners , who were 213. were with the whole country constantly publickly summoned to apear at every grand session , from six months to six months ; ar● 't is as evident , that at every session a much greater number of commissioners than need , did constantly appear and 〈◊〉 in this business ; though any six commissioners according to the law of sewers , ( three being of the quorum ) are im powered to act , and there being 78. of the said conty , many of them lords and owners of the said fenns , whic did act in these decrees , as the records do shew and at every session for the whole three years treaty , many thousands of the commoners were continually present ; and in all these three years time while the contract 〈◊〉 treating , nor at the contract making , did any one brd , owner , or commoner either desire to be dreiner , or to oppose the dreining , or the undertakers ; but many thousands , at the making of the contract at sleeford , did 〈◊〉 great joy and loud cries , attend the earl to his lodings ; no one man dissenting of the 32. commissioners then present , as in the decree of sewers is expressed . this 〈◊〉 conceive does clearly prove , that the earl had the unanimo consent of the whole country , whatsoever now is aledged to the contrary ; the countries kind compliance 〈◊〉 joyful invitations did encourage the dreiners to advnture on the work. 7. we humbly conceive , that the earl of lindsey the earl of lincoln , the lord cobham , sir edward heron , and mr. langton , to be persons of as great quality , and estates , and as great lords of fenns there , and so may as wel● be called the countrey , as those who now pretend to be dreiners on that account . but they say , these were partie● and judges , and so would make it a crime for any ●at had estates in that country , to be dreiners in those days ; bu● would now themselves do what they condemn in othrs ; and themselves hope by the merit of abetting those rioters , who destroyed those publick works , now to be preferred to the undertaking , and enjoy the dreiners lands , which we have and shall pay fifty years purchase for , when our works are repaired . 8. 't is also evident by the decrees , and by the deiners great houses built , and their 14000. acres being divided , planted , plowed , sowed , and reaped , for near thre years together , that the dreiners were in possession , and their undertaking fully performed , according to their contract . it also is as evident by the dreiners houses being pulled down , with their plantations , corn , and publick vorks destroyed , that the dreiners were thrown out by a riot which rioters and their abettors , have now held the dreiners lands for many years . 9. since his majesty's restauration , the dreiner bill hath twice passed the lords house , and been sent down this honourable house , and there twice commited , and the business been fully heard ; and at another session of the parliament , after a full hearing at a committee , it was reported back to the house by sir thomas meers ( chair-man , ) where the business was again ( at sir charles hussey's desire ) debated at the bar , and after counsel fully heard on both sides , it was resolved by the house , to proceed upon the dreiners bill , and did proceed on some of the amendments , but for want of time , the parliament prorogued before it could be finished . 10. sir charles hussey ( who hath not proved himself more than a commoner , and we believe could not ) put in a bill in the name of the lords and owners , whose consents he had not . 11. the dreiners do not claim by court or prerogative power , to have got an interest in the fenns in question , ( as was scandalously alledged ) but do claim their title by the known laws of sewers , according to the ancient and daily practice of 200 years , as their records and decrees do shew , with the royal assent enrolled in chancery ; and do justifie , that all their proceedings were from first to last , according to the best works of this nation , which have so much enriched the kingdom . 12. by the dates of the deeds of those three above-named commissioners , it is clear they became adventurers some years after the contract , and so not subject to the scandal of being parties and judges , but were as free to adventure in that work , as for any member of this honourable house to purchase land after an act is passed for the sale thereof . 13. but if the experience of our days , do now think to amend the commission of sewers : let it be amended . or if not clearly understood : let it be better explained . or if it be found of no use for the good of the nation : let it be repealed . but while it is in force and in practice , let not the dreiners be destroyed , for observing and following the direction thereof as it is in daily practice throughout england , and so great improvements made thereby : for by a moderate computation , the fenns of england are near as much ground , as holland , zealand and half freezland , and as rich a soil ; by which it may be judged whether the dreining ought to be encouraged , and the commission approved . 14. our adversaries cry out , that their propriety is invaded by these dreinings , and at the same time they did put in a bill to do the same thing , and are now doing it by a commission of sewers fraudulently assembled , witness a letter to my lord of lindsey , by the same way : the country ( as they have said ) needed no dreining , though 200 years records declare the contrary , and yet themselves would be the dreiners . they forget that the riot , which destroyed above a hundred thousand pounds worth of houses , goods , and corn , and ruined works , which does destroy all propriety , and root up the foundation of all laws and government . they make a publick contract in the face of the country , after three years publick treaty , with the unanimous consent of thirty two commissioners , as is in that decree expressed , most of them the most eminent lords and owners , and in presence of seven or eight thousand commoners , with all their joyful consents ; and after eighty thousand pounds expended by the dreiners , their justice allows them to ravish from us these lands , and to keep them so many years . it seems very strange , that poor men are daily hanged for trifling robberies , to save their families from starving , and so great a robbery as our riot , to pass for a vertue , to be justified , endeavour to be rewarded instead of punished : and all the argument for this is , that ( they say ) it is their own land : and their houses builded with the ruines of ours , is their own too , because they say so ; by which example , any man may pull down any man's house , and call it his own . 't is humbly desired that the consequence of this may be fully considered , and then judge who be the destroyers of all mens propriety ; when the will and pleasure of a multitude may overthrow the decrees of the most ancient court of records in england : for such is the commission of sewers , and as beneficial to the nation as any . if that riot had been duly punished , this contest had ended many years since ; but by that omission , men are encouraged to design any thing that has no rellish of justice ; else no man could hope to be dreiners of our lands which we have paid so dear for , and so well deserved of the nation ; that we most humbly desire such reparation as this house in their wisdoms shall think fit , the better to enable us to repair our ruined works . 15. the dreiners do humbly desire that their merit may be duly considered , and the rioters have their reward , lest by their example no man may be assured of any propriety , when multitudes shall be justified for such an eminent riot , committed while the business were in hearing before a committee of the house of commons , and when two justices of peace were present , who read the orders of both houses , and commanded that rout to disperse , but could not prevail , but before their faces saw a house of 3000 l. price pulled down . this well considered , is a high concern to the honour of parliaments , and to the publick peace of the nation , as well to every man's interest in england , besides the dreiners , who are much impoverished by this riot , their estates for many years detained , their works so ruined , as will cost twenty five thousand pounds to repair ; and thus all men discouraged from such publick works , which deserve a better approbation than to be neglected now , or formerly destroyed by the rioters . 16. 't is said by some , that we had not the countries consent . the commission of sewers does not direct , that every individual man should consent under their hands , neither is any consent requisite , nor directed by the commission , for that were an impossible work ; for if any two or three froward men by their refusal may hinder the enriching of the nation , it would make fruitless the whole intention of the commission , which is not like the common law in other cases ; but common sense and constant practice shews that a tacite compliance in them absent , without any dissenting , does declare a general consenting with those many thousands , who for three years treating were constantly present , and with joyful acclamations consented to the contract made at sleeford . 17. such a consent as our adversaries talk of , is as impossible as their discourse of dreining , without making new works ; as if our ancestors were so silly , by so many acts of parliaments to impower the commissioners to drein , and to forbid the only way of dreining . but this is like their beating us out of the country , destroying our works , and now complaining to the parliament , that we did not perform our contract , by not finishing our works in the second level , when their riot drove us away ; and all they say to amuse men , is like these when we answer them as those who now sign papers against the dreiners , are the same men , or their heirs , who pulled down our houses , and destroyed our works , and such as now hold our estates by vertue of that riot ; 't is to be supposed such men will sign any thing . they talk of leaving this case to be tried in westminster-hall , because they know by the 23d . of henry the 8th . no court can alter a decree of sewers , having the royal assent thereto and enrolled in chancery , but a parliament . the dreiners do declare , that the proposals and resolves of the committee the fourth of april , 1662. shall be by them inviolably performed , according to their consents and compliance therein ; as to remit the dreining of the second or upper level , from kime ea to lincoln , unto the lords and owners as they desired , and we did agree unto , ( our 14000. acres being first setled to us ) and they paying us for such works of ours as they make use of . and also the dreiners will perform that agreement with mr. dymock , as it is setled . may 6. 1698. william killigrew , sole executor of sir william killigrew , deceased . notes, typically marginal, from the original text notes for div a47389-e190 〈…〉 〈…〉 〈…〉 〈…〉 . 〈…〉 . 〈…〉 〈…〉 . 〈…〉 . 〈…〉 . 〈…〉 . 〈…〉 . 〈…〉 〈…〉 〈…〉 〈…〉 ☞ 〈…〉 〈…〉 ☜ no parties and iudges . 〈…〉 . 〈…〉 〈…〉 the 〈…〉 . the 〈…〉 . ☜ 〈…〉 a letter from sir george booth to a friend of his shewing the reasons of his present engagement in defence of his countries liberties, &c. delamer, george booth, baron, 1622-1684. this text is an enriched version of the tcp digital transcription a82295 of text r211231 in the english short title catalog (thomason 669.f.21[66]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a82295 wing d871 thomason 669.f.21[66] estc r211231 99869961 99869961 163561 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a82295) transcribed from: (early english books online ; image set 163561) images scanned from microfilm: (thomason tracts ; 247:669f21[66]) a letter from sir george booth to a friend of his shewing the reasons of his present engagement in defence of his countries liberties, &c. delamer, george booth, baron, 1622-1684. 1 sheet ([1] p.) s.n., [london : 1659] sir george booth = baron delamer. in support of a free parliament. signed and dated at end: george booth. chester aug. 2. 1659. imprint from wing. annotation on thomason copy: "august 5.". british library copy cropped at head, with some loss of print. reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a82295 r211231 (thomason 669.f.21[66]). civilwar no a letter from sir george booth to a friend of his; shewing the reasons of his present engagement in defence of his countries liberties, &c. delamer, george booth, baron 1659 869 2 0 0 0 0 0 23 c the rate of 23 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 mona logarbo sampled and proofread 2007-11 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion 〈…〉 present engagement in defence of his countries liberties , &c. ●ir , i think my self , and the gentlemen and others you know to be now engaged with me , have no hopes by new troubles to better our present condition ; with thankfulness we may say it , god hath made our lot larger than our desires in that kind ; and we suppose by that blessing , put an obligation upon us , as we are considerable members of our countrey , to have more sober and couragious thoughts in time of extremity than other men have : and though the indifference that lies upon other mens spirits might flat ours , yet we tannot think , but if it were represented to them , how the present power doth obliege us to put out our right eyes , when they require us to acknowledge them as a parliament , and lay upon us such heavy and grievous burthens , and such deceitful ones , as a years tax in three moneths , besides the many other impositions of excise , &c. and by raising among us a militia , they cut off our right hand , by subjecting us under the meanest and most fanatick spirits of the nation , under pretence of protection ; their spirits would be warmed into the same zeal and indignation that ours are kindled with . now consider what it is we ask , and consider whether it be not the same thing we have asserted with our lives and fortunes ? a free parliament : and what a slavery it is to our understandings , that these men that now call themselves a parliament , should declare it an act of illegality and violence in the late aspiring general cromwell , to dissolve their body in 1653. and not make it the like in the garbling the whole body of the parliament from 400 to 40 , in 1648. what is this , but to act what they condemne in others ? why do they associate themselves to the present army , or indeed to the present commanders in chief , and keep out their numerous and fellow-members , if committing violence on a parliament be so notorious a crime ? and how do they teach the souldiers boldly to do that , which themselves practise , and make them instruments of ? what is this , but under another shape to act the condemned acts of usurpation and tyranny in their old general ? what is this , but to necessitate men to complain ? and upon complaints , to be invaded by their power , so to raise ( if the english spirits be not dissolved into baseness and aptitude for slavery ) a civil war , and to endevour to water their owne root with the blood of many thousands of their countrey-men ; or to gape after those confiscations , which by a victory , upon presumption of the unity of their army , they hope to gain over all those that dare with danger assert their liberties , ( which presumption yet may fail them ; for the souldier hath , and may declare himself , no mercenary but an english freeman ; which indeed , thought it be now contrary to his actions , may return into his thoughts again : ) and what will be the issue of all this ? a mean and schismatical party must depress the nobility and understanding commons ; the land must waste it self , and forainers , or others , must take the advantage of all . i dare say , i profess for my self , and the greatest part with me , we have no aspect but this singly , that we be not possest , as waste ground is , only by the title of occupancy , or that the next that gets into the saddle ride us . let the nation freely choose their representatives , and they as freely sit without awe or force of souldiery ; and whatever in such an assembly is determined , shall be by us freely and cheerfully submitted unto . if this satisfie you , i am glad of it , for you are my noble friend . i use it not as an artifice either to engage you , or to make other counties follow our example . which if they doe not , let their posterity judge their action and ours : for we were born for our countrey ; and our countrey , our religion and laws are in danger , and we will not be unconcerned : but we are faithful and peaceful in the land , and if they in authority will decline hostility , and agree of a means to admit the old members of both houses , or to call a new free parliament , let him be ( and he only is truly ) a traitor , that resolves not his judgement and obedience into their determinations . i am ( sir ) chester aug. 2. 1659. your humble servant george booth . the observator, upon the successe of former parliaments: being by way of parralell compared with this present parliament. published to un-deceive the people. discourse concerning the successe of former parliaments. may, thomas, 1595-1650. this text is an enriched version of the tcp digital transcription a50369 of text r202948 in the english short title catalog (wing m1411b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 17 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a50369 wing m1411b estc r202948 99825203 99825203 29580 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a50369) transcribed from: (early english books online ; image set 29580) images scanned from microfilm: (early english books, 1641-1700 ; 1764:3) the observator, upon the successe of former parliaments: being by way of parralell compared with this present parliament. published to un-deceive the people. discourse concerning the successe of former parliaments. may, thomas, 1595-1650. [8] p. printed for i.h. and h. vvhite, londn [sic] : 1643. the observator = thomas may. originally published in 1642 as: a discourse concerning the successe of former parliaments. reproduction of the original in the henry e. huntington library and art gallery. eng england and wales. -parliament -early works to 1800. great britain -history -1066-1687 -early works to 1800. a50369 r202948 (wing m1411b). civilwar no the observator, upon the successe of former parliaments: being by way of parralell compared with this present parliament. published to un-de may, thomas 1643 2987 6 0 0 0 0 0 20 c the rate of 20 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2005-06 tcp assigned for keying and markup 2005-06 apex covantage keyed and coded from proquest page images 2005-07 mona logarbo sampled and proofread 2005-07 mona logarbo text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion the observator , upon the successe of former parliaments : being by way of parralell compared with this present parliament . published to un-deceive the people . londn printed for i. h. and h. vvhite . 1643. the observator , vpon the successe of former parliaments . the constitution of our english monarchy is by wise men esteemed one of the best in europe , as well for the strength and honour of the prince , as the security and freedome of the peopl and the basis , on which both are founded , is the conveniencie of that great councell , the parliament . without which neither can the prince enjoy that honour and felicity , that phillip de commines . a forrainer , so much admires , where he delivers what advantages the kings of england have by that representative body of their people by whose assistance in any action they can neither want means , or loose reputation . nor on the other side , can the people have any possibility of pleading their own rights and liberties , for in the interim between parliaments , the people are too scattered and confused a body , to appeare in vindication of their proper interests ; and by too long absence of such assemblies they would loose all ▪ for ( as iunius observes ) populus authoritatem suam tacitè non utendo amittit ; sic plerumque accidit ut quod omnes curare tenentur curat nemo , quod omnibus commissum est , nemo sibi commendatum putet : the people insensibly loose their power for want of using it : for so it happens , that what all should looke after , no man does ; what is committed to all , no man thinks his own charge . and in that interim it happens , that those optimates regni , who under the prince are entrusted with government , meaning councellours , judges , and other great magistrates , either through fear , flatterie , or private corruption , doe often betray the peoples rights to the prince . the state of government standing thus ; if distempered times happen to be ( as our chronicles have shewed some ) where by dissention between prince and people , the kingdomes ruin hath been endangered , it doth not so much prove that the english government is not the best , as that the best government may be abused . for in every monarchy , how limited soever , the prince his person is invested with so much majesty , that it would seem a mockery in sate , if there were no considerable power entrusted into his hands ; yea , so much as that , if he be bad or weak , he may endanger the ruin of the kingdome ; so necessary is it for all humane ordinances , how wise so ever , to leave somewhat to chance ▪ and to have alwaies need of recourse to god , for his assisting or curing providence . and though the kingdome of england , by vertue of the government thereof , will be as hardly brought into confusion , as any in europe ; yet there is no warrant against the possibility of it . for it was ever heretofore seen , that our parliaments were rather a strength and advantage to an honourable wife prince , than a remedy against a bad or weak one ; or if we change the expression , they were rather an excellent diet , to preserve a good raign in strength , than physick to cure a bad one ; and therefore have bin as much loved by sound and healthy princes , as loathed by them that were out of temper ; the latter having thought them a depression of their dignity as the former have esteemed them an advantage to their strength . so that in such times only the true convenience of that great counsell hath been perceived by england , and admir'd by forrain authors : in the other times it was that those witty complaints have bin in fashion , ( as sir robert cotton speaks of a bad time ) that princes in parliaments are lesse then they should be , and subjects greater . but on the contrary , that they have been an advantage unto kings , the constant series of our history will shew . 1. by those great atchievments which they have enabled our wise kings to make , who were most constant in calling them , and consenting to them . 2. that no one prince was ever yet happy without the use of them . it may therefore seem a paradox , that any prince should disaffect that which is so high an advantage to him , and a great wonder , that some kings of england , not vicious in their dispositions , nor very shallow in their understandings , have so much kicked against parliaments . and that such have been ( before we shew what reasons may be of it ) see the characters of some princes , whose successe and fortunes are known ●o all that read the histories , as they are delivered by polidore virgil , who in his sixteenth booke speaks thus of henry the third : fuit ingenio miti , animo magis nobili quam magno , cultor religionis , adversus inopes liberalis . he was of a gentle nature ▪ a mind rather noble then great , a lover of religion , and liberall to the poor . in his eighteenth book thus of edward the second ; fuit illi natura bona , ingenium mite , quem primò juvenili errore actum in leviora vitia incidentem , tandem in graviora malorum consuetudines & consilia traxerunt . non deerant illi animi vires , si repudiatis malis suasoribus ille justè exercuisset . he was of a good nature and mild disposition , who first by the errours and rashnesse of youth , falling into small faults , was afterwards drawn into greater , by the society and counsels of wicked men , there was not wanting in him a strength of mind , if avoiding evill counsell , he could have made a just use of it . and in his twentieth book , thus of richard the second ; fuit in illo spiritus non vilis , quem consociorum improbitas , & insulsitas extinxit . he was of a spirit not low or base , but such as was quite destroyed by the wickednesse and folly of unhappy consociates . a reason of this accident may be , that their soules , though not vicions , have not been so large , nor their affections so publike , as their great calling hath required ; but being too much mancipated to private fancies , and unhappy favourites , and long flattered in those affections under the specious name of firmnesse in friendship , ( not being told that the adaequate object of a prince his love should be the whole people , and that they who receive publike honour , should return a generall love and care ) they have too much neglected the kingdome , & grow afraid to looke their faces in so true a glasse as a parliament , and flying the remedy , encrease the disease , till it come to that unhappy height , that rather then acknowledge any unjust action , they strive for an unjust power to give it countenance , and so by along consepuence become hardly reconcilable to a parliamentary way . such princes have beene a greater affliction to this kingdom , than those who haye been most wicked , and more incureable for these reasons . 1. they have not been so conscious to themselves of great crimes , and therefore not so apt to be sensible of what they have bin made to do by evill councell ; and therefore they are more prone to suspect the people as unkind to them , then themselves as faulty , and so the more hardly drawn to repent their actions , or meet heartily with a parliament . 2. the people looke with honour upon the prince , and when they find but few personall vices in him , will hardly be brought to think , though themselves feel and suffer for it , that he is faulty ; and therefore sometimes ( which would hardly be believed , if experience had not shewed it ) the people have bin so rash as that to maintain for the king an unjust prerogative , which themselves understand not , they have to their own ruin , and the kings too ( as it hath after proved ) disserted that great councell whom themselves have chosen , add by whom only they could be preserved in their just rights , ; untill too late , they have seen and repented their folly . such a dissertion was too sadly seen at the breaking up of that parliament of edward the second , where his favourites the two spencers were banished , and the tragical effects that followed , when the king found so great a party of the clergy and layity , as enabled him to call home his banished favourites ▪ and proved fatall to so many parliamentary lords , as the like execution of nobility had never before been seen in england : over whose graves the people afterwards wept when it was too late , and proceeded further in their revenge , then became the duty and allegiance of subjects . it is therefore a great mis-fortune to england , and almost a certain calamity , when the distempers of government have been let grow so long , as that for their cure they must need a long parliament . for there are no wayes , how just , how moderate soever they be , which that great councell can take ( if they go far enough to make the cure ) but will provoke , either by the meanes , or the length of them , the prince his impatience , or the peoples inconstancy . for the first ; the delinquents must needs be many and great , and those employed , and perchance highly favoured by him , besides the reflexion which is made upon his judgement by their sufferings , and that will be one reason of his impatience . another is that many prerogatives which were not indeed inherent in the crown , but so thought by the prince , and by him and his bad councell long abused , to the prejudice of the people , with some seeming advantage to him ▪ ( though well weighed they brought none ) are then after a long sufferance called in question . for the people are used to entrust kind princes with many of their own priviledges and rights , and never call for them again till they have been extreamly abused . but at such a time to make all cleare after so long a reckoning ( and those long reckonings in state being commonly fatall ; for parliaments have seldome been disconntinued , but by such princes whose government in the interim have been very illegall ) they usually question so much , as that the prince thinkes himselfe hardly dealt withall , such a prince as we spoke of , who not bad in himselfe , but long misled by wicked counsell , was not enough sensible of the injuries he had done . the second obstacle that such parliaments may find is the peoples inconstancy ; and what age is not full of such examples which before we name , let us consider whether there be any reason for it ? this perchance may be one , that the people naturally are lovers of novelty . long discontinued and reforming parliaments seemes to carry the face of a change of government , and those things may then happen which do in the shift of princes , that some people may for a while flatter themselves with new and strange hopes , that prove frustrate , or else with quicker redresses of inconvenience , then the great concurrence of so many weighty businesses can possibly admit , how industrious soever that great councell be , distracted with so great a variety ; and the people after some time spent , grow weary again of what they before had so long wished to see . besides , the people are more and more poisoned dayly by the discourses of the kindred , friends , and retainers to so many delinquents , as must needs be at such a parliament : who , though they be no considerable party in respect of the whole common-wealth , yet ply their particular interests with more eagernesse than most do the publike . they subtilly perswade the people , that what ever the parliament does against those delinquents is a ymed at the kings honour , and that he is wounded through their sides . and this opinion is somewhat furthred when the people see how many prerogatives of the prince ; ( as wee said before ) are after long enjoying called in question . so that by this meanes their inconstancy seemes to be grounded upon loyalty to the king , and they perchance with honest , but deceived hearts ) grow wearie of the great councell of the land . another reason may be , that the prince himselfe averse from such a parliament , for the reasons aforesaid , can find power enough to retard their proceedings , and keepe off the cure of state so long , till the people tired with expectation of it . have by degrees forgot the sharpnesse of those diseases , which before required it . by this meanes at last , accidentally a miracle hath been wrought after along parliament , which is , that the people have taken part with the great delinquents against the parliament , for no other reason , than because those delinquents had done them more wrong then the parliament could sudenly redress . and so the multitude of those great delinquents crimes have turned to their own advantage . but in such reforming parliaments , upon whom so much businesse lyes , not only the inconstancy of the people hath been seen in history , but the unstedfastnesse of the representative body it selfe : and the distractions of that assembly , whilst they forsake each other under so great a burden , have let that burden fall dishonourably to the ground . the most unhappy instance in this case , was that parliament of richard the second , begun at westminster , and adjourned to shrewsbury , in the nineteenth year of his reigne ; a parliament that difcharged their trust the worst of any that i read of ; where there was as much need of constancy and magnanimity as ever was , to redresse those great distempers which were then grown upon the state ; and as much mischiefe ensued by their default , both upon prince and people , which might have been well prevented , and his happinesse wrought together with their own ( in the judgement of best writers ) if they had timely and constantly joyned together in maintaining the true rights of parliament ; and resisting the ilegall desires of their seduced king . but being fatally distracted , the major part of lords and bishops , wrought upon by the king , and the house of commons being too far prevailed with by bushy the speaker , and his instruments , they utterly disserted the common-wealth , and looking only upon the kings present desire , assented to such things as made the prerogative a thing boundlesse ; that he himselfe ( as the story reports ) was heard glorying to say , there was no true monarch in europe but himselfe . vpon which the same bad councell which before had brought him out of love with parliaments , brought him to as great an abuse of that power which he had now gotten over a parliament . and then followed the blank-charters , and other horrid extortions , besides the suffering of some lords whom the people most loved , and shortly after , by a sad consequence , his own ruin . nor do we read that any of those lords who under the colour of loyalty and love , ( as they called it ) to his person , had trodden down the power and priviledge of a parliament under his feet , had afterwards so much loyalty to him , as to defend his crown and person against an vsurper , who without any resistance or contradiction unjustly ascended the royall throne , the sad occasion of that miserable and civill war , which in the following ages so long afflicted the kingdome of england . this was the worst example of any parliament , but in other times , they have proved better physicke then any other earthly meanes could be ; yet their greatest vertue and excellency is seen , when they have been used as a diet by honourable and just princes , such as this nation hath been sometimes blest with ; and such who have thought it no disparagement or depression of their dignity , to be ruled by the sway of that great and honourable councell , then a wise guider of a ship would thinke it to follow his compasse , or any mathematician to be directed by his necessary rules and instruments . finis . thursday, january 5. 1659. resolved, that upon the whole matter of the report touching absent members, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a83457 of text r211446 in the english short title catalog (thomason 669.f.22[59]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 1 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83457 wing e2262 thomason 669.f.22[59] estc r211446 99870171 99870171 163641 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83457) transcribed from: (early english books online ; image set 163641) images scanned from microfilm: (thomason tracts ; 247:669f22[59]) thursday, january 5. 1659. resolved, that upon the whole matter of the report touching absent members, ... england and wales. parliament. 1 sheet ([1] p.) printed by john streater, and john macock, printers to the parliament, london : 1659. [i.e. 1660] title from caption and first line of text. a resolution of parliament, "that the members who stand discharged from voting or sitting as members of this house in the years 1648, 1649, do stand duely discharged from sitting as members of this parliament." annotation on thomason copy: "jan: 6:". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a83457 r211446 (thomason 669.f.22[59]). civilwar no thursday, january 5. 1659. resolved, that upon the whole matter of the report touching absent members, ... england and wales. parliament. 1659 128 1 0 0 0 0 0 78 d the rate of 78 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-12 mona logarbo sampled and proofread 2007-12 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion blazon or coat of arms thursday , january 5. 1659. resolved , that upon the whole matter of the report touching absent members , the parliament doth adjudge and declare , that the members who stand discharged from voting or sitting as members of this house , in the years 1648. 1649. do stand duely discharged by iudgment of parliament , from sitting as members of this parliament ▪ during this parliament . and it is ordered , that writs do issue forth for electing new members in their places . ordered by the parliament , that this vote be forthwith printed and published . thomas st nicholas , clerk of the parliament . london , printed by john streater , and john macock , printers to the parliament , 1659. to the right honourable the high court of parliament. the humble petition of edward hanchett, usher of the late court of wards and liveries. hanchett, edward. this text is an enriched version of the tcp digital transcription a87062 of text r212126 in the english short title catalog (thomason 669.f.19[47]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a87062 wing h639 thomason 669.f.19[47] estc r212126 99870774 99870774 163384 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a87062) transcribed from: (early english books online ; image set 163384) images scanned from microfilm: (thomason tracts ; 246:669f19[47]) to the right honourable the high court of parliament. the humble petition of edward hanchett, usher of the late court of wards and liveries. hanchett, edward. 1 sheet ([1] p.) s.n., [london : 1654] imprint from wing. annotation on thomason copy: "decemb. 1654". reproduction of the original in the british library. eng england and wales. -court of wards and liveries -early works to 1800. debt, imprisonment for -england -early works to 1800. a87062 r212126 (thomason 669.f.19[47]). civilwar no to the right honourable the high court of parliament. the humble petition of edward hanchett, usher of the late court of wards and liveries. hanchett, edward. 1654 457 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-09 apex covantage keyed and coded from proquest page images 2007-10 emma (leeson) huber sampled and proofread 2007-10 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the right honourable the high court of parliament . the humble petition of edward hanchett , vsher of the late court of wards and liveries . humbly sheweth unto your honours , that your petitioner did purchase the office of usher to the court , to him and his heirs for ever , at the rate of 4000 l. it being an office of inheritance granted by letters patents under the great seale of england . about 4. yeares after that your petitioner was possessed of the said office , the high court of parliament were pleased to take away the said court , but in their justice thought fit , that the officers of the court which had their places by letters patents under the great seale of england , should have a competent satisfaction for the losse of their offices , and in order thereunto , referred it to a committee of their own members to consider and make allowances to the severall officers , who did upon serious consideration allow to your petitioner the sum of 3500 l. for the losse of his said office . the great officers of the said court were members of parliament , and did procure the satisfaction allotted to them ; your petitioner had the same justice for him , but not the same friends . notwithstanding the said order and vote of the house , and your petitioners constant , and faithfull adhering to the cause and interest of the parliament , even in their greatest extremities , your petitioner being sent for by the late king to execute his office at oxford , upon paine of losing it , and refused to go , to the hazard of his utter undoing , if the king had prevailed , and your petitioner as yet hath had no recompence . your petitioner borrowed a great part of the money that purchased the said office ; upon the dissolution of the court your petitioner was disabled to pay his debts , and was soon after clapped up prisoner in the upper bench , and there hath remained ever since , to his utter ruine and destruction , having sold all his goods and personall estate to maintain himselfe and his wife , and satisfie his creditors what he could , that now your petitioner is in a very said condition , not able to subsist , his friends having been wearied with so long supplying his great wants and necessities , unlesse this honourable parliament be pleased to consider his cause that crieth for their justice , and afford him such reliefe as their wisdomes shall think convenient . and your petitioner shall ever pray , &c. the names of the lords spiritual and temporal who deserted, (not protested) against the vote in the house of peers, the sixth instant, against the word abducated, and the throne vacant, in the same method as they entred their names in the journal book england and wales. parliament. house of lords. 1689 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a52529 wing n141 estc r3401 12244846 ocm 12244846 56911 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a52529) transcribed from: (early english books online ; image set 56911) images scanned from microfilm: (early english books, 1641-1700 ; 872:14) the names of the lords spiritual and temporal who deserted, (not protested) against the vote in the house of peers, the sixth instant, against the word abducated, and the throne vacant, in the same method as they entred their names in the journal book england and wales. parliament. house of lords. 1 sheet ([1] p.) printed for j. newton, london : 1688/9. reproduction of original in huntington library. broadside. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. -house of lords. great britain -politics and government -1660-1714 broadsides 2007-12 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-02 jason colman sampled and proofread 2008-02 jason colman text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the names of the lords spiritual and temporal who deserted , [ not protested ] against the vote in the house of peers , the sixth instant , against the word abducated , and the throne vacant , in the same method as they entred their names in the journal book . somerset . exeter . clarendon . bp. of winchester . a. bp. of york . bp. of lincoln . aylsbury . bp. of norwich . bp. of chichester . bp. bath and wells . bp. of st. davids . bp. of peterborough . bp. of gloucester . nottingham . litchsield . rochester . feversham . berckley . bp. of landaff . dartmouth . grissin . bp. of bristol . pembrook . ormond . beauford . brook. jermayne . scarsdale . maynard . northumberland . arundel . chandois . leigh . delaware . grafton . abingdon . craven . a form of settling the crown and succession agreed on in the house of commons , and by them communicated to the house of lords for their concurrence . having therefore an intire confidence , that his highness the prince of orange , will perfect the deliverance so far advanced by him , and will still preserve them from the violation of their rights which they have asserted , and from all attempts upon their religion , lives , and liberties , the said lords and commons , do declare and proclaim , that the said prince and princess of orange , be proclaimed and declared king and queen of england , france and ireland , and the dominions thereunto belonging , to hold the crown and royal dignity of the said kingdom and dominions , to them the said prince and princess , during their royal lives , and the longer liver of them , and that the administration of the government be only in and executed by the said prince of orange , in the names of the said prince and princess during their lives ; and after their decease , the said crown and royal dignity of the said kingdoms and dominions , to the heirs of the bodies of the prince and princess ; and in default of such , to the princess , and the heirs of her body ; and in default of such , to the princess of denmark , and the heirs of her body ; and in case of such default , to the heirs of the body of the prince of orange ; and the lords and commons pray the prince and princess of orange , to accept of the same . and that the oaths mentioned in our last , be taken by all the persons of whom the oaths of allegiance may be required by law ; and that the oaths of allegiance to king james the second be abrogated . london , printed for j. newton , 1688 / 9. a necessary and seasonable caution, concerning elections this text is an enriched version of the tcp digital transcription a87892 of text r211738 in the english short title catalog (thomason 669.f.24[32]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a87892 wing l1277a thomason 669.f.24[32] estc r211730 estc r211738 99870436 99870436 163763 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a87892) transcribed from: (early english books online ; image set 163763) images scanned from microfilm: (thomason tracts ; 247:669f24[32]) a necessary and seasonable caution, concerning elections l'estrange, roger, sir, 1616-1704, attributed name. 1 sheet ([1] p.) s.n., [london : 1660] anonymous; attributed to roger l'estrange. place of publication from wing. annotation on thomason copy: "march 24. 1659". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. church of england -government -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a87892 r211738 (thomason 669.f.24[32]). civilwar no a necessary and seasonable caution, concerning elections. [l'estrange, roger, sir] 1660 396 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-09 apex covantage keyed and coded from proquest page images 2007-10 emma (leeson) huber sampled and proofread 2007-10 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a necessary and seasonable caution , concerning elections . the miserable dissettlement of this nation , arising principally from abuse of trust , practised by those persons , whom we chose to represent the people ; it concerns us now at last , to provide warily against future inconveniences , by a more diligent examination , and knowledge of those we elect for the time to come . we find the nation impoverished ; the government both of church and state dissolved ; and all the supports of a publique magistracy devoured , by those very people , who instead of freeing us from small and few miscariages , have notoriously exercised over us ( themselves ) the greatest oppressions imaginable . for prevention of the like evils hereafter , we are to be very wary how we chose ; — 1. such persons as preach without a call , and deliver the delusions of satan , for the inspirations of the holy spirit ; ( we may know the tree by its fruits . ) 2. such as either out of fear , or interest , sacrifice the publique good to passion , or benefit , shifting from party , to party ; this day , for the king and parliament ; the next , pensioners to the protectour ; the third for the rump ; the fourth , for any thing that comes next . under this notion , i comprize such as make use of a parliament-privilege to elude creditours , to detain ill-gotten possessions , and to put themselves out of the reach of the law ; thereby hindering the due course of proceedings against them . 3. and lastly , take heed of choosing any persons that have already falsified their trust , — by engaging in illegal close committees : — in any relation whatsoever of malice towards the late king — in purchasers , or sellers of the publique revenues : — in vsurped impositions upon the people . in short , such , as have at the price of an universal ruine , enriched themselves ; and layd the foundations of their new babel , in sacrilege , perjury , murther , and treason . this may suffice for a caution to all such , as are not resolved upon beggery , and bondage . a letter from the bishop of rochester, to the right honourable the earl of dorset and middlesex, lord-chamberlain of his majesties houshold concerning his sitting in the late ecclesiastical commission. sprat, thomas, 1635-1713. 1688 approx. 14 kb of xml-encoded text transcribed from 12 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-03 (eebo-tcp phase 1). a61159 wing s5033 estc r24609 08254178 ocm 08254178 41217 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a61159) transcribed from: (early english books online ; image set 41217) images scanned from microfilm: (early english books, 1641-1700 ; 1241:5) a letter from the bishop of rochester, to the right honourable the earl of dorset and middlesex, lord-chamberlain of his majesties houshold concerning his sitting in the late ecclesiastical commission. sprat, thomas, 1635-1713. 20 p. printed by edw. jones, [london?] : 1688. reproduction of original in the union theological seminary library, new york. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dorset, charles sackville, -earl of, 1638?-1706. church of england -government. england and wales. -ecclesiastical commission (1686) 2002-10 tcp assigned for keying and markup 2002-11 spi global keyed and coded from proquest page images 2002-12 mona logarbo sampled and proofread 2002-12 mona logarbo text and markup reviewed and edited 2003-02 pfs batch review (qc) and xml conversion a letter from the bishop of rochester , to the right honourable the earl of dorset and middlesex , lord-chamberlain of his majesties houshold , concerning his sitting in the late ecclesiastical commission . in the savoy : printed by edw. iones . mdclxxxviii . a letter from the bishop of rochester , to the right honourable the earl of dorset and middlesex , &c. my lord , i think i should be wanting to my self at this time , in my own necessary vindication , should i forbear any longer , to give my friends a true account of my behaviour in the late ecclesiastical commission . though i profess , what i shall now say , i only intend as a reasonable mitigation of the offence i have given , not entirely to justifie my sitting in that court ; for which , i acknowledge , i have deservedly incurr'd the censure of many good men : and i wish i may ever be able to make a sufficient amends to my country for it . yet thus much , my lord , i can justly alledge for my self , that the commission was made , and my name put into it , altogether without my knowledge ; when i hapen'd to be at salisbury , holding an archiepiscopal visitation with the bishop of chichester , and other commissioners : where , by god's blessing , we composed several old differences and animosities , and restored peace and unity to that church . at my return from thence to london , i found i was appointed to be one in a new commission : but i could never see a copy of it , nor did i ever hear its contents , or know the powers granted in it , till the time of its being publicly open'd at whitehal ; whither i was sent for , on purpose , in haste , that very morning , from my house in the country ; being just come home from a confirmation , and from paying my duty to her royal highness the princess of denmark at tunbridge . upon the first publishing the commission , i confess , through my ignorance in the laws , i had little or no objection in my thoughts against the legality of it ; especially when i confider'd , that having past the broad seal , it must needs , according to my apprehension , have been examin'd and approved by the king 's learned council in the law , men generally esteemed of eminent skill in their profession . besides , i was farther confirm'd ( though too rashly i grant ) in my error , when i saw two gentlemen of the long robe , persons of the greatest place and authority in westminster-hall , joyned with us ; who , i should have thought , would never have ventur'd their fortunes and reputations , by exercising a jurisdiction that was illegal . and i believ'd i had reason to conclude , that this very argument might prevail also with some others of the temporal lords , that sate among us . particularly the earl of rochester has often assur'd me , 't was that which induc'd him to accept of the commission ; and that he did it , as i my self did , with a purpose of doing as much good as we were able , and of hindring as much evil , as we possibly could , in that unfortunate juncture of affairs . as for my own part , i was startled when i perceived my lord of canterbury scrupled to be present with us ; whose example , 't is true , i ought rather to have followed than the greatest lawyers in all matters of conscience . yet i hope his grace will excuse me , if i declare , that i did not at first know he made a matter of conscience of it . nor did i understand his grace took exception at the lawfulness of the commission it self , till after my lord of london was cited , and had appear'd , and answer'd , and the unjust sentence was past against him . for it was on the very day the commission was open'd , immediately , as i remember , after it was read , that my lord of london was inform'd against , for not suspending dr. sharp : which , though it exceedingly surpriz'd me at first , yet observing with what heat the prosecution was like to be carryed on against him , that very consideration did the more incline me to sit and act there , that i might be in some capacity of doing right to his lordship . and whether i did him any service through the whole process of his cause , i leave it to my lord himself to judge . that i gave my positive vote for his acquittal , both the times when his suspension came in question , i suppose i need not tell the world. having thus , in the beginning of that court , and the highest ferment of it , freely discharg'd my conscience , by endeavouring to clear my lord of london , i must own , i thenceforth unawares took a resolution , which , how hurtful soever it may now prove to my self , yet i am still apt to believe , did the church of england no disservice in the main . my design , by continuing longer among them , was to make sure of one vote at least , and to do my part , to the utmost of my small interest and ability , to lessen the blow which i fear'd was coming on the clergy , since it could not altogether be avoided . and i was the more persuaded to take this course , not only because the legality or illegality of the commission seem'd at first rather a moot-case , than a determin'd point either way ; divers of the principal lawyers , as i was told , being divided in their opinions concerning it ; but also because i saw , some other persons were ready to fill my chair there , as soon as it should be empty ; men of whose principles and practices i was so well aware , that i knew they wou●d not have the same regard as my self for the churches preservation . and perhaps i might add this further for the extenuation of my fault , that i was not discouraged by some grave and worthy persons , for this very purpose , to keep in some longer time : but i forbear to name them , that i may not involve any good man in my infelicity . however , upon these motives i acted , and , in pursuance of this design , god knows , i voted , as long as i remained at the board : where all my opinions were so contrary to the humour of the court , that i often thought my self to be really in as much hazard from the commission it self , by my not complying , as any of my brethren could be , that were out of it . i appeal to all that were acquainted with the transactions there , whether ever i gave my consent to any irregular or arbitrary sentence ; whether i did not constantly and firmly declare against every extravagant decree . i could almost presume to affirm , that i was , as far as in me lay , some way or other , a common sollicitor , or advocate for all that were unjustly prosecuted before them . and i might exemplifie this beyond all contradiction , if i should enumerate every particular cause , that came under their cognizance . after my lord of london was sentenced , his lordship knows , i was always upon the watch to obstruct all farther proceedings against him . nay , his lordship well remembers , i had once obtained to have his suspension taken off , if he would but have made an ordinary submission . then i was zealous for exeter-college , in their defence against father petre , in a business of so great importance , that if the college had been overcome in the suit , that whole society must soon have been abandoned to popery . i did my utmost to oppose the violent persecution upon the whole university of cambridge ; when the vice-chancellor was suspended his office , and his mastership of magdalen-college , because a popish priest , who was one of the missionaries to pervert the scholars , was denied a degree in their convocation . i faithfully assisted and served christ-church in oxford , when they were in danger of having new statutes imposed upon them , which would infallibly have laid open that royal college , to the ruine of their good learning and religion . i absolutely resisted all the alterations in the statutes of sidney-college , and all other changes and abrogations of oaths , that were then made or designed in the statutes of either university , for the advantage of popish priests and students , and for the freer course of mandamus's in their favour . i ever gave my advice for all sorts of business , to be return'd into the common course of justice ; as that all ecclesiastical matters should be referred back to the several bishops from whose dioceses the complaints were brought ; and that all informations against colleges and hospitals should be recommitted to their proper visitors . i persisted unmoveable in my dissent from every vote that passed against magdalen-college in oxford ; from their very first citation before that court , to the cruel incapacitating of the president and fellows . i could mention many other particulars , wherein i successfully labour'd to relieve divers of the inferior and greater clergy from oppression ; to prevent some from being call'd before us at all ; to preserve others after they were accused by malicious sycophants and informers , that swarm'd then every where : some in the case of tythes ; some for pressing churchwardens to take legal oaths ; some for not reading , some for preaching against the king's declaration . but there are two eminent instances , which i cannot omit . the one , that when the bishop of lincoln was petition'd against by his arch-deacon , and there was , at that time , inclination enough in the court to pursue him to extremity , yet my lord bishop of peterburgh , by interceding for him with the king , and i with the commissioners , so effectually wrought , that the prosecution against him was discountenanced and fell to the ground . the other instance concerns my lord of canterbury ; and i am confident his grace will readily give me this testimony , that i served him honestly and industriously on some occasions , wherein he was like to be embroiled with the commission ; which must inevitably have ended in his grace's suspension at least , since he was resolved , whenever he should be brought before them , whatever the pretence had been , to deny the whole power and jurisdiction of the court. as for the last scene transacted there , which was in order to censure the whole clergy , for refusing to read the declaration : in that i hope i need say nothing in my defence , it being publicly known to the whole nation , how i then demean'd my self ; how i broke loose from the commission in a time , when i was convinced i could do the church no farther service there , and when the popish party was in the height of their power and rage . then it was that i joyned my self again to the common interest of the honest clergy , just when they were on the very brink of destruction , before we ever dream'd of this glorious deliverance . this is certain , that my leaving and defying the commission at that time , did apparently exasperate the popish priests , and the ring-leaders of the jesuitical faction against me , to the highest degree imaginable . nay , some worthy men have made me almost so vain as to fancy , that my bidding the commission then farewel in so public and peremptory a manner , was no inconsiderable stroke towards the dissolution of the commission it self . it is evident , that immediately upon the receit of my letter , wherein i renounc'd them , they adjourned in confusion for six months , and scarce ever met afterwards . thus far i am sure , my perpetual behaviour therein , was so much all of a piece , so directly against the vogue of the court , and the counsels of popery then prevailing ; and the effects of it did so visibly destroy my former interest with the king , that whereas it is manifest , i was , when the commission began , in as fair a probability as any clergy-man in england , to receive great effects of his majesties favour ; yet after my opposing my lord bishop of london's suspension , and my other votes conformable to that , i fell by degrees under his severe displeasure . i might add moreover , that it is very probable , i was at last in more imminent danger than any of my brethren ; i say , my lord , than any of my brethren , the seven petitioning bishops , and my lord of london only excepted ; whose merits and sufferings , in asserting our laws and religion , were so conspicuous , and by consequence the fury of the papists against them so implacable , that perhaps it would be presumption in any other clergy-man , much more in me , to come in competition with them for either of those honours . upon the whole matter therefore , tho' as to the legal part of the commission , which belong'd to lawyers to judge of , i was mistaken , for acting in it at all : yet in the conscientious part , which properly concern'd me as a divine , to act in it honestly and sincerely , according to the best of my judgment , in that , if i shall not be thought to deserve thanks , yet i hope i may obtain pardon from all men of candor and ingenuity . my lord , i know your lordship's generosity and tender concern for your friends , whereof i have had so much experience , will excuse me for troubling you with this my long confession and apology , for my share in the ecclesiastical commission . i wholly submit it to your lordship's prudence and kindness , to make what use of it you please in my behalf . only , this i will say , that if i had as good a cause for you to plead , as i have in your lordship a patron to defend me , i should not have an enemy in all england . westminster , feb. 21 , 1688. my lord , i am your lordship's most faithful , humble , and obedient servant , tho. roffen . finis . a declaration of the parliament assembled at westminster. whereas the parliament of this commonwealth having, through the eminent favour and mercy of god, sate many years in the performance of the trust reposed in them by the people, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a82736 of text r211168 in the english short title catalog (thomason 669.f.21[30]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a82736 wing e1490a thomason 669.f.21[30] estc r211168 99869900 99869900 163525 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a82736) transcribed from: (early english books online ; image set 163525) images scanned from microfilm: (thomason tracts ; 247:669f21[30]) a declaration of the parliament assembled at westminster. whereas the parliament of this commonwealth having, through the eminent favour and mercy of god, sate many years in the performance of the trust reposed in them by the people, ... england and wales. parliament. 1 sheet ([1] p.) printed by john field, and are to be sold at the seven stars in fleetstreet over against dunstans church, london : 1659. title from caption and opening words of text. describing the proceedings which lead to the return of the members of the long parliament, and asserting their determination to stand by the good old cause. dated at end: saturday the 7th of may 1659. signed: jo. phelpes, clerk of the parliament pro tempore. reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a82736 r211168 (thomason 669.f.21[30]). civilwar no a declaration of the parliament assembled at westminster. whereas the parliament of this commonwealth having, through the eminent favour and england and wales. parliament. 1659 652 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 mona logarbo sampled and proofread 2007-11 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a declaration of the parliament assembled at westminster . whereas the parliament of this commonwealth having , through the eminent favour and mercy of god , sate many years in the performance of the trust reposed in them by the people , whose representatives they are ; and being in the prosecution of that duty assembled in parliament at westminster upon the 20th day of april 1653. were then interrupted and forced out of the house from that time until this present day . and whereas the officers of the army raised by this parliament , calling to minde that the same parliament , consisting of the members which continued to sit until the 20th of april 1653. were assertors of the good old cause , and had a special presence of god with them , and were signally blessed in that work , did adjudge it their duty ( the desires of many good people concurring with them therein ) to invite the aforesaid members to return to the exercise and discharge of their trust , as before the said 20th of april 1653. and for the effecting thereof , the lord lambert , with divers other officers of the army , in the name of the lord fleetwood and councel of officers of the army , did upon the 6th day of may 1659. resort unto the speaker of the said parliament , and in the presence of many of the said members of parliament presented a declaration , containing their earnest desire , that the parliament , consisting of those members who continued to sit since the year 1648. until the 20th of april 1653. would return to the exercise and discharge of their trust , promising their readiness in their places , as became them , to yield their utmost assistance to them to sit in safety , for improving the present opportunity for setling and securing the peace and freedom of this commonwealth , praying for the presence and blessing of god upon their endeavours . whereupon the speaker , with the aforesaid members of parliament , resolved to meet at westminster the next morning , giving notice to others of their fellow-members of such their intention : and accordingly the speaker , with the said members , being assembled at westminster the 7th of may 1659. found it a duty incumbent on them , not to neglect this opportunity , which the wonderful and ( as they hope ) the gracious providence of god hath held forth unto them , for the prosecution of what yet remains of their great trust . all which the parliament taking into their consideration , do declare , that they are resolved ( through the gracious assistance of almighty god ) to apply themselves to the faithful discharge of the trust reposed in them , and to endeavour the settlement of this commonwealth upon such a foundation , as may assert , establish and secure the property and liberties of the people in reference unto all , both as men and as christians , and that without a single person , kingship or house of peers : and shall vigorously endeavour the carrying on of reformation so much desired , and so often declared for , to the end there may be a godly and faithful magistracy and ministry upheld and maintained in these nations , to the glory and praise of our lord iesus christ , and to the reviving and making glad the hearts of the upright in the land . saturday the 7th of may 1659. ordered by the parliament , that this declaration be forthwith printed and published . jo . phelpes clerk of the parliament pro tempore . london , printed by john field , and are to be sold at the seven stars in fleetstreet over against dunstans church , 1659. a declaration of the lords and commons assembled in parliament. that none shall be elected into any office whatsoever, that hath been in the kings army, ayding or assisting the enemy against the parliament, within the kingdom of england, dominion of wales, and town of berwicke. die jovis 9 septemb. 1647. england and wales. parliament. this text is an enriched version of the tcp digital transcription a82712 of text r210647 in the english short title catalog (thomason 669.f.11[80]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a82712 wing e1465 thomason 669.f.11[80] estc r210647 99869425 99869425 162732 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a82712) transcribed from: (early english books online ; image set 162732) images scanned from microfilm: (thomason tracts ; 246:669f11[80]) a declaration of the lords and commons assembled in parliament. that none shall be elected into any office whatsoever, that hath been in the kings army, ayding or assisting the enemy against the parliament, within the kingdom of england, dominion of wales, and town of berwicke. die jovis 9 septemb. 1647. england and wales. parliament. 1 sheet ([1] p.) for john wright, at the kings head in the old bailey, printed at london : 1647. no person that hath been in arms against the parliament, etc. may be elected mayor or any officer in england and wales; if elected the election is void. this does not extend to persons who have been discharged from seqestration -cf. steele. order to print signed: jo. brown cler. parliament. annotation on thomason copy: "7ber [i.e. september] 11". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. royalists -england -17th century -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a82712 r210647 (thomason 669.f.11[80]). civilwar no a declaration of the lords and commons assembled in parliament. that none shall be elected into any office whatsoever, that hath been in the england and wales. parliament. 1647 310 1 0 0 0 0 0 32 c the rate of 32 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 emma (leeson) huber sampled and proofread 2007-11 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament . that none shall be elected into any office whatsoever , that hath been in the kings army , ayding or assisting the enemy against the parliament , within the kingdom of england , dominion of wales , and town of b●rwicke . die jovis 9 septemb. 1647. be it declared , ordered , and ordained by the lords and commons in parliament assembled , that no person whatsoever , that hath been in armes against the parliament , or hath been ayding or assisting the forces of the enemy , or hath been , or is sequestred , shall be elected , or constituted mayor , alderman , bailiffe , sheriffe , justice of peace , steward of any court , constable , or any other officer in any county , city , borough , or towne corporate , within the kingdome of england , dominion of wales , and towne of berwicke ; and in case any such persons as aforesaid be elected into any of the offices aforesaid , in any of the aforesaid places ; the lords and commons doe declare all such elections to be voyd and null ; provided , that this shall not extend to any person or persons who have been , or shall be unduely sequestred as delinquents , and have been , or shall be therefore discharged of the said undue sequestration , by both houses of parliament , or by the lords and commons for sequestrations . die jovis 9 septemb. 1647. ordered by the lords assembled in parliament , that this declaration concerning the election of officers be forthwith printed and published . jo. brown cler. parliament . printed at london for john wright , at the kings head in the old bailey . 1647. a congratulatory letter of thanks from the corporation of north allerton in the county of york to their two representatives in parliament upon the advice of the late prorogation; published for an example to the kingdom in general. to sir gilbert gerard. and sir henry calverly. north allerton, january 14. 1680 corporation of north allerton. 1681 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a34274 wing c5818 estc r214953 99826991 99826991 31403 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a34274) transcribed from: (early english books online ; image set 31403) images scanned from microfilm: (early english books, 1641-1700 ; 1845:28) a congratulatory letter of thanks from the corporation of north allerton in the county of york to their two representatives in parliament upon the advice of the late prorogation; published for an example to the kingdom in general. to sir gilbert gerard. and sir henry calverly. north allerton, january 14. 1680 corporation of north allerton. lumbly, richard. lascelles, thomas. 1 sheet ([1] p.) s.n., [s.l. : 1681] signed at end: thomas lascels, richard lumbly with sixty more. caption title; imprint from wing. thanking gerard and calverly for their support of the king. reproduction of the original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng gerard, gilbert, -sir, fl. 1680 -early works to 1800. calverley, henry, -sir, d. 1684 -early works to 1800. england and wales. -parliament -early works to 1800. great britain -history -charles ii, 1660-1685 -early works to 1800. yorkshire (england) -history -early works to 1800. 2008-07 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 john pas sampled and proofread 2008-08 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a congratulatory letter of thanks from the corporation of north allerton in the county of york to their two representatives in parliament upon the advice of the late prorogation ; published for an example to the kingdom in general . to sir gilbert gerard . and sir henry calverly . north allerton , january 14. 1680. the unexpected and suddain news of this days post preventing us from sending those due acknowledgments which the greatness of your services , for the publick good have merited from us : we have no better way ( now left us ) to express our gratitude and the high resentments of your actions , before and in your last sessions of parliament , then to manifest our approbation thereof , by an assurance that if a dissolution of this present parliament happen , since you have evidenced so sufficiently your affections to his majesties royal person , and endeavours for the preserving the protestant religion , our laws and liberties : vve are now resolved , if you are pleased , to comply with us , to continue you as our representatives ; and we do therefore beg your acceptance thereof , and farther that you will continue your station during this porogation , faithfully assuring you that none of us desire to give , or occasion you the expence or trouble of a journey in order to your election , ( if such happen ) being so sensible of the too great expence you have been at already in the careful discharging the trust and confidence reposed in you by gentlemen , sirs , your obliged , faithful friends and servants , thomas lascels , richard lumbly with sixty more good nevves for all true hearted subjects videlicet, the parliament goes on. / written by francis mussell, vintner. mussell, francis. this text is an enriched version of the tcp digital transcription a89432 of text r210184 in the english short title catalog (thomason 669.f.4[22]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a89432 wing m3163 thomason 669.f.4[22] estc r210184 99869004 99869004 160644 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a89432) transcribed from: (early english books online ; image set 160644) images scanned from microfilm: (thomason tracts ; 245:669f4[22]) good nevves for all true hearted subjects videlicet, the parliament goes on. / written by francis mussell, vintner. mussell, francis. 1 sheet ([1] p.) : ill. printed with licence, by r.h. for t.b. and are to be sold at his shop in the old bayly, [london] : 1641. in verse "though times be troublous, yet true peace i bring". reproduction of the original in the british library. eng england and wales. -parliament -poetry -early works to 1800. great britain -history -charles i, 1625-1649 -early works to 1800. a89432 r210184 (thomason 669.f.4[22]). civilwar no good nevves for all true hearted subjects: videlicet, the parliament goes on. / written by francis mussell, vintner. mussell, francis 1641 788 2 0 0 0 0 0 25 c the rate of 25 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-08 aptara keyed and coded from proquest page images 2007-09 emma (leeson) huber sampled and proofread 2007-09 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion good nevves for all true hearted subjects : videlicet , the parliament goes on . written by francis mussell , vintner . though times be troublous , yet true peace i bring to all who feare god , and obey the king . this emblem thus deciphers the intent , what by the ensigne and the booke are meant . the ensigne cleere above his head doth flourish , with joy to shew that god his flock doth nourish . the book presents to us the truth , in which w' are taught of god how to be truly rich : so to exemplifie and keepe out harmes , are barricado'd with the city armes . blest be our god above , whose preservation hath bin to us , to all mens admiration . soli deo gloria depiction of a man holding a banner with the blazon or coat of arms of the city of london good newes , true hearts , heare this , and be no longer sad : though things have bin amisse , yet now we may be glad : some were abusive , and too blame , yet all shall wel e're long reformed be , let 's blesse gods name : the parliament goes on . those that have been ill members in church and common-weale , and prov'd themselves dissemblers , their knaveries to heale , shall plainly be unmaskt , and then must suffer for the wrong , whereby they have opprest poore men , the parliament goes on . some would have brought curs'd popery into this blessed isle , with masses , crosses , foppery , 't was fear'd , within a while . their beads and holy-water were false , and smelt too strong : but better newes came after : the parliament , &c. no tricks of mans inventions can crosse our just desires , though base be the intentions of iesuites and friers , that would obscure , if they knew how , the truth of every tongue ; but they 'l be more discover'd now : the parliament , &c. where sneake your lame projectors that did mens means devour , the common-wealths infectors , whilst they had any power . poor children oft might want their bread , by tricks they snatcht it from them ; but such rascalls names are spred . the parliament , &c. the iudge unjust doth tremble , when truth doth come to light ; nor dares stay to dissemble , but run away by night . the conscience will declare most cleare , what mischiefes men have done ; for now things plainly do appeare , the parliament goes on . such men as have been faithfull to god , king , state , and land , though vitious men be hatefull , yet honest men will stand , to venture coine and goods , nay this , their life , even all they can , for truths sake , and true hearts that wish the parliament goe on . alas we helplesse commons , our hearts began to bleed , to sweare to the new cannons , et caetera , indeed : we might inthral'd our selves thereby if such a thred we'ad spun : but we had grace them to deny , the parliament goes on . thus were we pincht and streitned , nay almost stupify'de in sence , yet now well wakened by the true supreme guide , who never any heart forsakes , which ever rests upon god , and his cares to him betakes : the parliament goes on . to take the protestation , good subjects strive and chuse ; no friends unto our nation i thinke them that refuse . religion must be perfect pure , not wavering to turne , then god will be with us , be sure , the parliament , &c. the king , queen , and royall progeny , god blesse with many yeares . lord , to this nation ne're deny good honest noble peeres ; that wee reposing all our trust , in thee may flourish still : then all our foes shall be acurst , in hatching any ill . the members of our parliament , lord give them happy dayes , with grace and truth , with one consent , direct in all their wayes , that all may for thy glory stand , vnto eternity , lord crowne them in the blessed land , amen , amen , say i. ¶ printed with licence , by r. h. for t. b. and are to be sold at his shop in the old bayly . 1641. notes, typically marginal, from the original text notes for div a89432e-30 2 chr. 15. 2 iam. 1. 2 iam. 1. ● matt ▪ 28. 2 the articles of exeter made on the rendition thereof : with the vote of the honourable house of commons in the approbation of them of the 6 of may, 1646 : with the order and ordinance of the lords and commons in parliament assembled for the approbation, publication, and observation of them by all committees, judges, and officers, aud [sic] others concerned in them of the 4 of this instant novemb, 1647. exeter (england) this text is an enriched version of the tcp digital transcription a25927 of text r28305 in the english short title catalog (wing a3840). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 16 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a25927 wing a3840 estc r28305 10521781 ocm 10521781 45181 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a25927) transcribed from: (early english books online ; image set 45181) images scanned from microfilm: (early english books, 1641-1700 ; 1394:11) the articles of exeter made on the rendition thereof : with the vote of the honourable house of commons in the approbation of them of the 6 of may, 1646 : with the order and ordinance of the lords and commons in parliament assembled for the approbation, publication, and observation of them by all committees, judges, and officers, aud [sic] others concerned in them of the 4 of this instant novemb, 1647. exeter (england) fairfax, thomas fairfax, baron, 1612-1671. berkeley, john, sir, d. 1678. 10, [2] p. [s.n.], london : 1647. "the articles made and agreed upon between sir thomas fairfax, generall, and sir iohn berkley, governour of exeter ... "-p. [1]. reproduction of original in the harvard university library. eng exeter (england) england and wales. -parliament. great britain -history -civil war, 1642-1649 -treaties. a25927 r28305 (wing a3840). civilwar no the articles of exeter made on the rendition thereof : with the vote of the honourable house of commons in the approbation of them of the 6 england and wales. army 1647 2915 12 0 0 0 0 0 41 d the rate of 41 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2004-09 tcp assigned for keying and markup 2004-10 apex covantage keyed and coded from proquest page images 2004-11 mona logarbo sampled and proofread 2004-11 mona logarbo text and markup reviewed and edited 2005-01 pfs batch review (qc) and xml conversion the articles of exeter , made on the rendition thereof . with the vote of the honourable house of gommons , in the approbation of them of the 6. of may , 1646. vvith the order and ordinance of the lords and commons in parliament assembled , for the approbation , publication , and observation of them , by all committees , judges , and officers , and others concerned in them , of the 4. of this instant novemb , 1647. london , printed in the year , 1647. dated at exeter the 8. day of april , at 10. of the clock at night . 1646. articles of agreement concluded on by thomas hammond , lieutenant generall of the ordnance , colonel sir hardres waller , colonel edward harley , colonel lambert , commissary generall stane , and major patson , scout-master generall , commissioners on the behalf of the right honourable his excellency sir thomas fairfax , generall of the parliament forces on the one party : and sir henry berkley , sir george warry , col : william ashburnham , col : godolphin , captain fitz-gerard , master john were , robert walker esq. and master thomas knot merchant , commissioners on the behalfe of sir john berkley , knight , governour of the city of exeter on the other party , touching and concerning the rendition of the said city and garrison as followeth . 1. that the city and garrison of exeter , together with the castle , all forts , mounts , and places of defence of or belonging to the same , with all ordnance armes , ammunition , provision● and furniture of warre belonging to the garrison , exc●pting what shall be excepted in the ensuing articles ) shall be delivered unto sir thomas fairfax , generall of the parliament forces , or to any whom he shall appoint , to receive them for the use of the parliament , on munday next after the date hereof , being the 13. day of this instant april , by twelve of the clock at noone . 2. that if an officer , soldier , or any person included in these articles of or belonging unto the city or garrison of exeter , shall after the conclusion of these articles , wrong or plunder in person or goods ( in their marching away or before ) any citizen or countryman , or any person whatsoever , shall as far as he is able give satisfaction to the persons so injured at the judgement of his excellency sir thomas fairfax , if he be not punished before by the present governour thereof . 3. that if any officer , soldier , or any person ( included in these articles ) shall after the date hereof , wilfully break , deface , spoile or imbezell any armes , or other provisions of war whatsoever , by the precedent articles to be surren dred as aforrsaid , shall lose the benefit of the ensuing articles . 4. that the princes henrietta and her governesse , with her houshold , shall have full liberty to passe with their plate , money , and goods , within twenty daies after the conclusion of this treaty , ( when she shall desire ) to any place within the continent of england , or dominion of wales , at the election of the governesse , and there to remai●e untill his majesties pleasure be farther knowne tou●hing her setling ; and that the governesse shall have liberty to send to the king to know his pleasure herein , accordingly to dispose of her highnes , within the foresaid limitation of place , and that fit and convenient carriages be provided for their passage at reasonable rates . 5. that the cathedrall church , nor any other church within the city shall be defaced , or any thing belonging thereunto spoiled or taken away by any soldier or person of either side whatsoever . 6. that the governour , together with all lords , gentlemen , clergie-men , chaplaines , officers , troopers , and common-soldiers of the kings forces ▪ shall march out of the city on munday next the 13. of april , by twelve of the clock at noone , with their horses , full armes , bag and baggage , and their goods , colours flying , drums beating , maches lighted , bullets , full bandoleers , with sufficient convoyes to oxford , or unto helstone in cornwall , at their severall elections . and in case the governour of oxford shall refuse to receive the common-souldiers that shall march thither : they are there to deliver up their armes to the convoy , and have passes to repaire to their severall homes : and those that march to helston , and there to be disbanded , and have passes to repaire to their owne homes . provided that all troopers and common-soldiers which march not as aforesaid , shall deliver up their armes , ( except their swords ) and have liberty to goe unto their owne homes with bag and baggage , and shall not be compelled to take up armes against the king . provided also , that all officers and gentlemen that shall c●oose to goe to oxford , and not taking up armes , shall repaire into the parliament quarters within forty dayes after the date hereof , shall enjoy the benefit of these articles . 7. that all those which shall march unto the places aforesaid , shall have free quarter in their march , and not be obliged to march above tenne miles a day , and that such other souldiers as are inhabitants in the city , shall have free liberty to march out , or remaine therein , without being compelled to take up armes against the king : and if any souldiers shall fall sick upon their march , that convenient carriages and accommodations shall be provided for them . 8. that all lords , gentlemen , clergymen , chaplaines , and officers that shall chuse to goe beyond seas , shall march away with their full armes for their owne use ; and that all common soldiers shall march away with their full armes , with a sufficient convoy unto the port , which they shall choose for their transportation , which armes ( except swords ) they shall there lay down , and deliver unto the governour of the next garrison belonging to the parliament ; the said governour providing for their safety , during the time of their abode there , where they shall be assisted for the procuring vessels and shipping for their transportation at the accustomed rates , and shall have free quarter for one and twenty dayes allowed to provide for their passage . after which time shall be expired , the same officers and souldiers paying for their quarters , shall have liberty to stay untill shipping be provided , and weather seasonable ▪ and that during their stay , or before , it shall be permitted , that any two of them may goe to london , to treat with any forraigne embassadour or agent , for a commission to be entertained beyond the seas . 9. that neither the officers , souldiers , nor any person whatsoever , in their going out of the city , shall be reproached , or have any disgracefull speeches or affronts offered unto them , or any of their persons wronged , rifled , searched , or their goods seized , or taken away from them , by any person whatsoever . 10. that the governour , lords , gentlemen , clergymen , chaplaines , commanders , officers , and souldiers comprized in these articles , shall be allowed and assisted in providing of sufficient carriages at reasonable rates , to carry away their bag , baggage and goods ; and that care be taken by the future governour of the said city , for the curing of such sick , or wounded officers and souldiers , as shall be left in the city , and that upon recovery , they shall have passes to repaire to their owne houses respectively . 11. that the parliament forces come not into the city untill the kings forces be marched out , except one hundred and fifty foot , and one troop of horse , with their officers . 12. that no lords , knights , gentlemen , clergie-men , chaplaines , ( excepting those who are by name excepted by parliament from pardon and composition ) officers , citizens and soldiers , and all other persons comprized in these articles , shall be que●●●oned or accomptable for any act past by them done , ( or by any other done by their procurement ) relating unto the unhappy differences betwixt his majesty and the parliament , they submitting themselves to reasonable and moderate composition for their estates , which the generall sir thomas fairfax shall really endeavour with the parliament , that it shall not exceed two yeates value of any mans reall estate respectively ; and for personall , according to the ordinary rule , not exceeding the proportion aforesaid . which composition being made , they shall have indemnity of their persons , and enjoy their estates , and all other immunities , without payment of any 5. or 20. part , or any other taxes or impositions , except what shall be hereafter charged upon them in common with other subjects of this kingdome by authority of parliament . 13. that all lords , knights , gentlemen , clergy and chaplaines excepted in the next precedent article , shall have liberty to goe unto any of the kings garrisons , and to have a safe conduct for themselves and servants , to goe unto the parliament , to obtain their composition for their estates , and indemnity for their persons , which though it prove uneffectuall ) yet neverthelesse they shall have foure months time next after the date of these articles to endeavour their peace , or to goe beyond the seas , and shall have passes for that purpose . 14. that all horses , armes , money , and other goods whatsoever , taken as lawfull prize of war , before , or during the seige now in the city be continued in the posses●●on of the present possessour . 15. that all officers , gentlemen , citizens , inhabitants , clergymen , chaplains , souldiers , and all other persons within the city , during the time of the making their compositions , shall have free liberty , either to inhabit within the same city , or shall have free liberty at any time to depart with their families , goods and estates , unto any part of the kingdome in the parliaments quarters , and before composition made , the merchants and tradesmen to enjoy their merchandizing and trades . and after compositions made , all others now prohibited by ordinance of parliament , to enjoy and exercise their professions , or goe beyond the seas . and that they , and every of them , shall have power to dispose and sell to their own uses , either by themselves or others , whatsoever part of their goods or estates , they shall not carry or convey away with them ; and all inhabitants which did inhabit within the city , within seven moneths past , having made their compositions as abovesaid , shall enjoy the benefit of this , and of the 12. and 22. articles . 16. that all charters , customes , priviledges , franchises , liberties , lands , estates , goods and depts of the major , aldermen , bayliffes , comminalty , as a corporation , and all corporations of the said city shall be enjoyed by them : and that the ancient government thereof , remaine as formerly . 17. that if any persons , or inhabitants which are comprized within these articles , shall break any of them , that such breach shall only touch and concerne such persons , and they , to make ●●ch satisfaction for the same , as the cause shall require . 18. that all persons comprized within these articles , shall have upon request , a certificate under the hand of his excellency sir thomas fairfax , or the future governour of that city , that such persons were in the city , at the time of the surrendring thereof , and are to have the benefit of these articles . 19. that his excellency sir thomas fairfax , give assurance , that all officers and souldiers in the parliaments army , and all other under his command , shall duly and exactly observe all these articles . and if they , or any of them , shall directly , or indirectly violate or infringe the same , upon complaint thereof , justice may be done , and reparation made . 20. that the inhabitants of the city shall be eased , & freed from all free quarter and billet of souldiers , except in cases of urgent necessity other then for lodging , and that to be ordered and disposed by the advice of the major and his deputy . 21. that no oath , covenant , protestation or subscription relating thereunto , shall be imposed upon any person whatsoever comprized within these articles , but only such as shall binde all persons aforesaid , not to bear armes against the parliament of england , now sitting at westminster ; nor wilfully doe any act prejudiciall unto their affaires , whilest they remain in their quarters , except the persons aforesaid , shall first render themselves unto the par●● . who shall cause them to be secured , if they think ●it . 22. that for the further and cleerer understanding of the precedent articles : it is hereby declared , that the true meaning of them is , that all persons comprized within these articles , shall quietly and peaceably enjoy all their goods , debts , & moveables , during the space of four moneths , next ensuing : and be free from all oaths , covenants , protestations ; and have liberty within the time of the said four moneths , in case they shall not make their compositions with the parliament , and shall be resolved to goe beyond the seas , to dispose of their said goods , debts , and moveables , allowed by these articles , and depart the kingdome , if they think fit , and to have passes for that purpose , or otherwise to stay in the kingdome . 23. that mount radford , and the wards in saint thomas parish with the provisions of war thereunto belonging , be delivered unto his excellency sir thomas fairfax , or whom he shall appoint , to receive them in assurance of the performance of the precedent articles , to morrow by six of the clock in the afternoone , being the ninth of april . and that foure such gentlemen or officers as his excellencie shall approve of , shall be delivered at the same time as hostages for the peformance of the fore-going articles on the one party . and that at the same time two hostages be delivered unto sir john berkley , knight , and governour of the city of exeter , such as he shall approve of , or unto whom he shall appoint , to receive them in assurance of the full performance of the articles granted on the other party . 24. lastly , that these articles be ratified and confirmed mutually by his excellency sir thomas fairfax on the one party , and sir john berkley , knight , governour of the city on the other party . j doe ratifie and confirme the articles abovesaid , agreed upon by the commissioners on my part . given under my hand the 9. day of april . 1646. fairfax . ex ' et concordat cum original ' . h. elsynge , cler. parl. d. com. die mercurii 6. maii. 1646. the articles made and agreed upon between sir thomas fairfax , generall , and sir iohn berkley , governour of exeter , upon the rendition of the said city , &c. to his excellency sir tho : fairfax , were all this day read , and upon the question approved . h. elsynge cler. parl. d. com. die jovis 4. novemb. 1647. the lords and commons assembled in parliament doe approve of the articles of exeter , and order this approbation be published , to the end all people concerned may take notice thereof . and that the committees , iudges , officers , and other persons concerned therein , doe take notice thereof , and observe the same , any orders or ordinances to the contrary notwithstanding . jo : browne cler. parliamentor . h. elsynge , cler. parl. d. com. the case of the old secured, secluded, and now excluded members, briefly and truly stated; for their own vindication, and their electors and the kingdoms satisfaction. / by william prynne of lincolns inne esq; one of those members. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91157 of text r203224 in the english short title catalog (thomason e765_2). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 29 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91157 wing p3921 thomason e765_2 estc r203224 99863263 99863263 115453 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91157) transcribed from: (early english books online ; image set 115453) images scanned from microfilm: (thomason tracts ; 117:e765[2]) the case of the old secured, secluded, and now excluded members, briefly and truly stated; for their own vindication, and their electors and the kingdoms satisfaction. / by william prynne of lincolns inne esq; one of those members. prynne, william, 1600-1669. 8 p. printed, and are to be sold by edward thomas, at the adam and eve in little britain, london, : 1660. caption title. imprint from colophon. there are two printings, one slightly revised, order not determined: (1) with side-notes on the last page; text ends "those for whom they served."; (2) last page side-notes and some others lacking; text ends "whereof they were fellow-members.". annotation on thomason copy: "january. 13. 1659.". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. a91157 r203224 (thomason e765_2). civilwar no the case of the old secured, secluded, and now excluded members, briefly and truly stated;: for their own vindication, and their electors a prynne, william 1660 4984 16 0 0 0 0 0 32 c the rate of 32 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-04 mona logarbo sampled and proofread 2007-04 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the case of the old secured , secluded , and now excluded members , briefly and truly stated ; for their own vindication , and their electors and the kingdoms satisfaction . by william prynne of lincolns inne esq one of those members . jvly 28. 1648. upon the earnest petitions of the aldermen , common council , & city of london , and most counties of england , miserably oppressed , impoverished , distracted , and well nigh ruined , by above 6. years intestine wars , between the late king and parliament ; the house of commons ( when full and free ) voted , that a treaty should be had in the isle of wight , with the king in person , by a committee appointed by both houses , upon the propositions formerly agreed on , and presented to him at hampton court ; which the lords house unanimously assented to : whereupon commissioners were nominated , and sent accordingly , to treat upon these propositions with the king ; and a special order , made and published by the commons house , september 5. for the respective sheriffs of each county of england and wales , personally to summon all absent members , to meet in the house septemb. 26. under the penalty of 20. l. for not appearing , in regard of the great importance of this treaty , for quieting the distempers , and setling the distracted minds of the people ; and because in the multitude of counsellors there is safety . hereupon all the members repaired to discharge their duty in the house ; after a long deliberate treaty for sundry weeks ( wherein the king assented to all the propositions in terminis ; except 3. * wherein he so far complyed with the desires of both houses , that the differences therein seemed not very considerable ) the treaty being fully concluded , was reported to the house of commons , decemb. 1. upon which the house presently entred into the debate of the kings concessions : those who were against them , desiring no peace nor healing of the kingdoms breaches , made this the question ; whether the kings answer to the propositions , were satisfactory , or not satisfactory ? but those who desired peace and settlement , made this the only state of the question ; whether the answers of the king to the propositions of both houses , were a ground for the house to proceed upon , for the settlement of the peace of the kingdom ? after four dayes and one whole nights serious debate , the question being put as last stated , decemb. 5. it was carried in the affirmative , without any division of the hou●e ; when there were 244. members in it , besides 60 more declaring themselves for it , who through age , cold , and infirmity ( being unable to fit up all night ) departed before the question put , the dissenters being not the third part of the members then present . the army contrary to both houses orders were drawn up to westm. and removed the ordinary gards of the house out of their quarters during this debate , giving out menaces against all who should vote for the concessions , on purpose to interrupt and prevent this vote , and that by confederacy with some of the dissenting members . yet such was the courage , constancy , and sincerity of the faithfull members , that maugre all oppositions and difficulties , they put and carried the vote upon such grounds of reason , truth , justice , honesty and publick interest , as all their opposites were unable to contradict or refute . the vote being passed , the house appointed mr. pierpoint , and six other members to repair that afternoon to the head quarters , to confer with the general and his officers , to keep a right understanding and good correspondency between the house , and the general and army ; and then adjourned till the next morning . the commissioners repairing to the head quarters that afternoon were so rudely treated , that one or two of them were secured by some army-officers , and the rest put off and slighted without any conferrence . decem. 6. the army-officers sent sundry regiments of horse and foot early in the morning to westminster in a warlike manner , who placed themselves in the pallace-yards , the court of requests , hall , court of wards , stairs , lobby of the house , and all approaches to it , to secure and seclude those members who assented to this vote ; collonel pride & other officers who commanded the gard● having a list in their hands of the members names to be secured and secluded , given them , as was reported by cornelius holland , and other dissenting members , that morning they forcibly secluded above 100. members , keeping them out of the house perforce as they came to the lobby , and seised 41. members in the stairs and lobby , pulling two more out of the house it self into which they got before the officers espyed them : these 43. members they secured all day in the queens court , refusing to obey the orders of those then sitting in the house , who being acquainted with their seisure , sent the serjeant twice to command their attendance in the house , without any obedience or success : at night all the secured members but 4 , instead of being caried to wallingford house to treat with the general and officers , as was promised , were unexpectedly thrust into a place called hell in westm : & there kept prisoners on the bare boards all the night , though extreme cold . the next morning 3. more members were seised , and many others secluded , affronted coming to the house . those in hell about 9. of the clock were carried fasting to whitehall , to confer with the general and army-officers , who imperiously made them dance attendance on them in a very cold room without fire ( for sundry hours ) or meat or drink ( but some burnt wine and biskets they sent for thither ) til 7 a clock at night , not vouchsafing so much as to see or confer with any of them , as they promised ; and then sent them prisoners to the kings head and swan , through the snow and dirt , garded with 3 musquetiers apiece and gards of horse besides , like the vilest rogues and traytors ; and there detained most of them prisoners sundry weeks , sending some of them close prisoners to st. james , and afterwards to windsor castle divers months space , without the least particular accusation , impeachment , hearing or tryal . the only cause of this their imprisonment and seclusion , as the officers confess in their answer to the house , touching the grounds of our securing , jan. 3. was our vote of decemb. 5. which the general and general council of officers thus particularly expressed the very next day , decemb. 6. 1648. ( the day they secured and secluded us ) in their proposals and desires to the commons in parliament : wherein they desire , that some members by name may be secured , and brought to justice . and that those members that were guilty in the votes for the treaty , july 28. & decemb. 5. declaring the kings past concessions to be a ground ●or the house to proceed upon , for the settlement of the peace of the kingdom ; have deserted , ●etrayed , and justly forfeited their trusts for the publick and therefore most earnestly desired , that all such faithfull m●mbers who were innocent therein , would immediately by protestation and publick declaration ) acquit themselves from any guilt or concurrence in those votes , as corrupt and destructive : that so the kingdom may know who they are that have kept their trust , and distinguish them from the rest , that have falsified the same ; and that all such as cannot , or shall not acquit themselves particularly , may be immediately excluded or suspended the house , and not readmitted , untill they have given clear satisfaction therein to the iudgement of those who now so acquit themselves and the grounds of such satisfaction be published to the kingdom in obedience to these imperious desires of the general army-council ( the supream legislators , over-ruling both the house and general council of the kingdom ) about 45 or 50 members ( wherof some were army-officers , authors of those proposals , ) sitting under the visible over-awing gards of the army-officers , from december 6. till after all votes and orders passed , that can be produced for our suspension or seclusion , dec. 12 , & 13. rerepealed the votes of july . 28. for the treaty , and decemb. 5. touching the kings concessions , according to the armie officers proposals , as highly dishonourable to the parliament , and destructive to the peace of the kingdom , and tending to the breach of the publick faith of the kingdoms : publishing . a declaration jan. 15. expressing their reasons for annulling and repealing these votes . and dec. 18. & 20. passed 2. orders , that none should sit or act as members , till they had made and subscribed their particular protestation against this vote . in pursute whereof decemb. 20. 34 members ( whereof 15. are now sitting , the rest dead or absent ) entred their dissents and protests against this vote . decemb. 21. 3. more , now sitting , entred theirs : decemb. 25. 6. more ( 5. now sitting ) entred their dissents , yet they sat as an house 4. daies , before 40 of them had entred their protests , and afterwards admitted others to sit , without entring any protestation , contrary to their order . by colour of which orders alone , and of their vote , jan. 11. upon the armie officers answer , that the house doth approve of the substance of the answer of the general council of the officers of the army to the demands of this house touching the securing and secluding of some members thereof : and doth appoint a committee ( of 24 ) to consider what is further to be done upon the said answer , &c. and of another order in pursute of these february 2. ( three dayes after the kings beheading ) they have without any particular accusation , cause , summons or hearing at all , by their * vote of jan. 5. 1659. adjudged and declared ; that the members who stand discharged ( in manner aforesaid ) from voting or sitting as members of this house , in the years 1648. & 1649. doe stand duly discharged by judgement of parliament , from sitting as members of this parliament , during this parliament : ( without so much as naming any one of them particularly in this , or any of their former votes or orders by which they exclude them ) and it is ordered ; that writs do issue forth for electing n●w members in their places . this being the true state of the secured , secluded , and excluded members case , in 1648. & 1649. to which the vote of jan. 5. and their forcible seclusion by their own order , both out of the house and lobby decemb. 27. 1659. relates : the questions in law arising thereupon , are briefly these . 1. whether 3. parts of 4. and above 200 members of the commons house , only for passing the premised vote dec. 5. 1648. in order to the publike peace and setlement of the kingdom , without any sinister respect , after 4 daies & a whole nights debate , according to their judgements , consciences , trusts , duties , oaths , protestation , vow , covenant , the general petitions , desires of their electors , and our 3. distracted kingdoms ; contrary to the sense of the minor part of the house , and general council of army-officers , ( who were but their servants , obliged to obey their just votes , and commands , and no members , judges , to controll them ) may be justly or legally secured secluded , and thus ●nworthily treated by the army-officers , by meer armed power ; and whiles thus secured and secluded the house , be ejected , dismembred , by the votes of 40. or 50. of their fellow members , only upon the army-officers imperious desires , whiles sitting under their horrid visible force ; which by their own and both houses declaration august 20. 1647. ( in case of a contemptible force in respect of this , when no members at all were secluded ) nulls all their votes , orders and ordinances , at and from the very time they are made and passed ? and that without any impeachment , hearing , or trial whatsoever , contrary to all * laws , rules of justice , presidents and proceedings in parliaments , or other courts , in former times . 2. whether every member of parliament by the custom and usage of parliaments , be not obliged , according to his mind and conscience , freely to give his ay , and no , to every question propounded in the house whiles he is present , and finable if he refuse to do it , without the least blame , censure , or pretence of breach of trust ? and whether the freedom of the members debates and votes in the house in matters there propounded , be not the very principal , essential , fundamental privilege of parliament , demanded by every speaker , and granted by every king to the members at the beginning of every parliament , and denominating parliaments themselves ( derived from * parler le ment ) which if once denied , or made criminal ( as now ) & that to the major part , will utterly subvert the very name , essence , and being of all future parliaments ? 3. whether the army-officers and council out of the house , being servants only , commissioned and paid to guard the members privileges , and obey the orders of the house ; and neither electors , nor impowrers of the members secluded ; be sit judges of the majority of the members votes and debates in the house , which they never heard of , nor were present at , but by misreports or relations from others ? and if so , ( as these secluders then and now admit them : ) whether this will not subject those now sitting , and secluding us , with all members of subsequent parliaments , and all their votes , to the judicature of their gards , or any other number of factious people without doors ? yea justifie their own forcible exclusions and dissolutions by cromwell , apr. 20. 1653. and since by lambert and hewson , octob. 13. 1659. for votes and proceedings more unjust and unreasonable than ours of dec. 5. 1648. is supposed to be , and subvert all the rights , privileges , power , authority and honor of english parliaments for ever ? 4. whether it be not a far greater breach of privilege , treason , and levying war against the parliament , in the army-officers , and sitting members at their request , thus forcibly to secure , seclude and eject above 200 members , 3. or 4. times one after another , only for voting freely according to their mindes , consciences ; and refusing to retract and protest against their own and majorities votes ; than for cromwel , lambert , & others , to exclude but 50. 60. or 70. of them , sitting as an house and parliament , being encouraged and justified by their own votes , presidents and commands to seclude and exclude the majority of their fellow members , for voting contrary to the army officers desires and designs , who excluded them upon the same account ? 4. whether it be parliamental , rational , just equitable ( admitting the common , house have power in themselves alone , to vote out any member for misdemeanours or breach of trust , without the lords , which some deny , upon very good * presidents and grounds ) that the far lesser part of the commons house , may forcibly seclude and vote out the greatest part of their fellow members , only for over-voting , & dissenting from them in their judgements ? and not more just and reasonable , that the major part , being the house it self in law and conscience , should judge & vote out this minor part , for their antiparliamentary protestation , & such an unjust forcible seclusion & ejection , as ours by the premises now appears to be to themselves , and all the kingdom ; being the highest breach both of their trust , the privileges & rights of parl. & peoples liberties that ever any members were guilty of since parliaments began ? 5. whether their secluding , and * voting out all the secluded members , in the grosse 1648. 1649. and jan. 5. 1659. without impeachment , summonning , hearing , or nominating any one of them in particular in their votes or o●ders , be not a most unjust , unpresidented , unparliamentary judgement and proceeding , contrary to all rules of justice in all other cases and judicatures whatsoever , & in this and former parliaments ; yea meerly null and void to all intents for its generality and incertainty ; it being the privilege of every member , to be first , accused ; 2ly . summoned to answer his accusation if absent ; 3ly . re-summoned upon default of appearance ; 4ly . to hear his charge , and make his defence , before he be secluded or suspended ; 5ly . to sit and vote in the house till suspended or secluded , by special order and judgement of the house , wherein he is to be * particularly named ; all which circumstances , were punctually observed by themselves , in sir henry vanes case jan. 9. 1659. before they ejected him , since their vote against the secluded members ; which deserved as much right and justice as he , if not far more , who joynd with those mutinous army-officers who excluded them ; 6ly . if many be joyntly or severally accused , by name , they are to make their joynt or several answers and defences , and to receive their particular joynt or several censures , pronounced by the speaker in their hearing at the barre ; as in sr. h. vanes late case ; all which particulars fai●ing , in this general vote against them all ; the meanest of their electors , & of those for whom they serve ( more injured by this vote then themselves ) and all judges , lawyers now sitting with them , will pronounce their vote most absurd and void to all intents , unworthy the wisdom , justice and gravity of those , who stile themselves , the parliament ? 6. whether the ordinance published dec. 15. 1648. in the name of the lords and commons , against a protestation dec. 11. 1648. printed in the name of all the secluded and secured members , ( though not subscribed nor owned publickly by them , nor proved to be published by their order or privity ) disabling all the secured & secluded members to sit any mo●e , during this parl. ( which some pretend the chief ground of their ejection now , though never mentioned nor insisted on before ) without naming , hearing , or disabling any of those members in particular , or adjudging them , the authors of that protestation , be not meerly void & null to all intents , being so general and indefinite , made only by 3. or 4. lords , and 50. commoners at most , fitting under that very force , which then secluded , imprisoned the major part both of the lords and commons house , and so declared nul and void by the speakers letter , july 29. and the ordinance of both houses , august 20. 1647 ? whether the major part of the commons and lords house then forcibly secluded , might not by vertue of this ordinance , as well as their speaker lenthal by his letter , and both houses by that ordinance , declare all proceedings , votes and ordinances in the respective houses , whereof they were members , void and nul to all intents , during their forcible seclusion , and the force then put upon the houses , without any offence or crime at all deserving seclusion ; and were not bound by their protestation , league and covenant , to do it , to preserve their own , and the houses privileges , being the far greater number of members , 5. times more than those who voted them out ? it differing much from the protestation of some of the bishops , committed to the power for their protestation , dec. 1641. 1. because they were not forcibly secluded , as we . 2ly . not the majority of the bishops , much less of the lords house , as we . 3ly . they protested against all proceedings whatsoever in both houses of parliament during their absence ( not seclusion ) from the house , as void and null , til their restitution , not in the lords house alone , which was the chief , if not only exception against their protestat . though there was then no force upon the lords or commons ; but the protest . in the secluded members names protested only against the proceedings in the com. house , during their forcible securing and secluding , and the force upon those that sat . 4ly . they were heard in the lords house concerning it , before they were committed : but none of the secluded members were ever yet heard before their seclusion or securing . 5ly . they were only imprisoned for their protestation during the lords house pleasure , not excluded & voted out of the house during the parliament . upon all which considerations , the proceedings of the major part of the lords house against them , do no way warrant the declaration of the minority of the com : house and lords , against the majority of the commons house , then under a force and secluded , and the majority of the lords house , together with them . all which the secluded members presume will fully satisfie those for whom they serve , and the whole english nation , world , and their ●ecluders too , of the injustice of their former and late forcible seclusions , and ejections by their premised orders , votes , & vindicate the rights and privileges of parliament , til they can meet together in safety , to draw up a larger decl : of their case & unjust antiparliamentary exclusion , without the danger of a new securing , being all ordered to be seised on at mr. ansleys house in drury-lane the 9th . of this january by a party of 40. musquitiers , and captain commanding them , accompanied with one of the serjeants men , who beset and searched the house to apprehend them , but that they were all departed thence before they came thither , and so escaped their hands ; the cause of this brief publication . the secluded members repute it very hard , and injurious , that they should be thus frequently , and long secluded by force , and many of them * imprisoned divers years , and publickly excluded and slandered by their fellow-members votes behind their backs without hearing , or the least admission to vindicate their innocency and the justice of the vote for which they are secluded , in the house ; and yet be searched after and re-imprisoned and secured by armed gards by order of their secluders , for endeavouring to vindicate their own innocency , parliamentary rights , privileges , and the liberties of those many counties , cities and boroughs , for which they serve , without doors , when as they cannot be admitted to it in the house it self , unlesse they will first eat and retract their former votes , against their consciences , privileges , and abjure their former oaths , protestation , covenant , declarations , by taking a new inforced ingagement : whereupon they desire their few secluders to consider the 1 cor. 12. 14 , &c. for the body is not one member but many , &c. but now god hath set the members every one of them in the body , as it hath pleased him . and if they were all one member , where were the body ? but now are they many ( not few ) members , yet but one body . and the eye cannot say to the hand , i have no need of thee ; nor again the head to the feet , i have no need of them ; nay , much more those members that seem to be more feeble are necessary , &c. that there should be no division in the body , but that the members should have the same care one for another . and whether one member ( much more when most of them ) suffer , all the members suffer with it ; or one member be honoured , all the members rejoyce with it . which consideration , with that of mat. 7 12. therefore whatsoever ye would that men should do unto * you , do you even so to them , for this is the law and the prophets 1 thes. 4. 6. let no man over-reach , oppress , or defraud his brother ( much lesse so many brethren of eminency ) in any matter . ( especially in their publick parliamentary trusts , rights , privileges , ) because the lord is the avenger of all such , as we have forewarned and testified ( and their own double forcible seclusion hath fully exemplyfied , ) might now at last convince them of , and convert them from their former injustice and violence , and make them more just and tender towards us than hitherto they have been , either as christians or englishmen , who are members of one and the self-same church , kingdom , parliament , house , formerly united-together in strictest bonds of unity and amity , though now sadly divided by their force and fury , to the ruine both of the church , kingdom , parliament , and the house it self whereof they were fellow-member , and intollerable discontent & oppression of the whole nation , and those for whom they served . finis . london , printed , and are to be sold by edward thomas , at the adam and eve in little britain , 1660. notes, typically marginal, from the original text notes for div a91157e-30 * see mr. prynnes speech dec. 4. 1648. and a vindication of the secured and secluded members . * without any declaration at all to the kingdom , counties cities , boroughs , for which we served , or us , of the reasons , justice , grounds of this their new and former votes which was expected and will be demanded . f●om them . * magna charta , c. 29. 5 e. 3 c. 9. 25 e. 3. c. 4. 28 e. 3. c. 3 42 e. 3. c. 3. petition of right , 3 caroli . * cooks 4. instit. ch. 1. * see my plea for the lords , and registers of parliamentary writs . * these secluders think their votes omnipotent , who can blow up the majority of their fellow members & whole house of lords with the breath of their mouths , like chaff , without any reason expressed , when as the old gunpowder traytors could not blow them up , but with almost as many barrels of gunpowder , as they were then and now members . * cooks 3 instit ● 101. 4 instit. p. ●5 . to 25 , 38 , 39 , * major gen. brown . imp●isoned and close imprisoned 5. years and 2. months . mr. prynne close imprisoned in d●nste , taunton . and pendennis castle 2. years & 8. months . sir will waller , sir will. lewis , sir john clotworthy , commissary copley , and mr. walker , two years or more , without hearing or cause expressed . * in the case of their own seclusion , which they so much condemned in cromwell and lambert . die lunæ, 28 junii, 1647. resolved, &c. that it be referred to the commissioners with the army to be very earnest with the general, that effectuall course may be taken, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a83828 of text r210518 in the english short title catalog (thomason 669.f.11[39]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83828 wing e2710a thomason 669.f.11[39] estc r210518 99869307 99869307 162688 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83828) transcribed from: (early english books online ; image set 162688) images scanned from microfilm: (thomason tracts ; 246:669f11[39]) die lunæ, 28 junii, 1647. resolved, &c. that it be referred to the commissioners with the army to be very earnest with the general, that effectuall course may be taken, ... england and wales. parliament. house of commons. fairfax, thomas fairfax, baron, 1612-1671. 1 sheet ([1] p.) printed by richard cotes and ruth raworth, london : 1647. no discouragement or obstruction is to be offered to the collection of payments for parliament. -cf. steele. includes: an order of his excellencie sir tho. fairfax, general of the forces raised by the parliament, in pursuance of the order aforesaid. dated: wickham, the first day of july, 1647. signed: hen. elsynge cler. parl. dom. com. reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -militia -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a83828 r210518 (thomason 669.f.11[39]). civilwar no die lunæ, 28 junii, 1647. resolved, &c. that it be referred to the commissioners with the army to be very earnest with the general, that eff england and wales. parliament. 1647 364 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-09 apex covantage keyed and coded from proquest page images 2007-10 mona logarbo sampled and proofread 2007-10 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion die lunae , 28 junii , 1647. resolved , &c. that it be referred to the commissioners with the army to be very earnest with the general , that effectuall course may be taken , that no discouragement or obstruction may be given by the souldiery to the due levying and bringing in the excise and other assessements and payments to the parliament . hen. elsynge cler. parl. dom. com. an order of his excellencie sir tho. fairfax , general of the forces raised by the parliament , in pursuance of the order aforesaid . whereas it hath pleased the honourable house of commons , by their order of the twenty eighth of june last past , to recommend unto me , that an effectual course may be taken that no discouragement or obstruction may be given by the souldiers to the due levying and bringing in the excise and other assessements and payments to the parliament : and to the end that such obstructions may be prevented , i do hereby require all officers and souldiers of the amy under my command , that they do not in any kinde discourage or obstruct the due levying and bringing in of the excise and other assessements and payments to the parliament . and if any officers or souldiers shall notwithstanding go about to hinder or obstruct the same , i do hereby require the officer commanding in chief at present , the troop , company or regiment , in those parts where such obstruction shall be given , to send the officers or souldiers so offending in custodie to the head-quarter , that they may be proceeded against for their contempt of this order . and in case of any tumultuous carriage by any persons , tending to the obstructing the due levying of excise and payments , as aforesaid ; the said officers and souldiers are to be aiding and assisting for the suppressing of the same . given under my hand and seal at wickham , the first day of july , 1647. t. fairfax . london , printed by richard cotes and ruth raworth . 1647. be it ordained by the lords and commons in parliament assembled, that all monies upon bonds entred into the court of wards and liveries or due by composition before the late ordinance or vote passed both houses for taking away the said court, and likewise all rents due before the date of the said late vote or ordinance, shall be received according to the directions of an ordinance of parliament for due and orderly receiving and collecting of the kings, queenes, and princes revenue, and the arrears thereof, bearing date the one and twentieth day of september, 1643. england and wales. parliament. this text is an enriched version of the tcp digital transcription a37648 of text r175070 in the english short title catalog (wing e1259). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a37648 wing e1259 estc r175070 14878993 ocm 14878993 102828 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a37648) transcribed from: (early english books online ; image set 102828) images scanned from microfilm: (early english books, 1641-1700 ; 1569:29) be it ordained by the lords and commons in parliament assembled, that all monies upon bonds entred into the court of wards and liveries or due by composition before the late ordinance or vote passed both houses for taking away the said court, and likewise all rents due before the date of the said late vote or ordinance, shall be received according to the directions of an ordinance of parliament for due and orderly receiving and collecting of the kings, queenes, and princes revenue, and the arrears thereof, bearing date the one and twentieth day of september, 1643. england and wales. parliament. 1 broadside. printed at london for john wright ..., [london] : 1647. at head of page: die lune, 20. septemb. 1647. signed: jo. brown cler. parliamentorum. h. elsyng cler. parl. d. com. reproduction of original in the harvard university library. eng england and wales. -court of wards and liveries. great britain -history -civil war, 1642-1649. great britain -politics and government -1642-1649. a37648 r175070 (wing e1259). civilwar no die lune, 20. septemb. 1647. be it ordained by the lords and commons in parliament assembled, that all monies upon bonds entred into the cou england and wales. parliament 1647 784 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-07 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 mona logarbo sampled and proofread 2008-08 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion die lune , 20. septemb. 1647 be it ordained by the lords and commons in parliament assembled , that all monies upon bonds entred into in the court of wards and liveries , or due by composition before the late vote or ordinance passed both houses for taking away the said court , and likewise all rents due before the date of the said late vote or ordinance , shall be received according to the directions of an ordinance of parliament , for the due and orderly receiving and collecting of the kings , queenes , and princes revenue , and the arrears thereof , bearing date the one and twentieth day of september , 1643. and all persons whatsoever that doe owe any monies , or rents by bond , or otherwise entred into , or payable in the said late court of wards and liveries , before the date of the said late vote or ordinance , are hereby required to pay the said rents and monies unto charles fleetwood esq the receiver thereof , or to the receiver thereof for the time being , who is hereby required and authorised to give such acquittance , or acquittances , or discharges for the same as legally he ought or might have done , if the said late vote or ordinance for taking away the said court had not been passed . and it is hereby further ordained , that the said acquittance , or acquittances , or discharges so given , or to be given by the said receiver as aforesaid , shall be good and sufficient in law to all intents and purposes to all , and every person and persons which shall pay in any rents , or other monies to the said receiver for every such summe and summes of money as shall be paid in by them as aforesaid ; and that the parties paying in the same shall be respectively saved harmelesse , and kept indempnified for or by reason of the respective rents , or summes of money paid , or to be paid , as aforesaid . and in case all , every , or any of the persons that owe monies by bond , or otherwise in the said late court of wards and liveries , doe refuse or neglect to pay the severall and respective summes of money by them due to the said receiver , then processe shall issue out of the court of exchequer for the same , in such manner as is usuall for other his majesties rents and debts ; and the barons of the exchequer , officers , and other ministers thereof whom it may concerne , are hereby required and authorised to issue processe accordingly ; and the sheriffes and other officers concerned are at their perill to execute the same , and pay the monies leavied respectively to the said receiver in like manner , as payments have been made upon processe in like kinde heretofore issued forth of the said late court of wards ; and the severall officers and ministers of the said late court of wards and liveries respectively whom it may concerne are hereby authorised , required , and commanded from time to time according to the directions of the said committee for the revenue , to deliver such schedule and certificates of the rents , fines , compositions , or other monies in the late court of wards and liveries upon bonds entred into , or due before the said late vote or ordinance as thereunto they shall be required ; together with all such bonds for the same as remaine in their hands , or in the hands of any of them ; and in case any difference or just exceptions shall arise touching the severall and respective rents , debts , compositions , or other monies aforementioned , then the hearing and determination thereof shall be referred to the court of exchequer , who by vertue of this ordinance shall have power to give reliefe in law and equity , in such manner as the court of wards might have done before the taking away of the same . and it is hereby lastly ordered and ordained , that all and every person and persons acting by authority of this present ordinance , shall by power of parliament be saved harmelesse and indempnisied , for whatsoever they shall respectively doe in persuance and direction thereof . jo. brown cler. parliamentorum . h. elsyng cler. parl. d. com. printed at london for john wright , at the kings head in the old bayley . 1647. a reply to the answer of lieutenant general ludlow, or, his answer to the officers at dublin examined with a concluding word to the present authoritie in parliament / by e.w. e. w., an actor in the late change in ireland. this text is an enriched version of the tcp digital transcription a65920 of text r26298 in the english short title catalog (wing w20). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 30 kb of xml-encoded text transcribed from 10 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a65920 wing w20 estc r26298 09418308 ocm 09418308 43033 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a65920) transcribed from: (early english books online ; image set 43033) images scanned from microfilm: (early english books, 1641-1700 ; 1319:4) a reply to the answer of lieutenant general ludlow, or, his answer to the officers at dublin examined with a concluding word to the present authoritie in parliament / by e.w. e. w., an actor in the late change in ireland. 17 p. printed by tho. newcomb, london : 1660. reproduction of original in the harvard university library. eng ludlow, edmund, 1617?-1692. england and wales. -army -history. great britain -politics and government -1660-1688. a65920 r26298 (wing w20). civilwar no a reply to the answer of lieutenant general ludlow; or his answer to the officers at dublin, examined: with a concluding word to the present e. w., an actor in the late change in ireland 1660 5588 2 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. 2000-00 tcp assigned for keying and markup 2001-00 spi global keyed and coded from proquest page images 2001-06 tcp staff (michigan) sampled and proofread 2003-03 spi global rekeyed and resubmitted 2003-04 mona logarbo sampled and proofread 2003-04 mona logarbo text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion a reply to the answer of lieutenant general lvdlow ; or his answer to the officers at dublin , examined : with a concluding word to the present authoritie in parliament . by e. w. an actor in the late change in ireland . tempora mutantur , sed non mutamur in illis . london , printed by tho. newcomb , over-against bainards-castle in thames-street . 1660. a reply to the answer of lieut. general ludlow , or his answer to the officers at dublin examined ; with a concluding word to the present authority in parliament . though , to the understanding reader , who by comparing , knows when a letter is answered , i need have done no more , then to have taken the same letter ( which he saith is answered ) and affix't it in the end , calling it a reply to the answer ; yet because those worthies , to whom the answer appeals for justice , may with the lesse expense of time see how insufficient the answer is , and how unjustly the subscribers of the officers letter , are aspersed almost in every page of the pretended answer , by the nickname of persons that have been for a late single persons interest , i have therefore assumed ( though unwillingly ) this trouble by way of replication : and therefore , sir ; as i am not inclined to detract from your merits , wherein they are praise-worthy , so i would have gladly seen the like ingenuity in your self , towards the gentlemen , who rather have deserved your praise hitherto , then to have been the objects of your frownes and indignation , for what they have done . it seems your stomack will not easily digest any that submitted to the late government of a single person , though they had no hand in setting him up ; but why do you not quarrel with that scripture , rom. 13. let every soul be subject to the higher powers , for the powers that are , are ordained of god ? let me ask you this question from common-wealth principles ( though i doubt not but your tart words would be silenced from that text ) can you imagine , that if all such were excluded , your petty peevish interest ( to say no more of it ) would be enough to carry on that good old cause so much pretended to ? when yet you saw by experience what knocking of heads there was at your wallingford-house-meetings , to which you so much frequented ( though to the blot of your former service ) and when advised to the contrary by your known friends , surely you that are ready to condemne the parliament , for narrowing their interest now , do much more condemne your self , if that be your opinion . your great care in your answer , is , to make the world believe , that you are the onely person , that hath stood unshaken ( as to the parliaments cause ) in the late protectors day ; but 't is sufficiently known to many witnesses from your own mouth , that your trouble was not , that oliver had pul'd out the parliament ; but that he was seated in the chaire of state , contrary to a former engagement , and so your expected good things , were not like to be accomplisht by him . as for the parliament , you could have been contented then ( as well as since ) if they had never met more : and why then do you condemne others for the same things you are guilty of your self , namely for want of affection to this parliament ? did not all the armies of the three nations , all the fleets at sea , all or most part of the cities , burrows , towns , and counties of this common-wealth , yea , and all plantations of english abroad own his authoritie by letters and addresses , and were there not in all these ( think you ) as faithful men to the parliament as your self ? i might here tell you that you acted sometime your self under him ; for you could be contented to receive pay , as lieutenant general , colonel and captain , and i believe you would have done so to the last day of his reigne , had not orders been given by fleetwood to cross you out of the musters . your distinction here of being the parliaments lieutenant general , will not serve your turne ; for any sober man may see , that though you abhor'd him ( as the jews did swines flesh ) yet you loved the broth of abominable things . in the front of your second page you say , the officers and souldiers ( within your precinct ) of duncannon , at your coming exprest much grief and trouble for the parliaments interruption ; but truly sir , if their after-carriage be considered , which i know you are bound to justifie , i want faith to believe that their sorrow was unfeigned . but your irish harp will make no musick , unlesse you touch upon the same string , and therefore you say in the same page , that you sent to ross , waterford , and other places to presse them to declare for the parliament , not in shew onely , but in reality . answ. truly sir , if you might be judge , no doubt but you would pass as severe a censure upon the persons , as you do upon the actions of those , which yet your masters have judg'd to be real in what they have done , witness their thanks sent them for their good service . but the officers , you say , in declaring for the parliament , designed rather to take advantage against those the parliament had prefer'd , thereby to get into their places , then out of any affection to the parliament . answ. ill-will never speaks well , the best actions of the best of men shall never clear their integrity , if a bare jealous affirmation shall serve as a sufficient accusation . but in the mean time , sir , those officers so intrusted , were very faithful to their masters ; were they not ? when others lesse trusted ( as the like was here about london ) must teach them in commission , their duty , how to obey their masters : the best is , as often and highly as you reflect upon them in ireland , by an easie and due parallel , you reflect upon those few faithful ones , that remain'd in england and scotland . but those in ireland disputed your authority , which was legally derived from the parliament , for whom in the worst of times you have born your faithful witnesse . answ. you are here mistaken in the dispute , which was not whether you had not an authoritie , but whether by your staying amongst the parliaments enemies , and acting as one of the new law-makers , you had not abused that authoritie to the forfeiting of it ; but the officers you say were not iudges of that , but the parliament . answ. in case of necessity , when there is no visible authority , as then there was not ( when they past those votes against you ) they were judges of their own safety . and when afterwards they heard of their sitting , they appeal'd to caesar , whether they desired your return . in the next , you tell them , that though the officers disputed your authority , legally derived from the parliament ; yet they could yield obedience to sir hardress waller that had no commission . answ. his being respited by the parliament at present , did not make null his authority , no more then the present want of their commissions could null all the captains and other officers of the army , for then they had been like sheep without shepherds ; good reason therefore they had to own him ( your substitute having defected ) who was made privy to much of the design , some weeks before it was executed , he being next in command . but sir hardress served a single persons interest whilest he might . answ. he did no more , then the generals at sea , who all ingaged for the service of their countrey , under the command of a single person : who i suppose you do but equally asperse . but sir hardress , with others , subscribed a letter to the army in england , and bid them good speed in their undertakings . answ. in that letter the army of scotland was equally and jointly concern'd and included , and therefore that salute , which is rather your own fiction ( then any thing in realitie ) is to be equally shared between both . but sir hardress cleerly espoused the armies interest , and cast off the parliaments , by the letter sent to general monk . answ. the letter mentioned was prepared by iones , and brought in for subscriptions rather by way of surprize , then debate . and though his policy did subscribe to a complyance , where his opposition would have made him obnoxious , yet the honesty of his policy did quickly appear . object . but that excuse may as well serve the rest of the subscribers as sir hardress , and may justifie all that joyn'd with the army ; for they will all say , they did it out of policy . answ. had they taken an opportunity in season to have oppos'd the army , as he did , the excuse would be sufficient ; but that they did not . in the next place you say , you did not own the army in their late precipitate undertaking , nor acted with them otherwise , then in a military capacity , but refused to joyn in their committee of safety , or committee for nomination . answ. 't is true , you did not so own them ( i believe ) as to contrive the plot for setting up the army as legislators ; as neither did the army of ireland , or the officers , that you say were for the interest of a single person , contrive his setting up ; but you could honestly submit after it was done , as they did ; nay , you could joyn with them in the same work of new government-making . i wonder from hence-forth you should condemn others for that wherein you are ten times more guilty in another kind , and equally in the same kind with themselves , as before proved . but you acted with them only in a military capacity . answ. had cromwell or fairfax gone to the king at oxford , and joyned , or acted with them in a military capacity , would this have served for an excuse to the parliament , or not rather as an aggravation to endanger their not being welcome , when they should return to sit at westminster , as you have done ? but what you did as to government or reformation , was alwayes with an intention to submit the same to this parliaments iudgement . answ. a sorry excuse you think is better then none . but , 1. who knew your intentions ? 2. who knew the parliament would ever sit again ? 3. you have here coin'd an excuse ( such a one as 't is ) for those that were for a single person ; for might not they say , they were for him , only with an intention to submit it to this parliament when they sate . you say in page the eighth , the officers design is to make mole-hills mountains , to asperse and not justifie , and therefore they quarrell with the title of dear friend , written to jones . answ. they cite those words for this end , to let you know what cause they had to be jealous that you , who were a friend to their enemy , could be no good friend to them ; had such a title been written by any member of this house to inchequin after his revolt , it had been enough to have made the whole house jealous , that such a member was no good friend to them ( notwithstanding the pretence of private real friendship . but what you did therein ( you say ) was prudential , he having your sword in his hands . answ. that is , you called him friend till you could appear his enemy , as sir hardresse called general monk enemy , till he could appear his friend . the difference lies only in this , sir hardresse made hast to do the one , when you delaied to do the other . the next clause you say , that is aggravated against you is , that we seem to be necessitated to look towards the long parliament ; it is feared , if they come in without conditions they will be very high . to which , whether you have given a sufficient answer , let the world judge ; for who knew your intentions to escape , or the way by miniard , as you say in your letter ; or who can believe it , that shall consider what you say afterwards ? that when fleetwood heard dublin had declared for the parliament , he sent you away . the gloss by which you would evade this charge ( if i should appeal to your self ) is such , that you will not allow to others , viz. you writ so to iones ( out of policie ) to let him see it was his prudence as well as his dutie , not to do any thing in opposition to the parliaments authoritie , or to your self , who was invested therewith . answ. he was like to do but little either against the parliament , or your self , when before your going out of london , you heard he was imprisoned ; for the mischief he had done was before , of which you had notice by several private letters . and had you went according to the invitations in those letters , you had been most affectionately received , whereas your mition from their enemie was reason to the contrarie . the last clause in your letter ; you say , the officers have to object against you , is this , i hope ere this the commissions for setting of civil iustice on the wheels , are come to your hands . at which you wonder it should be imputed as a crime to you , by those who were free , that the administration of civil justice should be derived from a military hand , during the protectors reign . 't is therefore to be feared , you say , they rather dislike the persons then the thing it self . answ. the imputation of it as a crime to you , was , because the authority of that sword , that pul'd out the parliament , was thereby justified , when yet you would have the world to belive you were pleading against the army to bring them in ; and if it were alwaies your principle to oppose the swords authority , why was it not in this ? the truth is , your words may here be justly retorted , that you dislike persons and not things ; for you can make use of it as a discriminating act against all that submitted to it in a single person , and yet you can find arguments to plead for it , when it relates to the army . but you say , 't is the lawyers opinion , that whosoever is actually in power , may set the wheels of iustice going . answ. but the army in england had nothing to do with ireland , nor could they be in actual power , when there was a ballancing power in general monk , that opposed them . and if the army in ireland should have argued thus , to set their wheels of justice going , no doubt but you would have had better grounds for those reports you have raised , then yet you had . i wish it may be prevented by a timely a consideration of their sufferings ; necessity is lawless . but you seem much to rejoyce that you have so just a bar to appeal unto , as that of the parliaments , who you doubt not but will protect you against the malicious prosecution of any cavilerish spirit whatsoever . answ. in this you would insinuate the subscribers to be cavileers , and therefore they may equally rejoyce with you , as well for their own sakes as for yours ; they have that power to appeal to now sitting , for whose restitution they have so freely adventured their all . 2. i will not say 't is as strange to see how you interfere in your principles , who can now own them as a parliament , when not long since ( you told some of themselves ) you did not look upon them as a parliament , but as a company of honest gentlemen that met there for the good of their countrey , and upon that accompt you joyn'd with them . in concluding of the paragraph , page 10. you say , if to be fai●hfull and constant to the parliament , in opposition to a single person , king-ship , &c. if to bear witnesse against such as are disaffected to publick interest , or as are vicious in their lives and conversations , &c. be high treason , you then confesse your self guilty . answ. if that were all , i should say the same with you ; but stay sir , there is somewhat else : is it fidelity to this parliament , for a general of ireland to come from thence , and sit in the counsels of their enemies ? would this have been judg'd so , had any member of the house , or general of their army gone to sit with the kings counsels , as i said before , in oxford ? nay , have not the house already determined it in their sentencing of sir henry vane , and major sallaway ? is it fidelity to the parliament to be ingaged as one of the chief to settle a new foundation of government for these nations ? is this to bear your witness , against such as are disaffected to the parliaments interest ? who were ever against the parliament , if such be not , that shall presume to pull out their masters , and make null their lawes , and yet with such you could joyne ; whether this be the substance of the articles , or all that is to be said , i will not determine . but certainly , if these things are not treason , they are highly criminal . for ( to make the best of it ) can any rational man think that 't is a sufficient plea for a general of an army , to quit his duty as a general , to run to the enemies counsels to intreat them to let their masters sit again . you tell them again in page 11. of your intentions to 〈◊〉 thorow into ireland , in order to compose the difference there . answ. but why were not your intentions put in practise till within two dayes of the parliaments sitting ; can any man judge your intentions to be real , when your actions were contrary ? had you been made a prisoner for endeavouring to escape , the army in ireland would have unanimously declared for you : but it seems there was no such danger ; for in the same pag. you say , you had laboured with the lord fleetwood , that you might repair to your charge above a moneth or five weeks before he sent you ; an ill sign your intentions were real : for to use your own words in the same page ; had that power any longer prevail'd , you had staid longer with them , ( i am sure nothing less can be imply'd : ) but you say , fleetwood having received a letter from captain algat , that ireland had declared for the parliament , he then thought it necessary you should repair to your charge . answ. it seems you were one of those soldiers that was under authority , when you were bid stay , you stai'd ; and when you were bid go , you went . and is this to shew your fidelity to the parliament , of which you so much boast , that you would not adventure some hazards to get from their enemies ? or who will not say , the army of ireland had sufficient cause to conclude , that if you had been a friend to the parliament , you had been clapt up in london , and not sent away with a mandamus by fleetwood . in page 12. you say , your brother kempsons name was set to the declaration , contrary to his minde , because he did not like the company . answ. the latter i easily believe , because he found no whimsical persons amongst them ; but i assure you the former is not true , for he ordered the clerk to set his name , after some contest had been , about the words , our lieutenant general . but , you say , you looked upon it as your dutie to hasten into ireland , because many persons that had subscribed the declaration were of a contrary principle thereto , and adhered to another interest , namely that of a single person . answ. but suppose they had been such , are your principles so rigid and imposing ( which you yet condemn in others ) as you will never admit of repentance ? 2. but why more hast now then good speed ? had your haste been so hastie , you would have hasted over before , to have hindred that revolt that was made from the parliament ; but it seems there was no danger on that side ; for if the work were done , as you declared at connaway , you did not care by what instruments , so it might not be by a single person . in the same page to answer the officers , you tell them , that before you left london , you took your leave of the speaker and left the addresse of the officers with him , which declar'd their hearty affections to this parliament , and their resolution to stand by them , to which very few of the subscribers hearts or hands then were . answ. no doubt your going to the speaker at that time was your wisdome ; but certainly there would have appeared more integritie had you gone sooner , or else have published the addresse in print as soon as you came to london ; but when it might have done good , you could keep it in obscurity , and then discover it when be sure it was of no advantage ; 't is well their fidelitie was better made knowne by their own actions then by yours . the designe of the subscribers , you say , is now laid open by their imprisoning many persons that did declare for the parliament , though not with them . answ. friendship is best known in time of straights ; at such a season the army in ireland generally shewed their fidelitie , whereas several now under restraint declar'd not till forc'd to it , and the rest had publickly defected from the very beginning ; but the world may see by this , who you judge to be the parliaments best friends . in the next , you say , it is now out of doubt they are for the king , because the moderatest of that party have publickly declar'd for sir george booth's design . answ. there is much fraud in a general charge ; why do you not come to particulars , who they are ? indeed sir , if it may not offend you to compare persons with persons , i must then tell you , sir george booths offence will appear to deserve a favourable extenuation , caeteris paribus , when the crimes of the late disturbers will be found flat rebellion . in page 13. you say , had you been upon the place of your command , as general monk was , when the resolution of the army came to you , the advice of the officers had been good , but you were in your journey towards london , when you first received the news . answ. you received the news before you landed at connaway in wales , and advice was given you to returne for ireland ; which if you had done , you might have been in the same posture quickly with general monk , had there been but the like affections ; the want whereof you sufficiently discovered to sr. henry ingoldsby ; when you told him , that if those in power ( meaning the army ) would do but as good things for the nations ; so the work was done , you cared not who were the instruments ; a strange expression for a parliaments general , who stands so much to vindicate his constant good affection . the next thing you seeme to vindicate your self in , is in the election of the officers that were to be sent to london , where you say , if they were design'd in opposition to the parliament , it was contrary to what you intended ; and general monk commissioners having consented , made you the more willing . ans. but their meeting to such an end was not contrary to your knowledge , it being the third article ; and surely you could not plead ignorance , what the articles were , when you confesse the commissioners before mentioned had sign'd them . but you had the better hope of such a meeting of the general council , because as you say , three parts of the army had not been engaged in that interruption , only that part about london . answ. 't is the same thing to justifie an evil act when done , as to be actors in it ; or else , why do you condemn the officers in ireland for owning the interest of a single person when set up , though they had no hand in the doing thereof ? but 't is easier to see how partial your judgement is , especially considering the declarations that were sent up to general fleetwood from lilborne , and severall others parts , to owne the action . you say , your letters to colonel richards do sufficiently explaine what you meant , by the advice you gave , to choose such men that were spirited to the work . answ. but how should the rest of the officers , to whom you writ , know your meaning , when you never told them to whom they should apply themselves for explanation ? surely since you are so exact to remember the contents of his letter , amongst so many , you intended that should shelter you in case of a future storm . but , the subscribers , you say , shew how ready they were to comply with the army in england , by calling an irish parliament to meet on the same day . answ. suppose the armie in ireland to supply their necessities , had taken an example from general monk in scotland , when all visible face of authoritie was pull'd down by the armie in england ; had this been such a hainous crime ? truly sir , in condemning them for this , you do but equally charge him , whose actions hath sufficiently appear'd honourable to the world . you now draw on to your concluding page , and say , thus you hope satisfactorily you have given an answer to each particular in the letter . answ. but how well i appeal to your judges . the truth is , that which you call an answer is nothing but an evasion fill'd with bespattering termes , a thing you complain of in your opposites ; and the chief parts of your answer consists , either in condemning the persons or actions of those the parliament have justified , or pleading your own authoritie , which , for ought i know , you have sufficiently forfeited ; or your good intentions , which none knew but your self . in your last page , you say , you have made it your practice , according to your principles , to promote an english interest in ireland , and to give countenance to all such who fear god . answ. but is that the way to promote an english interest in ireland , or to countenance such as fear god , and work righteousnesse ? to set up faction , and to lay aside officers , saying , o he is a presbyterian ! what brave encouragement this was for any sober , honest englishman to come over and plant in that nation , let the world judge . but , you say , many that now pretend to wish well to the parliament laid down their commissions when they were restored , and some were laid aside by this parliament , and o-others were so to be , because of their adherence to a contrary interest , and for viciousnesse of life and conversation . answ. the first sort are ( wilfully ) mistaken , for the true reason of laying down their commissions , was because they could not run , with those sonnes of errour , who had the onely smiles of your authoritie : the second sort have been alreadie vindicated , who by their actions have shewed themselves much more faithful then those , in which you so much confided : but seeing the parliament have been mistaken in their friends once , i hope they will take heed who they trust now ; and to conclude , let me here intreat our present worthies , not to look upon their cause to be so tottering , thar they must needs go down to egypt for help ; take heed of such oathes , that will turn out men of sobrietie , and not onely make way for all the factious spirits of the nations , to bring them in again to its support , who make no conscience of keeping them , but do engage men to fight against heaven ; let god be trusted with his own cause in his own way , without leaning upon such broken reeds . those that are sober christians , though of different perswasions , countenance ; but this hath not been our case , pragmatical , sausie , impudent fellows , whose tongues were set on fire of hell , to raile against ministrie , learning , tyrhes , or that could preach ( yea , rather prate ) for tolerating all heresie and blasphemy , these have been the chief objects of favour , by which means you have lost five hundred for one in the affections of the nations , and had so narrowed your interest , that the parliaments cause for many years hath run retrograde , whereas , were but the house fill'd , a synod call'd , and religion settled , with a sober toleration , the good old cause would thrive in spight of hell , without which , give me leave to tell you , a blast from the almighty will suddenly come upon it and the nations . finis . notes, typically marginal, from the original text notes for div a65920e-170 though the officers fidelity may justly merit the places , yet all is submitted to the parliaments pleasure , who in answer to the armies humble representation , voted this as answer to one of the heads therein contained , that such whos good service should merit inc●uragement or re-reward , should accordingly have it ; and though they have merited their thanks , yet whether they have deserved their places , is at their judgment the truth of the times vindicated whereby the lawfulnesse of parliamentary procedings in taking up of arms, is justified, doctor fernes reply answered, and the case in question more fully resolved / by william bridge ... bridge, william, 1600?-1670. this text is an enriched version of the tcp digital transcription a29375 of text r19219 in the english short title catalog (wing b4467). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 169 kb of xml-encoded text transcribed from 32 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a29375 wing b4467 estc r19219 12042634 ocm 12042634 53006 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a29375) transcribed from: (early english books online ; image set 53006) images scanned from microfilm: (early english books, 1641-1700 ; 239:e61, no 20) the truth of the times vindicated whereby the lawfulnesse of parliamentary procedings in taking up of arms, is justified, doctor fernes reply answered, and the case in question more fully resolved / by william bridge ... bridge, william, 1600?-1670. [8], 54 [i.e. 50] p. printed by t.p. and m.s. for ben. allen ..., london : 1643. reproduction of original in thomason collection, british library. eng ferne, h. -(henry), 1602-1662. -resolving of conscience. ferne, h. -(henry), 1602-1662. -conscience satisfied. england and wales. -parliament. divine right of kings. a29375 r19219 (wing b4467). civilwar no the truth of the times vindicated: whereby the lawfulnesse of parliamentary procedings in taking up of arms, is justified, doctor fernes rep bridge, william 1643 30010 432 120 0 0 0 0 184 f the rate of 184 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2006-05 tcp assigned for keying and markup 2006-07 apex covantage keyed and coded from proquest page images 2007-02 robyn anspach sampled and proofread 2007-02 robyn anspach text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the truth of the times vindicated : whereby the lawfulnesse of parliamentary procedings in taking up of arms , is justified , doctor fernes reply answered , and the case in question more fully resolved . by william bridge preacher of gods word at great yarmoth . psal. 127. 1. except the lord keep the citie , the watchman waketh but in vain . quaeso lector , ut memor tribunalis domini & de judicio tuo te intelligens judicandum , nec mihi nec adversario meo foveas , neve personas loquentium , sed causam consideres . hierom. printed according to order . london , printed by t. p. and m. s. for ben : allen , and are to be sold at his shop in popes-head alley . 1643. errata . in the frontispice for soveas read faveas in the epistle , for being asked , read having asked . p. 2 , 3 , 4 , 5 , 6 , 7 , 8. for truths of the time , r. truth of the times ▪ p 4 for there r. they p 5. for altha●ius r. altha●ius , for henomus , &c. r. henonius . henning and amisaus . p ▪ 7. for yet r. yea . p. 8. for {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} p 10. for duct a naturar . d●cta naturae . p. 13. for rainervus r. rainerius . p. 13. for affect r. effect ▪ p. 14. for under r. into . p 15. for oppose r. expose . p. 15. for governed r. governing . p. 26. for junius , josephus , brutus , read junius , brutus , josephus p. 29. for ropos . r. propos. p. 35 ▪ & 36. for dwell r. dwelt . p. 37. for thats read its . p 39. for wisd. 22. r. rev. 2. p. 39. for but passive r. not passive , p 40. for if lawfull r. lawfull . p. 41. for take of , r. take heed of . pag. 45. for to which , r. which . p. 45. for see will ▪ read so will . p. 46. for committe r. community . p. 47. for that prince r. the prince . p. 47. for being read bring : for that that r. that it . there are many faults escaped in the marginall latine , yet because the latine is turned into english , and the authors cited , i do not note those errata . to the right vvorshipfvll , the knights and gentlemen deputie-lieutenants of the county of norfolk . honoured sirs : give me leave to joyn you together in one epistle whom god and your countrey hath joyned together in one service ; it is not in my purpose to blazen your worth before the world , your own actions speak you in the gate , and wise men had rather do worthily then heare of it ; onely observing your unwearied labour of love for god and your countrey . i count it my duty to come forth and meet you with this pen-service in testimonie of my thankfull respects to you . you read numb. 25. when the wrath of god brake out against israel , that phineas stood up and executed judgement , and the wrath was not onely diverted but himself blessed , yea the blessing was a blessing of peace though wrought out by the sword : your like action in this time of wrath will carrie the like blessing on your selves and houses , yet your work is rather to bring men to justice then to execute it . many blessed comforts w●it on your service . first , we read in scripture but of one man so potent in heaven that he could command the sun to stand still , and he was a souldier , joshua ; but of one man of whom it was said , that he had an heart after gods own heart , and he was a great souldier , david : but of one man of whom christ gave that great testimonie , i have not found so great faith no not in israel . and he was a souldier too the centurion , thus ha●h god honoured your calling . secondly , your work is good , for you are the ministers of reformation . i read of a king of meth , sometimes in ireland , that being asked how certain noysome birds that came flying into that countrey and bred there might be destroyed : was answered thus , nidos eorum ubique destruendos : the way to be rid of them was to destroy their nests . now for a long season many noysome birds have been flying over into this kingdom , and have bred here ; the work of these times , is to destroy those nests of jesuites and jesuited persons , and it is that work which now you are upon . though it cost some paines its worth your labour , happie is that necessitie which leads to better things . thirdly , your cause is just also , agreeable to the law of nature ; for , conservatio sui ipsius est opus naturalissimum , to the law of god : for david though not the representative body y●t lawfully took up armes for his own defence ; to the law of the kingdom , for what more legall then that the houses of parliament should bring in delinquents to triall , and how can that be without armes when the delinquents betake themselves to their armes ? the schoolmen say three things concurre to a just warre . first , jurisdictio indicentis , and for that you have the authoritie of parliament , which , as one writes , if you respect antiquitie , is of all courts the most ancient ; if dignitie , is of all courts the most hononorable ; if authoritie and jurisdiction , is of all courts the most copious . secondly , offensio patientis , and for that you have matter too much , and your enemies too little , the great cause of their armes is but some peece of prerogative ( if they pretend truly ) a cause infinitely beneath so unkind & bloodie a war as this is . thirdly , intentïo boni convenientis , and for that i dare say you are bellando pacifici , your war being to prevent warre , and your present bleeding to prevent some great sicknesse which this state would sink under . fourthly , your forces live and march under as many prayers as ever english armies did , you have preces arma●as ; and though joshua fought valiantly , exod. 17. yet the prayers of moses ( who was not in the fight ) got the field . fifthly , if you do overcome , you shall not make your selves slaves by your own victories ; we may truly say of some , dum vincunt victi sunt : when they have overcome others , they are slaves themselves ; your religion , laws , and liberties stand all readie to reward your prowes . and sixthly , if you be overcome and die , you die for god and your countrey ; who can bring his life into a better market ? blessed are those that dye for the lord , so that word ● is rather to be read , rev. 14. 13. wherefore as heretofore so now much more labour to hold forth the vertues of him that hath called you to this great imployment . as souldiers are more honoured then others , so they should be more vertuous ; he had need carry much grace in his heart that doth daily carrie his life in his hand ; and your souldiers should as well overcome the countreys with their good examples , as the enemies with their swords . when joshua went out to battell against the amalakites his men were all chosen or choice men , exod. 17. 9. and saith the lord deut. 23. 9 when the hoste goeth forth against thine enemie then keep thee from every wicked thing . it is ordinarily observed , that when the jews marched out of egypt into canaan , they carried in their colours some significative signe , judah carried a lyon in his standard , ephraim an ox , reuben , the picture of a man , nepthali an hinde ; a lyon noting their courage , a man noting their skill and understanding , an hinde noting their swiftn●sse and readinesse for execution ; and an ox for patience , strength and obedience . such colours should those weare in their lives that are souldiers for god . the enemies of the churches had their colours also ; the beare , the leopard , &c. dan. 7. cruell in humane practises , being more fit to be worne in their lives then ours . how can men be faithfull to you that are unfaithfull to god ? dr. ferne , your adversary and mine , writes thus of the parliaments forces ; if a list of the army against his majestie were examined , there would be found if not a considerable number of papists , yet of such as they that employ them would have cause to be ashamed of , &c. it may be some of your souldiers would say as davids did , let me go over i pray thee and take off his head . but let your answer rather be ▪ let him alone , and let him reproach , it may be that the lord will look on mine affliction , and that the lord will requite good for his reproaching this day . and as formerly so now yet more and more let your endeavour be to wipe off such aspersions by sending and employing such souldiers as may not stain your good cause with their ill practise , let your motto be , militia fine malitia . and as for your successe either it will be good or bad ; if bad , measure not the goodnesse of your cause thereby . eventus est stultorum argumentum , it is gods course to give by denying , non habendo habemus . wicked benjamin who took part with the delinquents of g●beah , must first prevaile against not representative , but all israel , who took up armes to do justice , that israel might be the more provoked against them . judg. 20. and if your successe be good , let your men carry it humbly : humilitie after mercie makes men fit for more mercie . and he that boasts in his own bodie , boasts in his own prison : rejoyce not , saith solomon , when thine enemie falleth . pro. 24. 17. your souldiers may rejoyce in gods providence , but not in their enemies blood . zonarus writes that this was the manner amongst the romanes when any triumphed , that an officer stood behind him , saying , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , look what is behind , and there he saw a bell and a whip ; a whip noting that for all his greatnesse he might come under the lash of misery , which bell-like would sound very loud . thus have i taken the boldnesse to present you with my rude thoughts and this small treatise , concerning which i say as salvian , i have not sought smooth but profitable words . and in which because it hath pleased god to lay the foundation of your proceedings in your good successe at crowland , by the hand and command of that worthie gentleman sir miles hobert , i wish you that blessing which the abbat of crowland when he began to build the abbey would have made the foundation thereof , perpetuam foelicitatem . your humble servant in the gospel of christ jesus . w. bridge . an advertisement to the reader . thou mayst perhaps wonder that this answer was no sooner returned to the doctors reply , which came forth so long agoe , so that now it may seem to come forth too late : know therefore first , that the doctors book it selfe , some while went up and downe in the darke , seen onely of a few . secondly , that the author of the answer living farre from london , it was much longer before he could have the sight of it : after he had it , he soone dispatched his answer , which he left in the hands of some friends here , a moneth since , to be published , but new licencers being appointed , much time was spent in carrying of it from one to another for leave to travell safely : as also printers being full either of businesse or negligence , it comes to passe , that it hath been much longer in the birth then in the breeding . i hope it comes not too late to satisfie the conscience of the well-affected , or to encourage those that are engaged in this so necessary a defensive warre ; and it may be much more seasonable then if before , whiles peoples mindes are generally inclined to goe up with one unanimous consent personally to maintain the true religion , life and liberty of the subiect , which seems to be the likeliest way to put an end to our unnaturall uncivill warres , and happy shall that man be called , that shall help forward that great worke , and be a meanes to still the storme , the end of a inst warre being peace , as the lancing of the wound is for the cure of it . farewell . i. a. an introdvction to the reader . good reader , you see into what sad times we are now fallen : our english sunne is almost set , out day of peace and plenty is almost done ; workmen go from their labour , & beasts go forth to their prey . and it war be the worst of all miseries , and civill warre the worst of all wars ( as indeed it is : for there the parents do bury their children ; a whereas otherwise the children do bury their parents ) then is our condition of all the most lamentable . the disputing time is almost now over : the doctor hath stared so long in bringing up his rear , that i fear the controversie depending , is now rather to be determined with the dint of the sword , then with the strength of the pen : yet because the temple must be built in troubleous times , and the tide of truth doth usually at the first creep up by the bank side against the streame ; i am not unwilling for truths sake , once more to appeare in this cause , that i may deliver it from those exceptions wherewith the doctor hath burthened the same . it is not long since i met with the doctors reply , and at the first i thought it not necessary to give any answer unto it ; partly beeause the subject is so well beaten , that he is almost answered before he hath objected ; partly because i count that reply scarce worth a sober answer , which is clothed with so many scoffing jeeres , and vile reproches , things unworthy ▪ of a d. d. especially such as pretend satisfaction of conscience : but it will finde entertainment with conscience according to its owne nature : for what luther speakes of certaine preachers , is true of writers also . b multi sunt ( saith he ) there are many hot and tumultuous preachers , who would have all things done as they say , not so much willing to be heard because they speake the word of god , as because they are teachers of it , desiring rather that the organ then the sonnd may be commended ; who having meditated and conceived some words , do promise to themselves presently to convert those that heare them : whereas through the wonderfull wisedome of god , they do nothing lesse then what they thought : for the soule of man perceiving that the word preached is compounded with their art , and covered over with humane dung ; that is , poluted with humane affection and passion , it doth therefore nauseat the thing delivered , and is rather provoked then converted . yet because i have been earnestly desired by friends , to open more fully the nature of government and civill government of england , i am not unwilling to set pen to paper againe . for your better satisfaction therefore give me leave to lead you on by some steps or propositions which i shall lay down in the first and second chapters , and then shall come more neerly to answer the doctor . chap. i , now because the basis of our question is , concerning the nature of government , rule and authority , or ruling and governing power ( in which principle our doctor is so much mistaken ) i must ( though at last ) shew what that is . power in it selfe therefore , or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the word used rom. 13. properly signifies a liberty or authority to c worke or act towards others , translated licentia from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as licentia à licet : sometimes the word is used in the abstract , as luke 4. 6. luke 19. 17. sometimes in the concreate , as matth. 8. 9. rom. 13. 1. 2. where , saith gerard , d not without great advice the apostle paul doth use an abstractive manner of speech to shew that subiects ought not so much to respect the persons commanding , as the office it selfe in their commandements . take the word in the abstract , so it is all one with jurisdiction , which is ordinarily described to be jus dicendi in invitum . now this governing power is either ecclesiasticall or civill : civill concerning which our question is according to the apostle paul , as gerard , e bucanan , and others have it , is that ordinance of god which is armed with the sword for the terror of those that are evill , and encouragement of those that do well , rom. 13 1 2. 3. this dominion of jurisdiction is distinguished from dominion of propriety : for dominion of propriety , as medina observes , f is a power of disposing of any thing that is a mans owne to his own profit . the power of jurisdiction or government is not so ; which while some have mistaken , they have attributed so much power to the prince , in regard of townes , castles and forts , as if he had therein dominion of propriety , which breeds much confusion in mens apprehensions , and doth bias their thoughts into state errors . according to alman , secular or civill power , g is that power which regularly is given to one , or more , by the people , for the ordering and preservation of the common-wealth , according to the civill lawes thereof . i shall go no further then the scripture will lead us plainly in this particular : as ecclesiasticall power or jurisdiction is ministeriall , and therefore called , jus clavium , the power of the keyes ; so civill power is lordly , and therefore called , jus gladii , the power of the sword , whereby some are authorized to exercise jurisdiction in common-wealths over others , for the reward of those that are good , and the punishment of those that are evill : that is , governing or ruling power . 2d proposition . if we take governing or ruling power as abstractively considered , so it is an ordinance appointed by god himselfe , by me kings reigne , saith god . and our saviour when pilate said : knowest thou not that i have power to loose thee ? &c. said , thou hadst it not unlesse it were given thee from above . and againe , give unto caesar the things that are caejars , shewing that as god hath his dues in the world , so the magistrate hath his . besides , we are comanded to obey and submit unto the higher powers , rom. 13. and why should there be any obedience if the power it selfe were not commanded of god ; yea , the israelites are faulted for contemning of god himselfe , in casting off the government of samuel , which there should not have been , had not government been appointed by god . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , said the heathen . luther calls magistracie , necessarium naturae corruptaremedium , the necessarie remedy of corrupt nature . and tertullian saith well , inde imperator unde homo antequam imperator . the voice of nature is the voice of god : now nature it selfe teacheth , that in a commmunity , or body politicke , there must be justice administred , otherwise the community can never be preserved : but justice cannot be administred , nnlesse authority , power or jurisdiction , be first appointed ; for what hath a private man to do to put another to death ? thou shalt not kill , is made to all men . object . but the apostle calls it , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , an humane constitution or creature , how therefore is it true that ruling power is an ordinance appointed of god himselfe . answ. the apostle dorh no where say , that power it selfe , or magistracie in the abstract , is an ordinance of man , but the forme or qualification of it , as monarchy , aristocracie , democracie , ( which are the chanels in which this power runs ) is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . and therefore the apostle having said , be subject to every ordidinance of man , he addeth , whether to the king as supreame , or to the governours , &c. h durandus here distinguishes between institution of power , and acquisition of it secular power , saith he , considered according to its institution , is of god , but according to its acquisition , and way of use , so not : our doctor doth ordinarily confound these in his reasonings ; yea , though he distinguishes them when he sets downe his owne naked judgement , yet when he comes to reason against us , he will take no notice of his owne distinction , neither can we perswade him to it : but the thing being as visible as the sunne , i passe to the third and chiefe step of my discourse , which is this following . 3● propos. though power abstractively considered , be originally from god himselfe , yet he hath communicated that power to the people , so as the first subject seat and receptacle of ruling civill power under himselfe , is the whole people or body politicke . to this purpose doctor ruherfords words are very plaine , afree common-wealth , saith he , containes ordines regni , the states that have nomotheticke power , and they not onely by the law of nature may use justa tutela , a necessary defence of their lives from a tyrants fury , but also by the law of nations may authoritatively represse and limit , as is proved by junius , brutus , bucherius , althasius , haenomus . therefore heming , amiceus doe well distinguish between plebem & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , populum : for indeed the multitude ( excluding the states ) or base of the people , can hardly have another law against i tyrant , then the law of nature . but the common-wealth , including the states of a free kingdome , hath an authoritative . so isodore , origen , atistotle , plato , titus livius , plutarch , and that of the councell of basil , plus valet regnum quam rex , the kingdome is more worth then the king , approved by all . thus farre doctor rutherford , professor of divinity in scotland . the reasons of my position are these : first , when god gave the power of the sword to men , gen. 9 6. he gave it indiscriminatim , without difference , to all the world , noah and his sonnes being all the men that were then alive in the world ; and he gave not the sword onely to noah , but to all his sonnes that then were upon the face of the earth ; not that every one might ordinarily use it , but that they might , as they thought fit , appoint one or more who might exercise that power that was given to all , as the first seat of it . secondly , because the power of ruling and governing is naturall , and what ever is naturall , doth first agree to the communitie , or totum , and afterward to the particular person or part , as the power of seeing and hearing ( as k facultas parisiensis observes to this purpose ) is firstly in the man and from the man in the eye or eare or particular member . thirdly , because the fluxus and refluxus of civill authoritie , is from and to the people : if the authority of ruling in a commonwealth be given by the people to him that ruleth ( i speake what is jure & regulariter ) and returneth to them againe to see justice done in case that there is no particular supreme magistrate left to rule then the first subject seat and receptable of ruling power must needs be in the people . now so it is , that both these are true , which i shall prove one after another : as first , the fluxus of civill authority is from the people , civill government or authority is derived from the people to the prince , or him that ruleth : they ordinarily and regularly doe and are to communicate that governing power where with such or such a person is so invested : therefore saith the lord , d●ut. 17. 14. 15. when thou art come into the land which the lord thy god giveth thee , and shalt possesse it , and shalt dwell therein , and shalt say , i will set a king over me , like as all the nations that are about me , thou shalt in any wise set him king over thee whom the lord thy god shall chuse , thou shalt not set a stranger over thee which is not thy brother . where we shall see , that the whole power of appointing and setting a king over them , was given unto that people ( as other nations had it ) by god himselfe . for first , god directing them herein , doth not say thus : when thou dwellest in the land which i shall give thee , take heed that thou do not set a king over thee , which thing belongs not to thee ; but as a matter belonging to the people , he saith , when thou shalt say , i will set a king over me , be sure that he be a good one , and such as is pleasing to me . secondly , in that he doth take away the power from them of making a stranger , he granteth them a power to make a brother , as l mendoza well observes . now saith god to them , thou mayest not set a stranger over thee , which is not thy brother . thirdly , what can be more plaine then the words themselves ? in the 15. verse the words are reduplicated , ponendo pones , according to the hebrew , in placing thou shalt place : and that there might bee no mistake in the matter , god is pleased to explaine the former word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which we translate , set or place , by an afterward in the ●5 . verse , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which signifies to give , thus , thou mai●st not give a stranger over thee , so that setting and giving in these two verses , are all one , shewing that is firstly in the people to set or give a power unto others to rule over them . secondly the apostle peter calis this civill power {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . now it is not therefore called so , onely because it concerns men , or because it is conversant about men , or appointed for the good of men : for then the government m of the church also should be so called but because the way of governing is raised appointed , established by man himselfe , as is observed out of oecumenius n . thirdly , this derivation of authority from the people will appeare also , if men do seriously consider the state of jewish government . there was no people nnder heaven whom god did so immediatly reigne over , as their king ; yet if we observe those kings that were the most immediatly appointed by god himselfe , we shall finde the intervening choice of the people , insomuch as it is said of saul expresly , that the people did chuse him , 1 sam. 12. 13. behold your king whom you have chosen and desired , upon which words mendoza observes , that by the word chosen cannot be meant desired , because that word was added too , as different from the former , yet it is said , 1 sam. 11. 15. that all the people went to gilgall , and there they made saul king : whereupon , sayes o mendoza , what is more plain ? neither could they make him king otherwise , then by conferring kingly power upon him . i doe not say that god did not make a designation of his person to the crowne , there is much difference between the designation of person , and collation of power . when the israelites were under the government ofthe of the judges , they desired & chose a new way of government , saying to samuel : now make us a king to judge us , like all the nations , 1. sam. 8 5. and when god had yeelded to them , and had designed saul over them , the people also came in with their election and sufftages . neither are these two , gods designation and mans election repugnant , but may stand together : for as zepperus observes on those words , deut. 17. p thou shalt set over thee a man whom god shall choose ; the election may be of god , the constitution , susception and comprobation of the people by their suffrages . and car. scribanius q who purposely writes of the forme and manner of the jewes government and common-wealth , speaks abundantly and plainly thus : but for that which concernes the creation of the king of israel , he was first ( saith he ) created by the suffrages of the whole people . and if god would have it so then among the children of israel , whom he intended in speciall manner to reigne over himselfe , much more may we thinke that god would have the first constitution of kingdomes to be so ordered now , and amongst other people : wherefore i conclude this , that the prince doth and ought at first to receive his government and authoritie from the people , and that the people themselves do give it to him . and if so , then the first seat and subject of civill government , is the people : r for that nothing can give that to another , which it hath not it selfe first either formally or virtually . and now secondly , for the reflux of authority , so it is , that in case there have been a supreme magistrate in a state , and all particulars cease , and the royall line be spent ▪ and justice to be executed , it returnes to the whole body to see to it . as when josua and divers judges had ruled in israel yet we read that after them , judg. 19 1. there was no king in israel , and then was the great sinne committed by the men of gibeah with the levites concubine : whereupon all israel did take the sword of justice , and they said judg. 20. 13. to the men of gibea , deliver us the men the children of belial , which are in gibea , that we may put them to death ; which gibea refusing , they did all as one man , goe up in armes against them , god himselfe approving their act . and what had all israel to doe to execute justice , if the power of the sword did not returne to the people , vacante magistratu supremo : neither can it be objected , that though israell had no king and supreme magistrate amongst them , yet they had severall heads of the tribes , by whose power they did come together for the execution of justice , as it might seeme to be judges . 20. 2. for sometimes the chiefe of the tribes doth in scripture phrase signifie those that are chiefe in age , wisedome and riches , not such as were chiefe in authority . besides , this action is imputed to all the people , there being foure hundred thousand men that came together upon this designe , vers. 2 , unto whom the levite made his complaint , vers 7. yee are all children of israel , give here your advice and counsell and all the people arose as one man , vers 8 saying vers . 9. now this shall be the thing we will doe to gibea , and vers 11 so all the men of israel were gathered against gibea . and least that any should thinke that this worke was done by the power of some remaines of regall authority amongst them , it is not onely said before this work begun , that there was no king in israel in those dayes ▪ judg. 19 1. but after all was done ▪ i is said further chap. 21. 25. in those dayes there was no king in israel , and every man did that which was right in his owne eyes ; so that jus gladii , the right of the sword , in case of defection , returneth to them again , so far as to see that justice be duly executed : and therefore if both the fluxus and refluxus of authority , be from and to the people , then must they needs be under god the first seat , subject and receptacle of civill power . object . but the scripture tells us , that the powers that be are ordained of god rom. 13 1. and it ordained of god , then not of man , nor by any fluxus , or appointment from or of man . ans. not to speake of the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which signifies rather ordered then ordained : government is of god two wayes , either by immediate donation , as that of moses , or by mediate derivation , as that of iudges , and the kings of israel . the government of princes now is not by immediate donation or designation , but by mediate derivation , and so it is both of god and man too , as fortescue speakes , quicquid facit causa secunda , facit & causa prima . but the doctor tells us , that kings at first were not by choice of the people , but that election was a defection from , and a disturbance to that naturall way of descent of governing kingly power by a paternall right , pag. 9. of his reply . that monarchicall government is not a meere invention of man , as democracie and aristocracie are ; but that it is rather ductunaturae , though not jure naturae , we being led there unto through the veines of nature in a paternall or fatherly rule , pag. 8. as is plaine by the booke of god , that the first fathers of mankinde , were the first kings and rulers : for we see ( saith he ) that the earth was divided amongst noah and his three sonnes , and still as they increased , new colonies were sent out , who had the government both regall and sacerdotall , by primogeniture ; whence it appeares , ( saith he ) that monarchy was the first government , it being late ere any popular rule aristocraticall or democraticall appeared in the world : and that monarchy , how ever we cannot say that it was jure divino , yet it was exemplo divino , the government which god set up over his people , being monarchicall still in moses , judges and the kings of israel , pag. 8. ans. first , whereas the dr saith , that the first kings were not by the choice of the people at the first , p. 8. and that popular election was a kinde of defection from and a disturbance to that naturall way , &c. i refer doctor fern unto doctor fern , who saith both in his first and second book , pag. 67. of his reply , it is probable that kings at first were by election here as elswhere . this i have spoke to already , and shall speak to yet afterwards ; neither doe we take it unkindly that the doctor cannot agree with us , seeing he cannot agree with himselfe . secondly , whereas he saith , monarchicall government is not a meere invention of man , as aristocracie and democracie are , i refer him to what he saith himselfe : for in his first booke , pag. 13. 14. he saith : we must distinguish power it selfe , and the qualification of that power in severall formes of government : if we consider the qualification of this governing power , and the manner of executing it , according to the severall formes of government , we granted it before to be the invention of man . and when such a qualification or forme is orderly agreed upon , wee say it hath gods permissive approbation . yet in his reply he makes this forme of monarchicall government , rather an appointment of god , both ducta natura , and exemplo divino , and not a meere invention of man , as other formes of government are . here i must leave him to agree with himselfe . thirdly , whereas he saith ; that the first fathers of mankinde , were the first kings and rulers : for we see the earth divided amongst noahs three sonnes , &c. i referre him for information to the 1 chron. 1 ▪ 10. where it is said expressely of nimrod , that hee began to be mighty upon the earth ; whereas if noah and his sonnes were kings , their dominions being greater before the d●vision of the earth into after colonies , they should have been more mighty then he . and what his might was ▪ is declared to us , gen. 10. 10. and the beginning of his kingdome was babel , &c. here is the first time , as mendoza well observes , that we read of a kingdome after the flood , and that is marked with a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , rebellavit : for nimrod comes of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to rebell , as if in erecting his kingdome , he had rebelled against the way of government which before wasused if not appointed . and it should seem strange if god had appointed that way of government by making the sonnes of noah kings ; that cham , from whom came nimrod , who was that cursed and wicked posterity of noah , should keep that government alive which was set up by god ; and that shem , who was the godly posterity of noah , from whom came abram , should not : for we read not that abraham was a king , or that his government was monarchical ▪ but rather the contrary , as 1 chro. 1. 43. now these are the kings that reigned in the land of edom , before any king reigned over the children of israel . to this purpose mendoza ſ writeth who saith , before the descent into egypt , the jewes did not constitute a common-wealth , but a family : for ( as aristotle ) a common-wealth doth not arise but from a conjunction of many families ; but the● abrahams family was one , to which isaac's succeeded , and to that the house of jacob . and although in jacobs time , after severall marriages there sp●ang up divers families ( the government of all which could not be occonom●●al● or domesticall ) yet were there not so many families as could constitute any politicall common-wealth , but a middle kinde of community , which is called vitalis , or collectanea . yea in sect. 6. he proves out of austine , anton. isidore , that kingly government fell in the fourth age of the world : and therefore rupertus compares the fourth age of the world to the fourth day of the creation , t because as that did shine with starres , so this with kings . and whereas the doctor tells us , that this regall monarchicall government is naturall , though not jure , yet ductu naturae , we being led thereunto through the veines of nature , in a paternall or fatherly rule , as is plaine by the booke of god , that the first fathers of mankinde were kings , and so regall government to descend upon the first borne by primogeniture , as their families increased and spread further , &c. pag. 8. i referre him to what molina and pineda say , u molina will tell him , that power is of two sorts , some that hath its rise ex solo jure naturali , and therefore called naturall , as the power of the father over his children , and those that descend from him : other power there is , which hath its origination from the will of men , they being willing to subject themselves to the supreame , and is therefore called a civill power . so that paternall and civill power are not the same , but have two originals . and if monarchicall government should bee by paternall right , then is it not onely ductu , sed jure naturae ; ductus naturae is that whereby wee are led to any thing by the principles of nature : and that which wee are led to by the principles of nature , is jure naturae : for naturale est ( sayes the philosopher ) quod fluit ex principiis naturae . and so the membra dividentia should interfeere , whereas they ought to be fully opposite . besides , if paternall government doe lead us to regall , and monarchicall , then kings should and ought to rule as arbitrarily in their kindomes , as fathers doe in their families : and if subjects doe deny this arbitrary power to them , they sinne , because they are led thereunto by nature , and so all the kingdomes of the world should he in this sinne : for in what kingdome of the world doth a king rule as arbitrarily as a father in his family . again , this contrivance of government by the doctor , supposes that the eldest man , or father after the flood , though he were never so silly and weake , should be king , and that this regall government must necessarily descend upon the first borne , by vertue of primogeniture . for this i referre him to pineda , where at large in his booke de rebus salomonis , he may read pineda proving that among the israelites the crown did not descend upon the first born , but was alwayes disposed of according to the will of the parent , appointing it to this or that childe ; where he brings in abulensis retracting his opinion , and professing , that though he did formerly thinke that the crowne did descend upon the first borne , by vertue of primogeniture , yet at the last he was of another sentence , because it is said , 1 chron. 5. 1. 2. ruben the first borne of israel , because he defiled his fathers bed , his birthright was given to the sonnes of joseph ; yet verse 2. juda prevailed above his brethren , and of him came the chiefe rulers . now as they argue , if the crowne belonged to the first borne , as part of the birthright that should have been given unto the sonnes of joseph ; unto whom it is here said expressely the birthright was given : but the rule and crowne was given unto another tribe , arguing that it was no part of the birthright , or any necessary annexum to the primogeniture in those dayes . this doctrine pineda proves by examining the series of all the kings , instancing especially in solomon who was appointed king by david , notwithstanding he was not davids eldest sonne ; and abiah who was appointed by rehoboam , though rehoboam had many elder children ▪ as he clears from 2 chron. 11 18 , 19 , 20 , 21 22. fifthly , whereas the doctor saith , this monarchicall government was the first government that god set up ; in moses , judges , and kings of israel , and so though not jure divino , yet exemplo divino . i consesse i cannot but wonder at the conceit , seeing the difference between the government of judges and kings is so abundantly made out by car. sigonius , feverdentius , ranervus , abulensis , and many others ( a ) sigonius saith expresly , the first government among the hebrews was by the chiefe of the people , and after by kings , that by the greeks being , called aristocracie , and this monarchie ; aristocracie , saith he , was under the judges , joshua , and others , monarchie under kings , which aristocraticall government of theirs is signified to us by these words in deut. 12. 1. 8. these are the statutes and judgements which ye shall observe to do in the land which the lord thy god giveth thee . verse 1. then verse 8. ye shall not do after all the things that we do here this day , every man whatsoever is right in his own eyes . and indeed if the israelites were under monarchicall government in the times of the judges and monarchie was then on foot ; why should they desire it as another kind of government which yet they had not , 1. sam. 8. saying to samuel , now make us a king to judge us like all the nations : verse 5. by which it appeares that the government which they had before under the judges was not monarchicall as that which they had afterwards . let no man therefore swallow this principle so often inculcated by the doctor , that the government of israel under judges was monarchicall . for though some of the judges were called kings , yet as drusius and others observe , the word king was taken either more strictly for monarchs , or more largely for such captains and governours as did rule over them ; surely god at the first , by all we can read in the scripture , was pleased to appoint magistracie it selfe and left the children of men free to set up that way and forme of government , which in prudence might best correspond with their condition , still making people the first subject and receptacle of civill power : in proofe whereof i have stayed the longer , it being the foundation of all this controversie . and now passe on to the fourth proposition , which is . 4th . proposition . seeing that the people are under god the first subject of civill power , therefore the prince o● supreme magistrate hath no more power then what is communicated to him from the communitie , because the affect doth not exceed the vertue of its cause . 5th . proposition . and as the prince hath no more power then what is communicated from the communitie ; so the people or communitie cannot give away from themselves the power of selfe-preservation . because the same commandement that faith , thou shalt not kill : doth also say , thou shalt preserve . precepts that forbid evill , do command the contrary good . now the morall naturall law of god forbids a man to kill himselfe , and therefore commands him to preserve himselfe : and as by a positive act men cannot make a law to kill themselves , no more can they not to preserve themselves ; the one being as strongly commanded by the morall law , and as deeply seated in nature as the other . secondly , because if the communitie should give away the power of self-preservation , the state should not be in a better but in a worser condition then before . the king and prince is taken into office for the good of the people , therefore called pater patriae , & pastor gregis : not because he may arbitrarily rule in the common wealth as a father doth in his familie ; but because of his tender care that he is to have over his people ; and that the people might live more secure and peaceably in all godlinesse and honestie : but if the communitie should give such a trust to any one that they might not at all defend themselves beyond his actuall appointment , they should be infinitely in a worser condition then before , because before such trust they should be freemen ; but after the trust they should be slaves , unlesse it pleases the king through his own gratious condiscention to let them be free still : for what is a slave but such a one who is so absolutely at the power of anothers command , that he may be spoiled , or sold , or put under the gallies , and there beaten daily , having no power to make any resistance or selfe-defence . thirdly , it is agreeable to the law of nations and reason , that no inferiour court can undo what a superiour court hath done , as where an estate is setled upon children by act of parliament , no inferiour court of justice can cut off the intayle . now selfe-preservation is enacted in the court of nature , as he that hath read but magirus unbound , i meane common naturall principles , will grant , and therefore no act of a communitie can cut off this intayle from their posteritie , or make such a deed of conveyance whereby themselves and their children should be spoyled of self-preservation . ob. but though by nature a man is bound to preserve himself , yet he may destroy or put himself upon that which will be his destruction for the publick good ; doth not natura particularis go crosse to its own disposition , ne detur vacuum ? respons . true i have read indeed that natura particularis gives way to natura universalis , but never heard before that natura universalis gives way to natura particularis , or that natura universalis doth seek its own destruction , or loose the power of self-preservation for the good or betternesse of some particular nature . wherefore if the seat of power be in the community , and therefore no more power in the supreme then was and is derived from the communitie , and the people cannot give away the power of self preservation : then in case the prince doth neglect his trust so as not to preserve them , but to oppose them to violence , it is no usurpation for them to look to themselves , which yet may be no act of jurisdiction over their prince , or taking away of any power from him which they gave him , but is in truth a stirring up acting and exercising of that power which alwayes was left in themselves . chap. ii. having now spoken of power in generall , i shall say somewhat of the governing and ruling power of england ; yet because that concerns the parliament to declare ( which they have done ) and lawyers for to clear which they do , i shall but touch upon it , and no more then comes within the compasse and verge ( i do not say ) of a divine but subject . i find therefore in learned fortescue , lord chief-justice , and after lord chancellor in king henry the sixth time , that he doth distinguish of governed or ruling power into two sorts , the one meerly royall , and the other politick . when kingdoms are ruled by royall government , saith he , then men in a times past excelling in power , and greedie of dignity and glory , did many times by plain force subdue unto themselves their neighbours the nations adjoyning , and compelled them to do them service , and to obey their commands , which commands , they decreed afterwards to be unto the people , very laws . cap. 12. the forme of institution of a politick kingdom is that where a king is mad , and ordained for the defence of the law of his subjects , and of their bodies and goods , whereunto he receiveth power of his people , for that he cannot govern his people by any other power . cap. 13. now , saith he , the king of england cannot alter or change the laws of his realm at his pleasure , for he governeth his people by power , not onely royall , but also politick . and accordingly wil. the conquerour ( to go no higher , in whose entrance to the crown dr. f. makes the first contrivement of his english government for conscience to rest upon ) seemes to me to have possest himself of this kingdom , who though he did conquer the same , yet the first claime or title that he laid to this crown was gift , which edward the consessor had made to him ; herauld the former king having promised the crown also to him . in this right he first set foot on the english shore , not in the right of a conquest , but in the right of a gift and promise , as speed , cambden and others affirm . and afterwards when he had obtained the crown , he swore to use and practise the same good laws of edward for the common laws of this realme ; notwithstanding saith mr fox , amongst the said lawes i find in ancient records , this was part , that the king because he is vicar of the highest king , is appointed to rule the kingdome , and the lords people , to defend the holy church ; which unlesse he do the name of a king agrees not to him , but he loseth the name of a king , &c. 2ly , as the king and conqueror came into the kingdome by this claim , so we finde , that in those times the consent and choice of the people was in use for the establishing of kings amongst them : for when william the first sent to herald to make good his promise , herald answered , that he was rightfull king , as being so by the consent and choyce of the people , as is reported in cambden in his britannia , thus : as concerning the promise of king edw. william is to understand , that the realme of england could not be given by promise , neither ought i to be tied to the said promise , seeing the kingdome is fallen to me by election , and not inheritance . and as for his own stipulation , he said , it was extorted from him by force ; neither he if he could , nor might if he would , make it good , seeing it was done without the consent of the people . yea , histories tell us , that when william the first had beaten herald in the field , the people still were in doubt whom they should chuse and setup for their king : for sayes culiel . malmsburiens edwin and morcard came to london and solicited the citie that they would preferre one of them to the kingdome ; and the rest of the nobles would have chosen edgar , if the bishops would have stuck to them : but the english , who then might have healed the ruines of the kingdome , whilest they would none of their owne , brought in a stranger . so that though william the first had gotten the field , yet was not he brought to the crown , but with the consent and choyce ( though much over-pow'red and over-awed ) of the people . so sayes speed expressely , consent thus gotten , & all voices given for william , he was crowned king at westminster . 3ly , as the crown in those dayes was obtained by the consent & choice of the people , so i say , that even william the conquerour did not come to the crown without all conditions : for the kentish men would not receive him but upon cōdition , which they proposed thus , most noble duke , behold here the commons of kent are come forth to meet and receive you as their soveraigne , requiring your peace , their own free condition or estate , and their ancient lawes formerly used . if these bee denied , they are here presently to abide the verdict of battell , fully resolved rather to die then to depart with their lawes , or to live servile in bondage , which name and nature is , and ever shall be strange unto us , and not to be exdured . the conquerour driven to these streights , and loath to hazard all on so nice a point , more wisely then willingly granted their desires , and pledges on both parts given for performance . so saith speed in his chronicles , so that it is plain , that even william the first came not to the full crown of england , without all conditions , and therefore our kings and princes pleading their right from him , cannot be kings and princes without all conditions . i know dr. f. tells us , that the kings oath imports no condition , but is taken for confirmation and strengthning of mutuall duties : whether that be true , let any judge who reads but these things . and indeed , if the kings of england were such absolute monarchs , as that no resistance might be made to their commandments for the taking up of arms for the defence of the country , when enjoyned by parliament , then the subjects and people of england must lose this power of selfe-defence : ( for they once had it all men by nature having a power to defend themselves ) either by conquest , as being by force spoyled thereof , or else they gave it away by some indenture at the election of the prince ( for inheritance is but succession of election inheritance or immediate donation from god , or else god hath forbidden this forcible resistance by scripture . if it bee said that this people are spoiled thereof by conquest , and are as a people meetly conquered , then any other sword that is longer then the princes , may fetch back that power again . if it be said that this people gave away this power by indenture at the first election of their prince , then let men shew us such indenture . if it be said , that god hath forbidden such a forcible resistance by rom. 13. 1 , 2 , 3. or the like scriptures , then it must be affirmed that the parliament are not the higher powers , which dr ferne granteth : for if the parliament come within the compasse of those words ( higher powers ) then that scripture rom. 13. doth not reach them , but rather requires others to be obedient to them ; yea , if by the higher powers is understood onely the king , then the two houses may not ▪ make any forcible resistance against any petty constable that comes in the k● authority to do violence to the two houses . surely therefore this and the like scriptures are much abused , the meaning being only to command obedience to authority in all things that tend to the encouragement of good , and punishment of evill ; and therefore there is such a power in the subjects , both by the law of nature , and constitution of the kingdome , to take up arms when the state or two houses expresse it ; not withstanding the expression of any one man to the contrary . chap. iii. having shewed the nature of power in generall , in the first chapter , & the way & manner of englands government in some measure in the second chapter , i now come to the vindication of the truth , as opposed by dr fern in his last book called conscience satisfied , wherein he spends the 7 former chapters mostly in answer to a book called a fuller answer . in his 8. sect. he comes to examine such grounds as i premised for the lawfulnesse of parliamentary proceedings in taking up of arms as now they do . that i may not weary the reader in turning from book to book , i shall somtimes briefly set down what i had written , then his reply , then give my answer unto it . mr. bridge tels us , saith the doctor , that there are three grounds of their proceeding by armes : to fetch in delinquents to their triall , to secure the state from forrain invasion , to preserve themselves from popish rebellon . dr. ferne replyeth , yet this must be done in an orderly and legall way ; and if conscience would speake the truth , it could not say that any delinquents were denied , or withheld , till the militia was seized , and a great delinquent , in the matter of hull , was denied to be brought to triall at his majesties instance . ans. how true this is that the doctor writes the world knows i need not say : the parliament to this day never denied to try any that were accused by the king , so that they might be tried legally by himself and the two houses , which is the known priviledge of every parliament man according to law . dr. f. but mr. bridge tels us , all this is done as an act of self-preservation , not as an act of jurisdiction over their prince ; and the fuller answer would have us beleeve they are inabled to it by law ▪ and constitution of this government , and that they do it by an act of judgement : let him and mr. bridge agree it . ans. there needs no great skill to untie this knot , not mediator to make us friends , the parliament hath raised this army by an act of judgement and jurisdiction , not over their prince , but in regard of delinquents : so the same act may be a work of jurisdiction in regard of others , and yet an act of preservation in regard of our selves . the execution of any malefactor in an ordinary way of law is both preservation to the state , and a work of jurisdiction in regard of the offender , so here ; yet i do not say it is a work of jurisdiction over our prince , but in regard of delinquents that are about him . dr. f. mr. bridge gives us proofes for this way of self-preservation from the law of nature , it being naturall to a man , and so to a communitie to defend it self . and were this argument good , then might private men and the people without the parliament take up armes and resist , for self-preservation is naturall to them . ans. it follows not , because , though i say every thing may defend it self by nature , yet i say also it must do it modo suo & naturae suae convenienti ; we say that all creatures do defend themselves , and it is naturall so to do ; yet we do not therefore say that a beast defends himself in the same manner as a man doth , or a man as a beast , but in a way sutable to every nature . now if a private person be in danger to be oppressed by a prince , flying is more fit defence for him , and therefore saith our saviour , if they persecute thee in one city , flie to another : but if the state be wronged and oppressed , which is a publick grievance , then the state , and those that represent them are more fit to take up armes for its preservation . for nature in generall teacheth self-preservation ; nature specificated teacheth this or that preservation : now the nature of a communitie , and of a particular person are distinct , and therefore though i say a community is to defend it self because sui tutela is naturall to every thing ; yet i do not say , that a particular private person may ordinarily defend himself in that way which is most sutable to the communitie as the taking up of armes is , yet i suppose no moderate man will denie this that the subjects ( though ) not invested with authoritie have a power to keep out an enemie from landing incase of forrain invasion , yea though the kings officers should be negligent therein ; or so malitious and treacherous as to forbid them to defend themselves and their countrey . secondly , saith the doctor , he proves it by scriptures , 1 chron. 12. 19. where the word of god saith expresly , that david went out against saul to battell , but he was sauls subject at that time ; a desperate undertaking to make people beleeve this is expresse scripture for subjects to go out to battell against their king . but he should have added what is expressed there , it was with the philistines that he went out , and that he helped them not ▪ for he did but make shew of tendring his service to acis● . ans. here i need give no other answer then repeat those words fully that he replyes to ( which were these ) which scripture i bring not to ▪ prove that a subject may take up armes against the king , but that the subjects may take up arms against those that are malignant about the kings person , notwithstanding the kings command to the contrary . for seeing that davids heart smote him formerly for cutting of the lap of sauls garment , and yet it is said in expresse words in this text that he went out against saul , its likely that his intentions were against those that were evill and wicked about him . then the doctor brings in another peece of my argument , not the whole reason or the sense of it , thus , be subject to the higher powers , rom. 13. but the parliament is the highest court of justice . pa. 3. to which he replies ( modo suo ) well assumed , and so it is , for is not the highest court of justice an higher power ; we grant ( faith the doctor ) there is a subjection due to them , and if he meant by the parliament the 3. estates concurring all manner of subjection is due unter them . it 's well he will acknowledge any subjection due to the parliament without the third estate . and if any subjection then they have some authority ; but none they can have , if not power to bring in the accused to be tried before them . and if they have power to bring in 20 by force , then 100. then 1000. then 10000. which cannot be done without raising an army . then he undertakes , sayes the doctor , to shew out of scripture , that kings receive their power from the people , and hath the ill hap to light on saul , david and salomon for examples . ans. the doctor hath the ill hap alwayes to misse the argument which lay thus : if it be the duty of the king to looke to the safety of the kingdome , and that because he is trusted therewith by the common wealth ; then if the parliament be immediatly trusted by the common-wealth with the safety thereof as well as the king , though not so much , then are they to looke to it , and to use all means for the preservation thereof , as well as the king . but so it is , that the king is bound to look to the safety thereof , and that because he is intrusted therwith , as was saul , david and salomon , who came to their government by the consent and choice of the people . whereupon the doctor replies , he hath the ill hap to light on saul , david and salomon . but it seems the doctor had not the good hap to meet with these severall authors which affirme that even these kings , saul , david and salomon , were chosen by the people ▪ if he had read or minded them , he would not have imputed this as an ill hap unto me for to light on these examples , i will give him but the testimony of mendoza who though not of our judgement in this matter , yet ingeniously confesses , that with great probability authors do reason for a popular choise of saul , david , and salomon . whereas saith mendoza , it is objected , that samuel by anointing saul without any consent of the people , saying , the lord hath anointed thee king over his heritage , did thereby clearly shew , that the regall power was conferr'd upon saul not from the people , but from god , that is easily answered , that that vnction was not a signe of power already conferr'd , but to be conferr'd as may be proved by the anointing of david , whom samuel anointed , 1 king. 16. 13. dureing sauls raigne , yea while he had many yeares to ra●gnt . wherby it appeares that david did not receive regall power by that unction , but by that which he had afterward by all the tribes & elders ; when coming to hebron they anointed david king over israel ; therfore that first unction was not the conferring the regal power , but only a signification of this latter unction , by which this kingly power was to be derived or conveyed : so also that first anointing of saul before the consent of the people , did not signifie the kingly power already conferred , but to be conferred upon him , to wit , when all being gathered together by samuel to mispah gave their consent , and cryed out , let the king live . he hath fou●d an example and proofe for thetrust of parliement in davids time , 1 cro. 13. 1 , 2. because david consults with the captaines and leaders which were officers ●ot of the king , but kingdome , but those were officers of the king and kingdome , meerly designed by him not the people , and called by h m to that trust , pag 43 44 ▪ true i have found an example indeed in davids time for what i alledged : namely , that there were then certaine officers of the kingdome , not of the king onely , and though under him , yet were they with him trusted with the affaires of the kingdome . this also was the judgement of the protestant divines in france ( whose testimonie i shall relate afterwards ) of lumus , josephus , brutus , zepperus , sigonius , and many others . zepperus saith thus , that in saul , david and salomons time , & so before the captivity , the kingdom of israel was mixed with aristocracie , for it had a senate of 70. or great synedrim , which sate at jerusalem , whose iudges were called princes , who sitting by the king did dispatch the great affaires of the kingdome , unto whom was referred the choice of the king and high priest , and matters of war and other things greatly concerning the people . of this synedrion josephus saith , nihilagat rex sine senatorum sententia , yea , these senators were in such place with the king , that they were called his friends & brethren , 1 chron. 2. 2. and though the dr. saies , those officers in davids time were designed by the king , not the people , yet if we look to the originall in the first of deut. 13. we ●inde that the people did first give them to moses before he did make them rulers , for v. 13. moses relating the first constitution of that government saith , i said unto you , give mee wise men , and understanding and known men among your tribes , and i will make them rulers over you : the english translation readeth , take y●e wise men , the hebrew is give yee us , as montanus hath it , & when they had given them to moses , he saith , v. 15. so i received them ( so is the hebrew ) he would not make any rulers over them , but such as he had first e c eived from them and they had given unto him and so though at the first it pleased god to appoint those rulers or councell of state called the sanedrym or synedrion ( whereupon mendosa saith , that they were equal to moses being appointed by god as moses was , numbers 11. 14 , 15 , 16. ) yet that was by and with the consent and choice of the people , not meerly by appointment of the king as our doctor would . car. sigo●ius will tell him out of the tolmodists and other divines , that he had search'd into , that this sinedrion or colledge of elders , did represent the scepter , that the scepter it selfe did depend on it , that none did judge the tribe and the scepter , but this house of judgement . to this purpose gerrara shewes that this synedrion was chosen of the chiefe men of israel , in whom was power of judging controversies , exercising of publique justice , yea of choosing and deposing kings ; and therefore of the talmodist , this councell was called the house of judgement , or the house of the scepter and publique authoritie . and zepperus with doctor biljon saith , this synedrion continued with that people of god unto the time of herod , iosep●us being witnes . i presse not so much as these authors speake of ; but whether there were not in those times of david officiari● regns , wich were not meerly designed by the king : and what inference i do make from thence let conscience judge . againe , whereas i argue from the being and nature of parliament , that if it hath not power to send for by force , those that are accused to be tryed before them , that should not be a court of justice ; seeing that even inferiour courts have a power to force those before them that are to be tryed : and if the parliament may send one sergeant at armes , then 20. then 100. then 1000 , &c. the doctor replies : therfore inferiour courts have a power to raise armes . ( answer ) this followes not ? for though i say every court hath power to force in the accused ; yet it must be in a way suitable : now this raising of armes is not suitable unto an inferiour court , but to the parliament being a more nationall and publike court then any other is . the dr. tells us indeed that other courts have their posse comitatus . so the parliament have their orders ▪ to fetch and force in the accused , which are established by law , aswell as his posse comitatus is : but saith the dr. i did not know before that all the parliament souldiers were sergeants at armes . answer , how doth hee catch at the word , and let the sence goe ; the sence , scope and drift of the argument , was to shew that as they might send forth one who by force should fetch in the accused ; by the same reason they might send forth ten , and by the same reason that they may send forth , 10 ; they may send forth 20 , so 100 , so 1000 , so 10000 : the dr. puts off the argument with a jeere , because hee hath no list to meddle with the reason . in the 45 page ▪ hee would enervate the testimonies of divines , which i brought to shew that all protestant divines were of our minde . let us see therefore what hee saith to them . and first he begins with the testimony of the germane divines ▪ and for that saith he : the testimony of the centuriste , speakes nothing to this purpose ; a short answer , soon and ●●sily given , but why nothing to our purpose , nay stay there , the dr. will keepe his reason to himselfe ; i set downe therefore the testimony againe , and let men judge whether it bee to the purpose . governours say they in such things as are repugnant to the law of god , have no power or 〈…〉 above other private men , and they themselves commanding that which is evill , have no power or immunitie above others ; yea , they themselves commanding that which is evill , are as much bound to feare the ordinance of god , bearing the ▪ word for the punishment of vice : for st. paul , rom. 13. saith that god dia instance and ordaine a power both of defending that which is good , and punishing that which is evill ; and hee commands that every soule , and so the governours themselves should bee subject ●o this ordinance of god if they would be defended by it , and not by their wicked deeds , makes themselves liable to punishment . of the french and low country divines , he brings no testimony ( saith the dr. ) but ( for proose ▪ tels us ne know their practice ; so i for answer may returne him his owne words ; we know what hath been the practice of those protestants , and so they are parties interessed not so fit to give in witnesse . an. very well if they be parties interessed , and so not fit to give in witnes , then they are of our judgment : observe reader here he granteth that the protestant churches , and the divines of france and the low-countries , are parties interessed , & so of our judgement ; what protestant churches or divines then will he alledge for his sentence . will hee have the diviner of switzerland ? i brought a testimony of the divines of the councell of basil , and that hee doth not contradict : are the divines of geneva of his mind ? i brought the testimony of calvin , that hee saith nothing to , but it passeth with him as granted by him . are the divines of scotland ? i brought him the testimony of mr. bucanan , that testimony also he doth not deny ; it may be that was but one , and so he would not take notice of it ; read therefore what mr. knox saith : because this occasion is layed against gods true ministers ; wee cannot but witnesse what trade and order of doctrine they have kept and keepe in that point ; they affirme that if wicked persons abusing the authority established by god , command things manifestly wicked , that such as may , and doe , bridle this inordinate appetite of princes , cannot bee accused as resistaries of authority , which is gods good ordinance , to bridle the fury and rage of princes in free kingdomes , and realmes . they affirme it appertaineth to nobility sworne and borne counsells of the same , and also to the barons and people , whose wills and consents are to bee required in all great matters of the common wealth : which if they doenst , they declare themselves criminall with their princes , and subject to the same vengeance of god . this was the doctrine and judgement of the divines in scotland , in the beginning of reformation , as related by mr. knox ; and what the judgement of the scots divines is for the present , seeing he will not take practise for testimony of judgement , he may read in their answer to lysimachus nicanour thus : as for the lawfullnesse of resistance hee may understand that that hath been the tenet of our church since the reformation , it hath beene the right and practise of our kingdomes , since the first foundation . a number of instances thereof are approved in our standing acts of parliament , unrepealed to this day ; it hath beene the practise of all reformed churches abroad , wherein by queen elizabeth , king james , and king charles , they have been all allowed : and the most of them allowed by powerfull assistance , both with men and money : to this purpose dr. rutherford also as i have shewed already , chap. 1. ropos , 3. but it may be the dr. will tell us that the scottish divines are also parties , and interessed in the cause . very good , wee shall shortly have a great party in the protestant churches for us and with us ; what divines then are against us in the doctors opinion ? are the divines of england ? he tels us also , page 45. yet doe some of them allow of resistance in some cases : good still ; by and by it will arise to somewhat , here is yet more of our party ( as the dr. calls them ) by his owne confession . as for the testimonies that i brought of dr. bilson and dr. willet , he saith that 's plaine they speake of such government , such states , such cases as will not agree to this kingdom at this time . but why not , the dr. will not tell us . if i tell him that peter martyr also professor of divinity in england , was of our judgement , as he may read plainely , ●udg . 1. hee will tell me , it may be , that peter martyr speakes not of this time , or of this case , or of this state : if i referre him to polanus , dan. 11. who writes largely in this matter with us , it may bee hee will tell us also that polanus speakes not to our case , to our time , or to our state : but if i referre him to barkley and hugo grocius who well knew the judgment of the low countrey divines . i suppose the dr. will not say those are parties : barcleus saith hugo grocius the most strong defender of regall empire , yet descends thus farre to yeeld unto the people , and the chiefe part of them a power to defend themselves against immane cruelty , when yet notwithstanding hee confesses that the people are subject unto the king : and as for ●ne saith hugo grocius , i dare not indiscriminatim condemne those or that part of the people which doe use this defence having respect unto the publike good : for david had many armed men about him ▪ that hee might repell violence offered unto him ; and at that time david was commended by a prudent woman , that hee sought the lords battell , which words many doe ill referre to davids former battels , where as abigails speech is rather a correction of what naball sayd . many subjects are now fallen from their king , which words that abigail might correct , shee saith the warres of david were godly , as being undertaken not out of defection from his prince , but for tuition and preservation of his owne life . but because the doctor seemes to want some testimonies of the french protestant divines ; i will give him one for all , and surely hee will not say the words are not spoken of such government , such states , such cases , or such times as ours are . this question being on foot in charles 9 time : what is to be done by the subject when he is violenced by the magistrate ; or if the chiefe magistrate degenerate into a tyrant , may the subjects resist by force of arms . that was answered by one learned man , for , and in the defence of the protestants in those times , thus , subjects are of three sorts , either me●re private men , bearing no publike office , or else they are such as are in some inferiour and subordinate place of magistracie ; or else they are such as are so inferiour to the chiefe magistrate that by the laws of the land are appointed to bridle the chiefe : as for private men ( saith the author ) it is evill for them to resist with force of armes , either they must sly , or suffer : as for the second sort they not being the kings houshold servants , but rather to bee called officers of the crowne , depending not so much on the king as kingdome , the king abusing his power to the overthrow of lawes ; these inferiour magistrates ought to oppose , for the conservation of those who are committed unto their trust ; and if need bee to take up armes tilthings bee otherwise provided for by the estates of the kingdome . as for the third sort saith hee , though they in some respect are under the chiefe magistrate , yet in some respect they are keepers of the supreme dignity , that the chiefe magistrate may bee kept in his office ; these may if need require represse and chastise him , for the people is not made for the magistrate , but the magistrate for the people ; his power taking its rise from them . ob. but though this were the first rise of magistracie ▪ yet after the people have chosen their magistrate , they have resigned up their power to him . an. but the people never created or received their kings , but upon certain conditions , which being manifestly broken and not kept , those have power to abdicate , who have power to create ; and this has alwa●es been in use amongst all the most famous nations in the world ; the israeltes , lacedemonians , romanes , danes , swedes , scotch , polonians , and english . ob : but if a magistrate doe degenerate into a tyrant , as wee are not to be obedient to him , so neither are we to resist him . answ . that is onely understood of private men . object . but david spared saul though it were in his power to ●nth moff . an. that is no way contrary to the doctrine delivered for david had many armed men about him whose help ( if need had required ) he would without doubt have used against all , yet thus hee did , having respect rather to his owne defence , then his enemies offence . this testimony tells us what hath beene the practise of all nations : the testimony of the scots in their answer to lisimac●us nica●our , saith expresly that our doctrine is according to the judgment of all the reformea churches : and if these testimonies will not yet prevaile with the dr. i must leave him to his resolves , hee tells us that our homilies are against us , but let him produce any place out of the homilies where it is said that the two houses may not take up armes to bring armed delinquents to their tryall . indeed the homilies speake against subjects taking up of armes against their king , so doe not the parliament , but to defend themselves ▪ and to bring delinquents to tirall ; and therefore when the dr. or other bring forth testimonies of divines ancient , or late , to prove that subjects may not take up armes against their prince , they had as good say nothing , that is not to our case but let them prove by testimonies that it is not lawful for the parliament to take up arms to secure the kingdome , to bring accused persons to tryall , and to deliver the prince out of the hands of malignants , and then they say something to us , else it is but clamor , not reason . at last the doctor speakes somewhat of arbitrary government , p. 46. which is no way any answer to the reasons that were given by me , proving that his opinion raised the king to an arbitrary government , onely he sets down his further sentence about arbitrarines , eadem facilitate rejicitur qua affirmatur ; the rest of that section is either spent in naked assertions , or jearing expressions , or seeming answers to his other answerers . chap. 4. the dr. having spent some time upon his other answerres at the 49. pag. he is pleased to returne to me , where hee would prove that the people of israel did not by any forceable resistance rescue ionathan out of the hands of saul , which worke saies he , was but set off with a souldier like boldnes : let the doctor call this work what he please , saul the king had sworn that jonathan should dre , and the people sweare be should not dye and they being in arms did rescue ionathan saith the text . this rescue the doctor calls in his first booke , a living violence , and in his reply , a setting off the matter with a souldierly boldnes ( i hope the doctor will give us leave to use the like termes , if a prince swear the death of some parliamentary men , who deserve not to die but to be preferr'd , and the people rise up in arms and rescue their ionathans , saying , as we live they shall not die that have wrought this great deliverance for us , this is no resistance , it is but a loving violence , and a setting off the matter with a souldierly boldnes , why may not we call this so , aswell as the dr. that . but i appeale to all reason whether a rescue by men in arms , from those that have swornea mans death , be not forceable resistance . but say wee this is more then prayers and teares , which is th'only remedie allowed by the doctor , to which he replieth , the dr. had no where said , though mr. bridge makes him often say so , that prayers and teares is the only remedy left for subjects , but besides their cries to god , he allowes them intercessions , reproofes , denyall of subsidies and aides . i will not search into the doctors booke for every word , take what he granteth here , yet this souldierly boldnes of rescuing is more then prayers , teares , reproofes , or denialls of subsidies and aids , which is all the remedy that he affordeth as he confesseth now : yet the doctor is so full of this sentence still , that in the 51. pag. of this book , he saith , that the children of israel being under the oppression of their kings , had no remedie they had , was by crying to the lord ; and againe in the same page saith , all the remedie they had , was by crying to the lord ; so also in his first booke pag. 10. the people are let to understand , i sam. 8. ii. how they should be oppressed under kings , and have no remedy left them but crying to the lord . thus doe men forget themselves , and what they have said whilest they contend against truth . then the doctor comes downe to the example of david : and whereas it is urged by us that david did take up arms to defend himselfe from the violence of his prince saul , the dr. replies now as before , that davids example was extraordinary . well but when it is said that david having advantage of saul , did not lay hands upon him to cut him off as he might have done ; what if wee should say , that act of davids was extraordinary would not the doctor tell us that our answer was but ordinary : he tells us , pag. 31. of his reply , that conquest , one of the meanesiby whch godiranstates kingdomes , and that david being provoked by the king of ammon , brought tha people ●rder , 2 sam. 12. and that the edomites were so brought under the dominion of judah : what if we should give this answer that these were extraordinary cases . would not the doctor take it for a poore shifting answer from us ; when we say any practice is extraordinary , we must also prove by circumstance , that there was an extraordinaries in the fact , or else acquies in it for our example : but be it so , that davids example was extraordinary , is not our case now extraordinary ? is englands case ordinary : hath it bin thus ordinarily , that arms have bin taken up against the parliament , and delinquents kept from legall tryall by force of armes ? has this bin for many yeares ? see how the doctor helps himselfe by this extraordinary answer . he tells us in his first book p. 8. that this work of david was a meer defence without all violence offered to saul ; and is not this ordinarily lawfull for subjects to doe so much ; the doctor grants it himselfe , p. 9. of his first book , that personall defence is lawfull against suddaine and illegall assaults of the prince himselfe , thus farre , toward his blowes , to hold his bands , &c. and the like ; but the doctor in his reply has thought of a new reason to prove davids example extraordinary , because else may private and singlemen do so too . answ : not so , david was not as every private man , hee was anointed of the lord one that fought the lords battells the great states-man in the kingdome ; with whom were joyned ionathan , and many other chief of the tribes therefore it followes not from david to every private man , but to the parlaiment rather , who though not anointed as king and as saul , yet with some anointment from the lord into the place of magistracy , especially being as the dr. confesseth , co-ordinate with the king in supremacy , so farre as concernes nomotheticks . i said before , if davids example were extraordinary , then hee had an extraordinary command for what he did ; if so , how doth the dr. say , there is no command or warrant in scripture for such a practice or kind of resistance . to which the dr. replieth , as if all extraordinary warrants , and instincts given to special persons , should be written in scripture . answ. so then this works of davids , which before was called by the dr. a meere defence is now come to be a matter of special instinct though acts done by speciall instinct , had not alwaies warrant from written scripture before they were done , yet being done and recorded in scripture , there is ground and written warrant for the lawfulnes of our actions , upon the like occasions . i did not say , why then doth the dr , say , there was no warrant in scripture for david , but why then doth the dr. say there is no warrant , or ground out of scripture now for us to doe what we doe ? though it might be instinct then , and without written scripture yet it may be written warrant now . then whereas that scripture is urged ( though not to take up armes against our king as the doctor suggests ) 1 chron. 1219. where it is said expresly , that david went out to battell against saul , the dr. replies desperate shifesthat thesemen are put to , when pretences and simulations , must bee scripture ground for conscience . it 's said before that david made shew ●f madnesse before king achish . mr. bridge might as well inferre ▪ therefore he was mad . answ. will any else besides this dr. make such an inference ? the scripture faith , totidem verbis that he went out to battell against saul that this was but a simulation is not said in scripture , but the scripture doth not say that david was mad , but that he fained himselfe so ; is there then the same reason of the one and the other ? the example of vzziah is next to be cleered : we find that the priests are commended for valiant men , because they thrust out k. vzziah from before the lord , 2 chron. 26. to which instance the dr. saith , that uzziah the king was stricken with leprosie , and by the law the leper was to be put out of the congregation , and awell apart , which is not consistent with government , therefore it is said of the king ; he was a leper , and dwel● in a severall house , and jotham his sonne reigned in his stead , 2 kin. 15 5. i shall ever give the dr. the full weight of his reason ; it seemes by this answer , that hee would have conscience beleeve that the king was discharged from his crowne ▪ by his leprosie , and ●p o●acto thereby dethroned . now see what dr. bilson saith directly contrary unto this doctor vzz ah , saith , he dwell a part in a house from others , because of his leprosie , but you d●e not find that he was deprived of his kingdome , jotham his sonne governed his house , and judged the people of the land , because the king might not be conversant amongst men ▪ by reason of his sicknesse , but the cronne still continued in the father though a leper , and jotham began not his reigne till his father was dead . whom the scripture calleth the king of juda , in the twenty yeere of his reigne , and last yeere of his life . thus dr. bilson ; and though our doctor can ( with what conscience i know not ) joine these words together thus , hee was a leper , and dwell in a severall , house , and jotham his sonne , reigned in his stead , 2 king. 15. 5. as if all these words were one , and did touch one another in holy writ , yet in truth they are part of two severall verses , and two other verses comming betweene them , as in the 5. verse 't is said , the king dwelt in a severalt house , and jotham the kings son , was over the kings house , judging the people of the land , not reigning in his stead as the dr , reads it then at the 6 and 7 vertes , the scripture having spoken further of the king his deeds and death at the end of the seventh it is added , and jotham his son reigned in his stead , these words being annexed to his death as a consequent thereof ; and the dr. takes them and annexes them to the 5 verse at the mentioning of his leprosie , as if upon his leprosie his sonne reigned , whereas 't is plaine he only governed and not reigned , untill his father died ; here i cannot but wonder , that the doctor should so boldly venture to lay violent hands upon scripture , that hee may lead mens consciences into his owne sentence : but i hope the consciences of those that feare god , will take notice of such dealing as this , and abhorre that sentence , that must be borne up with such practices ; he would perswade us also , that the priests here are said to bee valiant men , because of their home reproofe which they gave to the king or because of their withdrawing from him the holy things which hee was not to meddle with , but let him shew us any one place of scripture , where valour being joyned with an expression of force ( as here it is , it being said that they thrust him out ) doth only note faithfullnes in ones place , by giving reproofe or the like . at last the dr. comes to his owne arguments , and labours to recrute them ; and first he tels us that none might blow the trumpet for warre amongst the people of israel , but the supreme magistrate , and therefore the parliament may not take up arms or blow the trumpet for warre , as now they doe ; to this argument diverse answers unanswered have been given , yet hee is not satisfied but still replieth , and i wonder that he should , considering there is no such matter that i can find as hee alleadgeth in the 10. chap of numbers . t is true the lord speakes there unto moses , saying , verse 5 , when yee sound an alarm ; and ver. 6. when you blow an alarm the second time , and verse . 7. when the congregation is to be gathered together , yee shall blow . and verse 9 if yee goe to warre in your land , yee shall blow an alarm with your trumpets , but these words in the hebrew are all in the plurall number , shewing that the blowing of the trumper belonged aswell to the state and princes , of whom he spake ver. 4. it is not sayd that moses should use those trumpets exclusively hee and not they ; but rather hee joyned with them . secondly , he comes for his defence to that place of samuel ; i sam. 8. 18. where saith he , it appeares that the people had no remedy against their unjust kings , but their crying to the lord . mr. bridge answers saith he , samuel , tels them not what should be their duty , but what their punishment , the lord will not heare you , &c. it was indeed saith the doctor , their punishment , because all the remedy they had , which was by crying to the lord should not help them , which had not been such a punishment , if they had had means to help themselves by power of armes . here the dr. saith , that all the remedy this people had was by crying to the lord , which scripture he brings against our resistance to prove what is our duty and how farre it extends : yet page 49. of his reply , he will not owne such a speech as this , saying , the dr. had no where said , that prayers and teares , are all the subjects remedy . secondly it appeares plainely that this scripture i sam. 8. is not spoken of the kings right , what he might doe ; but of his fact what he would doe , for the king had no such right over his subjects as to take their childrens fields , and vineyards from them , for which ahab was so severly punishment , yet saith this text of sam. hee shali take your daughters fields , and vineyards , &c. neither can it be objected , that the word used in the hebrew is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which signifies judicium , judgment , or , right seeing ; it also signifies consuetudo , order or manner , as it is well translated in the english , verse 9. thirdly , though it be said , ver. 18. then shall yee cry out in that day because of your king which yee shall have chosen , and the lord will not heare you on that day . yet it doth not follow that they had no other remedy but crying to the lord , that 's said in scripture that the people being oppressed with forraigne enemies should cry unto the lord in their distrcsse and because of their sinnes the lord threatens not to heare them , but bids them goe to their idols , and let them helpe them if they can ; doth it therefore follow that they might not detend themselves against forraigne enemies , no such matter : 4. whereas the doctor saith in this reply , it was no such judgement to cry and not be heard , if yet they had a power to defend themselves by taking up arme ; this answere is very strange from one that calls himselfe a divine : for suppose that god should say to his people , that had a power to take up armes against their forraigne ●nemies , that they should notwithstanding their power cry unto him , and hee would not heare them , nor deliver them from their oppressors ; was this no such judgement , because they might take up arms alas what will all our taking up of armes doe , either way if god will not heare our cryes and prayers . the doctor for his owne defence , and the defence of his cause sayd in his first booke , that if such a deferce as we now use were lawfull , it is a marveilous thing that so many prophetsreprehending the kings of israel and iudah for idolatry , cruely , and oppression , none should call upon the elders of the people for this resistance , page 10. to this i answered , see the pro elisha expressely calling on the elders to imprison the kings messenger , 2 king●6 . 32. the doctor after he comes to himselfe out of a rayling and jeering fit replyes , what 〈…〉 elisha call upon those ●laers for , to impreson the messenger ? that 's more then the text will beare , unlesse to shut the doore against a man be to imprison him . ans. but the prophet elisha , not onely call'd upon them to shut the doore , but to hold them fast . shutting the doore indeed doth not note imprnonment , but shut the doore and hold him fast doth : for what is imprisonment , but arcta & violent a custodia , and these are the words of that text , shut to the doore and hold him fast at the doore . but it 's the doctors manner to take part of the text , and leave th'other part which makes against him ; so he dealeth by our answeares ; so hee dealeth by scriptures . at length the doctor having left me to visit my fellow answerers . as hee calls us for the space of three or foure leaves , he is pleased to returne againe to mee about 13. rom. and page 60. hee takes it unkindly that i will not stand to the english translation of the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , damnation , but rather translate it so , they that resist shall recoive to themselves judgement . to which i say , that i doe not deny but grant that the word may bee translated damnation : but seeing the word firstly signifies judgement , as piscator observes ; i would not have the dr. so peremptory , scaring people with the word damnation , when as more naturally the word may be rendered othervvise , i told him before what piscators reason is , for the translating of it judgement , he may read what musculus also sayd , and in him what many other divines , who speakes thus . it is doubtfull what iudgement the apostle speakes of here , whether the iudgement where with all the disobedient are punished by god himselfe , or that which is to be expected from the magistrates : the latter way those things that follow doe favour the former way those things that a●e precedent : but it matters not which way we understand it , neither doth any thing hinder but that we may expound it to both : when as both judgements both of god and magistrate are to be feared by those that are un●uly ; but the doctor gives as hee thinkes a good reason why it must needs be translated damnation , and so meant , because resistance there forbidden is a breach of the fifth cemmandement , which deserveth damnation . ans. what then we read rev. 2. that the church of thiatyra had broken the second commandement in her idolatry and superstition , yet she is threatned with an outward punishment , wisd. 22. 23. behold saith chr●●t , i will cast her into great tribulation , and kill ●er ch l●ren with death , yea the fift comman dement is strengthned with an outward promise , h●nour thy father and thy mother that thy daies may belong in the land , and therefore well may the breach thereof be threatned with an outward judgement . againe , saith the dector mr. bridge answeres that only active obedience to lawfull commands is there enjoyed , but passive under unlawfull commands : to which the doctor answereth , both say we , but not so origen : not so ierome , not so chrysost●me and divers others : and paraeus his reason is good , who observes , that according to the apostle , the denying of obedience is all one with resistance forbidden in this 13 rom , for in one verse the apostle saith submit or he subject unto the higher powers ; in th next v hegives the reason , for he that resisteth , &c. so that resisting and not subjecting , or obeying is all one . it is no sinne not to obey unlawfull commandements , but the apostle makes it a sinne here to resist , and therefore the resistance forbidden doth not relate unlawfull commandements but if lawfull . but then the doctor tells us that if these words should be understood onely of active obedience to lawfull commands , and not of passive to unlawfull commands ; the apostle had given the romans but a lame instruction , page 60. and his reason for that speech followes at a distance , page 61. because then the romans should not have been sufficiently instructed how to answere the unlawfull commandements of princes , as also , there would have been a gap open to rebellion , for saith he , how easie would be the inference , therefore we may resist when they command unlawfully . answ. this is a strange worke to charge the apostle with lame instructions , in case that a passive obeidience should not bee here commanded , god doth not command every thing in every scripture , yet those scriptures wherein hee commandeth something and not all , are not lame instructions ; the first commandement commands the substance of worship ; the second the right meanes , the third the manner ; and the fourth the due time of worship ; yet the first is not lame because it doth not command ▪ what the second ; nor the second lame , because it doth not command , what the third ; nor the third lame because it doth not command what the fourth ; so here though god should command onely active , not passive obedience in this text , this instruction would not be lame ; but why should it be a lame instruction , the doctor tells us , the because the romans should not be susffciently directed how to answer the unlawfull commandements of princes ; yes surely , if god did here command them obedience to lawfulls , he should at once forbid them disobedience to unlawfulls : but saith the dr. then there will be a gap for rebllion , for how easily would men inferre , therefore we may resist in things unlawfull : i answer , the doctor takes this for granted , which is to be proved , that all forceable resistance is rebellion . 2. suppose that true which himselfe granteth , page 1. the first booke , that it 's lawfull to resist unlawfull commands , though not with forceable resistance . and if so , then why might not the romans as well say , this instruction you give us is lame , for you forbid resistance , and yet in some kinde resistance is lawfull a suffering resistance lawfull , and a forceable resistance unlawfull : and yet you have not in this 13. chap. given us any such distinction , so are we left in the darke , and your instruction lame . but good doctor let us take off our owne halvings , whilst we goe about to charge the apostle with lame instructions , in case he come not just up to our opinions . but to put an end to this matter concerning this text . i appeale to the doctor , whether he doth not thinke that these words ( higher powers ) v. 1. did not include the romane senate : i say when the apostle commands , let every soule be subject to the higher powers . did hee not command the christian romanes to bee subject to the romane senate ? we know that after this epistle was written to the romanes , as eusebius reports , the romane senate was not onely in being , but so potent and powerfull ▪ that when that was propounded to the senate , whether christ should be acknowledged as good , that was in the senates power to grant or refuse , and they refused . so estius also saith , that the governours of provinces were appointed by the senate , as well as by caesar , when ●eter wrote his epistle : so that still notwithstanding aesar , the romane senate was a high power , and the higher powers unto the people ; and if th y were the higher powers , who were to bee obeyed by this commandement of the apostles : then why doth the doctor bring this scripture to urge our higher powers , and senate to obey , especially when the doctor himselfe confesses . page 62 that the two houses as distinct from the king , fall under the words , higher powers . at last in the 62. page the doctor comes to that place of peter , 1 pet. 2. 13. submit your elves to every ordinance of man for the lords sake , whether to the king as supreme , or unto governours as those that are sent by him ; where after the dr. had a little strok'd himself on the head , and laboured to spit some filth on our faces , he comes to that testimony of calvin ( for that which hee sayes concerning dr. bilson is not much materiall ) who proves that the pronoune him relates to god and not the king : for the reason which i alleadged in my first booke ; now the dr. replies ▪ true , all are sent by god , but it is as true that the governours of the provinces were sent by the king , or the romane emperour . a● . the reader may observe how the dr. doth deale by the scripture againe , for he sets downe the words thus ; to the king as supreme , or the governours as those that are sent by him ; and thus indeed the word him ; must needs relate to the king , but conceales that part of the v. wherein the word god is exprest thus , submit your selfe to every ordinance of god : for the doctor knew , that if hee had set downe that part of the ver ▪ the reader would have perceived that the pronoune him should have related to god , and not to the king ; secondly , observe what he answers ; he tells us that the governours of the provinces were sent by the king or emperour ; that 's not the question now , but whom the pronoune him , doth relate , whether god or the king . and for this he gives no reason , not answeres calvins , and therefore i need adde no more : yet estius his reasons are very full , proving that the pronoune him , must relate god and not the king for sayes he , the apostle peter would move the people to obey the king and governours , which argument is full , because they were sent by god ; whereas if the pronoune him , should relate to the king , here were no motive . 2. because the apostle peter saith that they are sent by him for the punishment of evill doers , and the prayse of them that doe well , for which cause the wicked heathenish governours did not send the governours , it being known that they sent them for the punishment of those that were good , and for the prayse of those that were evill . and therefore the pronoune him , is to be carryed on god , and to have relation to god , not to the king in this place ; and therefore what the doctour brings from this place , to set the parliament at a greater under then god would have , is nothing worth . the rest of the chapter is spent with his other adversaries ; i having thus delivered the scripture ; from his objections , shall be the more briefe in answere to the after part of his discourse because the onely ground of conscience is gods word . chap. 5. in the tenth sect. of the doctors reply . i find little to hold us long ; i had told him in my former book that the parliamentary proceedings were an act of self-preservation , and used the similitude of a steeres man shewing that in case hee do not his duty , even the very passengers in time of a storme , for their owne preservation may looke to the matter , which doth not implye the unofficing of a steersman ; so in state , where the chiefe magistrate neglecteth his dutie , &c. the dr. replies pag. 64. that the prince is not as the steersman , but as he that stands above , and commands , to the starbord or larbord . this is to hang upon the word , and let goe the sence , for the reason holds to him that stands above , and commands as well as the steers-man , neither will common reason say ; that he is unofficed , because the passengers for the present desire or cause him to stand by , that they may looke unto their own safetie in the time of a storme . then he comes to prove that authoritie and magistracie , abstractively considered from the qualification or severall formes of government , is of divine institution . wherein we do all agree , onely i excepted against some of his media , that he used to prove it thus , by those words the powers that are ordained of god ; the doctor understands , the power it selfe of magistracie distinguish'd from the qualification thereof , and the designation of persons thereto , how then did he say , sect. 2. the higher power in paul is the same with the king , at supream in peter ; the dr. replies , the power of magistracie abstractively taken , may by these words be proved to be of god , though the higher powers here be understood concretively with connotation of the persons that beare the power , for they are here proposed as objects of our obedience which cannot be directed but upon power in some person , and here it is said , a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} existent &c. but how doth this prove either what the doctor would ; or answer me ? t is true , the words higher powers , note both as i have shewed already , both the authority , and persons in the authority . but then the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} i say , signifies ordered , and so to be translated , not ordained , for otherwise if the words higher powers note both the abstract and concreat , and this word be translated , ordained , then this scripture shall aswell prove the qualification and designation to be of god , as authority it self : which thing the doctor denies , and first brought this scripture to prove that magistracie is of god in opposition to qualifications and designations . some metaphisical notions about esse and existere , the dr. would find out in the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} but i passe them as never intended by the apostle . at last the doctor promiseth , or rather threatens to give me a visit : for so he saith , pag. 65. i must come home to master bridge , to make him understand the force of my inserence . i had said thus ; in like manner the doctor proves , that power it selfe is of god , because the magistrate is called the minister of god : slipping from the power it selfe , to the person designed , for the power it self is not called the minister of god ; whereupon the doctor saith , i must come home to master bridges , the major of n●●s the kings minister , therefore his power is from the king ; will master bridge reply no ? for the power it selfe is not the major , or called the minister of the king . thus whilst he comes home to mee he comes from his owne home and reason ; forgetting what he had said before , pag. 60 61. a lawfull prince , though commanding unlawfully , is still still the minister of god . so then it seems one may be the minister of god in that which is evill ; and 't is true a penall minister one may be a man may sin in afflicting another and yet he may be the minister of god to him that is afflicted , how therefore doth this argue , that because the magistrate is called the minister of god , that his authority is lawfull : and therefore whereas the doctor saith the major of n. is the kings minister , therefore his power is from the king ; will master bridge say no ? answ. hee will say there is not the same reason in regard of god and the king , for a man cannot be the kings minister in a bad action but he must receive power from him but he may be gods minister , i mean penally in an unlawfull action , which god never gave him right or power to doe . in the after lines of this page the doctor saies , that both the fuller answer , and master bridges , every where takes it for granted by me , that monarchy , aristocracie and democracie are equally the inventions of men ? answ. i doe indeed , and the truth of it may appeare from your owne words , p. 13 , 14. of your first book as i have shewed already . lastly , saith the doctor , master bridges concludes that my proving of the governing power to be of god , but the qualification of it , and designation of the person to be of man , gaineth nothing against resistance , or deposing a prince that doth not discharge his trust : for still the people may say , we may alter the government , and depose the person , because hew as of our designing . doctor ferne , nothing so for of they resist , they usurpe authority , and invade the power that god hath given him , if they depose him , they quite take away that p wer which god , and not they placed in him , because he is still the minister of god . this seems to prove that people cannot depose their prince or alter the government that is set up amongst them ; but what is this to the reason that he pretends an answer to ? to which was thus : if the doctor grant that the qualification of the power is from man , and the designation of the person , then though the power it selfe be confessed of god by the doctor , yet his adversaries that are for the deposing of princes , ( if any such be ) may aswell plead a power to depose the person , or alter the government , aswell i say , as if the power it selfe was appointed , or set up by men . now the qualification and power of designation is granted by him to be of man : and therefore he helps himselfe nothing by proving that authority or magistracie in the abstract is of god . to take away this , he proves that the people cannot depose their prince , or alter the government ; i will not say a wild but surely a wide answer as ever came from a dr. d. the other part of this section is against others , who are sufficiently able to plead their own cause against this dr. in his 11. sect. p. 64 . the doctor complaines that we have left the king nothing wee could take from him ; and this kind of speech is ordinary amongst some , who are so bold as to affirme ▪ that because we doe not make our selves slaves , we make our soveraigne no king . let him and them read what almaine saith , * a pol tic , saith he is not there o●e said to be regall because there is one above all that is greater then all the communitie , but because there is one above the rest who hath ●urisdictionover every particular man in that com●unitie ; neither were it fir , that there should ●e one such who were so superiour , unles he were indeviable as christ who is able to rule the communitie according to his own will , ●hen the poli ie shoul● be perfectly reg●l . and fortescut saith , poss● male ●g repotestarem potius m●ni it quam augment it we doe not say that god is lesse powerfull because h cannot sin ; nothing is more truly regall then to keep ones will within the bounds of good lawes . it is some miserie not to ave all which you would . it is more miserie to will what you may not ; it is most miserie to have a power to doe what you see will . but if you d●not . saith the doctor re-assume power from the prince , what means the d fference you make of things disposed of by trust , from things disposed of by donation , because they may be recalled , these may not , so you say , pag. 25. i said not so , but that there is a difference between things disposed by way of donation or sale and things disposed of by way of trust : things disposed of by way of sale or donation are not in our power to recall , things disposed of by way of trust are in our power to look to when the trust is neglected : i would this doctor would but doe us the favour as to alledge our words rightly . the 67. and 68. of his book , are spent in proving assertions of the same things that he had sayd before onely pag. 67. he confesseth it is likely that kings were at first by election , which acknowledgement we receive : but how doth this agree with what he had said before sect. 3. pag. 8 , 9 where he had said , that election was a defection from that government that god set up at the first ; in the 69. pag. he commeth to the matter of the kings covenant and oath , which ( saith the doctor ) is no condition on which the kings of this land are admitted to the crown , but a confirmation and strengthening of their mutuall duties by oaths and promises , as it was with the kings of israel . the nature of this oath we must leave unto the parliament and lawyers , who better know then we how it is taken , and on what termes , only thus much i read in speeds cronicle , that the kencish men would not admit william the conqueror to the crowne , but upon condition as i have shewed before ; and if the taking of the oath were only for confirmation carrying no condition with it , why should it be taken at the first comming unto the crowne , and not rather afterwards . what else remaines in that section is so easie , that the dimmest eye that hath conscience in it , may see thorough , for who knows not , that it is a greater evill for a comittee to be wronged by a particular person , then for a particular person to be wronged by a comittee . bonum quo communius eo melius , malum quo communius eo pejus . and why doth not nature teach , that a prince who is married unto his people , is to be faithfull to them as well as that the husband is to be faithfull unto his wife , and therefore that conditions are implyed , though not exprest between the king and his subject , aswell as between a man and his wife ; and so i passe from that section to the doctors two last . chap. 6. whereas the dr. had said , we sharpen many of our weapons at the philistims forge , and i had shewed the difference between us and papists in this cause . he replieth , difference there must needs be between you and papists in this particular , for they challenge such a power from the pope ; you from the people . very well and is not here a vast difference , the papists say the pope may despose princes , we say in case that prince doth not performe his trust , the people may look to their owne safetie . dr. fern , but we see your party making use of those examples which the papists being for deposing of kings , as of saul , uzziah , and athaliah . the papists bring these examples of vzziah , atholiah , &c. to shew that the high ●riests did , and so the pope now may depose princes , proving that the pope is above princes . wee say with chrisostome and others , that every soul , even priests as they and you call them , are to be subject to higher powers , that that lyes in the powre of no priest to despose princes . 2. is this to whet our sythe at the philistims forge , to use the same scripture for one purpose , which the philistims doe for another : the papists use that scripture , tibi dabo claves . thou art peter , and on this rock i will build my church , to prove the popes supremacie ; the reformed churches use the same scripture to prove that the power of the keyes is penes ecclesiam , given to the whole church , and not unto a peter onely : do all the reformed churches therefore whet their weapons at the philistims forge , or are they therefore popish because they use the same scripture to other purposes : so here . put you will give the prince leave , saith the doctor to change his religion , so will the papists , if al● his subjects may have free liberty for their religion . not so but he turning heretick , as the papists phrase it , is to be excommunicated and so deposed . dr. fern , but in case he endeavour to force the contrary religion upon his subjects , for that must be supposed how then will your allegeance bold ? very well and yet not whet our ●ythes at the philistims forge for they say that a prince apostatising , is to be excommunicated and so deposed , as you shall presently see : we say that princes are not to be deposed for altering their religion , yea though they should be excommunicated , for the crown is not intailed upon religion . 2. they deprive princes , we only defend our selves . 3. they deprive by the popes authoritie we defend our selves by the highest civill authority of the land . againe , whereas i said the papists hold it lawfull to kill a prince and that a private man invested with the popes authority may doe it , we abhorre it ; the doctor replieth , that is their new forge under ground , set up of late by jesuites , i did not meane you sharpened your weapons there , but at the old forge , and however you say you abhorre this doctrine of killing kings , yet i feare and tremble , to thinke , if your soveraigne had fallen in battell by the edge of your swo●d , or sh●t of your artillery , you would have found him guilty of his owne death , in that he would not ( being desired ) forbeare to goe downe himselfe into battell . 1. 't is well the dr. will excuse us from jesuitisme in this particular , and well he may in all things else , especially here where he knowes there is so much correspondency between his own opinion and the jesuites who ( for the most part of them ) hold , that as all fcclesiasticall power is given to peter , and so to the pope and bishops , not to the church so that all civill power is given immediately to the king , and not to the common-wealth , but only as derived from him ; and therefore well may the doctor excuse us from whetting our swords at the new forge of the jesuites , that being a forge which he reserves to whet his owne weapons at . 2. neither doe we whet our weapons at the old forge , for i suppose the doctor will say , that aquinas his forge , is of the oldest frame , and he speaketh directly contrary to us , thus , as soon as ever any is denounced excommunicate for apostacie from the faith , his subjects are ipso facto , absolved from his dominion , and the oath of allegeance , whereby they were bound to him . 3. we say , if a shot of our artillery had fallen on the king ( whereas you say we would have found him guilty of his own death , ) we say , we would have found you ▪ and such as you are guilty thereof , that put him on such designes ; as if a man make a fire to preserve himselfe and his family , and another comes and thrusts a third man into it , we will not fault him that made the fire to preserve his family , but him that thrust the man into it ; but in this matter doctor you have answered your selfe , for you told us in your former treatise , that it is lawfull for subjects to ward their princes blowes , to hold his hands , and the like pag. 9. now if the prince raise an army against his subjects , how can his blowes be warded , but by an army , and if his army discharge their ordnance and musquets upon his subjects , how can his subjects ward them blowes , but by discharging likewise . and then answer your selfe : what if a shot of artillery should fall upon your prince : but saith the doctor , if you back againe will gather strength for your assertions from the papists reasons , be as like as you will to one another , &c. an. who are most like to the papists you , or wee , i referre you to all that knowes us . see the canterburian self-conviction . and if we may not gather strength of reason from popish authors to dispute against them ; why do either you or we reade them . reason is good where ever we finde it ; neither would abraham refuse the use of the well because ahimilechs men had used it , no more will we refuse good reason , because the papists have used it ; they using it rather from us , and not we from them , and yet in this matter ( as i have shewed ) we doe differ much from them . but you prove a power in the body politick , saith the doctor , to disburthen it selfe ( at the church hath ) of evill members , as papists doe . an. but not as the papists : for we onely presse a necessity of power in the body , to defend and save it selfe from the injury of princes ; they plead for a power in the church , ( & who that church is you know ) to depose princes ; but then saith the drs. hath this church a power of excōmunication still ; so it should be indeed , but since the act which tooke away the high commission ; and ( as the party you plead for would have it interpreted ) all ecclesiasticall censure too , where doth the exercise of that power rest , upon , whom now is the argument turned ? page 73. an. surely upon your selfe , for there is no church of christ , but whil'st it remaines a church hath a power left in it ( though the exercise may be long suspended ) to see to it selfe , and its owne preservation , i say a power from christ to excommunicate , though it should bee denied from men ; and it seemes a strange thing to mee , that the churches of england have no power left , because the high commission is downe , as if that court were set up by christ himselfe . the body naturall hath power to disburthen it selfe saith the doctor , so hath the common-wealth too ; but will you have the naturall body disburthen it selfe of the head , or worke without it . an. neither doe we goe about to cut off our head , but say in the generall ; if the head should bee distempered through ill vapours that arise from inferiour parts , so that it cannot discharge its office , it 's lawfull for those that are in place , to give physick to the body , that even the very head it selfe may be the more healthfull . and whereas i had shewne , that there is not the same reason , that the people should re-assume their trust in case the parliament be negligent ; as there is , that in case a prince neglect his trust , the parliament and people should see to it , the doctor replies , but if by ordinances thence issuing , they bee spoyled of their property and liberty , which is supposed in the case they will quickly feele it so . an. this is but an infinuation of a grosse scandall , no reason : onely the doctor argues p 75. will not the people as easily conclude , they may free themselves from the trust given to those parliament men , chosen by them , as renounce ( according to your lessons ) their trust given to their prince : in all reason they will hold their representatives more accountable to them then their prince can be . an. this is a scandalous charge to say that we lessen men to renounce their trust given to their prince , whereas wee onely say ; the people have a power to defend themselves , and when cause requires to excite , and actuacte that power which was alwayes residing in them , and never given from them . secondly , how can the people as easily renounce their trust given to the parliament , when the people themselves conclude and say , that what is done by the parliament is law ; which they doe not say , as concerning the prince , but rather know that for law he is directed by them ; but saith the doctor this is to make them arbitrary , and to lead the people after them by animplicite faith . an. the doctor is much against the implicite faith of the people , both in this ▪ and his former booke : it were well that men of his strayne had been so much against implicite faith in the matters of the church , where it is more dangerous , where they were not , witnesse the &c. as now they are against the implicit faith in the common-wealth , where it is of lesse danger . againe , why will this make the parliament arbitrary , or cast the people into an implicite faith ? it 's granted by all that the king and both houses may enact lawes , whereby the people are to be ruled , beleeving that those lawes are best for the common-wealth ; doth this make the government of king and parliament arbitrary , or rayse the people to an implicite faith ? no more doth it here . an arbitrary government is where a king may rule pro a●bitrio , as a father in his family , which power the doctor doth give unto the king by his paternall right , sect. 3. and so indeed there is roome for an implicite faith , for that children have most of all an implicit faith in that which their fathers say . finally master b. endeavours to shew ( saith dr. ferne ) how they can answere the oath of supremacy , an● the protestation , by taking of armes ; but who knowes not ( saith the docto● ) if that party of brownists , and anabaptists , which are now so prevalent in the armes taken up against the king , should get the upper hand , what would become of the kings supremacy and government ? an. here is a loud cry against brownists and anabaptists , but who are brownists ? not all those that are against prelates , and not for the english common prayer book ; for then all the reformed churches are brownists . and as for anabaptists , i wish it may bee considered , whether they doe not take some footing for their opinion from the common prayer booke : they deny baptisme to infants , upon this ground , because actuall faith and repentance is pre-required to baptisme ; and doth not the common prayer book seeme to acknowledge as much , when as before baptisme , the witnesses in name of the infant must answer to these questions , dost thou beleeve ? dost thou renounce the divell and all his workes ? i must nakedly professe my judgement against that opinion , yet were it not good , that the very common prayer booke should come under consideration upon this and other reasons . secondly , if men were so much for protestant religion , and against papists , as is here pretended , they would never be more afraid of brownists , and anabaptists , then of papists ; seeing they are of the protestant religion , and differ not from us in fundamentalls , as the papists doe . thirdly , suppose that that army should prevaile , wherein there are brownists , & anabaptists , as you say , yet is there not so much danger that they should prevaile to mislead the parliament , who are three or foure hundred ; as that papists , should prevaile to mislead one . fourthly , though there should be anabaptists , and brownists in the army , yet they doe not sight against the kings supremacy and his government as the papists do against the protestant religion , and being of parliaments , whose powder treason is famous ▪ or rather infamous to all generations . at last the dr. tells us concerning supremacy , that the king is supreme , not so much in opposition to particular persons , as in relation to the whole body politique , of which he is head . we say the king is supreme and head of kingdome severally and joyntly considered , dr. ferne indeed tels us , that the two houses of parliament are in a sort co-ordinate with his majestie , to some act or exercise of the supreme power , that is to making laws , by yeelding their consent . and if they bee co-ordinate in that act of supremacy , paraeus and others will tell him that the nomothetick part of supremacy is the highest . we acknowledge the king our supreme to defend us ; but not to defend our selves where cause requires , gives a supra-supremacy unto him . what else remaines in this sectionis either matter of words and bare denyall to what hath been said or answered to his other answerers . in the next section ▪ page 89 ▪ the dr. saith , mr. b. enters upon a loose discourse against episcopall government , i reserve him for his better instruction to a booke entituled episcopacy asserted . ans. no other loose discourse then what his loose treatise lead mee into ; and for the drs better instruction i refer him to mr. baynes his diocesan , mr. parkers ecclesiasticall politieor altare damascenum . and whereas i said , now the dr. shewes himself , he had rather the kingdom should be imbrued in a bloody warre , then episcopacy should down , because he had said in his treatise page 25. that the king has reason by power of armes , to divert the abolishing of episcopall government . the dr. answers nay , mr. bridge , you and your party in arms show your selves what spirit you are of , who will have this land imbroyl'd in a bloody warre , rather then episcopacy shall not down . not so doctor , there is not the same reason , why you should retort these words upon us , for i had no where said , the parliament hath reason by power of arms , to divert the evill of that government ; yea i am so farre from it , that i professe freely that if the king and parliament would establish that government still to be continued , that the people is not bound to rise up in arms , to root it out , though i judge it evill : yea if any man be of that opinion i think he is to be suffered to live , enjoying himselfe and his estate here . then pag. 56. the dr. saith to that of sauls speare restored ; mr. bridge replies , though restored before demanded , yet not before saul had humbled himselfe to david saying , i have sinned , &c. we know , saies he , what you looke for , his majestie hath not bin ashamed to doe it with great condiscention . an : 't is possible a king may faile for not humbling himselfe before his subjects , chron. 2. 36. 13. and zedekiah did that which was evill in the sight of the lord his god , and humbled not himselfe before jeremiah the prophet . and though his majestie had yeelded and humbled himselfe yet lower , he would be no loser thereby , we know what the old counsellors said , 2 chron. 10. 7. if thou be kind to this people , and please them , and speake good words to them , they will be thy servants for ever . finally ▪ whereas i had shewed that ziba , and those that resorted to david in his distresse , were not of another religion , and by law to bee disarmed , as the papists now are ; who have entertainment in his majesties army : the doctor answers , though by law papists are not to have arms at their dispose , yet are they not quit of the duty and service of subjects . they owe no more duty to king but according to law , and by law they are to bee all disarmed ; wherefore good dr. maintaine this illegall way no longer , give glory to god , and say you are convinced of this truth ; which indeed you cannot but be ; if you doe not shut your owne eyes : for you told us in your former treatise , that subjects may lawfully for their owne defence , hold the kings hands , and how so , ( if he raise an army ) but by an army . neither can you be so weake as to thinke that the great senate of the kingdome , that all the commons , gentlemen , and nobles , should be so at the mercy of every meane person , invested with the kings authority , that if a petty constable , or other inferiour officer doe offer violence unto them , that it shall not bee in their power to make a forcible resistance , because they are clothed with the kings authority : good sir , in the feare of god , make your humble addresses to his majestie , and petition him to return to those that are faithfull to him : the worst that he can lose , you know ( if you pretend rightly ) is but a piece of prerogative , or some exercise thereof for the present ; why should so good a land as this be imbrued in blood for such a cause warre , being the worst of all evills , and therefore not to be undertaken but to prevent gravissimum malum . and is the losse of some part of the prerogative or exercise thereof for the present such ; i beleeve you cannot say so : wherefore labour , labour you to take off those exasperations that are amongst men with you ; and doe not still put your unguem in ulcere ut recrudesoat dolor . tell the people amongst whom you are of that sinfull way wherein they now are so shall you liberare animam tuam . but if you will not it may bee those words which you read in ezech. 3. 12. will lie hard on your conscience another day . now the god of all peace ▪ give us peace , but truth with peace , in christ jesus . amen . finis . notes, typically marginal, from the original text notes for div a29375e-380 foelix necessitas quae ad mel●ora ducit . vetustatem si spectes est antiquissima , si dignttat● mest honoratissima , si jurisdictionem ●st copiosissima . quo modo fidem praestabunt autboritat● qu● deo sunt persidi . cons. sa●●ff . pa. 56. qui gloriatur in viribus corports gloriatur in viribus carcer● . nos autem rerum magis quam verborum amatores sumus ●tilia potius quam plausibilia sectamur , & in his scrip is non lenocinia esse volumus , led remedia . salv. epist. ad solon . to the end that the abbat might have an happy beginning of this work from some luckie manner of presage , he solemnly appointed the day of st. perpetua and of st. felicitie , in which he would lay the first foundation cambd. britan ▪ lincolnshire . notes for div a29375e-1170 a nemo it a amens est ut bellum quam pacem malit : nam in pace filii patres , in bello patres filios sepeliunt . herod . b multi sunt praedicatores aestuantes & tumultuantes , artibus qui ut dixerint omnia facta velint , non tam volentes audiri quia verbum dei dicunt , quam quia ipsi sunt verbi doctores , organum magis quam sonum commendari petentes horum portio , qui meditatis & conceptis à se verbis permittunt sibi ipfis nunc bos nunc illos pungere & mordere , & statim convertere , ubi fit miro deiconsilio , ut nihil minus impleant quam quod cogitaverunt . sentit enim naturaliter anima bominis verbum arte super se compositum esse , & stercore humano ut apud ezek. est opertum , id est , humano affectu pollutum ; ideonauseat super illo & potius irritatur quam convertitur . luther . c potestas in genere est facultas quae dam propinqua ad exercendum aliquam operationem in aliquo supposito , ut domificator babet potestatem domificandi , id est facultatem qua in propinquo potest exire in talem operationem . alman . depotest eccl. & laic q. 1. apud gerson . d vbi non sine gravi ●onfilio apostolus abstractivalocutione uti voluit , ut ostenderet subditos non debere ad personas imperantium respicere , sed adipsorum officium quo divinitus sunt instructi . ger. de mag. polit. cap. 1. e in epist. ad rom. regem ettam definit prope ad dialecticā subtilitatem esse enim ait ministrum cui gladius traditus est ut malos puntat , ac bonos foveat & sublevet . buchan de jure regni apud scotos . magistratus in abstracto ex loco apostolico , rom 13. sic dosmire potest , est potestas à deo ordinata , gla●io armata ut sit custos divinae legis & aliarum honest arum constitutionum ad conservand . pacem in genere humano , & re●pub . salutem obtinendam , ger. de pol. mag conclus gen. f dominium jurisdictionis est potestas gubernandi subdiios suos cujus actus sunt praecipere vetare , judicare , punire , pr●miare . dominum oroprie●atis jus disponendi de r● aliqua in suum com●●●dum . medina de jure & justitia . g potestas secularis vel laica , est potestas à populo vel successione haere atarea , vel ex electione alt●ui , vel alicubus traaita regulanter ad aedificationem comm●nitatis quantum adres civiles , secundum leges civiles pro constitutione habitationis pacifi●ae . alman . ibid. h potestas secularis sive lai●aest a deo quantum ad debitum , sed frequenter non est a deo quantum ad acquisitionem vel usum nam secundum dictamen rectum debitum est taiemesse potestatem naturaliter enim iudicant bomines quod oportet eos subdi alicui qui eis judicium & ju● a●ministres , exordinationem enim ●incitum est nobis tale judicium naturaleut consormiter adipsum veniamus , & boca deo , sed non est a deo regula●iter ad istum sensum quod alicui deus communi●aret istam jurisdictionem laicam , &c. durand . lib. de origine juris . i ioh. brut. q. 3. bucher . lib. 1. p. 6. althusius polit. cap. 15. henomius polit. dis. 2. 1 1. 6 isod . lib. 9. origen cont. celsum . cap. 9. aristot . polit. lib. 1. c. 3. plato de rep. cap. 8. livi lib 4. aeneus silvius de gestis concil. basil . vide rutherford in his plea for presbytery , chap. 4. pag. 46. k vulgare est atque indubtratum fidei axioma deum & naturam prius atque immediat us ad totam suppositum quam ad aliquam partem suppositi quamvis nobilissimam intendere ; eum que ob causam faccultatem videndi datum esse bomini ut per oculum tanquam per organum & ministrum hominis exerceretur ; namoculus per & propter hominem exist it . facultas parifiensis de pol. eccles ▪ et istudetiam deduci potest ex thom aquin. 2. 2● . q ▪ 64. omnis enim pars ordinatur ad totum , cujus est pars vel imperfectum ad perfectnm , & sisalutitotius corporis expediat abscissio alicujus membri puta quia est putridum aut ceterorum infectivum in toto corpore residet potestatem illud perscmdendi . quid ergo quelibet persona comparetur ad totam communitatem sicut pars ad totum , ideo si aliquis sit pernitiosus in communitate laudabiliter a communitate interimitur . almain . de authorit . ecclef . apud gers. cap. 1. l auferendo potestatem ad faciendum externum supponit ad faciendum naturalem nam qui potestarem solam excipit ad regem ex peregrina natione constituendum plane illam supponit ad constituendum expropria . mendoza in sam. 1. 8. 12. m et sic ●angitur prima differentia inter has duas potestates quia ecclesiastica estimmediate a ob ▪ sto instituente , sed laua quamvis sit a d●o ex ordinatione quantum ad debitum nu●qu●m tamene● . a leo regula●iter & immediate instituendum . almain . de potest . ecccles . & laic cap. 1. n vocatur human a ordinatio non respectuprime originis & principalis causae efficient is , sed respectu cause instrumentalis , quia per bominem sapius constituitur magistratus ut oecumenum in commeut . humanam {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} opponit per {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} quod constitutus & positus sit magistratus ab hominibus deo tamen sic innuente & sanctiente gererd loc. com . fol. 481. o quil apertius neque enim videtur aliter eum regem fa●ere potuisse quam ei regiam potestatem conferendo . mendoza 1 sam. 8. p vbielectio regis deo constitutio susceptio velcomprobatio populi suffragiis tribuitur . zeppeperus leg. mosaic . forens explan ▪ lib. 3. cap 7. q qnod autem adcreationemipertinet creatus est primum s●ffragiis populi universi ▪ &c. car. scr. de rep hebr l. 7. c. 3. r ergo illa authorit as est perprius in communitate quia nemo alteridet quod non habet . 〈…〉 ſ ante discensum in egyptum in quo hebraei non ren publicam sed samiliam constituebat ; nam ( ut ari●t ) non nisi ex multis samiliis coales●it respub ▪ tune autem una erat abrah●e domus , in quam successit isaac , & in bane domus jacob , & quamvis in tempore jacob : post connub●a plures ●am familtae darentur , quarum omnium gubernatio non potuit esse oeconomica , ta●en non e●ant it a m●ltae u● politicum rempublicum ▪ conflarent , sed medtant quandam commitatem quam vitalem seu collectaneam appellant . mendoza 1 tom. annot. 3. proem. sect. 10. t quia ut hec sideribus , it a illa regibus fulgurant . 6. sect proem . u quaedam namque potest as est quae ortum babet ex solo jure naturali , quae de causa potestas naturalis dicitur talis est potestas patris in filios & in alios descendentes alia vero est quae ortum babet ex bominum voluntatibus se illi subjicere voluntium & idcirco civilis potest as dicitur-molina de jure & just . disp. 20. tract. 2. ex succedentium line● in qua paucissimos invenies primogenitos succedentes parentibus , qua e abulensis aperte satetur se retractare communem sententiam quam ipse aliquande sequutus fuisset , & jam tunc asserere successionem in regnum aut principatum nunquam fuisse ●lligatum ●ut debitum primogenitis , & confirmat ex to quod paralip . 1. 5. 1 primogenita ruben data fuere josept , fili●s & tamen juda regnabat . pineda derebus salomonis , lib. 2. cap. 1. ipsonatur● jure omnes aequaltter filios patri succedere do●uit . arist 7 ethick . decreto item & voluntate divina indiscriminatim salomonis posteritati pollicetar . dem regnum sed ub●plures erunt filii ad solum parentis voluntatem spectasse videntur . abulensis addit posteriorum regum tempore invalescente consuetudinem b●reditarium regni jus ad primogenitos devolutum esse ; ego vero perpetuum fuisse existimo ut regni successor expar●utis a rbitrto & voluntate penderet ut ex serie regum patet . pineda lib. 2. de rebus salomonis cap 1. 2. 3. a ceterum cum deforma reipub. quaritur nibil aliud quaeritur nisi penes quem principatum summa rerum fuerit constituta ; hae● vero apud haebreos primum penes optimates posita fuit deinde penes reges quorum principatum illum aristacr●cian , hoc regnum greci vocarunt , aristocratia suit sub mose , iosua , ●●●ioribus & indicibus , reg●um sub reg●bus de aristo●ratia 〈…〉 non facietis , &c. car. sigon . li ▪ 1. ca. 5. effectus non exce●●t virtutem causae suae . a homines quondam potentia per pollentes , avidi dignitatis & gloria vicinas s●pe gentes sibt v●●ibus subjugarunt ac ipsis servire obtemperare quoque jussionibus suis compulerunt quas jussiones ex tunc leges hominibus illis esse ipsi sanctierunt . fortes . de laudibus legum angl. ca. 12. ad tutelam namque legis subditarum & corum corpus & bonorum rex homini erectus est , & ad hanc potestatem a populo esluxam ipse haec , quo einon li●et potestatë alia suo populo dominari . c. 13. princtpatum namque nedum regali sed & politica , ipse suo populo dominatur . c. 9. fox act. monum. of will . conqueror . ex lib. regum antiquorum in pretorio londinensi . mr. fox act. moxum . ibid. nam precedentibus diebus edwinus & morcardus apud london audito interritus haroldi nuntio urbanos solicitaverunt ut alterutrum in regnum subl●varent , caeteriproceres edg irum eligerent si episcopos hererent , sed angliqui in unam coeunies sententiam pot●issent patrie reso mare ruinam dum nullum ex●suis volebant ● d●xerunt alienū . gui malms . ●e wil primo , lib. 3 pag 102. speed chron. of will. the conquerour . answ . quod si objicias samuilem ungendo , sa le a absque ullo populi consensu ▪ acdicendo ecce unxit te dominus super heareditatem suam i● principem , 1 reg , 10. n 1 , manifeste indicasse regiam potestatem sauli collatam , non á populo , sed á deo immediate profecta● esse ; facile responder i potest , illam unctionem non fuisse signum potestatis collatae sed confe●endae , ut probari potest ex unctione davidis 〈…〉 ● samuel unxit , 1 reg 16. n. 13. ●●guante adhue saule , im●multis post annis regnatu●o . vnde per eam vnctionem non accepi david regiam potestatem , led per ●●m qu● postea sacta est ab universis tribabus , et ●enio●ib●s , quando venientes in hebron un●e●unt david in regem super israel reg. 2. 5. 3. q●a●e illa prior unctio non fuit colla io regiae potestatis , sed tanti●m significatio qu edam hujus posteriotis unct●oni●● per qua● confe●end● erat illa regia potesta●● sic ig●tur et prima illa saulis unctio ante populi consensum , non significav●t regiam potestatem collatam , sed confercudam , quando 〈…〉 quin s populus a samue●e congregatus in m●●pah , 〈…〉 praebuit consensum , & ●lamavit vivat 〈…〉 ita possunt p●o hac pa●te ●jus auctores non pa●um prob●biliter argumenta●● , mendoza in 1 reg. cap. 8 , num . 5 pag. 5●2 . answ . hujus autem temporis respub. monarchica fuit , aristocratia tamen perm xta , et accellit ali quid etiam democraticum , habuit enim senatum septuagint , cujus judices pat●ien et principes vocantur ; regi assidegtes summum regni , judicium conficiebant , ad quod di●●iciliores ●ausae ▪ regis & pontifiers elect●o , beili gerendi consultatio , al●a que totum populi corp s concernentia refer . ●ban . tur . de hoe synedrio josephus nihil agat ex sine senatorum sententia fuerunt ●ue hi eo apnd reges loco , ut fiatres eos suos dicerent zepperus mosaie . fo●en . expla. l. ● . cap. 6. dedit illis deus seniores . q●i per omma ill ▪ equales forent , ut patet numb. 11. 14. etin ipsis s●eptrum ipsum pen ▪ debat , nemo autem dijudicat tribum sceptrum , &c nisi domus judicii , ca● . s●r●t . ●iv . 6. cap. 7. penes quos erat summa potestas judicandi controversa , & exer●●ndi judicia publici , quin & reges elegendi , et deponendi , unde a talmodistis vocatur domus judicii magna , vel collegium sceptri & publici po●estatis , gerardde eccles-pol . hoe seniorum synedrian perpetuum suit in populo dei , usque ad herodem teste josepho zepper lib. 3. cap. 5. sc dr. bilson of subject . & rebellion , p. 338. gubernato●es e●go in iis reb●● quae cum de alogo et j stis legibus puguant , nihil juris aut immunitati , h●bent prae ex●e●is humin●b●● privatis , et perpet●antes id quod malum est , coguntu● tam metuere o●din●ti ouem de● ▪ glad● . umpraestantem ad vindict im n●cc●tium , quam a●i hene ▪ pri● i nam paulus rom. 13. docet . deum ordinasse et insti●●isse potestatem illa● gladio defendendi bonum , et puniendi malum ▪ et praecipit , utomn● anima ( et fie gubernatores ) tali dei ordinationi sit subjecta ; hoc est obligat ad faciendum bonum , si velit defendi istâ dei ordinatione , et non ob sua facinora impia puniri . magdebur gensis cens. lib. 20. mr. knox history of the church of scotl. p , 343. answ. to lysima chus nicanor . pag. 8. peter mart ▪ in iudg. cap. 1. polanus in dan. 11. barcleus regn imperii assertor forti●●imus , hue tamen descendit , ut populo , et insigni ejus parti jus concedat se tuendi ▪ adversum immanem s●vitiam ▪ cum tamen ipse fate●tur totum populum regi s●bditum esse ; ego indiscriminatim 〈…〉 aut singulos , aut partem populi minorem , quae ultimo necessitatis praesidio , sic utatur ut interim et communis bo●i respec●●m non deserat . ●ix ausim nam david a matos circum se aliquanto habuit ; quo nisi ad vim arcendam , si inferetu● . et hos ipso tempore david i prudente f●emina dieitur bella dei , i. e. pia gere●e ; quod male multi ad s●la belia p●io●a trahunt , quum potiu , emendatio fit ejus quod nabal dixe●at , multos subditos a rege ●uo defic●re , quod at corrigat abigal bella davidis pia esse dic●t , utpo●e non defectionis , sed solo vitae tu●ndae confi●io suscepta hugo , grocius de jure belli & pac●s lib. 1. cap. 4. quid agendum est subjecto cum á magistratu violatur ; vel si summi magistratus in ty●nn ▪ s degenerarent , e●quid subject is faciendum ▪ necessartone illis obtemperandum an illis repugnandum . ●s quidem armorum vi adhibita . respondeo . varia esse subjectorum discrimina , alii mere sunt privati homines , nullum publi●um munits gerentes ; alii infe ▪ iorem , et quasi subalternum magist , atum gerant ; alii ita sunt sum●●o magistrat● inferiores ; it tamen ex patriae 〈…〉 legi● bus summi magistratus , moderandicausa tan quam fraena quedam constituantur , quod ad primum attinet certum est , nefas else privato cailibet privata authoritate vim tyranni vi opponere , sed vel tyranni vis subcunda , et tolle . randa est aut cedendum , et alio migrandum . quod ad secundum subjectorum genus attinet eorum qui s●b●lternos magistratus gerunt ; non regis quidem familiae domestici , sed regni potius ministri ; quos officiarios coronae vulgo nuncupant ; i●a statuendum est , illos non tam a nege quam a regno pendere . illi regi manifeste ●yranno , et ad lege . evertendas sua potentia abutenti opone●● se , debent ex jure jurando p estito ; obligati ad ●o um s●l●tem , et conservationem qui suae fide● commissa sunt ; armi● si opus est etiam adhibi●is , done ▪ a regni o din●b is aliter provisum sit . de tertio autem subjectorum genere , illud constituendum est quamtus illi revera ; et certa quadam ●atione summum magistratus imperio submittuntur ; alia tamen ratione dum u●git necessitas sup●e ●i illius pigni●atis vindices , et custode ; constituuntur , u● supremum magistratum in suo ollicio contineant ; imo ut et illum cum necesse sue ▪ it reprimant , atque castigent . si quis excipiat ut prima illa fuerit magistratuum , origo ve um tamen ●sse popul●● omnem ●●am libertatem in sol dum its resig . nasse quos ●ummos magistratus sibi p e●t . c rent caedo vero tesig●atiom . illius ullam probationem , qum sta●uo pop●l●s qnantum quidem valuit jus et e●nitas , nec creasse , nec recipisse reges nisi ce●tis conditionibus , qnibus á magistratu ma ifel●e vi●latis consequ●tur cum jus illo●um abdicandorum h. b. e , qui habnerat ●reandorum . ●d de●t populum summos magistratus legiti o●imperio abutentes ; abdicare imperio posse . et id quidem apud omnes nationes celebrio●●s usa●patum fuisse perspicuum est , romano ; athenienses israelitos , danos , swedo● , scotos & anglos . secundo excipitur regibus si in tyrannos degene a●ent ; non esse seele um quidem p●aebendum ministerium , illis tamen vim minime opponendam ; de privatis conced● ; de inferio tb●s ve●o magistrat bus minime . ad superio●es ve o regum quasi ephoros de tyrannis coercendt , curam maxime eorum per●i● . e●e contendo . 3. deinde affertur exemplum davidis q●i sauli●y● rāno tam studi●●e pepercit , quamvis illius interficiendi facultatem haberet illud exemplum superio●i doctrinae minime repugnare ai● ; david enim m litarem hominum turmam coegerat , quorum opera si ita postulasset necessi●a● , ha●d dub●e adversus sa●●em . usus fuisse . ita tamen egit def ensionis potius quam offensionis causa . commentari●rum ▪ partis de statu relig. et reipub , in regni gallis , sub neno reg. ib. 10. pag. 120 , 21 , 22 , 23 , 24 , 25 , 26. in ●ctav● . answ . dr. bilson differ , between 〈…〉 and rebel●ion page 326 , 2 kin. 15. 5. 7. 2 chron , 26. 2 kings 632. ambiguum est autem quod de judicio insert , an de eo quo divinirus olim puntentur inobedientes loquatur , vel de co quod expectandom est à magistratibus ; in posteriori sententiae videntur sequentia savere , pri●ri vero praecedentia . verum nihil resert ut●om intelliganus , nec quie un n prohibit quo minus de utroque exponamas , cum utrum ne sit timendun immorigeris . masculus in kem. 13. ita●ue qui resistit non 〈…〉 &c. de ills potestatibas dicit quae prosecutores fuerint fidzi , ibi en●m dicendum est , deo oportet obremye ●ate magis qham hominibus . sed de istis communitat b●s dicit quae non sunt terro●ib●m ope●is , sed mah , qui●i s utique qui resistit , &c. orig●n in rom. 13. negare vero obedientiam est resistere para , in rom. 13. praesides provin's ciis praeficicbantur non tam authoritate casaris quam senatus . estius ep. pet. x. 2. in e● quod additu● tan quam ab e● mi●is , 〈…〉 rege● refe●unt nonnull● quod non plac● 〈…〉 apo●tolu ▪ vul● hoc in presi●h us istis confide●ar ▪ quod de●s e●s miser it , i●●●od ad obediendum movere debet , ac ●t taceam quod praesides p●oviuciis praeficiebant non tam authoritate caesaris ●uam senatus , illi alters relationi non quadra● quod sequitur ad vindictam ma●efactorem , &c. quem scop●m mali●eges non ●sq●e qua jue hab●bant propositum , ●ectius igitur ad deum refe●tur , qui hunc finem omnibus magistratibus praescribit , unde & paulus de potestate rom. 13. dei enim minister est tibi in bonum &c. ex quo apparet missos a deo hic intelligi debere non solum duces sed regem ipsum . estius in epist , p●● 1 , 2. answ . answ . ans. answ . * non ideo dicitur politia aliqua regalis , quia vaiens ei praesit qui sit tota commnnitate in jurisdictione major , nec ei quovis modo subjectus , sed solum propter hanc causam , quia unicus p●cest qui in quemlibet alterum de communitate jurisdictionem habet , et est eo superior . nec conveniens feret aliq em unam talem taliter communitate pre●i●i , piesset ea totai ▪ o m cam supe ●or , insi talis fo●et indeviabil●s , ●uema ●modi● de curisto confi etur , qui communiratem erige e potest sua voluntate , secundum legem , tuncista politia esset pe●fecta regalis , sen almain de pet stazlarca ad gerson . cap. 1. miserum est non facete ●un na ju● velis m scri s vero velle quod licet miserrs . mu n posse facere quod ita velis , lun . i. ● . ans ▪ answ . answ . answ . answ . it ideo quam rito aliquis per sententiam denimciatur e●communicatus propter aposta●ram a side , ipso facto ejus subditi absoluti sunt a domnio ejus et juramento fidelitaris quo eitenebantur tho. aq. 2. 2. ● . 12. a●s . 2. dr. ferne reply page 6. potestas politica seu civilis dupliciter consideratur ; vel ut architecto nica , quae occupat in legibus ●ferendis ad quodvis bonum reipub. pro novendum ; et vocatur {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ut architectonicae s●bordinata , quae rempse●undum leges ill●s deliberando , judicando , et exequendo , administrat , & vocatur simpliciter {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} seu civilis , lib. 6. ethic. cap. 6. perse vero patet quod architectonica {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} sit superior civili simpliciter d●cta , et omnibus aliis potestatibus subordinatis quod que sit potestas suprema . par●us in ro. 13. a declaration and protestation of vvill: prynne and cle: vvalker, esquires, members of the house of commons against the present actings and proceedings of the generall, and generall councell of the army, and their faction now remaining and sitting in the said house. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91170 of text r211155 in the english short title catalog (thomason 669.f.13[72]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91170 wing p3937a thomason 669.f.13[72] estc r211155 99869888 99869888 162968 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91170) transcribed from: (early english books online ; image set 162968) images scanned from microfilm: (thomason tracts ; 246:669f13[72]) a declaration and protestation of vvill: prynne and cle: vvalker, esquires, members of the house of commons against the present actings and proceedings of the generall, and generall councell of the army, and their faction now remaining and sitting in the said house. prynne, william, 1600-1669. walker, clement, 1595-1651. 1 sheet ([1] p.) s.n., [london : 1649] imprint from wing. dated and signed at end: 19 janu. 1648. will: prynne, cle: walker. the generall = thomas fairfax, baron fairfax. reproduction of the original in the british library. eng fairfax, thomas fairfax, -baron, 1612-1671 -early works to 1800. prynne, william, 1600-1669 -early works to 1800. england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91170 r211155 (thomason 669.f.13[72]). civilwar no a declaration and protestation of vvill: prynne and cle: vvalker, esquires, members of the house of commons, against the present actings and prynne, william 1649 955 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 tcp assigned for keying and markup 2007-08 apex covantage keyed and coded from proquest page images 2007-09 emma (leeson) huber sampled and proofread 2007-09 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a declaration and protestation of vvill : prynne and cle : vvalker , esquires , members of the house of commons , against the present actings and proceedings of the generall , and generall councell of the army , and their faction now remaining and sitting in the said house . whereas long since , for ease of the people , both houses in a full and free parliament voted the disbanding of this army : in opposition to which , some great officers of the said army , ( to continue their rich commands ) with some members of the house of commons , ( who daily inrich themselves by the troubles of the times ) secretly mutinied the army against the parliament . and whereas , lately the farre major part of the house of commons , pitying the bleeding condition , and teares of the oppressed people , voted , and entred into a personall treaty with the king : without which ( by the armies own confession in their remonstrance at st. albons , pag. 64. ) there can be no peace ; which the army interrupted by obtruding upon the commons a treasonable remonstrance , 20 novemb. 1648. tending to destroy the king , and his posterity , and wholly to subvert all parliaments , religion , lawes , and liberties for ever ; whereby the commons in parliament found it absolutely necessary to prevent such pernitious innovations , by concluding a safe peace with his majesty ; whereupon ( after mature debate ) the house of commons the 5 decemb. 1648. voted , that the kings answer to the propositions of both houses upon the treaty , were a ground for the houses to proceed to the settlement of a safe and well-grounded peace : upon which , the generall , and councell of warre , wednesday morning 6 december 1648. seized and imprisoned 41 of the members going to the house of commons to do their duty , secluded above 160 other members , besides 40 or 50 members who voluntarily withdrew themselves to avoid their violence ; leaving only their own engaged party of 40 or 50 members sitting , who now passe acts of parliament , of the house of commons ( as they call them ) without the lords ; and comply with the said councell of warre , to carry on their said remonstrance : to which purpose this present remnant of the commons have un-voted in a thinne house , under the force of the army , what was deliberately voted in a full and free house ; whereas by their own ordinance passed upon the tumult of apprentises , 20 august 1647. to null , and make void ab initio , all acts , orders , votes , &c. passed under the said force ; this remaining party ought not to sit , act , nor take upon them the style of a house , under so visible , actuall , and horrid a force . the premisses considered , we , whose names are hereunto subscribed , members of the house of commons , doe declare and protest , that the said generall , commissioned officers , and genenerall councell of the army , by the said act of violence , upon the major part of the house , which legally , and virtually is the whole house , have waged warre , and rebelled against the parliament , their masters , who raised them to defend the priviledges of parliament , and the kings person and authority , in defence of religion , lawes , and liberties , and have thereby forfeited their commissions , and have broken and dis-continued this parliament ; so that , untill this force be removed , punished , the honour of the parl. and their wronged members vindicated , and all the members resummoned , all the votes , orders , and actings , passed , and to be passed by this nominall house of commons , are , and will be void , ab initio , and all such as do , or shall obey them , are and will be punishable , both by the armies own judgment in their remonstrance , august 18. and by the houses declaration , and the said ordinnnce , 20 august 1647. we doe farther declare , and protest against this present house of commons illegall acts , order , or ordinance , for erecting a high court of justice , and usurping a power , without any law or president , to try , depose , and bring to capitall punishment the king , and to dis-inherit his posterity , or any of them , and against the said generall councell of officers , aiding & abetting them therein , as highly impious against the law of god , nations , & the protestant profession , traitors against the stat. of treasons , 25 ed. 3. and against all lawes & our statutes , perjurious and perfidious , against the oaths of allegeance , supremacy , nationall covenant , and protestation ; all the parliaments declarations and remonstrances held forth to the world ; their treaties and promises made to the scots , when they delivered the kings person into our hands ; against our promises made to the hollanders , and other nations , and against all the professions , declarations , remonstrances , and proposalls made by this army , when they made their addresses to the king at new-market , hampton court , and other places . 19 janu. 1648. will : prynne , cle : walker . the humble ansvver of the honourable house of commons to the kings majesties last message, 7th of feb. 1641. in defence of the speech lately spoken by m. pym. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a83710 of text r209767 in the english short title catalog (thomason 669.f.3[41]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83710 wing e2586 thomason 669.f.3[41] estc r209767 99868630 99868630 160599 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83710) transcribed from: (early english books online ; image set 160599) images scanned from microfilm: (thomason tracts ; 245:669f3[41]) the humble ansvver of the honourable house of commons to the kings majesties last message, 7th of feb. 1641. in defence of the speech lately spoken by m. pym. england and wales. parliament. house of commons. 1 sheet ([1] p.) printed for iohn franke, london : 1641 [i.e. 1642] reproduction of the original in the british library. eng england and wales. -sovereign (1625-1649 : charles i). great britain -history -civil war, 1642-1649 -early works to 1800. a83710 r209767 (thomason 669.f.3[41]). civilwar no the humble ansvver of the honourable house of commons to the kings majesties last message, 7th of feb. 1641. in defence of the speech lately england and wales. parliament. 1642 478 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-11 tcp assigned for keying and markup 2007-11 apex covantage keyed and coded from proquest page images 2007-12 emma (leeson) huber sampled and proofread 2007-12 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the hvmble answer of the honourable house of commons to the kings majesties last message , 7th of feb. 1641. in defence of the speech lately spoken by m. pym . your majesties most loyall and faithfull subjects , the commons now assembled in parliament , have taken into their serious consideration the message received from your majestie the 7th of this instant february , and doe acknowledge that the speech therein mentioned to be delivered by mr. pym in a conference , was printed by their order , and that what was therein delivered , was agreeable to the sense of the house : and touching that passage wherein it is affirmed , that since the stoppe upon the ports against all jrish papists , by both houses , many of the cheife commanders now in the head of the rebells , have beene suffered to passe by your majesties immediate warrants . they present your majestie with this their humble answere . that they have received divers advertisements concerning severall persons , irish , and other papists , which have obtained your maiesties immediate warrants for their passing into jreland , since the order of restraint of both houses ; some of which , as they have beene informed , ( since their comming into ireland , ) have ioyned with the rebells , and beene commanders amongst them , and some others have beene stayed , and are yet in safe custodie : particularly the lord delvin and foure other persons in his companie , whereof one is thought to be a priest . one collonell butler brother to the lord montgarat now in rebellion , and sir george hamilton , all which are papists , and one other ( as is reported ) being sonne of the lord nettersfeild , whose father and brother are both in rebellion . the particular names of others we have not yet received , but doubt not but upon examination they may be discovered . and your maiesties most faithfull subiects are very sorry , that the extreme caution which your maiestie hath used , hath beene so ill seconded with the diligence and faithfulnesse of your ministers . and that your royall authority should be so highly abused , although ( as it was exprest in that speech by master pym ) we beleeve , it was by the procurement of some evill instruments too neere your royall person , without your maiesties knowledge and intention . and we beseech your maiestie to take such course , that not onely your honour may bee vindicated for the time past , but your kingdome may be secured from the like mischeife for the time to come . read , and by vote upon the question , assented unto . london printed for iohn franke . 1641. by the council of state. a proclamation. the council of state being informed, that since the officers of the armies under the lord generals command, by their late humble remonstrance and address, declared their resolution to observe such commands as they shall receive from his excellency, or the council of state, or the parliament when assembled; ... england and wales. council of state. this text is an enriched version of the tcp digital transcription a84480 of text r29985 in the english short title catalog (thomason 669.f.24[64]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a84480 wing e787 thomason 669.f.24[64] estc r29985 99872246 99872246 163795 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a84480) transcribed from: (early english books online ; image set 163795) images scanned from microfilm: (thomason tracts ; 247:669f24[64]) by the council of state. a proclamation. the council of state being informed, that since the officers of the armies under the lord generals command, by their late humble remonstrance and address, declared their resolution to observe such commands as they shall receive from his excellency, or the council of state, or the parliament when assembled; ... england and wales. council of state. 1 sheet ([1] p.) printed by abel roper and tho. collins, printors [sic] to the council of state, london : [1660] title from caption and first lines of text. dated at end: fryday 13 aprill, 1660. at the council of state at vvhitehall. "the army having expressed its obedience, certain persons have tried to disturb the soldiers with a report that the arrears would not be paid. this is untrue and malicious." -cf. steele. reproductions of the originals in the harvard university library and the british library. eng england and wales. -army -officers -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. a84480 r29985 (thomason 669.f.24[64]). civilwar no by the council of state. a proclamation. the council of state being informed, that since the officers of the armies under the lord generals england and wales. council of state. 1660 350 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-11 aptara keyed and coded from proquest page images 2008-01 emma (leeson) huber sampled and proofread 2008-01 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion ❧ by the council of state . a proclamation . the council of state being informed , that since the officers of the armies under the lord generals command , by their late humble remonstrance and address , declared their resolution to observe such commands as they shall receive from his excellency , or the council of state , or the parliament when assembled ; some persons designing to obstruct the nations settlement , have not been wanting to endeavour the removal of some in the army from their stability and temper ; and to accomplish so mischievous a design , have scattered and fomented ( among other untruths ) false rumours , that there is an intention to deprive the souldiers of their arrears of pay ; against which attempt the council are well perswaded the fidelity and interest of the souldiers will be a good security : yet to the intent a report so false in it self , and so destructive in its aim , may not make the more easie impressions upon any , through its passing uncontradicted , and thereby gratifie those only , who seek advantages , by lengthning out our troubles . the council of state do hereby declare , that it is not in their intention or thoughts , to retrench or abate any part of the arrears , that are , or shall be due to the souldiers , whilst they continue in the army , and in their obedience : but that on the contrary , it shall be their endeavour to encourage them , by taking care for satisfying their arrears , as soon as there shall be opportunity , in such sort as to make an actual , aswell as verbal confutation , to so false a suggestion . fryday 13 aprill . 1660. at the council of state at whitehall . ordered , that this proclamation be forthwith printed and published . john rushworth , clerk of the council . london , printed by abel roper and tho. collins , printers to the council of state . the second part of the narrative concerning the armies force and violence upon the commons house, and members. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91272 of text r9402 in the english short title catalog (thomason e477_19). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 15 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91272 wing p4074a thomason e477_19 estc r9402 99873544 99873544 162531 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91272) transcribed from: (early english books online ; image set 162531) images scanned from microfilm: (thomason tracts ; 76:e477[19]) the second part of the narrative concerning the armies force and violence upon the commons house, and members. prynne, william, 1600-1669. 8 p. [s.n.], london : printed anno dom. 1648. attributed to william prynne. apparently intended as a continuation of his: a true and ful relation of the officers and armies forcible seising of divers eminent members of the commons house. annotation on thomason copy: "decemb: 23". reproduction of the original in the british library. eng england and wales. -parliament. -house of commons -expulsion -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a91272 r9402 (thomason e477_19). civilwar no the second part of the narrative concerning the armies force and violence upon the commons house, and members.: prynne, william 1648 2465 5 0 0 0 0 0 20 c the rate of 20 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-07 aptara keyed and coded from proquest page images 2007-09 elspeth healey sampled and proofread 2007-09 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the second part of the narrative concerning the armies force and violence upon the commons hovse , and members . london , printed anno dom. 1648. the second part of the narrative concerning the armies force and violence upon the commons-hovse and members . vpon thursday the army ▪ engaged members of the house of commons [ most of them being treasurers , great accomptants , purchasers of bishops lands , or such as hold great offices by the houses gift , or received great summes of money upon pretence of great losses never yet appearing or made good upon oath ] above one hundred members being secured , or violently kept out of the house , by that insolent colonell pride [ which usually goeth before destruction ] after their hypocriticall fast was ended , were pleased to adjourne the house till tuesday ; that the generall and his grand councell , ( of which there is scarce one gentleman of quality , but poore mechanicks of smal or broken fortunes before the wars ) might possesse themselves of the city , plunder all their treasures to pay the souldiers , secure their gallant sheriffe browne a member of the house , and act their parts with other members , to new ▪ modle the house , according to their hearts desire ) adjourned til tuesday . in the mean time the generall and his agents under pretences of favour and respect to some of the imprisoned members , endeavoured by subtilty to engage them to give their parol to him to continue at their houses or lodgings in or neare the town till the house should command their attendance , and in the meane time , not to act against the parliament or the army : which most of them upon debate refused to accept of , conceiving it to be a voluntary confinement of themselves and subjecting of them to the generalls power inconsistent with the honour or priviledge of parliament , and thereupon refused to remove upon any such restrictive termes unlesse absolutly discharged without any condition or restriction whatsoever . whereupon the generall continues them still prisoners , they having liberty only to remove their lodgings to places more convenient . on tuesday morning the army placed guards of their owne upon the commons house againe , and though they had secluded and driven away neare two hundred members before , yet they had a list of more members fit to be excluded and purged out ▪ whereupon mr. edward boyes one of the knights of the shire for kent ( a great friend of theirs ) sir humfrey tuston , and some six more members entring into the house to discharge their duty , were violently kept back by col. pride and his officers ; and sir edward martin knight of the shire for devon being in the house it selfe , was kept out and secluded the house . o the tender regard of the priviledges of the house , which these saints of the army boast of in the very first line of their late remonstrance : and * the restitution of the houses to a condition of honour , freedome and safety , and preserving them therein , which they so much vaunted of , and for which they and both houses kept a solemne thanksgiving [ mocking both god and men thereby , who hath justly rewarded them for that damnable hypocrisie ] in august 1647. it seems these parliament saviours and protectors then , are turned parliament destroyers and subverters now , as they professe to the world in print in their proud and treasonable , ( which they stile humble ) proposalls and desires , dated decemb. 6. 1648. a new iesuiticall gun , pouder treason to blow up parliaments ▪ as soone as the house was set , mr. nathaniel stephens knight of the shire for the county of gloucester , reported to the house the violence offered to mr. ash and other members of the house who were imprisoned and forcibly secluded by the officers of the army , and thereupon moved the house to vindicate their priviledges and right their members , and not to proceed in any businesse till that was done ; else he could not in consciecne or honour joyne with them , but must and would withdraw . yet the engaged faction ( who formerly fled from the house to the army for security when there was no actuall force upon the houses in iuly 1647. and passed an ordinance by a greater force from the army , for nulling and vacating all ordinances , orders and proceedings in parliament , during their absence from the house upon a mere pretext of force ) not only continued sitting in the house without flying from it , when under such an horrid force of the army as this upon their members , but also proceeded to act , though not above 45. in number ; and to vote the votes for no more addresses to the king to be revived , and unvote the votes for the treaty with the king , as prejudiciall and dishonourable to the kingdome , and likewise un-voted the votes for restoring the ten impeached members . these votes being passed , the generall by a party of horse and foot violently seized upon sheriffe browne a member of the house , and secured him prisoner in st. iames , to a roome without hangings or bedding : and about 4. of the clocke at night captain lawrence the marshall of the army brought a message from the generall and his councell to remove sir william waller , major gen. massey , sir iohn clotworthy , and commissary copley , from the kings head in the strand , where they were six dayes imprisoned , to st. iames . upon which they expostulating with the marshall desired him to bring an order in writing from the generall or his councel for their removall , they having never seen nor heard of any warrant from them in writing for their former restraint : whereupon he repayred to the gen. & returned with a warrant under his hand for their removeall to st iames about 6 of the clock . upon reading whereof , they read a protestation drawn up in writing and signed with all their hands to this effect : that they being members of parliament and free men of england did protest before god , angells and men , that neither the generall himselfe nor his councell of warre , had any power or authority to seize , detaine , imprison , or remove their persons , nor to try them by a councell of war : and that they had usurped to themselves a greater arbitrary power over the members of parliament , and freemen of this realme then ever this or any other king of england had arrogated to himselfe &c. and that though they neither would nor could submit to their usurped power , yet they would alwayes be ready to submit themselves to any tryall by a free parliament , for any crime that could or should be suggested against them . which when they had read , they tendred to the marshall to deliver it to the generall and his councell , who refused to receive and left it upon the table . some other members there present , alleadged to the marshall , that these proceedings of the army against the members by mere power without any authority at all , ( by which alone the marshall there openly affirmed the generall and officers now proceeded ) was as bad or worse then that of the great turke or ianizaries . that it was a farre more arbitrary and tyrannicall power then ever the king or his evill councellors , or the most persecuting courts and prelates usurped or exercised , and that all their tyranny , oppression and injustice was not comparable to theirs : that this was that the officers and army protested against in all their declarations , and professed they had fought against , and therefore it was monstrous themselves should exercise such tyranny , and injustice now even upon members themselves , and how then would they tyrannize it over others ? the standers by were deeply affected with this new monstrous tyranny and persecution of gallant members and commanders , who had done such brave services for their countrey , and were thus tossed up and down at the lawlesse pleasure of ignoble and degenerous usurpers of more then regall power , from prison to prison , and accompanying them to the coach and there taking their farewells of them , they were guarded with musquetiers and carried in the dark to saint iames prisoners , and there shut up in a foul room where the souldiers had layne some nights before , without hangings or bedding to rest their heads upon , where they must lye all night upon the boards as they did in hell , if not otherwise provided for . certainly if these proud officers of the army , and monsters of tyranny had not cast off all humanity , all christianity , all fear , all love of god or men , and that noblenesse and ingenuity , which is incident to the rudest soldiars towards soldiers and gallant commanders in the wars as these gentlemen have bin , and quite degenerated , into beasts , they could not shew such unheard of cruelty and inhumanity to these honourable members and patriots of their countrey , and use them more barbarously though their masters and freinds , then usually they did the worst cavaliers , or then the king himselfe and his souldiers would have treated them , had they taken them prisoners in the field . doubtlesse this most execrable tyranny of these new kings & tyrants at white-hall will engage both heaven & earth unanimously against them , and bring them unto fearfull ends and speedy ruine , if they repent not , and returne to their pristine obedience . and their commissions being forfeited & nulled , the soldiers absolutely discharged from any obedience to them , the parliament from any protection of them , the kingdome from all contributions and taxes towards them , and the members , kingdome and god himselfe enraged against them ; for this their exorbitant and matchlesse tyranny , and horrid rebellion in levying w●rre upon the houses , forcing and imprisoning their members , and casting them into hell and other inconvenient places without any fitting accomodations , they must of necessity sodainly fall , perish & becom like dung upon the earth , and of a most glorious and victorious army , laden with honor and booty , become the very scorne , sink and scumme of men , which god give them hearts and grace to consider , before it be too late : and to remember that of the psalmist psal. 140. 11. evill shall hunt the violent man to overthrow him . it overthrew violent strafford , and laud this very parliament and cost them their heads and it will overthrow the gen. & councell of war to , who far exceed them in violence and tyranny of all sorts , and in overturning parliaments , lawes , liberties , and the ancient government of the kingdome , which have ever overturned those who have endeavoured to subvert them , and brought them to a dishonorable and shamefull end . wednesday the 13 of december , the officers of the army kept out sir iohn hippesley and mr. packer , and would not permit them to enter the house ; where they repealed the vote of the commons on munday the 4. of december , that the king was removed from the isle of wight without the privity or consent of the house : there were out 45. in the house to repeal this vote passed by 240. and those 45 are very eminent for their extream honesty , and publique receipts of the kingdomes treasure . after which the army hackneyes repealed likewise the vote of the fifth of december last passed by above 141 votes , that the kings answer to the propositions were a sufficient ground for them to proced to the setlement of the kingdome , which they desire to embroyle in perpetuall wars and broyles , that they may keep their offices , and what they have gotten into their hands by hook or crook : whiles those who have spent their estates and adventured their lives in these wars and have more honesty in their little fingers , then those that sit in their whole bodies , are imprisoned and restrained from the house by a company of rebells , against their superiours , to give them no worse title . thursday the 4th . of december , the fagge end of the commons being about 43. in number , considering that all the best and honest men were secluded from them by the army , and protested they were no house , moved that they might send to the generall to know upon what accompt their members were restrained and secluded by the army , but with this unworthy addition , that they should carry with them the votes that passed the day before , for his councell of wars approbation , repealing what the excluded members had formerly voted a thing so dishonourable and below a parliament ( if they were worthy the name of one ) that they deserve eternally to be excluded all future parliaments , ex cauda draconem , you may see what beasts they are by this dragons tayle . the 20. of december the generall sent for 16. of the imprisoned members to his lodging : where comming , commissary ireton , col. whaley , and col. rich acquainted them that the generall was fallen sodainly ill , and kept his chamber , and thererefore left them to acquaint them with his minde . that they were all absolutely discharged ; and had freely liberty to go to their lodgings and houses ; but did expect they should act nothing contrary to the present actings ; and if they did it would be the worse for them . to which they gave no present answer , and will advise how they accept of liberty upon such conditions . finis . notes, typically marginal, from the original text notes for div a91272e-100 * see their declaration of august 18. 1647. an argument shewing, that a standing army, with consent of parliament, is not inconsistent with a free government, &c. defoe, daniel, 1661?-1731. 1698 approx. 46 kb of xml-encoded text transcribed from 16 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a37421 wing d828 estc r20142 11768890 ocm 11768890 48807 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation 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(eebo-tcp ; phase 1, no. a37421) transcribed from: (early english books online ; image set 48807) images scanned from microfilm: (early english books, 1641-1700 ; 488:3) an argument shewing, that a standing army, with consent of parliament, is not inconsistent with a free government, &c. defoe, daniel, 1661?-1731. [4], 26 p. printed for e. whitlock, london : 1698. attributed to daniel defoe. cf. bm. a reply to: an argument shewing that a standing army is inconsistent with a free government by john trenchard and walter moyle. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng trenchard, john, 1662-1723. -argument shewing that a standing army is inconsistent with a free government. england and wales. -army. standing army. great britain -politics and government -1689-1702. 2002-07 tcp assigned for keying and markup 2002-08 aptara keyed and coded from proquest page images 2002-10 judith siefring sampled and proofread 2002-10 judith siefring text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion an argument shewing , that a standing army , with consent of parliament , is not inconsistent with a free government , &c. 2 chron. 9. 25. and king solomon had four thousand stalls for horses and chariots , and twelve thousand horsemen ; whom he bestowed in the chariot-cities , and with the king at jerusalem . london : printed for e. whitlock near stationers . 1698. the preface . the present pen and ink war rais'd against a standing army , has more ill consequences in it , than are at first sight to be discern'd . the pretence is specious , and the cry of liberty is very pleasing ; but the principle is mortally contagious and destructive of the essential safety of the kingdom ; liberty and property , are the glorious attributes of the english nation ; and the dearer they are to us , the less danger we are in of loosing them ; but i cou'd never yet see it prov'd , that the danger of loosing them by a small army was such as we shou'd expose our selves to all the world for it . some people talk so big of our own strength , that they think england able to defend it self against all the world. i presume such talk without book ; i think the prudentest course is to prevent the trial , and that is only to hold the ballance of europe as the king now does ; and if there be a war to keep it abroad . how these gentlemen will do that with a militia , i shou'd be glad to see proposed ; 't is not the king of england alone , but the sword of england in the hand of the king , that gives laws of peace and war now to europe ; and those who would thus write the sword out of his hand in time of peace , bid the fairest of any men in the world to renew the war. the arguments against an army have been strongly urg'd ; and the authors with an unusual assurance , boast already of their conquest , tho' their armour is not yet put off . i think their triumph goes before their victory ; and if books and writing will not , god be thanked the parliament will confute them , by taking care to maintain such forces , and no more , as they think needful for our safety abroad , without danger at home , and leaving it to time to make it appear , that such an army , with consent of parliament , is not inconsistent with a free government , &c. an argument , shewing , that a standing army , with consent of parliament , is not inconsistent with a free government , &c. in the great debates about a standing army ; and in all the arguments us'd on one side and 'tother , in the case it seems to me , that both parties are guilty of running into the extreams of the controversie . some have taken up such terrible notions of an army , that take it how you will , call it what you will ; be it rais'd , paid or commanded by whom you will , and let the circumstances be alter'd never so much , the term is synonimous , an army is an army ; and if they don't enslave us , the thanks is not to our good conduct ; for so many soldiers , so many masters : they may do it if they will ; and if they do not do it now , they may do it in another reign , when a king shall arise who knows not ioseph , and therefore the risque is not to be run by any means : from hence they draw the consequence , that a standing army is inconsistent with a free government , &c. which is the title to the argument . this we find back'd by a discourse of militia's , and by a second part of the argument , &c. and all these three , which seem to me to be wrote be the same hand , agree in this point in general ▪ that the war being at an end , no forces at all are to be kept in pay , no men to be maintained whose profession is bearing arms , whose commission is to kill and slay , as he has it in the second part ; but they must be dismist , as men for whom there is no more occasion against an enemy , and are dangerous to be kept up , least they find occasion against our selves . the advocates for the necessity of a standing army , seem to make light of all these fears and jealousies ; and plead the circumstances of the kingdom , with relation to our leagues and confederacys abroad , the strength of our neighbours , a pretender to the crown in being , the uncertainties of leagues , and the like , as arguments to prove an army necessary . i must own these are no arguments any longer than those circumstances continue , and therefore can amount to no more than to argue the necessity of an army for a time , which time none of them has ventured to assign , nor to say how , being once establish'd , we shall be sure to be rid of them , in case a new king shou'd succeed before the time be expir'd , who may not value our liberty at the rate his present majesty has done . i desire calmly to consider both these extreams , and if it be possible , to find out the safe medium which may please us all . if there be any person who has an ill design in pushing thus against the soldery . i am not to expect , that less than a disbanding the whole army will satisfie him ; but such who have no other end than preserving our liberties entire , and leaving them so to posterity , will be satisfied with what they know is sufficient to that end ; for he who is not content with what will fully answer the end he proposes , has some other end than that which he proposes . i make no reflections upon any party , but i propose to direct this discourse to the honest well meaning english ▪ freeholder , who has a share in the terra firma , and therefore is concern'd to preserve freedom to the inhabitant that loves his liberty better than his life , and won't sell it for money ; and this is the man who has the most reason to fear a standing army , for he has something to loose ; as he is most concern'd for the the safety of a ship , who has a cargo on her botom . this man is the hardest to be made believe that he cannot be safe without an army , because he finds he is not easie with one . to this man all the sad instances of the slavery of nations , by standing armies , stand as so many buoys to warn him of the rocks which other free nations have split upon ; and therefore 't is to this man we are to speak . and in order to state the case right , we are to distinguish first between england formerly , and england now ; between a standing army able to enslave the nation , and a certain body of forces enough to make us safe . england now is in sundry circumstances , different from england formerly , with respect to the manner of fighting , the circumstances of our neighbours , and of our selves ; and there are some reasons why a militia are not , and perhaps i might make it out cannot be made fit for the uses of the present wars . in the ancient times of england's power , we were for many years the invaders of our neighbours , and quite out of fear of invasions at home ; but before we arriv'd to that magnitude in the world , 't is to be observed we were hardly ever invaded , but we were conquer'd , william the conqueror was the last ; and if the spaniard did not do the same , 't was because god set the elements in battel array against them , and they were prevented bringing over the prince of parma's army ; which if they had done , 't would have gone very hard with us ; but we owe it wholly to providence . i believe it may be said , that from that time to this day , the kingdom has never been without some standing troops of souldiers entertain'd in pay , and always either kept at home or employ'd abroad ; and yet no evil consequence follow'd , nor do i meet with any votes of the parliament against them as grievances , or motions made to disband them , till the days of king charles the first . queen elizabeth , tho' she had no guard du corps , yet she had her guards du terres . she had even to her last hour several armies , i may call them , in pay among forreign states and princes , which upon any visible occasion were ready to be call'd home . king iames the first had the same in holland , in the service of gustavus adolphus king of sweden , and in the unfortunate service of the king of bohemia ; and that scotch regiment , known by the name of douglass's regiment , have been , ( they say ) a regiment two hundred and fifty years . king charles the first had the same in the several expeditions for the relief of rochel , and that fatal descent upon the isle of rhe , and in his expeditions into scotland ; and they would do well to reconcile their discourse to it self , who say in one place , if king charles had had five thousand men , the nation had never struct one stroak for their liberties ; and in another , that the parliament were like to have been petitioned out of doors by an army a hundred and fifty miles off , tho there was a scotch army at the heels of them : for to me it appears that king charles the first had an army then , and would have kept it , but that he had not the purse to pay them , of which more may be said hereafter . but england now stands in another posture , our peace at home seems secure , and i believe it is so ▪ but to maintain our peace abroad , 't is necessary to enter into leagues and confederacies : here is one neighbour grown too great for all the rest ; as they are single states or kingdoms , and therefore to mate him , several must joyn for mutual assistance , according to the scotch law of duelling , that if one can't beat you ten shall . these alliances are under certain stipulations and agreements , with what strength and in what places , to aid and assist one another ; and to perform these stipulations , something of force must be at hand if occasion require . that these confederacies are of absolute and indispensible necessity , to preserve the peace of a weaker against a stronger prince , past experience has taught us too plainly to need an argument . there is another constant maxim of the present state of the war ; and that is , carry the war into your enemies country , and always keep it out of your own . this is an article has been very much opposed 't is true ; and some , who knew no better , would talk much of the fruitless expence of a war abroad ; as if it was not worth while to defend your confederates country , to make it a barrier to your own . this is too weak an argument also to need any trouble about ; but this again makes it absolutely necessary to have always some troops ready to send to the assistance of those confederates if they are invaded . thus at the peace of nimeguen , six regiments were left in holland , to continue there in time of peace , to be ready in case of a rupture . to say , that instead of this we will raise them for their assistance when wanted , would be something , if this potent neighbour , were not the french king , whose velocity of motion the dutch well remember in 1672. but then , say they , we may send our militia . first , the king can't command them to go ; and secondly , if he could , no body wou'd accept them ; and if they would go , and would be accepted of , they would be good for nothing : is we have no forces to assist a confederate , who will value our friendship , or assist us if we wanted it ? to say we are self-dependent , and shall never need the assistance of our neighbour , is to say what we are not sure of , and this is certain it is as needful to maintain the reputation of england in the esteem of our neighbours , as 't is to defend our coasts in case of an invasion ; for keep up the reputation of our power , and we shall never be invaded . if our defence from insurrections or invasions , were the only necessary part of a future war , i shou'd be the readier to grant the point , and to think our militia might be made useful ; but our business is principiis obsta , to beat the enemy before he comes to our own door . our business in case of a rupture , is to aid our confederate princes , that they may be able to stand between us and danger : our business is to preserve flanders , to garrison the frontier towns , and be in the field in conjunction with the confederate armies : this is the way to prevent invasions , and descents : and when they can tell us that our militia is proper for this work , then we will say something to it . i 'll suppose for once what i hope may never fall out , that a rupture of this peace shou'd happen , and the french , according to custom , break suddenly into flanders , and over-run it , and after that holland , what condition wou'd such a neighbourhood of such a prince , reduce us to ? if it be answer'd again , soldiers may be raised to assist them . i answer , as before , let those who say so , read the history of the french king's irruption into holland in the year 1672. where he conquer'd sixty strong fortified towns in six weeks time : and tell me what it will be to the purpose to raise men , to fight an enemy after the conquest is made ? 't will not be amiss to observe here that the reputation and influence the english nation has had abroad among the princes of christendom , has been always more or less according as the power of the prince , to aid and assist , or to injure and offend , was esteem'd . thus queen rlizabeth carried her reputation abroad by the courage of her english souldiers and seamen ; and on the contrary , what a ridiculous figure did king iames , with his beati pacifici , make in all the courts of christendom ? how did the spaniard and the emperor banter and buffoon him ? how was his ambassador asham'd to treat for him , while count colocedo told count mansfield , that his new master ( meaning king iames ) knew neither how to make peace or war ? king charles the first far'd much in the same manner : and how was it altered in the case of oliver ? tho' his government did a tyrant resemble , he made england great , and her enemies tremble . dialogue of the houses . and what is it places the present king at the helm of the confederacies ? why do they commit ▪ their armies to his charge , and appoint the congress of their plenipotentiaries at his court ? why do distressed princes seek his mediation , as the dukes of holstien , savoy , and the like ? why did the emperor and the king of spain leave the whole management of the peace to him ? 't is all the reputation of his conduct and the english valour under him ; and 't is absolutely necessary to support this character which england now bears in the world , for the great advantages which may and will be made from it ; and this character can never live , nor these allyances be supported with no force at hand to perform the conditions . these are some reasons why a force is necessary , but the question is , what force ? for i grant , it does not follow from hence , that a great army must be kept on foot in time of peace , as the author of the second part of the argument says is pleaded for . since then no army , and a great army , are extreams equally dangerous , the one to our liberty at home , and the other to our reputation abroad , and the safety of our confederates ; it remains to inquire what medium is to be found out ; or in plain english , what army may , with safety to our liberties , be maintained in england , or what means may be found out to make such an army serviceable for the defence of us and our allies , and yet not dangerous to our constitution . that any army at all can be safe , the argument denies , but that cannot be made out ; a thousand men is an army as much as 100000 ; as the spanish armado is call'd , an armado , tho' they seldom fit out above four men of war ; and on this account i must crave leave to say , i do confute the assertion in the title of the argument , that a standing army is inconsistent with a free government , and i shall further do it by the authority of parliament . in the claim of right , presented to the present king ▪ and which he swore to observe , as the pacta conventa of the kingdom , it is declar'd , in hac verba , that the raising or keeping a standing army within the kingdom in time of peace , unless it be by consent of parliament , is against law. this plainly lays the whole stress of the thing , not against the thing it self , a standing army , nor against the season , in time of peace , but against the circumstance , consent of parliament ; and i think nothing is more rational than to conclude from thence , that a standing army in time of peace , with consent of parliament , is not against law , and i may go on , nor is not inconsistent with a free government , nor destructive of the english monarchy . there are two distinctions necessary therefore in the present debate , to bring the question to a narrow compass . first , i distinguish between a great army and a small army . and secondly , i distinguish between an army kept on foot without consent of parliament , and an army with consent of parliament . and whereas we are told , an army of soldiers is an army of masters , and the consent of parliament don't alter it , but they may turn them out of doors who rais'd them , as they did the long parliament . the first distinction answers that ; for if a great army may do it , a small army can't ; and then the second distinction regulates the first . for it cannot be supposed , but the parliament when they give that consent which can only make an army lawful , will not consent to a larger army then they can so master , as that the liberties or people of england , shall never be in danger from them . no man will say this cannot be , because the number may be supposed as small as you please ; but to avoid the sophistry of an argument , i 'll suppose the very troops which we see the parliament have not voted to be disbanded ; that is , those which were on foot before the year 1680. no man will deny them to be a standing army , and yet sure no man will imagine any danger to our liberties from them . we are ask'd , if you establish an army , and a revenue to pay them , how shall we be sure they will not continue themselves ? but will any man ask that question of such an army as this ? can six thousand men tell the nation they won't disband , but will continue themselves , and then raise money to do it ? can they exact it by military execution ? if they can , our militia must be very despicable . the keeping such a remnant of an army does not hinder but the militia may be made as useful as you please ; and the more useful you make it , the less danger from this army : and however it may have been the business of our kings to make the militia as useless as they could , the present king never shew'd any tokens of such a design . nor is it more than will be needful , for 6000 men by themselves won't do , if the invasion we speak of should ever be attempted . what has been said of the appearance of the people on the purbeck fancied invasion , was very true ; but i must say , had it been a true one of forty thousand regular troops , all that appearance cou'd have done nothing , but have drove the country in order to starve them , and then have run away : i am apt enough to grant what has been said of the impracticableness of any invasion upon us , while we are masters at sea ; but i am sure the defence of england's peace , lies in making war in flanders . queen elizabeth found it so , her way to beat the spaniards , was by helping the dutch to do it . and she as much defended england in aiding prince maurice , to win the great battel of newport , as she did in defeating their invincible armado . oliver cromwel took the same course ; for he no sooner declared wat against spain , but he embark'd his army for flanders : the late king charles did the same against the french , when after the peace of nimeguen , six regiments of english and scots were always left in the service of the dutch , and the present war is a further testimony : for where has it been fought , not in england , god be thanked , but in flanders ? and what are the terms of the peace , but more frontier towns in flanders ? and what is the great barrier of this peace , but flanders ; the consequence of this may be guess'd by the answer king william gave when prince of orange , in the late treaty of nimeguen ; when , to make the terms the easier , 't was offered , that a satisfaction shou'd be made to him by the french , for his lands in luxemburgh ; to which the prince reply'd . he would part with all his lands in luxemburgh to get the spaniards one good frontier town in flanders . the reason is plain ; for every one of those towns , tho' they were immediately the spaniards , were really bulwarks to keep the french the further off from his own country ; and thus it is now : and how our militia can have any share in this part of the war , i cannot imagine . it seems strange to me to reconcile the arguments made use of to magnifie the serviceableness of the militia , and the arguments to enforce the dread of a standing army ; for they stand like two batteries one against another , where the shot from one dismounts the cannon of the other : if a small army may enslave us , our militia are good for nothing ; if good for nothing , they cannot defend us , and then an army is necessary : if they are good , and are able to defend us , then a small army can never hurt us , for what may defend us abroad , may defend us at home ; and i wonder this is not consider'd . and what is plainer in the world than that the parliament of england have all along agreed to this point . that a standing army in time of peace , with consent of parliament , is not against law. the establishment of the forces in the time of k. charles ii. was not as i remember ever objected against in parliament , at least we may say the parliament permitted them if they did not establish them : and the present parliament seems enclin'd to continue the army on the same foot , so far as may be suppos'd from their vote to disband all the forces raised since 1680. to affirm then , that a standing army , ( without any of the former distinctions ) is inconsistent , &c. is to argue against the general sense of the nation , the permission of the parliament for 50 years past , and the present apparent resolutions of the best composed house that perhaps ever entred within those walls . to this house the whole nation has left the case , to act as they see cause ; to them we have committed the charge of our liberties , nay the king himself has only told them his opinion , with the reasons for it , without leading them at all ; and the article of the claim of right is left in full force : for this consent of parliament is now left the whole and sole judge . whether an army or no army ; and if it votes an army , 't is left still the sole judge of the quantity , how many , or how few . here it remains to enquire the direct meaning of those words , vnless it be by consent of parliament ▪ and i humbly suppose they may , among other things , include these particulars . 1. that they be rais'd and continued not by a tacit , but explicite consent of parliament ; or , to speak directly , by an act of parliament . 2. that they be continued no longer than such explicite consent shall limit and appoint . if these two heads are granted in the word consent , i am bold to affirm ▪ such an army is not inconsistent with a free government , &c. i am as positively assur'd of the safety of our liberties under the conduct of king and parliament , while they concur , as i am of the salvation of believers by the passion of our saviour ; and i hardly think 't is fit for a private man to impose his positive rules on them for method , any more than 't is to limit the holy spirit , whose free agency is beyond his power : for the king , lords and commons , can never err while they agree ; nor is an army of 20 or 40000 men either a scarcrow enough to enslave us , while under that union . if this be allow'd , then the question before us is , what may conduce to make the harmony between the king , lords and commons eteernal ? and so the debate about an army ceases . but to leave that question , since frailty attends the best of persons , and kings have their faux pas , as well as other men , we cannot expect the harmony to be immortal ; and therefore to provide for the worst , our parliaments have made their own consent the only clause that can make an army legitimate : but to say that an army directly as an army , without these distinctions , is destructive of the english monarchy , and inconsistent with a free government , &c. is to say then that the parliament can destroy the english monarchy , and can establish that which is inconsistent with a free government ; which is ridiculous . but then we are told , that the power of the sword was first placed in the lords er barons , and how they serv'd the king in his wars with themselves and their vassals , and that the king had no power to invade the priviledges of the barons , having no other forces than the vassals of his own demeasnes to follow him : and this form is applauded as an extraodinary constitution , because there is no other limitation of a monarchy of any signification than such as places the sword in the hand of the subject : and all such government where the prince has the power of the sword , tho' the people have the power of the purse , are no more monarchies but tyrannies : for not only that government is tyrannical which is tyrannically exercis'd , but all governments are tyrannical which have not in their constitution sufficient security against the arbitrary power of their prince ; that is , which have not the power of the sword to imploy against him if need be . thus we come to the argument : which is not how many troops may by allow'd , or how long ; but in short , no mercenary-troops at all can be maintain'd without destroying our constitution , and metamorphizing our government into a tyranny . i admire how the maintainer of this basis came to omit giving us an account of another part of history very needful to examine , in handing down the true notion of government in this nation , viz. of parliaments . to supply which , and to make way for what follows , i must take leave to tell the reader , that about the time , when this service by villenage and vassalage began to be resented by the people , and by peace and trade they grew rich , and the power of the barons being too great , frequent commotions , civil wars , and battels , were the consequence , nay sometimes without concerning the king in the quarrel : one nobleman would invade another , in which the weakest suffered most , and the poor man's blood was the price of all ; the people obtain'd priviledges of their own , and oblig'd the king and the barons to accept of an equilibrium ; this we call a parliament : and from this the due ballance , we have so much heard of is deduced . i need not lead my reader to the times and circumstances of this , but this due ballance is the foundation on which we now stand , and which the author of the argument so highly applaudes as the best in the world ; and i appeal to all men to judge if this ballance be not a much nobler constitution in all its points , than the old gothick model of government . in that the tyranny of the barons was intollerable , the misery and slavery of the common people insupportable , their blood and labour was at the absolute will of the lord , and often sacrifice to their private quarrels : they were as much at his beck as his pack of hounds were at the sound of his horne ; whether it was to march against a forreign enemy , or against their own natural prince ▪ so that this was but exchanging one tyrant for three hundred , for so many the barons of england were accounted at least . and this was the effect of the security vested in the people , against the arbitrary power of the king ; which was to say the barons took care to maintain their own tyranny , and to prevent the kings tyrahnizing over them . but 't is said , the barons growing poor by the luxury of the times , and the common people growing rich , they exchang'd their vassalage for leases , rents , fines , and the like . they did so , and thereby became entituled to the service of themselves ; and so overthrew the settlement , and from hence came a house of commons : and i hope england has reason to value the alteration . let them that think not reflect on the freedoms the commons enjoy in poland , where the gothick institution remains , and they will be satisfied . in this establishment of a parliament , the sword is indeed trusted in the hands of the king , and the purse in the hands of the people ; the people cannot make peace or war without the king , no● the king cannot raise or maintain an army without the people ; and this is the true ballance . but we are told , the power of the purse is not a sufficient security without the power of the sword : what! not against ten thousand men ? to answer this , 't is necessary to examine how far the power of the sword is in the hands of the people already , and next whether the matter of fact be true . i say the sword is in part in the hands of the people already , by the militia , who , as the argument says are the people themselves . and how are they ballanc'd ? 't is true , they are commissioned by the king , but they may refuse to meet twice , till the first pay is reimburst to the countrey : and where shall the king raise it without a parliament ? that very militia would prevent him . so that our law therein authorizing the militia to refuse the command of the king , tacitly puts the sword into the hands of the people . i come now to examine the matter of fact , that the purse is not an equivalent to the sword , which i deny to be true ; and here 't will be necessary to examine ▪ how often our kings of england have raised armies on their own heads , but have been forced to disband them for want of moneys , nay , have been forced to call a parliament to raise money to disband them . king charles the first is an instance of both these ; for his first army against the scots he was forced to dismiss for want of pay ; and then was forced to call a parliament to pay and dismiss the scots ; and tho' he had an army in the field at the pacification , and a church army too , yet he durst not attempt to raise money by them . i am therefore to affirm , that the power of the purse is an equivalent to the power of the sword ; and i believe i can make it appear , if i may be allowed to instance in those numerous armies which gaspar coligny , admiral of france , and henry the fourth king of navar , and william the first p. of orange brought of germany into france , and into the low countries , which all vanished , and could attempt nothing for want of a purse to maintain them : but to come nearer , what made the efforts of king charles all abortive , but want of the purse ? time was he had the sword in his hand , when the duke of buckingham went on those fruitless voyages to rochell , and himself afterwards to scotland , he had forces on foot , a great many more than five thousand , which the argument mentions , but he had not the purse , at last he attempted to take it without a parliament , and that ruin'd him . king charles the second found the power of the purse , so much out-ballanced the power of the sword , that he sat still , and let the parliament disband his army for him , almost whether he would or no. besides the power of the purse in england , differs from what the same thing is in other countries , because 't is so sacred a thing , that no king ever touch'd at it but he found his ruine in it . nay , 't is so odious to the nation , that whoever attempts it , must at the same time be able to make an entire conquest or nothing . if then neither the consent of parliament , nor the smalness of an army proposed , nor the power of the sword in the hands of the milia , which are the people themselves , nor the power of the purse , are not a sufficient ballance against the arbitrary power of the king , what shall we say ? are ten thousand men in arms , without money , without parliament authority , hem'd in with the whole militia of england , and dam'd by the laws ? are they of such force as to break our constitution ? i cannot see any reason for such a thought . the parliament of england is a body of whom we may say , that no weapon formed against them cou'd ever prosper ; and they know their own strength , and they know what force is needful , and what hurtful , and they will certainly maintain the first and disband the last . it may be said here , 't is not the fear of ten thousand men , 't is not the matter of an army , but 't is not the thing it self ; grant a revenue for life , and the next king will call it , my revenue , and so grant an army for this king , and the next will say , give me my army . to which i answer , that these things have been no oftner ask'd in parliament than deny'd ; and we have so many instances in our late times of the power of the purse , that it seems strange to me , that it should not be allowed to be a sufficient ballance . king charles the second , as i hinted before , was very loath to part with his army rais'd in 1676. but he was forced to it for want of money to pay them ; he durst not try whether when money had raised an army , an army cou'd not raise money . 't is true , his revenues were large , but frugality was not his talent , and that ruin'd the design . king iames the second was a good husband , and that very husbandry had almost ruin'd the nation ; for his revenues being well managed , he maintain'd an army out of it . for 't is well known , the parliament never gave him a penny towards it ; but he never attempted to make his army raise any money ; if he had ; 't is probable his work had been sooner done than it was . but pray let us examine abroad , if the purse has not governed all the wars of europe . the spaniards were once the most powerful people in europe ; their infantry were in the days of the prince of parma , the most invincible troops in the world. the dutch , who were then his subjects , and on whom he had levied immense sums of money , had the 10th penny demanded of them , and the demand back'd by a great army of these very spaniards , which , among many other reasons caused them to revolt . the duke d'alva afterwards attempted for his master to raise this tax by his army , by which he lost the whole netherlands , who are now the richest people in the world ; and the spaniard is now become the meanest and most despicable people in europe , and that only because they are the poorest . the present war is another instance , which having lasted eight years , is at last brought to this conclusion ▪ that he who had the longest sword has yielded to them who had the longest purse . the late king charles the first , is another most lively instance of this matter , to what lamentable shifts did he drive himself ? and how many despicable steps did he take , rather than call a parliament , which he hated to think of . and yet , tho' he had an army on foot , he was forced to do it , or starve all his men ; had it been to be done , he wou'd have done it . 't is true , 't was said the earl of strofford propos'd a scheme , to bring over an army out of ireland , to force england to his terms ; but the experiment was thought too desperate to be attempted , and the very project ruin'd the projector ; such an ill fate attends every contrivance against the parliament of england . but i think i need go no further on that head : the power of raising money is wholly in the parliament , as a ballance to the power of raising men , which is in the king ; and all the reply i can meet with is , that this ballance signifies nothing , for an army can raise money , as well as money raise an army ; to which i answer , besides what has been said already ; i do not think it practicable in england : the greatest armies , in the hands of the greatest tyrants we ever had in england , never durst attempt it . we find several kings in england have attempted to raise money without a parliament , and have tryed all the means they could to bring it to pass ; and they need not go back to richard the second , to edward the second , to edward the fourth , to henry the eighth , or to charles the first , to remind the reader of what all men who know any thing of history are acquainted with : but not a king ever yet attempted to raise money , by military execution , or billetting soldiers upon the country . king iames the second had the greatest army and the best , as to discipline , that any king ever had ; and his desperate attempts on our liberties show'd his good will , yet he never came to that point . i won't deny , but that our kings have been willing to have armies at hand , to back them in their arbitrary proceedings , and the subjects may have been aw'd by them from a more early resentment ; but i must observe , that all the invasion of our rights , and all the arbitrary methods of our governors , has been under pretences of law. king charles the first levy'd ship-money as his due , and the proclamations for that purpose cite the pretended law , that in case of danger from a foreign enemy , ships shou'd be fitted out to defend us , and all men were bound to contribute to the charge ; coat and conduct money had the like pretences ; charters were subverted by quo warrantoes , and proceedings at law ; patriots were murther'd under formal prosecutions , and all was pretended to be done legally . i know but one instance in all our english story , where the souldery were employ'd as souldiers , in open defyance of law , to destroy the peoples liberties by a military absolute power , and that stands as an everlasting brand of infamy upon our militia ; and is an instance to prove , beyond the power of a reply , that even our militia , under a bad government , let them be our selves , and the people , and all those fine things never so much are under ill officers and ill management , as dangerous as any souldery whatever , will be as insolent , and do the drudgery of a tyrant as effectually . in the year when mr. dubois and mr. papillon , a member of the present parliament , were chosen sheriffs of london , and sir iohn moor , under pretence of the authority of the chair , pretended to nominate one sheriff himself , and leave the city to choose but one , and confirm the choice of the mayor , the citizens struggled for their right , and stood firm to their choice , and several adjournments were made to bring over the majority of the livery , but in vain : at length the day came when the sheriffs were to be sworn , and when the livery-men assembled at guild-hall to swear their sheriffs , they found the hall garrison'd with a company of trained-bands under lieutenant coll. quiney , a citizen himself , and most of the soldiers , citizens and inhabitants ; and by this force the ancient livery-men were shut out , and several of them thrown down , and insolently used , and the sheriffs thrust away from the hustings , and who the lord mayor pleased was sworn in an open defiance of the laws of the kingdom , and priviledges of the city . this was done by the militia to their everlasting glory , and i do not remember the like done by a standing army of mercenaries , in this age at least . nor is a military tyranny practicable in england , if we consider the power the laws have given to the civil magistrate , unless you at the same time imagine that army large enough to subdue the whole english nation at once , which if it can be effected by such an army as the parliament now seem enclined to permit , we are in a very mean condition . i know it may be objected here , that the forces which were on foot before 1680. are not the army in debate , and that the design of the court was to have a much greater force . i do not know that , but this i know , that those forces were an army , and the design of all these oponents of an army is in so many words , against any army at all , small as well as great ; a tenet absolutely destructive of the present interest of england , and of the treaties and alliances made by his majesty with the princes and states of europe , who depend so much on his aid in guard of the present peace . the power of making peace or war is vested in the king : 't is part of his prerogative , but 't is implicitly in the people , because their negative as to payment , does really influence all those actions . now if when the king makes war , the subject shou'd refuse to assist him , the whole nation would be ruin'd : suppose in the leagues and confederacies his present majesty is engag'd in for the maintenance of the present peace , all the confederates are bound in case of a breach to assist one another with so many men , say ten thousand for the english quota , more or less , where shall they be found ? must they stay till they are rais'd ? to what purpose would it be then for any confederate to depend upon england for assistance ? it may be said indeed , if you are so engag'd by leagues or treaties , you may hire foreign troops to assist till you can raise them . this answer leads to several things which would take up too much room here . foreign troops require two things to procure them ; time to negotiate for them , which may not be to be spar'd , for they may be almost as soon rais'd ; time for their march from germany , for there are none nearer to be hir'd , and money to hire them , which must be had by parliament , or the king must have it ready : if by parliament , that is a longer way still ; if without , that opens a worse gate to slavery than t'other : for if a king have money , he can raise men or hire men when he will ; and you are in as much danger then , and more than you can be in now from a standing army : so that since giving money is the same thing as giving men , as it appear'd in the late k. iames's reign , both must be prevented , or both may be allow'd . but the parliament we see needs no instructions in this matter , and therefore are providing to reduce the forces to the same quota they were in before 1680. by which means all the fear of invading our liberties will be at an end , the army being so very small that 't is impossible , and yet the king will have always a force at hand to assist his neighbours , or defend himself till more can be raised . the forces before 1680. were an army , and if they were an army by consent of parliament , they were a legal army ; and if they were legal , then they were not inconsistent with a free government , &c. for nothing can be inconsistent with a free government , which is done according to the laws of that government : and if a standing army has been in england legally , then i have proved , that a standing army is not inconsistent with a free government , &c. finis . advertisement . lately published . some reflections on a pamphlet lately published , entituled , an argument shewing that a standing army is inconsistent with a free government , and absolutely destructive to the constitution of the english monarchy . 2d . edit . printed for , and sold by e. whitlock near stationers-hall . 1697. minors no senators. or a briefe discourse, proving, that infants under the age of 21. yeares, are uncapable, in point of law, of being members of parliament, and that the elections of any such are meere nullities; yea, injurious, prejuditiall, dishonourable to the whole parliament and kingdome, in sundry respects. / written by a common-lawyer (a true lover of his country, and honourer of the parliament) to a friend and client of his, for his private satisfaction, and published for the common-good. prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91218 of text r205590 in the english short title catalog (thomason e506_33). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 65 kb of xml-encoded text transcribed from 10 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91218 wing p4008 thomason e506_33 estc r205590 99864930 99864930 117162 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91218) transcribed from: (early english books online ; image set 117162) images scanned from microfilm: (thomason tracts ; 80:e506[33]) minors no senators. or a briefe discourse, proving, that infants under the age of 21. yeares, are uncapable, in point of law, of being members of parliament, and that the elections of any such are meere nullities; yea, injurious, prejuditiall, dishonourable to the whole parliament and kingdome, in sundry respects. / written by a common-lawyer (a true lover of his country, and honourer of the parliament) to a friend and client of his, for his private satisfaction, and published for the common-good. prynne, william, 1600-1669. 16 p. [s.n.], printed at london : anno 1646. singed at end: w.p., i.e. william prynne. annotation on thomason copy: "aprill 20th". reproduction of the original in the british library. eng england and wales. -parliament -rules and practices -early works to 1800. election law -england -early works to 1800. minors -england -early works to 1800. a91218 r205590 (thomason e506_33). civilwar no minors no senators. or a briefe discourse, proving, that infants under the age of 21. yeares, are uncapable, in point of law, of being membe prynne, william 1646 11483 129 0 0 0 0 0 112 f the rate of 112 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-04 mona logarbo sampled and proofread 2007-04 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion minors no senators . or a briefe discourse , proving , that infants under the age of 21. yeares ▪ are uncapable , in point of law , of being members of parliament , and that the elections of any such are meere nullities ; yea , injurious , prejuditiall , dishonourable to the whole parliament and kingdome , in sundry respects . written by a common-lawyer ( a true lover of his country , and honourer of the parliament ) to a friend and client of his , for his private satisfaction , and published for the common-good . job 12. 12 , 12. with the ancient is wisdom , and in length of days is understanding : with him is wisdome and strength , he hath councell and understanding . galath. 4. 1 , 2. now i say the heire as long as hee is a child differeth nothing from a servant , though he be lord of all , but is under tutors and governours , untill the time appointed of the father . isay 3. 1. 2 , 3 , 4. for behold the lord of hosts doth take away from jerusalem the stay and the staffe , the prudent man , and the ancient ; the honourable man , and the councellor , and the eloquent orator . and i will give children to be their princes , and babes shall rule over them . and the people shall be oppressed every one by another , &c. 1 cor. 13. 11. vvhen i was a child , i spake as a child , i understood as a child , i thought ( or reasoned ) as a child : but when i became a man , i put away childish things . chrysostom , hom. 4. in 1 cor. cap. 1. non ferunt pueri ut de ulla re utili curam gerant ; sape autem cum nos loquamur de rebus necessarijs , eorum quae dicuntur , nihil sentiunt . printed at london , anno 1646. minors , no senators , or a briefe discourse against the election , admission , and permission of any infants under the age of 21. yeares , to be members of parliament . sir ; whereas you have requested me to deliver my opinion in point of law concerning this question now in controversie . whether an infant under the age of one and twenty ye●●es be capable of being a member of parliament ? and whether his election be not meerly voyd in law ? i conceive the finall resolution of this quere , belongs only to the houses of parliament , a the proper iudges of their own respective priviledges , members , and of the legallity or nullity of their election● ; yet notwithstanding since every lawyer , may without breach of priviledge of either house , declare , what hee believes the law to bee in any disputable point that concernes elections or members ; the committee of priviledges in all parliaments , admitting lawyers ( some of the most necessary , usefull , active , able members in a parliament , whatsoever some * ignoramusses have lately scribled , to the contrary , as experience manifests ) to debate all questions concerning elections of members before them , by the rules of law and right reason , and that committee , with the whole house of commons alwayes voting elections good or bad by these very rules , i have adventured without any scruple freely and impartially to deliver my judgement touching the propounded quere , with all humble submission to the parliament , ( the proper judge thereof ) and the opinions of more able lawyers then my selfe . for mine own opinion in this point , i am really perswaded , that infants under the age of twenty one yeares ( which the b law resolves to be their full age , when they come to full discretion ) are altogether uncapable of being members of the commons house , and that the elections of such members are meere nullities in law . the reasons swaying mee to this opinion are various , weighty , and i thinke unanswerable , i shall reduce them to these foure heads . 1. reasons extracted out of the very bowells of the writ it selfe for the electing of knights , citizens , and burgesses . 2. reasons taken from the very nature of the high court of parliament , both as it is the highest court of justice , and greatest councell of the realme ; and from the importance of the publike affaires therein transacted . 3. reasons from the inconveniencies that may arise from admitting infants competent members of this supreame court and councell . 4. reasons from presidents of forraign senates , parliaments , councels appliable to our owne great councell , and one expresse printed authority . first , the writ it selfe for electing knights and burgesses ( which is very ancient approved by all par●iaments , and c unalterable but by parliament , furnisheth me with three arguments against the election of infants , and their incapability of being members of parliament . the first of them is couched in this clause , comprizing the subject matter for which parliaments are summoned to treat and consult about ; to wit d de quibusdam arduis & urgentibus negotijs statum & defensionem regni ang●●a & ecclesiae anglicanae concernentibus . and infants certainly are uncapab●e ( for want of judgment experience wisdome , learning ) to debate , and determine such arduous , urgent , grand affaires , concerning the safety , the defence both of the rea●me and church of england , since in judgment of law , they are uncapable to mannage their owne private estates , as i shall more ful●y prove herea●ter : therefore not capable to be elected members of this supreamest councell of the realme . the 2d . is more transparent , and positively expressed in these ensuing words of the writ , which thus describe the quality of the persons to be elected . e elogi facias duos milites gladijs ●inctos , magis idoneos et discretos , & de qualibet civitate com. praedict. duos cives , & de quolibet burgo duos burgenses de discretioribus et magis sveficientibus eleg● facias . in relation to which clause of the writ the sheriffes , and majors use to make this forme of returne ; virtute ●stius brevis feci cleg● duos milites , magis idoneos et discretos , &c f●ci etiam praeceptum virtute hu●us brevis quod de eodem burg● elegi facerent duos burgenses de discretjor bus et magis svffienti●vs , &c. now i would demand of any rationall man , elector , or member of parliament , whether he believes in his conscience , that in the judgement of common reason , law , the compilers or issuers of this writ for elections , infants , who hav● f not arrived at the yeares of full , of ordinary discretion , and are so indiscreet in judgement of law , that they are uncapable to manage or dispose of their owne private estates , and therefore are in ward to others , can possibly be deemed . the most fit and discreet men to be e●ected knights in any county , or the more discreet and svfficient persons ; that can be culled out to serve as citizens , and burgesses for any city or burrough ? certainly they are so far from being the most discreet persons that the g law [ and gospel to ] resolves , they are within the years of perfect discretion , the most indiscreet of all others , not able to dispose of their own private estates : yea so far from being the most sit persons to be judges , or councellors in this supreame court , that they can neither be stewards , judges , attorneys , nor officers in any court of law or justice ; so far from being the most sufficient men [ to wit for wisdome , skill experience , judgement the sufficiency here intended , that they are the most insufficient of any , nnlesse all the whole county , city , or borough which elected them be fooles , children , or more indiscreet then those very infants they chuse to serve in parliament , as most discreet and sufficient persons . there is yet a third clause in the writ , discribing , what persons must be elected knights , citizens , and burgesses of parliament , even such only , qui plaenam & sufficientem potestatem pro se et commvnitate civitatum & burgorum pradict : ad faciedvm et conse●t i●ndvm his , quae tunc ibidem de communi consilio dicti regni nostri super negotijs ante dictis contigerint , ordinari . ita quod pro defecta potestatis hujusmodi , seu propter improvidam electionem civium ac burgensium pradictorum , dicta n●gocia infecta non remaneant quovismodo , now are wards or infants under the age of 21. years , such persons as these ? have they , or can they have any full and sufficient power for themselves or for the communaltie of the counties citties or burroughs for which they serve , to do and consent to those things concerning the arduous and weighty affaires of the church and state of england which shall be ordained by common consent in parliament ? doubtles not ▪ our common law resolves , h that infants have no full power to do or consent to any thing for themselves . if they levy a fine , acknowledge a statute , or recognisance , which are matters of record , they may avoyd them by a writ of i error , or an audita quarla by the common-law , during their minorities . their feofments , gra●ts , releases are all either void or voidable , as will at their full age as before , and that not only by themselves but their heirs to , by entrie , or a writ of k dum fuit infra aetatem : yea , their assents are meerly void in law , not binding themselves , as our law-books resolve . vpon which very reason m. 11. e. 3. assise : 87. it was resolved , that if one enter upon the freehold of an infant with his assent , this is a disseisin , because an infant cannot consent to an entry . and if he cannot consent fully for himselfe , much lesse for others being unable to be an l attorney or proxy to assent for others in any court of iustice , much more then in a parliament the supreamest court . therefore for defect of such a power , and by reason of such an improvident , election of infant-citizens and burgesses , the affaires of the realme must needs remain altogether , or in a great measure unfinisht , contrary to the purport of the writ of election ; and so in all these respects , such infants elections must needs be meerly void in law . my second sort of reasons shall be drawn from the nature of the high court of parliament it selfe , as it is the supremest court of iustice , the greatest councell of the kingdom , and from the consideration of the great publike affaires therein debated , transacted , resolved , settled . first the high court of parliament is the m most absolute and supreame court of justice in the realme , wherein the judgements proceedings of all other courts , civill ecclesiasticall or marine are examined finally determined , confirmed or revoked , without any further appeale : if then an infant be uncapable of being a judge either of matters of fact or law , in any iuferiour court of justice , much more then in this supreame soveraigne court which control's all others . master lit●leton in his chapter of parceners , sect. 259. and sir edward cooke in his institutes on it ▪ f. 155. 172. 175. resolve . that an infant before the age of 21. cannot be a n bayliffe nor receiver ( for want of skill and ability in intendment of law to make any improvement or profit of lands or goods ) nor yet sworne at all in any inquest as a juror ; the reason is , because , o jurors are judges of all matters of f●ct , which infants have no competent knowledge , experience or judgement in eye of law to determin or judge a right of any matters comming juditially before them , & therefore are not such legales homines , as the venire requires m. 40. & 41. eliz. b. rs. in a case betweene scambler , and walkers , reported in sir edward cookes institutes on littleton , fol. 3. b. it was resolved , that an infant is altogether uncapable of a stewardship of a manner , in possession or reversion , or of any office which concerns the administration or execution of iustice or the kings revenew , or the common wealth , or the interest , benefit or safety of the subject : because the law intends hee wants both skill and judgement juditially to mannage either of them . if then an infant be utterly uncapable of being a judge , officer , or executioner of justice in a court baron , leet , or in any the most inferiour courts , or of being a justice of peace , major , bayliffe , sheriffe , auditor p or but an ordinary attorney , and the like , where the meanest businesses between man and man are transacted ; much more is he uncapable of being a judge , in parliament , the suprem●st court of justice , where the most difficult businesses , the most weightie publike causes are q finally examined , debated , iudged without any further appeale , the very judgments of the greatest , learnedest judges , re-examined , and oft-times reversed ; the very lives , liberties estates of all the subjects , yea the prerogatives , rights , revenues of the crowne it selfe judicially determined , to the kingdomes weale or woe . upon this very ground , in the house of peeres , the king is not bound of right to send forth his writ of summons to any peere , that is under age , neither doth he use to summon such to sit as iudges in that house , though peere , by birth : but when any peere is of all age , then he ought to have a writ of summons ex debito justitiae , ( not before ) as sir edward cook informes us in his 4. institutes fol. 19. and 41. nay , if the king himselfe be an infant , [ as king henry the 3d. rich. the 2d hen. 5. hen. 6. edward 5. & 6. and some others of our kings were ] the r parliament hath in such cases , usually created a l. protector over him , in nature of a guardian , to supply his place in parliament , to give his royall assent to bills ; and execute that royall authority which himselfe by reason of his infancy is unable to discharge ; that of ſ liuy concerning ierom the infant k. of syra●use , who had his protectors ▪ being true , nomen regium penes puerum regem , regimen rerum omnium penes tutores . if then our peeres themselves during their minorities are thus uncapable of being judges in the house of peeres , where they represent their own persons only , and our kings too , in some respects , then much more are other infants uncapable of being members of the house of commons , where they t represent whole counties , cities , burroughs , yea the commons of all england , and vote and judge in their behalfe . secondly , as the parliament is the supreame court , so the u greatest councell of the kingdome . hence it is usually stiled in our ancient writers , ( especially before the conquest ) x concilium sapientum , ore sapientum populi ▪ concilium senatorum , seniorum natu majorum aldermannorum ; &c. and are infants such ? the members of it representing the house of commons , are commonly called , sapientes , sapientissimi viri , senatores , seniores populi , ●rudentissimi viri , authoritate & scientia pollentes : conspic●i clarique viri ; and are infants such ? or can they be stiled such ? if not , then certainly they are no fit members of such a councell , neither were they so reputed informer ages ; why then should they be deemed fit members now ? when greater , weightier businesses of all sorts concerning church and state are imagitation , then in any former age whatsoever , or all our parliaments put together ? nay , why should they bee deemed meete members to sit and vote in this greatest councell of the realme at this time , who are not thought fit persons to bee admitted in any our most inferiour councells [ authorized either by law or custom , ] at any time ? who ever heard or saw an infant elected a common-councell man in any of our cities , corporations , fraternities , guiles ; much lesse a major , alderman , master , or warden , in any of them ? did ever any of our kings make choice of infants for their priv●e councellours of state ? for their councell of warre , law , physicke ? or were ever any such elected to be members of any convocation , synod , councell ? our x present laws , and ancient canons prescribe , that no man shall bee made a minister before the age of 24. yeares ; much lesse then can bee a member of any synod or convocation , before that age : and shall infants then bee capable of being members of the supream councell of parliament before the age of 2● . wherein all acts , canons made in synods , or convocations must be [ x ] ratified before they becom obligatory ? certainly this would be a great solecisme , disparity , absurdity . every senater and member of the greatest councell of the realme ( as z polititians , and others resolve ] ought to be endued with these severall qualifications to discharge that place , which infants commonly want . 1. with deepe solid wisdome , and gravity . 2. sound judgement . 3. grand experience . 4. impartiall justice . 5. inflexible undaunted courage and resolution , not to be overcome with flattery or threats . 6. a prudent foresight to prevent all gro●ing mischiefes . 7. a competent measure of learning and skill , especially in the lawes , constitutions , and histories of his owne and other states , and in state affaires ; now what infant is there to bee found endowed with all these qualities in such an eminent manner as to make him a fitting member for so great so publike a councell as the parliament , to which none are to bee admitted , but such who are qualified in some good measure for it . thirdly , the matters to be debated and transacted in parliament will easily resolve , that they are too ●igh , weightie , difficult for infants to debate , order , as determine aright : as namely ▪ a first , all matters touching the king , his prerogative , crown , revenewes . secondly , all matters concerning the state of the kingdomes of england , and ireland , as well in times of warre as peace . thirdly , all affaires which concerne the defence of the kingdom by sea or land . fourthly , the preservation , reformation of the church government , disciplin of the church of engl. and true religion established therein . fifthly , the enacting of , new laws , with the amendment , or repeale of old ones . sixthly , all matters concerning the courts , officers , and administration of justice . seventhly , all things concerning trade , commerce , the severall arts and professions of all sorts of men . eighthly , crimes , grievances ▪ oppressions of all sorts . ninthly , the liberties , properties , estates , lives , limbes , of all the people . tenthly , the priviledges of this high court , and of the members therof ; alas what infant , ( yea what ancient experienced states man almost ) is sufficient for all these things of moment ? yea , if we look only upon the great arduous ecclesiasticall , civill , millitary affaires , wherein this parliament hath spent above five yeares deliberation and debate , we shall finde them so intricate , difficult , ponderous , dangerous , arduous and transcendent , as i am confident all that know them will conclude , they transcend the capacity of any infants to understand , much more to debate , determine resolve , settle in a ●ight and stable way for our churches , kingdoms future preservation . and shall we make or suffer infants to be members of this greatest councell of the realme to settle , determine such difficult weighty things as these , which their capacities , skill , abilities are unable to comprehend much lesse to resolve , regulate , settle ? verily if we should do this , i feare the whole kingdome and christian world would censure and condemne us ( as children ) for it . finally our b parliaments themselves have in all ages provided and taken speciall care of infants educations , persons , estates enjoyning their gardians , & others , to take the care and custody of them during their minority , and exempting them out of sundry acts in cases of lackes , nonclaime , fines , as persons uncapable to dispose of themselves or their estates yea void of competent wisdome and discretion to manage their owne privat● affaires : a direct parliamentary judgment and resolution in all ages , that they are much more uncapable to order , settle , manage the greatest affaires of the church , state , in the supreamest court and councell of the realme . 3ly . the reasons drawne from the inconveniencies and mischiefs of admitting infants to be members , are many . first , it is of one of the saddest judgments god threatens to his people that he will give them children to be their princes and babes to rule over them isa 3. 4. eccles. 10. 16. and then what followes . the people shall be oppressed every one by another and every one by his neighbour ; the child shal behave himselfe proudly against the ancient , and the base against the honourable ; children are their oppressors , and women rule over them , o my people those that load thee cause the to erre , and destroy the way of thy paths . isay 3. 5. 12. therefore it must needs be mischeivous and an heavy judgment to have children and babes in law , members of our parliaments , which should be a councell of the sagest , discreetest senators , and elders of our realme . 2ly . it is of very dangerous consequence for infants to be admitted members , especially in these times of greatest consultation , action , danger , and reformation . for first , if any one infant may de jure be a member of parliament then by consequence a second , third , & so in infinitum , till the house be filled with such for surety , if one infant be capable of being a member , then another as well as hee : and if an infant of twenty yeares , then of ten , twelve or lesse by like reason since if you once break the rules of law you can set no bounds ▪ to any number , or age of infants , and so by consequence , instead of having concilium sapientum , senatus seniorum , &c. as parliaments were ancient●y stiled ; we shall have parliamentum puororum , senatus infantum , a parliament of children , a senat of babes , if all cities , burgesses , were so childish so foolish , and injurious to the publike in their elections of such , as som [ through the importunity of friends ] have bin . now how dangerous this may prove to the kingdom , let all wise men judge , by the example of king c rehoboams young counsellors , who discontented his people and lost his kingdom . 3ly . admit the commons house should determine , how many infants they would allow to be members , ( perhaps not above five or six to prevent this inconvenience ) yet the mischiefe and danger of admitting so few may prove very great , not only in regard of the illnesse of the president in these signall times of reformation , but of the probable dangerous consequences of it . it was a prudent speech of a blunt burgesle when he was solicited to give his voyce for a young novice ; this is no parliament to enter whelps in , therefore we must think of som graver person . verily there are so many weighty & difficult debates almost every day in the house of matters of highest concernment , wherein the house is oft divided in their votes , that two or three infants misguided voyces , for want of judgment to vote a right , may infinitly prejudice , endanger our three whole churches , kingdomes in a moment , especially , if the wheele of fortune should turne against the parliament by any treachery , or disaster . therefore it is very perilous to admit any infants to sit as members , in such a dangerous over-reaching age as this . 4ly . it is inevitably perillous , and mischeivous ( as d bodin truly informat us ) upon this consideration . that the councell of young men [ especially of infants ] though never so wise , vertuous and discreet , will never be so readily entertained , nor their commands , advices , ordinances , laws , so chearefully submitted to by the people , young or old , as the councells , edicts , votes of grave , wise and ancient men , but be either slighted , vilified or disobeyed : for those ( writes he ) of equall age , will think themselves altogether as wise at they , and those who are ancienter will deeme themselves much wiser then such young councellors of state , and thereupon scorne , contemne , deride their votes , ordinances , resolutions , ( especially when any new lawes or formes of government are to be introduced by them , and the old laid quite aside , as now : ) and in matters of state ( if in any thing in the world ) opinion hath no lesse , and oftentimes more force then the truth it selfe ; neither is there any thing in a commonweale more dangerous , then for subjects to have an ill opinion of their councellers , governours law-makers ; for then how shall they obey them ? and if they obey them not , what issue is to be expected ? surely disobedience , sedition , rebellion , ruine , it behoves therefore our present parliament , if they would prevent this dangerous mischiefe , to expell all infant ( as well as malignant ) members , which may draw a very great disparagment , contempt , or disesteem upon their councels , votes , ordinances , laws , not only in the opinions of royalists and malignants , but of grave , wise well affected persons of eminency and ability , who perchance will tacitly deem it no small disparagement , if not injury and folly for them , to submit their lives , liberties , estates , lawes , and consciences in some measure , to the votes , resolutions , and commands of infants under age , though backed with the most mature suffrages , advices , of many aged , wise and eminent members of greatest integrity and sufficiency . it is a memorable observation of solomon eccles. 10. 1. dead flies cause the oyntment of the apothecary to send forth a stinking savour : so doth a little folly him that it in reputation for wisdome and honour . and no man knowes what an evill savour o● contempt , disobedience , disrespect , the apprehention of a little folly in some infant members may draw upon the whole parliament , [ their ordinances and proceedings , ] though otherwise in great reputation for wisdome and honour . e cicero defined the roman sonate to bee , the oracle of the whole city . and ●liny resolves ; f it is a wicked act to goe against the authority of the senate . it therefore behooves all freeholders , citizens and burgesses of the realme to take speciall care , that they elect not , and the honourable houses that they admit not any unfit members , whose illegall presence or votes therein may derogate in the peoples opinions from their incomparable wisdome , or irresistable authority . fifthly , it is mischievous in this , that as it opens the mouthes of royalists , papists , malignants , sectaries , and the prelaticall party to revile , calumniate , censure , vilifie , not only the new recruits , votes , ordinances , proceedings of the commons house for the present , so if they should get power enough hereafter ( which god forbid ) it may give them occasion to undoe , unvote , repeale , yea nullifie all their acts , ordinances , proceedings for the future ; because some infants [ uncapable by law of being members , or of consenting for themselves or others ) had a vote and concurrence in their passing , whose acts , votes , consents , are either voyd , or voydable by law . certainly when i read the printed act of 39. h. 6. cap. 1. which repeales and makes void the parliament held at coventry the yeare before , and all acts , statutes , and ordinances therein made , upon this very ground among other , that a great part of the knights citizens and burgesses appearing in it , were unduly elected against the course of the kings lawes , and the liberties of the commons of this realme , by the meanes and labours of some seditions persons : and when i consider , that our unconstant persidious king henry the 3d. nulled and avoyded for a time g the great charter of the forrest ( though confirmed in parliament ) upon this pretext , that he was a minor under the age of 21. when he first granted it and in ward , &c. and when i revolve the statutes of 28. h. 8. c. 7. & 1. edw. 6. c. 11. which authorized the heires of the crowne to king henry the 8. and king edw. the 6. even out of parliament to repeale all acts and statutes made and assented to by them in parliament before their age of 24. years , after they came to the age of 24. years : and when i consider upon what other h slight pretences some former parliaments and their acts have bin totally nulled : it makes me tremble and feare , what future ages may attempt against the proceedings of our present parliament [ if the malignant royall party should grow potent ] upon the like pretences , [ especially of undue elections of infants , and others now complained of , ] unlesse the parliament take timely care to redresse them , and severely prohibit , censure all undue underhand practises in new elections , of which we have so many sad complaints in diverse parts . the prevention therefore of this grand future mischiefe , will undoubtedly move them to apply a present remedy to it , for feare of after-claps . fifthly , by the ancient law and custome of parliament , as our i law 〈◊〉 resolve and the statute of 5. r. 2. cap. 4. enacts ; every member of parliament who absents himselfe , or departs from it , without just ex●●●e and license , shall be amerced , and otherwise punished ( by imprisonment and the like ) as oft time hath bin used . but k our law-books all resolve , that an infant cannot be fined , amerced , or imprisoned for any laches , default , absence or negligence , because he is not of full discretion : therefore he cannot be a member of parliament by the expresse resolution of these authorities and this statute ; even for this very mischiefe , because he cannot bee amerced imprisoned or punished , as other members are and ought to be , in case of absence , or undue departure from the parliament . sixthly , admit the forementioned mischiefes should all prove but contingent , and future , yet this one present mischiefe happens by infants elections , that they keep out abler members , and deprive the parliament , kingdome of the assistance , councell , abilities of more discreete , wise , active , experienced . venerable persons then themselves , who by reason of their infancy , and want of experience , are no ways serviceable , active in the house or in committees , where they commonly sit as ciphers , to keep out figures , and men of greater parts and eminency . i have ought times admired at the sotishnesse of people in resigning up their lives , liberties , estates , laws , religion , all , into the hand● of such novices and unconfiding members whom they elect to represent and vote for them in parliament , as themselves would disdain to advise with , or make use of in any other imployment . no man is so foolish as to make choice of a young raw unexperienced unskilfull practitioner to be his pilot , physitian , lawyer , advocate , commander , especially if the voyage , disease , case service , bee dangerous or difficult ; but will resort to the skilfulest pilots , physitians , lawyers , advocates , souldiers , in such cases . and should they not much more do thus in their choyce of members of parliament , especially in these dangerous and tempestuous times , when the ship of our church , state are extreamely indangered by stormes and rockes ; the whole body of our three kingdomes , churches desperately diseased , wounded , lacerated , their case very dubious if not desperate ; and their service so hot , so difficult , that it requires the conduct of the most experienced commanders to bring them off with safety ? certainly if they doe it not , the election of some few unable members and preterition of others of greater abilities in this juncture of time of affaires of highest concernment , may ruin us and our posterities for ever . the consideration therefore of these recited mischiefes should , and will no doubt enduce the parliament , to remove all such infants and illegall members , ( as well as malignants and monopolists ) out of the commons house , or prelates and popish peeres , out of the house of lords . seventhy , it is mischievous even in this regard , that it is an extraordinary dishonour to our whole parliament and nation , to suffer infants to sit as judges , councellors in the supreamest judicature and councell of our three kingdoms , which gives lawes to england , ireland , all the kings dominions except scotland on which it hath a great influence to , by reason of the mutuall brotherly league betweene both nations , ] especially in such a time of reformation , consultation , circumspection , and action as this is . what think you will foraign nations report of our parliament , our nation , if they shall heare of infants , wards , minors sitting yea voting as members as judges among our knights , citizens , burgesses now the greatest matters ever debated in any parliament are in agitation ? will they not say , our kingdome is either voyd of wise experienced senators , that we elect such novices ; or that all our wise ancient men , or our electors are turned children . naturalls in making such a choyce , and our parliament very neglectfull of their owne honour in petmitting such associats to sit among them , in case the kingdome can afford them others of more antiquity ability , and experience ? to prevent therefore this dishonour abroad , and the scoffs of royalists and malignants at home ( who jeare us with these childish infant members , as well as with our independent women-preachers ) i make no doubt but the house of commons will unanimously resolve , their elections void in law , and their electors worthy publike censure , for putting such a dishonour both on our parliament and nation , and enjoyne them hereafter to make better choyces , under paine of forfeiting their right of election . 4ly . for presidents in forraigne states , i could produce many ; i shall instance only in some few of chiefest note , which will beare most sway , and in one domestike printed authority . first , i shall begin with scripture presidents ; the best of any . we read , that when god would have moses to make choice of a parliament , or senate to assist him in the government , he gave him this direction concerning the quality of the persons to be elected to that publike senate . num. 11. 16 and the lord said unto moses gather unto me seventy men of the elders of israell , whom thou knowest to be the elders of the people , and officers over them , &c. and they shall beare the burthen of the people with thee , that thou beare it not alone , which he accordingly performed . v. 24. 25. whence they are stiled , the seventie elders of the people , both in respect of their age and dignity . hence the great councell senate , & sanhadrim of the jews resembling our parliament is stiled : the assembly of the elders : ps. 107. 52. the elders of israel l both in the old and new testament : and oft times the ancients of the people , as isay . 3. 4. jer. 19. 1. in respect of their age and gravity ; none being admitted into their senate , parliament , or councell of state , but ancient men . hence we finde isay . 3. 2. 3. 4. 12. 14. the prudent the ancient man , and the covncellor , coupled together , and that in opposition to children and babes , whose ruling over the people is threatned by god , as the s●arest judgment of any . hence is that expression of the prophet , eze. 7. 26. covncell shall perish from t●e ancient ▪ because none but such were councellors in the jewish state : with that of david , psal. 119. 100. i understand more then the ancients ; and that of iob. ●c . 12. 12. with the ancient is wisdome , and in length of dayes , understanding : hereupon solomons and rehoboams councellors of state , with whom he first advised , what answer to returne unto the people when they came to make him king , are expresly termed m old men ; who gave him very savory councell , had he followed it ; which he forsaking and following the councell of his young courtiers , lost both his peoples affections , and his kingdome too , over ten of the tribes , who set up another king . if then you will follow scripture presidents , no infants under age , or children , but elders , ancients of the people , for yeares , wisdome and experience , ought to be members of our supreame councell especially in such a time as this . the 2. president i shall instance in , is the roman senate , who admitted none into their senate , as members of it , but those who were 24. yeares old at least , as the n marginall authors testifie ; their senators being ●tate graves , spectataeque probita is . the 3d president is the o laced●monian senate , which consisted of 32. ancient men , into which none were admitted unlesse they were above sixtie yeares old . the 4th . the p bythinians , who admitted no man into their senate unlesse he were thirty yeares old at least . the 5th . the q athenians ▪ who permitted none , but those who were fiftie yeares old , to consult of that which should be good & profitable to the commonweal● . the 6th . is that of solon , who forbad any young man to be admitted into the senate , seemed he never so wise ; lycurgus before him having composed the senate of the elder sort . in few words , ſ iohn bodin informes us , that the greeks and latines composed their senate of seniors , or aged men , as being the wisermen , and men of greatest experience . and that not only the greeks and latines have given this prerogative unto the aged , to give councell unto the common weale , but also the aegyptians , persians , and hebrewes , who taught other people well and wisely to govern their estates ; for that by presumption the elders are wiser , of better understanding , of more experience , and fitter to give councell then the younger sort . neither do i finde that ever any forraigne kingdome , state admitted infant members into their senate , parliament , councell , they deeming it altogether injurious and absurd . therefore there is no reason why our parliament and great senat should admit of any such infant members among them . i shall conclude with the opinion and resolution of reverend and learned sir edward cook ( the oldest and best experienced parliament man in this age ) who in his 4. institutes printed by authority of parliament : ch. 1. f. 46. 47. under this title ; who be eligable to be a knight , citizen or burgesse of parliament ? resolves thus , one under the age of 21. years is not eligible , neither can any lord of parliament sit there untill he be of the full age of 21. years . a punctual resolution in direct termes . having thus given you a briefe account of the reasons of mine opinion concerning the question propounded , i shall in the next place returne a short answer to some objections ; and so conclude . the 1. objection is this : that the election of knights , citizens , burgesses , and members of parliament belongs to the freeholders , citizens , burgesses and freemen who elect them ; if they therefore shall make choice of any infants as the fittest or ablest persons to serve for them in parliament , their election must stand good , otherwise they shall be deprived of the liberty and priviledge of a free election . to this i answer , 1. that no freeholders , citizens or burgesses , have any absolute power to elect what members they please , but only such as are most fit able discreet , and such as the laws and statutes of the realme approve . they t cannot elect a sheriffe a minister , a man beyond the seas , a iudge or attendant in the lords house , to be knight of any county , because it is contrary to law , expresse statuts and the vvrit it selfe : and if they make choice of any such , the house may adjudge the election void , and put them to a better election of sitting members . they cannot elect these or peere of the realme , an idiot , a non compos , alien , woman , &c. to be a citizen or burgesse of parliament : and if they do so the election is void , because the persons are uncapable . therefore by the selfesame reason they cannot elect an infant . where a person is uncapable by law , the electors cannot make him capable of being a member . 2ly . the house of commons , not the electors , are the sole judges of the fitnes , the capability of the persons elected and if any counties , cities , burroughs be so indiscreet and injurious to the kingdome as to elect unworthy members , contrary to the writ and their duty , the house may justly cast them out againe , notwithstanding the election , which concludes them not . this the presidents of former parliaments in expeling unworthy & unsitting members , together with the practise of this sitting parliament in ejecting all monopolists , projectors at the first , and all malignant members since , who deserted , or betrayed their trust , abundantly manifests . therefore by the selfesame reason , they may and ought to expell infants the house , as unfitting and illegall members , as well as projectors , monopolists and malignants as unworthy ones . 3ly i dare confideutly affirme , that no cittie , or borough did ever freely of their owne accords make choice of any vvard , or infant to serve in parliament for them ; as the ablest or fittest of any other , to do themselves and the kingdome service in parliament ; or as the sufficientest , ablest and discreetest persons , according as the writ directs them , but meerely through the over-earnest solicitation , threats or over-rulling power of the infants friends , to whom they stood engaged for favours , or durst not offend , least they should turne their foes , not out of meere publike respects , which all electors in justice and prudence should only aime at . therefore it is altogether unreasonable , that the election of infants , grounded meerly on such base privat respects as these , should defraud the parliament and whole kingdome of the choice of abler members ; since u every member elected for any particular borough , when once admitted , votes and serves not only for it , but for the whole kingdome too , to whom those who make unworthy elections for private ends or interests do most apparent wrong which the house hath power to right , else we might have our parliament stuffed with infants , malignants , &c. if people be so foolish to elect them in all places , as they have beene insome . the 2d . objection is this . that some infants under the age of 21. have bin permitted to sit as members in former parliaments : therefore by like reason they may be admitted in this upon our new elections . i answer , first , that no infant ought * de jure to sit in any parliament as i have manifested ; therefore not in this . 2ly . none ever sate in former parliaments of right , but only by connivance , when either the house took no notice of them , or their elections were not questioned ; or if questioned , ( as they have sundry times bin ) & not ejected the busines hath bin comprimised without comming to any solemne debate & resolution in the house . 3ly . the connivance of former parliaments in this kinde is no president to over-rule or bind our present parliament , for these ensuing respects . ● . because there are more weighty , difficult affaires concerning our church , state and three whole kingdoms to be consulted upon debated and settled in this parliament then in any , yea all the parliaments of former ages united . 2ly . because there are greater differences , distractions between the king and parliament , and more labouring to make parties in the house to serve ends [ if possible then in any former age . 3ly . because a greater reformation is now expected , promised , endeavoured in church , state , parliaments then in any preceedent times . 4ly . because the acts , and members of this parliament more concerne the kingdome to be free from all just exceptions , and are likely to bee more narrowly scanned , sifted , both for the present and future times , then the members or proceedings of any former parliaments , and the least just flaw against them may in after ages prove dangerous if not fatall to revoke or shake what ever shall be concluded by them now if not timely prevented . 5. because this parliament is more lasting then any other , and happily may prove diuturnal , if not perpetuall . 6. because both houses have made a more exact purgation of unsitting , unworthy members , in this , then in any parliament in former ages , and therefore in justice ought to displace all unable or unsitting members ( as well infants as any others ) to avoid the just censure of partiality . 7. because more exceptions , cavils are & will be made against undue elections , members now , by malignants , royalists , prelates , then to any members , elections in former ages ; therefore the house should bee more carefull what members they now admit , then they were in former times , when there were no such unhappy divisions betweene the king & parliament as now . the 3d. objection is this : that the infants in the house are not many , and they are led by the votes of wiser and more able members ; therefore the danger is not great . i answer , 1. that if no infant be capable of being a member , then none ought to be admitted , be they many or few . 2ly though they be but few for the present , yet there may be more hereafter elected , there being new endeavours to bring in more . 3ly . one or two in judicious infant members votes in matters of momen● , when the house comes to bee devided , may prove very dangerous . 4. every parliament man ought to vote according to his owne judgment not anothers only , and it is very dangerous for any to vote with such and such persons only in the house , and to make their votes the sole ground of their concurrent ay or no ; is the high way to factions . the 4th . and principall objection is this : that it will be both convenient and expedient that young gentlemen under age of honourable families should be members of parliament during their minority , the better to enable them to serve their country therein , when they come to r●per yeares it being the best schoole of experience to educate , to improve young gentlemen and sit them for publike action : vpon which ground the eldest sons of peeres are admitted to sit in the lords house and heare their debates , to enable them the better to serve the kingdome when they come to be peeres ; and former parliaments have connived at infants being elected members , and at their sitting in the commons house . i answer , 1. that this argument is a meere fallacy if examined : for though most members of parliament , as well old as young may learne much knowledge and experience by sitting there , ( as all judges , or other officers do by sitting in courts of iustice , and execu●ing their places ) yet they learne it not as schollers or auditors in a schoole , but as iudges and councelors of state , in the supreamest court and councell of the kingdome ; to discharge which trust , they must have some competent abilities of wisdome and experience requisite for iudges and councellors of state , ( which infants want ) before they can be admitted members into this highest publike schoole , into which none ought to be elected , but such wise men , who know both times , law , and iudgment : esth. 1. 13. especially in such times as these . 2ly . it is an absurdity , if rightly stated ▪ implying , asserting , that infants may be elected to sit and vote as members in parliament for the present , to enable them to be s●t members in it for the future though unsitting for the present ; when as in truth , none should be chosen to such a place of publike t●ust but those alone who are able and * sit to discharge it at the very instant when they are elected , is any father , schoole-master so inconsiderate or absurd , to send his son or scholler to the university , before he be fit for a grammer-schoole , the better to fit and enable him for the vniversity ? will the king , or parliament , think it just or reasonable to make a puny barrester lord chiefe justice of england for the present , the better to enable him to be a judge or chiefe justice for the future in his riper yeares , though unfit , unable at the time of his parent to be a puny iudge ? will any be so sencelesse , as to create a puny schoole-boy chiefe master of any free-schoole during his minority , the better to abilitate him to discharge that office twenty yeares after , when hee comes to perfect age ? why then should any infants be elected parliament men for the present , before they are actually fit or capable , upon this poore surmise , that it will the better instruct them to be able parliament men in future times ? certainly this is and must be like the corrupt practise of the late prelates , who would first admit men to benefices with cure of soules , which they were unable to discharge for the present and then grant them dispensations to be resident in our vniversities for five or six years space together , of purpose to fit them to execute their cures and discharge their ministry some five or six yeares after their institutions and inductions to their benefices . 3ly . i dare averre , that infants by following their studies close in the vniversity and innes of court during their minorities , will arre better improve themselves to serve their country in parliament in after times when they come to yeares of full discretion , then by spending their time idlely in the house , where they commonly sit like cyphers with out speaking or observing ought that is materiall , which takes them oft from their present studies , and bladders them with selfe-conceits of their owne superlative worth , & abilities . 4ly . admit the objection true , yet the prejudice and dishonour the kingdome , whole parliament shall undergoe by the permission of such unable members , is no wayes recompenced , by that little wisdome or experience which two or three infants may possibly gaine by being members for the present , who happily may never live to serve in future parliaments , or prevatica●e in this . 5ly . the argument drawne from peers eldest sonnes admission into the house of peers , as auditors only , not members , is as strong an argument as possible against the objectors , they being permitted ( like the sons of some of the cheife roman senators of old to come into the senate ) not as peers , members , voters , but auditors or spectators only . therefore the selfesame law and reasons which exclude infants from being members of the house of peers should likewise d●barre them from being members in the commons house , into which if any infants should be admitted out of favour it must be only a● auditors ▪ not members , as infant lords and noble men are admitted into the house of lords ; the rather , because they are no knight● or burgesses by birth as noble men are peeres , but only by undue elections , voyd in law . to close up all ; i hartily wish our honourable parliament to prevent all future sinister , undue elections ( of which we heare so many just complain ● of late , to the shame of those who ●ccasion them ) would caus● this 〈◊〉 statut● concerning elections to be duly executed , 〈◊〉 , the statute of 3. ●●● 1. c. 5. which runs the * and because elections ought to be free , the king commandeth upon great forfeiture , that no great man nor other by force of a●mes or menacing , shall disturb any free election to be made , ●ith this ●●st excellent law concerning the election of justices , & other inferior offic●rs , to be strictly observed in point of parliamentary elections , both in reference to the electors , and persons elected , to wit 12. r. 2. c. 2. it is accorded that the chancellor , treasurer , keeper of the privy-seale , steward of the kings house , the kings chamberlaine , clerk of the rolls , the justices of the one bench and of the other , barons of the eschequer , and all other that shall be called to 〈◊〉 , name or make iustices of peace , sheriffs● escheators , customers , controlers , or any other officer or minister of the king ▪ shall firmly sweare , that they shall not ordaine , nam● or make iustice of peace , sheriffe , &c. for any gift , brocage , favour , affection , nor that none which pursueth by him , or by other privily or openly to be in any manner office , s●all be put in the same office or in any other , but that they make all such officers and ministers of the best and most lawfvll men , and svfficient to their estimation and knowledge . these two lawes alone if revived , and applyed to the elections of knights , citizens and burgesses of parliament , with severe censures on the infringer of them , as they would save that vb●q●itary pertu●●er , of solicitor and stickler at most of our late elections [ mr. hugh peter , ] a great deale of unnessary un●itting paines , solicitation , and abuse of the pulpit , to the peoples great disgust , for his owne private luchre & advaucing the designes of his party , so it would certainly prevent al undue elections of infants and unworthy members , ●ll the house with the ablest , lawfullest * most sufficient men , according to the purport of the writ for elections of knights and burgesses , who ought to be freely chosen by the electors [ g ] si●● prece , 〈◊〉 precio , fine pr●●cepto , without s ●●brocage o●overa●ng commands , without solicitation or supplantation , which now to many practise to their infamy . thus i have given you a briefe accompt of min● opinion touching the propounded question , together with the reasons swaying mee thereunto . if your selfe or others reape any satisfaction from it for the publike good , it is the only fee i expect in this common cause , that concerns not your selfe alone , but the whole kingdome , which suffers more mischiefe , dishonour , prejudice by unworthy elections , then any privat competitors justly greived by them . i shall close up all with that of solomon , eccles. 11. 10. childhood and youth are vanity ; i am sure they are so in our parliaments , where they should have no place , if he divine ●right , who desires to approve himselfe , upon this , and all other good occasions . febr. 12 , 1645. your most affection friend and servant w. p. finis . notes, typically marginal, from the original text notes for div a91218e-370 a cookes 4. institutes , p. 15 to 20. * englands birth-right advertisments for the election of burgesses , confuted by master cooke . b littleton sect. 103. 104. 110. 259. and cookes institutes , ibidem . glanu : l. 7. c. 3 ploudens com : f. 267. see brook's abridment , & fitz. tit. cover●●re , enfant , no●hability . c cookes 4. i●stit . p. 10. 4● 7 h. 4. c. 15. 8. h. 6. c. 7. d cromptons iurisdictions of courts , f. 2. 3. cooks instit on lit. f. 110. his 4th . institute , p. ● . e crompton and cook qu● ( d ) dyer . fol. 60. a●el est intend des ●outs homes queils sont les plus sages et discreet persons deins le realme . f littleton sect. 103. 104. 110. 269. g cooks institut . on littletons . 3. 1 cor. 13. 11. h littleton sect. 259. fitz. abridg. tit. enfant . & brook . tit. coverture . i 21. e. 3. 24. 22. h. 6. 31. ● . 2. r. 3. 1. ● . 20. & 18. ●d . 4. 13. fitz. n. br. f. 21. d. cook 2. rep. 57. 18. e. 3. 29 audita querela 26. 27. 35. k littleton sect. 406. 4●6 . brook dum fuit infra aetatem . l 1. h. 5. 6. fitz. ●●●ant . 3 21. e. 4. 18. m cooke 4. instit. ● . 1. n se 13. e. 3 enfant . 9. 1 e. 2. account 121. 21. e. 3. 8 10. h. 4. 14. 2. h. 4. 13. 26 e. 3. 63. b. 27. e. 3. 77. a. 29. e. 3. 5. a. o cookes instit. on littl. f. ●55 . see kitching 41 ▪ p in h. 5. 6. fitz : enf. 3. 21 ● . 418. br. coverture . 55. q see the soveraigne power of parliaments , part 1 p. 34 39 , 46. sir thomas smith his common wealth of england , l. 2. cap. 1. 2. cooks 4. institut . ● . 1. r see the soveraigne power of parliaments , part 1. p. 50 , 51. part 2. p. 56. 57 , 65 , 67 , 71 ſ rom : hist. l. 24. sect. 4. p. 517. t cookes 4. institut cap. 1. u cookes 4. institut cap. 1. x beda eccl. hist l. 3. c. 5. 12 13 , 14. hen : hunting . hist. l. 3. 5. matth. west . an. 905. wil. malmes : de gest: pont. angl. l. 2. c. 13. houed : p. 427 flor : wigo●niensis . an. 977. antiqu. eccl : bri● . p. 19 20. 59. 60. lam. archaion seldens titles of hon. p. 63● cooks 4. insti. p. 2. spelman concil : p. 182. 183. 219. 293. 300. 301. 334. 335. 375. 387. 390. 408. 419. 424. 494. 510 513. 534. 559. 552. 566. x 19. h. 6. 13. issue 67. 13. eliz. c. 12. ( y ) see truth triumphing over falshood , &c. z bodins common-weale ▪ l. 3. c. 1. cookes 4. institutes , cap. 1. a see cooks 4. instit. c. 1. beam , l. 3 c. 1. sir th. smiths common-wealth of england , l. 2. cap. 1. 2. vowels order and vsage how to keep a parliament . cambd●ns brit. pag. 173. the soveraign power of parliaments and kingdoms b 9. h. 3. c. 20. h. 3. c. 6. 7 52. h. 3. c. 17 3. e. 1. c. 21. 13 e. 1. c. 34. 15. 16. 14. e. 3. c. 13. 18. e. 1. of fines . 1. r. 3. c. 7. 4. h. 7. 124. 21. ian. c , 16. see ashes tables enfant 33. 32. h. 8. e. 2. c 2. chron. 10 note . d common-weale l. 3. p. ●55 . e se●at●● t●tius or●●●lum civitati● de oratore , lib. 2. f nef●s est adversus auctritatum senatus tendere rom. hist. l. 5. g matthew paris , anno 226. p. 324. 325. ●●niells hist. p. 151. 152 h see 15. e. 3. stat. 2. 11. & 21. r. 2. cap. 12. 1. h : c. 2. 3. 4. 31. h. 6. cap. 1. 17. e. 4. cap. 7. i 3. e. 3. 19 cookes 4. institutes , p. 15. ●● 20. 38 , 39. fitz : c●●●n● : 16● , k c. 8. rep : 66 , c. 3. e. 3. fitz : enfant 14. 14. ass 17 43. ass : 45. 17 e. 3. 75. fitz : dammages , 127. imprisonment 8. ●0 , 16 , 17. l deutr. 27. 1 c. 29. 10. c. 31. 9 28. judg. 21. 16. 2 sam. 3. 17. c. 5. 3. c. 17 4. 1 kings . 8. 1. 3. c. 20. 7. 8. c. 21. 11. 2 kings 23. 1. 1 chron. c. 11. 3. c. 15. 25. ●● 21. 16. 2 cron. 34. 29. ezec. 20. 1. 3. iob. 2. 16. mar. 15. 1. math. 16. 11. m 2 chron. 10. 6. & 13. 1 kings 12. n alexander ab alexandrol . 4. c. 10 martinus phileticus in cic. l. 1. ep. fam . 1. o alexander ab alexand. 14 . c. 11 p alexander ab alex. ibid. goodwins roman antiquities l. 3. c. 3 : q bodins comon-weal●● l. 3. c. 1. p. 256. ſ common-weale l. 3. c. 1. p. 255. 256 [ r ] bodin ibid. note . object . 〈◊〉 . t 1. 〈◊〉 , 5 , c. 1. ● . h. 6. c. 7 cookes 4. in●●it . p. 47 u cookes 4. instit. p. 14. object . 2. answer * see cooke 9. rep. f. 49. object . 3. answer . object . 4. answer . * see cookes 8. rep s . 41. b. 42. * alexander abalexand . l. 3. c. 10. * see cooks 2 instit. p. 168 169. note . [ * ] see cooke 8. report . f. 41 42. & 9. rep. 4● . * cookes 4. instit. p. 10. & 2. instit. p. 169 a declaration of the taking away of sir william waller, sir john clotworth, major generall massie, and collonel copley, members of the house of commons, from the kings head in the strand, to st. iameses together with their protestation read at their removall. with a copy of the lord generals order for the same. this text is an enriched version of the tcp digital transcription a82236 of text r211094 in the english short title catalog (thomason 669.f.13[55]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a82236 wing d770 thomason 669.f.13[55] estc r211094 99869832 99869832 162951 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a82236) transcribed from: (early english books online ; image set 162951) images scanned from microfilm: (thomason tracts ; 246:669f13[55]) a declaration of the taking away of sir william waller, sir john clotworth, major generall massie, and collonel copley, members of the house of commons, from the kings head in the strand, to st. iameses together with their protestation read at their removall. with a copy of the lord generals order for the same. fairfax, thomas fairfax, baron, 1612-1671. massey, edward, sir, 1619?-1674? waller, william, sir, 1597?-1668. massereene, john clotworthy, viscount, d. 1665. copley, lionel. 1 sheet ([1] p.) s.n.], [london : printed in the yeare 1648. place of publication from wing. text of the declaration begins: vvee whose names are hereunto subscribed, being members of the house of commons, and free men of england. declaration dated and signed at end: 12. of december 1648. at the kings head in the strand. edw: massie, william waller, john clotworthy, lionell copley. text of the lord general's order begins: you are upon sight hereof to remove sir william waller, sir iohn clotworthy, major generall massie, and mr. lyonell copley, members of the house of commons. reproduction of the original in the british library. eng massey, edward, -sir, 1619?-1674? -early works to 1800. waller, william, -sir, 1597?-1668 -early works to 1800. massereene, john clotworthy, -viscount, d. 1665 -early works to 1800. copley, lionel -early works to 1800. england and wales. -parliament. -house of commons -early works to 1800. great britain -militia -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a82236 r211094 (thomason 669.f.13[55]). civilwar no a declaration of the taking away of sir william waller, sir john clotworth, major generall massie, and collonel copley, members of the house fairfax, thomas fairfax, baron 1648 638 6 0 0 0 0 0 94 d the rate of 94 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 mona logarbo sampled and proofread 2007-11 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a declaration of the taking away of sir william waller , sir john clotworthy , major generall massie , and collonel copley , members of the house of commons , from the kings head in the strand , to st. iameses : together with their protestation read at their removall . with a copy of the lord generals order for the same . tuesday 12. decemb. 1648. marshall lawrence came and acquainted sir william waller , sir iohn clotworthy , major generall massie , and mr. lyonell copley , members of the house of commons . that hee had orders from the lord generall and the councell of the army , to remove them from the other prisoners to st. iameses ; they replyed to him , that they desired to see his orders ; the marshall answered , they w●re onely verball ; but the gentlemen insisting to see a warrant for their remove , the marshall went to the generall , and from him about six a clock brought an order , a true copy of which followes : ( viz. ) you are upon sight hereof , to remove sir william waller , sir iohn clotworthy , major generall massie , and collonell copley , from the kings-head inn ( where they are now in custody ) to st. iameses ; and for so doing , this shall be your warrant : given under my hand , the 12. of december 1648. t : fairfax . to marshall generall lawrence . this order being shewed unto the aforesaid gentlemen ▪ sir william waller produced a paper , desiting that the same might bee presented to the generall , which marshall lawrence refused to receive , upon which the said sir william waller and the other three gentlemen , desired the said marshall and all the gentlemen there present , to attend and witnesse to that protestation which they did there make in behalfe of themselves and all the commons and free borne subjects of england ; so with a distinct and audible voyce read their protestation , as followeth ; vvee whose names are hereunto subscribed , being members of t●e house of commons , and free men of england , doe hereby declare and protest before god , angels , and men , that the generall and officers of the army , being raised by the authori●y of parliament , and for defence and maintenance of the priviledges thereof ; have not , or ought to have any power or jurisdiction to apprehend , secure , deteine ▪ imprison , or remove our persons from place to place by any collour or authority whatsoever ; nor yet to quest●on or try us , or any of us by martiall law , or otherwise , for any offence or crime whatsoever , which can or shall be objected against us ; and that the present imprisonment and removall of our persons is a high violation of the rights and priviledges of parliament , and of the fundamentall lawes of the land , and a higher usurpation and exercise of an arbitrary and unlawfull power , then hath beene heretofore pretended to , or attempted by this , or any king or other power whatsoever within this realme ; notwithstanding which , wee and every of us doe declare our readinesse to submit our selves to the legall tryall of a free parliament , for any crime or misdemeanour that can or shall bee objected against us : in witnesse whereof , wee have hereto subscribed our names , the 12. of december 1648. at the kings head in the strand . william waller . edw : massie . john clotworthy . lionell copley . printed in the yeare 1648. the case of the impeached lords, commons, and citizens; truely stated prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a56146 of text r203222 in the english short title catalog (wing p3919 p3920). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 50 kb of xml-encoded text transcribed from 13 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a56146 wing p3919 wing p3920 estc r203222 99834932 99834932 39583 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56146) transcribed from: (early english books online ; image set 39583) images scanned from microfilm: (early english books, 1641-1700 ; 1938:5) the case of the impeached lords, commons, and citizens; truely stated prynne, william, 1600-1669. 22 p. s.n.], [london : printed in the year. 1648. by william prynne. place of publication from wing. annotation on thomason copy: "jan: 22th."; the 8 in imprint date crossed out and date altered to 1647. also identified as wing p3920 on umi microfilm "early english books, 1641-1700" reel 1938. copy from the british library (not in thomason tracts), cropped at foot, losing imprint. reproductions of the originals in the british library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a56146 r203222 (wing p3919 p3920). civilwar no the case of the impeached lords, commons, and citizens; truely stated. prynne, william 1648 8667 42 0 0 0 0 0 48 d the rate of 48 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2002-03 tcp assigned for keying and markup 2002-04 aptara keyed and coded from proquest page images 2002-05 tcp staff (michigan) sampled and proofread 2002-05 sara gothard text and markup reviewed and edited 2002-06 pfs batch review (qc) and xml conversion the case of the impeached lords , commons , and citizens ; truely stated . psal. 75. 5 , 6. commit thy way unto the lord , trust also in him and he shall bring it to passe . and he shall bring forth thy righteousnesse as the light , and thy judgement as the noon day . acts 16. 35 , 36 , 37 , 38 , 39. and when it was day , the magistrates sent the sergeants , saying , let those men go . and the keeper of the prison told this saying unto paul , the magistrates have sent to let you go : now therefore depart and go in peace . but paul said unto them , they have beaten us openly uncondemned , being romans , and have cast us into prison , and now do they thrust us out privily ? nay verily , but let them come themselves and fetch us out . and the sergeants told these words unto the magistrates : and they feared when they heard that they were romans . and they came and besought them , and brought them out , and desired them to depart out of the city . the case of the impeached lords , commons and citizens truly stated . the lords and commons in parliament , in the moneths of march and april , and may last , taking into their serious consideration , the * absolute necessity of disbanding the greatest part of the army , after the total reducement of the kingdom , for the present ease of the people from taxes and free-quarter , and the speedier relief of ireland , then in danger to be irrecoverably lost ; did thereupon pass some votes and declarations for disbanding the foot , and some regiments of horse of the army , and sending them into ireland , under the commands of two major generals , skippon and massey , and imployed commissioners from both houses to the army , for that purpose , where they * eng●ged many officers and souldiers for that expedition . but by the under-hand practises of leiutenant general cromwel , and his confederate officers and agitators , the relief of ireland was not only obstructed , but wholly frustrated ; and the major part of the army animated , to enter into a solemn engagement , not to disband upon any terms , till they had obtained satisfaction from both houses , to certain high proposals and demands ; which the houses for quietness sake , and irelands better accomodation ( though with some disparagement to their honor and power ) condescended unto . but the concession of all their first demands , was so far from satisfying those restlesse spirits ( who had other designs to carry on ; since visible to all men ) that they encouraged them to greater insolencies , and higher demands then ever , comprised in their * letters , proposals , remonstranses and manifestoes in iune and iuly following , of purpose to pick new quarrels with the houses and city too , and to keep themselves in an intire body , to carry on their dangeraus plots against all opposition . in pursuance , whereof they first with a party of horse commanded by cornet ioyce , forcibly and traiterously * seized on the kings own royal person at holdenby , upon false pretences , and removed him thence into the armies quarters , contrary to his own , and the commissioners of both houses protestations ; refused to resign him up , or dispose of his person according to the houses votes ; removed the guards , appointed by both houses from him , put new guards of their own upon him ; who excluded the scots commissioners from any access to his presence against the law of nations and votes of both houses ; and yet then granted free access for all malignants to him , and admitted malignant chaplains to attend him with the book of common prayer , and all episcopal ceremonies , which they so much decried heretofore as anti-christian . neither rest they here , but refusing to disband even after all their arrears were promised to be payd or secured by the houses ; they mutinously and rebelliously ( against the express votes and commands of both houses , and desires of the city ) march up in a warlike manner towards london , threatning to force the houses and plunder the city if they had adhered to them , in case they granted not their unreasonable desires by the short time prefixed to them , approaching within few miles of the city with their whole body , seizing the block-houses on the river by violence , quartering their forces round about it , and sending their warrants for provisions to constables , within the very lines of communication . whereupon the houses to provide for their own safety and the cities , if the army should invade them by open force ; both houses on the 11. of iune by ordinance , appointed a committee of lords and commons , to joyn with the militia of london , to consult , advise and put in execution all wayes and means , which in their judgments might be necessary for the safety and defence of the kingdom , parliament and city , and to rayse horse and foot for that purpose &c , of which committee some of the afterwa●●● impeached commons , and now imprisoned and impeached lords were members ; which committee after some few meetings ( in hope of a final pacification ) was discontinued ; and the houses by the armies dayly approaches , enforced to repeal sundry of their just votes , remanstrances and ordinances to quiet their distempers . after which condescention , the army did not only publikely censure them for it in p●int , but likewise declare their dis-satisfaction by all the houses had done or promised , unless the commons would presently purge their house from all members disaffected to these their mutionous practises , and suspend no less then eleven of their emmentest presbyterian members at once from sitting in the house , before any particular proofs or impeachments against them , upon a meer general and illegal charge sent from st albons ( then the head quarters ) iune 14. upon which , though the house after full debate resolved iune 25. that by the laws of the land , no iudgment could be given for their suspention upon that general charge , before particulars produced and proofs made ; yet the army threatned to march up to westminster , in case they were not removed from sitting or voting in the house ; whereupon the members voluntarily withdrew themselves , and afterwards put in their answers to the false and scandalous particular articles the army afterwards sent up against them , of purpose to wound their reputations , without any intention to bring them to their legal tryals , being never able to prove the least title of those articles , of which the whole house and kingdom know them to be guiltless . upon this their voluntary withdrawing , though the army and their instruments took occasion to traduce them as guilty , yet they began to draw their quarters , and disperse themselves further off from london ; but with a resolution to take the first occasion of returning thither before they were sent for , the gaining of the city and tower of london into their custody , and placing of their own guards upon both houses , and mould them to their own pleasures , being the main design of their first approaches towards it . and no occasion of returning , being given by the houses or city , who complyed with them in all their unreasonable desires , they thereupon projected to make one unreasonable demand more , which might in all probability occasion it , and they divide the city and both houses one from another ; and that was to desire the houses to repeal the ordinance for the new militia of london , ( which no ways concerned the army in point of interest or right ) and to restore the old without any exceptions to their persons , or any cause alleadged , or once acquanting the city therewith , to whom both houses and the army too were most deeply engaged . hereupon sir * thomas fairfax sends a letter to the speaker of the house of commons , intimating the officers and armies desires , that the new militia of london might be altered , and the old revived , without ever acquainting the city or their commissioners in the army therewith : upon which letter alone ( the house being very thin , and most members driven away by the menaces ) on iuly 22 , in the afternoon the ordinance for the new militia , made by unanimous consent of both houses , when full and free , may 4. to continue for a full year , was suddenly voted in the house of commons , by some few casting voyces to be repealed , before 3 moneths expired ; and a new ordinance for reviving the old militia , drawn up , passed , transmitted to the lords house about 7 a clock at night , when the house was empty , and then presently passed without out any debate , ( though moved to be put off by some , till the city to whom they were so much obliged , and whose s●fety and priviledges it so highly concerned ) were acquainted therewith , and heard what they could obj●ct against it , who never had the least intimation of it till it was past . the pretence for this hasty passing , was , to prevent the the armies-speedy march to westminster , if the houses refused to pass it ; and the cities opposition against it , if not passed before their notice of it ; but the real design was to discontent the city , and enforce them to some act or other , as might give the army occasion to march rather against them , then against the houses , and engage them and their party in the houses against the city and their friends . this ordinance of repeal being made known to the city , the next day , being saturday , iune 24. they were much discontented at it ; and meeting at a common councel , voted unanimonsly against it , as a great injury and astront unto them ; both , because the houses and army never acquainted them therewith , but did it on a sudden in a thin house without their privity , or any reason alleaged , or just exceptions to the new militia in the ordinance for such an alteration , which so highly concerned their safety and priviledges ; and because the repeal of this ordinance , upon no other grounds but the armies desire , might justly shake all other ordinances for securing the vast sums they had lent and advanced upon the excise and sale of bishops lands , and for their indempnity , and make them repealable at the armies pleasure , as wel as this , to their utter undoing . whereupon they resolved to petition the houses on monday morning for the repeal of this hastty injurious ordinance of iuly 23. for selling the new militia , and drew up a petition then for that purpose ; which the sheri●s and common-counsel presented to the houses on monday the 26. of iuly : after which about a thousand apprentices , and young men of the city , without any armes at all , came with another petition of their own to both houses , wherein they remonstrated , that they were heirs apparant to the city , whose rights and priviledges they were sworn to defend , and the houses had of times promised to maintain ; that the ordering of the cities militia was the cities birth-right , belonging to them by charters confirmed in parliaments , for defence where of they had adven●ured their lives and fortunes as far forth as the army ; and therefore desired it might be returned into those hands , in which it was put by the whole cities consent , by the ordinance of the 4. of may ; upon reading these petitions in the lords house , they were pleased to revoke the ordinance of iuly 23. and resume that of may 4. by a new ordinance of iuly 26. which they sent down to the commons , where some apprentices were over-earnest and urgent to get the ordinance passed , refusing to suffer some members to go out of the house , till they had passed the new ordinance sent from the lords , or to come out of the house into the l●bby , when they were divided upon the vote , about it , which at last they passed about 3 of the clock ; whereupon most of the apprentices departed quietly into the city , without any further disturbance . after which some disorderly persons , most of them malignants , & disbanded souldiers , not apprentices ( by the instigation of some masignant , sectaries and friends of the army ) gathered about the commons door , and grew very outragious , enforcing the speaker to take the chair after the house had adjourned , not suffering him or the members to depart the house , till they had voted : that the king should come to london to treat with the houses about a peace . with which violence the common-councel of london being acquainted as they were sitting in the guild hall , they presently sent the sheriffs with such assistance as was ready at hand ( the militia then being in an unsetled condition by the houses own act , and contradicting ordinances ) to suppress the tumult , and rescue the members ; who thereupon hasting to westminster , did their best endeavours to effect it ; and at last pacified the unruly rout , and conducted the speaker in safety to his coach and lodging about nine of the clock at night , which was as much as could be expected from the city , in this interval of their militia's unsettlement . the lords adjourned their house till fryday morning ; the commons only till the next morning being tuesday ; against which time the new established militia provided a strong guard for the house it self : whether the speaker and members repaired about 10 of the clock safely without any interruption , and there sate securely , till they agreed to adjourn the house till friday morning following , upon this ground ; that the lords had adjourned their house till that time , and had made a peremptory order for all their members then to attend the house , notwithstanding any former leave granted to be absent . the next day being the monthly fast the speakers and members met at margarets church in westminster , and there kept the solemn fast without disturbance : where mr speaker in the church complained publikely to sr ralph ashton , and other members setting near him , to this effect ; that there was a great scandal raised on him in the city , which did much trouble him , as that he had left the house , and was run away privatly to the army , or intended to do it : tha● he had no such thought , and sco●ned to do such a base , unjust and dishonorable action ; and would rather die in the house and chair , then desert them for fear of any tumults . which being spoken in the church and presence of god on the solemne fast day , when he would not dissemble , makes most men conclude , his secret departure to the army the very next day , proceeded not from his own judgment or inclination , but from some strong invitations or menaces sent from the army by those who contrived this desperate plot to divide the city & houses , and bring up the army to inthrall them both . on thursday morning early the new renewed militia of london , to prevent all future disturbances to the houses , made publike proclamation throughout the city & suburbs , & set up printed tickets at westminster & other usuall places within the line , that if any person or persons should offer to disturb either of the houses or their members , the guards should apprehend them , and in case of resistance kil or shoot them . yet not withstanding the speaker in the evening stole away through hide parke in his coach to the army , and went to windsore to the head-quarters , accompanied with sir ar. hasterig & other members , who met him by the way . on friday morning about 140. members or more met at the commons house , expecting the speakers coming , whither the serjeant coming without his mace , being demanded where the speaker was , answered , he knew not very well , and that he did not see him that morning , and was told he went a little way out of town last night , but he thought he would return , & expected to meet him at the house . after which being somwhat strictly interrogated by some members about the speaker , he suddenly withdrew himself , and could not be found , till the house had chosen a new speaker & serjeant , and procured a mace ; and then he returned with the mace carried after him under his mans cloke , which he said he had been seeking out all the time of his absence . the house , after two houres attendance , sent 4 of their members to the speakers house , to inquire what was become of him ; who returning reported from his servants , that he was gone forth of town the evening before , & was not likely to return that day , and that they conceived he was gone to the army : whereupon they resolved to chuse a new speaker after some debate , and called mr. henry pelham to the chaire ; after which they chose a new serjeant in the absence of the old . in the meane time the lords assembling in their house upon speciall order and summons , received a letter of excuse from the earle of manchester for his absence , by reason of some indisposition befallen ; whereupon they chose the lord willoughby of parham their speaker in his roome , having frequently changed their speaker this parliament , as they saw occasion : and about three of the clock that day , the commons presented their new speaker to the lords sitting in their robes after the accustomed manner , who approved to their choice , to prevent a discontinuance and faler of the parliament for want of speakers to adjourne and continue it , and prevent all scruples which might arise thereupon . this done they proceeded to vote and act as a parliament , which they might lawfully doe . first they voted in the eleven wrongfully impeached members , and others unjustly questioned by cromwells and his confederates practise in the armies name , to take away their votes , to attend the seruice of the house , which they accordingly did : next they revive and set up the committee for the safety by an ordinance of both houses ; authorizing them to joyne with the committee of the restored city militia ; and by severall votes & ordinances gave power to these committees for the listing and raising of forces , appointing chiefe commanders and officers issuing out arms and ammunition for the safety and defence of both houses and the city , against all such who should forcibly invade them : which votes & ordinances for their self-defence ( warranted by the very law of nature , as the armies declarations assent ) were not passed nor put in execution , till the army under sir tho. fairfax ( recruited extraordinarily every day without & against the houses orders ) were on their march towards london , & most contemptuously disobeyed the votes and letter of both houses , inhibiting them to come within 30. miles of the city : which letter sir thomas out of his great humility refused to much as to answer , or take notice of : whereupon the army drawing near the houses and city in a warlike manner , with a resolution to force & assault them by violence ; thereupon the committee of safety and the militia of london by ordinance and speciall command of both houses , raised new forces of horse & foot , mounted some of their cannons , manned some of their works , and made preparations only for their own defence , as they might lawfully do , and had done formerly , by vertue of that supreme power of both houses , which first raised , and after voted down this perfidious army , who now refused to obey their masters commands , and marched up against them with much rage and fury as enemies . to countenance this their trechery and rebellion the more , they draw the speakers & fugitive members of both houses to sit in counsell with them in the army in nature of a parliament , and to signe an ingagement , to live and die with sir t. fairfax and the army in this quarrell . whereby they were so animated , that sir th. fairfax raised the traine-bands of hertfordshire and other counties , to joyn with the army , and march up against the houses and city ; who were so desirous of peace , that they sent commissioners & agents sundry times one after another to mediate an accord , and keep off the army from approaching neare the city ; who were exceedingly sleighted , & could obtain no termes of peace or agreement from them , unlesse they would unworthily yeeld to desert both houses & the impeached members , contrary to their ingagement , covenant and duty , renounce and call in their own declaration then newly published ; relinquish their militia , and deliver up all the forts and line on the westside of the city next to westminster into the armies hands , together with the tower of london and magazines in it , disband all their forces , put all the reformados out of the line , withdraw all their guards from the houses , and receive a guard of such horse & foot within the line as the army should appoint toward the houses , demolish their works , and suffer the whole army to march in triumph through the city , as absolute conquerours of it and both houses too . to all which dishonourable and base conditions ( worse then any the king or cavaliers would or could have put upon them , in the condition and posture of defence they then were ) the aldermen and common councell , to their eternall dishonour and infamy , suddenly and unexpectedly condescended . whereupon a party of the army entred the line , seized the forts agreed upon , and on the 6. of august the generall brought the fugitive speakers & members to the house with a strong party , ( who might have returned at their pleasure before without any guard , had they pleased ) placed the speakers in their chaires out of which they were justly voted , without any order of the houses , the lords house being then adjourned during pleasure ; where the generall was set in a chaire of state , and received speciall thanks for this service from the speakers in both houses names , who made him generalissimo of all the forces and forts of the kingdome to dispose of them at his pleasure , made him constable of the tower , voted the common souldiers one moneths gratuity for this service , besides their pay ; left all their guards to his disposing , and to mock god , as well as men ; voted a publike day of thankesgiving to be kept both in the city and throughout the kingdome , for their restoring the parliament to its honour and freedome , in this forcible and dishonourable manner , not to be patterned in any age . after which the generall and his whole army marched through the city in greater triumph and state , then ever william the conquerour , or any of his successors did ; takes possession of the tower , turnes out the honest lievtenant there , who royally entertained him , without any cause assigned ; displaceth most governours in other forts and garrisons , though setled by ordinance and speciall votes of both houses ; alters the militia of the city , sets up a new militia in westminster and southwark divided from that of london , contrary to severall ordinances , and the articles of the treaty ; causeth the line and works about the city to be demolished , drives away most of the members by menacing declarations , procures an ordinance by meere force and violence to passe the houses , declaring all the votes , orders , and ordinances of one or both houses from the 26. of iuly to the 6. of august , to be null and void , which the commons had foure or five times laid aside and refused to passe upon the question ; and then by confederacy with the fugitive members , procured the lord mayor and divers aldermen and citizens of london , who had shewed themselves most faithfull and active for the parliament all these wars , and done more service for them then any in the army , to be impeached of high treason , and shut up prisoners in the tower ; procures the recorder , sir iohn maynard , and commissary copley , without any legall hearing or examination to be suddenly thrust out of the house , and some other members to be suspended , and all those questioned who fate or voted in the speakers absence , and no lesse then seven lords ( viz. theo●hylus earle of lincolne , iames earle of suffolke , iames earle of middlesex , george lord berkly , francis lord willoughby , iohn lord hunsdon , and william lord maynard , who had ever adhered to the parliament ) to be impeached of high treason , sequestred the house , and committed to the black rod , who sate and voted in the house in the speakers absence ( by colour of a speciall order made before their departure , that every member of the lords house should there attend ) upon pretext , that they had levyed warre against the king , parliament and kingdome . when as they acted nothing but in the house , or at the committee of safety and the militia by expresse order and authority of both houses , for the parliaments and cities just defence against a mutinous and rebellious army then marching up hostilely against them , contrary to both houses votes and orders without any authority but their owne . this is the true state of the case of the impeached lords , commons and citizens , who have been eagerly prosecuted by the army and their confederates in the house , when those malignant lords who levied actuall warre against king , parliament and kingdome , exempted from all pardon heretofore by votes and ordinances of both houses , as traitors and publike enemies to the kingdome , are suffered to go unprosecuted , yea pleaded for in the houses , and permitted to walk freely about the city , and repaire to the king in the armies quarters , while these faithfull lords , members and citizens are shut up prisoners , and prosecuted day by day , without any proof or guilt to make good the charge . the sole question then will be , who are the reall traytors , and actuall endeavourers or raisers of a new warre against the king , parliament and kingdome , in this case , whether the impeached lords , members , and citizens , or the army and their confederates , and fugitive members , who excited them to march up thus to london against both houses and the city , without any authority from the king , parliament , kingdome , and contrary to both houses expresse orders , letters and commands ? certainely , if indifferent disinterested members and persons may be iudges , or umpires in this case , or the consciences of the accusers themselves may be judges , those lords , members , and citizens listing and raising forces onely for their owne just and necessary defence by expresse ordinances , votes and orders of both houses of parliament , was so farre from being high treason , or levying of a new warre in them , that it was a just , necessary and lawfull in them , both by the law of nature , scripture , the statutes of the realme , the practice and resolutions of both houses , and of the army it selfe in their defensive warres against the king and his assailing forces , and a duty to which their covenant and publike trust ingaged them unto , under the paine of perjury and treachery both to the king ( taken violently by a commanded party out of both houses custody , and detained prisoner from them in the army against their votes and commands ) and to the kingdome , parliament , and city , to whose preservation and defence they had so many obligations against a mutinous and rebellious army , marching up thus hostilely against them without any just ground or authority at all , but the executing of their owne treasonable plots and designes both upon the king , kingdome , parliament and city , as their subsequent proceedings manifest . and every thiefe may as justly accuse each honest man of treaand levying a new warre , if he both but provide and weare a sword or pistoll to resist him when he comes to take his purse , or breake open his house , as the army and their confederates may those lords , members and citizens of treason and levying a new warre , by this provision of forces and armes to defend themselves in case the army should violently affault the houses or the city in a rebellious and hostile manner , without shedding one drop of blood , or marching out of their lines to fight with them , though they gave them just occasion ; and therefore sir thomas fairfax and the army in their remonstrance of august , 18. 1647. p. 19. 20. confesse ingenuously , that if those pretended votes , orders and ordinances whereby war was levyed against those members of both houses who fled to the army , were then good ( when as they were made ) and valid , though they should now be repealed , yet we with the speakers and those members aforesaid in opposing of them while they were of force , must needs remaine transgressors still , and yet god and wee are thanked for it . to avoid which dangerous worke , they forced the houses ( by a more horried force then that of the apprentices , and this menacing treasonable remonstrance , to passe an ordinance , 20 august , 1647 , for declaring all votes , orders and ordinances passed in one or both houses , since the force on both houses , july 26 , untill the sixt of this present august to be null and void . of purpose to excuse themselves from this very guilt of high treason , in leying warre against the king , kingdome and parliament , which they would most injuriously fasten upon others who are innocent to evade their owne guiltinesse . but neither god nor man will be long thus mocked or deluded by them : and this present age and all future generations , will conclude at last in despite of all opposite powers and evasions ; that the generalls and armies refusing to disband upon the votes and ordinances of both houses ; seizing the king , and rescuing him from the commissioners of both houses with an armed party , marching up forcibly to london against the houses expresse commands , surprizing the block-houses at gravesend by force , with the slaughter of some of the garison there settled by the houses ; falling violently upon sir robert pyes men in their quarters , and wounding some of them neer greenwich where they were billetted by the houses order , without any provocation , impeaching and seizing on some members of the houses , and carrying them prisoners to the head-quarters , against their wills ; enforcing the houses to null and repeal their owne just votes and ordinances , recruiting the army with many thousands of new souldiers , raising the train-bands of the countries , marching up to london in a body , seizing the forts in southwarke and westminster , coming in arms to the very houses with the fugitive speakers and members , putting a guard of horse and foot of the army upon both houses , threatning by force to keep divers members out of the house , and pull them out by head and shoulders if they presumed to intrude into them , forcing away most of the members from the houses ; marching through the city in triumph throwing , downe their lines and works , seizing upon the tower of london , and the isle of wight , beleagring the city and both houses of parliament of purpose to enforce them at their pleasure sending strange and treasonable remonstrances and papers to the houses to passe contrary to their votes and judgements , and utterly ruining the countrey with taxes , free-quartering upon them against the peoples wills , and listing twice the number allowed by the establishment , when there is no apparent enemy in the kingdome , nor order of the house for such strange recruits , their violent impeaching of these innocent lords , members , and citizens , and saying publikely in the army and houses , that the longest sword must carry it , and the army will have this or that , whether the houses will or not ; and that we are all but their conquered slaves , and vassalls , and all we have is theirs , having wonne it by the sword : and the speakers and engaged members confederacy , and engagement to live and die with the army in these their treasonable proceedings , is no lesse then high treason in good earnest in them all , and an actuall levying of warre against king , kingdome , parliament , and city ; for which god and men will one day bring them to exemplary punishment , if they unfainedly repent not of it , and give some honourable publike reparation to those innocent faithfull lords , members , and citizens , they have most falsly and injuriously impeached , and imprisoned for those very treasons and practises of which themselves are only culpable . this being the true state of the impeached and imprisoned persons case , we may justly stand amazed at the strange insolency and impudency of the councel of the army , in their late humble ( alias most arrogant ) representation , presented by some of them to the houses of parliament , decemb. 7. 1647. who though in most of their former remonstrances , they had pleaded this , to be the hereditary freedome of all subjects ( since voted by both houses ) freely to petition the parliament without restraint ; as some of their fraternity have frequently done of late in a most seditious manner ; yet they fall pel-mel upon the common councell of london only for petitioning the houses for relief of their imprisoned fellow citizens ; and on the commons house and members too , in this most saucy language : pag. 21. 23. and now also we must earnestly desire that the proceedings against those citizens , and others lately impeacht , may be hastned , and out of their fines and confiscations , some part of reparation may be made to the countries adjacent for the aforesaid damages , which the crimes of those persons and others in the city did 1 first bring upon them ; and indeed , without something done against those persons for example to others , we do not see ( when it shall withdraw ) with what safety or freedome the parliament can sit longer at westminster , especially when we find the common councell ( through the parliaments and 2 armies lenity ) to take the boldness already ( in the face of both ) to intercede for the relief and acquittall ( or rather justification ) of those impeached persons , ( who indeed are but fellow-delinquents ( we doubt ) to most of that councell ) as if that so actuall , immediate , and 3 horrid a force upon both and the whole houses of parliament , and the levying of war in abetment and prosecution thereof , and of that concurrent 4 treasonable engagement , were already forgotten by them to have been any crime ; the consideration whereof , and of the renewed confidence of master gewen , and some other members of parliament ( known to have been partakers , if not principalls in the same things ) who yet 5 presume , and are suffered to appear again in the house ( as in those things there had not been so much fault , as to render them lesse worthy of continuing in that highest trust ) makes us begin to fear , that , while so much of the same leven ( through lenity and moderation ) is left behind , is may shortly spread , till even the 6 worst of the eleven members ( notwithstanding their double crimes ) be again called for in , unlesse the house ( by some exclusive resolutions and proceedings ) do timely prevent the same ; we hope therefore the parliament will weigh these things , and speedily ( ere it be too late ) consult ( at least ) their own safety and the kingdomes : if not ours and the armies , their poor servants , and something concerned with 7 them ( especially ) in that affaire . by this printed passage , the whole world may plainly discover the unparalled insolency , malice , injustice of the saints and councel of the army , ( who * exceed the very deeds of the wicked ) against the wrongfully impeached citizens and members , whose principall prosecutors and accusers they are ; this representation being sent of purpose to promote the lords impeachment in the commons house just when it was there debating , though since laid aside for want of proofs , and matter , to make up a charge against them ; and yet they , with the impeached aldermen and citizens must be still prosecuted , imprisoned , and not released , nor the falsly impeached and suspended lords and commons re-admitted into the houses for fear of displeasing the generall and grand councel of the army , who are really guilty of all the * crimes and treasons which they would falsly charge on these to excuse themselves , and of cornet ioyce his matchlesse treason in plundering the king out of the parliaments possession , whom yet they never questioned , nor impeached for it . if this be the justice and charity of those saints , the generall and councel of war ( who have not yet learned that lesson and common rule of justice from our saviour , whatsoever ye would that men should do unto you , even so do unto them , for this is the law and the prophets , mat. 7. 12. nor that lesson of iohn baptist ( a burning and shining light , but yet no new one ) even to soldiers themselves ; do violence to no man , neither accuse any man falsly , luke 3. 14. ) god deliver all honest and innocent persons from such malicious prosecutors , such unrighteous judges , and * men of violence : but let this be these restrained innocents cordiall , and their persecutors terror : * evill shall hunt the violent man to overthrow him : his mischief shall return upon his own head , and his violent dealing shall come down upon his own pate . god hath spoken it in his word , and it shall most certainly come to passe in his due time , if they can but with faith , and patience , wait upon him till its accomplishment , without fainting or despair . now because the generall , councell and army are so eager in pressing for justice upon some members , and the imprisoned aldermen and citizens , pretending them guilty of the apprentices force upon the houses ( of which there is no evident proof ) to requite their kindnesses we shall evidently demonstrate there is greater cause for the houses and city to crave justice against them , as being far more guilty of forcing the houses in a horrid and desperate manner , then the apprentices , who so far they exceeded in these respects . first , they and the army marched up in an intire body from their quarters towards london to force the houses , against their expresse votes , orders , and the cities desires ; the apprentices did not so , having no command from either house , not to repair to westminster , nor no members sent to them as commissioners to stay their march , as the army had ; whom no doubt they would have better obeyed then the army did the houses commissioners . secondly , the apprentices were all unarmed , without swords or sticks in their hands , and not above one thousand or two at most : whereas the army were all furnished with swords , muskets , pikes , pistols , armes , staves , and a train of artillery , and marched up with banners displaied in a body of fifteen thousand fighting men or more . thirdly , the armies force and violence proceeded from their own mutinous disposition , and the personall malice of some of their chief officers against the xj . eminent members , and others who crossed their private designes , without any just provocation , or preceding president of such a force and rebellion in any other of the parliaments armies . but the apprentices force as it was successive too , so it was encouraged and occasioned by the armies to revive the ordinance for the cities new militia , passed by unanimous consent of both houses when full and free ; which the generall and army had forced the houses to repeal when thin , and under their power and terror , against the rules of honour and iustice before one quarter of the time for which they setled it was expired , without any notice given to the city or new militia , or charge or exceptions against them , to which they might make answer . fourthly , the generall , councel and army in a forcible manner impeached divers eminent members , forced their withdrawing suspention , and expulsion from the house , and never desired till they had driven them out of the house and kingdome : which done , they pressed a new purging of the houses from many other members , under pretence of malignancy , and their compliance with the king and his malignant party , even when and whiles themselves were complying and holding treaties with the apprentices , never impeached , nor pressed the suspention or exclusion of any members , nor kept any one member forcibly out of the houses , but onely kept most of them in till they had granted their petition , and repealed the ordinances and votes which the army had forced from them some three daies before . fiftly , the army menaced and forced the houses in and by sundry printed treasonable declarations , remonstrances , manifestoes , letters , and representations ; published to withdraw the city and country from , and animate them against the houses and members , for divers weeks and monthes together ; and when their first demands , as soldiers , were all granted ; yet still they insist on new and higher demands as subjects and statesmen . whereas the apprentices force was soon ended , and they did no such thing , and desired nothing but what immediately concerned the city and themselves . sixtly , the army and their grandees by letters and menaces induced and forced the speakers and some members ( contrary to their trust and duty ) to desert the houses and repaire to the head quarters , and there to enter into a strange engagement , to live and die with them in their quarrel against the impeached members , and others who deserted not , but continued in the houses , and the citizens who adhered to them . and by a treasonable declaration august 18. they declared all the votes , orders and ordinances made in both houses without any force from iuly 26. to august 6. to be null and void ; and by putting their own two armed guards upon the houses , by a party of 1000 horse drawn up to hide parke , and with cromwells , iretons , and other officers , menacing high speeches in the house , they enforced the houses against their former resolutions to passe an ordinance to declare them null and voide ; threatning to take all the members of both houses that sate and voted in the speakers absence as prisoners of war , to try them by martiall law , and pull them out of the houses by head and shoulders if they presumed to intrude into the houses , &c. by which occasion they forced away many of the remaining members , and by force obtained their desires . the apprentices never did any thing half so forcible and treasonable , as these matchlesse affronts and insolencies of the army . seventhly , the chief contrivers and abetters of the armies violence and force against the houses and members , were perfidious degenerated members both of the army and commons house , who acted and plaid their parts in both for their best advantage , as cromwell , ireton , rainsborough , harrison , fleetwood , with other officers who received their commissions and wages too from the parliament , and therefore were obliged more then others to obey , and not thus openly to force , affront , and rebell against them . whereas none of the apprentices were members , nor any of them in commission or pay as mercenaries or servants to both houses . their force therefore upon the houses in these , and many other respects being far more horrid and treasonable then the apprentices , and the occasion of theirs ; they ought in law and iustice to be first , and most exemplarily punished ; the rather , because they still persist therein even in this their last representation of december 7. ( as high and treasonable as any of their former papers ) whereas the apprentices ended in few howers , and was never since revived . in brief , their own dear friend , mr. oliver st. john , his majesties sollicitor generall , in his argument of law , concerning the act of attainder of high treason of thomas earle of strafford , at a conference in a committee of both houses of parliament , published by order of the commons , an. 1641. directly proves the general , lieutenant generall , councel and army , more guilty of high treason in levying war against the king , kingdome , parliament , and now listing and quartering , and sessing soldiers upon the people in their own houses against their wills since the votes for their disbanding , then ever strafford was ; his argument being an expresse arraignment and attainder of them , and these their late proceedings , ex post facto , as those who shall review it will at first discern . and if his argument passe such a sentence against them , the whole kingdome cannot but judge them guilty . finis . notes, typically marginal, from the original text notes for div a56146e-110 * see their declaration for disbanding the army . 28. may 1647. * the xi accused members answer to the particular charge of the army . p. 10. 11 12 : 13. a vindication of 167 officers come off from the army . the agitators letter to l. g. cromwell , march 30. the armies engagement . * of iune 8. 10. 14. 17. 20. 23. 27. iuly 1. * the lord mountagues letter & narrative iune 8 mr rymes his narration to the house of peers . iune , 17. 1647. * see the let●…r and re●…onstrance ●…om his ex●…llency and ●…e army p. 9. 1 rather the armies reb●…lion against the houses . 2 it seems the army n●… rank themselves in equip●… with the parliament : and i●… their lenity , not justice , t●… we enjoy our lives and est●t●… 3 your force upon the h●●ses and their members , was more horrid then the appr●●tices ; yet continued even and in this treasonable i presentation . 4 your engagements no 〈…〉 disband , &c. were far m●●● treasonable . 5 it is more presumptio●… you and your cromwell , ire 〈…〉 thus to tax the house members , then for these to●… in the house , being not ●…peached : and no such t●…tors , as these your grandee●… 6 the worst of them is betand honester then cromwell , ireton , or the best of you , put●cy projects be true . 7 onely the speakers and ●embers who signed the en●●gement are concerned in 〈…〉 s aff●ire , as well as you , not 〈◊〉 houses . * ●…er . 5. 28. * ●…ee the pu●●… projects : 〈◊〉 a word to 〈◊〉 g. cromwell ; ●●ich fully de●●nstrate it . * psal. 140. 1. * psal. 140. 11. psal. 7. 16. the honours of the lords spiritual asserted, and their priviledges to vote in capital cases in parliament maintained by reason and precedents collected out of the records of the tower, and the journals of the house of lords. hunt, thomas, 1627?-1688. 1679 approx. 135 kb of xml-encoded text transcribed from 30 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a45195 wing h3755 estc r24392 08164011 ocm 08164011 40986 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a45195) transcribed from: (early english books online ; image set 40986) images scanned from microfilm: (early english books, 1641-1700 ; 1231:15) the honours of the lords spiritual asserted, and their priviledges to vote in capital cases in parliament maintained by reason and precedents collected out of the records of the tower, and the journals of the house of lords. hunt, thomas, 1627?-1688. [2], 32 p. printed by tho. braddyll and are to be sold by robert clavel, london : 1679. attributed by wing to thomas hunt. reproduction of original in the huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. -house of lords. nobility -great britain. 2006-12 tcp assigned for keying and markup 2006-12 aptara keyed and coded from proquest page images 2007-02 robyn anspach sampled and proofread 2007-02 robyn anspach text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the honours of the lords spiritual asserted : and their priviledges to vote in capital cases in parliament maintained by reason and precedents . collected out of the records of the tower and the journals of the house of lords . pray for the peace of jerusalem , they shall prosper that love thee , peace be within thy walls , and prosperity within thy palaces . psal . 122. ver . 6 , 7. london , printed by tho. braddyll , and are to be sold by robert clavel at the peacock in st. pauls church-yard . 1679. to the reader . t is not unknown to any in our english israel , that there are yet here amongst us some remainders of the men of 42. and that the disease it self sticks as close to them , and particularly to some eminent parts of the nation where they skul , and for the present where they make their refuge ( for in the countries they are more easily discovered ) as the leprosie did under the law to the very walls of the house ; and it seems to be as hardly removed as that levitical distemper , which some naturalists and physitians say cannot be done but only by blood , and that is the thing which their fingers itch to be at again , witness their late rebellious commotions in scotland , which had they taken effect , there would not have been wanting these who would have justified them : nay , i speak what i know , and have heard , did excuse them , as a poor people opprest ; and you know oppression makes a wise man mad , especially at this time of the year , the season being a little hot. i must confess i am no stranger to the men or their ways , having been for many years last past , a strict observer of them , though i thank god i have always , and do still from my heart , abhor and detest any confarreation with them , or any the least approbation of their actings or principles ; for i have discovered so much of ill nature , censoriousness , covetuousness , self-seeking , and want of charity in this sort of men , that it did always give me a great suspition that their cause was evil ; especially reflecting upon the means which they made use of to carry on their pretended reformation , ( viz. ) the throwing down of episcopacy , a government of gods church , as antient in this nation as christianity it self ; the takeing away , and abolishing the best of liturgies either ancient or modern , a justified taking up of arms against their native soveraign , the lords annointed , to whom , and to whose ancestors they and their fore-fathers had sworn allegiance : the plundering and devesting of the kings most faithfull subjects of their goods , estates and for their dutiful adherence to the best of kings who ever raign'd in this our isle . and lastly the embrewing their violent , rebellious , and wicked hands in his most sacred blood ; a course which the moral heathen would blash to take , to save his country ready to be lost and ruined , and yet these men in a bad cause to pretend conscience and religion , which hereto fore conquered the heathen world , not by resisting though they were able and wanted not numbers to do it , but by their sufferings ; for these men i say to pretend conscience and religion , clament melicerta perisse frontem de rebus . these are the men i confess against whom the following discourse is aim'd : for i very well know that it lies not in the power or wit of these , though they gladly would and do flatter themselves perhaps in this their folly that they may be able to cajole any persons of loyal hearts or principles , to take part with , or appear against the bishops in the present controversie : no , gentlemen believe it , you smell too strong , and you are too well known , and i can never believe the contrary , till i see you perswade them to carry in once more their plate to guild-hall , for the carrying on your vnholy cause ; or to shut up their shops , as you know who did heretofore and go with you to releive glocester . atqui parvas spes habet troja si tales habet . and so i refer the reader to the perusal of the book . the honours and rights of the clergy asserted : and priviledges of the bishops to vote in capital cases in parliament vindicated , &c. chap. i. the honour of the priesthood asserted by the law of nature and levitical law ; the immumunities thereof under primitive christianity . the returns of gratitude to god for the blessings and labours of the ministers thereof in the reformation of the church , in the last and present age wherein we live ; together with some close reflections thereupon . religion a thing so excellent , ( that to be careless in it , or neglectful of it , is accounted a great disreputation and shame to any party or person ) hath ever had since there were professors of it , and that is so long as there have been men in the world , a select number of persons , who have been the ministers of it . these men dureing the first times , and the administration of the law of nature , were the first born , and they both princes and priests too ; so that the administration of justice , and the performance of religious worship we find then to have been linked together in one and the same person , adam , seth , enoch , and noah , and other the antediluvian patriarchs were in their order and succession both kings and priests also ; as any person may be satisfied , if he will peruse those writers of the jewish antiquities philo and josephus : afterwards , when the law was given by positive precepts to the sons of men , one of the twelve tribes ( viz. ) that of levi had the priesthood annexed to it , together with other great immunities , honours and priviledges , and in the division of the land of canaan ( if mr. seldens authority may sway any , rev. hist . tithes , c. 2. ) they of levi had near three times the annual revenue of the largest among them , they had their places and voices in their sanhedrims and councils : yea and cognizance of capital causes also , as we may find largely proved by the learned spelman in his history of sacriledge ; what sense the very heathens themselves had of the honours of their priesthood , it would be very tedious to relate . the priesthood was not esteemed any shame to him that bore the scepter and wore the crown . in egypt as sr. john marsham in his cronic . canon , well observes those ancient kings after the flood thoth , or mercurius , tosorthrus , or aesculapius , suphis the builder of the greatest of the pyramids were kings and divines too . see him at large , c. ad sec. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . nay in the first ages of the world , the legislative and executive power went along with the priesthood , melchizedeck , abraham , and jacob after the flood , as well as the antediluvian patriarchs were as well executors as makers of laws . let us peruse the holy records , and we find david a king and a prophet , his son solomon the wisest of mortal men , stileing himself by the name of the preacher and valuing himself more upon that name , then upon the score of his other royal titles ; and in the fullness of time jesus christ himself the king of kings , the eternal son of god and original of all power thought it not below him telling us expresly luke 4. 18. that he was sent into the world on no other end than to preach the gospel . true it is , his kingdom was not of this world , and he never went about to dipossess either the roman or jewish governours in judaea ; neither did his disciples ever go about to do any thing like it ; yet when the empire became christians , the prudent piety of the first and most christian emperors for the better encouragement of religion and learning , conferred large immunities and exemptions upon church-men , freeing them from subsidies , impositions , and sundry services wherewith other of their subjects were burdened * eusebius and zozomen , record several priviledges granted by constantine , that those who minister in holy religion be wholly free and exempt from all publick burthens : and some have very well observed , that during the continuance of the gift of tongues , extraordinary learning , and other miraculous effusions of gods holy spirit upon the primitive church , there were no need of the piety and charity which subsequent christian emperors bestowed upon the church , the apostles had no need to study for their preaching , and therefore had leisure enough to fish and make tents for a livelihood , whereas ours are forced to pore upon books , to meditate , write , and all hardly sufficient to search out the deep mysteries which cost them no pains , the spirit supplying the place of all . therefore to make amends for all these extraordinary qualifications , and abundant measure of spiritual graces wherewith they were furnished above us , it hath pleased the lord of the harvest in these latter days to raise up christian magistrates to assist and encourage his labourers , and appoint them a more setled and plentifull allowance ; yea and honour also , and power together with it , for that wisdom without these is commonly contemned . who ever was chosen a magistrate in our neighbour state of holland , or here at home ? who had not riches , and therefore honour to support them , wisdom in the esteem of the vulgar is always thought to be accompanied with riches and power : so that the pretences of those men who for a cloak to their innovations and sacriledges , vainly vaunt that all things should be brought back to the primitive purity , and the clergy also to the apostles poverty , seem to argue thus much that they are no farther true gospel ministers , and the successors of the apostles than they are able to work miracles , and that they though not enabled to it by any education may be required to work in any of those callings of which the apostles were , whose successors they pretend to be . we read in lud. vives in his commentary upon st. aust . de civitate dei , that the priests of ceres [ no other than the mendicants amongst them of rome ] were to renounce the world and riches and honour too ; and therefore that on the day of their initiation they were to put on a coat which they never left off till such time as it was so ragged that it would no longer hang to their backs ; certainly if spiritual persons were left to some mens allowance , this would be their portion from them to be clad with poverty , contempt , and rags , and their callings as well as their necessities would constrain them to fast and pray . i know some men ( particularly luther ) amongst our reformers have sleighted honours , and that portion due to their callings , out of sincere principles and a good meaning , who have yet lived to repent their error , though not able to redress it , when they have seen how much the church has thereby suffered , and religion been damnified , witness luther epist . p. 131. ego per meo stipendio annuo tantum novem antiquas sexagenas habeo , praeter has ne obolus quidem mihi ; aut fratribus è civitate accedit . a great and noble reward for such matchless deserts , and if so happy an instrument of europes reformation , so valiant a champion , who singly opposed the united power of rome and hell , what may the clergy of our days expect ? viz. to be devested of their revenues , honours and immunities , because they are the successors of their forefathers the bishops and reformers in queen marys days , some of the principal whereof were publickly burnt as martyrs for that religion which ( god be thanked ) maugre the monstrous ingratitude of some , we yet through the blessing of god enjoy , by the pains and labours of their worthy successors . who are the persons who have to the eternal shame and infamy of rome laid open the vileness , wickedness , and immorality as well as the false doctrines , idolatries and superstitions of that church ? who are they who have been the watchmen upon the wall , that have ever since the reformation beaten and foiled them in their assaults upon our church ? was not the walls thereof watered , and as it were cemented with the blood of cranmer , latimer , ridley , hooper , and others ; the supestructure raised by jewel , reynolds and others , sed me reprimo . and yet now those days through mercy are over , must their successors still be wounded by the hands of their pretended friends , and receive such hard measure from their pretended well-wishers ? this strikes to the very heart . scilicet , hoc ithacus velit & magno mercentur atridae . chap. ii. the clergy under the law and gospel also , have ingaged in secular causes , and the state very happy in this their administration in the primitive times of the gospel proved from the examples of st. ambrose , st. austine , &c. we all know it was a political maxim mentioned by josephus as derived from moses , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . philo. in vit . mos . the king must ever take the advice of the priest , moses himself was a priest as well as a ruler ; and he appointed priests dureing the levitical administration to be overseers of all things , judges of controversies , and punishment of malefactors , joseph . lib. 2. cont . app. who saw the precept reduced to practice , tells us the thing in fact was so . who hath not heard that ely and samuel the lords priests were at the same time civil judges in israel . chytraeus makes three consistories amongst the jews , of all which the priests were the principal and essential members : ( 1. ) a triumvirat in every city wherein many matters and lighter trespasses was decided ; these grotius calls pedaneos judices . ( 2 ) the little sanhedrim consisting of 23 , wherein capital causes were determined in the gate of every city . ( 3. ) the council of state or grand senate of 70 elders , which some make to consist of 71 , taking in moses ; others in 72. six out of each tribe , the high priest being commonly of the number . now that the priests and levites were part of this great sanhedrim , causabon will bear me out ; who makes it appear out of their best authors , quod hujus concilii ea fuit institutio ut si fieri possit e solis levitis & sacerdotibus constaret , that as near as might be , the endeavour was it might consist only of priests and levites ; whence josephus and philo oftentimes under the title of priests understand the sanhedrim . come we down to david whose government was a pattern to all his successors , his reign was peaceable and flowrishing ; nor did he want states-men of the most raised abilities for his employments : yet did not this wise , this holy prince think it inconsistent with the sacred function ( which yet st. austin tells us in some respects operosius ministerium than that of the gospel ) to engage levites in his weightiest secular charges . for we find hathaliah and his brethren appointed officers on this side jordan , not only in the business of the lord , but in the service of the king : and jerijah another in holy orders is made plenipotentiary or ruler over the reubenites , the gadites , and the half tribe of manassah in every matter pertaining to god , and in the affairs of the king likewise , 1 chron. 26. 30. 32. nor was he singular in it , but was imitated by good jehosaphat who made the priests and the levites judges of all the controversies in israel , not excluding matters of blood , 2 chron. 19. 8 , 10. now run over the catalogue of all the kings of israel and were any to be paralled with these ? i am sure that none went beyond these , none whose government did more prosper with righteousness , justice , and tranquility . and though under the rest of the kings we have no express mention of the same practice ; yet all things considered , we have more reason to conclude it held than the contrary , for we find jehoiada the priest chief counsellour to joash , 2 king. 11. and if we look into after times at the babylonian captivity , the priests command all and possess the scepter for some hundred of years , for the assamonaean , race continued absolute princes till pompeys conquest , joseph . l. 13. c. 9. we may further add that many civil causes are by name reserv'd to the levical cognizance , as the inquisition for murther , false witness , &c. deut. 21. and yet after all , the preachers of the gospel do not hence draw arguments that they are chiefly and solely to be instructed with these great and important ministeries , but i do on their behalf averr , and will be ready to prove and maintain , that a fit allowance being made to the difference of times and persons ; the model prescribed by god himself under this levitical administration may safely be followed now in some things , and those no circumstantials also . but leaving moses , let us come to christ , and see how matters stood under the gospel , here though we have no instances of honours conferr'd by our saviour upon his apostles , yet have we prophesies , that after the publication thereof kings should become the nursing fathers of it , and that the feet of those that brought the glad tydings of peace should be beautiful upon the mountains , which mr. calvin applyeth to the bounty and munificence of princes to the church , isa . 49. but for the first 300 years , what could rationally be expected from the professed enemies of christianity ? no other honours than cruel persecutions whilst the persecuting fury lasted , whilst they were burnt in usum nocturni luminis , as tacit. the historian hath it . the ordinary sentence was , toeda lucebis in illa qua stantes ardent & fixo gutture fumant , juven . but no sooner was gentilism abolish'd , but we have a new and smiling face of affairs under the happy reign of constantine the churches great patron , as well as the clergies friend . and henceforth the primitive piety was not wanting , who thought no honours or powers misplaced upon their spiritual fathers , for whom they judged nothing too dear . all histories ring of constantines kindness to his clergy , by whom the most weighty affairs of his empire dureing his time was most happily transacted , and that most of his successors wrote after his copy will appear by what follows ; for it were very easie to muster a little army of fathers engaged in secular employments . we read zozomen l. 6. c. 32. that epiphanius bishop of cyprus , a person of singular vertue , prudence , and piety , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a man busied in political matters , theodoret reports l. 2. c. 30. that one jacobus bishop of nisibis or the mygdonian antioch was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , bishop , governour , and captain of the same city . in baronius , a. 610. i find that john patriarch of alexandria was accustomed to sit twice a week and judge between those that were at variance , and to reconcile them , and once when none came to him , he departed weeping , that all that day he had done no good , but sophronius replyed , that he had more cause of rejoycing than of weeping ; for having brought the city to such good order , and to so great peace , that they were more like angels than men , having no differences left , but were all in friendship and amity . a rare example to the immortal fame of an exclesiastical judge . we all remember that sir thomas moore commanded it to be scored up as a wonder , that he had once been able to clear the high court of chancery from suites , and not one cause to remain unheard : but here we have a populous city ( hardly short of any in our nation ) by the pains of a good bishop , without any charge to the litigants , reduced to a perfect unity within it self . but wee will pass over such obscure names , whom it were endless to reckon up and select only a few , whose eminent labours have eternized them to posterity , and begin with st. ambrose , who flourished a. c. 378. and to his conduct and government was the great city of milan entrusted , so that st. austin . conf. l. 6. c. 7. complains that he was a long time kept from access to him secludentibus me ab ejus aure atque ore catervis negotiorum hominum quorum infirmit atibus serviebat ; he had whole troops of suiters about him to dispatch their worldly business . the next shall be that great affrican light st. austin , who ep. 147. hath this passage , homines quidem suas saeculares causas apud nos finire capientes , dum iis necessarii fuerimus , sit nos sanctos & dei servos appellant , ut negotia terra suae peragant aliquando agamus negotia & salutis eorum non de auro , non de argento non de fundis & pecoribus pro quibus rebus quotide submisso capite salutamur ut dissentiones hominum terminemus . he saith he was every day sollicited to make up some breaches about gold , silver , land , cattel , &c. and yet where have we found a more faithfull and assiduous preacher and pastor than this good father ? were any more engaged in contests with hereticks , or any that left a larger legacy of his learned labours to the church ? i dare challenge any before or since the churches reformation , who have done the like , and who will say that the good father had mispent his time , that had better been laid out in painfull preaching to his flock ? whereas we all know that preaching is but a very small part of the ministers calling , yet of late times it hath been made by some to swallow up the rest of the ministers duties as necessary and essential to his callings as that can be ; and have observed also , that some ministers themselves , otherwise good men , have been a wanting to themselves and the church , in complying too much with a sort of men amongst us , whose interest it is to draw all causes into their own courts for the support of their own grandeur and faculty ; whereas otherwise those suites and causes might perhaps with little or no charge have been more speedily , yea and satisfactorily determined . our last instance shall be in gregory the great , de cur. past , ( with who some close the good popes ) whom we find complaining that sub colore episcopatus ad seculum retractus sum in quo tantis terrae curis inserrio quantis me in vita laic a nequaquam deseruisse reminiscor . he was never in all his life time so encumbred with worldly business , as after he came to be a bishop ; but he afterwards adds that , et si cogamur terrenis negotiis intendere , mens tamen nostra saeculari varietate non delectatur , sed tota in unum currit , atque confluit finem . though he was forced to do this for the good of his people , yet he took no pleasure in it , and his mind was taken up with better things , for all agree that these must not be undertaken out of love to them , but christian charity and compassion to the oppressed , aug. de civ . dei l. 19. c. 19. now these imployments were conferred upon those father 's not as bishops but as subjects more eminently qualified than others , both by their prudence , experience , and integrity , as well as humane learning . but three there are ( in which they did principally engage ) and which may seem most agreeable to their coat : first , to be in the commission of peace ; and to speak impartially , who fitter for such a work than they , whose business and calling it is to reconcile those that are at variance : and this was the design of the ancients , though at first it began in a way of charity ; yet being found profitable , it was upon mature deliberation by the christian emperors confirmed , particularly by constantine , zozom . lib. 1. c. 9. who leaves it free to any , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . valens and valentinian enlarged it and intrusted them with the rates of commodities sold in the market , cod. l. 1. de aud. ep. tit . 7. their jurisdiction i confess hath been in several ages various , sometimes more sometimes less as the emperors were more or less favourable to the church , whoever kept the soveraignty in their own hands , constantine was the first that passed the royal grant in favour of the clergy , permitting the cognizance of all civil matters , even between laymen to the episcopal tribunal if either party did require it , though the other denyed his consent , and their appeal was to be obeyed by the magistrates whenever made , though the action was already commenced in another court. arcadius and honorius did a little retrench this unlimitted power , yet still allowing it by the joint consent of both parties , and making the bishops as it were referees , l. si quis ex consensu . de aud. episcop . and their decision to be binding and final without appeal . this law was after ratified by theodosius and justinian l. episc . c. eod . nay this latter emperor justinian reposed so much confidence in them , that he made them overseers of the secular judges , novel . const . 56. this then has been the practise of that pure and primitive age , and the greatest enemies the church had , could never deny but that the bishops have had their tribunals for above these 1300 years erected by constantine , confirmed by arcadius and honorius , theodosius and valentinian , &c. only some curiously mince the matter , and allow them power to hear causes , and to become referees and umpires by the consent of both parties , but yet they will not hear talk of any coercive jurisdiction , though as eminent civil lawyers as any are , attribute it to them , and particularly accursius interprets audientia episcopalis , a term frequent in the code by jurisdictio ; and constantine forbad expresly the greatest prince in the empire to revoke what once the bishops had decreed , euseb , vit. const . l. 4. c. 27. in process of time the magistrates having encroached upon , and almost outed the clergy , charlemaine revives that good old law of constantine , confirming the same jurisdiction to all bishops , repeating the charter word for word , car. mag. in capit. l. 6. c. 28. what the practise was in our own country of england shall god willing be made out in what follows , wherein i doubt not but to give abundant satisfaction of the factum that the clergy were employed as much as the laity in the decision of secular causes , so far as we have good authority and record in the times of the saxons , and so downwards till our late and unhappy divisions 1640 , &c. which god grant may be ever buryed in oblivion , and that we may never live to see the same again . secondly , to be of the privy council , where frequently cases of consciences relating to state-matters may arise : as suppose there be a consultation about a war or marriage , the lawfulness or unlawfulness thereof , must be judged in foro conscientiae , and so is the proper subject of a divine or clergyman ; and perhaps the thing will not bear so much delay , as to summons prelates together for advice nor reason of state to be so much published , for want of such knowing and religious counsellours , princes may often be entangled in unjust massacres , and rash wars , and innocent blood be spilt , which otherwise might have been prevented : and for prevention whereof the godly prudent princes both of our own and other nations have ever admitted some spiritual persons to their counsel tables , and closet debates . to the good advice of bishop fox of winchester we owe the union of the two kingdoms of england and scotland ; for the other privy counsellors advising king henry the 7th to marry the eldest of his daughters to france , the more noble and rich kingdom : the old and wise bishop adviseth his majesty the contrary , at which the king seeming somewhat surpriz'd , the bishop gave him this as the reason of his opinion , that by marrying the elder to scotland , that kingdom would be brought to england , and old enmities reconciled and for ever buryed : whereas on the contrary england being under france , we should have here been ruled by a french liuetenant of deputy , which the english he doubted would hardly brook , and perhaps our government and laws by reason of their unagreeableness to the french , might have been attempted to have been changed into those of france , which the english man ( his opinion was ) would hardly bear : whereas those of scotland were not so much differing from the laws and customes of england , and t was to be hoped the two nations would better accord together than the english and french would . the good event of which counsel we have seen with our own eyes , and may it long continue . it is recorded of constantine that he would not in any wise dispense with the absence of his bishops from him , who had he lived in our prophane age , the churches enemies would have said that the good emperour had been priest ridden , a well-meaning man but not overwise : but the good emperors joy it was to see his court to be as it were a church . nay so much use of these holy men he made , that he made them follow him in his journeys and warlike expeditions , euseb . de vit . ejus l. 1. c. 35. idem l. 4. c. 56. so that we read in peter blesensis ep. 84. ad alex. 3. how he proves at large there , that it is not only lawfull but very expedient for prelates to be in the courts and counsels of princes upon such like important reasons as those are , and therein excuses the bishops of winchester , ely , and norwich . thirdly , to be employed in treaties and negotiations of peace and commerce , and this both the ancient and modern practise will justifie , that none have been more frequently or more successfully used and employed in such messages than the ambassadours of christ : solemn embassies cannot be expected before the magistrate embraced the gospel . but in the very beginning of the 4th century we have maruthas bishop of mosopotamia sent embassador from the emperor of rome to the king of persia , socrat. l. 7. c. 8. presently after theodorick dispatcht epiphanius bishop of ticinum or pavia to gunebald king of the burgundians , eunoch . tisin , vit . epiphan . who at his request released great numbers of poor christian captives . then we have st. ambrose sent by valentinian to maximus that commanded the british armys , to desire peace , which he happily effected to the great contentment of his master , ambros . ep. 27. l. 5. where he mentions an other embassy wherein he was imployed . i might add st. chrysostome imployed to treat with gainas as baronius informs us . john bishop of rome commissioned by theodorick to justine the emperor , niseph . with multitudes of others in latter times , whereof if i should give instance some perhaps would reply upon me that those were times of popery and ignorance ; yet perhaps of more candid simplicity and honesty than the times wherein we live ; and for the moderns the time would fail me to speak of our own and neighbour nations ; for this continued the universal practise of christendome till sincerity gave place to hypocrisie , and that new definition of an embassadour came up , that he was , vir peregre missus ad spetiose mentiendum reipub. causa . a good man sent abroad to tell specious lies for his countries service . then indeed it was high time for these holy men to resign up these employements to others whose education and course of life better became them . thus we have seen both ancient and modern usage on the clergys side , the uninterrupted practise of the world for above 5000 years before and under the law in the purest times since the gospel all sorts of men both pagan , jewish and christian , allowing it in their practise , and none ever questioning it , save some late , and those few innovators , who though they have disclaimed the infallibility of the church of rome , seem to stick a little to close to that of geneva or scotland , we have heard the most eminent amongst the fathers engaged by their princes in secular employments , and if yet still this must be an error , sit anima mea cum patribus , i dare cast my lot on that side . 't is confest 't is pitty that any should be misled by authority , but 't is most miserable not to be moved by authority . this then being the factum or usance as is evident , let us a little in the next place examine the jus of it , and for any fanatick to except against it , is a self-contradiction , since their avowed principles and dayly practise allow their teachers to follow any other calling , either of camp , country or city without control . but it is the rigid disciplinarian who takes the most offence at it , and therefore to him we shall address our selves , and for once suppose him to be of the little commonwealth of geneva , and to have the best parts , and to be master of the best head-piece amongst them . if the senate or syndi● should commission him to decide a difference between his quarrelling . neighbours , or send to him to advise with him about a war with their great enemy the duke of savoy , or engage him to solicite at the court of france , or at the suisse cantons as a publick agent , there being none more likely to prevail in such an embasie than himself ; and the little commonwealth otherwise would be in danger to be lost . in this case should he be heard pleading the inconsistency of his holy profession with such an imployment , and thereupon return a denyal ; if so , then the magistrate will be an ill condition , who must be obeyed in nothing more than the others calling enjoins him whether commanded or no , and his being a spiritual person will make the civil magistrate loose the service and use of his subject : a thing yet which the most eminent amongst them have not declined ; for that neither mr. calvin formerly in the one , nor mr. henderson of later times in the other , have not scrupled greater matters . but let matters be made never so clear , it may be feared that the vulgar have taken up such prejudices from the inexcuseable business of some late preachers here amongst us interesting their very pulpits in state matters dureing our late troubles ( a practise never sufficiently to be condemn'd ) that all perhaps may be bound to their good behaviour for a while for the miscarriages of these men , who have been so notoriously guilty of the supposed crime , they have been guilty of in their preaching against it , and chargeing it upon other men , who never ( as they did ) engaged in any thing of that nature , but when they were commanded to it by the magistrate : though 't is hoped that all learned and judicious persons will be more considerate , and distinguish between the frantick madness of a few giddy pates , and the sober actings of eminent prelates commission'd by lawfull authority , and not take an advantage from the miscarriages of this other sort of men to bring an irreparable injury on posterity by debarring others more sober than they . it is a true saying and confirmed by the experience of many hundred of years . laici sunt semper inimici clero . when the world was pagan , the devil taught the multitude to cry out if any publick calamity hapens , that the christians were in the fault , and they must to the lyons : but now the cunning sophister hath changed his note , and if any thing be amiss either in church or state , presently the blame must be cast upon the clergy ; they must be sacrificed to appease the many-headed multitude , their lands sequestred or sold , and all places of honour and trust interdicted them ; certain we are , the qualifications of a bishops calling do not in the least incapacitate him such employments as we have been speaking of : for ( 1. ) 't is required that he be vitae probatissimae , of an upright unblameable conversation . ( 2. ) nullius criminis reus . ( 3. ) aetate gravis , well stricken in years . ( 4. ) doctrina praestans , excelling in learning , with many other of the like nature . now if these are not kept , they have the more to answer for whom it concerns , if they be observed , will not any one who reads this , conclude no persons more fit than they for the most weighty affairs ? for all polititians make integrity , prudence , and learning the principal ingredients of an accomplisht magistrate ; so that if aptitude be respected , we may safely affirm there are none better qualified for counsel than the clergy , whose education and institution hath enabled them to look into all the idaeas and models of government ; to search the depths and mysteries of empires , most of which are lockt up in strange languages , and 't is not every capacity that can gain the key . then for true politicks ( the late florentine's reaches let other men learn and admire ) there 's as much to be found in the historical part of the scripture , as in any books in the world , so that divines may in all probability make good statists . and is it not pitty then that their countrys should be deprived of such hopefull and eminent abilities ? doubtless those of the contrary opinion do not throughly weigh the consequences of their assertion , clearly leading to disjoin the church from being a part of the commonwealth , which for 1300 years and better have been happily united ; if the bishops and other spiritual persons who yet by their revenue are so considerable in the commonwealth , must no longer be lookt upon as citizens , or parts of it , and eo ipso be debarred from employments , but incontinently forfeit all their priviledges as such , the consequence i presume would not be very good . chap. iii. some authorities from scriptures , and the canons of the antient church seemingly contradicting the former position explained . and yet for all this we confess we find many good men are strongly perswaded that ecclesiasticks ought wholly to be excluded from civil matters : an opinion indeed much pretending to humility and self-denyal , and receiving some countenance and colour from scriptures , the practise of three first centuries , and some canons of counsel which must be the subject of our next consideration . the text that is most insisted upon is , 2 tim. 2. 4. which being mistranslated by the vulgar latine militans deo begat greater prejudice in the minds of many . first , then we may take notice that the sentence is general , and belongs to every calling and sort of men , though in a more peculiar manner 't is referred to the preachers of the gospel , yet none can plead exemption , but others are willing to slip their necks out of the collar , , and the clergy only must be tied to it , whom for the present we will grant to be principally concern'd . the stress of all lies upon the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which theophylact expounds by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the tumults and confusions of this life , corn. a lapide saies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are such employments as concern food and rayment , and instance in these agricultur ; mercatura & artes mechanicae . now who does not readily approve of this , and judge it very improper that a preacher should be a merchant , a plowman or a mechanick , do not both common and cannon laws forbid the same ? estius has much to the like purpose , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. quae quis exercet ut habeat unde vivat , and therefore quotes to this purpose a saying of ambrose , indecorunt est homines 〈◊〉 〈◊〉 〈◊〉 qui militant deo , this then rather flies in the face of them that permit their preachers to put on blew aprons , and make them such sordid allowances , that they must either work with their hands or starve , seeing it is not comely that the lords warriours should busie themselves about inferiour matters that tend to get a livelihood , and so valla render it , not negotiis but negotiationibus , when our saviour employed fishermen to preach his gospel , weak instruments to confound the powers of this world , though he furnished them with suitable abilities that they needed not to study , yet he made them leave their nets , and not use them as their ordinary profession . but lastly , and most satisfactorily , the apostle here makes a comparison between prophane and spiritual warfare , and therefore the better to understand the genuine sense we must consider what military discipline did require , veg. l. 2. says that by the laws of war he must not have any private affairs committed to him , nor mind his own gain . hence we read in florus of the romans severely proceeding against posthumius for imploying his soldiers to till the ground , vid. leg. arcad. & honorii tit. miles . and leo the emperor says expresly , those that are armed and maintained by the commonwealth must only mind publick affairs , and not till the ground , keep cattel , or traffick , l. mil. c. de re militari l. 12. all avocations were inhibited , and such matters as tended only to the publick good enjoyned them , and why then should not the same analogy hold here , and such affairs be permitted to the clergy , as tend to the good of the church , and the glory of their great commander . next we are urged by the apostles practice who were so tender of any interruption that they denied to attend upon tables , and make provision for the poor . 't is true , in the infancy of the church , when the gospel was to be published all the world over , the work great , and the labourers exceeding few , the least diversion at such a time would prove a considerable hindrance and destraction to them . but now when the lord of the harvest has encreast the number , and plentifully furnished his peaceable settled church , every village being now supplied , and if the complaints of some be true , the nation so overstock'd , that there 's hardly employment , much less maintenance for the multitude . in this case to make no difference of times , when the mercifull providence of god hath made so vast a distinction seems little agreeable to reason . but if from this , occasion must be taken presently to forbid every petty interruption and disturbance ; how came st. paul to contradict himself , and to follow his tent making , labouring with his hands for a livelihood , which must needs take up a good part of his time , and hinder his praying and preaching . add to this , that the seven deacons appointed by the apostles to succeed them in the care of the collections , were according to epiphanius of the number of the 70 disciples , and yet for the publick benefit , their constant preaching was now and then dispenced with to attend on tables . thirdly , they argue from the canons of the primitive church , prohibiting clergy men to judge and intermeddle in civil matters , or any causes secular ; the prohibitions of this sort are many and various , they may be seen in balsamon , zonarus , binias , &c. it would be an infinite task to give particular answers to each canon , and therefore i shall lay down some general rules , which may the better conduce to the understanding of them all , which if well applyed will make an abundant solution to that so complicated an objection . and here i cannot but admire the modesty of the primitive church , and the charity of the people the earnestness of princes in commissioning of spiritual persons to compose all emergent differences , and the forwardness of the oppressed in flying to the tribunals for justice , whereupon the holy fathers in process of time to take off their clergy from those affairs made sundry and severe canons in divers counsels , and therefore ( 1. ) 't is clear , the great design was to forbid ambitious seeking after , and voluntary engageing in secular matters for sordid ends , and out of covetous principles , and this may probably be collected , because we find a dispensation given when imposed by the supreme magistrate . in the counsel of sardis t is granted upon the motion of osius , si religiosi imparatoris literis vel invitati vel vocati fuerint , and undertaken in obedience as causes of piety and charity , overseeing widdows and orphans , provided it extended not to the notorious neglect of their religious callings . and thus justin martyr calls the bishop the great steward of all the poor , apol. 2. the contributions of the faithfull being laid down at his feet , and by him distributed . and ignatius ep. ad polycarp . calls the bishop the great trustee of the widdows . ( 2 ) 't is not a total prohibition , but only a prudent restraint , least animosities and jealousies should arise in the laity , by too much encroaching upon their courts , and therefore the wisdom of sundry counsels confin'd the clergy to such matters as were properly of ecclesiastical cognizance . but ( 3. ) the ground and reason of these interdictions was not the unfitness and incapacity of spiritual persons , but out of respect to their eminent callings , least they should be disparaged by mean and vile employments , and express mention is made of sordid offices about princes and noble men , as of stewards , bailiffs , &c. but when by the favour of princes their employments were honourable , and their temporary diversions did bring abundant recompence to the church ; we find those that had the principal hadn in enacting these canons themselves engageing . now can it be supposed , if this had been the meaning , they would have been guilty of so great a contradiction , and no future counsel reprove it . st. cyprian much confirms me in this opinion , l. de lapsis , is perswaded that god sent the great persecution under decius onely to awaken the christians , who were growing exceeding corrupt , especially the clergy ; for he there complains that the bishops themselves abandoned their holy functions , and dealt in matters of the world , haunting marts and fairs for filthy lucre sake . and much to same purpose we find in writers of our own country , as gildas , bede , &c. but to make peace between quarrelling nations , to compound differences amongst christians , and such like , tending to the honour of god and the glory of the gospel , which may be often practised without detriment to their spiritual charges , i never find these expresly forbidden , or such as engaged in them , as cyprian , austin , chrysostom , gregory , bernard , &c. condemned ; for st. paul became all things to all men to gain a soul : will not the example bear his successors out , if they go to the utmost verge of their christian liberty , still keeping on this side sin , to preserve kingdoms , the churches peace , and to prevent the effusion of christian blood , their absence some days from their private charges will be abundantly recompenced by such happy consequences . chap. iv. the ancient estate of the clergy and priests in this and other kingdoms . we have before intimated that the prudent piety of the first christian emperours , for the better encouragement of religion and learning did confer many and great priviledges and exemptions upon their clergy in those primitive times . come we now to manifest that the franchise , of our brittish church , were neither short for number or extent , and that they a reall confirmed by magna charta without restraint , the words are we have granted to god ; and by this our present charter confirmed and for our heirs for ever , that the church of england shall be free , and have all her whole rights and liberties invitolable , all the nation being content to stand accursed if this grant were at any time infringed . you may see in ancient authors the manner of its publication ( viz. ) the king , prelates , and peers , &c. came with burning tapers in their hands , throwing them down on the ground , and saying , so let his light be extinguished in the other world , which shall go about to break this charter and agreement , yea more if any thing should be done against it and contrary to it , it was ipso facto declared void , 26. edw. 1. c. 2. and must magna charta be violated only when the clergys priviledges are invaded , why shall it not stand firm and good for them , and on their behalfs , as for the laity ? did not the clergy labour as much as any for the procurement of it ? nay were they not they who procured it from the several and respective kings ? let us desire the enemies of the clergy to see their own cronicles , and they shall receive satisfaction . now what the liberties of the church were , to set them down would ask a volume ; the lord chief justice cooke says expresly , they had more and greater than other of the kings subjects , some few he recites , as that they were discharged from purveyances , tolls , customs , distresses by the sheriff in the old inheritance of the church , with others of the like nature . it might fetch tears from some to look back upon the piety and charity of our saxon ancestors who in their greatest impositions ever held their ecclesiasticks excused , no part of that insupportable tax of danegelt , under which the kingdom so much groaned , being ever paid by them , vid. spelm. gloss . in danegelt . and it may be made appear that till after the conquest ( the tenure of their lands being at that time frank almoigne ) they were ever priviledged . for king ethelwolf in a full convention of his states at winchester , ann. dom. 858. enacted that tithes and church lands throughout all his dominions should be free from civil burdens and exactions , as much as royal tributes great and small , vid. spelm. concil . ad annum dictum . but dureing our late intestine wars , how unequal were quarterings and contributions ? what heavy burthens did the poor clergy bear , no redress being found to their bitterest complaints from the lay judges , who in some places made sport at their miseries and oppressions , as if nothing had been too hard or insupportable for their shoulders ; now those days through mercy are over , and must be forgotten , to receive almost in all places the same hard measure from their pretended well-wishers , this strikes to the very heart . when no regard is had of all their past sufferings ; first-fruits , tenths , ( no small standing revenue of the crown , amounting as some compute to near 40000 l. per annum ) which they joyfully discharge , but they must still be left to the arbitrary disproportionate impositions of every domineering insolent officer : the consideration hereof hath convinced many ( formerly of a different perswasion ) that 't is not only usefull but expedient , yea necessary for the church , to have some of his own ordering power to protect them , and to hear and redress their just grievances . but what further concerns the clergys priviledges and just rights , being so learnedly handled by the immortal spelman ; and the general ones so fully collected by rebuffus de stud. priv. and others , i shall not here any further enlarge upon them . the grand concern at present , and which we principally design is , how far they were priviledged as to publick assemblies and state consultations . and that the holy constantine , and many other famous kings and emperours have made use of their advice both at home and abroad , employed them in embassies and other important transactions hath been already demonstrated . and here in the first place , if such an argument could hope to sway with us christians , it would soon be proved that those who attended the worship of the heathen gods were admitted in greece , the then most knowing and civilized part of the world , into their pan-aetolium and amphyctionian counsels . amongst the athenian areopagites and roman senators , and that the old gauls divided their states in druidas ( who had omnium rerum immunitatem ) equites , plebem , as the egyptians before did into priests , soldiers and tradesmen . but leaving gentilisme we will hasten to christendome : and here once for all , desire our reader to consider , that by the fundamental constitutions of the most and best settled nations in europe , there are three states generally settled whereof the clergy is ever one : now to make this good , though we might produce variety of instances , yet we shall content our selves with the single testimony of calvin alone , knowing that it will go farther with some , than a jury of others , this we find expresly asserted in his institutions , l. 4. c. 20. sect. 31. in singulis regnis tres sunt ordines , &c. which how to make up without the spiritualty will be hard and beyond my skill . in our neighbour nation of france the practise is notoriously known , the ancient stile of the royal edicts always running , as 't is recorded of pepin , ann. 744. per consilium sacerdotum & optimatum ordinavimus , per consilium sacerdotum & optimatum ordinavit carolamanus , thuanus passim . it might farther be noted that six prelates are here pairee of that great and famous kingdom , three of them being stiled dukes , and three counts , see seldens titles of honours , and yet the whole number of the pairee exceeds not twelve . as likewise the arch bishop of paris hath a peculiar indulgence in being present in every court of that royal city without exception chappinus . look we into hungary where thwroczius informs us that by the fundamental constitutions of king stephen , the bishops in concilio regis primi adsistunt . poland comes behind none in its reverence and respect for their clergy , where the arch bishop of gnesna is primas regni & princeps primus , stanis . kristanowick in discrip . polon . whose jurisdiction is not limited to the spirituality alone , but hath the chief place in the rank of the senators assigned him , and is of the greatest authority in all publick consultations : and when at any time there happens an interregnum ( as it frequently doth in those elective kingdoms ) it belongs to him to summon a dyet to give audience to forreign embassadours , and to appoint a time and place for the election of a new king. our author farther enlargeth this to have proceeded from the piety of the popish kings towards the church , that the sons of it should for ever hold the highest places in their conventions , with many other priviledges which to this day they enjoy in his own words , [ and he no clergyman neither , but a lawyer ] maxime illius regni commodo , emolumento , adjumento , addo & ornamento . cromerus another historian of that country adds , that there is ever a royal standing council assigned the king , of which there is to be two arch bishops , and seven bishops . and how considerable a number in all the german dyets the ecclesiasticks are panvinius is a witness beyond exception , who reckons thirty four bishops that have their votes there besides abbots , priors , &c. who pass for religious persons , and in the septemvirate we find no less than three clergy-men , mentz arch chancellour of germany , coln of france , and triers of italy . i shall wholly out of this collection omit spain and italy , as being such known vassals to the pope , where the clergy rule the roast . but one word dashes all this [ with some ] they are papists , a doughty argument to condemn any thing though backed by never so strong reasons : and let us examine how matters stand with others , andreas bureus in his description of sueden , acknowledges that the ecclesiasticks were heretofore the prime men in the senate , till the covetousness of gustavus the first despoiled them of their revenues : yet since the reformation , they still to this day retain their suffrages in all publick dyets of the kingdom . and when the new crowned king makes choice of his counsellors , the arch bishop of upsal is still the first , who is allowed a greater proportion of attendants , when he comes to the king than any noble man in the nation , no fewer than forty horse being permitted him ; whereas the retinue of the other noble men must not exceed thirty . and in the great assembly at lincopen , ann. 1600. we find both bishops and other ecclesiasticks . and as to denmark , pontanus recites seven bishops as the ecclesiastical nobility , and these have their votes in all grand meetings . jonas ab elvervelt distributes the states of holstein into three orders , 1. king and princes . 2. prelates . 3. the families of the nobles . and he makes the bishops of lubeck and slewick the two prime peers in all their dyets . in scotland it is known that anciently the bishops and prelates were essential members of the parliament , and had their seats as ours here in england on the right hand of the king : and in a parliament held at edenborough , ann. 1597. a vote passed for restoring the clergy to their original priviledges , as the third estate in that kingdom ; the learned prince king james condemning that act of annexing their temporalities to the crown as vile and pernitious , basil . dor. l. 2. p. 43. then for geneva it self , who is so much a stranger to that reformation , as to be ignorant what a stroke calvin and others had upon the senate or grand counsel , which gave occasion to that complaint of some , that they had expelled one bishop and admitted many . if remote countries be to be regarded , amongst the abissines the clergy is paramount in affairs of all natures , and we read in damianus a goes of zaga zaba an ethiopian bishop viceroy of bagana sent embassadour to the king of portugal , dress . orat. in muscovy their supreme convention , which those inhabitants call zabore , consists of the great duke , twenty ecclesiasticks , and as many nobles , the common people being wholly excluded ; and when they are met together , the patriarch and ecclesiasticks are always first consulted , and first deliver their opinion . i shall conclude this paragraph , onely reminding , that neither the pagans nor mahometans are so inhumane or irreligious , or discourteous to their priests as to deny them this liberty : for that tully acquaints us that it was the appointment of the gods , that the roman pontifices should not only take care of their religion , but further sumnis reipub. praeesse voluerunt , orat. pro. dom . sua . nay at this very day the barbarous turks never exclude their . mufti , but allow him free entrance , and vote into all their divans and counsels ; yea the great sultan himself so honours the mufti , that as often as he comes into his presence , he rises from his seat , and according to their mode , putting his hand to his breast , bows his head in token of reverence and honour , which he shews not to any other subject , and will hardly vouchsafe the like honours to the mightiest monarch upon earth . chap. v. englands more particular respect and kindness to the clergy . i might here be very large should i but give the world a brief account of the honour which our saxon kings had for their clergy , neither was this a matter onely precarious , and by the courtesie ( as we say ) of england , sed ipsis confirmatum legibus , spelm. concil . ep. ad regem . the person who ministred at the altar was esteemed equal in all things in censu pariter capitis , to the lord of the mannour or any knight , leg. aethel . c. ult . de wirgildis . the abbot was esteemed no less than a greater thane which now we call a baron of the kingdom . the bishop of no inferiour rank than the count or earl , qui integro fruebantur comitatu . the arch bishop equal to any duke , who might happen to be set over , and have the rule of many countries ; for that saith the learned spelman , in these times our kings gave always the greatest respect and honour to their clergy ; for that in their keeping were the keys of learning and knowledge , the seculars in the mean time addicting themselves most what to the wars , so that in those times it came to pass that the priests mouth was the oracle of our common people no less than of the king and commonwealth ; for that they had ever the first place in our commitia's and assemblies , no less than in the kings courts of justice , and law tribunals in the kings palace with the nobles of his kingdom in the counties with the comittees and justices of the counties , in the sheriffs courts [ turno vicecomites ] together with the sheriffs , the bishops had their adsessors , yea in the hundred courts , they or their ministers sate together , with the lord of the hundred : so that one sword was ever helpfull to the other in the administration of justice , and nothing of moment was done in these courts of judgment , but by their advice and assistance , spelm. l. prius citat . the practice of the kingdom ran parallel with the law ; for in all antient charters and laws which heretofore were passed and made by signing their names cum signo crucis , the spiritual lords ever preceeded the temporal . in a donation of ethelbert , a. d. 605. to the monastery of st. peter in canterbury , the first witness subscribing it , is austin the bishop , and after him several dukes and earls , monast . angl. & spelm. conc. passim . in a charter of king inas , ann. dom. 725. to the monastery of glassenbury , after the bishops , boorthwald and fordred , occur waldhere , ethelherd , ummin and winchelin , the greatest peers in the nation putting their names . not long after in a grant of king offus to the abby of worcester , ann. dom. 708. brotdran , berthand , eadbald , and eadbald , two princes , and two dukes , follows the bishops . and at the same kings consecration at st. albans , ann. 793. no less than 10 dukes , besides other nobles give place to the prelates . and to make an end , in a charter of king edward the confessor to the monastery of winchester ; immediately after the king subscribed plegmund and frithestan the bishops , being followed by ethelward the kings brother , aethelstan , aelfweard the kings two sons , oredluf , orced , brorh●●●f and heerferth dukes , many more of this nature might be produced out of the same authors , and others , as standing monuments of the clergies reputation , and the reverence our religious ancestors bare to their functions , particularly the third charter of king edward the confessor of the foundation of the abby of westminster , where more particularly we find osberne and peter two of the said kings chaplains , signing the charter before several of the earls . and furthermore , here is statute law in the case that this usage may not be thought to proceed meerly from the curtesie of england , 't is confirm'd by the statute of the 31 hen. 8. c. 10. wherein all degrees and offices are placed in assemblies and conferences , and there the arch bishop of canterbury as primus par regni the first peer of the kingdom is ranked before all the nobility , and seated at the kings right hand , next and immediately after the royal blood , and the vicegerent , and the rest of the bishops follow him in their due precedency , according to the dignities and aunciencies of their respective sees . see farther , the statute of 8. of eliz. c. 1. where in that statute they are called an high , and one of the greatest estates of the kingdom , nor were they ever excluded from the greatest employments of honours and trust in the kingdom , and to evidence , that this is not spoke without book , we will subjoin a catalogue of churchmen collected out of godwin , malmesbury , spelman , dugdale , and others , &c. that have born all , at least the most honourable offices of state , and ( how ever bespatter'd by some ) discharged them with much integrity and repute ; england owing more of its happiness to men of this calling than any other , though it cannot be denyed but some miscarriages might be here and there found , and yet as few as can be expected in such a multitude : and if a man were disposed to find fault , he might without much pains takeing two for one in critically examining any other profession . let us begin then with englands metropolitan , to whom this primacy justly appertains , and take the rest in order , onely premising this , that t is true indeed we find fewer of this see upon the civil stage than any other , most offices being lookt upon as below the archiepiscopal dignity , and therefore a nobleman upbraided hurbert arch bishop 1199. when he was made chancellour of england , chief justice of england , and high governour of all the dominions under king richard the first , however we shall begin with his person and see. canterbury . hubert under richard 1. and king john , who intrusted the same prelate with the government of the whole realm at his departure into normandy . gualter , reynolds chancellour , ann. dom. 1310. john stratford chancellour under edw. 3. and when the king invaded france , no person thought so fit in his absence to have the government of the nation entrusted to him . simon islip of the privy counsel to the edw. 3. john stafford to hen. 5. john morton to hen. 6. and edw. 4. but we need not stand upon this , when in truth it hath been seldom known that any of them have been at any time omitted : nor was this proper only to the times of propery : come to the reformation , we find arch bishop cranmer of the privy counsel to hen. 8. and edw. 6. and very active in civil matters , yet a man so averse to rome , so instrumental in planting the gospel , so laborious , so holy , that a great apocalyptical man mr. brightman , in his commentaries oa the apocalypse [ a man no friend to the hierarchy ] takes him to be that angel pointed at by god , rev. 14. that had power over the fire . under the renown'd queen elizabeth , john whitgift of the council , and had the government of the principality of wates given to him . york . waler gray chancellour under king john , had the government of the realm entrusted to him under hen. 3. william de melton successively treasurer and chancellour of england , 1317. william de zouche vicegerent to king edw. ann. dom. 1346. john kemp , ann. 1425. twice lord chancellour . and thomas young lord precident of the north , an. dom. 1561. london . there was not long since to be seen in st. pauls the monument of william bishop of london , who obtained from the conqueror the city charter , to which the lord major and his brethren the aldermen used in a gratefull commemoration every year to walk on foot : he was privy counsellor to king william the conqueror . mauritius chancellour under the same king. eustachius de falconbridge one of king rich. 1. his justices , chancellour of the exchequer , treasurer of england , and twice embassadour into france . henry de wingham chancellour under edw. 3. ralph boldoc under edw. 1. richard bintworth under edw. 3. robert braybrook under rich. 2. richard cox dean of westminster ( whom i crave leave to name here as belonging to the diocess ) of the privy counsel to edw. 6. and bishop bancroft sent embassadour to embden , to treat with the king of denmarks commissioners , ann. dom. 1600. durham . geoffrey rufus chancellour of england , ann. dom. 1140. richardus de marisco , ann. dom. 1217. anthony beake of the privy councel , ann. dom. 1294. richard de bury cancellarius , ann. dom. 1334. and treasurer , ann. dom. 1336. thomas langley chancellor , ann. dom. 1406. thomas ruthal of the counsel to henry 8. and as his monument at westminster testifies , secretary to hen. 7. richard neyle of the privy council , a. d. 1627. and here we cannot omit that known passage of newbrigensis , who brings in k. richard , making himself merry with the bishop , boasting what a feat he had done , e vetusto episcopo novitium comitem ego mirus artifex feci , to make a new count of an old bishop , a priviledge yet continued to that ancient see. winchester . swithan chancellour of england under k. egbert , ann. dom. 860. william giffard chancellour under the conqueror , william rufus , and k. henry 1. peter de la roch. lord chief justice under k. john. sendall chancellour , 1316. william edenden treasucr under edw. 3. william of wickam , founder of new colledge in oxon , principal secretary of state , keeper of the privy seal , master of the wards , and treasurer of the kings revenues in france , ann. dom. 1360. william wainfleet founder of magdalen colledge oxon , for his great wisdom and integrity long lord chancellor of england under hen. 6. richard fox ( founder of c. c. c. oxon ) one of the privy counsel to hen. 7. ( as prudent a prince as this nation hath known ) and this bishop as wise a privy counsellor as he a prince ) continually employed either in matters of counsel at home , or embassies and treaties abroad . ely . william longchamp chancellor , ann. dom. 1189. after chief justice and protector of the realm , when k. richard the first undertook his journey to the holy land. eustacius chancellor , ann. dom. 1196. john hotbam chancellor , ann. dom. 1317. simon laughan , and. dom. 1361. first treasurer , then chancellor of england . john barnet treasurer , a. d. 1366. john fordham treasurer , ann. dom. 1385. william gray treasurer , ann. dom. 1469. john alcock chancellor , ann. dom. 1486 : and thomas goodrick chancellor under edw. 6. lincoln . robert bleuet chancellor under the conqueror , ann. 1092. alexander under k. henry the i. lord chief justice of england . galfridus chancellour , a. d. 1180. hugh de wells chancellour . ann. dom. 1209. walter de constantiis chancellour under hen. 6. and dr. williams dean of westminster , and after bishop of this see made lord keeper by the learned k. james . coventry and lichfield . roger de wiseman keeper of the great seal , ann. dom. 1245. william de langton treasurer , ann. dom. 1226. roger northbrough clerk of the wardrope , afterwards treasurer , ann. dom. 1322. geoffrey blyth lord president of wales , ann. dom. 1513. rowland lee his successor in the same office , ann. d. 1535. richard sampson in the same , ann. dom. 1537. william smith founder of brazen-nose colledge oxon ; in the same under hen. 8. sarum . osmond chancellor of england , always of the privy council , and seldom separated from the court , under the conqueror . roger chancellor , 1107. and under k. stephen , ann. dom. 1136. john waltham master of the rools , keeper of the privy seal , and after treasurer of england under richard the ii. nicolas bubwith treasurer , ann. dom. 1407. william ayscoth clerk of the counsel , ann. dom. 1438. bath and wells . robert burnet first lord treasurer then chancellour of england , and always of the council under edw. i. john drokensford keeper of the wardrope , ann. 1309. robert stillington first keeper of the privy seal , then chancellour , ann. dom. 1465. oliver king principal secretary of state , 1492. john clark master of the rolls , a. d. 1523. exeter . leofricus first one of the privy counsel , then chancellour of england , under the conqueror , though sir henry spelman reckons him of bath at that time , and possibly he might be of both . william brewster of the privy counsel under henry the 3. walter stapledon founder of exon colledge oxon first of the privy counsel , then treasurer under edw. 2. john grandesson privy counsellor to edw. 3. john voysey lord president of wales under hen. 8. gervase babington vice precident of wales , a. 1597. norwich . hen. 2. by a special commission makes the bishops of norwich , winchester , and ely , lord chief justices of england in my authors words , radalphus de diceto , archi justitiarios angliae , who there adds , clergymen were pitched upon by the kings for this employment , rather than others , for that they were the likeliest persons not to oppress the poor , nor to respect the face of the rich. john salmon chancellour , a. d. 1319. robert baldock chancellour , an. dom. 1324. john wakering lord keeper of the privy seal , a. d. 1416. hereford . thomas cantelupe chancellour , a. d. 1275. thomas charlton lord treasurer , 1329. john gilbert in the same employment , 1386. thomas melling of the privy counsel to edw. 4. charles booth chancellour of the marches of wales , ann. dom. 1517. worcester . galfridus giffard lord chancellour of england ann. dom. 1267. walter reynold first treasurer then chancellour of england under king edw. 2. john bar●●s lord treasurer ann. dom. 1362. henry wakefield treasurer , an. dom. 1376. nicholas heath lord president of wales and chancellor of england under queen mary . chichester . ralph nevil chancellor of england , ann. dom. 1222. but sir henry spelman reckons it 1226. who saith he was appointed to that employment by parliament . john de langton chancellor under edw. 1. and 2. john stratford lord chancellor ann. dom. 1360. adam molins clerk of the privy council , ann. dom. 1451. and that very learned prelate and industrious preacher lancelot andrews privy councellor of england and scotland , under a prince who knew the worth of learning , and advanced it accordingly . rochester . walter de merton founder of that colledge that bears his name in oxon , lord chancellor of england , ann. dom. 1274. john de shepey lord treasurer , ann. dom. 1358. oxford . hugh curwyn lord chancellor of ireland . st. davids . adam de houghton lord chancellor of england , ann. dom. 1376. lindwood the famous canonist lord keeper of the privy seal , ann. dom. 1440 , and a person much employed in embassies to the king of spain , portugal , &c. i might here add several deans and arch-deacons promoted to the same and like dignities , and with industrious mr. stow , take notice that till the dissolution of abbies and monasteries , the prior of christ church in london was ever a member of the court of aldermen ; and that the dean of westminster is by his charter allowed no small interest in the government of that neighbouring city . but i shall not nauseate the reader any longer with the repetition of any more antient names , but observe ( as others have done before me ) that in the catalogue of chancellors recorded in spelmans glossery , amounting to about 170 , near a 100 of them were clergymen , more than all the other professions put together can make up . these then are the honours which ( if any humane testimony can make a thing certain by an uninterrupted custome ( equal to law ) which wise antiquity in the best of times gave them , through all the saxon , danes , and norman times , without controul and dispute till within these 40 years or thereabout , since which england hath groaned under the very great sin of dispiseing the embassadors of christ , and with some it hath been no small step to preferment to rail at them , to murmure at , and decry their advancements for secular ends of their own , yea to rank the great trustees of souls with the vilest peasants in the nation ; as if there were no better way to shew their love to their redeemer , and their own christianity , than by hatred to his servants who conveyed it to them ; as if men had no other way to manifest their respects to the majesty of the great god , but by powring out contempt and obloquy upon those who represent his person . and thus corah and his accomplices great complaint and grievance against moses and aaron was , that they were too high , took too much upon them , numb . 16. they were advanced and honoured above the rest , this was the main eye-sore , but the revengeing hand of god would not then bear it . nay have we not here in england dureing our late and unhappy troubles , heard such language as this ( nay have we not seen the thing reduced into practise ? ) all the congregation is holy , and one may preach as well as another : thus would these sons of confusion have brought upon us a munster confusion and disorder , by taking away the distinctions of callings . the wise god ( we know ) appointed it otherwise under the old testament , when every one we know was not admitted to the priesthood . we cannot but think , that there were 1000 in israel who knew how to kill , slay , and dress a sheep , ox , or goat , as artificially as the sons of levi , yet none ever attempted it in reference to the altar without a severe rebuke . and was moses a more prudent lawgiver or steward of gods house than jesus christ the wisdom of the father ? would it be fuffered in humane societies , in any well regulated corporation that every man who should conceive himself fitter to discharge an office , manage a trade , husband an estate , should presently exclude another legally possest of it , and invade his propertys ? grant this , and farewell government , and welcome babel . let me say it once for all , ' t is folly for any to expect the prosperity of the nation , whilst the clergy of it is in misery , a low and despicable condition , whilst the sacred function is deposed , nay with black ingratitude revil'd ; to whose learned labours do we owe the translation of our bibles , and who , ( as before once was intimated ) under god were the principal instruments of delivering us from that egyptian darkness our forefathers sate in : is not this like the deer we read of in plutarch , who browsed on that bush in a calm he was glad to creep under in a storm ? certainly they are not worthy the name of christians or friends of the gospel ( whatever their pretences may be ) that despise and vilifie the ministry , than which , nothing more bespeaks a vile and reprobate heart . we all know that under the law presumptuously to rise against the priest was punishable with no less than death , deut. 17. for these are the embassadors of the king of heaven , and how sacred such persons were esteemed by the laws of all nations , all histories do abundantly witness : 't was the shame of our neighbour nation of scotland , the murder of the late learned prelate there , and that small indignities offered to persons of his rank have been highly resented ; the ammonites are a lasting testimony in the days of king david , and prood corinth was for no other reason burnt to ashes by the enraged romans , florus . chap. vi. the antient estate of our bishops and clergy under the times of the britains , saxons , danes and normans . vvhat incouragement the clergy found in the times of the britons will appear to have been very great if we will but read arch bishop usher de primordiis ecclesiae britanicae , through the series and succession of kings , who when converted to the christian faith , were not scanty in conferring honours and riches upon them : see him in his sixth chapter under these respective heads , antiquitatis glastoniensis ecclesiae assertio & nova ab ina rege instauratio . privilegia varia eidem a saxonibus regibus . arthur . donatio & sepulchri inventio , hen. 2. & edw. 3. diplomata . possesiones & libertates ecclesiis a lucio rege tributae . wintoniensis ecclesiae libertates & antiquitates . fundatio ecclesiae sancti petri westmonasteriensis . b. marcae doveriensis & sancti martini cantuariensis . afterwards in his 7th chapter , de pace britanici ecclesiis post caeptam persecutionem constantio chloro , aug. constant . m. patre restituta . and afterwards in his 8th chapter of the british bishops , qui variis consiliis interfuerunt , concilio arelatensi , sardicensi & ariminenst ; where any persons may receive satisfaction of the clergy honour in those first british times . in the times of the saxons what their immunities were will appear if we instance in but one single one , as more eminent and glorious than the rest ( viz. ) their admission to all publick debates and assemblies . such were ( 1 ) their scire gemotis , which spelman and other learned antiquaries resemble to our country courts , and sheriffs turn in which all causes both criminal and civil , concerning church or state were handled ; the persons bound to be present were the sheriff , the bishop and all the nobles of the county ; till at last upon their humble petition in parliament , the clergy were dispensed with by the statute of marleborough , 52 edw. 3. unless urgent necessity required it . secondly , their folk gemotts a kind of annual parliament commonly held in the beginning of may , in which the princes of the kingdom , bishops , and magistrates , and the laity took the oath of allegiance , and confirmed their mutual union before the bishops . the original of this is intimated to be as high as king arthur , vid. leg. edw. confess . 35. thirdly , their wittena gemotts , or michel synoth , the grand convention of their wise men . these who desires to look farther into , may have recourse to spelmans laborious glossary , v. gemot . now out of none of these were the clergy excluded , but ever reckoned an eminent and principal part of each , their counsels votes and approbation demanded and given before any laws were constituted . for proof of this , we shall look back above 1000 years to the laws of king ethelbert , and the authors we shall produce , and on whose authority we lean are bede , spelman , and lambard . and as to king ethelbert presently after the arrival of austin the monk here in england , we find as spelman hath it in spelm. conc. 126. the king to have called a grand assemby , a. 605. tam cleri quam populi . in the laws of king ina , which florentius wigorniensis dates , ann. dom. 686. spelm. 692. lambert 712. we find these laws were made and wrote by the perswasion and advice of his bishops hedda and erkenwald ; and though the learned spelman excerps out of the body of those laws only those which more particularly relate to the church , as being only proper for this design , yet lambard mentions many civil matters there determined . and when the great league and union between the britons , saxons and picts was concluded , we find it ratified per commune concilium & assensium omnium episcoporum , procerum , comitum & omnium sapientum seniorum & populorum & per preceptum regis inae . the very manner of our passing laws in parliament now used in england , bed. eccles . histor . l. 1. in the laws of king athelstan about the year 924. ( spelm. 922 ) there 's no mention of any other counsellors for the enacting , though certainly the form was the same , but his arch bishop ufhelme and his other bishops , and these were at least the prime persons there , though the body of the laws concern secular affairs . spelman selecting only ecclesiastical , yet in the title he owns others passed . in the laws of k. edmund about 946. the king had a full meeting of ecclesiasticks , and laicks at london , in which were present odo and wulstan the arch bishops , none of the rest though without doubt there present once named . again 948. to a great convention of the estates at london under edred , writs of summons are issued out to the arch bishops and bishops , and yet their agitur de negotiis regni , ingulph . p. 87. spel. conc. p. 428. come we to the danes , 1021. we find a publick assembly called at winchester by canutus , where were present wulstan and adelholme the arch bishops with other bishops dukes and earls , &c. spelm. conc. p. 534. now dureing these two periods there 's no mention of baronies , but all the churches tenure was in pura eleemosyna , frank almoigne and the bishops sate onely as eminent prelates by vertue of their spiritual dignities ; for there being hardly any laws but some way or other concerning religion , and the good of souls : therefore in the enacting of them the cergy was ever required by our prudent ancestors . thus much for the grand assemblys , stiled usually by the learned knight sir henry spelman pan anglica and pan britanica . we will only mention the private statute of king edgar which was thus , ex omni comitatu bis quotannis conventus agitur cui quidem illius diocaesae episcopus & senator intersunto , quorum alter jura divina alter populum edoceto . nor doth mr. selden no friend of the clergy ever deny or question but the bishop was joyned in commission with the aarlderman , nay he expresly affirms the same titles of honour , l. 2. c. 5. hitherto of the british , saxon , danish governments , pass we down to the normans , and here we have king william solemnly with an oath ratifying the laws of st. edw. the confessor , and this particularly is added . si quis sanctae ecclesiae pacem infregerit episcoporum est justitia , lambard , p. 139. and in several old precidents of grants such clauses as these occur , nolumus quod libertas ecclesiae per nos vel ministros nostros quoscunque aliqualiter violetur & jura & ilbertates ecclesiasticas illaesas volentes in omnibus observari . yet more particularly in a charter to the church of st. pauls in london , tam liberam volumus ecclesiam , d. pauli london , quam sit anima mea in die judicii . and here now at last we come to that great change in the state ecclesiastick , the bishops who had ever enjoyed the privileges of majores thani among the saxons are translated to barons , which gave occasion to that groundless error of some , to date the first sitting in parliament hence , as if the conquerour to curry favour with the clergy , and the better to settle his new gotten kingdom , confered this honour upon them ; but certainly if there were truth in this , the clergy are much to blaim , and very ungrateful to their patron k. william , for that we find them loosers by his favours , and looked upon their condition under him much worse than before , and all the writers of that age must be corrected for representing him , as a perfect enemy of the church . to clear up this we will only give you one instance , cited from an old record , entituled , liber sancti albani . where we read this passage of frederick the then abbot of st. albans , that to obstruct the march of the conquerour , he caused all the trees round to be cut , and laid them cross the ways , wherewith the conquerour being stopt in his march sent in some passion for the abbot , who under his security coming to him , the conquerour demands the reason for the cutting down the woods , the abbot resolutely answers him , that i have done , but what became me , and if all the spiritual persons through the kingdom had used their endeavours against thee , as they might and were in duty bound to have done , thou wouldst never have been able to have entered the land thus far . the duke then replying , is the spiritualty of england of such power ? if i live and enjoy that , which i have gotten , i will make their power less . add to this that stategem of the kentishmen in surrounding the king , and forcing him to a composition , which they did under the conduct of stigand their arch-bishop , which thing ever after netled him , and that he was never heartily reconciled to the church . and proved afterwards as good as his word to the abbot , oppressing the clergy all his reign , bringing them under knights-service , and ordering how many souldiers each bishop should maintain for him and his successors : the church , as beforesaid , being ever free from that bondage . let no man then say , that the conqueror ( who was ever look'd upon by the bishops as their enemy ) did them any acts of grace or havour by erecting each bishoprick into a barony , which thing was ever by the bishops look'd upon as a grievance , and a more glorious piece of slavery . this was in deed a shrew'd shaking to the bishops , yet still they preserv'd their votes in all assembli●s , and parliamentary summons are ever directed archiep. ep. &c : all antient charters and grants subscribed after the usual form in those times , testibus archiep. ep. in a treatise entituled , the form and mannor of keeping parliaments , whereof it seems there are two very antient copies , the m. s. in arch bods , the other in sr. rober cottons library , the first of which was perused by mr. selden , and he allows it to be as long standing , as edw. 3d. but the lord chief justice cooke adds near 200 years more , and raises it to the conqueror's time ( which the title indeed pleads for ) we are here told , that 40 days before summons are to be issued out to the archbishops , bishops , and other great clarks , that held by county or barony , and that the clergy in each shire are to have two proctors representing them , which in some things had more power than the bishops , for we are there informed , that the k. may hold a parliament for the commonalty of the realm , without bishops , earls , or barons , so they had summons , though they come not , but on the cottrary , if the commonalty of the clergy and temporalty being warned , either doth not , or will not come , in this case whatever the king doth with his bishops , earls and barons is of none effect , for that to all acts of necessity the commonalty of parliament must consent , i. e. the proctors of the clergy , knights of the shire , citizens and burgess●s , for their persons represent the commonalty of england , but the bishops , earls , and barons represent only their own persons . there is , they say , another m. s. in bibl. cotton , confirming the same , and citing other large priviledges of the clergy , i know indeed mr. prinne hath questioned the authority of both these books , in bar of which i return the authority of cooke and selden , and particularly the first , who saith , in his institutes , that 26 spiritual persons ought ex debito justitiae , to have a writ of summons sent them every parliament . these things premised , we will now desire of the clergies greatest adversary that he would produce instances of any solemn meetings , wittena gemots or parliaments whereunto the clergy were not summoned ; any statutes publickly enacted during all the christian british , saxon , danish , or norman times , without their assistance and advice . as for the precedent of their exclusion under edw. 1. at the parliament held at st. edmondsbury , which some triumph in , if there be any truth in the narrative ( as hath been , and is still , questioned ) we know , and can prove , 't was done in a pett and transport of royal displeasure for their too obstinate adhering to the bishop of rome in the scottish quarrel , and for their noncompliance with their kings demands . who yet the very next parliament , about a year after , makes an apology for this charging all upon the exigencies of his affairs . and why should this single instance so circumstantiated be urged more against the clergy than that other is against the lawyers who were shut out of a parliament under henr. iv. where we yet find the bishops and amongst others , thomas arundel stoutly resisting and preserving the clergies temporalities , which these church-robbers gaped after , who , so they might spare their own purses were content to spoil their god to relieve their king. certainly if envy it self could have found the least colour of law to deny them this privilege it had never been reserved for this last , and our most unhappy age . many times have they been struck at , many great blows have they received , as at clarendon , under henr. ii. where their wings were indeed much clipt , yet their privilege of sitting and voting in parliament is left entire to to them for that the words are episcopi intersint curiae domini regis cum baronibus quousque perveniatur ad diminutionem membrorum vel mortem , and though they never voted of late in capital causes , yet that they however made their proxies i hope shall be made appear by what follows , together with their forbearing to vote in capital causes , and the reason of it shall be farther discoursed of . chap. vii . the estate of the bishops and clergy from the conquest ( as to their voting in capital causes in parliament ) till the times of king henr. viii . vve have before intimated the common usages and rights of the bishops to sit and vote in parliaments in all antient times , and that as peers and barons of the realm , we now aver they have a power to sit and vote in all , as well criminal as otherwise , either by themselves or proxies lawfully constituted , which is a privilege of the peerage , and therefore , belongs to the bishops as such , 't is very well known what mr. selden hath wrote in his book of the privileges of the peerage of england , that the bishops was debarred of their privileges by an act of parliament 17 car. i. ann. 1641. and that he was a great notorious stickler in it , but 't is as notorious that not long after we find the commons , nay a small and inconsiderable part of that house , voting the temporal lords useless and dangerous , and that how they were enabled by being assisted by the help of cromwell the late usurper , and the army , to accomplish what they had begun , and the bad consequence of all we have seen with our eyes , and bishops god be thanked restored to their undoubted rights and privileges , and that for as much as they were equally barons ( nay the bishops had usually the first in summons ) they have also equal privileges to make their proxies in parliament as the temporal barons had , we confess , as before , for that they were spiritual persons they were not by the council of clarendon to sit in capital causes , and loss of limb , but then we must know that long before this they both had and exercised this power , as may be made appear out of john crampton's chron. c. 24. where amongst the laws of athelstane we read , episcopo jure pertinet omnem rectitudinem promovere dei ( viz. ) & saeculi & debent episcopi cum saeculi judicibus interesse judiciis , and the ordering of all the measures and weights is there made of episcopal cognizance the standard being still left in the bishops hands , and out of sir henry spelman's glossary , voce comes . comes praesidebat foro comitatus non solus sed junctus episcopo , ut alter alteri auxilio esset & consilio , praesertim episcopus comiti nam in hunc illi animadvertere saepe licuit & errantem cohibere , so much confidence did the antients repose in the clergy that the guidance and overseeing of most temporal affairs was entrusted to them , nay , they had a check upon the laity . and thus lovingly with all sweetness and candor for 4 or 500 years , during all the saxons times and till that unhappy division by the conquerour , who defaced this beautiful and regular composure did the church and state-officers sit together in the morning determining ecclesiastical affairs , and in the afternoon civil . there were then no jars or clashings of jurisdictions heard of , no prohihitions issuing out of one court to obstruct the course of justice in another ; thereby hampering the poor client that he knew not which way to turn himself ; and i am perswaded there is no better expedient to prevent lasting vexatious suits , and to relieve the oppressed , than again to reconcile these two jurisdictions , that according to the primitive usage as well spiritual as temporal judges may be appointed in all courts , that moses and aaron may not interfere and quarrel , but walk hand in hand . though i know this design does not rellish with many of the long robe , yet 't is feared that attempting some such thing purchased the late archbishop laud no few enemies and was one especial cause of hastening his ruine : yet we find mr. selden a lawyer too , lib. 2. de synedriis , proving that for the first 4000 years and better the civil and ecclesiastical courts continued united , and the first distinction proceeded from pope nicholas , gratian. distinct . 96. c. cum ad verum , and that the clergy do not meddle personally to vote in loss of life or limb proceeds from the canons of the antient church which forbad their presence in cases of blood , but i hope that no sober man will hence argue that they being barons of this realm they must lose their priviledges which belong to the spiritual lords as well as to the temporal ; viz. to make proxies though in capital causes ( when by the antient canons of the church they are forbid to be present , ) which they have done , and still have right to doe comes next to be discoursed of . and ( first ) i shall make use of mr. selden's authority , though no friend to the bishops , ( for reasons he best knew of ) who expressly saith in his book of the priviledges of the barons of england , printed 1642. that omnes praelati , magnates , &c. has this priviledge . introduct . though he says there they had lost it by the parliament 17 car. 1. 1641. i hope now they are restored to it again , that they had before he gives you sundry instances cap. 1. these are his words § 2. that the course of elder time was not that barons onely made proxies but other men , as bishops , and parliamentary abbots , and priors , who gave their letters usually to parsons , prebendaries , and canonists . in the parliament of carlisle under edw. 1. the bishop of exeter sent to the parliament henry de pynkney parson of houghton as his proxy . the bishop of bath and wells sent william of cherlton a canon of his church , and in like sort other of the spiritualty of that time , in the beginning of the 17th year of king richard the second the bishop of norwich made richard corqueaux being then deane of the arches , thomas hederset being archdeacon of sudbury and john thorp parson of epingham his proxies by the name of procuratores sive nuntii , and in the same time the bishop of durham ' s proxies were john burton canon of bewdley , and master of the rolls and john of wendlingborough canon of london , and other like in the same time . by which also that of the preamble of the statute of praemunire is understood , where it is said that the advice of the lords spiritual that was present and of the procurators of them that were absent , was demanded . the like under henry the 4th and 5th , are found in the rolls , and under henr. 5. the archbishop of york gives the proxies to the bishop of durham , and to two other clerks of his province . nay farther , that the bishops used to give their proxies in cases of attainder , the said mr. selden expresly saith in the place forecited , and also what sort of persons they used to make their proxies , he there likewise tells you , adding withal this unhandsom reflexion , that the lords spiritual had so much mistaken of late the laws of the kingdom , and the original of their own honours by endeavouring to enlarge the kingdom of antichrist , that they had now ( he means , a. d. 42 ) lost both priviledge and vote in parliament . all sharp , reply to which i shall purposely forbear . and secondly , proceed to shew you express precedents wherein they have voted either personally , or by proxies in capital causes , and here i will produce mr. selden himself , the bishops adversary become their advocate , who saith expressly p. 125. lib. cit . that though in the case of appeal of treason in a parliament of the 11 of richard the second , commenced by thomas duke of gloucester and others against alexander archbishop of york , robert de vere , &c. they absented themselves , i mean , the whole spiritualty in that parliament , and would make no proxy in their room for that time , yet afterwards they agreed to do it in cases of judgments of death , rot parl. 2. henr. 4. & rot. parl. 2. henr. 5. but he there saith , that the first use of such proxies was 21 ric. 2. so that we have him confessing the bishops sitting in cases of blood by their proxies , the next authority i shall make use of , is a parliament roll it self , of that year as i find it in sir robert cotton's collections intituled as followeth . placita coronae coram domino rege in parliamento suo apud wegmonast . diae lunae proximae post festum exaltationis sanctae crucis anno regni regis ric. 2. post conquestum 21. the roll it self you may see in the tower among the records there kept . it is of an impeachment of the earl of arundel and warr. &c. for treason , &c. the articles were exhibited against him by several lords , as edward earl of rutland , thomas earl of kent , john earl of huntington , &c. which the said lords were ready to prove the crimes objected , and demanded the prisoner to be brought to the bar , which the lord nevil then constable of the tower did , and the aforesaid lords in their own persons appeared also . his articles being read , the earl of lancaster lord steward of england by the king's commandment , and assent of the lords , declares the whole matter . and thereupon the said earl's answer to the articles was demanded , who pleaded two pardons , and prayeth they may be allowed , but they were not , whereupon sir walter clopton lord chief justice demands of him what he had farther to say , for that if nothing more to say the law would adjudge him guilty . and the said earl not pleading any thing else , the lords appellants in their proper persons require that judgment may be given against the said earl , as convict of the treason aforesaid . whereupon the lord steward of england , by the assent of the king , bishops and lords , adjudged the said earl guilty and convict of all the articles aforesaid , and thereby a traitor to the king and realm , and that he should be therefore hanged , drawn , and quartered , and forfeit all his lands in fee , &c. though the punishment , in regard he was of noble blood , was changed , and he was ordered to be beheaded ; which was done by the lieutenant of the tower , and this is a short account of that trial for blood in parliament . where 't is plain and evident that the bishops were there present , for 't is said , that the said earl was adjudged guilty and convict by the assent of the king , bishops and lords . q. e. d. next we will produce another instance and precedent of the condemnation of thomas arundel archbishop of canterbury , who was accused by the commons in full parliament , die & loco praedictis , where we find the commons by their speaker sir john bussy petitioning the k. in manner following . for that divers judgments were heretofore undone , for that the clergy were not present , the commons prayed the king that the clergy would appoint some to be their common proctor with sufficient authority thereunto . whereupon the clergy appoint thomas de la percy by their instrument their proctor , who together with the king and the said lords adjudged him the said archbishop guilty of treason , and himself a traitor . the crimes objected to him was his traiterous obtaining a commission from the king , whereby the kings royal power was encroached , his subjects put to death without royal assent , &c. for all which he was found guilty as aforesaid . what i observe in brief is this , from this trial. ( 1. ) that there had been divers errors in judgment , which judgments were in law void , for that the bishops were not present , ( 2. ) that hereupon the commons petitioned the king that the bishops would appoint their proxy , and which accordingly they did thomas de la percy . ( 3. ) he was condemned by the said court wherein sate percy accordingly . ( 4. ) that the said bishops did not vote there personally , for that the arch-bishop their primate was arraigned and it might not be seemly for them so to do . and here we have the case adjudged , judgments in parliament revers'd , for that the bishops were not present by themselves or proxys , the commons petitioning the king that they would make proxys , a judgment obtained for that the bishops had made their proxys . q. e. d. and if any be not satisfied , they may see the roll of parliament as before , among the records in the tower to which they are referred . furthermore to make another discovery of the inconstancy of the said mr. selden , i find him in his titles of honour in the latter end of his book , confessing that thomas becket arch-bishop of canterbury was condemned by the bishop of winchester in case of high treason , vid. titles of honour . and if any person would but a little reflect upon the reason , why the bishops have not sometimes voted in cases of blood but by their proxies ? ( viz. ) their respect they had to the canons of the primitive church , which might give them umbrage for their so doing : and together with this , what hath been said before , of their being frequently appointed by the king , and acting as lord chief justices of england , any person of an ordinary capacity may guess at the reason of their forbearing to judge in matters of blood for the reason aforesaid , and their ready and chearfull compliance with their princes command ; when by the law of this land they were enabled so to do , and which is a sufficient supersedeas to the former canon of the church . another precedent we have of the bishops personally sitting in parliament held at westminster on monday next after the feast of all saints , in the 3d , of hen. 5. wherein henry bishop of winton was chancellour , wherein was tryed richard earl of cambridge and others for treason , for having levyed men against the king , and procured edmund earl of march as heir to rich. 2. to take upon him to be king of england , and had proclaimed him such in wales , and set one thomas trompington an ideot and scotchman to personate rich. 2. where the said earl , and others his adherents in that action , were tryed and found guilty ; the lords spiritual in parliament being present , &c. see the records in the tower , parl. 3. h. 5. p. 2. m. 4. many other precedents of a later date and time might be here ex superabundanti added , but i shall referr them for the matter of another chapter , they being all of them taken out of the journals of the lords house beginning in 32 hen. 8. and ending 29. eliz. 2. i might have enlarged in these which i have taken out of the tower , but i have purposely forborn to do it ; for that i find mr. selden himself in the days of 1642. granting me the matter of fact as clear and evident from the ancient records in the tower , of the spiritual lords priviledges in this matter . and will now proceed to another argument that the bishops have right to sit in all cases as well capital as civil . for that ( 4. ) they are undoubted peers of the realm ; which also i find mr. selden himself granting in his priviledges of the barronage of england , p. 192. for there he saith , though some have doubted ( we know whom he means ) whether the spiritual barons are peers , he saith there , that they are so , is true and plain , and the testimonies many & various , as in the bishop of winchester ' s case , who departed from the parliament at salisbury about the beginning of edw. 3. and was questioned for it afterwards in the kings bench he pleaded to the declaration , quod ipse est unus e paribus regni & prelatus , and in that short disputation of the case , which is left in the year books ; he is supposed both by the court and council to be a peer . but for this if his authority be not good , the year books themselves may be seen . bishop of winchesters case , year book , 3 of edw. 3. and pas . 3. edw. 3. coram rege rot. 9. rep. so afterwards see the bishop of londons case in the year book , 3 edw. 3. in a writ of wards brought against the bishop of london ; he pleaded to issue , and the defendant could not have a day of grace ; for he said ( as the words of the books are ) that a bishop is a peer of the land , & haec erat causa , year book , 3 edw. 3. fol. 186. pl. 28. and in a like case , an action of trespass against the abbot of abington who was one of the lords spiritual , day of grace was denyed against him , because he was peer de la terre , 13 edw. 3. titulo enquest . so expresly upon a question of having a knight returned into a jury where a bishop was defendant ; the rule of the court was that it ought to be so , because the bishop was a peer of the realm , plowden comment . pl. 117. so the judgment given against the bishop of norwich in the time of rich. 2. he is in the roll expresly allowed to be a peer . we find also stafford arch bishop of canterbury upon his being excluded the parliament under edw. 3 , thus challenging his place , ego tanquam major par regni post regem vocem habens jurae ecclesiae meae tantum vendico , & ideo ingressum in parlimentum peto . the same may be made out farther by an assignment of errors under hen. 5. for the revearsal of the attainder of the earl of salisbury , one error is assigned that judgment was given without the assent of the prelates which were peers in parliament , which is clearly allowed in the roll and petition too , that they were peers . so also in an act of parliament under the same king , sta● . 4. hen. 5. c. 6. where the arch-bishops and bishops are called peers of the kingdom . but of the truth of this mr. selden himself saith , that no scruple could ever be made till the unhappy act of the 17 car. 1641. and how that act was procured we all know , how full of tumults and uproars were those times ? to how great a distress was majesty then brought ? how many repulses did it meet with ? was it not past to serve the present interest ? and by what subtile contrivance was it at last carried it is very well known ? have we not reckoned the date of our late embroilments and wild confusions from this fatal apocha ? under what miseries , violencies , and rapins hath not our native country for 20 years time from hence to be reckoned , with so much pitty from all true-hearted english-men long laboured and groaned ? and the whole christian-world about us stood amazed and agasht . all the wealth which the piety of our forefathers had been so many years in heaping up , all their priviledges which their prudence had so deliberately conferred , being in a few days passion swallowed up . had those good men , the then bishops , unadvisedly acted any thing against their prince or kingdom , could no personal-fine or punishment expiate their crime and fault ? must the whole order be raized , and episcopacy it self destroyed root and branch ? must so many merits of their worthy predecessors be buryed in the grave of ungrateful oblivion ? it were an easy matter to produce a large catalogue of eminent prelates , who by their prudent advice have oftentimes prevented bloodshed , preserved peace , saved a sinking kingdom and a dying religion , many good works have they done amongst us , many colledges and schools erected and endowed , many material churches by their munificence , and living temples of the holy ghost built by their ministry ; and for which of these must they now be thus dealt withal ? thus disfranchised ? that they who heretofore carried the principal stroke in all cabinet counsels and publick diets , are acknowledged in several recorded statutes of this kingdom , an high , and one of the greatest estates of this kingdom , as particularly 8 eliz. c. 1. that they are peers of this realm , 25 edw. 3. c. 6. before recited , and 4 henr. 5. c. 6. must now be debarred those immunities of which our nation hath ever reaped the greatest benefit , they must be curtailde in , or excluded from , what is their just right , to vote as peers in the higher house of parliament , certainly 't is now high time , if ever , for men to relent of their merciless cruelty to to learned industry ; the crafty jesuite , who is now at our doors , thinks his day is coming , this will make him keep a jubile , to see england fall again by her own hands . how much ground hath he got by debasing and pouring contempt on our english clergy , ( of all the world ) whom he most dreaded ? let us but enquire of other nations , our neighbours , and they will tell us , that the english divine is the terrour of the papal world , aud that they have wrote more , and better , against rome , than all the world besides . we ought not to take pleasure in upbrading an ungrateful nation : but is this the reward of their unwearied pains , incessant studies , early rising and late watching , beating their brains , wasting their bodies , and contracting incurable diseases , neglecting their families , relations , and accquaintance for the glory of god and good of their countrey ? must they onely have discouragements heaped upon them , bread and water , and raggs ( if some men had their will ) thought to good for them ? must another profession , of which a forreiner , by way of disdain , said , causid●●i angli gens indoctissima ultra doroberniam nihil sapiunt ? must they get honour , riches and preferments without the regret and frowns of any , nay more in 60 years last past than divinity in 600 preceding , and if the matter was not invidious i could easily make appear : 't was an old saying , nulli sua pietas debet esse damnosa , in earnest , this is not for the honour of the gospel , neither doth it become the reformation . of late years some of the long robe , no well wishers to the church , whose names i forbear , have started a very unhappy and destructive notion , and not over beneficial to the english scepter ; and there yet want not those who with much industry keep this notion up , that the three estates of this nation consist of king , lords and commons , which how far it may countenance former actings and endanger future disturbances , i humbly submit to the prudence of those who sit at the helm , and are much better able to determine than my self ; but the consequences of that opinion seem directly to aim at the leveling of sovereignty , and making it accountable to the other two in their esteem coordinate estates . now by restoring the spiritualty the only true third estate to its due rights and antient priviledges , for that it is the true third estate , the lord chief justice cook saith in the fourth of his institutes and the act of parliament of the 8 of eliz. c. 1. speaks to the same thing , this may be the most ready and most natural expedient to remove that destructive and dangerous opinion out of the minds of an unlearned and fickle multitude . so may the crown be safe , and the mitre no longer trampled on . et quae deus olim conjunxit , nemo hoc sequiori saeculo seperet , faxit hoc deus qui solus potis est ! chap. viii . precedents of the bishops sitting and voting in capital causes from the reign of of king hen. 8. till the 29th of eliz. i shall begin with the attainder of cromwel earl of essex , who was attainted in parliament for treason , &c. the articles are every extant , and may be seen ; the first reading of his bill , as i find it in the journal of the lords house was upon the 17th of june , 32. hen. 8th , at which reading were present fourteen bishops ; who they were you may see in the journal ; at the second reading , which was the 19th of june of the said year , 32. hen. 8. were present sixteen bishops , whose names , and sees there you may find ; at the third and last reading , were sixteen likewise , vid. journal ut supra , the bill it self past the royal assent , the 24th of july following , when were 14 bishops present . the next shall be the attainder of tho. duke of norf. and henry earl of surry . 38. h. 8. this also was an attainder in parliament : the first reading of the bill against these noble lords , was on the 18th of january , anno regis supra dicto , when were present ten bishops ; the second reading , was the day following , when were present nine bishops : the third and last reading was on the 20th of the same moneth , when were present thirteen bishops ; the bill past the royal assent , january 27th , 38. hen. 8. the bishops likewise then present . the third instance of hen. d. of suffolk , which indeed was an attainder at common law , but afterward confirm'd in parliament . a. 1 & 2. phil. et mar. at the first reading were present 12 bishops : the bill was read , 5 jan. anno supradicto , at the 2d . reading , which was two days after on the 7th of january were present eleaven bishops ; and on the next day , the bill had its last reading in the lords house , at which were present eleaven bishops : the lords spiritual , were likewise present at the passing of the bill ; which was on the 21 of jan. following ; in each of these , the journal if consulted will satisfie any . the 4th precedent shall be in seymore the lord admiral , who was attainted for treason , in the 2d . of edw. 6. for that he purposed to destroy the young king , and to translate the crown unto himself ; for which , and other crimes objected , he suffered death , on the tower-hill : at his attainder were present nineteeen bishops . i might have before added the case of the lord hungerfords-attainder in parliament ; who was condemned in parliament , in the 32. of hen. the 8th . at whose tryal and condemnation , were present no fewer than seaventeen bishops , vid. journal of the lords house , i will only add two more precedents , and close with them ; they are in the reign of the peaceable queen elizabeth , in whose times if ever , the actings in parliament were regular , and orderly : the first is , the case of the earls of northumberland and westmoreland , for their rebellion in the north , and endeavour to bring in popery , at whose condemnation were present thirteen bishops , vid. journal , and lastly that of pagets , in the 29th of the said queen , at which were ten bishops , vid. journal as before : i shall only add one thing more , and that is the protestation of the bishops . 11. r. 2 where they give the reason why they refused , to be put in some parliaments , their words quia in hoe parliamento agitur de nonnullis materiis in quibus non licet nobis juxta sacrorum canonum instituta quomodolibet personaliter interesse ; but they there add a salvo to their right , in the beginning of their protestation . quod ad archiepiscopum cantuar. qui pro tempore fuerit , n●c non caeteros suos suffraganeos confratres , co-episcopos , abbates et priores aliosque praelatos quoscunque baroniam de domino rege t●nentes in parliamento regis ut pares praed . personaliter interesse pertinet , ibidemque de regni negotiis & aliis ibi tractari consuetis cum caeteris dicti regni paribus & aliis consulere , ordinare , statuere desinire ac caetera facere , quae parliamenti tempore ibid. intendet facien ' , &c. t is true indeed , that as they never intended , but that the appeals , pursuites , accusations , judgements , had and rendred , &c. upon their voluntary absenting themselves ; they should be good and valid in the law , as their protestation expresly granteth : yet by the same their protestation , they reserve their right of being present , &c. doing every thing else which any other peer , though temporal might do . and that they did vote in the 21st of this kings reign , by their proctor in the condemnation of the arch-bishop of canterbury ( yea and upon the commons petition too , for that many judgments had been reversed , for that they were not present as is before proved ) and personally also in the condemnation of the earl of arandel and wardour , &c. the duke of lancaster being then lord high steward , vid. plaoit . coron &c. 21 ric. 2. in the records in the tower. the roll marked with the letters f. i. it is well known that out of respect to the constitution made in the council held at westminster . that no clergy-man should agitare judicium sanguinis . ( this council is mentioned in r. hovenden in h. 2. p. 30. ) the clergy have some time forborn to intermeddle in such matters : and on the other side 't is as notorious , that many of that order have been lord chief justices of england , and that none have discharged that office better , more to the content of the king and subject , and the benefit of the whole commonwealth . finis . notes, typically marginal, from the original text notes for div a45195-e370 ad. sec. 1. * euseb . ecc. hist . 10. c. 7. zom . l. 1. c. 9. exerc. 13. c. 5. a discovrse concerning the svccesse of former parliaments may, thomas, 1595-1650. this text is an enriched version of the tcp digital transcription a50364 of text r2156 in the english short title catalog (wing m1404). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 18 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a50364 wing m1404 estc r2156 12689245 ocm 12689245 65823 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a50364) transcribed from: (early english books online ; image set 65823) images scanned from microfilm: (early english books, 1641-1700 ; 252:e154, no 51) a discovrse concerning the svccesse of former parliaments may, thomas, 1595-1650. [2], 12 p. [s.n.] imprinted at london : 1642. author's name appears in the 2nd (1644) ed. cf. dnb. reproduction of original in thomason collection, british library. eng england and wales. -parliament. a50364 r2156 (wing m1404). civilwar no a discourse concerning the successe of former parliaments. may, thomas 1642 3150 6 0 0 0 0 0 19 c the rate of 19 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2005-06 tcp assigned for keying and markup 2005-06 apex covantage keyed and coded from proquest page images 2005-07 simon charles sampled and proofread 2005-07 simon charles text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion a discovrse concerning the svccesse of former parliaments . imprinted at london : mdcxlii . a discovrse concerning former parliaments . sir : i have , according to my small abilitie , and the shortnesse of time , fulfilled your command , in sending to you this briefe and plaine discourse concerning the ancient opinions and esteeme of english parliaments ( for that was all which you desired ) without any reflection upon the proceedings of this present parliament : accept it only as a plaine peece of common talk , which i would have delivered , had i beene present with you : such discourses need no dresse of rhetorique . the constitution of our english monarchy is by wise men esteemed one of the best in europe , as well for the strength and honour of the prince , as the securitie and freedome of the people ; and the basis , on which both are founded , is the conveniencie of that great councell , the high court of parliament . without which neither can the prince enjoy that honour and felicitie , which philip de commines , a forrainer , so much admires , where he delivers what advantages the kings of england have by that representative body of their people , by whose assistance in any action they can neither want meanes , or lose reputation . nor on the other side , can the people have any possibilitie of pleading their owne rights and liberties . for in the interim betweene parliaments , the people are too scattered and confused a body , to appeare in vindication of their proper interests ; and by too long absence of such assemblies they would lose all . for ( as iunius observes ) populus 〈◊〉 heritatem sua●… tac●tè non ut endo amitti● ; sic plerumque accidit ut quod omnes curare tenentur curet nemo , quodomnibus commissum est , nemo sibi commendatum putet : the people insensibly lose their power for want of using it : for so it happens , that what all should look after , no man does ; what is committed to all , no man thinks his owne charge . and in that interim it happens , that those optimates regni ( as he speaks ) who under the prince are entrusted with government , meaning councellours , judges , and other great magistrates , either through feare , flatterie , or private corruption , doe often betray the peoples rights to the prince . the state of government standing thus ; if distempered times happen to be ( as our chronicles have shewed some ) where by dissention betweene prince and people , the kingdomes ruine hath beene endangered , it doth not so much prove that the english government is not the best , as that the best government may be abused . for in everie monarchy , how limited soever , the prince his person is invested with so much majestie , that it would seeme a mockerie in state , if there were no considerable power entrusted into his hands ; yea , so much as that , if he be bad or weak , he may endanger the ruine of the kingdome ; so necessary is it for all humane ordinances , how wise so ever , to leave somewhat to chance , and to have alwayes need of recourse to god , for his assisting or curing providence . and though the kingdome of england , by vertue of the government thereof , will be as hardly brought into a confusion , as any in europe ; yet there is no warrant against the possibilitie of it . for it was ever heretofore seene , that our parliaments were rather a strength and advantage to an honourable wise prince , than a remedy against a bad or weak one ; or , if wee change the expression , they were rather an excellent diet to preserve a good raigne in strength , than physick to cure a bad one ; and therefore have been as much loved by sound and healthy princes , as loathed by them that were out of temper ; the later having thought them a depression of their dignitie : as the former have esteemed them an advantage to their strength . so that in such times only the true convenience of that great councell hath been perceived by england , and admired by forreine authors : in the other times it was , that those wittie complaints have been in fashion ( as sir robert cotton speaks of a bad time ) that princes in parliaments are lesse than they should be , and subjects greater . but on the contrarie , that they have been an advantage to kings , the constant series of our historie will shew . 1. by those great atchievements which they have enabled our wise kings to make , who were most constant in calling them , and consenting to them . 2. that no one prince was ever yet happie without the use of them . it may therefore seeme a paradox , that any prince should disaffect that which is so high an advantage to him , and a great wonder , that some kings of england , not vicious in their dispositions , nor verie shallow in their understandings , have so much kicked against parliaments . and that such have been ( before we shew what reasons may be of it ) see the characters of some princes , whose successe and fortunes are knowne to all that read the histories , as they are delivered by polydore virgil , who in his sixteenth book speaks thus of henry the third : fuit ingenio miti , animo magis nobili quàm magno , cultor religionis , adversus inopes liberalis . hee was of a gentle nature , a mind rather noble than great , a lover of religion , and liberall to the poore . in his eighteenth book thus of edward the second ; fuit illi natura bona , ingenium mite , quem primò juvenili errore actum in leviora vitia incidentem , tandem in graviora malorum consuetudines & consilia traxerunt . non deerant illi animi vires , si repudiatis malis suasoribus illas justè exercuisset . he was of a good nature and mild disposition , who first by the errours and rashnesse of youth falling into small faults , was afterwards drawne into greater , by the societie and counsels of wicked men . there was not wanting in him a strength of mind , if avoyding evill counsell , hee could have made a just use of it . and in his twentieth book , thus of richard the second ; fuit in illo spiritus non vilis , quem consociorum improbitas , & insulsitas extinxit . he was of a spirit not low or base , but such as was quite destroyed by the wickednesse and folly of unhappy consociates . a reason of this accident may be , that their soules , though not vicious , have not been so large ▪ nor their affections so publike , as their great calling hath required ; but being too much mancipat d to private fancies and unhappie favourites , and long flattered in those affections under the specious name of firmnesse in friendship , ( not being told that the adaequate object of a prince his love should be the whole people , and that they who receive publike honour , should returne a generall love and care ) they have too much neglected the kingdome , and grow at last afraid to look their faces in so true a glasse as a patliament , and flying the remedy , encrease the disease , till it come to that unhappie height , that rather than acknowledge any unjust action , they strive for an unjust power to give it countenance , and so by a long consequence become hardly reconcilable to a parliamentarie way . such princes ( though it may seeme strange ) have been a greater affliction to this kingdome , than those who have been most wicked , and more incurable for these reasons . 1. they have not been so conscious to themselves of great crimes ; and therefore not so apt to be sensible of what they have beene accidentally made to doe against their people by evill counsell , whose poyson themselves did not perfectly understand . and therefore they are more prone to suspect the people , as unkind to them , than themselves as faultie , and so the more hardly drawne to repent their actions , or meet heartily with a parliament . 2. the second reason is from the people , who naturally looke with honour upon the prince , and when they find none , or few personall vices in him ( not considering that the true vertues of princes have a larger extent than those of private men ) will more hardly be brought to think , though themselves feele , and suffer for it , that he is faultie ; and therfore sometimes ( which would hardly be beleeved , if experience had not shewed it ) the people have been so rash as that to maintaine for the king an unjust prerogative , which themselves understand not , they have to their owne ruine , and the kings too ( as it hath after proved ) deserted that great councell whom themselves have chosen , and by whom only they could be preserved in their just rights ; untill too late , for the kings happinesse and their owne , they have seene and repented their great folly . such a desertion was too sadly feene at the end of that parliament of edward the second , where the two spencers were banished , and the tragicall effects that followed , when the king found so great a partie both of clergie and laitie , as enabled him to call home againe his banished favourites , and proved fatall to so many parliamentarie lords , as the like execution of nobilitie had never before beene seene in england : over whose graves the people afterwards wept when it was too late , and proceeded further in their revenge , than became the dutie and allegeance of subjects . it is therefore a great mis-fortune to england , and almost a certaine calamitie , when the distempers of government have been let grow so long , as that for their cure they must need a long parliament . for there are no wayes , how just , how moderate soever they be , which that great councell can take ( if they go far enough to make the cure ) but will provoke , either by the meanes , or the length of them , the prince his impatience , or the peoples inconstancie . for the first ; the delinquents must needs be many and great ▪ and those employed , and perchance highly favoured by him , besides the reflexion which is made upon his judgement by their sufferings , and that will be one reason of his impatience . another is , that many prerogatives which were not indeed inherent in the crowne , but so thought by the prince , and by him and his bad councell long abused , to the prejudice of the people , with some seeming advantage to him ▪ ( though well weighed they brought none ) are then after a long sufferance called in question . for the people are used to entrust kind princes with many of their owne rights and priviledges , and never call for them againe till they have beene extremely abused . but at such a time to make all cleare after so long a reckoning ( and those long reckonings in state being commonly fatall ; for parliaments have seldome beene discontinued , but by such princes whose governments in the interim have been verie illegall ) they usually question so much , as that the prince thinks himselfe hardly dealt withall , such a prince as we spoke of , who not bad in himselfe , but long misled by wicked counsell , was not enough sensible of the injuries he had done . the second obstacle that such parliaments may find is the peoples inconstancie ; and what age is not full of such examples which before we name , let us consider whether there be any reason for it ? this perchance may be one , that the people naturally are lovers of noveltie , affecting with greedinesse everie change , and againe loathing it when it ceases to be a noveltie . long-discontinued and reforming parliaments seemes to carrie the face of a change of government , and those things may then happen which doe in the shift of princes , that some people may for a while flatter themselves with new and strange hopes , that prove frustrate ; or else with quicker redresses of inconvenience , than the great concurrence of so many weightie businesses can possibly admit , how industrious soever that great councell be , distracted with so great a varietie ; and the people after some time spent , grow wearie againe of what before they so long had wished to see . besides , the people are more and more poysoned daily by the discourses of the friends , kindred , and retainers to so many great delinquents , as must needs be at such a parliament : who , though they be no considerable partie in respect of the whole common-wealth , yet ply their particular interests with more eagernesse than most doe the publike . they subtilly perswade the people , that whatsoever the parliament does against those great delinquents is aimed against the kings honour , and that he is wounded thorow their sides . and this opinion is somewhat furthered , when the people fee how many prerogatives of the prince ( as wee said before ) are after long enjoying called in question . so that by this meanes their inconstancie seemes to be grounded upon loyaltie to the king , and they ( perchance with honest , but deceived hearts ) grow wearie of the great councell of the land . another reason may be , that the prince himselfe averse from such a parliament , for the reasons aforesaid , can find power enough to retard their proceedings , and keep off the cure of state so long , till the people tired with expectation of it , have by degrees forgot the sharpnesse of those diseases , which before required it . by this meanes at last , accidentally a miracle hath been wrought after a long parliament , which is , that the people have taken part with the great delinquents against the parliament , for no other reason , than because those delinquents had done them more wrong than the parliament could suddenly redresse . and so the multitude of those great delinquents crimes hath turned to their owne advantage . but in such reforming parliaments , upon whom so much businesse lyes , not only the inconstancie of the people hath been seene in historie , but the unstedfastnesse of the representative body it selfe : and the distractions of that assembly , whilst they forsake each other under so great a burden , have let that burden fall dishonourably to the ground . the most unhappie instance in this case , was that parliament of richard the second begun at westminster , and adjourned to shrewsbury in the nineteenth yeare of his reigne ; a parliament that discharged their trust the worst of any that i read of ; where there was as much need of constancie and magnanimitie as ever was , to redresse those great distempers which were then growne upon the state ; and as much mischiefe ensued by their default , both upon prince and people , which might have beene well prevented , and his happinesse wrought together with their owne ( in the judgement of best wtiters ) if they had timely and constantly joyned together in maintaining the true rights of parliament , and resisting the illegall desires of their seduced king . but being fatally distracted , the major part of lords and bishops wrought upon by the king , and the house of commons too far prevailed with by bushy the speaker , and his instruments , they utterly deserted the common-wealth , and looking only upon the kings present desire , assented to such things as made the prerogative a thing boundlesse ; that he himselfe ( as the storie reports ) was heard glorying to say , that there was no free and absolute monarch in europe but himselfe . upon which , the same bad counsell which had before brought him out of love with parliaments , brought him to as great an abuse of that power which hee had now gotten over a parliament . and then followed the blank charters , and other horrid extortions , besides the suffering of some lords , whom the people most loved ; and shortly after , by a sad consequence , his owne ruine . nor doe wee read that any of those lords , who under colour of loyaltie and love ( as they called it ) to his person , had trodden downe the power and priviledge of a parliament under his feet , had afterwards so much loyaltie to him , as to defend his crowne and person against the force of an usurper , who without any resistance or contradiction unjustly ascended the royall throne : the sad occasion of that miserable and cruell civill war , which in the following ages so long afflicted the kingdome of england . this was the worst example of any parliament ; but in other times , though bad too , they have proved better physick than any other earthly wayes or meanes could be ; yet their greatest vertue and excellencie is seene , when they have been used as a diet by honourable and just princes , such as this nation hath been often blest with ; and such who have thought it no disparagement or depression of their dignitie , to be ruled by the sway of that great councell , than a wise guider of a ship would think it to follow his compasse , or any mathematician to be directed by his necessarie rules and instruments . finis . to the army penington, isaac, 1616-1679. this text is an enriched version of the tcp digital transcription a90400 of text r211348 in the english short title catalog (thomason 669.f.22[12]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a90400 wing p1213 thomason 669.f.22[12] estc r211348 99870078 99870078 163595 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a90400) transcribed from: (early english books online ; image set 163595) images scanned from microfilm: (thomason tracts ; 247:669f22[12]) to the army penington, isaac, 1616-1679. 1 sheet ([1] p.) s.n., [london : 1659] signed at end: isaac penington, the younger. imprint from wing. an exhortation to humility. annotation on thomason copy: "xber. [i.e. december] 1. 1659". reproduction of the original in the british library. eng england and wales. -army -early works to 1800. soldiers -religious life -england -early works to 1800. a90400 r211348 (thomason 669.f.22[12]). civilwar no to the army. penington, isaac 1659 404 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 tcp assigned for keying and markup 2007-07 aptara keyed and coded from proquest page images 2007-08 pip willcox sampled and proofread 2007-08 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the army . friends , do ye not see how often ye have been betrayed ? the lord hath done great things for you , and by you , and put great opportunities into your hands ; but still they have been lost , his work fallen to the ground , and his name become a reproach over all the earth , through your means . o be abased before the lord , and lie very low , and consider how justly he may lay you aside from being his instruments , in that great and glorious work he hath to bring to pass . if ye desire to stand , look up to the lord to keep your spirits very low , and poor , and meek , and ready to hear . o wait to know what hath betrayed you hitherto ! for assuredly that lies in wait to betray you again : and if the lord mightily preserve you not from it , will make you forget him , and cause you to mind and seek your selves afresh , so soon as ever your fears are over . therefore in the day of your prosperity the lord watch over you , and keep you close to the stirrings and honest movings for publick good , that have sprung up in your hearts in the dayes of your adversity : and take heed , lest the subtilty in the wise fleshly-reasoning part deceive you . but fear the lord in your reasonings , and beg earnestly of him to keep the simplicity alive in you , that the fleshly wisdome get not mastery over it . for the evil counsellour is neer you , even in your own bosomes , and he lies lurking in plausible , & fair-seeming reasonings . therefore keep close to the simplicity , and let your reasonings be servants to it , and not masters over it . ah remember how often ye have started aside like a warping bow : become now at lengtht uprigh to the lord , carrying faithfully to the mark those his arrows , which he is shooting at the regions of babylon . this is from one who waits for what the lord will effect , and hopes at length to see an instrument in his hand , wherein his soul will delight . isaac penington , the younger . double your guards; in answer to a bloody and seditious pamphlet, entituled an alarum to the armies of england, scotland, and ireland. l'estrange, roger, sir, 1616-1704. this text is an enriched version of the tcp digital transcription a87884 of text r208329 in the english short title catalog (thomason e1019_19). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 26 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a87884 wing l1246a thomason e1019_19 estc r208329 99867287 99867287 119592 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a87884) transcribed from: (early english books online ; image set 119592) images scanned from microfilm: (thomason tracts ; 151:e1019[19]) double your guards; in answer to a bloody and seditious pamphlet, entituled an alarum to the armies of england, scotland, and ireland. l'estrange, roger, sir, 1616-1704. 9, [i.e. 11], [1] p. [s.n.], london : printed in the year, 1660. published anonymously. pages 9-11 misnumbered 7-9. annotation on thomason copy: "april. 5". "an alarum to the armies of england, scotland, and ireland" remains untraced. reproduction of the original in the british library. eng charles -ii, -king of england, 1630-1685 -early works to 1800. england and wales. -army -early works to 1800. england and wales. -parliament -early works to 1800. alarum to the armies of england, soctland, and ireland. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a87884 r208329 (thomason e1019_19). civilwar no double your guards;: in answer to a bloody and seditious pamphlet, entituled an alarum to the armies of england, scotland, and ireland. l'estrange, roger, sir 1660 3903 6 0 0 0 0 0 15 c the rate of 15 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-04 tcp assigned for keying and markup 2007-04 aptara keyed and coded from proquest page images 2007-05 angela berkley sampled and proofread 2007-05 angela berkley text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion dovble your guards ; in answer to a bloody and seditious pamphlet , entituled an alarum to the armies of england , scotland , and ireland . london : printed in the year , 1660. double your guards , &c. this last weeke , has brought to light two pamphlets ; so exquisitely impious , as if they had been fram'd in hell , by oliver , and bradshaw . they speak the language of the damned ; horrour , despayres , and desolation . these goodly pieces are christen'd ; plain english , — & an alarum . i suppose they are twinns ; the issue of the same brayne , as they are related to the same maine end . i had nigh finish'd a reply upon the former , when the latter came to my hand : comparing which with the other ; i find they correspond , so aptly , and so universally , to the same seditious purpose , that there 's not any interest ' scapes their malice , and attempt . they advance their dispute , and march together ; that what they cannot gaine by force of argument , they may be ready to essay by dint of sword . their plain english ; is a reasoning of the case . first with the generall ; claiming , from his engaging for the publique liberty ; a title to his ayde in favour of a private , and enslaving faction . it labours then , to puzle the presbyterian into a jelousie of the kings faith , and honour ; and consequently , into a doubt of his own safety ; should his majesty be restored . nay , not content to blaspheme the kings integrity , by a bold censure of his secret thoughts : the shamelesse beast , ( the authour of it ) sticks not to charge the secluded members , with the guilt of the kings bloud , upon a sencelesse inference drawn from the declaration of both houses in 1647. touching the reasons of the votes for non-addresse . his ayme is here to perswade them , to accuse themselves . how those votes were obtained , i have shewed at large : ( in a print entitled treason arraigned ) and it suffices ; the whole nation knowes , that though the plague was in both houses then ; yet all were not infected . the rumpers only had the tokens : ( nor all these neither ) so that at last , the seclusion of so many as opposed the capitall prosecution of the king , amounts to a clear act of discrimination ; a separation of the cleane from the uncleane . having there set the presbyterians at work , upon the question of interest , and safety ; ( and after many a lame complement to his excellency ) he cuts out worse employment for the phanatique souldiery : and at the same time , breathing hot , and cold : — reason , and mutiny ; he sollicites the generall into a complyance , and the army into a tumult . to disabuse the multitude ; ( if any should be mad enough to be deluded by so grosse a cheate ) i 'll lay the juggle open , in as few , and familiar words as possible . the title speakes the businesse of the pamphlet : ● ( 't is an alarum , ) and the application , — ( to the officers , and souldiery , &c. ) the malice ; there 's treason in the very face on 't : if the first two words cost not the nation a hundred thousound lives , 't is not the authors fault . his second page , places the legislative power in the army , challenging their promise ; that before they would suffer themselves to be disbanded , or divided , they would see the government of these nations establish'd upon the just and secure fundamentals , and constitutions of freedome and safety to the people , in relation , as men and christians , and that in the way of a common-wealth , or free-state-government , without a king , single person , or house of lords . these gentlemen ( i see ) resolve to be their own carvers ; not suffer themselves to be disbanded ? this rump , would be a perpetuall army , as well as a perpetuall parliament . let the nation observe now the quality of this suggestion . first , by the law of armes , 't is death ; that , which these fellowes would engage the army in : that mutiny against their generall . ( for they give him for lost . ) next , 't is treason , by the law of the land ; the vsurpation . thirdly , 't is murther . murther , intentionall , in the bare conception of it ; and actuall , sure enough , so soon as that intention is but knowne . now let us weigh the benefits it brings , against the crimes , and dangers that attend it . freedome , and safety , to the people , both as men , and christians . there 's the proposition . freedome , there can be none , to the people ; where a particular , and little party pretends to impose upon a number 40 times greater , and enslave them . nor safety : where in that disproportion the nation is engaged against a faction : and every sword that 's rais'd against it , carryes damnation upon the point on 't . neither doe they act as men . man , is a reasonable and sociable creature . here 's a designe , that breakes the bond of order : and betrayes a manifest folly , by a contrivance so impracticable , and mischievous at once ; idly to labour the saving of a few , guilty persons , at the price of an universall , dissolution . for christianity ; either my bible's false , or their opinion , that shall pretend to raise a christian government , upon a basis of rebellion , and bloudshed . from hence , the terrible trifle proceeds to the distribution of his designe into three heads . first , what thecavalier sayes . secondly , what the presbyterian thinkes . thirdly , what the armyes best friends , ( scornfully called commonwealth-men , and phanatiques ) doe foresée , concerning the present transactions in the three nations . and lastly , his own observations , and seasonable advice . he tels us , the cavaliers opinion , that the generall's intention is to bring in the king , and grounded upon these reasons . first , that upon the 11th . of february last , he sent an imposing letter to the parliament , ( in scorne called the rump ) and thereupon , ( without any order from them marched with their army into london , then esteemed and made by him , ( in destroying their gates , &c. ) their implacable enemies ; and at night suffered so many bonfires , and ringing of bells , and publiquely drinking healths to the king , and a frée-parliament ; rosting , and burning of rumps ; hearing , and seeing his masters in open street declared murtherers , and traytors , &c. — feasted , and associated with the kings friends , &c. this is a grievous charge , assuredly : but not vnanswerable ; and ( by the licence of our observator . ) this i reply . the generall's commission expired upon the tenth of february , so he was free , the eleventh . again , it was the designe of the rump , to make the generall odious , and therefore they imposed upon him such barbarous orders as probably might leave him no retreate . while he professed to act by any derivation from them ; malice it selfe cannot but say his excellency stood firme to every point of military obedience : at last , when they proceeded so severely against the city ; he interposed ; but his mediation was rejected ; and more imperious commands sent to him , this is enough to prove , 't was not the generall that made london the rumps implacable enemies : but 't was the sordid insolences of the members , that made the conventicle hatefull , to the whole kingdome , and this appeared , by the vniversall joy that followed upon their disappointment . if the rump at westminster , did by a simpathy , fellow-feele the suffering rumps in the city ; the case indeed was hard ; but for the rest the murtherers , and rebells they were call'd , — methinks it should not trouble folkes to be call'd by their names : ( that 's only liberty of conscience , and i dare say , the people spake as they thought . ) are these gentlemens eares so tender , and their hearts so hard ? is the sound of treason and murther so dreadfull and the exercise of it so triviall ? — i must confesse , to stay away ten dayes together ; ( from the 11th of feb. till the 21 as that his masters charge him with ) was something a long errand . but seriouslly , gentlemen , considering 'twas his first fault , forgive him . ( true , if he kept lewd company , ( cavaliers , ) as you say he did ) i ha' no more to say . the second motive to the cavaliers discourse , ( that his excellency will restore the king ; ) is that notwithstanding his engagement , by letter , and verball promise to his masters ( that had ventured their all to secure him from being ruin'd by lamberts army , he yet admits the secluded-members to sit . — ( most of whom , he absolutely knew to be for the restauration of charles stuart , ) &c. to this ; it is notorious ; that designes were laid to murther the generall ; that the rump received , and kept in members impeached : that they promoted , and gave thanks for barebones petition : containing matters of direct contradiction to their professions . in the next place ; instead of the rumpers saving the generall from being ruin'd by lambert , that generall saved them and touching their opinions , of ( charles stuart ; as this villaine prates ) the king . the noble generall regarde their trust , not their opinions nor did he enquire what they were . thirdly ; ( say they ) the generall will bring the king in , for he ; hath suffered the secluded-members to release sir george booth , and his party , &c. — again ; they have ( de novo ) voted the covenant to be printed , read , and set up-and — acknowledging the late king's posterity : — as likewise suffering to be maintained in the house , that none but jesuites and priests are for free-state-government . — observe yet further , ( sayes the cavalier ) that he imprisons common-wealth-men , and releases royalists , &c. these rumpers have gotten such a trick of breaking parliaments that 't is their publick profession now become to enforce them to the bent of the army . suffer , still is the word . the generall suffered the secluded members to release sir george booth ▪ — the next point , is yet more remarkable : these very covenanters abjure the covenant . — as for the suffering ( there 't is again ) to be maintained , that onely jesuites and — the generall is not properly to take cognisance of what passes in the house . ( the king was chidden for 't ( exact collections ; see the petition of both houses de. 14. 1641. ) — now for imprisoning , and releasing . if it so happen , that some common-wealth-men deserve to be laid up ; and some royalists to be enlarged ( not as such ) it is but justice to do the one , and the other ; for at the rate of this subtle argument ; free-state-men shall be protected against the law , and royalists so persecuted likewise . lastly , the cavaliers conclude as much from the generals countenancing the militia ; being raised and formed to murther , and destroy the army — and that the same thing was done long since in scotland : — besides , the irish army have proceeded answerable to himself . — and divers officers that served the late king have had fair promises from him , — and severall of the kings friends are peaceably returned from exile , &c. — and again ther 's a proviso in the act of dissolution , concerning the lords being a part of the parliament , &c to be short , — the generall encourages the militia to save the countries , not to ruine the army , — next ; if long since done in scotland , the better done , the sooner : for england hath been only rump-ridden , for want of it . to this the conforme motion of ireland , proceeds from their commune commens with england in delivering themselves from the tirunny of the rump , for the generalls promises ; i am glad to hear it , but truly i know nothing of it . in truth 't is a sad businesse , alderman bunce his return , and the proviso in the act of dissolution , ( for certainly by the known law , the lords are no part of the parliament . ) to speak my thoughts freely ; i am very glad to hear that the cavaliers are of opinion , that the king will come in but i beleive it never the more for your saying it . now to the sober presbiterians : they ( says our phanatique ) begin to suspect the generall : for the cavaliers are at this instant arming themselves in all the three nations , &c. — and if charles stuart comes he 'll bring with him arch-bishops bishops , &c. — and then in comes his mother — with her jesuites , priests , &c. — and this will make little difference betwixt us , and the sectaries . now do i dote upon the sincerity of this bubble , had he pretended to religion himselfe ; had been rediculous , but putting that scruple upon the sober presbyterian , 't is well enough . the story of the cavaliers arming themselves , is a phanatique not a presbyterian conceipt , as to the queens bringing in jesuites , &c. it needs not , the independents have enow for her majesty and themselves too . ( how the changeable butterfly flutters from party to party , and whereever he seizes , he stains . ) as to his concluding opinion , that the king will put no difference , he may live yet to change that opinion . he comes next to the armies best friends , ( as he terms them ) and they preach nothing but fire , and sword , if ever the king come . oh this pestilent militia ! alas poor phan. does it bite . away with your improbable lies : the secluded members threaten the army . yes 't is a likely matter . come gentlemen you are safe , if you continue honest , and lost without it . do not you know that these very persons that now flatter you , are the people that have taken your meat out of your mouths ; that have received sufficient for six armies from the nation , and yet have left you monilesse , and ready tu perish for want of bread ? nay suppose their arguments were more rational then they are , and that the king were a person , as famous for cruelty as he is for clemency , you were still safe . you are below the stroke of revenge . they are fearfull for their own heads , and pretend to concern themselves for you . they talk of treachery , in case you should recede from their designs : they tell you of engagements , promises , &c — and so do i . remember but your oaths and covenants , and if you do , you will not mix with them ; they promise you the glory of after-ages : yes you shall be renown'd with flame and hell too , if you engage with th●se desperadoes look back into old stories ; enquire into the different reputation of the brave mayor that kill'd the rebell-patriot , and of the libertine himself that fell ; ( a martyr , your hot headed counsellour would call him ) are you ambitious to be chronicled with jack of leyden , knipper ▪ dolling , cade , tyler , ravillag , baltazar gerard , &c. desire your brainsick illuminates to tell you muncer's story , go to , beware of separating . remember them that cried you take too much upon you ye sons of levi : the congregation is holy every one of them , and the lord is among them . to come a little nearer home . reflect upon the ashes decas'd patrons of their franteck zeal . their very flesh is not more putrid then their memories . come nearer yet , & look impartially among your living partizans ( i speak of such , as our pamphleter stiles patriots ) do not you find them cloth'd with the spoyls of widows , and of orphans ? nay look into their morals , even toward those , that with the losse of bloud , and peace have rais'd them : how thanklesse , and how avaritious are they ? examine now their principles of courage , and their military virtues : do they not sneak into committees , and there , dispose of all the advantages of your vnchristian hazzards ? yov kill the heir , but they possesse the inheritance . having aboundantly perplex'd the minds of his weak brethren , hee 's as intent , now , how to intangle the interests of the nation . the man is willing to do any thing , that may help on the work of undoing all ; and here , hee 's ballancing accompts : — casting up , how many millions will pay the court-debts ; and repair the losses of his majesties friends . for that , i think the next parliament may as well compose the difference , as either he , or i. this only i may say , 't is not the care of the publick which imploys him so much : his sinnes are greater than he can bear . ail this is nothing , compar'd with what he ha's yet to tell you . observe him well , and ask him , how he looks when he lyes ? vpon his knowledge , the militiaes are resolved to cut the souldjours throats in their beds . why does he not discover who they are ? still the bloody 11th . and 12th . of february runs in his head ; the villanies of that night , how hardly does he disgest them ! and then , the catalogue of saints , ( the holy-ones of the rump ) that nettles the bumme terribly . that , marques them out for a massacre , he sayes . the worthyes have behaved themselves well the mean while , that call themselves the people . why , at the worst , if the people have a mind to destroy themselves , they cannot begin better than at the rump ; that 's a good way from the heart . now have a care , for i 'll hang you , in a rope of your own twisting . the story of your governour is every bodies tale . i 'll only take the applicable part ; we love the treason but we hate the traytor . 't was you btray'd your countries trust to the army . they love the treason , but they hate the traytour . ( 't is as fit , as if it had been made for you ) now your advice ; which is scarce worth a fee ; for — you propose things impossible ; rendezvoz first , you say : why you phansy ( sure ) that the general is of the plot ; and that his officers are all mad ; and then you propose a confederacy , as 't was at new-market : your little agitators , &c. — phy , phy ! gentlemen , here 's the difference of the case , the nation then , was with the revolted party against the great ones : now ; they 're vnanimously against you ; in any such design . your general is a gentleman , and a souldjer : and every man that is either , ( in the kingdom ) will dye at 's feet : his officers are persons that understand honour , and the discipline of war . there 's not ● man among them , but when he comes to passe a sober thought , upon so base an action as a munity , would rather perish , than promote it . beside ; you are discovered with the first breath that utters the least syllable , tending to a conspiracy . could i believe , the conscience of that traytor that advises you to this , would let him sleep , i should believe his counsel but a dream , 't is so remote from any due coherence of right reason . come ; shall i counsel you a little ? be obedient to your superiors ; compassionate to your country ; just to your equals ; in sine ; serve god , and honour those whom he hath set over you for your good . 't is not the fool 's ●eviling of his betters , that mends your cause , or makes ours worse . there are ( as he saies ) ropes twisting , i believ 't , ( and there the man 's a conjurer ) but they are preparing for such imps as himself . he tells you ; gallows are setting up for the executions of your friends ; ( and he accounts himself one of your friends ) who knows what may come ou 't ? he concludes with a proverb . men armed , are seldome harm'd . take mine too ; and so shall i conclude . save a thief from the gallows , and he 'll cut your throat . april 4 1660. libido dominandi , causa belli . the pillars of parliament struck at by the hands of a cambridge doctor, or, a short view of some of his erroneous positions, destructive to the ancient laws & government of england to which is added the true state of the doctor's error about the parliament, 49 h.3 / by william petyt of the inner-temple, esq. ... petyt, william, 1636-1707. 1681 approx. 32 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-03 (eebo-tcp phase 1). a54640 wing p1950 estc r5699 12581145 ocm 12581145 63752 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a54640) transcribed from: (early english books online ; image set 63752) images scanned from microfilm: (early english books, 1641-1700 ; 328:12) the pillars of parliament struck at by the hands of a cambridge doctor, or, a short view of some of his erroneous positions, destructive to the ancient laws & government of england to which is added the true state of the doctor's error about the parliament, 49 h.3 / by william petyt of the inner-temple, esq. ... petyt, william, 1636-1707. [2], 14 p. printed for tho. simmons ..., london : 1681. reproduction of original in national library of scotland (advocates'). marginal notes. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. great britain -politics and government. 2004-07 tcp assigned for keying and markup 2004-07 apex covantage keyed and coded from proquest page images 2004-11 jonathan blaney sampled and proofread 2004-11 jonathan blaney text and markup reviewed and edited 2005-01 pfs batch review (qc) and xml conversion the pillars of parliament struck at by the hands of a cambridge doctor , or , a short view of some of his erroneous positions , destructive to the ancient laws & government of england . to which is added the true state of the doctor 's error about the parliament , 49 h. 3. by william petyt , of the inner temple , esq ; london , printed for tho. simmons , at the princes arms in ludgate-street mdclxxxi . the pillars of parliament struck at by the hand of a cambridge doctor , or , a short view of some of his erroneous positions , &c. about a tear and a half since , i did , in a small treatise , assert the ancient right of the commons of england in parliament : and therein maintained , that the commons of england , represented by knights , citizens and burgesses in parliament did not begin to be an essential part of parliament , anno 49 h. 3. by rebellion . to which there lately came out a pretended full and clear answer : wherein the author thereof affirms , that the commons of england , represented by knights , citizens and burgesses in parliament , were not introduced , nor were one of the three estates in parliament before the 49th of h. 3. the dignities , learning and fame of the supposed author of the book being so great , it is but fit that the use , end and scope thereof should be better known , and understood , than yet it is . in order whereunto i have , for the publick good , ( got time ) to make a small abstract , or compendium , of some of the principles which the answerer hath asserted and laid down therein . which are these following . the doctor' 's positions . what interest the commons of england had in the parliaments of the saxon times . there are no commons to be found in the saxon great councils . nor any thing that tends towards the proof of the commons of those times , to have had any share of making laws in those councils . the commons as at this day known , not to be found amongst the community of england in old historians . in the norman times . that william the conqueror claimed by the sword , and made an absolute conquest . for , without doubt , there was no english-men in the common council of the whole kingdom . for the english had neither estates nor fortunes left ; and therefore it could be no great matter to them , by what law , right or propriety other men held their estates . william the conqueror divided all the lands in england amongst his great followers , to hold of him . the free-men of england , being french , flemings , anjovins , britains , poictovins , and people of other nations , who came in with the conqueror , and to whom his magna charta was made ; not to english-men . these were the men the only legal men that named , and chose juries , and served on juries themselves , both in the county and hundred courts , and dispatched all country business under the great officers . if therefore the justiciaries , chancellors , earls , sheriffs , lords of mannors , such as hear'd causes , and gave judgment , were normans ; if the lawyers and pleaders were also normans , the pleadings and judgments in their several courts must of necessity have been in that language , and the law also the norman-law ; otherwise they had said and done they knew not what , and judged they knew not how : especially when the controversies were determined by military-men , earls , sheriffs , lords of mannors , &c. that understood not the english tongue or law : or when the chief justiciary himself was a military-man , as , it often happened , and understood only the norman language ; and 't is hardly to be believed , these men would give themselves the trouble of learning and understanding the english-law and language . these were the free-men which made such a cry , for their liberties ( as appears by magna charta ) most of which is only an abatement of the rigour , and a relaxation of the feudal tenures ; the rest were but only followers , and helped to augment the noise ; they were no law-makers , as this gentleman ( meaning me ) fondly imagines . for it is not probable that those men that had the force of the nation , would permit men of small reputation to share with them in law-making . those that had the power of this and other nations de facto , always did give laws , and tax the people . after symon montford earl of leicester and the numerous barons had taken hen. 3. and prince edward prisoners at the battel of lewes , and a new government was framed and set up , they ( anno 49 h. 3. ) sent out writs in the king ' s name unto divers bishops , abbots and priors , and to such of the noble-men as were of their own party ; to the sheriffs of counties , cities , burroughs , and the cinque-ports . a and without doubt , as others have conjectured before me , the danger that symon and his privado's apprehended from the concourse of the nobility and their great retinues , and the example of his and the barons practices at oxford , was the reason why they ( anno 49 h. 3. ) altered the ancient usage , and of their sending , directing , and in the king ' s name commanding the sheriffs of each county , the cities and burroughs , to send two knights , citizens and burgesses respectively . b hence he affirms , that the commons of england , represented by knights , citizens and burgesses in parliament , were not introduced , nor were one of the three estates in parliament before the 49th . of h. 3. for the commons were not comprehended in the common university . for the noble-men of england , and council of the baronage were the community of england . barones regni called to parliament at the king's pleasure . and what king henry , a little before his death , begun ; that is , to call such earls and barons , quos dignatus est , such as he pleased , edward the first and his successors constantly observed . having had one great antiquary's opinion , ( meaning mr. camden ' s ) joyned with matter of fact , upon the constitution of the house of lords . let us see the opinion of another concerning the origin of the house of commons , back'd also by matter of fact. sir robert cotton says , the victory at evesham , and the dear experience henry the third himself had made at oxford in the 42d . year of his reign , and the memory of the many streights his father was driven to , especially at runnemede , near stanes , brought this king wisely to † begin what his successors fortunately finished , in lessening the strength and power of his great lords . and this was wrought by searching into the regality they had usurped over their peculiar soveraigns , and by weakening that hand of power which they carried in parliaments by commanding the services of many knights , citizens and burgesses to that great council . these were the reasons why those kings followed montfort 's pattern , to secure themselves against the tumultuous , insolent and seditious practices of the barons . and , as according to the opinions of these great antiquaries , these new constitutions of parliament had their origin from the king 's authority ; so from the same authority and time it was , that this most excellent great council received its perfection , and became exactly fitted for the government of these nations , as it seems to be very evident from these following records . and then the doctor prints several writs in the reigns of e. 1. e. 2. and e. 3. for summoning sometimes one , sometimes more knights , citizens and burgesses to such great councils as had no power to make laws , but were only called upon the suddain , to give advice and counsel . yet the doctor would have these to be parliaments , ( a plain , if not a designed error ) with several dangerous notes or inferences in the margin , as the reader may observe , pag. 230 , 231 , 232 , 233 , 242 , 243 , 246 , 248 , 249. the king and his council judges whether and when burgesses ought to come to parliaments . the great charter , commonly attributed to hen. 3. and styled his charter , was properly the charter of e. 1. or perhaps rather his explication or enlargement of that charter of king john and h. 3. for we find not the great charter , either of that , or king john's form , in any of the rolls , until the 25th of e. 1. and he had a greater sum of money for confirming this charter than h. 3. had , as 't is recorded in the summons to parliament for that purpose . in this charter then confirmed , there is no provision made for any summons to great councils , or parliaments : and the reason may well be , because the constitution of great councils or parliaments was lately changed from what it was in king john ' s time , and until the 49th of h. 3. nor perhaps was it so fixed , and peremptorily resolved on at this time ( viz. 25 e. 1. ) what it should exactly be for the future , as to have it made an article of the charter : and to this conjecture , the frequent variations of summons to parliament in those times do give a probable confirmation . thus far our doctor . nullus erranti terminus . but i will not say with him , that here are any aery ambuscades , whimseys , marvellous nonsence , gross ignorance of histories and records , admirable and idle fancies , and a troop more of such gentile expressions , which our answerer hath been pleased to give that ingenious gentleman , mr. atwood of grays-inn , and my self . all strong arguments and high civilities , scarce well becoming the doctor in all his eminent qualifications . but to come to the true state of the doctor and his author's error about the parliament , 49 h. 3. after matthew paris , and rishanger his continuer , had given them an account of the wars between h. 3. and his great barons ; and that at the battel at lewes , anno 48. of that king , he and prince edward were taken prisoners by symon montfort , earl of leicester ( general for the barons ) in the year following , which was 49 h. 3. they meet with a schedule affixed to the close roll ; wherein there are writs of summons entred for calling two knights for each county ; two citizens , two burgesses for every city and borough , and two barons for every of the cinque-ports , to meet in a parliament at london in the octaves of st hillary . what to do ? nobiscum ac cum proedictis prelatis , & magnatibus nostris , quos ibidem vocari fecimus super proemissis tractaturi , atque consilium impensuri . to treat with him the said king , and with the prelates and great men of the land , touching the premisses , and to give their advice . now because this writ of summons falls , as the doctor saith , in the nick of time with the historian , when the king and prince were in custody of symon montfort , he and his author will needs thereupon nick the house of commons ; and have this summons to be the very first and original writ of summons to parliament , that ever was of this nature , that in this critical tear , at this very time , there began a wonderful change , and a marvellous alteration of the ancient form of our english parliaments ; and that before the commons were never any part thereof ; but then had their origine and beginning to be so by this rebellion . when as , 1. if that roll had been lost , as all the parliament . rolls of those times are , it cannot appear that there were any summons to parliament , either to the lords spiritual , or temporal , or commons , till 22 and 23 e. 1. thirty years after 49 h. 3. though it is evident and certain , both from the printed books and records , there were above fourteen parliaments in the interim . and our doctor himself and his author agree , that both lords and commons were present and parties in the parliament , anno 52 h. 3. at marlborough , three years after 49 h. 3. and also in the third year of e. 1. ( which was eleven years after 49 h. 3. ) at a parliament at westminster , though there are no writs of summons , either of the lords or commons , nor any rolls yet found out of those parliaments . 2. neither do their own historians whom they make use of , nor matthew westminster , whom the doctor cites too , who writ in the reign of e. 1. son to h. 3. and who particularly gives an account also of those wars , nor any historiographer or lawyer , nor any record of that or succeeding ages , ever mention one word of any such change or revolution in 49 h. 3. as our doctor , and his single author by tacking and patching their historian and writs together , have inferred and maintained in their books . besides the form of acts of parliament , and expressions both in historians and records , are the same both before and after 49 h. 3. and in the reigns of e. 1. e. 2. and e. 3. notwithstanding all which , and that the doctor well knew that the citizens and burgesses were a constituent part of the parliament in ireland , anno 38 h. 3. which was eleven years before 49 h. 3. as i proved in my book , p. 71. and also by way of comparison , p. 79. that the cities , great towns and burroughs , 1. of france . 2. spain . 3. portugal . 4. denmark . 5. sweden . and 6. scotland , have from time immemorable , both de jure and de facto , had their delegates or representatives in the general councils , or , in our present dialect , parliaments . so that it might seem very strange , that when the cities and burroughs in all the kingdoms of europe , were ab antiquis temporibus , even in the time coeval with their government , an essential part of their common-councils , or parliaments ; that england , of all the european world , should not be under the same constitution before 49 h. 3. yet the doctor and his author by all their art and skill have toiled and laboured to swim against the stream of so great a torrent of reasons and testimonies . to which , in convenient time , shall be added many more authorities , which are first to be carefully examined , and cannot be done in so short a time , together with a civil and moderate reply to the doctor 's answer ; as well on the one hand to acquit my self from the real passion of our doctor , to say no worse , though common prudence might have obliged him to more sober considerations ; as on the other , to vindicate and assert the honour of our english nation and parliaments , against his and his author 's ill grounded notions . which , is true , i must agree that the general understanding and judgment , as well of the kings of england , as of the whole english nation , and all foreign writers for so many centuries of years , have been marvellously abused and imposed upon , especially king james and his late majesty : who tell us , 1. that not only the regal authority , but the people's security of lands , livings and privileges were preserved and maintained by the ancient fundamental laws , privileges and customs of this realm : and that by the abolishing or altering of them , it was impossible but that present confusion will fall upon the whole state and frame of this kingdom . 2. the law is the inheritance of every subject , and the only security he can have for his life or estate ; and the which being neglected or disesteemed ( under what specious shew soever ) a great measure of infelicity , if not an irreparable confusion , must without doubt fall upon them . lastly , i will for the present give but five or six jnstances , that the commons of england , as now distinguished from the great lords , were an essential part of the general councils or parliaments before 49 h. 3. 1. bracton , a grave and learned judge , who flourished in the time of h. 3. and an author beyond the answerer's exception , after he had declared to posterity that he had bent his mind ad vetera judicia perscrutanda diligenter , non sine vigiliis & labore ; and whatsoever he found nota dignum , he reduced in unam summam perpetuoe memoriae commendandam : declares the rule , how laws were made , not in his own only , but in ages before . cum legis vigorem habeat , quicquid de consilio & de consensu magnatum & reipublicae communi spontione , authoritate regis sive principis precedente juste fuerit difinitum & approbatum . that that hath the force and power of a law , which shall be justly declared and approved of by the council and consent of the great men , and by the general agreement of the commonwealth , the authority of the king preceding . 2. the statute of magna charta was made and confirmed in parliament , 9 h. 3. ( which was thirty nine years before 49 h. 3. ) as is evident by these authorities , which say that it was made . 1. de communi concilio regni . 2. per comune assent de tut le roiaume , en temps le rey henry nostre pere. 3. per le roy , piers & commune de la terre . notes, typically marginal, from the original text notes for div a54640-e170 my discourse . pag. 1. pag. 1. pag. 20. in the margin . pag. 13 , 14. pag. 130. in the margin . pag. 35. in the margin . pag. 37. pag. 43. pag. 176. pag. 35 , 37 , 38. pag. 39. nota. when be agrees they understood not a word of english law or language . pag. 30. nota. as this is precarious , so it is certainly false and impracticable , and directly against domes-day-book , and the evidence and testimony of the historians and laws of that very time . gloss. pag. 27. nota. let him prove it to save his credit . nota. why then may not the like reason hold against the introduction of the commons to be first a part of parliament by the victorious and numerous barons after the battel of lewes , anno 49 h. 3. pag. 210. they send out writs in the king's name to summon a parliament . a p. 224. dugd. baron , fol 75● . col . 2. the probable cause that moved montfort to summon this convention . nota. how could that be , when the numerous barons ( as they say ) had all things in their power . b nota. here we have the original , and all the authorities and proofs that the commons ( as they would have it ) began by rebellion , 49 h. 3. nota . for no man ever dream'd of such an origine before the doctor and his author only . pag. 1. pag. 163. in the margin . pag. 165. pag. 227. in the margin . pag. 228. nota. the original author of this fictitious change is quoted by camden , followed by sir. robert cotton ; but slighted , bafled , and proved evidently false by mr. selden in his titles of honour , f. 589. 590. and contrary to the course of histories and records of those ages . † nota. how came the doctor to quote sir robert cotton , since he is expresly against him ? for if what sir robert saith was true , the commons were first called to parliament by king henry , after the battel of evesham ; and then , not by the barons , nor in 49 h. 3. and so they began , not by rebellion as the doctor and his author say . nota. nota. not a syllable of montfort's patern in any of his authors cited by him , except his own contemporary author . nota. all deceived by camden's author ; not an historian or any record mentioning one word of such an alteration , though several lived and writ in the very time . nota. the doctor fancies that the present constitution both of lords and commons began , anno 49 h. 3. and after , and was setled by e. 1. and his successors ; but proves not a tittle of the matter of fact . nota. the doctor 's manifest error in making writs of summons to magna concilia to be summons to parliament . pag. 79. in the margine . nota. thus the doctor insers from this clause in the record : et tunc fiat eis super hoc justitia vocatis evocandis si necesse fuerit . the doctor 's jani anglorum facies antiqua , pag. 63 , 64. nota. the doctor , to serve his turn , fondly designs to destroy magna carta of h. 3. and make e. 1. live before his father and grandfather were born . nota. a convincing argument that because the charter of h. 3. is enrolled by inspeximus , anno 25 e. 1. in haes verba , henricus , &c. therefore it was properly his charter , and not h. 3. ibid. 64. nota. all this is to prop up a new and mistaken norton , that tenants in capite by military service only made the parliament , till 49 h. 3. nota. here the doctor again refers to his mistaken writs of summons to great councils for parliaments , temporibus e 1. e. 2. e. 3. which he hath printed , and by them would give a colour to his and his author 's marvellous change of the ancient government of the kingdom , anno 49 h. 3. never found out or discovered by any before . author of jani anglorum facies nova . notes for div a54640-e5740 rot. clan . 49 h. 3. in schedula . dugdale's origines juridiciales , fol. 18. col . 1. pag. 221. dugdale's origines jurisd . fol. 18. but to point out who they were ( viz. barones majores ) that had their first rise by writs of summons , until 22 e. 1. and afterward , passeth my skill , there being no publick record that doth make mention of them till then except that of 49 h. 3 dugdale's pref. to his baronagium angliae , tom. 1. the doctor , pag. 225. nota. according to the doctor , mr. camden and his author speaks not any thing of the commons , but only of the lords and their peers . nota. the doctor and his author having tack'd and patch'd together the historian , and writs of summons to a parliament , 49 h. 3. is their only evidence that the commons begun by rebellion in that very year . nota. these arguments , proofs and reasons , besides many more , the doctor hath unfairly concealed from his readers ; yet he hath published to the world his full and clear answer to my book , and particularly to the eighth and ninth arguments , wherein these authorities are urged : the doctor gives this answer in these very words , p. 143. his eighth and ninth arguments , also his first and second observations upon the whole matter , have nothing in them worth a serious consideration . in the northern kingdoms , adamus bremensis saith , that the bishops , after the people received christianity , were received into their publick councils . and loccenius reckons up , among the several estates , the bishops , nobles , knights and deputies of the country and cities . the learned author of the grand question , pag. 11. king james's first speech to his first parliament in england . pulton's stat. 1 jac. c. 2. f. 1157. king charles the first 's declaration to all his loving subjects , published with the advice of his privy council . exact collections of declarations , p. 28 , 29. bracton , lib. 1. cap. 1. fol. 1. this authority the doctor took no notice of in my book . rast. stat. 9 h. 3. sol . 1. 3. id. 12 e. 4. c. 7. it is called , the laudable statute of magna charta . regist. fol. 175. rot. stat. 25. e. 1. m. 38. rot. parl. 15 e 3. num . 50. dor . enprimes est accorde & assentu que la franchise de seint esglise & la grand chartre & la chartre de la foreste & les autres estatatz faitz per nostre seignior le roy & ses progenitors piers & la comune de la terre pur comune profit du people soient firmement gardez & maintenez en touz pointz . rast. stat. de an. 15 e. 3. ● . 1. f. 82. it is accorded and assented that the franchize of holy church , and the great charter , and the charter of the forest , and the other statutes made by our ●overeign lord the king , and his progenitors , peers and the commons of the land , ●r the common profit of the people , be firmly kept and maintained in all points . rast. ●at . 12 e. 4. c. 7. the laudable statute of magna charta , which statute was made ●r the great wealth of all this land ; and in affirmation of the said statute of the said ●reat charter , divers statutes have been afterwards made and ordained . 1. by serious and seasonable advice to the english soldiers of his majesty's army ray, john, 1627-1705. 1693 approx. 41 kb of xml-encoded text transcribed from 26 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-12 (eebo-tcp phase 1). a58178 wing r403 estc r26215 09390674 ocm 09390674 42943 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a58178) transcribed from: (early english books online ; image set 42943) images scanned from microfilm: (early english books, 1641-1700 ; 1314:10) serious and seasonable advice to the english soldiers of his majesty's army ray, john, 1627-1705. 44 p. printed for b. aylmer and will rogers, london : 1693. half title: serious advice to the army. attributed to john ray--nuc pre-1956 imprints. reproduction of original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -army. soldiers -great britain -conduct of life. soldiers -great britain -religious life. 2005-07 tcp assigned for keying and markup 2005-08 apex covantage keyed and coded from proquest page images 2005-09 john latta sampled and proofread 2005-09 john latta text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion serious advice to the army . lambeth-house : march 20 th . 1692 / 3 ; . this serious and seasonable advice to the english soldiers of his majesties army , sent to me by a reverend divine in the countrey , i do not only allow to be printed , but do also earnestly recommend it to those for whose sake it was composed , as that which i hope may , by the blessing of god , be of great use to them . jo. cant . serious and seasonable advice to the english soldiers of his majesty's army . london : printed for b. aylmer at the three pigeons in cornhill , and will. rogers at the sun over-against st. dunstan's church in fleetstreet . m dc xc iii. serious and seasonable advice to the english soldiers , &c. gentlemen , a military employment , when it is undertaken with a good intention , begun and carried on for honest ends and purposes , hath been generally thought not only lawful and barely innocent , but highly useful and commendable likewise . and since the common safety of europe , as well as the necessary defence and preservation of that church and nation to which you belong , is the cause for which you are now engaged ; you will not so much want a casuist to state the lawfulness of your profession , as you seem to stand in need of some christian monitor to put you in mind how you ought to behave your selves in it . the calling of a soldier is doubtless very well consistent with that of a christian ; and altho the armour which the gospel recommends , is of a spiritual nature , and such as we are all required to put on and employ in our defence against our spiritual enemies ; yet we no where find , that either our blessed saviour , or any of his apostles , did ever condemn the use of secular arms and carnal weapons as absolutely unlawful . nor indeed can it be reasonably imagined , but that christians as well as other men may be innocently allowed to provide the best they can both for their personal and for the publick safety . the truth is , that which hath brought so ill an opinion upon a military profession , is the looseness of manners , and unchristian conversation of too many of those who are employ'd in it : and 't is the scandalous example of some amongst you , which hath brought so ill a report upon the character of a soldier in the general . for the undiscerning part of mankind ( which is generally the greatest part of it ) is too apt to judge of a profession , according to the lives and conversations of its professors . and because they observe so much impiety and injustice , so much prophaneness and irreligion in the behaviour of some soldiers , they are from thence unhappily prejudiced with an ill opinion of all. now the best and only way to vindicate the credit and reputation of a military life , from all prejudices of this kind , is to remove that unhappy occasion from whence they proceed ; and if instead of distinguishing your selves from the rest of mankind by your vices , you would be more careful to behave your selves as becometh christians ; if instead of blaspheming god with so many horrid oaths and curses , you would learn to reverence and adore him , and ascribe him the honour due unto his name ; if instead of that riot and intemperance , that injustice and uncharitableness which so much abounds amongst you , you would be more mindful of those pressing obligations which your religion teacheth you , of denying ungodliness and worldly lusts , and of living soberly , righteously , and godly in this present world ; your profession would then be entertained with much more respect in the world : the character of a soldier would then appear in its true lustre , and be as highly honoured amongst men , as it is indeed most deservedly honourable in it self . the character which st. luke gives of cornelius , ( acts 10. ) is a pattern very worthy your imitation upon this account ; and this out of a sincere intention for the good of your souls , for the honour of your profession , and for the happy success of your arms , i heartily recommend to be transcribed by you . he was a roman soldier ; and altho by birth and education a heathen idolater , yet being happily posted amongst the jews at caesarea , he there attained to the knowledge of the true god , and afterwards became a most eminent convert to the christian faith : from whence 't is easie to imagine how profitably he employed his vacant hours , and what great advantage he made of the place and the persons amongst whom he convers'd : for although we have no particular account given us of his behaviour , till the time of his conversion ; yet 't is highly probable , that he never spent his time idly and unprofitably , or ( what is much worse ) , prophanely and irreligiously ; but that he was always meditating upon , and considering his latter end ; and carefully projecting with himself , how he might secure an interest in the favour and protection of that god , in whom are the issues of life and death , and before whose dreadful tribunal he was to give a solemn and severe account . he wisely consider'd how hazardous and uncertain the life of a soldier is , above all other men ; and this consideration naturally led his thoughts to a nearer prospect of a future state. he well knew , that it was appointed for all men once to dye ; and that to dare to dye with a more than ordinary courage and resolution , was what became the bravery of a good soldier ; but because after this life ended , there was a judgment to come , when every one that hath done good , shall go into life everlasting , and every one that hath done evil , into everlasting fire ; he thought the consideration hereof a matter of the highest importance to him imaginable ; and was easily convinc'd how much he was obliged not only in point of duty , but in point of wisdom and interest likewise , to make the best provision he could for a happy portion in this his immortal and eternal state. how discreetly he behaved himself , and what prudent care he took of his life and conversation in order hereunto , is evident from the account which the evangelist gives of him , who says , that he was a devout man , one that feared god , and prayed unto him continually . he did not , it seems , suppose , that his military employment for the service of his prince , could give him any the least dispensation from his duty to his god. he did not think , that to curse , and swear , and blaspheme , and bluster out his prophane and daring impieties against the supreme judge of heaven and earth , was one necessary qualification of his profession : no ; 't is plain that he believed the character of a religious and devout man , was very well reconcilable with that of a good soldier : and he hath left these as maxims of eternal truth , to be transcribed from his example , that the best courage doth always proceed from the best conscience : and that no man is so well qualified to appear fearless and undaunted before the face of an enemy , as he who walketh in the fear of the lord , and reposeth his strength and confidence in the god of his salvation . fear indeed at first hearing , may seem a very odd ingredient in the character of a good soldier ; but such a fear as this of cornelius's was , is so far from carrying in it any the least imputation of cowardice , or meanness of spirit , that it is very well consistent with the principles of true courage ; nay , and the most powerful incitement that can be , to all gallant and valourous actions . for to live in the fear of god , to fear him so as to tremble at the thoughts of offending him , and to pay a reverential regard to the majesty of his power , and the authority of his laws , is the sure and certain means of engaging him on your side : and when you are once happily secure of that , you need not fear what man can do unto you : nor need you be then afraid though never so many thousands of your enemies set themselves against you round about . gentlemen , your known bravery and resolution in the day of battel hath eminently appear'd in the late actions in which you have been engaged . and your very enemies have confess'd to your glory , that they felt to their own shame , that you have been far enough from fearing those who can kill the body only . but god forbid , that you should esteem as any part of your glory , not to fear him , who can destroy both body and soul in hell . no , such a religious fear as this is one of the principal accomplishments of the true christian hero. and if you will believe the experience of one of the greatest generals france ever bred , he will inform you , that no man can be truly brave without it . the next thing proposed to your imitation from the example of cornelius , is the constancy of his piety and devotion . for 't is said of him , that he was a devout man , and one that prayed to god continually . and to convince you of the reasonableness and wisdom of this practise , i need only suggest to you those particular and extraordinary obligations , which men of your profession seem to lie under , of imploring the assistance of the divine protection : for you are much more conversant in dangers and necessities , and oftner exposed to hardships , and distresses , than any other sort of men : and so perilous are the circumstances , so great and manifold are the difficulties wherewith you are sometimes encompassed , that in many cases you seem to stand in need of a miracle on purpose for your preservation ; and have no other means left for you to escape , but the immediate interposition of that god , whose will no human policy can controul , and whose almighty power no creature is able to resist . now what can be thought more reasonable , than for men in such hazardous circumstances and apparent dangers as these , to be continually addressing their supplications to him , who is both willing and able to save them to the uttermost ? and so to engage the favour of his divine aid and assistance by prayer and devotion , that he may be always ready to save and defend them , and be their present help in the needful time of trouble ? this was lookt upon as a very necessary preparation against the dangerous accidents and events of war amongst the jews ; and this the christian emperor constantine the great thought so requisite in order to the happy success of his arms and armies ; that , besides his own private devotions in his tent , he taught every particular soldier in his army an excellent form of prayer , and required them to say it for themselves : which pious precedent the religious theodosius is said to have followed with so good success , that his historian saith , he obtained a great victory over his enemies by the prevailing efficacy of his devotion , rather than by the strength of his army , or the power of his sword. 't is not indeed expected that so much time can be spent in devotion in a camp , as in a cell , or a cloyster ; nor will there be so much exacted in this case of a soldier , as of a monk. but yet it must be still remembred , that god almighty requires the worship and service of both according to their respective talents and abilities . and although those external avocations which do necessarily attend the business of your profession , will not perhaps allow you to be so often upon your knees , as those who have more leisure , and more convenient retreats for the exercise of their devotion ; it will nevertheless behove you to be as fervent and frequent in prayer as you can ; and as often as your circumstances will permit . whilst you are in your respective quarters , you will have greater advantages of this kind than most other men . and if you do not gladly comply with those happy opportunities which are then afforded you , of praying daily to god , both privately , and in the publick congregations where you are , it cannot be then said in your excuse of this neglect , that you were otherwise engaged , and that you were not at liberty to do it : no , the world will be then apt to conclude , that it is because you do not think the duties of religion any part of your business : and that with those wicked and profane wretches in the psalmist , you care not for god , neither is god in all your thoughts . but i hope , gentlemen , this severe reproach will not lye upon the character of many of you : and i cannot but observe it to the great honour and reputation of some amongst you , and those not a few , that you have constantly frequented our solemn assemblies , where you came , and expressed therein a very decent and orderly devotion . now although such happy opportunities as these cannot be so well and so often enjoyed , whilst you are in the field , and actually engaged in military service ; yet even then your minds and meditations may be devoutly disposed : and the greatest hurry and confusion of a camp can never hinder , but that you may be still calling upon god in short ejaculations , and pious motions of the soul. a lord have mercy upon me ; a god help me ; or a lord save and defend me ; may be easily intermixt with any of your most busy engagements : and yet some such short ejaculatory forms of devotion as these , when they are address'd unto god servently and affectionately , may in some cases be as useful as they are easy and natural . 't is certain , they will spend no more breath , nor require any more words to express them , than a profane oath or a curse : and how much more it becometh a christian soldier to habituate himself to the one rather than to the other , i leave to the serious consideration of every one of you , who hath a soul , and believes it to be immortal ; and whoever believes so , must needs conclude , that a sword or a bullet in a man's heart , and a god dammee in his mouth at the same time , is the most deplorable and desperate state of a dying man that can be imagin'd : for he who defies god with his last breath , as he leaves himself no space for repentance , so neither does he leave to others , how charitable soever they may be , the least room to hope for any mercy from god for him . this , gentlemen , is a consideration of the greatest moment to you in the world : and a little of your own reflection upon it will , without the assistance of any other arguments , easily convince you , how highly it imports you to be wise to consider your latter end ; and in order hereunto , to follow the example of that religious and devout soldier cornelius , which is here proposed to your imitation . and if you could but be once happily persuaded to this , what glorious atchievements might not be then expected from you ? how might one then chase a thousand , and two put ten thousand to flight ? and how would all the boasted force and policy of your enemies be confounded and brought to nought , were you but as mindful of your duty to god , as you are couragiously stout and resolute in the service of your king and country ? or were you but as careful of the interest of your souls , as you are well known to be bravely prodigal of your lives , and wholly unconcern'd at the approach of any bodily danger ? this would infallibly engage the lord of hosts himself to be on your side , even the lord strong and mighty in battle . and that being once happily secured , you may be then always confident of the success of your arms ; and need not fear , but that your enemies , and those that imagine mischief against you , should be turn'd backward , and flee before you . whereas on the contrary , let your cause be never so just , and your own personal bravery never so great ; yet so long as your iniquities continue to separate between you and your god , and your sins hide his face from you ; you cannot then trust in the arm of flesh ; nor is it your sword that can then help you . joshua was a great general , had a very just cause , and a good army to support it . and yet 't is very remarkable in his story , that he was smitten before the canaanites for a sin amongst his soldiers . and this i mention to put you in mind of the fatal consequence of your sins ; which whilst you continue in without repentance , you harbour a foe within your own tents , that will do you and your cause more mischief than all the arts and assaults of your enemies could be otherwise able to do . if therefore you have any serious regard for your own interest and advantage , with reference to the life that now is , or that which is to come ; if the glorious success of that cause in which you are engaged , if the honour and safety of your king , the good of your country , the defence and preservation of your most holy religion , and the common welfare and prosperity of that whole church and nation to which you belong , can make any tolerable impression upon you ; you must then think your selves obliged upon the account of all these most powerful and prevailing motives to make it your great care to live and dye as it becometh christians ; to fear god , and to pray unto him continually ; and so to order your conversation aright , that iniquity may not be your raine , neither in this world , nor in that which is to come . this , gentlemen , is the hearty desire of him who daily remembers you in his prayers to god for you ; and who earnestly entreats and exhorts you to pray daily for your selves likewise , that god would prosper your cause you have in hand ; that he would plead your cause with them that strive with you , and fight against them that fight against you ; that by his heavenly wisdom and power from above he would direct the councils , and influence the conduct , and defend the person of your royal general ; and so continue both him and you under the merciful care and protection of his good providence , that you may be still safe from the power of your enemies ; and that the ungodly and those that hate you , may not be able to triumph over you : but that you may do valiantly , and conquer gloriously , and rejoyce greatly in the god of your salvation , saying , blessed be the lord god , our saviour and mighty deliverer , who hath done great things for us : and praised be the lord for evermore , who hath pleasure in the prosperity of his servants . forms of prayer and devotion for the use of the army . it was purposely designed that the prayers which are here recommended to your use , should be short and few : and that no more should be imposed upon you in this case than the most busie circumstances of your employment may be well supposed to admit . but forasmuch as every one , who calls himself christian , and thinks it his duty to pray at all , cannot but allow it to be highly useful and expedient , to implore the daily protection , and to show forth the loving kindness of that god , who alone maketh him both to sleep , and wake , and dwell in safety : i hope you will all account it but a very reasonable service ( for men in your circumstances more especially ) to begin and end the day with these short forms following . a prayer for the morning . o almighty and most merciful lord god , i return thee my most humble and hearty thanks for renewing thy mercies towards me every morning ; and for the particular care and watchfulness of thy good providence over me this night past . o continue forth thy goodness and loving kindness towards me ! and be thou still my saviour and mighty deliverer in all my dangers and necessities : in the time of battle , in the hour of death , and in the day of judgment . take me into thy divine favour and protection this day more especially , i most humbly beseech thee : and keep me from all things that may be hurtful both to my soul and body . grant , o lord , that i may give no occasion of offence to any of those amongst whom i converse ; that i may not be guilty of any cruelty or unjust violence , any unchristian hatred , malice , or revenge , or any other uncharitableness towards my neighbour : but that in all my conversation i may live paceably and unblameably ; so as neither to do any wrong , nor to suffer any . assist me with thy grace and holy spirit to keep my body in temperance , soberness , and chastity : that i may keep my soul innocent and undefiled thereby , and my body the better strengthen'd and prepared for that vigorous and active ●●vice in the which i am employed . set a watch over my lips , o lord , that i offend not with my tongue : that no evil-speaking , lying , or slandering , no wicked blasphemy or profaneness , nor any other evil communication may proceed out of my mouth . teach me in every thing to do the thing that pleaseth thee , o lord my god ; and direct and enable me to continue in thy fear all the day long , that i may be always fitted and prepared to dye in thy favour ; even so lord , whenever it seemeth good in thy sight . together with my self , i recommend to thy divine grace and favour , the king , and all my fellow soldiers : most humbly beseeching thee to bless and prosper and defend him against the face of his enemies ; and to inspire us with such courage and resolution , that we may manfully fight his battels , and valiantly and faithfully discharge our respective duties in that state of life to which thy divine providence hath called us . o lord , hear my prayers , forgive me all my sins , pardon my failings , and do more abundantly for me than i am able to ask or think , through the merits of jesus my saviour ; in whose most holy name and words i sum up all my wants , saying , our father which art in heaven , &c. a prayer for the evening . o god the creator and preserver of all mankind , in whom we live and move and have our being , and to whose only mercy it is to be ascribed that we are not consumed : i most humbly beseech thee to accept of this my evening sacrifice of praise and thanksgiving for thy preservation of me this day past , and for all the many gracious effects of thy goodness towards me throughout the whole course of my life . my sins testifie against me , that i have justly deserved thy utmost displeasure : and if thou shouldest enter into judgment with me , o lord , i have nothing to plead , but my own misery , and thy great goodness , to make me an object of thy infinite pity and compassion . unto that therefore i appeal , and fly for succour ; beseeching thee for thy mercies sake , and for the sake of jesus my saviour , to turn away thy face from my sins , and to blot out all my misdeeds . be not wroth very sore , o lord , neither remember thou mine iniquity for ever . pardon whatever thou hast seen amiss in me this day more especially ; and graciously accept of my hearty sorrow and repentance for all those sins , to which , through the frailty of my nature , or the wiles of satan , or the wicked example of other men , i have too much accustomed my self , [ here it will be proper to mention those sins which your conscience accuseth you of : ] and for the time to come grant me such a measure of thy grace and holy spirit , that i may be thereby enabled to resist the temptations of the world , the flesh , and the devil ; and in every thing to keep a conscience void of offence , both towards thee , my god , and towards men. my life , o lord , is in thy hand ; and 't is thou only who hast hitherto preserved it from all those perils and dangers wherewith it hath been so often encompassed . o let it be thy good pleasure to continue it under thy merciful care and protection this night . and whenever thou in thy infinite wisdom , shalt think fit to dispose of it for the service of my king and country , grant me thy grace that i may resign it cheerfully ; and happily exchange it for a better , to live and reign with thee in life everlasting . grant this , o merciful father , for jesus christ's sake , who died for me ; and in whose most prevailing name and words i continue my supplications for my self , and for all my fellow-soldiers , saying , our father which art in heaven , hallowed be thy name , &c. besides this practise of saying your prayers every morning and evening , it is farther adviseable , that you should sometimes humble your selves before almighty god in a more solemn manner ; to deprecate his wrath and indignation against you , and to implore his mercy for the pardon and forgiveness of your sins . for which purpose i recommend to your use that most excellent form of devotion which is appointed by our church in the commination office : where the 51st psalm , and the prayers which follow it , are so admirably contrived to exercise the devotion of every hearty and sincere penitent , that you will not want any other help , nor can you indeed be well supply'd with a better : for which reason it is put at the end of this advice . and because it is highly requisite that men in your circumstances should be continually lifting up your hearts to god ; and at all times , and in all places , and upon all occasions addressing your souls to him , from whom cometh your strength and salvation , it will be very proper for you to habituate your selves to these ejaculations , or short prayers following . ejaculations to be used upon the following occasions . at going out or returning into your tent or quarters . o lord bless my going out and my coming in from this time forth and for ever more . at your being drawn out to battle . thou , o lord god of hosts , art our refuge and strength in the day of battle : o be thou now and evermore our defender against the face of our enemies . in thee , o lord , is our trust : be it therefore according to thy word , and suffer not our foes to triumph over us . through thee shall we prevail : and in thy name shall we tread them under that rise up against us . upon your preservation after the fight . glory be to thee , o lord , for saving my life from destruction , and for delivering it from the peril of the sword ! o grant that i may from henceforth dedicate it wholly to thy service : and make it an instrument of thy glory , o lord god of my salvation . after any victory obtained . we have heard with our ears , o god , our fathers have told us : and as we have heard , so have we seen likewise that salvation is of the lord. for we got not this victory through our own sword , neither was it our arm that helped us : but thy right hand , and thine arm , and the light of thy countenance , because thou hadst a favour unto us . of thee therefore will we make our boast all the day long : and praise thy name for ever and ever . upon any desperate wound received , or in the time of sickness . i acknowledge , o lord , holy and true , that i am justly wounded for my sins and transgressions : and that thou of very faithfulness hast caused me to be thus afflicted . but be thou still my saviour and defence . leave me not , neither forsake me o lord god of my salvation . when there appeareth small hopes of your recovery . father , if it be possible , remove this affliction from me : nevertheless not my will , but thine be done . father into thy hands i commend my spirit : for thou hast redeemed me o lord thou god of truth . may god of his gracious goodness bless and sanctifie these instructions to his glory , and to your spiritual and eternal benefit ! and we who sit quietly under our own vines , and under our own fig-tiees , whilst you , gentlemen , are so generously hazarding your lives abroad for our defence and preservation , shall not cease to make mention of you in our prayers , saying , the lord prosper you : we wish you good success in the name of the lord. out of the commination in the liturgy . ¶ first read and consider seriously the following exhortation , now seeing that all they are accursed , &c. now seeing that all they are accursed ( as the prophet david beareth witness ) who do err and go astray from the commandments of god , let us ( remembring the dreadful judgment hanging over our heads , and always ready to fall upon us ) return unto our lord god with all contrition and meekness of heart , bewailing and lamenting our sinful life , acknowledging and confessing our offences , and seeking to bring forth worthy fruits of penance . for now is the ax put unto the root of the trees , so that every tree that bringeth not forth good fruit , is hewen down , and cast into the fire . it is a fearful thing to fall into the hands of the living god : he shall pour down rain upon the sinners , snares , fire and brimstone , storm and tempest ; this shall be their portion to drink . forlo , the lord is come out of his place to visit the wickedness of such as dwell upon the earth . but who may abide the day of his coming ? who who shall be able to endure when he appeareth : his pan is in his hand , and he will purge his floor , and gather his wheat into the barn , but he will burn the chaff with unquenchable fire . the day of the lord cometh as a thief in the night : and when men shall say peace , and all things are safe , then shall sudden destruction come upon them , as sorrow cometh upon a woman travelling with child , and they shall not escape . then shall appear the wrath of god in the day of vengeance , which obstinate sinners , through the stubborness of their heart , have heaped unto themselves , which despised the goodness , patience , and long-sufferance of god , when he called them continually to repentance . then shall they call upon me ( saith the lord ) but i will not hear , they shall seek me early but they shall not find me ; and that because they hated knowledge , and received not the fear of the lord , but abhorred my counsel , and despised my correction . then shall it be too late to knock when the door shall be shut ; and too late to cry for mercy when it is the time of justice . o terrible voice of most just judgment which shall be pronounced upon them , when it shall be said unto them , go ye cursed into the fire everlasting , which is prepared for the devil and his angels . therefore brethren , take we heed betime , while the day of salvation lasteth ; for the night cometh when none can work : but let us , while we have the light , believe in the light , and walk as children of the light , that we be not cast into utter darkness , where is weeping and gnashing of teeth . let us not abuse the goodness of god , who calleth us mercifully to amendment , and of his endless pity promiseth us forgiveness of that which is past , if with a perfect and true heart we return unto him . for though our sins be as red as scarlet , they shall be made white as snow : and though they be like purple , yet they shall be made white as wooll . turn ye ( saith the lord ) from all your wickedness , and your sin shall not be your destruction . cast away from you all your ungodliness that ye have done , make you new hearts , and a new spirit : wherefore will ye die , o house of israel , seeing that i have no pleasure in the death of him that dieth , saith the lord god ? turn ye then , and ye shall live . although we have sinned , yet have we an advocate with the father , jesus christ the righteous , and he is the propitiation for our sins . for he was wounded for our offences , and smitten for our wickedness . let us therefore return unto him , who is the merciful receiver of all true penitent sinners ; assuring our selves that he is ready to receive us , and most willing to pardon us , if we come unto him by faithful repentance ; if we will submit our selves unto him , and from henceforth walk in his ways ; if we will take his easie yoke , and light burden upon us , to follow him in lowliness , patience , and charity , and be ordered by the governance of his holy spirit : seeking always his glory , and serving him duly in our vocation with thanksgiving . this if we do , christ will deliver us from the curse of the law , and from the extream malediction which shall light upon them that shall be set on the left hand ; and he will set us on his right hand , and give us the gracious benediction of his father , commanding us to take possession of his glorious kingdom : unto which he vouchsafe to bring us all , for his infinite mercy . amen . ¶ then upon your knees repeat the 51 psalm to the end . miserere mihi deus . psal . 51. have mercy upon me , o god , after thy great goodness : according to the multitude of thy mercies , do away mine offences . wash me throughly from my wickedness : and cleanse me from my sin . for i acknowledge my faults : and my sin is ever before me . against thee only have i sinned , and done this evil in thy sight : that thou mightest be justified in thy saying , and clear when thou are judged . behold , i was shapen in wickedness , and in sin hath my mother conceived me . but lo , thou requirest truth in the inward parts : and shalt make me to understand wisdom secretly . thou shalt purge me with hyssop , and i shall be clean : thou shalt wash me , and i shall be whiter then snow . thou shalt make me hear of joy and gladness : that the bones which thou hast broken may rejoyce . turn thy face from my sins : and put out all my misdeeds . make me a clean heart , o god : and renew a right spirit within me . cast me not away from thy presence : and take not thy holy spirit from me . o give me the comfort of thy help again : and stablish me with thy free spirit . then shall i teach thy ways unto the wicked : and sinners shall be converted unto thee . deliver me from blood-guiltiness , o god , thou that art the god of my health : and my tongue shall sing of thy righteousness . thou shalt open my lips , o lord : and my mouth shall shew thy praise . for thou desirest no sacrifices , else would i give it thee : but thou delightest not in burnt-offerings . the sacrifice of god is a troubled spirit : a broken and a contrite heart , o god , shalt thou not despise . o be favourable and gracious unto sion : build thou the walls of jerusalem . then shalt thou be pleased with the sacrifice of righteousness , with the burnt-offerings and oblations : then shall they offer young bullocks upon thine altar . glory be to the father , &c. ¶ then say the lords prayer , our father , &c. our father , which art in heaven ; hallowed be thy name . thy kingdom come . thy will be done in earth , as it is in heaven . give us this day our daily bread . and forgive us our trespasses , as we forgive them that trespass against us . and lead us not into temptation : but deliver us from evil . amen . ¶ then , o lord , we beseech thee , &c. and the following , prayer . then , turn thou us , o good lord , &c. o lord , we beseech thee mercifully hear our prayers , and spare all those who confess their sins unto thee , that they whose consciences by sin are accused , by thy merciful pardon may be absolved , through christ our lord. amen . o most mighty god and merciful father , who hast compassion upon all men , and hatest nothing that thou hast made , who wouldest not the death of a sinner , but that he should rather turn from his sin , and be saved ; mercifully forgive us our trespasses , receive and comfort us , who are grieved and wearied with the burden of our sins . thy property is always to have mercy ; to thee only it appertaineth to forgive sins . spare us therefore , good lord spare thy people , whom thou hast redeemed ; enter not into judgment with thy servants , who are vile earth , and miserable sinners ; but so turn thine anger from us , who meekly acknowledge our vileness , and truly repent us of our faults ; and so make haste to help us in this world , that we may ever live with thee in the world to come , through jesus christ our lord. amen . turn thou us , o good lord , and so shall we turned . be favourable , o lord , be favourable to thy people , who turn to thee in weeping , fasting , and praying . for thou art a merciful god , full of compassion , long-suffering , and of great pity . thou sparest when we deserve punishment , and in thy wrath thinkest upon mercy . spare thy people good lord spare them , and let not thy heritage be brought to confusion . hear us , o lord , for thy mercy is great , and after the multitude of thy mercies look upon us , through the merits and mediation of thy blessed son jesus christ our lord. amen . finis a persuasive to frequent communion in the holy sacrament of the lord's supper . by his grace john lord arch-bishop of canterbury , 8 vo . price 3 d. englands friend raised from the grave. giving seasonable advice to the lord generall, lievtenant-generall, and the councell of warre. being the true copies of three letters, / written by mr. john saltmarsh, a little before his death. saltmarsh, john, d. 1647. this text is an enriched version of the tcp digital transcription a93599 of text r14442 in the english short title catalog (thomason e566_13). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 10 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a93599 wing s480 thomason e566_13 estc r14442 99859662 99859662 165291 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a93599) transcribed from: (early english books online ; image set 165291) images scanned from microfilm: (thomason tracts ; 87:e566[13]) englands friend raised from the grave. giving seasonable advice to the lord generall, lievtenant-generall, and the councell of warre. being the true copies of three letters, / written by mr. john saltmarsh, a little before his death. saltmarsh, john, d. 1647. saltmarsh, mary. [2], 6 p. printed for giles calvert, at the black spread-eagle at the west end of pauls, london : 1649. editor's note "to the reader" signed: mary saltmarsh. the words "lord .. warre." are bracketed together on title page. annotation on thomason copy: "july 31". reproduction of the original in the british library. eng fairfax, thomas fairfax, -baron, 1612-1671 -early works to 1800. cromwell, oliver, 1599-1658 -early works to 1800. england and wales. -army. -council -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. isle of man -history -17th century. a93599 r14442 (thomason e566_13). civilwar no englands friend raised from the grave.: giving seasonable advice to the lord generall, lievtenant-generall, and the councell of warre. bein saltmarsh, john 1649 1735 1 0 0 0 0 0 6 b the rate of 6 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-05 tcp assigned for keying and markup 2007-05 aptara keyed and coded from proquest page images 2007-06 mona logarbo sampled and proofread 2007-06 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion englands friend raised from the grave . giving seasonable advice to the lord generall , lievtenant-generall , and the councell of warre . being the true copies of three letters , written by mr. john saltmarsh , a little before his death . heb. 11. 4. he being dead yet speaketh . london , printed for giles calvert , at the black spread-eagle at the west end of pauls . 1649. to the reader . these letters were written , and sent according to the superscriptions , by the author a little before his departure ; they might have continued in silence , as they have done ever since , but providence hath otherwise disposed , through the desire of many friends ; and you have them truly printed according to the originall copies . mary saltmarsh . for his excellency the lord fairfax . noble sir , god having raised me up from the power of the grave , though he hath not made known to me yet , what further use he hath of me , but i wait on him whom i have found to be my god , both in sickness and health . sir , at present i am prest in spirit to write to you , & i yet know no other but it is from the spirit of god . there is a mighty noise of unrighteousnesse and injustice in the proceedings at your councels as to the kingdom : and truly sir , this not in most counties onely amongst the people , but amongst the choicest , and the conscientious christians : the hearts of good people are departed from you very much , and from your army and counsells : and sir , whatsoever you or others may think and perswade your selves , yet i am thus free to speak , that god hath at present brought a dark cloud over you , and the lord shew you a way out of it , which is presented to mee to bee this onely way , stop not the breathings of god in meane private christians ; the counsells of god flow there , when the greater persons somtimes ( for his glory ) are left naked without a word of advice from him . i found this desolating evill beginning in your meetings . be faithfull to your ingagements for justice to the kingdome : you have many , and you promised speedy redresse of many things . consider and compare in the light of god impartially , how your first principles , and publike promises and proceedings answer each other : and where you have been unrighteous , delatory , or unfaithfull , be not discouraged speedily to depart out of those tents , least god overtake you with a dispensation of more righteousnesse , and judge you . sir , the cries , the teares , the prayers of the oppressed and afflicted , and the departing of many of gods people in their hearts from you , are and will b● burdensome stones , and cups of trembling . the lord direct you in this your day , that you may not depart from your first love , lest he who is the holy one , the just one , the god blessed for ever , come against you with the spirit of his mouth . sir , i have little more to write , the lord having discharged me of this burden , which was as fire in my bones : and truly the shadowes that some councells of the flesh have brought upon this army lately , hath reached to the darkening of all professing christians in the kingdome , in the hearts of the people of the kingdome : for , where should redresse come ( will they think ) if not from such as professe higher godlinesse then others ? sir , your servant , john saltmarsh . from laystreet in essex , from m. waddis house . for lievtenant-generall cromwell . sir , i have found the lord appearing of late in my weak estate , and i cannot but from these sweet shinings of his desire , to behold the like and more glorious in those who are called to greater actions . sir , it is the voice of people , but that which sounds loudest is the voice of choice , and spirituall desiring christians , that your proceedings have much injustice , great delayes , and the hearts of many good people are turning from you , as you are in these wayes , you are much accused of unfaithfulnesse to solemn ingagements : sir , i was moved long since , you may remember , to tell you what would follow in stopping the breathings of god in private and poor christians , and i must tell you , and i know other , but it is the voice of the lord in me , that i observe you and some others to begin an estrangement to such who were godly , honest and spirituall , and to avoid discourse and communion with them : me thinks i see in the light of god a black cloud over some of you in the army , and i am satisfied in spirit , that there are great transgressions amongst you against publike justice and righteousnesse ; behold , and you shall see before ye the rock against which both king and parliament were dashed , and truly sir , by what i see in your proceeding , and heare of your councells by honest men , some of ye hasten in the flesh to the same distresse . sir , break off this sin by righteousness , return to your communion with christians , let not the wisdom of the flesh intice you under the disguise of christian prudence , for that wisdome is not from above which is not pure and easie to be intreated ; run not to the old shifts of the flesh in these your times of straight , leane not on aegypt , or any imaginary strength which is not of god , if the lord in his goodness and wisdom will have some of your former glory which was his , and you might through temptation think your own , to perish : be not ashamed of the fiery triall , but close in with that which hath most of god in it , do you not hear an oppressed and afflicted kingdome crying out to ye ? believe it sir , all professing christians in all places will suffer what evill is done by ye , the lord shew you wherein you have counselled in flesh , neglected christians , delayed justice , failed in publike ingagements , neglected or grieved some afflicted christians whom you should have comforted , and then peace , glory , and excellent power will appear in you , and christians will blesse god in you , whilst you walk in that more pure administration : and sir know , that you in your person will injoy most of the good or evill that shall follow ; sir , god powres out fresh abilities freely and of meer grace , even rivers and streams of life in such weake vessells of his as we are , and at this fountain i desire you may now live . sir , your servant , john saltmarsh . for the councell of vvarre . honourable , not to repeat to ye the sad outcries of a poor notion for justice and righteousnesse , the departure of the hearts of many christians generally from you , the late testimonies of some in your own bowells , the withdrawing of that glory the lord formerly cloathed ye withall , but this i know ye have not discharged your selves to the people , in such things as they justly expected from ye , and for which ye had that spirit of righteousnesse first put upon ye , by an almighty power , and which carried you on upon a conquering wing : the wisdome of the flesh hath deceived and enticed , and that glorious principle of christian liberty which we advanced in at first , ( i speak as to christians ) hath been managed too much in the flesh . now if the lord hath opened to any of ye the unsoundnesse of any principles then , or in the management of them , i hope he will shew ye a better course and path to walk in , and now ye are met in councell , the lord make ye to hearken to one another from the highest to the meanest , that the voice of god wheresoever it speaks , may not be despised ; and think it no shame to passe over into more righteous ingagements : that wisdome which is from above is easie to be entreated , look over your first ingagements , and compare them with your proceedings , that you may see what you have done , what you must do ; i know it is unsavoury to nature to be accused or taxed , but i hope there will be found that spirit in you , that will esteem the wounds of a friend better then the kisses of an enemy . i write i know to such who in their first love were a people loving god , and his appearances in the meanest christian , and such as pursued the good and happinesse of the kingdome cordially : and if the lord hath not thought to take off the spirit of righteousnesse from ye , and put it upon another people , he will give you to discerne this last temptation wherein sathan hath desired to winnow ye , and ye shall be a diadem once more in the hands of the lord : for my self , as i am my self , there is neither wisdome nor counsell in me , but if the lord hath breathed on my weaknesse for your sakes , i shall rejoyce in that mercy and grace of his . i rest , yours in all righteous ingagements , john saltmarsh . laystreet octob. 28. finis . by the council of state. a proclamation. whereas several officers reduced and disbanded, within the space of a year last past, do now remain in and about the cities of london and westminster, and frequently resort thither, who may be justly suspected (in these times of danger) to be inclineable (through the influence of their discontent with the present posture of affairs) to foment dissatisfactions, and to combine amongst themselves, and with others of the same principle, for disturbance of the publick peace: ... england and wales. council of state. this text is an enriched version of the tcp digital transcription a84471 of text r40212 in the english short title catalog (thomason 669.f.24[23]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a84471 wing e781 thomason 669.f.24[23] estc r40212 99872573 99872573 163754 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a84471) transcribed from: (early english books online ; image set 163754) images scanned from microfilm: (thomason tracts ; 247:669f24[23]) by the council of state. a proclamation. whereas several officers reduced and disbanded, within the space of a year last past, do now remain in and about the cities of london and westminster, and frequently resort thither, who may be justly suspected (in these times of danger) to be inclineable (through the influence of their discontent with the present posture of affairs) to foment dissatisfactions, and to combine amongst themselves, and with others of the same principle, for disturbance of the publick peace: ... england and wales. council of state. 1 sheet ([1] p.) printed by abel roper, and thomas collins, printers to the council of state, london : [1660] title from caption and opening lines of text. dated: saturday the 17 of march 1659. at the council of state at whitehal. date of publication from wing. annotation on thomason copy: "march 19". identified as wing e783 on umi microfilm set "early english books, 1641-1700". reproductions of the originals in the british library and the harvard university library. eng england and wales. -army -officers -early works to 1800. exile (punishment) -england -london -early works to 1800. london (england) -history -17th century -early works to 1800. a84471 r40212 (thomason 669.f.24[23]). civilwar no by the council of state. a proclamation. whereas several officers reduced and disbanded, within the space of a year last past, do now remain england and wales. council of state. 1660 352 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 emma (leeson) huber sampled and proofread 2007-11 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion by the council of state . a proclamation . whereas several officers reduced and disbanded , within the space of a year last past , do now remain in and about the cities of london and westminster , and frequently resort thither , who may be justly suspected ( in these times of danger ) to be inclineable ( through the influence of their discontent with the present posture of affairs ) to foment dissatisfactions , and to combine amongst themselves , and with others of the same principle , for disturbance of the publick peace : the council of state having a due resentment hereof , and in tender respect to the safety of the commonwealth , have thought it necessary , that all and every such reduced and disbanded officer and officers , do on or before the twenty fifth day of this instant march , depart out of the said cities of london and vvestminster , and the late lines of communication , to their respective dwellings and places of abode in the country . and they do hereby charge and require them , and every of them to depart accordingly , and not to return till the first of may next , unless upon satisfaction received of their peaceable spirits and demeanour ; or that they have no dwellings and places of abode in the country , and notice left with the clerks of the council , or one of them , of the places of their residence in and about the said cities , or either of them , they shall obtain leave from the council of state there to continue till further order . herein the council will expect , from all persons concerned , a punctual submission and conformity at their perils . saturday the 17 of march 1659. at the council of state at whitehal ordered that this proclamation be forth with printed and published . wil . jessop , clerk of the council . london , printed by abel roper , and thomas collins , printers to the council of state . 20. januarii 1641. his majesties letter to both houses of parliament. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a78858 of text r209742 in the english short title catalog (thomason 669.f.3[35]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a78858 wing c2398 thomason 669.f.3[35] estc r209742 99868608 99868608 160593 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78858) transcribed from: (early english books online ; image set 160593) images scanned from microfilm: (thomason tracts ; 245:669f3[35]) 20. januarii 1641. his majesties letter to both houses of parliament. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. england and wales. parliament. 1 sheet ([1] p.) printed for f.c. and t.b., london : 1641. [i.e. 1642] with engraving of royal seal of charles i at head of document. reproductions of the originals in the british library (thomason tracts), and the bodleian library (early english books). eng england and wales. -parliament -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a78858 r209742 (thomason 669.f.3[35]). civilwar no 20. januarii 1641. his majesties letter to both houses of parliament. england and wales. sovereign 1641 453 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 john pas sampled and proofread 2008-08 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion 20. januarii 1641. his majesties letter to both houses of parliament . his majesty perceiving the manifold distractions which now are in this kingdome . which cannot but bring great inconvenience , and mischief to this whole government ; in which , as his majesty is most chiefly interested , so he holds himselfe by many reasons , most obliged to do what in him lyes , for the preventing thereof ; though he might justly expect ( as most proper for the duty of subjects ) that propositions for the remedies of these evils , ought rather to come to him , then from him ; yet his fatherly care of all his people being such , that he will rather lay by any particular respect of his owne dignity , then that any time should be lost , for prevention of these threatning evils , which cannot admit the delayes of the ordinary proceedings in parliament ; doth think fit to make this ensuing propositions to both houses of parliament that they will with all speed fall into a serious consideration of all chose particulars , which they shall hold necessary , as well for the upholding and maintaining of his majesties just and regall authoritie , and for the setling of his revenue ; as for the present and future establishing of their priviledges , the free and quiet enjoying of their estates and fortunes , the liberties of their persons , the securitie of the true religion now professed in the church of england , and the setling of ceremonies in such a manner , as may take away all just offence : which when they shall have digested , and composed into one entire body , that so his majestie and themselves may be able to make the more cleare judgement of them : it shall then appeare by what his majesty shall do , how farre he hath been from intending or designing any of those things , which the too great feares and jealousies of some persons seeme to apprehend : and how ready he will be to equall and exceed the greatest examples of the most indulgent princes in their acts of grace and favour to their people . so that if all these present distractions ( which so apparantly threaten the ruine of this kingdome ) do not ( by the blessing of almighty god ) end in an happy and blessed accommodation , his majesty will then be ready to call heaven and earth , god and man to witnesse , that it hath not failed on his part . london , printed for f. c. and t. b. 1641. a true narrative of the particular profits and gaines made by me william lenthall from 1648 during the time i was speaker. lenthall, william, 1591-1662. this text is an enriched version of the tcp digital transcription a47699 of text r37964 in the english short title catalog (wing l1093). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a47699 wing l1093 estc r37964 17156490 ocm 17156490 105990 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a47699) transcribed from: (early english books online ; image set 105990) images scanned from microfilm: (early english books, 1641-1700 ; 1618:11) a true narrative of the particular profits and gaines made by me william lenthall from 1648 during the time i was speaker. lenthall, william, 1591-1662. 7 p. [s.n.], london printed : 1660. reproduction of original in the union theological seminary library, new york. eng lenthall, william, 1591-1662. england and wales. -parliament -history. great britain -history -commonwealth and protectorate, 1649-1660. a47699 r37964 (wing l1093). civilwar no a true narrative of the particular profits and gaines made by me william lenthall, from 1648. during the time i was speaker. lenthall, william 1660 1300 1 0 0 0 0 0 8 b the rate of 8 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2004-01 tcp assigned for keying and markup 2004-02 apex covantage keyed and coded from proquest page images 2004-03 mona logarbo sampled and proofread 2004-03 mona logarbo text and markup reviewed and edited 2004-04 pfs batch review (qc) and xml conversion a true narrative of the particular profits and gaines made by me william lenthall , from 164● during the time i was speaker . london , printed in the year 1660. having seen a letter , which i may judge comes from a friend , it reciting the truth of what losses i have sustain'd , as well as the profits i have made : and perceiving 't is more necessary at this time to shew the truth of what i have gain'd since i was speaker , to undeceive the many that believe , and relate the contrary ; and which i may hope will in some measure plead my vindication , that the errours i have fallen into were not willingly , but accidentally committed . when i was first call'd to be speaker of the house of commons , i think 't is known to most that i had a plentiful fortune in land , and ready money too , a good summe ; and that if i had continued my way of practise , i might as well have doubled my fortune as got what i did , because the estate i had then gain'd , was the profits of my beginnings , and having lost now twenty yeares of the best part of my life , and the greatest of my advantages , it will appear i have been a greater loser then an improver of my fortunes , by those publick places , i have with so much hazard and danger under-gone . i received by the last yeares of my practice , five and twenty hundred pounds by the year , which i quitted when i was made speaker ; and instead of making any advantage by that , i added a great charge , keeping a great retinue and publick table for two yeares , which his majesty taking notice of , gave me six thousand pound , of which to this day i have not received above the one half . immediately after the office of master of the rolls falling by the death of sir charles caesar , i was admitted master of the rolls : but if any one will look back they will find i could not , as well as i have not made the benefit of that imployment as others my predecessors had done ; not onely by reason of the distractions that then were , but also by reason that the court of wards was thought to be taken away , which yielded a yearly profit to that office of at least eight hundred pounds : also the bishops either for their creation , translation or restitution to their temporalties , paying a fee of a hundred pounds , which one year with another made five hundred pound profit . then there was taken away from me the fines on original writs , which in truth was all that was left of advantage to the office ; and by the losse of these fees upon the wardships , bishops and fines on originalls , there was two and twenty hundred pounds yearly taken from the profits of the place . but that which makes the greatest noise , and reflects on me to my greatest prejudice , is the gaines i should make by being speaker ; when there is due onely to the speaker five pound per diem , as a standing fee , and five pound on every private bill ; 't is true both houses were pleas'd to adde five pound upon the composition of delinquents . as for the five pound a day , from my first sitting to my last i never receiv'd one farthing of it : as for private bills their profit was very inconsiderable , and so it will appear , is that of the five pound upon pardons , i having not made by both of them two and twenty hundred and twenty pounds : and this will most evidently appear , because i am check'd by the journall books of the house , where every private bill is enter'd , and so was every pardon ; as also by the serjeant that attends the house , and the clarks , they having a fee also where i have one , and receiving what i had from their hands ; and certainly if my gaines should be so great , theirs could could not have been so mean , especially the clarks , who have a profit out of orders , which the speaker has not ; and yet there was one of them that served in the time of my greatest gaines , and as able a person as has executed that imployment , whose condition was such , that the charity of his friends contributed to the expences of his funerall . other places i executed for some short time , but i think rather from necessity than choice , for there was no one would undertake the execution of them without some other recompence than their fees : as i was one of the commissioners of the great seal , which how unwillingly i received , will appear by my sudden putting of it off , and where none has since executed it without a salary . i was also chancellor of the dutchy , but had onely my labour for my pains , and as soon discharged my self of it . i never had any recompence from the house in money , land , or by other reward , and from 1648. to the last time that i sate , i never received any profit by fee or otherwise from them . and , because the truth may fully appear , and i may apply a cure to those wounds uncertain relation hath given me , i will here following set forth to the view of all , what my estate is both real and personal . in real estate i have not above eight hundred pounds by the year , on the rack rent to my use . the residue of my estate i formerly setled on my son in marriage , and is in his possession , and on the racke rent is not above eight hundred pounds per annum . this all my real estate . my personal estate in money , jewels , plate , houshold-furniture and debts , is not above two thousand pounds , and of this i owe eight hundred pounds . there is a widow , one mrs. staveley , that divers years since made use of my name in putting out four hundred pound upon the security of the excize , but she constantly receives the proceed thereof , and the money is her own . this is a true and impartial particular of my estate real and personal , and whatsoever i have besides , or any one to my use , or in trust for me , i freely relinquish , renounce and disclaim , and shall willingly part with it , and confirm it to any who shall discover it . i shall onely adde for the satisfaction of those who may doubt the truth hereof , that i never lent nor put out any money , nor any one for me in my name or in trust for me , or to my use , upon interest , or upon morgages of lands , or any security whatsoever , whereby or whereupon i might , did , or could receive any interest or recompence for my money . and i am ready to attest the truth of this upon my oath . iune 25. 1660. finis . encouragement for seamen and mariners in two parts : being a proposed method for the more speedy and effectual furnishing their majesties' royal navy with able seamen and mariners, and for saving those immense sums of money, yearly expended in attending the sea-press : in order to prevent those many mischiefs and abuses daily committed (by disorderly press-masters) both at sea and land, to the great prejudice of their majesties, and injury of the subject / by george everett, shipwright. everett, george, shipwright. 1695 approx. 35 kb of xml-encoded text transcribed from 13 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a38834 wing e3546 estc r21074 12565855 ocm 12565855 63333 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a38834) transcribed from: (early english books online ; image set 63333) images scanned from microfilm: (early english books, 1641-1700 ; 691:4) encouragement for seamen and mariners in two parts : being a proposed method for the more speedy and effectual furnishing their majesties' royal navy with able seamen and mariners, and for saving those immense sums of money, yearly expended in attending the sea-press : in order to prevent those many mischiefs and abuses daily committed (by disorderly press-masters) both at sea and land, to the great prejudice of their majesties, and injury of the subject / by george everett, shipwright. everett, george, shipwright. vi, 7-24 p. [s.n.], london : 1695. reproduction of original in cambridge university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -royal navy. impressment. 2006-11 tcp assigned for keying and markup 2006-11 aptara keyed and coded from proquest page images 2006-12 jason colman sampled and proofread 2006-12 jason colman text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion encouragement for seamen & mariners . in two parts . being a proposed method for the more speedy and effectual furnishing their majesties royal navy with able seamen and mariners . and for saving those immense sums of money , yearly expended in attending the sea-press . in order to prevent those many mischiefs and abuses daily committed ( by disorderly press-masters ) both at sea and land , to the great prejudice of their majesties , and injury of the subject . by george everett , shipwright . london , printed in the year , mdcxcv . to the right honourable the lords spiritual and temporal , and commons of england , assembled in parliament . with submission , in humble respect to his majesties most gracious speech , i do most humbly offer these following proposals , for the encouraging of seamen , in order to furnish their majesties royal navy on all occasions : wherein is briefly set forth the great hardships and sufferings of those imployed in sea-service , together with proper remedies to prevent the same ; whereby their majesties , and the publick , may save those immense sums of money yearly expended on such occasions ; the seamen be happy and easy in such service ; the merchants enjoy a free trade , without interruption ; the whole nation be happy under the present influence of a war , many grievances attending thereon be redress'd , vice punish'd , vertue promoted , our enemies terrified , and our selves encouraged , by the blessing of the almighty , to prosecute this so great and glorious vndertaking , and thereby regain our former honour of being master of the british seas , to the glory of their majesties , the peace and happiness of the whole nation : most humbly begging your honours to pardon this my vndertaking , to pass by my errors with patience , and to correct all that is amiss with prudence , and to consider my former proposals , humbly offered for the saving 100000l . per annum in building and repairing the royal navy ; which by his majesty's order of the 22d of march last , was referred to the right honourable the lords commissioners of the admiralty , and at the writing hereof is yet lying under their lordships consideration . all which ( out of a hearty and zealous inclination of serving their majesties and the publick ) i do most humbly recommend to your honours consideration ( as the only physicians under god , from whom a redress of all our grievances are desired and expected ) in hopes of your favourable acceptance and encouragement thereof , for the service of their majesties , the benefit of the subject , and the good and welfare of the whole nation , most humbly praying that a committee may be appointed to examine and consider the same ; and that i may be admitted to give reasons , and answer to all objections . i humbly submit my self , your honours most faithful and obedient servant , geo. everett . proposals ▪ consisting of two parts , most humbly offered for the encouragement of seamen , and for supplying their majesties royal navy with able seamen and mariners on all occasions . part the first . forasmuch as it is altogether needless to give an account of the particular charge of the nation in impressing of seamen for their majesties service , that being already performed by others ; and it being well known that after all the charge and trouble therein , many of the most able and fittest for sea-service do lie lurking and conceal'd , taking an opportunity to make a voyage or two to newcastle , or otherwise , as theysee most convenient for their own advantage , to the great hindrance of their majesties service , the discouragement of others belonging to the fleet , and great prejudice of many , who being unfit for sea-service , are forced to supply in such case : proposal 1. for remedy thereof ( upon the especial approbation of the honourable admiral russel , and several other eminent persons of known experience in maritime affairs ) it is humbly proposed , that in every seaport-town ( according to the greatness thereof ) an office and officers ( being persons of known integrity and good repute ) may be erected and settled , for taking and keeping a register of seamen and mariners : and to that end the churchwardens and overseers of the poor of every parish within ten miles of any sea-coast ▪ or navigable river , within this kingdom , shall within fourteen days after notice given ( by proclamation ) be sworn duly to enquire and take a list of all seamen and mariners , inhabiting and residing within their respective parishes , being between the age of 16 and 60 , whether at home or abroad , and shall deliver the same under their hands to the sheriff of the county to which they do belong ; which said sheriff shall within twelve days after the receipt thereof , transmit a copy of the same to the next port-office , where the same shall be carefully entered alphabetically , for every parish and county distinctly , in a book or books for that purpose to be provided . ☞ this cannot be accounted any great trouble , there being in every parish four or six such officers at least , who dividing themselves , with their beadle , who is generally acquainted with all the parishioners , may perform the same effectually in one day . ☞ neither can it be accounted troublesom to the sheriffs , it being not expected to be more than once a year at most ; and may , by their directions , be perform'd by their servants : and , being a national concern , ought to have a national assistance , which will partly be effected by such officers changing places every year . prop. 2. and that all masters of ships and other vessels using the sea , or trading from port to port coast-wise , ( except such vessels as are or shall be employed in the home trade of fishery for supplying the several markets of this kingdom ) shall , at the beginning of their voyage , and before they depart the first port , give into that port-office a true list of the names of all seamen and mariners retained to serve on board their said ships or vessels , together with their age , and what outward marks may be found , as also their place of residence or habitation , if any such they have : which being performed , the said masters ( if not restrained by imbargo or other order ) may with their company have liberty to proceed on their intended voyage , both out and home , without danger of being impress'd , one of the said officers first giving a certificate under his hand and seal , as a protection for the use of each seaman thereunto belonging , being between the age of 16 and 60 years , as aforesaid ; and also a duplicate thereof to the master , for which he shall pay unto the said officer , if a coaster , 2s . and 6d . and if a trader to foreign parts , 5s . per head for every person therein nominated ; which said monies may be allowed for and towards the maintenance and encouragement of such officers . ☞ by the aforesaid means it may be possible to obtain a full register of all the seamen of england , and thereby know who is in service and who is not , whereby the royal navy , upon all occasions , may be ready manned with able seamen , and no hiding-place left for deserters or others : and the head-money proposed will be gladly paid to avoid those great perils and losses which too often happen , to the great prejudice of their majesties , and all others concern'd at sea , by means of the sea-press . prop. 3. and upon return of the said ship or vessel to her port of delivery or unlading , that then the said master thereof shall be further obliged ( if belonging to a ship or vessel using the coast-trade ) within four days , or if a merchant-ship trading to foreign parts , within ten days or more ( as may be thought convenient ) to pay such his ship 's company in the presence of one of the aforesaid officers at a place and day prefix'd . and if it happen that any change or alteration hath been made amongst the said company during the said voyage , that then the said master do give an account to the said officer , who may be impowered to make inquiry therein ; and whosoever of the said company , shipped outward or homeward , appeareth not in person to receive his wages at such time and place prefixed ( without some lawful cause or let shewed to the contrary , being such as may be allowed by the directors of such office , or officers ) shall lose and forgo his whole wages , one half to the use of their majesties , and the other to the chest of chatham , or otherwise , as may be thought convenient . ☞ and the said officers ( being impower'd to make inquiry as aforesaid ) will cause masters to be more cautious how they do imprison and pack their seamen off in foreign countries ; an abuse too much practised , even to the ruin of many families , which brings much poverty on the nation , especially about rivers and sea-port-towns . prop. 4. and if it should happen that any of the said ships or vessels should deliver or unlade at any other port within this kingdom , that then the officer of such port may , by the master's duplicate , ( he being obliged to produce the same , or otherwise by a copy of the register from the other first officer ) be enabled to procede in all respects as aforesaid . ☞ for conveniency a copy of all registers may be transmitted from all ports to yarmouth and portsmouth , for the ready dispatch of all such affairs ; but more especially to the port-office of london . prop. 5. and that every officer , in his respective place , ( at the time of paying such seamen as aforesaid ) shall then cause all such as are fit for their majesties service to be forthwith sent on board some ship belonging to the fleet , as occasion shall require ; the charge thereof to be paid by their majesties : and all such as are so sent on board their majesties ships shall have equal benefit with those seamen who do or shall enter themselves as volunteers . ☞ by such means there will be a constant supplying of the royal navy with able seamen : and by this means such who use to steal a voyage or two , will unavoidably be brought into their majesties service without prejudice to any ; which will be an encouragement to others belonging to the fleet , and will prevent the pressing of tradesmen from their business . prop. 6. and as every merchant-ship or vessel hath a carpenter or two belonging unto it , who for great wages go voluntarily to sea , their majesties ships may by the means aforesaid , be plentifully supplied with able shipwrights , the most experienced and fittest for sea-service . prop. 7. and at the end of every year the said officers shall present their majesties with a general list of all seamen and shipwrights so sent on board of every particular ship ; and , if thought convenient , shall have an additional allowance from their majesties of two shillings and sixpence per head , as an encouragement and maintenance for such their service . prop. 8. and whatsoever officer or ship-master offendeth herein , contrary to the true intent and meaning thereof , shall forfeit pounds to the use of their majesties , pounds whereof may be allowed to the informer . ☞ this charge cannot be accounted great , for by this means the prodigious expence of hiring smacks and ketches to attend the press will determine ; and 1000 men and boys commonly imployed therein may be at liberty to serve their majesties on board the fleet , besides the charge allowed and expended by captains and lieutenants on such occasions . ☞ and the seamen and shipwrights belonging to merchants ships , being so secured for their majesties service , may enjoy the benefit of selling and disposing what they have as an adventure on board their respective ships , together with the happiness of receiving their wages , and providing themselves with apparel , and other necessaries fit for sea-service , and be sent on board the fleet like men , who otherwise , after a long and tedious voyage , without recruit or money , are forced on board their majesties ships in a poor and ragged condition , which is one main occasion of sickness and distempers on board the fleet ; and for such reasons many refuse to go to sea , and others forsake their ships in foreign nations . ☞ and by such means as aforesaid merchants ships at sea , and under convoy , may be secure from the rage and ill usage of some commanders ; who , if denied their unreasonable demands for light or convoy-money , do often cause the seamen to be impress'd , whereby such ships or vessels are too often disabled , and the ship and goods , with the small and helpless number of men left on board , do often miscarry or perish at sea ; whereby the merchants lose their goods , their majesties lose their customs , the subjects lose their lives , the owners their ship or vessel , and many become widows and fatherless thereby ; which brings great complaints and poverty throughout the nation . proposals . part the second . prop. 1. ; and as the honour and glory of the english nation doth so much depend upon the strength and good conduct of the royal navy , so it may be highly necessary , at such time when the common enemy is so potent and powerful , that all due encouragement be given to seamen and mariners . and to that end it is most humbly proposed , that no offices belonging to the fleet be bought or sold , but that every person may be preferred according to his deserts and merits . prop. 2. that the said seamen be allowed their full share of all prizes that shall be taken , and that some law be passed to prevent imbezlements therein ; and that those persons , in what station soever , that shall endeavour to defraud them of such parts and shares as have by custom , or may hereafter be allowed , shall ( being convicted thereof ) forfeit his said office or employment . prop. 3. that if any seamen be dismembred in their majesties service , such smart-money as hath been formerly allowed may be advanced , and be forthwith duly paid . and further , that there may be an additional allowance made for all such pensioners as shall be dismembred in their majesties service . prop. 4. that if any seamen be killed in their majesties service , that the bounty-money generally allowed on such occasions be forthwith paid to those who shall produce a just right to receive the same . prop. 5. that all profaneness , which having by long custom gotten the ascendant on board the fleet , be forthwith suppress'd and abolished , and all offenders ( being officers ) may be displaced , and others receive such punishment as may be appointed by authority of parliament . prop. 6. and that no seaman or mariner that hath served twelve months in any of their majesties ships , shall be turn'd over to serve on board any other of their majesties ships before he be paid all wages due to that time . prop. 7. that when and so often as their majesties ( by their royal proclamation ) shall require the service of such seamen on board the royal navy by such a day or time prefix'd , that all able seamen who shall in obedience thereunto voluntarily enter themselves , by applying to the next port-officer or officers , shall be allowed , during the whole voyage , 28s . per month , according to the course of the navy ; and that so often as any of their majesties ships shall arrive into any harbour to lay up for any time , that then the seamen and mariners thereunto belonging shall be forthwith discharged ; and that all wages to them then due for such service be fully paid , not in tickets , but in money : and if the voyage be long , that then their wives or friends , having a lawful power to receive the same , may be paid six months wages out of every nine months that such ship shall be abroad . prop. 8. that all such sea-men now belonging to the royal navy as shall be continued on board the fleet at such time as the service of others shall be required by proclamation as aforesaid , may have and receive the full benefit of such as shall then enter themselves as volunteers . prop. 8. that there be one clerk at the navy-office to attend all accidental business that may happen touching the premises , and that he be allowed by their majesties l. per annum , to answer and receive money for all such persons as shall employ him on such occasion ; and that he may be allowed 6d . or 12d . per pound , as shall be thought fit , for all such money as he shall so receive : and the said clerk making default therein , to be displaced , and suffer such fine or other punishment as the parliament shall think fit . ☞ by such payments as aforesaid seamen may be enabled to provide for themselves and families , and to pay their debts , which is one means to make money plenty throughout the nation , and will encourage them , when occasion shall require , freely and gladly to enter themselves into their majesties service , without the charge of being pressed or continued in pay for the whole year . and being certain of such provision made for the maintenance of themselves and families , it will make them bold and daring , not being afraid to look death in the very face of their enemies . ☞ it is to be observed , that for want of such payment as aforesaid , the seamen are greatly injured and discouraged ; first especially when instead of money they are put off with tickets , whilst many of them and their families wanting food and rayment , are compelled to sell such tickets at one third parr , and sometimes one half loss ; so that thereby the seamens pay is very small and insignificant , who after having exposed themselves to the greatest dangers , are so cut off , being but as slaves and drudges to the common ticket-buyers and their upholders , who for supplying them so with money do carry away the greatest part of their labour , when many of their poor families are ready to perish . secondly , the paying such their wages on board the fleet at such time as they are ready to sail , is very injurious both to seamen and others ; for by such means they have not the opportunity to serve themselves or families , but are obliged to buy all their necessaries on board the common higlers or boomboats , ( and they not many ) who , making it their business to attend the fleet , do , by their extortion , bring away the greatest part of the seamens wages . so that a great part of the treasure of the nation , which ought to be divided amongst all , falls into the hands of a few private persons ; whereas , if such payment were to be made on shore , as aforesaid , they may have the benefit to buy all they want at the best hand , to pay their debts and relieve their families . and by this means all such money would , as from a fountain , pleasantly distil it self into so many silver streams , until it returns again to its first rise : which would be a great encouragement to seamen and all other their majesties good subjects , who being now obliged to give them and their families credit , are forc'd to sit down by loss , which is one great cause of the decay and detriment of trade . ☞ if it should be objected , that paying the seamen their wages on shore ( upon the discharge of their service as aforesaid ) will cause them to desert their majesties service , 't is humbly answered , that there being in england a sufficient number to serve both their majesties royal navy and merchants ships at one time , as by sufficient testimony did appear this last summer , it is impossible to believe the royal fleet should ever want seamen , if good payment was to be made , and encouragement given as aforesaid , for these reasons following . first , they being in such service are more secure from the enemy than in merchants ships . secondly , being allowed thirteen months to the year , without after-claps , or paying damages , which ( in merchants ships ) often cuts off one months pay in three . thirdly , if a ship of their majesties happen to be lost , the seamens wages stand good . fourthly , being out of all danger of being impress'd , during the whole voyage ; by means whereof in merchants ships they often lose both their wages and adventure . fifthly , having a prospect in making advantage by taking of prizes . sixthly , if loss of members happen , smart-money is allowed , with a yearly pension during life . seventhly , if killed in fight , a considerable bounty-gift is bestowed on their families , according to the greatness thereof ; when seamen in merchants ships , running all risques as aforesaid , fall far short of these so great advantages . prop. 9. furthermore it is proposed , that if any difference should happen within the term of the said voyage between the master of such merchant's ship or vessel , and any of the seamen belonging thereunto , for or by reason of any wages due , or goods damaged by leekage of the ship or vessel , such differences may be determined by such officer as aforesaid , who may be impowered to call to his assistance two , three or more honest and indifferent men , being sufficient house-keepers , who may have power to hear and determine all such differences as aforesaid , which would be of great advantage to poor seamen ; who , by reason of poverty and the press , being not in a capacity to maintain or attend a suit of law , are often ruined and undone . ☞ if it should be objected that this may prove prejudicial to the government , it is humbly answered , that the seamen in general , by such injuries , and for such reasons as aforesaid , are not in a capacity to go to law ; so that where nothing is , nothing can be expected . ☞ so that by thus civilly impressing of some , and paying and encouraging of others as aforesaid , it may be presumed their majesties royal navy may at all times be readily and plentifully provided with the most able seamen and mariners on all occasions , and all extraordinary charge of impressing and maintaining them on board the fleet the winter-season ( which by captain st. lo was computed at 504000l . for one winter-season , besides 60000l . expended for conduct , bounty , and impress-money ) avoided , and saved , as well now as in former times . and to this all the seamen and faithful people of england will say , amen . ☞ if any objection should be made , that in manning the royal navy according to the methods of this second proposition , their majesties affairs may be prolonged or prejudiced thereby , then it is humbly proposed , that a recourse may be had to the aforesaid register , as followeth . prop. 10. that the right honourable the lords commissioners of the admiralty calling to the port-officers of london for a general list of all seamen in each county ( taken as aforesaid ) may direct their warrants to the several sheriffs of the counties aforesaid , requiring them to direct their precepts to the several constables of each parish as aforesaid , who with the assistance of the church-wardens and overseers of the poor shall forthwith ( to the utmost of their power ) cause such and so many as are required ( by an equal quota ) to appear before the next port-officer who shall dispose of them on board their majesties ships , as shall be most meet and convenient for their majesties service : and such as press men to be allowed but 24s . per month. and what seamen soever shall abscond from their habitation , or usual place of being , at such time as the service of their majesties shall require them on board the fleet , shall suffer imprisonment , or as the parliament shall think fit . and that the port-officer do then forthwith pay unto the said constables , for travelling and other necessary charges , the sum of 2s . 6d . per head , for every person by them delivered or produced as aforesaid ; and that the said port-officer be allowed the same ( with other necessary charges for sending such on board the fleet ) out of their majesties treasury . by what hath been proposed i hope it will appear , that the impressing of seamen and others by sea-officers may be wholly laid aside , which hath hitherto been very chargeable to their majesties , and injurious to the subjects , as is briefly summed up as followeth . 1. that several vessels imployed in that service , after having laid twelve or fourteen days in the river of thames on that occasion , have by the ill management of some lieutenants thereunto belonging , been sent on board their majesties ships with twenty or thirty men at one time , who being not fit or useful in such service , have been often discharged and turned ashore , by which means their majesties treasure hath been vainly expended ; and many land-men and tradesmen have been often carried from their habitations to the downs , portsmouth and plimouth , to their great charge and prejudice . 2. that the impressing and detaining seamen in their majesties service on such hard terms as before specified , causeth many to desert their majesties service , who by such means come to an untimely exit . and many seamen there be , who having families , will rather expose themselves to such vile and shameful ends , than leave their families to perish for want of food and raiment . 3. many other inconveniences there be attending the present discipline of the navy , as paying the fleet at portsmouth , &c. whereby their majesties affairs are often retarded , and the seamen whose wives or friends are very populous about the river of thames , do , by travelling and attending at such remote parts , often expend more than they receive , whereby many families are ruined and undone : and many others there be , who for want of money are obliged to take up all they want upon trust , paying one shilling for the value of nine pence , losing thereby 25l . per cent. and by selling their tickets , as aforesaid , they generally lose 30 , 40 , or 50l . per cent. so that by a modest computation their whole loss amounts to 60l . per cent. out of their small wages . 4. the turning of seamen over from one ship to another , after having been in such service one , two , or three years without money , produceth the same effect as the former . 5. for the aforesaid reasons the seamen , their wives and friends , are at a great charge and trouble by petitioning and attending the admiralty and navy-board , ( on such occasions ) who spend great part of their time in hearing and examining these and such like grievances . 6. whereas if seamen were paid and encouraged as aforesaid , these mischiefs and disorders , with many others , occasioned by several indirect practices of the clerks of the navy , &c. would soon cease and be abolished . 7. and for promoting the same it is further proposed , that a sutable fund of money be raised and set apart for such uses and purposes : and if the same should fail , or fall short of what is intended , that then they may be supplied with such funds as shall be appropriated to pay merchant-dealers and tradesmen , who being under no compulsion in making agreement for their commodities , are in a capacity to help themselves . 8. and if a sufficiency of money cannot be raised as aforesaid , that then it may be borrowed ; and suppose at 10l . per cent. per annum , yet will be of so great use in answering these ends , that its presumed their majesties will thereby save 200000l . per annum , or more : but if the late ingenious proposals to supply their majesties with money at 3l . per cent. per annum , be put into practice , the advantages accruing to their majesties by this proposed method will be much greater , and the doubts and objections that may arise touching the insufficiency of making such orderly payments as aforesaid , will be removed . 9. thus by preferring frugality , and abolishing extravagancy , their majesties , with the usual funds generally raised and allowed for such occasions , will soon be in a capacity of paying and providing with ready money all things useful and necessary for carrying on the war ; and the enemy taking notice of our industry and abilities , the usual forerunners of great actions , will be thereby discouraged , as they are certain presages of their approaching downfal . 10. and that by such means the general trade of the nation will be better supplied at home , and secured abroad ; and the subjects thereby inabled and encouraged to give supplies to carry on the war , and their majesties thereby be the better supported to prosecute and continue the same . 11. thus having , as i humbly conceive , proposed a sure and certain method to prevent those evils occasioned by the sea-press , which ( if put in practice ) i dare affirm , will be a useful instrument to vanquish and overcome all our enemies both foreign and domestick ; it being observable , that since my former proposals made for performing of shipwrights work , the impressing of workmen for that service hath been little practised . in all that hath been most humbly offered i have studied brevity more than curiosity , my design being to serve my country rather than to shew my skill in learning ; and therefore do present the same , not as the labour of my spare minutes , but as the fruit of a labourious brain , that hath and will be always ready to serve their majesties and the government upon all occasions . i shall only offer these following queries , most humbly praying they may be considered . 1. whether the nation under the present circumstances of a war , can long continue a sutable supply of money to carry on the same , under the pernicious effects of extravagancy ? 2. whether money raised in parliament with care , collected with trouble , and paid with tears , requires not the most serious thoughts and endeavours of all its disposers , for converting the same , in all circumstances , to the most useful and advantagious purposes ? 3. whether the king exposing his royal person in so many dangers abroad , for promoting the happiness and well-being of the nation , doth not expect the due assistance of all other his officers and subjects , indispensibly to use their utmost endeavours for the full accomplishing his royal purposes ? 4. whether the saving those immense sums of money , as aforesaid , will not settle the minds of their majesties good subjects , and stop the mouths of the most disloyal and restless spirits , who raise animosities amongst us , and instil wicked notions into the minds of their majesties subjects , representing the government as under an unsettled condition , and groaning under oppression , by reason of great taxes , and a lingring and expensive war , and a want of trade , and raising their expectations of a speedy change , who finding their hopes defeated by an unanimous resolution of rooting out the evils occasioning the same , can have no future pretence to such calumniating reflections on the government for bringing to pass their evil purposes ? 5. whether the buying and selling of publick places be not an undoubted inlet to bring their majesties enemies into such stations , being of dangerous consequence to the government ? 6. whether it will not be for their majesties and the nation 's interest to advance persons to places of trust according to their merits , and not permit those to be discountenanced , and to labour under difficulties , who expose frauds and extravagancies , and propose proper remedies for the cure of those evils ? and whether the brow-beating and discouraging those who endeavour to make such discoveries , is not an effectual means to prevent all others from appearing in such like cases ? much more might be added , which for brevity sake is omitted . i shall humbly conclude with the following admonition of king henry the ivth , who upon his death-bed spake to his son as followeth ; so long as english-men have wealth , so long shalt thou have obedience from them ; but when they are poor , they are then ready for commotions and rebellions : from which , and all other evils , good lord deliver us both now and for evermore . finis . the queenes speech as it was delivered to the house of commons by sir thomas jermyn comproller, iuly 21, 1641. henrietta maria, queen, consort of charles i, king of england, 1609-1669. this text is an enriched version of the tcp digital transcription a43336 of text r213815 in the english short title catalog (wing h1467a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 1 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a43336 wing h1467a estc r213815 99826088 99826088 30480 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43336) transcribed from: (early english books online ; image set 30480) images scanned from microfilm: (early english books, 1641-1700 ; 1760:18) the queenes speech as it was delivered to the house of commons by sir thomas jermyn comproller, iuly 21, 1641. henrietta maria, queen, consort of charles i, king of england, 1609-1669. 1 sheet ([1] p.) s.n., [london : 1641] caption title. imprint from wing. reproduction of the original in the harvard university library. eng england and wales. -parliament -early works to 1800. great britain -politics and government -1603-1714. a43336 r213815 (wing h1467a). civilwar no the queenes speech as it was delivered to the house of commons by sir thomas jermyn comproller, iuly 21, 1641. henrietta maria, consort of charles i, king of england, queen 1641 192 2 0 0 0 0 0 104 f the rate of 104 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-11 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-02 mona logarbo sampled and proofread 2008-02 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the qveenes speech as it was delivered to the house of commons by sir thomas jermyn comptroller , iuly 21 , 1641. when the parliament did the other day expresse their affections to me , in taking into consideration the journey which i had resolved on for the recover● of my health , and represented a desire of my stay with a tender care of removing all occasions of my indisposition , i could not then give a positive answer , such as i desired for their satisfaction , because i knew not that my health would give way unto it : but since that time i have resolved to venter my health , and for complying with their desires not to go , since my presence here will be acceptable unto them , and that they conceive it will be for the good of the kingdome , for i desire ●●thing more , then to let you see that i shall in all things be ready to gratifie them , and to serve the state , though , as i then said , with the hazard of my life . his majesties most gracious speech, together with the lord chancellors, to the two houses of parliament at their prorogation, on monday the nineteenth of may, 1662 charles ii, king of england, 1630-1685. 1662 approx. 25 kb of xml-encoded text transcribed from 12 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a32326 wing c3170 estc r16202 12952352 ocm 12952352 95958 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32326) transcribed from: (early english books online ; image set 95958) images scanned from microfilm: (early english books, 1641-1700 ; 733:14) his majesties most gracious speech, together with the lord chancellors, to the two houses of parliament at their prorogation, on monday the nineteenth of may, 1662 charles ii, king of england, 1630-1685. clarendon, edward hyde, earl of, 1609-1674. 23 p. printed by john bill and christopher barker ..., london : 1662. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. 2002-05 tcp assigned for keying and markup 2002-06 spi global keyed and coded from proquest page images 2002-07 mona logarbo sampled and proofread 2002-07 mona logarbo text and markup reviewed and edited 2002-08 pfs batch review (qc) and xml conversion his majesties most gracious speech , together with the lord chancellors , to the two houses of parliament , at their prorogation , on monday the nineteenth of may , 1662. diev·et mon·droit honi·soit·qvi·mal·y pense· c r london : printed , by iohn bill and christopher barker , printers to the kings most excellent majesty . 1662. cum privilegio . his majesties most gracious speech to his two houses of parliament , on monday the nineteenth of may , 1662. my lords , and you gentlemen of the house of commons , i think there have been very few sessions of parliament , in which there have been so many bills , as i have passed this day : i am confident , never so many private bills , which i hope you will not draw into example . it is true , these late ill times have driven men into great streights , and may have obliged them to make conveyances colourably , to avoid inconveniences , and yet not afterwards to be avoided ; and men have gotten estates by new and greater frauds then have been heretofore practised ; and therefore in this conjuncture , extraordinary remedies may be necessary , which hath induced me to comply with your advice , in passing these bills ; but i pray let this be very rarely done hereafter : the good old rules of the law are the best security ; and let not men have too much cause to fear , that the settlements they make of their estates , shall be too easily unsettled when they are dead by the power of parliaments . my lords and gentlemen , you have so much obliged me , not onely in the matter of those bills which concern my revenue , but in the manner of passing them , with so great affection and kindness to me , that i know not how to thank you enough . i do assure you , and i pray assure your friends in the countrey , that i will apply all you have given me , to the utmost improvement of the peace and happiness of the kingdom , and will , with the best advice and good husbandry i can , bring my expences within a narrower compass . now i am speaking to you of my own good husbandry , i must tell you , that will not be enough ; i cannot but observe to you , that the whole nation seems to me a little corrupted in their excess of living . sure all men spend much more in their clothes , in their diet , in all their expences , then they have used to do . i hope it hath onely been the excess of joy , after so long sufferings , that hath transported us to these other excesses ; but let us take heed that the continuance of them doth not indeed corrupt our natures . i do believe i have been faulty that way my self ; i promise you , i will reform , and if you will joyn with me in your several capacities , we shall by our examples do more good , both in city and countrey , then any new laws would do . i tell you again , i will do my part , and i will tell some of you , if you do not do yours . i hope the laws i have passed this day will produce some reformation with reference to the multitude of beggars and poor people which infest the kingdom ; great severity must be used to those who love idleness , and refuse to work , and great care and charity towards those who are willing to work . i do very heartily recommend the execution of those good laws to your utmost diligence , and i am sure i need not put you in minde so to settle the militia , that all seditious insurrections may not onely be prevented , to which the mindes of too many are inclined , but that the people may be without reasonable apprehension of such insecurity . you will easily believe , that it is very necessary for the publick iustice of the kingdom , and even for the preservation of the reverence due to parliaments , that i make this a session ; and it will be worthy of your wisdoms when you come together again , to provide that there be not so great clamour against the multitude of protections . i will say no more , but renew my hearty thanks to you all , and refer the rest to the chancellor . his majesties speech being ended , the lord chancellor began as followeth . the lord chancellors speech . my lords , and you the knights , citizens and burgesses of the house of commons , it is now little more then a year that the king first called you to attend him here , at the opening of the parliament ; then you may remember he told you , that he thought there were not many of you , who were not particularly known to him ; that there were very few of whom he had not heard so much good , that he was ( he said ) as sure as he could be of any thing that was to come , that you would all concur with him , and that he should concur with you in all things , which might advance the peace , plenty , and prosperity of the nation . his majesty said he should be exceedingly deceived else . it was a princely declaration , and a rare confidence , which could flow from no other fountain , but the sincerity and purity of his own conscience , which admitting no other designs or thoughts into his royal breast , but such as must tend to the unquestionable prosperity and greatness of his people , could not but be assured of your full concurrence and co-operation with him. it was a happy and a blessed omen , which at the instant struck a terrour into the hearts of those , who promised themselves some advantages from the differences and divisions in your councels , and hoped from thence to create new troubles and molestations in the kingdom ; and , god be thanked , the king hath been so far from being exceedingly deceived , that he doth acknowledge he hath been exceedingly complied with , exceedingly gratified in all he hath desired , and he hopes he hath not in the least degree disappointed your expectation . mr. speaker , and you gentlemen of the house of commons , you have , like the richest and the noblest soil , a soil manured and enriched by the bountiful hearts of the best subjects in the world , yielded the king two full harvests in one year ; and therefore it is but good husbandry to lie fallow for some time : you have not only supplied the crown to a good degree for discharging many debts and pressures , under which it even groaned , and enabled it to struggle with the present streights and necessities , debts not contracted , and necessities not run into by improvidence and excess ; you may , when you please , receive such an accompt , as will clear all such reproaches ; but you have wisely , very wisely provided such a constant growing revenue , as may with gods blessing preserve the crown from those scandalous wants and necessities , as have heretofore exposed it and the kingdom to those dismal miseries , from which they are but even now buoyed up ; for whatsoever other humane causes may be assigned , according to the several fancies and imaginations of men , of our late miserable distractions , they cannot be so reasonably imputed to any one cause , as to the extream poverty of the crown : the want of power could never have appeared , if it had not been for the want of money . you have , my lords and gentlemen , worthily provided for the vindication and manifestation of the one by the bill of the militia , and for the supply of the other by the act for the additional revenue ; and i am confident , both the present and succeeding ages will bless god , and celebrate your memories for those two bills , as the foundation of their peace , quiet and security , how froward and indisposed soever many are at present , who f●nding such obstructions laid in their way to mutiny and sedition , use all the artifice they can to perswade the people , that you have not been sollicitous enough for their liberty , nor tenacious enough for their profit , and wickedly labour to lessen that reverence towards you , which sure was never more due to any parliament . it was a very natural and an ingenious animadversion and reflection , which the late incomparable lord viscount of st. albans made upon that old fable of the giants , who were first overthrown in the war against the gods , when the earth , their mother , in revenge thereof , brought forth fame ; which he said , is the same , when princes and monarchs have suppressed actual and open rebellion , then the malignity of the people , the mother of rebellion , doth bring forth libels , slanders , and taxation of the state , which , he saies , is of the same kinde with rebellion , but more feminine . and without doubt this seditious daughter of the earth , this spirit of libelling , was never more pregnant then it is now ; nor king , nor parliament , nor church , nor state , ever more exposed to those flagella linguae , those strokes of the tongue , from which god almighty can only preserve the most innocent and most excellent persons ; as if repining and murmuring were the peculiar exercise of the nation , to keep it in health ; as if england had so much of the merchant , nunquam habendi fructu foelix , semper autem quaerendi cupiditate miserrima . men are in no degree disposed to imitate , or remember the general excellent temper of the time of queen elizabeth , the blessed condescention and resignation of the people then to the crown , the awful reverence they then had to the government , and to the governours , both in church and state. this good and happy spirit was in a time beyond our memory , but they remember ; as if it were but yesterday , how few subsidies parliaments then gave to that queen , how small supplies the crown then had from the people , and wonder that the same measures should not still fill the coffers , and give the same reputation , and make the same noise in christendom . but ( my lords and gentlemen ) how bold soever some unquiet spirits are with you , upon this argument , you are much superiour to those reproaches . you know well , and you can make others know , without breaking the act of indempnity , how the crown hath been since used , how our soveraign lord the king found it at his blessed return to it ; you can tell the world , that as soon as he came hither , besides the infinite that he forgave , he gave more , more money to the people , then he hath since received from them ; that at least two parts of three , that they have since given him , have issued for the disbanding armies never raised by him , and for payment of fleets never sent out by him , and of debts never incurred by him. you will put them in mind of the vast disparity between the former times , and these in which we live , and consequently of the disproportion in the expence the crown is now at , for the protection and benefit of the subject , to what it formerly under-went . how great a difference there is in the present greatness and power of the two crowns , and what they were then possessed of , is evident to all men ; and if the greatness and power of the crown of england be not in some proportion improved too , it may be liable to inconveniencies it will not undergo alone . how our neighbours and our rivals , who court one and the same mistress , trade and commerce , with all the world , are advanced in shipping , power , and an immoderate desire to engross the whole traffick of the universe , is notorious enough ; and this unruly appetite will not be restrained , or disappointed , nor the trade of this nation supported and maintained , with the same fleets and forces which were maintained in the happy times of q. elizabeth . not to speak of the naval power of the turks , who in stead of sculking abroad in poor single ships as they were wont to do , domineer now on the ocean in strong fleets , make naval fights , and have brought some christians to a better correspondence , and another kind of commerce and traffique with them , then was expected , insomuch as they apprehend no enemy upon the sea , but what they find in the king of englands ships , which hath indeed brought no small damage upon them , with no small charge to the king , but a great reputation to the nation . my lords and gentlemen , you may with a very good conscience assure your selves , and your friends and neighbours , that the charge the crown is now at by sea and land , for the peace and security , and wealth and honour of the nation , amounts to no less then eight hundred thousand pounds a year ; all which did not cost the crown before these troubles , fourscore thousand pounds the year ; and therefore they will never blame you for any supply you have given , or addition you have made to the revenue of the crown ; and whosoever unskilfully murmures at the expence of dunkirk , and the other new acquisitions , which ought to be looked upon as jewels of an immense magnitude in the royal diadem , do not enough remember what we have lost by dunkirk , and should always do , if it were in an enemies hands ; nor duely consider the vast advantages those other dominions are like , by gods blessing , in a short time , to bring to the trade , navigation , wealth and honour of the king and kingdom . his majesty hath enough expressed his desire to live in a perfect peace and amity with all his neighbours ; nor is it an ill ingredient towards the firmness and stability of that peace and amity , which his royal ancestors have held and maintained with them , that he hath some advantages in case of a war , which they were without . it was a right ground of confidence , such an one as seldom deceives men , that the great law-maker , the wise solon , had , when he concluded , that reverence and obedience would be yielded to his laws , because he had taken the pains to make his citizens know , and understand , that it was more for their profit to obey law and justice , then to contemn and break it . the extravagant times of licence , which i hope we have almost out-lived , have so far corrupted the mindes , and even the nature of too many , that they do not return with that alacrity they ought to do , into the road and paths of order and government , from which they have so long been led astray ; nor , it may be , is there pains enough taken , to make them understand the profit , benefit , and ease , which alwaies attends a cheerful obedience and submission to laws and government . i am perswaded , a little pains and kindness and condescention in the wise , towards the weak , half the diligence and dexterity in conversation and example , which hath been used to cnrrupt the people in their loyalty and understanding , will quickly reduce them to their primitive temper , which is , to be the best neighbours , and the best friends , and the best subjects of the world : and i make no question , but the great piety and devotion , the moderation , wisdom , charity , and hospitality of my lords the bishops , in their several diocesses , will in a short time recover the poor mis-led people : and though the frowardness and pride of some of their teachers may not be yet enough subdued , though some of the clergy still repeat their old errors , for which they have been glad to receive pardon , and do in truth discredit all their other doctrine , with the absence of any visible repentance for what mischief they have formerly done ; yet i hope the laity will soon return into the bosom of their dear mother the church , and easily discern the fraud and imposture of their seducers ; and that all diligence and dexterity will be used , seriously and heartily to reconcile both clergy and laity , by all means which may prove effectual . you have ( my lords and gentlemen ) like wise patriots , upon your observation , that the most signal indulgence and condescentions , the temporary suspension of the rigour of former laws , hath not produced that effect which was expected , that the humours and spirits of men are too rough and boisterous for those soft remedies , you have prepared sharper laws and penalties , to contend with those refractory persons , and to break that stubbornness which will not bend to gentler applications : and it is great reason , that they upon whom clemency cannot prevail , should feel that severity they have provoked . you have done your parts like good physitians , made wholsom prescriptions for the constitution of your patients , well knowing that the application of these remedies , the execution of these sharp laws depends upon the wisdom of the most discerning , generous , and merciful prince , who having had more experience of the nature , and humour of mankinde , then any prince living , can best distinguish between the tenderness of conscience , and the pride of conscience , between the real effects of conscience , and the wicked pretences to conscience ; who having fought with beasts at ephesus , knows how to guard himself and the kingdom from the assaults and violence of a strong , malicious , corrupted understanding , and will ; and how to secure himself and the kingdom from the feeble traps and nets of deluded fancies , and imaginations : in a word , a prince of so excellent a nature , and so tender a conscience himself , that he hath the highest compassion for all errors of that kinde , and will never suffer the weak to undergo the punishment ordained for the wicked , and knows , and understands better then any man , that excellent rule of quintilian , est aliquid quod non oportet , etiamsi licet , & aliud est jura spectare , aliud justitiam . my lords and gentlemen , machiavel , who , they say , is an author much studied of late in this kingdom , to extol his own excellent judgment and insight in history ; in which indeed he was a master , would perswade men to believe , that the true reason , why so many unexpected accidents and mischiefs fall out , to the destruction of states and empires , is , because their governours have not observed the same mischiefs heretofore in story , and from whence they proceeded , and what progress they made , which he says , if they had done , they might easily have preserved themselves from ruine , and prevented the inconveniences which have faln out . i am sure you are all good historians , and need onely to resort to the records of your own memories . remember how your peace hath been formerly disturbed , by what contrivance and artifices the people have been alarm'd , with unreasonable and unnatural fears and jealousies , and what dismal effects those fears and jealousies have produced . remember how near monarchy hath been dissolved , and the law subverted under pretence of reforming and supporting government , law , and justice . and remember how many honest persons were mis-led by not discerning consequences , who would as soon have renounced their part in heaven , as have concurred in the first unwarrantable action , if they had suspected what did follow : and if we suffer the same enemy to break in upon us at the same avenues , if we suffer our peace to be blown up by the same trains and machinations , we shall be held very ill historians , and worse polititians . there is an enemy amongst us , of whom i doubt we are not jealous enough , and towards whom we cannot be too vigilant , and in truth , in comparison of whom we may reasonably undervalue all other enemies ; that is , the republicans , the commonwealths-men , who are every day calling in aid of the law , that they may overthrow and abolish the law , which they know to be their irreconcilable enemy . indeed , my lords and gentlemen , there is a vey great party of those men in every faction of religion , who truly have no religion , but as the pretence serves to advance that faction . you cannot be too sollicitous , too inquisitive after these men , who are restless in their councels , and wonderfully punctual and industrious in their correspondences , which they maintain abroad as well as at home : and you cannot doubt they have encouragement enough from abroad ; few of our neighbours love us so exceedingly well , but that they would be glad to see us entangled in domestique broyls . these men are worthy of your care and diligence , in your speedy settling the militia , which the king hath even now so particularly recommended to you . i shall conclude with only putting you in mind , that there was scarce ever a more dangerous sedition in the republique of rome , then in a time of full peace , when the citizens were sullen , when there was no noise but in whispers , when men neglected their trades , and stayed idle in their own houses , as if they cared not which way the world went , from whence alone their neighbours the etrurians were encouraged to make a war upon them . novum seditionis genus ( says livy ) silentium otiumque inter cives . never any nation under heaven , has less cause of sullenness then we , never more of joy and thanksgiving : we all know that god almighty loves a chearful giver , and we may as well know that he loves a chearful receiver ; besides all other stupendious blessings conferred upon us , he hath given us the most chearful giver , that ever people hath been blest with ; a king that hath with all imaginable chearfulness given us all we have asked of him , all he hath to give ; who would not take or retain any thing we give to him , but for our own sakes ; that by receiving and retaining it , he may give it to us again , in more abundance , in abundance of peace , and plenty , and honour , and all the comforts which can make a nation happy . this time hath made a glorious addition to our happiness , which ought proportionably to increase our chearfulness ; we wanted onely one blessing , the arrival of our queen , whom god hath now safely brought to us ; a queen of such a rare perfection in body and mind , of such great endowments of wisdom , vertue , and piety , that we may reasonably promise our selves from her , all the happiness we are capable of , and a succession of princes to govern us , till the end of the world ; and there cannot be a more transcendent instance of the kings love , and passion for his people , then that he hath staid these four days to take his leave of you ; and , that he might give you this days work , all these good laws , hath denied himself so long the enjoying the greatest comfort he is assured of in this world . if there be not the most universal joy in the reception of these blessings ; if there be not an universal contentedness and satisfaction in the hearts of all men ; and if that contentedness and satisfaction do not break out , and is not visible in the looks , and thoughts , and words , and actions of the whole nation , to the inflaming the hearts of the other nations under his majesties obedience by our example , we are guilty of an ingratitude that is worthy to deprive us of all we enjoy , and to disappoint us of all we pray for . and therefore i do most humbly beseech you , my lords and gentlemen , that as there is a most noble cheerfulness and alacrity visible in you ; and hath shed it self over all your countenances ; so that you will think it worthy of your pains , to infuse the same good spirit into city and countrey , that they may all express that joy and delight in the blessings they are possessed of , and cheerfully endeavour to improve those blessings , by their cheerful enjoying them , that god may continue those blessings to us , and the kings comfort may be encreased , by the comfort he sees we have in him , and in what he hath done for us ; and as all princes may take a pattern from him to govern , and make their subjects happy ; so that all subjects may learn from us , how to obey , and make that happiness lasting to them , by an eminent and innocent alacrity in their acknowledgment . i am by the kings express command , to add one particular which his majesty meant , but forgot to say himself . you cannot but observe that his majesty hath not passed the bill that concerns the earl of derby , which you cannot imagine proceeds from his majesties want of care of , and kindness to that noble family , which hath served him so faithfully , and suffered so much for so doing ; but all parties having referred the matter to his majesty , he doubts not but to make a better end for that noble earl then he would attain if the bill had passed . i shall only add the kings commands for the prorogation of this parliament till the eighteenth day of february , and this parliament is prorogued till the eighteenth day of february next . london , printed by iohn bill and christopher barker , printers to the kings most excellent majesty . 1662. dagon demolished: or, twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement, against our lawfull soveraign king charls the second; and the whole house of peeres, in these words. i do declare and promise, that i will be true and faithfull to the common-wealth of england, as it is now established without a king or house of lords. also against some of the judges of the late king in the high court of injustice. published, to reclaim such fanatique persons, who have been too forward to promote this wicked, destructive engagement; and still designe it, which hath wounded the consciences of so many godly christians in this kingdome. by that late worthy patriot of his country, mr. john vicars. vicars, john, 1579 or 80-1652. this text is an enriched version of the tcp digital transcription a95883 of text r208354 in the english short title catalog (thomason e1021_2). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 27 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a95883 wing v298 thomason e1021_2 estc r208354 99867311 99867311 119618 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a95883) transcribed from: (early english books online ; image set 119618) images scanned from microfilm: (thomason tracts ; 151:e1021[2]) dagon demolished: or, twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement, against our lawfull soveraign king charls the second; and the whole house of peeres, in these words. i do declare and promise, that i will be true and faithfull to the common-wealth of england, as it is now established without a king or house of lords. also against some of the judges of the late king in the high court of injustice. published, to reclaim such fanatique persons, who have been too forward to promote this wicked, destructive engagement; and still designe it, which hath wounded the consciences of so many godly christians in this kingdome. by that late worthy patriot of his country, mr. john vicars. vicars, john, 1579 or 80-1652. 16 p. printed by t. mabb, for edward thomas, and are to be sold at the adam and eve in little-brittain, london : 1660. thomason e.1021[2]. annotation on thomason copy: "april. 12". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. government, resistance to -england -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a95883 r208354 (thomason e1021_2). civilwar no dagon demolished: or, twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement, again vicars, john 1660 4455 2 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. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2008-04 elspeth healey sampled and proofread 2008-04 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion dagon demolished : or , twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement , against our lawfull soveraign king charls the second ; and the whole house of peeres , in these words . i do declare and promise , that i will be true and faithfull to the common-wealth of england , as it is now established without a king or house of lords . also against some of the judges of the late king in the high court of injustice . published , to reclaim such fanatique persons , who have been too forward to promote this wicked , destructive engagement ; and still designe it , which hath wounded the consciences of so many godly christians in this kingdome . by that late worthy patriot of his country , mr. john vicars . eccles. 10. 20. curse not the king , no not in thy thought . god hath woollen feet , but iron hands . aug. london , printed by t. mabb , for edward thomas , and are to be sold at the adam and eve in little-brittain , 1660 the stationer to the reader . kinde reader , this ensuing narration came to my hands casually , from a christian friend of mr. iohn vicars , lately deceased ; from whom he had it , being written with his own hand ; the end of publication is , that god may have the glory , and that all true christian protestants may receive some benefit by it , which is the unfeigned prayer of , thy friend , e. t. the westminsterian engagement . january 2. 1649. i doe declare and promise , that i will be true and faithfull to the common-wealth of england , as it is now established without a king or house of lords . the summe or substance of the penalty of not subscribing it . be it enacted by authority of parliament , that whatsoever person or persons shall refuse the taking or subscribing of this engagement , shall be disabled to hold or enjoy any place or office of publique trust , profit , or employment whatsoever ; and that if he do continue therein without any such subscription as aforesaid , contrary to this act of parliament ; he shall forfeit all such offices , places or employment and profits whatsoever ; and shall forfeit also double the value of such profits and benefits as they shall have received and taken as aforesaid : and for default of distresse and sale of such offenders goods , the offender to be imprisoned , till the said forfeitures be fully satisfied and paid . and it is further enacted and declared , that all and every person or persons so offending as aforesaid , is , are and shall be uncapable of voting or giving his suffrage or consent in the choice or election of any officer or magistrate in the city of london or else where , within the common-wealth of england . and shall also be uncapable of the benefit of law from any courts of justice of this commonwealth , in any manner of plea whatsoever , between plaintiff and defendant , in or for any suit , plaint , bill , action , information , writ , demand , execution , or any other processe whatsoever , except onely in case of treason , felony , or breach of the peace and good behaviour . the observation on this penalty , for non-subscribing the engagement . the sum of the aforesaid penalty , amounting to thus much , that every person whatsoever , that subscribes not their engagement , is made an absolute out-lawed person , unable to help himself , or to be holpen by any , against any wrongs or injuries whatsoever , done to his person or estate , except as before , by them excepted . such a cruelty and tyranny as never was heard of in this kingdome , nor in any nation , or well governed state , or common-wealth in christendome ; especially to be enacted or executed upon any of their natives , or free denizens , though never so foul or hainous offenders ( much lesse upon their pious , peaceable and most honest people ) save onely among the antichristian romanists , against those whom they call and counted hereticks . wherefore since the saints godly party at westminster ( as they most audaciously and falsly call themselves ) and all the rest of their most hypocriticall adherents have been so bold thus to set up this dagon by gods ark , and their posts by gods posts , and so deceitfully to glory and triumph in their pretended providences and successes , ever since their , thus , setting up this dagon , the westminsterian engagement , in opposition to the nationall covenant . i shall here , now ( therefore ) give the godly and impartiall reader , divers most remarkable examples , and apparent demonstrations of gods evident and eminent wrath and indignation , expressed against them ever since their setting up their said dagon , in these most memorable and remarkable examples , following : twenty admirable examples of gods displeasure against subscribers of the engagement , and complices with the late power . 1. then consider , admire and wonder , that upon the very first day of the publication of the act for taking the engagement , which was january 4 , 1650. in the evening of that same day , did that most terrible and fearfull fire by gun-powder break forth at barkin-church , neer the tower of london , the like to which was never seen or heard of before , in or about the said city , in which were most suddenly blown up and destroyed above a hundred houses , and above 120. persons most lamentably kill'd and destroyed , and their carkases miserably torn in pieces ; among whom was lievtenant col. smith , one of sir hardress wallers chief sticklers , to pull the secluded members out of the house of commons in parliament . and was not this a most fearfull forerunner and heavy harbinger of the wofull effects of this their immediately following engagements . 2. one mr. mosty minister of in essex having taken the engagement ( and that in his own sense and limitations , to his best content , as he thought ) yet was immediately after so perplexed and distracted in his conscience , that he could neither preach nor pray , nor be at any quiet or peace within himself , till he had procured liberty to race out his name from under the engagement : whereunto he had subscribed it . 3. one col. russell , a great favourite and commissioner in the army , after his taking of the engagement , was so vexed and distracted in his soule , that he confessed to some of his religious friends ( himself also being lookt upon as a very religious gentleman ) that immediately upon his taking the engagement , he found by evident symptomes , that the devil took actuall possession of him , and made him desperately prone to commit any notorious villany whatsoever , even to the ravishing of his own maid-servant ; but afterward gave most eminent testimonies of his true repentance , and abhorrence of his taking of it . 4. one mr. edward fisher , a very tender consciencious christian , and godly citizen of london , in the old-baily , having taken the engagement , and though in his own sense and limitations ( as he thought to his full content ) yet presently after , being extreamly grieved and perplexed in spirit , for that he had done , therein laboured to alderman allen to have his name raced out , but could not be permitted , to the increase of his great grief ; and thereupon fell into great distresses and trouble of conscience , and into pyning and languishing sicknesse , caught a great fall in his house , which put his shoulder out , of what , and lying in continuall distresse and perplexity of spirit , complaining still of his taking the engagement : thus pining and languishing away , he shortly after died . 5. one mr. hall of st. needs in huntington-shire , having been a most eminent professor of religion , and extraordinarily gifted in prayer , and godly conference ; afterwards complying with the times , taking the engagement , and turning a great stickler with the army ; at last , turned a very so● in matters of religion ; and one night going forth of his house in an out-room hang'd himself , and there was found the next morning . 6. one mr. midgeley a school-master in ouldham neer manchester in lancaster-shire , having been an engager , and great prosecutor of his eminently godly minister , mr. constantine , and having been writing ( one night ) divers accusations , and such like papers against his said minister , whereunto he was hired by one mr. ashton a justice of peace of the same parish , and by diverse other eminent enemies of the said mr. constantine , because he would not take the engagement ; and they having paid the said mr. midgeley for his pains ; and he going home that night , there having been a great snow on the ground , and the weather very bitter cold , he was the next morning found dead in the snow , and onely his finger and thumb of his right-hand , eaten or bitten off from his hand . 7. also the aforesaid mr. james ashton of chadarton in the said parish of ouldham , once a desperate malignant in the first war against the parliament , but afterwards having made his peace , taken the engagement , and turned a great stickler for the present times ; was made a justice of peace , and became one of the aforesaid mr. constantine's greatest enemies , sequestred the said mr. constantine out of his living , and for the cause aforesaid , the refusing the engagement , imprisoned , and after banished him out of the county ; and after this , hearing that mr. constantine had preached twice or thrice in the country , he summoned him again to appear before him , intending to have punished him sorely for his presumption : but in the mean season , it pleased the lord to strike this mr. ashton ( who before had been a gentleman naturally very healthfull , and of a strong constitution of body ) into such a languishing sicknesse , as made him daily pine away ; so as no means or physick could help him , and ( which is most remarkable and fearfull ) before his death , he became so full of lice , continually , that all the shift and attendance that possible was used , could not cleanse him from this filthy vermine ; and thus either upon the day before or the day after mr. constantine's coming to ouldham , to make his personal appearance before him , the said mr. ashton thus miserably departed this life . 8. one mr. bray minister of michaels in lancashire , having once been a very zealous presbyterian to see too ; at last , for the gaining of an augmentation to his living , took the engagement , turned a great zealot for the independent faction , and immediately after , an order comming for the pulling down of the late kings arms in churches ; he was so hot therein , that he would needs ( as he did ) pull them down himself , and sent the boards , on which the kings arms were painted , home to his house , intending to have made a doore of them , to one of his rooms of his house ; but it pleased the lord presently to strike him with a sudden and violent sickness , whereof he presently dyed , and those boards were made his coffin to bury him in . 9. one sir thomas martin , knight of cambridge shire , an engager and a great complyer with the times , having been a hunting in holmby-park , and the deer being faln , stuck and opened , and he desired ( together with the other gentlemen ) to wash his hands in the deers blood ; no ( said he ) i had rather wash my hands in the blood of the young king of scots . and immediately after this , riding home the same day at evening , his horse very suddenly and violently threw him , in which fall , he pitch't on his head , mortally brake his skull , and shoulder , of which wounds he very shortly after died . 10. the constable of shaw in lancashire , four miles from manchester , having taken the engagement , was presently after so perplexed in conscience , that notwithstanding all the godly exhortations , and comforts administred unto him by godly neighbour ministers , yet the apprehension of gods wrath , for what he had done therein , so increased upon him , that he fell distracted , and so continued many weeks together . 11. also one m. rich. smith minister of stoke , prior in vvorcestershire , having taken the engagement for the procuring of an augmentation to his living , returning home from london after he had taken it , fell presently into such a frighting horrour of conscience and distraction of his senses , that he had oft endevoured to beat out his own brains ; but at last recovered his sences by gods great mercy repented bitterly of what he had done , and thereupon in peace departed this life in a sickneess which then took him . 12. dr. doris●aus , the westminsterians juncto's first embassadour , sent from them into holland , and therefore no doubt a great engager , and desperate complyer in all things with them , as in the kings death ; being arrived in holland , was therein immediately and suddenly assaulted and murthered as he sate at dinner in his house . 13. also mr. anthony ascham , a gentleman of excellent parts , being sent ( as the juncto's the embassador ) into spain , very shortly after his arrival there at madrid , was in his own house there suddenly and most furiously set upon and assaulted , by divers desperate english caviliers , and he and his interpreter was hen and there murthered . 14. collonel rainsborow , a mighty engager and prime stickler for the power at westminster , a desperate header of the levellers , & admiral of the navy at sea , was suddenly also assaultéd by a company of caviliers at pomfrait town in yorkshire in an inne , and there murthered by them . 15. mr. tho. hoyle , formerly lookt upon as a very pious and strictly religious gentleman , an alderman of york , and member of the parliament ; but afterward having taken the engagement even against his conscience , and turned a great complyer with them at westminster : not long after , it pleased the lord so to leave him to himself , that on the very same day 12 moneth , that king charles was beheaded , yea as near as possible could be judged about the very same houre of that day this gentleman hang'd himself in his own house at westminster , and was found stark dead by his woeful wife when she came home , having been abroad that morning . 16. mr. shereman a citizen and silkman in pater-noster-row in london , who had formerly been lookt on as a godly and religious gentleman , had been a tryer and an elder in the presbyterian church government , a singular good friend to mr. love ; then his pastour ; but afterward he turning with the times took the engagement , and that in form of an oath , whereupon he was made a common council man , turn'd a desperate enemy , and hater of the said m. love , who shortly after being in his shop with his wife , as perfectly well as ever ever in his life , yet in the evening standing at his counter in his shop , and his wife close by him , he suddenly sunk down by her stark dead , and never spake one word after it . 17. also collonel ven a citizen of london , formerly a great professor of religion , and a long time mr. love's precious dear friend , and a member of the house of commons in parliament ; but being turned with the times , was a great engager and mighty stickler for , and with them at westminster ; yea , he proved afterwards a most bitter enemy to the presbyterian ministers of london , and upon occasion used those words against them , viz. they at vvestminster should never be at quiet , till they had provided a pair of shooes and a staffe for the turbulent presbyterian ministers of london , and banisht them out of the kingdom : but it pleased the lord , that on the very next day after that horrible abuse and banishment done to mr. jenkin then minister of christ-church london , in both sequestring him out of his said living , and banishing him out of the city , wherein this coll. ven had a hand also , and had most churlishly carried himself toward master jenkin in the committee even that day , whereon this godly minister was so censured , which was july the 6. 1650. being thursday . it pleased the lord , i say , that master ven next friday following , july 7. and at night , this coll. going to bed , as perfectly well and in health , as ever in his life , and his wife lying by him , he fell asleep by her immediately , and slept soundly without any complaint of the least distemper , but the next morning about 6. of the clock his wife awaking , found him starke dead by her in the bed , never having made the least groan , or spoken one word to her since the day before . and thus god banished him first out of the land of the living . 18. one sir henry holcroft , why had formerly been a great professour of religion , and to see too a practiser of the power of godlynesse , but afterwards drew back and apostatized to the independent faction , took the engagement , and fell into great complyance with them , being a committee gentleman , and acting strenuously for them . but immediatly after this , it pleased the lord , that he fell into a sore disease , and much and often bleeding at his nose and mouth , and so continued all the time of his said sinful complyance with them , and at last fell into such fits of extreme bleedding , and strongly vomiting up even of gobbets of blood at his mouth , and flowing out of blood at his nose with such unstintable violence , that he most sadly departed this life , in one of the extreme fits thereof . 19. in august 1650. barron rigby , a most desperate enemy to the presbyterians church discipline , as being a great independent together with baron yates , the two judges for the assizes then held at chalmsford in essex , two grand engagers ( as every one may know ) and deep complyers with the vvestminsterian power : they both being at chalimford , and hearing the assize sermon preach't before them , the godly ministers text being out of luke the 16. 2. give an account of thy stewardship , for thou maist be no longer steward . immediately after this sermon , it pleased the lord to strike judge rigby with present sickness , so as that they could not keep the assizes there , but were forced to adjourn it , promising and hoping to come again and finish it there , and went thence to croydon in surry to hold the assizes there ; but having begun to sit , both judge rigby his sickness so increased upon him , and the like sicknesse suddenly so assaulted judge yates also , and with such violent pain and great distemper upon them both , and also upon the high sheriffe of surry then present with them , who also was smitten with the same sicknesse , at that time that the assizes was enforced to cease there also , and they all three were speedily conveyed away thence to london , where they all three died immediatly after , even within a seven nights space , or thereabout , of a most violent pestilential fever ; and very many more of their clerks , officers , and attendants on the said assizes died also at the same time , ( as was generally , and most credibly informed and reported , and i my self know one captain hindely , one of judge rigby's chief clerks or officers ( who died at the same time ) immediately upon the very same time of these judges death . a most remarkable and fearful example of gods wrath upon engagers and sinful complyers with workers of iniquity . vvoe woe therefore to all apostatizing temporizers , and perfidious backsliders , heb. 10. 38. and as is further most evident in those scriptures , beneath following . 20. i shall conclude all with the memorable example of gods divine justice upon lockyer , an active agitator and leveller in the army , who had a principal hand in seising and bringing the king to his death , cried out , justice , justice , justice , openly against him , and spit in the kings face in vvestminster-hall as he was going to his tryal , before his condemnation , conducted him to the block ; and was shortly after condemned in a counsel of war by some of the kings own judges , and shot to death as a mutinier in pauls-church-yard london . also john lilburn's double tryal for his life ; soon after , a grand stickler against the house of lords : the proceedings against saxbey , syndercombe , and other levellers , who were chief instruments to bring the king to justice ; and the grand opposers of the house of lords : also the imprisonments and sufferings of m. g. harrison , collonel rich , collonel okey , lord grey of grooby , and others of the kings condemners , who were all engagers against the king and house of lords . may it not awaken the stupid seared consciences of all those now living , who had any hand in these tragedies and engagements against king and parliament , to bring them to speedy and sincere publick repentance for them ; lest they fall into the like terrors or judgements , as others that have so wilfully ingaged against king and house of lords ? postscript . unto this i shall onely add two quaeries . whether those persons that are living , that took upon themselves the name , stile , and title of the parliament of england , scotland and ireland , ( though by their writs by which they sate , they were but the fragments of the parliament of england only ) beheaded their lawful protestant king , banished his posterity , overturning our antient government it self , consisting of king , lords and commons , which constitution continued many hundreds of years , and was the best and fittest for these nations that could be , and brought the nation into such a labyrinth and confusion , by endevouring to set up an utopian common-wealth , a mere new-nothing ; vvhether the persons may not justly fear they may fall down quick into hell , or fall into the same exemplary terrors , judgements , and self executions with others , if they repent not for their abominations . 2. vvhether these men that set aside and repealed the oaths of supremacy and allegiance as unlawful oaths , which themselves took , or ought to take before they sate in the commons house ; and also the protestation , solemne league and covenant made in pursuance of them , and diametrically contrary to these oaths , to set up a new engagement , to which every one must subscribe to be true and faithful to their new common-wealth , without king or house of lords , bringing all english freemen into a new premunire , which thousands of our godly protestant ministers , gentry and freemen refused to take ; whether these men that can swallow all kind of oaths , though directly contrary one to the other ; neither reverence god or man , are fit persons to be trustees for the nation in this time of eminent danger , now the nation groans under so many oppressions and dangers . hebrewes 6. 4 , 5 , 6. it is impossible for those who were once enlightned , and have tasted of the heavenly gift , and were made partakers of the holy ghost , and have tasted the good word of god , and the powers of the world to come ; if they fall away , to renew them again to repentance ; seeing they crucifie to themselves the son of life afresh , and put him to an open shame . jude 11. 12. woe to them , for they have gone in the way of kain , and perished in the gainsaying of core . they are trees whose fruit is withered , twice dead and plucked up by the roots . finis . a legal vindication of the liberties of england, against illegal taxes and pretended acts of parliament, lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence, submit to the new illegal tax or contribution of ninety thousand pounds the month; imposed on the kingdom by a pretended act of some commons in (or rather out of) parliament, april 7 1649. (when this was first penned and printed,) nor to the one hundred thousand pound per mensem, newly laid upon england, scotland and ireland, jan. 26. 1659 by a fragment of the old commons house, ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91207 of text r207282 in the english short title catalog (thomason e772_4). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 240 kb of xml-encoded text transcribed from 45 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a91207 wing p3998 thomason e772_4 estc r207282 99866343 99866343 118614 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a91207) transcribed from: (early english books online ; image set 118614) images scanned from microfilm: (thomason tracts ; 118:e772[4]) a legal vindication of the liberties of england, against illegal taxes and pretended acts of parliament, lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence, submit to the new illegal tax or contribution of ninety thousand pounds the month; imposed on the kingdom by a pretended act of some commons in (or rather out of) parliament, april 7 1649. (when this was first penned and printed,) nor to the one hundred thousand pound per mensem, newly laid upon england, scotland and ireland, jan. 26. 1659 by a fragment of the old commons house, ... prynne, william, 1600-1669. this text is an enriched version of the tcp digital transcription a91207 of text r207282 in the english short title catalog (thomason e772_4). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread [4], 72, 69-80 p. printed for edw. thomas at the adam and eve in little britain, london, : 1660. text is continuous despite pagination. postscript pp. 69-80. annotation on thomason copy: "feb: 2 1659"; the 0 in the date has been crossed out. reproduction of the original in the british library. eng england and wales. -early works to 1800. england and wales. -parliament -early works to 1800. taxation -law and legislation -england -early works to 1800. great britain -history -civil war, 1642-1649 -finance -early works to 1800. a91207 r207282 (thomason e772_4). civilwar no a legal vindication of the liberties of england, against illegal taxes and pretended acts of parliament, lately enforced on the people: or, prynne, william 1660 41424 148 5 0 0 0 0 37 d the rate of 37 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-03 apex covantage keyed and coded from proquest page images 2007-04 john latta sampled and proofread 2007-04 john latta text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a legal vindication of the liberties of england , against illegal taxes and pretended acts of parliament , lately enforced on the people : or , reasons assigned by william prynne of swainswick in the county of sommerset , esquire , why he can neither in conscience , law , nor prudence , submit to the new illegal tax or contribution of ninety thousand pounds the month ; imposed on the kingdom by a pretended act of some commons in ( or rather out of ) parliament , april 7 1649. ( when this was first penned and printed ) nor to the one hundred thousand pound per mensem , newly laid upon england , scotland and ireland , jan. 126. 1659. by a 〈◊〉 of the old commons . house , secluding the whole house of lords , and majority of their hellow members , by armed violence against all rules of law and parliament presidents . esay 1. 7. he looked for judgement , but behold oppression ; for righteousnesse , but behold a cry . psal. 12. 5. for the oppression of the poor , for the sighing of the needy ; new will i arise ( saith the lord ) and will set him in safety from him that would ensnare him . exod. 6. 5. 6. i have also heard the groaning of the children of israel , whom the aegyptians keep in bandage ; and i have remembred my covenant . wherefore say unto the children of israel , i am the lord , and i will bring you out from under the burdens of the aegyptians ; and i will rid you out of their bondage ; and i will redeem you with a stretched out arm , and with great judgements . eccles. 4. 1 , 2. so i returned and considered all the oppressions that are done under the sun , and beh●ld the tears of such as were oppressed , and they had no comforter ; and in the hand of their oppressors there was power , but they had no comforter : wherefore i praised the dead which are already dead , more than the living which are yet alive . the second edition enlarged . london , printed for edw. thomas at the adam and eve in little britain , 1660. errata . page 4. l. 33. to , read by . p. 8. l. 1. seclusion . l. 29. dele in . l. 31. extended . p. 41. l. 10. on . p. 47. l. 2. only . p. 54. l 18. and , r. as . p. 57. l. 4. it is . p. 62. l. 4. obsta . p. 71. l. 35. to . p. 71. l. 1. resolved . l. 8. and , r. as . p. 79. l. 15. and , r. of . margin . p. 9. l. 9. 12 , r. 17. to the ingenuous reader . the reasons originally inducing and in some sort necessitating me to compile and publish this legal vindication , against illegal taxes and pretended acts of parliament , imposed on the whole english nation , in the year 1649. by a small remnant of the commons house , sitting under an armed force , abjuring the king and house of lords , and unjustly secluding the majority of their fellow-commoners , against the very tenor of the act of 17 caroli , c. 6. by which they pretended to sit , the letter of the writs by which they were elected , and those indentures by which they were returned members , the oaths of supremacy , and allegiance , protestation , solemn national league and covenant which they all took as members ; the very first act of parliament made and printed after their first sitting , 16 caroli , c. 1. and many hundreds of declarations , remonstrances , orders , ordinances , votes , from nov. 3. 1640. to dec. 5. 1648. have constrained me now to reprint it with some necessary and usefull additions in the year 1659. above ten years after its first publication : those very rumpers , who on the 7th . of april 1649. imposed a tax of ninety thousand pounds the month on england alone , having on the 26. of january , 1659. presumed to lay a new tax of no lesse than one hundred thousand pounds the month , for six months next ensuing , on england , scotland , and on ireland too , ( never taxed in former ages by intire undubitable english parliaments ) when as by their former order , they advanced and paid in before hand a heavy tax ( illegally imposed on them by a protectorian conventicle ) during those very months for which they are now taxed afresh far higher than before , though totally exhausted with former incessant taxes , free-quarter , militia expences , imposts of all sorts , and utterly undone for want of trade ; and all to keep them in perpetual bondage under armed gards , and iron yoaks , under pretext of making them a new free-state and common-wealth , of the jesuites projection , perpetually to subvert our antient hereditary monarchy , kingdom , and true old english * common-wealth , under which we formerly lived , and flourished with greater freedom , splendor , honour , peace , safety , unity , and prosperity , than we can ever expect under any new form of government or utopian republick whatsoever our whimsical innovators can erect . when our parliaments under our antient and late kings granted any aydes , subsidies , imposts , to supply the publick necessities , as they were alwaies moderate , and temporary , not exceeding the present necessities , and the peoples abilities to pay them ; so they ever received some acts of grace and retribution from our kings , and new confirmations of their great charters , and fundamental laws and liberties , recorded in our parliament rolls and statutes at large . but our new republicans , worse than the old aegyptian pharoes and tax-masters , double our bricks , taxes , yet deny us straw and materials to make or defray them redressing none of all our publick grievances , nor easing us of any unjust burthens or oppressions whatsoever , nor indulging any graces or favours to us , nor yet so much as preserving , or confirming our old grand charte●s , fundamental laws , statutes , for the preservation of our lives , liberties , properties , franchises , freeholds but violating them all in a far highe : and more presumptuous degree , than strafford , canterbury , the shipmony judges , or any of our kings , whom they brand for tyrants , and that after all our late wars and contests for their defence . upon which account , i held it my bounden duty , to enlarge and reprint this vinaication , nor out of any factious or seditions design , but from the impulse of a true heroick english publike spirit , and zeal to defend my native countries undubitable hereditary rights , against all arbitrary tyrannical usurpations and impostors whatsoever ▪ though arrogating to themselves the title and power of the parl. of england , when their own judgements , consciences , as well as all our antient statutes , parliament rolls , laws , judges , law-books and treatises of english parliaments , resolve them , to be no parliament at all , but an * anti-parliamentary conventicle . if i now lose my life ( as i have formerly done my liberty , calling and estate ) for this publike cause , i shall repu●e it the greatest earthly honour and 〈◊〉 to dye a ma●●●● for my dying country , & to redeem her lost liberti●s , with the losse of my momentary life , which will be more i●ksome to me , than the 〈◊〉 death , if protracted only to behold those ruines and desolations , which some grandees tyrannies , and bedlam exorbitances are like speedily to bring upon her , unlesse god himself , by his miraculous provi●●n●●s reflrain their fury , abate their power , and confound their destructive des●gns beyond all humane expectation as he hath done of late , and i trust he will s●dainly do again , to the rejoycing and reviving of all good men . which is the hope and expectation , of thine and his native countries true friend and servant william prynne . lincolns inne , feb. 12. 1659. a legal vindication of the liberties and properties of all english freemen against illegal taxes : or , reasons assigned by william prynne , &c. being on the 7th . of this instant june , 1649. informed by the assessors of the parish of swainswicke , that i was assessed at 2 l. 5 s. for three moneths contribution , by virtue of a ( pretended ) act of the commons assembled in parliament , bearing date the seventh of april last , assessing the kingdom at ninety thousand pounds monthly , beginning from the 25 of march last , and continuing for six moneths next ensuing , towards the maintenance of the forces to be continued in england and ireland , and the paying of such as are thought fit to be disbanded , that so free-quarter may be taken off ; whereof 3075 l. 17 s. 1 d. ob . is monethly imposed on the county , and 4 l. 5 s. 3 d. on the small poor parish where i live ; and being since on the fifteenth of june required to pay in 2 l. 5 s. for my proportion ; i returned the collector this answer , that i could neither in conscience , law , nor prudence in the least measure , submit to the voluntary payment of this illegal tax , and unreasonable contribution , ( after all my unrepaired losses and sufferings for the publick liberty ) amounting to six times more than ship-money , ( the times considered ) or any other illegal tax of the late beheaded king , so much declaimed against in our three last parliaments , by some of those who imposed this . and that i would rather submit to the painfullest death and severest punishment the imposers or exactors of it could inflict upon me by their arbitrary power ( for legal they had none ) than voluntarily pay , or not oppose it in my place and calling to the uttermost ; upon the s●me , if not better reasons , ●● i oppugned a ship-money , knighthood , and other unlawful impositions of the late king and his councell heretofore . and that they and all the world might bear witness , i did it not from meer obstinacy or sullenness , but out of solid real grounds of conscience , law , prudenoe , and publick affection to the weal and liberty of my native country ( now in danger of being ensl●ved under a new vassallage , more g●ievous than the worst it ever yet sustained under the late , or any other of our worst kings ) i promised to draw up the reasons of this my resusal in writing , and to publish them , so soon as possible , to the kingdome for my own vindication , and the better information and satisfaction of all such as are any wayes concerned in the imposing , collecting , levying or paying of this strange kind of contribution . in pursuance whereof , i immediately penned these insuing reasons , against that taxe in 1649. which i augmented with some new additions ▪ against the hundred thousand pound tax each month imposed on us , by our worse then egyptian tax-masters now ; for those very six ensuing months space , they payed in long since , before they became due , by their forced exactions and distresses , against all rules of justice , law , conscience , and presidents of former times ; which i humbly submit to the impartial censure of all conscientious and judicious englishmen : desiring either their ingenuous refutation , if erroneous ; or candid approbation , if substantial and irrefragable , as my conscience and judgement perswade me they are , and that they will appear so to all impartial perusers , after full examination . first , by the fundamental laws , and known statutes of this realm , no tax , tallage , ayd , imposition , contribution , loan or assessement whatsoever , may or ought to be imposed or levied on the free men and people of this realm of england , but by the will and common assent of the earls , barons , knights , burgesses , commons , and whole realm in a free and full parliament , by act of parliament : all taxes , &c. not so imposed , levyed ( though for the common defence and profit of the realm ) being unjust , oppressive , inconsistent with the liberty and property of the subject , laws and statutes of the realm ; as is undeniably evident by the express statutes of magna charta , cap. 29 , 30. 25. e. 1. c. 5 , 6. 34. e. 1. de tallagio non concodendo , c. 1. 14 e. 3. stat. 1. c. 21. stat. 2. c. 1. 15. e. 3. stat. 2. c. 1. stat. 3. cap. 5. 21. e. 3. rot. parl. n. 16. 25. e. 3. c. 8. rot. parl. n. 15. 27. e. 3. stat. 2. c. 2. 36. e. 3. rot. parl. n. 26. 38. e. 3. c. 2. & rot. parl. n. 40. 45. e. 3. rot. parl. n. 42. 51. e. 3. rot. parl. n. 25. 11 h. 4. rot. parl. n. 10. 1. r. 3. c. 2. the petition of right , and resolutions of both houses against loans , 3. caroli : the votes and acts against ship-money , knighthood , tonnage and poundage , and the star-chamber this last parliament , ann. 16. & 17. car. c. 8. 12. 14. 20. and fully argued and demonstrated by mr. william hackwell in his argument against impositions , judg hutton and judg crook in their arguments , and mr. st. john in his argument and speech against ship-money , with other arguments and discourses of that subject : sir edward cook in his 2 instit. ( published by order of the commons house ) pag. 59. 60 ▪ &c. 527 , 528 , 529 , 532 , 533 , &c. with sundry other records and law-books cited by those great rabbies of the law and patriots of the peoples liberties . but the present tax of ninety thousand pounds a moneth , now exacted of me , an. 1649. and this of an hundred thousand pounds each moneth now demanded , was not thus imposed . therefore it ought not to be demanded of , or levied of me ; and i ought in conscience , law and prudence to withstand it as unjust , oppressive , inconsistent with the liberty and property of the subject , laws and statutes of the realm ; even by the junctoes knack of oct. 11. 1659. to make good the assumption , which is onely questionable . first , this tax was not imposed in , but out of parliament , the late parliament being actually dissolved above two moneths before this pretended act , by these tax-imposers taking away the king by a violent death , as is expresly resolved by the parliament of 1 h. 4. rot. parl. n. 1. by the parliament of 14 h. 4. and 1 h. 5. rot. parl. n. 26. cook 4. institutes p. 46. and 4 e. 4. 44. b and i have largely and irrefragably proved : in my true and perfect narrative , 1659. for the king being both the head , beginning , end and foundation of the parliament ( as modus tenendi parliamentum : and sir edward cooks 4 instit. p. 3. resolve ) which was summoned and constituted onely by his writ , now actually abated by his death : and the parliament ( as is evident by the clauses of the several writs of summons to c the lords , and for the election of the knights and burgesses , and levying of their wages ) being only parliamentum nostrum , the kings parliament that is dead , not his heirs and successors ; and the lords and commons being all summoned and authorized by it to come to our parliament , there to be personally present , and confer with us ( nobiscum , not our heirs and successors ) of the weighty and urgent affairs that concerned ( nos ) us and our kingdom of england ; and knights and burgesses receiving their wages for , nuper ad nos ad parliamentvm nostrum veniendo , &c. quod sommoneri fecinus , ad tractandum ibidem super diversis & arduis negotiis nos & statum regni nostri t●ngentibus , as the tenor of the d writs for their wages determines . the king being dead , and his writs and authority by which they were summoned , with the ends for which they were called ( to conferre with us , about us and our kingdoms affairs , &c. being thereby absolutely determined , without any hopes of revival ; the parliament it self must thereupon absolutely be determined likewise ( especially to those who have disinherited his heirs and successors , and voted down our monarchy it self ) and they with all other members of parliament , cease to be any longer members of it , being made onely such by the kings abated writ ; even as all judges , justices of peace , and sheriffs made only by the kings writs or commissions , not by his letters patents , cease to be , judges , justices , and sheriffs by the kings death , for this very reason , because they are constituted justiciarios & vicecomites nostros , ad pacem nostram , &c. custodiendam ; and he being dead , and his writs and commissions expired by his death , they can be our judges , justices , and sheriffs no longer , to preserve our peace , &c. ( no more than a wife can be her deceased husbands wife , and bound to his obedience , from which she was loosed to his death , rom. 7. 2 , 3. ) and his heirs and successors they cannot be , unlesse he please to make them so by his new writs or commissions , as all our e law-books and judges have frequently resolved upon this very reason , which equally extends to members of parliament , as to judges , justices and sheriffs , as is agreed in 4 e. 4. f. 43 , 44. and brook , office and officer , 25 , therefore this tax being clearly imposed not in , but out of , and after the parliament ended by the kings decapitation , and that by such who were then no lawfull knights , citizens , burgesses , or members of parliament , but only private men , their parliamentary authority expiring with the king , it must needs be illegal , and contrary to all the forecited statutes ; as the convocations and clergies tax and benevolence granted after the parliament dissolved in the year 1640. was resolved to be , by both houses of parliament , and those adjudged high delinquents who had any hand in promoting it , as the impeachments against them evidence , drawnup by some now acting . 2. admit the late parliament still in being , yet the house of peers , earls , and barons of the realm were no wayes privy nor consenting to this tax imposed without , yea , against their consents , in direct affront of their * most antient undubitable parliamentary right and privileges , ( these taxmasters having presumed to vote down and null their very house , by their new encroached transcendent power ) as appears by the title and body of this pretended act , entituled by them , an act of the commons assembled in parliament : whereas the house of commons alone , though full and free , have no more lawfull authority to impose any tax upon the people , or make any act of parliament or binding law without the kings or lords concurrence , than the man in the moon , or the convocation , anno 1640. after the parliament dissolved ( as is evident by the expresse words of the fore-cited acts , the petition of right it self ; the acts for the triennial parliament ; and against the proroguing or dissolving this parliament , 16 car. c. 1 , & 7. with all our printed statutes , f parliament-rolls , and g law-books : they neither having nor challenging the sole legislative power in any age ; and being not so much as summoned to , nor constitutive m●mbers of our h antient parliaments , ( which consisted of the king , spiritual and temporal lords , without any knights , citizens or burgesses , as all our histories and records attest ) till 49 h. 3. at soonest ; they having not so much as a speaker or commons house , till after the beginning of king e. the third's reign , and seldom or never presuming to make or tender any bills or acts to the king or lords , but petitions only to them , to redress their grievances and enact new laws , till long after r. the seconds time , as our parliament rolls , and the printed prologues to the statutes of 1 , 4 , 5 , 9 , 10 , 20 , 23 , 36 , 37. and 50 edw. 3. 1 rich 3. 1 , 2 , 4 , 5 , 7 , 9 , 11 , 13 hen. 4. 1 , 2 , 3 , 4 , 8 9 hen. 5. 1 , 2 , 3 , 4 , 6 , 8 , 9 , 10 , 11 , 14 , 15 , 29 , 28 , 29. 39 hen. 6. 1 , 4 , 7 , 8 , 12 , 17. 22 ed. 4. and 1 rich. 3. evidence ( which run all in this form , at the parliament holden , &c. by the advice and assent of the lords spiritual and temporal , and at the special instance and request of the commons of the realm , ( by their petitions put in the said parliament , as some prologues have it . ) our lord the king hath caused to be ordained , or ordained certain statvtes , &c. ) where the advising and assenting to laws is appropriated to the lords ; the ordaining of them to the king ; and nothing but the requesting of , and petitioning for them to the commons , and that both from king and lords , in whom the legislative power principally , and before 49 h. 3. originally and solely resided , as is manifest by the printed prologue to the statute of merton , 20 hen. 3. the statute of mortemain , 7 e. 1. 31 e. 1. de asportatis religiosorum , the statute of sheriffs , 9 ed. 2. and of the templers , 17 ed. 2. to cite no more . therefore this tax imposed by the commons alone without king or lords , must needs be void , illegal , and no wayes obligatory to the subjects . 3. admit the whole house of commons in a full and free parliament had power to impose a tax , and make an act of parliament for levying of it without king or lords ; ( which they never once did , or pretended to in any age ) yet this act and tax can be no waies obliging , because not made and imposed by a full and free house of commons , but by an empty house , packed , swayed , over-awed by the chief officers of the army , and their confederates in the house , who having presumed by mere force , and armed power , against law and without president , to seclude the major part of the house ( at least eight parts of ten ) who by law and custom are the house it self , from sitting or voting with them , contrary to the freedom and privileges of parliament ; readmitting none but upon their own terms of renouncing their own forme , votes touching the kings concessions , and taking their new treasonable engagements , against the king , kingship , and house of lords . an usurpation not to be paralel'd in any age , destructive to the very being of parliaments ; i where all members of both houses are ex debito justitiae , wi●h equal freedom to meet and speak their mind● : injurious to all those counties , cities , borough● , whose knights , citizens and burgesses are secluded , and to the whole kingdom ; yea , contrary to all rules of reason , justice ▪ policy , conscience , and their own agreement of the people , which inhibit the * far lesser part of any councel , court or committee , to oversway , seclude or fore-judg the major number of their assessors , and fellow-members , over whom they can no ways pretend the least jurisdiction ; it being the high way to usher tyranny and confusion into all councels , and realms , to their utter dissolution ; since the king alone without the lords and commons , or the lords alone without the king or commons , may by this new device make themselves an absolute parliament to impose taxes and enact laws without the commons , or any other forty or fifty commoners meeting together without their companions , and secluding them by force , do the like , as well as this remnant of the commons make themselves a complete parliament without the king , lords , or majority of their fellow-members , if they can but now or hereafter raise an army to back them in it , as the army did those sitting 1648. and 1649. and those sitting in 1659 have done , secluding the majority of their old fellow-members by meer armed violence . 4. suppose this tax should bind those counties , cities , and burronghs , whose knights , citizens and burgesses sate and consented to it when imposed , ( though i dare swear much against the minds and wills of all or most of those they represent ; who by the ( k ) armies ▪ new doctrine , may justly question and revoke their authority for this high breach of trust ; the rather , because the knights and burgesses assembled in the first parliament of 13. e. 3. rot. parl. n. 8. did all refuse to grant a great extraordinary subsidie demanded of them ( though not comparable to this ) for the necessary defence of the kingdome against foraign enemies , till they had conferred with the counties and burroughs for which they served , and gained their assents : ) yet there is no shadow of reason , law or equity , it should oblige any of the secluded members themselves , whereof i am one ; or those counties , cities , burroughs , whose knights , citizens and burgesses have been secluded or scared thence by the armies or sitting members fraud , force , violence , or illegal votes for their seculsion ; who absolutely disavow this tax and act as un-parliamentary , illegall , and never assented to by them in the least degree ; since the onely l reason in law , or equity , why taxes or acts of parliament oblige any member , county , burrough or subject , is , because they are parties , and consenting thereunto either in proper person , or by their chosen representatives in parliament ; returned and authorized by indentures under their seals , it being a recieved maxime in all laws , m quod tang it omnes , ab omnibus debet approbari . upon which reason it is judged in our n law-books , that by-laws oblige only those who are parties , and consent unto them , but not strangers , or such who assented not thereto . and ( which comes fully to the present case ) in 7. h. 6. 35. 8. h. 6. 34. brook ancient demesne 20. & patl. 17. 101. it is resolved ; that ancient demesne is a good plea in a writ of wast , upon the statutes of wast , because those in ancient demesne were not parties to the making of them , for that they had no knights nor burgesses in parliament , nor contributed to their expences . and judge brook parliament 101. hath this observable note , it is most frequently found , that wales and county palatines , which came not to the parliament ( in former times , which now they do ) shall not be bound by the parliament of england : for ancient demesne is a good plea in an action of wast , and yet ancient demesne is not excepted ; and it is enacted 2. ed. 6. cap. 28. that fines and proclamations shall be in chester , for the former statutes did not extend to it : and it is enacted , that a fine and proclamation shall be in lancaster . 5. & 6. ed. 6. c. 26. and in a proclamation upon an e●igent is given by the statute in chester , and wales , 1 e. 6. c. 20. and by another act to lancaster . 5. & 6. e. 5. c. 26. and the statute of justices of peace extented not to wales , and the county palatine ; and therefore an act was made for wales and chester , 27. h. 8. c. 5. who had knights and burgesses appointed by that parliament , for that and future parliaments , by act of parliament , 27. hen. 8. cap. 26. since which they have continued , their wages being to be levyed by the statute of 35. h. 8. c. 11. now , if acts of parliament bound not wales and counties palatines , which had anciently no knights nor burgesses in parliament to represent them , because they neither personally nor representatively were parties and consenters to them ; much lesse then can or ought this heavy tax , and illegal act , 1649 , or those of 1659. to bind those knights , citizens and burgesses , or the counties , cities and burroughs they represent , who were forcibly secluded , or driven away from the parliament by the confederacy , practice , orders , commands , or connivance at least , of those now sitting , who imposed these taxes , and passed these strange acts , as the recited lawbooks , and the later clauses in all writs for electing knights and burgesses resolve , much lesse to oblige scotland & ireland , who have * parliaments of their own , and have , yea ought to have no members sitting for them in the english parliaments , who seldom or never imposed taxes on scotland or ireland heretofore , whose taxes were only imposed by their own parliaments , as is evident by claus. 46 e. 3. m. 25. & claus. 47 e. 3. m. 3. my plea for the lords , p. 426 , 427 , 2 r. 2 f. 11 , 12. brook parliament 98. 20 h. 6. f. 8. fitz. prescription 7. and brook prescription 4. they being not so much as a parliament of england , much lesse of scotland & ireland , ( as they stile themselves ) and having no authority by their writs of elections and indentures , to treat or consult of any businesses , but only such as touch and concern the kingdom of england , not the kingdoms of scotland and ireland , not mentioned in the writs or indentures of their elections : especially , because those taxes , are thus imposed by them for the support and continuance of those officers and that army , who trayterously seised and secluded the members from the house , and yet detain some of them prisoners , against all law and justice , and have oft secluded them since : and because the secluded members are the far major part ( above six times as many as those that sate and shut them out by force ) and would no waies have consented to these illegal taxes , or the undue manner of imposing them , without the lords concurrence , had they been present . and , i my self , being both an unjustly imprisoned and secluded member , and neither of the knights of the county of somerset , where i live , present or consenting to these acts or taxes , ( both of them being forced thence by the army , and sitting members , and one of them now dead , and the other excluded ) i conceive neither my self nor the countie where i live , nor the borough for which i served , nor the people of these kingdoms , in the least measure bound by these acts or taxes , but clearly exempted from them , and obliged with all our might and power effectually to oppose them . if any here object , that by the custome of parliament , forty members onely are sufficient to make a commons house of parliament , and there were at least so many present when this tax was imposed : therefore it is valid , obligatory both to the secluded members and the kingdome . i answer : first , that though regularly it be true , that forty members are sufficient to make a commons house to begin praiers , & businesses of lesser moment , in the beginning of the day , till the other members come , and the house be full ; yet 40. were never in any parliament reputed a competent number to grant subsidies , taxes , passe or read bills , or debate or conclude matters of greatest moment ; which by the constant rules , and usage of parliament , were never debated , concluded , passed , but in a free and sull house , when all or most of the members were present , as the parliament rolls , journals , modus tenendi parliamentum , sir edward cooks 4 institutes , p. 1. 2. 26. 35. 36. cromptons jurisdiction of courts , f. 1. &c. 39. e. 3. 7. brook parliament . 27. 1 jac. c. 1. and the many records i have cited to this purpose in my levellers ievelled , my plea for the lords , and memento p. 10. the exact abridgement of the records in the tower , p. 11. 13 14. 19. 31. 36. 43. 46. 50. 51. 66. 69. 73. 74. 78. 90. 92. 96. 105. 120. 144. 152 , 154. 167. 169. 173. 182. 188. 193. 195. 202. 281. 286. 287. 290. 298. 308. 318. 318. 331. 335. 371. 373. 392. 426 , 427. 428. 430. 439. 440. 450. 454. 555. 464. 465. 665. 750. abundantly prove beyond contradiction ; for which cause the members ought to be fined , and lose their wages , if absent without special licence , as modus tenendi parliamentum , 5 r. 2. par. 2. c. 4. 9. h. 8. c. 16. and a collection of all orders , &c. of the late parliament , p. 224. 357. with the frequent summoning and fining absent members evidence . secondly , though forty members onely may peradventure make an house in case of absolute necessity , when the rest through sickness , and publick or private occasions : are voluntarily or negligently absent ; and might freely repair thither to sit or give their votes if they pleased : yet forty members never yet made a commons house by custome of parliament ( there being never any such case till now ) when the rest ( being above four times their number ) were forcibly secluded or driven thence by an army raised to defend them , through the practice , connivance or command of those forty or fifty sitting , of purpose that they should not over nor counter-vote them ; much lesse an house to sequester or expell the other members , or impose any tax upon them . till they shew me such a law , custome or president ( not to be found in any age ) all they pretend is nothing to purpose , or the present case . 3ly . the visible horrid , armed force upon both houses of parliament , suppressing and secluding the whole house of peers , a against their undoubted hereditary and most ancient right to sit and vote in all parliaments of england , ratified by the first act made this parliament , 16 car. c. 1. and the act for the continuance thereof , 17 car. c. 7. by pretext whereof the members now sit ; their forcible seclusion of the far greatest part of the house of commons onely for their vote of dec. 5. 1648. to settle the peace of the kingdoms , after a long-lasting intestine war , upon most safe and honourable terms , by the army raised for their defence to sit and vote in safety ; as it totally subverts all the rights , priviledges , and constitution of our parliaments , so it utterly nalls all their votes , orders , ordinances , taxes , and impositions whatsoever to all intents ; as i shall evidence beyond contradiction . 1. by b the declaration of william lenthal esquire , speaker of the honourable house of commons , printed july 29. 16 7. by his direction then ; and rising up in judgement gainst him and all his sitting conventicles , ever since the forcible exclusion of the most of their fellow-members , and the lords , by their expresse order and confederacy . a declaration of william lenthall esquire , speaker of the honorable house of commons . although it may happily be contrary to the expectation of some , that i attend not the service of the house of commons at this time , as i have constantly done for 7. years last . past , yet can it not be reasonably expected by any that well consider the 1 violence offered to both houses of parl. and to my self in particular on monday last ; insomuch that i can safely take it upon my conscience , and so i doubt not may all the members of both houses also , they sate in continual fear of their lives , and by terrour thereof , were compelled to passe such votes as it pleased an unruly multitude to force upon them ; which as i did then openly declare in the house , so i cannot but believe , that they are all void , and null , being extorted by force and violence , and in that manner that they were ; and 2 i cannot any longer dispence with my self to be an instrument in passing such votes , or to give any colour or shadow of parliamentary authority unto them , which are not the votes of the representative body of the kingdom , but of a tumultuous multitude ; as those must needs be accompted , that seemed to passe the house on monday last , and which shall passe hereafter , untill better provision be made for the safe and free sitting of the houses of parliament ; there being no effectual * course taken by the city since the last adjournment of the houses , to prevent the like tumults for the future , no nor so much as a declaration from them to shew their dislike thereof . but on the contrary , it is generally voyced in the town , that there will be a far greater confluence of apprentices , reformadoes , and others , on friday at the parliaments doors ; and particularly notice was given to me that after they 3 had made the house vote what they please , they would destroy me . i had likewise information given me , that there would be a great number of apprentices of a contrary opinion and affections to the other , about the parliament doors on friday morning , which i fore-saw must of necessity cause a great combustion , and in probability occasion much blood-shed ; the preventing of which mischiefs , together with the considerations aforesaid , have weighed more with me than any thing which may concern my particular , and especially having served the house faithfully and diligently for the space of very near seven years , 4 in a true and parliamentary way of proceedings , that i might not now be made a servant to such a multitude to transfer upon them the colour of parliamentary authority , there withall to abuse and deceive the minds , and to 5 destroy the lives , liberties , and estates of the people of this kingdom ; and having taken a 6 solemn protestation & covenant in my place and calling , to maintain the privileges of parliament , and the rights and liberties of the subjects , i could not now satisfie my self , but by 7 absenting my self at this time , rather than by my presence to give any shadow or countenance of the authority of parliament to such apparent violations thereof . neither can the omission of a circumstance , or some formality in the adjournments of the house , ( when through force and violence it cannot meet and sit in any sort as a parliament ) be any prejudice to the future meetings and proceedings thereof , when it may meet and sit again as a free parliament , it being well known , that nothing can dissolve this parliament but an act of parliament . when a company of apprentices , reformadoes and others , shall call the ordinances of parliament , pretended ordinances ; shall 8 lock the doors of the houses upon them , shall swear , not to let them out till they had passed what they pleased concerning the militia of london , and other things , ( though the houses had immediately before voted otherwise , ) shall threaten the houses in case they did not instantly satisfie their demands ; shall knock , whoot , and hollow continually at the parliament door , that the 9 members could not be heard to speak or debate ; & after that the house of commons had passed a vote concerning the militia of london , and that the speaker by the vote had judged the 10 major part to be for the negative , shall not suffer the house to be divided , but in a thr eatning way require those that 11 gave their votes againstth em , to corne out to them if they would ; when after the house was adjourned , they shall by main force thrust back the speaker again into the house , and force the members in their presence and sight ( divers of them thrusting into the house ) to vote what they demanded : when they shall justle pull and hale the speaker all the way he went down to his cosch , and force him to avoid their violence to betake himself to the next coach he could get into , for refuge : when they shall breath forth bloody threats against the members as they came out of the house , and since against me in particular at the next meeting of the house ( as i am credibly informed ) and where there is no appearance , but that they will continue to do as formerly they have done , or far worse on friday , 12 i couldnot in discharge of my trust , protestation and covenant , sit in the chair of the house of commons whilst it shall be iu such a condition : but so soon as it may sit again in freedome and safety , i shall be ready to attend she service thereof ; but till then , as i have upon the forementioned grounds , fully satisfied my own conscience , so i doubt not but i shall give the whole kingdome ( whose interest is most concerned in it ) ample satisfaction in the necessity of my absence . william lenthall , speaker , 2ly . by the engagement of those lords and commons that went to the army after the apprentices transitory forc● , upon the army-officers invitation ) who subscribed their names thereto , with some others who continued sitting in the houses . die mercurii quarto augusti 1647. we the members of both houses of parliament who absent our selves from the service of the parliament , 1 by reason of the force and violence offered thereunto , by a tumultuous multitude ; having received from his excellency , sir thomas fairfax , a declaration , entituled , a declaration of his exceliency sir thomas fairfax , and his councel of war , on the behalf of themselves and the whole army , shewing the grounds of their present advance towards the city of london ; and having perused the same , we look upon it as a declaration full of truth , the matter of fact being well known unto most of us , who have been ey and ear witnesses thereof ; full of christian , noble , and publick affection to the good , peace and prosperity of the kingdome , and full of integrity and faithfulnesse to the tru● interest of the english nation ; and 2 full of undaunted and generous resolutions to assert the honour and freedome of the parliament , and effectually to vindicate it from the force and violence , whereby it hath been of late trampled under the foot of a rabble of people , unto which force 3 it is still exposed , so as it may be exercised upon them at pleasure : and whilest the parliament remains in such a condition , although it be not dissolvable but by act of parl yet it is suspended from acting as a parliament in all these things , and generally throughout , our sense so fully agreeth with what is expressed in that dcelaration of the army , that we cannot but receive it with much approbation , and also with great thankfulness to god in the first place , and next under him , 4 to this ever faithfull army , for that tender sense expressed therein of our honour and security , who absent our selves from the parliament in regard of that force : and for that high eugagem . of the armie to live & dy with us in this cause . whereupon we cannot but 5 mutually engage our selves , as hereby we do , to live & die with sir the . fairfax and the army , in the vindication of the honour and freedome of the parliament : and we cannot but observe the special providence of god in holding up so extraordinarily 6 this army , & reserving it to take off the scorn of this nation , and to raise up again from the depth of contempt , that once so much honoured , and high esteemed name of a parliament . and whereas in the said declaration , it is desired , that we as persons upon whom 7 their publick trust still remaineth , ( though for the present we cannot exercise the same in a parliamentory way ) would advise his excellency and his councel os wa● in such things as may be for the good of the kingdome ; and for the attaining the ends aforesaid ; we do declare , that we shall be ●ver ready to do it upon all occasions , in such a capacity as we may , 8 till we shall be enabled to discharge our trust in a free parliament , which we conceive we can never do , until the houses of parliament may be absolute judges , and masters of their own securities , and such 9 trayterous , audacious offenders , as have endevoured with so high a hand to destroy the highest authority ( as by the particulars so fully & clearly expressed in the declaration of the army may appear ) shal receive condigne punishment , or at least the parliament put in such a condition , as that they may be able to bring them thereunto : and 10 we trust in god , through his accustomed blessing up●n this army and their assistants , in their honest and just undertakings , the parliament shall speedily be put into a condition to sit like a parl. of england ; and we hope , that 11 every true hearted englishman will put his helping hand to so necessary , so publick , and so honourable a work , as is the vindicating the freedom and honour of parliament , wherein the freedome and honour of all the free born people of this nation are involved . manchester , speaker of the house of peers . * sarisbury denbigh northumberland gray of wark mulgrave kent howard say and seal . 1 william lenthal speaker of the house of commons . 2 lord lisle tho. gray will. pierpoint 3 henry mildmay nathaniel fiennes john fiennes 4 arthur haslerigg william armyn 5 james temple edm. prideaux 6 miles corbet john danvers francis allin john evelin 7 george fleetwood george fennick john blackstone 8 tho. scot tho. scot major 9 roger hill 10 henry martin 11 cornelius holland 12 oliver saint-johns 13 william lemmon 14 william mounson humphry edwards 15 john weaver 16 john corbett 17 thomas lister 18 henry smith 19 nich. love francis pierpoint henry lawrence 20 tho. ougain godfrey boswell 21 henry darley 22 tho. boon 23 peter temple 24 philip smith 25 michael livesey henry hamond gregory norton thomas jarvice william constable 26 william say 27 edward ludlow 28 edward dunce 29 john bingham 30 augustine skinner 31 john trenchard 32 sam. mayn benjamine weston francis thurnow . rowland wilson laurence whitacr● john crowder 33 george piggots john bamfield in all but 58. some 10 or more of which sate in the house in the speakers absence , and went not to the army . of these , 33. are yet living , and sitting now and then , excluding the majority of the house by force , and voting them out ; 5. of them now living are secluded , who subscribed this engagement , the rest since dead . how these subscribers and secluders can look god or men in the face , or justify taxes , knacks and proceedings to be legal and parliamentary , whiles most of the members are kept out by force , after this their subscription and publication to the contrary , under their own hands , let themselves resolve . it will be also worth the enquiry , who was the pen-man and contriver of this engagement . whether it be not more dangerous and treasonable in those members who have since confederated with the army to seclude the lords house , and their own members , than that engagement of the citizens , which the subfcribers hereof voted to be treasonable ? and whether it makes not these sitting members who subscribed it , pre-ingaged parties , and incompetent judges of the secluded , ejected , and imprisoned members , who continued sitting in the house , according to their trust and duty ; and of the accused and imprisoned citizens , who did but defend the parliament then sitting , according to their own votes , ordinances , covenant , and their duty ? 3ly . by sir thomas fairfax letter to the right honourable the lord maior , aldermen , and common-council of the city of london . my lord and gentlemen , you may please to remember the former complyance of this army with your desires , to remove to this distance , and that upon the assurance you gave them of your concurrence with their declared desires , for the setling the liberty and peace of the kingdom , ( against which you never yet offered us one exception , or anie ground of dissent ) as also of your great tendernesse and resolution to secure the parliament and their privileges , from any violence or attempt ; the reason given us of your late listing of new forces , and wherein we did most acquiesce . that upon this confidence we had disposed the armie into several parts of the kingdom ; for the ease of the whole , to above 100. miles distance : we had given up our selves to the effecting of such proposals as might tend to the comfortable settlement of this poor kingdom , and a hopefull way for the speedy relief of ireland . we cannot then but be deeply sensible of the 1 unparalleld violation acted upon the parliament , upon mondy last , by a rude multitude from your city , because therein , the guards sent from the city did not only neglect their duty for the security of the parliament from such violence , and the whole citie to yield anie relief to the houses in that extremity , but i am assured from eye and ear-witnesses , that divers of the common-council gave great encouragement to it , which doth not only 2 gain-say your former professions , but doth violence to those many obligations that ( by your charter , protestation , and sundry other waies ) lye upon you to protect the parliament . for my part , i cannot but look on your selves ( who are in authoritie ) as accountable to the kingdom , for your present interruptions of that hopefull way of peace and settlement , things were in for this nation , and of relieving ireland , occasioned by the late treasonable and destructive engagement : especially the lately prodigious and horrid force done upon the parliament , 3 tending to dissolve all government ; upon which score , we and the whole kingdom shall have cause to put every thing of the like nature that may happen to the parliament , or to any who are friends to them , and this armie , except by your wisdom , care , and industry , the chief actors may be detected , 4 secured and given up to the procuring of justice for the same , and the best endeavors used to prevent the like for the future . and so i rest , your most assured friend to serve you , tho. fairfax . bedford , 29 july , 1647. 4ly by a declaration of sir tho. fairfax , * and his council of war , august 3. 1647. concerning the apprentices force upon the houses ; wherein are these observable passages , monday july the six and twentieth , the common-council of the city presents their petitions to both houses for changing the militia , whereon the house of lords refuse to alter their resolutions ; the house of commons answered , they would take it into consideration the next morning . notwithstanding which , the city and kingdome cannot be ignorant with what rage and insolency the tumult of apprentices , the same day forced both houses . they ( 1 ) blockt up their doors , swearing , they would keep them in , till they had passed what votes they pleased ; they threatned the houses , if they granted not their desires , knocking , whooting , and hallowing so at the parliament-doors , that many times the members could not be heard to speak or debate , not suffering the house of commons to divide for determining such questions , as w●●e put , crying out , 2 that those that gave their votes against them , should be sent out to them ; very often and loudly saying . agree , agree , dispatch , we 'l stay no longer ; and in this outragious manner , they continued at the house door above eight hours together , the city-guards there present nor the city relieving them ; by reason whereof the house was forced to vote what that rude multitude would demand , and then adjourned the house till the next morning ; after which the house rising , the speaker and many members going out of the house , they ( 3 ) forc'd them back again into the house : many of the apprentices pressing in with them , where they stood with their hats on their heads , and compelled the speaker to take the chair , and the house to vote in their presence what they pleased ; committing many other insolencies , as is published by the speaker of the house of commons in his declaration , and is too well known by all then present ; and during the time of this execrable violence done by the said apprentices , 4 westminster hall and the palace yard was fill'd with reformadoes , and other ill-affected persons designed to back them : after this the houses being adjourned till friday following , upon the thursday , the apprentices printed and posted a paper in several places of the city , requiring all their fellows to be early at the parliament the next morning , for that they intended to adjourn by seven of the clock , and that for a moneth . thus the speakrs 5 with many of the members of both houses were driven away from the parliament . these things being seriously considered by us , we have thought fit in the name of the army to declare , that all such members of either house of parliament as are already with the army for the security of their persons , and for the ends aforesaid , are forced to absent themselves from westminster , that 5 we shall hold and esteem them as persons in whom the publick trust of the kingdom is still remaining , though they cannot for the present sit as a parliament with freedom and safety at westminster , and by whose advice and counsels , we desire to govern our selves , in the managing these weighty affairs ; and to that end we * invite them to make repair to this army , to joyn with us in this great cause , we being resolved , and do hereby faithfully oblige our selves to stand by them therein , and to live and die with them against all opposition whatsoever . and in particular , we do hold our selves bound to own that honorable act of the speaker of the house of commons , who upon the grounds he himself expressed in his declaration sent unto us , hath actually withdrawn himself ; and hereupon we do further 6 ingage to use our utmost & speedy endeavours , that he and those members of either house , that are thus inforced away from their attendance at westminster , may with freedom and security sit there , and again discharge their trust , as a free and a legal parliament : and in the mean time we do declare against that late choice of a new speaker by some gentlemen at westminster , as 7 contrary to all right reason , law , and custom ; and we professs our selves to be 8 most clearly satisfied in all our judgements , and are also confident the kingdom will herein concur with us , that as things now stand , there is no free nor legal parliament sitting , being through the aforesaid violence at present suspended : and 9 that the drders , votes , or resolutions , forced from the houses on monday the 26. of july last , as also all such as shall passe in this assembly of some few lords and gentlemen at westminster , under what pretence and colour soever , are unto and null , and ought hot to be submitted unto by the free-born subjects of england . and that we may prevent that slavery designed upon us and the nation , that the kingdom may be restored to a happy state of a visible government , now eclipsed and darkened ; we hold our selves bound by our duty to god and the kingdom , to bring to condign punishment the authors and promoters of that * unparalleld violence done to the parliament ; and in that to all the free-born subjects of england , that are or hereafter shall be ; and therefore we are resolved to march up towards london , where we do expect , that the well-affected people of that city will deliver up unto us ( or otherwise put into safe custody , so as they may be reserved to a legal trial ) the 10 eleven impeached members that have again thrust themselves into the management of publick affairs , by this wicked design . and that all others will give us such assistance therein , 11 that the members of both houses may receive due incouragement to return to westminster , there to sit with all freedom , and so to perform their trust , as shall condues to the settlement of this distracted kingdom ; and to inflict such punishments upon these late offenders , as shall deter any for the future to make the like attempt . our lives have not been dear unto us for the publick good , and being now resolved by the assistance of god , to 12 bring these delinquents to their deserved punishments , as that , than which , there cannot be any thing of more publick concernment to the kingdom , we trust ( if it shall come to that ) our bloud shall not be accounted too dear a price for the accomplishment of it . and if any in the city will ingage themselves against us to protect these persons , and so put the kingdom again into a new and miserable war , the bloud must be laid to the account of such persons , as are the authors thereof . it is our chief aim to settle peace with truth and righteousnesse throughout the kingdom , that none may be oppressed in his just freedom and liberties , 13 much lesse the parliament it self : which things being duly setled , we shall be as ready also to assure unto the king his just rights and authority , as any that pretend it never so much , for the better upholding of an ill cause , and the countenance of tumultuous violence against the parliament : the which our honest , just , and necessary undertakings , as we are resolved to pursue with the utmost hazzard of our lives and fortunes , so we doubt not , but we shall find gods accustomed goodnesse and assistance with us therein , till we have brought them to a good and happy conclusion , for this poor distracted & languishing kingdom . 5ly . by the ordinance of both houses , eagerly promoted by all the fugitive members engaging with the army , and now sitting , as well as others remaining , who condemned and passed votes against the apprentiees tumult during their absence , and never countenanced it in the least degree , as * some scandalously , and falsly suggest . die veneris , 20 aug. 1647. an ordinance for declaring all votes , orders , and ordinances passed in one or both houses since the force on both houses , july 26. until the 6. of this present august 1647. to be null and voyd . whereas there was a visible , horrid , insolent and actual force upon the parliament on monday the 26. of july last : whereupon the speakers and * many members of both houses of parliament , were forced to absent themselves from the service of the parliament ; and whereas those members of the house , could not return to sit in safety , before friday the 6. of august . it is therefore declared by the lords and commons in parliament assembled , that the ordinance of monday the said 26. of july , for the repealing and making void of the ordinance of the 23. of the said july , for the setling of the militia of the city of london , being gained by force and violence ; and all votes , orders , ordinances , passed in either or both houses of parliament , since the said ordinance of the 26. of july , to the said 6. of aug. * are null and void , and were so at the making thereof , & are hereby declared so to be , the parliament being under a force and not free . provided alwaies , and be it ordained , that no person or persons shall be impeached for his or their actions by , or upon , or according to the foresaid votes , orders or ordinances , unlesse he or they shall be found guilty of contriving , acting or abetting the aforesaid visible or actual force ; or being present at , or hearing of the said force , did afterwards act upon the votes so forced , &c. john brown cler. parliamentorum . this force mentioned in all these 5. declarations , engagements , and protests against it , by the army-officers , & fugitive members , was far inferior and no waies comparable to the force upon the secured and secluded members , but far inferior thereto in these respects . 1. that force was only by a few unarmed tumultuous london apprentices , who had neither sword , nor musquet , nor pike , nor stick in their hands ; this upon the secluded members , was by whole regiments , troops , companies of horse and foot , armed with swords , musquets , pikes , pistols . 2. that force was upon this account ; only to presse the houses to repeal an ordinance surreptitiously procured to settle the militia of london , without their privities , to the disservice of the city and parliament , passed but 3. daies before : theirs to prevent a settlement of the peace of the kingdom , upon our vote touching the kings answer to the propositions of both houses , for the publick peace , safety , and honour of the parliament , and three kingdoms . 3. their tumult and force lasted but a few houres , and part of one day , and then vanished : that secluding and securing the members , continued sundry years , and ever since the junctoes two last sittings till this present . 4. that force neither secluded , nor secured , not drove away any one member from the houses during its continuance , but only kept them tumultuously in the house till the ordinance of july 23 was repealed by them , and then vanished : this was purposely imployed to secure above 40. and seclude the majority of the members of the commons house , and whole house of peers by violence , against their privileges , trusts , and our laws ; and is still continued for that end . 5. that force caused some few eminent members , only to absent themselves from the houses , and repair to the army , 3. or 4. daies after the force was ended , upon the armies invitation , being the far lesser part of both houses ; this force secured , imprisoned and actually kept out and drove away 5. parts of 6. from the house , and that by practice and combination of some members of the house , to seclude the rest , lest they should over-vote them ; and since by their expresse orders and commands , kept out by armed guards for that end . 6. this force was by such who were never raised , commissioned , waged to preserve the houses and members from violence , that they might freely sit and vote without disturbance . this by souldiers , specially raised , commissioned , intrusted , paid to defend their persons and privileges , freely to sit and vote without interruption or seclusion . 7. that force was condemned , disowned , by all the members of both houses , as well those who remained sitting , or those who absented themselves . this justified , approved , commanded even by those now sitting , though they condemned it as treasonable and criminal , in these apprentices , and in cromwel , lambert , and other army-officers since , in their own cases . 8. this inconsiderable force , nulled and made void all votes , acts , ordinances passed not only during the continuance of this horrid actual , visible force upon the houses on july 26. but likewise from that day till the 6. of aug. only because those few members ( invited to the army ) were forced , as they affirmed , to absent themselves from the service of the parliament , and could not return to sit in safety before that day , though there was neither force nor guards during that space upon either house to deter or drive them thence . therfore upon all these considerations , the ordinance , made for this first tax of 90000. ( and now for 100000. l. a month ) during the forcible securing , secluding , of the whole house of peers , and majority of the commons house , must much more be null and void , and were so at the time of their making to all intents , the parl. and houses being under a more horrid insolent , visible and actual force , before and at the making of them , keeping out the major part of the members , than ever the apprentices , or any age were forme●ly guilty of ; and so no waies obliging the excluded lords , members , or any others whatsoever , our secluders themselves , and these their resolutions being judges , which do all justify the protestation , published in their names ( though not owned by them ) dec. 11. 15 , 8. to be no j●st cause ●●t their ejection by the pretended ordinance of dec. 5. made by 3. lords , and 45. commoners only , whiles both houses were under the armies force , and so be null and void to all intents . fourthly , neither forty members , nor a whole house of commons were ever enough in any age , by the custom of parliament , or law of england , to impose a tax , or make any act of parliament , without the king and house of lords , as i have already proved , and largely and irrefragably evidenced , in my plea for the lords , and house of peers ; my levellers levelled ; the 1. and 2. part of my register and survey of parliamentary writs ; my true and perfect narrative ; and full declaration of the state of the case of the secluded members ; much lesse can they do it after they ceased to be members by the parliaments dissolution through the kings beheading ; neither were they ever invested with any legal power to seclude or expel any of their fellow members ( especially , if duly elected ) for any vote wherein the majority of the house concurred with them , or for voting against , or differing in their consciences and judgements from them ; nor for any other cause , without the kings and lords concurrence , ( in whom the ordinary judicial power of the parliament resides ) as i have undeniably proved by presidents and reasons in my plea for the lords , p. 305 , to 428. and ardua regni , which is further evident by claus. dors. 7 r. 2. m. 32. & mr. seldens titles of honour , p. 737. banneret camoys case , discharged from being knight of the shire by the kings writ and judgement alone , without the commons vote , because a peer of the realm ; the practice of expelling commons by their fellow commons only , being * a late dangerous , unparliamentary usurpation ( unknown to our ancestors ) destructiue to the privileges and freedom of parliaments , and injurious to those counties , cities , boroughs , whose trustees are secluded ; the house of commons it selfbeing no court of justice to give either an oath or final sentence , and having no more authority to dismember their fellow-members , than any * judges , justices of the peace , or committees have to disjudge , dis-justice , or discommittee their fellow-judges , justices , or committee-men , being all of equal authority , and made members ▪ only by the kings writ and peoples election , not by the houses , or other members votes ; who yet now presume both to make and unmake , seclude and recall , expel and restore their fellow-members at their pleasure , contrary to the practice and resolution of former ages , to patch up a factious conventicle , instead of an english parliament . therefore this objection , no waies invalids this first reason ; why i neither can , nor dare submit to this illegal tax in conscience , law , or prudence , which engage me to oppose it in all these respects . if any object , that true it is , the parliament by the common law and custom of the realm determines by the kings death ; but by the statute of 17 caroli , c. 6. which enacts , that this present parliament now assembled shall not be dissolved unlesse it be by act of parliament to be passed for that purpose ; continues the parliament still in being , notwithstanding the kings beheading , since no act of parliament is passed for its dissolution . the only pretext for to support this continuance of the parliament since the kings violent death . to this i answer , that it is a maxime in law , that every statute ought to be expounded according to the intent of those that made it , and the mischiefs is intended only to prevent , as is resolved in 4 edw. 4. 12. 12 edw. 4. 18. 1 h. 7. 12 , 13. plowd . com. fol. 369. and cooks 4. instit. p. 329 , 330. now the intent of the makers of this act , and the end of enacting it , was not to prevent the dissolution of this parliament by the kings death , ( no wayes intimated nor insinuated in any clause thereof , being a clear unavoidable dissolution of it to all intents , not provided for by this law ) but by any writ or proclamation of the king , by his regal power , without consent of both houses ; which i shall manifest by these reasons . first , from the principal occasion of making this act. the king ( as the commons in their * remonstrance of the state of the kingdom , 15 decemb. 1641 complain ) had dissolved all former parliaments during his reign , without and against both houses approbation , to their great discontent and the kingdoms prejudice , as his father king james had dissolved others in his reign : and during their continuance adjourned and prorogued them at their pleasure . now the fear of preventing of the like dissolution , prorogation , or adjournment of this parliament after the scotish armies disbanding , before the things mentioned in the preamble were effected by the kings absolute power , was the only ground and occasion of this law ( not any fear or thoughts of its dissolution by the kings untimely death , then not so much as imagined , being before the wars or irish rebellion brake forth ) the king very healthy , not antient , and likely then to survive this parliament , and many others , in both houses judgement , as appears by the bill for triennial parliaments . this undenyable truth is expresly declared by the commons themselves in their foresaid remonstrance ; exact collection , p. 5 , 6 , 14 , 17. compared together ; where in direct terms they affirm , the abrupt dissolution of this parliament is prevented by another bill , by which it is provided , it shall not be dissolved or adjourned without the consent of both houses : in the bill for continuance of this present parliament , there seems to be some restraint of the royal power in dissolving of parliaments ; not to take it out of the crown , but to suspend the execution of it for this time and occasion only ; which was so necessarie for the kings own security , and the publick peace , that without it we could not have undertaken any of these great charges , but must have left both the armies to disorder and confusion , and the whole kingdom to blood and rapine . in which passages we have a clear resolution of the commons themselves , immediately after the passing of this act : that its scope and intention , was only to provide against the kings abrupt dissolution of the parliament by his mere royal power , in suspending the execution of it for this time and occasion only , and that for the kings own security , ( not his heirs and successors ) as well as his peoples peace and safety . therefore not against any dissolution of it by his natural ( much lesse his violent ) death ; which can no waies be interpreted , an act of his royal power , ( which they then intended hereby , not to take out of the crown , but only to suspend the execution of it for this time and occasion , and that for his security : ) but a natural impotency , or unnatural disloyalty , which not only suspends the kings power for a time , but utterly destroys and takes away him and it without hopes of revival for ever . secondly , the very title of this act ( an act to prevent inconveniences which may happen by the untimely adjourning , proroguing or dissolution of this present parliament ) intimates as much , compared with the body of it , which provides , as well against the adjourning and proroguing of both or either houses without an act of parliament , as against the dissolution of the parliament without an act. now the parliament cannot possibly be said to be adjourned or prorogued in any way or sense , much lesse untimely , merely by the kings death , ( which never adjourned or prorogued any parliament ) but only by his proclamation , writ , or royal command , to the houses or their speakers , executed during his life , as all our journals , ¶ parliaments rolls and * lawbooks resolve , though it may be dissolved by his death , as well as by his proclamation , writ , or royal command . and therefore this title and act coupling adjourning proroguing and dissolving this parliament together , without consent of both houses , by act of parliament , intended only a dissolution of this parliament by such prerogative waies and means by which parliaments had been untimely adjourned and prorogued as well as dissolved by the kings mere will without their assents ; not of a dissolution of it by the kings death , which never adjourned nor prorogued anie parliament , nor dissolved any formerly sitting parliament in this kings reign , or his ancestors since the death of king hen : the 4th . and king james , the only parliaments we read of dissolved by death of the king since the conquest ; and so a mischief not intended nor remedied by this act . thirdly , the prologue of the act implies as much ; whereas great sums of mony must of necessity be speedilie advanced and procured for the relief of his majesties army and people ( not his heirs or successors ) in the northern parts , &c. and for supplie of other his majesties present and urgent occasions ( not his heirs or successors future occasions ) which cannot be so timely effected as is requisite , without credit for raising the said monies ; which credit cannot be attained , untill such obstacles be first removed , which are occasioned by fears , iealousies and apprehensions of divers of his majesties royal subjects , that the parliament may be adjourned , prorogued or dissolved ( not by the kings sodain or untimelie death , of which there was then no fear , jealousie or apprehension in any his majesties loyal subjects , but by his royal prerogative and advice of ill counsellors ) before justice shall be duly executed upon delinquents , ( then in being , not sprung up since ) publique grievances ( then complained of , not others introduced since this act , ) redressed ; a firm peace betwixt the two kingdoms of england and scotland concluded , and before sufficient provisions be made for the repayment of the said monies ( not others since borrowed ) so to be raised : all which the commons in this present parliament assembled having duly considered , do therefore humbly beseech your majestie , that it may be declared and enacted , &c. all which expressions , related to his late majestie onlie , not to his heirs and successors ; and the principal scope of this act , being to gain present credit to raise monies to disband the scotish and english armies then lying upon the kingdom , manie years since accomplished ; yea justice being since executed upon strafford , canterbury , and other delinquents then impeached ; the publick grievances they complained of ( as the star-chamber , high-commission , ship-mony , tonnage and poundage , fines for knighthood , bishops votes in parliament , with their courts and jurisdictions , and the like ) redressed by acts soon after passed , & a firm peace between both nations concluded before the wars began ; and this preamble's pretensions for this act all fullie satisfied divers years before the kings beheading : it must of necessity be granted , that this statute never intended to continue this parliament on foot after the kings decease : especially after the ends for which it was made were all fully accomplished : and so it must necessarily be dissolved by his death . fourthly , this is most clear by the body of the act it self : and be it declared and enacted by the king our soveraign lord , with the assent of the lords and commons in this present parliament assembled , and by the authority of the same , that this present parliament , now assembled , shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose ; nor shall any time or times during the continuance thereof , be prorogued or adjourned , unless it be by act of parliament , to be likewise passed for that purpose . and that the house of peers shall not at any time or times during this present parliament be adjourned , unlesse it be by themselves ; or by their own order . and in like manner that the house of commons shall not at any time or times during this present parliament be adjourned , unlesse it be by themselves ; or by their own order . whence it is undeniable , 1. that this act was only for the prevention of the untimely dissolving , proroguing and adjourning of that present parliament then assembled , and no other . 2. that the king himself was the principal member of his parliament , yea , our soveraign lord , and the sole declarer and enacter of this law , by the lords and commons assent . 3. that neither this act for continuing , nor any other for dissolving , adjourning or proroguing this parliament , could be made without , but only by and with the kings royal assent thereto ; which the lords and commons assembled in parliament , in their * remonstrance of the 26. of may 1642. oft in terminis acknowledge , together with his negative voyce to bills . 4ly . that it was neither the kings intention in passing this act to shut himself out of parliament , or create both or either house a parliament without a king , as he professed in his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} c. 5. p. 27. nor the lords nor commons intendment to dismember him from his parliament , or make themselves a parliament without him ; as their foresaid remonstrance testifies , and the words of the act import : neither was it the kings , lords or commons meaning by this act , to set up a parliament only of commons ( much lesse of a remnant of a commons house selected by colonel pride , and his confederates of the army to serve their turns , and vote what they prescribed ) without either king or house of peers ; much lesse to give them any super-transcendent authority to vote down and abolish the king and house of lords , and make them no members of this present or any future parliaments , without their own order or assent , against which so great usurpation , and late dangerous unparliamentary encroachments this very act expresly provides in this clause , that the house of peers ( wherein the king sits as soveraign when he pleaseth , ) shall not at any time or times during this present parliament be adjourned ( much less then dissolved , excluded , or suspended from sitting or voting , which is greater , and that by their inferiours in all kinds , a fragment of the commons house , who can pretend no colour of jurisdiction over them , before whom they alwaies stood bare-headed , like so many grand-jury-men before the judges , and attended at their doors and bar to know their pleasures : ) unlesse it be by themselves , or by their own order . 5. that neither the king , lords nor commons intended to set up a perpetual parliament , and intail it upon them , their heirs or successors for ever , by this act , which would cross and repeal the act for triennial parliaments made at the same time , and on the same * day in law ; but to make provision only against the untimely dissolving of this , till the things mentioned in the preamble were accomplished and setled ; as the preamble , and these oft repeated words , any time or times during the continuance of this present parliament , concludes ; and that during his majesties reign and life , not after his death ; as these words , coupled with the relief of his majesties army and people ; and for supply of his majesties present and urgent occasions in the preamble , manifest . therefore , this act can no waies continue it a parliament after the kings beheading ; much lesse after the forcible exclusion both of the king and lords house , and majority of the commons out of parliament by those now sitting , contrary to the very letter and provision of this act ; by which device the king alone , had he conquered and cut off , or secluded by his forces the lords and commons houses from sitting , might with much more colour have made himself an absolute parliament , to impose what taxes and laws he pleased , on the people ; without lords or commons , or any 40. of the commons house , or any 7. or 8. lords concurring with him , secluding all the rest by armed power , make themselves an absolute standing parliament , for him , his heirs and successors , by vertue of this act , than those few commons sitting since his tryal & death do , or can do . 6. the last clause of this act ; and that all and every ●●ing or things whatsoever done , or to be done , ( to wit , by the king or his authority ) for the adjournment , proroguing or dissolving of this present parliament , contrary to this present act , shall be utterly void and of none effect . now death , and a dissolution of this parliament by the kings death , cannot ( as to the king ) be properly stiled , a thing done , or to be done ( by him ) for the adjournment , proroguing or dissolving of this parliament , contrary to this present act ; which cannot make the kings death utterly void and of none effect , by restoring him to his life again . therefore the dissolution of the parl. by the kings death , is cleerly out of the words and intentions of this act , especially so many years after its enacting . 7. this present parl. & every member thereof , being specially summoned by the kings writ , by the particular name of carolvs rex , not rex in general , only to be his parliament and council , and to confer personally with him , of the great and urgent affairs concerning him and his kingdom , not his heirs and successors ; and these writs , and the elections upon them , returned unto him and his court by indentures , and the persons summoned and chosen by vertue of them , appearing only in his parliament , for no other ends but those expressed in his writs ; it would be both an absurdity and absolute impossibility to assert , that the king , or both houses , intended by this act , to continue this parliament in being after the kings beheading or death : unlesse they that maintain this paradox , be able to inform me and those now sitting , how they can confer and advice with a dead beheaded king , of things concerning him and his kingdom ; and that even after they have abjured his heirs and successors , and royal line , and extirpated monarchy it self , and made it treason to assert or revive it ; and how they can continue still his parliament and council , whose head they have cut off ; and that without reviving or raising him from his grave , or enstalling his right heir and successor in his throne , to represent his person ; neither of which they dare to do , for fear of losing their own heads and quarters too , for beheading him . this tax therefore being imposed on the kingdom long after the kings beheading , and the parliaments actual and legal dissolution by it , must needs be illegal , and meerly void in law to all intents ; because not granted nor imposed in , but totally out of parliament , by those who were then no commons nor members of a parliament , and had no more authority to impose any tax upon the kingdom , than any other forty or fifty commoners whatsoever out of parliament , who may usurp the like authority , by this president , to tax the kingdom or any county what they please , ( yea the whole 3. kingdoms of england , scotland , and ireland , as they now presume ) and then levy it by an army or force of armes , to the peoples infinite , endlesse oppression and undoing . this is my first and principal exception against the legality of this tax , and others they shall impose , which i desire the imposers and levyers of it most seriously to consider , and challenge them all to answer if they can , for our 3. kingdoms present , and posterities satisfaction , by other arguments than imprisonments , close imprisonments , pistols , swords , and armed violence , and that upon these important considerations from their own late declarations . first , themselves in their own declaration of the 9th . of february , 1648. have protested to the whole kingdom : that they are fully resolved to maintain , and shall and will uphold , preserve , and keep the fundamental laws of this nation , for , and concerning the preservation of the lives , properties and liberties of the people , with all things incident thereunto : which how it will stand with the former , and this new tax imposed by them out of parliament , or in a thin house under force , or their act concerning new treasons ; i desire they would satisfie the kingdom , before they levy the one , or proceed upon the other against any of their fellow-subjects , by meer arbitrary armed power against law and right . secondly , themselves in their declaration expressing the grounds of their late proceedings , and setling the present government in way of a free-state , dated 17 martii , 1648. engage themselves : 1. to procure the well-being of those whom they serve : to renounce oppression , arbitrary power , and all opposition to the peace and freedom of the nation : and to prevent to their power , the reviving of tyranny , injustice , and all former evils ( the only end and duty of all their labours ) to the satisfaction of all concerned in it . 2. they charge the late king for exeeeding all his predeoeessors in the destruction of those whom he was bound to preserve ; to manifest which they instance in the loans , unlawfull imprisonments , and othec oppressions which produced that excellent law of the petition of right ; which were most of them again acted , presently after the law made against them , which was most palpably broken by him , almost in every part of it , very soon after his solemn consent given unto it . 1 his imprisoning and prosecuting members of parliament , for opposing his unlawfull will : and of divers 2 worthy merchants for refusing to pay tonnage and poundage , because not granted by parliament ; yet 3 exacted by him expresly against law ; & punishment of many 4 good patriots for not submitting to whatsoever he pleased to demand , though never so much in breach of the known law . the multitude of projects and mouopolies established by him . his design and charge to bring in 5 german-horse , to awe us into slavery : and his hopes of compleating all by his grand project of 6 ship-mony , to subject every mans estate to whatsoever proportion he pleaseth to impose upon them . but above all the english army was laboured by the king to be engaged against the english parliament . a thing of that 7 strange impiety and unnaturalness for the king of england , to sheath their swords in one anothers bowels , that nothing can answer it but his own being a foreiner : neither could it have easily purchased belief , but by his succeeding visible actions in full pursuance of the same . as the kings coming in person to the 8 house of commons to seise the five members , whither he was followed 9 with some hundreds of unworthy debauched persons , armed with swords and pistols , and other arms ; and they attending at the door of the house , ready to execute whatsoever their leader should command them . the oppressions of the council-table , star-chamber , high-commission , court-martial , wardships , purveyances , afforestations , and many others of like nature , ( equalled , if not far exceeded now by sundry arbitrary committees and sub-committee , to name no others , in all manner of oppressions and injustice ) concluding thus : vpon all these and many other unparallel'd offences , upon his breach of faith , of oaths and protestations ; upon the cry of the blood of england and ireland : upon the tears of widows ond orphans , and childless parents , and millions of persons undone by him , let all the world of indifferent men judge , whether the parliament ( you mean your selves only which made this declaration ) had not sufficient cause to bring the king to iustice ? and much more the whole kingdom , and secluded lords and members , to bring you to publick justice ; since you not only imitate , but far exceed him in all and every of these , even by your own verdict . 3. themselves charge the king with profuse donations of salaries and pensions to such as were found , or might be made fit instruments and promoters of tyranny : which were supplied not by the legal justifiable revenue of the crown , but by projects and illegal waies of draining the peoples purses . all which mischiefs and grievances they say will be prevented in their free state , though the quite contrarie way ; as appears by the late large donations of some thousands to mr. * henry martin , the lord lisle , commissary general ireton , cromwell , and others of their members and instruments , upon pretence of arrears , or service , and that out of the monies now imposed for the relief of ireland , and other publick taxes , customs , lands and revenues . and must we pay taxes to be thus prodigally given away and expended ? 4. they therein promise and engage , that the good old laws and customs of england , the badges of our freedom , ( the benefit whereof our ancestors enjoyed long before the conquest , and spent much of their blood to have confirmed by the great charter of the liberties ) and other excellent laws which have continued in all former changes , and being duly executed , are the most just , free , and equal of any other laws in the world , shall be duly continued and maintained by them ; the liberty , property and peace of the subject being so fully preserbed by them , and the common interest of those whom they serve . and if those laws should be taken away , all industry must cease ; all misery , blood and confusion would follow , and greater calamities , then fell upon us by the late kings mis-government , would certainly involve all persons , under which they must inevitably perish . how well they have performed this part of their remonstrance , let their proceedings in their high courts of justice , the long imprisoments and close imprisonments of my self , and other their fellow-members , their acts for new treasons and delinquents , and ejecting their fellow-members and lords out of parliament , without the least impeachment , tryal , accusation , their imprisonment of sir robert pye , the kentish gentlemen , and others , for demanding a free parliament , fair and free elections , restitution of the secluded members , &c. determine . 5. they therein expresly promise , p. 26. to order the revenue in such away , that the publick charges may be defrayed , the souldiers pay justlie and duly setled , that free-quarter may be wholy taken away , and the people eased of their burthens and taxes : and is this now all the ease we feel ; to have all burthens and taxes thus augmented , doubled , trebled , paid in near a year before hand , and then new and greater taxes imposed on them for those verie months they have paid in their old proportion before hand , beyond all presidents of tyranny and oppression in any age , and that by pretended acts made out of parliament , against all these good old laws and statutes , our liberties and properties , which these worse than aegyptian tax-masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution and violation ? 6. that this very juncto , in their act ( as they stile it ) made and published , octob. 11. 1659. intituled an act against the raising of monies upon the people , without their common consent in parliament ; enact and declare , that no person or persons , shall after the xi . of october , 1659. assesse , levy , collect , gather or receive any customs imposts , excise , assesment , contribution , tax , tallage , or any sum or sums of mony , or other imposition whatsoever , upon the people or commonwealth , without their consent in parliament , or as by law might have been done before the 3. of november 1640. and it is further enacted and declared , that every person offending contrary to this act , shall be , and is hereby adjudged guilty of high treason , and shall suffer and forfeit as in case of high treason . which * some of them have declared , to be the fundamental and old law of england , against which no by-law is to be made , and one of the main birth-rights of england . therefore themselves by assessing and imposing many former customs , imposts , excises , assesments and contributions on the people ; and this of one hundred thousand pounds a month , for 6. month jan. 26. 1659. without common consent in parliament , when and whiles 26. of the greatest counties in england , and 11. shires in wales , 14. whole cities , and most boroughs in england , have not so much as one knight , citizen or burgess sitting with them to represent them , and 9. english counties no more but one knight , and but 4. counties , and 2. cities alone , and not above 3. or 4. boroughs their full numbers of knights , citizens and burgesses , sitting with them to represent them ; all the rest to the number of 420. members , besides the whole house of lords , being forcibly excluded or dead ; by the tenor of their own act and decl. are adjudged guilty of high treason , and ought to suffer and forfeit as in case of treason , and all those commissioners named in their act , amounting to above one thousand , and all assessors , collectors and treasurers under them , who shall assesse , levy , collect , gather or receive the same , shall incur the guilt of treason , and suffer and forfeit as in case of high treason ; and their real and personal estates , be confiscated to pay the publick debts , and souldiers arrears . 7. that this anti-parliamentary convention , in their late declaration of jan. 24. have published and declared to the world , that they are resolved to remain constane and immovable , that the people of these nations may be governed from time to time by representatives of parliament , chosen by themselves . that they should be governed by the laws , that all proceedings touching the laws , liberties and estates of the free-people of the commonwealth , shall be according to the laws of the land ; it being their principal care to provideagainst all arbitrarinesse in government . and that it is one of the greatest cares they have upon them , how to give the people that ease , from their present burthens , which their ( undone ) condicion calls for . which how well and faithfully they have performed , and not rather most notoriously violated , let the whole world , god , angels , men , determin , by their imposing a monthly tax of one hundred thousand pounds a month , for the 6. next months , they had paid and advanced before hand : by ordering gen. monk by a vote of their council of state , at whitehall ( afterwards ratisied by a vote , at westminster when executed ) the 9. of this instant february , to march with all his forces into the city of london , to seize and imprison 2. of their aldermen , and sundry of their common-council men in the tower , to pull down and destroy the gates and portcullesses of the city ; to discontinue , null and void the common-council of the city of london for this year , by ordering a bill for the choice of another common-council , with such qualifications as the juncto shall think fit ; which was accordingly executed , and then ratified and approved by their votes ; and by commanding him afterwards to demand the city arms , & to disarm them by force , if they deliver them not upon demands s and all because the common-council upon a petition of the citizens , and remonstrance of the gentlemen , ministers and freeholders of warwickshire , and other counties febr. 8. voted and resolved ; that no person or persons whatsoever , might impose any laws or taxes upon the city and citizens , untill the authority thereof be derived from their representatives in a full and free parliament . and all this without and before the least hearing or examination of the city and common-council : a tyranny , indignity , dishonour and ingratitude not to be paralleld , and never offered in any age to the city and citizens before by any of our kings , for the highest treasons against them , at least before hearing and convicti●● ; much lesse only for demanding and claiming the benefit of those fundamental laws and privileges , for whose defence they had so lately expended so many millions of treasure , and thousands of their lives , to defend them according to these their fresh declarations , and acts encouraging them thereunto ; ( and that after all their former obligations and indearments to the city upon all occasions , and the beheaded kings free confirmation of all their former charters , liberties , privileges , militia , and enlargements of the same , at the treaty in the isle of wight , notwithstanding their taking up armes against him in the parliaments defence ) may now justly irritate and engage the city of london , and all other cities , boroughs , corporations and counties of this realm , unanimously to oppose the present and all other taxes and excises whatsoever , imposed on them by these oppressors , and put their own act in vigorous execution against them , as the worst of tyrants , and invaders of their liberties . thirdly , both houses of parliament joyntly , and the house of commons severally in the late parliament , with the approbation of all , and consent of most now sitting , did in sundry ¶ romonstrances and declarations , published to the kingdom , not only tax the king and his evil counsellors , for imposing illegal taxes on the subjects , contrary to the forecited acts ; the maintenance whereof against all future violations and invasions of the peoples liberties and properties they made one principal ground of our late bloody expensive war ; but likewise professed * that they were specially chosen and intrusted by the kingdom in parliament , and owned it as their duty to hazzard their own lives and estates , for preservation of those laws and liberties , and use their best endeavours that the meanest of the commonalty might enjoy them as their birth-rights , as well as the greatest subject . that every honest man , ( especially those who have taken the late protestation , and solemn league and covenant since ) is bound to defend the laws and liberties of the kingdom against will and power , which imposed what payments they thought fit to drain the subjects purses , and supply those necessities ( which their ill counsel had brought upon the king and kingdom . ) and that they would be ready to live and dye with those worthy and true-hearted patriots of the gentry of this nation and others , who were ready to lay down their lives and fortunes , for the maintenance of their laws and liberties : with many such like expressions . which must needs engage me ( a member of that parliament , and patriot of my country ) with all my strength and power to oppose this injurious tax , imposed out of parliament , though with the hazard of my life and fortunes ; wherein all those late secluded lords and members who have joyned in these remonstrances are engaged by them to second me , under pain of being adjudged unworthy for ever hereafter to sit in any parliament , or to be trusted by their counties and those for whom they served . and so much the rather to vindicate the late houses honour and reputation from those predictions and printed aspersions of the beheaded king , now verified as undeniable experimented truths by the antiparliamentary sitting juncto ; * that the maintenance of the laws , liberties , properties of the people , were but only gilded dissimulations , and specious pretences to get power into their own hands , thereby to enable them to destroy and subvert both laws , liberties and properties at last , and not any thing like them ; to introduce anarchy , democracy , parity , tyranny in the highest degree , and new forms of arbitrary government , and leave neither king nor gentleman : all which the people should too late discover to their costs , and that they had obtained nothing by adhering to and complyance with them , but to enslave and undo themselves , and to be at last destroyed . which royal predictions many complain , and all experimentally ●ind too trulie verified by those who now bear rule , under the nam● and visour of the parliament of england , since its dissolution by the kings decapitation , and the armies imprisoning and seclusion of the members and lords , who above all others are obliged to disprove them by their actions , as well as declarations to the people , who regard not words but real performances from these new keepers of their liberties , especially in this first year of englands freedom engraven on all their publick seals , which else will but seal their selfdamnation , and proclaim them the archest impostors under heaven ; and now again in their 3. session , after their two sodain and forcible dissolutions . secondly , should i voluntarily submit to pay this tax , and that by vertue of an act of parliament made by those now sitting , ( some of whose elections have been voted void ; others of them elected by new illegal writs under a new kind of seal , without the kings authority , stile or seal , and that since the kings beheading , as the earl of pembroke , and lord edward howard , uncapable of being knights or burgesses by the common-law or custom of parliament , being peers of the realm ( if now worthy such a title ) as was adjudged long since in the lord camoyes case , claus. dors. 7 r. 2. m. 32. asserted by mr. selden in his titles of honor , part 2. c. 5. p. 737. seconded by sir edward cook in his 4. institut . p. 1 , 4 , 5 , 46 , 47 , 49. and i have proved at large in my plea for the lords and house of peers , ) as i should admit these to be lawfull members , and their unlawfull void writs to be good in law ; so should i tacitly admit , & ex post facto assent to some particulars against my knowledge , judgement , conscience , oaths of supremacy , allegiance , p●otestation , and solemn league and covenant , taken in the presence of god himself , with a sincere heart and real intention to perform the same , and persevere therein all the dayes of my life , without suffering my self directly or indirectly , by whatsoever combination , perswasion or terror to be withdrawn therefrom . as first , that there may be and now is a lawfull parliament of england actually in being , and legally continuing after the kings death , consisting only of a few late members of the commons house , without either king , lords , or most of their fellow-commons : which the very consciences and judgements of all now sitting , that know any thing of parliaments , and the whole kingdom if they durst speak their knowledge , know and believe to be false , yea against their oaths and covenant . secondly , that this parliament ( so unduly constituted , and packed by power of an army combining with them ) hath a just and lawfull authority to violate the privileges , rights , freedoms , customs , and alter the constitution of our parliaments themselves ; imprison , seclude , expel most of their fellow-members for voting according to their consciences ; to repeal what votes , ordinances and acts of parliament they please , erect new arbitrary courts of war and justice to arraign , condemn , execute the king himself , with the peers and commons of this realm by a new kind of martial law , contrary to magna carta , the petition of right , and law of the land : dis-inherit the kings posterity of the crown , extirpate monarchy , and the whole house of peers , change and subvert the antient government , seals , laws , writs , legal proceedings , courts , and coin of the kingdom ; sell and dispose of all the lands , revenues , jewels , goods of the crown , with the lands of deans and chapters , as they think meet ; absolve themselves ( like so many antichristian popes ) with all the subjects of england and ireland , from all the oaths and engagements they have made to the kings majesty , his heirs and successors : yea , from their verie oath of allegiance , notwithstanding this expresse clause in it ( which i desire may be seriously and conscienciously considered by all who have sworn it ) i do believe and in conscience am resolved , that neither the pope , nor any person whatsoever hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authoritie to be lawfully ministred unto me , and do renounce all pardons and dispensations to the contrary ; and to dispence with our protestations , solemn league and covenant so lately and * zealously urged and injoyned by both houses on members , officers , ministers , and all sorts of people throughout the realm ; to dispose of all the forts , ships , forces , offices and places of honour , power , trust or profit within the kingdom to whom they please ; to displace and remove whom they will from their offices , trusts , pensions , callings , at their pleasures , without any legal cause or trial : to make what new acts , laws , and reverse what old ones they think meet , to insnare , inthrall our consciences , estates , liberties , lives : to create new ▪ monstrous treasons never heard of in the world before ; and declare real treasons against king , kingdom , parliament , to be no treasons , and loyalty , allegiance , due obedience to our known laws , and consciencious observing of our oaths and covenants ( the breach whereof would render us actual traytors , and perjurious persons ) to be no lesse than high treason , for which they may justly imprison , dismember , disfranchise , displace and fine us at their wills ( as they have done some of late ) and confiscate our persons , lives to the gallows , and our estates to their new exchequer ; ( a tyranny beyond all tyrannies ever heard of in our nation , repealing magna charta , c. 29. 5 e. 3. c. 6. 25 ed. 3. c. 4. 28 ed. 3. c. 3. 37. e. 3. c. 18. 42 e. 3. c. 3. 25 ed. 3. c. 2. 11 r. 2. c. 4. 1 h. 4. c. 10. 2 h. 4. rot. par. n. 60. 1 e. 6. c. 12. 1 mar. c. 1. the petition of right , 3 caroli , the statutes made in the begining of the parliament , 16 caroli c. 1 , 7 , 8 , 10 , 12 , 14 , 20. and laying all our * laws , liberties , estates , lives in the very dust , after so many bloody and costly years wars , to defend them against the kings and others invasions ) raise and keep up what forces they will by sea and land , impose what heavy taxes they please , and renew , increase multiply and perpetuate them on us , and on scotland and ireland too , which no english parliament ever did before , as often and as long as they please , to support their own encroached , more then regal , parliamental , super-transcendent arbitrary power over us , and all that is ours or the kingdoms , at our private and the publick charge , against our wills , judgements , consciences , to our absolute enslaving , and our three kingdoms ruine , by engaging them one against another in new civil wars ; and exposing us for a prey to our forein enemies . all which , with other particulars , lately acted and avowed by the imposers of this tax , and sundry others since by colour of that pretended parliamentary authority by which they have imposed it , i must necessarily admit , acknowledge to be just and legal by my voluntary payment of it , on purpose to maintain an army , to justifie and make good all this by the meer power of the sword , which they can no waies justifie and defend by the laws of god or the realm , or the least colour of reason , justice , honesty , religion , conscience , before any tribunal of god or men , when legally arraigned , as they may one day be . neither of which i can or dare acknowledge , without incurring the guilt of most detestable perjury , and highest treason , against king , kingdom , parliament , laws and liberties of the people ; and therefore cannot yield to this assesment . thirdly , the principal ends and uses proposed in the pr●tended acts and warrants thereupon for payment of this tax , and other taxes since , are strong obligations to me , in point of coùscience , law , prudence , to withstand it ; which i shall particularly discusse the first is , the maintenante and continuance of the pr●sent army and forces in england under the lord fairfax , cromwell , and other commanders since . to which i say , first , as i shall with all readinesse , gratitude and due respect , acknowledge their former gallantry , good and faithfull services to the parliament and kingdom , whiles they continued dutifull and constant to their first engagements , and the ends for which they were raised by both houses , as far forth as any man ; so in regard of their late monstrous defections , and dangerous apostacies from their primitive obedience , faithfulnesse , and engagements in disobeying the commands , and levying open war against both houses of parliament , keeping an horrid force upon them at their very doors ; seising , imprisoning , secluding , abusing , and forcing away their members , printing and publishing many high and treasonable declarations against the institution , privileges , members and proceedings of the late , and being of all futur● parliaments ; imprisoning , abusing , arraigning , condemning and executing our late king , against the votes , faith , and engagements of both houses , and dis-inheriting his posterity , usurping the regal , parliamental , magistratical , and ecclesiastical power of the kingdom to their general-council of officers of the army , and anti-parliamentary conventicles , as the supreme swaying authority of the kingdom , and attempting to alter and subvert the antient government , parliaments , laws , and customs of our realms . and upon serious consideration of the ordinary , unsufferable assertions of their officers and souldiers uttered in most places where they quarter , and to my self in particular , sundry times , * that the whole kingdom , with all our lands , houses , goods and whatsoever we have , is theirs , and that by right of conquest , they having twice conquered the kingdom : that we are but their conquered slaves and vassals , and they the lords and heads of the kingdom : that our very lives are at their mercy and courtesie : that when they have gotten all we have from us by taxes and free-quarter , and we have nothing left to pay them , then themselves will seize upon our lands as their own , and turn us and our families out of doors : that there is now no law in england ( nor never was , if we believe their lying oracle peters ) but the sword ; with many such like vapouring speeches and discourses , of which there are thousands of witnesses : i can neither in conscience , law , nor prudence assent unto , much lesse contribute in the least degree , for their present maintenance , or future continuance , thus to insult , inslave , and tyrannize over king , kingdom , parliament , people at their pleasure , like their conquered vassals . and for me in particular to contribute to the maintenance of those , who against the law of the land , the privileges of parliament , and liberty of the subject , pulled me forcibly from the commons house , and kept me prisoner about 2. months space under their martial , to my great expence and prejudice , and since that , close prisoner near 3. whole years in dunster , taunton and pendennis castles , and thrice forcibly excluded me and other members out of the house , may 7. and 9. and decemb. 27. 1659. without any particular cause pretended or assigned , only for discharging my duty to the kingdom , and those for whom i served in the house , without giving me the least reparation for this unparallel'd injustice , or acknowledging their offence ( and yet detain some of my then fellow-members under custody by the meer power of the sword , without bringing them to trial ) would be , not ●●ly absurd , unreasonable , and a tacit justification of this h●rrid violence , and breath of privilege , but monstrous , unnatural , perfidious , against my oath and covenant . 2. no tax ought to be imposed on the kingdom in parliament it self , but in case of necessity , for the common good , and defence thereof against forein enemies , or domestique traytors and rebels , as is clear by the stat. of 25 e. 1. c. 6. all acts for taxes , subsidi●s , tenths , aydes , tonnage and poundage , & cooks 2 instit. p. 528. now it is evident to me , that there is no necessity of keeping up this army for the kingdoms common good , but rather a necessity of disbanding it , or the greatest part of it , for these reasons : 1. because the whole kingdom with scotland and ireland are generally exhausted by the late 18. years wars , plunders and heavy taxes ; there being more monies levyed on it by both sides , during these 18. last years , than in all the kings reigns since the conquest , as will appear upon a just computation : all counties being thereby utterly unable to pay it . 2. in regard of the great decay of trade , the extraordinary dearth of cattel , corn , and provisions of all sorts ; the charge of relieving a multitude of poor people , who starve with famine in many places , the richer sort ( eaten out by taxes and free-quarter ) being utterly unable to relieve them . to which i might adde , the multitude of maimed souldiers , with the widows and children of those who have lost their lives in the wars , which is very costly . 3. the heavie contributions to support the army , which destroy all trade , by fore-stalling , engrossing most of the monies of the kingdoms , and enhancing their prices , keeping many thousands of able men and horses idle , only like moths , and locusts to consume other labouring mens provisions , estates , and the publick treasure of the kingdoms , when as their employment in their trades and callings , might much advance trading , and enrich the kingdoms . 4. there is now no visible enemy in the field or elsewhere , and the fitting members boast there is no fear from any abroad , their navie being so victorious . and why such a vast army should be still continued in the kingdom to increase its debts and payments , when charged with so many great arrears and debts already , to eat up the count●y with taxes and free-quarter , only to play , drink , whore , steal , rob , murther , quarrel , fight with , impeach and shoot one another to death as traytors , rebels , and enemies to the kingdom , and peoples liberties , as of late the levellers , and cromwellists did , ( when this was written ) and the lambardists and rumpists since , for want of other imployments , and this for the publick good , transcends my understanding . 5. when the king had two great armies in the field , and many garrisons in the kingdom , this whole army by its primitive establishment , consisted but of twenty two thousand horse , dragoons and foot , and had an establishment only of about fortie five thousand pounds a month for their pay , which both houses then thought sufficient , as is evident by their o ordinances of febr. 15. 1644. and april 4 1646. and when the army was much increased without their order , sixty thousand pounds a month was thought abundantly sufficient by the officers and army themselves , to disband and reduce all super-numeraries , maintain the established army and garrisons , and ease the country of all free-quarter ; which tax hath been constantly pain in all counties . why then this tax to the army should now be raised above the first establishment , when reduced to twenty thousand , whereof sundry regiments are designed for ireland , ( for which there is thirty thousand pounds a month now enacted , beside the sixty for the army ) and this for the common good of the realm , and that the taxes since should be mounted to 120. thousand pounds each month and now again to one hundred thousand pounds for those 6. months , for which they have paid in 35. thousand pounds , 9. months since before hand ; only to murther our protestant brethren , and allies of scotland and holland , destroy and oppresse each other , and keep up an anti-parliamentary conventicle of tyrants and vsurpers , to undo , enslave and ruine our kingdoms , parliaments , and their privileges , against all their former oaths , protestations , declarations , covenants , is a riddle unto me , on rather , a mystery of iniquity ▪ for some mens private ●●●re , 〈…〉 than the publick weal . 6. the militias of every county ( for which there was so great contest in parliament with the late king ) and those persons of interest and estates in every shire or corporation who have been cordial to the parliament and kingdom heretofore , if put into a posture of defence , under gentlemen of quality , and known integrity , as they were under sectaries , quakers , and anabaptists of late , would be a far greater , safer , fitter guard to secure the kingdom & parliament against forein invasions , or domestick insurrections , than a mutinous mercenary army of sectaries , or persons and souldiers of no fortunes , and that with more general content , and the tenth part of that charge the kingdom is now at to maintain this army , & a costly militia besides , and prevent all danger of the undoing pest of free-quarter . therefore there is no necessity to keep up this army , or impose any new tax for their maintenance , or defraying rheir pretended arrears : which i dare aver , the free-quarter they have formerly taken in kinde , and levied in money , if brought to a just account , as it ought , will double , if not treble most of their antient arrears , and make them much indebted to the country . and no reason they should have full pay and free-quarter too , and the country bear the burthen of both , without full allowance of all the quarters levied or taken on them against law , out of their pretended arrears . and if any of the sitting tax-makers here object , that they dare not trust the militia of the cities and counties of the realm with their own or the kingdoms defence : therfore there is a necessity for them to keep up the army , to prevent all dangers from abroad , and insurrections at home . i answer , 1. that upon these pretences these new lords may intail and enforce an army , and taxes to support them , on the three kingdoms till dooms-day . 2. if they be real members who make this objection , elected by the counties , cities and boroughs for which they serve , and deriving their parliamental authority only from the people , ( the * only new fountain of all power and authority , as themselves now dogmatize ) then they are but their servants and trustees , who are to allow them wages , and give them commission for what they act . and if they dare not now trust the people , and those persons of quality , sidelitie , and estate , who both elected , intrusted and impowred them , and are their lords and masters , not slaves or vassals , yea the primitive and supreme power ; it is high time for their electors and masters , ( the people ) to revoke their authoritie , trusts , and call them to a speedie account for all their late exorbitant proceedings , in ejecting the majority of their faithfull fellow members , in whom the people most confided , and for their mispence of the kingdoms treasure ; and no longer to trust those with their purses , liberties , safetie , who dare not now to confide in them , and would rather commit the safeguard of the kingdom to mercenary , indigent souldiers , than to those gentlemen , free-holders , citizens , burgesses , and persons of estate who elected them , whose trustees , servants , and attorneys only they professe themselves , and who have greatest interest both in them and the kingdoms weal , and are those who must pay these mercinaries , if continued . 3. the gentlemen and free-men of england have very little reason any longer to trust the army with the kingdoms , parliaments , or their own liberties , laws , and privileges safeguard , which they have so oft invaded ; professing now , * that they did not fight to preserve the kingdom , king , parliament , laws , liberties and properties of the subject ; but to conquer and pull them down , and make us conquered slaves instead of froe-men : averring , all is theirs by conquest ( which is as much as the king and his cavaliers , or any forein enemy could or durst have affirmed , had they conquered us by battel : ) and if so , then this army is not , cannot be upheld and maintained for the kingdoms and peoples common good and safety , but their enslaving , destruction , and the mere support of the usurped power , authority , offices , wealth and absolute domination only of those generals , officers , junctoes , ( as we have found by sad experience ) who have exalted themselves for the present , above king , parliament , kingdoms , laws , liberties , and those who did entrust them , by the help of this trus●breaking army , who have * lost and stained all the glory of their former noble victories and heroick actions , by their late degenerate unworthy treacheries , practices , and a●e become a reproach to the profession of a souldier , the protestant religion , and the english nation in all christian kingdoms and churches . the second end of this heavy tax of april 7. 1649. is the support and maintenance of the forces in ireland , for which there was only twenty thousand pounds a month formerly allowed , now mounted unto thirty thousand . to which i answer in the first place , that it is apparent by the printed statutes of 25 e. 1. c. 6. 1 e. 3. c. 5 , 7. 18 ed. 3. c. 7. 25 ed. 3. c. 8. 4 h. 4. c. 13. cooks 2. institutes , p. 528. and the protestation of all the commons of england in the parliaments of 1 hen. 5. num . 17. and 7 h. 5. num . 9. that no free-man of england ought to be compelled to go in person , or to pay any tax for or toward the maintenance of any forein war in ireland , or any other parts beyond the sea , without their free consents in full parliament . and therefore this tax to maintain souldiers and the war in ireland ( neither imposed in parliament , much lesse in a full and free one , as i have proved ) must needs be illegal , and no waies obligatory to me , or any other . 2. most of the antient forces in ireland ( as the british army , scots and inchiqueen's , towards whose support the twenty thousand pounds a month was designed ) have been long since declared rebels , traytors , revolters , and are not to share in this contribution : and those now pretending for ireland , being members of the present army , and to be paid out of that establishment , there is no ground at all to augment , but to decrease this former monthly tax for ireland , over what it was before . 3. many of those now pretending for ireland , have been the greatest obstructers of its relief heretofore : and many of those designed for this service by lot , have in words , writing and print protested they never intend to go thither , and disswade others from going , yet take free-quarter on the country and pay too under that pretext . and to force the country to pay contribution and give free quarter to such cheaters and impostors , who never intend this service , is both unjust and dishonourable . 4. if the relief of ireland be now really intended , it is not upon the first , just and pious grounds , to preserve the protestant party there from the forces of the bloodie , popish , irish rebels , with whom ( if report be true ) these sitting anti-monarchists seek and * hold correspondence , and are now actually accorded with owen roe-oneal , and his party of bloudiest papists ( declaring for their new iesuitical common-wealth , and joyning with them in an offensive and defensive war , against the king and kingship : ) but to oppose the kings interest and title to that kingdom ( * setled on him , his heirs and successors for ever by an express act of parliament made in ireland , 23 h. 8. c. 1. and by the statute of 1 jac. c. 1. made in england , yet unrepealed , ) and the protestant remaining party there , adhering to , and proclaiming , acknowledging him for their soveraign ; lest his gaining of ireland should prove fatal to their usurped soveraigntie in england , or conduce to his enthroning here : and by what authority those now sitting can impose , or with what conscience any loyal subject who hath taken the oaths of supremacy , allegiance , and covenant , can voluntarily pay any contributions to deprive the king of his hereditary right , and undoubted title to the kingdoms and crowns of england and ireland , and alter the frame of the antient government and parliaments of our kingdoms , * remonstrated so often against by both houses , and adjudged high treason in canterburies and straffirds cases , for which they were beheaded ; and by themselves in the kings own case , ( whom they decolled likewise ) without incurring the guilt of perjury and danger of high treason , to the loss of his life and estate , by the very laws and statutes yet in force , transcends my understanding to conceive : wherefore i neither can , nor dare in conscience , law , or prudence , submit to this contribution . the 3d. end of this tax , ( and more particularly of this new tax of jan 26. 1659. of one hundred thousand pound the month for 6 months space , after a former tax levied before hand for the self-same months ) is the maintenance of the armies and navyes raised , and continued for the defence of the twice dissipated anti-parliamentarie conventicle , and their utopian common-wealth , and the necessary and urgent occasions thereof , now propounded and insisted on by the sitting members , as the only means of peace and settlement both in church and state : when as in truth it hath been , is and will be the onlie means of unsettlement , and new divisions , wars , oppressions , confusions in both , to their utter ruine and desolation if pursued . which i shall evidence beyond contradiction . 1. this project to metamorphoze our antient hereditary famous , flourishing kingdom into an helvetian and vtopian common-wealth , by popular tumults , rebellion , and a prevalent party in parliament , was originally contrived by father parsons , and other jesuites in spain in the year of our lord 1590. recommended by them to the king of spain to pursue , and was principally to be effected by jesuites , to destroy and subvert our protestant monarchs , kingdoms , and subject them to the tyranny and vassallage of the jesuites , and spaniards , as you may read at large in william watson his quodlibets , printed 1602. p. 92 , 94 , 25 , 286 , 389 , 310 , 330 , 332 , 333 , 334 , 322 , 323 , in his dialogue between a secular priest and a lay gentleman , printed at rhemes , 1601. and in william clarke ( both secular priests ) his answer to father parsons libel , p. 75 , 76 , &c. 2ly . after this it was particularly and by name recommended by thomas campanella ( an italian monk , and arch-machivilian ) to the king of spain , in the year 1600. as the principal means to sow the seeds of divisions and dissentions amongst the english themselves , and to engage england , scotland and ireland in inextricable wars against each other , to divert the english from the indies , and his plate fleet , and reduce them under his universal temporal and the popes spiritual monarchy at last ; as you may read at large in his book de monarchia hispanica , c. 25. now translated into english . 3ly . it was again set on foot and vigorously prosecuted by the jesuites and cardinal richelien of france , in the years 1639 , & 1640. as you may read in my romes master-piece , and epistle to a seasonable legal and historical vindication , &c. of the good old fundamental liberties , laws , &c. of all english freemen , printed 1655. and specially recommended to the french king , and cardinal mazarin his successor at his death , anno 1642. vigorously to pursue , and accomplish by the civil wars raised between scotland and england , and the late king and parliament ; as a historia conte de galeazzo gualdo priorato , part 3. venotiis , 1648. p. 175 , 176. and was accordingly prosecuted by the spanish and french agents , and the jesuites and popish priests , and their seduced proselytes of the juncto and army , as i evidenced at large in my speech , dee . 4. 1648. and the appendix to it ; my soresaid epistle , and true and perfect narrative , may 1659. by evidences past all contradiction . 4ly . it is evident , that the jesuites , and jesuited papists in england , scotland and ireland , with all the b sectarian party of anabaptists , quakers enthisiasts , and sectaries of all sorts ( headed by disguised jesuites , monks , fryers , and popish priests ▪ ) have been the chiefest sticklers of all others for this new projected commonwealth against the king and monarchy , and the only means to extirpate our established protestant ministry , with their maintenance , tithes , glebes , and embroyl us in endless confusions and revolutions of governments , wars , distractions , till we be beggered , destroyed , and made a prey to our forein enemies . 5ly . the king of spain , was the first of all forein kings and states , who owned , cou●ted and ent●ed into a league of amity with our new common-wealth after the kings beheading , as a creature of his own , in opposition to our king and kingship , and engaged us in a war against the dutch , to make himself monarch over us both , according to campanella his advice , de monarchia hisp. c. 25 , & 27. which our republicans punctuallie pursued from 1649 , till 1653. almost to the ruine of us both , by the spaniards gold and policie . 6ly . that the french cardinal mazarin , and other popish kings and states , complyed and confederated with our republicans and late protectors , in opposition to our hereditary protestant king and kingship , purposely to ruine us and our religion at home , and the protestant churches abroad , engaged by their policies in unchristian wars against each other . 7ly . that we have all visibly seen and sensibly felt by twelve years wofull experiment , that this jesuitical project and chymera of a free-state and common-wealth , was propounded by the c army-officers , and the sitting juncto , as the only means of our present and future peace and settlement , both in nov. 1647 , 1648 , 1649. and yet it hath proved ( as i then predicted in my speech and memento ) a perpetual seminarie of new wars , tumults , combustions , changes , revolutions of government , and governours , anti-parliamentarie conventicles , factions , schisms , sects , heresies , confusions , and endlesse taxes , oppressions , ataxies ever since ; both in church , state , court and camp , almost to our inevitable destruction ; and of necessity it will and must do so still . and is it not then a worse than bedlam follie and frenzie for our anti-parliamentarie juncto , swordmen , and republicans , to enforce and impose it on us by mere armed violence against our judgements , reasons , consciences , experiments , and compel us to maintain armies and navies by this new insupportable tax , to set up this romish babel , which hath been , is , and will be the most certain remora and obstacle of our peace and settlement , and most apparent jesuitical , romish , spanish engin , to create more and greater confusions , distractions than before , and effect our inevitable destruction both as men and protestants ? 8ly . that this pretence of erecting a common-wealth was first pretended by cromwell , and carried on with specious pretexts to blind the credulous people , onlie to make way for his own tyrannical and ambitious usurpation of a more than regal and monarchical power over our kingdoms , and settle it on himself and his posteritie in conclusion ; which he effected by degrees . and what intelligent person discerns not the self-same design now couched under it , in other ambitious grandees now in power , most eagerly crying up a free-state and common-wealth upon the same account ? 9ly . the anti-parliamentary , unchristian , atheistical , if not diabolical means , by which this utopian republick was at first endeavoured to be erected , established , and now again re-edified , must needs draw down the full vials of gods wrath and furie upon it , and all its projectors , and our 3. nations too , if they voluntarily submit unto it . it was first ushered in by ambitious , treacherous , perjurious , rebellious army-officers , seduced by romish emissaries , and their confederates in the commons house , forcibly secluding , securring , and ejecting the majoritie of their fellow-members , ( 4. parts of 5. at least ) only for their vote , to proceed to settle the peace of the kingdom , upon the kings concessions , after 7. years intestine wars : by the close imprisonment of sundry of them in remote castles for divers years without examination , hearing , or cause expressed ; by their suppressing & voting down the whole house of lords , without hearing or impeachment , over whom they had no jurisdiction : by murdering their protestant king in a strange court of highest injustice ; by exiling and disinheriting his royal issue , and right heir to the crown , to make way for their own usurpation of soveraign power ; by subverting the fundamental government of the kingdom , and the constitution , rights , privileges of english , scotish , irish parliaments , and their members : by seising upon , disposing and dissipating all the crown lands , revenues , customs , forts , forces , navies of our three kingdoms : by imprisoning , disinheriting , sequest●ing , exiling , destroying , murdering manie thousands of their protestant brethren and allyes of england , scotland , ireland , holland , merely for their loyalty and allegianee : by keeping a perpetual army to over-awe our 3. nations as conquered vassals , bond-slaves , and governing them by armed lust , tyrannie , militarie committees , high courts of justice , major generals , and fleying off their verie skins : by giving a boundlesse libertie to all religions , sects , heresies , blasphemies , jusque datum se●leri , &c. against all laws of god and man , the fundamental laws , statutes , liberties , franchises of the realm , the oaths of homage , fealty , supremacy , allegiance , the protestations , vows , solemn league and covenant , they had frequently taken themselves , and prescribed to others ; yea against many hundreds of votes , orders , ordinances , acts , declarations , remonstrances they had successively made and published to the world , and all sorts of civil and sacred obligations to god , their king , country , the trusts reposed in them by their indentures and commissions as members or souldiers , by exercising a more lawlesse tyranny , and boundlesse military power , than the worst of all our kings in any age : & exacting vaster sums of mony srō the exhausted people in lesse than 10. years space , than all our kings since the norman conquest . and it now carried on again ( after so many sodain , strange & admirable demonstrations of gods indignation against our new babel-builders and their posterities , by his various and successive providences beyond all human apprehensions ) by the self-same violent , exorbitant , unrighteous courses , unbeseeming englishmen or christians ; and now by re-excluding and ejecting all the old secured and secluded members by armed force and injurious votes , without accusation , hearing , crime or impeachment , against all rules of law , justice , and parliamentarie presidents , and of the whole house of lords , against the expresse letter of the act by which they pretend to fit : by bidding open defiance to the addresses and desires of the generality of the nobility , gentry , ministry , freeholders , commoners , citizens , burgesses of most counties , cities and boroughs of england , declaring for a free-parliament , or restitution of all the secluded members ; by imprisoning some * gentlemen & souldiers of quality , for delivering such addresses to their speaker ; by putting far higher affronts and force upon the city and common-council of london , after all their former obligations to them , than ever they received from the worst of our kings in any age , before the least hearing or legal conviction of them as delinquents ; by moving in the house , that all who have declared or made addresses for a free parliament , shall be disabled to elect or be elected members : by taking away the peoples freedoms of election , by prescribing new illegal qualifications ( against * all laws and statutes concerning elections and all forms of antient writs ) both for the persons electing and to be elected to recruit their empty house , of which themselves alone ( not the people ) will be the only judges before they shall be admitted when chosen : whereby they will ( like cromwell , and his council of state ) keep out any the people shall elect , that is not of their confederacy , and admit none but when and whom they please , to perpetuate the parliamentary power , and all places of trust and gain in themselves and their creatures . and because few or none but novices shall sit amongst them in parliamentarie affairs , ( whom they can easily over-reach and rule at their pleasure , being strangers to each other , and parliament proceedings ) they have voted out all the old secluded members ( though twice their number ) and disabled them to be new elected ; or if elected to be re-admitted , unless they will fully submit to the test of their new * qualifications and engagements . which will re-seclude all or most of them , if elected , and prove fatal to the peoples freedom in their elections , and to all parliaments and members in succeeding ages , if submitted to . for if a combined majority of the commons house , who have violated all their primitive oaths , trusts , protestations , covenants , remonstrances , declarations , and so * disabled , and disfranchised themselves from sitting any more as members , or the peoples trustees , may without any new election at all by the people , after their renuntiation and nulling of their first elections , by destroying , and engaging against , that regal power , by which they were first elected , and sitting only by power of the sword , without any qualifications prescribed to themselves ( which they impose on others , and would seclude most of them from being electors or elected members ) having gotten forcible possession of the commons house by armed tyranny and usurpation , after so many declarations , and bloody wars for the defence of the privileges , rights and members of parliament , shall be quietly permitted without any legal impeachment , hearing , tryal , or cause alleged ( but only for one just single vote , decemb. 4. 1648. carryed in a full house after long debate , without any division ) forcibly to seclude and vote out the greatest part of their fellow-members of greatest integritie , interest , ability and faithfulness to the publick , against all rules of law , justice , and parliamentarie proceedings , and their electors wills ; and by new heterogeneal writs derived from another power , and varying in form , from those by which themselves were chosen , to enforce whole counties , cities , and boroughs to elect new knights , citizens and burgesses , to recruit their empty house , upon such pernicious qualifications and engagements as themselves prescribe both to the electors and members to be elected ; ( of which themselves will be the only judges , ere they admit them to sit when chosen ) on purpose to carry on their own private designs , and force what government they please upon the people , against their publick interest , and desires , to perpetuate our confusions , oppressions , unsettlements , and to disable whom they please to elect or be elected , without any publick opposition by the secluded members and people then endeavoured ; then farewell parliaments , laws and liberties for ever . fourthly , the coercive power , and manner of levying this contribution , expressed in the act , is against the law of the land , and libertie of the subject , which is threefold . first , distresse and sale of the goods of those who refuse to pay it ; with power to break open their houses ( which are their castles ) doors , chests , &c. to distrain ; which is against magna chart. c. 29. the petition of right , 3 car. the votes of both houses in the case of shipmony , 1 r. 2. c. 3. and the resolution of our judges and law-books , 13 edw. 4 9. 20 e. 4. 6. cook 5 report , f. 91 , 92. semains case , and 4 inst. p. 176 , 177. secondly , imprisonment of the bodie of the party till he pay the contribution ; which is contrarie to magna charta , c. 29. the petition of right , the resolution of both houses in the parliament of 3 caroli , in the case of loans ; and 17 caroli , in the case of shipmony , the judgement of our judges and law-books , collected by sir edward cook in his 2 inst. p. 46 , &c. the statute of 2 h. 4 ▪ rot . parl. n. 6. 16 car. c. 1 , 8 , 10 , 12 , 14 , 20. most expresse in point . thirdly , levying of the contribution by souldiers and force of arms , in case of resistance , and imprisoning the person by like force , adjudged high treason , in the case of the earl of trafford , and a levying of war within the statute of 25 ed. 3. by the last parliament , for which he lost his head : and proved to be high treason , at large by master st. john , in his argument at law at the passing the bill for his attainder , printed by order of the commons house . fourthly , ( which heightens the illegality of these illegal means of levying it ) if any person whose goods are distrained , or person imprisoned for these illegal caxes , shall bring his action at law , or an habeas corpus for his relief , or action of false imprisonment , as he may justly do , not onely those who now stile themselves judges , forgetting the cases of judge thorp , tresilian , and others , of old , and the impeachments of the late shipmony judges in the beginning of this parliament , with mr. st. johns speech and declaration against them , worthy their perusal , will deny , or delay to right and release them ; ( for which they deserve thorps and tresilians punishments ) but if these fail them , at least wise the new illegal committee of indempnity will stay his legal proceedings , award costs against him , commit him anew till he pay them , and release his sut es at law , and upon an habeas corpus their own sworn judges ( created by them , without any oath to do equal justice , &c. to all : but onely to be true and faithfull to their new ere●ted state , and sitting amongst them as members ) dare not bail , but remaund him against law ; an oppression and tyranny far exceeding the worst of the beheaded kings ; under whom the subjects had free-liberty to sue and proceed at law , both in the cases of loans , shipmony and knighthood , without any council-table , or committee of indempnity , to stop their sutes , or force them to release them ; and therefore in all these respects ( so repugnant to the laws and liberty of the subject ) i cannot submit to these illegal taxes , but oppugn them to the uttermost , as the most destructive to our laws and libertie , that ever were . fifthly , the time of the imposing of this illegal tax , with these unlawfull wayes of levying it , is very confiderable , and sticks much with me ; it is ( as the imposers of it declare and publish in many of their new kind of acts and devices ) in the first year of englands liberty , and redemption from thraldom , & this last after its new revival after 6. years interruption and inter-regnum by oliver & his son richard . and if this unsupportable tax , thus illegally to be levied , be the first frui●s of our first years freedome and redemption from thraldom , as they stile it ; how great may we expect our next years thraldom will be , when this little finger of theirs is heavier by far than the kings whole loins , whom they beheaded for tyranny and oppression ? 6ly . the order of this ( first ) tax ( if i may so term a disorder ) or rather newn●ss of it , engageth me , and all lovers of their countries liberty , unanimously to withstand the same . it is the first , i find , that was ever imposed by any who had been members of the commons house after a parliament dissolved , the lords house voted down , and most of their fellow commoners secured or secluded by their connivance or confederacy with an undutifull army at first : and this latter , the first doubled tax upon the people , for the very moneths they advanced , & ● aid in beforehand , by the expresse command and orders of the sitting members , to exclude the secluded ones , not only out of the house it self , but lobby too , into which the meanest footboyes , and porters have free accesse . which if submitted to , and not opposed as illegal , not onely the king , or lords alone without the commons , but any forty or fifty commoners , who have been members of a parliament , gaining forces to assist and countenance them , may out of parliament , now , or any time hereafter , do the like , and impose what taxes and laws they please upon the kingdom , and the secluded lords and commons that once sate with them , and on scotland , and ireland too , being encouraged thereto by such an unopposed president . which being of so dangerous consequence and example to the constitution and privileges of parliament , and liberties of the people , we ought all to endeavour the crushing of this new coc●atrice in the shell , lest it grow up to a fiery serpent , to consume and sting us to death , and induce the imposers of it , to l●de us with new and heavier taxes of this kind , when these expire ( which we must expect , when all the kings , bishops , deans and chapters lands are shared amongst them , sold and spent as they will quickl● be ) if we patientlie submit to this leading decoy : since q binus actus inducit consuetudinem ; as our ancestors resolved , auno 1240. in the case of an unusual tax demanded by the pope● whereupon they all unanimously opposed it at first ; r opprime dum nova sunt subiti mala semina morbi : principiis oqsta ; serò medicina paratur cum mala per longas invaluêre mora● . b●ing the safest rule of state-physick we can follow in such new diseases , which endanger the whole body-politick . upon which grounds the most conscientious gentlemen and best patriots of their countrey opposed loans , shipmouy , tonnage , poundage , knighthood , and the late illegal impositions of the king and his councel in the very beginnings of them , and thought themselves bound in conscience , law , prudence so to do , though there were some colourable reasons and precedents of former times pretended to countenance them . and if thefe worthies conceived themselves thus obliged to oppose those illegal impositions of the king and his councel , though countenanced by some judges opinions as iegal , to their immortal honour , and high esteem both in countrey and parliament , who applauded them as the * principal maintainers of their countries liberties ; then much more ought i , and all other tenderes of their own and countries freedom , to oppose this illegal dangerous contribution imposed on us by a few of our fellow subjects only , without , yea against all law or president to countenance it , being of greater consequence and worser example to the kingdom , than all or any of the kings illegal projects or taxes . seventhly , the excessiveness of this tax , much raised and encreased , when we are so much exhausted , and were promised and expected ease from taxes , both by the army in their remonstrance november 20. 1648. and by the * imposers of it , ( amounting to a sixth part , if not a moyety of most mens estates ) is a deep engagement for me to oppose it ; since taxes , as well as s fines and amerciaments , ought to be reasonable ; so as men may support themselves and their families , and not be undone , as many will be by this , if forced to pay it by distress or imprisonment . upon this ground , in the parliament petitions of 1 edward the third , we find divers freed from payment of tenths , and other taxes lawfully imposed by parliament , because the people were impoverished and undone by the wars , who ought to pay them . and in the printed statutes of 31 henr. 6. c. 8. 1 mariae c. 17 to omit others , we find subsidies mitigated and released by subsequent acts of parliament , though granted by p●ecedent , by reason of the peoples poverty and inability to pay them . yea sometimes we read of something granted them by the king , by way of aid , to help pay their subsidies , as in 25 edward 3. rastal tax 9. and 36. ed. 3 c. 14. and for a direct president in point : when t peter rubie the pope's legat in the year 1240. exacted an excessive unusual tax from the english clergy ; the whole clergy of berkshire ( and others ) did all and every of them unanimously withstand it , tendring him divers reasons in writing of their refusal , pertinent to our time and present tax ; whereof this was one , that the re●venues of their churches scarce sufficed to find them daily food , both in regard of their smalness , and of the present dearth of their corn , and because there were such multitudes of poor people to relieve , some of which died of famin , so as they had not enough to suffice themselves and the poor ; whereupon they ought not to be compelled to any such contribution : which many of our clergy may now likewise plead most truly , whose livings are small and their tithes detained ; and divers people of all ranks and callings too , who must sell their stocks , beds , and their houshold ▪ stuff , or rot in prison , if forced to pay it . eighthly , the principal inducement to bring on the payment of this tax , is a promise of taking off the all-devouring and undoing grievance of free-quarter : which hath ruined many countries and families , and yet they must pay this heavy tax to be eased of it for the future , instead of being paid and allowed for what is already past , according to u former engagements ; and yet free-quarter is still taken . against which i have these just exceptions . 1. that the taking of free-quarter by souldiers in mens houses , is a grievance against the very common law it self , which defines every mans house to be his castle and sanctuary , into which none ought forcibly to enter against his will ; and which , with his goods therein , he may lawfully x fortifie and defend against all intruders whatsoever , and kill them without any danger of law : against all the statutes concerning y purveyers , which prohibit the taking of any mens goods or provisions against their wills , or payment for them , under pain of felony , though by commission under the great seal of england . against the expresse letter and provision of the petition of right , 3 caroli . condemned by the commons house in their z declaration of the state of the kingdom of the 15. december , 1641. and charged as an article against king richard the second when deposed , in the parliament of 1 h. 4. nu . 22. yea , it is such a grievance , as exposeth our houses , goods , provisions , monies , servants , children , wives , lives , and all other earthly comforts we enjoy , to the lusts and pleasure of every domineering officer , and unruly common souldier : therefore absolutely to be abolished without any compensation : and to impose an unjust , heavy tax , and induce people to pay it upon hopes of freeing them from free-quarter , is but to impose one grievance to remove another . 2. there have been many former promises , declarations and orders of both houses , and the general , for taking off free-quarter , upon the peoples paying in their contributions before hand , and then non● should afterward free quarter on them , under pain of death : yet no sooner have they paied in their contributions , but they have been free-quartered on as much or more than formerly : the souldiers , when we tell them of any orders against free quarter , slighting them as so many waste papers , and carrying themselves more unruly : and when complaint thereof hath been made to the officers , members , or the committee for the army , or in the house ; answer hath still been made , that as long as there is an army on foot , there will be free-quarter taken , and there can be no prevention of it , there being a necessity for it : and when any have craved allowance of it , they have found so many put offs and delaies , and such difficulties in obtaining it , that their expences have equalled their allowance ; and after allowances made , the monies allowed have been called for again . so as few have had any allowance for quarters , and most have given over suing for t●e● , being put to play an after-game , to sue for them after all their contributions first paid , and not permitted to deduct them out of their contributions , as in justice and reason they ought , which they are still enforced to pay without deduction . this pretext therefore of taking away free-quarter , is but a shoo-horn to draw on the payment of this tax , and a fair pretext to delude the people , as they find by sad experience every where , and in the county and hundred where i resid● . for , not to look back to the last years free-quarter taken on us ( though we duly paid our contributions ) in april and may last past , since this very tax imposed for taking away free-quarter , colonel harrisons troopers under the command of captain spencer , ( who quartered six daies together in a place , and exacted and received most of them 3 s. others 3 s. 6 d. and the least 2 s. 6 d. a day for their quarters , telling their landlords , that their lands , and the whole kingdom was theirs ) have put bathwick , bathford , claverton , combe , hampton , soust●ck , walcot and widcombe , small parishes in our hundred and libertle , as they will prove upon oath , and given it me under their hands , to 94 li. 4 s. 3 d. charge ; beside their quarters in other parishes of the hundred . sir hard●esse wallers souldiers , upon pretext of collecting arrears of contribution not due from the hundred , put it to at least 30 li. charge more for free-quarter , they being very rude and disorderly ; and no sooner were we quit of them , but on the 22. and 23. of may last , col , hunks his foot under the conduct of captain flower and captain eliot , pretending for ireland , but professing they never intended to go thither , marching from minehead and dunster ( the next western ports to ireland ) surther from it , to oppresse the country , put bathwick , langridge , wolly , batheaston , katherin and ford to 28. li. 7 s. and swainswick ( where i live ) to about 20 li expences for two daies free-quarter ( by colour of the generals order dated the first of may ) being the rudest and deboislest in all kinds , that ever quartered since the wars , and far worse than the worst of goring's men , whereof some of them were the dreggs , and their captain flower , a cavalier heretofore in arms ( as i● reported ) against the parliament . their carriage in all places was very rude , to extort money from the people , drawing out their swo●ds , ransacking their houses , beating and threatning to kill them , if they would not give them two shillings six pence , three shillings , three shillings six pence , or at least two shillings a day for their quarters , which when extorted from some , they took free-quarter upon others , taking two , three , and some four quarters a man : at my house they were most exorbitant , having ( as their quarter-master told me , who affirmed to me they had twice conquered the kingdom , and all was theirs ) directions from some great ones above , from some others in the country ( intimating some of the committee ) and their own officers ( who absented themselves purposely , that the souldiers might have none to controul them ) to abuse me . in pursuance whereof , some thirty of them coming to my house , shouting and hollowing in a rude manner on may 22. when their billet was but for twenty , not shewing any authority , but only a ticket , [ mr. prynne — 20. ] climbed over my walls , forced my doors , beat my servants and workmen without any provocation , drew their swords upon me , ( who demanded whose souldiers they were ? by what authority they demanded free-quarter , my house being neither inne , nor ale house ? and free-quarter against law , orders of parliament , and the generals ) using many high provoking speeches , brake som of my windows open , forced my strong-beer cellar-door , and took the key from my servant , ransacked some of my chambers under pretext to search for arms , taking away my servants clothes , shirts , stockings , bands , cuffs , handkerchiefs , and picking the money out of one of their pockets ; hollowed , roared , stamped , beat the tables with their swords and muskets like so many bedlams , swearing , cursing , and blaspheming at every word ; brake the tankards , bottles , cups , dishes wherein they fetched strong beer , against the ground , abused my maid servants , throwing beef and other good provisions at their heads , and casting it to the dogs , as no fit meat for souldiers , and the heads and conquerors of the kingdom , as they called themselves ; searched the out-houses for turkies , which they took from their eggs and young ones , veal and mutton being not good enough for them : they continued drinking and roaring before , at and aftor supper , till most of them were mad-drunk , and some of them dead drunk under the table . then they must have fourteen beds provided for them ( for they would lie but two in a bed ) and all their linnen washed : my sister answering them , that there were not so many spare beds in the house , and that they must be content as other souldiers had been , with such beds as could be spared ; they thereupon threatned to force open her chamber door , and to pull her and her children out of their beds , unlesse she would give them three shillings a piece for their beds , and next dayes quarters ; and at last forced her for fear of their violence ( being all drunk ) to give them eighteen pence a piece , assoon as they were forth of doors , and six pence a piece the next day , if they marched not ; whereupon they promised to trouble the house no more . upon this agreement all but eight ( who were gone to bed ) departed that night , and the rest the next morning . but i going to the lecture at bath , some thirty of them , ● my absence , came about ten of the clock , notwithstanding the monies received of my sister for their quarters , re-entred the house , and would have quarters again , unless she would give them three shillings a piece ; which she refusing , they thereupon abused and beat the servants and workmen , forced them to drink with them all that day and night , swearing , cursing , roaring like so many devils , brake open my parlour , milk-house , & garden-doors , abused my pictures and brake an hole in one of them ; hacked my table-boards with their swords from one end to the other , threw the chairs , stools , meat , drink about the house ; assaulted my sister , and her little children and maid servants with their naked swords threatning to kill them , and kick them to gelly , shot at them with their musquets , and forced them out of the house to save themselves : wch i hearing of , repaired to my house , and finding them all so bedlam mad , that they would not hearken to any reason , nor be quieted , thereupon rode to seek their captain and officers at bath , who purposely absented themselves , and not finding them till the next morning , i acquainted the captain then by speech ( as i had done the first night by letter ) with all these unsufferable outrages of the sould●ers ( contrary to the generals order to carry themselves civilly in their quarters , and abuse none in word or deed ) which would render him and them odious not only to the countrie and kingdom , but to all officers and souldiers who had any civilitie in them , and be a disparagement to the general , by whose proclamation he ought to be present with his company , to keep them in good order , under pain of cashiering : and therefore i expected and required justice and reparations at his hands ; the rather , because i was informed by some of his own souldiers and others , that they had not been so barbarouslie rude , but by his incouragement ; which if he refused , i should complain of him to his superiours , and right my self the best way i might . after some expostulations , he promised to make them examples , and cashier them ; and to remove them forthwith from my house : but the only right i had , was , that more of his company repaired thither , making all the spoil they could , and taking away some brasse and pewter , continued there till near four of the clock ; and then marched away only out of fear i would raise the country upon them ; many of whom profered me their assistance : but i desired them to forbear till i saw what their officers would do ; who instead of punishing any of them , permitted them to play the like rex almost in other places where they quartered since , marching but three or four miles a day , and extorting what monies they could from the country by their violence and disorders . now , for me , or any others to give monies to maintain such deboist bedlams and beasts as these ( who boasted of their villanies , and that they had done me at least twenty pounds spoil in beer and provisions , drinking out five barrels of good strong beer , and wasting as much meat as would have served an hundred civil persons ) to be masters of our houses , goods , servants , lives , and all we have , to ride over our heads like our lords and conquerors , and take free-quarter on us , amounting to at least a full years contribution , without any allowance for it , and that since the last orders against free-quarter , and warrants issued for paying in this tax , to prevent it for the future ; is so far against my reason , judgement and conscience , that i would rather give all away to suppresse , discard them , or cast it into the fire , than maintain such gracelesse wretches with it , to dishonour god , enslave , consume , ruine the country and kingdom ; who every where complain of the like insolencies ; and of taking free-quarter since the ninth of june , as above two hundred of colonel cox his men did in bath the last lords day ; who drew up in a body about the maiors house , and threatned to s●ise and carry him away for denying to give them free-quarter , contrary to the new act for abolishing it . lastly , this pr●tended act implies , that those who refuse to pay this contribution without distresse or imprisonment shall be still oppressed with free-quarter ; and what an height of oppression and injustice this will prove , not only to distrain and imprison those who cannot in conscience , law or prudence submit to this illegal tax , but likewise to undo them , by exposing them to free-quarter , which themselves condemn as the highest pest and oppression , let all sober men consider ; and what reason i and others have to oppose such a dangerous , destructive president in its first appearing to the world . in few words ; as long as we keep an army on foot , we must never expect to be exempted from free-quarter or wars ; or to enjoy any peace or settlement : and as long as we will submit to pay contributions to support an army , we shall be certain our new lords and governors will continue an army to over-awe and enslave us to their wils . therefore the only way to avoid free-quarter , and the cost and trouble of an army , and settle peace , is to deny all future contributions . ninthly , the principal end of imposing this tax to maintain the army and forces now raised , is not the defence and safety of our ancient and first christian kingdom of england , its parliaments , laws , liberties and religion , as at first ; but to disinherit the king of the crown of engl. sootl . and irel. ( to which he hath an undoubted right by the laws of god and man ; as the parliament of 1 jacob . ch. ● . resolves ) and to levy war against him , to deprive him of it : to subvert the antient monarchical government of this realm , under which our ancestors have alwaies lived and flourished , to set up a new-republick , the oppressions : and grievances whereof we have already felt ( by increasing our taxes , setting up arbitrary courts and proceedings to the taking away the lives of the late king , peers , and other subjects , against the fundamental laws of the land , creating new monstrous treasons never heard of in the world before , and the like ; ) but cannot yet enjoy and discern the least ease or advantage by it : to overthrow the antient constitution of the parliament of england , consisting of king , lords , and commons , and the rights and privileges thereof : to alter the fundamental laws , seals , courts of justice of the realm , and introduce an arbitrary government at least , if not tyrannical , contrary to our laws , oaths , covenant , protestation , a publick remonstrances and engagements to the kingdom and forein states , not to change the government , or attempt any of the premises . all which being no lesse than high treason by the laws & statutes of the realm , as sir e. cook in his * inst. & mr. st. john in his argument at law , upon passing the bill of attainder of the e. of strafford ( both printed by the commons special order ) have proved at large by many presidents , reasons , records ; and so adjudged by the last parliament in the cases of strafford and * canterbury , who were condemned and executed as traytors by judgement of parliament , and some of those now sitting , but for some of these treasons upon obscurer evidences of guilt , than are now visible in others , i cannot without incurring the crime and guilt of these several high treasons , and the eternal , if not temporal punishments incident thereunto , voluntarily contribute so much as one penny or farthing towards such treasonable and disloyal ends as these , against my conscience , law , loyalty , duty , and all my oaths , covenants and obligations to the contrary . tenthly , the payment of this tax for the premised purposes , will ( in my poor judgement and conscience ) be offensive to god and all good men , scandalous to the protestant religion , dishonourable to our english nation , and disadvantagious and destructive to our whole kingdom , hindering the speedy settlement of our peace , the re-establishment of our king , laws , the revival of our decayed trade , by renewing and perpetuating our bloody uncivil wars ; engaging scotland & ireland , with forein princes and kingdoms in a just war against us , to avenge the death of our late beheaded king , the dis-inheriting of his posterity , and to restore his lawfull heirs and successors to their just , undoubted rights , from which they are now forcibly secluded ; who will undoubtedly molest us with continual wars ( what-ever some may fondly conceit to the contrary ) till they be setled in the throne in peace upon just and honourable terms , and invested in their just possessions . which were far more safe , honourable , just , prudent , and christian for our whole 3. kingdoms voluntarily and speedily to do themselves , than to be forced to it at last by any forein forces ; the sad consequences whereof we may easily conjecture , and have cause enough to fear , if we now delay it , or still contribute to maintain armies to oppose their titles , and protect the invaders of them from publick justice . and therefore i can neither in conscience , piety nor prudence , ensnare my self in the guilt of all these dangerous treasonable consequences , by any submission to this illegal tax . upon all these weighty reasons , and serious grounds of conscience , law , prudence , ( which i humbly submit to the consciences and judgements of all conscientious and judicious persons , whom they do or shall concern ) i am resolved by the assistance and strength of the omnipotent god ( who hath miraculously supported me under , and carried me through all my former sufferings for the peoples publick liberties with exceeding joy , comfort , and t●e ruine of my greatest enemies and opposers ) to oppugn these unlawfull contributions , and the payment of them o● the uttermost , in all just and lawfull waies , i may ; and if any will forcibly levy them by distresse or otherwise , without and against all law or right ( as theeves and robbers take mens goods and purses ) let them do it at their own umost peril ; being declared all traytors , and to be proceeded against capitally as traytors by the junctoes own late knack and declaration . however , though i suffer at present , yet i trust god and men will in due time do me justice upon them , and award me recompence for all injuries in this kind , or any sufferings for my countries liberties . however , fall back , fall edge , i would ten thousand times rather lose my life , libertie , and all that i have , to keep a good conscience , and preserve my own and my countries native liberty , than to part with one farthing , or gain the whole world , with the losse of either of them ; and rather dye a martyr for our antient kingdom , than live a slave under any new republick , or remnant of a broken , dismembred , strange antiparliamental house of commons , without king , lords , or the major part of the knights , citizens and burgesses of the realm , in being subject to their illegal taxes , and what they call acts of parliament , which in reality are no acts at all to bind me , or any other subject , in point of conscience or prudence , to obedience , or just punishment for non-obedience thereunto , or non-conformity to what they style , the present government , of the armies modeling , and i fear of the popes , spaniards , campanellaes , father parsons , and other jesuites suggesting , to effect our kings , kingdoms and religions ruine , as i have * elsewhere clearly evidenced , beyond all contradiction . psalm 26. 4 , 5. i have not sate with vain persons , neither will i go in with dissemblers : i have hated the congregation of evil doers , and will not sit with the wicked . william prynne . swainswick , june 16. 1649. finis . a postscript . since the drawing up of the precedent reasons , i have met with a printed pamphlet , intituled . an epistle written the 8th day of june . 1649. by lieut. colonel john lilbourn , to mr. william lenthal speaker to the remainder of those few knights , citizens and burgesses that col. thomas pride at his late purge thought convenient to leave sitting at westminster , ( as most fit for his and his masters designe● , to serve their ambitious and tyrannical ends , to destroy the good old laws , liberties and customes of england ( the badges of our freedom as the declaration against the king of the 7th of march 1648. p. 23. calls them ) and by force of arms to rob the people of their lives , estates , and properties ; and subject them to perfect vassallage and slavery , &c. who ( and in truth no otherwise ) pretendedly style themselves . the conservators of the peace of england , or the parliament of england intrusted and authorised by the consent of all the people thereof , whose representatives by election ( in their declaration last mentioned p. 27. they say ) they are ; although they are never able to produce one bit of law , or any piece of a commission to prove , that all the people of england , or one quarter ▪ tenth ▪ hu●dred or thousand part of them authorised thomas pride , with his regiment of souldiers to chuse them a parliament ▪ as indeed he hath de facto done by his pretended mock-parliam●nt : and therefore it cannot properly be called the nations or peoples parliame●t : but col. prides and his associates , whose really it is : who although they have beheaded the king for a tyrant , yet walk in his oppressi●g●st steps , if not worse and higher . this is the title of his epistle . in this epistle , this late great champion of the house of commons , and fitting junctoes supremacy , both before and since the kings beheading , who with his brother a a his petition and appeal , & his arrow of defiance . see mr. edwards gangrena , 3. part . p. 154. f. 204. see my 〈…〉 for the 〈…〉 to overton and their confederates , first cryed them up as , and gave them the title of , the supreme authority of the nation : the onely supreme judicatory of the land : the onely formal and legal supreme power of the parliament of england , in whom alone the power of binding the whole nation by making , altering , or abrogating laws , without either king or lords , resides , &c. and first engaged them by their pamphlets and petitions , against the king , lords , and personal treaty , ( as he and they print and boast in b● this epistle , and other late papers ) pag. 11 , 29 doth in his own and his parties behalf ( who of late so much adored them , as the onely earthly deities and saviours of the nation ) now positively assert and prove first , that c c pag. 34 , 35. commissary general ireton , colonel harrison , with other members of the house , and the general councel of officers of the army , did in several meetings and debates at windsor , immediately before their late march to london to purge the house , and after at white-hall commonly style themselves , the pretended parliament ( even before the kings beheading ) a mock parliament , a mock power , a pretended parliament , ; and no parliament at all : and that they were absolutely resolved and determined to pull up this their own parliament by the roots , and not so much as to leave a shadow of it ; yea , and had done it , if we ( say they ) and some of our then friends in the house , had not been the principal instruments to hinder them : we judging it then of two evils the least , to chuse rather to be governed by the shadow of a parliament , till we could get a real and a true one ( which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect ) then simply solely and onely by the will of sword-men , whom we had already found to be men of no very tender conscience . and do not the speaker and all lawyers and others now sitting in their own judgments and consciences , and to their friends in private , believe , say , and confess as much , that they are no parliaments ? and yet have the impudency and the insolency to sit , act , and tax , yea seclude and imprison us at their pleasures , as a real , legal and absolute parliament ? o atheisme ! o tyranny , and impiety of the worst edition ! if then these leading , swaying members of the new pretended purged commons parliament and army , deemed the parliament even before the kings beheading , a mock-parliament , a mock-power , a pretended parliament , yea , no parliament at all ; and absolutely resoved to pull it up by the roots as such , then it necessarily folows , first , that they are much more so after the kings death , and their suppression of the lords house , and purging of the commons house to the very dregs , in the opinions and consciences of those now sitting , and all other rational men . and no wayes enabled by law to impose this or any other new tax or acts upon the kingdom , or to create any new treasons , confiscations , sequestrations and penalties ; and being themselves in truth the worst and greatest of all traytors and tyrants . secondly , that these grand saints of the army and steersmen of the pretended parliament , and all gown-men confederating with them , knowingly sit , vote and act there against their own judgments and consciences , for their own private , pernicious ends . thirdly that it is a baseness , cowardize , and degeneracy beyond all expression , for any of their fellow-members now acting , to suffer these grandees in their assembly and army , to sit or vote together with them , or to enjoy any office or command in the army under them , or to impose any tax upon the people to maintain such officers , members , souldiers , who have thus vilified , affronted their pretended parliamentary authority , and thereby induced others to contemn and question it : and forcibly excluded and imprisoned the greatest part of the members and whole house of peers , in order to their own future exclusion , and as great a baseness in them and others for to pay it upon any terms . secondly he there affirms , that d d p. 26 , 27. oliver crumwel by the help of the army , at their first rebellion against the parliament , was no sooner up , but like a perfidious , base , unworthy man , &c. the house of peers were his onely white boys , and who but oliver ( who before to me had called them in effect , both tyrants and usurpers ) became their proctor , where ever he came ; yea and set his son ireton at work for them also ; insomuch that at some meetings , with some of my friends at the lord whartons lodgings , he clapt his hand upon his breast , and to this purpose , professed in the sight of god upon his conscience , that the lords had as true a right to their legislative note . and jurisdictive power over the commons , as he had to the coat upon his back , and he would procure a friend , viz. master nathaniel fiennes should argue and plead their just right with any friend i had in england . and not onely so , but did he not get the general and councel of war at windsor ( about the time that the votes of no more addresses were to pass ) to make a declaration to the whole world , declaring the legal right of the lords house , and their fixed resolution to maintain and uphold it ? which was sent by the general to the lords by sir hardresse waller : and to indear himself the more unto the lords , in whose house without all doubt he intended to have sate himself , he required me evil for good ; and became my enemy to keep me in prison , out of which i must not stirre , unless i would sloop and acknowledge , the lords jurisdiction over commoners ; and for that end he sets his agents and instruments at work to get me to do it : yet now they themselves have suppressed them . whence it is most apparent . 1. that the general , lieutenant general cromwel , col. ireton , harison , and other officers of the army now sitting as members , and over-ruling all the rest , * * see my plea for the lords and house of peers , ( yea & all other lawyers , members , sitting with them . have wittingly acted against their own knowledges , declarations , judgments , consciences , in suppressing the lords house , and depriving them of their legislative and jurisdictive right and power , by presuming to make acts , pass sentences , and impose taxes without them , or their assents in parliament , contrary to the express acts of 16 & 17 caroli . c. 1. 7 , 8 , 12 , 14 , 20. and hundreds of ordinances , remonstrances , declarations , the protestation , vow and solemn league and covenant made this parliament , by the votes of most now sitting . 2. that this tax enforced upon the commons and kingdom , for their own particular advantage , pay and enrichment , and to suppress the house of lords , is in their own judgments and conscience , both unjust and directly contrary to the laws of the realm , being not assented to by the lords : and therefore to be unanimously and strenuously opposed by all the lords and other englishmen who love their own or countries liberties , or have any nobility , or generosity in them . thirdly , he e e pag. 34. 39 , 40. 56 , 47. there asserts in positive terms in his own behalf , and his confederates ; that the purged parliament now sitting , is but a pretended parliament , a mock-parliament ; yea , and in plaine english , no parliament at all , but the shadow of a parliament . that those company of men at westminster that gave commission to the high court of justice to try and behead the king , &c. were no more a parliament by law , or representatives of the people by the rule of justice and reason , then such a company of men are a parliament or representative of the people , that a company of armed thieves choose and set apart to try , judge , condemn , hang or behead any man that they please , or can prevail over by the power of their sword , to bring before them by force of arms , to have their lives taken away by pr●tence of justice , grounded upon rules meerly flowing from their vvills and swords . that no law in england authoriseth a company of servants to punish and correct their masters , or to give a law unto them , or to throw them at their pleasure out of their power , and set themselves down in it ; which is the armies case with the parliament , especially at thomas pride's late purge , which was an absolute dissolution of the very essence and being of the house of commons ; to set up indeed a mock-povver , and a mock-parliament ; by purging out all those , that they were any way jealous of would not vote as they would have them ; and suffering and permitting none to sit but ( for the major part of them ) a company of absolute school-boys , that will , like good boys , say their lessons after them their lords and masters , and vote what they would have them : and so be a skreen betwixt them and the people , with the name of a parliament , and the shadow and imperfect image of legal and just authority , to pick their pockets for them by assesements and taxations ; and by their arbitrary and tyrannical courts and committees ( the best of which is now become a perfect . star-chamber , high commission , and councel-board ) make them their perfect slaves and vessals . with much more to this purpose . if then their principal admirers , who confederated with the army , and those now sitting , in all their late proceedings ; and cryed them up most of any , as the parliament and supreme authority of england before , at , and since the late force upon the house , and its violent purgation , do thus in print professedly disclaim them , for being any real parliament , or house of commons , to make acts or impose taxes upon the people : or set up high courts of justice to try and condemn the king , or any peers or english preemen ; the secluded lord ; members , presbyterians , royalists , and all others , have much more cause and ground to disavow and oppose their usurped parliamentary authority , and illegal taxes , acts , as not made by any true english parliament , but a mock-parliament only . fourthly , he therein further avets : f f pag. 52. 53. 56. 57. 58. 59. that the death of the king , in law indisputably dissolves this parliament , ipso facto , though it had been all the time before never so intire and unquestionable to that very hour . that no necessity can be pretended for the continuance of it ; the rather , because the men that would have it continue so long as they please , are those who have created these necessities on purpose , that by the colour thereof they may make themselves great and potent . that the main end wherfore the members of the commons house were chosen and sent thither , was , to treat and confer with king charles and the house of peers , about the great affairs of the nation , &c. and therefore are but a third part , ot third estate of that parliament , to which they were to come and joyn with , and who were legally to make permanent and binding laws for the people of the nation . and therefore having taken away two of the three estates that they were chosen on purpose to joyn with to make laws , the end both in reason and law of the peoples trust , is ceased : for a minor joyned with a major for one and the same end , cannot play lord paramount over the major , and then do what it please ; no more can the minor of a major ; viz. one estate of three , legally or justly destroy two of three , without their own assent , &c. that the house of commons sitting freely within its limited time , in all its splendor of glory , without the awe of armed men , neither in law , nor in the intention of their choosers , were a parliament ; and therefore of themselves alone have no pretence in law to alter the constitution of parliaments , &c. concluding thus : for shame let no man be so audaciously or sottishly voyd of reason , as to call tho. prides pittiful juncto a parliament , especially those that called , avowed , protested and declared again and again those to be none that sate at westminster , the 26 : 27 , &c. of july 1647. when a few of their members were scared away to the army , by a few hours tumult of a company of a few disorderly apprentices . and being no representative of the people , much less a parliament , what pretence of law , reason , justice or nature can there be for you to alter the constitution of parliaments , and force upon the people , the shew of their own wills , lusts and pleasures for laws and rules of government , made by a pretended everlasting , nulled parliament , a councel of state , or star-chamber and a councel of war , or rather by fairfax , cromwel and ireton ? now ; if their own late confederates and creatures argue thus in print against their being and continuing a parliament , their jurisdiction , proceedings , taxes , and arbitrary pleasures , should not all others much more do it , and joyntly and magnanimously oppose them to the utmost , upon the self-same grounds , for their own and the publick ease , liberty , safety settlement , and restoring the rights , priviledges , freedome , splendor of our true english parliaments ? fifthly , he there likewise affirms , g g p. 53. 54. 59. 41. that those now fiting at westminster have perverted the ends of their trusts more then ever strafford did : 1. in not ceasing the people of , ( but encreasing ) their grievances . 2. in exhausting their estates to maintain and promote pernicious designes to the peoples destruction . the king did it by a little shipmony and monopolies ; but since they began , they have raised and extorted more mony from the people and nation then half ( nay all ) the kings since the conquest ever did ; as particularly : 1 by excise , 2 contributions . 3 sequestrations of lands to an infinite value . 4 fist part . 5 twentyeth part . 6 meal-mony . 7 sale of plundered good . 8 loanes . 9 benevolences . 10 collections upon their fast days . 11 new imposittions or customes upon merchandize . 12 guards maintained upon the charge of private men . 13 fifty subsidies at one time . 14 compositions with delinquents to an infinite value . 15 sale of bishops lands . 16 sale of dean and chapters lands : and now after the wars are done , 17 sale of kings , queens , princes , dukes , and the rest of the childrens revenues . 18 sale of their rich goods which cost an infinite sum . 19 to conclude all , a taxation of ninety thousand pounds a moneth : ( since that of one hundred and twenty thousand pounds a moneth ; and lately of a whole years tax within three moneths , and now of one hundred thousand pound a a moneth , for the same six moneths they have payed their taxes , besides excise , customes , frequent new intollerable militiaes , payments to increased swa●ms of poor , sequestrations , highway money , and other charges , now all trade is utterly lost , and the three kingdomes beggar'd and undone . ) and when they have gathered it pretendingly for the common-wealths use , divide it by thousands and ten thousands a piece amongst themselves , and wipe their mouths after it , like the impudent harlot , as though they had done no evill ; and then purchase with it publick lands at smal or trivial values : o brave trustees ! that have protested before god and the world again and again in the day of their straits , they would never seek themselves , and yet besides all this , divide all the choicest and profitablest places of the kingdome among themselves . therefore when i seriously consider , how many in parliament and elsewhere of their associates ( that judge themselves the onely saints and godly men upon the earth ) that have considerable ( and some of them vast ) estates of their own inheritance , and yet take five hundred , one , two , three , four , five thousand pounds per annum salaries , and other comings in by their places , and that out of the too much exhausted treasury of the nation , when thousands not onely of the people of the world , as they call them , but also of the precious redeemed lambs of christ , are ready to starve for want of bread ; i cannot but wonder with my self , whether they have any conscience at all within them or no ; and what they think of that saying of the spirit of god , that who so hath this worlds goods , and seeth his brother hath need , and shutteth up his bowels of compassion from him ( which he absolutely doth that any wayes takes a little of his little from him ) how dwelleth the love of god in him ? 1 john 3. 17. these actions and practises are so far from being like the true and real children of the most high , that they are the highest oppression , theft and murther in the world , to rob the poor in the day of their great distress by excise , taxations , &c. to maintain their pomp , superfluities and debauchery ; when many of those from whom they take it , do perish and starve with want and hunger in the mean time , and be deaf and ad mant-hearted to all their tears , cryes , lamentations , mournful howlings , groanes . without all doubt , these pretended godly religious men , have got a degree beyond those atheists or fools , that say in their hearts , there is no god . psal. 14. 1. and 13. 1 , 3. in quite destroying the peoples essential liberties laws and and freedomes , and in leaving them no law at all ( as m. peters their grand teacher averred lately to my face we had none ) but their meer will and pleasures ; saving fellons laws , or martial law , where new butchers are both informers , parties , jury men and judges , who have had their hands imbrewed in blood for above these seven years together , having served an apprentiship to the killing of men for nothing but many , and so are more bloody than butchers that kill ●●eep and calves for their own livelyhood ; who yet by the law of england , are not permitted to be of any jury for life and death ; because they are conversant in the shedding of blood of beasts , and thereby through a habit of it may not be so tender of the blood of men , as the law of england , reason and justice would have them to be . yea , do not these men by their swords , being but servants , give what laws they please to their masters , the pretended law-makers of your house ? now constituted by as good and legal a power as he that robs and kills a man upon the high way ? and if this be the verdict of their own complices and partizans concerning them and their proceedings , especially touching their exhausting our estates by taxes , and sharing them among themselves in the time of famine and penury ( as the great officers of the army and treasurers who are members now do : who both impose what taxes they please , and dispose of them , and all power , honour , profit , to themselves and their creatures , as they please , without rendering any accompt to the kingdoms , contrary to the practise of all former ages , and the rules of reason and justice too ) are not all others in the three nations , especially the secluded lords , and members , bound by all bonds of conscience , law and prudence , to withstand their impositions and edicts unto death , rather than yield the least submission to them ? sixthly , he there avers , proves , and offers legally to make good , before any indifferent tribunal , that the h h pag. 2. 15 ▪ 27 , 29. 33. 34. 35. 41. 53. 57 , 58 , 59 , 64 , 65. 75. grandees and over-ruling members of the house and army are not onely , a pack of dissembling , jugling knaves and machevillians amongst whom in consulation hereafter he would ever scorn to come , for that there was neither faith , truth nor common honesty amonst them : but likewise murtherers ; who had shed mens blood against law , as well as the king , whom they beheaded ; and therefore by the same texts and arguments they used against the king , their blood ought to be shed by man , and they to be surely put to death , without any satisfaction for their lives , as traytors , enemies , rebels to , and i i see pag. 39. 52. conspirators against the late king ( whom they absolutely resolved to destroy though they did it by martial law ) parliament , kingdome , and the peoples majesty and soveraignty ; that the pretended house and army are guilty of all the same crimes in kind , though under a new name and notion , of which they charge the king in their declaration of the 17. of march 1648. that some of them more legally deserve death , than ever the king did : and considering their many oathes , covenants , promises , declarations , and remonstrances to the contrary ( with the highest promises and pretences of good for the people and their declared liberties that ever were made by men ) the most perjured , pernicious , false , faith and trust-breakers , and tyrants , that ever lived in the world : and ought ( as many of you have been , and now are ) by all rational honest men to be most detested and abhorred of all men that ever breathed , by how much more under the pretence of friendship and brotherly kindnesse , they have done all the mischief they have done in destroying our laws & liberties ; there being no treason like judas his treason , who betrayed his lord and master with a kisse , &c. and shall we then submit to their taxes and new acts , or trust them with our estates , lives , liberties , and the supreme power , or acknowledge them for our legal parliament and soveraign lords of the three kingdomes , if such now in their own late adorers eyes ? seventhly , he there asserts , k k p. 57. 34. that whosoever stoops to their new change of government and tyrany , and supports it , is as absolute a traytor both by law and reason , as ever was in the world ; if not against the king prince charles , ( heir apparent of his fathers crown and throne ) yet against the peoples majesty and soveraignty . and if this be true , as it is , that this purg'd parliament is no parliament at all ; then there is neither legal judges nor justices of peace in england . and if so , then all those that are executed at tiburn &c. by their sentence of condemnation are meerly murthered , and the * * let our gownmen sitting at westminster and other places , & in high courts of justice too , & there condemning and executing men consider it . judges and justices that condemned them are liable in time to be hanged ( and that justly ) therefore , for acting without a just and legal commission , either from true regal , or true parliamentary power ( except in corporations only where they proceed by ancient charters in the an●ient legal form ) . and if this be law and l l luk. 19. 14. 27. c. 12. 13. 14. gospel too ( as no doubt it is ) then by the same reason , not onely all legal proceedings , indictments , judgements , verdicts , writs , tryals , fines , recoveries , recognisances , and the like , before any judges and justices since the kings beheading in any courts at westminster , or in their circuits , assises , or quarter sessions , held by new commissions , with all commissions and proceedings of sheriffs , are not only meerly void , illegall , & coram non judice to all intents , with all bills , decrees , and proceedings in chancery , or the rolls ; and all judges , justices , sheriffs now acting , and lawyers practising before them in apparent danger of high-treason both against king and kingdom , they neither taking the oaths of judges , supremacy or allegiance as they ought by law ; but only to be true and faithful to the new erected state without a king ; but likewise all votes and proceedings before the pretended house or any of their committees , o●sub-committees in the country , with all their grants and offices , moneys , salaries , sequestrations , sales of lands or goods , compositions ▪ &c. meer nullities and illegal acts , and the proceedings of all active commissioners , assessors , collectors , treasurers , &c. and all other officers imployed to levy and to collect this illegal tax to support that usurped parliamentary authority , and army , which hath beheaded the late king , dis-inherited his undoubted heir , levyed war against and dissolved the late houses of parliament , subverted the ancient government of this realm , the constitution and liberties of our parliaments , the lawes of the kingdome , with the liberty and property of the people of england , no less than high-treason in all these respects , as is fully proved by sir edward cook in his 3 institutes , ch. 1. 2. and by mr. st. john in his argument at law at the attainder of the earl of strafford , and declaration and speech against the ship-mony judges , published by the late commons house order ; which i desire all who are thus imployed , to consider ; especially such commissioners who take upon them to administer a new unlawful ex-officio oath to any , to survey their neighbours and their own estates in every parish , and return the true values thereof to them upon the new proun'd rate for the 3 last months contribution , & to fine those who refuse to do it ( a meer diabolical invention to multiply perjuries to damn mens souls , invented by cardinal woolsey , much enveighed against by father latimer in his sermons ; condemned by the express words of the petition of right , providing against such oathes ; and a snare to enthral the wealtheir sort of people by discovering their estates , to subject them to what future taxes they think fit ) when as the whole house of commons in no age had any power to administer any oath in any case whatsoever , much lesse then to confer any authority on others , to give such illegal oathes , and fine those who refuse them : the highest kind of arbitrary tyrany both over mens consciences , properties , liberties ; to which those who voluntarily submit , deserve not only the name of traytors to their country , but to be m m exod. 21. 5. 6. boared through the ear , and they and their posterities to be made slaves for ever to these new tax-masters and their successors ; and those who are any ways active in imposing or administring such oaths , yea treasonable oaths of the highest degree , abjuring and engaging against king , kingship , kingdome and house of lords , and that with constancy and perseverance , against their former oathes of homage , fealty , supremacy and allegiance , the protestation , vow , solemn league , and national covenant ( the most detestable perjury and high treason that ever mortal men were guilty of ) or assistant in imposing , assessing , collecting , and levying illegal taxes by distresse or otherwise , may and will undoubtedly smart for it at last ; not onely by actions of trespasse , false imprisonment , accompt , &c. brought against them at the common ▪ law , when there will be no committee of indempnity to protect them from such suits , but likewise by indictments of high treason , to the deserved losse of their estates , lives , and ruine of their families ( and that by the junctoes own votes and declaration octob. 11. 1659. ) when there will be no parliament of purged commoners , nor army to secure , nor legal plea to acquit them from the guilt and punishment of traytors both to their king and country ; pretended present forbid fear of imprisonment , loss of liberty , friends , estate , life or the like , being no n n see 1. h. 4. rot. par. n. 97. excuse in such a case and time as this , but an higher aggravation of their crime : nor yet to exempt them from hell it self and everlasting torments in it , for their perjuries treasons , oppressions , rebellions , and actings against their consciences out of fear of poor inconsiderable mortals , who can but kill the body at most , nor yet do that but by gods permission , contrary to the express commands of god himself . ps. 3. 6. ps. 27. 1. ps. 56. 11. ps. 112. 7 , 8. isa. 44. 8. c. 51. 7. 12. ler. 1. 8. ezek. 2. 6. & 12. 4. 5. mat. 10. 28. 1. pet. 3. 4. heb. 13. 6. the o o rev. 21. 8. fearful being the first in that dismal list of malefactors , who shall have their part in the lake which burneth with fire and brimstone , which is the second death ; even by christs own sentence . john 18. 34. to this end was i born , and for this cause came i into the world , that i should bear witnesse unto the truth . finis . notes, typically marginal, from the original text notes for div a91207e-660 * see fortescue de laudibus legum angliae , and sir thomas smith de republica anglicana 16 car. c. 1. see rastal , title taxes , tallages , the acts for subsidies of the clergy and temporalty . * see my memento to the p●esent un-parliamentary juncto , prynne the member reconciled to prynne the barreste● , and true and perfect narrative , may 7. & 9. 1659. notes for div a91207e-1610 a see my humble remonstrance against ship-money . jan. 26. 1659. b see 1 e. ● cap. 7. cook 7. report . 30 , 31. dyer 165. 4 ed. 4. 43 , 44 , 1 e. 5. 1 book commission . 10 , 21. c cromptons jurisdiction of courts . fol. 1. cook 4. instit. c. 1. d 5 e. 3. m. 6. part . 2. dors. claus. regist. f. 192. 200. e 4 ed. 4. 44. 1 e. 5. 1. brook commissions . 19. 21. & officer , 25. dyer . 165. cook . 7. report , 30. 31. 1 e. 6. c. 7. daltons justice of peace , c. 3. p. 13 lambert . p. 71. * see my plea for the lords and house of peers . f 14 r. 2. n. 15. 11 h 4. n. 30. 13 h. 4. n. 25. g 4 h. 7. 18. b. 7 h. 7. 27. fortescue , c. 18. f 20 dyer , 92. b●ook parliament , 76 , 197. cooks 4. institut . p. 25. h see the freeholders grand inquest . my plea for the lords . the 1 , and 2 , part of my register of parliamentary writs , and exact ab. idgement of the records in ●●e tower , my historical collection , part 1 , 2. c. 3. see my speech , dec. 4. 1648. and a full declation of the true state of the case of the secluded members . i ( i ) cooks 4. institutes p. 1. 5 r. 2. stat. 2. c. 4. * populi minor pars , populum non obigit . grotius de jure belli . l. 2. c. 15. sect. 3. alexander ab alexandro . gen. dierum . l. 4. c. 11. ( a ) declarat . nov. 28. & 30. 1648. l 39. ed. 3. 7. 4. h. 7. 10. brook parl. 26. 40. cook 4. instit. p. 1. 25 , 26. 1 jac. cap. 1. m claus. 23. e. 1. m. 24. dorso . n 49. e. 3. 18 , 19. 21. h. 7. 4. brook customs 6. 32. * the 1. part of the parliamentary writs p. 411 , to 422. cooks 4 instit. 75 , 76 , 1 iac. c. 1 , 2. iac c. 3 , 4. 7 iac. c. 1. 12 car. c. 17. object . answ . a see my plea for the lords and house of peers , and historical collection of the great councils and parliaments , and fundamental rights , laws , and liberti●● of all english freemen . b printed by it self , and in a declaration of the engagements and remonstrances , &c. of the general , and general councill of officers of the army . london 1647 p. 107. 108. 1 is there not a greater , longer , force and violence offered to both houses ever since dec 1648. by aimed souldiers , than that by the unarmed apprentices , but for a few hours ? 2 how can you dispence with your self , to fit since dec. 6. & passing votes , to seclude & exclude the lords & your fellow members , and to tax them at your pleasure , & not believe them voyd & null ? * nor yet by those now sitting against the lords and our forcible exclusion , but new votes in justification thereof ? 3 the army could not with all their power and menaces , inforce the s●cluded members to vote against their judgements & consciences ? ec . 4. 1648. 4 why hav and do you yet serve the juncto in a false and anti-parliamentary way near as many years more , to abuse and deceive them ? 5 have you not done it since in the highest degree by high courts of justice , securing , secluding , imprisoning , banishing , disanheriting thousands , and imposing taxes and excises on them against all our laws ? 6 have you nor conscientiously observed them , by secluding , ejecting the lords , and your fellow members ? by subverting all rights , privileges of parliament , and liberties of the subject ? 7 why do you not now much more absent your selves upon the same account ? 8 if it was so great a crime to lock and keep them in the house ? was , yea is it not a far worse and g●eater crime in you and your juncto , to lock the lords and your fellow members , and keep them forcibly o●t of the houses for so many years till you have passed what new vores , and set up what new government , and imposed what tixes you please upon them against their wills ? 9 and is it not a greater breach of ptivilege for you to vote out most of the members without hearing them ? 10 the major vote therfore dec. 4. 1648 ought to carry it as well as then . 11 did you not far worse in seeuring , ●●cluding , imprisoning , ejecting the majority of your fellow-members , onely for voting against the minority , dec. 4 ? 12 and can you discharge them by sitting now , when the majority of the members & lords are secluded , and forcibly kept out by your orders , and not permitted to sit with freedome & safetie ? 1 was not the armea sorce , secluding and keeeping away most of the members since 1648. sar worse than this ? 2 why have not the army-officers , & most members subscribing this engagement , and making and commending this resolution kept this resolution , but apostatized from it ever since december 6. 1648. and acted quite contrary to it ? 3 therefore now much more by the members acting and continuing force upon the majority . 4 they have been faithlesse more than once or twice to the secluded members , and the iuncto too since this . 5 did you really perform this engagement by ordering the army to secure and seclude the majority of you● fellow-members , and whole house of lords heret●fore & twice of late ? 6 have not the armie & most of those s●bseribers since dec. 6. 1648. laid the greatest reproach 〈◊〉 sorce upon the nation , & brought & offered greater contempts to the honour , 〈◊〉 esteem , privileges , members of parliament , than the apprentices or the 〈…〉 men in any age ? 7 is not this the case of the secluded and excluded members in respect of their electors and the kingdom ? 8 is not this the speech and answer of the secluded lords & commons to the kingdom and people ? 9 is not this the true stile and character of all th●se , since forcibly secluding the lords and their fellow members ? 10 the secluded lords and commons now t●ust so too . 11 most counties now begin to do it for their secluded members restitution , or a new free parliament without limitation . * now sitting as a commoner . 1 that on dec. 6 , 7. 1648 and since that till now , hath been worse , longer , and more unparalleld . 2 and doth it not gainsay the armies & officers professions , commissions , protestations , declarations , and other obligations to protect the parl. and secluded lords & commons ? 3 the force since on the houses hath effected it . 4 do not the officers & members deserve to be so served , for securing & secluding us ? * the armies declaration , p. 120 , &c. wo ) is it not arrse for the mmy and sitting bloembers to dock up the thors against me lords and most of the comisons ? and to oeep them fut of the houses or sundry years ? 2 was not the armies seising , secluding , pulling and keeping those out who gave their votes against their designs , dec. 6. 1648. shutting them out ever since , & imprisoning some of them sundry years , far worse than this ? 4 it was far worse to fill them with soldiers & troopers , dec. 6 , & 7. and since , to seelude the most of the members by force . 5 and now six times more of them are driven away by the army . 5 do not the people esteem the secluded members su●h , and are not they the supreme authority by the armies & sitting members own votes , jan. 4. 1648 ? * they went not to them till thus ●●●ited . 6 and ought not the army and english nation , thus to engage , much more to the now secluded lords and members ? 7 it is usual and legal in the speakers absence or sicknesse . 8 and a●e you not and the kingdom too , now much more convicted of this truth ? 9 and are not all since dec. 6. 1648. till now much more null and void , for the same reason ? * is not yours of dec. 27. & jan. 5. 1659. far more unparalleld , to the parliament , and all the free-born subjects ? 10 much more then now the excluding members ? 11 and ought not the army and ● monk n●w to do the like ? 12 are not the sitting secluders of the lords and majority of the commons , far greater delinquents , deserving greater punishment ? 13 remember and fulfill these promises , now at least , to the parliament , king & kingdom , which crosse your engagements . abjurations of king and kingship , to set up an utopian commonwealth . * ne dhams interest will not ( but ) lye . * and more since their secluding and securing dec. 6. & 7. 1648. * therefore all since dec. 6. till now are void by the self-same reasons . * see my p●ea for the lords p. 371 , to 419. * par in pa●em non habet imperium , vel jurisdictionem , bracton , l. 5. c. 15. f. 412. object . answ . * exact collection , p. 5 , 6. ¶ 61. 3 parl. 2. rot parl. n. 3. 6. 5 r. 2 n 64 , 65. 11 r. 2. n 14 , 16 , 20. ● h. 4. n. 2 , 7. 27 h. 6. n. 12. 28 h. 6. n. 8 , 9 , 11. 29 h. 6. n. 10 , 11. 31 h. 6 n. 22 , 30 , 49. * cooks 4. institut p. 25. dyer , f 203. * exact collect . p. 69 , 70 , 736 , 709 , 722. * brook parliment 80. relation 85. dyer 85. 1 is not this the armies and their own late and present practice ? 2 alderman chambers the eminentest of them , is yet since this declaration discharged by you for his loyalty and conscience only . 3 and is it not so by you now , and t●ansmirted unto the exchequer to be levied ? 4 and do not you now the same , ye● , some of them verie good patriots ? 5 are not the generals and armies horses and foot too , kept up and continued among us for that purpose , being some of them germans too ? 6 not one quarter so g●ievous as the late and present taxes , excises , customs , imposed by you for the like purpose . 7 and is it not more unnatural in those now sitting , to engage the english army , raised by the parliament of england , and convenanting to defend it from violence , against the verie parliament of england and its members , to seclude , exclude , and eject the majoritie of their fellow members , and whole house of peers , by their votes and commands , and that successively twice after one another , and yet to own and support this army without ●ighting those members ? 8 was not pride's and the armies comming thither to seise , and actually seising above forty , and secluding above two hundred members , with thousands of a●med horse and foot ; and their suppressing the house of lords , and re secluding the members by armed guards on may 7 , & 9. & dec. 27. 1659. a thousand times a greater offence , especiallie after so many declarations of the houses against this of the kings ? 9 was not humphry edwards now sitting , ( an unduly elected member , ) one of them thus armed ? * henrie martin is accomptable to the state for above 8700 l. which the committee of accounts in two years time could never bring him to account for , and yet hath 3000 pound voted him lately for moneys pretended to be di●bursed ; to whom and for what quae●e . * in their p●rliament● p. a , p. 5 , 6 , 7. see a full declaration of the true state of the case of the secluded members p. 55 , &c. ¶ exact collection , p. 5 , 6 , 7 , 14 , 342 , 492. * exact collection , p. 28 , 29 , 214 , 263 , 270 , 491 , 492 , 495 , 496 , 497 , 600. * exact collect . p. 285 , 286 , 298 , 320. 32a , 378 , 379 , 381 , 513 , 514 , 515 , &c. 618 , 619 , 623 , 647 , &c. 671 , 679 , &c. a collect. &c. p. 100 , 102 , &c. 117. * a collect. &c. p. 327 , 358 , 359. 399 , 404 , 416 , 420 , &c. 694 , 751 , 768 , 769 , 798 , 802 , 806 , &c. 879 , 889. * see cooks 3 instit. p. 1. 21 , 22 , 23. * can or will the expulsed king himself or his heirs say more , or so much as these , if he invade and conquer us by forein forces ? and were it not better for us then to submit to our lawfull king , than to so many thousand perfidious usurping pretended conquerors of us , who of late pretended only they were no other but our servants , not lords and conquerors ? o a collect. &c. p. 599 , 876. objct. answ . * see their votes jan. 4. & declaracion , 17 march , 1648. p. 1. 27. * see their declaration , nov. 20. & proposals , dec 6. 164● and cromwel● inst●ument & speeches . * ezek. 18 24. * see the 2d . part of the history of independency . * see seldens titles of honour . * see a collect . p. 94 , 95 99 , 698 , 700 , 877 , 878. a see my jus pationatus , and new discovery of free-state tyranny , and the good old cause truly stated . b see the coffin for the good old cause , john rogers , and nedham his interest will not lye , my true and perfect narrative , and consciencious quaenes , where this is fully proved . c in their several agreements of the people , ●heir d●cla●ation of nov. 10. their proposals , decemb. 6. and declaration of march 17. 1648. * sir robert pye & others * 3 e. 1. c. 5. see rastals abridgements , tit. elections and parliament . * febr. 18. 1659. * cooks 11 reports , f. 98. 2 chron. 10. 10. q mat. paris 517. r ovid . de remed. amoris . * exact collections , p. 5. 6. and their own declarations , 17. march 1648. p. 7 &c. * in their declarations march 17. 1648. p. 26. s magna chart. c. 14. 14 e. 3. c. ● . cook 2. instit. p. 26 , 27. 169. 170. t mar. paris p. ●60 . u a collection , &c. p ●71 . semains case . 7 rep. sendels case . lambe●t f. ●7● . daltons justice of peace , ●24 . 24 h. 8. c. 4. x see cook 5 report . f , 9 p 92. y see rastal title purveyers . z an exact collecti , on p. 7. a see an exact collection : and a collection of publick orders , &c. p. 99 , 698 , 700 , 877 , 878. * lib. 3. c. 1 , 2. * see canterburies doom , and straffords trial. * in my speech 4 dec. see romes master-piece , the epistle to my jus patronatus ; a true and perfect narrative , 1659. the epistle to the 1. part of my historical vindication and collection 1655. a letter concerning sir william whitlock's bill for the trials in cases of treason written oct. 1693 upon the request of a friend who is an honest member of the house of commons, and now committed to the press upon the solicitation of several who think it may be of publick use to let it come abroad before the next meeting of the parliament. h. n. 1694 approx. 25 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a52636 wing n19 estc r19260 12442033 ocm 12442033 62105 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a52636) transcribed from: (early english books online ; image set 62105) images scanned from microfilm: (early english books, 1641-1700 ; 945:26) a letter concerning sir william whitlock's bill for the trials in cases of treason written oct. 1693 upon the request of a friend who is an honest member of the house of commons, and now committed to the press upon the solicitation of several who think it may be of publick use to let it come abroad before the next meeting of the parliament. h. n. 8 p. s.n., [s.l. : 1694?] reproduction of original in huntington library. caption title. signed at end: h.n. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng whitlock, william, -sir. england and wales. -parliament. trials (treason) -great britain. 2007-12 tcp assigned for keying and markup 2007-12 apex covantage keyed and coded from proquest page images 2008-04 mona logarbo sampled and proofread 2008-04 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a letter concerning sir william whitloc●● bill for trials in cases of treason , written oct. 16●● upon the request of a friend who is an honest mem●●● of the house of commons ; and now committed to 〈◊〉 press upon the solicitation of several who think it 〈◊〉 be of publick vse to let it come abroad before 〈◊〉 next meeting of the parliament . sir , my speedy compliance with your commands in relation to sir william whitlock's bill , is a demonstration how entire a power you have over me : and that i may be more distinct and clear in the delivery of my thoughts , i shall briefly set them down under the following heads . 1. i shall consider the reasonableness and necessity of having such a bill . in the next place , i shall consider , whether this is a proper time to propose and insist upon it . and in the last place , i shall give some account of the benefits of such a bill . to enforce the reasonableness and necessity of having such a bill , i need only request you to look over the trials that have been in our latter reigns , wherein you will find that for want of such a bill some of the most excellent personages , and our greatest patriots , have bee● 〈◊〉 to death , and that many others 〈…〉 whereof were men harmless 〈…〉 have suffered wrongfully . w 〈…〉 〈…〉 not lament , what good engl 〈…〉 is not afflicted for the death 〈…〉 essex and rawleigh ? can an 〈…〉 that knows our laws think s●● 〈◊〉 vane was fairly dealt with 〈◊〉 plunket ought to have been 〈…〉 twice ? sidney executed up●● 〈…〉 litude of hands , and one w 〈…〉 sir thomas armstrong withou● 〈…〉 before the outlawry comp 〈…〉 coming in ? ashton upon presu 〈…〉 treason ? and anderton again●● 〈◊〉 plain sence of so many statutes . 〈◊〉 blood of these and many more c 〈…〉 vengeance , and admonish us to p●●vide against such extravagancies 〈…〉 after . colledge and cornish call a 〈…〉 for such a bill . had such 〈◊〉 〈…〉 been in force , could the great 〈…〉 russel have dyed for only 〈…〉 ng to prevent the wild attempts of others , and because sir thomas armstrong had viewed the guards ? but ●t is needless to set down the several instances in other reigns , when the trials under this afford but too pregnant reasons to conclude the judges very untoward counsel for the prisoner , and that jury-men may be byassed by piques and animosities , and also that well-meaning men of a jury ought to hear the law stated by such of the robe as are not in the pay of the crown ; not only because the bench too often prevaricates , but because the prisoners are often wearied out , as the great rawleigh was , with the clamourous harangues of the king's counsel , and so drop their defence , when their lungs ( which are not so well breathed as those of pleaders ) fail them . another reason which may enforce the reasonableness and necessity of having such a bill is , because though our laws surpass the laws of all other countries in many other respects , yet in this they are very defective , insomuch that it is the opinion of such as have a greater insight into the laws of other governments ▪ and our own , than i will pretend to that there is not any one countrey where there are any legal trials at all , but the life of the subject is better guarded , the meth●d of trials in capital cases more equal than in ours ; and whoever will look over the manner of trials here , during the saxon times , will find we are in some great fundamentals degenerated from our ancient liberties . i will only add upon this first head an account of the method of capital trials , as it is amongst our neighbours of scotland , who , though since they have been made , as it were , a province to our crown , have in many essential parts of it , undergone very great violations of their constitution , have nevertheless herein preserved what may afford us matter of instruction ; and therefore let me in a few words give you their forms of trying such criminals . the prisoner is to receive his indictment with sound of trumpet fifteen days before the day of his trial , all persons then have access unto him , and at the same time he is to receive a l●st of his jury , and of the king's witnesses , with a warrant to subpoena all such persons to appear whom he shall think fit to call for , to prove his good behaviour , and his objections against the jury or the king's witnesses . upon application from the prisoner , the privy council gives order to such lawyers as are named in his petition to appear as counsel for him , with assurance unto them , that they shall never be called in question for any thing they shall urge in defence of their client . when the prisoner comes to his trial , every word that is spoken by the king's attorney general to enforce the indictment against the prisoner , and every word spoken by the prisoner's counsel for him , is written down by the clerks of the court , and entered upon record , together with his indictment , to furnish ground of process afterwards against the judges , if upon trial it be found that they have judged unjustly ; and the retaliation is carried so far in scotland , that if upon ●he review of those proceedings it is found ( after the he●t of the prosecution is over ) that the judge was byassed by interest ▪ malice or any other passion ▪ to direct a jury wrong and give a wrong sentence ▪ then the judge , if alive , sh●ll also be executed ▪ but if the judge is dead ▪ the h●irs of the executed persons shall rec●ver from he heirs of the deceased judge whatever damage their fortune sustained upon that illegal s●ntence . before the king's witnesses ▪ are exmined the prisoner's witnesses are called and examined upon oath , both as to the prisoner's good fame , and the truth of his defences ; as also whether they knew that any of the king's witnesses have been dealt with to depone against the prisoner , or have ever threatned him any mischief , or are of bad fame , either of which incapacitates them from being witnesses against the prisoner : nay , after the prisoner has had all his probation against the king's witnesses , he may demand , that such as have not been cast by his evidence should purg● themselves upon oath , before the● give their testimony , that they bea● the prisoner no malice , that they n●ver threatned him any mischief , an● that they have been never dealt wit● to depone against him . the members of the jury are liable to the sam● legal incapacities , and they may be proved against them by witnesses , o● their own oath . the judges are not allowed to spea● to the jury before they withdraw . if any message be sent to the jury , a●ter they are withdrawn , from the judges ; attorney general , or an● person concerned in the government the prisoner is acquitted upon his proving it . the jury is never returne● to amend their verdict . there mus● be two positive deponing witnesse● to each matter of fact alledged agains● the prisoner . i have said all that i will to the reasonableness and necessity of it ; and now let us in the next place consider , whether this is a proper time to propose and insist upon such a bill . the first consideration which i shall urge , might have been brough● as a reason for the absolute necessity of having such a bill , which consideration is this . the p. of orange in his declaration assigned the abuses in capital trials as one of the reasons o● his coming over ; and what the p. of orange then declared , he would see amended before he laid down his arms , is not k. william engaged in honour and interest , are not all that design to support this government bound to promote and agree to ? and consequently , is it not the indispensable duty of all that wish well to their majesties , with all speed to insist upon proper bills for that purpose ? how certain soever it is , that the only jus divinum of our monarchs , and all other monarchs too , is derived from the voice of the people , that hereditary right is one of sir robert filmer's dreams , or at most but a monkish fable , that election is the most authentick title , and that the commissions of kings are de beneplacito : i say , however true and certain all these notions are , yet they will return to their old bondage , will again fall in love with passive obedience , and think they have done wrong to king james , if the prince of oran●e's promises are not kept , and our constitution bettered by the change. and whereas some , otherwise judicious and worthy men ▪ would have this bill take effe●t , and got it voted in the house that it should take effe●t , at the end of this war , and not till then , in my humble opinion they were much in the wrong ; for it l●oks as if the wh●gs thems●lves designed this revolution only to g●t more ●●●er into their own hands , and to make use of that power too , to revenge themselves upon their enemies . i love some men that were concern'd in that clause too well to aggravate this matter , or to recite the reasons some of them gave for voting for it . revenge ▪ is a very ill reason for any vote in parliament ; and if any honest man has been persuaded to oppose this bill , or consent to that vote , that they might the better secure this government , i beg leave to inform such mistaken persons , that all governments are better secured by letting ▪ twenty guilty escape , than by the illegal condemnation of any one man. the blood of the martyr is the seed of civil as well as religious opinions ; and therefore perhaps through lenity a throne is most effectually established , even where men are , according to the strictest rules of justice and equity , at the mercy of the government ; but whether that be so or no , i am sure that where the law is not plain , an execution is a defeat to those that sit at the h●lm . moreover , that the opposition that those who have , or would have persions , whether in the house of lords or commons , have given to sir william whitlock's bill has not in the least preserved our present establishment , is plain to all that reflect how few there has been proof against , though this bill was baffl●d by such ar●ifices as little became our reformation , our preten●es to reformation . this bill would have been so far from weakning , that it would have strengthned our government ; for one good bill gains the king that gives it many friends , and such friends as are so by principles of liberty ; and who therefore are the fastest friends to an elective crown . had the king had , as some wish , opportunities , by the help of the presidents of latter reigns , and those stretches of prerogative which we ought to condemn in this , to sacrifice some of those who have been too busy for k. james , there are not any of that sort of men who have not amongst us friends and kindred , who would have been angry at the disputed legality of the death of their relations and friends . it is not for want of blood , but because we have not obtained good laws , and amongst the rest this , that our government is so low : it is because the whiggs have not kept to , and asserted their own principles , and because k. william has fallen into the hands of tories , and such whiggs as he has made tories , that all our affairs are in this condition . illegal trials and arbitrary notions are strange recipe's for a government that is it self founded upon a declaration against them . it is full time to vindicate the sincerity of the p. of orange's declaration in this particular ; and therefore this is a proper time to promote and insist upon such a bill . but i will not dwell upon this , i will proceed to another consideration . either k. william is a good prince , or a bad one . if a good one , 't is in the reigns of such we must get laws against such as are bad ; and no man can tell how long will be the reigns of the best of princes . if he is not so affectionate to our liberties as we could wish , and did expect him , then we have great reason to endeavour the getting of this law , to guard us against even his own male administrations . and this is the time to gain this law , because he will give us any law upon condition we will provide for his journey to flanders . indeed our best princes have always sold us for our money the best commodities , good laws : but even the worst of princes must give the people good laws , whilst the house of commons keeps the pu●s● , and the crown stands in need of our supplies . but further , how can our representatives answer it to their constituents , if they part with such vast sums , and don 't obtain for them a law , that for so long time ▪ almost the whole nation has thought necessary , for which twelve years agoe we would almost have ▪ given half our limbs , and half our fortunes ? this is the time to promote this bill , because some will be for it now who never were for a good bill before . wise men should make use of the inclinations and interests of all men if the whiggs were true to their own former professions this bill might be now carried almost nemine contradicente , more unanimously than most bills were ever carried ▪ methinks men should not care for what reasons other men come into that sence which is for the good of their countrey , but should make use of all factions and parties to serve it . the apostle paul rejoiced that christ was preached , though for by-ends , and we should rejoyce that our honest notions are propagated , let what will be the designs of those that set them on foot , or go in with them . but farther , if we lose this opportunity , it is not impossible but we may lose it forever . if we lay hold on this opportunity , though the ministers we have , and their ill management , should lose us our government , this would questi●nless be one of those laws which the first parliament under king james will desire him to ratify and confirm , and at which he expresly hints to in his last declaration , so that we ought to ask it not only for the safety of this government , but to preserve us in the next , if that should happen . nay , if the jacobites saw we persued our own principles now , and would not hurt our constitution to hurt them , all amongst that sett of men who have sence and generosity , would rather pity what they thought our mistakes , than join in our destruction hereafter : so that if we cannot make the tories wise at present , upon a revolution we may be fairly heard by the jacobites , and may come even to some accommodation in the principles of government ; but if we shew that we have no principles , men will never be persuaded by inveterate enemies , and such as have appeared to be only designing knaves , as soon as power was in their hands . my last thought brings me under a great temptation to expostulate with some of the whiggs , upon other matters whereby they have reproached their character , nor would it perhaps be an unseasonable digression ; but i resolved at first to confine my self ●o a letter of so small a compass as should not weary ▪ out your p●tie●ce , and therefore will only add a few notes concerning the ben●fits of this bill . it is beneficial both to the crown and subject . any man , that can reason upon what he reads , may infer from what i have already said , that it is beneficial to both ; but to make it yet more plain , this bill will in all likelihood very much prevent the shedding of innocent blood , for which nations , generally speaking , as well as particular persons reckon even in this world. impartial trials augment the natural riches of a countrey , which all men of great sence and souls know are the numbers of the inhabitants . such impartiality not only augments the numbers by preserving those individuals that would otherwise be unjusty destroyed , but the greater security the lives of subjects are in , the surer is that government to be crowded with inhabitants from abroad ; and crowds of people make industry necessary for sustentation , and from industry an abundance of trade and wealth does naturally flow , as may be seen by comparing ireland with the united provinces . again , such a law gives an exceeding reputation to a government . the subjects of other princes , though they should not be able to transport themselves and their fortunes hither , will all consent to proclaim our constitution happy , and acknowledge that our kings are under a glorious and happy necessity of not being imposed upon by the malice of ministers , and the corruption of judges , to take away wrongfully the lives of their subjects . this law will very much contribute to the safety of the prince ; for , after so fair a trial , if a man is found guilty , and executed according to the sentence , his relations and friends may grieve , but cannot murmur ▪ before i conclude upon this head , of the benefits that the crown will receive from such a law , i cannot f●rbear ad●ressing my self to king william , and humbly , tho' earnestly , conjuring him to become as vigorous a sollicitor for this b●ll as his enemies say he has been against it . and here i must set before him the glory of our noble edward the third , who has obtained as immortal praises by his good laws as his victorious arms , and who did leave his name particularly great and memorable , by that law in the 25th year of his reign , wherein he fenced the su●ject from the dubious and divers opinions of what amounted to treason , and made a declaration what offences were to be judged treasons , either high or petit , which law is so often referred to in acts of parliament that have been made since his time , and has made his name dear and valuable to all honest and worthy minds , from his down to our times : tho' mercenary and corrupt judges have so much interpreted away that act , that we stand in great need of a new law to explain and confirm that wise and excellent statute . i wish king william would give us such a law , and give us likewise this bill of sir william whitlock's , that we might be the better for that law. such care , such condescentions , such provisions for our lives and our liberties , our good names and our fortunes would transmit the remembrance of king william the third to all future generations , as our benefactor , our deliverer , as one of the best of princes and the common father of our countrey . my lord chief justice treby , when attorney general , at a conference with the lords , asserted , that there was nothing in this bill but what was originally amongst our rights . we will not stand upon it as such . we are willing to take this law as a grant from the crown , and not as our due . we would not be put to demand it as a right , but would leave the honour and reputation of doing so acceptable a thing to him with whom we have shewn but little inclination to quarrel . however , i must take the boldness to say , that the temper and backwardness we have shewn , whilst his tory parasites have provoked us , should engage him , or nothing will engage him , to gratify us with so necessary a bill as this for regulating of trials in cases of high ▪ treason . this bill is necessary and beneficial for the subject ; if guarding an innocent man's life and honour , the liberty of his person , and all that he or his ancestors have got , deserves to be called , in this case , the end of society , the rise of legislation , and the design of government ; if men are not willing to admit of as many tyrants as there are judges ; if they are not willing to be bawl'd and hunted out of their lives ; if they are not unwilling to be prepared against false accusations , by a knowledge of what will be laid to their charge ; if they do not think it unfit to have other counsel , besides those who are almost in every trial the eagerest in the prosecution of the prisoner ; if they would not have a matter of that importance as treason is established with less than the mouths of two winesses ; if they are not weary of the true intent of being tryed by the vicinage ; if they do not think it necessary for the support of the government , that a man should always suspect himself in danger of dying by the hand of the hangman ; if it is not unreasonable , that the compurgators of a man's reputation should give weight to their words by the sanction of an oath : in a word , if it is not expedient , that a man's life and all that he has , his posterity and all that they may have from him , should be precarious and doubtful , in the power of flattering sycophants and malicious informers , at the mercy of chol-rick and corrupted judges , and submitted to the consciences of pack'd juries ; then this law is expedient , this law is useful , this law is beneficial and necessary for the subject . thus you see , in obedience to you i have scribbled down some few hints concerning the necessity of such a bill . the reasonableness of proposing and insisting upon it at this time. together with an account of its benefits . i am , with all imaginable friendship and respect , yours h. n. instructions for deputy lieutenants, which are members of the house of commons, and other lieutenants of severall counties, concerning the last propositions. together with the names of the commissaries, who are to inroll and value the horses and arms, according to the propositions proceedings. 1642-06-16 england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a83717 of text r210713 in the english short title catalog (thomason 669.f.5[43]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83717 wing e2589d thomason 669.f.5[43] estc r210713 99897373 99897373 135434 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83717) transcribed from: (early english books online ; image set 135434) images scanned from microfilm: (early english books, 1641-1700 ; 2499:5) instructions for deputy lieutenants, which are members of the house of commons, and other lieutenants of severall counties, concerning the last propositions. together with the names of the commissaries, who are to inroll and value the horses and arms, according to the propositions proceedings. 1642-06-16 england and wales. parliament. house of commons. england and wales. army. 1 sheet ([1] p.) printed by l.n. and j.f. for edward husbands and iohn franck, london : iune 17. 1642. steele notation: arms 40 tender deputy gent,. reproduction of original in the folger shakespeare library. eng england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. broadsides -england -london a83717 r210713 (thomason 669.f.5[43]). civilwar no instructions for deputy lieutenants, which are members of the house of commons, and other lieutenants of severall counties, concerning the l england and wales. parliament. house of commons 1642 631 2 0 0 0 0 0 32 c the rate of 32 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-11 tcp assigned for keying and markup 2007-11 apex covantage keyed and coded from proquest page images 2007-12 john pas sampled and proofread 2007-12 john pas text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion instructions for deputy lieutenants , which are members of the house of commons , and other lieutenants of severall counties , concerning the last propositions . together with the names of the commissaries , who are to inroll and value the horses and arms , according to the propositions . that the deputy lieutenants of each county , which are members of the house , shall have authority to tender the propositions to the other deputy lieutenants of the same county ; and take their subscriptions , and all such deputy lieutenants , or any two of them as shall subscribe according to the propositions , shall have authority to assemble and call together all such persons as they shall think fit , and to tender those propositions to all such persons as shall be present , or to any persons within their counties respectively , and receive their subscriptions : and the said deputy lieutenants , or any two of them , shall have authority to name such , and so many persons , as they shall think fit to assemble and call together every person , or to repair to their severall houses or dwellings within their respective counties , and to take their subscriptions , which subscriptions are by them to be returned to such persons as shall be appointed receivers in the respective counties , who shall from time to time certifie the sums , values , or proportions of such subscriptions to the treasurers of london . the said deputy lieutenants , or the greater part of them shall have power to name receivers in their severall counties , and all such as shall either before or after their subscriptions , pay or bring in any money or plate , shall deliver the same to such person or persons as shall be appointed by the said deputy lieutenants , or the greater part of them , under their hands to be receivers , which the said persons so appointed shall cause to be delivered to the treasurers in london , named in the said propositions ; and shall receive acquittances from the said treasurers , in the name , and to the use of the severall persons from whom they shall receive such money or plate , and shall deliver such acquittances to the severall persons to whom they do belong : and all such as make such returns of money or plate , shall receive reasonable allowance from the treasurers for the same , according to their discretions . all that finde horses , shall presently send them up to london , according to the propositions . in those counties where no commissions are issued to those that were nominated for deputy lieutenants , or none have been nominated , there the same authority to be given to such iustices of peace , or other gentlemen of those counties , which shall be named by the knights , and burgesses of those counties , and approved by both houses , as is to the deputy lieutenants in the first instruction . 5. that the time of notice shall be taken , to be from the time that every man hears the propositions first read by the authority aforesaid . 6. it is ordered , that captain burrell master lloyd , john smith of london , gent ' , and francis dowsett of london , gent ' , be comm 〈…〉 naries to inroll and value the horses and arms , to be raised according to the propositions . ordered that this be forthwith printed : h. elsynge , cler. parl. d. com. london , printed by l. n. and j. f. for edward husbands and iohn franck ▪ iune 17. 1642. a schoole for young souldiers containing in breife the whole discipline of vvarre, especially so much as is meet for captaine to teach, or the souldior to learne, that is, to trayne or to bee trayned : fit to be taught throughout england. markham, gervase, 1568?-1637. 1615 approx. 8 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a06961 stc 17386.5 estc s3327 33143331 ocm 33143331 28386 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a06961) transcribed from: (early english books online ; image set 28386) images scanned from microfilm: (early english books, 1475-1640 ; 1885:65) a schoole for young souldiers containing in breife the whole discipline of vvarre, especially so much as is meet for captaine to teach, or the souldior to learne, that is, to trayne or to bee trayned : fit to be taught throughout england. markham, gervase, 1568?-1637. 1 sheet ([1] p.) : ill. printed for iohn trundle dwelling in barbican at the signe of nobody, london : [1615] date of publication from stc (2nd ed.). attributed to markham by stc (2nd ed.). illustrations copied from stc 11810--cf. stc (2nd ed.). reproduction of original in: society of antiquaries. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -army -drill and tactics -early works to 1800. drill and minor tactics -early works to 1800. broadsides -london (england) -17th century. 2002-06 tcp assigned for keying and markup 2002-07 aptara keyed and coded from proquest page images 2002-08 judith siefring sampled and proofread 2002-08 judith siefring text and markup reviewed and edited 2002-10 pfs batch review (qc) and xml conversion ¶ a schoole for young souldiers , containing in breife the whole discipline of vvarre , especially so much as is meet for captaine to teach , or the souldior to learne , that is , to trayne or to bee trayned . fit to be taught throughout england . reader for thy better direction obserue the course of the figures as they stand in order . to captaines are referred two things . 1 sorting of armes which should be 2 halfe pikes , and halfe sho● and the shot : halfe muskets , halfe harquebusses . 3 strongest for pikes , squarest for muskets , nimblest for harquebus . the armours they shall weare shal be these following ; 4 for the pike , a morian , curaces , gorget , pouldron , taces , sword , girdle , hanger and pike ; the musket , a morian , bandileir , sword girdle , hanger , bullet , bagge and rest ; the harquebus , a morian , bandileir sword , girdle , hanger , and bullet bagge : or two parts muskets , and one part harquebus ; the men for the weapons , 5 formes of trayning , dividing euery company into . 6 squadrons , files , fellowships : and then teaching 7 carriage of armes , which must be , 8 most comely , euery seuerall weapon , learning these postures following . postures of the pike 15 9 order your pike , aduance your pike , set down your pike , shoulder your pike , leuel your pike , slope your pike , port your pike , charge your pike , check your pike , traile your pike , charge against the right foote and draw your sword , charge your pike backeward . right to your first order , lay downe your pike , take vp your pike . postures of the musket 40 march with the musket-rest in the right hand . march , and with the musket carry the rest . sinke your rest , and vnshoulder your musket . hold vp your musket with the right hand , and let it sincke in the left : in the left hand hold your musket , and carry your rest with it . into the right hand take your march : hold well your match between your fingers , and blow it : cocke your match , try your match : blow your match , and open your panne : hold vp your musket , and present : giue fire , take down your musket , and cary it with the rest : vncocke your match , ioyne your match againe betweene your fingers , blow your pan : proine your panne , shut your panne : cast off your pan , blow off your panne : cast about your musket : traile your rest : open your charges : charge your musket : your scowring-sticke draw out : take your scowring sticke shorter : ramme your powder , your scowring sticke draw out , take your scowring sticke shorter : put vp your scowring sticke home : bring forward your musket with the left hand , hold vp your musket with the right hand , and recouer your rest : shoulder your musket , march and carry the rest with it : vnshoulder your musket : lay your musket on the rest : hold your musket on the rest : hold your musket in the rest , and with the left hand only balance . take your match into the right hand : guard your panne , and stand readie . postures of the harquebuse 42 shoulder your piece and march : vnshoulder your piece : with the right hand hold it vp : in the left hand take the piece : in the right hand take the match : hold well your match and blowe it : cocke your match : trie your match : blow your match : open your panne : present your piece : giue fire : take downe the piece , and in the left hand holde it : vncock your match : ioyne it againe twixe your fingers : blow your panne : proyne your panne : shut your panne : shake off your pan : blowe off your loose cornes : turne about your piece : to your left side let it sinke : open your charges : charge your piece : your scowring sticke draw out : take your scowring sticke shorter : ram your powder : your scowring sticke draw out : take your scowring sticke shorter : put vp your scowring sticke home : with the left hand bring forward the piece : with the right hand hold it vp : shoulder your piece : hold your piece well on your shoulder , and march : vnshoulder your piece : in the left hand let it sincke : with the left hand alone holde the piece : in the right hand take the match : cocke your match : trie your match : blow off your match : guard your panne and stand ready . 10 vse of armes , which must be the 11 vse of the pike , in receiuing or giuing a charge , the first beeing pike against horse , the second , pike against pike ; vse of shot , is how to present his piece , take his leuell , and giue his vo●ce . 12 march , in which 13 euery man shall obserue his leader , and them of each hand , mouing as they moue : 14 mo●ion is mouing 15 without marching , 16 as turning on any hand , 17 changing of place , 18 as doubling of rankes or files . 19 all mouing , yet none marching , as 20 opening or closing of ranks or files . 21 sounds of the drumme , which is to know , 22 a march , a troope , a charge , a retreit , a call , the watch , going to the mine , ● 23 words of direction which are , 24 leaders , stand forward with your files , rankes , open forward , 5 paces : faces to the right hand , turne , faces to the left hand , turne , faces about : turne , open your files , close your files , open your files to the right hand , open your files to the left hand ; close your files to the right hand , close your files to the left hand ; double your file to the right hand double your file to the left hand ; double your ranks to the right hād double your ranks to the left hand . as you were : rancks from behinde close : ranckes open backward , paces 5. files on the right hand turne : rancks on the right hand turne , front passe thorow , followers passe thorow , front as you were , files , as you were , counter-march to the right hand , counter-march to the left hand ; cast off your files to the right hād . cast off your files to the left hand ; double your front to the right hād . double your front to the left hand . double your reare to the right hād . double your reare to the left hand . finis . london printed for iohn trundle dwelling in barbican at the signe of nobody . a defence of the parliament of 1640. and the people of england against king charles i. and his adherents containing a short account of some of the many illegal, arbitrary, popish and tyrannical actions of king charles i. unjustly called the pious martyr; together with the following tracts, &c. 1. the pope's letter to king charles ... 14. to give a clear demonstration of this holy martyr's religion and piety, see his declaration for the lawfulness of sports and pastimes on the lord's day, printed at large in this book. toland, john, 1670-1722. 1698 approx. 142 kb of xml-encoded text transcribed from 35 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-03 (eebo-tcp phase 1). a62847 wing t1765a estc r221756 99833018 99833018 37493 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a62847) transcribed from: (early english books online ; image set 37493) images scanned from microfilm: (early english books, 1641-1700 ; 2157:11) a defence of the parliament of 1640. and the people of england against king charles i. and his adherents containing a short account of some of the many illegal, arbitrary, popish and tyrannical actions of king charles i. unjustly called the pious martyr; together with the following tracts, &c. 1. the pope's letter to king charles ... 14. to give a clear demonstration of this holy martyr's religion and piety, see his declaration for the lawfulness of sports and pastimes on the lord's day, printed at large in this book. toland, john, 1670-1722. [10], 58 p. [s.n.], london : printed, 1698. errata on *4v. cropped with some loss of print. reproduction of the original in the bamburgh castle library, durham. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -i, -king of england, 1600-1649 -controversial literature -early works to 1800. england and wales. -parliament -early works to 1800. 2003-04 tcp assigned for keying and markup 2003-05 apex covantage keyed and coded from proquest page images 2004-11 ben griffin sampled and proofread 2004-11 ben griffin text and markup reviewed and edited 2005-01 pfs batch review (qc) and xml conversion a defence of the parliament of 1640. and the people of england , against king charles i. and his adherents ; containing a short account of some of the many illegal , arbitrary , popish and tyrannical actions of king charles i. unjustly called the pious martyr ; together with the following tracts , &c. 1. the pope's letter to king charles . 2. k. charles's letter in ans. thereunto . 3. the articles of marriage made in favour of papists ) with france . 4. king charles his commission to the irish rebels , and 5. philem , o neal and rorie macquire's declaration to the irish thereupon . 6. king charles ii's letter to the ●●urt of claims of ireland , in behalf of that great rebel , the marquess of an●●m , to restore him to his estate ; for ●t the said marquess , had made it ap●r , that what he acted in that rebel● , was done by the express orders , 〈◊〉 commands of charles i. his father . 〈◊〉 . king charles i's warrant by secre● nicholas , to the king's printer , ●manding him to print no more 〈◊〉 40 of those proclamations , that ●claim'd the irish rebels . 〈◊〉 an abstract of those strange arti● of peace , king charles i. made with ●rish rebels . 9. king charles his two letters to the protestants of rochel , wherein he assured them of relief against the french k. 10. the misérable and deplorable remonstrance those poor protestants made to him , upon his sacrificing them to the mercy of the french king. 11. the earl of anglesey's memorandum . dr. anthony walker and mrs. gauden's proofs , that eicon basilice was not writ by king charles , but by dr. gauden , bishop of exeter . 12. a copy of the kings , and pamelia's prayers , taken out of eicon basilice , and sir phillip sydny's arcadia ( which agree almost in every word . ) 13. twenty articles against that wicked prelate l● . 14. to give a clear demonstration of this holy martyr's religion and piety , see his declaration for the lawfulness of sports and pastimes on the lord's day , printed at large in this book . london , printed , 1698. to the reader . it is not the least of man's unhappiness , that he is the greatest enemy of his own interest , having opportunities for his own advantage , he lets them slip , and by brutish incogitancy , rather than natural impotency , ( as our parents at first ) he is soon cheated into his own misery ; his present contentment is his chiefest atchievement , and he will have his will tho' it be his woe . he is apt to kill his friends , ( as the jews did christ ) for their endeavours to save him , and to court his enemy ( as eglon did ehud ) whose design was to slay him . the great controversy ( between the advocates for king charles the first , and his wicked favourites , and the friends of the parliament and people , that were necessitated to resist him , could never have been spun out into above 40 years length , had the dim eyes of dull people been clear'd up to a true discerning of their friends from their oppressive foes . how apt have the idolizers of king charles the first been , with the army of the assyrians , to travel to samaria instead of dothan , and with the jews to gratify caesar , in crucifying their saviour ? whereas heretofore they generally reputed for saints those faithful and couragious barons , who lost their lives in the field , making a glorious war against tyrants for the common liberty . such as symon de mamfort , earl of leicester , against henry the third ; thomas platagenet , earl of lancaster , against edward the second , &c. i cannot willingly ascribe the love of tyranny and oppression , to the natural disposition of an english man , but rather to two other causes ; the first is the clergy of all ranks , whose pulpit stuff from before 1640 , till now , hath generally been the doctrine , and perpetual infusion of servility and wretchedness , to their hearers , and their lives most commonly the types of worldliness , with a slender pattern of vertue , righteousness and self-denial , in their whole practice . the second is , i attribute it to the factious inclination of most mendivided from the publick interest of their country , by several selfish ends and humours of their own ; who may truly be call'd sacrificers of the common welfare of mankind , to their own private advantage , that they might thereby attain to their ambitious purposes . dryden ( as i am inform'd ) gives this true character of these sort of men , viz. mark those which dote on arbitrary power , and you 'l find them either hotbrain'd-fools , or needy bankrupts . 't is a wonderful and amazing thing , to find so great a part of mankind fondly and foolishly doting , nay , which is more unchristian , with a sort of idolatry , idolizing this prince , when they are not capable of giving to the world a clear demonstration of one good act he did designedly for the benefit of his people : certainly if his virtue and piety towards god , and his country , had been in the least conspicuous , his mighty adorers have been defective in their panegerical encomiums of him ; for i must with the greatest assurance declare , that neither by reading the defences of him , or conversation with the greatest of his advocates , could i find the least cause to esteem him a saint , or to clear him from the tyrannical oppression , nay , from the blood and misery of england , so justly laid to his charge by the parliament of 1640 , and those worthy patriots that join'd with them . let the advocates for tyranny and arbitrary power say what they will to the contrary , i am confident the people of england have a great esteem and value for a king that governs according to law , and , in all his actions , aims at his people's good equal with his own ; and if at any time they betake themselves to arms against their prince , 't is his , and not their fault : neither is it rational to believe , that the generality of the nobility , gentry and commonality of england , would , without an apparent cause and necessity , engage in a bloody civil war , and thereby run the hazard of their lives and fortunes : and he that shall consider impartially , in a civil or religious sense , the quality of those that espoused that king against their native country , will find the parliament , and those that joined with them , did infinitely exceed , in all respects , the party that assisted that king. for it is notoriously known , that the popish and superstitious people throughout the kingdom , were united , as one man for the king against the parliament ; and if we consider them in a civil respect , were not all the pattentees , monopolizers , cruel usurping oppressors , but lords , knights and gentlemen , the pillars of the star-chamber , councel-table , high commission court , &c. were not these the great abettors , and supporters of that bloody war , against the parliament and people of england . were not his clergy , for the generality of them , a wretched parcel of court sycophants , that gave vent to those plaguy-doctrines of non-resistance , absolute and arbitrary government ( after the mode of france ) in loans , free-quarter , ship-money , monopolies , &c. during the oppressive ministery of buckingham , stafford , and laud , that countenanced those two court parasites and ear-wiggs , mountague and manwaring , who poysoned the ears of king charles the first , with such infectious doctrine that proved to be fatal to the king and kingdoms . 't is true indeed , both montague and manwaring were doom'd and condemn'd for the same in open parliament , sentenced and fined , and made incapable of all ecclesiastical benefices and promotions . but king charles was so much in love with these two wicked levites , and their doctrines , that soon after the parliament was dissolved , he punished them with two fat bishopricks . that the world may know for what manwaring was thus rewarded by the king , i shall produce three of his pernicious assertions out of his two sermons before the king , printed under the title of religion ond allegiance . 1. that the king is not bound to observe the laws concerning the subjects rights , but that his will in imposing loans and taxes without consent in parliament doth oblige the subjects conscience , upon pain of eternal damnation . 2. that they who refused the loan , did offend against the law of god , and against the kings supreme authority ; and thereby became guilty of impiety , disloyalty , rebellion , &c. 3. that authority of parliament is not necessary for the raising of aids and subsidies ; and dr. sibthorp , vicar of brackley , printed a sermon , which he preached at the assizes at northampton , and dedicated to the king , wherein he poysons his country with these vile positions . 1. that it is the prince's duty to direct and make laws , ( his text , by the way , was rom. 13. 7. render therefore to all their dues ) he justified this by that opposite proof ; eccles. 8. 3 , 4. he doth whatsoever pleases him . — who may say unto him , what doest thou ? 2. that all antiquity is absolutely for absolute obedience to princes , in all civil and temporal things . 3. that if princes command any thing which subjects may not perform , because against the laws of god , of nature , or impossible , yet they are bound to undergo the punishment , without resistance , and so to yield a passive obedience , where they cannot exhibit an active one. p — g , sh — k , and others , have largely since that time , obliged the world with these enslaving doctrines . as this king took great care to reward such ministers as these , so he was resolved to make examples of those pious and worthy clergy-men , that stood up against the oppressions of those times ; for brevities sake , i shall instance but two of the many that might be named . the first was , that good man dr. abbot , archbishop of canterbury , because he could not in conscience comply with the king , who with menaces required him to license that abominable sermon of si●throps , ( before mention'd ) and thereby make that good by divinity , which had been done against the laws . and when the lord conway , secretary of state , was sent with a threatning message from the king to him , this good old man persisted in his refusal , saying , with the psalmist , i shall not be affraid of any evil tydings , for my heart is fixed , trusting in the lord. the king instantly suspended this archbishop , and also confined him , and committed the archiepiscopal jurisdiction● to five bishops , all of the new church of england , and sibthorp's patrons , viz. london , durham , rochester and oxford , and honest laud of bath and wells . the second was dr. williams , bishop of lincoln , who also felt the heavy oppression of this protestant king. in the first year of his reign , he was lord keeper of the reat seal but upon his appearing in parliament against the kingdoms great grievance , the duke of buckingham , he was disgraced und-sequestred from the king's presence , and council table . in his second year , he was accused for speaking publickly against the loan , and also for refusing to give way to proceedings in his courts against the puritans . the king imprison'd him in the tower , but this good bishop , out-living his imprisonment , upon the king 's throwing the gauntlet , he came to a tryal of skill , for the old english liberties , and he resolutely said , nolumus leges anglia : mutari , and took command in the parliament's army , and bravely asserted his country's liberties with his sword. if i should proceed to relate how this king dealt by the nobility and gentry ; both lawyers and others that stood up for the laws of the land , and liberties of the people , this tragical story would swell to too great a bulk for a preface ; i shall therefore give a short account of the matters contained in the following treatise , viz. that he favoured , protected , and was ruled by , the worst of men , both clergy and laity ; secondly , that he highly favoured papists ; thirdly , that he govern'd by an arbitrary power , and raised money upon his subjects without act of parliament , which is directly against the constitution of the government of england , and of a most dangerous consequence to the people of england ; for when ever such a power is established in these kingdoms , the people may bid a sad farewell to all their felicity , for they would soon undergood the same miserable fate , the poor people of france have done ever since that king violated their magna charta , call'd , the edict of nants , &c. which is to be taxed according to that prince's will and pleasure ; fourthly , that he was not that pious prince the mad world without reason would represent him to be ; of all these , you have too many instances in the following treatise , which for the satisfaction of mankind , contains not onely 26● articles , or charges against this king , but also the following tracts , all of which were never printed at large in any one book before , viz. the popes letter to king charles i. and king charles his letter in answer thereunto , calling the pope most holy father , &c. the articles of marriage made ( in favour of papists ) with france . king charle ' s commission to the irish rebels , and philem oneles , and rorie macquire ' s declaration thereupon . king charles ii's letter to the court of claims of ireland , in behalf of that great rebel , the marquess of antrim , to restore him to his estate , for that the said marquess had made it appear , that what he acted in that rebellion , was done by the express orders and commands of charles i. his father king charles i's warrant by secretary nicholas , to the king's printer , commanding him to print no more th●n forty proclamations that proclaimed the irish rebels . an abstract of those strange articles of peace , that king charles the first made with the irish rebells . the two letters he writ to assure the rochellers of his relieving them , and the miserable and deplorable remonstrance those poor people made to him upon his sacrificing them to the mercy of the french king. the earl of anglesey ' s memorandum . dr. anthony walker , and mrs. gauden ' s proofs , that eicon basilice was not writ by king charles , but by dr. gauden bishop of exeter . that copy of the kings , and pamelia ' s prayers taken out of eicon basilice , and sir philip sydneys arcadia , will agree almost in every word . twenty articles against that wicked prelate land , and to give a clear demonstration of this holy martyrs religion and piety . his declaration for the lawfulness of sports and pastimes on the lord's day is printed in this book at large . to conclude , if all these and many more sad matters of fact , already in this , and other books produced to the world , will not be of force enough to satisfie the generality of mankind , that they have been most notoriously imposed upon , by the clergy , and some of the laity , in their defence of king charles i. against the parliament of 1640. and people of england . i shall conclude , that nothing but the coming down of an angel from heaven , will be able to convince them of their error ; i shall , therefore leave them to god , and end all with this hearty prayer , that he would be pleased so to open their eyes , that they might see what will make for the peace and happiness of these kingdoms , and no longer promote and keep up those unhappy divisions , that are yet amongst us , after above 40 years controversie on this melancholly subject . errata . page 2. line 5. read immerited . p. 4. l. 11. r. gorges . p. 4. l. 15. r. desert f. defect . p. 4. last line r. coat . p. 5. l. 24. r. that . p. 6. l. 12. r the king. p. 6. l. 25. r. bath . p. 9. l. 13. r. prins . p. 10. l. 25. dele and also king charles ii's declaration after his restoration . p. 12. l. 23. r. papists . p. 14. l. 10. r. things f. time . p. 15. l. 10 r. proportion . p. 18. l. 5. dele it . p. 18. l. 9. incert ( to ) after relations . p. 21. l. 21. r. wentworth . p. 21. l. 28. r. suspiria . p. 23. l. 3. r. dismiss . p. 27. l. 25. r. have done . p. 28. l. 27 r. zyons . p. 37. l. 18. r. alia p. 39. l. 21. after imaginable 〈◊〉 . to enslave his people . p. 44. l. 25. r. article . p. 46. l. 12. r. therein . p. 48. l. 12. r. irreconcilable . p. 50. l. 29. r. have . p. 51. l. 34. dele not . p. 54. l. 19. r. cordially f. cardinals , englands black list ; or , a short account of some of the many illegal , arbitrary , popish and tyrannical actions of king charles i. falsely and unjustly call'd the pious martyr of ever blessed memory ; i shall not pretend to describe them gradually , or annually , but as they occur . 1. he took in the duke of buckingham to be one of the chief conductors of all his affairs , notwithstanding the said duke was impeached for a very suspicious playster and portion administred to king james the first . see the earl of bristols , and sir dudley digg's speeches against him in rushworth . the duke's mother , and many near about him , were papists , and advanced men popishly devoted , to places of the chief command in the court and camp. three parliaments in the beginning of this reign , found and declared this duke the cause of all their miseries and disasters , the grievance of grievances ; yet king charles would against all justice protect him . 2. he made that wicked bishop laud ( who was afterwards deservedly beheaded ) another of his favourites , by whose precious councils poor england hath notoriously suffered ; to write his life according to his actions , would sufficiently darken the lustre of those immerite and impious encomiums given by that notorious jacobite mr. wharton . the pious dr. abbatt , then arch bishop of canterbury , hath in his writings given a sad account of him . 't is said that archbishop sancroft had a great hand in putting forth this book . 3. his marrying heneretta maria of france , a violent papist , and agreeing to private articles in favour of papists , viz. that those who had been imprisoned , as well ecclesiastical as temporal , should be released : that papists should be no more molested for their religion ; by which means the papists grew impudent , and scoff'd at parliaments and law. read the articles at large in this book . 4. that received a letter from the pope , and writ him an answer , saluting antichrist with the title of sanctissime pater , most holy father . that procured the pope's dispensation for his marriage , which was solemnized by proxy , according to the ceremonies of the romish church . see the pope's and king's letter at large in this book . 5. that pursuant to his private article with france , immediately granted a special pardon to twenty popish priests for all the offences they had committed against the laws , and built a chapel at somerset-house , with conveniencies for fryars which were permitted to walk abroad in their habits . baker the jesuit , was one of many that was pardoned after the lords and commons had sent a petition to him for advancing the true religion , and suppressing of papery . he made weston ( who died a papist ) his lord treasurer , and preferred so many papists to places of great trust , as lord lieutenants , deputy lieutenants , justices of the peace , &c. that the commons of england , complain'd by their petition , of near one hundred of all ranks , he restrain'd the ecclesiastical and temporal courts from intermedling with papists , which was little less then a tolleration . he not only schreened , but pardoned mountague his chaplain , whom the commons had voted , had endeavoured to reconcile england to rome , and instanced , that he maintain'd these positions . that the church of rome is , and ever was , a true church ; that images might be used for the instructions of the ignorant , and for exortation of devotion ; that saints have a memory , and a more peculiar charge of their friends ; and that it may be admitted , that some saints have a peculiar patronage , custody , protection and power , as angels also have over certain persons and countrys by special deputation ; that impiously and prophanely scoffed at preaching , lectures , bibles , and all shew of religion ; and though the commons prayed , that for these and other matters , mountague might be punished , and his books burnt , yet the king would do neither , but pardon'd him as aforesaid ; being incensed at the commons prosecuting a man after his own heart . 6. that to the great dishonour of england , the scandal of the protestant religion , and the great weakening of the protestant interest abroad , did lend eight ships ( equip'd with the subsidies given for the relief of his distressed protestant sister , the electress palatine , and the poor oppressed protestants of the palatinate ) to the french king , to fight against the miserable protestants of rochel . captain pe●nington in the vantguard went admiral ; the commanders and mariners protested against the service , though tempted with chains of gold , &c. declaring they would sink rather then fight against their own religion . the duke of rohan , and the french protestants , sollicited the king not to let the ships go again , and had good words and hopes ▪ nevertheless , ordered pennington by letter , dated the 28th . of july , 1625. without delay , to consign the vantguard into the hands of the marquess de effiat for the french king's service , and to require the seven other ships in his name , to put themselves into the service of the french , commanding pennington to use all force , even to sinking in case of refusal . hereupon pennington put his ship into the absolute power of the french king , and commanded the rest to do so ; but the honest sea-men refused to be slaves to the french , and fight against the protestant religion , till forced by shots : but sir ferdinando gerges , to his eternal honour , brought away the neptune with detestation of the action . all the english , men and boys , except ( one gunner who was slain in charging a piece of ordnance , according to his defect ) declined the service and quitted the ships , refusing to serve against the rochellers . in september following , these seven ships were actually imployed against the rochellers , almost to their utter ruin . the french boasted that the vantguard mow'd the hereticks down like grass ; by these wicked means , were these good people wholly lost : they held the town till the year 1628. but were reduced to incredible misery , having lived long upon horse flesh , hides , leather , doggs and cats , &c. there were but four thousand left of fifteen thousand souls , many dyed with famine , and they usually carried their coffins into the church-yard , and there laid themselves and dyed . a sad story , that ought never to be forgotten in the history of our blessed martyr's reign , ( as wickedly call'd . ) 7. that in civil matters , took his peoples goods from them against their wills , and their liberties against the laws ; that pluck'd up the root of all property ; that acted almost like the turks , who send their janizaries , and place their halbards at the door , and then are masters of all ; for in the very beginning of his reign , he levied twelve thousand soldiers contrary to law , and then required the country to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ 8. that appointed commissioners to try , condemn and execute those he unjustly call'd delinquents by martial law , directly against the laws of the land , and some were executed thereby . 9. that struct directly at the property of the subject's goods , by issuing out commissions ( contrary to many laws ) for raising money by way of loan , and the commissioners were ordered to certify to the council board , the names of all refractery persons ; particularly , he demanded one hundred thousand pounds of the city of london , and upon their refusal , he threatned them , saying , he would frame his councils as appartained to a king. 10. that against all law , required , the londoners to set forth twenty ships manned and victualed for three months , against which the mayor , aldermen and common council petition , but to no purpose : being answered , that petitions and pleadings were not to be received , and that the precedents of formers times were obedience , not direction . the deputy lieutenants and justices of the peace of dorsetshire , being commanded to set forth ships , insisted , that the case was without president , for which , they were severely checked , and told , that state occasions were not to be guided by ordinary presidents . those persons of quality , that refused to subscribe to the loan , were turned out of the commission of the peace and lieutenancy . sir peter hayman , upon his refusal of the loan , was commanded against his will , to go upon the king's service , beyond the seas ; others of meaner rank , were either bound to appear before the leiutenancy of the tower , to be enrold for soldiers for denmark , or were impressed to serve in the 〈◊〉 〈◊〉 ▪ sir randolph crew , the then learned lord chief justice of the king's bench , for declaring against the loan , and not giving judgment , that the king might imprison , during pleasure , was turned out , and sir nicholas hide put in his room , who presently complyed with the king. sir thomas darnell , sir john corbet , sir walter earl , sir john hevingham , sir edward hamden , five of the gentlemen imprisoned for refusing the loan , brought their habeas corpus in michaelmas term , in the third year of his reign . the warden of the fleet made his return , that they were detained in his custody by the special command of king ; and sir robert heath , then attorney generral , justified this sort of imprisonment , though no special cause was assign'd , and the lord chief justice hide ( who was made on purpose for it ) did singly give judgment for remanding the gentlemen to perpetual imprisonment . 11. that billotted soldiers ( many of which were papists ) upon whom he pleased for punishments ; these soldiers committed so many disorders , mastered the people , and disturbed the peace , that there was a general out-cry against them , many being undone by them : yet this was not redressed . 12. that in the year 1627. issued a commission under the great seal to several temporal lords , with neal ' and laud , bishops of winchester and bath and wells , and others to raise money by way of excise , and to enforce the payment ( and which is very probable ) to awe the parliament , which was to assemble the 17th . of march ; he 13. upon the 13th . day of january , 1627. sent a private seal to the lord treasurer , to this effect : we command you forthwith to pay to philip burlemark , merchant , thirty thousand pounds , to be paid by him over by bill of exchange into the low countrys and germany , unto sir william balfoure , and john dolbier , esq ( who was a papist ) for levying and providing certain numbers of horse , with arms for horse and foot , to be brought over into this kingdom , for our service , &c. burlemark being afterwards call'd into the house of commons , and examin'd about this matter , declared , that he received the thirty phousand pounds ; that one thousand horse were levied , and these horses and their riders were to come over , and arms were to be provided for them in holland , but heard a countermand was gone to stay them . 14. that caused mr. chambers , a merchant , to be fined two thousand pounds , to be committed to the fleet , until he made his submission , for saying , that the merchants in no part of the world are scrued and wrung as in england ; and that in turkey they have more encouragement . 15. that oppressed and imprison'd all rank or order of men , viz. the earl of bristol was two years confined without being charged with any accusation , or brought to tryal , or permitted to answer for himself for offering to accuse the duke of buckingham . he committed the earl of arrundel to the tower , in time of parliament , without expressing any cause of his commitment , which was a manifest violation of the privileges of the house of peers ; and though the lords presented a remonstrance , yet this lord was long detained prisoner . 16. that sent a threatning message to the house of commons , that if he had not a timely supply , he would betake himself to new councils . which could only mean the putting an end to the use of parliaments . that at another time , said to the lords and commons , remember that parliaments are altogether in my power , therefore as i find the fruits of them , good or evil , they are to continue or not to be . 17. his shameful betraying the poor protestants in the palatinate , and using the money ( given by the charitable protestants of england for their relief ) in equipping ships to be sent to the assistance of the french king , against the poor protestants of the isles of rhee and rochell . 18. that without doubt , had a great hand in the notorious irish rebellion , wherein above 150 thousand poor protestant souls were most barbarously murthered , and this will more plainly appear by reading the commission given by this king in the 17th . year of his reign , dated from edinborough , and also the commission thereupon of peilem oneale , and rorie macguire to all the papists , both english and irish , within the kingdom of ireland ; both which for the readers better satisfaction , are printed at large in this book ; and also a sheet of paper , call'd , murther will out , containing king charles ii's letter to the court of claims in ireland , 1663. requiring the then commissioners to restore the earl of antrim to his estate , for that he had made it appear , he had acted nothing but by order and commission from king charles i. read the letter at large . take notice this earl of antrim had been a very great rebell , yet restored for serving that king , in murthering his protestant subjects ; neither can any impartial men think that king innocent of this wicked act , if they consider how treacherously and basely he delt with the protestants of england , of the palatinate , of the isles of rhee and rochell . what articles he made with france in favour of popery upon his match ; what a mighty influence his popish queen had over him ; how he employed in great places of trust , not only great favourers of popery , but also many profest papists , and was very much advised and govern'd by their counsels to the great sorrow and misery of his po●r protestant subjects ; as also that in the summer before that dreadful october 1641. a committee of the most active papists , all afterwards in the head of the rebellion , were in great favour at white-hall , and admitted to many private consultations there with the king in the queens presence ; and those irish priests departed not thence till within two months before that bloody rebellion and massacre . it was at that time , i morally believe , that king charles favoured the irish massacre , and the irish papists were so well assured of it , that they called themselves the queen's army , and said they had good warrant in black and white for their proceedings , and cryed out against the parliament of england , as the king's enemies . he that has a desire of being satisfied how great a favourer king charles was of papists , let him read mr. pinn's book , called , the royal court favourite . he was very much advised by the then parliament , to send early relief to the poor protestants of ireland , but it is notoriously known , how backward he was therein , and that he suffered them to be sacrificed to the cruel mercy of the irish cut-throats . it is also plain , that the parliament had long and often requested the king to declare the irish , rebels ; yet was this rare protestant martyr so tender of the poor catholicks reputation , for acting according to his commands , that no less than three months past , before he would gratifie the house of commons with proclaiming them rebels , and when he had against his real inclination thus done , he was resolved ; that but a small number should be printed and published , and in order thereunto , the following warrant was sent to the king's printer from his secretary of state. it is his majesty's pleasure , that you forthwith print , in very good paper , and send unto me , for his majesties service , fourty copies of the proclamation inclosed , leaving convenient space for his majesty to sign above , and to affix the privy signet underneath : and his majesties express command , is , that you print not above the said number of copies , and forbear to make any further publication of them till his pleasure be further signified , for which , this shall be your warrant . white-hall , jan. 2. 1641. edward nicholas . see here what special care was taken , that a few only should come to the knowledge of this proclamation , when at the same time it was well observed , he dealt far otherwise by the scots , for they were more sharply proclaimed , and those proclamations with great care and dilligence , dispersed throughout the whole kingdom , and ordered to be read in all churches accompanied with publick prayers and execrations . but his aversion to the proclaiming and proceeding against the irish rebels , is not to be much wondred at ; for they call themselves the queen's army , and declared that they rose to maintain the king's prerogative , and the queen's religion , against the parliament ; much more might be collected from divers authors , of this tragical story , which for brevity sake , i shall now omit . 19. that to his eternal infamy against all laws , both humane and divine , caused a declaration to be published concerning the lawfulness of sports , pastimes , &c. on the lord's day , and gave archbishop laud an order , under his hand , to see that this declaration was printed . read the order , and declaration printed at large in this book ; and also king charces ii's declaration after his restoration . it is a wonderful and amazing thing , that there can be found amongst us , such clergymen and gentlemen , that against all reason and truth , shall make a saint , nay , a martyr , of this ( as you see ) pious king : how these men at the great day of judgment , will be able to answer for the many abominable lies , and blasphemies they have been guilty of , in defending this king's tyrannies and oppressions , and deifying him after a most scandalous rate , is a mystery to me : the publication of this licentious book , was so apparently destructive to religion , and so dishonourable to god , and the king , that the pious and sober clergy of that time , absolutely refused either to read it , or to permit it the said abominable declaration to be read ; and how barbarously , and unchristianly they were used for their refusal , is too well known . 20 that gave wicked , arbitrary and tyrannical orders , instructions and commissions to the earl of strafford , lord lieutenant of ireland ; all which , the said earl , took such care to execute , that the parliament which was made up of grave , able , and discerning persons , fell so severely upon him , that they caused him to be committed to the tower , impeached him , and soon after caused him to be according to his deserts , beheaded . he pleaded the king's authority for what he had done , but the commons saw no reason to acquit him . 't was observed , that tho the king and queen would not publickly solicite for his relief , yet several secret instances were made by them both , to save him that had obeyed their commands , &c. but the just cries of the people , &c. necessitated the king against his will to sign the warrant for his execution . and having now given a short account of the earl of strafford , i think it proper for the satisfaction of all those good people , that desire to be rightly informed , for what laud archbishop of canterbury was most justly beheaded . the house of commons having proof , that he had a great hand in all the arbitrary proceedings and dealings with rome , december 18th . 1640. they voted him to be a traytor ; and mr. hollis was sent to the lords , to accuse him of high-treason , which he did immediately ; assuring the lords , that in convenient time , there should be a charge put in against him , to make good the accusation , desiring that he might be sequestred from the house and committed , which was forthwith done by the lords . the articles wherewith he was charged , consist of these heads , &c. 1. for that he had treacherously endeavoured to subvert the fundamental laws and government of the kingdom of england ; and instead thereof to introduce an arbitrary and tyrannical government against law. 2. that he had laboured to overthrow the authority of parliaments , and the force of the laws of the kingdom of england . 3. that he had laboured to corrupt and pervert the ministers of justice . 4. that he himself had corruptly bought and sold justice in his seat. 5. that he had put a new book of cannons in execution against law. vide 2 vol. 2d . part of rushworth's hist. collect. fol. 1365. & sequent . 6. that he had traytorously assumed to himself a pap̄al and tyrannical power , both in ecclesiastical and temporal matters . 7. that he had laboured to subvert the protestant religion , and instead thereof , to set up popish superstition and idolatry . 8. that he had prefer'd notorious papist to places of dignity . 9. that he had chosen to himself a chaplain popishly affected . 10. that he had kept confederacy and intelligence with popish priests and jesuits . 11. that he had cruelly persecuted godly ministers . 12. that he had laboured to make divisions and discord between us and other churches . 13. that he had stir'd up war and enmity between his majesties two kingdoms of england and scotland . 14. that he had slandened , and incensed his majesty against parliaments . 15. that he had laboured to slander parliaments with the nick name of puritans , and commended the papists for harmless and peaceable subjects . 16. that he had traytorously indeavoured to advance the power of the council table , the cannons of the church , and the king's prerogative , above the laws and statutes of the realm . 17. that he had wittingly and willingly , harboured , countenanced and relieved , divers popish priests and jesuits : and particularly one call'd , sancta clara alias damport a dangerous person , and franciscan fryar ; and did also provide maintenance , and entertainment for one monsieur st. gyles , a popish priest at oxford , knowing him to be a popish priest. 18. that he had threatningly said , there must be a blow given to the church , such as had not been yet given , before it could be brought to conformity . 19. that he punished divers ministers in prosecution of the last cannons , made by himself . 20. that he had wickedly and malitiously advised his majesty to dissolve the last parliament , and presently after it was dissolved , told his majesty , that then he was absolved from all rules of government , and left free to use all extraordinary ways for his supply . these were the chief heads of the charge against that proud , popish , and arbitrary prelate , for which he was sent prisoner to the tower. after some close inquiries and examinations taken from the informations of the late lord deputy of ireland ; it was sufficiently known , that the archbishop was the conduite pipe , through which the popish party , made the pernicious seed of division run so smoothly ; that he was the wicked instrument they made use of to stir up the division between the two kingdoms of england and scotland , and between the protestants of the church of england and the presbyterians . these heavy charges being made good against this bishop , and he most righteously executed for these his notorious evil actions , why are most of our clergy , and some of our laity so wicked , as to vindicate him , and without the least reason , or shaddow of truth , cry him up for a blessed martyr , that had violated all the laws of the land , and was so great a cause of most of the miseries of england ? that to prevent the peoples being too religious , advised and highly promoted the declaration of sports on the lord's day ; a time so odious in the sight of any thing of a christian , that it ought never to be forgotten . 21. that after he had compleatly acted the part of a great tyrant , and thereby had justly lost the general love , esteem , and affection of the best protestants of the three kingdoms . he willingly consented that bishop gauden , bishop duppa , &c. should compose a book , and call it , his portraicture or picture ; and this book the king was to own as his , that it was composed by him , when god knows he had neither so much piety , nor capacity , as that work re-required , though as a noble peer lately said , let that book be written by the king , on by any body else , there is little in it that deserves esteem . the design of this book was three-fold ; the first was , by the lies thereby , to justifie the king 's arbitrary and illegal actions ; secondly , heavily to load the people of england with rebellion , &c. for standing up for the legal liberties and properties belonging to them , though absolutely forced thereunto , to prevent the inundation of misery and popish slavery , that the king and his wicked court favourites were then bringing on the three kingdoms ; thirdly , the cunning drift of the factious and defeated party , design'd to make the same advantage of his book , as they did before of his regal name and authority , and intended it , not only for a defence of the king 's former actions , but also for promoting their own future designs . as for the book , who ever is the real author , has no occasion to value himself for that work , two things being with the greatest ease to be prov'd upon him . first , that he is a most notorious lyer , both as to his assertions of the king's innocency of those sad matters justly laid to his charge , and also of his many unjust accusations of the people of england ; and secondly , that he was a thief , and had so much piety , as to have recourse to the famous sir philip sydney's arcadia ( a romance ) in the time of his troubles , and from thence to steal the prayer of pamelia ( to an heathen diety ) being under imprisonment ; not finding a suitable form in the liturgy , psalms of david , or any other places of the sacred scripture . and that the reader may be satisfied of the truth of this piece of thievery , i have thought fit to print both prayers in collums one against the other . that of pamelias may be found in pembrook's arcadia , p. 248. 13 edit . printed 1674. that of king charles i's , is call'd a prayer in time of captivity , printed in a great folio , call'd , the works of king charles , and also in his eicon basilike . the king's prayer . pamelia ' s prayer to the heathen deity . o powerful , o eternal god , to whom nothing is so great , that it may resist , or so small , that it is contemn'd ; look upon my misery with thine eye of mercy , and let thine infinite power vouchsafe to limit out some proportion of deliverance unto me , as to thee shall seem most convenient . let not injury , o lord , triumph ever me , and let my o all seeing light , and eternal life of all things , to whom nothing is either so great , that it may resist , or so small , that it is contemn'd ; look upon my misery , with thine eye of mercy , and let thine infinite power vouchsafe to limit out some proporrion of deliverance unto me , as to thee shall seem most convenient . let not injury , o lord , triumph over me and 〈◊〉 〈◊〉 faults by thy hand be corrected , and make not mine unjust enemies the minister of thy justice . but yet , my god , if in thy wisdom , this be the aptest chastisment for my unexcusable folly ; if this low bondage be fittest for my over high desire ; if the pride of my ( not enough humble ) heart be thus to be broken , o lord , i yield unto thy will , and joyfully embrace what sorrow thou wilt have me suffer ; only thus much let me crave of thee ( let my craving , o lord , be accepted of thee , since even that proceeds from thee ; ) let me crave even by the noblest title , which in my greatest affliction , i may give my self , that i am thy creature , and by thy goodness which is thy self ; that thou wilt suffer some beam of thy majesty to shine into my mind , that it may still depend confidently on thee ; let calamity be the exercise , but not the overthrow of my vertue ; let their power prevail , but prevail not to destruction ; let my greatness be their prey ; let my pain be faults by thy hand be corrected , and make not my unjust enemies the ministers of thy iustice. but yet , my god , if in thy wisdom , this be the aptest chastisment for my unexcusable transgression ; if this ungrateful bondage be fittest for my over high desires if the pride of my ( not enough humble ) heart be thus to be broken , o lord , i yield unto thy will , and chearfully embrace what sorrow thou wilt have me suffer ; only thus much let me crave of thee ( let my craving , o lord , be accepted of , since it even proceeds from thee ) that by thy goodness , which is thy self , thou wilt suffer some beam of thy majesty , so to shine in my mind , that i , who in my greatest affliction , acknowledge it my noblest title to be thy creature , may still depend confidently on thee ; let calamity be the exercise , but not the overthrow of my vertue ; o let not their prevailing power be to my destruction ; and if it be thy will that they more and more vex me with punishment , yet , o lord , never let their wickedness have such a hand , but that i may still carry a pure mind and stedfast resolution , ever to serve thee without fear , or presumption , yet with that humble confidence , which may best please thee ; so that at last i may come to thy eternal kingdom , through the merits of thy son our alone saviour . iesus christ. amen . the sweetness of their revenge ; let them ( if so it seem good unto thee ) vex me with more and more punishment ; but , o lord , let never their wickedness have such a hand , but that i may carry a pure mind in a pure body ; and pausing a while , o most gracious lord , said she , whatever becomes of me , preserve the vertuous mu idorus . having now given an account of the design of publishing this special book , and also what it is composed of , i shall now produce divers reasons ( enough i think to convince any rational man that will not be willfully blind . and first , i shall give you the noble earl of anglesey's memorandum , perfixt before the book reputed to be king charles i's , called , icon basilice , and found by edward millington , who sold the said earl's library , all written with the earl's own hand , in these words : king charles the second , and duke of york , did both ( in the last session of parliament , 1675. when i shew'd them in the lord's house , the written copy of this book , wherein are some corrections , and alterations written with the late king charles i's own hand , assure me , that this was none of the said king 's compiling , but made by dr. gauden , bishop of exeter ; which i here incert for the undeceiving others in this point , by attesting so much under my hand . anglesey . this noble earl's advertisement , or memorandum , must have the greater weight , for that he concealed it ( for ought i can hear ) from the publick , which doubtless he would not have done , if he had had any design to carry it on by making it publick . this memorandum being true , the world has the words of two kings , that bishop gauden , and not king charles , composed this lying book : for further proof , that dr. gauden writ this book , take a summary account of some papers relating , eicon basilice , now , or lately in the hands of mr. north , merchant , living on tower hill , london ; whereby it appears that dr. gauden , late bishop of exeter , and afterwards of worcester , was the author of that book , and not king charles i. as the world hath for above forty years been imposed upon to believe . mr. north is a worthy person , and a member of the church of england ; he , and mr. charles gauden ( the bishop's son ) married two sisters , and mr. gauden dying about ten years since , all his papers were left with his widow , and mr. north having occasion to look them over , for some relating to his sister-in-laws affairs , found these relating to the eicon basilice , carefully tied up together . mr. north , by reason of his marriage , had many years acquaintance with bishop gauden's family , and knows that the bishop's widow , at first gave them to her darling son , john gauden , and upon his death , they came to mr. charles gauden . and further , that in his many years knowledge of that family , it hath constantly , and without any manner of doubt , been declared , that the bishop was the author of the book . there are several letters and papers , i shall briefly give the contents of them , for the truth of which , i shall refer to the original papers , and to those many reverend and worthy persons , who have read , or been at the reading of them . bishop gauden , at the time of king charles the second's restauration , was incumbent of bocking in essex , and from that fat parsonage was promoted to the lean bishoprick of exeter , which he complain'd was not sufficient to keep up the port of a bishop , and thought that by his merits he might lay claim to a better ; and the death of dr. duppa , bishop of winchester , being daily expected , he apply'd himself to the king , with great importunity , to be translated thither ; pleading his desert , which , as is evident from the papers i mention , could be no other than that of having written a book which did such great service to the royal family , that king charles the 2d . thought himself oblig'd to promise him that bishoprick , tho' when it became void gave it to an other . 1. there is letter from sir edward nicholas , secretary of state , to dr. gauden , dated january 1660 , wrote by the king's command , intimating the king had received his letter , and that he should not have cause to complain of his removal from bocking . 2. in the bishops letter to chancellor hide , dated 28. december 1661 , and his petition to the king , the bishop sets forth , that he had an high rack [ the bishoprick of exeter ] but empty manger ; and declares what hazards he had run of life and estate ; and what great advantage had accrued to the crown by his service : that what he had done was for comforting and incouraging of the king's friends , exposing his enemies , and converting , &c. he pleads that what was done like a king , should have a king-like retribution ; and instances in the cases of joseph , mordecai , and daniel , who were honoured and rewarded for the service they did to the respective princes , ( tho' as he observes ) they were captives in a strange land. 3. the bishops letter to the duke of york , dated the 17th of january 1661 : strongly urges the great services he had done , and importunately begs his royal highness , to intercede for him with the king. 4. there is an original letter from the lord chancellor hide ( all of his own hand writing ) to the bishop of exeter , dated 13th . of march 1661 , importing , that the chancellor had received several letters from him : that he was uneasy under the bishop's importunity , excuses his not being yet able to serve him ; speaks of annexing a commendum to his bishoprick ; and towards the close it hath this remarkable expression , the particular you mention , has indeed been imparted to me as a secret ; i am sorry i ever knew it , and when it ceases to be a secret , it will please none but mr. milton . this is subscribed , edw. hide , c. 5. mrs. gauden after the death of the bishop , writes to her son mr. john gauden , that she had sent him an hogshead of cyder , and orders some pictures to be sent her by the same man. in this letter she speaks of the book commonly call'd the kings ; she calls it the jewel ; and tells her son , that her husband hoped to make a fortune by it , and wonders it should be doubted whether her husband wrote it ; but says , she has a letter of a very great man 's that will clear it up . 6. there is also a long narrative of mrs. gauden's hand-writing , shewing , that her husband wrote the book . this she sent to her son , with the letter , wherein she said , she had sent it that she might be a clavis to him . the narrative sets forth , that after her husband had wrote the book , he shewed it to the lord capel , who approved it , and was for the printing of it ; but wished the king might have a sight of it . that an opportunity was taken to convey it to his majesty by the lord marquiss of hertford , when he went to the treaty at the isle of wight . that the marquiss after his return from thence , told her husband , that he gave the book to the king ; and his majesty did not like it , but was for putting it out , not as his own , but another's . but it being urged , that cromwel , and others of the army , having got a great reputation with the people , for parts and piety , it would do best to be in the king's name . his majesty took time to consider of it . that the marquiss told her husband , he knew not what was become of the papers ; and said , god knows what will become of the king. that her husband not hearing the king's pleasure about it , and finding danger hastening on him , he having kept a copy by him , sent it by one mr. symmonds , a persecuted minister , to the press , together with a letter . that mr. royston was the painter , but did not know but the king wrote it : that part of it was seized in the press , together with her husband's letter , and mr. symmonds was taken . nevertherless the work was carried on , and finished a few days after his majesty's death : that when it was published , the parliament was enraged ; and her husband conceiving his life and estate to be in danger , fled to sir john wennworth's , near yarmouth , intending thence to pass the seas : but mr. symmonds falling sick , and dying soon after , not having been examin'd , and it not being discovered that her husband was concern'd in it , ( the letter which had been taken having no name to it ) he altered his purpose , and returned home . that there was an epistle at first intended : that the first title was suspisia regalia , but changed to eicon basilice ; and that there were two chapters added . that the marquiss of hertford , the lord capel , bishop duppa , and bishop morley , were at first the only persons privy to it . that after the king's restoration , dr. morley told her husband , that his merit was such , that he could ask nothing but he could receive it . that duppa , bishop of winchester , being very sick , her husband went to the king , and acquainted him that he was the author of the book ; and for the truth thereof appealed to bishop duppa , his majesty's tutor , who was yet living ; and made an apology for printing it , without his majesty's father's order , or his ; but pleaded the circumstances of time , and the king's danger . that his majesty told her husband , that till then , he never knew that he wrote it , but thought it was his father's ; yet wondred how he could have time : and observed that it was wrote like a scholar , as well as like a king ; and said that if it had been published sooner , it might have saved his fathers life . that at the same time the king gave him a promise of the bishoprick of winchester . that when he afterwards acquainted the duke of york that he was the author of that book , yet went under his father's name , the duke answered , he thought his father wrote it . that her husband then told his highness , that the king had promised him the bishoprick of winchester ; and that his highness assured him of his favour . that bishop duppa dying , her husband apply'd to the king upon his promise ; but dr. morley , ( who had told her husband that he might have what he would ask ) got it ; and her husband was made bishop of worcester ; but having enjoy'd it but about half a year , fell sick and dyed . that she petitioned the king ; setting forth . that her husband left her a widdow , with four sons and a daughter : that it cost her husband 200 l. to remove from exeter to worcester ; and pray'd his majesty to bestow the half years rents upon her , which he denied , and gave them to another . reader , take notice , this is the substance , tho' not perhaps the express words of mrs. gaudens papers , and it could be wished , that the papers themselves were made publick , then this short account would be fully justified . i cannot dismish this matter without admiring the remarkable providence of god , in the several steps towards the discovery thereof , which was the interest of so great a number of men , to have for ever concealed and buried . and 1. had not dr. gauden been disappointed of the bishoprick of winchester , we should never have heard of his compiling the icon basilice ; nor would he ever have bragg'd , that he had done like a king , if he had had a king-like retribution . 2. had mrs. gauden but been made bishop of worcester for half an year , she would probably have robb'd her husband of the glory of this book , and suffered it to have been for ever a jewel of the crown . that the world may have a further satisfaction in this matter , i shall give a short account of what the reverend and pious dr. walker , lately rector of feyfield in essex , hath written and published a short time before he died , in answer to the ignorance and lying impertinence of dr. hollingworth , dr. anthony walker , in this book call'd the true account of the author , of a book entitled , icon basilice , &c. gives the reason of his writing on this subject . it was occasion'd by dr. hollingworth's reproachful charge on him , for declaring , that king charles i. was not the author of that book . he secondly , solemnly appeals to the searcher of hearts , avenger of falshood , and revealer of secrets ; that he will write nothing for truth , that he was not thoroughly perswaded of , and that by as full evidence as he judged such a matter of fact wanted , and at such distance of time , is capable of . thirdly , that he will with undisguised openness , produce the means of his knowledge , the reasons of his belief , and the probable arguments upon which his opinion is grounded . his word are these : fol. 3. sect. 11. i know and believe the book , whose author is enquired after , was written by dr. gauden , ( except two chapters writ by bishop duppa ) so far as the subjoined means may produce such knowledge , and the reasons may induce such belief . first , dr. gauden , sometime before the whole was finished , was pleased to acquaint me with his design , and shewed me the heads of divers chapters , and some of the discourses written of them , and after some time spent in persual , he vouchsaft to ask my opinion concerning it , and after some consideration , i told him , i supposed , it would be much for the king's reputation , honour and safety : but i expresly added , i stuck at the lawfulness of it , and modestly asked him , how he satisfyed himself , so to impose upon the world ? to which he so readily replied , that i concluded he had thought on it before , viz. look on the title , 't is the portraicture , &c. and no man draws his own picture , which satisfyed himself ; and that he perfectly remembers , that in the 2 chapter of the earl of strafford , in the first edition , p. 8. l. 18 , 19 , 20. he explain'd , that he meant dr. juxton , then bishop of london , in the following passage , viz. he only hath been least vext by them , who counsel'd me , not to consent against the vote of my own conscience . secondly , that some good time after , what had passed as now related , we being both in london , and having dined together , dr. gauden in the afternoon desired me to walk with him to a friend ; when we were gone part of the way , he told me he was going to the bishop of salisbury , dr. duppa ( whom he had acquainted with his design ) to fetch what he had left with his lordship to be perused , or to shew him what he had further written , desired me after a little conversation , to with-draw and leave them two alone , which i did , and after they had been some considerable time together , dr. gauden returned , and in the street gave me this account of their conference . my lord of salisbury told me there were two subjects more , he wished i had thought on , and propounded them to me , viz. the ordinance against the common prayer book , and the denying his majesty the attendance of his chaplains ( which are now the 16th . and 24th . chapters in the printed book , and desired me to write two chapters upon them , which i promised , i would . but before we parted , he recalled that request , and said , i pray go you on , to finish what remains , and leave these two to me : i will perpare two chapters upon them , which accordingly he did , as dr. gauden owned to me and others whom he had made privy to the whole , and never pretended to have written these , as he did to have done all the rest . thirdly , sometime after the king was beheaded , i asked dr. gauden , whether the king had ever seen the book ? he gave me this answer , i know it certainly , no more then you ; but i used my best endeavours he might , for i delivered a copy of it to the marquess of hartford , when he went to the treaty at the isle of wight , and intreated his lordship , if he could obtain any private opportunity , he would deliver it to his majesty , and humbly desire to know his pleasure concerning it . but matters running then high against the king , he had no answer by that lord. fourthly , after he was lord bishop of worcester elect , i asked him in private , whether that king charles ii. knew that he wrote it ? he gave me this answer ; i cannot possitively and certainly say , he doth , because , he was never pleased to take express notice of it to me . but , i take it for granted , he doth ; for i am sure the duke of york doth , for he hath spoken of it to me , and own'd it as a seasonable and acceptable service , and he knowing it , i question not but the king also doth . fifthly , mrs. gauden his wife , mr. gifford ( who , if i am not mistaken , transcribed that copy that was sent to the isle of wight ) and my self , believed it as much as we could any thing , and when we spake of it in his presence , or absence , did it , without the least doubt of his having writ it ; and we should be imposed upon to the highest degree imaginable , if dr. gauden wrote it not . sixthly , dr. gauden delivered to me with his own hand , what was last sent up ( after part was printed , or at least in mr. royston's hand to be printed ) and after he had shew'd it me , and sealed it up , gave me strict caution , with what wariness to carry and deliver it , and according to his direction , i delivered it , saturday december 23d . 1648. in the evening to one peacock ( brother to dr. gauden ' s steward or bayliff ) who was instructed by what hands he should transmit it to mr. royston , and in the same method , a few days after the impression was finished , i received six books by the hand of mr. peacock , as an acknowledgment of that little i contributed to that service ; one of which i have still by me , and to justifie this matter against the ignorant impudence of dr. hollingsworth , he declares fol. 15. that he is ready to confirm his knowledge and belief herein with a solemn oath . mrs. gauden , widow , residing at gloucester , and often declaring that her husband had writ that , call'd , the king's book , it coming at last to the knowledge of dr. nicholson then bishop of gloucester , who desiring to be fully satisfied in that point , did put the question to her , upon her receiving the sacrament , and she then affirmed , that it was wrote by her husband . this , persons of undoubted credit now living in gloucester , can affirm for a truth ; and it is not question'd , but the present bishop of gloucester , will acknowledge that those persons have related this matter to him , that it is well known to mrs. gauden's brother , and several of her relations , that mrs. gauden constantly in her conversation , declared , that her husband was the author of this book . i could , if necessity requird , produce a great many arguments more out of doctor walkers , or other writings , to prove the truth of this matter , but shall conclude it with this one of the doctors , in reference to the providence of this discovery . though god had many holy , righteous and gracious ends to serve his providence by , in the publication of this book ; yet as i find it expressed in this very book , chap. the last p. 262. of the first edition . god's wise providence ( we know ) oft permits many events , which his revealed word , in no sort approves . and , i confess , i have many cogent reasons to persuade me , that god was not well pleased with dr. gauden , others , or my self ; for what we contributed to it . and though for the aforesaid ends , he suffered it to succeed , yet i know not but he may have other ends now to serve , by suffering this discovery to be wrung , and rested from me , ( i had almost said ) by some bodies ( viz. hollingworths ) impertinent affectation , to meddle with what he understands not . thus spake that good man. i had not enlarged so much on this 21st . article , but that i was desirous of giving full satisfaction to the world , of the real author of eicon basilice . that posterity might not be deceived by the many impudent , ignorant , false , and scandalous assertions of most of the clergy , and too many of the laity , who to their eternal shame have taken more care and pains to defend that book , and its pretended author king charles i. than they done to vindicate the holy bible , and the truth of the christian religion . 22. that caused the star-chamber and high-commission-courts to be made use of , to the general grievance of the people of england , and was unwilling to part with them , till he found these courts were highly offensive to the parliament , and that it was not seasonable to displease the kingdom at that time , for which reasons at last he pass'd the bills to take them away : and indeed there were many , and great reasons , why those abominable oppressive courts should be pull'd down , and taken away . for that old serpent arch-bishop laud , and divers of his brethren , had cast off all humanity , and were metamorphosed into ravenous wolves , and these courts were under their management . the star-chamber had abounded in extravagant censures , whereby the subjects were oppress'd by grievious fines , imprisonments , stigmatizings , mutilations , whippings , pillories , gags , banishments , &c. and the high commission court , was grown to such excess of sharpness and severity , as was not much less than the spanish inquisition . to repeat two or three of the many instances of the horrid oppressions , and barbarous cruelty , exercised in these tyrannical courts . upon the 17th . of february , 1629. dr. leighton coming out of black fryers church , ( it seems then he was no conventicler ) was seized by a warrant from the high commission court , and dragged to bishop laud's house ; from thence without any examination , he was carried to new-gate , and there clapt into irons , and thrust into a nasty hole , where he continued from tuesday night , till thursday noon , without meat or drink : they kept him in that loathsome place , where snow and rain beat in upon him fifteen weeks , not permitting his wife , or any friend , to come near him , and denyed to give him a copy of his commitment ; then they brought him into the star-chamber court , where an information was exhibited against him , for publishing a book , call'd , lyon's plea against the p●lates . dr. leighton confess'd , that in 1628. he drew up the heads of that book , and having the approbation of five hundred persons , under their hands , some whereof were parliament men. he went into holland , and got between five and six hundred printed for the use of the parliament ; but they being dissolved , he returned home , not bringing any of them into the land , but made it his special care to suppress them . in the same information , the doctor was charged with these words in the said book ; he do not read of greater persecutions of god's people in any nation professing the gospel , then in this our island , especially since the death of queen elizabeth . he confessed the words , and answered , that the thing was too true , as appeared by the prelates taking away life and livelihood from many ministers and private men ; of whom , many were pined to death in prison , and many wandred up and down , their families being left desolate and helpless : that besides this , the blood of souls had been endanger'd by the removal of the faithful shepheards from the flock ; this was a cutting truth . and wicked laud , being enraged , desired the court to put the highest censure that could be put upon him ; which they did to his content , condemning him to have his ears cut , his nose slit , to be branded in the face , whipped at a post , to stand on a pillory , to pay ten thousand pound fine ( tho' they knew he was not worth so much ) and to be perpetually imprisoned . this hellish sentence being past , that vile wretch laud was so well pleased with it , that he pull'd of his cap , and holding up his hands , gave thanks to god who had given him victory over his enemies . this sentence being so miserably severe , the execution thereof was little expected . but , laud had his design ; for upon the 26th . of november , 1630. the censure was executed in a most cruel manner , his ears were cut , his nose slit , his face branded with burning irons , he was tyed to a post , and whipped with a treble cord , to that cruel degree , that he himself writing the history thereof ten years after , affirmed that every lash brought away the flesh , and that he should feel it to his dying day . he was lastly , put into the pillory , and kept there near two hours in frost and snow ; and then , after this most barbarous usage , not permitted to return to his quarters in the fleet prison , in a coach provided to carry him , but compelled in that sad condition , and severe season , to go by water . after this , was kept ten weeks in dirt and mire , not being sheltered from rain and snow ; they shut him up most closely , twenty two months , and he remain'd a prisoner ten or eleven years , not suffered to breath in the open air , until that noble parliament of november , 1640. most happily delivered him . when he came abroad to prosecute his petition , in that parliament , he could neither go , see , nor hear . this dismal story , will be an eternal blot , not only on laud , who was the chief instrument in that sad oppression , but also upon the pretended martyr king charles , for permitting such barbarous , and inhumane cruelties to be exercised on his subjects . i shall shew you something more of this bloody villains barbarity , viz. that upon the first of february , 1632. laud procured mr. prin , to be sent close prisoner to the tower , there he lay till the 21st . of june , 1633. when an information ( without mentioning any particular passages in his book ) was exhibited against him , in the star chamber court , for publishing a book concerning interludes , intitled , histriomastix , which was licensed by a chaplain of dr. abbatts , archbishop of canterbury . upon the 17th . of february , 1633. notwithstanding his book was licensed , yet he had this heavy sentence passed upon him , viz. to be imprisoned for life , pay five thousand pounds fine , be expelled lincolns-inn , disabled to exercise the profession of a barrister , degraded by the university of oxford of his degrees there taken ; and that done , to be set in the pillory at westminster , and have one of his ears there cut off , and at another time , to be set in the pillory in cheap-side , and there to have his other ear cut off . though many of the lords never dreamt of the execution of this horrid judgment , nay , though queen henrietta maria , ( which deserves an honourable mention ) and she shall have it , for she was the present king 's royal grandmother , earnestly interceded with the biggotted , cruel , and merciless king , ( who was an abominable t — ) to remit its execution ; yet on the 7th . and 10th . of may , it was fully executed with great rigour , and mr. prin remain'd sundry years in the tower upon this censure . mr. burton , and dr. bastwrick , were also without the least just cause violently prosecuted after the same manner ; it will be too tedious to relate theirs and others unchristian uses ; when tyranny and arbitrary power were rampant . 23. that against the law of nature , against the rules of iustice , falsely charged those innocent men , the noble lord mandeville , mr. hollis , mr. strode , and others , with treason , for which in the face of the highest iudicature in the kingdom , they were most unjustly imprisoned , the king denying them the names of their accusers ; and which was an act of tyranny beyond parrallel , he accused them , and yet would produce no witness , he confessed them clear in his own iudgment , yet they must not profess their own innocency for fear of wounding his honour . 24. that was not satisfied with imprisoning and oppressing some of the parliament men , but tempted and incouraged his english army , with no less than the spoil of the city of london , to come up and destroy the parliament . he in an hostile and inexcusable manner , made a most high invasion upon the priviledges of both houses ; hereupon many citizens unarm'd , resorted to westminster to present their petitions , and express their stedfastness to the parliament , whose lives and safety , by more than slight rumours , they doubted to be in danger ; the king having fortified white-hall , and entertained armed men , not a few , planted them at the gate of his palace . [ 't is remarkable , the first blood that was drawn in this cause , was in that very place where the king 's own blood was afterwards shed , 1 k. 21. 19. ] where they reviled , menaced , and with drawn swords , actually wounded many of the citizens , as they passed by in a peaceable manner , whereof some dyed . nay , they went farther , and were come to that height of boldness , as to give out insolent and menacing speeches against the parliament it self , and to imbrue their hands in the blood of the king's subjects in westminster-hall , and at the doors of the parliament , as well as at his own gate . and when the parliament and people complain'd , and demanded justice for those assaults , the king justified and abetted his own crew in what they did . nor can the passing by of a multitude of the king's subjects , armed with no other weapons then petitions , be justly call'd tumults ; neither could the parliament have forbid them , without the breach of the peoples freedom . unarmed petitioners surely could not le formidable to any ; and it must not be forgotten , that a very short time before his majesty pretended to dread these tumultuary citizens , the city entertained , feasted , and conducted him to white-hall , with as pompous sollemnity , and costly expressions of love and duty , as ever had been known . nay , after he had highly exasperated the people by his irruption with the house of commons , he went in his coach unguarded into the city : he received not the lest affront , much less , violence in any of the streets , but rather humble demeanours and supplications . he knew the people so full of awe and reverence to his person , as to commit himself single amongst the thickest of them , at a time when had most● provoked them : this shews beyond doubt , that all his fear of tumults , was but a meer pretence , and occasions taken for his resolved absence from the parliament , that he might turn his slashing at the court gate , to slaughtering in the field . in order thereunto , the king retires first to hampton court , commanding his servants , who were then members of parliament , to leave their service there , and to give their attendance upon his person . soon after , his popish queen passes into holland , carrying with her , all , or the the greatest part of the crown jewels , which she immediately pawn'd , and with the money bought arms and ammunition for the war which was not yet begun . upon the 1st . of march , 1641. both houses called upon his majesty , by their petition presented at theobalds that for the dispatch of the great affairs of the kingdo● , the safety of his person , the protection and comfort of his subjects , he would be pleased to continue his abode near the parliament , and not to with-draw himself to any of the remoter parts , which if he should do , must needs be a cause of great danger and distraction ; and they pray'd him to accept this humble counsel , as the effect of that duty and allegiance which they ow'd unto him , and which would not suffer them to admit of any thoughts , intentions , or endeavours , but such as were necessary and advantagious for his majesties greatness and honour , and the safety and prosperity of the kingdom . ; these are expressions surely , that did not in the least favour of that sedition and rebellion , with which our wicked clergymen , charge the memory of this great and noble parliament . the king willingly giving himself up to the conduct of evil counsellors , was deaf to the importunate supplication of the lords and commons for his return ; they therefore called again upon him more earnestly , and sent after him a declaration to new-market , by the earls of pembrook and holland , and a committee of the commons , wherein they laid before him the causes of their own fears and jealousies , in these particulars : 1. that the design of altering religion , had been potently carried on , by those in greatest authority about him ; the queen's agent at rome , the pope's nuncio here , are not only evidences of this design , but have been great actors in it . 2. that the war with scotland , was procured to make way for this intent , and chiefly fomented by the papists , and others popishly affected , whereof we have many evidences . 3. that the rebellion in ireland , was framed and contrived here in england ; and that the english papists should have risen about the same time : we have several testimonies , &c. the irish rebels affirm , that they do nothing but by authority from the king ; they call themselves the queen's army ; the booty which they take from the english , they mark with the queen's mark , and it is proved , that their purpose was to come to england , after they had done in ireland . 4. the labouring to infuse into your majesties subjects an evil opinion of the parliament , and other symptons of a disposition of raising arms , and dividing your people by a civil war , in which combustion , ireland must needs be lost , and this kingdom miserably wasted and consumed , if not wholly ruined and destroyed . 5. that your majesty sent away the lord digby by your own warrant beyond sea , after a vote had passed in the house of commons , declaring , that he had appear'd in a warlike manner at kingston upon thames , to the terror of your majesties good subjects ; that he being so got beyond sea , he vented his traiterous conceptions , that your majesty should declare your self , and retire to a place of strength , and intimated some service which he might do in those parts , whereby , in probability , he intended the procuring of some foreign force to strengthen your majesty , in that condition into which he would have brought you ; which malicious counsel , we have great cause to doubt , made too deep an impression in your majesty , considering the course you are pleased to take , of absenting your self from that parliament , and carrying the prince with you , which seems to express a purpose in your majesty to keep your self in a readiness for the acting of it . 6. the manifold advertisements which we have had from rome , venice , paris , and other parts , that they still expect that your majesty has some great design in hand , for the altering of religion , the breaking the neck of your parliament , and that you will yet find means to compass that design ; that the pope's nuncio hath sollicited the kings of france and spain to lend your majesty 4000 men a piece , to help to maintain your royalty against the parliament . these are some of the grounds of our fears and jealousies , which made us so earnestly to implore your royal authority and protection for our defence , and security , in all the ways of humility and submission , which being denyed by your majesty , we do with sorrow apply our selves to the use of that power [ viz. the militia ] which by the fundamental laws of this kingdom , resides in us ; yet still resolving to keep our selves within the bounds of faithfullness , and allegiance to your sacred person and your crown . and as to the fears and iealousies which his majesty seem'd to have entertained of them . the lords and commons thus answered . we have according to your majesties desires , laid our hands upon our hearts ; we have asked our selves in the strictest examination of our consciences ; we have searched our affections , our thoughts ; considered our actions , and can find none that can give your majesty any just occasion to absent your self from white-hall , and the parliament ; but that you may with more honour and safety continue there , than in any other place . your majesty lays a great charge upon us ; if you will graciously be pleased to let us know the particulars , we shall give a clear and satisfactory answer : but what hope can we have of ever giving your majesty satisfaction , when those particulars which you have been made believe were true , yet being produced and made known to us , appeared to be false ; and your majesty notwithstanding , will neither punish , nor produce the authors : but go on to contract new iealousies and fears , upon general and uncertain grounds , affording us no means or possibility of particular answer , to the clearing of our selves . we beseech your majesty to consider in what state you are , how easie and fair a way you have to happiness , honour , and greatness , plenty and security , if you will joyn with the parliament in the defence of the religion , and publick good of the kingdom ; this is all we expect from you . and for this we return to you , our lives , fortunes , and utmost endeavours to support your majesty , your just power and soveraignty over us ; but it is not words that can secure us in these our humble desires . we cannot , but too well and sorrowfully remember , what gracious messages we had from you this summer , when with your privity , the bringing up the army was in agitation : we cannot but with the like affections recall to our minds , how , not two days before your own coming to the commons house , you sent a gracious message , that you would always have a care of their priviledges , as of your own prerogative ; of the safety of their persons , as of your own children : that which we expect , which will give us assurance , that you have no thought but of peace and justice to your people , must be some real effect of your goodness to them , in granting those things which your present necessity of the kingdom do inforce us to desire ; and that you will be graciously pleased to put from you those mischievous counsellors , which have caused all these dangers and distractions , and to continue your own residence and the princes , near london and the parliament , which we hope will be an happy beginning of contentment and confidence betwixt . your majesty and people , and be followed with many succeeding blessings of honour and greatness to your majesty , and of security and prosperity to them . these are brief heads of the declaration , to which the king answered : have i violated your laws ? to which both houses made this pertinent reply . we are heartily sorry we have such plentiful matter of an answer to that question , have i violated your laws ? i must also take notice , that in the beginning of the year , 1642. a time when the king was in appearance transacting matters amicably with the two houses , and we seemed to be in a deep peace ; a time when he declared , that he had received no other carriage from his parliament , than what he professed himself satisfied with ; and that if the bills he had past , were again to be offered , he should cheerfully and readily assent unto them . even then , he dispatch'd away letters , and an agent to the king of denmark , complaing of the parliament , and asking supplies from thence , ad propul sandos hostes , you know the english of that is , to subdue his enemies , and declared himself in these words ; ad allia consilia animum convertendum duximus : we resolve to betake our selves to new counsels . the very words he used to that parliament in the year , 1628. further , upon the discovery of his plot to bring up the english army against the parliament , he turn'd to the scottish army then at new castle , and baited his temptation with a rich reward , not only to have 300000 l. in hand , and the spoil of london , but four northern counties to be made scotists . moreover , to encourage them to joyn with him , he declared to them , that he was to have money and horse from denmark , and that he would make york the place of his residence , for the better accommodation of both nations , or fuller revenge upon london . he also gathered men in london , under pretence of raising forces for portugal , who were to possess themselves of the tower. the queen in holland was buying arms , and his majesty had actually raised forces in divers counties . the parliament was all this time petitioning in peace ; and for the reasons now assigned amongst many others , they humbly besought him , that he would be pleased to put the tower of london , and the militia , into the hands of such persons , as should be recommended unto him by both houses of parliament . the king seemed to comply herein , and by his answer promised them , that the militia should be put into such hands , as they should approve of , or recommend to him ; hereupon both houses nominated persons of the greatest honour , as fit for that trust. i shall give you the names of some of them ; the earls of holland , rutland , bedford , bullingbrook , salisbury , warwick , pembrook , leicester , stamford , essex , clare , northumberland , lincoln , suffolk , &c. lords , paget , north , strange , roberts , grey of werk , chandois , dacres , mandeville , wharton , spencer , brook , herbert , fielding , littleton , lord keeper , &c. men eminent in all qualifications of honour and sufficiency were recommended for several counties , and the king was desired to agree thereunto , as he had promised ; upon his delaying to give a satisfactory answer , they again petition , setting forth , that nothing could enable them to suppress the rebellion in ireland , and secure england , but the granting of their humble petition , which they find so absolutely necessary for the preservation of the king and common-wealth , that the laws of god and man injoin them to see it put in execution . they followed him to theobalds , and his several removes to york , but he having abdicated the parliament , and being deaf to all their importunities , they declared , that there had been of late a most desperate design upon the house of commons , which they had just cause to believe was an effect of the bloody councels of papists , and other evil affected persons , who had already raised a rebellion in ireland , and by reason of many discoveries , they could not but fear they would proceed , not only to stir up the like rebellion and insurrection in this kingdom , but also to back them with forces from abroad ; and thereupon , both houses made an ordinance for the ordering of the militia of england and wales , there appearing an urgent and inevitable necessity for putting his majesties subjects in a posture of defence for the safeguard of both his majesty and his people ; and they resolved , that in this case of extream danger , and of his majesties refusal , the ordinance agreed to by both houses for the militia , doth oblige the people , and ought to be obeyed by the fundamental laws of this kingdom . they further about that time resolved , that the king's absence so far remote from his parliament , was not only an obstruction , but might be a destruction to the affairs of ireland . these ( and many other ) reasons that may , with the greatest ease be given , 't is notoriously manifest , that king charles began , and carryed on , that bloody civil war against his poor subjects without the least colour of reason and iustice , for which wicked acts , god justly suffered him to be brought to that shameful and untimely end. this king studdying and endeavouring by all ways imaginable , as he lived without the love , so he died without the lamentation of most people , but those villains , that had been large instruments , in bringing him , and his people , into that miserable war and division . 25. that after he had taken god to witness of his readiness to treat at uxbridge with the parliament for avoiding of blood-shed ( as pretended ) he took the advantage of a mist , the fittest weather for deceit and treachery , and followed at the heels , those messengers of peace , with a train of covert war , and with a bloody surprise falls on the parliaments secure forces , which lay quartering at brentford , in the thoughts and expectation of a treaty . he gives his reason why he seemed for peace , in a letter to his queen , which was , that she must know as a certain truth , that all , even his party , are strongly impatient for a peace , which oblidged him so much the more to shew on all occasions his intentions to peace ; but tells her , no danger of death shall make him do any thing unworthy of her love. an excellent resolution no doubt , for the preserving the protestant religion , made to his popish queen . at the very instant of this treaty , which was in 1644. the king used all imaginable meams to bring not only foreign forces , but the irish cut throats , against the parliament . to clear up this point , and also to shew how insincere he was in his pretended intentions of peace , i will briefly present his underhand transactions , as well with foreign princes , as those rebels ; and in the first place , i shall take notice of some passages between him and the queen , in relation to this , and other treaties . in a letter to her of january 9th . 1644. he writes thus : the scots commissioners have sent to me to send a commission to their general assembly , which i am resolved not to do , but to the end of making some use of this occasion , by sending an honest man to london , and that i may have the more time for a handsome negative , i have demanded a pasport for phil. warwick , by whom to return my answer . at another time the same month he tells her , that as for my calling those a * parliament , if there had been but two of my opinion , i had not done it ; the calling did no ways acknowledge them to be a parliament , upon which condition and construction i did it , and accordingly it is registred in the council books . nothing is more evident , than that the king was steered by the queen's council , in the management of this uxbridge treaty , and that which is call'd the church of england [ the bishops ] was greatly her care . by letter in january 1644. before the beginning of that treaty , she instructs him not to abandon those who have served him , lest they forsake him in his need ; that she hopes he will have a care of her , and her religion ; that in her majesties opinion , religion should be the last thing upon which he should treat ; for if he do agree upon strickness against the catholicks , it would discourage them to serve him , and if afterwards there should be no peace , he could never expect succours from ireland , or any other catholick prince . in another of her letters , we find her writing thus : january 17. 1644. it comforts me much to see the treaty shall be at uxbridge . — i received yesterday letters from the duke of lorrain , who sends me word , if his service be agreeable to you , he will bring 10000 men. — above all , have a care not to abandon those who have served you , as well the bishops , as the poor catholicks . by the king's letters to the queen in february , when the treaty at uxbridge was depending , he stiles the parliament , unreasonable , stubborn , perfidious rebels , presses her to hasten all possible assistance to him , particularly that of the duke of lorrain . he tells her , that , the limitted days for treating are now almost expired , without the least agreement upon any one article , wherefore i send for enlargement of days , that the whole treaty may be laid open to the whole world , and i assure thee , thou needst not doubt the issue of this treaty ; for my commissioners are so well chosen , ( though i say it ) that they will neither be threatned nor disputed from the grounds i have given them , which ( upon my word ) is according to the little note thou so well remembers . — be confident , that in making peace , i shall ever shew my constancy in adhereing to bishops , and all our friends , ( which could be meant of no other than the catholicks ; for the queen in her letter before mentioned , had given him charge of both together ) and not forget to put a short period to this perpetual parliament . we find in another letter , dated the 5th . of march , expressing himself in these words : i have thought of one means more to furnish thee with my assistance , than hitherto thou hast had ; it is , that i give thee power to promise in my name , that i will * take away all the penal laws against the roman catholicks in england , as soon as god shall enable me to do it . in relation to ireland , he wrote to the marquess of ormond to this effect , jan. 7. the rebells here have agreed to treat , and most assuredly one of the first and chiefest articles they will insist on , will be , to continue the irish war , which is a point 〈◊〉 popular for me to break on , of which you are to make a double use ; first , to hasten with all possible diligence the peace there , the timely conclusion of which will take off that inconvenience , which otherwise i may be subject to , by the refufal of that article upon any other reason ; secondly , by dexterous conveying to the irish , the danger there may be of their total exclusion from those favours i intend them , in case the rebells here clap up a peace . not doubting of a peace , i must again remember you , to press the irish for their speedy assistance to me here , and their friends in scotland . — i desire that the irish would send as great a body as they can , to land about cumberland , which will put those northern counties in a brave condition . upon the 14th . ianuary , he writes thus to the queen : as for the peace of ireland , to shew thee the care i have had of it , and fruits i hope to receive from it , i have sent thee the last dispatches , i have sent concerning it . — for god's sake , let none know the particulars of my dispatches . [ some secret piece of villany against his protestant subjects no doubt , that he was so affraid of having it discovered . ] another letter to her of the 20th . of march , hath this expression : i find that thou much mistakes me concerning ireland , i desire nothing more than a peace there , and ever forbid thy commerce there . by another letter , he commanded ormond to dispatch the irish peace out of hand , and thereby promises , that the penal laws , against the roman catholicks , shall not be put in execution : the peace being made , and that when the irish give him that assistance which they have promised for the suppression of this rebellion , then he would consent to the repeal of them by a law ; and concludes , recommending to him again , the speedy dispatch of the peace of ireland . another letter to ormond , upon the 27th . of february 1644. was , that he thought himself bound in conscience , not to lose that assistance which he might hope from his irish subjects , for such scruples as in a less pressing condition might reasonably be struck at by him , and therefore commanded him to conclude a peace with the irish whatever it cost ; so that his protestant subjects there might be secured , and his regal authority preserved . — if the present taking away the penal laws against papists will do it ( said he ) i shall not think it a hard bargin , so that freely and vigourously they engage themselves in my assistance against my rebells of england and scotland , for which no conditions can be too hard , not being against conscience or honour . by another letter to the marquess of ormond , in the same month , he writes thus : now again , i cannot but mention the necessity of hastning the irish peace , for which , i hope , you are already furnished by me , with materials sufficient . but in case ( against all expectation and reason ) peace cannot be had upon those terms , you must not by any means fall to a new rupture with them , but continue the cessation . ⸫ he wrote to the duke of richmond , one of his commissioners for the uxbridge treaty , to remember to cajole well the independants and the scots ; nay , he instructed secretary nicholas to bribe the commissioners for the parliament , with the promise of security , rewards and places . now upon the whole matter , let any impartial and unbyassed person tell me , whether he doth not in his conscience believe , that the parliament were far more sincere in making an honourable peace for poor england , than this apparently , false , popish , and tricking king , whom the wicked part of mankind so madly cry up for a martyr . 26. that for many reasons it was concluded , that king charles had no small share in the abominable act of poysoning his own father , king james i. and that good man , prince henry , his son. it being very plain , divers parliaments were but short lived ; if they did but mutter , that an enquiry should be made of their untimely ends , and that the duke of buckingham was protected for that , and other villanies . and that i may demonstrate to the world more fully than i have already done in the 6th . articles , that king charles i. did most dishonourably and persidiously betray the poor protestants of the isle of rhee and rochel . i shall produce copies of two of his letters to them . letter i. the king of england's letter , directed to the mayor , sheriffs , peers , burghers , and inhabitants of the city of rochell , dated 19th . of may , old stile 1628. gentlemen , be not discomforted , though my fleet be return'd , hold out unto the last , for i am resolved , that all my fleet shall perish , rather than you shall not be relieved , and to this end i have countermanded it , and have sent ships to make them change their design , that they had taken to come back : i shall shortly send you some number of ships to reinforce it , and with the help of god , the success will be happy for that deliverance . your good friend , charles r. and on the 21st . in the morning , there came to rochell from england , a soldier bringing another letter from the king , dated 27th . of may old stile , sealed with the arms of england , which was as followeth : gentlemen , i have been troubled to here that my fleet was upon the point of returning , without answering my commands , which were to force the entry of your provisions , whatever came of it , and have given it new orders to return into your road , and not stir untill it hath relieved you with victuals , or that i have sent them an additional strength , for which i have caused men to work with all diligence ; be assured that i will never abandon you , and that i will imploy all the force of my kingdom for your deliverance , untill it please god to bless me with giving you an assured peace . given at our palace at westm. may 27. 1628. old stile . gentlemen , your good friend , charles r. whosoever shall carefully read , and consider these two letters , and the sollemn declarations there , and observe how contrary to his royal word , he sacrificed these poor protestants , will have cause to harbour the worst of thoughts of this king , and to blush at the horrid impudence and impiety of those wicked wretches , that would make a saint and a martyr of him . and to demonstrate this treachery , i shall incert a copy of the remonstrance made by one of the deputies of the city of rochel , because it will very much illustrate the subject , and be as an eternal mark of infamy to the memory of that prince , and deserves to be engraven on brass , and wrote on marble , that so the remembrance of it may never be lost ; it is as followeth . a copy of the remonstrance of the sieur vincent , to the king of great britain , drawn out of his own journals . sir , the grief which obliges us to fill the ears of your majesty with our cries , and to reiterate them so often , ought to be extream to the last degree . behold us now , sir , prostrate at your feet , to wash them with our tears , and god almighty grant , that we do not in a little time , come to sigh out our last breath , with the news of the desolation of our city . we know not how , sir , to conceal it from you , the sence we have of her being at her last gasp , puts us into despair ; seeing the succours which your majesty hath made us hope would be ready , hath been deferred from day to day for many weeks together . sir , the city of rochell did by us beg of you , with all the humility they were capable of expressing , to receive them into your protection , and you as solemnly agreed to it ; since they have had at divers times , all the assurances possible , as well from your own month , as under the hand of your majesty , that you would never abandon them : whereupon by a miracle of constancy , they have held out hitherto firm a whole year , contending with the horrours of a most gastly famine , that thereby they might give your majesty , full leisure to send them the succours you were graciously pleased to promise them ; and thus constant and unshaken were they , even when all europe , believed they ought to have despaired , in that after they had relief , as they thought several days in their sight , it returned without effecting , or attempting any thing . and though our enemies have from thence taken occasion to make them divers overtures of accommodation , which their extream necessities seemed to counsel them to hearken unto ; yet they chose rather to run the hazzard of their utter destruction , then to be wanting in the least to the promises we had sworn for them to your majesty , or to shew they had the least diffidence of your protection . after all this , sir , shall it be recorded in the history of your reign ; that they perished in your hands without having reaped any other fruit of the good will your majesty hath professed towards them , and of the assurance they have therein relied upon ; then the rendring them irrecountable to their king , from whom otherwise they might have hoped to have found grace and favour ! pardon , sir , this , from a people who see themselves upon the very threshold of their sepulchers , if they cannot avoid sighs which may seem undecent in your royal presence . it is common for those that are near their end , to finish their lives with groans . in the name of god , sir , so long as there remains any breath in us , and before we do quite expire , command your succours to hasten to our assistance ; provided that diligence be yet used , we will remain caution to your majesty with the peril of our heads , that they will arrive time enough to save us . as to the impossibilities that some may be willing to find in it , permit us to tell you freely , sir , that those are only founded , either in their fear , or their very little affection for us ; and that besides the report which some persons unsuspected , have made to your majesty , we beseech you , be you judge , whether our city , which is within sight of the digne and pallisade , and carriage of her cannon , would send time after time to implore your assistance , if they thought it would be unprofitable to them , and if having every day offers of capitulation upon advantagious conditions , if they would hearken to it for themselves alone , they would be so imprudent to neglect the opportunity . but we are ready if it shall please your majesty to permit it , to take upon us the first risques and hazzards of the execution , to the end that we may be justified to all the world in the sincerity of our proceeding ; and that it may not be imputed to us , that we are prodigal of the blood of your majesties subjects to ill purpose , to be sparing of our own : no , sir , there is no such impossibility as what some would pretend . the only cause of our fears , comes from the slowness and continual neglects from one day to another , and one week to another , which makes our hopes recoil . after the return of your fleet , we comforted our selves with the promise that was made us by your majesty , that it should depart again within fifteen days ; but when after twenty were past , there were added fourteen more to them : and after that , we found divers other neglectful disappointments , that have now taken up two months compleat ; good god , sir , how long has that time seemed to those miserable wretches that have not bread ! we know very well the good inclinations your majesty hath for our weal ; as also we have had most certain proofs of the duke of buckingham , your high admiral , his passionate applying himself for us , as also the same of the lords of your council ; but shall we not be excusable , if seeing the effects thereof crossed , by all these delays ? we entertain iealousies , that your majesty is not well served , and that there is some secret hand , which clandestingly obstructs , that which the zeal of others endeavours to advance . it is ordinary for men in misery to be suspicious , and possibly here we are not injuriously so ; indeed we do not know any person on whom to determine our diffidence , nor have we any intention to call to mind any thing that is past ; may that , sir , remain buried in eternal oblivion , and for the future at least , let those to whom your majesty shall give your commands , answer so well your kindness to us , with their affection and diligence , that without any farther delay , your fleet may put to sea , and deliver us yet out of the cruel arms of death . if , sir , upon this occasion , you will please to discern those who serve you faithfully , from other men ( if there be any such ) let your majesty be pleased to hold it indubitable , that all those who under any pretext whatsoever , shall counsel the least delayings , do it from an ill intention , there being none can pretend ignorance of the dreadful necessities to which our city is reduced , and that one single days delay more , may be the cause of its ruine . have therefore some consideration of it , we beseech you , by the tears and pitiful cries of more than twelve thousand poor languishing souls , whom hunger devours , and who are all ready to perish , by the interest of above a million of others , who without doubt will see themselves ▪ buried under our ruins , and who will find the knife at their throats , the very next day after we are lost . by the glory of your scepter , under the sanctuary of which we are come to put our selves , and which it hath pleased you to tender us for our security ; by the magnificent title of defender of the faith , which obligeth your majesty to relieve those that are oppressed for that very reason ; in short , by the faith and word of a king , which it hath pleased you of your grace to engage us , permit not , sir , our innocent blood to reflect upon your crown , to stain it to ages that shall succeed us , and at present to cry against your majesty before god and man. this is that , sir , which our consciences , and the duty we owe to our afflicted fellow citizens , oblige us to come and represent a new to your majesty , in whose charity , magnanimity , piety , and inviolable fidelity , we hawe such confidence , that we assure our selves , god will take this in good part , and in convenient consideration : and since that all our supplications tend to make you be pleased , to cause your fleet to set sail with all possible diligence , and to afford your presence at portsmouth , where it is so absolutely necessary , that without it , we can scaree hope for any success . we therefore do in all humility supplicate your majesty , immediately to put in execution the resolution you have taken of going thither ; and here , sir , we fall upon our knees before your majesty , with most ardent prayer to god , that it will please him to make us find more and more favour in your sight , that even we , who now supplicate you , may come again to render to you , our most humble and grateful acknowledgments , as to our great deliverer , from whom , next to god , we shall hold our estates , honours and lives , and the memory of so signal a deliverance , we may leave to our children , to the end that they may celebrate it after us . yet , all these sufferings , and the lamentable estate of the rochellers , nor the sad and pressing remonstrance of their deputies ( enough to melt the heart of any one , but a cruel faithless tyrant ) were efficatious enough to oblige that wicked court , to let this third fleet set sail before september following , under the command of the earl of lindsey , who arrived before rochell towards the latter end of the said month ; but instead of succouring the city , breaking the digue , and opening the passage , to get in provisions , which the king had made them to expect , and which they had already almost swallowed in their hopes . that commander had set on shore the lord 〈◊〉 , ( unknown to the deputies that were on board , and to the duke of soubize ) who went straight to the french king's camp , where after some conferences with the cardinal , with whom ( as was then reported ) he had concerted the delivery of the city to the king , which was very far from giving it any succour . he went post for england , to give an account of it to his master . after the english fleet had been a month in the road without doing any thing , and without sending the besieged army any manner of victuals , which were on board : then the poor rochellers , who were not able to hold out no longer , saw plainly how they were abused and betrayed ; so hereupon they resolved ( no more to expect the illusory succours of the english , and the vain hopes of assistance from them , to deliver up the city ; and whilst the lord montague was going for england , and to return to the french king with the effects of his negotiation , they resolve to throw themselves into the arms of the king , their sovereign , in hopes after all , by their repentance for their so long obstinancy , to obtain his grace and favour . and about the end of october , their agreement was made among themselves , and signed : and the first of november , the king made entrance into rochell , where he found the inhabitants more like skeletons , than men and women . and this king had more compassion than the hard-hearted oppressor of england , for he was so sensibly touched with that sad sight , that he could not refrain letting fall some tears . on the 5th . of november , the english fleet , after having been a month and six days in the road , and seen from thence the reductien of rochell to the obedience of the king , set sail , carrying a long with them a great party of french , as well as victuals , they had brought from england . 27. that was an exorbitant and outragious t — upon the people of scotland , as appears in many particulars ; to recount some of them briefly , 1. in overturning their church government , established by many acts of parliament , and obtruding upon them laud's liturgy , and popish ceremonies , after that wicked bishop had sent his liturgy to rome to be approved there . 2. in denying them ( the undoubted right of all subjects ) to petition for redress of their grievances . 3. in dissolving their synod and parliament , burning the pacification made with them , by the hangman's hands ; and imprisoning the lord 's sent by them , to petition him to perform his sollemn promises , and redress their grievances . 4. in levying doctrines against them , and raising a civil war , to justify himself in the violation of their laws . a civil war it was , said the great lord digby , seeing we are of the same religion , and under the same king. and 5. in attempting to make use of the love and affection of the english , to enslave and ruin the scotish nation . it is not improper here to observe . 1. that the scotish covenant was not a new invention or innovation , but established by the law of scotland , and taken by king james the first , seventy years before king charles the second took it . 2. that bishops and clergymen in conjunction with papists , abetted and assisted this t — in the violation of the laws , when the bulk of the nobility , gentry , and people of england , appeared undauntedly in defence of the laws and liberties of the kingdom . 3. that popery hath greatly spred in scotland ever since laud's superstition was introduced here , the number of papists not exceeding 600. and therefore presbetery being now restored by a law , it may be reasonably hoped , that it will reduce many who have been deluded into that idolatry . 4. that princes are not always to trust to the insinuations and suggestions of scotish bishops ; seeing that when they instigated king charles i. to dissolve the synod and parliament , he was seduced by them into a belief , that the scotish covenanteers were a contemptible number , and their party in scotland was sufficient to deal with them . 5. that the scots were not rebells in taking arms to assert their rights , and vindicate the laws and liberties of their countrey . that the horrid imposition of laud's popish liturgy , did occasion the troubles of scotland , is very manifest from dr. burnet's ( now bishop of salisbury ) his memoirs of duke hamilton , for he saith , page 30. the liturgy had some alterations from the english , which made it more invidious and less satisfactory . — the imposing it , really varied from their former practices and constitutions . — pag. 33. the lords petition'd , complaining against the liturgy , and book of canons ; offering under the highest penalties , to prove they contain'd things both contrary to religion , and the laws of the land , pag. 36. the earls of traquaire and roxbourgh , by letter to the king , advised him to secure the people of that which they so much apprehended , the fear of innovation of religion , saying , that they found few or none well satisfied , pag. 33. the earl of traquaire went to court , and gave account , that all the troubles were occasioned by introducing the liturgy ; with which , scarce a member of council ( except bishops ) was well satisfied : neither were all these cardinals for it , for the archbishop of st. andrews , from the beginning , had withstood these designs , and the archbishop of glascoe , was worse pleased . their commissioners in their charge against laud , exhibited to the parliament of england , 1641. say , pag. 11. &c. this book inverteth the order of the communion in the book of england , of the divers secret reasons of this change , we mention one only : in joyning the spiritual praise and thanksgiving , which is in the book of england , pertinent● after the communion , with the prayer of consecration before the communion ; and that under the name of memorial or oblation , for no other ends , but that the memorial and sacrifice of praise , mention'd in it , may be understood according to the popish meaning ; bellarmin de missâ . lib. 2. chap. 21. 〈◊〉 of the spiritual sacrifice , but of the oblation of the body of the lord. the corporal presence of christ's body , is also to be found here ; for the words of the mass-book , serving to this purpose , which are not to be found in the book of england , are taken 〈◊〉 here : almighty god is incall'd , that of his almighty goodness , he may vouchsafe so to bless and sanctifie with his word and spirit , these gifts of bread and wine , that they be unto us the body and blood of christ. — on the one part , the expressions of the book of england , at the delivery of the elements : of feeding on christ by faith , and of eating and drinking in remembrance , that christ died for thee , are utterly deleted . to prove that laud did send this liturgy to rome to be approved of ; read a book of good credit , entitled , new survey of the west indies , wrote by a reverend divine of the church of england , mr. thomas gage , minister of deal in kent , 't is in pag. 280. in the folio edition ; he there tells you , that being a fryar , he went to rome with letters of recommendation to cardinal barbarini , the pope's nephew , entituled , the protector of england : that coming acquainted with father fitzherbert , of the english colledge of jesuits , he highly praised archbishop laud , and said , that he not long since sent a common prayer book ( which he had composed for the church of scotland ) to be first viewed and approved by the pope and cardinals ; and , that they liked it very well for protestants to be trained up in a form of prayer and service ; yet the cardinals ( first giving him thanks for his respect ) sent him word that they thought it was not fitting for scotland ; that father fitzherbert told him , he was witness of all , this being sent for by the cardinal to give him his opinion about it , and of the temper of the scots . and that laud hearing the censure of the cardinals , concerning his intention and form of prayer , to ingratiate himself the more in their favour , corrected some things in it , and made it more harsh and unreasonable for that nation . this good man , mr. gage , after he had here related the matter as above , expresses himself thus : this most true relation of archbishop laud , i have oft spoke o● in private discourse , and publickly in preaching ; and i could not in conscience omit it here , both to vindicate the j● censure of death , whi●h the parliament gave against him , and to reprove the ungrounded opinion and error of some ignorant spirits , who have since his death , highly exalted and cryed him up as a martyr . 't is worthy of notice , that these passages ( making laud to appear a great villain ) were by the means of priest craft left out of the impression in octavo . something like this of mr. gage , may be found in bishop burnet's memoirs of duke hamilton , fol. 83. he relates , that in the year 1638. one abernethy , who from a jesuit , turned a zealous presbyterian , spread a story in scotland which took wonderfully , of the liturgy of that kingdom , being sent to rome to some cardinals to be revised by them ; and that seignior con , ( the popes nuncio to the court of england ) had shewed it to abernethy at rome , and though con denied it afterwards , as is pretended , yet it doth not follow that what abernethy asserts , was false , for it is well known , that con being a jesuit , might lye for the holy church . if i had time , and that this book would not be too large , i could produce very many more instances of king charles his tyrannical oppressing his subjects of england , scotland and ireland . i shall end this melancholly story with the heads of the many articles of mis-government of that prince , viz. his taking buckingham , laud , and many more evil counsellors into the highest favour , and being govern'd by them . his popish match , and private articles , in favour of popery . his receiving a letter from the pope , and sending him 〈◊〉 answer , calling him most holy father , &c. his pardoning 20 popish priests , &c. pursuant to the private articles of marriage . his most unchristian like betraying the isle of rhee and rechell , a sad story . his plucking up the root of all property , by taking the peoples goods against their wills , and their liberties against law. his giving commissions to try and execute his subject by martial law. his raising money by loans against law. his requiring london , and other places , to set out ships 〈◊〉 him at their own charge . his billotting soldiers ( many of which were papists ) on his poor subjects . his giving commissions to several lords to raise money by way of excise . his ordering his treasurer to pay 30000 l. to buy a large number of german horse , with arms , both for horse and foot , to be brought to england against the parliament . his causing mr. chambars , a merchant , to be fin'd 2000 l. for complaining of the hard usage the merchants of england had . his oppressing , and imprisoning all ranks and orders of men unjustly . his threatning the house of commons , if they would not give money . his shameful betraying the palatinate , and keeping the charity of england from them . his having , without doubt , a great hand in the wicked irish rebellion . his large demonstration of his piety , by ordering a declaration of sports on the lord's day . his giving wicked , arbitrary , and tyrannical orders , instructions and commissions to the earl of strafford , lord lieutenant of ireland , and endeavoured to save him from the parliaments just and necessary prosecution . his suffering the bishops , gauden and duppa , to compose a lying book , call'd , eicon basilice , and to put it out in his name , the better to justify his evil actions against his people . his causing the star-chamber and high commission courts to be made use of , to the great grievance of the people of england . his falsely charging with treason , and unjustly imprisoning the lord mandevil , mr. hollis , mr. strode , and many others , and would produce no witness against them . his tempting and incouraging his english and irish armies to come and destroy the parliament . his dealing most basely and treacherously with the parliament whilst treating at uxbridge . his having a hand in the untimely deaths of king james the first , and prince henry . his being an exorbitant and outragious tyrant upon the people of england . notes, typically marginal, from the original text notes for div a62847-e2850 * he had agree to treat with them as a parliament , the queen upbraided him for so doing , and he thus vindicates himself . * if this were so good a king , why so much clamour against king james the ii. for designing the same thing . ⸫ there was at this time high division in london , between the presbyterians and independants ; therefore to ●in both , by fomenting misunderstandings between them , the independants are to be ca●oled ; a thing worthy remembrance in all times . a declaration. the lords and commons assembled in parliament, having received several informations, that there have been divers tumults, ryots, outrages, and misdemeanors lately committed in sundry parts of this realm by unquiet and discontented spirits, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a82760 of text877 in the english short title catalog (thomason 669.f.25[8]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a82760 wing e1519 thomason 669.f.25[8] 99870554 99870554 163813 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a82760) transcribed from: (early english books online ; image set 163813) images scanned from microfilm: (thomason tracts ; 247:669f25[8]) a declaration. the lords and commons assembled in parliament, having received several informations, that there have been divers tumults, ryots, outrages, and misdemeanors lately committed in sundry parts of this realm by unquiet and discontented spirits, ... england and wales. parliament. 1 sheet ([1] p.) printed by john macock, and francis tyton, printers to the house of lords, london : 1660. title from caption and opening lines of text. "all sheriffs, &c., in office 25 april 1660 are to continue in their offices, using the king's style and name, and suppress the riots and rumors. all soldiers to aid them." -cf. steele. annotation on thomason copy: "may 8". reproduction of the original in the british library. eng england and wales. -sovereign (1660-1685 : charles ii) disorderly conduct -england -early works to 1800. great britain -history -charles ii, 1660-1685 -early works to 1800. a82760 877 (thomason 669.f.25[8]). civilwar no a declaration. the lords and commons assembled in parliament, having received several informations, that there have been divers tumults, ryo england and wales. parliament. 1660 250 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 emma (leeson) huber sampled and proofread 2007-11 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion royal blazon or coat of arms diev et mon droit ❧ a declaration . the lords and commons assembled in parliament , having received several informations , that there have been divers tumults , ryots , outrages , and misdemeanors lately committed in sundry parts of this realm by unquiet and discontented spirits , to the disturbance of the publick peace , and fomenting of new troubles , do hereby order and declare , that all sheriffs , iustices of the peace , mayors , constables , and other ministers of publick iustice that were in office the 25th day of april 1660. shall be continued in their respective offices , and shall exercise the same in the kings majesties name and style , and shall use their best endeavours to suppress and prevent all ryots , tumults , unlawfull assemblies and misdemeanors whatsoever against the lawes and peace of this realm , and all treasonable and seditious words , reports , and rumors against his majesties royal person and authority , and proceed against all offenders therein according to law and iustice ; and all military officers and souldiers and all others are to be aiding and assisting to them therein . die lunae , 7 maii , 1660. ordered by the lords in parliament assembled , that this declaration be forthwith printed and published . jo . browne , cleric . parliamentorum . london , printed by john macock , and francis tyton , printers to the house of lords , 1660. a letter from a person of quality to his friend in the country shaftesbury, anthony ashley cooper, earl of, 1621-1683. 1675 approx. 93 kb of xml-encoded text transcribed from 19 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-10 (eebo-tcp phase 1). a59475 wing s2897 estc r3320 12701444 ocm 12701444 65947 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a59475) transcribed from: (early english books online ; image set 65947) images scanned from microfilm: (early english books, 1641-1700 ; 368:11) a letter from a person of quality to his friend in the country shaftesbury, anthony ashley cooper, earl of, 1621-1683. locke, john, 1632-1704. [2], 32 [i.e. 34] p. s.n.], [london : 1675. written by shaftesbury. also ascribed to john locke. cf. halkett & laing (2nd ed.). place of publication from wing. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. church and state -england. 2002-09 tcp assigned for keying and markup 2002-11 aptara keyed and coded from proquest page images 2002-12 rina kor sampled and proofread 2003-04 aptara rekeyed and resubmitted 2005-02 ben griffin sampled and proofread 2005-02 ben griffin text and markup reviewed and edited 2005-04 pfs batch review (qc) and xml conversion a letter from a person of quality , to his friend in the country . printed in year , 1675. a letter from a person of quality , to his friend in the country . sir , this session being ended , and the bill of the test neer finished at the committee of the whole house ; i can now give you a perfect account of this state master-piece . it was first hatch't ( as almost all the mischiefs of the world have hitherto been ) amongst the great church men , and is a project of several years standing , but found not ministers bold enough to go through with it , un●il these new ones , who wanting a better bottom to support them , be●ook themselves wholly to this , which is no small undertaking if you consider it in its whole extent . first , to make a distinct party from the rest of the nation of the high episcopal man , and the old cavalier , who are to swallow the hopes of enjoying all the power and office of the kingdom , being also tempted by the advantage they may recieve from overthrowing the act of oblivion , and not a little rejoycing to think how valiant they should prove , if they could get any to fight the old quarrel over again ; now they are possest of the arms , fo●ts , and ammunition of the nation . next they design to have the government of the church sworne to as vnalterable , and so tacitely owned to be of divine right , which though inconsistent with the oath of supremacy ; yet the church men easily break through all obligations whatsoever , to attain this station , the advantage of which , the prelate of rome hath sufficiently taught the world. then in requital to the crown , they declare the government absolute and arbitrary , and allow monarchy as well as episcopacy to be iure divino , and not to be bounded , or limited by humane laws . and to secure all this they resolve to take away the power , and opportunity of parliaments to alter any thing in church or state , only leave them as an instrument to raise money , and to pass such laws , as the court , and church shall have a mind to ; the attempt of any other , how necessary soever , must be no less a crime then perjury . and as the topstone of the whole fabrique , a pretence shall be taken from the jealousies they themselves have raised , and a real necessi●y from the smallness of their partie to encrease , and keep up a standing army , and then in due time the cavalier and church-man , will be made greater fools , but as errant slaves as the rest of the nation . in order to this , the first step was made in the act for regulating corporations , wisely beginning , that in those lesser governments whi●h they meant afterwards to introduce upon the govern●ent of the nation , and making them swear to a declaration , and beleif of such propositions as themselves afterwards upon debate , were enforced to alter , and could not justifie in those words ; so that many of the wealthyest , worthyest , and soberest men , are still kept out of the magistracy of those places . the next step was in the act of the militia , which went for most of the cheifest nobility and gentry , being obliged as lord-lieutenants , deputy-lieutenants , &c. to swear to the same declaration , and belief , with the addition only of these words in persuance of such military commissions , which makes the matter rather worse then better ; yet this went down smoothly as an oath in fashion , a testimony of loyalty , and none adventuring freely to debate the matter , the humor of the age like a strong tide , carries wise and good men down before it : this act is of a piece , for it establisheth a standing army by a law , and swears us into a military government . immediately after this , followeth the act of vniformity , by which all the clergy of england are obliged to subscribe , and declare what the corporations , nobility , and gentry , had before sworn , but with this additional clause of the militia act omitted : this the clergy readily complyed with ; for you know that sort of men are taught rather to obey , then understand , and to use that learning they have , to justify , not to examine what their superiors command : and yet that bartholomew day was fatal to our church , and religion , in throwing out a very great number of whorthy , learned , pious , and orthodox divines , who could not come up to this , and other things in that act ; and it is an oath upon this occasion wor●h your knowledg , that so great was the zeal in carrying on this church affair , and so blind was the obedience required , that if you compute the time of the passing this act , with the time allowed for the clergy to subscribe the book of common prayer thereby established ; you shall plainly find it could not be printed , and distributed so , as one man in forty could have seen and read the book they did so perfectly assent and consent to . but this matter was not compleat until the five mile act passed at oxford , wherein they take an opportunity to introduce the oath in the terms they would have it : this was then strongly opposed by the l. treasurer southampton , lord wharton , l. ashley , and others not only in the concern of those poor ministers that were so severely handled , but as it was in it self , a most unlawful , and unjustifyable oath ; however , the zeal of that time against all nonconformists , easily passed the act. this act was seconded the same sessions at oxford by another bill in the house of commons , to have imposed that oath on the whole nation ; and the providence by which it was thrown out , was very remarquable ; for mr. peregrine bertie , being newly chosen , was that morning introduced into the house by his brother the now earl of lindsey , and sir tho. osborn now l. treasurer , who all three gave their votes against that bill ; and the numbers were so even upon the division ▪ that their three votes carried the question against it . but we owe that right to the earl of lindsey , and the lord treasurer as to acknowledg t●at they have since made ample satisfaction for whatever offence they gave either the church or court in that vote . thus our church became triumphant , and continued so for divers years , the dissenting protestant being the only enemy , and therefore only persecuted , whilest the papists remained undisturbed being by the court t●ought loyal , and by our great bishops not dangerous , they differing only in doctrine , and fundamentalls ; but , as to the government of the church , that was in their religion in its highest exaltation . this dominion continued unto them , untill the l. clifford , a man of a daring and ambitious spirit , made his way to the cheif ministery of affairs by other , and far different measures , and took the opportunity of the war with holland , the king was then engaged in , to propose the declaration of indulgence , that the dissenters of all sorts , as well protestants as papists , might be at rest , and so vast a number of people , not be made desperate , at home , while the king was engaged with so potent an enemy abroad . this was no sooner proposed , but the e. of shattsbury a man as daring but more able , ( though of principles and interest , diametrically opposite to the other ) presently closed with it , and perhaps the opportunity i have had by my conversation with them both , who were men of diversion , and of free and open discourses where they had a confidence ; may give you more light into both their designs , and so by consequence the aimes of their parties , then you will have from any other hand ▪ my l. clifford did in express terms , tell me one day in private discourse ; that the king , if he would be firm to himself , might settle what religion he pleased , and carry the government to what height he would ; for if men were assured in the liberty of their conscience● and undisturbed in their properties , able and upright iudges made in westminster-hall to judg the causes of meum and tuum , and if on the other hand the fort of tilbury was finished to bridle the city , the fort of plymouth to secure the west , and armes for 2●000 in each of these , and in hull for the northern parts , with some addition , which might be easily and undiscernedly made to the forces now on foot , there were none that would have either will , opportunity , or power to resist . but he added withall , he was so sincere in the maintenance of propriety , and liberty of conscience , that if he had his will , though he should introduce a bishop of durham , ( which was the instance he then made , that see being then vacant ) of another religion , yet he would not disturb any of the church beside , but suffer them to dye away , and not let his change ( how hasty soever he was in it ) overthrow either of those principles , and therefore desired he might be thought an honest man as to his part of the declaration , for he meant it really . the l. shaftsbury ( with whom i had more freedom ) i with great assurance , asked what he meant by the declaration , for it seemed to me ( as i then told him ) that it assumed a power to repeal and suspend all our laws , to destroy the church , to overthrow the protestant religion , and to tolerate popery ; he replyed half angry , that he wondered at my objection , there being not one of these in the case : for the king assumed no power of repealing laws , or suspending them , contrary to the will of his parliament , or people , and not to argue with me at that time the power of the king's supremacy , which was of ano●her nature then that he had in civills , and had been exercised without exception in this very case by his father , grand father , and queen elizabeth , under the great seal to forreign protestants , become subjects of england , nor to instance in the suspending the execution of the two acts of navigation and trade , during both this , and the last dutch war in the same words , and upon the same necessity , and as yet , without clamour that ever we heard ; but , to pass by all that , this is certain , a government could not be supposed whether monarchical , or other of any sort , without a standing supream executive power , fully enabled to mitigate , or wholly to suspend the execution of any penal law , in the intervalls of the legislative power , which when assembled , there was no doubt but wherever there lies a negative in passing of a law , there the address or sense known of either of them to the contrary , ( as for instance of either of our two houses of parliament in england ) ought to determine that indulgence , and restore the law to its full execution : for without this , the laws were to no purpose made , if the prince could annull them at pleasure ; and so on the other hand , without a power always in being of dispensing upon occasion , was to suppose a constitution extreamly imperfect and unpracticable , and to cure those with a legislative power always in being , is , when considered , no other then a perfect tyranny . as to the church , he conceived the declaration was extreamly their interest ; for the narrow bottom they had placed themselves upon , and the measures they had proceeded by , so contrary to the properties , and liberties of the nation , must needs in short time , prove fatall to them , whereas this led them into another way to live peaceably with the dissenting and differing protestants , both at home and abroad , and so by necessary and unavoidable consequences , to become the head of them all ; for that place is due to the church of england , being in favor , and of neerest approach to the most powerful prince of that religion , and so always had it in their hands to be the intercessors and procurers of the greatest good and protection , that partie throughout all christendom , can receive . and thus the a. bishop of canterbury might become , not only alterius orbis , but alterius religionis papa , and all this addition of honor and power attaind without the least loss or diminution of the church ; it not being intended that one living dignity , or preferment should be given to any but those , that were strictly conformable . as to the protestant religion , he told me plainly , it was for the preserving of that and that only that he heartily joyned in the declaration ; for besides that , he thought it his duty to have care in his place and station , of those he was convinced , were the people of god and feared him , though of different persuasions ; he also knew nothing else but liberty , and indulgence that could possibly ( as our case stood ) secure the protestant religion in england ; and he beg'd me to consider , if the church of england should attain to a rigid , blind , and undistputed conformity , and that power of our church should come into the hands of a popish prince , which was not a thing so impossible , or remote , as not to be apprehended ; whether in such a case , would not all the armes and artillery of the government of the church , be turned against the pr●sent religion of it , and should not all good protestants tremble to think what bishops such a prince was like to make , and whom those bishops would condemn for hereticks , and that prince might burn ▪ whereas if this which is now but a declaration , might ever by the experience of it , gain the advantage of becoming an established law , the true protestant religion would still be kept up amongst the cities , towns , and trading places , and the worthyest , and soberest ( if not the greatest ) part of the nobility , and gentry , and people : as for the toleration of popery he said , it was a pleasant objection , since he could confidently say that the papists had no advantage in the least by this declaration , that they did not as fully enjoy , and with less noise , by the favor of all the bishops before . it was the vavity of the l. keeper , that they were named at all , for the whole advantage was to the dissenting protestants , which were the only men disturb'd before ; and yet he confest to me , that it was his opinion , and always had been , that the papists ought to have no other pressure laid upon them , but to be made uncapable of office , court , or armes , and to pay so much as might bring them at least to a ballance with the protestants , for those chargable offices they are lyable unto ; and concluded with this that he desired me seriously to weigh , whe●her liberty and propriety were likely to be maintained long in a countrey like ours , where trade is so absolutely necessary to the very being , as well as prosperity of it , and in this age of the world , if articles of faith and matters of religion should become the only accessible ways to our civil rights . thus sir , you have perhaps a better account of the declaration , then you can receive from any other hand , and i could have wisht it a longer continuance , and better reception then it had : for the bishops took so great offence at it , that they gave the alarum of popery through the whole nation , and by their emissaries the clergy ( who by the connexture and subordination of their government , and their being posted in every parish , have the advantage of a quick dispersing their orders , and a sudden and universal insinuation of whatever they please ) raised such a cry , that those good and sober men , who had really long feared the encrease and continuance of popery , had hitherto received , began to believe the bishops were in earnest ; their eyes opened , though late , and therefore joyned in heartily with them ; so that at the next meeting of parliament , the protestants interest was run so high , as an act came up from the commons to the h. of lords in favor of the dissenting protestants , and had passed the lords , but for want of time , besides , another excellent act passed the royal assent for the excluding all papists from office , in the opposition of which , the l. treasurer clifford fell , and yet to prevent his ruine , this sessions had the speedier end. notwithstanding , the bishops attain'd their ends fully , the declaration being cancelled , and the great seal being broken off from it , the parliament having passed an act in favor of the dissenters , and yet the sense of both houses sufficiently declared against all indulgence but by act of parliament : having got this point , they used it at first with seeming moderation , there were no general directions given for prosecuting the non-con●ormists , but here and there some of the most confiding justices , were made use of to try how they could receive the old persecution ; for as yet the zeal raised against the papists , was so great , that the worthyest , and soberest , of the episcopal party , thought it necessary to unite with the dissenting protestants , and not to divide their party , when all their forces were little enough ; in this posture the sessions of parliament that began oct. 27. 1673. tound matters , which being suddenly broken up , did nothing . the next sessions which began ian 7. following , the bishops continued their zeal against the papists , and seem'd to carry on in joyning with the countrey lords , many excellent vo●es in order to a bill , as in particular , that the princes of the blood-royal should all marry protestants , and many others , but their favor to dissenting protestants was gone , and they attempted a bargain with the countrey lords , with whom they then joyned not to promote any thing of that nature , except the bill for taking away assent and consent , and renouncing the covenant . this session was no sooner ended without doing any thing , but the whole clergy were instructed to declare that there was now no more danger of the papists : the phanatique ( for so they call the dissenting protestant ) is again become the only dangerous enemy , and the bishops had found a scoth lord , and two new ministers , or rather great officers of england , who were desperate and rash enough , to put their masters business upon so narrow and weak a bottom ; and that old covenanter lauderdale , is become the patron of the church , and has his coach and table fil'd with bishops . the keeper and the treasurer are of a just size to this affair , for it is a certain rule with the church men , to endure ( as seldom as they can ) in business , men abler then themselves . but his grace of scotland : was least to be executed of the three , for having fall'n from presbitery , protestaant religion , and all principles of publick good and private friendship , and become the slave of clifford to carry on the ruine of all that he had professed to support , does now also quit even clifford's generous principles , and betake himself to a so●t of men , that never forgive any man the having once been in the right ; and such men , who would do the worst of things by the worst of means , enslave their country , and betray them , under the mask of religion , which they have the publick pay for , and charge off ; so seething the kid in the mothers milk . our statesmen and bishops being now as well agreed , as in old land's time , on the same principles ▪ with the same passion to attain their end , they in the first place give orders to the judges in all their circuits to quicken the execution of the laws against dissenters ; a new declaration is published directly contrary to the former , most in words against the papists , but in the sense , and in the close , did fully serve against both , and in the execution , it was plain who were meant . a commission besides , comes down directed to the principal gentlemen of each country , to seize the estates of both papists and phanatiques , mentioned in a li●t annexed , wherein by great misfortune , or skill , the names of the papists of best quality and fortune ( and so best known ) were mistaken , and the commission render'd ineffectual as to them . besides this , the great ministers of state did in their common publick assure the partie , that all the places of profit , command , and trust , should only be given to the old cavalier ; no man that had served , or been of the contrary party , should be left in any of them ; and a direction is issued to the great ministers before mentioned , and six or seven of the bishops to meet at lambeth-house , who were like the lords of the articles in scotland , to prepare their compleat modell for the ensuing session of parliament . and now comes this memorable session of aprill 13. 75. then , which never any came with more expectation of the court , or dread and apprehension of the people ; the officers , court lords , and bishops , were clearly the major vote in the lords house , and they assured themselves to have the commons as much at their dispose when they reckoned the number of the courtiers , officers , pensioners encreased by the addition of the church and cavalier party , besides the address they had made to men of the best quality there by hopes of honor , great employment , and such things as would take . in a word , the french king's ministers , who are the great chapmen of the world , did not out-doe ours at this time , and yet the over ruling hand of god has blown upon their politicks , and the nation is escaped this session , like a bird out of the snare of the flower . in this sessions the bishops wholly laid aside their zeal against popery . the committee of the whole house for religion , which the country lords had caused to be set up again by the example of the former sessions , could hardly get , at any time , a day appointed for their sitting , and the main thing design'd for a bill voted in the former session , viz. the marrying our princes to none but protestants , was rejected and carryed in the negative by the unanimous votes of the bishops bench ; for i must acquaint you that our great prelates were so neer an intallibility , that they were always found in this session of one mind in the lords house ; yet the lay lords , not understanding from how excellent a principle this proceeded , commonly called them for that reason the dead weight , and they really proved so in the following business , for the third day of this session this bill of test was brought into the lords house by the earl of lindsey l. high chamberlain , a person of great quality , but in this imposed upon , and received its first reading and appointment for the second without much opposition ; the country lords being desirous to observe what weight they put upon it , or how they designed to manage it . at the second reading , the l. keeper , and some other of the court lords , recommended the bill to the house in set and elaborate speeches , the keeper calling it a moderate security to the church and crown , and that no honest man could refuse it , and whosoever did , gave great suspition of dangerous , and anti-monarchicall principles , the other lords declame very much upon the rebellion of the late times , the great number of phanatiques , the dangerous principles of rebellion still remaining , carrying the discourse on as if they meant to trample down the act of oblivion , and all those whose securities depended on it , but the ●arl of shaftsbury and some other of the country lords , earnestly prest that the bill might be laid aside , and that they might not be engaged in the debate of it ; or else that that freedom they should be forced to use in the necessary defence of their opinion , and the preserving of their laws , rights , and liberties , which this bill would overthrow , might not be misconstrued : for there are many things that must be spoken upon the debate , both concerning church and state , that it was well known they had no mind to hear . notwithstanding , this the great officers and bishops called out for the question of referring the bill to a committee ; but the earl of shaftsbury , a man of great abilities , and knowledg in affairs , and one that , in all these variety of changes of this last age , was never known to be either bought or frighted out of his publick principles , at large opened the mischievous , and ill designs , and consequences of the bill , which as it was brought in , required all officers of church and state , and all members of both houses of parliament , to take this oath following . j. a. b. do declare that it is not lawful upon any pretence whatsoever , to take up armes against the king , and that i do abhorr that traiterous position of taking armes by his authority , against his person , or against those that are commission'd by him in pursuance of such commission ; and i do swear that i will not at any time endeavor the alteration of the government , either in church or state , so help me god. the earl of shaftsbury and other lords , spake with such convincing reason , that all the lords , who were at liberty from court-engagements , resolved to oppose to the uttermost , a bill of so dangerous consequence ; and the debate lasted five several days before it was committed to a committee of the whole house , which hardly ever happened to any bill before , all this and the following debates ▪ were managed cheifly by the lords , whose names you will find to the following protestations ; the first whereof , was as followeth . we whose names are under written being peers of this realm , do according to our rights and the ancient vsage of parliaments , declare that the question having been put whether the bill ( entitled an act to prevent the danger which may arise from persons disaffected to the government ) doth so far intrench upon the priviledges of this house ; that it ought therefore to be cast out . it being resolved in the negative , we do humbly conceive that any bill which imposeth an oath upon the peers with a penal●y , as this doth , that upon the refusal of that oath , they shall be made uncapable of sitting and voting in this house , as it is a thing unpresidented in former times , so is it , in our humble opinion , the highest invasion of the liberties and priviledges of the peerage , that possibly may be , and most destructive of the freedom , which they ought to enjoy as members of parliament , because the priviledges of sitting and voting in parliament is an honor they have by birth , and a right so inherant in them , and in separable from them , as that nothing can take it away , but what by the law of the land , must withal , take away their lives , and corrupt their blood ; upon which ground we do here enter our dissent from that vote , and our protestation against it buckingham bridgwater winchester salisbury bedford dorset aylisbury bristol denbigh pagitt holles peter howard e. of berks mohun stamford hallifax de la mer eure shaftsbury clarendon grey roll. say & seal wharton the next protestation was against the vote of committing the bill in the words following ; the question being put whether the bill entituled an act to prevent the dangers , which may arise from persons disaffected to the government , should be commited , it being carried in the affirmative , and we after several days debate , being in no measure satisfied , but still apprehending that this bill doth not only subvert the priviledges , and birth-right of the peers , by imposing an oath upon them with the penalty of losing their places in parliament ; but also , as we humbly conceive , stick at the very root of government ; it being necessary to all government to have freedom of votes and debates in those , who have power to alter , and make laws , and besides , the express words of this bill , obliging every man to abjure all endeavors to alter the government in the church ; without regard to any thing that rules of prudence in the government , or christian compassion to protestant dissenters , or the necessity of affairs at any time , shall or may require . vpon these considerations , we humbly conceive it to be of dangerous consequence to have any bill of this nature , so much as committed , and do enter our dissents from that vote and protestation against it , buckingham winton salisbury denbigh bristol howard of berks clarendon stamford shaftsbury wharton mohun de la mer which protestation was no sooner entred and subscribed the next day , but the great officers and bishops raised a storm against the lords that had subscrib'd it ; endeavouring not only some severe proceedings against their persons , if they had found the house would have born it , but also to have taken away the very liberty of entring protestations with reasons ; but that was defended with so great ability , learning , and reason by the l. holles , that they quitted the attempt , and the debate run for some hours either wholly to raze the protestation out of the books , or at least some part of it , the expression of christian compassion to protestant dissenters being that , which gave them most offence ; but both these ways were so disagreeable to the honor and priviledg of the house , and the latter to common sense and right , that they despaired of carrying it , and contented themselves with having voted that the reasons given in the said protestation , did reflect upon the honor of the house , and were of dangerous consequence . and i cannot here forbear to mention the worth , and honor , of that noble lord holles , suitable to all his former life , that whilst the debate was at the height , and the protesting lords in danger of the tower ; he begg'd the house to give hime leave to put his name to that protest , and take his fortune with those lords , because his sickness had forced him out of the house the day before , so that not being at the question , he could not by the rules of the house sign it . this vote against those twelve lords begat the next day this following protestation signed by 21. whereas it is the undoubted priviledg of each peer in parliament when a question is past contrary to his vote and judgment , to enter his protestation against it , and that in pursuance thereof , the bill entituled an act to prevent the dangers which may may arise from persons disaffected to the government , being conceived by some lords to be of so dangerous a nature , as that it was not fit to receive the countenance of a committment , those lords did protest against the commitment of the said bill , and the house having taken exceptions at some expressions in their protestation ; those lords who were present at the debate , did all of them severally and voluntarily declare , that they had not intention to reflect upon any member , much less upon the whole house , which , as is humbly conc●ived , was more then in strictness did consist with that absolute freedom of protesting , which is inseparable from every member of this house , and was done by them meerly out of their great respect to the house , and their earnest desire to give all satisfaction concerning themselves , and the clearness of their intentions : yet the house not satisfied with this their declaration but proceeding to a vote , that the reasons given in the said protestation do reflect upon the honor of the house , and are of dangerous consequence ; which is in our humble opinion , a great discountenancing of the very liberty of protesting . we whose names are under written , conceive our selves , and the whole house of peers , extreamly concerned that this great wound should be given ( as we humbly apprehend ) to so essential a priviledg of the whole peerage of this realm , as their liberty of protesting , do now ( according to our unquestionable right ) make use of the same liberty to enter this our dissent from , and protestation against the said vote , bucks winton bedford dorset salisbury bridgwater denbigh berks clarendon aylisbury shaftsbury say & seal hallifax audley fits water eure wharton mohun holles de la mer grey roll. after this bill being committed to a committee of the whole house , the first thing insisted upon by the lords against the bill ; was , that there ought to be passed some previus votes to secure the rights of peerage , and priviledg of parliament before they entred upon the debate , or amendments of such a bill as this ; and at last two previous votes were obtained , which i need not here set down , because the next protestation hath them both in terminis . whereas upon the debate on the bill entituled an act to prevent the dangers which may arise from persons disaffected to the government ▪ it was ordered by the house of peers the 30th . of aprill last , that no oath should be imposed by any bill , or otherwise , upon the peers with a penalty in case of refusal , to lose their places , or votes in parliament , or liberty to debate therein ; and whereas also , upon debate of the same , the bill was ordered the third of this instant may , that there shall be nothing in this bill , which shall extend to deprive either of the houses of parliament , or any of their members , of their just ancient freedom , and priviledg of debating any matter or business which shall be propounded , or debated in either of the said houses , or at any conference or committee , of both , or either of the said houses of parliament , or touching the repeal , or alteration of any old , or preparing any new laws , or the redressing any publick grievance ; but that the said members of either of the said houses , and the assistance of the house of peers , and every of them , shall have the same freedom of speech , and all other priviledges whatsoever , as they had before the making of this act. both which orders were passed as previous directions unto the committee of the whole house , to whom the said bill was committed , to the end that nothing should remain in the said bill , which might any ways tend towards the depriving of either of the houses of parliament , or any of their members , of their ancient freedom of debates , or votes , or other their priviledges whatsoever . yet the house being pleased , upon the report from the committee , to pass a vote , that all persons who have , or shall have right to sit and vote in either house of parliament , should be added to the first enacted clause in the said bill , whereby an oath is to be imposed upon them as members of either house , which vote we whose names are under written being peers of this realm , do humbly conceive , is not agreeable to the said two previous orders , and it having been humbly offered , and insisted upon by divers of us , that the proviso in the late act entituled an act for preventing dangers , that may happen from popish recusants ; might be added to the bill depending , whereby the peerage of every peer of this realm , and all their priviledges , might be preserved in this bill , as fully as in the said late act : yet the house not pleasing to admit of the said proviso , but proceeding to the passing of the said vote , we do humbly upon the grounds aforesaid , and according unto our undoubted right , enter this our dissent from , and protestation against the same . bucks bedford winton salisbury berks bridgwater stamford clarendon denbigh dorset shaftsbury wharton eure de la mer pagitt mohun this was their last protestation ; for after this they alter'd their method , and reported not the votes of the committee , and parts of the bill to the house , as they past them , but ▪ took the same order as is observed in other bills , not to report unto the house , untill they ●ad gone through with the bill , and so report all the amendments together . this they thought a way of more dispach and which did prevent all protestations , untill it came to the house ; for the votes of a committe , though of the whole house , are not thought of that weight , as that there should be allowed the entering a dissent of them , or protestation against them . the bill being read over at the committee , the lord keeper objected against the form of it , and desired that he might put it in another method , which was easily allowed him , that being not the dispute . but it was observeable the hand of god was upon them in this whole affair ; their chariot-wheels were taken off , they drew heavily : a bill so long design'd , prepared , and of that moment to all their affairs , had hardly a sensible composure . the first part of the bill that was fallen upon ; was , whether there should be an oath at all in the bill , and this was the only part the court-partie defended with reason : for the whole bill being to enjoyn an oath , the house mig●t reject it , but the committee was not to destroy it . yet the lord hallifax did with that quickness , learning , and elegance , which are inseparable from all his discourses , make appear , that as there really was no security to any state by oaths , so also , no private person , much less states-man , would ever order his affairs as relying on it , no man would ever sleep with open doors , or unlockt up treasure , or plate , should all the town be sworn not to rob ; so that the use of multiplying oaths had been most commonly to exclude , or disturb some honest consciencious men , who would never have prejudiced the government . it was also insisted on by that lord and others , that the oath imposed by the bill , contained three clauses , the two former assertory , and the last promissory , and that it was worthy the consideration of the bishops ▪ whether assertory oaths , which were properly appointed to give testimony of a matter of fact , whereof a man is capable to be fully assured by the evidence of his senses , be lawfully to be made use of to confirm , or invalidate doctrinal propositions , and whether that legislative power , which imposes such an oath , doth not necessarily assume to it self an infallibility ? and , as for prom●ssory oaths , it was desired that those learned prelates would consider the opinion of grotius de jure bellj & pacis , lib. 2. cap. xiii . who seems to make it plain that those kind of oaths are forbidden by our saviour christ , mat. 5. 34 , 37. and whether it would not become the fathers of the church , when they have well weighed that and other places of the new testament ; to be more tender in multiplying oaths , then hitherto the great men of the church have been ? but the bishops carried the point , and an oath was ordered by the major vote . the next thing in consideration , was about the persons that should be enjoyned to take this oath ; and those were to be , all such as enjoyed any beneficial office or employment , ecclesiastical , civil , or military ; and no farther went the debate for some hours , until at last the lord keeper rises up , and with an eloquent oration , desires to add privy counsellors , iustices of the peace , and members of both houses ; the two former particularly mentioned only to usher in the latter ; which was so directly against the two previous votes , the first of which was enroll'd amongst the standing orders of the house , that it wanted a man of no less assurance in his eloquence to propose it , and he was driven hard , when he was forced to tell the house , that they were masters of their own orders , and interpretation of them . the next consideration at the committee was the oath it self , and it was desired by the countrey lords , that it might be clearly known , whether it were meant all for an oath , or some of it a declaration , and some an oath ? if the latter , then it was desired it might be distinctly parted , and that the declaratory part should be subscribed by it self , and not sworn . there was no small pains taken by the lord keeper and the bishops , to prove that it was brought in ; the two first parts were only a declaration , and not an oath ; and though it was replyed that to declare upon ones oath , or to abhorr upon ones oath , is the same thing with i do swear ; yet there was some difficulty to obtain the dividing of them , and that the declaratory part should be only subscribed , and the rest sworn to . the persons being determin'd , and this division agreed to , the next thing was the parts of the declaration , wherein the first was ; j a. b. do declare that it is not lawful upon any pretence whatsoever , to take up armes against the king. this was lyable to great objections ; for it was said it might introduce a great change of the government , to oblige all the men in great trust in england , to declare that exact boundary , and extent , of the oath of allegiance , and inforce some things to be stated , that are much better involv'd in generals , and peradventure are not capable of another way of expression , without great wrong on the one side , or the other . there is a law of 25 edw. 3. that armes shall not be taken up against the king , and that it is treason to do so , and it is a very just and reasonable law ; but it is an idle question at best , to ask whether armes in any case can be taken up against a lawful prince , because it necessarily brings in the debate in every man's mind , how there can be a distinction then left between absolute , and bounded monarchys , if monarchs have only the fear of god , and no fear of humane resistance to restrain them . and it was farther urged , that if the chan●e of humane affairs in future ages , should give the french king a just title and investiture in the crown of england , and he should avowedly own a design by force , to change the religion , and make his government here as absolute as in france , by the extirpation of the nobility , gentry , and principal citizens of the protestant party , whether in such , or like cases , this declaration will be a service to the government , as it is now establisht : nay , and it was farther said , that they overthrow the government that suppose to place any part of it above the fear of man : for in our english government , and all bounded monarchys , where the prince is not absolute , there every individual subject is under the fear of the king , and his people , either for breaking the peace , or disturbing the common interest that every man hath in it , or if he invades the person or right of his prince , he invades his whole people , who have bound up in him , and derive from him , all their liberty , property , and safety : as also the prince himself , is under the fear of breaking that golden chain and connexture between him and his people , by making his interest contrary to that they justly and rightly claim : and therefore neither our ancestors , nor any other country free like ours , whilst they preserv'd their liberties , did ever suffer any mercenary , or standing guards to their prince , but took care that his safety should be in them , as theirs was in him ▪ though these were the objections to this head , yet they were but lighty touch'd , and not fully insisted upon , until the debate of the second head , where the scope of the design was opened clearer , and more distinct to every man's capacity . the second was , and that i do abhorr that trayterous position of taking armes by his authority against his person . to this was objected , that if this be meant an explanation of the oath of allegiance to leave men without pretense to oppose where the individual person of the king is , then it was to be considered , that the proposition as it is here set down is universal , and yet in most cases the position is not to be abhorred by honest or wise men : for there is but one case , and that never like to happen again , where this position is in danger to be trayterous , which was the case of the long parliament , made perpetual● by the king 's own act , by which the government was perfectly altered , and made inconsistent with its self ; but it is to be supposed the crown hath sufficient warning , and full power to prevent the falling again into that danger . but the other cases are many , and such as may every day occurr , wherein this position is so far from traiterous , that it would prove both necessary and our duty . the famous instance of hen. 6. who being a soft and weak prince , when taken prisoner by his cousin edward 4. that pretended to the crown , and the great earl of warwick , was carryed in their armies , gave what orders and commissions they pleased , and yet all those that were loyal to him adhered to his wife and son , fought in a pitcht battel against him in person , and retook him : this was directly taking up armes by his authority against his person , and against those that were commission'd by him , and yet to this day no man hath ever blamed them , or thought but that , if they had done other , they had betray'd their prince . the great case of charles 6. of france , who being of a weak and crazie brain , yet govern'd by himself , or rather by his wife , a woman of passionate , and heady humour , that hat●ed her son the dolphin , a vigorous and brave prince , and passionately loved her daughter ; so that she easily ( being pressed by the victory of hen. 5. of england ) comply'd to settle the crown of france upon him , to marry her daughter to him , and own his right , contrary to the salique law. this was directly opposed with armes and force by the dolphin , and all good french men , even in his father's life time . a third instance is that of king iames of blessed memory , who when he was a child , was seized , and taken prisoner by those , who were justly thought no friends to his crown or safe●y , and if the case should be put , that a future king of england of the same temper with hen. 6. or charl. 6. of france , should be taken prisoner by spaniard , dutch , or french , whose overgrowing power should give them thoughts of vast empire , and should , with the person and commission of the king , invade england for a conquest , were it not suitable to our loyalty to joyn with the son of that king , for the defence of his fathers crown and dignity , even against his person and commission ? in all these and the like cases it was not justified , but that the st●ict letter of the law might be otherwise co●strued , and when wisely considerd , fit it ▪ should be so , yet that it was not safe either for the kingdom , or person of the king and his crown , that it should be in express words swor● against ; for if we shall forswear all distinctions , which ill men have made ill use of , either in rebellion , or heresy , we must extend the oath to all the particulars of divinity , and politiques . to this the aged bishop of winchester reply'd , that to take up armes in such cases , is not against , but for the person of the king : but his lordship was told that he might then as well , nay much better , have le●t it upon the old oath of allegiance , then made such a wide gapp in his new declaration . the th●rd and last part of the de●laration was or against those that are commissioned by him . here the mask was plainly pluckt off , and arbitrary government appear'd bare-faced , and a standing army to be established by act of parliament , for it was said by several of the lords , that if whatever is by the kings commission , be not opposed by the king's authority , then a standing army is law when ●ver the king pleases ; and yet the king's commission was never thought sufficient to protect , or justify any man , where it is against his authority , which is the law ; this allowed alters the whole law of england , in the most essential and fundamental parts of it , and makes the whole law of property to become arbitrary , and without effect , whenever the king pleases . for instance , if in a suit with a great favourite , a man recovers house and lands , and by course of law be put into possession by the sheriff , and afterwards a warrant is obtain'd by the interest of the person , to command some souldiers of the standing army to take the possession and deliver it back , in such a case , the man in possession may justify to defend himself , and killing those who shall violently endeavour to enter his house , the party , whose house is invaded , takes up armes by the king's authority against those , who are commissioned by him . and it is the same case , if the souldiers had been commissioned to defend the house against the sheriff , when he first endeavored to take the possession according to law , neither could any order , or commission of the king 's , put a stop to the sheriff , if he had done his duty in raising the whole force of that count to put the law in execution ; neither can the court ▪ from whom that order proceeds , ( if they observe their oaths , and duty ) put any stop to the execution of the law in such a case , by any command or commission from the king whatsoever ; nay , all the guards , and standing forces in england , cannot be secured by any commission from being a direct riot , and unlawful assembly , unless in time of open war and rebellion : and it is not out of the way to suppose , that if any king hereafter , shall contrary to the petition of right , demand , and levie money by privy-seal , or otherwise , and cause souldiers to enter , and distrain fo● such like illegall taxes , that in such a case any man may by law defend his house against them ; and yet this is of the same nature with the former , and against the words of the declaration . these instances may seem somwhat rough , and not with the usual reverence towards the crown , but they alleadged , they were to be excused , when all was concerned , and without speaking thus plain , it is refused to be understood ; and , however happy we are now , either in the present prince , or those we have in prospect , yet the suppositions are not extravagant , when we consider , kings are but men , and compassed with more temptations then others ; and , as the earl of salisbury , who stood like a rock of nobility , and english principles , excellently replyed to the lord keeper , who was pleased to term them remote instances , that they would not hereafter prove so , when this declaration had made the practise of them justifiable . these arguments enforced the lords for the bill to a change of this part of the declaration , so that they agreed the second ▪ and thrid parts of it , should run th●s ; and i do abhorr that trayterous position of taking armes against by his authority , against his person , or against those , that are commissioned by him according to law , in time of rebellion , or war , acting in pursuance of such commission . which mends the matter very little ; for if they mean the king's authority , and his lawful commission , to be two things , and such as are capable of opposition , then it is as dangerous to are the liberties of the nation , as when it run in the former words , and we only chea●ed by new phrasing of it : but if they understand them to be one and the same thing , as really and truly they are , then we are only to abhorr the treason of the position of taking armes by the king's authority against the king's authority , because it is non-sense , and not practicable ; and so they had done little but confest , that all the clergy and many other persons , have been forced by former acts of this present parliament , to make this declaration in other words , that now are found so far from being justifiable , that they are directly contrary to magna charta our properties , and the establish'd law and government of the nation . the next thing in course was , the oath it self , against which the objection lay so plain , and so strong at the first entrance , viz. that there was no care taken of the doctrine , but only the discipline of the church . the papists need not scruple the taking this oath ; for episcopacy remains in its greatest lustre , though the popish religion was introduced , but the king's supremacy is justled aside by this oath , and makes better room for an ecclesiastical one , in so much that with this , and much more , they were inforced to change their oath , and the next day bring it in as followeth . i do swear that i will not endeavour to alter the protestant religion or the government either of church or state. by this they thought they had salved all , and now began to call their oath a security for the protestant religion , and the only good design to prevent popery , if we should have a popish prince . but the countrey lords wondred at their confidence in this , since they had never thought of it before , and had been but the last preceeding day of the debate by pure shame compell'd to to this addition ; for it was not unknown to them , that some of the bishops themselves had told some of the roman catholick lords of the house , that care had been taken that it might be such an oath , as might not bear upon them . but let it be whatever they would have it , yet the countrey lords thought the addition was unreasonable , and of as dangerous consequence as the rest of the oath . and it was not to be wondred at , if the addition of the best things , wanting the authority of an express divine institution , should make an oath not to endeavor to alter , just so much worse by the addition . for as the earl of shaftsbury very well urg'd , that it is a far different thing to believe , or to be fully persuaded of the truth of the doctrine of our church ; and to swear never to endeavor to alter ; which last , must be utterly unlawful , unless you place an infallibility either in the church , or your self , you being otherwise obliged to alter , when ever a clearer , or better light comes to you ; and he desir'd leave to ask , where are the boundaries , or where shall we find , how much is meant by the protestant religion . the lord keeper thinking he had now got an advantage , with his usual eloquence , desires it might not be told in gath , nor published in the streets of askalon , that a lord of so greats parts , and 〈…〉 himself for the church of england , should not know what is meant by the protestant religion . this was seconded with great pleasantness by div●rs of the lords the bishops ; but the bishop of winchester , and some others of them were pleased to condescend to instruct that lord , that the protestant religion was comprehended in 39 articles , the liturgie , the catechisme , the homilies , and the canons . to this the earl of shaftsbury replied , that he begg'd so much charity of them to believe , that he knew the protestant religion so well , and was so confirmed in it , that he hoped he should burn for the witness of it , if providence should call him to it : but he might perhaps think some things not necessary , that they accoun●ed essential , nay he might think some things not true , or agreeable to the scripture , that they might call doctrines of the church : besides when he was to swear never to endeavor to alter , it was certainly necessary to know how far the just extent of this oath was ; but since they had told him that the protestant religion was in those 5 tracts , he had still to ask , whether they meant those whole tracts were the protestant religion , or only that the protestant religion was contained in all those , but that every part of these was not the protestant religion . if they meant the ●ormer of these then he was extreamly in the dark to find the doctrine of predestination in the 18. and 17. art. to be owned by so few great doctors of the church , and to find the 19. art. to define the church directly as the independents do : besides the 20. art. sta●ing the authority of the church is very dark , and either contradicts it self , or says nothing , or what is contrary to the known laws of the land ; besides several other things , in the 39 articles , have been preached , and writ against by men of great favor , power , and preferment in the church . he humbly conceived the liturgie was not so sacred , being made by men the other day ; and thought to be more differing from the dissenting protestants , and less easy to be complyd with , upon the advantage of a pretense well known unto us all , of making alterations as might the better unite us ; in stead whereof , there is scarce one altera●ion , but widens the breach , and no ordination allow●d by it here , ( as it now stands last reformed in the act of vniformity ) but what is episcopall ; in so much that a popish priest is capable , when converted , of any church preferment without reordination ; but no protestant minister not episcopally ordain'd , but is required to be reordain'd , as much as in us lies unchurching all the forreign protestants , that have not bishops , though the contrary was both allow●d , and practis'd from the beginning of the reformation till the time of that act , and several bishops made of such , as were never ordain'd priests by bishops . moreover the vncharitableness of it was so much against the interest of the crown , and church of england ( casting off the dependency of the whole protestant partie abroad ) that it would have been bought by the pope and french king at a vast summ of money ; and it is difficult to conceive so great an advantage fell to them meerly by chance , and without their help ; so that he thought to endeavor to alter , and restore the liturgy to what it was in queen elizabeths days might consist with his being a very good protestant . as to the catachisme , he really thought it might be mended , and durst declare to them , it was not well that there was not a better made . for the homilies he thought there might be a better book made , and the 3. hom. of repairing and keeping clean of churches , might be omitted . what is yet stranger then all this , the canons of our church are directly the old popish canons , which are still in force , and no other ; which will appear , if you turn to the stat. 25. hen. 8. cap. 19 confirmed and received by 1. eliz. where all those canons are establish'd , untill an alteration should be made by the king in pursuance of that act ; which thing was attempted by edward the 6th . but not perfected , and let alone ever since , for what reasons the lords the bishops could best tell ; and it was very hard to be obliged by oath not to endeavour to alter either the english common-prayer book , or the canon of the mass. but if they meant the latter , that the protestant religion is contein'd in all those , but that every part of those is not the protestant religion , then ●e apprehended it might be in the bishops power to declare ex post facto what is the protestant religion or not , or else they must leave it to every man to judge for himself , what parts of those books are or are not , and then their oath had been much better let alone . much of this nature was said by that lord , and others , and the great officers , and bishops were so hard put to it , that they seemed willing , and convinced to admit of an expedient . the lord wharton and old and expert parliament man of eminent piety and abilities , beside a great friend to the protestant religion , and interest of england , offer'd as a cure to the whole oath , and what might make it pass in all the 3 parts of it , without any farther debate , the addition of these words at the latter end of the oath , viz. as the same is or shall be establish'd by act of parliament , but this was not endured at all , when the lord grey of rollston , a worthy and true english lord , offered another expedient , which was the addition of words , by force or fraud , to the beginning of the oath , and then it would run thus , i do swear not to endeavor by force or fraud to alter ; this was also a cure that would have passed the whole oath , and seemed as if it would have carried the whole house ▪ the duke of york and bishop of rochester both second●ng it ; but the lord trea●urer , who had privately before consented to it , speaking against it , gave the word and sign to that party , and it being put to the question , the major vote answered all arguments , and the l. grey's proposition was laid aside . having thus carried the question , relying upon their strength of votes , taking advantage that those expedients that had been offered , extended to the whole oath , though but one of the 3 clauses in the oath had been debated , the other two not mentioned at all , they attempted strongly at nine of the clock at night to have the whole oath put to the question , and though it was resolutely opposed by the lord mohun , a lord of great courage , and resolution in the publick interest , and one whose own personal merits , as well as his fathers , gave him a just title to the best favors of the court ; yet they were not diverted but by as great a disorder as ever was seen in that house proceeding from the rage those unreasonable proceedings had caused in the country lords , they standing up in a clump together , and crying out with so loud a con●inued voice adjourn , that when silence was obtain'd , fear did what reason could not do , cause the question to be put only upon the first clause concerning protestant religion , to which the bishops desired might be added , as it is now established , and one of the eminentest of those were for the bill added the words by law ; so that , as it was passed , it ran , i ▪ a. b. do swear that i will not endeavor to alter the protestant religion now by law established in the church of england . and here observe the words by law do directly take in the canons though the bishops had never mentioned them . and now comes the consideration of the latter part of the oath which comprehends these 2 clauses , viz. nor the goverment either in church or state , wherein the church came first to be considerd . and it was objected by the lords against the bill that it was not agreeable to the king's crown and dignity , to have his subjects sworn to the government of the church equally as to himself ; that for the kings of england to swear to maintain the church , was a diffe●ent thing from enjoyning all his officers , and both his houses of parliament to swear to them . it would be well understood , before the bill passed , what the government of the church ( we are to swear to ) is , and what the boundaries of it , whether it derives no power , nor authority , nor the exercise of any power , authority , or function , but from the king as head of the church , and from god as through him , as all his other officers do ? for no church or religion can justify it self to the government , but the state religion , that ownes an entire dependency on , and is but a branch of it ; or the independent congregations ; whilest they claim no other power , but the exclusion of their own members from their particular communion , and endeavor not to set up a kingdom of christ to their own use in this world , whilest our saviour hath told us , that his kingdom is not of it ; for otherwise there would be imperium in imperio , and two distinct supream powers inconsistent with each other , in the same place , and over the same persons . the bishops al●eadged ▪ that priesthood and the power thereof , and the authorities belonging thereunto were derived immediately from christ , but that the license of exercising that authority and power in any country is derived from the civil magistrate : to which was replied , that it was a dangerous thing to secure by oath , and act of parliament those in the exercise of an authority , and power in the king's country , and over his subjects , which being received from christ himself , cannot be altered , or limitted by the king's laws ; and that this was directly to set the mitre above the crown . and it was farther offered , that this oath was the greatest attempt that had been made against the king's supremacy since the reformation ; for the king in parliament may alter , diminish , enlarge , or take away any bishoprick ; he may take any part of a diocess , or a whole diocess , and put them under deans , or other persons ; ●or if this be not lawful , but that episcopacy should be jure divino , the maintaining the government : as it is now , is unlawful ; since the deans of hereford , and salisbury , have very large tracts under their jurisdiction , and several parsons of parishes have episcopal jurisdiction ; so that at best that government wants alteration , that is so imperfectly settled . the bishop of winchester affirmed in this debate several times , that there was no christian church before calvin that had not bishops ; to which he was answered that the albigenses a very numerous people , and the only visible known church of true beleivers , of some ages , had no bishops . it is very true , what the bishop of winchester replyd , that they had some amongst them , who alone had power to ordain , but that was only to commit that power to the wisest , and gravest men amongst them , and to secure ill , and unfit men from being admitted into the ministery ; but they exercis'd no jurisdiction over the others . and it was said by divers of the lords , that they thought episcopal government best for the church , and most suitable for the monarchy , but they must say with the lord of southampton upon the occasion of this oath in the parliament of oxford , i will not be sworn not to take away episcopacie , there being nothing , that is not of divine precept , but such circumstances may come in humane affairs , as may render it not eligible by the best of men. and it was also said , that if episcopacy be to be received as by divine precept , the king's supremacy is overthrown , and so is also the opinion of the parliaments both in edw. 6. and queen elizabeths time ; and the constitution of our church ought to be altered , as hath been shewd . but the church of rome it self hath contradicted that opinion , when she hath made such vast tracts of ground , and great numbers of men exempt from episcopal jurisdiction . the lord wharton upon the bishops claim to a divine right , asked a very hard question , viz. whether they then did not claim withall , a power of excommunicating their prince , which they evading to answer , and being press'd by some other lords , said they never had done it . upon which the lord hallifax told them that that might well be ; for since the reformation they had hitherto had too great a dependance on the crown to venture on that , or any other offence to it : and so the debate passed on to the third clause , which had the same exceptions against it with the two former , of being unbounded how far any man might meddle , and how far not , and is of that extent , that it overthrew all parliaments , and left them capable of nothing but giving money . for what is the business of parliaments but the alteration , either by adding , or taking away some part of the government , either in church or state ? and every new act of parliament is an alteration ; and what kind of government in church and state must that be , which i must swear upon no alteration of time , emergencie of affairs , nor variation of humane things , never to endeavor to al●er ? would it not be requ●site that such a government should be given by god himself , and that withall the ceremonie of thunder , and lightening , and visible appearance to the whole people , which god vouchsafed to the chrildren of israel at mount sinaj ? and yet you shall no where read that they were sworn to it by any oath like this : nay on the contrary , the princes and the rulers , even those recorded for the best of them , did make sever●l variations . the lord stafford , a noble man of great honor and candour , but who had been all along for the bill , yet was so far convinced with the debate , that he freely declared , there ought to be an addition to the oath , for preserving the freedom of debates in parliament . this was strongly urged by the never to be forgotten , earl of bridgwater , who gave reputation , and strength to this cause of england ; as did also those worthy earls denbigh , clarendon , and aylisbury , men of great worth and honor. to salve all that was said by these , and the other lords , the lord keeper and the bishops urged , that there was a proviso , which fully preserved the priviledges of parliament , and upon farther enquiry there appearing no such , but only a previous vote , as is before mention'd , they allow●d that that previous vote should be drawn into a proviso , and added to the b●ll , and then in their opinion the exception to the oath for this cause was perfectly removed ; but on the other side it was offered , that a positive absolute oath being taken , a proviso in the act could not dispence with it without some reference in the body of the oath , unto that proviso ; but this also was utterly denied , untill the next day , the debate going on upon other matters , the lord treasurer , whose authority easily obtained with the major vote , reassumed what was mentioned in the debates of the proceeding days , and allow'd a reference to the proviso ▪ so that it then past in these words , i a. b. do swear that i will not endeavor to alter the protestant religion now by law establisht in the church of england , nor the government of this kingdom in church , or state , as it is now by law established , and i do take this oath according to the meaning of this act and the proviso contain'd in the same , so help me god. there was a passage of the very greatest observation in the whole debate , and which with most clearness shewd what the great men and bishops aimed at , and should in order have come in before , but that it deserved so particular a consideration , that i thought best to place it here by it self , which was , that upon passing of the p●oviso for preserving the rights , and priviledges of parliaments made out of the previous votes , it was excellently observ'd by the earl of bullingbrook , a man of great abilitie , and learning in the laws of the land , and perfectly stedfast in all good english principles , that though that proviso did preserve the freedom of debates and votes in parliament , yet the oath remain'd notwithstanding that proviso upon all men , that shall take as a prohibition either by speech , or writing , or address , to endeavor any alteration in religion , church , or state ; nay also upon the members of both houses otherwise then as they speak , and vote in open parliaments or committees : for this oath takes away all private converse upon any such affairs even one with another . this was seconded by the lord de la mer , whose name is well known , as also his worth , piety , and learning ; i should mention his great merits too , but i know not whether that be lawful , they lying yet unrewarded . the lord shaftsbury presently drew up some words for preserving the same rights , priviledges , and freedoms , which men now enjoy by the laws established , that so by a side wind we might not be deprived of the great liberty we enjoy as english men , and desired those words might be inserted in that proviso before it past . this was seconded by many of the forementioned lords , and prest upon those terms , that they desired not to countenance , or make in the least degree any thing lawful , that was not already so , but that they might not be deprived by this dark way of proceeding of that liberty was necessary to them as men , and without which parliaments would be renderd useless . upon this all the great officers showd themselves , nay the d. of lauderdail himself , though under the load of two addresses , opened his mouth , and together with the lord keeper , and the lord treasurer , told the committee in plain terms , that they intended , and design'd to prevent caballing , and conspiracies against the government that they knew no reason why any of the king's officers should consult with parliament men about parliament business , and particularly mention'd those of the armie , treasury , and navy ; and when it was objected to them , that the greatest part of the most knowing gentry were either justices of the peace , or of the militia , and that this took away all converse , or discourse of any alteration , which was in truth of any business in parliament , and that the officers of the navy , and treasury , might be best able to advise what should be fit in many cases ; and that withall none of their lordships did offer any thing to salve the inconvenience of parliament men being deprived of discoursing one with another , upon the matters that were before them . besides it must be again remembred , that nothing was herein desired to be countenanced , or made lawful , but to preserve that that is already law , and avowedly justified by it ; for without this addition to the proviso , the oath renderd parliaments but a snare not a security to the people ; yet to all this was answerd sometimes with passion , and high words , sometimes with jests , and raillery ( the best they had ) and at the last the major vote answered all objections , and laid a side the addition tendered . there was another thing before the finishing of the oath , which i shall here also mention , which was an additional oath tendered by the marquess of winchester , who ought to have been mentioned in the first , and chiefest place for his conduct , and support in the whole debate , being an expert parliament man , and one whose quallity , parts , and fortune , and owning of good principles , concurr to give him one of the greatest places in the esteem of good men. the additional oath tenderd , was as followeth , i do swear that i will never by threats , injunctions , promises , advantages , or invitation , by or from any person whatsoever , nor from the hopes , or prospect of any gift , place , office , or benefit whatsoever , give my vote other then according to my opinion and conscience , as i shall be truly , and really persuaded upon the debate of any-business in parliament ; so help me god. this oath was offerd upon the occasion of swearing memb●rs of parliament , and upon this score only , that if any new oath was thought fit ( which that noble lord declared his own judgment perfectly against ) this certainly was ( all considerations , and circumstances taken in ) most necessary to be a part , and the nature of it was not so strange if they considerd the iudges oath , which was not much different from this . to this the lord keeper seemed very averse , and declared in a very fine speech , that it was an vseless oath ; for all gifts , places , and offices , were likelyest to come from the king , and no member of parliament in either house , could do too much for the king , or be too much of his side , and that men might lawfully , and worthily , have in their prospect , such offices , or benefits from him. with this the lords against the bill , were in no tearms satisfied , but plainly spoke out that men had been , might , and were likely to be , in either house , too much for the king , as they call'd it , and that whoever did endeavour to give more power to the king , then the law and constitution of the government had given , especially if it tended to the introducing an absolute and arbitrary government might justly be said to do too much for the king , and to be corrupted in his judgment by the prospect of advantages , and rewards ; though , when it is considered that every deviation of the crown towards absolute power , lessens the king in the love , and affection of his people , makeing him become less their interest , a wise prince will not think it a service done him. and now remains only the last part of the bill , which is the the penalty different according to the quallifications of the persons all that are , or shall be privy counsellors , iustices of the peace , or possessors of any beneficial office , ecclesiastical , civill , or military , are to take the oath when summoned , upon pain of 500 l. and being made uncapable of bearing office , the members of both houses are not made uncapable , but lyable to the penalty of 500 l. if they take it not . upon all which the considerations of the debate were , that those officers , and members of both houses are of all the nation the most dangerous to be sworn into a mistake , or change of the government , and that , as to the members of both houses , the penalty of 500 l. was directly against the latter of the 2. previous votes , and although they had not applied the penalty of incapacity unto the members of both houses , because of the first previous vote in the case of the lords , neither durst they admit of a proposition made by some of themselves , that those that did not come up , and sit as members , should be lyable to the taking the oath , or penalty , untill they did so : yet their ends were not to be compassed without invading the latter previous vote , and contrary to the rights and priviledges of parliament enforce them to swear , or pay 500 l. every parliament , and this they ca●ried through with so strong a resolution , that having experienced their misfortunes in replys for several hours , not one of the party could be provoked to speak one word . though , besides the former arguments , it was strongly urged , that this oath ought to be put upon officers with a heavier penalty then the test was in the act of the immediate preceding session against the papists , by which any man might sit down with the loss of his office , without being in the darger of the penalty of 500 l. and also that this act had a direct retrospect ( which ought ne●er to be in penall laws ) for this act punishes men for having an office without taking this oath , which office , before this law pass , they may now lawfully enjoy without it . yet notwithstanding it provides not a power , in many cases , for them to part with it , before this oath overtake them ; for the clause whoever is in office the 1. september will not relieve a justice of the peace , who , being once sworn , is not in his own power to be left out of commission ; and so might be instanced in several other cases ; as also the members of the house of commons were not in their own power to be unchosen ; and as to the lords , they were subjected by it to the meanest condition of mankind , if they could not enjoy their birthright , without playing tricks sutable to the humour of every age , and be enforced to swear to every fancie of the present times . three years ago it was all liberty and indulgence , and now it is strict and rigid conformity and what it may be , in some short time hereafter , without the spirit of prophesying might be shrewdly guest by a considering man. this being answerd with silence , the duke of buckingham , whose quality ▪ admirable wit , and unusual pains , that he took all along in the debate against this bill , makes me mention him in this last place , as general of the partie , and coming last out of the field , made a speech late at night of eloquent , and well placed non-sense , showing how excellently well he could do both ways , and hoping that might do , when sense ( which he often before used with the highest advantage of wit , and reason ) would not ; but the earl of winchilsea readily apprehending the dialect , in a short reply , put an end to the debate , and the major vote ultima ratio senatuum , & conciliorum , carried the question as the court , and bishops would have it . this was the last act of this tragi-comedy , which had taken up sixteen or seventeen whole days debate , the house sitting many times till eight or nine of the clock at night , and sometimes till midnight ; but the business of priviledg between the two houses gave such an interruption , that this bill was never reported from the committee to the house . i have mention'd to you divers lords , that were speakers , as it fell in the debate , but i have not distributed the arguments of the debate to every particular lord. now you know the speakers , your curiosity may be satisfied , and the lords i am sure will not quarrel about the division . i must not forget to mention those great lords , bedford , devonshire , and burlington , for the countenance and support they gave to the english interest . the earl of bedford was so brave in it , that he joyn'd in three of the protests ; so also did the earl of dorset , and the earl of stamford , a young noble man of great hopes , the lord eure , the lord viscount say and seal , and the lord pagitt in two ; the lord audley and the lord fitzwater in the 3 d and the lord peter , a noble man of great estate , and always true to the maintenance of liberty , and property in the first . and i should not have omitted the earl of dorset , lord audley , and the lord peter amongst the speakers : for i will assure you they did their parts excellently well . the lord viscount hereford was a steady man among the countrey lords ; so also was the lord townsend , a man justly of great esteem , and power in his own countrey , and amongst all those that well know him . the earl of carnarvon ought not to be mention'd in the last place , for he came out of the countrey on purpose to oppose the bill , stuck very fast to the countrey partie , and spoke many excellent things against it . i dare not mention the roman catholick lords , and some others , for fear i hurt them ; but thus much i shall say of the roman catholick peers , that if they were safe in their estates , and yet kept out of office , their votes in that house would not be the most unsafe to england of any sort of men in it . as for the absent lords , the earl of ruttland , lord sandys , lord herbert of cherbury , lord north , and lord crew , ought to be mentiond with honor , having taken care their votes should maintain their own interest , and opinions ; but the earls of exceter , and chesterfield , that gave no proxies this sessions , the lord montague of boughton , that gave his to the treasurer , and the lord roberts his to the earl of northampton , are not easily to be understood . if you ask after the earl of carlisle , the lord viscount falconbridge , and the lord berkely of berkley castle , because you find them not mentioned amongst their old friends , all i have to say , is , that the earl of carlisle stept aside to receive his pention , the lord berkely to dine with the lord treasurer , but the lord viscount falconberg , like the noble man in the gospel , went away sorrowfull , for he had a great office at court ▪ but i despair not of giving you a better account of them next sessions , for it is not possible when they consider that cromwell's major general , son in law , and friend , should think to find their accounts amongst men that set up on such a bottom . thus sir , you see the standard of the new partie is not yet set up , but must be the work of another session , though it be admirable to me , how the king can be enduced to venture his affairs upon such weak counsels , and of so fatal consequences ; for i believe it is the first time in the world , that ever it was thought adviseable , after fifteen years of the highest peace , quiet , and obedience , that ever was in any countrey , that there should be a pretense taken up , and a reviving of former miscarriages , especially after so many promises , and declarations , as well as acts of oblivion , and so much merit of the offending partie , in being the instruments of the king 's happy return , besides the putting so vast a number of the king's subjects in u●ter despair of having their crimes ever forgotten ; and it must be a great mistake in counsels , or worse , that there should be so much pains taken by the court to debase , and bring low the house of peers , if a military government be not intended by some . for the power of peerage , and a standing army are like two buckets , the proportion that one goes down , the other exactly goes up ; and i refer you to the consideration of all the histories of ours , or any of our neighbor northern monarchies , whether standing forces military , and arbitrary government , came not plainly in by the same steps , that the nobility were lessened ; and whether when ever they were in power , and greatness , they permitted the least shadow of any of them : our own countrey is a clear instance of it ; for though the white rose and the red chang'd fortunes often to the ruine , slaughter and beheading of the great men of the other side ; yet nothing could enforce them to secure themselves by a standing force : but i cannot believe that the king himself will ever design any such thing ; for he is not of a temper rob●st , and laborious enough , to deale with such a sort of men , or reap the advantages , if there be any , of such a government , and i think , he can hardly have forgot the treatment his father received from the officers of his army , both at oxford , and newark ; 't was an hard , but almost an even choice to be the parliaments prisoner , or their slave ; but i am sure the greatest prosperity of his armes could have brought him to no happier condition , then our king his son hath before him whenever he please . however , this may be said for the honor of this session , that there is no prince in christendom hath at a greater expence of money , maintained for two months space , a nobler , or more useful dispute of the politiques , mistery , and see●e●s of government , bo●h in church and state , then this hath been ; of which noble design no part is owing to any of the countrey lords , for they several of them begg'd , at the first entrance into the debate , that they might not be engaged in such disputes , as would unavoidably produce divers things to be said , which they were willing to let alone . but i must bear them witness , and so will you , having read this , that they did their parts in it , when it came to it , and spoke plain like old english lords . i shall conclude with that , upon the whole matter , is most worthy your consideration , that the design is to declare us first into another government more absolute , and arbitrary , then the oath of allegience , or old law knew , and then make us swear unto it , as it is so established : and less then this the bishops could not offer in requi●al to the crown for par●ing with its supremacy , and suffering them to be sworn to equal with it self . archbishop laud was the first founder of this device ; in his canons of 1640. you shall find an oath very like this , and a declaratory canon preceding that monarchy is of divine right , which was also affirmed in this debate by our reverend prelates , and is owned in print by no less men then a. bishop vsher , and b. sand●rson ; and i am afraid it is the avowd opinion of much the greater part of our dignified clergie : if so ▪ i am sure they are the most dangerous sort of men alive to our english government , and it is the first thing ought to be look● into , and strictly examin'd by our parliaments , ' ●is the leaven that corrupts the whole lump ; for if that be true , i am sure monarchy is not to be bounded by humane laws , and the 8. chap. of 1. sa●uel , will prove ( as many of our divines would have it ) the great charter of the royal prerogative , and our magna charta that says our kings may not take our fields , our vineyards , our corn , and our sheep is not in force , but void and null , because against divine institution ; and you have the riddle out , why the clergy are so re●dy to take themselves , & impose upon others ▪ such kind of oaths as these , they have pla●ed themselves , and their possessions upon a better , and a surer bottom ( as they think ) then magna charta , and so have no more need of , or concern for it : nay what is worse , they have tr●ckt away the rights and liberties of the people in this , and all other countries wherever they have had opportunity , that they might be owned by the prince to be iure divino , and maintain'd in that pretention by that absolute power and force , they have contributed so much to put into his hands ; and that priest , and prince may , like castor and pollux , be worshipt together as divine in the same temple by us poor lay-subjects ; and that sense and reason , law , properties , rights , and liberties , shall be understood as the oracles of those deities shall interpret , or give signification to them , and ne'● be made use of in the world to oppose the absolute , and freewill of either of them . sir , i have no more to say , but begg your pardon for this tedious trouble , and that you will be very careful to whom you communicate any of this . finis . a declaration of the lords and commons assembled in parliament. concerning his maiesties advancing of his army towards london, with directions that all the trained bands and voluntiers bee put into a readinesse, that so the kings army may find opposition in every place as they march. : also how sir iohn hinderson urged one david alexander, a scotchman, to kill sir john hotham, and blow up the parliaments magazine, to whom his maiesty gave money, and he received it. : and that no man shall presume to weare any colours or markes of division in the city of london. : whereunto is added severall votes of the lords and commons, for the searching of diverse mens houses in the city, and for the staying of the kings revenue; and all the bishops, deanes and chapters rents and profits whatsoever. : sabbathi, 15. octob. 1642. / ordered by the lords and commons in parliament, that this declaration and votes be forthwith printed and published. ; john browne cler. parliam. england and wales. parliament. this text is an enriched version of the tcp digital transcription a82638 of text r234078 in the english short title catalog (wing e1366a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 25 kb of xml-encoded text transcribed from 7 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a82638 wing e1366a estc r234078 45097678 ocm 45097678 171277 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a82638) transcribed from: (early english books online ; image set 171277) images scanned from microfilm: (early english books, 1641-1700 ; 2570:16) a declaration of the lords and commons assembled in parliament. concerning his maiesties advancing of his army towards london, with directions that all the trained bands and voluntiers bee put into a readinesse, that so the kings army may find opposition in every place as they march. : also how sir iohn hinderson urged one david alexander, a scotchman, to kill sir john hotham, and blow up the parliaments magazine, to whom his maiesty gave money, and he received it. : and that no man shall presume to weare any colours or markes of division in the city of london. : whereunto is added severall votes of the lords and commons, for the searching of diverse mens houses in the city, and for the staying of the kings revenue; and all the bishops, deanes and chapters rents and profits whatsoever. : sabbathi, 15. octob. 1642. / ordered by the lords and commons in parliament, that this declaration and votes be forthwith printed and published. ; john browne cler. parliam. england and wales. parliament. browne, john, ca. 1608-1691. [12] p. octob. 17. london printed for iohn wright., [london] : 1642. reproduction of original in the sutro library. eng henderson, john, -sir, d. 1658. alexander, david, 17th cent. england and wales. -parliament. great britain -history -civil war, 1642-1649. a82638 r234078 (wing e1366a). civilwar no a declaration of the lords and commons assembled in parliament. concerning his maiesties advancing of his army towards london, with directio england and wales. parliament 1642 4319 11 0 0 0 0 0 25 c the rate of 25 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-07 tcp assigned for keying and markup 2007-07 aptara keyed and coded from proquest page images 2008-03 elspeth healey sampled and proofread 2008-03 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament . concerning his maiesties advancing of his army towards london , with directions that all the trained bands and voluntiers bee put into a readinesse , that so the kings army may find opposition in every place as they martch . also how sir iohn hinderson urged one david alexander , a scotchman , to kill sir john hotham , and blow up the parliaments magazine , to whom his maiesty gave money , and he received it . and that no man shall presume to weare any colours or markes of division in the city of london . whereunto is added severall votes of the lords and commons , for the searching of diverse mens houses in the city , and for the staying of the kings revenue , and all the bishops , d●anes and chapters rents and profits whatsoever . sabbathi , 15 ▪ octob. 1642. ordered by the lords and commons in parliament , that this declaration and votes be forthwith printed and published . john browne cler. parliam . octob. 17. london printed for iohn wright . 1642. a declaration of the lords and commons assembled in parliament . the lords and commons in parliament , considering with much tendernesse and compassion , the miserable condition of this kingdome , distracted , and distempered with many present evils , & imminent dangers , and brought now to such an height of extremity of misery , that two english armies are neere together , even ready to joyne in a dreadfull and bloody encounter , through the violent and wicked counsell of those , who have captivated both the person and the power of the king , to their owne impious and trayterous designes , doe thereupon thinke good to publish and declare the same to the kingdome , together with some directions and provisions which may prevent that utter desolation and ruine , both of religion and liberty , already overwhelmed and supprest in the intention and hope of those rebels and traytors about the king , to which purpose it is desired by both houses , that all wel-affected subjects may take notice of these particulars . that the king by the help & assistance of the papists , the prelaticall and corrupt part of the clergy , the delinquent nobility and gentry , and by the confluence of some notable traytors from beyond the seas , the lord digby , oneale , and others , and of many desperate mercenary and ill-affected persons from all parts of the kingdome , hath raised an army , armed , clothed , and fed , for the most part with the spoyles of his subjects , giving them liberty to plunder and rob all sorts of people ; to exact money and plate from corporations , by threatning fire , and sword , if they should refuse it . that this wicked counsell doth not onely hinder his majesty from exercising the justice and protection of a king towards his people , but even that honour which is observed betwixt enemies ; for by a confident instrument of his majesty , sir iohn hinderson a papist ( as we are credibly informed ) one david alexander was urged to kill sir john hotham , telling him it would be a good service both to god and the king , which he refused to doe , saying it was the worke of a butcher , and not of a souldier ; this alexander being a scotchman , of a very poor fortune , and of a mind fit for desperate attempts . the king sent for him 2 , while he was at beverley , and when he came to his presence , he spake to him publikely in the field , and appoynted a sum of money to be given him , which he received . after which another proposition was made to him by the same sir john hinderson , that he would put fire to the magazine of the army raised by the parliament , & to gain the better opportunity to effect it , that he should labor to get some imployment in the train of artilery , which he accordingly undertook , & endeavoured to obtain ; but before he could effect his mischievous intention , he was discovered , apprehended , & examined , and thereupon confest the practise , and undertaking , the particulars whereof are referred to the examinations thereupon taken . that the king doth send out letters to borrow great sums , professing that those who will not lend him mony , doe give him just cause to suspect their duty to his person , and the peace of the kingdome . and this will be a sufficient reason to make them lyable to be plundered and spoyled of all they have ; but such is the violence of the kings army , that their friends are in little better case then they who oppose them , and those who escape best must yet feed and billet the souldiers for nothing . in those places where the trained bands are willing to go forth to serve in his maj. army , yet for the most part their armes are taken from them and put upon those who are more mercenary , and lesse interessed in the common wealth , and so likely to be fitter instruments of rapine and spoyle . by these great violences and oppressions they have so exhausted those parts that his majesty cannot stay long about shrewsbury , and it is the earnest desire of the cavaliers that he would march forward towards london , those rich and fruitfull countries in the way being like to yeeld them a supply of their necessities , and the wealth of london a full satisfaction of their hope , where they likewise thinke to find a party which upon his majesties approach may make some disturbance , and facilitate their designes upon the city . that if the kings army prevaile , the good subjects can expect nothing but that their lives and fortunes will be exposed to the malice and rapine of those ravenous souldiers , who often talk of cutting the throats of honest and religious men , & have long expected their goods & estates ▪ as the rewards of their service ; the kingdome will againe fall under the government of those mischievous counsells , who before this parliament , had even brought both religion and liberty to ruine ; and wee shall have no hope left of any more parliaments , but such as shall beconcurrent and subservient to these ends . the meanes of curing and preventing these evills and dangers , we conceive to be these . that good provision be made by loane and contribution for the army raised by the parliament , under the lord generall the earle of essex , which is no whit inferiour in horse and foot to the kings army , better armed , full payd , restrained from disorder and rapine , as much as may be ; well provided of all outward necessaries ; but above all , well incouraged and instructed in the goodnesse of the cause , by the labour of many godly and painfull divines . that this army bee allwayes ready to attend the removes of the kings army , either in one body or divided as there shall bee occasion , according to the wise conduct and direction of the lord generall , that so no opportunity of fighting upon advantage be lost , nor the greedie souldiers of the kings army suffered to range , and spoyle the country at their pleasure . that the countries through which the kings army is to passe doe associate themselves , and draw all their forces together , for the mutuall defence of their persons and goods from oppression and spoyle . that those counties be required to send in all their horses fit for carriage and for dragoones as well for the assistance of the lord generall , for which in convenient time they shall receive satisfaction , as likewise that by such meanes these horses may be kept from being imployed by the kings army . that command and direction be given to all lieutenants of counties and deputy lieutenants , that all the trained-bands and all voluntiers be put into a readinesse to be brought to such randezvous , and to be obedient to such commanders in chiefe as shall be appointed by the committee for the safety of the kingdome , or by the lord generall , that so the kings army may find opposition in every place as they passe , and the inhabitants may have at hand a sufficient protection & defence , and the lord generall may strengthen his own army with these forces , as he shall see cause . that powder , munition , and ordnance , with all other necessaries be prepared for these forces , that so without any trouble or confusion , they may be brought together , and fitted for service upon all sodaine occurrents . that all those who in the city of london , or any other place , shall weare any colours , or other markes of division , whereby they may be distinguisht from others and known to be of the malignant party , shall be examined , searcht , and disarmed , as likewise all others , who being able , shall not lend or contribute towards the publike safety of the kingdome , in this time of so great and imminent danger . that it be commended to the serious consideration of those in the kings army , and of all other that intend to assist and succour his maiesty in this impious and unnaturall warre , among whom it may be hoped there are some honest men , and protestants , what it is that moves them in this quarell . is it for feare of some innovations and alteration ? of religion or church governement ? let such as are possest with this vaine and causelesse apprehension , know , that nothing is intended or desired , but to take away the government by bishops , which hath bin so constantly , evidently , mischievous , and dangerous to the church and state ; and such other things as shall be found to be iustly offensive , and nothing to be setled and introduced , but by authority of parliament after consultation first had with an assembly of learned and reverend divines . is it to uphold the authority , prerogative , and honour of the king and to preserve the safety of his royall person ? surely the parliament is and ever hath beene ready to doe any thing that belongs to them to secure all these , which they have often testified by many humble petitions to his maiesty . if there be no cause for any of these respects , to seeke the destruction of the parliament and the blood and ruine of their kindred , friends and acquaintance , what remains then to be the matter of the quarrell , and the motives of such great combustions , and the effects and consequences of their victory if they should prevaile ? that priests , iesuits , & the popes nuncioes may domineere & govern in the kings counsel as heretofore , that the arch bishops of canterbury and yorke and their suffragans may suppresse diligent and powerfull preaching , and bannish and oppresse all the most pious and best affected subiects of the kingdome , & introduce the popish religion under a protestant profession , till they have strength and boldnesse to cast off the disguise , and openly appeare that which indeed they are , and would not seeme to be . that the earle of bristoll , and his son the lord digby , mr. ●ermin , and other such traytors may possesse the great places , and governement of this kingdome ; and be the arbiters of the affaires of state , and distributers of preferments , and disgraces , to such as shall further or oppose their designes . that the delinquents , oppressors , and destroyers of the kingdome , may not onely escape the iustice of the parlament , but triumph in the spoiles of all honest men , good patriots ; and that through out troubles , and divisions , the rebels in ireland may prevaile ; that we may cease to be a free nation , and become the obiect of cruelty and oppression at home , and of scorne and infamy abroad . and if there can be no other fruit of their hazard and endevours on that side , let them then consider , whether by adhering to the parliament , they may not expect effects more sutable to the desires of honest men , the glory of god , in the preservation of his truth , the peace of the church , by securing it against the pride , avarice , and ambition of the clergy , the honour greatnesse and security of the king , by freeing him from false and traiterous counsells , and establishing him in the hearts and affections of his people , the prosperity of the whole kingdome by the blessing of good lawes and a righteous governement . die sabbathi 15. octob. 1642. resolved upon the question by the lords and commons assembled in parliament . that such persons as shall not contribute to the charge of the common wealth in this time of imminent necessity , shall be held fit to be secured . resolved upon the question &c. that such persons as shall not contribute to the charge of the common-wealth in this time of iminent necessity , shal be held fit to be disarmed . ordered by the lords and commons assembled in parliament , that the lord major & sheriffes of the city of london shall forthwith search the houses and seize the armes belonging unto m. nathaniell iefferson , m. austin , m. john bedle , m. john batty , m. ralph long , and m. robert lewis , all of broadstreet ward , m. john blunt , of limestreet ward , m. ald. wright of colemanstreet ward , m. roger drake , m. john walther , of faringdon within , for that as it appeares by the report from the committee they have not contributed as they ought to the charge of the common-wealth , in this time of imminent necessity . resolved upon the question &c. that the fines , rents , & profits of arch-bishops , bishops , deanes , deanes and chapters , and of such notorious delinquents who have taken up armes against the parliament , or have bin active in the commission of array , shall be sequestred for the use and service of the common wealth . resolved upon the question &c. that the kings revenue arising out of rents , fines in courts of justice , compositions for wards , & the like , & al other his majesties revenue , shall be brought into the severall courts and other places where they ought to be paid in , and not issued forth or paid out , untill further order shall be taken by both houses of parliament . the manner of sequestration is referred to a committee . finis the examination of david alexander , taken octob. 6. 1642. hee saith , wheu the king went towards the north , at newmarket he came to the court , and followed the king to yorke and stayed at yorke , wh●n the king first went to kingstone upon hull , and came backe to yorke , and after the kings returne sir iohn hinderson told him it was a good service to god and the king to kill sir john hotham , and he refused to do it ; and that he said he would rather venture upon an army , and then the king went to beverly , and the postmasters boy brought him word from sir iames hamilton he should come to beverly , and should be made corporall of the field , which he sleighted , and said he was an old man , and could no ride , and then sir james hamilton sent to him to meet him at the post-house , which he did , and sir iames told him if he came not the next day , he would lose his place , hee told him he had no money , and he gave him ten shillings , and with that he hired horse and went thither , and that he came to the lord lindsey , generall , which said he was welcome ▪ and bid him goe to the king ▪ and told him the king had sent twice for him , and the next day , which was the day wherein the earle of holland , &c. had his audience , the king being in the field spake to him , and bid him goe to my l. generall who gave order to sir iohn culpepper , to give him ten pounds , which hee received ▪ and my lord generall told him master slingsby and an other knight were about a mine which failed , and the siege raised , and afterward he went to nottingham , and there sir iohn hinderson said to him , hee should doe good service if he would set the magazine on fire , and that he undertooke to doe , and he told him it would be well , if he could get a service in the traine of artillery , and often spoke to him about that action , and said he should he highly recompenced : and thereupon he came to london on tuesday was five or six we●kes ; and he was with sir vvilliam balfore , and made meanes to goe into ireland : and that he confest to sir balthazar gerbier upon munday last , all the passages betwixt him and sir iohn hinderson , and to nobody else but he spake to sir iohn mildram to get him a place in the irish wars , and sir iohn promised to speak with the irish committee for him : he said sir iohn hinderson told him the king was acquainted with this proposition of firing the magazine diverse times : and this examinant told him that hee had spoken to sir balthazar gerbier to tell the king that he could not performe it , and hee denyed that ever he had laboured for any place in this army . david alexander . the examination of sir balthasar gerbier , taken the 8. of october 1642. hee sayes , he knowes one david alexander a scotch-man , and hath knowne him long , and has had discourse lately with him . he sayes , the said david alexander said he had a proposition made to him to kill some body , but none named to this examinant , he answered , that to kill a man was fit for a hangman , but any generous act befitting a souldier he would doe . the said alexander , said that colonell hinderson made this proposition at the court , he sayes that act was proposed ; that another proposition was made by the same person that he should get a place in the traine of artillery , and getting knowledge where the magazine was , to doe his best to fire it , and this he entertained , and was received , and had money given him , and besides colonell hinderson , and master endymion porter spoke also concerning the same businesse to him . this examinant sayes , he knowes not whether alexander , hinderson , and m. endymion porter spoke of the same at the same time , nor did he tell him what sum of money hee received , nor did hee speake of any other promises : upon the third of this instant , at nine of the clocke this discourse was , which he noted in his table-booke . then desiring to looke in his table-booke , the examinant further related ; that hee having occasion to use some mans service to the court , with the venetian ambassadour , according to his place , he sent to this david alexander , to know if he would goe along with him , the said david told him he could not go ; the examinant wondred at it , knowing his poverty , and asked the reason , the reupon he said he had some service to doe , and the examinant being his old friend , he would deal plainly with him , and tell him , and said it was of that nature , that it was as much worth as his life to discover , the examinant wondred at it , and made some difficulty to know it ; but he answered that in the lord buckinghams time he had been his friend , and therefore to him he would tell it , and put his life into his hands : the examinant said , why wilt thou put thy life into such danger ? then he said he was dispatcht and had received money for it to apply himselfe to the army , and to endeavour to get a place about the artillery , to the end to take a time to fire the magazine ; which he said you know i can doe by an instrument made like a watch , which having gone for so many houres then strikes fire , he said he had applyed himselfe to sir william balfore to be recommended by him , but was put off , onely had offered to him 14 s. per diem for a serjeant majors place of dragooners , or some service for ireland ; but he refused it , as not fit for him , saying , that he was more proper for fire workes and artillery , &c. he said further , that meeting dulbier , hee told him , how now david , thou dost not come hither for the service against those from whence you come , he said no ; and then resolved to apply himselfe to sir iohn meldram , by whom he was to be presented to the house the third of this instant : he desired this examinant to take this relation from him and to acquaint the king with it , to whom it would be acceptable to know what was become of him , & he could not write it himself , and therefore wisht this examinant to write it in his table . booke : this examinant said he would put it into his table-booke , and said how should i venture to tell this to the king , or know it to be true ; and he said the king would soone know that , and it will be an honour to you to be so trusted , so he concluded his discouse with presenting a scotchman to this examinant in his journey , the scotchman was his companion , and a solicitor here for one gordan the kings agent at hamburgh ; but this examinant took only his name , and liking not his aspect , promised to send him some other time . balthazar gerbier . the same examinant , upon the 7 day of octob , doth confirm all the particulars aforementioned : and further saith , that the reason why he told sir balthazar gerbier of this businesse , was to desire him to tell the king that he could not as yet performe it ; and he thinks that the king and sir iohn hinderson , doe believe that he is in my lord of essex army ; and that he doth intend to performe his promise . taken the ●0 of october . david alexander . this examinant told sir balthazar gerbier the 3 of octob. last , i cannot goe with you , because i have undertaken to fire the ammunition in the army of parliament , and tell the king or sir john hinderson i have not effected it ; but i am going to sir john mildram at 9 of the clocke this morning , to bring me to the parliament , to get employment in the artillery belonging to the parliament ; and that i might have had 14 shillings a day to be a major in a regiment of dragooners with the parliament , and refused it ; which he desired the king might know . david alexander . october 10. 1642. the said david alexander further acknowledgeth , that he offered to tell sir balthazar gerbier , what the great businesse was which did hinder him from going with him , and what he had said was as much as his life was worth to discover : that sir balthazar gerbier did refuse to heare it ; but this examinant did very earnestly presse to heare what it was . david alexander . ordered by the lords and commons assembled in parliament that this declaration , depositions , and votes thus amended be forthwith printed and published john browne cler. parliam●… finis . octob. 20. london printed for john wright . a letter from colonel hewson from finagh in ireland, of the 14 of march, 1650. to the honorable william lenthal esq; speaker of the parliament of england: vvith articles of the surrender of finagh castle, and other strong holds. and a list of the prisoners taken. die martis, 25 martii, 1651. ordered by the parliament, that this letter and articles, with a list of the prisoners taken, be forthwith printed and published. hen: scobell, cleric. parliamenti. hewson, john, d. 1662. this text is an enriched version of the tcp digital transcription a86273 of text r206523 in the english short title catalog (thomason e626_11). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 10 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a86273 wing h1645 thomason e626_11 estc r206523 99865664 99865664 165825 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a86273) transcribed from: (early english books online ; image set 165825) images scanned from microfilm: (thomason tracts ; 96:e626[11]) a letter from colonel hewson from finagh in ireland, of the 14 of march, 1650. to the honorable william lenthal esq; speaker of the parliament of england: vvith articles of the surrender of finagh castle, and other strong holds. and a list of the prisoners taken. die martis, 25 martii, 1651. ordered by the parliament, that this letter and articles, with a list of the prisoners taken, be forthwith printed and published. hen: scobell, cleric. parliamenti. hewson, john, d. 1662. england and wales. parliament. 8 p. printed by john field, printer to the parliament of england, london : 1651. reproduction of the original in the british library. eng hewson, john, d. 1662 -early works to 1800. england and wales. -army -early works to 1800. ireland -history -1649-1660 -early works to 1800. a86273 r206523 (thomason e626_11). civilwar no a letter from colonel hewson from finagh in ireland, of the 14 of march, 1650.: to the honorable william lenthal esq; speaker of the parlia hewson, john 1651 1461 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-09 tcp assigned for keying and markup 2008-11 spi global keyed and coded from proquest page images 2008-12 megan marion sampled and proofread 2008-12 megan marion text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion a letter from colonel hewson from finagh in ireland , of the 14 of march , 1650. to the honorable william lenthal esq speaker of the parliament of england : vvith articles of the surrender of finagh castle , and other strong holds . and a list of the prisoners taken . die martis , 25 martii , 1651. ordered by the parliament , that this letter and articles , with a list of the prisoners taken , be forthwith printed and published . hen : scobell , cleric parliamenti . london , printed by john field , printer to the parliament of england . 1651. mr. speaker , the mighty hand of the great god hath been stretched out against your enemies , and defending you and your forces , whilest you have been prosecuting the peoples liberty , publique good and interest of his people ; amongst whom he hath , he doth , he will manifest his presence : and as all your forces hath abundance of experience therein , so those in ireland wants not large and comfortable testimonies thereof . the several accompts you have received , giveth your servants cause of rejoycing in , and depending upon our lord for his mercies exercised with and amongst them : and as in other appearances of our god , this day , and his presence with the present motion of your servants here , doth abundantly proclaim his goodness . the counties of westmeath , cavan and longford persisting in rebellion , and the enemy raising forces in those parts , and endeavoring to form a considerable army there ; for the preventing thereof , and to reduce the said counties , i marched from dublin , and the parts adjacent , with 1600 foot and 700 horse the 24 of february last : when i was about tecroghan , i had notice the enemy in the kings county , with three thousand horse and foot , was distressing one of the garisons , i marched immediately to terrels pass for its relief ; but commissary general reynolds had removed that enemy with a party from about kilkenny . i upon notice thereof marched towards mullingar , where we found resistance by a castle called kilbridge , which was presently reduced ; wherein two hundred barrels of corn was found , and kept for your service . when i came to mullingar , the enemy did quite desert and leave erlestown , and burned the former , both of which i have now garison'd for you , as also mullingar . whilest i was there , i heard from commissary general reynolds , who had taken by storm donmore in westmeath , wherein was near one thousand barrels of corn : i presently rid over unto him , where we both advised to fortifie and garison ballemore , a very considerable place , which the enemy had slighted . i sent thither colonel fouck with his regiment , and commissary general came thither with his foot , and they have made up the works , and made it tenable , and secured it for you . i marched unto sir thomas nugents house , which was kept against you , and reduced it ; and then to ballinalack , and reduced it , a considerable pass out of westmeath unto longford . the commissary general and i agreed to march to finagh , where we heard was great store of forces to entertain us . i came with my party last night unto a castle upon the tower , and i saw a considerable enemy march upon the other side of the water towards us from the county of cavan , who coming to the other side of the pass at the lougher , where we did camp twice , musket shot one from another , but the castle was upon the pass between us : that night commissary general reynolds quartered within three miles of us ; i raised a battery , and planted the guns that night , and this morning betimes began to play ; the third shot that we made , the enemy did quit the castle , and run away unto the bog : we pursued them , took some , drowned others , and some few escaped . i drew down the horse and foot presently over the river up to finagh , where we beheld the enemy that came towards us yesterday , march faster back from us . we found a pass about musket shot of the castle , over which i sent sir theophilus jones with 400 horse , and my regiment of foot , to pursue the enemy , and with the rest of the foot stormed finagh , but could not enter . i presently did summon it , they desired to treat , but in the time of parley commissary general coming up , we did joyntly treat with them ; and as we were treating , sir theophilus jones came back , who had overtaken the enemy , killed about four hundred on the place , and brought with him the prisoners in the inclosed list mentioned . the soldiers in the castle finding all hopes failing , yielded the castle upon the articles herewith tendered unto you . the taking of this place is of great advantage unto you , and giveth you the possession of longford and cavan ; and this days successes doth in good measure prevent the forming of such great armies as they intended . whilest you pursue those interest god will own , you will finde his hand against your enemies , his power with your forces , and success in your great undertakings , the hands of your faithful servants strengthned , and all good people comforted , and the government you have established , secured : which that the lord of hosts may still preserve uncorrupted , shall be the prayers of your faithful servant j. hewson . finagh , 14 march . 1650. articles agreed upon between commissary general reynolds , colonel hewson , and christopher nugent , on the behalf of major dardise , and the rest of the officers and soldiers , upon the surrender of finagh this 14 march . 1650. that the garison of finagh be immediately surrendred within half an hour unto captain hoar who is appointed to receive the same . ii. that all the ammunitions , stores , and provisions that are in the said garrison , be delivered to the said captain , the said stores being in no ways imbezzled , or wasted . iii. that the governor of the said garison , major dardise , shall be a prisoner of war , and have his parole for fourteen days after the date hereof . iv. that all the rest of the officers and soldiers that are in the said garison , shall march forth with their arms for one mile , at which place they are to deliver their arms to those that shall be appointed to receive them , where they shall have a safe conduct towards ardagh in the county of longford . v. that the said officers and soldiers of the said garison are permitted and suffered to march to their own garisons for three days , during which time no hostility is to be acted against them , they acting nothing prejudicial to the state of england . vi . and that captain nugent and captain cruse remain hostages for the performance of the aforementioned articles . dated this 14 march . 1650. christopher nugent . j. reynolds . j. hewson . a list of the prisoners taken by commissary general reynolds , mentioned in this letter . colonel alexander mac donnel lieut. col. john mac donnel major surly mac donnel captains . donnel mac kay , patrick mac cormuck hector mac neal tirlagh o quin cochel o quin patrick o melan arth. mac donnel dan o neal miles reyly daniel brady farel magauly shane o kernan . lieutenants . tirlagh reyly archbold mac donnel bryan mac donnel donnel reyly owen rely john brady thomas brady thomas fitzpatrick brady tirlagh brady owen mac kerny phelim mac donnelly phel . mac mulwy ensigns . tirlagh rely hugh reyly james brady bryan mac kern donnel mac kern hugh brady sirlagh mac keaghan edmond mac melchal philip mac kedan donnel mac elaspick chelim mac o codan daniel o neale daniel mac giee cormuch cavenagh hugh mac clemen . james o hore , quarter master . private soldiers , and non commission officers 376. finis . notes, typically marginal, from the original text notes for div a86273e-670 imprimis . an abridgment of the late remonstrance of the army vvith some marginall attestations for the better understanding remembrance and judgement of the people : collected by speciall order for more publique satisfaction, and to undeceive the kingdome as to the false glosses by some put upon the said remonstrance printed. this text is an enriched version of the tcp digital transcription a23670 of text r6461 in the english short title catalog (wing a107). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 37 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a23670 wing a107 estc r6461 11966386 ocm 11966386 51717 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a23670) transcribed from: (early english books online ; image set 51717) images scanned from microfilm: (early english books, 1641-1700 ; 46:10) an abridgment of the late remonstrance of the army vvith some marginall attestations for the better understanding remembrance and judgement of the people : collected by speciall order for more publique satisfaction, and to undeceive the kingdome as to the false glosses by some put upon the said remonstrance printed. rushworth, john, 1612?-1690. 15 p. printed for laurence blaiklocke ..., london : 1648. "by the appointment of the lord generall, and his generall councell of officers. decem. 27, 1648. signed, jo. rushworth" eng england and wales. -army. great britain -history -civil war, 1642-1649. a23670 r6461 (wing a107). civilwar no an abridgment of the late remonstrance of the army. vvith some marginall attestations, for the better understanding, remembrance, and judgem england and wales. army. council 1648 6793 21 0 0 0 0 0 31 c the rate of 31 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2003-03 tcp assigned for keying and markup 2003-04 spi global keyed and coded from proquest page images 2003-06 john latta sampled and proofread 2003-06 john latta text and markup reviewed and edited 2003-08 pfs batch review (qc) and xml conversion an abridgment of the late remonstrance of the army . vvith some marginall attestations , for the better understanding , remembrance , and judgement of the people . collected by speciall order for more publique satisfaction , and to undeceive the kingdome as to the false glosses by some put upon the said remonstrance printed . by the appointment of the lord generall , and his generall councell of officers . decem. 27. 1648. signed , jo rushworth . london , printed for laurence blaiklocke , and are to be sold in the old-baily . 1648. an abridgment of the late remonstrance of the army , with some marginall attestations , both for the better understanding , remembrance , and judgment of the people . to the right honourable the commons of england assembled in parliament , the humble remonstrance of his excellency lord generall fairfax , and his generall councell of officers , held at saint albanes , thursday november 16. 1648. ovr tender reguard to the freedome of parliament and the offence taken at our least interposing in any thing of civill consideration to the parliament , have made us attend in silence the councels of parliament . but finding you upon those transactions , whereupon the life or death of all our civill interest doth depend , and a seeing no effectuall helpe from elsewhere to appeare , we cannot be wanting in ought we can honestly say or do to hold off impending ruine b from an honest people and a good cause . we are not ignorant that the rule salus populi suprema lex , is most apt to be misapplyed , some men framing pretences of publike extremity . therefore though we are full of sad apprehensions of the extremity at hand , yet c we shall first with all sobernesse and clearnesse ( as god shall enable us ) remonstrate to you our apprehensions both of the danger at hand and of the remedy with our grounds in both . we must first mind you of your votes once past concerning no more addresses to the king , and our engagement to adhere to you therein . in this none can say you were acted beyond your owne free judgements , we are sure by no impulsion from the army , the juster resolutions of the house did in this reclaime us , it pleased god instantly to lead you into such order , whereby the burthen of free quarter was taken off , supernumerary forces disbanded , the rest put into an established way of pay ; but when the house being called on purpose for a settlement began to entertaine motions tending to the unsettlement of what they had resolved , the minds of men without also became propor●ionably unsetled in expectations which way things would bend , seeing such uncertainty of any end of troubles upon the parliamentary account alone ; then began your enemies to hope and work your trouble , and their owne advantages , and in all the disturbances , so to execute all the other interests pretended , that at last they might set up that of the king and their owne above all others . thus the army which would not be won to disert the parliamentary and publique interest to serve their turnes , was by them rendred the only common enemy , and this new formed party at first professe for a full and free parliament , and to free it from the force of an army , d whereas the latest quarrell against it was that it would not force the parliament to comply with the interest of the king . they likewise pretended to be for the easing of the people of taxes to an army , whereas indeed their workings did necessitate the parliament to continue an army , and taxes for it . they also pretended for the covenant against an army of sectaries , and for all these ends a personall treaty with the king must be held forth as the only soveraigne salve . and thus the people were taught mainly to depend upon the king for all , and to petition for these things , and in pretence of them to levy warre against the parliament on the kings behalfe , and his partie is brought into the manage of it . yet they drive on the whilst the treaty to deceive you by old malignants , and a late discontented party in city and parliament , the lords closeing readily with the desires of them and the prin●e , though in the warre for your and the kingdomes defence , or in declaring with you against the scotch army and others , they would neither lead nor follow . and when in any thing of the treaty concerning the very life of your cause you made som stick , clamorous petitions with menaces come thick upon you , and forces listed daily about you , the city neither taking course , nor suffering their major generall to do it . and thus you were at their mercy whiles your armie was ingaged at distance against your enemies in armes . therefore we cannot conceive that in those resolutions for a treaty , the judgement of parliament was with due and former freedome . and we wish you to consider the evills of this treaty in laying designes for the kings escape , and settling future correspondencies , and further whether it can be just or safe in relation to publique interest . the summe of publique interest of a nation in relation to common right , and in opposition to tyrrany of kings or others , is , that for all matters concerning the whole they have a parliament consisting of deputyes or representers freelly chosen and with as much equality as may be , and that the power of making or altering lawes and of finall judgment be in them , and that it may not be left in the will of the king , or any other particular persons to make voyd their determinations or proceedings . and where the offence is in publique officers against their trust , this same counsell may call to account and punish such offenders either according to the law , or where it hath not provided e according to their own judgment . against these matters of publique interest this king hath all along his raigne opposed to uphold the interest of his and his posterities will , and power : first that there might be no such common councell to restrain him , but that all things of supreame trust concerning safety might rest in his breast alone without limit from any , or account to any on earth . and for this he raised his first and second armes against his people in both kingdomes ; then he fell to play lower that none of those things of supreame and absolute trust might be exercised by any others without him , no not by all the trustees of the , land , nor in any case though never so necessary for releife or saving of the people , and for this he raised his third armes , and when these his other claimes so farre failed , he would make you know that neither parliament nor any power on earth ( what ever ills he had done ) might meddle with his sacred person , no not so much as to secure him from doing more evill ; and for this last part of his interest his fourth armes were raised . there have also fallen in other particulars with these interests , as on the parliaments part to protect religious men , and to give freedome to the gospell and take away those corrupt formes by which snares were laid for such conscientious men ▪ but on the kings part the interest was to doe contrary ▪ so that the parliamentary and publique interests hath been made very much one with the interest of the godly , and the king interest one with their greatest opposites , now wee suppose that where a person trusted f with limited power to rule according to lawes , shall not only pervert that trust but assume also hurtfull powers never committed to him , and take away foundations of liberty and redresse , such a person so doing forfeits all that power and trust he had , and g absolving the people from the bonds betweene him and them , doth set them free to take their best advantage and proceed in judgement against him : much more when hee on these termes shall maintaine a war , and by division within and invasions from abroad lengthen it well to uphold the interest of his will and power against the common interest of his people ; such a person we may justly say is guilty of the highest treason against the h highest law amongst men , now we may conclude that this king hath beene the author and contriver of an unjust warre , and so is guilty of all the blood and mischeife to the kingdome ; and then how can the publike justice of the kingdom be satisfyed , the blood avenged , i the wrath of god for the same appeased without judgment executed against him , and consequently how far can an accomodation with him ( when god hath given him so clearly into your power to do justice ) can be just before god , or good men without somuch as a judiciall tryall or evident remorse for his fault he hath so long in word and practice denyed it , & never k confessed it till all other wayes of force & fraud had failed him , & now confesseth it conditionally so as you satifie him in other things which is great l hypocrisie , and while he thus in word confesseth it yet in m practise he denyes it by continuing commissions to the prince and other english rebells and revolters , yea to ormond and his associate irish . and what publique benefit can be from reunion of such contrary principles of tyranny , and liberty , godlinesse and superstition ? concerning the safety of such an agreement for his restitution especially supposing no reall remorse or change , but the same principles and affections first , how apt are princes in such case to take advantages for a breath , and secondly how easily may they do it after such agreement . for the former how apt it such a prince to doe it when the n bonds once accepted by him with unquestioned freedome at his admission to the throne and the oath of god betwixt him and his people , would not hold him , but of his owne mind have been all violated by him , and to justify the same the law of force set up to the utmost ? how can it be expected that the bonds of new concessions and agreements imposed by force and vincible necessity should be of more power to hold him when an advantage to recover what he lost doth offer it selfe , for the faith keeping of this king his accords with the scottish nation do witnesse for his revengefullnes ; these petty revenges after severall parliaments which were taken against such patriots as had appeared for common liberty against his interest . next for o facillity of princes finding occasion and quarrell after such agreement , and yet with some co●lerable saving to his honour , we know the court maximes concerning some crowne rights which a king cannot give away nor oblige his heirs in ; besides some matters of supreme trust are in the propositions barganed for with and taken as by lease from the king , so as to confirme his claime of right ; but from the force or necessity lying upon the king in this treaty , there is a ground of evasion from the whole agreement as not obligeing him what soever is drawne from him , and this is avowed publikely by the prince and his councell in answer to the earle of warwick , where the prince clearly sayes , the king in truth is still in prison . and consider the prince as heire , it serves to acquit himselfe , and as the next visible head of the kings party , the king being in durance , it may serve on behalfe of the king and his heires and party as a protestation against any conclusion by his treaty ; and the king himself hath insinuated the same sence of the treaty , and that not without grounds to gaine beleef , he being still confined within your garrisons and guards and upon his paroll ; so that if you proceed upon so rotten a foundation and be cousened , ye cousen your selves , and cannot blame him or his . and the king comming in thus may rest secure and wayte his advantage ( having go your hands bound ) till he finding it shall strike the first stroak which 't is like he will make a sure one if he can . to proceed , the king comes thus in with reputation of having long sought peace and that in a personall treaty , which you after a long denyall at last granting are rendred by his freinds as refusers of peace , so long in that the kings way he comes also with the reputation of having granted for peace sake , all that stood you upon , although it will apeare nothing at all to the publick interest . and if after this accomodation to satisfye the people you shall disband your forces , you are at the kings p courtesie still , and are but where you were at first . but the king in much fairer possibility to revi●e the old quarrell and carry it without fighting : for after so much blood and trouble for no thing , t is not like , you 'le find a competent party for the opposing of him ; & if you continue a sufficient strength & taxes they will be the more grevous , because deemed unnecessary , the king having granted what your selves did aske , we might reflect upon his numerous party ingaged by interest , or necessity to serve him , so long as he remaines in possibillity to head them , while hee by his supposed impunity whatsoever he does , hath encouragement to make all possible tryall of them , and they hope if he ever prevaile , he may make them amends : whereas this being once confuted by an example of justice upon him for such attempts , they would not be feared in relation to his posterities heeding of them ; besides these , we cannot but consider the vast possibilities after his restitution to make or use factions amongst your selves , and your adherents , and doe not all men acknowledge him most exquisite at it ? and if he had that faculty to availe at distance , much more in your bosomes , each party will be apt to strive which shall most and first comply with him , of which you and we have seene sad experiences already ; yet we refused ought of private contract or trust with him and his ; and all was with saving for the publike interest ; yet in that degree of our complyance with him , we find matter of acknowledgement before the lord concerning our error therein ; and we blesse him that preserved us from worse ▪ and if from the divisions we have , such complyances have beene with , and such advantages given to the kings party while acknowledged enemies , what worse may we not expect , when by a peace made they shall have the reputation of friends ? to conclude this , wee confesse our feares from the act of this parliaments unlimited continuance . if he forme q a ballancing party in the house of commons for his interest , that which should be our conservative , would be our baine , and yet we should be debarred from change of medicine ; or if a period be set to this parliament , and no provision for certaine succession , and sitting of parliaments , without dependance on the kings wil ; or if no provision for a more due constitution by more equall elections ; then the successe will be lesse hopefull and safe then the present , and you have not in this treaty made any provision for any of these things . but to proceed , to shew the certain insecurity to publike interest , in an accommodation with a restitution of the king . for you the supreame judicatory of the kingdome ( when he is in your power to doe justice upon ) to decline that way , and instead thereof to seek to him your prisoner in way of treaty , what speakes it lesse then that he is indeed above all humane r justice not accountable to or s punishable do any power on earth , what ever he does , & that kings cannot erre or doe wrong , whereas one example in this kind made , would be of more terror and availe then the execution of his whole party , yea then all satisfaction you can imagine . if our king claime by t conquest : god hath given you the same against him to fix your justice first upon the head , and thereby let his successors see what themselves may expect if that they attempt the like . this may hopefully discourage them from heading any more what instruments they might find in the like quarrell ; but to punish only instruments , and let the head go free , leads u to endlesse trouble ; besides it seemes a most unequall w and partiall way of justice ; and the same principles that exempt kings from justice would x absolve their inferiour ministers for what they doe in pursuance of such commands . if any object the covenant as obliging us to perpetuall addresses to the king as being the onely way consistent with the preservation of his person and authority . we answer , the covenant engageth to matters of publike interests , primarily , and absolutely without limitation , and after that to the preservation of the kings person and authority with the restriction to wit , in the preservation of the true religion and liberties of the kingdomes , so that it obligeth thereto no further , nor in any other way then shall be consistent with this restriction , yea this obligation to preserve his person and authority should be fulfilled in the preservation and defence of religion and liberty , otherwise the whole proceedings of both kingdoms in s making warre against him for preservation of religion or liberties , were questionable for breach of covenant since that way of preserving them did tend probably to the destruction , and was not with any safe provision for his person or that authority which is in conjunction with it , also where severall persons joyning in covenant for the good and union of themselves ( who are present and parties to it ) doe withall make a clause to the benefit of another person to the end he might joyne with them in the agreement , and pertake the benefit thereof ; if the absent party doe not accept , but refuse the agreement , as he keepes himselfe free from it , so he excludes himself from claime to any benefit there from . upon all the reasons and considerations aforegoing we propound . first , that it may be expressely declared and provided by you , that notwithstanding any thing concluded in the treaty , the person of the y king may and shall be proceeded against in way of justice for the bloud spilt , and other evils and mischiefes done by him or by his commission or procurement , and in order thereto shall be kept in safe custody as formerly . secondly , that for other delinquents , you would lay aside that particular barganing proposition , and declare that all delinquents shall submit to the judiciall power of the parliament , to be thereby proceeded against according to justice or mercy , as cause shall appeare , and that none shall be exempt therefrom , nor pardonable by any other power then that of the kingdom in parliament . the power of justice and mercy being thus saved , we proceed in order to the actuall dispensing thereof in relation to the late wars , and to peace with god , and quiet amongst men , to propound , as followeth : first , that the z capitall and grand authour of our troubles , the person of the king , by whose procurement , and for whose interest onely of will and power , all our wars have been , may be brought to justice for the treason , bloud , and mischiefe he is therein a guilty of . secondly , that a timely day may be set for the prince of wales and the duke of yorke to come in , by which time if they doe not , that then they may be immediately declared incapable of any government or trust in this kingdom or its dominions , & thence to stand exild for ever as enemies and traytors , to die without mercy if ever after found and taken therein . or if by the time limited they doe render themselves , that then the prince be proceeded with as on his appearance he shall give satisfaction , or not . and the duke as he shall give satisfaction , may be considered as to future trust , or not . but however that the revenue of the crown ( saving necessary allowances for the children , and for servants and creditors to the crown ) be sequestred ; and the costly pompe suspended for a good number of yeeres ; and that this revenue be for that time disposed toward publique charges , debts and dammages , for the easing of the people , so as the estates neither of friends to publique interest , nor alone of inferiour enemies thereto , may bear wholly the burden of that losse and charge , which by and for that family , the kingdome hath been put unto . thirdly , that capitall punishment be speedily executed upon a competent number of his chiefe instruments also , both in former and latter wars ; and that some of both sorts be pitcht upon as are really in your hands or reach . fourthly , that the rest of the delinquents english , may upon rendring themselves to justice have mercy for their lives ; and that onely fines be set upon them , and their persons declared incapable of any publique trust , or having any voyce in elections thereto , at least for a good number of yeers . and that a short day be set by which all such delinquents may come in , and for those who come not in by that day , that their estates be absolutely confiscate and sould to the publique use , and their persons stand exild , as traytors , and to die without mercy if ever found after in the kingdome , or its dominions . fifthly , that the satisfaction of arrears to the souldiery , with other publique debts , and competent reparations of publique dammages may be put into some orderly way . and therefore that the fines and compositions of delinquents be disposed to those uses onely , as also the confiscations of such who shall be excluded from pardon , or not come in by the day assigned . now after publique justice thus far provided for , we proceed in order to the generall satisfaction and setling of the kingdom . first , that you would set some reasonable and certain period to your own power . secondly , that with a period to this parliament , there may be a settlement of the peace and future government of the kingdom . first , that there may be a certain succession of future parliaments , annuall or bienniall , with secure provision , 1. for the certainty of their sitting , meeting , and ending . 2. for equall elections . 3. for the peoples meeting to elect , provided that none engaged in warre against the kingdom may elect , or be elected , nor any other who oppose this settlement . 4. for clearing the future power of parliaments , as supream onely , they may not give away any foundation of common right . 5. for liberty of entring dissents in the said representatives , that the people may know who are not fit for future trust , but without any further penalty for their free judgements . secondly , that no king be hereafter admitted * but upon election of , and as upon trust from the people by such their representatives , not without first disclaiming all pretence to a negative voyce against the determinations of the commons in parliament , and this to be done in some forme more cleare then heretofore in the coronation oath . these matters of generall settlement we propound to be provided by the authority of the commons in this parliament , and to be further established by a generall contract or agreement of the people with their subscriptions thereunto . and that no king be admitted to the crown , nor other person to any office of publique trust , without expresse accord and subscription to the same . for our parts , let but that way of justice be effectually prosecuted , and the settlement of the publique interest be assured to us and the kingdom , we shall desire discharge from our present service , and shall be ready to disband all or part , as shal be thought fit , the arrears of the souldiery being satisfied : we therefore desire that you would leave all private matters , and things of ordinary justice and right to the laws and proper officers , and commit all ordinary matters of state to the mannage of a fit councell of state , and apply your counsels to such things as are the proper work of parliament , to wit , the reformation of evils in present laws and administrations . and in order to such things that you would in time and place consider the petitions of welwishers to publique good . we againe desire that even from henceforth the aforesaid liberty of entring dissents may be admitted amongst you , as in the scotch parliament ; or at least , that such liberty be taken by all honest and faithfull members . by the appointment of his excellency the lord generall , and his generall councell of officers , signed j. rushworth , sce. decemb. 27. 1648. finis . notes, typically marginal, from the original text notes for div a23670e-130 a as in publik fires all must lift up their voice and hands , bringing what ladders , buckets , or other assistanc they can , non expectandus praefectus vigilum si obdormiat , non praefectus urbis si cunctetur ; certatim quisque aquam hauriat tectum s●andat , flammam arceat oportet b as a part of the people in armes , or an army interposed against the standding authority for the life of good ionathan . 1. sam. 14.45 c commanders of the forces of the kingdome have been taken into the councell and execution of important matters , as in the deposing of a tyrant and enthroning a young king upon tearms or agreement . 2. chro. 23.1.14 20. 2. kings 11.1.7 . so in the slaying of ioram and making iehu king. 2. king 1.9 . ●ea david consulted with such in matters of religion . 1. chron. 13.1.15.25.25.1 . trajan the emperour making captain of the praetorian band by the ceremony of giving him a sword , said , use this for me if i raign well , and against me if ill . d as ioseph was accused to his master gen. 39.8 3.17 . e which is the ground of their enacting any law 1639. 1640. 1641. 1648. f rom. 13.3.4 . paul speakes of authority or magistracy in its constitution ( not of a person abusively exercising it ) to be gods instrument of good to every one , and an encourager of good in every man , and an enemy to evill . therefore the kings of the israelites must know the law for a rule , deut. 17. and ioash being 7. yeares old had a crown put upon his head , and the testimony in his hand 2. kings 11 12. that being elder he might remember the rule which david avoucheth to be from heaven as a rule for all rulers 2 sam. 23.3 . he that ruleth among men , must be just ruling in the fear of god . g 2. chron. 21 10 lib●ah which a citty belonging to ( the preists . iosh 21.13 ) revolted ne subjecti esset ei [ iunt ) from all subjection , because he had forsaken the lord god of his fathers . h which is the safety of the people . i numb. 35.4 . hang them up that the fierce anger of the lord may be turned away from israel . deu 19.13 . thine eyes shall not pitty him , but thou shalt put away the guilt of innocent blood from israel , that it may go well with thee . 2. sam. 21.3.5.6.14 wherewith shall i make the atonement that ye may blesse the inheritance of the lord , and they answered the man that consumed us , and that devised against us that wee should be destroyed , let 7 men of his sonnes be delivered to us and wee will hang them , & the king said i will give them ; and after that god was intreated for the land . k not so much as acban who yet suffered ios , 7.20 , 25 l iob. 34 30. that the hypocrite raigne not least the people be ensnared . m proverbs 28.13 . divine mercy to confessing and forsaking , but ex. 9.17 34. pharaoh hardened to destruction , though he confesseth , yet when the dreadful thunders are gone his sin returnes . n what other right soever any prince hath , there must be such bonds covenant or agreement between him and his people , besides samuells anointings from god , david had that o iudah , 2. iam. 2.4 . and made a league with all israel before the lord . 2. sam. 5.3 . and afterward they annointed him king over israel . and at the coronation of ioash , 2. k. 11 17. there is a covenant also between the king and people . therefore 1. pet. 2.13 . the particular forme & subject of government is called an humane creature . o dan 8.25 . through his policie shall he cause craft to prosper in his hand , and he shal magnifie himselfe in his heart , and by peace shall destroy many , dan. 11.23.24 . and after the leag●● made wi●h him he shall work deceitfully , hee shall enter peaceably even upon the lat● places of the province and shall do that which his fathers have not done , nor his fathers fathers , p as the sheep dismissing their 〈…〉 with the wolves . and have the english people suffered so many things in vaine . q as he often hath in particular votes . r and lawes which is to be more then man as persian and roman emperors have been flattered to be ; for just lawes being from god ( themis the daughter of iove ) who is not ever under them , ownes not his subjection to god , whereas god hath not put that distance betwixt a king and other men , they are his brethren though his subjects , deut. 17. ult. so david calls his subjects 1 chro. 28.2 . s if any king because a king be unpunishable by men , then all kings are so , and no man may justly punish any king , but when a people to be punished , should spare their king as saul ( the people then admiring haply the persons as well as government of kings ) spared agag , 1 sam. 15.9 . but we find gods instruments fixing more solemne punishment on wicked kings then on their wicked people , iosuah slayes all their kings ios. 11.17 . being thirty one , 12. cap. last , and hangs up some iosh. 10.24.28.30.40 . gideon more solemnely executes the kings of midian then other enemies , iudges 8.1.21 . ebud slayes king eglon , judg. 3.21 . so iehoiadah , and the commanders put athalia to death , 2 chro. 23.14 . and if it be said that these two last princes came to the crown by force & blood , and so were without a title , it may be replyed , that such was the ontrance of the first of the english , french , &c. royall race from whom the present kings claime ; liue further , these two had raigned , and the people been subject to them ( which makes the most usuall title , ) the one for 18. yeares , iudg. 3.14 . the other six yeares , 2 chro. 22.12 . iehu did slay both the kings of israel and iedah 2 kings 9. and asaph psalme 83.11 . prayes that nobles and princes of enemies may be used after former examples . and as this ranke of men is opposing christ in the last times ; so are they by him and his people to be punished psal. 2. psalm . 110.5 . the lord 〈◊〉 right hand shall strike through ( kings in the day of thy wrath psa. 149.8.9 . to bind their kings with chaines , and their nobles with fetters of iron to execute upon them the judgement written rev. 19.17.18 . the fowles invited to eat the flesh of kings and capt. are slaughtered by the lambs as for david sparing saul , it was necessary for david a private person , and under private and personall hate and injury , and therefore could not within his bounds , and without scandalous appearance of revenge or ambition have done otherwise , and it was only declared against the succeeding of his race not the continuance of his person , but the state and people not taking course against saul , did smart in his other way of punishment , as for david , it appears that he forbore him not meerly out of reverence to his authority , for he took up arms to defend himselfe against him and would ( if that part of the people would have joyned ) have maintained kailah against him , 1 sam. 23. now all this was contrary to subjection , and intimates that david , if he had beene put to it , and he could no otherwise have escaped , would have used force against saul , and as for david being spared , who can thence conclude that he should be so ; and if he should be spared then who can conclude the like for every offending king , since there was something speciall in his case not applyable to every case , besides other there was his publik repentance undoubtedly acknowledged by god to be true , also gods declaring how he should be punished himselfe , taking the matter in hand , yet so , that the people shared in his sufferings further , his miscarriage was but an act , and against a person not a cause ( or against a nation . ) t and in no other way will the people yeeld themselves to the discretion of a prince to be distroyed or not . u 2 chr. 23. ul● and the city was quiet afte● they had slaine athaliah with the sword . w num. 25.4 , 5 , 9. the chiefe men guilty were first hang'd , being 1000 ; and then inferiour men slaine , being 23000 as 1 cor. 10.8 . both making 24000. x as for infalliblenesse and superiority to the law would excuse abraham in slaying his sonne , gen. 22. and did the israelites in robbing , exod 12.35 . y even a servant by the civill law may accuse his master as guil●y of treason , ●o , liberti certis le causis p●ssant capitalem accusationem adversus patronos in●●ituere . z god hates all workers of iniquity , psalm 5.5 . and excepteth not the person of princes , nor regards the rich more then the poore , iob 34.19 . and therefore he saith , levit. 19.15 . ye shall doe no unrighteousnesse in judgement , thou shalt not respect the person of the poore , nor honour the person of the mighty ; reformation were better begin at the majorites then the minorites , num. 25.17 . and the 31 &c. midianites ▪ and psalm 140.9 . david prayes against the head of those that compasse him about ; and he gives a generall law for punishment of murderers , gen. 9.6 . and num. 35.33 . so you shall not pollute the land wherein ye are , for blood it defiles the land , and a land cannot be cleansed of blood that is shed therein , but by the blood of him that shed it , 2 chron. 25.27 . now after the time that amaziah did turn from following the lord , they made a conspiracy against him , vajiksher gnalaiv kesher , ligaverunt contra enim ligationem or ligam , some copies of 70 read syndesmos , a combination , league , or confederacy against him ; the words signifies any conjunction , as iob 38.31 . of the pleiades , and nehem. 4.6 . of the wall , and it is of a warrantable combyning of iehu , 2 kings 9.14 . and this against amaziah was in ierusalem the seat of the chiefe state or great councell of the kingdome , and it was done ( as it seems ) by publique authority , for he fled to lachish , and there as iunius . 2 kings 14.21 . lived a private life for eleven yeeres , in the mean while when they so conspired or combined against him , the whole people of iudah made azariah king instead of his father ; yet though they deferred the execution , they did not omit it , but after the said yeers , sent after amaziah to lachish , vbi morte offecerunt eum vamitha hac ethana to sea , they put him to death . so that this was done in an open publique , ( not in a sudden and clandestine , or tumultuous ) way , which it selfe was not afterward punishable , as in this case of amaziahs father , 2 kings 12.10 . & 14 chap. 5. and of wicked ammon , the people slew them servants of his that slew him in his own house , 2 kings 21.23 , 24. a it cannot be unjust to desire justice , and that on , and as a guilty man , and no further . * 2 chro. 23.3 . all the congregation made a covenant with the king , 2 sam. 16.18 , whom the lord and his people and all the men of israel chuse , his will i be . the army brought to the barre, legally examined, arraigned, convicted and adjudged that they are not the self-denying army, nor the restorers of our laws, liberties and priviledges, but obstructors to the happinesse of the king and people. this text is an enriched version of the tcp digital transcription a25836 of text r23376 in the english short title catalog (wing a3709). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 34 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a25836 wing a3709 estc r23376 12068200 ocm 12068200 53418 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a25836) transcribed from: (early english books online ; image set 53418) images scanned from microfilm: (early english books, 1641-1700 ; 49:17) the army brought to the barre, legally examined, arraigned, convicted and adjudged that they are not the self-denying army, nor the restorers of our laws, liberties and priviledges, but obstructors to the happinesse of the king and people. andrew all truth. [2], 13 p. s.n.], [london : 1647. on the political struggle between parliament and the army. signed: andrew, all truth. place of publication from wing. reproduction of original in thomason collection, british library. eng england and wales. -army. england and wales. -parliament. great britain -history -civil war, 1642-1649. a25836 r23376 (wing a3709). civilwar no the army brought to the barre, legally examined, arraigned, convicted and adjudged. that they are not the self-denying army, nor the restore andrew all truth 1647 6344 11 0 0 0 0 0 17 c the rate of 17 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2006-02 tcp assigned for keying and markup 2006-02 aptara keyed and coded from proquest page images 2007-02 taryn hakala sampled and proofread 2007-02 taryn hakala text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the army brought to the barre , legally examined , arraigned , convicted and adjudged . that they are not the self-denying army , nor the restorers of our laws , liberties , and priviledges , but obstructors to the happinesse of the king and people . james 3. 13 , 14. who is a wise man , and endued with knowledge amongst you ? let him shew out of a good conversation his works with meeknesse of wisdome . but if yee have bitter envying and strife in your hearts , glory not , and lie not against the truth . printed in the yeare , 1647. the army brought to the bar. it hath been for these six years space and more , the complaints of divers of the inhabitants of this kingdom , concerning the slavish servitude they endured under the king and his cavaliers ; and there be others who complain of the servile bondage they groaned under by the parliament and their committees , but now 't is justly to be feared , that there is a yoke of servitude far worse then the two former , preparing to be put upon the necks of all englishmen , by an over-ruling independent army , who have assumed so much boldnesse and audacity ( having the power in their own hands ) to controule the parliament , city , and whole kingdome , meerely to drive on their own interests and designes . and our servitude is like to be very miserable , if three things be considered . 1 the condition and nature of the servitude : 't is a martiall servitude , the worst of all : what will not the sword in the hands of such an ignorant multitude doe ? our estates , lives , fortunes , liberties , and religion , will prostrate themselves at the glittering of a naked sword , all shall be within the reach of a swords point , to be disposed of according to their pleasures and commands . 2 the qualifications wherewith the persons are endowed who must rule us : namely the armies agitators , men of transcending knowledge and judgement , especially one of them , of whom ( by one that knows him ) i am credibly informed , can neither write nor reade . if we were to be governed by men found in judgement , and experienced in the laws of the land , we might expect a milder servitude , but from them wee must expect according to education , for as their breeding is , so is their disposition , we cannot expect a gentle usage from men of rude education , but if these and such as they be men rightly qualified to give rules and laws to a parliament and kingdom , then i leave it all indifferent men to judge , then this proverb shall be verified , sus mivervam docet : ideots shall teach the learned , and men scarce fit to be subject , shall become our rulers : but yet let the agitators and the rest of the counsellors , remember this , that malum concilium consultori pessimum . 3 the third thing which will cause our servitude to be very miserable if it happens , ( which i pray god i may never live to see ) will be the strangenesse and unwontednesse of it : wee were before happily governed by our king ( charles our dread lord and sacred sovereign , ( whose dayes god prolong , ) but now we shall be miserably governed by many tyrants , who would fain be rulers and magistrates , yet can scarce tell how to be men . we were before governed and ruled by monarchy , we shal now be governed by democracy , how wil our english necks be accustomed to such unwonted and uneasie yoaks , surely we must needs kick and winch , which if we doe , let them set fast ( being good-horse-men because souldiers ) lest they be cast out of the saddle to the ground . quest . but some may say ( and i doe verily believe many meerly upon that ground cleave to them ) that they have been the only instruments under god , of our preservation and safety , and therefore their proceedings now may be warrantable . answ. 't is true , they have done very nobly ( through god ) in what they undertook , yet one good act committed cannot be a veil to hide all other offences : shall a villain be pardoned for murther , because hee hath done some worthy deeds before , god forbid ? shall a man for some brave exploit before performed be so far exempted as to escape punishment , if hee be guilty of a crime , no : the more noble and brave their former proceedings were ; makes their present undertakings seem more horrible , for nullius viri species vehementiùs accessit , quàm quae ab initio habuit dulcedinem : no wine becomes more sowre then that which was at first the sweetest : so they , so long as they obeyed , and honoured the commands of the parliament , they were most notably victorious and successfull in all their enterprizes , and none did better , but now having revolted , and become like sweet wine turn'd to vineger , & doing things , neither warrantable by law nor reason , in this none did worse . quest . but again , some may say , there is no feare of any oppression , or servitude , when as all their declarations , proclamations ; and letters do signifie that they entend , nay , protest they will endeavour to preserve the prerogative and honour of the king , to uphold the priviledge of parliament , to mayntain the liberty of the subject , to establish a true and sound religion , and to settle a firme and lasting peace in this kingdome , and therefore before all these be established , 't is not necessary they should disband . answ. 't is true , it cannot be denied , that all their declarations , remonstrances do signifie , they do really intend , or at least pretend all these , and first they will endeavour to preserve the honour and prerogative of the king , and to settle him in peace and happinesse in this throne , which they will very hardly do , for the very tenents , and principles of an independant run crosse , and quite blank against king and monarchy . now if such as go quite contrary to me , may be said to go along with mee , and if hee be accounted my advancer , who endeavours to pull me down , then will i believe that an independant will preserve a king , but againe , if example may strengthen beliefe in this particular , then this of major scot by name , ( an independant by religion , a villain by his actions ) is most remarkable , who ( if fame hath not forgot to tell truth ) being asked by colonel brown , whether he were come to kisse his majesties hand , made answer , hee had rather follow him to the gallows ; o monstrum horrendum , informe , ingens , cui lumen ademptum : now , if this mans opinion being an independant may go for the rest , ( man did i call him , more fit to be termed a devill ) i say if the rest agree with him in opinion , being of one and the same religion , then 't is plainly seen which way their hearts , and resolutions tend , although their declarations ( to delude the world ) seem and pretend to go quite contrary ; this is that sect , who being employed as a factor by the clothiers of barfould in suffolke , runs away at one time with the value of 1500 pounds worth of cloth ( as i am credibly informed . ) i omit to recount many more ( as that daring affront offered by cornet joyce ) in removing his majesty from holdenby , contrary to the pleasure of both houses , and his own royall assent . i omit that of crumwel , who ( when his majesty refused to signe a paper given him , by him ) answered his majesty , that he had as good he had : yet in passing by these , and many more his royall majesty hath shewed an incredible patience , yet though the lion sleeps , he is not dead , but keeps a catalogue of all in his sacred brest , and will repay all with much use upon the backs of some , although hee be now their prisoner , if such as these preserve the prerogative of the king , then say men goe upon their heads , when they goe upon their feet , and you may as well , — 2 their declarations professe to uphold the priviledges of the parliament , but i beseech you tell me who are lesse upholders , nay , who are greater dissolvers of the parliament , and confounders of the priviledges thereof , then themselves ? which is manifestly evident by severall particulars . first , what was the impeaching the eleven members upon a meere bare pretence of some great thing laid to their charge , when nothing could be proved against them , no , 't was meerly their policy ( under a pretence of frivolous slanders and reproaches ) to draw them out of the house , and to rob them of their birthright given them by their countrey ) whereby ( by their absence ) their own party might be the more prevalent to carry on their own designes , and upon this bare pretence they must be forthwith suspended the house , although by the said house they were fully cleered , yet for modesty sake ( a thing very commendable in them ) they upon their own desire ( and to satisfie the humour of the army ) absented themselves from setting in the house , and yet for all this some of them are threatned , some ●ought for , and some scandalous hue and cries sent after in a reproachfull way , some taken , and others searched , as sir william waller , who had leave ( with the rest ) and passes from the speaker , to goe beyond sea , or any other place whether they please . now i would fain know by what authority they doe these things , they could not have their authority from the parliament ( they having the speakers passe to goe at their pleasure , ) 't is well known they had their authority from themselves , and the root and ground of all this malice , and calumny , and envy against them , is because they were not friends to their proceedings as they desired , and yet their charge is not yet brought in ( because they pretend first to settle the more important affairs of the kingdome , which if it be not brought in before the kingdom is setled by them , the eleven members shall never need to be afraid of their tryall , and again , was it not an incroaching upon the priviledges of parliament , to set them a certain day , nay , a prefixt houre of the day , by which time they should send them an answer to their demands ( though unreasonable ) or else they would do so and so , march with their army towards london , what was the result of the agitators of the army , when they voted all them to be suspended the house , and to sit there no more , or to sit at their perill : who sate in parl. when the speaker & the rest fled to them ? was not this a great diminution to the priviledges of parl. but pray why are those that set then thus censured , because they did not ( contrary to their consciences ) desert the house , and their trust , and come to them , i pray assure mee you that know the laws of this land ( of which i confesse my self to be wholy ignorant ) who have been the faithfullest patriots , those that sat , or those that deserted the house , i know you will say those that sat , and mayntained their trust against all opposition whatsoever ; however if it be their fortune ( i cannot say ill fortune ) to be driven frō the house ( though contrary to their priviledges ) by the power of the army , yet they will have many companions , and foelice est miseris socios habuisse doloris , yet if it so come to passe , yet confident i am , that the time will come againe , when they shall set to do their countrey service , and shall enjoy ( in spight of such an over-ruling army ) all their former priviledges and honour , and shall at last be accounted the best lovers of peace , and their countrey . i admire what bloud ran then in our nobles veins , when they so deserted the parliament , was all the royall bloud which was wont to run in our english nobles veins then lost , by my consent , if they commit the like act again , they shall forfeit both their honour and dignity , if such as these ( i mean not the lords ) be the upholders of parliaments , they are like to have good housholders , and if such acts as these be upholding , the priviledges of parliament , i say no more but , ô tempora ! ô mores ! 3 their declarations ( i confesse ) demonstrate how that they will endeavour to mayntain the liberty of the subject , which is a thing they as little intend as the former , else what meanes their oppressing the countries by their daily needlesse quarters ( though it be not denyed , they carry themselves very orderly where they come , 't is true and 't is policy so to do , for thereby they make their actions more plausible , and their ruling longer-liv'd then it would of it self be , for if they should carry themselves any way unbeseeming , all would vie with one hand and arme to subdue them ; the fetching home of the king , and setling him in his throne ( which i know they never intended ) they declare to the world to increase their number ( many following the king as a loadstone ) and to colour and varnish their unjust and unheard of proceedings , they are politicians and will prove the better statesmen : and they have already a little learned to dissemble , because they would verifie that ancient proverbe , nescit imperare , qui nescit dissimulare , witnesse else cromwel ( who being a member of the honourable house of commons ) ( which place by his fore-mentioned unheard of authority , hath long since unjustly forfeited ) i say cromwel in the house declared that if the houses would but send the very shadow of their commands to them for to lay down their armes , they would readily obey , and lay them down at the house of commons doore , and ●ow they have verified this saying upon the houses command for their disbanding , sent to bury , and severall commands sent them since . let the world judge &c. and againe , if they maintain the liberty of the subject , what do they meane when they force the house ( contrary to the dictates of their owne consciences ) to recall and revoke their votes , passed in a free , and full house ; and all this because it doth not please the pallat of the sweete tooth'd army , ( as i may justly tearm it ) these be them that in all their propositions , and remonstrances , speak for a free parliament , and yet none so much doth force the parliament as themselves . but we may see light through the least crevice . i would fain know what confidence , and trust , the subjects of england can repose upon any vote the houses passes concerning them , when as their votes are beat back again ( as i may say ▪ ) by the sword into their own mouthes , or if they come forth , they are not obeyed by a lawlesse , and over-ruling multitude : what fruits , and enjoyements , can the subject have of this parliament , when as their votes are made voyd , and nulled ( though contrary to humaue reason , and their own priviledges ) yet by the threatning power of an independent army . and by this their actions , they not only hinder the free course of the parliament , but they cause the people to loath parliaments as long as this generation lasteth , and if the parliament shall vote what they desire our of feare , or condicend what they propound out of love ; what english man will ever again honour a parliament ? furthermore , i desire to know what security , and hopes these subjects can have who are lenders of the publique faith , for their mony so lent , when as their greatest securities , the excise , and bishops lands , and many other lies under the command of the sword of a revolting army . i wonder what liberty the citizens can expect , when sir thomas is the merchants cash-keeper , and the tradsmens shopkeeper . ( pray god he gives a good accompt ) he commands all , the tower key is the picklock key , whereby hee may enter every mans house at his pleasure . i wonder what priviledge the apprentices will reap by their freedomes , when as every tag , rag , shagd souldier will be free of any trade in the city , by the armies copy-hold . is the liberty of the subject , and the freedome of the city like thus to bee maintained ? iudge all reasonable men , to reason it is impossible , that that which is deliberately enacted by the parliament can be of force , when it is repealed again by violence . 4 their declarations , &c. presents to the view of the world another false glasse , which is , that they will to their utmost endeavours procure to settle a firme , and lasting peace in this kingdome . i believe they they will use their utmost endeavours , and doe ( but what to doe ? ) to procure all into their own clurches , not to settle peace and vnity : which if they do , let their military preparations speak , their daily listings of men , there fetching armes and ammunition from the tower of london , the taking of tilbury blockhouses in essex , and their possessing themselves of many strong holds in this kingdome , the placing colonell liburne governour of newcastle , and yet for all that , the city , nor kingdome must not raise a man for their own defence , for fear of involving this kingdome in a second war . what means such acts as these ? bee such preparations for warre as these , settlers of a happy peace in england ? o reason , speak the truth ! fooles do you determine ? can he which comes thrusting with a naked sword at my breast , be tearmed the saver of my life ? reason saies no , and the same reason tels me , that their present proceedings truly considered , shall not ( neither ever can ) settle peace in the land . but if they intend to settle peace , for what purpose do they surround and incompasse london , ( londoners looke about you ) and their having the commands of some forts thereof , is it to confirme peace ? beleive it , they that strive to settle peace by the sword , distract it ; however if all these be the mother of peace , i feare the child will be still-born , or if it see the light , it will not live long , but will dye before the mother rises up , or to speak plaine , before the armies layes down . but if it prove contrary to expectation , and reason ) that these their actions produce peace , it is a way newly found out , which our statesmen never knew : but they are politians , and policy is but a circumstantiall dissembling , pretending one thing , intending another ; 't is like to prove such a policy ; i feare their hearts doe turne tounges , to give their tongues the lye in this particular . 5. lastly , their declarations professe that they will be establishers of true religion in its purity . if they be the guardions and establishers of our religion , actum est de nostra religione , you may shake hands with true religion ; if they settle true religion , it will bee the cleane contrary way , and under pretence of allowance to tender consciences , which they desire ) all schismes , sects , and dangerous . opinions will ( rush in ; that gap is so wide that many other opinions destructive to the common-waalth will rush in unavoydably . though i confesse in things meerly indifferent , and no wayes prejudiciall to the common-wealth , a respect is necessary to bee had to tender consciences , but in things of great concernment ( the word of god not sincerely construed ) is to beare more sway then a tender conscience , for if a religion or any thing else seises a mans genius , he wil flye to the altar of a tender conscience , though he hath not a tender conscience , or rather none at all , i say he will make conscience the shelter , and refuge for his villanies , but in any thing which the word of god distinctly commands , and reason , and experience , and examples confirmes , in my opinion wee must not controle , nor disobey it , under pretence , or coulor of a tender conscience . i pray god such ranging souldiers ( used hereunto ) doe not open this gap to let in all manner of fower footed beasts , and two legged monsters as themselves to graze in the flourishing field of our true religion . but if such actors , and acts such these be the preservers of the prerogative of the king , the upholders of the priviledges of parliament , the maintainers of the liberty of the subject , the setlers of a lasting peace , the establishers of true religion , i shall desire to use but one clause of the letany before it bids adieu to us , and gives it vltimum vale to the world . which is , from such preservers , vpholders , maintainers , setlers , and establishers , good lord deliver us . but rule they will , for in reference to some petitions presented to them , they say , this , and this is the sense of the army , whereby they make their sense the supreame law of the land . and the unreasonablenesse of their proceedings is seene in two things . 1. in this , the tumult of the apprentices on the 26. of iuly , forcing the parliament to unvote , what they had formerly voted , and disturbing and affronting the members of both houses ( which truly i do not allow ) must be by them tearmed a breach of the parliaments priviledges , and the contrivers and abbettors thereof must bee proceeded against according to law , and justice , and themselves ( though gu 〈…〉 y of the same crime ) are scot free , and escape unpunished , and escape unpunished , not because they have not merited any , but because the sword sayes nay , they shall not suffer . 1 now take a review of both their acts , the apprentices came ( 't is true ) in their persons , and compelled the members of parliament to revoake what had been before voted upon the desire of the army . but vollitur causa desinet effectus , there is never no effect without a cause ; if the army had not first ( by their unjust desires ) compelled the parliament by their votes to alter the old militia , the apprentices had never came in such a tumultuous manner to force them ( in the same kind ) to revoake that which before upon the armies unheard of demands had been passed ; so that if the army had not first piped , and led the way , the apprentices would never have danced after them , for they fearce knew the way to westminster , so that the army was the only cause of that mutiny . 2. the army they ( 't is confessed ) came not in their own persons , but they sent their power , and command ( as their subordinate deputy ) to them , and forced them to revoke , and call in their declaration wherein they were proclaimed traytors ( yet they will be traytors upon record ) or if they did not , they would do so , and so , thus , and thus , and march with their whole army up to london , as if they would compell them by their presence . now the state of the cause stands thus , whether a deputy sent from a ruler , or an embassador sent from a prince , be not as effectuall , and of as much force as the prince , or ruler in person , if so , then the army are as deep in that crime ( nay deeper ) then the apprentices , seeing they can command as much by their deputyes , as others can do by appearing in person ; however it stands with reason , that what is not allowable in the one , cannot bee expedient in the other , and yet the army is not proceeded against , but quod defertur , non offertur . quest . but some may say that of the apprentices was the more unwarrantable in regard they forced the speaker , and some of the other members to flye from the house . 't is true , the substance doth worke more upon mans nature then the shadow , yet being the shadow is the image of the substance , and the deputy represents the image of his lord and master , the army is as equall guilty of the said crime as the other , yet neither are warrantable neither by law , nor reason , nor can ever such clashings strike good fire to the common-wealth : but how can the speaker warrant that his absence , you say he was forced and affrighted , and was not they that stayed behind forced and affrighted as well as he and the rest , if so , how then comes it to passe that they deserted not the house as well as the other , yet for their faithfullnesse in cleaving close to their truth , they must be subject to the votes of acompany of illeterate agitators , and a councell of war , and to desert the house according to their pleasure : if this be just , and to uphold , nay if it be not to break the free priviledges of a parliament , let themselves be their own judges . againe doth it become the speaker and the rest , being placed as magistrates in such authority , to desert the house upon a pretence of feare , and leave the kingdome in the lowest ebbe , and in the greatest storme , like a ship in a tempest ready to sink , no , 't was not feare , i believe it was a thing called a guilty conscience which made them flye . 2. there unreasonable proceedings are manifest in the manner of the impeaching the 11 honourable members , they did not ( as those which censure aright alwayes do ) examin two things before they censure : first whether the parties censured have done good or ill : secondly whether they themselves could have done better . but they never have these considerations , but being turned by the wheele of their own in terests , never regard how mens good names are as white balls , which will infinitely get soyle by tossing : but their censures against these 11 worthy impeached members , are like the butts of rams-hornes against the walls of iericho , they lay levell all their worthy deeds at once . but for all this , the saying of a worthy writer may be fitly applyed here . 〈…〉 mutatis , mutandis , ille crucem pretium sceleris tulit , hic diadema , it may be verified of them &c. now a word to london : ô london , sero sapium phryges , the phrygies were wise too late ; and so were you , t is too late ( they being in ) to keep sir thomas and his followers out , 't is too late ( when the horse is stollen ) to shut the stable doore , yet i dare say , and i verily believe , had the city but shewne there teeth at them , they durst not have approached ; and i believe there were steeled swords in the city , which would have pierced crumwells skin , in spight of his iron sides , and there were sturdy mastives in the city , which would have baited that bull into the isle of ely , from whence he came , and truly it would be a greater honour to him to turne brewer againe in that island , and for colonell pride to assume his profession of a brewers clarke againe in london , then in being such evill instruments of the common-wealth in the places they are for , praest●t in●p 〈…〉 esse ; quàm impium . i would speake one word ( if without offence ) to the revolted citizens within the city , and there erevolting neighbours , s 〈…〉 and i would aske them one question , what was there intention in lying dormant to let the army thus subdue the city ? i wonder what mercy either would have found , if the army had come in in fury ? they would all have been in the same shocke of calamity ; and misery ; friends , and foes are both a like in the eyes of such a multitude , what honour have you atchieved by selling and betraying the city ( as iudas did our saviour ? ) and although you have not iudas his first wages mony , yet you may have his last wages , and reward , ( hanging ) and truly it were a thing fit in my opinion , that all those that were in this crime of revolting , shovld have revolter written in all there foreheads , to there utter infamy to all ages , and posterity● . quest . but some say , 't is better it is thus ended , and that they stood it not out against the army , a great deale of precious bloud is saved thereby ? answ. to that i answer , some bloud ( i confesse ) must have beene spilt , how ever , 't were better a little were lost , then all your liberties lost , come citizens , libertas dici inaestim abilis , you applyed a certaine remedy to a suspected disease , you feared shedding of some bloud , which was but suspected , and did not feare the losing of your liberties , which is certaine ; if the city had stood out in a generall defence , much bloud could not have been spent , for plus virtus unita valet , vis nihill vinci si meus null fides null sit , null manus . and if the city had but done so , terme time , that army would not have hurt it , but they might have enjoyed their ancient freedoms , and liberties , which now they must bid adieu unto . a word to sir thomas and the army under his command , gentlemen souldiers , and agitators ; you shall scarce be warme in your honour by these proceedings ; theeves of honour seldome find joy , in there purchases , ( stability never ) you seeke honour ( like absolon ) by indirect meanes , but you may ( like him ) be pulled down with a vengeance , you aspire to preferment by wrong meanes , being like them that ascend a paire of staires on horse-back , it is tenne to one but your beasts will cast you before you reach the top of preferment ; though caesar had not his equall , nor pompey his superiour , yet fairefax may meete with both , and although yet no rubs crosse him in his undertakings , but all things smile upon him with an auspicious reverence , yet before hee attaines the throne , many lets must encounter him . there is a king , who when ( like the sun ) hee shall arise againe in our horison , will by his glorious beames chase away these numerous flies : i say there is a king , a cavalier , a byshop , a presbyterian , a round-head , and a true englishman , all antipodes to independants ; therefore fairefax hold thy hand , the beginning of thy reigne shall not come in our almanacks this yeare ; agitators leave plotting , and counselling , it is better to desist betimes , then to be forced to it nolens , volens , a sword of gold will command an englishman , more than a sword of steele ; fairefax take warning , beware , and look behind to what hath beene done , you signe all that is presented to you from your agitators , and your councell of warre ; your hand is upon record for all , your back must heare all , it will sinke you if you be not strong back'd ; you must answer and appeare for all , when crumwell and the rest of your councellours will pull there necks out of the collar , though as guilty as you they will set you in the front of the battle to beare the brunt , when they thems●lves will fall back to the reare and be secure , o beware , bewise , praestat sero , quum nunquam . a word to all true noble englishmen , be patient you who have bin grinded by the king , you that have been oppressed by the parliament , and now been slaves to this over-ruling revolting army , or oppressed by any subordinate power , derived from any of these three waits , and be patient all you that have lost your goods and estates ; flebile principium melior fortunae sequata est , there will come a time when all shall enjoy there own , when king charles is setled agai in his throwne and injoyes his own , which shall be my daily prayers , and that this kingdome may flourish againe with all the freedomes , liberties and happinesse it formerly enjoyed , which god of his infinite mercy grant , amen . now souldiers ( gentlemen souldiers ) i would tearme you if your proceedings were answerable ; if you wynch , 't is to be feared you are galled , and if i have any way incensed you , you must not stirre ; you are bound to the peace , your hands are tyde behinde you in two regards . first , you goe under the notion of saints , and saints are not envious nor vindictive , you allow liberty of conscience to doe and speake , therefore you cannot exempt me , and in this regard , though i thought not to have revealed my name ; yet because you shall see i do not feare , my name is , andrew , all truth . courteous reader ; if in any thing in the foregoing discourse thou hast reaped any profit , i shall think my selfe fully satisfied for my paines : there is nothing in it , but what is as cleare as the sun . and as my conscience commanded me , so have i obeyed and publisht it , though contrary to my desire . if any thing therein displease thee , thy pardon i humbly crave , and rest thine finis . by the king a proclamation for remouing the receipt of his maiesties exchequer from westminster to richmond. england and wales. sovereign (1625-1649 : charles i) 1625 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a22378 stc 8789 estc s123752 33150353 ocm 33150353 28562 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a22378) transcribed from: (early english books online ; image set 28562) images scanned from microfilm: (early english books, 1475-1640 ; 1876:49) by the king a proclamation for remouing the receipt of his maiesties exchequer from westminster to richmond. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.). by i.l. and w.t. for bonham norton and iohn bill, printers to the kings most excellent maiestie, printed at oxford : 1625. line 1 of text ends "conside-". "giuen at the court at ricot the one and thirtieth day of iulie, in the first yeare of his maiesties raigne of great brittaine, france and ireland." reproduction of original in: harvard university. library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -exchequer. plague -england -early works to 1800. great britain -history -charles i, 1625-1649. great britain -politics and government -1625-1649. broadsides -london (england) -17th century. 2006-03 tcp assigned for keying and markup 2006-05 spi global keyed and coded from proquest page images 2006-06 mona logarbo sampled and proofread 2006-06 mona logarbo text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion by the king . a proclamation for remouing the receipt of his maiesties exchequer from westminster to richmond . the kings most excellent maiestie taking into his princely consideration the great and dangerous increase of the plague in and about the citty of westminster , where his maiesties receit of exchequer hath beene hitherto kept , and willing as much as is possible to prevent the further danger , which might ensue as well to his owne officers , which are necessarily to attend the same receit , as to other his louing subiects who shall haue occasion either for receit , or payment of monies to repaire thither : hath therefore taken order for the present remoue of the receit of his said exchequer from thence to his maiesties house at richmond in the countie of surrey : and hath thought fit by this his proclamation to publish the same , to the ende , that all persons whom the same may concerne , may take notice whither to repaire vpon all occasions concerning the bringing in , or issuing of his maiesties treasure at the receit of his exchequer . willing and requiring all sheriffes , bailiffes , collectors , and all other officers , accomptants , and persons whatsoeuer , who are to pay in any monies into the said receit of his maiesties exchequer , or otherwise to attend the same , to keepe their daies and times at richmond aforesaid , and there to doe , pay , and performe in all things as they should , or ought to haue done at westminster , if the said receit of exchequer had continued there . and this to bee done and obserued vntill his maiestie shall publish and declare his further pleasure to the contrary . given at the court at ricot the one and thirtieth day of iulie in the first yeare of his maiesties raigne of great brittaine , france , and ireland . god saue the king. printed at oxford by i. l. and w.t. for bonham norton and iohn bill , printers to the kings most excellent maiestie . 1625. a letter sent from the marquess of argyle to the king of scots; concerning the raising of a new army against the english; and his desires and proposals touching the same. also, his declaration to the people, and his summons to the gentry in the north; with the rising of the highlanders and redshanks; their falling upon the parliaments forces, and the event and success thereof. likewise, the manner how they fortifie the hills and mountains; and the strange engines of war which they have planted. argyll, archibald campbell, marquis of, 1598-1661. this text is an enriched version of the tcp digital transcription a75558 of text r206757 in the english short title catalog (thomason e660_7). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a75558 wing a3660 thomason e660_7 estc r206757 99865862 99865862 118113 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a75558) transcribed from: (early english books online ; image set 118113) images scanned from microfilm: (thomason tracts ; 101:e660[7]) a letter sent from the marquess of argyle to the king of scots; concerning the raising of a new army against the english; and his desires and proposals touching the same. also, his declaration to the people, and his summons to the gentry in the north; with the rising of the highlanders and redshanks; their falling upon the parliaments forces, and the event and success thereof. likewise, the manner how they fortifie the hills and mountains; and the strange engines of war which they have planted. argyll, archibald campbell, marquis of, 1598-1661. 8 p. for george horton, imprinted at london : 1652. annotation on thomason copy: "aprill 23". reproduction of the original in the british library. eng england and wales. -army -early works to 1800. scotland. -army -history -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. scotland -history -1649-1660 -early works to 1800. a75558 r206757 (thomason e660_7). civilwar no a letter sent from the marquess of argyle to the king of scots;: concerning the raising of a new army against the english; and his desires argyll, archibald campbell, marquis of 1652 1190 8 0 0 0 0 0 67 d the rate of 67 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-03 tcp assigned for keying and markup 2007-03 aptara keyed and coded from proquest page images 2007-04 celeste ng sampled and proofread 2007-04 celeste ng text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a letter sent from the marquess of argyle to the king of scots ; concerning the raising of a new army against the english ; and his desires and proposals touching the same . also , his declaration to the people , and his summons to the gentry in the north ; with the rising of the highlanders and redshanks ; their falling upon the parliaments forces , and the event and success thereof . likewise , the manner how they fortifie the hills and mountains ; and the strange engines of war which they have planted . imprinted at london , for george horton , 1652. a declaration of the marq. of argyle concerning the parliament of england ; and his resolution and summons to the gentry : with the rising of the highlanders . sir , the marquess of argyle is returned to the highlands , being possessed with sundry jealousies and feares touching the present government of the commonwealth of england ; for , indeed , he hath declared , that he cannot give his assent for the incorporating the kingdom of scotland , with the commonwealth of england ; but holds himself bound in duty , whilest he hath any power ) to preserve the interest of the kirk , and to include a toleration for the discipline of that nation , as it was concluded , enacted , and agreed upon by the general assembly of divines ; and upon that account he was resolved to stand or fall : in pursuance whereof , he hath sent a summons to the lords and gentry in those parts ( a copy whereof , i have sent you here inclosed ) for them immediatly to make their personal appearance at candress , to consult and determine upon the weighty and emergent affaires of that nation ; for the defence and preservation of their religion , laws , and liberties . and accondingly on the fourth of this instant april , divers of the gentry met at the aforesaid place , where the marquess presented ▪ 19 propositions , touching their fundamental laws and government , the presbyterian pro●ession , and the ●●iviledges of the people ; and after mature deliberatio● thereupon their consultation produced these results ▪ that they found them to be consonant to the word of god ( yet the voters aliens to religion ) and according to the solemn league and covenant , and therefore thought themselves bound in conscience , and duty to adhere therunto , and to give their condescensions for promoting thereof . whereupon the marquess desired their subscriptions , and unanimously they assented thereunto ; so that there is a new league and confederacy against the english ; by which means , an highland war is expected this summer ; in order whereunto , about 1000 redshanks are levyed , bei●g armed with bows and arrows , long skeines , cross-bows , darts , and other strange engines of war , ( yet nothing so sure , but that they are instruments for their own destruction ) and have made a spacious line along the river neer andress , with several half-moons , flankers , and sconces ; but want great canon exceedingly to plant : however , they are very active and busie in making of lether-guns of several sorts both great and small ; and are raising divers bulworks and fortifications at sundry passes , rivers , and foords , and are as busie , as so many rats in a barley-mow . they talk high , and say they will level us with the valleys , by stoning us from the rocks ; & think themselves as safe as so many thieves in a mill , because of their mountainous fortifications , having upon each rock , where there is any possibility to attempt a pa●●age , placed great heapes of stones and flints , to tumble down upon their heads , in case they should attempt to storm . these highlanders have lately made an attempt upon the low-lands , where they fell upon some of our out-quarters ; but the allarm being given , our men very opportunely came in , and soon expelled them ; killing twenty two , and took thirty four prisoners . we could not embrace the pursuit , by reason of the advantagiousness of the grounds for the enemy , yet notwithstanding upon the securing of the prisoners , we demanded what their principles were they fought for ; they answer'd . for god ▪ their dear lord marquess , and their gude king ; but seemed to be very passionate ; and truly i must ingenuously confess , they are a stout ( but heathenish ) generation . for their ministers are as crosse-grain'd as ever , and throw so many fire-balls at the government , that ( if possible , and permitted ) they will set all again in flames ; and great is their spleen against those of their own nation , that are satisfied in acting by commission , under the authority of england , or appear any wayes inclinable to an incorporation with it . so much , for their own ends , are they enemies to the good of their domineering hierarchy . if the yoke of the lords , lairds , and priests be once taken off , then they will be deprived of that wicked compliance , which was wont to be maintained betwixt themselves , as cruel taskmasters , both in spirituals and civils , for inslaving of the poor people . but now ( praised be god ) things work pretty well ; for , the scales begin to fall off from mens eyes , to a lothing of former vanities , insomuch that several kirks about aberdeen are faln off , and have deserted that presbytery , which gives a strong allarm to the rest of the clergy . it s reported , that the aforesaid marquesse of argyle hath fent a letter to the pretended king charles stuart , for a supply of arms and ammunition , wherein he assures him that he will be both loyal and faithful to the last minute , and that he hath now a new game to play , &c. indeed , we may probably conjecture , that he hath some notable design in hand , by reason of his confederacy and combination with the adverse party ; a cleer demonstration whereof , is apparently made evident by the ensuing summons . these are strictly to charge and require all lords and gentlemen whatsoever , that they forthwith make their appearance at candress , there to consult and determine upon such things as may tend to the honour of religion , the peace and welfare of this nation , the preservation of our liberties and freedoms , and the due observing of our ancient laws and customes , in kirk and state , against all those who shall endeavor the extirpation thereof . dalkeith april 9. 1652. finis . ouranōn ourania, the shaking and translating of heaven and earth a sermon preached to the honourable house of commons in parliament assembled on april 19, a day set apart for extraordinary humiliation / by john owen. owen, john, 1616-1683. this text is an enriched version of the tcp digital transcription a53716 of text r575 in the english short title catalog (wing o789). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 104 kb of xml-encoded text transcribed from 24 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a53716 wing o789 estc r575 12181492 ocm 12181492 55671 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a53716) transcribed from: (early english books online ; image set 55671) images scanned from microfilm: (early english books, 1641-1700 ; 115:3) ouranōn ourania, the shaking and translating of heaven and earth a sermon preached to the honourable house of commons in parliament assembled on april 19, a day set apart for extraordinary humiliation / by john owen. owen, john, 1616-1683. [6], 42 p. printed by m. simmons, and are to be sold by john cleaver ..., london : 1649. first two words of title transliterated from greek. advertisement on t.p. reproduction of original in thomason collection, british library. eng england and wales. -parliament. bible. -n.t. -hebrews xii, 27 -sermons. sermons, english. a53716 r575 (wing o789). civilwar no ouranōn ourania· the shaking and translating of heaven and earth. a sermon preached to the honourable house of commons in parliament assemb owen, john 1649 19446 10 90 0 0 0 0 51 d the rate of 51 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2005-03 tcp assigned for keying and markup 2005-04 aptara keyed and coded from proquest page images 2005-05 emma (leeson) huber sampled and proofread 2005-05 emma (leeson) huber text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion die veneris . 20 april . 1649. ordered by the commons assembled in parliament , that sir william masham do give hearty thanks from this house to mr. owen , for his great pains in his sermon preached before the house yesterday at margarets westminster ; and that he be desired to print his sermon at large , as he intended to have delivered it ( if time had not prevented him ) wherein he is to have the like liberty of printing thereof , as others in like kinde usually have had . hen : scobell cler. parliament . ουρανων ουρανια . the shaking and translating of heaven and earth . a sermon preached to the honourable house of commons in parliament assembled : on april 19. a day set apart for extraordinary humiliation . by john owen . isaiah 66. 14. 16. and when ye see this , your heart shall rejoyce , and your bones shall flourish like an herb : and the hand of the lord shall be known towards his servants , and his indignation towards his enemies . for by fire , and by his sword , will the lord plead with all flesh : and the slain of the lord shall be many . london : printed by m. simmons , and are to be sold by john cleaver , at his shop in paul's church-yard near the school . 1649. where also are to be sold the authors former sermon , preached the 31th . of january , 1648. and likewise his 2 sermons for a memoriall of the deliverance of essex county and committee . to the right honorable the commons of england assembled in parliament . sirs , all that i shall preface to the ensuing discourse , is , that seeing the nations welfare and your own actings are therein concerned ; the welfare of the nation , and your own prosperity in your present actings , being so neerly related as they are to the things of the ensuing discourse , i should be bold to presse you to a serious consideration of them as now presented unto you , were i not assured by your ready attention unto , and favourable acceptation of their delivery , that being now published by your command , such a request would be altogether needlesse . the subject matter of this sermon being of so great weight and importance as it is , it had been very desireable , that it had fallen on an abler hand , as also that more space and leasure had been allotted to the preparing of it , first for so great , judicious , and honorable audience ; and secondly , for publick view , then possibly i could begge from my daily troubles , pressures and templations , in thee midst of a poore , numerous provoking people . as the lord hath brought it forth , that it may be usefull to your honorable assembly , and the residue of men that wait for the appearance of the lord jesus , shall be the sincere indeavour at the throne of grace , of coggeshall : may 1. 1649. your most unworthy servant , in the work of the lord , john owen . a sermon preached to the honorable house of commons , upon thursday the 19th . of april 1640. being by order of that house especially appointed for a day of humiliation . hebr. 12. 27. and this word , yet once more , signifieth the removing of those things that are shaken , as of things that are made , that those things which cannot be shaken may remain . the main designe of the apostle in this scripture to the hebrews , is to prevail with his countrey-men who had undertaken the profession of the gospel , to abide constant and faithfull therein , without any apostasie unto or mixture with judaisme , which god and themselves had forsaken , fully manifesting , that in such back-sliders the soul of the lord hath no pleasure . chap. 10. 38. a task , which whoso undertaketh in any age , shall finde exceeding weighty and difficult , even to perswade professors to hold out , and continue in the glory of their profession unto the end , that with patience doing the will of god , they might receive the promise ; especially if there be lyons in the way , if opposition or persecution do attend them in their professed subjection to the lord jesus . of all that deformitie and dissimilitude to the divine nature which is come upon us by the fall , there is no one part more eminent , or rather no one defect more evident , then inconstancie and unstablenesse of minde , in embracing that which is spiritually good . man being turned from his unchangeable rest , seeks to quiet and satiate his soul with restlesse movings towards changeable things . now he who worketh all our works for us , and in us , isa. 26. 12. worketh them also by us : and therefore that which he will give , he perswades us to have , that at once his bounty , and our duty , may receive a manifestation in the same thing . of this nature is perseverance in the faith of christ , which as by him it is promised , and therefore is a grace , so to us it is prescribed , and thereby is a duty . petamus ut det , quod ut habeamus jubet : august . let us ask him to bestow , what he requires us to enjoy . yea , da domine quod jubes , & jube quod vis : give what thou commandest , and command what thou pleasest . as a duty it is by the apostle here considered , and therefore pressed on them , who by nature were capeable , and by grace enabled for the performance thereof . patheticall exhortations then unto perseverance in the profession of the gospel , bottomed on prevalent scripturall arguments , and holy reasonings , are the summe of this epistle . the arguments the apostle handleth unto the end proposed , are of two sorts : 1. principall . 2. deductive , or emergencies from the first . 1. his principall arguments are drawn from two chief fountains : 1. the author , and , 2. the nature and end of the gospel . the author of the gospel is either 1. principall and immediate , which is god the father , who having at sundrie times and in divers manners formerly spoken by the prophets , herein speaketh by his son ; chap. 1. 1. 2. concurrent and immediate , jesus christ , this great salvation being begun to be spoken to us by the lord . chap. 2. 3. this latter he chiefly considereth , as in and by whom the gospel is differenced from all other dispensations of the minde of god . concerning him to the end intended , he proposeth 1. his person , 2. his employment . for his person , that thence he may argue to the thing aymed at , he holdeth out , 1. the infinite glory of his deity : being the brightnesse of his fathers glory , and the expresse image of his person : chap. 1. 3. 2. the infinite condescension of his love , in assuming humanity , for because the children were pertakers of flesh and blood , he also himself took part of the same . chap. 2. 14. and from the consideration of both these , he presseth the main exhortation which he hath in hand , as you may see , chap. 2. 1 , 2. chap 3. 12 , 13 , &c. the employment of christ he describeth in his offices , which he handleth 1. positively , and very briefly , chap. 1 , 2 , 3. 2. comparatively , insisting chiefly on his priesthood , exalting in sundrie weighty particulars , above that of aaron , which yet was the glory of the jewish worship , and this at large , chap. 6 , 7 , 8 , 9 , 10. and this being variously advanced and asserted , he layeth as the main foundation , upon which he placeth the weight and stresse of the main end pursued , as in the whole epistle is every where obvious . ii. the second head of principall arguments he taketh from the gospel it self , which considering as a covenant he holdeth out two wayes : 1. absolutely , in its efficacy in respect of 1. justification , in it god is mercifull to unrighteousnesse and sins , and iniquities he remembers no more : chap. 8. 12. bringing in perfect remission , that there shall need no more offering for sin : chap. 10. 17. 2. sanctification , he puts his laws in our hearts , and writes them in our minds , chap. 10. 16. in it , purging our consciences by the blood of christ , chap. 9. 14. 3. perseverance , i will be to them a god , and they shall be to me a people : chap. 8. 10. all three being also held out in sundrie other places . 2. respectively to the covenant of works , and in this regard assignes unto it principall qualifications , with many peculiar eminencies them attending , too many now to be named : now these are , 1. that it is new , he saith a new covenant , and hath made the first old . chap. 8. 13. 2. better ; it is a better covenant , and built upon better promises : chap. 8. 6 , 7. 22 3. surer , the priest thereof being ordained , not after the law of a carnall commandment , but after the power of an endly life : chap. 7. 16. 4. vnalterable , so in all the places before named , and sundry others . all which are made eminent in its peculiar mediator jesus christ , which is the summe of chap. 7. and still in the holding out of these things , that they might not forget the end for which they were now drawn forth , and so exactly handled , he interweaves many patheticall intreaties , and pressing arguments by way of application , for the confirming and establishing his countrey-men in the faith of this glorious gospel , as you may see almost in every chapter . 2. his arguments lesse principall , deduced from the former , being very many , may be referred to these 3. heads . 1. the benefits by them enjoyed under the gospel . 2. the example of others , who by faith and patience obtained the promises : chap. 11. 3. from the dangerous and pernicious consequence of back-sliding , of which onely , i shall speak . now this he setteth out 3. wayes . 1. from the nature of that sin , it is a crucifying to themselves the son of god afresh , and putting him to open shame . chap. 6. 6. a treading under foot the son of god , counting the blood of the covenant an unholy thing , and doing despite to the spirit of grace : chap. 10. 29. 2. the irremedilesse punishment which attends that sin : there remains no more sacrifice for it , but a certain fearfull looking for of judgement , and fiery indignation that shall consume the adversaries : chap. 10. 26 , 27. 3. the person against whom peculiarly it is committed , and that is he who is the author , subject , and mediator of the gospel , the lord jesus christ ; concerning whom for the aggravation of this sin , he proposeth two things . 1. his goodnesse and love , and that in his great undertaking to be a saviour , being made like unto his brethren in all things , that he might be a mercifull and faithfull high priest in things pertaining to god , to make reconciliation for the sins of the people : chap. 2. 17. and of this , there is a sweet and choise line , running through the whole discourse , making the sin of back-sliding , against so much love and condescension appear exceeding sinfull . 2. his greatnesse or power , which he sets out 2. wayes : 1. absolutely , as he is god to be blessed for ever : chap. 1 and it is a fearfull thing to fall into the hands of the living god : chap. 10. 31. 2. comparatively , as he is the mediator of the new covenant in reference to moses . and this he setteth forth as by many and sundry reasonings in other places of the epistle , so by a double testimony in this 12th . chapter , making that inference from them both , which you have v. 25. see that you refuse not him that speaketh , for if they escaped not who refused him who spake on earth , how much more shall not we escape if we turn away from him who speaketh from heaven . now the first testimony of his power , is taken from a record of what he did heretofore ; the other , from a prediction of what he will do hereafter . the first you have , v. 26. in the first part of it : his voice then shook the earth : then , that is , when the law was delivered by him , as it is described v. 18 , 19 , 20. foregoing . when the mountain , upon which it was delivered , the mediator moses , into whose hand it was delivered , and the people , for whose use it was delivered , did all shake and tremble , at the voice , power and presence of christ , who , as it hence appears , is that jehovah who gave the law . exod. 20. 2. the other in the same verse is taken from a prediction , out of haggai , 2. 16. of what he will do hereafter , even demonstrate and make evident his power beyond what ever he before effected , he hath promised , saying , yet once more i shake not the earth onely , but also the heavens . and if any one shall ask , wherein this effect of the mighty power of the lord jesus consisteth , and how from thence professors may be prevailed upon to keep close to the obedience of him in his kingdom , the apostle answers , v. 27. and this word , yet once more , signifies the removing of those things that are shaken , as of things that are made , that those things which cannot be shaken may remain . and thus am i stepped down upon the words of my text , finding them in the close of the arguments drawn from the power of christ , to perswade professors to constancy in the paths of the gospel ; and having passed through their coherence , and held out their ayme and tendance , their opening and application comes now to be considered : and herein these 3. things . 1. the apostles assertion , the things that are shaken shall be removed , as things that are made . 2. the proof of this assertion , this word , once more , signifieth , no lesse . 3. his inference from this assertion , thus proved : the things that cannot be shaken must remain . in the first i shall consider , 1. what are the things that are shaken . 2. what is their shaking . 3. what their removall being shaken . for the first , there is great variety of judgement amongst interpreters ; the fore-going verse tells us it is not onely the earth , but the heaven also ; but now what heaven and earth this should be , is dubious , is not apparent . so many different apprehensions of the minde of god in these words , as have any likenesse of truth , i must needs recount and remove , that no prejudice may remain from other conceptions , against that which from them we shall assert . the earth ( say some ) is the men of the earth , living thereon : and the heavens are the angels , their blessed inhabitants : both shaken , or stricken with amazement upon the nativity of christ , and preaching of the gospel . the heavens were shaken , when so great things were accomplished , as that the angels themselves desired to look intt hem . 1 pet. 1. 12. and the earth was filled with amazement when the holy ghost being powred out upon the apostles for the preaching of the gospel , men of every nation under heaven were amazed , and marvelled at it . act. 2. 5 , 6 , 7. thus ro●locus , piscator , and sundry other famous divines : but , 1. the shaking here intimated by the apostle , was then when he wrote under the promise , not actually accomplished as were the things by them recounted : for the holds it forth as an issue of that great power of christ which he would one day exercise for the further establishment of his kingdom . 2. this , that now is to be done , must excell that which formerly was done at the giving of the law , as is clearly intimated in the inference , then he sho●k the earth , but now the heavens also , ( it is a gradation to an higher demonstration of the power of christ ) which that the things of this interpretation are , is not apparent . 3. it is marvellous these learned men observed not , that the heavens and earth shaken , v. 26. are the things to be removed , ver. 27. now how are angels and men removed by christ ? are they not rather gathered up into one spirituall body and communion ? hence , ver : 27. they interpret the shaken things to be judaic●ll ceremonies , which , v. 26. they had said to be men and angels . 2. others by heaven and earth understand the materiall parts of the worlds fabrick , commonly so called : and by their shaking , those portentous signes and prodigies , with earthquakes , which appeared in them , at the birth , and death of the lord jesus . a new star , preternaturall darknesse , shaking of the earth , opening of graves , renting of rocks , and the like , are to them this shaking of heaven and earth . so junius , and after him , most of ours . but this interpretation is obnoxious to the same exceptions with the former , and also others : for , 1. these things being past before , how can they be held out under a promise ? 2. how are these shaken things removed , which with their shaking they must certainly be , as in my text ? 3. this shaking of heaven and earth is ascribed to the power of christ as mediator , whereunto these signes and prodigies cannot rationally be assigned , but rather to the soveraignty of the father bea●ing witnesse to the nativity and death of his son : so that neither can this conception be fastned on the words . 3. the fabrick of heaven and earth is by others also intended , not in respect of the signes and prodigies formerly wrought in them ; but of that dissolution , or as they suppose alteration , which they shall receive at the last day : so paraeus grotius , many more . now though these avoid the rock of holding out as accomplished what is onely promised , yet this glosse also is a dresse disfiguring the minde of god in the text . for , 1. the things here said to be shaken , do stand in a plain opposition to the things that cannot be shaken , nor removed ; and therefore they are to be removed , that these may be brought in . now the things to be brought in are the things of the kingdom of the lord jesus : what opposition , i pray , do the materiall fabrick of heaven and earth stand in to the kingdom of the lord jesus ? doubtlesse none at all , being the proper seat of that kingdom . 2. there will on this ground , be no bringing in of the kingdom of the lord jesus , untill indeed that kingdom in the sense here insisted on is to cease , that is after the day of judgement , when the kingdom of grace shall have place no more . those are the most materiall and likely mistakes about the words ; i could easily give out , and pluck in again 3. or 4. other warping senses , but i hope few in these dayes of accomplishing will once stumble at them ; the true minde of the spirit , by the help of that spirit of truth comes next to be unfolded . and first what are the things that are shaken . 1. as the apostle here applyes a part of the prophesie of haggai , so that prophesie even in the next words gives light into the meaning of the apostle . look what heaven and earth the prophet speaks of , of those and no other speaks the apostle . the spirit of god in the scripture is his own best interpreter . see then the order of the words as they lye in the prophet . hagg. 2. 6 , 7. i will shake heaven and earth : i will shake all nations . god then shakes heaven and earth , when he shakes all nations : that is , he shakes the heaven and earth of the nations . i will shake heaven and earth , and i will shake all nations , is a pleonasme , for , i will shake the heaven and earth of all nations . these are the things shaken in my text . the heavens of the nations what are they ? even their politicall heights and glory , those forms of government which they have framed for themselves and their own interest : with the grandeur and lustre of their dominions . the nations earth is the multitudes of their people , their strength and power , whereby their heavens or politicall heights are supported . it is then neither the materiall heavens and earth , nor yet mosaicall ordinances , but the politicall heights and splendour , the popular multitudes and strength of the nations of the earth , that are thus to be shaken , as shall be proved . that the earth in propheticall descriptions or predictions of things , is frequently , yea almost alwayes taken for the people and multitudes of the earth , needs not much proving . one or two instances shall suffice . revel. 12. 16. the earth helped the woman against the stood of the dragon , which that it was the multitudes of earthly people , none doubts . that an earthquake or shaking of the earth , are popular commotions , is no lesse evident from revel. 11. 13. where by an earthquake great babylon receives a fatall blowe . and for the heavens , whether they be the politicall heights of the nations , or the grandeur of potentates , let the scripture be judge ; i mean when used in this sense of shaking , or establishment . isa. 51. 15 , 16. i am the lord thy god , who divided the sea , whose waves roared : the lord of hosts is his name . and i have put my words in thy mouth , and have covered thee in the shadow of mine hand , that i may plant the heavens , and lay the foundations of the earth , and say unto sion , thou art my people . by a repetition of what he hath done , he establisheth his people in expectation of what , 1. he will do . and first he minds them of that wonderfull deliverance from an army behind them , and an ocean before them , by his miraculous preparing dry paths for them in the deep . i am the lord who divided the sea , whose waves roared . 2. of his gracious acquainting them with his minde , his law and ordinances at horeb , i have put ( saith he ) my words in thy mouth . 3. of that favourable and singular protection afforded them in the wildernesse ; when they were encompassed with enemies round about : i covered thee in the shadow of mine hand . now to what end was all this , why , saith he , that i might plant the heavens , and : lay the foundation of the earth . what! of these materiall visible heavens and earth ? 2460 yeers before at least , were they planted and established : it is all but making of zion a people , which before was scattered in distinct families . and how is this done ? why the heavens are planted , or a glorious frame of government and politie is erected amongst them , and the multitudes of their people are disposed into an orderly commonwealth , to be a firm foundation and bottome , for the government amongst them . this is the heavens and earth of the nations which is to be shaken , in my text . isa. 34. 4. all the host of heavens shall be dissolved , and the heavens shall be rolled together as a scrole , and all their host shall fall down as the leaf falleth from the vine . now these dissolved , rolled heavens , are no other , but the power and heights of the opposing nations , their government and tyranny , especially that of idumea , as both the fore-going and following verses do declare . the indignation of the lord ( saith he ) is upon the nations , and his fury upon their armies , he hath delivered them to the slaughter , their slain , &c. jerem. 4. 23 , 24 , 25. i beheld the earth , and lo , it was without form and void : and the heavens , and they had no light . i beheld the mountains , and lo , they trembled , and all the hils moved lightly . here 's heaven and earth shaken ; and all in the rasing of the politicall state and common-wealth of the jews by the babylonians , as is at large described in the verses following . ezek. 32. 7. i will cover the heaven , and make the stars thereof dark : i will cover the sun with a cloud , and the moon shall not give her light . and all the bright lights of heaven will i make dark over thee , and set darknesse upon thy land , saith the lord god : behold heaven and earth , sun , moon and stars , all shaken and confounded , in the destruction of egypt , the thing the prophet treats of , their kingdome and nation being to be ruined . not to hold you too long , upon what is so plain and evident , you may take it for a rule , that in the denuntiations of the judgements of god , through all the prophets , heavens , sun , moon , stars , and the like appearing beauties and glories of the aspectable heavens , are taken for governments , governors , dominions in politicall states , as isa. 14. 12 , 13 , 14 , 15. jer. 15. 9. chap. 51. 25. furthermore , to confirm this exposition , st. john in the revelation holds constantly to the same manner of expression . heaven and earth in the book are commonly those which we have described . in particular , this is eminently apparent , chap. 6. 12 , 13 , 14 , 15 , ver : and i beheld , and when he had opened the sixth seal , there was a great earthquake , and the sun became black as sackcloth of hair , and the moon became as blood . and the stars of heaven fell unto the earth : and the heaven departed as a scrowl when it is rolled together , and every mountain and island were moved out of their places , &c. the destruction and wasting of the pagan romish state , the plagues and commotions of her people , the dethroning her idoll-worship , and destruction of persecuting emperors , and captains , with the transition of power and soveraignty from one sort to another , is here held out under this grandour of words , being part of the shaking of heaven and earth in my text . adde lastly hereunto , that the promises of the restauration of god's people into a glorious condition after all their sufferings , is perpetually in the scripture held out under the same terms ; and you have a plentifull demonstration of this point . isa. 65. 17. behold , i create new heavens , and a new earth : and the former shall not be remembred , nor come into my minde . v. 18. be you glad and rejoyce for ever in that which i create , &c. 2 pet. 3. 13. neverthelesse we according to his promise , look for new heavens and a new earth , wherein dwelleth righteousnesse . revel. 21. 1. i saw a new heaven and a new earth , for the first heaven and the first earth were passed away , and there was no more sea . the heaven and earth is restored , but the sea that shall be no more . those gatherings together of many waters , rivers from all places , or pretended clergie men from all nations , into generall counsels , which were the sea or many waters on which the whore sate , shall have no place at all , in the churches restored condition . i hope it is now fully cleared , what is meant by the things that are shaken : even the politicall heights , the splendor and strength of the nations of the earth , the foundation of the whole is laid , and our heap ( or building if your favour so accept it ) will go on apace ; for to the analogie hereof , shal the residue of the words be interpreted . the second thing considerable is , what is the shaking of these things ? to this the answer is now made brief and facile . such as are the things shaken , such must their shaking be . spirituall , if spirituall ; naturall , if naturall ; civill , if civill . now they being declared and proved to be civill things , such also is their shaking . now what is a civill shaking of civill constitutions ? how are such things done in the world ? what are these earthquakes ? truly the accomplishment hereof is in all nations so under our eyes , as that i need not speak one word thereunto . neither shall i insist upon the 3d inquiry , viz : when this shaking shall be ? the text is plain , that is must be previous to the bringing in of those things that cannot be moved : that is the prosperous estate of the kingdom of christ . only we may observe , that besides other shakings in particular nations of lesse generall concernment and importance ; this prophesie hath and shall receive a twofold eminent accomplishment , with reference unto a twofold eminent opposition , which the kingdom of christ hath met withall in the world . first from the pagan romane state , which at the gospel's first entrance held in subjection most of the chief provinces of the then known world . what were the bloody endeavours of the heaven and earth of that state for the suppression thereof is known to our children : the issue of the whole in the accomplishment of this promise , shaking those heavens and earth to pieces , i before pointed at from revel. 6. 12 , 13 , 14 , 15. beginning in the plagues of the persecuting emperors , and ending in the ruine of the empire it self . but , 2. the unmoveable things were not yet in their glory to be brought in . more seed of blood must be sown , that the end of the gospels yeer may yeeld a plentifull harvest . that shaking was onely for vengeance upon an old cursed , and not for the bringing in of a new blessed state . the vials of gods wrath having crumbled the heavens and earth of pagan rome into severall pieces , and that empire being removed as to its old form , by the craft of satan it became moulded up again into a papall soveraignty , to exercise all the power of the first beast , in persecution of the saints . revel. 13. 12. this second pressure though long and sore must have an end ; the new moulded heaven and earth of papall antichristian rome , running by a mysterious threed , through all the nations of the west , must be shaken also : which when it is accomplished there shall be no more sea . there is not another beast to arise , nor another state to be formed ; let indeavours be what they will , the lord jesus shall reign . and this for opening of the first generall head . secondly , what is the removall of heaven and earth being shaken : the word here translated removall , is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} whence that is come to passe , i dare not positively say . this doubtlesse is a common fault amongst translators , that they will accommodate the words of a text , to their own apprehension of the sense and matter thereof . understanding , as i suppose , that the things here said to be shaken , were the jewish ordinances , they translated their disposition , a removall ; as the truth is they were removed . but the word signifies no such thing . as it 's naturall importance from it's rise and composition is otherwise , so neither in the scripture or any profane author , doth it ever signifie properly a removall . translation , or changing , is the onely native , genuine import of it : and why it should in this place be haled out of it's own sphere , and tortured into a new signification , i know not . removall is of the matter , translation of the form onely . it is not then a destruction , and totall amotion , of the great things of the nations , but a change , translation and new moulding of them , that is here intimated . they shall be shuffled together almost into their primitive confusion , and come out new moulded for the interest of the lord jesus . all the present states of the world , are cemented together by antichristian lime , as i shall shew afterwards : unlesse they be so shaken as to have every cranny searched and brushed , they will be no quiet habitation for the lord christ , and his people . this then is the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} of the heaven and earth of the nations . now this is evident , from that full prediction which you have of the accomplishment hereof , revel. 17. 12 , 13 , and 16. ver : 12. the kingdoms of the west receive power at one houre with the beast . ver. 13. in their constitution and government at first received , they give their power to the beast , and fight against the lambe . ver : 14. the lambe with his faithfull and chosen ones , overcomes them . there , their heaven and earth is shaken . ver. 16. their power is translated , new moulded , and becomes a power against the beast , in the hand of jesus christ . this then is the shaking and removall , in my text : which is said to be , as of things that are made : that is , by men , through the concurrence of divine providence for a season ( which making you have , revel. 17. 12 : and 17. ) not like the kingdom of christ , which being of a purely divine constitution , shall by no humane power receive an end . the other parts of the text follow briefly . the next thing is the apostles proof of this assertion . and he tels you , this , once more , the beginning of the sentence he urged from the prophet signifies no lesse . the words in the prophet are , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} yet once , it is a little , meghat hi it is a little , is left out by the apostle , as not conducing to the businesse in hand . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ( as he rendreth hodachath ) are a sufficient demonstration of the assertion . in themselves they hold out a commutation of things , and as they stand in conjunction in that place of the prophet , declaring that that shaking and commutation must be for the bringing in of the kingdom of the lord christ . in brief , being interpreted , by the same spirit whereby they were indited , we know the exposition is true . the last head remaineth under two particulars . 1. what are the things that cannot be shaken . 2. what is their remaining . for the first , the things that cannot be shaken , v. 24. are called a kingdom that cannot be removed , v. 28. a kingdom subject to none of those shakings and alterations , which other dominions have been tossed to and fro with all . daniel cals it , a not giving of the kingdom to another people . dan. 2. 44. not that oecumenicall kingdom which he hath with his father , as king of nations , but that oeconomicall kingdom which he hath by dispensation from his father , as king of saints . now this may be considered two wayes : 1. as purely internall and spirituall , which is the rule of his spirit in the hearts of all his saints ; this cometh not with observation , it is within us . luk. 17. 20 , 21. consisting in righteousnesse , peace , and joy in the holy ghost . rom. 14. 17. 2. as externall , and appearing in gospel administrations ; so is christ described as a king in the midst of their kingdom , revel. 1. 14 , 15 , 16 , 17. as also chap. 4. as also chap. 11. 15. and both these may be again considered 2. wayes . 1. in respect of their essence and being , and so they have been , are , and shall be continued in all ages : he hath built his church upon a rock , and the gates of hell shall not prevail against it . matth. 16. 18. 2. in reference to their extent in respect of subjects , with their visible glorious appearance , which is under innumerable promises to be very great in the latter dayes . for it shall come to passe in the last dayes , that the mountain of the lords house shall be established in the top of the mountains , and shall be exalted above the hils , and all nations shall flow unto it . isa. 2. 4. these then are the things which cannot be shaken , which we may reduce to 3. heads . 1. the growth of righteousnesse , peace and joy in the saints , being filled with light and love from the speciall presence of christ , with a wonderfull increase of the number of them , multitudes of the elect being to be born in those dayes : the residue of the jews and fulnes of the gentiles meeting in one fold , and there dwelleth righteousnes : 2 pet. 3. 13. 2. the administration of gospel ordinances , in power and puritie , according to the appointment , and unto the acceptation of the lord jesus . the temple of god and the altar being measured anew , the outward court defiled with gentile-worship is left out , revel. 11. 1 , 2. 3. the glorious and visible manifestation of those administration , in the eyes of all the world in peace and quietnesse , none making afraid , or hurting in the whole mountain of the lord . isa. 65. 25. for the personall reign of the lord jesus on earth , i leave it to them , with whose discoveries i am not , and curiosities i would not be acquainted . but as for such , who from hence do , ( or for sinister ends pretend to ) fancy to themselves a terrene kingly state , unto each private particular saint , so making it a bottome vivendi ut velis , for every one to do that which is good in his own eyes , to the disturbance of all order and authority , civill and spirituall , as they expresly clash against innumerable promises , so they directly introduce such confusion and disorder , as the soul of the lord jesus doth exceedingly abhor . it is onely the three things named , with their necessarie dependencies that i do assert . and lastly , of these it is said they must remain , that is , continue , and be firmly established , as the word is often used : rom. 9. 11. the words of the text , being unfolded , and the minde of the holy ghost in them discovered , i shall from them commend to your christian consideration this following position . the lord jesus christ by his mighty power , in these latter daies , as antichristian tyranny draws to it's period , will so farre shake and translate the politicall heights , governments , and strength of the nations , as shall serve for the full bringing in of his own peaceable kingdom ; the nations so shaken , becoming thereby a quiet habitation for the people of the most high . though the doctrine be clear from the text , yet it shall receive further scripturall confirmation , being of great weight and concernment . dan. 2. 44. and in the dayes of these kings shall the god of heaven set up a kingdom , which shall never be destroyed : and the kingdom shall not be left to other people , but it shall break in pieces , and consume all these kingdoms , and it shall stand for ever . that this is affirmed of the kingdom of christ under the gospel , none ever doubted . three things are here remarkably intimated of it : 1. the time wherein it shall most eminently be established : and that is in the dayes of these kings , of which daniel was speaking . 2. the efficacy of it being set up , it shall break in pieces all these kingdoms . 3. it s own stability , it shall never be destroyed . for the first , there is great debate , about the principall season of the accomplishing of this prediction : much hesitation who those kings are in whose dayes the kingdom of christ is eminently to be established . in the dayes when the two legs of the romane empire shall be divided into ten kingdoms , and those kingdoms have opposed themselves to the power of christ , that is in the dayes wherein we live , say some . yea most of the ancients took this for the romane empire : and to these the bringing in of the kingdom of christ , is the establishment of it in these dayes : others understand the syrian and aegyptian branches of the grecian monarchy , and the bringing in of christs kingdom , to be in his birth , death , and preaching of the gospel , wherein certainly the foundations of it were layed : i will not contend with any mortall hereabouts . onely i shall oppose one or two things to this latter interpretation : as , 1. the kingdom of syria was totally destroyed and reduced into a romane province 60. yeers before the nativity of christ : and the aegyptian 30. so that it is impossible that the kingdom of christ by his birth should be set up in their dayes . 2. it is ascribed to the efficacy of this kingdom that being established , it shall break in pieces all those kingdoms : which how it can be , when at the first setting of it up , they had neither place , nor name , nor scarce remembrance . so that it must needs be the declining divided romane empire , shared amongst sundry nations , that is here intimated : and so consequently the kingdom of christ to be established , is that glorious administration thereof , which in these dayes , their dayes , he will bring in . be it so , or otherwise , this from hence cannot be denyed , that the kingdom of christ , wil assuredly shake and transtate all opposing dominions , untill it self be established in and over them all , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which is all i intend to prove from this place . the ten-partite empire of the west , must give place to the stone cut out of the mountain without hands . dan. 7. 27. the kingdom , and dominion , and greatnesse of the kingdom under the whole heaven , shall be given to the people of the saints of the most high : whose kingdom is an everlasting kingdom , and all dominions shall serve and obey him . hitherto is the end of the matter . either antichrist is described in the close of this chapter , or one very like him , st. john painting him in the revelation with all this mans colours . plainly intimating , that though in the first place , that mad raging tyrant antiochus the illustrious was pointed at , yet that another was to rise in his likenesse , with his craft and cruelty , that with the assistance of the ten horns , should plague the saints of the christians , no lesse then the other had done those of the jews . now what shall be the issue thereof ? v. 26. his dominion with his adherents shall be taken away , and consumed : and then shall it be given to the people of the most high , as before . or they shall enjoy the kingdom of christ in a peaceable manner ; their officers being made peace , and their exactors righteousnesse . it is clearly evident from these and other places in that prophesie , that he who is the onely potentate , will sooner or later shake all the monarchies of the earth , where he will have his name known , that all nations may be suited to the interest of his kingdom , which alone is to endure . isa. 60. in many places , indeed throughout holds out the same . v. 12. the nation and kingdom which will not serve thee , shall be broken to pieces : that is , all the nations of the earth , not a known nation , but the blood of the saints of christ is found in the skirts thereof . now what shall be the issue when they are so broken : v. 17 , 18. i will make thine officers peace , and thine exactors righteousnesse : violence shall no more be heard in thy land , wasting nor destruction within thy borders , but thou shalt call thy wals salvation , and thy gates praise . see at your leisure to this purpose : amos 9. 11 , 12 , 13 , 14 , 15. jerem. 31. 23 , 24 , 25. isa. 33. 21 , 22 , 23 , 24. i shall onely adde that punctuall description which you have of this whole matter as daniel cals it in the revelation , with respect unto it's accomplishment . chap. 17. the romane harlot , having procured the ten kings or kingdoms , into which the last head of the romane empire sprouted about the yeer 450. by the inundation of the northern nations to joyn with her , they together make war against the lambe : v. 12 , 13 , 14. 12. the ten horns which thou sawest ( upon the last head of the great beast the romane monarchy ) are ten kings , which have received no kingdoms as yet , ( to wit , when john saw the vision ) but receive power as kings one houre with the beast ( about 400. yeers after this , the pope ascending to his soveraignty , and these western nations growing into distinct dominions about the same time . ) 13. these have one minde ( that is as to the businesse in hand , for otherwise they did and do vex one another with perpetuall broyls and wars ) and shall give their power and strength to the beast ( or swear to defend the rights of holy church , which is no other then babylon , and act accordingly ) . 14. these make warre with the lambe , ( having sworn and undertaken the defence of holy church , or babylon , they persecuted the poore hereticks with fire and sword , that is the witnesses of the lambe , and in them the lambe himself , striving to keep his kingdom out of the world ) and the lambe shall overcome them , shaking and translating them into a new mould and frame ) for he is lord of lords , and king of kings , and they that are with him ( whose help and endeavours he will use ) are called , and chosen , and faithfull . 16. the ten horns which thou sawest upon the beast , ( being now shaken , changed and translated in minde , interest , and perhaps government ) these hate the whore , and shall make her desolate , ( are instrumentall in the hand of christ for the ruin of that antichristian state , which before they served ) and naked , and shall eat her flesh , and burn her with fire . hence chap. 18. 2. babylon , and that whole antichristian state , which was supported upon their power and greatnesse , having lost it's props , comes topling down to the ground ; babylon the great is fallen , is fallen : v. 2. and the saints take vengeance on the whore for all her former rage and crueltie . double unto her double according to her works . v. 6. v. 9. and the kings of the earth ( being some of them shaken out of their dominion for refusing to close with the lamb ) who have committed fornication , and lived deliciously with her ( learning & practising false worship of her institution ) shall bewail her , and lament for her , ( as having received succour from her , her monstaries and shavelings , in their distresse , whereunto indeed they were brought for her sake ) when they shall see the smoke of her burning , ( beholding her darknesse , stink and confusion , in her finall desolation . ) now all this shall be transacted with so much obscurity and darknesse , christ not openly appearing unto carnall eyes , that , though many shall be purified and made white , yet the wicked shall do wickedly , and none of the wicked shall understand , but the wise shall understand . dan. 12. 10. there shall be no such demonstration of the presence of christ , as to open the eyes of hardned men : but at length having suffered the poore deceived wretches to drink of the cup prepared for them , he appears himself gloriously , chap. 19. 13. in a more eminent manner then ever before , to the totall destruction of the residue of opposers . and that this will be the utmost close of that dispensation wherin now he walketh , i no way doubt . the assertion being cleared and proved , the reasons of it come next to be considered : and the first is , that it shall be done by the way of recompence and vengeance . it is the great day of the wrath of the lambe : revel. 6. 17. the land shall be soaked with blood , and the dust made fat with fatnesse . for it is the day of the lords vengeance , and the yeer of recompense for the controversie of zion . isa. 34. 7 , 8. the day of vengeance is in his heart , when the yeer of his redeemed is come . isa. 63. 4. the kings of the earth have given their power to antichrist , indeavouring to the utmost to keep the kingdom of christ out of the world . what , i pray , hath been their main businesse for 700. years and upward , even almost ever since the man of sin was enthroned ? how have they earned the titles , eldest son of the church , the catholick , and most christian king , defender of the faith , and the like ? hath it not been by the blood of saints ? is there not in every one of these kingdoms , the slain , and the banished ones of christ to answer for ? in particular ; hath not the blood of the saints of jesus , yeleped by antichrist and his adherents , wicklieffes and lollards , cried from the ground for vengeance upon the english heaven and earth for a long season ? did not their bodies lye in the streets of france , under the names of waldenses , albigenses , and poore men of lyons ? hath not germany , and the annexed territories , her husse , and hussile , hierome and subutraguians to answer for ? is not spaine's inquisition enough to ruine a world , much more a kingdom ? have not all these , and all the kingdoms round about washed their hands and garments in the blood of thousands of protestants ? and do not the kings of all these nations as yet stand up in the roome of their progenitors with the same implacable enmity to the power of the gospel ? shew me seven kings that ever yet laboured sincerely to enhance the kingdom of the lord jesus , and i dare boldly say , octavus quis fuerit nondum constat . and is there not a cry for all this , how long , lord , holy and true , doest thou not avenge our blood on them that live on the earth ? revel. 6. 10. doth not sion cry , the violence done to me and my flesh , be upon babylon , and my blood upon those heavens of the nations ? and will not the lord avenge his elect that cry unto him day and night , will he not do it speedily ? will he not call the fowls of heaven to eat the flesh of kings , and captains , and great men of the earth ? revel. 19. 18. will he not make these heavens like the wood of the vine , not a pin to be taken off them to hang a garment on , in his whole tabernacle ? the time shall come , wherein the earth shall disclose her slain , and not the simplest heretick as they were counted , shall have his blood unrevenged : neither shall any attonement be made for this blood , or expiation be allowed , whilest a toe of the image , or a bone of the beast is left unbroken . that by his own wisdom he may frame such a power , as may best conduce to the carrying on of his own kingdome among the sons of men . he hath promised his church , that he will give unto it , holy priests and levites , isa. 66. 20 , 21. which shall serve at the great feast of tabernacles , zech. 14. 16. a sufficient demonstration that he will dwell still in his churches by his ordinances , whatsoever some conceive ; so also , that he will make her civill officers peace , and her exactors righteousnesse : isa. 60. 17 , 18. they shall be so established , that the nations , as nations , may serve it ; and the kingdoms of the world , shal become the kingdoms of our lord . revel. 11. 15. for the present , the government of the nations , ( as many of them as are concerned therein ) is purely framed for the interest of antichrist . no kinde of government in europe , or line of governors so ancient , but that the beast is as old as they , and had a great influence into their constitution or establishment , to provide that it might be for his own interest . i beleeve it will be found a difficult task , to name any of the kingdoms of europe ( excepting onely that remotest northward ) in the setting up , and establishment whereof , either as to persons or government , the pope hath not expresly bargained for his own interest , and provided , that that should have the chiefest place in all the oaths and bonds that were between princes and people . bellarmine , to prove that the pope hath a temporall power indirectly over all kings and nations ( if he mean by indirectly , gotten by indirect means , it is actually true as too too many of them ) gives sundry instances in most of the most eminent nations in europe , how he hath actually exercised such a power for his own interest . there have been two most famous and remarkable changes of the government of these na●ions , and into both of them what an influence the pope had , is easily discernable . the first was between the yeers 4. and 500. after christ , when the romane empire of the west , that which withheld the man of sin from acting his part to the life , was shivered to pieces by many barbarous nations : who setling themselves in the fruitfull soiles of europe , began to plant their heavens , and lay the foundations of their earth , growing up into civill states : for the most part appointing them to be their kings in peace , who had been their leaders in war . this furious inundation setled the franches in gall : the saxons in england , the west goths in spaine , the east goths and longobards into italy , and set up the almans in germany , from some whereof , though for divers yeers the papall world was exceedingly tormented , and rome it self sacked , yet in the close and making up of their governments , changing their manners and religion , they all submitted to the usurpation of the man of sin ; so that in all their windings up there was a salve for him and his authority . the second great alteration took up a long space , and was in action about 300. years , reckoning it from the translation of the french crown , from childerick the 4th , unto pipin and his son charles , by papall authority , unto the conquest of england by the normanes , in which space the line of charles in france was again by the same authority and the power of hugh capet cut off : no state in europe the choise patrimony of the beast , that did not receive a signall alteration , in this space , nor was there any alteration , but that the pope had a hand in every one of them , and either by pretended collations of right , to pacifie the consciences of blood-thirsty potentates , in the undertaking and pursuing their unjust conquests , or foolish mitred confirmations of sword purchases , he got them all framed to his own end and purpose , which was to bring all these nations into subjection to his babylonish usurpations , which their kings finding no way inconsistent with their own designes did willingly promote , labouring to enforce all consciences into subjection to the romane see . hence it is , as i observed before , that such an interposition was made of the rights of holy church , that is babylon the mother of fornications , in all the tyes , oaths , and bonds between princes and people . and for the advancement of the righteous judgements of god , that the sons of men may learn to fear and tremble before him , it may be observed , that that which doth , and shall stick upon potentates to their ruine , is not so much their own or any other interest , as the very dregs of this papall antichristian interest , thrust into their oaths and obligations , for no end in the world , but to keep the lord jesus out of his throne . this is a 2d . reasons , why the lord jesus by his mighty power at the bringing in of his unmovable kingdom , will shake the heavens and the earth of the nations ; even because in their present constitution they are directly framed to the interest of antichrist , which by notable advantages at their first moulding , and continued insinuations ever since , hath so rivetted it self into the very fundamentals of them , that no digging or mining , with an earthquake , will cast up the foundation stones thereof . the lord jesus then , having promised the service of the nations to his church , will so far open their whole frame to the roots , as to pluck out all the cursed seeds of the mystery of iniquity , which by the craft of satan , and exigencies of state , or methods of advancing the pride and power of some sons of blood , have been sown amongst them . because as is their interest , so is their acting . the present power of the nations stands in direct opposition to the bringing in of the kingdom of christ . two things there are which confessedly are incumbent on him in this day of his advancement . 1. the bringing home of his ancient people , to be one fold with the fulnesse of the gentiles ; raising up the tabernacle of david , and building it as in dayes of old : in the accomplishment of innumerable promises , and answer to millions of prayers , put up at the throne of grace , for this very glory in all generations . now there be two main hinderances of this work that must be removed : the first wherof is , 1. reall , the great river euphrates , the strength and fulnesse of whose streames doth yet rage so high , that there is no passage for the kings of the east to come over ; wherfore this must be dryed up as other waters were for their forefathers in dayes of old . revel. 16. 12. doubtlesse this is spoken in allusion to abraham's coming over that river into canaan when the church of god in his family was there to be erected ; whence he was called the hebrew , that is , the passenger , to wit , over that river , gen. 14. 13. and then it may well enough denote the turkish power , which proud as it is at this day , possessing in peace all those regions of the east , yet god can quickly make it wither , and be dried up : or to the deliverance of the jews from babylon , when it was taken and destroyed by the drying up of the streams of that river , and so the yoke of her tyranny broken from the churches neck , and so it can be no other but the power of the romish babylon supported by the kings of the nations , which must therefore be shaken and dryed up . 2. morall : or the idolatry of the gentile worshippers . the jews stick hard as yet at this , that god should abolish any kinde of worship , which himself had once instituted : but that he should ever accept any false worship , which he had once strictly prohibited , and no where to this day appointed , to this they will never be reconciled . now such is all the invented idolatrous worship which the kings of the earth have sucked in from the cup of fornication held out unto them in the hand , and by the authority of the romane whore ; this still they cleave close unto , and will not hearken to the angels preaching the everlasting gospel , that men should worship him , who made the heavens , and the earth , and the sea , and the fountains of waters . revel. 13. 6 , 7. that is , the god of heaven in jesus christ , in opposition to all their ieonolatry , artolatry , hagiolatry , staurolatry , and masse abominations . this then must also be removed ; and because as you saw before it is so rivetted and cemented into , and with all the orbes of the nations , heaven and earth , that they must be shaken , and brought {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , before it can be effected . 2. the second thing he hath to accomplish , is the tremendous totall destruction of babylon , the man of sin , and all his adherents that are not obedient to the heavenly call : revel. 18. 4. now as sampson , intending the destruction of the princes , lords , and residue of the philistines , who were gathered together in their idoll temple , he effected it by pulling away the pillars whereby the building was supported ; whereupon the whole frame topled to the ground : so the lord intending the ruine of that mighty power , whose top seems to reach to heaven , will do it by pulling away the pillars and supporters of it , after which it cannot stand one moment . now what are the pillars of that fatall building ? are they not the powers of the world as presently stated and framed ? pull them away , and , alas , what is antichrist ? it is the glory of the kings put upon her , that makes mens eyes so dazle on the romane harlot . otherwise she is but like the egyptian deities , whose silly worshippers through many glorious portles and frontispeices , were led to adore the image of an ugly ape . adde hereunto , that in this mighty work , the lord jesus christ , will make use of the powers of the nations , the horns of them , that is their strength , rev. 17. 16. they must hate the whore , and make her desolate , and naked ; and eat her flesh , and burn her with fire : now whether this can be accomplished or no , in their present posture is easily discernable . doth not the papall interest lye at the bottome of all or the most ruling lines of christendome ? can that be ejected without unbottoming their own dominion ? do they not use the efficacy of the romane jurisdiction to ballance the powers of their adversaries abroad , and to awe their subjects at home ? hath he not a consider able strength in every one of their own bosomes ? are not the locuists of their religious orders , all sworn slaves to the pope , for number sufficient to make an army to fight the greatest emperour in the world ? are not most potentates tyed by oath , or other compact , to maintain either the whole , or some part of the old tower , under the name of rights of holy church , prelates , and the like ? and can any expect that such as these , should take up the despised quarrell of the saints , against that flourishing queen ? doubtlesse no such fruit will grow on these trees before they are throughly shaken . 4. that his own people seeing all earthly things shaken , and removing , may be raised up to the laying hold of that durable kingdom that shall not be removed . all carnall interests will doubtlesse be shaken with that of babylon . many of gods people are not yet weaned from the things that are seen : no sooner is one carnall form shaken out , but they are ready to cleave to another : yea to warm themselves in the feathered nests of unclean birds . all fleshly dominion within doores , and all civill dominion that opposeth without doores , shall be shaken . now these things are so glewed also to mens earthly possessions , the talons of the birds of prey , having firmly seized on them , that they also must be shaken with them . and therefore from them also will he have us to be loosed : 2 pet. 3. v : 12 , 13. and these are some of the reasons of the position layed down , which is so bottomed , so proved , as you have heard : of the speedy accomplishment of all this i no way doubt . i beleeve , and therefore i have spoken . whether i shall see any further perfection of this work whilest i am here belowe , i am no way solicitous : being assured that if i fail of it here , i shall through the grace of him who loved us , and gave himself for us , meet with the treasures of it otherwhere . come we to the uses . the rise of our first vse i shall take from that of the prophet : who is wise , and he shall understand these things ? prudent , and he shall know them ? for the wayes of the lord are right , and the just shall walk in them : but the transgressors shall fall therein . hos. 14. 9. labour for this heavenly wisdom and prudence , that we may know these things , and be acquainted with the minde and will of god , in the season and generation wherein we live . his way is not so in the dark , nor his footsteps in the deep , but that we may perceive what he is about . luk. 12. 54 , 55 , 56. our saviour gives it in as a sure testimony of the pharisees hypocrisie , notwithstanding all their pretences , and possession of moses chair , that they were wise in earthly things , and had drawn out experiences by long observation , of what was like to come to passe as to the weather , by considering the ordinary signes of the alterations thereof ; but notwithstanding that mighty effectuall concurrence of signes in heaven and earth , with the accomplishment of prophesies , all pointing to the instant establishment of the kingdom of god in the coming of the messiah , not discerning them at all , they come and cry , if thou be the christ , give us a signe ; when without satisfying their sinfull curiosity , heaven and earth was full of signes round about them . men who wil not receive god's signes , suppose they should be wonderfull proficients in credulity , might they have signes of their own fancying . the rich glutton thought , that if his way of teaching might have been set up , by men rising from the dead , there would have been a world of converts , more then were made by preaching the word of god . men suppose , that if god should now from heaven give in some discriminating prodigie , oh how abundantly should they be satisfied : the truth is , the same lust and corruption which makes them dis-beleeve gods signes , moves them to look after signes of their own . for this very thing then , were the pharisees branded as hypocrites , that having wisdom in naturall things ; to calculate and prognosticate from necessary signes , yet in the works of the lord , though the signes which in his wisdom he was pleased to give , were plentifull round about them , yet they must have some of their own choosing . i pray god none such be found in our dayes . 1 chron. 12. 32. it is said of the men of issachar , that they had understanding of the times to know what israel ought to do . israel is in the dark , and knows not what to do , if the times and seasons be not discovered to them . if the minde and will of the lord in their generation , be not made out unto a people , it will be their ruine . hence it is , that the lord incourageth us to make inquiry after these things , to finde out the seasons wherein he will do any great work for his people , knowing that without this , we shall be altogether uselesse in the generation wherein we live . isa. 45. 11. ask of me of things to come concerning my sons , and concerning the works of my hands command you me . and what is this , that the lord will have his people to inquire of him about ? even the great work of the ruine of babylon , and restauration of his church , which yet was not to be accomplished for 240. yeers . and this he tells you plainly in the following verses . i have raised him up ( cyrus ) inrighteousnesse , i will direct his wayes , he shall build my cities , and he shall let go my captives , not for price , nor for reward , saith the lord of hosts . v. 13. the lord is earnest with his people to inquire into the season of the accomplishment of his great intendments for the good of his church , when as yet they are afar off , how much more when they are nigh at hand , even at the doors . who so is wise , and will ponder these things , they shall understand the loving kindnesse of the lord . psal. 107. ult. dan. 9. 2. the prophet tels you , that this was his great study , and at length he understood by books , the approach of the time , wherein god would deliver his church from babylonish captivity and pollution : now this discovery hath two or three notable products . 1. it puts him upon earnest supplications for the accomplishment of their promised deliverance in the appointed season . wide from that atheisticall frame of spirit , which would have a predetermination of events and successes , to eradicate all care and endeavour to serve that providence , which will produce their accomplishment . a discovery of the approach of any promised , and before fixed work of god , should settle our minds to the utmost endeavour of helping the decree bring forth . 2. he finds great acceptation in this his addresse to the lord by supplications , for the establishing of that work which he had discovered was nigh at hand : for , 1. an answer is returned him fully to his whole desire in the midst of his supplications : v. 21. whilest i was praying , the man gabriel came , &c. 2. the work which he had discovered to be approaching , was instantly hastned and gone in hand withall : v. 23. at the beginning of thy supplications the commandment came forth . oh that god would stir up his saints , in the spirit of daniel , to consider and understand by books , the time that he hath appointed for the deliverance of his people , that fixing their supplications for the speeding thereof , the commandment may come forth for it 's full accomplishment . 3. having attained this , the lord gives him fresh discoveries , new light of the time for the birth of the messiah , which he thought not of , prayed not for : seventy weeks are determined , &c. 24. so delighted is the lord with his people's diligent inquiry into his wayes , and walkings towards them , that thereupon he appears unto them , in the revelation of his mind , beyond all that they did expect or desire . now all this have i spoken to stir you up unto that , wherunto at the entrance of this use , you were exhorted : that you would labour for that spirituall wisdom & prudence , which may acquaint your hearts , at least in some measure , with the minde and will of god , concerning his work in the generation wherein you live . and further to provoke you hereunto , know that you cannot but wander , as in many other , so especially in foure sinfull things : 1. sinfull cares . 2. sinfull fears . 3. sinfull follies . 4. sinfull negligence . 1. sinfull cares . anxious and dubious thoughts about such things , as perhaps the lord intends utterly to destroy , or at least render uselesse . had it not been the greatest folly in the world , for noah and his sons , when the flood was approaching to sweep away the creatures from the face of the earth , to have been solicitous about flocks and herds , that were speedily to be destroyed . many mens thoughts , at this day , do even devour them , about such things , as if they knew the season , would be contemptible unto them . wouldest thou labour for honour , if thou knewest that god at this time , were labouring to lay all the honour of the earth in the dust ? couldest thou set thy heart upon the increase of riches , wert thou acquainted , that god intends instantly to make silver as stones , and cedars as sycamores , though not for plenty , yet for value . would men be so exceedingly solicitous about this or that form of religion , this or that power to suppresse such , or such a perswasion , if they knew that the lord would suddenly ▪ fill the earth with his knowledge as the waters cover the sea ? should our spirits sink for fear of this or that persecutor or oppressor , were it discovered unto us that in a short time nothing shall hurt or destroy in the whole mountain of the lord ? should we tremble at the force and power of this or that growing monarchy , giving it's power to the beast , had god revealed unto us , that he is going to shake it untill it be translated ? certain it is , that the root of all the sinfull cares which sometimes are ready to devour the hearts of god's people , is this unacquaintednesse with the work and minde of the lord . 2. sinfull fears ; luk. 21. 28. our saviour having told his disciples of wars , tumults , seditions , famines , earthquakes , &c. which were to come upon the earth , bids them when they see these things , to lift up their heads for joy . but how should this be ? rejoyce in the midst of so many evils and troubles , in the most whereof they were to have a benjamins messe , a double portion ? yea , saith our saviour , rejoyce , for i have told you before , that then it is that your deliverance and redemption draweth nigh . it is for them to shake and tremble , who are in the dark , who know not what the lord is a doing . they may be at their wits end , who know no other end of these things : but for you , who know the mind of the lord , what he intendeth and will effect by these things , cast off all sinfull fears , and rejoyce in him who cometh . amongst us in these dayes , new troubles arise , wars , and rumors of wars , appearances of famine , invasions , conspiracies , revolts , treacheries , sword , blood , oh how do mens faces wax pale , and their hearts dye within them ? sometimes with david they could fly to the philistines , and wind up their interest with them , whom god will destroy : every new appearance of danger , shuffles them off from all their comforts , all their confidence . hence poore souls are put upon doubling and shifting in the wayes of god , in such a frame as god exceedingly abhors . they know not why any mercy is given , nor to what end , and therefore are afraid to own it , lest some sudden alteration should follow , and make it too hot for them to hold it : and all this because they know not the minde of the lord , nor the judgement of their god ; were they but acquainted with it , so far as it is evidently revealed , they would quickly see all things working together to the appointed end . 3. sinfull follies . toil and labour in vain , is of all follies the greatest folly , like the jews under julian , building of their temple in the day , god casting it to the ground in the night . when a man labours , toils , wearies and spends himself , for the accomplishing of that , which shall never come to passe , and that , which if he would but enquire , he might know shall never come to passe , he cannot well want the livery of a bruitish man . how many poore creatures , that think themselves wiser then charchan , and dedan , and all the children of the east , do spend and consume their dayes and time , in such wayes as this , labouring night and day to set up , what god will pull down , and what he hath said shall fall . come on , let us deal wisely , saith pharaoh to his egyptians , exod. 1. 10. to root out and destroy these israelites : poore fool ! is there any wisdome or counsell against the most high ? i could give instances plenty in these daies , of men labouring in the dark , not knowing what they are a doing , indeavouring with all their strength to accomplish that , whereof the lord hath said , it shall not prosper : and all because they discern not the season . 4. sinfull negligence . you are no way able to do the work of god in your generation . it is the commendation of many saints of god , that they were upright , and served the will of god in their generation . besides the generall duties of the covenant , incumbent on all the saints at all seasons , there are speciall works of providence , which in sundry generations the lord effecteth , concerning which , he expects his people should know his minde , and serve him in them . now can a servant do his masters work , if he know not his will ? the lord requireth that in the great things which he hath to accomplish in this generation , all his should close with him . what is the reason that some stand in the market place idle all the day ? some work for a season , and then give over , they know not how to go a step farther , but after a day , a week , a month , or yeer , are at a stand ? worse then all this , some counterwork the lord with all their strength ? the most neglect the duty which of them is required : what is the reason of all this ? they know in no measure what the lord is doing , and what he would have them apply themselves unto . the best almost , live from hand to mouth , following present appearances , to the great neglect of the work which the lord would have hastned amongst us : all this comes from the same root . but now , if all these sad and sinfull consequences attend this nescience of the minde of god , as to the things which he is a doing , in the dayes wherein we live , so far as he hath revealed himself , and requires us to observe his walkings , by what wayes and means may we come to the knowledge thereof , that we be not sinfully bewildred in our own cares , fears , and follies , but that we may follow hard after god , and be upright in our generation ? there be foure things whereby we may come to have an insight into the work which the lord will do , and accomplish in our dayes : 1. by , the light which he gives . 2. the previous works which he doth . 3. the expectation of his saints . 4. the fear of his adversaries . 1. by the light which he gives . god doth not use to set his people to work in the dark ; they are the children of light , and they are no deeds of darknesse which they have to do . how ever others are blinded , they shall see . yea he alwayes suits their light , to their labour , and gives them a clear discerning of what he is about . the lord god doth nothing , but he reveals his secrets to his servants . the light of every age , is the forerunner of the work of every age . when christ was to come in the flesh , john baptist comes a little before . a new light , a new preacher . and what doth he discover and reveal ? why he calls them off from resting on legall ceremonies , to the doctrine of faith , repentance , and gospel ordinances : tels them the kingdom of god is at hand ; instructs them in the knowledge of him who was coming : to what end was all this ? onely that the minds of men being enlightned by his preaching , who was a burning and a shining lamp , they might see what the lord was doing . every age hath it's peculiar work , hath it's peculiar light . now what is the light which god manifestly gives in , in our dayes ? surely not new doctrines , ( as some pretend ) indeed old errors , and long since exploded fancies . plainly the peculiar light of this generation , is that discovery which the lord hath made to his people , of the mystery of civill and ecclesiasticall tyranny . the opening , unravelling , and revealing the antichristian interest , interwoven , and coupled together in civill , and spirituall things , into a state opposite to the kingdom of the lord jesus , is the great discovery of these dayes . who almost is there amongst us now , who doth not evidently see , that for many generations , the western nations have been juggled into spirituall and civill slavery , by the legerdemain of the whore , and the potentates of the earth , made drunk with the cup of her abominations ? how the whole earth hath been rolled in confusion , and the saints hurried out of the world , to give way to their combined interest ? hath not god unvailed that harlot , made her naked , and discovered her abominable filthinesse ? is it not evident to him that hath but half an eye , that the whole present constitution of the governments of the nations , is so cemented with antichristian morter from the very top to the bottom , that without a through shaking they cannot be cleansed ? this then plainly discovers , that the work which the lord is a doing , relates to the untwining of this close combination against himself , and the kingdom of his dear son , and he will not leave untill he have done it . to what degree in the severall nations this shaking shall proceed , i have nothing to determine in particular , the scripture having not expressed it . this onely is certain , it shall not stop , nor receive it's period , before the interest of antichristianity be wholly separated from the power of those nations . 2. by the previous works he doth . how many of these doth our saviour give , as signes of the destruction of jerusalem , and so consequently of propagating the gospel more and more to the nations : matth. 24. luk. 21. how fearfull and dreadfull they were in their accomplishment , josephus the jewish historian relateth : and how by them the christians were fore-warned , and did by them understand what the lord was a doing , eusebius and others declare . when ( saith he ) you shall see the abdomination of desolation ( the romane eagles and ensignes ) standing in the holy place , matth. 24. 15. or , jerusalem compassed with armies , as luk. 21. 20. then know by that , that the end thereof is come , and your deliverance at hand . the works of god are to be sought out of them that have pleasure in them . they are vocall speaking works : the minde of god is in them . they may be heard , read , and understood ; the rod may be heard , and who hath appointed it . now generally he begins with lesser works to point out to the sons of men , what he is about to accomplish . by these may his will be known , that he may be met in righteousnesse . now what , i pray , are the works that the lord is bringing forth upon the earth ? what is he doing in our own and the neighbour nations ? shew me the potentate upon the earth , that hath a peaceable molehil , to build himself an habitation upon ? are not all the controversies , or the most of them , that at this day are disputed in letters of blood , among the nations , somewhat of a distinct constitution from those formerly under debate ? those tending meerly to the power and glendour of single persons , these to the interest of the many . is not the hand of the lord in all this ? are not the shakings of these heavens of the nations from him ? is not the voice of christ , in the midst of all this tumult ? and is not the genuine tendance of these things , open the visible unto all ? what speedy issue all this will be driven to , i know not : so much is to be done as requires a long space . though a tower may be pulled down faster then it was set up , yet that which hath been building a thousand yeers , is not like to go down in a thousand dayes . 3. the expectation of the saints , is another thing , from whence a discovery of the will of god , and the work of our generation , may be concluded . the secret wayes of god's communicating his minde unto his saints , by a fresh savour of accomplishing prophesies , and strong workings of the spirit of supplications , i cannot now insist upon . this i know , they shall not be led into temptation , but kept from the houre thereof , when it comes upon the whole earth . when god raiseth up the expectation of his people to any thing , he is not unto them as waters that fail . nay he will assuredly fulfill the desires of the poore . just about the time , that our saviour christ was to be born of a woman , how were all that waited for salvation in israel raised up to an high expectation of the kingdom of god ; such as that people never had before , and assuredly shall never have again ▪ yea famous was the waiting of that season , through the whole romane empire . and the lord whom they sought , came to his temple . eminent was their hope , and excellent was the accomplishment . whether this will be made a rule to others or no , i know not : this i am assured , that being bottomed on promises , and built up with supplications , it is a ground for them to rest upon . and here i dare appeal to all , who with any diligence have enquired into the things of the kingdom of christ , that have any savour upon their spirits of the accomplishment of prophesies , and promises , in the latter dayes , who count themselves concerned in the glory of the gospel , whether this thing , of consuming the mystery of iniquity , and vindicating the churches of christ , into the liberties purchased for them by the lord jesus , by the shaking and translating all opposing heights and heavens , be not fully in their expectations . onely the time is in the hand of god ; and the rule of our actings with him , is his revealed will . 4. whether the fears of his adversaries , have not their lines meeting in the same point , themselves can best determine . the whole world was more or lesse dreaded at the coming of christ in the flesh . when also the signes of his vengeance did first appear to the pagan world , in calling to an account for the blood of his saints , the kings and captains presently cry out , the great day of his wrath is come , and who shall be able to stand ? revel. 6. 17. i am not of counsel to any of the adherents to the man of sin , or any of those who have given their power unto the beast , i have not a key to the bosomes of the enemies of christ ; i am neither their interpreter , nor do they allow me to speak in their behalf , yet truly upon very many probable grounds , i am fully perswaded , that were the thoughts of their hearts disclosed , notwithstanding all their glittering shews , dreadfull words , threatning expressions , you should see them tremble , and dread this very thing , that the whole world as now established will be wrapped up in darknesse , at least untill that cursed interest which is set up against the lord jesus , be fully and wholly shaken out from the heavens and earth of the nations . and thus without leading you about by chronologies and computations , which yet have their use , ( well to count a number being wisdom indeed ) i have a little discovered unto you some rules , wherby you may come to be acquainted with the work of god in the dayes wherein we live , and also , what that work is , which is our first vse : the next shall be for direction , to guide you what you ought to do , when you know what is the work of your generation . be exhorted to prepare to meet the lord , to make his way straight : and this i would presse distinctly . 1. as to your persons . 2. as to your employments . 1. as to your persons : give the lord jesus a throne in your hearts , or it will not be at all to your advantage , that he hath a throne and kingdom in the world . perhaps you will see the plenty of it , but not taste one morsell . take first that which comes not by observation , that which is within you , which is righteousnesse , and peace , and joy in the holy ghost . take it in it's power , and you will be the better enabled to observe it coming in it's glory . seek first this kingdom of god , and the righteousnesse thereof , and all these things shall be added unto you . oh that it were the will of god , to put an end to all that pretended holinesse , hypocriticall humiliation , self-interested religion , that have been among us , whereby we have flattered god with our lips , whilest our hearts have been farre from him . oh that it might be the glory of this assembly , above all the assemblies of the world , that every ruler in it , might be a sincere subject in the kingdom of the lord jesus . oh that it might suffice that we have had in our parliament , and among our ministers , so much of the form , and so little of the power of godlinesse : that we have called world christ , and lust christ , and self christ , working indeed for them , when we pretended all for christ . oh that i could nourish this one contention in your honourable assembly , that you might strive who should excell in setting up the lord jesus in their hearts . you may be apt to think , that if you can carry on , and compasse your purposes , then all your enemies will be assuredly disappointed : do but embrace the lord jesus in his kingly power in your bosomes , and ipso facto all your enemies are everlastingly disappointed : you are the grains , which in the sifting of the nation , have been kept from falling to the ground . are you not the residue of all the chariots of england ? oh that in you might appear the reality of the kingdom of the lord jesus , which hath been so long pretended by others : that sound righteousnesse , not a pharisaicall rigid supercilious affectation , nor a carelesse belief and comportment , the issue of novell fancies , might be found upon your spirits ; that you may be thought meet to rejoyce with the lord in his kingdom : otherwise this day of the lord which we have described , however desired and longed after , will be dark●esse to you , and not light . 2. in reference to your great employments , whereunto the lord hath called you , and here i shall briefly hold out unto you one or two things . 1. that you would seriously consider , why it is that the lord shakes the heavens and the earth of the nations , to what end this tendeth , and what is the cause thereof . is it not from hence , that he may revenge their opposition to the kingdom of his dear son ? that he may shake out of the midst of them , all that antichristian mortar , wherewith from their first chaos they have been cemented ? that so the kingdoms of the earth , may become the kingdoms of the lord jesus : is not the controversie of sion pleaded with them ? are they not called to an account for the transgression of that charge given to all potentates , touch not mine anointed ? and what is the ayme of the lord jesus herein , whose mighty voice shakes them ? is it not to frame and form them for the interest of his own kingdom ? that he may fulfill the word he hath spoken to sion , i will make thine officers , peace , and thine exactors righteousnesse . consider then ( i pray ) what you have in hand : wait upon your king the lord christ , to know his minde . if you lay any stone in the whole building , that advanceth it self against his scepter , he will shake all again : digge you never so deep , build you never so high , it shall be shaken . nay , that there be no opposition will not suffice ; he hath given light enough to have all things framed for his own advantage . the time is come , yea the full time is come , that it should be so , and he expects it from you . say not in the first place , this , or that , suits the interest of england , but look what suits the interest of christ ; and assure your selves , that the true interest of any nation , is wrapped up therein . more of this in the treatise annexed to my sermon of jan : 31. 2. be incouraged under all those perplexities and troubles , which you are , or may be wrapped in : lift up the hands that hang down , and let the feeble knees be strengthened : i is but yet a little while , and he that shall come , will come , and will not tarry . the more you are for christ , the more enemies you shall be sure to have ; but the lambe shall overcome . he is come to revenge the blood of his slain upon this generation , and to free the residue from the jaws of the terrible . he is our rock , and his work is perfect : what he hath begun , faster , or flower , he will surely accomplish . it is a thing of the most imaginable indifferency , whether any of our particular persons behold these things here belowe or no : if otherwise , we shall for the present have rest with him , and stand in our lot at the end of the dayes : but for the work it self , the decree is gone forth , and it shall not be recalled ; receive strength and refreshment in the lord . wonder not when the heaven is shaken ; if you see the stars fall to the ground ; we had some who pretended to be church-starres , that were meerly fixed to all mens view , and by their own confession , in the politicall heavens . the first shaking of this nation , shook them utterly to the ground . if others also tremble like an aspen leaf , and know not which winde to yeeld unto , or sail backwards and forwards by the same gale , wonder not at that neither ; when men lay any other foundation then the immovable corner stone , at one time or other , sooner or later , assuredly they will be shaken . let the professing people that is amongst us look well to themselves : the day is coming that will burn like an oven . drosse will not endure this day ; we have many an hypocrite as yet to be uncased . take heed you that act high , if a false heart , a defiled heart be amongst you , there shall be no place for it in the mountain of the lords house . the inhabitants of sion shall be all righteous : isa. 60. 21. many that make a great shew now upon the stage , shall be turned off with shame enough ; try and search your hearts , force not the lord to lay you open to all . the spirit of judgement and burning will try you . tremble , i pray , for you are entring the most purging trying fornace , that ever the lord set up on the earth . be loose from all shaken things : you see the clouds return after the rain : one storme in the neck of another . thus it must be , untill christ hath finished his whole work . seeing that all these things must be dissolved , what manner of persons ought we to be in all manner of holy conversation . let your eyes be upwards , and your hearts be upwards , and your hands be upwards , that you be not moved at the passing away of shaken things . i could here incourage you by the glorious issue of all these shakings , whose soretast might be as marrow to your bones , though they should be appointed to consumption before the accomplishment of it : but i must close . see the vanity , folly , madnesse , of such as labour to oppose the bringing in the kingdom of the lord jesus . canst thou hinder the rain from descending upon the earth when it is falling ? canst thou stop the sun from rising at it 's appointed houre ? will the conception for thee dwell quietly in the wombe beyond it's month ? surely thou mayest with far more ease turn and stop the current and course of nature , then obstruct the bringing in of the kingdome of christ , in righteousnesse and peace . whence comes it to passe , that so many nations are wasted , destroyed , spoiled , in the dayes wherein we live ? that god hath taken quietnesse and peace from the earth ? doubtlesse from hence , that they will smite themselves against the stone cut out of the mountain without hands . shall not the decree bring forth ? is it not in vain to fight against the lord ? some are angry , some troubled , some in the dark , some full of revenge , but the truth is , whether they will hear or forbear , babylon shall fall , and all the glory of the earth be stained , and the kingdoms become the kingdoms of our lord jesus christ . finis . notes, typically marginal, from the original text notes for div a53716e-390 chap. 10. 36. prov. 22. 13. 26. 13. psal. 116. 7. 1 thes. 1. 3. 2 thes. 1. 11. deut. 10 16. chap. 30. 6. ezek. 18. 31. chap. 36 26 acts 11. 18. exod. 19. 18 , 19 chap. 20. 18. nescio an facilior hic locus fuisset , si nemo cum opposuisset . mald : ad luc. 2. v 34. ephes. 1. 10. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} oecumen. in loc. matth 2. 2. matt. 27. 45. luk 23. 44. 45 mat 27 51 , 52 {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} rom. 8. 28. nunquam pauli sensum ingredieris , nisi pauli spiritum imbiberis : ber : ser. de monte . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} 1 ioh. 2. 27. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} theophilac . in ioh. 10. psal 68. 9. hab. 2. 20. matth 24. 7. 1 sam. 14 , 25. isa. 13. 13. psal. 68. 8. ioel 2. 10. revel. 8. 12. matth. 24. 29. luk. 21. 25. isa 60. 20. obad. 4. rev. 8. 13. chap. 11. 12. chap. 20. 11. euseb. eccles. hist. lib 9. c 8. 10. li. 8. ca. 27. de vita constan . li 1. ca. 50 , 51 , 52. isa. 66. 22 , 23 , 24. gen. 1. 10. revel. 17. 1. dimidium facti , &c. part : ii. mat. 24 6 , 7. ier. 4. 19. isa. 9. 5. part 3. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} acts 1. 7. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} matth. 24. 7. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} luk. 2. 1. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} 2 thes. 2. 6. revel. 18. 2. isa 60. 12. psal. 2. 6. ii generall head . heb. 11. 5. iude 4. gal. 1. 6. heb. 6. 18. heb. 7. 12. mutationem : trem : translationem erasm. ar : mont. psal. 2. 6. psal. 110. 2. acts 2. 36. rev. 1. 18. 1 cor. 15. 24. 25 , 26 , 27. luk 6. 20. mark . 12. 34. &c. psal. 45. 6. psal. 145. 13. isa. 9. 7. obad. 21. isa. 11. 5 , 6 , 7 , 8 , 9 , 10. chap. 18. 18 , 19. chap. 30. 18 , 19. micah . 4. 1. isa. 49. 18 , 19 , 20 , 21 , 22. chap 54. 1 , 2 , 3 , &c. v. 11 , 12. chap. 60. 16 , 17. ezek. 48. 35. amos 9. 11. rom. 11. 15 , &c. isa. 49. 22 , 23. chap. 66. 21. mal. 3. 3. ezek. 43. 10 , 11 revel. 21. 3. chap. 54. 11 , 12 , 13 , &c. zach. 14. 9 , 10 , 11. acts 3. 21. obs : reas. 1. psal. 2. 4 , 5. psal. 137. 8 , 9. isa. 47. 1 , 2 , 3. isa. 49 26. ier. 50. 33 , 34. chap. 51. 24 , 25 , 34. 35. zech 12. 2 , 3 , 4. chap. 14. 12. rev. 18. 6 , &c. acts , & mon : histor. pap. reas. 2. psal. 2. 9 , 10 , 11 , 12. rev. 17. 14. matt. 28. 20. 1 cor. 11. 26. ephes 4. 11 , 12 , 13. 1 tim. 6. 13 , 14. psal. 45. 16. isa. 49. 7 , 13. revel. 18. 3. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} bel de rom. pon . li 5 c. 8. 2 thes. 2. 6 , 7 dan. 2. 41. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} rev. 17. 13. rev. 13. 15 , 16. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} 2 thes. 2. 11. roma sedes petri , quae pastoralis honoris , facta caput mundo , quicquid non possidet armis relligione tenet . prosp. de ingrat . reas. 3. ioh. 10. 16. isa. 37. 31. ier. 30 9. ezek. 34. 23. chap. 37. 24 , 25. hos. 3. 5. amos 9. 11. exod. 14. 21 , 22. iosh. 3. 15 , 16. hal● 3. 8. ier. 51. 31 , 32. revel 11. 2. psal. 137. 8 , 9. isa. 47. 7 , 8 , 9. ier. 51. 25 , 26. revel. 17. 1 , 2. zach 2. 7. ier. 51. 6. iudg. 16. 28 , 29 petra dedit petro , petrus diadema rodulfo . reas. 4. heb. 11. 28. 2 cor. 4. 18. vse 1. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . luk. 16. 29 , ●0 . esther 1. 13. gen. 6. 13. isa. 23. 9. 1 kin. 10. 27. hab. 2. 14. isa. 65. 25. qu. ans. luk. 3. 15. vse 2. vse 3. vse 4. vse 5. vse 6. a proclamation for quieting the post-master general his deputies and assigns in the execution of his office james r. england and wales. sovereign (1685-1688 : james ii) 1685 approx. 3 kb of 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(eebo-tcp ; phase 1, no. a46566) transcribed from: (early english books online ; image set 54341) images scanned from microfilm: (early english books, 1641-1700 ; 869:40) a proclamation for quieting the post-master general his deputies and assigns in the execution of his office james r. england and wales. sovereign (1685-1688 : james ii) james ii, king of england, 1633-1701. 1 sheet ([1] p.) printed by the assigns of john bill deceas'd, and by henry hills, and thomas newcomb ..., london : 1685. reproduction of original in huntington library. broadside. at head of title: by the king, a proclamation. at end of text: given at our court at windsor the seventh day of september, 1685. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -post office. broadsides 2007-11 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-03 mona logarbo sampled and proofread 2008-03 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion j 2r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king , a proclamation , for quieting the post-master general his deputies and assigns in the execution of his office. james r. whereas our dearly beloved brother the late king was pleased by his proclamations to signifie his pleasure for exempting from bearing offices and quartering of soldiers his post-master general and all inn keepers , victuallers and other persons , who were actually post-masters , masters of the letter office or pacquet boats , and employed by the post-master general or his deputy in the grand letter office in london ; vve purposing to continue the said priviledges and exemptions , which vve conceive to be for our service , are graciously pleased , and do accordingly hereby declare our vvill and pleasure to be , that no soldier , horse , foot , or dragoons be quartered in the house of any inn-keéper , victualler , or other person , who is or shall be actually a post-master , master of the letter office or pacquet boats , and employed by our post-master general for the time being , or his deputy , or some other person or persons commissionated by vs for the management of the office or place of post-master general , by vertue of some deputation or commission from our post-master general or his deputy , or such other person , who shall be therein employed by vs , and that if any such soldiers be already quartered upon any such person as aforesaid , they be forthwith removed from his house to some other place . and our further vvill and pleasure is , that our post-master general for the time being , his deputies , servants , and assigns shall be from henceforth freed and exempted and discharged off and from serving upon all iuries , inquests , musters or any other publick employments or attendances , that may any way impede , retard , or prejudice the execution of his or their duty and service in the said office , and from all pains and penalties , which he , they , or any of them might or may incur for or by reason of his or their omission or refusal to perform the said employments or any of them . and our further vvill and pleasure is , that all our officers both civil and military do take notice hereof and conform thereunto accordingly . given at our court at windsor the seventh day of september , 1685. in the first year of our reign . god save the king. london , printed by the assigns of john bill deceas'd : and by henry hills , and thomas newcomb , printers to the kings most excellent majesty . 1685. the most blessed and truest newes from ireland, shewing, the fortunate successe of the protestants, and gods just vengance on the rebels. with a list of the protestant commanders, and the chief of the rebels commanders, and the townes that the protestants have relieved. with the humble petition of the baronets, esquires, ministers, gentlemen, freeholders, and others peacably affected in the county palatine of lancaster, to the kings most excellent majesty. with his majesties answer thereunto. barry, john, 17th cent. this text is an enriched version of the tcp digital transcription a51446 of text r2626 in the english short title catalog (wing m2869). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 15 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a51446 wing m2869 wing b973_incorrect estc r2626 12630192 ocm 12630192 64727 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a51446) transcribed from: (early english books online ; image set 64727) images scanned from microfilm: (early english books, 1641-1700 ; 252:e148, no 21 or 1861:26) the most blessed and truest newes from ireland, shewing, the fortunate successe of the protestants, and gods just vengance on the rebels. with a list of the protestant commanders, and the chief of the rebels commanders, and the townes that the protestants have relieved. with the humble petition of the baronets, esquires, ministers, gentlemen, freeholders, and others peacably affected in the county palatine of lancaster, to the kings most excellent majesty. with his majesties answer thereunto. barry, john, 17th cent. charles i, king of england, 1600-1649. 6, [2] p. printed for t.w. and g.h., london, : 1642. "blessed newes from ireland" signed: john barry. item at reel 1861:26 incorrectly identified as wing b973. reproductions of original in thomason collection, british library. eng england and wales. -army -registers. great britain -history -charles i, 1625-1649. ireland -history -rebellion of 1641. lancashire (england) -history -sources. a51446 r2626 (wing m2869). civilwar no the most blessed and truest newes from ireland, shewing, the fortunate successe of the protestants, and gods just vengance on the rebels. wi barry, john 1642 2190 16 0 0 0 0 0 73 d the rate of 73 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2005-10 tcp assigned for keying and markup 2005-11 aptara keyed and coded from proquest page images 2006-04 mona logarbo sampled and proofread 2006-04 mona logarbo text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion the most blessed and truest newes from ireland , shewing , the fortunate successe of the protestants , and gods just vengance on the rebels . with a list of the protestant commanders , and the chief of the rebels commanders , and the townes that the protestants have relieved . with the humble petition of the baronets , esquires , ministers , gentlemen , freeholders , and others peaceably affected in the county palatine of lancaster , to the kings most excellent majesty . with his majesties answer thereunto . london , printed for t. w. and g. h. 1642. a list of the protestant commanders , and the chiefe of the rebels commanders , and the towns th●t the protestants ●ave releeved . the protestant commanders lord ormond . lord brabason . earle of baramore . lord lisly . earle of kildare . s. george wentworth captain armstrong lord pore . s. thomas lucas . lord thomond . sir rich. greenvile . colonell monk . captain scout . lord lambart . lieut. col. loftus , sir iohn sherlock . serj. major wa●●●n . serj. major paget . serj. ma. willoughby the chiefe rebels . earle of care . l. vis . mountgarret l. vis . herne . lord dunsane . l. bar. of dunbony . l. bar. of logmoe . earle of wickloe . earle of waxford . ear . of catherlaugh lord muskre . lord l●●●●●● . lord d●lvin . lord arkin . col. fitz. gerard . captaine demsey . col. hugh birne . tow●● re●●ved by the protestants . athy . killtrush . drogheda . cast . tippar . castle catherlaugh . cloughgrenan . wi●glee . ballilenon . cast . rebon . stradbally . ballin●kill . dent . knockardnegurrath . burr●s . knocknemease . o duns . 〈…〉 int. clogham . kingsale . blessed newes from ireland . sir , since many idle rumours are divulged among you , concerning the present condition of ireland , some of which are improbable , other are so doubtfull , that men have just cause of suspition not to believe . my purpose is therefore at this time intended perfectly to resolve you of the truest affaires , and most reall estate of all ireland . the lord ormond , the earle of kildare , the lord br●ha●●n , cap. armstrong , quarter-master generall of the horse , and sir george wentworths troupe , under the command of captaine herman , every one with their severall forces overcame the castle tippar , which the rebel had possest , taking from thence great stone of ammunition , who marching onwards with great courage to kiltullin , burned by the way many villages of the rebels ; and from thence marching to athy , burnt the castle and towne of ki●●●sh , belonging to the rebellions colonel fitz-gerald ; from thence they took great store of provision , which the rebels before had taken from the english . then sr. patrick wymes bringing us a fresh supply of souldiers , consisting of 500. foot , and 100. horse , the english army marched to the castle of catherlagh , where the lord ●●l●in , earle of west-meath , the lord mountggarrat , the lord lo●pon , resisted them with strōg forces , but our men had undaunted spirits , and feared them not in the least respect , and wee having the advantage of them , being on a hil , gave them three vollies of shot , before they came within shot of us , and continuing very eager with them , we took the l. muskgroo prisoner , & slew about nine score more , then they fled & yeelded up the castle . from thence we marched to cloughgrenan , a castle of great strength , and conquered that also ; but the rebels perceiving their approach , fired the towne ; but captain harman knowing that part of the countrey very well , followed them , and slew a great number of them , and relieved 5 hundred protestants , exceedingly distressed there . then we marched on , and relieved captaine george grehams castle called , ballilenon ; and by the help of the lord lievtenants , and sir thomas lucas troups , castle rebon and pert were removed . marching to stradbally , we slew many passing over the river barron , where the rebels are encamped ; and marching to his majesties fort of mary-borough , by the helpe of the lord lislyes forces , they relieved ballynekill : marching onwards , wee killed threescore rebels at knockardnegurrah , the other fled , and yeelded up the towne . the lord lievtenant , the earle of baramore , the lord poore , earle of alentia , the lord thomond , sir thomas lucas , sir richard grenvile , captaine armestrong , and captaing scout , with their severall troups & forces , relieved burros , the duke of buckinghams castle , and passing the river noare , neere unto florence , fitz-patrick , there was a stone cause-way over a bog , and passing thereby , we killed many rebels , and relieved three hundred english prisoners . then they relieved knocknemease , and in the morning burr , and put foure or five hundred english therein , who had endured a long siege by the rebels . in their returne back they burnt the country of o duns , till they came to castle-ruffe , and by the help of colonell monke , and captaine treswel , the one commanding the lord generals , and the other the lord lislyes horse-troops , slew foure hundred at the p●ssage of portnehint , possest by the rebels . s. patricke relieved the english in ballynekill , who were in great distresses for want of victuals , sending the eighty barrels of wheat and beere belonging to dempsey , a notorious rebell : all whose villages they burnt , especially the territory of clanmaleero . foure miles from athy at the bridge of magainy , were about seven thousand foot , and two hundred horse of the rebels , conducted ( as the prisoners taken told us ) by viscount mountgarrat , the lord viscount ikerin , the earle of care , the lord dunsane , the lord astry , the lord baron of dunbony , the baron of loghmoe , and most of the principall rebels , of the counties of wickloe , vvexford , catherlaugh , kildare , kilkenny , and queens county , who drew up part of their forces to pankardstown , neere grang mellon . by the directions of the lord generall , corner butler , and cornet magrah , were sent to discover the rebels , and their forces being understood to be so great , a councell of of warre was called , and it was debated what resolution was fittest to be taken . it was concluded , that two thousand foure hundred foot , and foure hundred horse should be raised against them , and put into this order of marching : first , cornet pollard , with thirty horse and forty firelocks , as a vantcurriers , and forlorne hope . then the baggage belonging to the horse . in the next place six troops of horse led by sir tho. lucas , comissary generall for the horse in two divisions . then followed the baggage of the foot vieres . next captain edmund matthew , the lord pillon , son to the earle of roscommon , the lord brabason , sonne to the earle of meath , sir robert farrer , collonell john barry , serjeant major john oagle , every one in the severall ranks and orders . then followed foure divisions of foot , each consisting of three hundred . the artillery and ammunition followed . then two troops of horse by sir richard greenvile , after him lievtenant devalier . and the lord ormund marched in the reere . on the left hand there lay of the rebels , the lord mountgarrat , earle of care , and colonell hugh birne : against them marched sir iohn sherlocke , lieutenant collonell of the lord lambarts regiment , lievtenant collonel lofins , serjeant major vvarren , serjant maior pageat , seriant maior vvilloughby and encountred very sharply with them , and slew three hundred and seventy rebels , and the rest fled . they have taken waterford , arkloo , washford , and some other towns , but we hope to recover them very suddenly . and when more happy fortune , and convenient successe shall be given us , i will transport the truth thereof unto you . in the meane time , i beseech you to accept the affectionate love of , from athy , may 14. 1642. your most indulgent friend , john barry . the humble petition of the baronets , esquires , ministers , gentlemen , freeholders , and others peaceably affected in the county palatine of lancaster . shewing to your sacred majesty , ovr heart-breaking sense and sorrow for the unhappy rents and dstractions in your majesties dominions , especially in the session of so grave and godly an assembly , ( most graciously conveened by your majesty ) endeavouring the glory of almighty god in the reformation of religion , and the honour and weale of your majesty , and your realms , in setling and securing your royall throne in plenty & peace . but perceiving the long and remote distance of your majesty from that honourable assembly , to have distracted the hearts of your good subjects , and animated the popish and malignant party amongst us , and fearing it may expose us to the danger and fury of a forraigne foe , retard the setling of the weighty affaires in our land , and the subduing of the rebels in ireland ; and finding your majesties late resolution for that expedition , to threaten danger to your royall person , farre more worth then ten thousand of us . we therefore your majesties most loyall subjects out of our zeale to gods true religion , your majesties honour and safety , and the peace and welfare of your dominions ; and out of the deepe sense and apprehension of our interest in the same , do in all humility present and prostrate our selves , and supplication at your royall feet , beseeching your majesty to return to your great councell ( there presentative body of your kingdome ) in whom this nation hath so farre confided , that they have intrusted them with their lives , liberties ; and in which multitude of counsellours there is health and stedfastnesse , and whereby the royall throne may be established in righteousnesse , and we with the rest of your faithfull subjects shall continually praise and pray for your prosperous and happy raigne over us . at the court at , yorke the 10 of may , 1642. his majestie hath expressely commanded me to give you this his answer to your petition . that this petion , as some others of this nature is grounded upon mis-information , and being grieved and highly essended to see how his good people have been and are abused by the false rumors and intelligences , which have procured , causlesse feares and apprehensions , referres the petitioners to the answers hee hath given to the declaration presented to him at now market , and to the petition presented to him the 26. of march last at yorke , wherein his majesty saith , you will clearely perceive , that he is not gone , but driven from his parliament : his majesty likewise , for your further information of his proceedings and intentions , recommends to your view and consideration , his two messages , and declaration concerning hull , and his message touching the reasons of his refusall to grant the militia , all which , when they shall be fully represented to the rest of your county , he doubts not , but that you will rest very well satisfied of his consent and resolution for the maintaining of , and governing his people by the law of the land , his unmoveable resolution for the maintenance and defence of the true protestant profession , and the suppression of the barbarous irish rebellion , and his majesty saith , that he believes you may then finde reason to petition the parliament to comply with his majesties just desires , and gracious offers , which is the only way safely and speedily to cure , the present distractions of this kingdom , and with gods blessing to put a happy end to the irish rebellion : for the effecting whereof , as his maiesty hath often said , he will neither spare paines , nor decline any hazzard of his person or fortune . edward nicholas . finis . a declaration of master william lenthall esquire, speaker of the honorable house of commons wherein is contained the grounds and reasons that moved him to absent himselfe from the service of the house, on friday july 30, 1647 : together with his resolution not to attend that service, till (by an effectuall prevention of the like tumults) the parliament be inabled to proceed in a free and parliamentary way without disturbance or enforcement. lenthall, william, 1591-1662. this text is an enriched version of the tcp digital transcription a47686 of text r11515 in the english short title catalog (wing l1072). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a47686 wing l1072 estc r11515 12591187 ocm 12591187 63941 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a47686) transcribed from: (early english books online ; image set 63941) images scanned from microfilm: (early english books, 1641-1700 ; 672:24) a declaration of master william lenthall esquire, speaker of the honorable house of commons wherein is contained the grounds and reasons that moved him to absent himselfe from the service of the house, on friday july 30, 1647 : together with his resolution not to attend that service, till (by an effectuall prevention of the like tumults) the parliament be inabled to proceed in a free and parliamentary way without disturbance or enforcement. lenthall, william, 1591-1662. 6 p. printed by j. harris and h. hills ..., oxford : 1647. reproduction of original in huntington library. eng england and wales. -parliament. -house of commons. great britain -history -civil war, 1642-1649. a47686 r11515 (wing l1072). civilwar no a declaration of master william lenthall esquire, speaker of the honorable house of commons, wherein is contained the grounds and reasons th lenthall, william 1647 1241 2 0 0 0 0 0 16 c the rate of 16 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2004-01 tcp assigned for keying and markup 2004-01 aptara keyed and coded from proquest page images 2004-02 mona logarbo sampled and proofread 2004-02 mona logarbo text and markup reviewed and edited 2004-04 pfs batch review (qc) and xml conversion a declaration of master william lenthall esquire , speaker of the honorable house of commons , wherein is contained the grounds and reasons that moved him to absent him selfe from the service of the house , on friday july 30. 1647. together with his resolution not to attend that service , till ( by an effectuall prevention of the like tumults ) the parliament be inabled to proceed in a free and parliamentary way , without disturbance or enforcement . published by his command , for the satisfaction of the kingdome . oxford printed by j. harris , and h. hills , living in pennifarthing street , 1647. a declaration of mr w. lenthall . esq. speaker of the house of commons , being the reasons and grounds that moved him to absent himselfe from attending the service on friday , july 30. 1647. although it may happily be contrary to the expectation of some , that j attend not the service of the house of commons at this time , as j have constantly done for almost seven yeares last past ; yet can it not be reasonably expected by any that will consider the violence offered to both the houses of parliament , and to my selfe in particular the last monday , july 26. insomuch that j can safely take it upon my conscience , and so j doubt not may all the members of both houses also , that they sat in continuall feare of their lives , and by terrour thereof were compelled to passe such votes as it pleased an unruly multitude to inforce upon them ; which as j did then openly declare in the house , so j cannot but believe that they are all void and nul , being extorted by force and violence , and in that manner that they were : and j cannot any longer dispence with my selfe to be an instrument in passing such votes , and to give any colour or shadow of parliamentary authority unto them , which were not the votes of the representative body of the kingdome ; but of a tumultuous multitude , as those must needs be accounted that seemed to passe the house on monday july 26. and which shall passe hereafter untill better provision be made for the safe and free sitting of the houses of parliament ; there being no effectuall course taken by the city since the adiournment of the house , to prevent the like tumults for the future no nor so much as a declaration from them , to shew their dislike thereof : but on the contrary , it was generally voiced in the towne , that there would be a farre greater confluence of apprentizes , reformado's , and others by friday at the parliament dores ; and particular notice was given to me , that after they had made the house vote what they pleased , they would destroy me : j had likewise information given me that there would be a great number of apprentizes of a contrary opinion and affection to the other , about the parliament dores on friday morning , which j foresaw must ▪ of necessity cause a great combustion , and in probability occasion much bloud-shed . the prevention of which mischiefe ( together with the consideration aforesaid ) have weighed more with me , then any thing which may concerne my particular : and especially having served the parliament faithfully and diligently for the space of almost seven yeares in a free and parliamentary way of proceeding : that j might not now be made a servant to such a rude and tumultuous multitude , to transferre upon them the colour of parliamentary authority , therewith to abuse , and deceive the minds , and to destroy the lives , liberties and estates of the people of this kingdome , and having taken a solemn protestation and covenant , in my place and calling , to maintaine the priviledges of parliament , and the rights and liberties of the subiect , j could not now satisfie my selfe how j should discharge my duty therein , but by absenting my selfe at this time , rather then by my presence , to give any shadow or countenance of the authority of parliament , to such apparent violation thereof , neither can the omission of a circumstance or some formality in the adiournment of the house , when through force and violence it cannot meet quiet in any sort as a parliament , be any preiudice to the future sitting and proceeding thereof , when it may meet and sit againe as a free parliament ▪ it being well known that nothing can dissolve this parliament , but an act of parliament . when a company of apprentices , reformadoes and others , shall call the ordinances of both houses of parliament pretended ordinances , shall locke the doores of the houses upon them , shall sweare not to let them out till they have passed what they pleased concerning the militia of london and other things ( though the house had immediatly before voted otherwise ) shall threaten the houses in case they doe not instantly satisfie thier demands ; shall knock , hoote , and hollow at the parliaments doores , that the members could not be heard to speake or debate , and after the house of commons had passed a vote concerning the militia of london , and that the speaker by the vote had iudged the maior part to be for the negative , shall not suffer the house to be devided , but in a threatning way require those that gave their votes against them to come out to them if they would , when after the house was adiourned , they shall by maine force thrust back the speaker againe into the house , and force the members in their presence and sight , ( direct thrusting themselves into the house ) to vote what they demanded , when they shall iustle , pull , and hale the speaker , all the way he went downe to his caroch , and force him ( to avoid the violence ) to betake himselfe to the next caroch he could get into , for refuge : when they shall breath forth bloody threats against the members , as they come out of the house ; and since against me in particular , at the next sitting of the house , as j am credibly informed , and when there is no appearance but that they will continue to doe as formerly they have done , or far worse on fryday : j could not in discharge of my trust , protestation , and covenant , sit in the chaire of the house of commons , whilest it shall be in such a condition ; but so soone as it may sit againe , in freedome and safety , j shall be ready to returne to the service of the house , but till then as j have upon the fore-mentioned grounds fully satisfied my owne conscience , so j doubt not but j shall give the whole kingdome ( whose interest is most concerned in it ) ample satisfaction in the necessity of my action . wjlljam lenthall . speaker . several instances of the wrongs and oppressions by q's and r's, suffered by the sailers of the english navy from the beginning of the late war most humbly presented to the fountain of justice, the parliament of england. byrne, gerrald. 1699 approx. 18 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a30815 wing b6407 estc r20328 12259110 ocm 12259110 57748 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a30815) transcribed from: (early english books online ; image set 57748) images scanned from microfilm: (early english books, 1641-1700 ; 175:9) several instances of the wrongs and oppressions by q's and r's, suffered by the sailers of the english navy from the beginning of the late war most humbly presented to the fountain of justice, the parliament of england. byrne, gerrald. [4] p. printed by g. croom ..., london : 1699. caption title. signed at end: gerrald byrne, a lover of the king and country. imprint from colophon. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -royal navy -pay, allowances, etc. 2006-04 tcp assigned for keying and markup 2006-05 aptara keyed and coded from proquest page images 2006-06 andrew kuster sampled and proofread 2006-06 andrew kuster text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion several instances of the wrongs and oppressions by q's and r's , suffered by the sailers of the english navy , from the beginning of the late war : most humbly presented to the fountain of justice , the parliament of england . it is the misfortune of the poor sailers of the english-navy , to have few or no friends to take their part , or represent their grievances to the parliament , in order to have them redress'd : justice indeed carries an equal ballance , but both the scales hang over the earth , without any respect to the sea. tho' our sailers are as true to their country as the needle of their compass is to the course they steer , as faithful as the steel to the loadstone ; yet are they little minded by those in whose power it is to do them justice , as if their generation were monstrous , because their lives are amphibious ; are born on the land , and do service on the water , yet have common justice on neither : they are english-men but till they are 16 or 18 years of age , then arrived to the ne plus ultra of their liberty , their freedom being in perpetual danger , liable to be invaded by every press-master ; and those which were born to the rights and immunities of an english-man , has all his property knock'd on the head at once , and hawl'd away and constrain'd on board ship , an honourable sort of vassalage . thus wives have their husbands torn from their arms , mothers the only hopes of their families forc'd into confinement more durable and uneasy than that of their wombs , fathers and sons imprisoned in one wooden goal . but were this all , the bondage would seem more easy ; the mariners never think their service to their country too much , they plough the wide ocean , contend with the raging billows of the deep ; and with a bravery peculier to the sons of the sea , meet and fight their enemy with a wonderful contentment and alacrity , in defence of their country , and those rights and privileges of which they have so small a share . indeed their country has not been backward in making a generous allowance suitable to the bravery of men engag'd in such dangerous enterprizes ; but their ill stars have laid them under such dismal circumstances , under such a monstrous and unparallel'd conduct , that in the midst of the plenty provided for them , they have been in the greatest wants . it is commonly observ'd in dealings amongst mankind , that the service of labourers require present mony , and the laws of the realm have a great respect to the wages of servants , allowing them to be first paid , even before bonds , or any previous obligations of a contrary nature : but some wou'd have every sailer an exlex , and would make us believe that the same decorum of justice is not to be us'd in states and governments , as is practised amongst men of inferior ranks and qualities : however , as the debts to the sailers are national , it ought to be a national concern ; and grievances of this kind being un-redress'd , may procure a national judgment . that the q's and r's upon the navy-books , are a common grievance to the poor widows of sailers , and their attorneys , will loudly justifie to their great grief and loss . the r , upon the navy-books is an immovable letter , very significant of injustice , and serves there as a period in other books , putting a full stop to the sailors pay ; and tho' the person that sets the permanent r , may be but a cypher himself in the account of justice and true worth , yet his letter r , is productive of vast sums of mony , into the pocket of some body or other , to the ruin of the seamen . this r , in navy language or character ( which you please ) signifies run , and this run is of different meaning and signification too , it is crambo'd and tortur'd most damnably , forc'd to express the meaning of any thing the commanders of the navy please . if a poor man be set sick a shoar , so that he cannot get a board his ship before she sails , then he is made run upon the books : if he be a shoar by the captain 's order about the ship 's business , and some orders from above force the ship out of harbour before he can get a board , the ship runs away from him , and he from the ship at the same time ; if he go immediately on board another ship , yet he is run still . the immovable r , of the navy , is as fixt as the law of the medes and persians . if he make interest at the admiralty to get the r taken off , ( for 't is in the power of those men you know to do mighty wonders ) why then his petition comes out with this pretty device at the bottom , read the 11th of february refus'd , j. burchett . but farther to discover the meaning of this significant letter r , i shall give an account how it is apply'd to the poor sailers upon the navy-books . i. such as never design'd to desert the service , but being return'd from long voyages , and their ships being either in port or dock , have adventured to visit their friends , in order to provide themselves with apparel and other necessaries , and perhaps have met with press-gangs belonging to other ships , and forc'd on board ; this has been esteemed by the navy a desertion , and they have made such sailers run , upon their books . ii. those that have been turn'd over from one ship to another , and after having serv'd some time in the latter , their tickets for their service in the former ships have been deliver'd them , and after having serv'd on board several other ships , perhaps two or three years after being set sick a shoar , the first tickets with the rest , have been made quaeri'd or run , and their wages forfeited . now , that such practices as these are contrary to all the law , justice and reason in the world , is demonstrable . i. such as have their tickets given them , are suppos'd to be guilty of no crime at that juncture ; and such tickets are and have been esteemed as the king's bonds and bills of exchange , and were formerly paid upon sight . now , it is very hard , that a sailer transgressing in one ship , should become so guilty , as by that crime to forfeit all his wages in former ships : so that good service and bad , according to navy justice , are a like punishable . ii. many well-affected people to his majesty's service , and out of charity to their distressed neighbours , have supplied many sailers with mony , to the full value of their tickets , and when they come to the navy to be paid , receive nothing but an r for their mony. iii. the quaerying and running of such tickets , have abominably lessen'd the credit of the navy in respect of wages , and made the most glorious navy in the world , the most scandalous by such barbarous abuses , insomuch that tickets formerly sold at 2 s. 6 d. per pound , are now sold for seven , eight , ten and twelve shillings loss . the next thing to be consider'd is the letter q. upon the navy books , which stands there as near injustice , as it does to the letter r in the alphabet . this q is generally put upon such as are set sick a shoar . and then the poor sailer is to quaery for justice , which he may do till he is blind , and never find it . that this practice is barbarous and inhuman , is very evident . i. it sinks the labourers hire into private pockets , deprives distressed families of their bread , purchased by the hazard of human life , and brings unnecessary charge upon parishes . ii. this q is a new letter in the navy books , quaeries being never heard of till the year 1690. before which time , every man set sick a shoar had his wages paid him , and was discharged from the service . iii. the great sickness which at and since that time happen'd in the fleet , was the foundation of these quaeries ; a very hard case , that a sailer must lose his money because he has lost his health in the service ; must have bad pay , because he has been poyson'd with bad provisions . iv. many , if not most of those , who have been set sick a shoar , have thought themselves discharg'd , according to former custom , being altogether ignorant of the new practice of the navy . v. many that have been long voyages , and sick for many months together , seeing the major part of the ships crew bury'd , have been thereby deshearten'd to go a board ship again , diseases being more dreadful to sailers than battle or storm . vi. nor can it be rationally expected , that such as have contracted indispositions and distempers , by unwholsom provisions , or a contagious air , should ( after a month's refreshment in sick quarters , or labouring 6 or 12 months under their maladies in an hospital ) be fit to return aboard ship , or be capable of doing his majesty service ; but the contrary is evident , by the vast numbers that died soon after their return on board , as well as those that were set sick a shoar . and wou'd it not now be just to pay such men their wages ? wou'd it not be for the honour of his majesty , for the reputation and credit of the navy to consider their cases and pay the debts due from the nation to such ? 1. as have been set sick on shoar since the conclusion of the peace . 2. to the executors and attorneys of such as died in sick quarters , hospitals or hospital ships . 3. to such as after recovery entred on board any of his majesty's ships . 4. to such as have been wounded or hurt , and receiv'd pensions , or smart-money for the same . 5. to such as continued six months , or upwards , in sick quarters or hospitals , or have been discharged from thence as incurable . 6. to such as the captains of ships have discharged by tickets , as unserviceable , as being either sick , lame or blind , &c. this usage of free born englishmen , might move compassion in any but in those whose business it is to cheat them , and raise their own fortunes out of their ruins . this indeed is a miserable scene of humane cruelty , unknown to the heathen nations , and yet practised in a christian country , built on the pillars of good and wholsom laws , and under a government for no other reason that i know , but on purpose to destroy such arbitrary proceedings , and to dispense common justice to all men. there is little more difference betwixt a gally slave and an english sailer , than that one serves in expectation of pay , and the other without it ; yet one is sometimes as well paid as the other . this barbarous usage of mariners , have made them instead of deserting our ships of war , and taking merchants service , forsake their country , and sailwith foreigners , in hopes of better justice and usage abroad than they have met with at home . this barbarous usage has made many thousands of them turn pirates during the last war ; and those that turn free-booters are generally the flower and youth of the seamen , so that in time our ships shall be man'd only with decrepit old age , and the refuse of the sea , to the weakening of the nation and government ; for every sailer lost is a stone taken out of our national walls , which suffering such continual dilapidations , will at last tumble down , and leave us exposed to the insults of any invader . and after all , pray what is become of the money that was ordered to pay the seamen , upon whom the r's and q's have been put ? if it remains still in the king's hands , there is yet some hopes of relief left to the miserable sailers ; but if it be otherwise disposed of , their disease seems incurable . when we look into the pay-office and see there some clerks at 30 l. per annum purchasing estates , others turning merchants , and employing vast sums of money in trade , we may give a shrewd guess what is become of the poor sailers money . and how shall their creditors be paid ? how shall their widows and numerous fatherless children be provided for ? will not the charge to the several parishes , upon this account , be heavier upon the subject than the taxes during the war. dwelling so long upon the r's , and q's , which to me appear like figures in sorcery ; for the projectors of their meaning in navy dialect have plac'd them backwards , as witches say their prayers : i had almost forgot the injuries daily committed to those sailers who have chearfully registred themselves , to be the more ready upon all occasions to serve their country , the parliament has settled on every one of them forty shillings a year for their encouragement ; and last year the officers of that registry have receiv'd 80000 l. to pay off those tickets , out of which they have only distributed 35000 l. and refuse to pay one farthing more , pretending they have not money , so that forty five thousand pounds is sunk unaccountably into some bodies pocket . all these things are worthy the consideration of our representatives in parliament , who are the only persons can redress grievances of this nature . now for some short account of the register-office and conclude ; there were mighty things promis'd from this office , and truly had it been well founded and managed , it might have been of very good service to the nation ; for 't is more then time , some measures should have been taken to retrieve our sinking navy ; but this being contriv'd and govern'd by the projectors , who seem rather by their carriage to ruin or drive all the seamen out of the kingdom , than to encourage and keep them here , has had the contrary effect expected by parliament , that made a large provision for this office , and made a calculation of 30000 seamen to be registred , now of these 30000 there is about 15000 thousand registred , which most of them registred themselves a-board of ship before the conclusion of the peace , being chiefly threatn'd and compel'd to it ; but since the peace there have been a very inconsiderable number have registred , and one may believe now the register-office may sit down contented , and save the charge it puts the kingdom to for any more men of any sort that will register themselves . but now to shew what may be depended upon from those already registred , half of them are officers who are forc'd to do it , or otherwise lose their employments ; but as they have not the 40 s. a year , provided for every seaman by the act , so they are not oblig'd to surrender themselves to the service , but they were only compell'd to register themselves , not for any use they were that way to the kingdom , but for encouragement to the seamen , or to wheedle them to follow their example . a moiety of this remaining 7000 are land men or wretched creatures taken or prest into the service , more to make up the complement , and rather pester a ship , when seamen could not be got : above half the remainder , which we will suppose to be seamen , are at sea in merchants service on foreign voyages , the act obliging none to stay at home to wait a call ; so that in fine , by a modest calculation , the nation in the utmost exigency cannot rely upon the register-office for two thousand able seamen of the 30000 which was expected in six months time : but to give some particulars how this office is a discouragement , or rather an oppression in many respects to seamen than an encouragement , as was promis'd to the parliament when 't was establish'd by law , at a great charge to the nation . i. the seaman that registred himself was promis'd by the act , 40 s. per annum , which is a great deal in a poor seaman's pocket , and estimates given every session to the parliament yearly of this particular charge , and if i mistake not , fonds rais'd and receiv'd for this use : now the seamen have never receiv'd a farthing of this ; but on the contrary , the seaman is glad to sell his register ticket for 10 s. in the pound , which every body will not give , for to my knowledge , people that have made enquiry at the register-office how , and when these tickets would be paid , 't was answer'd , 't was not yet determin'd , nor did they believe ever would ; an excellent encouragement to seamen ; but to help out the matter , here is a tax levy'd upon every seaman in england of 6 pence per mensem , toward the support of this establishment , which i never heard any seaman the better for : again , the act says , the king's ships shall be man'd with registred seamen ; they to have the preference , and out of them only are the inferiour officers to be made ; now several captains have been put to a plaguy puzzle on this account , for by reason of the discouragements before mentioned , very few good seamen have registred themselves , so that a captain cannot find enough , or sufficient out of his registred men to make officers of . there might be a great deal more said of the ill usage of these poor creatures ; but to avoid prolixity i shall omit it now , and humbly hope this already said , may be worth the consideration of the supreme judicature ; it being design'd to no other end , than that in doing justice , and shewing mercy to these poor people , it may at last turn to be of the greatest service to the nation . gerrald byrne , a lover of the king and country . london . printed by g. croom , at the blew-ball over against bridewel near fleet-bridge , 1699. price 2 d. the antient right of the commons of england asserted, or, a discourse proving by records and the best historians that the commons of england were ever an essential part of parliament by william petyt of the inner-temple, esq. petyt, william, 1636-1707. 1680 approx. 265 kb of xml-encoded text transcribed from 136 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-11 (eebo-tcp phase 1). a54633 wing p1945 estc r422 12367639 ocm 12367639 60452 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a54633) transcribed from: (early english books online ; image set 60452) images scanned from microfilm: (early english books, 1641-1700 ; 221:1) the antient right of the commons of england asserted, or, a discourse proving by records and the best historians that the commons of england were ever an essential part of parliament by william petyt of the inner-temple, esq. petyt, william, 1636-1707. [10], 75, 184 p. printed for f. smith, t. bassett, j. wright, r. chiswell and s. heyrick, london : 1680. english and latin. reproduction of original in union theological seminary library, new york. marginal notes. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. -house of commons. constitutional history -great britain. 2004-07 tcp assigned for keying and markup 2004-07 apex covantage keyed and coded from proquest page images 2004-08 judith siefring sampled and proofread 2004-08 judith siefring text and markup reviewed and edited 2004-10 pfs batch review (qc) and xml conversion the antient right of the commons of england asserted ; or , a discourse proving by records and the best historians , that the commons of england were ever an essential part of parliament . by william petyt of the inner-temple . esq . non nulli taedio investigandae veritatis cullibet opini●● potius igna●i succambunt , quàm explorandâ veritati pertinaci diligentiâ perseverare volunt . min. foelix . inter ●ericula veritatis & libertatis 〈◊〉 〈◊〉 . london , printed for f. smith , t. bassett , j. wright , r. chiswell , and s. heyrick , 1680. to the right honourable arthur earl of essex , viscount maldon , baron capell of hadham , lord lieutenant of the county of hertford , one of his majesties most honourable privy-council , and first lord commissioner of his majesties treasury . my lord , there have been authors of modern times , who have in their writings , concerning the government of this kingdom , published to the world , that the commons of england ( as now phrased ) were no part of the antient commune concilium , or parliament of this nation , before the forty ninth year of h. 3. and then introduced by rebellion . a position when seriously weighed , equally wounds the peerage of england , since the same authors say , that there is no formal summons of the lords to parliament , found upon record before that time . after i had often considered so great a point , and having often read of the freedom of this nation , that no englishman could lose his right or property but by law , the life and soul of this so famous and so excellently constituted government , the best polity upon earth ( which when united in all its parts by prudent councils , made always the people happy at home in peace , and the crown ever victorious abroad in war ) i did resolve to take pains to search , if matters thus represented to the highest disadvantage and prejudice of the people of england , were true or false ; which i have industriously and impartially endeavoured , and hope with that clearness , that will evidence to all unbiassed judgments , the unsoundness of those opinions . when i had so done , being unwilling my labour should be to my self alone , and not to those who search after knowledge in these matters , to disabuse and prevent others from building upon such mistaken and dangerous foundations , i thought it not unseasonable to publish this discourse , wherein there is no record cited , but ( in my opinion ) equally asserts the right of the peers of this kingdom , as well as of the commons , and therefore have taken the boldness to send it into the world under your lordships protection , whom i know to be a great lover of truth , to which all mankind ought to pay allegiance . i should have had great satisfaction , if before it had been put to the press , it might have received your lordships judicious corrections and approbation , whose knowledge and industry in venerable antiquity , and all other useful learning , is well known unto the world. but this happiness i could not reasonably expect , your lordships time being so much taken up in the service of the crown , whereof your lordship is so eminent , and so great a pillar , as your honourable imployments both at home and abroad , do sufficiently demonstrate . i most humbly beg your lordships pardon for my presumption in this dedication , which fault i hope may be extenuated by the relation i have to your lordship in my profession , and being deprived of other means , publickly to shew my humble gratitude for the many favours your lordship has been pleased to confer upon , my lord , your lordships most humble , most faithful , and most obedient servant , w. petyt . the preface . my principal design in this following discourse , is impartially to vindicate the just honour of our english parliament from the calumnies and reproches of some late authors who have asserted , 1. that an essential part of that great council , viz. the commons of england , represented by the knights , citizens , and burgesses in parliament , were introduced and began an. 49 h. 3. by rebellion . 2. that before that time the commons were never admitted to have any votes , or share in the making of laws for the government of the kingdom , nor to any communication in affairs of state. to discover and refute the unsoundness of the second position , and that the contrary may appear to be true , i shall before i come to answer the first , consider the second , and endeavour to prove , that during the brittish , saxon , and norman governments , the freemen or commons of england , as now called and distinguished from the great lords , were pars essentialis & constituens , an essential and constituent part of the wittena gemot , commune concilium , baronagium angliae , or parliament , in those ages . 1. under the brittish government . the brittons called their commune concilium , or parliament , kyfr-ythen then , because their laws were therein ordained ; and upon k. lucius his letter to pope elutherius , to send him the roman laws , the pope who could not be ignorant of the constitution and frame of the brittish polity , writes back to him , habetis penes vos in regno utramque paginam , ex illis dei gratia per concilium regni vestri sume legem , & per illam dei potentia vestrum rege britanniae regnum but what their laws and particular government were , is very uncertain , by reason that scripta patriae ( as gildas sayes ) scriptorumve monumenta ( si quae fuerint ) aut ignibus hostium exusta aut civium exulum classe longius deportata non comparent . the histories of our country ( if there were any ) are not to be found , being either burnt by the enemy , or carried beyond the seas by the banished brittons . yet this is certain , and not to be denied , that 〈◊〉 their elder time , the people or freemen , had a great share in their publick council and government . for dion cassius , or xipniline out of him in the life of severus assures us , apud hos i. e. britannos populus magna ex parte principatum tenet . 2. under the saxon government . it cannot be doubted but that the saxons who made themselves masters of the brittish nation , brought with them their country laws , and government ; and that the commons were an essential and constituent part of their commune concilium , tacitus tells us , de minoribus rebus principes consultant , de majoribus omnes , ita tamen ut ea quoque quorum penes plebem arbitrium est , apud principes praetractentur . after the saxon government became united and fixed under a sole christian monarch , they still continued and kept their antient wittena gemots , or parliaments , as now phrased , wherein they made laws and managed the great affairs of the king and kingdom , according to the plat-form of their ancestors . many authorities might be given to evidence this , i will instance in three or four . 1. then , we have that famous parliament summoned by king ethelbert , an. 605. which my author calls , commune concilium tam cleri quam populi . 2. about the year 712. king ina assembled a great council or parliament , wherein he made ecclesiastical laws concerning marriages , &c. and did other things , ad concordiam publicam promovendam per commune concilium & assensum omnium episcoporum , & principum , procerum , comitum & omnium sapientum seniorum & populorum totius regni . 3. and we read elsewhere , that the grand league and union between the brittons , saxons , and picts , was concluded and confirmed , per commune concilium & assensum omnium episcoporum , procerum , comitum & omnium sapientum seniorum & populorum & per praeceptum regis inae . 4. anno dom. 905. plegmundus cantuar. archiepiscopus unacum rege magnifico cognominato edwardo seniore concilium magnum episcoporum , abbatum , fidelium , procerum & populorum in provincia gewisorum ( in illa parte angliae quae in plaga australi sita est fluminis thamesis ) convocant , &c. unde salubriter constitutum est in hac synodo ut pro duobus episcopis quorum unus wintoniae , alter sireburniae sedem habuit , quinque crearentur antistites , ne grex domini pastorum cura orbatus luporum lanienae & voracitati subjicerentur ; and there were several other laws then made . william of malmsbury expresseth the saxon wittena gemott thus , generalis senatus & populi conventus & edictum . sir henry spelman : convenere regni principes tam episcopi quam magistratus liberique homines , consulitur de communi salute , de pace & bello & de utilitate publica promovenda . camden thus : quod saxones olim wittena gemot , nos parliamentum , & pananglicum recte dici possit , summamque & sacrosanctam authoritatem habet in legibus ferendis , confirmandis , antiquandis , interpretandis & in omnibus quae ad reipublicae salutem spectant . and so we find edward the confessor reforming and confirming the antient saxon laws , and making new ones , and that done à rege , baronibus & populo , as particularly in the law de apibus , how tythes ought to be paid of them , and other things . hence it is apparent and past all contradiction , that the commons in those ages were an essential part of the legislative power , in making and ordaining laws , by which themselves and their posterity were to be governed , and that the law was then the golden metwand and rule which measured out and allowed the prerogative of the prince and liberty of the subject , ( and when obstructed or denied to either , made the kingdom deformed and leprous . ) that great monarch aethelstan , in his prologue to his laws , made per commune concilium regni , thus declared and admitted ; ea mihi vos tantummodo comparatis velim quae juste ac legitime parare possitis . neque enim mihi ad vitae usum quicquam injuste acquiri cupiverim , etenim cum ea ego vobis lege vestra omnia benigne largitus sim , ut mea mihi vos itidem concedatis . i have past over the danish government , because i do not find that there was any great mutation , either of the council or laws of the english nation . it is true , king knute obtained the diadem or dominion of england ; but 't is as true he did not govern more victoris , as may evidently be proved , 1. from the form of penning his laws , they being ordained and confirmed , cum consilio & decreto archiepiscoporum , episcoporum , abbatum , comitum , aliorumque omnium fidelium , words of a large comprehension . 2. from his general law , or declaration of right to the english thus delivered to us by a faithful historian , william of malmesbury , who lived near those times . obtestor & praecipio meis consiliariis quibus regni consilia credidi , ne ullo modo aut propter meum timorem aut alicujus potentis personae favorem , aliquam injustitiam , amodò consentiant vel faciant pullulare in omni regno meo . praecipio etiam omnibus vicecomitibus & praepositis universis regni mei sicut meam volunt habere amicitiam aut suam salutem , ut nulli homini nec diviti vel pauperi vim injustam inferant , sed omnibus tam nobilibus quam ignobilibus sit fas justa lege potiundi , à qua nec propter favorem regium nec propter alicujus potentis personam , nec propter mihi congerendam pecuniam ullo modo deviant ; quia nulla mihi necessitas est , ut iniqua exactione pecunia mihi congeratur . after which the historian sayes : omnes enim leges ab antiquis regibus & maxime ab antecessore suo ethelredo latas sub interminatione regiae mulctae perpetuis temporibus observari praecepit , in quarum custodia etiam nunc tempore bonorum sub nomine regis edwardi juratur , non quod ille statuerit sed quod observaverit . 3. under the normans . king william the first . though william the conqueror got the imperial crown of england , and introduced several arbitrary laws , as new tenures , &c. yet did he never make such an absolute conquest , nor did the kingdom receive so universal a change , as our english modern authors ( as it were by a general consederacy , without examination of truth ) have published to the world , who father upon this revolution all the alterations which their conceits or fancies can imagine and suppose . thucydides saith , men receive the report of things , though of their own country , if done before their time , all alike , from one as from another , without any examination ; in like manner have those our historians been mistaken , by transcribing and patching out their histories one from another , so that in conclusion , with their own additions or comments , truth in many things is utterly lost . 1. the word conquestor or conqueror , did not in that age import or signifie what our late authors by flattery have since made it ; nor did it carry with it the enslaving of the nation , after that william had obtained the victory against harold , there being no more in the denomination of conqueror , than that after william had made claim to the crown from king edward the confessor , and harold opposed him , he was forced to get his right by battel against king harold ; and as to the word conquestus or conquest , mat. paris writes , rex angliae ex conquestu dicitur tamen , quod beatus edwardus , eo quod haerede caruit , regnum legavit willielmo bastardo duci normannorum . sir henry spelman in his glossary sayes , willielmus primus conquestor dicitur quia angliam conquisivit , i. e. acquisivit , purchased , non quod subegit . and sir john skene clerk of the register council , and rolls to king james in scotland , in his book , de verborum significatione , pag. 39. writes conquestus signifies lands quhilk ony person acquiris , and possessis privato jure , vel singulari titulo vel donatione vel singulari aliquo contractu . and therefore the learned knight , sir roger twi●den , who well understood the force of the word conquestus , in his preface before that kings laws , sayes , non existimo willielmum primum de omnium anglorum terris ad voluntatem suam & pro libitu in modum absolutae dominationis disposuisse . all which is most plain and justified infallibly by doomesday book , made in that kings reign , and in other subsequent records , where the title and claim of many common persons to their own and ancestors possessions , both in his time and in the time of the saxon kings , are clearly allowed ; but if king william had made an absolute and universal conquest of the realm in the modern sense , how could such titles have held , or who would or durst have made such claim , even against the king himself ? would he not have seized all into his own hands , and granted the conquered lands to others ? and his grant could not have been avoided by any englishman who had the inheritance and possession , and lived in peace before and at his coming in , and no title could be derived but from or under him , at least none could have been maintained against his grant. but that the contrary was true , will evidently appear if we consider , 1. that it is recorded in doomesday book , that king william had certain lands in demesne , viz. the lands which were in the hands of king edward , and entitled terrae edwardi regis , and other lands , which were forfeited to him by those who took part with harold , entitled terrae regis . 2. william the first having given away sharnborn in norfolk , to warren a great favourite , one of his normans ; edwinus de sharnborn , being an englishman , and true owner of the estate , demands his right in open court , before the king , upon this reason of law , that he never was against the king , either before or after he came in ; whereupon the king , vinculo juramenti astrictus , gave judgment of right against the norman , and sharnborn recovered the lordship . sir henry spelman out of an antient manuscript concerning the family of the sharnborns in norfolk , hath it thus . edwinus de sharborne & quidam alii qui ejecti fuerunt è terris suis , abierunt ad conquestorem & dixerunt ei quod nunquam ante conquestum , nec in conquestu nec post fuerunt contra ipsum regem in consilio & auxilio , sed tenuerunt se in pace . et hoc parati sunt probare quo modo ipse rex vellet ordinare . per quod idem rex fecit inquiri per totam angliam si ita fuit , quod quidem probatum fuit : propter quod idem rex praecepit ut omnes qui sic se tenuerunt in pace in forma praedicta , quod ipsi rehaberent omnes terras & dominationes suas adeo integre & in pace ut unquam habuerunt vel tenuerunt ante conquestum suum . this is cited almost as the only case or act of favour the conqueror did ; but that is a great mistake , for many other instances i could give of this nature , all acts of justice and right , as appears in doomesday book ; much more may be said upon this subject . i will only add the judicious assertion of a great lawyer and judge in edward the thirds time , admitted and agreed as a rule of law and truth , by the judges , and transmitted to posterity . le conqueror ( saith he ) ne vient pas pur ouster eux , qui avoient droiturell possession , mes de ouster eux que de lour tort avoient occupie ascun terre en desheritance del roy & son corone . it was spoken upon an objection made in a quo warranto against the abbot of peterborough , concerning a charter granted by king edgar to that abbey , which the kings council would have avoided upon this pretence for want of a better , because by the conquest all franchises were devolved and come to the crown . 2. king william claimed the english diadem , jure haereditario , from edward the confessor , which both his own laws , charters , and the charters of his two sons william and henry , do fully prove : there are some indeed that mention that he obtained the crown , ore gladii , but that must be understood quod jure belli contra harolaum ipse acquisivit , as a manuscript historian sayes . 3. he did not make an actual conquest by his arms ( when he came in ) of the fifth part of the nation , for the pope having sent him a consecrated banner , and a bull of excommunication against the bishops and clergy , if they opposed him in adhering to king harold , and he having got the victory at hastings , and the clergy with several of the nobility ( whom he had purchased to his part , both by money and great assurances of preferment and other advantages ) basely and treacherously deserting edgar etheling , a soft and weak prince , yet right heir to the crown ; at length upon williams declaring that he would confirm the laws of saint edward , he was electus à clero & populo , and with all the ceremonies and solemnities then in use , was crowned at westminster , the whole nation submitting to him . but hear what the historians of those times say . londoniam convenientibus francis & anglis ( ad nativitatem domini ) illisque omnibus concedentibus coronam totius angliae & dominationem suscepit . die ordinationi decreto locutus ad anglos condecenti sermone eborac . archiepiscopus sapiens , bonus , eloquens , an consentirent eum sibi dominum coronari inquisivit , protestati sunt hilarem consensum universi minime haesitantes , ac si coelitus unâ mente datâ unâque voce anglorum voluntati quam facillime normanni consonuerunt sermocinato apud eos a● sententiam percunctato à constantini praesule , sic electum consecravit archiepiscopus , imposuit ei diadema ipsumque regio solio , &c. ante altare s. petri apostoli coram ciero & populo jurejurando promittens se velle sanctas dei ecclesias & rectores illarum defendere necnon & cunctum populum sibi subjectum juste & regali providentia regere , rectam legem statuere & tenere , rapinas injustaque judicia penitus interdicere . exacto prius coram omni populo jurejurando quod se modeste erga subditos ageret & aequo jure anglos & francos tractaret . pursuant to all which , and to fix himself more sure in that his new-got chair of soveraignty , he by his magna charta , or great charter , grants and confirms the laws of edward the confessor . willielmus etiam rex cui sanctus edwardus regnum contùlit , leges ipsius sancti servandas esse concessit , saith sir henry spelman . but now we will set down a branch of the charter , which runs thus . volumus etiam ac firmiter praecipimus & concedimus ut omnes liberi homines totius monarchiae regni nostri praedicti habeant & teneant terras suas & possessiones suas bene & in pace , libere ab omni exactione injusta & ab omni tallagio . ita quod nihil ab eis exigatur vel capiatur nisi servitium suam liberum quod de jure nobis facere debent & facere tenentur & prout statutum est ets & illis à nobis datum & concessum jure haereditario imperpetuum per commune concilium t●tius regni nostri pr●di●●i . from all which it must necessarily be granted , 1. that this statute or law , was made per commune concilium totius regni . 2. the magna charta of w. 1. h. 1. king stephen , h. 2. and king john ( the last of which sayes , nullum scutag●um v●●●●●xilium ponam in regno nostro 〈◊〉 per commu●● co●silium regni ●●stri , the same in substa 〈…〉 with the great charter of william 〈◊〉 . ) was but 〈◊〉 resti●●●●on and declaration of the antient common law and right of the kingdom , and no law introduced de novo , or forced upon king john at running-mead , to the disinberison of the crown , and which by their several sacred coronation oaths they had so solemnly sworn inviolably to observe and keep . 't is true indeed king william the first gave away the estates of several of those who were in arms against him , to his adventurers and followers , but the rest of the english ( as well by his coronation oath , as by a solemn ratification of st. edwards laws in a parliament in his fourth year ) were to enjoy their estates and the benefit of those laws ; but that being not done in the general , and the english ( who declared à majoribus didicisse aut libertatem aut mortem ) being opprest by the king and normans , begun to be very uneasy under his government , so that things were brought , to that pass , that he vehemently feared , ne totum regnum turpiter amitteret etiam trucidatus ; to obviate which mischiess in the seventh year of his reign , ( for so i take it , ) by the policy of lanfrank archbishop of canterbury , serena facie vocavit eos , i. e. the english , ad pacem sed subdolam , who meeting at berkhamsted , post multos disceptationes , both parties came to a second-compact , and the king to give them satisfaction , reiterated his coronation oath , and swore upon the holy evangelists and reliques of st. alban , bonas & approbatas antiquas regni leges quas sancti & pii angliae reges ejus antecessores & maxime rex edwardus statuit , inviolabiliter observare , & sic pacificati ad propria laeti recesserunt . rex autem caute propositum suum pallians , perswaded many of the principal of the nobility and gentry to attend him into normandy , where civitatem quae cynomannis , & provinciam ad illam pertinentem maximo anglorum auxilio quos de anglia secum adduxerat , sibi subjugavit , the rest that remained here , he suddenly set upon apàrt , which he durst not attempt when united , multos eorum trucidando , exhaeredando & quamplures proscribendo , leges violans memoratas , & spoliatis anglis pro libitu ac sine judicio curiali depauperatis suos normannos in suorum hominum anglorum * natalium qui ipsum sponte sublimaverunt , provocationem , locupletavit . so that after this time , 't is plain , he bore a heavy hand upon the english , and increased his severity to acts of high injustice and barbarous cruelty , and so gave occasion to historians in future ages , to say , that when he came in , he totally subdued and crushed the nation , nobility , and gentry . yet notwithstanding the great power he took , we meet with some general councils or parliaments in his reign , whereby it appears , that the freemen or commons of england , were there , and had a share in making of laws ; for what could the promised restitution of the laws of edward the confessor signifie , if their wittena gemot , or parliament , the augustissimum anglicarum libertatum asylum & sacra anchora , was destroyed and broken ? for one of the fundamental and principal ends of parliaments , was for the redress of grievances , and easing the oppressions of the people . the mirror of justices , an antient and learned treatise of the law , saith , that parliaments were instituted , pur oyer & terminer les plaintes de tort de le roy , de la roigne & de lour infans , & de eux specialment de queux torts lun ne poet aver autrement common droit , to hear and determine the complaints of the wrongful acts of the king , the queen , and their children , and especially of those persons against whom the subject otherwise could not have common justice . and knighton ( one of our best historians ) writes , quod ex antiquo statuto & consuetudine laudabili & approbata , &c. that by an antient statute and custom , laudable and approved , which no man could deny ; the king was once in the year to convene his lords and commons to his court of parliament , as to the highest court of the whole realm . in qua omnis aequitas relucere deberet absque qualibet scrupulositate vel nota , tanquam sol in ascensu meridiei , ubi pauperes & divites pro refrigerio tranquilliratis & pacis & repulsione injuriarum refugium infallibile quaerere possent , ac etiam errata regni reformare & de statu & gubernatione regis & regni cum sapientiori concilio tractare ; ut inimici regis & regni intrinseci & hostes extrinseci destruantur & repellantur , qualiter quoque onera incumbentia regi & regno levius ad ediam communitatis supportari poterunt . in which court all equity ought to shine forth without the least cloud or shadow , like the sun in its meridian glory ; where poor and rich refreshed with peace and ease of their oppressions , may always find infallible and sure refuge and succour , the grievances of the kingdom redrest , and the state of the king and government of the realm debated with wiser councils , the domestick and foreign enemies of the king and kingdom destroy'd and repell'd , and to consider how the charges and burthens of both may be sustained with more ease to the people . but to return . an. d. 1070. which was in the third and fourth year of william the i. at a general council , or parliament , lanfranc was chosen archbishop of canterbury , eligentibus eum senioribus ejusdem ecclesiae cum episcopis ac principibus clero & populo angliae in curia regis in assumptione sanctae mariae . another author relates it thus . rex mittens propter illum in normanniam fecit eum venire in angliam , cui consensu & consilio omnium baronum suorum omniumque episcoporum & abbatum totiusque populi angliae commisit ei dorobernensem ecclesiam . anno 1072. the king summoned a general council , or parliament , at pinneden in kent , to examine and determine the great cause between lanfranc archbishop of canterbury , and odo bishop of bayeux , earl of kent , because the first , libertatem ecclesiae cantuariensis invaserat , yet judgment went for the archbishop , which mr. selden sayes , was confirmed totius regni assensu , or as eadmerus , stipulatione totius regni . in the fourteenth year of this king , at a general council , or parliament , held at westminster , the king by his charter confirmed the liberties of that church after he had subscribed his own name , with the sign of the cross , adding many of the great clergy and temporal nobility , instead of , cum multis aliis , hath these words , multis praeterea illustrissimis virorum personis & regum principibus diversi ordinis omissis qui similiter huic confirmationi piissimo affectu testes & fautores fuerunt . hii autem illo tempore à regia potestate diversis provinciis & urbibus ad universalem synodum pro causis cujustibet christianae ecclesiae audiendis & tractandis ad praescriptum celeberrimum synodum quod westmonasterium dicitur , convocati , &c. in the margine of the book i find writ this note , nota hic hos omnes convocari à rege sua auctoritate ad causas religionis tractandas tam nobiles de clero quam principes regni cum aliis inferioris gradus , conventio quorum videtur esse parliamentum . and in the year-book of e. 3. above 330. years since , in a case touching the exemption of the abbey of bury from the bishops of norwich , we have mention of a parliament held , en temps de w. conqueror à son parlement . king william the second . king william the first being dead , william his second son , then living , succeeded him in the kingdom ; who designing to prevent his elder brother robert of the crown , finding lanfranc archbishop of canterbury not altogether consenting with him therein , to the compleating his desire , and fearing lest the delay of his consecration might prejudice his desired honor , he begun by giving large gifts and rewards to the people , and as well by himself as all others whom he could engage , fide sacramentoque lanfranco promittere , by his faith and oath to promise unto lanfranc , si rex foret , justitiam , aequitatem & misericordiam se per totum regnum in omni negotio servaturum , he would in all actions observe and keep justice , equity , and mercy , through the whole kingdom ; that he would defend the peace , liberty , and safety of the church , against all men , and also , that he would in and through all things obey the precepts and counsels of the arch-prelate ; thereupon , in regem eligitur & consecratur . but not long after odo bishop of baiox , earl of kent , geffrey bishop of constance , robert earl of morton , roger earl of shrewsbury , and the greatest part of all the norman prelates and nobility in england , entred into a conspiracy to make robert king , and to deliver king william to his brother alive or dead ; and thereupon they took arms : the king hearing these things , and foreseeing his inevitable ruine if the english power did not preserve him , caused the english to be assembled together , and shewed them the treason of the normans , and intreats and begs them to help and defend him , upon this condition , that if they would be faithful to him in that his necessity and distress , he would grant them better laws which they should chuse , and would forbid or interdict all unjust scotts , taxes , or tallages , and grant to all persons their woods and hunting . upon which assurance and promise the english did faithfully assist him , and by thier power valiantly overthrew the normans , and preserved and fixed the crown upon williams head . but whatsoever he promised he kept but a short time , the words of the author are . his auditis rex fecit congregari anglos & ostendit eis traditionem normannorum & rogavit ut sibi auxilio essent , eo tenore ut si in hac necessitate sibi fideles existerent , meliorem legem quam vellent eligere eis concederet , & omnem injustum scott●m interdixit , & concessit omnibus sylvas suas & venationem . sed quicquid promisit , parvo tempore custodivit . angli tunc fideliter eum juvabant * . 't is therefore evident from hence , that william the second did not claim the crown jure gladii , by the power of the sword , nor did he affirm , that he had a despotical right to make or change laws , ad libitum suum sine assensu regni or parliament . and 't is a great observation to me , that from the pretended conquest to this day , i never read of any king of england that declared and publickly owned any such prerogative or right , but only that miserable and unfortunate prince richard the second , which the parliament roll thus expresseth . item , idem rex nolens justas leges & consuetudines regni sui servare seu protegere , sed secundum suae arbitrium voluntatis facere quicquid desideriis ejus occurreret , quandoque & frequentius quando sibi expositae & declaratae fuerant leges regni sui per justiciarios & alios de concilio suo & secundum leges illas petentibus justitiam exhiberet , dixit expresse vultu austero & protervo quod leges suae erant in ore suo & aliquotiens in pectore suo , & quod ipse solus possit mutare & condere leges regni sui ; & opinione illa seductus quampluribus de ligeis suis justitiam fieri non permisit , sed per minas & terrores quamplures à prosecutione communis justitiae cessare coegit . but far different were the sentiments and judgment of his grandfather great edward the third , who tells us : because , that by divers complaints made to us , we have perceived that the law of the land , which we by our oath are bound to maintain , is the less well kept , and the execution of the same disturbed many times by maintenance and procurement , as well in the court as in the country ; we greatly moved of conscience in this matter , and for this cause desiring as much for the pleasure of god , and ease and quietness of our subjects , as to our conscience , and for to save and keep our said oath , we have ordained , &c. and wise king james saith , that not only the royal prerogative , but the peoples security of lands , livings , and priviledges , were preserved and maintained by the antient fundamental laws , priviledges , and customs of this realm , and that by the abolishing or altering of them , it was impossible but that present confusion will fall upon the whole state and frame of this kingdom . and his late majesty of ever blessed memory , was of the same mind and opinion , when he said , the law is the inheritance of every subject , and the only security he can have for his life , or estate , and the which being neglected or dis-esteemed ( under what specious shew soever ) a great measure of infelicity , if not an irreparable confusion , must without doubt fall upon them . henry the first . after the death of king william , the magnates angliae , not knowing what was become of robert duke of normandy , eldest brother of the deceased king ( the said duke having been absent for five years in a voyage to the holy land ) were afraid to be long without a king , which henricus fratrum ultimus & juvenis sapientissimus cum callide cognovisset , congregato londoniis clero angliae & populo universo promisit emendationem legum quibus oppressa fuit anglia tempore patris sui & fratris nuper defuncti , ut animos omnium in sui promotionem accenderet & amorem , ut illum in regem susciperent & patronum ; to which it was generally answered , that if he with a willing mind would grant , and by his charter confirm to them , illas libertates & consuetudines antiquas , which their ancestors enjoyed in the time of edward the confessor , in ipsum consentirent & in regem unanimiter consecrarent . henry willingly granted this , and taking an oath , that he would perform it , consecratus est in regem , at westm. upon lady day , favente clero & populo , and so forthwith he was crowned by maurice bishop of london and thomas archbishop of york . after such his coronation , he granted and confirmed to the nation , for the advancement of holy church , and preservation of the peace of his people , a charter of their antient liberties . the charter the reader may find in that industrious revivor , and restorer of decayed and forgotten antiquities , mr. lambard , as also in matth. paris . where it appears , that the archbishops , bishops , barons , earls , vicounts , or sheriffs , & optimates totius regni angliae , were witnesses to the charter . and that at the coronation of the king , those laws were made , de communi consilio & assensu baronum regni angliae , by the common advice and assent of the barons of england . it being usual in succeeding ages , at the coronations of our english kings , to confirm , make , and ordain laws , de assensu baronum regni , per commune concilium regni , or parliament . i shall from hence observe two things . 1. that these laws were granted and confirmed , assensu baronum regni , or baronagii angliae , there being a clear difference between barones regis , and barones regni , as appears in the very bowels of those laws and elsewhere ; for the k. saith , si quis baronum nostrorum , &c. but who were comprehended under those first phrases , mr. camden will tell us , nomine baronagii angliae omnes quodammodo regni ordines continentur , and so the commons as we now call them , were there and assented to those laws . 2. clero & populo universo angliae congregatis . we read king stephen assensu cleri & populi in regem angliae electus , & per dominum papam confirmatus , 10 h. 2. congregato clero & populo regni , or as fitz-stephens , generali concilio , the king made the assise or statute of clarendon , which council the learned selden calls a full parliament . king john was crowned mediante tam cleri quam populi unanimi consensu & favore . anno 50 h. 3. per providentiam cardinalis , meaning the popes legate , apud kenilworth clerus & populus convocantur , which the patent roll of that year thus confirms . the king a le request de honourable pier sire ottobon legat d'engleterre son parlement eust sommons à kenilworth ; where the statute or dictum de kenilworth , was made between the king and his communante , or parlement . rex primo , postmodum clerus & populus juraverunt quod dictum inviolabiliter observarent . thus have i at length , i hope , fully ascertained and explained the historians phrase , clerus & populus , and proved it to be a parliament from the pat. roll of h. 3. yet i do not think that the lords temporal only were the populus , nor the lords spiritual the clerus ; for i agree with dr. heylyn , that there is no record , either of history or law ( which i have observed ) in which the word clerus serves to signifie the archbishops , and bishops , exclusive of the other clergy , or any writing whatsoever , wherein it doth not either signifie the whole clergy generally , or the inferior clergy only , exclusive of the archbishops , bishops , and other prelates ; and 't is my opinion as far as i can find , that the word populus following clerus , was , thema universale in significando , and comprehended as well the commons as the lords , and indeed the subject matter of the historians speaks it . william the second , henry the first , king stephen , and king john , were to be elected and created kings of england , having no hereditary right , 't was but reasonable then , and according to the laws and precedents of other countries in like cases , quod omnes tangit ab omnibus approbari debet , and so was the solemn resolution of both lords and commons in the parliament , 40 e. 3. that neither king john , nor any other , could put the realm or people of england into subjection , sanz assent de eux , without their assent , or as the parliament 29 h. 3. declared , sine assensu regni , or as malmesbury says , in vita willielmi primi , absque generali senatus & populi conventu & edicto . but now to close the reign of henry the first , i will out of that excellent historian matthew paris transcribe the oration , or speech of that king to the common council or parliament , in the seventh year of his reign , his elder brother robert duke of normandy , then claiming the crown of england , and ready to invade this nation with a great force ; the speech of the king , the learned monk thus delivers to us . magnatibus igitur regni ob hoc londoniam edicto regio convocatis rex talibus alloquiis mel & favum oleumque mellitis & mollitis blandiens dixit : amici & fideles mei indigenae ac naturales , nostis veraci sama referente , qualiter frater meus robertus electus & per deum vocatus ad regnum hierosolymitanum foeliciter gubernandum , & quam frontosè illud infoeliciter refutaverit , merito propterea à deo reprobandus . nostis etiam in multis aliis superbiam & ferocitatem illius ; quia vir bellicosus , pacis impatiens est , vosque scienter quasi contemptibiles & quos desides vocat & glutones conculcare desiderat . ego vero rex humilis & pacificus vos in pace in antiquis vestris libertatibus , prout crebrius jurejur ando promisi , gestio confovere , & vestris inclinando consiliis consultius ac mitius more mansueti principis sapienter gubernare , & super his ( si provideritis ) scripta subarata roborate & iteratis juramentis praedicta certissime confirmare , omnia videlicer quae sanctus rex edwardus deo inspirante providè sancivit inviolabiliter jubeo observari , ut mecum fideliter stantes fratris mei immò & mei & totius regni angliae hostis cruentissimi injurias potenter , animose ac voluntarie propulsetis . si enim fortitudine anglorum roborer , inanes normannorum minas nequaquam censeo formidandas . talibus igitur promissis , quae tamen in fine impudenter violavit , omnium corda sibi inclinavit , ut pro ipso contra quemlibet usque ad capitis expositionem dimicarent . this speech to me is another strong confirmation and argument against the norman conquest , for 't is luce clarius , 1. that king henry the first did not pretend to hold the crown jure victoris . 2. that the english were not totally subdued and destroyed by his father william the first . 3. that the son ( as well as the father ) had several times solemnly sworn to the inviolable observance of the laws of st. edward or of the saxon government . 4. king henry does not depend on the normans that came in with his father , no , it was upon the english common council , or parliament ; nor did he call them vassels and slaves , but amici & fideles mei naturales , in them he fixt his only hope and assurance , both for their fidelity and courage , and believed that they would ( as indeed they did ) preserve and defend his crown and life against the great power and policy of his and the kingdoms most bloudy enemies , who were ready to invade both with a mighty army ; it being then prudentially and politickly resolved unanimously in parliament , not to permit , or suffer the duke to land here , but to fight him in his own country , which the english then did ( forty years after the coming in of william the first ) and at one battle not only totally conquered and overthrew the normans , but took robert their duke prisoner , and thereby put a period to the dangers and fears of king henry the first , and in despite of the french power , set the ducal crown of normandy upon the head of king henry an english-man : and after robert had remained for some time in prison , at last to conclude the catastrophe of his unhappy life , he had his eyes burnt out of his head , and so by a sad fate left all to the english king. from all which authorities and reasons , under correction , it is sufficiently evidenced , that in the brittish , saxon , and norman governments , the commons ( as we now phrase them , ) had votes , and a share in the making and enacting of laws for the government of the kingdom , and that they were an essential part of the commune concilium regni , wittena gemot , or parliament , before and after the supposed conquest by king william the first . having thus concluded my preface , i shall now diligently apply my self to discuss that grand point touching the introduction of the commons into our great council , or parliament , as represented by the knights , citizens , and burgesses , being indeed the principal work i intended , and was finished before this preface ; the difficulty of which cannot be well judged of but by those who have undertaken subjects of like intricacy ; for i have at a great charge , and expence of time , and without any mans assistance or help , out of the dark and neglected paths of antiquity , endeavoured to make truth publick and general , and ( with submission ) i hope it will appear , that i have rescued from the force and power of a dangerous growing errour , the just and ancient rights and priviledges of our ancestors , in a matter of the highest moment and concern , which is impartially debated in the ensuing discourse ; a subject , whereof ( to the best of my knowledge ) no author hitherto hath so particularly treated . a discourse wherein is proved , that the commons of england were an essential part of the parliament before the 49 th of hen. 3. several great and learned authors of our age having in their works and writings frequently published , and asserted to the world this position as an unquestionable truth , that the commons in parliament ( as distinguished from the lords ) compounded of knights , citizens , and burgesses , had their first birth and beginning by rebellion , an. 49 h. 3. and that too after the battle of lewes , when the barons had the king and prince in their power as prisoners , and exercised regal authority in his name : the consideration and consequents thereof raised in my mind a great desire seriously and impartially to enquire into so important a point of antiquity ; and the better to satisfie both my own judgment , and the judgments of some of my friends , i have run over many records , and historians , both ancient and modern , in print and manuscript , but cannot find any authority or reason to give a colour to so harsh an assertion . i shall therefore , under an humble submission to so eminent antiquaries , endeavour to disprove this notion of 49 h. 3. by these following arguments . 1. from the claim and prescription of the borough of s t albans in the parliament of 8 e. 2. to send two burgesses to all parliaments , sicut caeteri burgenses regni totis retroactis temporibus , in the times of e. 1. and his progenitors ; if so , then in the time of king john grandfather to e. 1. and so before h. 3. 2. from records an o 15 o johannis regis , wherein the citizens and burgesses ( not so numerous then as after , and now ) together with the earls , barons , & magnates angliae , were to give consilium & auxilium ad honorem regis & suum & statum regni , who shortly after met at london , convocatum parliamentum de toto clero , & tota secta laicali , and so within the express prescription of the borough of st. albans . 3. from the solemn resolution and great judgment of both lords and commons in the parliament of 40 e. 3. against the pope , that if king john had an o 14 o of his reign ( which was three years before the granting of his magna charta ) made the kingdom tributary to the pope , he had done it sanz lour assent , which must be understood to be without the consent of the lords and commons , and therefore void . 4. from several records , inter alia , de annis 28 , 32 , 37 , 42 , 48 h. 3. mentioning parliaments then held , and their proceedings , in some of which the word commons is expresly mentioned , as well as the prelates , and magnates , to be part of those parliaments . 5. from an act of parliament 2 h. 5. that famous prince , where it is declared and admitted , that the commons of the land were ever a part of the parliament , and so consequently were part of the parliaments annis 16 , 17 johannis , 28 , 32 , 37 , 42 , 48 h. 3. all within the prescription of the borough of st. albans . 6. from the form of penning of acts of parliament , and expressions in records in 49 , 51 , 54 h. 3. when it is granted that the commons were a part of the legislative power , which agree with the phrases of records of acts of parliament before that time . 7. from the defect and loss of the parliament rolls of h. 3. and e. 1. and from the universal silence of all records , and our antient historians contemporary and succeeding 49 h. 3. till our days . 8. from the various opinions of learned men , in and since h. 8. time , who never dreamed of any such origine , nor was ever heard of , till of late . 9. from comparing of the ancient generale concilium , or parliament of ireland , instanced an o 38 h. 3. with ours in england , wherein the citizens and burgesses were , which was eleven years before the pretended beginning of the commons in england . the first argument . from the claim and prescription of the borough of st. albans , in the parliament of e. 2. to send two burgesses to all parliaments , sicut caeteri burgenses regni totis reretroactis temporibus , in the times of e. 1. and his progenitours , if so , then in the time of king john grandfather to e. 1. and so before h. 3. 1. the burgesses of st. albans in their petition to king e. 2. an o 8 o say , that they , sicut ●●eteri burgenses regni ad parliamentum regis ( when it should happen to be summoned ) per duos comburgenses suos venire debeant , prout totis retroactis temporibus venire consueverunt , tam tempore domini ed. nuper regis angliae patris regis , as well in the time of e. 1. the kings father , & progenitorum suorum , as in the time of e. 2. semper ante instans parliamentum , and declared that the names of such burgesses coming to parliament were always inrolled in the rolls of the chancery ; notwithstanding all which the sheriff of hartford at the procuration and favour of the abbot of st. albans and his council , refused burgenses praedictos praemunire , seu nomina eorum retornare prout ad ipsum pertinuit , &c. and therefore they pray remedy . respons . scrutentur rotuli , &c. de cancellaria , si temporibus progenitorum regis burgenses praedicti solebant venire vel non ? & tunc fiat eis super hoc justitia vocatis evocandis si necesse suerit . i do not think there needs much enforcing this record , since the prescription of sending duos comburgenses ad parliamentum regis , sicut caeteri burgenses regni did , is , that they and their predecessors were always accustomed to send two burgesses to parliament in all former ages , not only in the time of e. 1. but his progenitors ; therefore in king johns time , his grandfather at least , and so before h. 3. and though the answer to the petition , which in that age was given in parliament ( per concilium , or all the judges of england , and others the kings learned council ) say , scrutentur rotuli , si temporibus progenitorum regis ( which may go to the whole reign of king john , as before ) burgenses praedicti solebant venire , vel non ; yet that grave and wise council do not in the least scruple , but clearly admit and confirm the general prescription , that there were boroughs that sent burgesses to parliament , temporibus e. 1. & progenitorum suorum , which goes higher than h. 3. his father ; and it cannot in common reason be supposed , much less believed , that the burgesses of s t albans , or the lawyer or pen-man of the petition , should dare to tell the king and learned council , in the face of a parliament , a novelty so great and ridiculous , and that recorded to posterity by the council , that they and their predecessors , in the time of e. 1. and his progenitors , had sent two burgesses to every parliament , when all the world then knew ( if the modern opinion be true ) that there was never any election of any burgesses to parliament before the 49 h. 3. which was but 50. years before 8 e. 2. and at the time of the petition fresh in their own memories . no , surely the burgesses of s t albans did not ground their petition of right upon a general allegation , or an affirmation in nubibus ; but the justice and certainty of their claim , as they themselves very well knew , so they prayed it might be examined and tried by uncontroulable witnesses , records , the rolls of chancery . the chancellor and the rest of the council , did no less know there were such rolls , and therefore order the search ; but if the petition had been notoriously false and idle , instead of recording it to future ages , they would with contempt and scorn have rejected it , nor would the great abbot of s t albans , his council , and the sheriff of hertford , against whom the petition was exhibited , have been wanting in their own defence , to have shewed and proved that this antient prescription was a meer chimaera , and fable ; no , they all were well satisfied , that the borough had sent two burgesses to every parliament , in the time of e. 1. and his progenitors , and therefore it was in vain to oppose or contradict their just and antient right , according to their prescription ; all which appears clearly by this , that both before the time of the petition , and ever since , they have sent two burgesses to every parliament . the second argument . from records an. 15 johannis regis , wherein the citizens and burgesses , ( not so numerous then as after , and now , together with the earls , barons , & magnates angliae , ) were to give consilium & auxilium ad honorem regis & suum & statum regni , who shortly after met at london , convocatum parliamentum de toto clero & tota secta laicali , and so within the express prescription of the borough of s. albans . i am not ignorant that some have dated the origine of the commons being a part of the parliament , from the parliament of runningmead , 17 o reg. joh. it may therefore be worth our pains to observe this great record following , and to consider whether from thence may not be proved this conclusion : that 〈◊〉 great cities and boro 〈…〉 s of the ●ingdom ( not so 〈…〉 merous then as after and now ) in the 16 o of king john , before the granting of his magna charta , or 〈◊〉 confirming the antient laws in his 17 th year , at runningmead , did send their proxies and representatives , to the commune concilium regni , or parliament ; for it cannot be supposed in reason , that every individual citizen and burgess could come , no more than every parson of a parish to a convocation , or to a meeting of the whole clergy of england . the record saith , that the king being in partibus transmarinis , writes majori & baronibus london . majori & probis hominibus winton . northampt. lincoln . ebor. oxon. glouc. heref. exon. worcestr . cantebr . hunt. bristol . norwich . and all the great boroughs of the demesnes of the king , giving them account of his proceedings and successes in his war against the french , and that the pope had by his letters released the interdict , under which the kingdom then lay , which the king had then sent to peter bishop of winton , chief justice of england ; and therefore desired that they would believe what the bishop should speak to them , that consilium & auxilium vestrum ad honorem nostrum & vestrum & statum regni nostri in melius communicandum efficaciter super hoc apponatis , and that majori festinatione expediretur , teste apud rupellam 6 o die martii . in the same manner he writ to william earl marshal , and to all the earls , barons , & magnatibus angliae , &c. teste apud rupellam 8 o die martii . in order therefore to our proof of a parliament from these records , let us make two observations . 1. negative . 2. affirmative . though the writ be general , and mentions not any time or place for meeting or coming to parliament , or the great council ( the king referring that i suppose to his regent or chief justice here ) yet it cannot be intended that peter bishop of winchester , being then chief justice of england , should go from county to county , city to city , borough to borough , or as our church-wardens do , from house to house , rogare consilium & auxilium ( the proper business of a parliament ) to desire and entreat for their counsel and aid , for the honour of the king , their own , & statum regni , and the safety of the whole kingdom ; surely that had been an imployment fitter for the wandring jew , or johannes de temporibus ; and such counsel must needs have been of a very different and various nature , and both agreeing very ill with the words majori festinatione , and urgency of the contents of the writs . let us then enquire what were the effects and consequents of these writs , and that brings me to the second observation . king john began his reign 6 o aprilis , the writs bear date 6 o & 8 o martii , which was the close of an. 15 o. it may be the winds were very cross , or for some other reason the letters might not so speedily be brought over , or published here , or after the summons there might be above forty days before they met . but sure it is , in the beginning of july , ( after that march ) being the sixteenth year of his reign , we find : nicholaus tusculanensis episcopus & apostolicae sedis legatus per nuntios memoratos domini papae authenticum acceperat . rex anglorum erat in partibus transmarinis , sed quoniam idem rex in recessu suo ab anglia legato jam dicto & willielmo marescallo vices suas in hoc negotio commiserat , idem legatus in urbe londinensi apud sanctum paulum grande congregavit concilium , ubi congregatis archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , & aliis ad hoc negotium interdicti ( the very business of the writs ) spectantibus proposuit coram omnibus formam restitutionis . and the great selden the honour of the inner-temple , or rather as the learned grotius , honos britanniae , to drive the nail home , saith , but we know by what is already shewed , that divers former parliaments were in this kings time ( meaning before the granting of his magna charta , an. 17 joh. ) though the laws made in them be lost . and in the year before the charter also ( which was an. 16 joh. ) the author of eulogium sayes , that convocatum est parliamentum londoniis praesidente archiepiscopo cum toto clero & tota secta laicali , wherein per domini papae praeceptum illa obligatio quam rex domino papae fecerat cum fidelitate & homagio relaxatur omnino , vii ' die julii . having thus proved a parliament in the 16 th of king john , and that the citizens and burgesses had their summons to it , which is remarkable by a writ particular and distinct from that of the lords , viz. the earls , barons , & magnates angliae , i will conclude this argument with the statute of 5 r. 2. cap. 4. where it is enacted by the assent of the prelates , lords and commons , that all and singular persons and communalties , ( be he archbishop , abbot , prior , earl , baron , &c. ) which should have a summons to parliament , should come from thenceforth to the parliaments in the manner as they were bounden to do , and had been accustomed within the realm of england of old times ; and if they did absent themselves , and came not , he and they should be amerced , or otherwise punished according as of old times had been accustomed to be done : from hence i shall observe , 1. that there were summons to parliament of old times , as well to the commonalties , that is , the citizens and burgesses ; as to the archbishops , bishops , abbots , priors , earls and barons ; and so the statute may seem to affirm the prescription of s t albans , that saith , that they had sent duos comburgenses sicut caeteri burgenses regni did to every parliament totis retroactis temporibus before e. 1. and his progenitors . 2. that the phrase of old times is in point of prescription and antiquity applied equally , and without distinction or limitation , as well to the great lords , as commons ; but if the first had of old times , as our modern authors write , been the only constituent parts of the parliament , it might in reason and prudence be thought , they would not have consented to have admitted that summons to parliament ; for the commons was coeval with theirs ; nor would they have ratified and confirmed by a solemn act the protestation or declaration of right of the commons of england in the parliament , 2 h. 5. n. 10. that the commons had ever been a member of the parliament , and that no statute or law could be made without their assent . 3. that if the lords and commons absented themselves , and came not to parliament , they should be amerced , or otherwise punished as of old times had been accustomed to be done ; this branch plainly agrees , 1. with the modus tenendi parliamentum , written as m r selden saith tempore e. 3. that the first day the burgesses and citizens should be called , and if they did not come , they should be amerced ; and so m r prynn mistakes in his animadversions , when he saith , that no absent lord was fined before 31 h. 6. 2. it appears , ex vi terminorum , of old times it had been so accustomed to be done ; that this prescription may well be applyed to the parliament of 16 joh. and long before ; for the statute of magna charta , 17 of that king , saith , civitas london habeat omnes libertates suas antiquas ; by force and vertue of which word , antiquas , their old or ancient liberties and customs ( not only confirmed by the magna charta of william the first , but used even in the saxon times , and before ) were in parliament ratified and confirmed . the third argument . from the solemn and great judgment of both lords and commons in the parliament of 40 e. 3. against the pope , that if king john had an. 14. of his reign , which was three years before the granting of his magna charta , made the kingdom tributary to the pope , he had done it sanz lour assent , which must be understood to be without the consent of the lords and commons , and therefore void . king john an. 14. of his reign made himself and crown tributary to the pope . but anno 40 e. 3. the prelats , dukes , counts , barons , and commons ; upon their full deliberation in parliament , resolved with one accord , that neither the king , nor any other , could put the realm nor people thereof into such subjection , sanz assent de eux , without their assent , viz. as well of the commons , as of the lords : and that it appeared by many evidences , that if he had so done , it was done sanz lour assent , and contrary to the coronation oath . and if the pope attempted any thing against either ( having at the instance and sollicitation of the french king , threatned to interdict or out-law both ) king and kingdom ; they would oppose and resist him , ove tout lour puissance . the observations i shall make from this great judgment shall be two . 1. that above 300. years ago , there was not the least scruple or fancy , that the commons of england , of which the citizens and burgesses were then undoubtedly a part , ought not , and were not to be present in the commune concilium regni , or parliament of king johns reign , and to have assented to that kings resignation , an. 14. to make it legal and valid , as well as the prelates , earls , and barons . 2. if the commons had never been a part of the parliament before 49 h. 3. but that the king and great lords only made laws , and had an inherent power ( as some of our modern writers say ) to tax the whole kingdom , de alto & basso ad libitum suum jure repraesentationis ; surely they would not have left recorded to posterity so great a testimonial of the antiquity and right of the commons of england ( then so distinguished from the great lords ) as is expressed in the roll : may it not then be admitted they spoke nothing but what was an undisputable truth , in diebus illis , unless we must believe , that the great and learned authors of this age , better understand the constituent parts of the communia concilia , or parliaments of king johns time ( and so upward ) above 460. years since , than the whole parliament of 40 e. 3. the parliaments of their grand-fathers time , as was the reign of king john. and indeed this famous resolution was no other than a declaration of the antient common law of the land before the norman duke gained the imperial crown of england , as appears by king harolds answer to his ambassadors , requiring the performance of the kings oath to take the dukes daughter to wife , and to preserve the crown for him . de regno addebat praesumptuosum fuisse , quod absque generali senatus & populi conventu & edicto alienam illi haereditatem juraverit which is recorded by william of malmsbury , lib. 3. p. 56. l. 24. in vita williemi i. an author without all exception , who flourished in the time of h. 1. and therefore could not be ignorant where and in whom the legislative power of england did reside , there being but 33. years from the coming in of the norman duke till the reign of that king , and of this historian the learned balaeus gives this eulogium , vir erat suo seculo in omni genere bonarum literarum plene eruditissimus , & in eruendis antiquitatibus ingenio , diligentia & industria singularis angliae nostrae nationis studosissimus illustrator . upon the death of arthur duke of bretaign , the annals of england tell us , that king john was summoned by the french king , as duke of normandy to appear at his court , and judicially to answer the pretended murder of arthur his nephew ; whereupon the bishop of ely , and hubert de burgo , after earl of kent , and chief justice of england , nuntii solemnes & prudentes , were sent to the french king , to whom the bishop thus spake , domine rex non possit dux normanniae ad curiam vestram venire , nisi veniret rex angliae , cum una persona sint dux & rex . quod non permitteret aliquo modo baronagium angliae , etsi ipse rex hoc vellet . so careful was the baronage or parliament to preserve the antient rights , safety , and honour of the king and kingdom , an. 3 joh. before any difference happened between him and his subjects . anno 29 e. 1. the king sent ambassadors to the french king , ut quid de truga , de guerra , & de pace deliberasset , nunciaret , and was answered , se non posse sine duodecim paribus qui occupati fuerunt circa novam guerram tam ardua tractare , but that he expected their coming in fifteen daies . quo tempore transacto , ipsis consentientibus , they declare that they could not determine thereof , inconsultis secum scotis . whereupon those ambassadors returned . igitur convocato parliamento londoniis , recitatisque frustratoriis dilationibus & falsis machinationibus praedictorum , ambassadors were again sent , and received this answer : quod rex angliae adveniret personaliter , & inter duos reges de optima pace conveniretur : whereupon the king of england , aliud habuit parliamentum , in quo talia recitata displicuerunt , & ex totius regni concilio ( or parliament ) definitum est , regem pro aliquo mandato vel suggestionibus ab anglia egredi non debere . from what hath been said , the reader may easily observe , 1. that the weighty and great affairs which concerned the king and kingdom , both in the saxons time , and after , were by a fundamental principle and law of the nation to be consulted of , and resolved in the communia concilia , or parliaments , and that no particular person or order of men did take upon them such power , sine consensu regni : and this h. 3. and his council well knew , when he told otto the popes nuntio , quod solus non potuit definire , nec debuit negotium , quod omnes cleri●os & lai●os generaliter totius regni tangebat , which e. 1. and his council in the 23 th year of his reign thus confirms , quod omnes tangit , ab omnibus approbetur . 2. that the generalis senatus , & populi conventus , & edictum , or saxon wittena gemott , the baronagium angliae , in king johns time , and the concilium regni , or parliamentum , in the reign of e. 1. were verba synonyma , differing in phrase , but one and the same assembly in substance . the fourth argument . from several records , inter alia de annis 28 , 32 , 3● , 42 , & 48 h. 3. mentioning parliaments then held , and their proceedings , in some of w 〈…〉 the word commons are expresly mentioned , as well as the prelates & magnates , to be part of those parliaments . the general council at runningmead , held 17 j●● . is 29. years after , and 20. years before 49 h. 3. called parliamentum de runemed . memorandum quod in parliamento a die pasch. in tres septimanas anno regni regis h. 3. 28. london celebrato negotium crucis in anglia una cum collectione decimae benefi●●●rum ecclesias●●corum domino regi in subsidium terrae sanctae à sede apostolica deputat . was treated of . an utlary against william de hastingcott , was reversed , and he restored to all he had lost thereby , and this done coram rege & toto parliamento . inter communia hilar. 17 e. 3. penes rememoratorem domini regis in scaccario , it appears in a plea between the king and the prior of coventry , that 29 & 32 h. 3. quaedam subsidia per magnates & communitatem regni spontanea & mera voluntate regi concessa ( or as bracton phraseth it , ex consensu communi totius regui , being one and the same with magnates & communitas , ) towards the marrying of the kings eldest daughter , and also the kings sister to frederick the emperour , which was done in parliament ; for the close roll of that year tells us of a parliament , consideratum fuit in curia nostra & toto parliamento nostro , &c. in a parliament 37 h. 3. ( for so mat. westm. calls it , pag. 352. ) rex , magnates & communitas populi protestantur publice , that they would never consent to any thing in the grand and terrible excommunication then to be pronounced by the clergy against the infringers of magna charta , contra consuetudines regni antiquas & usitatas , in cujus rei testimonium & imposterum veritatis testimonium , as well the king as the earls of norff. heref. fssex ad warwick , as peter de sabaudia , at the instance and desire aliorum magnatum & populi praesentium scripto sigilla sua apposuerunt . rex &c. cum nuper in parliamento nostro oxon. communiter fuit ordinatum quod omnes excessus & injuriae factae in regno nostro inquirentur per quatuor milites singulorum comitatuum , ut cognita inde veritate facilius corrigantur , &c. i have an abridgment or abstract of the rolls of this parliament , writ by the hand of mr. elsing , late clark of the parliament , who saith , my lord coke had it ; and some of the proceedings therein mentioned , i have found in the exchequer enrolled at that time . the articles of peace à domino rege & domino edwardo , praelatis & proceribus omnibus & communitate tota regni angliae communiter & concorditer approbata , were sealed by the bishop of lincoln , the bishop of ely , earl of norff. earl of oxon , humphry bohun , will. de monte canisio & major london in parliamento london mense junii , anno domini 1264. de consensu , voluntate & praecepto domini regis , nec non praelatorum , baronum ac etiam communitatis tunc ibidem praesentium . and not only so , but that record tells us , quod quaedam ordinatio facta in parliamento london habito circa festum nativitatis sancti johannis baptistae proxime praeteritum pro pace regni conservanda . and we read in another record , rex &c. cum super praeteritis guerrarum discriminibus in regno angliae subortis , quaedam ordinatio seu forma pacis de nostro praelatorum , baronum & totius communitatis regni praedicti unanimi voluntate & assensu provida deliberatione inita fuerit , &c. ●n cujus rei testimonium huic scripto nos rex angliae , comes leyc . & glouc. jo. filuis johannis , johannes de burgo sen. will. de monte canisio , henr. de hastings , & gilbertus de gaunt , pro nobis & caeteris baronibus & communitate regni angliae sigilla nostra apposuimus . dat. apud cantuar. die jovis proximè post festum nativitatis beatae virginis , anno 1264. and therefore those that hold that there were no commons , or citizens and burgesses in parliament before 49 hen. 3. would do well to define and ascertain , who the communitas were after the words praelati , barones & magnates , in the before-expressed records . the fifth argument . from an act of parliament , an. 2 h. 5. that famous prince , where it is declared and admitted , that the commons of the land were ever a part of the parliament , and so consequently were part of the parliament annis 16 , 17 joh. 28 , 32 , 37 , 42 , 48 h. 3. all within the prescription of the borough of s. albans . the commons of england , upon their claim or protestastation , had , as their undoubted and unquestionable right , and inherent priviledge , allowed and admitted in parliament , that they had ever been a member of parliament : then were they a member of that 16 joh. before-mentioned , of 17 joh. 28 , 32 , 37 , 42 , & 48 h. 3. and that no statute or law could be made without their assent . the record says , that so as hit hath ever be their liberte and freedome , that thar should no statute , ne law , be made of lass then they yaffe therto their assent , considering that the commune of your lond , the which that is and ever hath be a membre of your parliament , ben as well assentirs as petitioners . yet was the affirmation of the commons no other than a renovation or memorial of the ancient law of the land , as is proved before , and more fully explained and confirmed by the petition to the king and his learned council , and answer thereto in the parliament of 8 e. 2. the record is not unworthy of a serious perusal . erchevesque evesque prelatz , counts , barons , & autre gentz de la comunyalte dengleterre que tiegnent lour manoirs en chief de nostre seigneur , as well within the forest as without , to which mannors they had gasz ( wast ) appendant , dont les seignourages avantditz arentunt , by the acre , half acre , & per rode en approvaunt lour manoirs . whereupon the ministers of the king made seisure thereof , pur ceo qu' eux ne unt la licence le roy d'entrer . therefore they pray , that they may approver leur manoirs & le povre pueple eyser , &c. responsum in dorso , il ne put estre fait sanz novele ley la quele chose fere la comunalte de la terre ne vult my uncore assentir , infra , coram rege . from hence i make these observations . 1. it proves that the law could not be altered without consent of the commons of england , though in a case particular to the king , as this was , for the petition was coram rege ; nor could the king and commons , without the lords . for e. 3. per avys des prelatz & grauntz de la terre fist respondre as les petitions des communes touchantes la leye de la terre , que les leyes eues & useez en temps passez , ne le processe dycelle useez cea en arere , ne se purrent changer sanz ent faire novel estatute , which as then they could not attend , but shortly would . 2. that they ought to agree to all new laws , and that no statute could be made without their assent . it is then remarkable , 1. that the commons of england , as now we stile them , gave their suffrage and vote in the enacting and making of all statutes and laws in the time of the progenitors of h. 3. which taken extensivè , is a very large prescription of right , for that king by the statute of assisa panis & cervisiae , made after 49. when it is pretended the commons began , viz. an. 51. tells us , that at his parliament held the first year of his reign , he had granted that all good statutes and ordinances , made in the time of his progenitors , and not revoked , should still be held . 2. but admitting the word progenitors be restrained to two , which i conceive was never intended by the law-makers , yet it cannot be denyed but that the statute of magna charta , for so it is called 5 h. 3. fitz-herb . abrid . tit . mordaunc . n. 53. and by fleta , lib. 1. cap. 28. and all other statutes made at least , temporibus johannis & ricardi i. father and uncle of henry the third , had the assent of the commons in parliament , to make them laws . now the word progenitors in the statute , must i conceive go higher than ric. 1. for bracton a learned judge , who flourished in the time of henry the third , and so by a reasonable computation of time , may be supposed to have lived in the latter end of the reign of ric. 1. or beginning of king john's , after he had declared to posterity that he had bent his mind , ad vetera judicia perscrutanda diligenter non sine vigiliis & labore , and whatsoever he found notatu dignum , he reduced in unam summam perpetuae memoriae commendanda , concludes this point thus . cum legis vigorem habeat quicquid de consilio & de consensu magnatum & reipublicae communi sponsione authoritate regis sive principis praecedente justè fuerit definitum & approbatum . and so just and excellent was the ballance of the constitution of our legal government , in preventing any order or rank of the subjects , to impose upon or bind the rest without their common consent , and in conserving as it were an universal liberty and property to every individual degree of men , from being taken from them without their assent , as the county palatine of chester , ab antiquo were not subject to such laws to which they did not consent ; for as well before the conquest of england , as after , they had their commune concilium , or court of parliament , by authority of which the barones , milites & quamplures alii ( rot. 44 h. 3. m. 1. dorso ) barones liberi homines & omnes alii fideles ( rot. pat. 3. e. 1. m. 6. ) or as the supplication to h. 6. saith , the abbots , priors , clergy , barons , knights , esquires , and commonalty , did with the consent of the earl make or admit laws within the same , such as should be thought expedient and behoveful for the weal of the inheritors and inheritance of the said county , and no inheritors or possessors within the said county were chargeable or liable , or were bounden , charged , or hurt of their bodies , liberties , franchises , lands , goods , or possessions , unless the said county ( or parliament ) had agreed unto it . and i dare under submission affirm , that neither this county palatine , nor durham , were ever subjugated to have their estates given away , at the good will and pleasure of the earl or bishop , under any notion or fancy in those days of being their representatives in the commune concilium regni , or that being dependant tenants , their consents were included in their lords assent : and if the commune concilium cestrense , or parliament , was deduced from records , it would be of greater use to shew us as in a mirror the government of england in antient days , than what i have yet seen published by any author . 3. that the answer of the king to the petition penned and made by all the judges of the land , his council in parliament cannot be supposed to be grounded upon a modern usage of 59. years from the time of 49 h. 3. till then , if the tenants in capite jure repraesentationis , made the parliament as some hold , but was a declaration of the ancient custom and right of the nation . 4. that it was not in the power of all the tenants in capite of england , or the greatest part , who were the petitioners , though with the kings consent , to bind and oblige others , or to make or alter a law , sine assensu communitatis regni , who had votum consultivum , and decisivum , an act of authority and jurisdiction , as well in assenting to spiritual laws as temporal , as may appear for an in●tance , in their declaration or protestation to e. 3. in parliament . que nul estatut ne ordenance soit fait ne grante au petition du clergie si ne soit per assent de voz communes , ne que vous dites communes ne soient obligez per nulles constitutions q'ils font pur lour avantage sanz assent de voz dites communes : car eux ne veullent estre obligez nul de voz estatuz ne ordinances faitz sanz lour assent . fortescue cap. 8. pag. 40. tells us , sed non sic angliae statuta oriri possunt dum nedum principis voluntate sed & totius regni assensu ipsa conduntur . et si statuta licet tanta solennitate & prudentia edita , efficaciae tantae quantae conditorum cupiebat intentio , non esse contingant ; concito reformari ipsa possunt & non sine communitatis & procerum regni illius assensu quali ipsa primitus emanarunt . and that this was the antient law and right of the kingdom , appears by the answer of e. 1. an o 22. of his reign to the petition of the whole clergy of england ; for the clergy having given the king medietatem omnium bonorum tam temporalium quam spiritualium , complaining that the immunity of the church laesa fuit & violata , petiit à rege quosdam articulos ( rege jubente ) jussit enim rex postquam votis ipsius paruerant ( in giving the subsidy ) ut ipsi ab eo peterent remedia quae vellent . et petierunt imprimis ut statutum de manu mortua , quod in praejudicium sanctae matris ecclesiae fuit editum , deleretur cui quidem articulo respondit rex , quod idem statutum de consilio magnatum suorum ( so phrased by the historian ) fuerat editum & ordinatum , & absque eorum consilio non erat revocandum : but a more certain authority tells us , that the statute was made , per commune concilium regni , or parliament , as appears by rot. claus. 7 e. 1. m. 5. dorso . rot. pat. 10 e. 1. m. 13. and then the commons were unquestionably an essential part , and joined in the making the statute . the sixth argument . from the form of penning of 〈◊〉 of parliament , and expressions in records in 49 , 51 , 54 h. 3. where it is pretended the comm●ns first began to be a part of the legislative power , which agree with the phrases of records of acts of parliament before that time . the king writes to the bishop of london , and to the rest of the bishops of the province of canterbury , that his heart was wounded 〈…〉 to dolore , that the earl of gloucester , and other rebels , had by crafty perswasions circumvented , pro 〈…〉 r ! prince edward , & ad partem suam proditori● a●●axe●unt proprii contemptu sacramen● , contra formam de nostro & ejusdem silii nostri , praelatorum , magnatum & communitatis regni nostri unanimi assensu & voluntate nuper london . provisam . the king per le conseil & l'assentement le rei de alemain & de countes , & de baruns , & del commun de la terre , pardoned and released the earl of gloucester , and all his company , &c. and the king per le conseil & passentement le rei de alemain , & les cuntes , & de barons , & le commun de la terre , pardoned and released the londoners , totes maneres de ire & de rancour & de male volente , &c. the king and prince having undertaken the crusado , for the holy land , quia tamen praelatis , magnatibus & communitati regni non videtur expediens neque tutum , that they should be both out of the kingdom , istis temporibus , it was agreed the prince should go , and a subsidy was granted to the prince by the parliament . if one should shew the authors of the novel opinion , only these records , and thereupon ask them who the communitas , mentioned in these records , after the words praelati , barones , & magnates were , i doubt not but they would say , knights , citizens , and burgesses , because they are after the pretended inception of 49 h. 3. but then i desire to know what authority they can shew , why the communitas in 29 , 32 , 37 , & 48 h. 3. should not be a part of the parliament as much as of 49 , 51 , 54. of that king , since the words or phrases of both are alike in the records . for i do not think it a true way of reasoning , that because the notion of 49 h. 3. is generally published by our now historians , and so believed : ergo , it unquestionably was so , and has always and in all ages been distinctly known and believed . the seventh argument . from the defect and loss of parliament rolls of h. 3. and e. 1. and from the universal silence of all records , and our antient historians contemporary and succeeding 49 h. 3. till our days . it is true indeed for any thing yet appears , the parliament rolls of h. 3. are all lost or destroyed , though references are made to them by several clause and patent rolls of h. 1. and h. 2. yet no direct writ of summons ad parliamentum , is extant of that time , either of the lords or commons ( so m r pryn ) till the dorse of the clause roll 49 h. 3. in a schedule affixed thereto , where there are writs for electing and sending to a parliament at london , two knights , citizens , and burgesses , and barons for the cinque-ports , and likewise summons to the great lords . but if that roll of 49 h. 3. and rot. claus. 22 e. 1. had been destroyed as many others of that time were , then had there been no footsteps or testimony left us on record , yet discovered , of any formal summons to parliament , of them or the prelats and temporal great lords , till 23 e. 1. though several parliaments were in the interim , no less than twelve as the printed statute books tell us . and the commons expresly said to be present at some , and implyed in all , if the phrase of commune concilium regni implies so much , which 〈◊〉 think is unquestionable when compared with the statute of westm. 1. made 3 e. 1. which was not eleven years after 49 h. 3. wherein the constituent parts of the commune concilium regni , are enumerated and expressed , the statute being made per l'assentements des archievesques , evesques , abbes , priors , countes , barons & tout le comminalty de la terre illonques summones . now because from that one record of 49 h. 3. ( being the only roll as yet found out ) it should be wonderfully observed , and from thence infallibly concluded and nicked , and by an ominous and influential asterism of rebellion and treason marked , that the very first writs ( whereby the great lords are said to be also first summoned ) to send two knights , citizens , and burgesses for each county , city , and borough , 〈◊〉 parliamentum , in octabis san●ti hillarii , were made in this very year , at that very crisis of time , nay tested on such very days , when the rebellious barons ( after the battel of lewes ) had the king and prince in their power , and exercised regal authority in his name , under good favour seems not at all satisfactory and convincing to me , until they give more certain and greater testimonials and evidence , and answer these few records . if the epocha of the knights , citizens , and burgesses , or commons ( as now called and distinguished from the great lords ) being first admitted a part of the parliament and legislative power , had such a creation and origine , it is more than a wonder , though the parliament rolls be destroyed , that the lieger books , charters , or historians of that time , either national or foreign , of which there are not a few , or our antient lawyers , bracton , britton , fleta , and hengham , had not amongst many narratives of far less moment and weight , given posterity a remark , or some short hint or memorial of so suddain , so great , and so universal a change or catastrophe of the whole constitution and ancient frame of the english government , as that must unquestionably be admitted to be , or some subsequent chronologer had not so much as dreamed of it till of late , or that branch in the ancient coronation oath of our kings , demanded by the archbishop , had not been omitted , or ne ver administred , which runs thus . concedis justas leges & consuetudines esse tenendas , & promittis per te esse protegendas , & ad honorem dei corroborandas quas vulgus elegerit secundum vires tuas . [ respondebit rex , concedo & promitto . ] the word elegerit , being admitted to be of the praeterperfect tense , it certainly shews , that the peoples election had been the foundation and ground of antient laws and customs ; and the term of justas leges , seems to allow a liberty of debate , reason , and argument , so much as might be of efficacy and force , to demonstrate and convince , that the laws so required by the commons of the king , were just and reasonable ; the debate and consideration of which certainly was never , nor ever could be intended to be done in the diffusive capacity of all the commons of england , separatim , but in an intire , or in an aggregat body , that is , in their communia concilia , or parliaments . and with this agrees the statute of provisors , an. 25 e. 3. which saith , whereupon the said commons have prayed our soveraign lord the king , that upon the mischiefs and damages which happen to his realm , he ought and is bound by his oath , with the accord of his people in his parliament , thereof to make remedy and law , and removing the mischiefs and damage which thereof ensue . ( and this they say ) sith the right of the crown of england , and the law of the realm was such . nor indeed can i apprehend any colourable pretence , much less a probable reason , that if the barons had 49 h. 3. usurped the soveraign power into their hands , they should 1. so easily and speedily divide and share it with the commons , constitute a new court of parliament , and make them essential and coordinate with themselves in the legislative power : sure we know it is natural for all courts , ampliare & non diminuere jurisdictionem . 2. that at that parliament the numerous barons ( as they stile them ) should but summon 23. of their own order , when the archbishops , bishops , abbots , priors and deans , made 120 , if we must be concluded by the records . if there were then two houses of parliament , and that the knights , citizens , and burgesses , did not sit with the lords , the prelates having so great advantage of the temporal lords in their votes , were very unkind to the crown they made not use of their over-ballance for the delivery of the king and prince , then said to be in custody . 3. nor have i yet met with any reasons given , why when the government of the whole kingdom was at this parliament of 49 h. 3. to be setled after so long and bloody a war , the barons being then so victorious and numerous , as our modern authors say , they would by their absence hazard and endanger the loss of all by entrusting the prelates and commons with the over-ballance . many remarkable observations might be raised upon this record , both as to the lords and commons , but i will now pass to my eight argument , concluding this with m r pry●●s opinion , how the parliament rolls before e. 3. came to be lost or destroyed . i will use his own words . that there are no records at all in the tower ( except some few antient charters or exemplifications of them ) antienter than the first year of king john , all the rest from william the first his reign till then ( except some few in the exchequer not relating to parliaments ) being utterly lost , the first parliament rolls yet remaining are these , 5 , 8 , 9 , and 19 th of king e. 2. the statute roll of h. 3. e. 1. e. 2. containing some statutes made in their reigns , a parchment book of some pleas in parliament during the reigns of king e. 1. and 2. and a few bundles of petitions in the parliaments of 6 e. 1. and 1 , 2 , 3 , and 4 e. 3. none of which are here abridged ( viz. in the abridgment by him published ) only i find in the clause patent charter and fine rolls of king john , h. 3. e. 1 , and 2. some writs of summons , and some memorials of acts , ordinances made , and aids , subsidies , dismes , quindisms , customs granted in parliaments , held during their reigns , the rolls whereof are perished and quite lost , either through the negligence of the record keepers , or the injury , iniquity of the times during the civil wars between the king and barons , in the reigns of king john and h. 3. and betwixt the two houses of lancaster and york , for the title of the crown , wherein ( it is very probable ) the prevailing king's parties , by their instruments , imbezled , suppressed such parliamentary records and proceedings , as made most against their interests , power , prerogatives , titles ; or through the default of our kings great officers and attornies , who sending for the parliament rolls out of the tower , upon special occasions , never returned them again for reasons best known to themselves , by means whereof , those parliament rolls being no where to be found , their defects must be supplied only out of such fragments and memorials of them , as are extant in our other records and antient historians , especially in matthew paris , matthew westm. william of malmesbury , henry arch-deacon of huntingdon , roger de hoveden , simeon dunelmensis , the chronicle of brompton , radulphus de diceto , ranulphus cestrensis , and thomas of walsingham , who give us some accompts of their proceedings and transactions , which else had been utterly buried in oblivion , as well as their rolls wherein they were at large recorded , as is evident by the parliament rolls yet extant . the eighth argument . from the various opinions of the learned men in and since h. 8. who never dreamed of any such origine , nor was it ever heard of till of late . it would be tedious to set down the various and wandring opinions and reasons of our modern authors in english , touching the beginning of our parliaments , and constituent parts thereof , especially of the commons , as now called and comprehended in the knights , citizens , and burgesses in parliament : i will but instance in a few eminent authors , and leave the croud behind . the great antiquary , mr. lamberd holds , that they were before the time of william the first , and there are other learned men who give their assent to that as a great truth . mr. prynn saith , by all the ancient presidents before the conquest , it is most apparent , that all our pristine synods and councils were nought else but parliaments ; that our kings , nobles , senators , aldermen , wisemen , knights and commons , were usually present , and voting in them as members and judges . polydore virgil , hollinshead , speed and martin , are of opinion , that the commons were first summoned at a parliament at salisbury , an. 16 h. 1. sir walter raleigh in his treatise of the prerogative of parliaments , thinks it was anno 18 h. 1. my lord bacon in a letter to the duke of buckingham , asks , where were the commons before h. 1. gave them authority to meet in parliament ? dr. heylin finds another beginning , and saith , that h. 2. who was duke of anjou , was the first institutor of our high court of parliament , which ( being an anjovian ) he learned in france . but i cannot find that any of those ever supposed the commons were first introduced in parliament 49 h. 3. by rebellion . nor was this opinion entertained by any author i can meet with , anno 1529. 21 h. 8. for in an answer of that great and excellent person sir thomas more , lord chancellor of england , in his supplication of souls against the supplication of beggers , discoursing about king johns making ( in the 14 th year of his reign , and three years before his granting magna charta ) the realm tributary to the pope , declares his judgment without any doubt or hesitation , and therein as i take it the universal tradition and belief of all learned men of that and precedent times : that the clergy and all the lords and commons of the realm made the parliament in the age of king john , and that never could any king of england give away the realm to the pope , or make the land tributary without their grant ; whose book , and so his opinion we find approved of and published by a grave and learned judge of the kingdom , mr. justice rastall , and dedicated to queen mary her self , an. 1557. not much above a century ago . the ninth argument . from the comparison of the antient generale concilium , or parliament of ireland instanced an. 38 h. 3. with ours in england , wherein the citizens and burgesses were , which was eleven years before the pretended beginning of the commons here . as great a right and priviledge surely was and ought to be allowed to the english subjects as was to the irish before 49 h. 3. and if that be admitted , and that their commune concilium , or parliament , had its platform from ours , as i think will not be denied by any that have considered the histories and records touching that land , we shall find the two ensuing records , an. 38 h. 3. clearly evince , that the citizens and burgesses were then a part of their great council or parliament . that king being in partibus transmarinis , and the queen being left regent she sends writs in the kings name directed archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , militibus , liberis cominibus , civibus & burgensibus terrae s 〈…〉 hiberniae , telling them that mittimus fratrem nicholaum de sancto neoto , fratrem hospi●●i sancti johannis jerusalem in anglia ad parses hiberniae ad exponendum vobis ( together with i. fitz geffery the kings justice ) the state of his land of vascony endangered by the hostile invasion of the king of castile , qui nullo jure sed potentia sua consisus terram nostram vasconiae per ipsius fortitudinem à manibus nostris auferre & à dominio regni angliae segregare proponit . and therefore universitatem vestram quanta possumus affectione rogantes quatenus nos & jura nostra totaliter indefensa non deserentes nobis in tanto periculo quantumcunque poteritis de gente & pecunia subveniatis , which would turn to their everlasting honour , concluding his nostris angustiis taliter compatientes quod nos & baeredes nostri vobis & haeredibus vestris sumus non immerito obligati . teste regina & r. comite cornubiae apud windesor , 17 o die februarii , per reginam . the other writ somewhat varies , being a commission touching the chief justice fitz geffery , to be as an assistant or co-commissioner with father nicholas , to hold the parliament , to declare to them the state of gascony , & pericula nobis imminentia , & ad tractandum vobiscum super auxilio nobis faciendo , against the king of castile , desiring they would give faith to what the chief justice should say to them thereupon . rot. pat. 5 e. 1. m. 13. we read : rex archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , militibus , & omnibus aliis anglicis de terra hiberniae , &c. vobis mandamus quod ad certos dies quos ad hoc provideritis , videlicet citra festum nativitatis beatae mariae virginis , in aliquibus locis opportunis conveniatis , & diligentem tractatum inter vos habeatis , utrum fuerit praejudicio vestri & libertatum & consuetudinum vestrarum , that the meer irish should use and enjoy the same laws and customs in common as the english there , and to send their judgment and counsel , under the seal of the justice of ireland . and in the twentieth year of this king , magnates & probi homines terrae hiberniae quint amdecimam partem de bonis & catallis suis concesserunt gratiose to the king , which certainly was done in the generale concilium , or parliament , and that the general phrase ( probi homines ) did include and comprehend the citizens and burgesses to be part of that general council , for rot. claus. 7 h. 3. m. 7. dorso , the citizens of dublin are called probi homines nostri dublyn . from hence may be observed , 1. that by the patent rolls of 38 h. 3. the citizens and burgesses were summoned to meet at the great council or parliament , as well as the prelates , earls , barons , knights , and free-holders , and equally desired to give the king a subsidy of men and money . 2. that though in the writ of e. 1. the citizens and burgesses are not mentioned eo nomine , the phrases of directions in writs being in those ages very various , sometimes more general , and sometimes more particular ; yet the words omnibus aliis anglicis after baronibus & militibus , must comprehend the citizens and burgesses , who were to meet and diligently to treat with the archbishops , bishops , abbots , priors , earls , barons , and knights and freeholders , whether it would be in prejudice of their liberties and customs , if the meer irish should enjoy the same laws and customs as they of the english extraction did , and they were to join in giving their judgment and counsel with the rest of the parliament . and reason it self speaks it , since the admission of the meer irish into equal priviledges and rights with themselves in their cities and towns , would be of so great a consequence to them ; for upon the kings granting by charters to several irish families , the benefit of the english laws , great disputes arose , so that rot. claus. 10 e. 2. m. 28. intus , upon a petition to the king , he granted that semel in anno tene●tur parliamentum to redress their grievances touching the irish and english laws , and so the word parliamentum ascertains what those councils were in the patent rolls of 38 h. 3. and 5 e. 1. before-mentioned . and now i will close my arguments , declaring under the good favour of so eminently learned authors , that their resolves and opinions which they have published to the world , that the inception and original election of knights , citizens , and burgesses , or the admission of the commons of england ( as now phrased ) into parliament by rebellion and treason , anno 49 h. 3. are not at all satisfactory and convincing in my judgment , unless they give more certain and greater testimonials than yet i have met with , and answer these few records against their so severe position . a position , believe me , that like a tempestuous whirlwind , not only rends off and dismembers an essential branch , but shakes the very root of the right and honour of our english parliament , and equally wounds both lords and commons , because these learned authors themselves do agree , that there is not yet discovered any formal summons of the great lords ( no more than of the commons ) to any parliament before the said 49 h. 3. and here i must beg the favour of the reader of adding a supplemental argument , which at first i confess was not intended , and it is this . if in the general councils , or , in our present dialect , parliaments , for instance , 1. of france , 2. spain , 3. portugal , 4. denmark , 5. sweden , and 6. scotland , the cities and great towns or boroughs , have from time immemorable , both de jure and de facto , had their delegates or representatives : upon what authority or reason can it be believed , that so universal a northern custom or law , did not obtain and was never practised in england before 49 h. 3 ? 1. for france we find their conventus ordinum , or l'assemblie des estates , consisted de sacerdotio , nobilitate & plebe , of the clergy , nobility and commons , this is evident by the parliament roll 9 h. 5. which takes notice of the peace made between england and france , that the same was confirmed in france , per tres status regni , viz. praelatorum & cleri , necnon procerum & nobilium ac etiam civium , burgensium , civitatum , villarum & communitatum dicti regni francorum , ipsi tres status eandem pacem & omnia & singula contenta in eadem approbarunt , laudarunt , acceptarunt & auctorizarunt . it seems by this that the french kings were not so despotical and absolute by the fundamental laws of that kingdom , as their successors have by acts of power since made themselves . 2. in spain their curia or cortes del reyno , is compounded ( as dr. heylin cites out of the learned bodin ) of the clergy , the nobility , and the commissioners of the provinces and antient cities . 3. the portugal cortes or parliament consists of the bishops and prelats , the nobiles majores & minores , and two procurators or burgesses from every city , who have a deliberative voice , which they call definitive . 4. in denmark , pontanus saith , the bishops , the nobility , & civitatum delegati , the deputies or commissioners of towns and cities , made up their general council . 5. for sweden , it does not much differ from the government and form of denmark , their common council consisting of the same estates and degrees of people , that is to say , proceres & nobiles , the greater and the less nobility , episcopi & ecclesiastici , civitates & universitates , the cities , boroughs and villages . i might here if it were needful , shew how great a share and interest the hanze or free towns in germany have by their deputies in all ages had in the diet or general council of the empire . 6. but now at last we are come to scotland , sir john skene in his epistle dedicatory to king james , before his scottish laws , writes thus . intelligo tuas tuorumque majorum leges quae cum legibus regni tui angliae magna ex parte consentiunt ; and then in his book shews , that willielmus cognominatus leo , who as is said , begun to reign in 1105. and reigned 49. years , so as he was king of scotland 5 10 of our henry the first , held his assise or parliament at perth , where several laws were ordained , to the observance whereof , episcopi , abbates , comites , barones , thani & tota communitas regni tenere firmiter juraverunt . king alexander began to reign anno 1214. which was the sixteenth year of our king john , and reigned 35. years , so as he died an . 38 h. 3. he made his laws de consilio & assensu venerabilium patrum episcoporum , abbatum , baronum ac proborum hominum suorum scotiae . and what the communitas regni in king william's statutes , and the prob● homines in king alexanders , were , the league made between the french king and the crown of scotland , anno 28 e. 1. clearly shews , being ratified and confirmed in their parliament , per johannem de balliolo , then king , ac praelatos & nobiles & universitates & communitates civitatum & villarum dicti regni scotiae ; and the constant practice ever since hath been , that the cities and boroughs have sent their proxies or representatives to the parliaments of that kingdom . it may therefore seem very strange , that when the cities and boroughs in all the kingdoms of europe , de jure and de facto were ab antiquis temporibus , even in times coeval with the government , an essential part of their common councils or parliaments , that england should not be under the same constitution , being but descendants from gaul , or the more northern countries ; if so , 1. was it because in the britton , saxon and norman times , there were no cities or boroughs , or if there were , were they so poor and inconsiderable , as they deserved no observation in the eye of the state ? or , 2. was it because , by a strange and unheard of fate , peculiar and proper only to them , they were not fit or capable to give or hear reason , as well as the delegates or representatives of the cities and boroughs of france , spain , portugal , denmark , sweden and scotland ? or , 3. had they no property or right in their estates ? certainly , in my opinion , none of these objections can be admitted , allowed , or proved ; for in the brittons time , venerable bede tells us . erat britannia viginti & octo civitatibus quondam nobilissimis insignita praeter castella innumera , quae & ipsa muris , turribus , portis ac seris erant instructa firmissimis . nor were they of less reputation in the saxon or norman times , when they were thought so necessary and proper for the safety of the govern ment , preservation and defence of the laws , that it was ordained by william the first , and the common council of the kingdom ; that no market or fair should be permitted to be held , nisi in civitatibus regni nostri & in burgis ubi consuetudines regni & jus commune & dignitates coronae nostrae deperiri non possunt nec defraudari nec violari , sed omnia recte & in aperto & per judicium & justitiam fieri debent , &c. ad tuitionem gentium & populorum regni & ad defensionem regni . and if in the brittons times the nation was so strong in cities and castles , surely it cannot be imagined but that in the saxon and norman times , when the nation became to be more civilized and considerable in the world , the estates or degrees of the inhabitants would easily part with these liberties and priviledges , which their ancestors , though less knowing and powerful , did claim and enjoy . having thus concluded my arguments against the position of 49 h. 3. i have thought it not altogether impertinent , to add some brief observations for the better understanding of antient records , and historians in their various lections and different expressions . i shall therefore consider , 1. the different application of the words commune , communitas , or plebs . 2. the several denominations by which our antient general , or common council or parliaments , were expressed . 3. the various acceptation of the word baro , and that under the phrase of baronagium angliae , both lords and commons were comprehended . observation i. the different application of the words commune , communitas , or plebs . there lies a main objection against me , for some authors say , that the words commons , communitas , or plebs , is not to be met withal in any antient authors or records ; ab ingressu willielmi primi usque ad excessum h. 3. and therefore conclude , they were never a part of the commune concilium , or parliament , before 49 h. 3. because not mentioned eo nomine . admitting the objection true ( which i conceive otherwise ) yet it is no conclusive argument , for before the statute an. 3 r. 2. cap. 3. i cannot find the appellation of lords temporal , nor before the 13 th of that king cap. 2. the phrase lords spiritual and temporal in our printed statute books ; ergo , from thence it follows by a necessary consequence , according to their argument , that they were not any part of the generale concilium , or parliament , before those times , because not expressed by that name . i suppose this conclusion will not be admitted true . but as i am well satisfied , that the archbishops , bishops , abbots and priors , who were often expressed by , and comprehended in the word praelati , and who in after times constituted the lords spiritual , and the earls and barons , as now differenced , the lords temporal , were ab antiquo undoubtedly a part of the commune concilium regni , or parliament ; so it may be proved if insisted upon , that the milites and libere tenentes de regno or angliae , the knights and gentlemen , or freeholders of england ( licet nonnunquam diversis & variis appellationibus expressi & inclusi , in which those qui de rege tenuerunt in capite , or barones regii , or regis , to difference them from the barones regni , were comprehended ) were à crepusculo temporis , a constituent and essential part also , although by historians and records they are often mentioned by , and included in titles , which in late times import more honour , and are now of an higher acceptation , and had not the name of commons fixed , or generally stamped upon them as in after ages . sed haec obiter . 1. as to the word communes ( or communitas ) i have in my enquiries observed it to be used in six senses . 1. to comprehend the whole commune concilium regni , or parliament . a le commune dangleterre : here commune is taken for people , so as tout le commune is here taken for all the people , and this is proved by the sense of the words , for magna charta was not granted to the commons of the realm , but generally to all the subjects of the realm , viz. to those of the clergy , and to those of the nobility ; and to the commons also . and that [ commune ] in this place signifieth people , it is proved by the preamble , for there the great charter and the charter of the forest , are rehearsed to be granted by king h. 3. to his people , and here they are said to be granted [ a le commune ] and see before 25 e. 1. confirm . chart. cap. 1. & cap. 6. for this word commune and comminaltie : so as [ a le commune ] here signifieth not to the commons of the realm , but to the people of the whole realm ; and herewith agree our books , for that a common nusance which concerns le commune on le comminaltie , le suite serra done au roi , where [ commune ] and [ comminaltie ] include all the kings subjects . 2. to comprehend the communitas praelatorum & baronum . 3. to comprehend the generality of all that came to parliament , after the particular enumeration of the orders of the great lords , viz. archiepiscopi , episcopi , abbates , priores , comites , barones . the statute of westm. 1. made 3 e. 1. eleven years after 49 h. 3. saith , per l'assentements des archievesques , evesques , abbes , priors , counts , barons , & tout le comminalty de la terre illonques summones . the statute , de asportatis religiosorum , 35 e. 1. though made anno 34 o saith , that dominus rex post deliberationem plenariam , & tractatum cum comitibus , baronibus , & aliis nobilibus & communitatibus regni sui habitum in praemissis de consensu eorum unanimi & concordi , ordained , that it should be observed : but upon the producing the roll in the parliament 17 e. 3. it is said , that the petition for the statute was per countes , barones & communes du royalme , and so under the word communes , the alii nobiles are included . 4. the communitas comitatuum regni , or universality of the counties of the kingdom represented by the magnates , chivalers , or grandz of the counties ; of which appellations i shall give some few instances . inter communia brevia de termino sanctae trin. s. mich. an o 34 o e. 1. penes rememoratorem domini thes. in scaccario , the milites comitatuum and barones quinque portuum , are called magnates . rot. claus. 3 e. 2. m. 16. dorso . inhibitio ne qui magnates , viz. comes , baro , miles , seu aliqua alia notabilis persona transeat ad partes transmarinas . ex libro statutorum impress . lingua gallica penes meipsum , 15 e. 3. cap. 4. rastalls stat. pag. 85. item que les prelats , countz , barons , chivalers & autres grandes de chescun paiis . statutum de servientibus 25 e. 3. per assent de les ditz prelatz , countes , barones , & autres graundes de la dite communalte illonques assemblez . ms. penes meipsum . stat. 27 e. 3. statutum stapulae . grantz des counties . 5. applied to the communities or societies of the cities and boroughs . rot. de superioritate regis angliae in regno scotiae , anno 19 e. 1. omnes & singuli tam episcopi & alii ecclesiarum praelati , quam comites , barones , magnates , proceres civitatum & burgorum communitates . rot. parl. 17 e. 3. n. 8. chivaliers des countees & communes . rastall's stat. 27 e. 3. fol. 102. statute staple , whereas good deliberation had with the prelats , dukes , earls , barons , and grandes des countees de chescun countee un pur tout le countee , and of the commons of the cities and boroughs of our realm of england . 6. to the commune or generality of the body of the clergie in parliament . monstre la commune de la clergie , & per la ou diverses abbes , priores , esglises cathedrales & collegiates , & autres gentz de seinte esglise ount diverses rentz . observation ii. 2. the several denominations by which our antient general , or common council , or parliaments , were expressed . if any man will be at the expence of so great a charge and trouble , as to compare the various lections of historians and records together , and the manner and phrase of words and speeches , proper to particular ages and times , he may satisfie himself what those councils were , and their constituent parts , whom the antient historians mean , when they say , convocati , or congregati fuerunt nobiles angliae . omnes regni nobiles . nobilitas totius regni . tota nobilitas angliae . totius angliae nobilitas . magnates angliae . totius regni magnates . proceres regni . proceres & fideles regni . universitas totius angliae nobilium . universitas regni . barones angliae terrae or regni . universitas baronagii , or barnagii angliae . baronagium , or barnagium regni , or angliae . regni totalis universitas . pontifices & principes anglicani . primordes & magnates regni . principes regni , praesules & principes regni . optimates totius regni , or angliae . primates regni . majores regni , majores angliae . assisa regni . discretio totius regni . generale placitum . clerus & populus . communitas regni . generale concilium regni . concilium regni . and such like expressions and phrases , varying in several ages , till at last they fixed on the word parliamentum . to demonstrate all which will require a longer discourse than i here intend ; however , having before touched upon the parliaments of 17 johannis , and 37 h. 3. i will give instances how they have been named in records and histories . anno 17 o regis johannis . 1. archiepiscopus c 〈…〉 , episcopi , barones & magnates . 2. generale concitium . 3. barones & liberi homines totius regni . 4. barones & liberi homines dominii nostri . 5. magnates . 6. fuerunt autem quasi ex parte regis stephanus cantuariensis & h. dublinensis archiepiscopi , &c. illos quoque qui ex parte baronum affuerunt qui innumerabiles fuere , non est necesse numerare , cum tota angliae nobilitas in unum collecta quasi sub numero non cadebat . 7. barones . 8. parliamentum . 9. barones angliae . 10. baronagium angliae . 11. enprimes est accorde & assentu q' le franchise de seinte esglise & la grand chartre & la chartre de la forest & les autres statutes faitz per nostre dit seignour le roy & ses progenitors piers & la commune de sa terre . anno 37 o h. 3. 1. tota nobilitas angliae . 2. parliamentum . 3. archiepiscopi , episcopi , abbates , priores , comites , barones , milites , & alii magnates regni angliae . 4. magnates & communitas populi . 5. anno 1253. 37 h. 3. hoc anno h. rex angliae ad instantiam praelatorum , comitum & baronum cartas duas eis concessit , unam de libertatibus quae magna charta dicitur , & alia quae dicitur de foresta , pro qua concessione communitas angliae concessit regi quintam decimam partem omnium bonorum suorum mobilium per totam angliam . baronagium . in the parliament at oxford 42 h. 3. parliamento autem incipiente solidabatur magnum propositum & consilium immutabile exigendo constantissime ut dominus rex cartam libertatum angliae quam johannes rex pater suis anglis confecit & confectam concessit , quamque idem johannes tenere juravit , fideliter teneat & conservet , quamque idem rex henricus multoties concesserat & tenere juraverat , ejusque infractores ab omnibus angliae episcopis in praesentia sua & totius baronagii horribiliter fecit excommunicari & ipse unus fuerat excommunicantium . so as the excommunication here meant , being that of 37 h. 3. then made in the presence of the king , great men , and communitatis populi , is here said to be done in praesentia totius baronagii angliae . and for the honour of magna charta , i will conclude this head with an act of parliament . that valiant and great prince , e. 4. after the overthrow of his enemies , and peaceful possession of the crown , assisted with the judges of england , archbishops , bishops , abbots , priors , his dukes , earls , viscounts , and barons , with the great men or knights of the counties , and commons in full parliament , hath left this recorded to posterity . they call this great charter the laudable statute of magna charta , which statute was made for the great wealth of this land , upon which magna charta , the great sentence and apostolique curse , by a great number of bishops , was pronounced against the breakers of the same ; and the same sentence is four times in the year openly declared , according to the law of holy church ; and in affirmance of the said statute , of the said great charter , divers statutes have been made and ordained . and great reason certainly they had to put so high a value on that so famous charter , since the substantial part of the laws thereof were no less than the great results , decrees , and judgments , ordained by the prudence and justice of the brittish , saxon , and danish dynasties , founded upon two grand and principal bases or pillars , liberty and property , which like those two brasen ones called boaz and jachin , supporting the temple of solomon , upheld the tottering frame and fabrick of our antient government , though often by evil men designed to be overthrown . a charter , empta & redempta , purchased and redeemed with vast treasure of the nation , and the effusion of a sea of christian blood . a law published and established with fearful execrations , and terrible curses , against the infringers and breakers thereof , and all done with that religious solemnity , and profound ceremony , as it may seem inferior only to that of the commandments of almighty god given to the jewish nation . all great ministers of state and justice were at their entrance into their offices , solemnly to swear the observation thereof , and great reason there was for the making of this law , both for the preservation of the king , and also the kingdom ; for that parliament well knew the woful confusions in the reign of edward the second , who being seduced by his two minions the spencers , for want of observing the good old laws and customs of england , cut off the head of thomas earl of lancaster his uncle , that being the first act of shedding the sacred royal blood by colour of law i ever met withal in history ; they usurped royal power , they sent the queen and prince ( afterwards great edward the third ) beyond sea , and prevailed with e. 2. to declare the queen and prince traytors . they monopolized the kings eyes , ears , and his whole understanding , so that the king nothing did , or would do , but what they did counsel him , were it never so great wrong ; and if any had the courage to complain against them , or so much as fetch a loyal sigh , or lament the hard fate of the king then imposed upon by those favourites ; they were branded with arraigning the government , striking at the foundation of state , and being guilty of treason , and what not . the consequences of whose unhappy counsels and policies , are too well known in history to have been the ruine both of the king and themselves . the priests and confessors were strictly commanded to frame and direct the consciences of the people to the observation and obedience of the great charter , and they did so , not like the sibthorps and manwarings of later times , who by their flatteries of prerogative for their own promotion seek to ruine the subjects property . observation iii. the various acceptation of the word baro , and that under the phrase of baronagium angliae both lords and commons were comprehended . as to the word baro , it was not much more in use before william i. obtained the english diadem , that i can find , than the word communes , baro britanni pro suo non agnoscunt in anglo-saxonic is legibus nusquam comparet nec in alfrici glossario saxonico inter dignitatum vocabula habetur . for the english saxons called those in their own language ●al●epmen which in latine were named comites , and the danes earls , but of so extensive an import in its signification , as we read of aldermani regis , aldermani comitatus , civitatis , burgi , castelli , hundredi , sive wapentachii & novem decimorum , so according to the strict word they had whole regiments of earls . the greatest title of which , seldom , if at all , descended hereditarily till the confessors time , and after will. i. became king , the word ●al●epman began to change and vary its signification , and in room of aldermani regis , we find barones regis ; for aldermani comitatus , barones comitatus ; for aldermani civitatis , barones civitatis ; for aldermani burgorum , barones burgorum ; for aldermani castellorum , barones castellorum ; for aldermani hundredorum , barones hundredorum sive wapentachiorum . sir henry spelman saith , that simplices villarum maneriorum domini de quocunque tenentes qui sacham & socham habent , were antiently called barones . and all freeholders , hoc est tam in soccagio quam per servitium militare , had the title of barones ; and in his species of barones comitatus , saith , proceres nempe & maneriorum domini nec non libere quique tenentes , anglice freeholders , had that appellation . notandum autem est libere hos tenentes nec tam exiles olim fuisse nec tam vulgares ut hodie deprehenduntur . the great selden in his notes upon eadmerus upon the word barones , saith , vocabulum nempe alia notione usurpari quam vulgo , neque eos duntaxat ut hodie significare quibus peculiaris ordinum comitiis locus est . and the learned camden writes , verum baro ex illis nominibus videatur quae tempus paulatim meliora & mollior a reddidit ; nam longo post tempore non milites sed qui liberi erant domini & thani saxonibus dicebantur , barones vocari coeperunt , necdum magni honoris er at , paulo autem postea ( meaning after the normans coming ) eo honoris per venit ut nomine baronagii angliae omnes quodammodo regni ordines continerentur . the authority of these most learned antiquaries is such , that it would be a presumption in me to go about to add any thing , i shall only say , i have met with some records that clearly prove their opinion , and for illustration shall subjoin one record more , and so conclude this point . anno 29 h. 3. great complaint was made in parliament against the church of rome's exactions here in england , whereupon anno 29 h. 3. litterae missae cardinalibus romanae ecclesiae apud lugdunum à baronibus , militibus , & universis baronagii regni angliae per rogerum bigod , comitem norff. willielmum de cantelupo , johannem filium galfridi , radulphum filium nicholai , philippum basset , barones procuratores baronagii angliae , tunc temporis innocentio papa quarto celebrante concilium ibi generale . anno gratiae 1245. venerabilibus in christo fratribus universis & singulis dei gratia salutem . barones , milites , & universitas baronagii regni angliae , &c. electi sunt igitur ( writes mat. paris . ) ad hoc nomine totius universitatis regni angliae ad concilium lugdunense missi comes rogerus bigod , johannes filius galfridi , willielmus de cantelupo , philippus bassett , radulphus filius nicholai , milites , saith mat. westm. p. 321. l. 30. magister willielmus powic clericus . another letter was sent per magnates & universitatem regni angliae , super extortionibus curiae romanae , to the pope himself , who negotium posuit in suspenso . the ambassadors returning , and a second parliament being called at westm. the record goes on . articuli gravaminum & oppressionum quibus regnum angliae oppressum fuit temporibus henrici filii regis johannis per curiam romanam , quae scilicet ostensa fuerint cardinalibus romanae ecclesiae , & ....... innocentio papae quarto ore tenus per procuratores praedicti regni in generali concilio apud lugdunum , & quod gravamina dictus papa procuratoribus dederit in praemissis ad revocanda , quae scilicet gravamina non revocata postea barones , milites & universitas baronagii angliae conquerentes ostenderunt praedicto regi in concilio habito apud westm. in proxima quadragesima sequenti post praedictum concilium . whereupon by common advice it was agreed , to send ambassadors with second letters of their grievances to the pope at rome , directed thus . sanctissimo , &c. devoti silii sui comes cornubiae richardus , &c. & alii totius regni angliae barones proceres & magnates ac nobiles portuum maris habitatores , necnon & clerus & populus universus , salutem . matthew paris calls this a parlial●ament , convenientibus igitur ad parliamentum totius regni magnatibus , and mention is made of the first message in the close roll , 29 h. 3. rex abbati de sancto edmundo salutem . cum pro oppressionibus innumerabilibus factis in regno nostro per ecclesiam romanam ob quam magnates nostri ad sedem apostolicam appellarunt , & quosdam pro ipsis & pro universitate baronagii angliae ad concilium in brevi celebrandum ad appellationem suam prosequendam duxerunt destinandos . and indeed records and histories will furnish us with several precedents , where succeeding parliaments as well as these of h. 3. have sent letters to the pope when he attempted to invade the rights of the crown or kingdom . i will give two instances in the reigns of the two famous princes , edward the first , and edward the third . 1. edward the first , an. 29 of his reign , claimed scotland , as rex & superior dominus , the pope as a fiefe of the roman church ; the pope backed by the french king , summons edw. to appear before him in his court at rome , and sends his letters or bulls to the archbishop of canterbury to serve them ; the archbishop obeys , the king tells him , verum quia consuetudo est regni angliae quod in negotiis contingentibus statum ejusdem regni requiratur consilium omnium quos res tangit , and shortly after summons his parliament at lincoln , in octabis sancti hillarii , to advise with his parliament , how to defend the rights of the crown against the papal claim . the parliament thereupon send their letter to the pope , subscribed and sealed by several of the principal men of the parliament , as the usage of that age was , telling him , that sane convocato nuper per serenissimum dominum nostrum edwardum dei gratia regem angliae illustrem parliamento apud lincolniam generali ; the king had caused the popes letter , in medio , or pleno parliamento exhiberi ac seriose nobis fecit exponi , unde habito tractatu & deliberatione diligenti super contentis in litter is vestris memoratis , communis , concors & unanimus omnium nostrum & singulorum consensus fuit , est & erit inconcusse deo propitio in futurum , quod praefatus dominus noster rex super juribus regni scotiae aut aliis suis temporalibus nullatenus respondeat judicialiter coram vobis nec judicium subeat quoquo modo aut jura sua praedicta in dubium quaestionis deducat , nec ad praesentiam vestram procuratores aut nuncios ad hoc mittat , praecipue cum praemissa cederent manifeste in exhaereditationem juris coronae regni angliae & regiae dignitatis ac subversionem status ejusdem regni notoriam , necnon in praejudicium libertatis consuetudinum & legum paternarum ad quarum observationem & defensionem ex debito praestiti juramenti astringimur , & quae in manu tenebimus toto posse totisque viribus cum dei auxilio defendemus . nec etiam permitt 〈…〉 s nec aliqualit●● per 〈…〉 mus sicut non possumus nec debemus praemissa tam insolita , indebita , praejudicialia & alias inaudita praelibatum dominum nostrum regem etiam si vellet facere seu modo quolibet attemptare . quocirca sanctitati vestrae reverenter & humiliter supplicamus , quatenus eundem dominum nostrum regem qui inter alios principes orbis terrae catholicum se exhibet & romanae ecclesiae devotum , jura sua & libertates & consuetudines & leges praedictas absque diminutione & inquietudine pacifice possidere ac illibata persistere benignius permittatis . in cujus rei testimonium sigilla tam pro nobis quam pro tota communitate praedicti regni angliae praesentibus sunt appensa . datis & actis lincolniae , anno dom. 1301. 2. the second is , the letter to the pope , made at the parliament , 17 e. 3. touching provisions . quod rex & tota nobilitas regni pati noluit , &c. thus translated , whereby the phrase nobilitas regni , in the historian , will be explained . to the most holy father in god , lord clement , by the grace of god , of the holy church of rome , and of the universal church , chief and high bishop , his humble and devout children , the princes , dukes , earls , barons , knights , citizens and burgesses , and all the communaltie of the realm of england , assembled at a parliament holden at westm. the 15 th day of may last past , &c. in witness whereof we have hereunto set our seals . given in the full parliament at westm. on the eighteenth day of may , anno dom. 1343. and indeed the commons were so highly incensed , that the parliament roll of this year tells us , that la dite commune ne le poet ne le 〈…〉 t plus endurere those strange oppressions of the pope and provisors . so that the parliament of 24 h. 8. after great debate and consideration , and a diligent search and inspection of the antient records of the kingdom , did ground their statute amongst others , upon these great authorities ; the statute saith , whereas the king his most noble progenitors , and the nobility and commons of the said realm , at divers and sundry parliaments , as well in the time of king edw. 1. 〈◊〉 . 3. r. 2. h. 4. and other noble 〈◊〉 of this realm , made sund●● or 〈…〉 s , laws , statutes , and p 〈…〉 , for the entire and sure 〈…〉 tion of the prerogative , lib 〈…〉 , and preheminenc●● of th 〈…〉 〈◊〉 imperial crown of this realm , and of the jurisdiction spiritual and temporal of the same ; to keep it from the annoyance ; as well of the see of rome , as from the authority of other foreign potentates , attempting the diminution and violation thereof , as often and from time to time , as any such annoyance or attempt might be known or espied . pulton's stat. 24 h. 8. c. 12. but to conclude the point of the various lections , certainly the different and great variety of words and phrases , by which both the antient historians and records have in their several ages and times , expressed and denoted the communia concilia regni , or parliaments , as now called , and their constituent parts , being not well observed and considered by most of our late english authors ( who understood them as if they had signified what afterwards they did , and now do ) have imposed on our historical faiths , and propagated to posterity many palpable and gross errors , whereby great and unkind clashings and diversities of opinions , as well amongst learned men as others , have had their source and spring , nay , even between prince and people . the general conclusion . my only aim and endeavour in this discourse hath been from publick records , private manuscripts , and the best historians , to search out and discover truth , and to assert the just honour of our worthy and famous ancestors commoners of england ( as now phrased ) great maintainers of the interest and dignity of the king and kingdom ; and with submission to better judgment , i hope i have plainly proved , 1. that the freemen or commons of england were an essential and constituent part of the saxon wittena gemott , or parliament . 2. that they so continued in the times of w. 1. w. 2. and h. 1. which last being an englishman , by way of charter restored and confirmed the laws of edward the confessor , as his father william 1. as well by his magna charta , or great charter , as by his oaths had before done , both when he was crowned , and also at berkhamstead , in the seventh year of his reign . 3. and though the rolls of parliament , in the succeeding kings reigns till e. 2. be lost , or not found , so as we are at a loss as to the several orders of parliament , yet by what has been deduced from other records before cited , it is evident i conceive , that the citizens and burgesses were a part of the parliament , anno 16. of king john , and so had not their beginning by rebellion , anno 49 h. 3. and therefore i may with good reason and warranty conclude , that our ancestors , the commons of england , the knights , gentlemen , freeholders , citizens and burgesses of a great and mighty nation , were very far from being in former times such vassals and slaves , or so abject , poor and inconsiderable , as the absurd and malitious ignorance and falsities of late writers have been pleased to make and represent them , especially the author of the grand freeholders i●quest , and mr. james howel , as if they were only beasts of carriage and burden , ordained to be taxed and t●lli●●ed , and have their lives , estates , and liberties given away and disposed of without their own assents , under a novel opinion and conceit , that they were no part of the commune concilium regni , or parliament , before 49 h. 3. perlege quae regni clarissima conciliorum sunt monumenta , aliter nil praeter somnia cernis . appendix . after i had compleated the foregoing arguments , a material objection was by some of my friends offered me , which , if not cleared in this discourse , might , in their judgment , give a colour and pretence for a belief of an opinion , which is this : that the commons , or people of england , were from the time of the norman conquest represented by such as held of th● k 〈…〉 〈◊〉 capite , until 49 h. 3. and 〈◊〉 by two 〈◊〉 for each county , and certain burgesses for several burroughs , and barons for the cinque ports . having before laid down a clear and plain distinction between barones regis and barones regni , i shall therefore now distinguish upon the phrase milites & libere ●enen●es . 1. milites & libere ten●ntes qui de rege tenent in capite . 2. milites & libere tenentes de regno . the first distinction i thus prove , rot. pal. 2. johannis m. 9. rex dilec●is & fidelibus 〈…〉 s baronibus militibus & libere tenentibus qui de eo tenent in hi 〈…〉 rnia . rot. claus. 19 h. 3. m. 7. 8. dorso . re● 〈◊〉 〈◊〉 sciatis quod ar 〈…〉 〈◊〉 a●ba●es , priores , c 〈…〉 〈◊〉 , 〈◊〉 om●●s alii de regno , qui de nobi●●●nent in capite spontanea 〈◊〉 〈◊〉 , & 〈◊〉 consuetudine con 〈…〉 〈◊〉 〈◊〉 〈…〉 lium ad magna ne●●tia 〈◊〉 e●pedienda . rot. claus. 26 h 3. m. 7. dorso . rex 〈…〉 omili norhamptoniae praecipimus t●●i 〈◊〉 alias praecipimus qu●d 〈◊〉 facias archiepi 〈…〉 pos , episcopus , comites , barones , abbates , priores , milites , & liberos homines qui de nobis ●●nent in capite , &c. eodem modo seribi 〈…〉 omnibus vi●ecomitibus comitatuum angl 〈…〉 . as to the second distinction , the ancient chronicles of the kingdom say , that both before and after the conq 〈…〉 ( as we phrase it ) the kings of england held their court three times in every year , at easter , whi●son●ide , and christmas , and then the crown was attended with most of those qui de rege 〈◊〉 in capite , this was called ●●ria regis ; if any difference of right did arise between the king and his tenants , o● between tenant and tenant , here it was heard and determined , and many things were there acted and done in relation to the kings 〈◊〉 or tenants , but under favour this was not the commune concilium , regni or parliam 〈…〉 as we now call it , for the king held this court ex more of 〈◊〉 , as simon d●netmensis — and 〈◊〉 〈…〉 igorniensis write in vita 〈◊〉 primi . but when they , and contemporary historians , take no●ice of the meeting of the commune concilium , regni or parliament , then their expressions 〈◊〉 and say , that rex as●ivit orderieus vitalis , pag. 680. exprecepto regis convenerunt . eadmerus rex sanctione sua adunavit , flor. wigorn. continuat , and many such like expressions , which shew it was not held ex more of custom , yet true it is , kings did often convene or summon the common council of the kingdom at one of the said feasts , being a great conveniency to the tenants in capite . but they summoned the general council also at other times , according to the emergency of affairs , examples of which are obvious in the ancient historians . now to shew that the milites tenentes qui de rege tenuerunt in capite , ( together with the other great lords that held of the king ) were not the partes constitu●ntes , and alone did compose and make up the 〈◊〉 , the whole body of the general● , or commune concilium , regni or parliament . i will begin with a statute or act of parliament made tempore richard the first , who reigned before king john , father to h. 3. and 74 years before 49 h. 3. the assize or statute being made per assensum & consilium archiepiscoporum , & episcoporum , & abbatum comitum , & baronum , militum & libere tenentium totius regni . king john being divorced , the new queen was crowned de communi assensu & concordi voluntate archiepiscoporum , episcoporum , comitum , baronum , cleri , & populi totius regni . the king anno 6. summons a parliament tractatur : nobiscum de magnis & arguis negotiis nostris & communi regni utilitate . quia super his , qua a rege franciae per nuncios nostros & suus nobis mandata sunt ; and that expedit habere consilium magnatum terr● therein . the king per commune concilium regni then made an assize of money . and at the same parliament provisum fuit communi assensu archiepiscoporum , episcoporum , comitum , baronum , & omnium fidelium nostrorum angliae , that nine knights through all england should find a tenth bene para●um cum equis & armis for the defence of the kingdom , and that those nine knights should find the tenth knight every day two shillings ad liberationem suam . certainly the words fideles angli● cannot be understood to be restrained to the tenants in capite only . the archbishops , bishops , abbots , priors , & m●gnates regni gave an auxilium ad desensionem regni & re●uperationem ●●rrar●m nostrarum against the french king , and who the 〈◊〉 then were , the patent roll 〈◊〉 〈◊〉 . 1. shews where i● is contained , 〈◊〉 , &c. 〈◊〉 〈◊〉 , ba●on●s , milit●s , & alii 〈◊〉 regno retire 〈◊〉 ●●dium 〈◊〉 , 〈◊〉 〈◊〉 ali●s 〈◊〉 & prog●●itoribus ●ostris 〈◊〉 anglis liber●●iter 〈◊〉 〈◊〉 de omnibus ●●nis 〈◊〉 〈◊〉 hence i ●hall observe● . that the subsidy in 〈◊〉 . 1. time was granted in parlia●●nt , and so this of ●ing john's . 2. the words pre●●ri●●ribus no●●ris r●gibus 〈◊〉 must unquestion●bly compreh●nd king j●hn , grandfather to edw●●d the 〈◊〉 , and by a reasonable constructio● m●y ●e 〈…〉 nded higher . and at the 〈…〉 me parliament , 8 & 〈◊〉 〈◊〉 〈◊〉 universitas comi●um baranum 〈◊〉 〈◊〉 aliorum fidelium complain against the clergy about reme 〈…〉 wh●r●●pon the king granted his pr 〈…〉 or su●●rsed●● to the clergy tha● th●y s●ould do nothing therein , 〈◊〉 〈◊〉 univers 〈…〉 ( before mentioned ) super hoc colloquium habemus . anno 17 johannis , the agreement and peace at runningme●d was made between king john of the one part , and robert fitz walter , marshal of god and holy church , several 〈…〉 rls there named , & alios comites , & barones , & liberos homines totius regni ex 〈◊〉 parte , or as the patent rolis 17 johannis m. 17. dorso . generale concilium , and rot. claus. 28 h. 3. m. 12. dorso . parliamentum de runemed , i have seen it several ways spell'd or writ , runemeid , rendmed , redmede , which may seem to be a word of sa●on extraction , for mr. somner tells us , that 〈◊〉 is c●nsulere , and so justifies mat. 〈◊〉 . pag. 273. in his etymology , when he sa●s , rennemed quod interpretatum pra●um concilii eo quod antiquis temporibus 〈◊〉 de pace regni saepius con●ilia tra●●abantur . anno 2 h. 3. magna charta was in parliament granted and confirm●d , an ancient transcript of which , writ in the time of e. 1. i have , and conceive that those who then gave a subsidy of a fifteenth to the crown were the parts that compounded and made the communc concilium , regni or parliament , and who they were let the charter speak . pro●ac autem donatione , & concessione libertatum istarum & aliarum contentarum in charta nostra de libertatibus forestae , archiepiscopi , episcopi , abbates , priores , comites , barones , milites libere tenentes , & omnes de regno nostro dederunt nobis quintam decimam partem omnium bonorum suorum mobilium . testibus praenominatis & multis aliis dat. per manus venerabilis patris domini dun●●lmensis , episcopi , cancellarii nostri apud sa 〈…〉 um paulum london sexto die novembris , anno regni nostri secundo . which is confirmed by the close roll of this year thus : rex vic. ebor , &c. salutem mittimus libi chartas de libertatibus concessis omnibus de regno nostro , tam de foresta , quam aliis mandantes quatenus eas legi facias public● in pluro comitatu tuo convocatis baronibus militibus , & om nibus libere tenentibus ejusdem comitatus , qui ibidem jurent fidelitatem vestram , & in diligenter attendens singula puncta chartarum ea per omnia facias jurar● observari , &c. da● . 22. die februarii . anno dom. 1225. 9 h. 3. that king summoned a general or common council of the kingdom at 〈◊〉 presentibus clero & populo cum magnatibus regionis solemnitate igitur ut 〈◊〉 completa hubertus de burgo domini regis justiciarius exparte ejusdem regis pr●pojuit coram archiepiscopis , 〈◊〉 comitibus baronibus , & aliis universis , 〈◊〉 & injurias , qu● regi illata f●●rani in p●rtibus us trans 〈…〉 is . whereby the king and many ea●ls and barons were di●●nherited & cum multi sunt in causa multorum subventio erit necessaria petit ergo ab omnibus consilium pariter & auxilium quibus corona angliae dignitates amissas , ac jura posset pristina revoca●e , ad hoc quoque plene p●rficiendum regi suff●cere credidit , si ea quinia decima pars omnium rerum mobilium totius regni angliae , tam a personis ecclesiasticis , quam a laicis donaretur . to which it was answered , habita deliberatione quod regis petitionibus gratanter adquiescereni ; si illis diu petitas libertates concedere voluisset , which the king condescended unto . and chartis protinus conscriptis regis sigillo munitis & sic soluto concilio . the charters i shall pass over , only with this former observation , that i conceive those that gave the subsidy were the members of that parliament , and who they were will appear by the inspeximus of the great charter , and the charter of the forest inrolled in the statute roll , 25 e. 1. viz. pro hac autem donatione , & concessione libertatum istarum & aliarum libertatum contentarum in charta nostra de libertatibus forestae , archiepiscopi , episcopi , abbates , priores , comites , barones , milites , libere tenentes , & omnes de regno dederunt nobis quintamdecimam partem omnium mobilium suorum concessimus etiam eisdem pro nobis & haeredibus nostris , quod nec nos , nechaeredes nostri aliquid perquiremus ( i. e. a papa ) per quod libertates in hac charta consentae infringantur vel infirmentur . et si ab aliquo centra hoc aliquid perquisitum suerit , nihil esglise as countes , & barons , & a tout la communante de la terre que mes nul besoigne tien manere des aides mises ne prises de nostre roiaume ne prendromus forsque per commune assent de tout le roiaume & a commune profit de mesme le roiaume . teste 10 octobris . to deny therefore that the knights and freeholders de regno of england were a constituent part of the commune concilium , or parliament , in 2 & 9 h. 3. but were represented by the tenants in capite . a man may with equal reasons , and as strong authorities argue and affirm , that though the records plainly declare the enumeratio partium of those great councels , and the comites & barones to be one part then present , and that they gave a subsidy concurrent with the other parts , yet really , 1. they were not there nor joined in the tax , but were represented by the milites and libere tenentes de regno . 2dly , though the comites , barones , milites , & libere tenentes de regno are expresly and particularly mentioned in these grand charters , yet in truth they were not present at those great councils , but their votes and power were included , and they represented in and by omnes archiepiscopi , episcopi , abbates , & priores de regno , ( though the greater number of the two latter held not of the king in capite , ) who made laws , and gave taxes exclusis or omissis comitibus baronibus militibus , & libere tenentibus de regno . or 3dly , notwithstanding the naming of the prelates of the church , yet their power , vote , and authority was transferred and made over to the earls , barons , knights and freeholders of the kingdom , and their appearance there was not personal , but by representation , which no man certainly can believe . i shall close up this point with a memorable record which i happily found in the exchequer de anno 17 e. 3. the prior of coventry was attached to answer to the king de servitio octo seodorum militum per ipsum priorem & predecessores suos regi , & progenitoribus suis ab anno 29. domini regis h. proavi ipsius regis nune substracto & concelato . the prior appears per henricum de stretford , whereupon the barons order a search of the rolls and memoranda of the exchequer , and thereupon it was found in the roll of 29 h. 3. sub titulo de auxilio ad primogenitam filiam regis maritandam , that the prior stood charged with ten pounds for ten knights sees , and in the great roll 32. of the king titulato auxilium episcoporum a●batum , pr●orum con●essam ad sororem regis maritandam frederi●o imperatori , the prior stood charged de viginti marcis , &c. to this the prior pleads , quod ipse & predecessores sui tenuerunt omnia terras & tenementa sua per servitium duorum seodorum militum ●antum & quod dominus rex , seu progen 〈…〉 〈◊〉 de aliquibus aliis ser●itiis per 〈◊〉 〈◊〉 〈◊〉 , seu predecessores suos nun 〈…〉 〈◊〉 〈◊〉 per 〈◊〉 〈◊〉 , seu servici●● 〈◊〉 〈◊〉 〈◊〉 factum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 per memoranda hujus scaccarii , 〈◊〉 〈◊〉 inde serutinium , &c. 〈◊〉 quoad ●oc quod compertum est ●ic in rotulis &c. quod tempore dicti r●●●s henric● t●r●●● computatum fuit de 〈◊〉 〈◊〉 〈◊〉 de auxiliis eidem reg● henrico ad ●ilium suum ●ilitem faciendum & sororem suam maritandam conc 〈…〉 . hoc ●i non pr 〈…〉 in 〈◊〉 parte . di●it enim quod au●ilia illa non 〈◊〉 , 〈◊〉 〈◊〉 p●ssunt ●sse 〈◊〉 〈◊〉 〈◊〉 subsidia per 〈◊〉 , & communitatem regni spontanea , & mera voluntate regi concessa , & tam de teuentibus alio 〈…〉 , quam de tenentibus de domino rege in capite levanda quo prete●tu dictus compotus de auxiliis praedictis fuit tam pro feodis tenentium , tune prioris loci praedicti quam pro feodis ipsius prioris propriis , quod idem prior dicit posse liquere curiae per certificationem tune prioris loci praedicti tune baronibus de s●●●cario . from this record i shall make these observations : 1. that the crown could not de ju●● require any servi●ia from the subject , but those that were de●ita , omnes qui de rege tenent per servicium militare , ( and none else , ) regi faciant anxilium ad primogenitam siliam maritandam , saith the king , rot. pat. 29 h. 3. m. 7. dorso , and so said the law long before . sunt e●iam quaedam communes praestationes qu● servitia non dicuntur , nec de con 〈…〉 tudine veniunt , &c. sicut sunt hidagia , corragia , & carvagia , & alia plura de necessitate & ex consensu communi totius regni introducta & quae ad dominum ●●●di non pertinent . 2. there is a difference appears between servitia and auxilia : the law allows therefore the priors plea , when he says , that those extraordinary aides were not servitia but auxilia , granted to the crown per magnates & communitatem regni spontanea & mera voluntate , or as bracton before cited , consens● communi totius regni . 3. those aides were given tam de tenentibus aliorum quam de tenentibus de domino rege in capite levanda , quo praetexta dictus compotus de auxiliis praedictis were as well for the fees of the tenants of the then prior , as for the fees of the prior himself , which the prior said would clearly appear to the court by the certificate of the prior , his prodec●ssor , in the time of h. 3. made to the barons of the exchequer , so that the tenants of the prior did grant an aid as well as the prior himself , and that in parliament , for as i have observed before , rot. claus. 32 h. 3. m. 13. dor●o , there was a parliament then held . 4. that in the reign of h. 3. and preceding times , when the knights and freeholders , who held not of the king , but other lords , did in the commune concilium or parliament , gra●● 〈◊〉 au●●lium or aid to the crown , the great lord or baron of the fee , of who 〈…〉 the freeholders held , was 〈◊〉 in the exchequer to answer for 〈…〉 thereof , under the title of his 〈◊〉 , as the bishop of every 〈◊〉 , 〈◊〉 till queen elizabeth's time , was by law chargeable for the coll 〈…〉 , of 〈◊〉 granted by the clergy within his d●ocess , yet certainly as the bishop 〈◊〉 〈◊〉 any power to give for , or tax his 〈◊〉 ; no more could or did any great lord of the f●●●ither jure t 〈…〉 , or 〈◊〉 t●tionis , charge or give away the 〈◊〉 of his free t 〈…〉 , who were independent in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 solummodo 〈◊〉 ; this p 〈…〉 not well observed and understood 〈◊〉 late authors , has caused the 〈◊〉 about the t 〈…〉 〈◊〉 , representing the 〈◊〉 in parliament . 5. 〈…〉 held of the king in capite , yet very considerable in number , and all the citizens and burgesses should , till 49 h. 3. either be totally excluded from being any part of the generale concilium regni or parliament , or else by a law , of which there is not the least footsteps in history or law , were for so many ages to be represented by the tenants in capite only in parliament , the transcendent power of which council in conjunction with the king as head thereof sir thomas smith , that great and learned man , who was secretary and privy-councellor to our famous queen , an old parliament-man , when he comes to write of the parliament , and its largeness of power , says thus , in comitiis parliamentariis posita est omnis augustae absolutae que potestatis vis , quippe quemadmodum robur & virtus angliae dieuntur in acie residere parliamentaria comitia veteres leges jubent esse irritas , novas indueunt , praesentibus juxta ac futuris modum constituunt , jura & posse●siones hominum privatorum commutant , spurios natalibus restituunt , cultum divinum sanctioribus corroborant , pondera & mensuras variant — incerti juris contrever●●as dirimunt , ubi nihil lege cautum fuit , censum agunt , capitationes & vectigalia indicunt , delictorum gratiam faciunt , afflictas & majorum sceleribus perditas familias erigunt , vitae n●●isque potestatem in cos obtinent quos ad hujusmodi disquisitiones princeps advocaverat , atque ut concludam breviter , qui●quid in centuriatis comitiis , aut in tribunitiis populus romanus efficere potuisset , 〈◊〉 omne in comitiis anglicanis tanquam in coetu principem populumque represent ante commode transigitur . interesse enim in illo conventu omnes intelligimur ●uju●cunque amplitudinis status aut dignitatis princepsve aut plebs fuerit , sive per se ipsum hoc fiat , five per procuratorem , nam omnibus peraeque , gratum esse oportet qu●●quid ex senatusconsulto parliamentario profectum est . 6. it is observable , that the prescription of progenitores regis , in the record of the prior of coventry tempore e. 3. did expresly extend to the reign of h. 3. his great grandfather and higher too , so that i had good authority and warrant to say before , that , when the burgesses of st. albans , in the parliament 8 e. 2. affirmed , that they and their predecessors sicu● caeteri burgenses de regno , as the rest of the burgesses of the kingdom had totis retroactis temporibus , in all times past , in the time of f. 1. & pregenitorum suorum , and of his progenitors , sent two burgesses to every parliament , they had , as well as other boroughs of england sent burgesses to the generale corailium , or parliament before mentioned , in the 17th year of king john , grandfather to e. 1. at least , and so by clear evidence before 49 h. 3. from the aforesaid authorities and reasons , we may with good consequence conclude . 1. that the people or commons of england , from the time of the norman conquest , till 49 h. 3. were not represented in the commune concilium , regni or parliam●nt , by such only as held of the king in cap●●e . 2. and that the commons or people 〈◊〉 〈◊〉 ●●●in to be represented by knights , citizens , burgesses , and barons of the cinque ports in the said 40 h. 3. and now i shall subjoin some material records relating to my former discour●● . inter communia de term. trin. anno 7 e. 2. adhuc recorda . pjn nomine poliarc●t jesu christi salvato●is mundi totiusque creature creatoris cujus divino dominatui quique donatores debito servitio subnixe deserviunt , cujus etiam omnipotentatui universi potentatus obsecundari examussim preproperant , quia bonitas ejus bon 〈…〉 atis est incomprehensibilis , & miseratio inter minabilis , dapsilitas bomtatis ineffabilis longanimitas quoque super pravorum nequitias quantitatis prosixitate cujus●ibet longior qui co●idia●●s admonitionibus religiosam conversationem duccntes monet ut pie se●tando justitiae culturam non eam deseren dolinquant ; quin potius perseverabilt instantia in ejus cultura ut permaneant pat●rno affectu hortatux ; qui nihilom●nus eadem affectione mandat peccato●ibus ut resipiscant a suis iniquitatibus convertentes , quia eorum execratut mortem ejus amoris stimulo & fide suffultus cujus largif●ua miseratione ego cnut rex totius albionis insule aliarum nationum plurimarum in cathedra regali promotus cum consilio & decreto archiepiscoporum , episcoporum , abbatum , comitum aliorumque omnium fidelium eligi sanciend . atque perpeti stabilimento ab omnibus confirmandum ut monasterium quod biadricesworth nuncupatur , sit per omne evum monachorum gregibus deputatum ad inhabitandum , & ab omni dominatione omnium episcoporum comitatus illius funditus liberum , ut in eo domino servientes monachi , sine ulla inquietudine pro statu regni domini prevaleant precari . placuit etiam mihi hanc optionis electionem roborare privilegio isto in quo indere prccepi libertatis donum , quod jam olim edmundus rex occidentalium saxonn̄ largitus est suo equivoco pro nanciscenda ejus gratia , & mercede aeterna scilicet edmundo regi & martiri quod bone voluntatis voto augere cupimus , quatcnus ejus promereri partibus mercar portionem ●●us beatitudinis post hujus cursum vite . tali libertate concedo fundo frui illi in quo idem status pansat ut quociens populus universus persolvit censum danis vel ad naves seu ad arma persolvant inhabitantes in ipso fundo eadem ad usus , quos elegerint fratres illius loci sitque nobis remedio hoc michi quippe eque reginae meae elfgife ac filiis nostris omnibusque qui pridem ei hoc contulerunt . huic libertati concedo additamentum scilicet maritimos pisces , qui michi contingere debent annualiter per teolonei lucrum & piscationem quam ulfkytel habuit in wylla , & omnia jura quarumcumque causarum in villis quae monasterio adjacent & quae adjiciendae sunt per gratiam dei dedi quoque reginae meae assensum concedens ei pro sua elemosina dare quatuor milia anguillarum cum muncribus quae pertinent ad illas pro annuali censu in villa que cognominatur lakynghythe , si quislibet quod absit istam libertatem quoquolibet conatu nititur servitutis jugo subigere vel prava intentione transmatare ut rursus clericos in eo collocet loco sit addict●s captivitati aeterne careat sempiterna libertate , & mancipatus setvitio diaboli ejusque consortio sit in extricabilibus habenis constrictus nisi satisfactio ejus erratui subveniat quod prorsus optamus . ✚ ego cnut rex gentis anglorum aliarumque nihilominus hoc privilegium jussi componere & compositum cum signo dominicae ctucis consirmando impressi . ✚ ego alfgifa regina omni alacritate mentis hoc confirmavi . ✚ ego wulsta●●s ●rchicpiscopus conscnsi . ✚ ego athelnothus archicpiscopus confirmavi . ✚ ego godwinus episcopus corroboravi . ✚ ego alfwinus episcopus assensum dedi . ✚ ego alffinus episcopus consignavi . ✚ ego athericus episcopus conclusi . ✚ ego alfwynus episcopus roboravi . ✚ ego brithwaldus episcopus . ✚ ego iric dur. ✚ ego godwinus dux . ✚ ego ulf dux . ✚ ego eglaf dux . ✚ ego hacun dux . ✚ ego leofwynus dux . ✚ ego godricus dux . ✚ ego oslacus miles . ✚ ego theoreth miles . ✚ ego thurkil miles . ✚ ego thrym miles . ✚ ego brothor miles . ✚ ego alfricus miles . ✚ ego alfwynus miles . ✚ ego leofricus abbas . ✚ ego alfwardus abbas . ✚ ego athelstanus abbas . ✚ ego alfsias abbas . ✚ ego leofwinus abbas . ✚ ego wulfredus abbas . ✚ ego oskytelus abbas . ✚ ego alfwius . ✚ ego alfricus . ✚ ego alfricus . ✚ ego leoffius . ✚ ego leofricus . domino sanctae universalis ecclesiae summo pastori paschali ; conventus ecclesiae christi cantuariensis fideles orationes , & totius sanctae devotionis obsequium . notum esse non dubitamius gloriosae paternitati vestrae ( pie domine ) quod ecclesia cantuariensis mater nostra , sanctae scilicet romanae ecclesiae specialis filia jam ab obitu beatae memoriae patris nostri auselmi archiepiscopi per quinquennium cura pastoralis officii peccatis nostris exigentibus sit destituta nuper autem respectu misericordiae dei , adunato conventu totius anglici regni in praesentia gloriosi regis nostri henrici electus a nobis & clero & populo est ad regimen ipsius ecclesiae radulphus roffensis episcopus nobis sufficientissime cognitus , & propter uitae suae meritum & sanctae conversationis effectum toti regno valde acceptus . huic electioni affuerant episcopi abbates & principes regui , & ingens populi multitudo censentiente domino nostro rege & eandem electionem laudante , suaque auctoritate corroborante quoniam igitur ita res se habet mittimus ad vos , modis quibus possumus supplicantes ut quem ad sublevationem & consolationem ecclesiae suae deus ( quantum nobis datur intelligi ) elegit vestra sancta auctoritate in quo electus est confirmetis , & ei pallium quod omnes antecessores sui a sacratissima sede beati petri consecuti sunt transmittere dignemini ne sanctitate vestra aures pietatis suae precibus nostris ( quod deus avertat ) non inclinante in pristinas miserias aliquo eventu ecclesia nostra ( filia vestra ) reiabatur . ipsemet enim tanta corporis imbecilli tate gravatur , ut non sine magno periculo sui , & detrimento omnium no strum valeat hoc tempore vestigiis vestris se presentare . sanctum apostolatum vestrum omnipotens deus dignetur ad honorem suae sanctae ec clesiae per multa tempora incolu mem conservare dignissime pater . amen . henrico regi anglorum charo domino suo ac sum̄o honore uenerando , frater radulphus sanctae cantuariensis ecclesiae indignus sacerdos & totus conventus ejusdem ecclesiae salutem , & orationes & fidelia obsequia notum facimus sublimitati vestrae alexandrum regem scotorum cum consensu cleri & populi regni sui legatos suos ad nos misisse & consilium curae pastoralis ad opus ecclesiae sancti andreae a nostra ecclesia ex pe 〈…〉 sse considerantes ergo ●orum ju●●am petitionem & tam divini amoris reverentiam , quam sanctae matris ecclesiae utilitatem attendentes laudandis desideriis pium praebuimus assensum concessimus ergo ju●ta petitionem corum personam ecclesiae nosirae ab eis denominatam dominum edmerum quam a pueritia disciplinis ecclesiasticis sublimiter justitusum & sanctis moribus decenter ornatum ad officium sacerdotale omnino s●●mus 〈…〉 neum . uestram igitur ve 〈…〉 sublimitatem submisso corde ●●poscimus ut vestrae c●●situdinis pia voluntate atque 〈…〉 ritate & illorum deo 〈◊〉 〈◊〉 & super tam neces 〈…〉 io ecclesiae dei negotio nostrae hum 〈…〉 atis con 〈…〉 o ro●oretur . omni 〈…〉 s deus sublimitatem vestram ad ho●orem suum & munimen ecclesiae su● p●r longa tempora incolumen cu 〈…〉 & 〈◊〉 〈◊〉 regnum digni●are 〈…〉 nnis 〈◊〉 〈◊〉 digne●●● . rescriptum regis ad haec . henricus ret anglorum radulfo archiepiscopo cantuariae salutem volo & concedo ut monachum illum unde ret scotiae te requisivit , liberum ei concedas ad consuetudinem terrae suae in episcopatu sancti andreae teste everardo de calna apud rothomagum . patri uenerabili paschali summo pontifici henricus dei ●ratia ret anglorum salurem promotioni vestrae in sedem sanctae romanae ecclesiae plurimum congaudeo , pete●squod amicitia quae patri meo cum antecessoribus vestris fuit , inter nos quoque illibata permaneat , unde ut disectio & benignitas a me videatur sum●●e mitium . beneficium quod antecessoribus meis beatus petrus habuit vobis mitto , eosque honores , & eam obedientiam quam tempore patris mei antecessores vestri in regno angliae habuerunt in tempore meo ut haveatis volo ; eo videlicet ●enore , ut dignitates usus & consuetudines quas pater meus tempore antecessorum vestrorum in regno angliae habuit , ego tempore vestro in eodem regno meo integre obtineam notumque habeat sanctitas vestra quod me vivente deo auxiliante dignitates & usus regni angliae non minuentur & si ego quod absit in tanta me dejectione ponerem , optimates mei immo totius angliae populus id nullo modo pateretur habita igitur ●arissime pater utiliori deliberatione ita se erga nos moderetur benignitas vestra ne quod invitus faciam a vestra me cogatis recedere obedientia . rex baronibus , militibus , & omnibus fidelibus totius angliae salutem sciatis , quod die martis prox . ante — suscepimus literas domini papae in partibus pictaviae de — relaratione jnterdicti angliae , quas destinavimus venerabili p. winton episcopo justic̄ nostro & vos rogamus attentius tanquam dilectos , & fideles nostros quorum dilectioni & fidelitati plene confidimus quatenus secundum quod idem episcopus vobis diceret consilium & auxilium vestrum ad honorem nostrum & vestrum , & statum regni nostri melius commu nicandum efficaciter super hoc apponatis ut vobis modo ad uberiores teneamur gratiarum actiones . et ut dileoe . quam hactenus erga nos habuistis in hoc merito — nostrum si fieri literas nostras super hoc transmissemus , set ut negotium illud , quod & nobis & vobis ad commodum cedet & honorem & majori expediretur festinatione has literas , &c. t. meipso apud rupellam sexto die martii . eodem modo scribitur . majori & baronibus london . majori & probis hominibus winton . probis hominibus northampton . linc. ebor. oxon. glouc. heref. exon. wigorn. cantebr . hunt. bristoll . norwich . eodem modo scribitur . omnibus burgis & dominicis domini regis dat. eodem . rex dilecto & fideli suo willielmo com. maresc . salutem sciatis , quod salvi dei gratia & incolumes apud rupellam applicuimus die sabbati prox . post capt . jennim̄ & magnae partis gentis nostrae . et statim ex quo adveuimus tamen reddita nobis fuerunt cum relicta xxvj . castra & fortalicia & praeter paucos dies processimus ad castrum de millesen . obsidendum , & tunc castrum illud cepissemus venit ad voluntatem & misericordiam nostram johannes de portio clericus & continuo post illum venit similiter ad voluntatem & misericordiam nostram savericus de malo leone quem consilio domini burdegensis archiepiscopi & aliorum filedium nostrorum in pacem nostram admissi 〈…〉 s ; die autem martis pro● . ante mediam ●uad●agesimam dum adhu● moram fecissemus circa casirum illud funditus prosternendum , ●e●it ad nos acelina romana frater gulielmi de san●to andoeno afferens nobis literas demini papae de forma interdicti relaxndi in anglia quas ●enera●●●i patri nostra domino p. winton episcopo destina●●mus , unde vobis 〈…〉 us 〈…〉 tes 〈…〉 us ad negotium illud exequend ad honorem dei , & nostrum & vestrum consilium , & auxilium efficax impendatis & faciatis super negotio ista id quod dominus winton̄ episcopus justiciarius noster vobis dicet ad fidem & commodum nostrum , ut honorem inde habeamus & regni nostri status in melius commutetur unde merito ad perpetuas vobis teneamur gratiarum actiones . t. meipso apud rupellam octavo die martii . eodem modo scribitur omnibus comitibus , baronibus , & magnatibus angliae dat. eodem . reverendo domino suo & patri sanctissimo j. dei gratia summo pontifici johannes eadem gratia rex angliae , &c. salutem & debitam tanto domino ac patri reverentiam . cum comites & barones angliae nobis devoti essent antequam nos & nostram terram dominio vestro subjicere curasfemus extune in nos specialiter ob hoc sicut publice dicunt violenter insurgunt . nos vero post deum vos specialem dominum & patronum habentes defensionem nostram & totius regni quod vestrum est esse credimus vestrae paternitati commissam . et nos quantum in nobis est curam & sollicitudinem istam vestrae reservamus dominationi devotius supplicantes quatenus in negotiis nostris quae vestra sunt consilium & auxilium efficax apponatis ; prout melius videritis expedire latores praesentium venerabiles patres w. burdega● & h. dublin archiepiscopos magistrum r. canc̄ nostrum abbatem belli loci magrūm p. ebor̄ ecclesiae praecentorem & h. archidiac̄ & magrūm de arenio canon̄ ebor̄ , & nobiles viros j. marescallum & g. lutterell fideles nostros quos propter hoc ad pedes vestros transmittimus benignius exaudientes . nos enim super omnibus quae ad nos & regnum nostrum pertinent vices nostras & authoritatem sanctitati vestrae committimus ratum habituri & firmum quicquid inde cum consilio nunciorum nostrorum dureritis ordinandum . t. mcipso apud doveram 13. die septembris . jtem domino papae , &c. jn conspectu paternitatis vestrae humiliamus ad gracias multiplices prout melius scimus & possumus exhibendas pro cura & sollicitudine quam ad defensionem nostram & regni nostri angliae paterna vestra benevolentia indesinenter apponit licet duritia praelatorum angliae atque inobedientia malitiose impediant piae vestrae provisionis effectum . nos tamen pro effectu sincero quem ad nos geritis clementiae vestrae devotius inclinamus qui etsi ad praesens a superbis & a malevolis ad insipientiam sibi censeatur inefficax nobis erit domino concedente ad tuicoem & pacem & inimicis nostris confnsionem & terrorem inducit . et licet dominus pandulphus fidelis subdiaconus vester norwicensis electus nobis pernecessarius esset in anglia ut pote qui honorem ecclesiae romanae ac vestrum & totius regni nostri fideliter & devote procurat quia tamen nullo modo de statu nostro & regni paternitas vestra certificari poterit melius quam ipsum ad pedes vestros eundem destinamus invitum devocius supplicantes quatenus ꝑ ipsum specialiter & alios fideles nostros illatae vobis in persona nostra injuriae veritate comperta ad regimen regni nostri & nostrae observandum dignitatis paternae manum solicitudinis apponatis , prout excellens vestra discretio viderit expedire quod per dei gratiam laudabiliter facitis & secistis pro certo habentes quod post deum personam vestram & auctoritatem apostolicae sedis habemus unicum & singulare praesidium & sub vestri considencia patrocinii respiramus . teste &c. noverint universi quod dominus h. rex angliae illustris r. comes norff. & marescallus angliae h. comes hereford & essex j. comes de warewico petrus de sabaudia caeterique magnates angliae concesserunt in sententiam excommunicationis generaliter latam apud westm̄ tertio decimo die maii anno regni regis praedict . 37. in hac forma scilicet quod vineuso praefatae sententiae ligentur omnes venientes contra libertates contentas in cartis comunium libertatum angliae & de forresta et omnes qui libertates ecclesiae angliae tempotibus domini regis & praedecessorum suorum regum angliae optentas & usitatas scienter & maliciose violaverint , aut infringere praesumpserint , & omnes illi qui pacem domini regis & regni perturbaverint , & simiilter omnes qui jura & libertates regis & regni diminuere infringere seu mutare praesumpserint . et quod omnes venientes contra premissa vel eorum aliqua ignorantur & legitime moniti infra quindenam post mentionem praemissam dictam transgression̄ non emendaverint extunt praedictae sententiae excōicac̄onis subjacebunt jta tamen quod dominus rex transgressionem illam per considerationem curiae suae faciat emendari sciendum autem quod si in scriptis super eadem sententia a quibuscunque confectis , seu conficiendis aliud vel aliter appositum vel adjectum fuerit aut articuli aliqui alii in eis contenti inveniantur dominus rex & praedicti magnates omnes & communitas populi protestautur publice in praesentia uenerabilium patrum b. dei gratia cantuariensis archiepiscopi totius angliae primatis necnon & episcoporum omnium in eodem colloquio existent quod in ea nunquam consenserunt , nec consentiunt set de plano eis contradicunt praeterea praefatus dominus rex in prolacione praefatae sententiae omnes libertates & consuetudines regni nostri antiquas & usitatas & dignitates & jura coronae suae ore proprio specialiter sibi & regno suo salvavit & excepit in cujus rei memoriam & in posterum veritatis testimonium tam dominus rex quam praedicti comites ad instantiam aliorum magnatum & populi praesentium scripto sigilla sua apposuerunt . rex reginae & r. comiti cornub. salutem cum nos , & omnes magnates & praelati angliae juraverimus & promiserimus nuper apud westm̄ ' , quod magnam chartam nostram angliae in omnibus articulis suis teneri firmiter faceremus nos adhuc in eodem proposito persiūentes volumus & mandamus quod cartam illam super sacramentum singulorum uicecomitum in singulis comitatibus publice clamari faciatis & teneri , dum tamen praefati magnates & praelati eam fac̄ simili modo de cetero a suis subditis teste , &c. rex uenerabilibus in christo patribus omnibus archiepiscopis , episcopis , & dilectis sibi in christo abbatibus , & prioribus , & dilectis & fidelibus suis universis com̄ baron̄ militibus & aliis fidelibus suis hiberniae salutem mittimus dilictum & fidelem nostrum filium j. galfr̄ justc̄ nostrum hiberniae ad partes hiberniae ad exponendum vobis statum nostrum & terrae nostrae vascon̄ & pericula nobis imminentia & ad tractandum vobiscum super auxilium nobis faciend contra regem castell qui dictam terram nostram uascon̄ in manu forti in quindenam pasche primo futur̄ hostiliter est ingressurus vobis mandantes quod eidem justic̄ nostro in hiis quae nobis ex parte nostra super praedicto auxilio perquirendo intimabit fidem adhibeatis jn cujus &c. t. a. regina nostra & r. com̄ cornub apud westm. ij . die febr. per regn̄ . rex archiepiscopis , episcopis , abbatibus , prioribus , com̄ baron̄ , militibus liberis hominibus civibus burgensibus , & omnibus aliis fidelibus suis terrae suae hiberniae salutem mittimus fratrem nicholaum de sancto neoto fratrem ●ospic̄ sancti johannis jerusalem in anglia ad partes heberniae ad e●ponend vobis una cum j. galf. justic̄ nostro hiberniae statum nostrum & terrae nostrae uascon̄ & pericula nobis imminentia de hostili adventu reg. castell qui nullo jure set potentia sua confisus terram nostram uascon̄ per ipsius fortitudinem a manibus nostris auferre & a domino regni angliae segregare proponit universitatem vestram quantum possumus affectione rogantes quatenus nos & jura nostra taliter indefensa non deserentes nobis in tanto periculo constitutis quantumcunque in mundo poteritis de gente & pecunia ad predictae terrae nostrae defensionem quam praedictus rex in manuforti in estate prox . futur̄ hostiliter est ingressurus subveniatis quod in vestrum honorem uertetur sempiternum cum ex contrario hujus negotii eventu non tantum nobis set singulis regni nostri & terrae nostrae hiberniae — & rerum dampnum imineat periculosum hiis nostris augustiis taliter compatientes quod nos & haeredes nostri vobis & haeredibus vestris sumus non immerito obligati jn cujus &c. teste a regina & r. com. cornub. apud windsor xvij die februarii per reginam . rex omnibus &c. cum pro negotiis nostris arduis regnum nostrum contingentibus proceres & fideles regni nostri ad nos london in quindena pasche prox . praeterit̄ facere 〈…〉 us convocari & cum de negotiis supradictis maxime de prosecutione negotii siciliae diligenter cum eisde 〈…〉 tractaremus ac ipsi nobis responderint quod si statum regni nostri per concilium fidelium nostrorum rectificand duxerimus et dominus papa conditiones circa statum siciliae appositos melioraverit per quod negotium illud prosequi possemus cum effectu ipsi diligentiam fideliter apponent erga communitatem regni nostri quod nobis commune auxilium ad hoc praestetur nos eis concessimus quod infra festum natalis domini proximum futurum per consilium proborum & fidelium hominum nostrorum regni angliae unacum consilio legati domini papae si in angliam medio tempore venerit statum regni nostri ordinabimus & ordinationem illam firmiter observabimus & ad hoc fideliter observand supponimus nos cohercioni domini papae ut nos ad hoc per censuram ecclesiasticani prout expedire viderit valeat arctare protestamur etiam quod edwardus filius noster primogenitus praeūito sacramento corporali per literas suas concessit quod omnia superius expressa quantum in ipso est fideliter & inviolabiliter observabit & imꝑp̄um observari procurabit jn cujus &c. hiis testibus edwardo filio nostro primogenito galfr̄ de lazing , willielmo de valenc̄ frībus nostris p. de sabaudia , johanne de pless . com. warr̄ johanne maunsell thesaur̄ ebor̄ henrico de wingham decano sancti martini london , petro de rivall guidone de rocheford , roberto fitzwalter p̄ntibus & multis aliis com̄ baronibus regni nostri dat. apud westm. 7. die maii. nostre seignior le roy per le conseil & l'assentement de le roy de alemain & de countes & de barons & de● comun de la terre pardone & relesse a ceans de la meenee le counte & a touz ceux de sa compaignie ou que il scient ou cient este &c. en tesmoin ' de ceste chose nostre seignior le roy de angleterre & le roy de alem ' cest escrit unt mis leur seans doune a estratford le quiuszime jour de juyn le aun cynquant premer . henry per la grace dieu &c. per le conseil & le assentement nostre cher frere le roy de alem̄ e cuntes e de barun̄s e le comun de nostre terre avoms pardone quite & relesse a tuz ceus de londres totes maneres de ire & de rancor & de male volente &c. e avoms graunte & otree a touz ceus avantnomes que mal ne damage ne lour ferroms ne sufferoms estre fet , e ke il ne sient encheisonez ne enquerelez pur les choses avantditz en tesmoign de cestes nos & le roy de alem ' a cest escrit avoms mis nos seans donne a estratford le cessime jour de juyn lan de nostre regne cynquante premier . inter communia brevia de termino sanctae trin. anno regni regis e. 1. xxxiiij . recorda . memorand quod cum nuper dominus rex ordinasset quod edwardus filius suus primogenitus in festo pentecostes anno regni sui tricesimo quarto cingulo milicie decoraretur et mandatum esset archiepiscopis , episcopis , abb'ibus , prioribus , comitibus baronibus , & aliis magnatibus regni quod essent coram ipso domino rege & concilio suo apud westmon̄ in crastino sanctae trinitat , proximo sequent ad tractand & ordinand de auxilio regis faciendo ad miliciam praedictam & ad consenciend hiis quae ulterius ordinarentur in hac parte vel quod procuratores aut attornatos suos sufficienter instructos ad premissa loco eorum facienda mitterent tunc ibidem . ac etiam praeceptum fuisset singulis uicecomitibus angliae quod eorum quilibet venire faceret de cam̄ suo ad praefatos diem & locum duos milites & de qualibet civitate ballivae suae duos cives , & de quolibet burgo ejusdem ballivae suae duos burgenses , &c. ad tractand ordinand & consentind sicut praedictum est . uenerunt personaliter coram rege & consilio suo apud westm̄ ad diem illum antonius bek patriarcha jerosalomitanus episcopus dunolm w. de langeton coventr̄ & lich. radus de baldok london episcopi , h. de lacy comes linc̄ j. de warrenna comes surr̄ r. de monte hermer . comes gloucestr̄ & hertf. h. de boun comes hereford g. de bello campo comes warr̄ robertus filius walteri hugo le despenser johannes de hastinges hugo de veer willielms martyn , henr̄ le tyeys , johannes lovell , rogerus de mortuomari , johannes de mohun , alanus la zouche , will 's de leyburn , & robertus de burghersh , custos quinque portuum cum quibusdam baronibus portuum eorundem . ac etiam per procuratores & attornatos robertus cantuar̄ & will 's eborum archiepiscopi thom̄ exon̄ richardus hereford , johannes wynton , johannes cicestr̄ , thom̄ roffen̄ , robertas elyen , johannes norwycen , johannes lincoln̄ , simon sarum , will 's wygorn̄ , walterus bathon , & wellen , & johannes karliol episcopi abbates westmon̄ , sancti edmundi , sancti augustini cantuar̄ , sancti albani , glastonie , burḡ sancti petri rammeseye , thorneye , seleby & malmesbury , sancti petri gloucestr̄ , rogerus comes norff. & mars● . angliae thom̄ comes lancastr̄ , edmundus comes arundell , & quam plures alii praelati magnates , & proceres regui ●ecnon de quolibet comitatu regni ejusdem duo milites & de qualibet civitate duo cives & de quolibet burgo duo burgenses electi per communitates comitatuum civitatuum & burgorum eorundem ad praemissa loco communitatū eorundem tractand ordinand & conscenciend similiter venerunt . quibus praedictis omnibus congregatis coram consilio regis praedicto ipsisque ostenso per idem consilium er parte regis quod de jure coronae regiae auxilium domino regni fieri debuit in casu praedicto ac etiam quod expense multiplices & alia quam plura onera eidem domino regi incumbent ad rebellionem & maliciam roberti de brus proditoris ipsius domini regis & sibi in partibus scotiae adherentium qui adversus ipsum regem jam in illis partibus guerram movere praesumpserunt reprimendas . jidem prelati comites , barones , & alii magnates , necnon milites comitatuum tractatum super hoc cum deliberatione habentes considerantésque aurilium deberi ut praedictum est & quam plura onera regi incumbere propter guerram praedictam tandem unanimiter domino regi concesserunt pro se & tota communitate regni tricesimam partem omnium bonorum suorum temporalium mobilium quae ipsos habere continget in festo sancti michaelis pror , futu● habendam pro auxilio eidem domino regi competente ad miliciam filit sui praedicti ac etiam in auxilium misarum quas ipse est facturus circa guerram praedictam jta tamen quod ista concessio ipsius vel eorum successoribus aut haeredibus futuris temporibus nullatenus cedat in praejudicium , nec in casu hm̄oi trahatur in exemplum et quod in tarando bona praedicta excipiantur omnia que in taxatione qnintedecime a communitate regni domino r. anno regni sui xviiij concesse propter exilium judeorum fuerunt excepta . cives quidem & burgenses civitatum ac burgorum prdictorum ac caeteri de dominicis reg. congregati & super premissis tractatum habentes considerantesque onera domino r. incum●cntia ut praemittitur cidem domino regi unanimiter concesterunt ob causas supradictas vicesimam partem bono . rum suorum mobilium habend ut praedictum est . memorandum quod ad crastinum sanctae trinitatis prox . praeteritum praelati & caeteri magnates regni pro se & tota communitate ejusdem regni concesserunt domino regi tricesimam bonorum suorum omnium temporalium extra civitates burgos & dominica domini regis , & cives , & burgenses , & tenentes dominicorum praedi 〈…〉 orum vicesimam bonorum suorum tam ad militiam edwardi filii regis praedicti quam ad subsidium defensionis terrae scotiae contra robertum de brus & ipsius complites inimicos regis , &c. et forma conce●●ionis supradictae plenius annotatur in memorandis anni praecedentis termino trin̄ et subseripti venientes modo hic concesserunt satisfacere regi pro tricesima & uicesima praedictis ipsos contingentibus ut patet subsequenter . communia de termino sancti hillarii anno xvii e. 3. recorda . prior de coventr̄ attachiatus fuit ad rendend domino regi de servicio ●cto feodorum militum per ipsum priorem & praedecessores suos regi & progenitoribus suis ab anno 29. domini regis h. proavi ipsius regis nunc substracto & concelato et ipse prior per henricum de stretford attorn̄ suum venit . et super hoc quia barones plene volunt informari pro rege per rotulos & memoranda sacc̄ii de quibusdam negotium praedictum tangentibus antequam &c. datus est dies eidem priori hic ex assensu willielmi de thorpe servientis regis a die pasche in quindecim dies eo statu , &c. ad quem diem prior venit et quia nondum plene scrutinium , &c. datus est dies eidem priori ex praefixione cur̄ in octabas sanctae trinitatis eo statu , &c. et interim facto scrutinio rotulorum &c. compertum est in rotulo 29. regis henrici tertii sub titulo de auxilio ad primogenitam filiam regis maritandam videlicet de quolibet scuto xx s. contineri sic prior de coventr̄ reddit compotum de decem libris de decem feodis de quibus quidem decem libris willielmus trussell uicecomes dicti comitatus in compota suo de anno 32. ipsius regis henrici oneratus fuit inter alia debita quae debebat in fine ejusdem compoti sicut continetur in magno rotulo de eodem anno 32. & in rotulo 31. ejusdem regis henrici compertum est etiam in quodam rotulo compotorum titulato auxilium episcoporum abbatum priorum concessum ad sororem regis henrici maritandam fredirico imperatori videlicet de quolibet scuto duas marcas contineri in hunc modum prior de coventr̄ reddit compotum de viginti marcis de eodem . in thesaurario octo marcas et debet duodecim marcas de quibus respondet in warr̄ in rotulo 34. et in eodem rotulo 34. requirebantur de ipso priore quindecim marcae de auxilio ad transfretationem regis in vasconiam & duodecim marcae de auxilio ad sororem regis maritand . de quibus quidem duobus debitis idem prior postmodum regi satisfecit sicut continetur in rotulis annalibus de annis 36. 39. & 40. dicti regis henrici tertii . item compettum est in rotulo de servicio regis edwardi filii regis henrici summoni● apud rothelan die dominica in crastino sancti petri ad vincula anno regni sui decimo contra lewelinum filfum griffini & david fratrem ejus & alios walenses quod prior de coventr̄ recogn̄ servicium duorum feodorum militum pro quo finem fecit et in rotulo de finibus factis pro serviciis scotiae anno ejusdem regis edwardi tricesimo primo annotatur quod prior & conventus de coventr̄ recognoverunt servicium duorum feodorum militum & finem fccerunt per quadraginta libras et in rotulo de finibus pro serviciis scociae anno 34. ejusdem regis edwardi filii regis continetur quod prior de coventr̄ per fratrem johannem holeweye commonachum & attornatum suum recognovit servicium duorum feodorum militum & finem fecit pro eodem per quadraginta marcas . et inter fines factos in scaccario coram tenente locum . thesaurarii & baronibus pro serviciis regi debitis in exercitu scociae anno regis edwardi filii regis edwardi septimo videlicet pro servicio unius feodi viginti marcas continetur quod willielmus herle & robertus de leicestr̄ finem fecerunt cum rege pro priore de coventr̄ pro servicio duorum feodorum militum per quadraginta marcas . et praedictus prior ad praedictas octabas trinitatis venit ut prius per attornatum suum praedictum et willelmus de thorp , & johannes de stoford servientes regis veniunt pro rege . et super hoc expositis praesato priori hiis quae per scrutinium rotusorum inveniuntur ut supra & per ipsum priorem auditis & intellectis isdem servientes regis petunt quod idem prior super hoc respondeat , &c. et praedictus prior dicit quod ipse & praedecessores sui tenuerunt ●mnia terras & tenementa sua tam videlicet ea quae habet in dominico quam in servicio per servicium duorum feodorum militum tantum . et quod dominus rex seu progenitores sin de aliquibus aliis serviciis per ipsum priorem seu praedecessores suos nunquam seisiti fuerunt per finem feu servicium per corpora hominum factum quod liquere poterit per memoranda hujus scaccarii si fiat inde scrutinium , &c. et quoad hoc quod compertum est hic in rotulis , &c. quod tempore dicti regis henrici tertii computatum fuit de certis pecuniae summis de auxiliis eidem regi henrico ad filium suum militem faciendum & sororem suam maritandam concessis . hoc ei non praejudicat in hac parte . dicit enim quod auxilia illa non fuerunt nec censeri possunt esse servicia immo quaedam subsidia per magnates & communitatem regni spontanea & mera voluntate regi concessa & tam de tenentibus aliorum quam de tenentibus de domino rege in capite levanda quo praetextu dictus compotus de auxiliis praedictis fuit tam pro feodis tenentium tunc prioris loci praedicti quam pro feodis ipsius prioris propriis , quod idem prior dicit posse liquere curiae per certificationem tunc prioris loci praedicti tunc baronibus de scaccario de mandato regis henrici factam de feodis quae ipse tunc prior tenuit de veteri feoffamento & de novo super quo certificatum fuit quod feoda quae dictus tunc prior tenuit in dominico & feoda quae tenentes sui de ipso tenuerunt fuerunt in toto decem feoda , &c. et petit judicium desicut ipse tenet omnia terras & tenementa sua per servicium duorum feodor̄ militum tantum , nec sit compertum hic penes scaccarium quod dominus rex seu progenitores sui de aliquibus aliis seu plutibus serviciis per manus dicti prioris seu predecessorum suorum unquam seisiti fuerunt si ipse de aliquo feodo seu hujusmodi servicio concelato impetiri seu calumpnari debet in hac parte . et super hoc quia dicti servientes regis volunt super responso suo deliberare , &c. datus est dies eidem priori hic in octabas santi hillarii ea statu , &c. ad quem diem praedictus prior venit & ob eandem causam qua prius datus est ei dies ulterior hic a die pasche in quindecim dies eodem statu quo prius . ad quem diem idem prior venit & ob dictam causam adjornatur ulterius usque quindenam sanctae trinitatis eo statu , &c. ad quem diem ven̄ & datus est ei dies ulterius usque octabas sancti michaelis anno viz. decimo nono regis hujus ea finis . notes, typically marginal, from the original text notes for div a54633-e1050 spelm. concil . tom. 1. p. 34. erac beltaunia viginti & octo civitatibus quondam nobili●●imis insignita praeter casteila innumera quae 〈◊〉 ipsa muris , turribus , portis ac seris eraut instructa ●●rm●●simis . 〈◊〉 er●l . h●●t . 〈◊〉 . 〈◊〉 c●● 〈◊〉 . xiphilin . è dione cassio p. 601. impress . basiliae . sp●●m . con 〈…〉 . to●● . 1. p. 126. idem tom. 1. pag. 219. ●ed . eccles. histor. lib. 1. antiquit. britanniae , p. 75. parliamentum synodus magna nuncupatur . somn●●i 〈◊〉 . malme●b . lib. 3 p. 56. l. 24. 〈…〉 m. gloss. 〈◊〉 . gemotum , ●ol . 261. camd. britan. in 8 o. impress . 1586. fol. 63. lambard de priseis anglor . legibus cap. 8. sol . 139. bracton 〈◊〉 . 134. coke 12. rep. sol . 65. plouden . commen . sol . 236 , 237. 〈◊〉 con●ilia pag. 39. 397. chron. ●o●annis br 〈…〉 pton , col. 841. i 〈…〉 er commu 〈…〉 de term. s 〈…〉 ae 〈◊〉 〈◊〉 . 7 〈◊〉 . 2. p 〈…〉 r 〈…〉 domini thesaur . in s●●●ca●io rema 〈…〉 . cha●●a regis 〈◊〉 . will. malm●b . de gestis reg. anglor . l. 2. pag. 4● . b. 〈◊〉 . 16. ●g . 42. l. 21. lib. 1. mat. 〈◊〉 . pag. 〈◊〉 . 〈…〉 a 〈…〉 lamberdum . s 〈…〉 review of his history of tythes . sir ●oh● da 〈…〉 reports , in his c 〈…〉 of 〈◊〉 〈◊〉 4● . camd. britan. spelmans glossary verbo drenches , pag. 184. sha●d . in ca● . in ●tin . temp. e. 3. fol. 143. b. johannes shardelowe unus justi● . de banco . rot. pat. 16 e. 3. par● 1. m. 2. in ore gladii ( saith he ) regnum adeptus sum , anglorum devicto haraldo rege cum suis complicibus qui mihi regnum cum providentia dei destinatum & beneficio concessionis domini & cognati mei gloriosi regis edwardi concesa●● conati sunt a●s●rre , &c. chart. 〈◊〉 . in inspex . part. 7. 1● e. 4. membr . 26 ms. penes meipsum . 〈…〉 . 〈…〉 . 〈…〉 . main●●●sh . de gest. pontif. pag. 154. b. 〈◊〉 . concil . tom. 2. pag. 3●1 , 342. 〈◊〉 pi 〈…〉 is 〈◊〉 saith , pag. ●●8 . nulli gallo datum quod anglo cuiquam injustè sterit ablatum . s●ldeni ad eadm●rum spiceleg . pag. 190. net. 〈◊〉 〈◊〉 〈◊〉 conquest . 〈◊〉 pag. ●●5 , 257. 〈…〉 s●●●●ns titles of honor , pag. 580. ●em pag 523. mat. 〈◊〉 in ●●ta sanct● 〈◊〉 abbat 〈…〉 , pag. 48. mat. pare in vita 〈◊〉 abbat 〈…〉 〈◊〉 l. 3● . hoviden pars prior pag. 260. mat. paris in ●●●a s. a●bani abbatum , pag. 48. * naturalium . mirror of justices , chap. 1. pag. 9. de eventibus anglia lib. 5. sol . 2681. col. 1 , 2. ●e●●a● dorob . act. pont. cantuar . p. 1653. 〈◊〉 . 5. relat. 〈◊〉 primi ad 〈◊〉 tractat . de 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 194. 〈◊〉 ti● . of honor , pag. 58● . ex car●●lario coenobii 〈◊〉 in bibliotheca c●tton . sub e●●igie 〈◊〉 , a. 3. provincia , 〈◊〉 . co 〈…〉 , 〈◊〉 ti● . of honor , pag. 2●● . 〈◊〉 . glo●● . ti● . provincia , pag. 4●● . parlia●●ntum synodus 〈◊〉 ●gn● 〈◊〉 , s 〈…〉 . 〈◊〉 . 〈◊〉 . 3. fol. 60. eadm●● 〈◊〉 vita 〈◊〉 . 2. sol . 13. l. 5. an. dom. 1187. 〈…〉 hoveden pars prior pag. 264. lin. 40. b. * 〈…〉 ruined 〈◊〉 〈◊〉 . 1. rot. parl. 1 〈◊〉 . 4. art. 1● . pultons stat. 20 e. 3. sol . 137. king james's first speech to his first parlialiament in england . pulton stat. 1 jacobi , cap. 2. sol . 1157. king charies the first 's declaration to all his loving subjects , published with the advice of his privy council . exact collectious of declara●ons , pag. 28 , 29. mat. par. a. d. 11●0 . pag. 55. l. 20. in 〈…〉 itio ne qui magnates , viz. comes , baro , miles , seu aliqua al● notabi●●s persona transeat ad partes transmarinas . ro● . c●aus . 3 e. 2. m. 1● . dor●o . sie igitur ist● . modo willi●●●o ●ortuo 〈…〉 rtas frater 〈◊〉 in 〈◊〉 contra inimicos fibi infestos in guerra sua occupatus est , in codem tempore i●te ro 〈…〉 s semper contrarius & adeo innaturalis extiterat baroni bus reg●● arglie quod plenario consensu & consilio totius communi 〈…〉 s r●g●● imposuerunt ei illegitimitatem quod non fuerat procreatus de legitimo th●r● willielmi conquestoris , unde unanimi assensu suo ipsum recutarunt & pro rege omnino recusaverunt & h●nricum fratren in regem 〈◊〉 . henr. de knighton , coll. 2374. cap. 8. l. 14. ll. guli●●●ni primi , lamb. sol . 175 , 176. hac etiam carta habeatur apud mat. pa●is . an. dom. 1118 , and 1213. carta modera●ioni . ●●odi magni si●●lli anno 〈◊〉 ●ahannis . ex vete●● registro in archivis . cantuar. archiepiscopi . rot. pat. 〈◊〉 h. 3. m. 12. cake 2. instir. sol . 79. rastals stat. 1 e. 3. ll. g 〈…〉 ni primi l●●● . sol . 175 , 176. camd. britanin 8. de ordin . angli . e , sol . 61. w●●● . malmesb. histor. novel , lib. 1. pag. 101. l. 15. b. hoveden pars posterior , pag. 282. l. 13. ms. vita tho●e archiepiscopi cant. in bibl. cotton . s●l●e●s titles of honor , fol. 585. carta moderationis seodi magni sigilli . mat. west●● . pag. 397. l. 57. rot. pat. 50 h. 3. m. 3. dorso . rastalls stat. pag. 12. mat. w●●●m . sol . 393. l. 1. d● h●ylins stumbling block , pag. 189. rot parl. 40 e. 3. n. 78. mat. 〈◊〉 . an. 1245. p. 191 , 197. malmisb . lib. 〈◊〉 . pag. 56. oratio regis henrici ad anglos . mat. paris in vita h. 1. pag. 62 , 63. inhibitio nèqui magnates , viz. comes , baro , miles , seualiqua alia notabilis persona transeat ad partes transmarinas . rot. claus. 3 e. 2. m. 16. dorso . notes for div a54633-e11110 rot. parl. 8 e. 2. n. 233. pro burgenses de san●●o a 〈…〉 . who sent burgesles to parliament 28 e. 1. 35 e. 1. 1 〈◊〉 . 2. 2 e. 2. 5 e. 2. p 〈…〉 's 4. part of parliamentary wri●s , pag. 〈◊〉 . those rolls lost , or destoyed . the statute of articuli cleri made the next year after this record cells us that there were divirsa parliamenta temporibus progenitorum suor●● regum ang●●● . coke 2. instit. 〈◊〉 . 618. respons . est per concilium . nota , rolls of summons to parliament , were extant this very parliament , rot. claus. 8 e. 2. m. 25. selden's titles of honor , fol. 604 , 605. it appears by the patent roll of 26 e. 3. that there were parliamenta , and summons to parliament , temporibus progenitorum , & ante annum 49 h. 3. rot. pat. 26 e. 3. pars 1. m. 23. rot. pat. 15 joh. pars 2. m. 2. in the antient subsidy rolls we often meet with the tenants in antient demesne in parliament , and giving subsidies , and it is the opinion of my lord hobart , sol . 48. that by continuance of time they were discontinued , and it may be one reason thereof was , that it was an ease granted them by the king in favour of their labour of the earth . vide rot. de 20. & 15 ed. 2. apud northampton , an. regni sui primo à laicis concessis . rot. de 15. burgorum regi e. 2. an . regni sui nono apud 〈◊〉 〈◊〉 . à laicis concessa . in custodia clerici pipae in sc●ccario remanen . rot. pat. 15 joh. pars 2. m. 1. inhibitio ne qui magnates , viz. comes , baro , miles , seu aliqua alia notabilis persona transeat ad partes transmarinas . rot. claus. 3 e. 2. m. 19. dorso . 1. negative . 2. affirmative . mat. paris an. 1214. pag. 249. l. 27. pau●●is evolutio di●bus congregantur apud londoniam archiepiscopi , episcopi , abbates , multarumque ecclesiarum praelati cum comitibus & baronibus totius regni ut negotia regni & ecclesiae pertractarent cum theobaldo cantuar. archiepiscopo apostolicae sedis legato , eidem concilio praesidente . mat. paris in vita rob. abb. s. albani an. dom. 1155. pag. 72. l. 26. selden's titles of honour , part 2. sol . 587. mr. 〈◊〉 animadversions on the lord cokes fourth inst. pag. 3. mr. paris anno 1213. pag. 236. an. regni ioh. 14. 〈◊〉 . parl. 〈◊〉 〈◊〉 . 3. n. 7 , 8. and with this agree the scottish laws . et idem rex scotiae dicit sicut prius quod de aliquo regnum s●●m contingente non est a 〈…〉 s nes potest hic respondere inconsultis probis hominibus regni nostri . placita parl. inter johannem regem scotiae & magdulphum . 21 e. 1. pag. 157. item ad rolorandum consederationem quondam initam inter ipsum fran●orum regem ex una parte & dictum johannem de balliolo ac praelatos & nihil●s & universitates & communitates civitatum & villarum dicti regni scotiae pro ipsis & eorum haeredibus & successoribus ex altera parte . ex rot. in turri london . prynn's 3. tom. of ecclesiastical jurisdiction , 28 e. 1. rot. pat. 15 johannis pars 2. m. 8. interdictum , quod vulgariter utlagatio nuncupatur . nam cum sub edwardo tertio in ordinum consessu quaestio habebatur de donatione illa decantatissima johannis regis sacta innocentio papae tertio & successoribus ejus , unde urbanus quintus tum annum inde natum mille marcarum angliae & hiberniae simul nomine censum sibi tunc solvi petehat , &c. ordines universi idque tam generis ●ieratici ( quod mirere ) quàm proceres seu senatus populusque in comitiis illis solenni inita deliberatione responderunt unanimes irritam plane fuisse johannis donationem illam utpote tam sine ordinum assensu quam juramento ejus inaugurali adversam . johannis seldeni ad fletam dissertatio . cap. 10. fol. 552. mat. paris . pag. 283 , 284. nomine baronagii angliae omnes quodammodo regni ordines continerentur . camd. britan . in 4. de ordin . angliae . fol. 61. ex chronico adam merimouth in bibliotheca cottoniana sub effigie cleopatrae . a. 16. p. 67 , 68. an. dom. 1300. 29 e. 1. rot. claus 3 e. 1. m. 9. in schedula . deliberationem habere cum praelatis & proceribus ( i. e. ) parliamento sine quorum communicato consilio sanctitati vestrae super praedictis non possumus respondere , & jurejurando in coronatione nostra praesiito sumus astricti quod jura regni nostri servabimus illibata , nec aliquid quod diadema tangat regni ejusdem absque ipsorum requisito consilio faciemus . mat. paris . pag. 325. l. 45. 9 h. 3. rot. claus. 23 e. 1. m. 3. dorso . 〈…〉 〈◊〉 . 〈…〉 rot. claus. pat. 32 h. 3. m. 13. dorso . rot. claus. 32 h. 3. m. 12. dorso . rex 〈◊〉 . 〈◊〉 ep 〈…〉 po , &c. in 〈…〉 o parliamento no 〈…〉 o quod suit 〈◊〉 . bracton lib. 2. cap. 16. fol. 37. rot. claus. 〈◊〉 h. 3. m. 13 , dorso . rot. p●● . 3● h. 〈◊〉 . m. 〈◊〉 . dorso . at this parliament was the dreadful sentence or curse published in the great 〈◊〉 it 〈◊〉 . by the clergy gainst the breakers of mag●● 〈◊〉 by consent of parliament . 〈…〉 tals st 〈…〉 15. rot. pat. ●2 h. 3. m. 3. n. 9. de inquisitionibus faciendis per singulos comitatus angliae . rot. pat. 42 h. 3. m. 4. henr. &c. saches que pur le profit de nostre rea●me & a la requeste de noz ha●s 〈◊〉 〈◊〉 ●omes e du comun de nostre reaume . rot. pat. 48. h. 3. pars unica m. 6. dorso . forma pacis inter regem & barones . rot. pat. 4● h. 3. m. 4. dorso . rastals stat. p. 987. stat. 3 & 4 e. 6. cap. 3. where in the parliament holden at m●rton in the 20 h. 3. rot. parl. 2 h. 5. p. 2. n. 10. nota. this memorable record amongst several others as remarkable , is entirely left out in the exact abridgment of the parliamwnt rolls , published under the name of sir robert cotton , by mr. pryn. 〈…〉 rot. parl. 22 e. 3. n. 30. pulton stat. rot. pat. 1 h. 3. m. 13. rex archiepiscopis , &c. militi●us & libere ten●ntib●s & omnibus fidelibus s 〈…〉 s per hibernia● , &c. quod in sig●●m fidelitatis ●estr● , &c. libertation regao no●tro angliae a 〈◊〉 vostro & no●is concessis de gratia nostra & dono in regno hiberniae ga●deatis , &c. sed non si● angliae stat●ta oriri possunt dum nedum principis voluntate sed & tot●●s r●gni ass 〈…〉 ipsa cond●●t●r . fortescue , cap. 8. pag. 40. bracton . lib. 1. cap. 1. fol. 1. inhibitio nè qui magnates , viz. com●s , bar● , miles , sea aliqua alia notabills persona transeat ad partes transmarinas . rot. claus. 3 e. 2. m. 16. dorso . kings vale royal of england , fol. 9 , 10 , 11. 〈◊〉 〈◊〉 which supp●●cation , though it be not that i know of upon record , yet i have seen very many copies thereof , and particularly i have a copy of it my 〈◊〉 which was written in the year mdlxxxxii . ex li 〈…〉 〈◊〉 the 〈◊〉 〈…〉 aring cestrensis baronet●i ad me m 〈…〉 , anno dom. 〈◊〉 . rot. parl. 51 e. 3. art . 46. le convocation n'ad ascun power a faire ascun chose a lier le temporaltie . 20 h. 6. 13. et issint le rule 44 e. 3. 19. ●t ●ray q' n●l 〈◊〉 oblige le poe●●e 〈◊〉 ; c●● q' est fait par cons●nt del poeple . davis rep. fol. 〈◊〉 . henr. de knighton de eventibus angliae lib. 3. pag. 2502. l. 24. an. dom. 1294. 22 e. 1. v 〈…〉 . coke 2. insi . fol. ●5 . 〈…〉 rot. pat. 51 h. 3. m. 16. pro ●●ce inter r●g●m & com. glouc. nota , 〈◊〉 earl of 〈…〉 wal , w●● elected king of h●ngary , or almain . ibidem . coke 2. instit. sol . 599. articuli c●●●i ex fragmenta . rot. parl. an. 51 h. 3. rot. pat. 54 h. 3. m. 7. intus . d● signo 〈…〉 . for all pa●●●ament ●●●ls of the time of h. 3. are l 〈…〉 〈◊〉 ▪ 〈…〉 me 〈◊〉 in the parl●●ment ●t o 〈…〉 , in 44. of the ●ame king , which i have heretofore used by the favour of an honoura●le p●rson that 〈…〉 . 〈◊〉 first part of 〈◊〉 writs , ●ol . 16● . 〈…〉 , sol . 33. p 〈…〉 's stat. 〈◊〉 . 1● , 18 , 2● , ●● , 43 , 44 , 46 , ●● , ●● , 71 , 73. vide the writs upon the statutes of 〈…〉 m. 1. 3 e. 1. glo●● . 6 e. 1. de mercatorio●s , 13 e. 1. de va●●o , 20 e. 1. declare they were made per commune concilium regni . coke 2. instit. sol . 156. all the antientest writs of summons of our temporal lords to great councils , being utterly lost through negligence , or perished through the rust or consumption of time , the very first writ of summons to them , and kalendar of their names , now remaining , is that of 49 h. 3. prynns register of parliamentary writs , part 1. sol . 160. ●●t to point out who they were ( viz. b 〈…〉 mai●res ) that had their first rise by writ of summons until 22 e. 1. and afterwards , pasteth my skill , there being no publick record that doth make mention of them till then , excepting that of 49 h. 3. d 〈…〉 pres ▪ to his ba 〈…〉 angliae , tom. 1. ex ms. 〈…〉 s honorabile● dominum bar. de hollis . pulton's stat. sol . 99. 25 e. 3. it is considered and declared by the whole body of this realm now represented by all the estates of the same assembled in this present parliament , that the kings highness , before almighty god , is bound as by the duty of a good christian prince , for the conservation and preservation of the good estate and common-wealth of this his realm , to do all that in him is , to obviate , repress , and redress the said abusions and exactions of annates , or first-fruits . apad capell . rotulor . rot. parl. 23 h. 8. n. 33. m r pry●n's preface to s● rob●rt cotton's abridgment of the records i● the tower. rot. pari. 1 〈◊〉 4. n. 8. 〈◊〉 richard 〈…〉 〈…〉 it rot 〈…〉 pa●●●am●nti 〈◊〉 〈◊〉 suo 〈◊〉 & d 〈…〉 i. lamberd archion . sol . 246. prynns truth triumphing over falshood , antiquity over novelty , sol . 69. parliamentum synodus magn● nun 〈…〉 r somneri gloss. cabala sol . 65. a 〈…〉 . 1621. 〈◊〉 〈◊〉 of the 〈◊〉 world. 〈…〉 . sir 〈◊〉 mor● 's works , sol . 296. willtelmus rastall s●rviens ad lige● constitatus jast●● . de 〈◊〉 . tesre rege apud 〈◊〉 . 2● octobr . 〈◊〉 . par. 〈◊〉 〈◊〉 61● & 〈◊〉 rot. pat. 〈◊〉 h. 〈◊〉 . 4. 〈◊〉 . 〈…〉 . inquisitio facta ad parliamentam de tristel dermond die mercurii proxima post festion sanctae trinitatis an. 48 h. 3. coram domino ricardo de rupella capitali justiciario hiberniae & co●am domino hugone de tachmone epi 〈…〉 po midensi tane t●●s●●rari● , &c. ex reg 〈…〉 architpi 〈…〉 dubliniensis . parliament in ireland , a● . 48 h. 3. ibid. 〈◊〉 . rot. pat. 5 e. 1. m. 13. rot. pat. 28 e. 1. m. 15. de 15 1 regi in hibernia con●essa taxand . inhibition ne qui mag●atis , videlicet comes , 〈◊〉 , milis , s●ali ●ua alia notabilis person● transeat a● partes transmarinas . rot claus. 3 e. 2. m. 16. 19. dorso . paul●s aemilius hist. franc. lib. 9. rot. parl. 9 h. 5. n. 14. pars 1 a. approbatio pacis inter r●gna angliae & franciae nuper conclusae . rot. parl. 11 h. 7. n. 40. in consimiliforma . the last of which , being the citizens and burgesses , appeared by their representatives or delegates . the portugal history . impress . an. 1677. pag. 279. p 〈…〉 in hi 〈…〉 th●anus hist. lib. 131. fol. 1108. tom. 〈◊〉 . regiam majestatem scotiae . apud eundem statuta wilhelmi regis , pag. 3. cap. 7. 〈◊〉 statut● alexandri 〈…〉 , pag. 2● . 〈◊〉 . 2. r●● . 〈◊〉 . 〈◊〉 〈◊〉 2. 〈◊〉 . 2. 〈◊〉 〈◊〉 exon. wor 〈…〉 hunt. 〈◊〉 . &c. ex 〈◊〉 in ●●●ri london . 28 e. 1. 〈◊〉 〈◊〉 〈◊〉 . lib. 1. cap. 1. 〈…〉 . 〈◊〉 〈◊〉 〈◊〉 spi●●●● . ●od . de 〈◊〉 . lib. 1. cap. 3. objection . eum ●go pl●b●i●m vo●● , qu●m leges nostrae ●ominem leg●●●m appellant , saith a learned man , a lawyer and privy councellor to the famous queen . t●● . s 〈…〉 de rep●● . a 〈…〉 . 1. cap. 23. fol. 43. di p 〈…〉 s. and the archbishops question to the king in the coronation oath runs , si liges & cons 〈…〉 s ab antiquis justis & deo devotis regibus p●●bi anglorum 〈…〉 as . t 〈…〉 i mag●a charta , fol. 164. answer . r 〈…〉 s stat. pag. 135 ●●p . 3. ibid. pag. 156. reges antiqui cùm in chartis mentionem saciant de baronibus , saepe subjungunt , possessivum meis vel nostris , id est regios barones sic distinguant à baronibus , episcoporum , comitum , abbatum , &c. spelm. gloss. tit. baro fol. 69. anno 3 h. 3. fitz-herbert abridgment . tit. prescription 56. fol. 102. rot. claus. 24 h. 3. m. 10. pro hawisia quae fuit uxor johannis filii alani . glanvile lib. 8. cap. 11. et hoc debet dominus rex de jure baronibus suis , scilicet quod ob talem causam possunt sui barones curias suas sic in curiam suam ponere . 1. observation . coke 2. instit. fol. 539. articuli super chartas , cap. 1. note , before 9 h. 3. magna charta was granted and confirmed several times . rot. pat. 1 h. 3. n. 13. rot. claus. 2 h. 3. m. 11. dorso . of which last there are several antient transcripts . ms. penes praenobilem will. pierpont . ms. penes sam. baldwin militem servientem domini regis ad legem . ms. penes johannem cook gen . de interiore templo . ms. penes meipsum . 3 h. 3. hist. ecclesiae angl. apud foxum vol. 1. pag. 335. ex ms. domini scales . rot. pat. 3 h. 3. m. 6. rot. pat. 48 h. 3. pars 1. m. 8. dorso n. 10. cok● 2. instit. fol. 156. rastall's stat. 12 e. 2. sol . 59. statutum de asportatis religiosorum , 35 e. 1. placita parl. sol . 314. coke 2. instit. fol. 580. rot. de xx 1 〈◊〉 xv 1. regi ed. se●●●do apud westm. à ●●lcis concess . ann . regni sui octavo , apud clericum pipae . ibidem consimile anno septimo . consimile anno nono . communitas comitatuum . placita parl. pag. 416 , 417. rex &c. quia ex querela multorum intelleximus , quod nonnulli magnates , cives & burgenses & alii in libertatibus suis à progenitoribus nostris regibus angliae & nobis eis concessis easdem libertates frequenter excedunt , & sub velami●● libertatum illarum pluribus dampna non modica de die in diem infer●nt . rot. claus. 2 e. 1. m. 3. de libertatibus in manu regis re●inend . ex veteri libro statutorum in lingua gallica penes meipsum . nota , the ordinances of the staple were made by a great council , but confirmed and made a statute in the parliament , 28 e. 3. cap. 13. ex bundell . pet. parl. 8. r. 2. n. 1 , 2. rot. parl. 25 e. 3. n. 69. nobilitas 〈…〉 t d●●lex , superior & inferior . c 〈…〉 2. instit. sol . 583. nobiles minores sunt e 〈…〉 it es sive milites , armigeri & qui 〈◊〉 〈◊〉 & gentlemen 〈◊〉 . camd. brit. sol . 123. mills de nobilitate politica & civili , ●ol . 42 , 43. nobilitas causatur ex lo●o , quoniam ci●is ●x 〈◊〉 ●plendida ori●●●us nobilis est . chassene●s c●ralogus gloriae mundi , pars 8. consid . 18. causatur etiam ex cl 〈…〉 ra , ●o quod quis est 〈◊〉 〈…〉 icitur nobili● . ib. consid. 26. pr 〈…〉 ●p●os urbi●m , vicorum & c●stillorum magistratus p●i●a●●s ●●isse dictos . camd. brit. ●ol . 602. 〈…〉 rot. pat. 17 joh. m. 17. dor . rot. claus. 17 joh. m. dorso . rot. claus. 17 joh. m. 23. dorso . mat. paris . a. dom. 1215. pag. 255. l. 39. mat. paris . pag. 255. mat. westm. p. 273. l. 48. claus. 28 h. 3. pars u 〈…〉 , m. 12. dorso . i●id●m . mat. paris . p. 920. l. 32. 40 h. 3. rot. parl. 15 e. 3. n. 50. dorso . pulton's stat. 15 e. 3. cap. 1. pag. 81. mat. paris . an. 1253. 37 h. 3. ●ol . 865. l. 43. mat. westm. fol. 302. 〈◊〉 58. fleta lib. 2. cap. 42. d● 〈…〉 tia 〈◊〉 statutum . fol. 93. rot. pat. 3● h. 3. m. 12. dorso . ex chro 〈…〉 ms. in bibliotheca ●odleiana inter co 〈…〉 s willielmi a 〈…〉 iscopi cantuar. 4. k. 84. mat. paris . f●● . 970. mat. paris . pag. 970. l. 45 , 53. an . 42 h. 3. nota , king john swore to observe magna charta , and the barons did him homage . rot. pat. 17 joh. pars unica ●n . 23. n. 3. rot. parl. 12 e. 4. n. r 〈…〉 s stat. 12 e. 4. cap. 7. 〈…〉 . rot. parl. 15 e. 3. n. 10. 37. rast. stat. 1 e. 3. pag. 64 , 65. pupilla oc●li , fol. 50. cap. 22. de sen●entia lata super magnam chartam . observation 3. camd. britan. sol . 121. selden's titles of honor , in 4 ●● . parte 2 ●● . fol. ●73 . spelm. gloss. tit. de aldermanis , & multipl●ci magistrata apud anglo-saxonis , sol . 24 , 25. n●●●●t cantii comites suo ordine percenseam ( omissis saxonibus godwino & aliis ) qul non haereditarii sed officiarii comites erant . camd. britan. cantium , fol. 248. spelm. gloss. diatriba de baronibus , fol. 64 , 69 , 70 , 71. spelm. gloss. in 〈◊〉 baron●s , fol. 69 , 70. ibidem . barouiae plurimae in northumbria , tumque omnino marti se quasi consecrarunt , non est inter cos quispiam melioris notae qui suam turriculam aut munimentum non habeat , & in quamplurimas baronias divisa suit quarum domini olim ante edwardi primi tempora barones vulgo dicti . camd. britan. in sol . 658. johannis seldeni ad eadmerum & notis & spi●●leg . fol. 168. camd. britan. in 8. di ordin . angliae , fol. 61. t●●inorum enim d●o ●rant genera , majores quos theinos regis appellabant , nos barones regis & theini simpliciter seu theini minores , qui iidem ●rant qui barones minores & non●unquam libere tenentes nuncupantm . spelm. gloss. p. 24● . ms. vetus in bibliothica cotton . sub effigie cleopatrae charactere contempora●●o . litterae ad concilium . mat. paris . histor . an. dom. 1245. pag. 659. l. 10. mat. paris . an. eodem , p. 666. l. 51. ypodigma n●ustriae , p. 466. ex ms. praenotat● . litterae uni 〈…〉 an 〈…〉 〈◊〉 papam . mat. paris . p. 700. l. 51. an . 3● h. 3. edwardus , &c. 〈◊〉 . ebor. &c. o 〈…〉 ns . 〈◊〉 c●m ad parliament● i● quib●s tam n 〈…〉 i 〈◊〉 regni nostri negotia di●●nt 〈◊〉 , 〈◊〉 , comites , barones , & alios tam clericos quam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 negotia hujusmodi consilium salubr●●s poterit 〈◊〉 . brevia regis de an . 9 e. 2. in turri london . mat. paris . ●98 . l. 〈◊〉 . an. d 〈…〉 . 1246. rot. claus. 29 h. 3. in . 8. dorso . nota the various appellations and phrases of these two parliaments . barones , 〈…〉 lites , & u 〈…〉 sitas baronagii regni angliae . tota universitas regni . magnates & universitas regni . totius regni magnates . universitas baronagii angliae . barones , proceres & magnates 〈◊〉 nobiles portuum maris habitatores , nec non clerus & populus universus . par 〈…〉 t. mat. westm. an. dom. 1301. p. 439. l. 2. re 〈…〉 regis archiepiscopo cant. ad literas apostolicas . mat. 〈◊〉 . a. d. 1302. 29 e. 1. p. 4●3 . l 4● . 〈…〉 walsmgham in vita e. 3. 〈…〉 ol . 16● . l. 22. a 〈…〉 fo 〈…〉 m 〈…〉 vo● . 〈◊〉 . p. 5 1. rot. parl. 〈◊〉 〈…〉 . 〈…〉 〈…〉 notes for div a54633-e32480 objection . solution . distinction . distinction . 1. distinction . 〈◊〉 . 〈…〉 〈◊〉 . rot. cart. 5. johannis m. 〈◊〉 . n. 33. rot. claus. 6. johannis m. 3. 〈◊〉 ne q●● magnates , viz. c●mes 〈◊〉 miles s●u aliqua alia notabilis pers●na transeat ad partes transmarinas , rot. claus. 3 e. 2. m. 16. 19. dorso . rot. pat. 6. johannis m. 7. dorso . rot. pat. 6. johannis m. 〈◊〉 . dorso . rot. pa. 8 & 9 〈◊〉 n. 2. 〈…〉 〈…〉 . rot. pat. 17 johannis m. 〈◊〉 . 〈◊〉 . 〈◊〉 gloss. 〈◊〉 〈◊〉 〈◊〉 . mat. westm. anno 1215. 17 johannis . m. s. penes dominum samuelem baldwin ser●ientem domini regis ad legem . m. s. p 〈…〉 s johannes cook gener●sum de interiori templo . m. s. statutorum penes meip●m . rot. claus. 2 h. 3. m. 11. derso . mat. paris pag. 323. l. 9. anno ●om . 1225. parones angliae concesserunt regi henrico 15. partem omnium mobilium & cattallorum totius angliae pro libertatious s 〈…〉 s rex ●channes pater eis concesserat & charta confoma●erat apud runemed , 〈◊〉 m. s. radi cogg 〈…〉 . nota. anno 1225. 9 h. 3. rex henricus dedit & co 〈…〉 it hominibus de regno angliae libertates & liber●s c●●s●et●dines sicut 〈◊〉 in ●●●bus antiquis & fecit ●is i●de chartas duas 〈◊〉 de libertatibus & liberis consuetudi●ibus regni aliam de libertatibus forestae p●o ha● donatione & co 〈…〉 one dederunt regi 〈…〉 decimum denarium per 〈◊〉 angliam . ●x 〈◊〉 chronico , 〈◊〉 . s. 〈◊〉 bibliotheca dodleiana inter codices will. archiep. can●●ar . 〈◊〉 〈◊〉 . 84. rot. statur . 25 e. 1. m. 38. co●● 2. instit. c. 38. fol. 76. rex h. 3. exigit ab huberto de burgo quod ei respondeat de co●lectione totius quintaedeci 〈…〉 q●● per commune concilium totius regni 〈◊〉 & 〈◊〉 〈◊〉 in d●pos●to . mat. par●s addit . pag. 150. l. ●8 . all the ancient writs upon magna charta say , that it was made per commune conci 〈…〉 〈◊〉 . inter communi● de termino s. hillary 17 e. 3. recorda penes rememoratorem domini regis in scaccario . warr. de priere de coventr . attach . pro transgressione . bracton , 〈◊〉 cap. 1● . sol . 〈◊〉 . rex angliae neque per se aut ministros suos subsidia , aut alia quaevis onera imponit ligeis suis si●e assensu toti●s regni sui in parliamento suo expresso . fortescue de la●dibus legum angliae , cap. 36. pa. 84. 〈◊〉 〈◊〉 . & a 〈…〉 inistratione arglorum , tho. smith , 〈◊〉 . 2. cap. 2. 〈◊〉 . 50. 51. it 〈◊〉 were needful , i could give numbers of records , that prove the 〈◊〉 tention of s●●h prescription high 〈…〉 . p 〈…〉 〈◊〉 . 〈◊〉 t 〈…〉 in s 〈…〉 〈◊〉 . carta regis 〈…〉 t. nota , the parties of the witena-gemot or parl. fide●es , i. e. oies qui in principis alicujus ditione spnt vulgo sub●ecti , spel. gloss. 223. nota , here we find that the knights were in the saxon and dani●h commune comitum , or parliament in king ●nuts reign , hen. primus rex , eadmeri historiae novorum , lib. 5. pa. 111. 〈◊〉 . 〈◊〉 . henricus primus rex . eadmeri hi●● . novorum , ●●b . 5. pa. 131. alexander the 〈◊〉 . 〈◊〉 the various 〈◊〉 of the general councll ●o parliament of 〈…〉 〈◊〉 〈◊〉 〈◊〉 , co● . 99. 〈◊〉 〈◊〉 〈◊〉 1103. 〈◊〉 . hen. 〈◊〉 rot. par. 40 e. 3. n. 7. 8. quod omnes tangit ab omnibus approbatur . vide argument the 8th , pa. 28. usque ad sinem . rot. pat. 15. johannis pars 2. m. 2. rot. claus. 15. johannis m. 1. rot. pat. 17 j●hannis m. 16. rex mittit domino papae pro auxilio adversus baronis angliae . pat. 17 johannis m. 15. dorse . rex scribit pape ut su●●urrat 〈◊〉 q●oniam 〈◊〉 & singulare praesidium suum post deum habuit in papa . rot. pat. 37 h. 3. m. 12. dorso . vide pa. 35. 101 , 102. se● p● . 〈◊〉 . 101 , 1 〈…〉 . collo 〈…〉 〈◊〉 parliamento , spell . gloss. 137. rot. pat. vascon . 37 & 38 h. 3. m. 4. n. 21. de magnae carta tenenda . rot. pat. 38 h. 3. m. 4. hiberniae . vide the ninth argument , pa. 72. 73. ibidem . hiberniae ? rot. pat. 42 h. 3. m. 10. pro rege & barnagio angliae . nota , the different denominations of the parliament or common council of this year . 1. proc●res & fideles regni . 2. baronagium angliae . 3. parliamentum , rot. pat. 42 h. 3. m. 3. n. 9. 4. haus homes c prodes homes e comune de reaume . rot. pat. 42 h. 3. m. 4. vide pa. 35. rot. pat. 51 h. 3. m. 16 de pace inter regem & r. comitem glouc. nota. in those ancient times pardons by parliament , wherein the commons gave their counsel and assent , were thought safe and requisite . ibidem . rot. pat. 7 e. 2. pars 1. m. 9. quod nullus imprisonetur &c. pro morte petri de gaveston . purve● est & grante per nos & per ercevesques , evesques , abbes , priors , countes , barons , & per tote la comunalty de nostre roialme a nostre parlement &c. uniment assentuz est & accordez that all that had a hand in the death of pierce gaveston should be pardoned . ro. pat. 12 e. 2. m. 17. de perdon . pro com. lanc ' . the king in parliament pardoned the earl of lancaster . consentientibus praelatis proceribus & communitate regni ibidem congregatis . rot. pat. 1 e. 3. m. 8. andrew de hethford , who was a principal citizen of london , and a villanous instrument of the two spincers in e. 2. time , was de assensu praelatorum comitum & totius communitatis regni in parliamento , pardoned all homicides , robberies , burglaries , fellonies , appeals , &c. rot. pat. 1 e. 3. m. 23. de perdonatione pro communitate civitatis london . de assensu praelat . com. bar. & totius communitatis regni pro homicidiis rebell . &c. ad sectam regis , & de appellis per quoscunque illatis . penes rememorator domini toes . in sacco . anglia de auxilio concesso ed miliciam sil regis . anno 34 e. 1. consil ' intracio de codem termino penes rememorator . regis in sacc . rot. 40. vide pa. 94. not● . bar. quinque port●●m . nota. not the concilium here meant , was all the great officers of state , the judges and others the kings learned council in parliament . nota , in the ensuing record the milites commitatuum , and barones quinque porcuum are comprehended under the words magnates regni . inter comm●●ia brevia ae termino s. michaelis anno 34 e. 1. penes rememorator . domini thesaurarii in scacca●io . nota , in the former record praelati , comites , barones , & alii magnates , neonon milites . commitat●um granted a joint aid to the king , and here it is said , that the praelati & c●teri magnates regni gave it , so as the knights of the counties , and barons of the cinque ports are comprehe●ded under the name mag●ate● . penes rememorator . domini regis in scacc ' . warr. de priore de coventr . attach . pro transgressione . vide pa. 34. 〈◊〉 〈◊〉 a sermon preached before the artillery company of london, september 15, 1680 at st. mary le bow, and at their request published by john scott ... scott, john, 1639-1695. 1680 approx. 46 kb of xml-encoded text transcribed from 19 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-03 (eebo-tcp phase 1). a58812 wing s2066 estc r11488 11910528 ocm 11910528 50797 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a58812) transcribed from: (early english books online ; image set 50797) images scanned from microfilm: (early english books, 1641-1700 ; 511:10) a sermon preached before the artillery company of london, september 15, 1680 at st. mary le bow, and at their request published by john scott ... scott, john, 1639-1695. [4], 32 p. printed for john baker ..., london : 1680. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -army. -honorable artillery company of london. bible. -o.t. -proverbs xxviii, 1 -sermons. courage. sermons, english -17th century. 2004-04 tcp assigned for keying and markup 2004-04 apex covantage keyed and coded from proquest page images 2004-11 jonathan blaney sampled and proofread 2004-11 jonathan blaney text and markup reviewed and edited 2005-01 pfs batch review (qc) and xml conversion a sermon preached before the artillery company of london , september 15. 1680. at st. mary le bow ; and at their request published . by john scott , rector of st. peter poor , london . london , printed for john baker , and to be sold by him at the three pigeons in s. pauls church-yard , and by walter kettilby at the bishops head. 1680. to the honourable sir joseph sheldon knight , and alderman , president of the artillery company . sir william prichard knight , and alderman vice-president . sir matthew andrews , treasurer . as also to stewards . the right honourable , marq ss . of worcester , earl of shrewsbury , earl of mulgrave , earl of berkley , the right worshipful , and worshipful , s r. jonathan raymond , s r. simon lewis , s r. benjamin newland , cap t. benjamin harvey , and to the whole court of assistants , field-officers , captains , and gentlemen , professing and exercising arms in that renowned and honourable society . right honourable , &c. the design of this discourse is to wipe off one of the lewdest calumnies that was ever cast upon our holy religion , viz. that it is apt to render men cowards , and to unsit them for great and hazardous undertakings . how successfully i have effected it you have obliged me by this publication to leave to the judgment of the world ; which i assure you i do so much reverence , that had not your commands , and the many examples of obedience before me obliged me to it , i should never have presumed to concern it in the cause , especially now when it is so continually harassed with an epidemical itch and licence of scribling ; and through the numerous appeals that are every day made to it , is forced to keep term without any vacation : but since you will needs have it published , i must crave leave to tell you , that you are finely drawn in ; for by your approbation you have made it your own , and are become accountable for all the faults of it : so that now you are not only obliged in honour , as you are souldiers , to shelter it , as it is a helpless thing , that flees to you for protection , but also in your own defence , as you are wise men , to vindicate it , as it is a retainer to your good opinion ; this you get by obliging men to appear before the world under your patronage . but i would advise our carping censurers to have a care what they do ; it is a daring act to affront the iudgment of an artillery company , and however he that doth it may succeed , he will be sure to come off with this scarr upon his reputation , that he hath a great deal of courage indeed , but very little wit. and now that i have fenced it about as well as i can with your authority , i humbly submit to your perusal , and remain , right honourable , &c. your most obliged , and most obedient servant iohn scott . a sermon preached before the artillery company . proverbs xxviii . 1. the wicked flee when no man pursues , but the righteous are bold as a lion. the two great ingredients that go into the composition of an accomplished souldier are courage , and good conduct : as for the latter of these , it is the peculiar subject of your profession , and falls not under the cognizance of our spiritual tacticks ; nor was it ever well for the world when the pulpits , which were designed for oracles of the gospel of peace , rung with battels , and alarms , and that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that soft and still trumpet of meekness , and charity , and obedience , which should sound from hence , was out-noised , and drowned with the thunder of drums , and the roaring of canons . sure i am , in our commission we have no instructions to put on any armour , but the whole armour of god , to list any volunteers but for heaven , or proclaim any war but between men and their lusts , from which all other wars and fightings do proceed . and being of so distant a profession , we may very well be excused if we understand not the language of your discipline , if we cannot talk in rank and file , and flank and rear our discourses with military allusions ; in which it is as easie for us to be absurd and ridiculous as for a fresh-water souldier , that , being to make a speech to a company of sailers , will needs interlard his harangue with terms of navigation . wherefore , in reverence to your skill and judgment in your own profession , i shall chuse to leave hercules his club in his own hands , who knows much better than i how to wield and manage it ; it being , in my opinion , not altogether so decent for a divine to read lectures of war before hannibal . but as for that other ingredient of a good souldier , viz. courage and resolution ( it being a christian vertue , and as such , necessary not only ( though more especially ) for you , but for all others who intend to continue faithful souldiers under the common captain of our salvation ) it is upon this account a very proper argument both for the speaker , and the hearers , and as sutable to the place , as it is to the occasion , and therefore , in compliance with both , i have chosen this text , in which you have cowardize and courage resolved into their first principles , the wicked flee when no man pursues , but the righteous is bold as a lion. in these words you have all mankind distinguished by their proper characters into two sorts : the first is the wicked , under which name all bad men , of whatsoever denomination , are comprehended , whether they be irreligious in their belief , profane in their manners , or hypocritical in their designs and intentions , and the character here by which they are all distinguished , is , that they flee when no man pursues ; i. e. they are of such base and timorous spirits , that they are ready to run away from the least shadow of danger , though it hath nothing of substance or reality in it , and being haunted with an ill-boding mind , flee before the spectres of their own fancies . which words are not to be so understood as if every wicked man were actually a coward , for that contradicts experience , and we know there is a sort of valour which naturally springs out of the very crasis and temper of mens bodies , which is nothing else but a certain impetus , or brisk fermentation of the bloud and spirits ; and this is common to bad men with good , accordingly as they happen into a warm and vigorous constitution . the meaning therefore is , that they are cowards in their causes ; that their wickedness naturally tends to effeminate them , and will certainly do it , if it be not strongly counter-influenced by the vigour of their bodily temper . the second sort into which mankind is here distinguished is the righteous , by which phrase the scripture is wont to express all good men in general ; and that for very good reason , because all instances of goodness whatsoever are in strictness acts of righteousness , either to god , or to our selves , or to our neighbours ; so that justice or righteousness is the common point whence all the lines of our duty are drawn , and wherein they all concenter . now of this sort of men the proper character is , that they are as bold as a lion ; which words do not import every good man to be actually a cordelion , to be as bold , and stout-hearted as that couragious animal is , before whom all the beasts of the forest do tremble ; for as some bad men are valiant by nature , so are some good timorous and faint-hearted , and it is a very hard thing to cure by discipline that which is the natural defect of constitution . this expression therefore must be understood in the same mitigated sense as the former , the righteous are bold , i. e. their righteousness tends to make them so ; it hath such an animating vertue in it , as will ( if it be not over-powered by an invincible timorousness of temper ) convert a poultroon into a hero , and imbolden the meanest spirited to confront the grimmest danger , and charge it with an undaunted resolution : for thus the scripture usually speaks of men as if they actually were what they have great cause and reason to be ; thus in isa. lvii . 20. the wicked are like the troubled sea when it cannot rest , whose waters cast up mire and dirt , i. e. they are continually agitated with their own restless thoughts , just like the sea with its reciprocal tides : not that this is always actually their condition , but that they have always just reason to be so . so prov. xvi . 3. righteous lips are the delight of kings , and they love him that speaketh right ; which is not to be so understood as if in fact it were always so ; for experience too often evinces the contrary , but the meaning is , that kings above all men have reason to delight in men of truth , and honesty , and fidelity . and so in the text , the wicked flee when no man pursues ; that is , a wicked man hath great reason to be timorous , for he hath all the moral causes of baseness and cowardize within his breast : but the righteous is bold as a lion , i. e. he hath reason to be so , his mind being inspired with the most pregnant principles of a brave and undaunted resolution . the words being thus explained , the sense of them resolves into this proposition , that wickedness naturally tends to dishearten and cowardize men ; but righteousness and goodness to encourage and imbolden them . the truth of which i might easily demonstrate by an induction of particulars , were it proper to draw a list of those ancient heroes , whose names are renowned in the memoires of fame , the greatest part of whom were as illustrious for their piety and goodness , as for their valour and great atchievements , and who , as the historian observes of the ancient romans , conquered much more by the charms of their vertues , than by the terrour of their swords . but i am not at leisure to tell stories , and therefore for the confirmation of the argument in hand , i shall endeavour , as briefly as i can , to represent to you what those things are which do naturally contribute to the making men couragious , and to shew you that they are all to be found in righteousness , and their contraries in wickedness ; which if i can make good , i doubt not , will abundantly convince you , that the best way to be good souldiers is to be good men ; and that though you may furnish your selves with art and conduct in the field , yet you can never acquire true courage and bravery till you have been trained and exercised under the banner of jesus . now to make men truly valiant and couragious these six things are necessary : first , that they be free , and within their own command . secondly , that they be well hardened to endure difficulties and inconveniences . thirdly , that they be well satisfied in the nature of their actions and undertakings . fourthly , that they have a hopeful prospect of being well seconded . fifthly , that they have a probable security of good success . sixthly , that they be born up with the expectation of a glorious reward ; all which causes of courage are to be found in righteousness , and their direct contraries in a sinful and wicked course of life . i. one cause that very much contributes to the making men couragious , is their being free , and within their own command ; for slavery naturally depresses the mind , and by accustoming men to a severe and rigorous treatment , habituates them to fear and pusillanimity . it is no new observation , that slaves are generally cowards ; of the truth of which we have many woful instances in the world , for how many nations are there who were heretofore renowned for their courage and puissance , when they enjoyed their liberties and properties , under gentle and benign governments , that are now utterly unmanned , and dispirited by oppression and slavery . but now a righteous man can never be enslaved , because he hath gotten the victory of himself , and is his own master ; he hath trained up his passions to a severe obedience to his reason , and so has all his motions under his own command , and it being in his power ( at least in a good measure ) not to love any thing but what he hath good reason to love , not to desire any thing but what he hath fair hope to enjoy , not to delight in any thing but what is in his power to possess and keep , it being , i say , in his power to be affected as he pleases , and to regulate his own motions according as he thinks fit and reasonable ; he may chuse whether he will be a coward or no , and should the grimmest danger stare him in the face , yet supposing him to have such a command of himself , as not to desire what he cannot have , not to dread what he cannot prevent , not to grieve and vex at what he cannot avoid ; he may throw down the gauntlet to it , and defie it to do its worst . now one great office of righteousness is to do right to a mans self , to rescue him from the tyranny of his passions , and reduce him under the command of his reason , and the more successful it is in this great undertaking , the more valiant and magnanimous it must necessarily render us ; for the more a mans passions are subdued to his reason , the more presence of mind he will have in all dangers and difficulties , and the more able his reason will be to counsel and advise him , and to fortifie his heart with brave considerations . so that when a man hath made any considerable progress in the conquest of himself , he will be so much in his own power , that no danger will be able to divide him from himself , or scare him from the post of his reason , and while death is whizzing about his ears , and bloud and slaughter , terrour and confusion are round about him , his mind will be invironed with invincible thoughts , and guarded with such puissant considerations , that no outward force will be able to approach it . and thus freedom ( you see ) from the slavery of passion , which is an effect of righteousness , is an effectual cause of courage and magnanimity . but in wickedness a great part of this slavery consists , for in this state men are intirely governed by passion and appetite ; as for their reason , that sits by as an idle spectator of the brutish scene of their actions , and intermeddles no farther in it than to censure and condemn it , having no other office allowed it but to cater for their appetites , and enable them to play the brutes with greater luxury and rellish ; and being under the command of such masters as these , we are out of our own power , and cannot dispose of our selves as we please , for either our passions and appetites must be governed by our reason , or by the goods and evils that are without us ; and if these govern us , we are not our own men , but do live in subjection to a foreign power , and we must be what the things without us will have us , and not what our own mind and reason : our mind must turn about according as the wind blows , and like water we must take our form from the vessels we are poured into ; and when the passions and appetites that over-rule us are thus over-ruled by the chances and contingencies without us , how is it possible we should be truly couragious ? for now when any danger looks us in the face , we can have no present relief from our reason , having all along disused our selves to consult and advise with it , and so every alarm of danger from without will presently raise a tumult within , and put the whole soul into an uproar , in which the mind is left naked of all relief , and utterly abandoned of those wise and brave thoughts which should guard and defend it . and a mans thoughts and considerations being thus defeated and put to the rout , he must either sink under his danger , or charge headlong upon it fool-hardily or desperately ; for now he hath no other courage to support him , but either that of a mastiff , that fights because his bloud is in a brisk fermentation ; or that of a rat , that flees in his enemies face because he is desperate of escaping . ii. another cause that mightily contributes to the making men couragious is their being well hardened to endure difficulties and inconveniences , for how distant soever a state of softness and delicacy is from that of slavery , yet it concenters with it in the effect , and by a different quality produces the same base and unmanly temper . for as slavery cows the spirit by rigorous and servile usage , and suppresses and stifles all its generous emotions , so softness and delicacy doth so melt and dissolve it , that it hath not the firmness to resist any violent impressions , but is ready to shrink at the least touch of evil , or appearance of danger , having been accustomed to nothing but pleasure , and wrapt up in ease and voluptuousness ; and hence we see , that though the valour and courage of nations be very much owing to the temper of the climes in which they are situated , yet by the exercise of temperance and severe vertue the inhabitants of the most effeminate climes have sometimes improved themselves into the most heroick and magnanimous of all nations , as the romans and persians for instance : as on the contrary , those who by the temperament of their native air and country are naturally the most hardy and couragious have many times by their dissolute manners been broken and dispirited into the most wretched coward ; as the english for instance , who though they have been ever remarked for a people of a daring and undaunted genius , have yet sometimes been so melted by their own luxuries , as that they became preys to every dog that hunted them . but now righteousness including in it those severe vertues of industry , and patience , temperance , and mortification of our appetites , doth effectually contribute to the confirming and hardening the tempers of men , and the taking off that softness and delicacy of spirit which renders them so tender and impressive , so that by exercising our selves in these manly vertues , by inuring our selves to an active life , and to bear evils and injuries with a brave indifferency , by reducing our appetites to the measures of nature , and moderately disciplining them with fasting and abstinence , we shall by degrees be so steeled against hardships and difficulties , that that which makes effeminate minds to flinch and startle will scarce be able to make any impression upon us . for as the light of the sun , and the freshness of the air , which are apt to offend those that are tender and sickly , are not only tolerable , but delightful to men of hail and vigorous constitutions : so many of those little hardships , which do so trouble and incommode the tender and delicate , are so far from disturbing the patient and temperate , that they only refresh and divert them . and it is such a mind only that is fit for a souldier , that will enable him to undergo the glorious toyls and fatigues of war , to endure a hard march in the day , and to sleep upon a harder pillow at night , to follow victory through heat and cold , thirst and famine , sweat and bloud , and seize and pluck it from the arms of hazards and difficulties , wherewith it is compassed and surrounded . these are things that require a firm , a hardy mind that hath been trained up in severity , and is grown strong and hail and vigorous in the exercise of a manly vertue . but now wickedness softens and dissolves the temper by letting loose the desires and appetites of our flesh to sensuality and voluptuousness , to rioting and drunkenness , to chambering and wantonness , to pride and vanity , to gluttony and idleness , and all manner of effeminate delicacy and dissoluteness , which are such vices as will emasculate the bravest mind , and by degrees spoil the strain of the most valourous nations ; and were i to prescribe for the cowardizing of a nation , it should be the boul of intemperance , the bed of sloth , and a dalilahs lap , which are charms sufficient to effeminate a hero , and metamorphose a lion into a timorous hare : for when men have been trained up in excess and voluptuousness , and their minds are contempered and naturalized to it , the least hardship or difficulty will be terrible to them ; so that if ever they should be forced out of the lap of pleasure into the lists of war , ill quarters and a hard march will kill them without a battel , and the least sense of pain , or appearance of danger will presently strike their spirits and air , and turn all their bloud into a trembling jelly . if the business of souldiers were only to wear a scarf , or a feather , or to swelter an hour or two in buff ; if they were to fight in a field of down , and to spill no other bloud but that of the grape , there is no doubt but the school of epicurus would make an incomparable nursery for the camp : but to march under a load of armour all day , and then to freez to the ground at night , to sleep with drums in their ears , and be waked with alarms , to run on upon spears , and charge at the mouths of canons whilst they are spitting fire , and roaring out destruction , these are such rude and scurvy things as will never be endured by a soft and delicate epicure . iii. another cause that mightily contributes to the making men couragious , is their being well-satisfied with themselves , and with the nature of their actions and undertakings ; for our understanding being our leading faculty , the eye that is to direct the feet of our practice , and to guide and mannage all our voluntary motions , it is impossible that whilst that doth either disapprove or doubt of our actions we should ever be able to act with steadiness and assurance ; for while a man acts with a misgiving mind , and that which should be the guide of his actions is dissatisfied with his way , he walks like a benighted traveller in a dangerous road , and is fain to feel out his steps , and tread gingerly , and cautiously , lest he should stumble into a bog , or a precipice , and so being accustomed to act with fear and anxiety , his courage dissolves , and his heart grows creeping and timorous . but now the righteous man acts with the full consent and approbation of his mind , and has no by-ways from the road of reason and conscience , but keeping strait forward , as he doth in the plain tracts of eternal goodness , he treads firmly and boldly , being secure of the ground he goes upon , and is neither ashamed , nor afraid of his own actions , which , being such as his best and purest reason approves , have the chearful euges and applauses of his conscience continually echoing and resounding after them ; and this animates his courage , and invigorates his heart with a generous confidence and assurance ; in the sense of this he can smile upon misfortune , bid defiance to danger , and bear up his head in the lowest condition . for as long as his own mind doth neither threaten nor accuse him , he can retire into himself when he is driven out of all other retreats , and there live merry and secure in despite of the world , and while he can house himself in the sense of his own vertue and innocence , he hath an impregnable shelter against all storms from without ; well therefore might the apostle call it , the breast-plate of righteousness , eph. vi . 14. it being that which secures us against all outward violence , and renders our minds invulnerable by the smartest blows of misfortune . but so long as a man lives wickedly , he can never be satisfied with himself , because in the whole course of his actions he contradicts his own reason , and offers violence to those eternal laws of righteousness and goodness which are inseparably interwoven with his faculties : so that whenever he comes to appear before himself , and answer for his actions at his own tribunal , his own mind explodes and condemns him , and like a false renegado , as he is from the natural principles of his reason , he is fain to run the gantelope through the terrors and reproaches of his own conscience , which he hath no other way to escape but by running out of himself , and taking sanctuary in the crowd of his lusts , or secular affairs and diversions ; for as tertullian observes , omne malum aut timore aut pudore natura perfudit ; nature hath poured fear or shame upon the face of all wickedness ; both which do naturally intimidate our minds , and for different reasons incline us to run away ; shame , that we may not be seen ; and fear , that we may not be taken . when therefore men have always these two furies at their heels , haunting and pursuing them throughout the whole course of their actions , what wretched cowards must they be when any outward danger or calamity approaches them ? when all is smooth and prosperous without , they may shelter themselves there from the persecutions of their conscience ; and when all is calm and serene within , they may shelter themselves there from the persecutions of the world : but when both are bestormed , whither can they flee ? when danger and destruction are drawn up in battel-array against us from without , and we are alarm'd at the same time with the shame and terrour of a guilty conscience from within , so that we are charged all at once , front , and rear , and can neither go on , nor retreat without cutting our way through horrour and confusion . this is enough to disarm the stoutest resolution , and sink the courage of a lion into a panick dread and desperation . iv. another cause which very much contributes to the making men couragious , is their having a hopeful prospect of being well seconded ; for when a man apprehends that he is left all alone in the midst of danger , or that he must encounter it with unequal forces , that he is not back'd with sufficient auxiliaries , or that the advantage of strength and power lies on the other side , it must needs be a mighty allay to his courage . now the greatest power that we can either dread or depend on is gods ; and therefore according as we apprehend him to be engaged either for , or against us , our courage must necessarily rise or sink : for the apprehensions of god and his providence are so natural to us , and do cleave so close to our minds , that though with our jovial airs we may sometimes lull them asleep , yet the least alarm of danger usually rouses and awakes them , and puts our mind upon the enquiry whether he be for , or against us , and according to the answer we receive from that bosome oracle , our good or bad conscience , we are naturally confident or afraid . now righteousness , being the crown and glory of gods own nature , and that for which he infinitely loves and esteems himself , can never fail wheresoever it resides to engage him of its side . when therefore we are so fully assured , that the righteous lord loves righteousness , upon the testimony of our conscience that we are sincerely righteous , we cannot but conclude him to be our ally and confederate , and consequently that our interest is his , and his power ours ; and when i have his all-seeing eye to direct , and his all-powerful arm to assist and second me ; when i have all the attributes of his infinite nature pitching their tents , like guardian angels , about me , and my head is covered in the day of battel with the impenetrable helmet of his providence , with what an undaunted resolution must such a persuasion inspire me ? we have a late and woful instance among our selves of the courage with which a false persuasion that god was with them did animate and inspire men , when they were wont to say grace to their bloudy banquets , and rise from their knees with an enthusiastick assurance , and so run on to the battel , flusht with powerful incomes , and manifestations of victory . when the flaming zealots fell on with psalms in their mouths , and chased the huffing hectors , and notwithstanding the disadvantage of the bad poetry , and the worse cause , the psalms proved too hard for the oaths and blasphemies . when therefore upon firm and rational principles , upon turning their eyes from god to themselves , upon comparing grace with grace , and feature with feature , and surveying the fair agreement of their nature with his , they are throughly persuaded and satisfied that he is their friend ; this must needs mightily animate their courage , and enable them to bear up against the most threatning dangers . but when a man is conscious to himself that he is in rebellion against god , and thereupon apprehends himself not only cashiered from his protection , but also exposed to his almighty vengeance , this must needs render him timorous and faint-hearted , if he hath any consideration about him : for alas who can be couragious against god ? what heart can bear up against the terrour of his thunder-bolts ? which are always shot with such an infallible aim that none can escape , and with such an invincible force that none can resist them : so that a wicked souldier must necessarily forego either his reason , or his courage , and degenerate into a craven , or a brute ; for with what heart can he look an enemy in the face when he considers that the lord of hosts is against him ? who can look him into nothing , and confound him with the breath of his nostrils when he pleases ; who can array the whole creation against him , and whilst his enemies from below are thundring vollies of destruction at him ; can play upon him from above with all the artillery of heaven , and cause the stars in their courses to fight against him . what a miserable plight must the poor wretch be in , if he hath any sober thoughts about him , when heaven and earth and his own conscience are in confederacy against him , and are storming all at once about his ears . but i must hasten . again v. another cause that very much contributes to the making men couragious , is , their having a a probable security of good success ; for hope is the spur of valour , that quickens and puts life into it , that revives it when it is drooping , and supplies it with fresh recruits of spirit and vigour when it is languishing , and ready to expire ; and when once hope , which is the soul of it , is departed from it , it presently falls prostrate , or converts into desperate rage . but as for the righteous , such is their condition that they can never be hopeless , because while they continue such , they live in a constant dependance upon the protection of that god who over-rules and disposes all the events that can befall them ; and being continually animated with this persu●sion , that there is nothing can happen to them but by his decree or permission who is infinitely wise , and knows what is best for them ; infinitely good , and wills what he knows ; so infinitely powerful , and doth what he will ; they will still be expecting good issues from the worst events , and so their hope will shine bright upon them in the darkest condition . when their enemies are threatning or designing mischief against them , they know that their almighty guardian and protector holds their malice in a chain , and that it can never bite , how fiercely soever it may bark at them , unless he let it loose ; which they are secure he will never do , but for such wise and good ends as they themselves would approve of , did they but fully comprehend them . they have duly considered what their enemies can inflict , and do find that the worst of it is tolerable , whilst they have a god to depend upon ; that though banishment be a dreadful word , it imports but little more in it self than travel , or a long voyage , which is a voluntary exile ; that unless they will they cannot be banisht from god , and that so long as they secure their innocence , their conscience , and their hope of heaven , they may make themselves a paradise in the most barren wilderness . that if they should suffer imprisonment , and be secluded from humane conversation , it is no such dismal thing for a man to be kept within doors ; to be snatched out of the croud and hurry of the world , and forced to retire within himself , and converse with god , and heaven , and his own thoughts , that these are company enough to entertain a mans solitudes , and to supply the want of the noise of the world , in which there is commonly so much folly and discord , that if they should be tormented to death with instrustruments of cruelty , which is the worst thing that can happen to them , they must have died at last , though not by such unnatural means , only now they die a little sooner , and so anticipate their eternal happiness ; and that if they had died a natural death , probably the torment might have been much greater ; that they might have languished much longer under the gout , or stone , or strangury , than under the hands of the executioner , and endured the same degree of torment without the comfort of dying in a brave cause , or of being assured of an immortal recompence . and having thus considered things round about , their hope bears up bravely against all events , and from the blessed rock of salvation , where it dwells , looks down upon the waves of their enemies malice , and smiles at their vain attempts to overwhelm it , and securely expects till they have dashed themselves in pieces , and are forced to retire back again in empty passion and foam . thus while we depend upon god , in whose hand is the disposal of all success , we shall never want reason to hope well , and whatsoever dangers may threaten , or mischiefs befall us , our courage will be still supported with this brave persuasion , that nothing can come amiss that comes from a good god , who knows how to extract good out of the worst of our evils , and to render the rankest poysons cordial . but as for the wicked , they can expect nothing from god whilst they continue so , but dire and dismal effects ; for all their actions being open defiances to his authority , they have all the reason in the world to conclude , that he will deal with them as enemies , that he will throw them from his care and protection for ever , and persecute them with fire and sword to eternal destruction : when therefore they consider that he hath the disposal of all those events that befal them , they cannot but see great cause to be affraid of every thing , to suspect even his favours , lest there should be a snake in the grass ; lest he should fume their enjoyments with poyson , and infuse a disease into every breath of their air ; lest he should make their table a snare to them , and serve in the plentiful provisions of it only to fatten them for the day of slaughter ; lest those little successes he sometimes gives them should be only a retreat of his providence to draw them into an ambuscado , and involve them into sorer mischiefs ; lest when he rescues from less evils , it should be with an intent to reserve them for greater , and when he delivers them from the frogs , and the lice , and the locusts , he should be only preparing a more glorious vengeance for them , and contriving to overwhelm them in the red sea ; in a word , lest he should heap the good things of this world upon them as the romans did their ear-rings and jewels on the treacherous vestal , only to crush and smother them , and carry them aloft , as the eagle did the tortois , with an intent to give them a more fatal downfal . for how can they be secure of any thing that comes from the hand of that god who is enflamed with such a just indignation against them ? and then when any danger is marching towards them , they have nothing but the arm of flesh to confide in ; and if that prove too weak , they are desperate . but how can they be secure that this should prevail , when they know there are such numberless accidents under the command of their almighty enemy , that can either disarm it , or turn the point of its weapon on it self ? but then if any storm happen to overtake them , whither can they go ? alas , they have no harbour to put in at in all the dominions of god ; no promise of deliverance , no security of support or protection , no ground to hope for any future advantage from the present calamity , but like miserable wrecks they are abandoned to the mercy of the winds and waves , and in a fearful expectation how the next billow will dispose of them , whether it will dash them on a rock , or drive them on a quicksand ; and in such dismal circumstances who but a mad man can be couragious ? vi. and lastly , another cause which very much contributes to the making men couragious , is the expectation of a glorious reward : good pay will make brave souldiers ; for when men have a good interest in any difficult undertaking , that will buoy up their courage , and render them firm and resolute against all the dangers and difficulties that oppose them ; whereas when they have little or nothing at stake they are commonly indifferent whether they win or lose . reward therefore being the center of our hope , and hope the support of our courage , we shall in all attempts be more or less couragious , proportionably to the reward which we expect to reap from our labour . but what reward is comparable to that of a righteous man ? who lives upon the blessed hope of being translated when he goes from hence to those immortal regions of bliss and joy , where all the blessed inhabitants live in a continued fruition of their utmost wishes , being every moment entertained with fresh and enravishing scenes of pleasure , where all their happiness is eternal , and all their eternity nothing else but one continued act of love , and praise , and joy , and triumph , where there are no sighs or tears , no intermixtures of sorrow or misery , but every heart is full of joy , and every joy is a quintessence , and every happy moment is crowned with some fresh and new enjoyment ; and the being animated with such a glorious hope is enough to make the most crest-faln soul couragious ; for the worst that any danger can threaten is death ; and what need he be afraid of passing this cold fatal stream that sees a heaven on the farther shore ? such a blessed prospect is enough to enable a man to out-face the fearful of fearfuls , and to charge through all his horrors with an undaunted resolution ; to make a souldier mock at fear , like the warlike horse in job , and to stand at the mouth of a breach while it is spewing thunder and lightning ; for while he is possest with this blessed hope , every danger beckons him to heaven , and every wound is a sally-port into a blessed eternity ; and being assured in his own mind that the bullet that strikes his body to the ground must shoot up his soul above the stars , and that if it be his hap to fall in the battel , he shall certainly rise from the bed of honour to the crown of glory ; he laughs at the impotent threatnings of danger , and bravely defies it to do its worst . but the quite contrary to this is the case of wicked men , for though whilst they stand at a distance from danger , they may make a shift to drown their sense of another world in deep draughts and loud laughter ; yet we usually find , that when danger draws near them , and begins to shake its dart at their breast , natura recurrit , the bold men begin to quake , and are seized with dismal expectations of a fearful state of things on the other side the grave ; it is plato's observation long since , [ de repub . lib. 1. ] 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when a man imagins himself within danger of dying , he is usually seized with a great horrour and anxiety concerning those future things which before he never thought of . now how must it needs dastardize a souldier , if when he is going into the battel , the near approach of his danger should awaken such thoughts as these in his mind ? i am now entring upon the confines of the world of spirits , and if by any of those winged messengers of death that fly about me i should be dispatch'd thither , lord what will become of me ? my conscience condemns me , and these numerous guilts that stare me in the face , bode me a woful fate there , so that i plainly perceive i am marching upon the brinks of a black and dismal eternity , and that if i happen to fall i am lost and undone for ever . if with such thoughts as these about him , he dares stand his ground he is a couragious sinner indeed , fit for a forlorn-hope : but alas how is it possible he should keep up his heart , when his misgiving conscience suggests such fearful thoughts as these to him , when it tells him that his enemies artillery are charged with hell , and if they hit will strike him down into the bottomless abyss ; that their swords will cut through to his very soul , and wound it to eternal death ; that every bullet they shoot at him brings with it a pasport to a woful eternity , and that at the mouth of every wound they give him there waits a devil to seize his soul as it sallies forth , and carry it captive to the dark prisons of the damned . doubtless such dire abodings as these , which are natural to guilty consciences , must necessarily appale the stoutest resolution . and now having given you such an abundant proof of the truth of the assertion in the text , i shall conclude the whole with one word of advice to you of this honourable society . you are a body of men whose bad or good conduct of your selves is of very great importance to the publick , each man of you being virtually a company , having not only interest enough to raise your own men , but also skill enough to form them into excellent souldiers ; you are the standing mint , where the brave english mettle is to be coin'd , and to receive its martial stamp and impression ; and being so , it is doubtless very much in your power either to raise or to debase it ; and since it is from your discipline that your souldiers must learn their manners as well as their postures , it concerns you to be instructed not only with the exactest skill , but also with the bravest courage ; and from whence you are to derive this i think hath been sufficiently demonstrated , even from righteousness and universal goodness . wherefore let me beseech you , as you are men , and christians , and souldiers , to betake your selves to the serious study and practice of this comprehensive duty , in which all vertue and religion is included , to purge your consciences from dead works , and discharge your selves of all those pollutions of the flesh and spirit , which do so naturally disarm your courage , and overspread your minds with baseness and pusillanimity , and to exercise your selves in all that piety and devotion towards god , loyalty and obedience towards your prince , justice and charity towards one another , temperance and sobriety towards your selves , to which religion and right reason , the frame of your natures , and your circumstances and relations oblige you ; by the constant practice of which you will acquire such a noble and useful courage as will render you a life-guard to your prince , a wall and bulwork to your country , and make your famous artillery-ground a sanctuary to your city ; for the courage which springs out of righteousness is such as verifies your own motto , arma pacis fulcra , as props up the temple of peace , and preserves it from being violated and prophaned by the sacrilegious rudeness of those that are given to change ; for it consists not in an unruly warmth , or head-strong violence of temper , in an unbridled fierceness , or factious impatience of government , but is calm , and well managed , and easily commanded ; so gentle , that it neither throws , nor runs away with its rider , and yet so well metled too , that it never tires under him ; for if you be couragious from a principle of righteousness , you will honour the king as well as fear god , and obey his ordinances for gods sake ; you will never conduct a rebellious design under the sacred banner of religion , nor pretend loyalty to god to colour your disloyalty to his vicegerent ; you will never press the scriptures to fight against the king , nor arm his political against his personal capacity , nor assume his authority to cut off his head : nor on the other hand will you ever allow him to be unking'd by the sentence of a domineering prelate , and plead that for your warrant to depose and murder him ; you will never yield that a papal bull hath right to countermand the twelfth of the romans , and dispence with a subjects allegiance to his prince in despite of , let every soul be subject to the higher powers ; in a word , you will never confront those loyal admonitions of s. peter and s. paul , with the treasonous canons of the councils of the ungodly ; nor levy arms against your prince upon that counterfeit commission of his being pronounced a heretick by a congregation of impostors . no no , if you sincerely study and practise the rules of righteousness , you will be too wise and too honest to be choused and imposed upon by the transparent sophistries of those hypocrites , of whatsoever denomination , who would fain fetch pretences for their treasons and rebellions from the most loyal and peaceable religion that ever was . and being thus animated with the courage of righteous men , if ever your king and country should need your assistance against foreign or domestique enemies , which god forbid , you will be bravely qualified to be their champions ; and in being so , may promise your selves honour and victory here , and an everlasting triumph hereafter , which god of his infinite mercy grant ; to whom be honour , and glory , and power , &c. finis . his majesties gracious message to both houses of parliament: feb. 20. forasmuch, as his majesty hath (together with a treaty) proposed a cessation of arms to both his houses of parliament now 16. dayes since, ... england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a78804 of text r211761 in the english short title catalog (thomason 669.f.5[141]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a78804 wing c2331b thomason 669.f.5[141] estc r211761 99870462 99870462 160852 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78804) transcribed from: (early english books online ; image set 160852) images scanned from microfilm: (thomason tracts ; 245:669f5[141]) his majesties gracious message to both houses of parliament: feb. 20. forasmuch, as his majesty hath (together with a treaty) proposed a cessation of arms to both his houses of parliament now 16. dayes since, ... england and wales. sovereign (1625-1649 : charles i) 1 sheet ([1] p.) s.n., [oxford : 1642] imprint from wing. the king has proposed a treaty without result. parliament, to avoid error is to name the day for the cessation to begin and the limits of it, .. -steele. with engraving of royal seal, between ornamental borders and "c.r.", at head of document. also includes: a letter sent from the earl of manchester to the lord of faulkland, about the assizes: with the lord of faulklands answer, &c. annotation on thomason copy: "march. 4.". title from caption and opening lines of text. reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a78804 r211761 (thomason 669.f.5[141]). civilwar no his majesties gracious message to both houses of parliament: feb. 20. forasmuch, as his majesty hath (together with a treaty) proposed a ces england and wales. sovereign 1642 514 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 john pas sampled and proofread 2008-08 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion his majesties gracious message to both houses of parliament : feb. 20. forasmuch , as his majesty hath ( together with a treaty ) proposed a cessation of arms to both his houses of parliament now 16. dayes since , to which as yet he hath received no answer : to the end that his majesty may cleerly understand the houses , that no such imputations ( as have been formerly ) may after be laid upon him upon occasion of any thing that may intervene : his maiesty desires if a cessation shall be approved of by them , that the day upon which the cessation is thought fit to begin , and such particular limits and conditions of that cessation as are necessary to be agreed on before the cessation it self can actually begin , be proposed by them at the same time with their approbation of it , since as his maiesty supposeth by the present great preparation of severall forces of the earle of essex to march severall wayes , that till such time as this be done , they doe not conceive themselves obliged to an actuall cessation ; so neither till then doth his maiesty conceive himselfe obliged to it . a letter sent from the earl of manchester to the lord of faulkland , about the assizes : with the lord of faulklands answer , &c. his majesty hath weighed the advice and desire of the lords and commons sent in a letter to the lord of faulkland , from the earl of manchester , concerning the putting off the general assizes and goal-delivery throughout the kingdom : to which his majestie returnes this answer . that the present bloody distractions of the kingdom ( which his majestie hath used all possible meanes to prevent , and will still to remove ) do afflict his majestie under no consideration more , then of the great interruption and stop it makes in the course and proceedings of iustice , and the execution of the lawes : whereby his good subjects are robbed of the peace and security they were born to ; and therefore as much as in him lyes , he will advance that onely means of their hapinesse ; at least , they shall see that their sufferings that way , proceed not from his majestie : and since they may expect now by the lawes , statutes , and customes of the kingdom , the assizes and generall goale delivery in every county , his majestie thinks not fit to command the contrary , but will take severe and precise order , that none of his good subjects shall receive the least prejudice as they repair thither , by any of his majesties forces ; which rule he shall be glad to be observed by others : and then he hopes by the due execution of the lawes , even these publike calamities may have some abatement , and the kingdom recover its former peace and prosperitie . god save the king . desires propounded to the honourable house of commons from denzill holles, esq; sir philip stapleton, sir william lewis, sir john clotworthy, sir william waller, sir john maynard, knights, major generall massey, john glynne esquire, recorder of london, walter long, esq; col. edward harley, and anthony nicoll, esq; members of the honourable house of commons. vvho stand impeached by his excellency sir tho. fairfax, and the army under his command. also their demurrer to the charge: and the votes of the house, giving them leave to goe beyond the seas, and to absent themselves for six moneths: and mr. speaker to grant them passes. this text is an enriched version of the tcp digital transcription a81371 of text r24893 in the english short title catalog (thomason e399_11). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 9 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a81371 wing d1186 thomason e399_11 estc r24893 99872073 99872073 160381 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a81371) transcribed from: (early english books online ; image set 160381) images scanned from microfilm: (thomason tracts ; 63:e399[11]) desires propounded to the honourable house of commons from denzill holles, esq; sir philip stapleton, sir william lewis, sir john clotworthy, sir william waller, sir john maynard, knights, major generall massey, john glynne esquire, recorder of london, walter long, esq; col. edward harley, and anthony nicoll, esq; members of the honourable house of commons. vvho stand impeached by his excellency sir tho. fairfax, and the army under his command. also their demurrer to the charge: and the votes of the house, giving them leave to goe beyond the seas, and to absent themselves for six moneths: and mr. speaker to grant them passes. holles, denzil holles, baron, 1599-1680. england and wales. parliament. house of commons. [2], 6 p. by robert ibbitson, printed at london : 1647. annotation on thomason copy: "july 21". reproduction of the original in the british library. eng holles, denzil holles, -baron, 1599-1680 -early works to 1800. england and wales. -parliament. -house of commons -early works to 1800. england and wales. -army -early works to 1800. impeachments -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a81371 r24893 (thomason e399_11). civilwar no desires propounded to the honourable house of commons: from denzill holles, esq; sir philip stapleton, sir william lewis, sir john clotwort holles, denzil holles, baron 1647 1260 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-11 tcp assigned for keying and markup 2008-12 spi global keyed and coded from proquest page images 2009-01 scott lepisto sampled and proofread 2009-01 scott lepisto text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion desires propounded to the honourable house of commons from denzill holles esq sir philip stapleton , sir william lewis , sir john clotworthy , sir william waller , sir john maynard , knights , major generall massey , john glynne esquire , recorder of london , walter long , esq col. edward harley , and anthony nicoll , esq members of the honourable house of commons . vvho stand impeached by his excellency sir tho. fairfax , and the army under his command . also their demurrer to the charge : and the votes of the house , giving them leave to goe beyond the seas , and to absent themselves for six moneths : and mr. speaker to grant them passes . printed at london by robert ibbitson . 1647. desires propounded to the honorable house of commons from denzill holles esquire , sir philip stapleton , sir william lewis sir john clotworthy , sir william waller , sir john maynard , knights , major generall massey , john glynne esq recorder of london , walter long esq col. edw. harley , and anthony nicoll , esq members of the honourable house of commons . who stand impeached by his excellency sir thomas fairfax , and the army under his command . june 19. 1647. denzill hollis esquire , sir philip stapleton , sir william lewis , sir john clotworthy , sir william waller , sir john maynard , knights , major generall massey , iohn glynne esquire , recorder of london , walter long esquire , col. edward harley , and anthony nicoll esquire , members of the honourable house of commons , all of them present in their own persons , presented a paper to the house of commons , in answer to the particular charge or impeachment in the name of his excellency sir thomas fairfax , and the army under his command , against them , which answer is a demurre to the said charge , and impeachment ; which paper being delivered in by them , the house received it . july 19. 1647. resolved upon the question by the commons assembled in parliament , that the answer of denzill holles esquire , sir philip stapleton , sir william waller , sir iohn maynard knight , major generall massey , iohn glynne esquire , recorder of london , walter long esquire , col edward harley , and anthony nicoll esquire , members of the honourable house of commons , in answer to the particular charge or impeachment , in the name of his excellency sir thomas fairfax , and the army under his command , against them , be read in the house , ( which was read accordingly . ) july 20. 1647. mr. greene , a member of the house of commons , acquainted the speaker , that he had a message to deliver to the house , of desires from denzill holles esq sir philip stapleton , sir william lewis , sir iohn clotworthy , sir william waller , sir iohn maynard , knights , major generall massey , iohn glynne esq recorder of london , walter long esq col. edw. harley , and anthony nicoll esq members of the honourable house of commons , impeached by his excellency sir thomas fairfax , and the army . july 20. 1647. resolved upon the question , by the commons assembled in parliament , that the desires of denzill holles esq sir philip stapleton , sir william lewis , sir iohn clotworthy , sir william vvaller , sir iohn maynard knights , major generall massie , john glynne , esquire , recorder of london , walter long , esquire , col. edward harley , and anthony nicoll , esquire , members of the honourable house of commons , be made to this house . july 20. 1647 mr. greene acquainted the house that he was desired , by denzill holles esquire , sir phillip stapleton , sir vvilliam lewis . sir john clotworthy , sir vvilliam vvaller , sir john maynard , knights , major generall massie , john glynne esquire , recorder of london , vvalter long esquire , col , edward harley , and anthony nicholl esquire , members of the honourable house of commons . to represent their desires to the house of commons . the desires of denzill holles esquire , sir philip stapleton , sir vvilliam lewis , sir john clotworthy . sir vvilliam waller , sir john maynard knights , major generall massie , john glynne , esquire , recorder of london , walter long , esquire , col. edward harley . and anthony nicoll , esquire , members of the honourable house of commons , moved in their behalfe in the house of commons on tuesday july 20. 1647. whereas his excellency sir thomas fairfax , and the army doe declare , that the proceedings of the house upon particulars and proofes to make good the charge will probably take up much time , and the present affaires of the kingdome in relation to those great matters proposed by them , do ( as they say ) require a speedy consideration and that they propound that those greater and more generall matters of the kingdome be first considered of , and settled . and in regard that it is supposed that the absence of these members will make way for the present more quiet proceedings , to settle the perplexed affaires of the kingdome . that they are so farre from making any interruption or disturbance to the proceeding upon , or settlement of the generall affaires of the kingdome , that they desire . 1 that they may have leave to absent themselves from the house for the space of six moneths to go about their own particular businesses . 2 that they may have liberty , or so many of them as shall desire it , to goe beyond the seas , and have passes granted them during that space of time . 3 that by that time the said six moneths shall be expired , they conceive that the great and weighty affaires , tending to the peace and settlement of the kingdome , will be over , and the house judge it seasonable to call them to a tryall . july 20. 1647. resolved upon the question , by the commons assembled in parliament , that leave be given to denzill holles esq sir philip stapleton , &c. for the space of six moneths , to be absent from the house , and to goe into the countrey , to follow their necessary occasions of businesse , as they shall thinke fit . 2 resolved upon the question by the commons assembled in parliament . that denzill holles , sir philip stapleton , &c. or any of them , have leave to goe beyond the seas , provided that they return to the parliament within the space of six moneths after this present ; to attend the house upon the businesse concerning the charge brought into this house ( from sir thomas fairfax and the army ) against them . 3 resolved upon the question by the commons assembled in parliament . that mr. speaker grant warrants to denzill holles esq sir philip stapleton , &c. or any of them that shall desire it , to goe beyond the seas , and to return within six moneths after this present time . finis . by the king, a proclamation for further proroguing the parliament england and wales. sovereign (1660-1685 : charles ii) 1671 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a32445 wing c3345 estc r34813 14866671 ocm 14866671 102743 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a32445) transcribed from: (early english books online ; image set 102743) images scanned from microfilm: (early english books, 1641-1700 ; 1566:45) by the king, a proclamation for further proroguing the parliament england and wales. sovereign (1660-1685 : charles ii) charles ii, king of england, 1630-1685. 1 broadside. printed by the assigns of john bill and christopher barker ..., [london] in the savoy : 1671. "given at our court at whitehall, the two and twentieth day of september 1671. in the three and twentieth year of our reign." reproduction of original in the huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. proclamations -great britain. great britain -history -charles ii, 1660-1685. 2008-03 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for further proroguing the parliament . charles r. whereas at our last session of parliament , we prorogued the same until the sixteenth day of april next ensuing ; we , by advice of our privy council , for divers weighty reasons vs especially moving , do hereby publish and declare our royal will and pleasure , that the same parliament shall be again prorogued from the said sixteenth of april , until the thirtieth day of october then next following ; that is to say , vntil the thirtieth day of october , which shall be in the year of our lord , one thousand six hundred seventy two . whereof the lords spiritual and temporal , knights , citizens , and burgesses , and all others whom it may concern , may hereby take notice , and order their affairs accordingly . given at our court at whitehall , the two and twentieth day of september 1671. in the three and twentieth year of our reign . god save the king. in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty . 1671. the lord bishop of rochester's letter to the right honourable the lords commissioners of his majesties ecclesiastical court sprat, thomas, 1635-1713. 1688 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-03 (eebo-tcp phase 1). a61160 wing s5034 estc r37588 16976791 ocm 16976791 105602 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a61160) transcribed from: (early english books online ; image set 105602) images scanned from microfilm: (early english books, 1641-1700 ; 1159:41) the lord bishop of rochester's letter to the right honourable the lords commissioners of his majesties ecclesiastical court sprat, thomas, 1635-1713. 1 broadside. s.n., [london? : 1688?] imprint suggested by wing. reproduction of original in the huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -ecclesiastical commission (1686) great britain -history -james ii, 1685-1688. great britain -church history -17th century. 2002-10 tcp assigned for keying and markup 2002-11 spi global keyed and coded from proquest page images 2002-12 emma (leeson) huber sampled and proofread 2002-12 emma (leeson) huber text and markup reviewed and edited 2003-02 pfs batch review (qc) and xml conversion the lord bishop of rochester's letter to the right honourable the lords commissioners of his majesties ecclesiastical court. my lords , i most humbly intreat your lordships favourable interpretation of what i now write , that since your lordships are resolved to proceed against those who have not complied with the king's command in reading his declaration , it is absolutely impossible for me to serve his majesty any longer in this commission . i beg leave to tell your lordships , that tho' i my self did submit in that particular , yet i will never be any ways instrumental in punishing those my brethren that did not : for as i call god to witness , that what i did was meerly on a principle of conscience , so i am fully satisfied , that their forbearance was upon the same principle . i have no reason to think otherwise of the whole body of the clergy , who upon all occasions have signalized their loyalty to the crown , and their zealous affections to his present majesties person , in the worst of times . now my lords , the safety of the church of england , seeming to be exceedingly concern'd in this prosecution , i must declare i cannot with a safe conscience sit as judge in this cause upon so many pious and excellent men , with whom ( if it be god's will ) it rather becomes me to suffer , than to be in the least accessary to their sufferings : i therefore earnestly request your lordship to interceed with his majesty , that i may be graciously dismissed any further attendanee at the board , and to assure him , that i am still ready to sacrifice whatever i have to his service ; but my conscience & religion . my lords , your lordships most faithful and humble servant r — at a common councel holden in the guild-hall london on vvednesday the 14th of december, 1659. city of london (england). court of common council. this text is an enriched version of the tcp digital transcription a88453 of text r211384 in the english short title catalog (thomason 669.f.22[23]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a88453 wing l2852m thomason 669.f.22[23] estc r211384 99870113 99870113 163606 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a88453) transcribed from: (early english books online ; image set 163606) images scanned from microfilm: (thomason tracts ; 247:669f22[23]) at a common councel holden in the guild-hall london on vvednesday the 14th of december, 1659. city of london (england). court of common council. alleyne, thomas, sir, fl. 1660. 1 sheet ([1] p.) printed by james flesher, printer to the honourable city of london, [london] : [1659] aleyn mayor = sir thomas alleyne, mayor of london in 1659-60. an order of the common council, for preserving the peace of the city at the forthcoming meeting of parliament. publication date from wing. annotation on thomason copy: "xber [i.e. december]. 15". reproduction of the original in the british library. eng england and wales. -parliament -early works to 1800. london (england) -history -17th century -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a88453 r211384 (thomason 669.f.22[23]). civilwar no aleyn mayor. at a common councel holden in the guild-hall london on vvednesday the 14th of december, 1659. city of london 1659 278 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-11 aptara keyed and coded from proquest page images 2007-12 mona logarbo sampled and proofread 2007-12 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion aleyn blazon or coat of arms mayor . at a common councel holden in the guild-hall london on wednesday the 14th of december , 1659. whereas this court upon the hearing of the report made by the committee appointed to confer with the lord fleetewood touching the safety and peace of this city , have received information ( amongst other things ) that a parliament shall be called with all convenient speed for the settlement of this nation ; and thereon to act without any disturbance from the army : it is therefore ordered by this court , that every member thereof do repair to the several housholders within their respective wards and precincts , requiring them to use all diligence to prevent all commotions , and to preserve the peace of this city , and in order to their own defence and the safety of the city , to come forth when by the lord mayor and sheriffs of this city they shall be commanded : and this court doth hereby most strictly require and command all masters of families within this city , to keep in their sons , apprentices and other servants , to forbear any meetings and concourse in the streets in any tumultuous way whereby the peace of this city may be disturbed : and this court do hereby declare , that they are fully resolved ( by gods assistance ) by all lawful means to defend themselves and this city to their utmost , against all persons whatsoever , that on any pretence shall disturbe the peace of this city . sadler . printed by james flesher , printer to the honourable city of london . by the council of state. a proclamation. the council of state having received information, that since the escape made out of the tower of london, by colonel john lambert, a person of loose principles, and reduced, by his own miscarriages, into a desperate fortune, he doth endeavour without any colour of authority, to rendevouz such of the souldiers ... proclamations. 1660-04-21 england and wales. council of state. this text is an enriched version of the tcp digital transcription a84482 of text r211824 in the english short title catalog (thomason 669.f.24[70]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a84482 wing e789 thomason 669.f.24[70] estc r211824 99897153 99897153 135091 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a84482) transcribed from: (early english books online ; image set 135091) images scanned from microfilm: (early english books, 1641-1700 ; 2484:5) by the council of state. a proclamation. the council of state having received information, that since the escape made out of the tower of london, by colonel john lambert, a person of loose principles, and reduced, by his own miscarriages, into a desperate fortune, he doth endeavour without any colour of authority, to rendevouz such of the souldiers ... proclamations. 1660-04-21 england and wales. council of state. 1 sheet ([1] p.) printed by abel roper and tho. collins, printers to the council of state, london : [1660] at end: "given at the council of state at whitehall, this one and twentieth day of april, 1660". "john lambert, since his escape, is trying to foment a new war. all persons aiding him are proclaimed traitors. his and their estates are forfeit. his adherents are to submit themselves within 24 hours."--steele. title from caption and opening lines of text. reproduction of original in the folger shakespeare library. eng lambert, john, 1619-1683 -early works to 1800. england and wales. -parliament -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. broadsides -england a84482 r211824 (thomason 669.f.24[70]). civilwar no by the council of state. a proclamation. the council of state having received information, that since the escape made out of the tower of lo england and wales. council of state 1660 600 1 0 0 0 0 0 17 c the rate of 17 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-11 tcp assigned for keying and markup 2007-11 apex covantage keyed and coded from proquest page images 2008-01 emma (leeson) huber sampled and proofread 2008-01 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion ❧ by the council of state . a proclamation . the council of state having received information , that since the escape made out of the tower of london , by colonel john lambert , a person of loose principles , and reduced , by his own miscarriages , into a desperate fortune , he doth endeavour without any colour of authority , to rendevouz such of the souldiers , and others , as , by falshood and mis-information he can with-draw from their obedience , and to engage them to a conjunction with him , in order to the raising of a new war , the embroiling the nation in blood , and distractions , the making of disturbances in opposition to the present government , as the same is established , and the hindering of the members from meeting in the next parliament , on whose free counsels , under god , the hopes of setling these nations do principally depend : they do therefore hereby declare the actions and proceedings of the said colonel john lambert , to be high treason , and himself , for the same , a traytor . and do strictly charge , require , and command all , and every person and persons , adhering to , and joyning with him , in such his treasonable attempts and endeavours , forthwith to withdraw and separate from him at his , and their uttermost perils : and the council do further declare , that whatsoever person or persons , of what condition or quality soever he or they be , whether souldiers , or others , shall presume after the publication hereof , to joyn with , or assist him therein , all , and every such person and persons , shall be reputed guilty of high treason , and incur the pains and penalties , which by law , are to be inflicted on traytors ; and his , and their estates shall be forthwith seized and sequestred to the use of the commonwealth . and that every person ▪ who hath been so far deluded , as to adhere to , and joyn with him therein , and shall not within twenty four hours after the publication hereof , in the county or place where such person or persons are or shall be , wholly desert and withdraw from him , and his party , submit to the present authority , and render himself to the governour of the next garrison , or commander in chief of the next forces of this commonwealth , under the obedience of the present government , quartering in the countrey where such person shall at that time be , all , and every such person and persons , shall incur the same pains , penalties , and sequestration , and be proceeded against , as aforesaid . and all the militia forces of this commonwealth , and all other well-affected persons whatsoever , are required to be aiding and assisting in the surprizing and subduing of the said john lambert , and all such as shall be accomplices with , or adhere to , and assist him in his said treasonable practises , or any others that shall in any part appear in arms , without authority from the parliament , the council of state , or general . given at the council of state at whitehall , this one and twentieth day of april , 1660. london , printed by abel roper and tho. collins , printers to the council of state . six new queries this text is an enriched version of the tcp digital transcription a93306 of text r211412 in the english short title catalog (thomason 669.f.22[41]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a93306 wing s3916 thomason 669.f.22[41] estc r211412 99870140 99870140 163624 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a93306) transcribed from: (early english books online ; image set 163624) images scanned from microfilm: (thomason tracts ; 247:669f22[41]) six new queries thomason, george, d. 1666, attributed name. 1 sheet ([1] p.) s.n., [london : 1659] imprint from wing. relating to the army and parliament and questioning whether the parliament will be free from control by the army. possible authorship of thomason from thomason catalogue. annotation on thomason copy: "xber [i.e., december] 29. 1659"; "nb. g.t. [i.e. george thomason?]". reproduction of the original in the british library. eng england and wales. -army -early works to 1800. england and wales. -parliament -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a93306 r211412 (thomason 669.f.22[41]). civilwar no six new queries. [thomason, george] 1659 294 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 tcp assigned for keying and markup 2007-07 aptara keyed and coded from proquest page images 2007-09 mona logarbo sampled and proofread 2007-09 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion six new queries . i. whether or no , any rational man of england , can or may expect any good from a parliament , when an army is in power at the same time in the nation ? ii. whether or no , a parliament constituted as the last was ( before the soldiers dissolved it ) deserves any other name , title , or appellation , than the rump ; and whether any one will , or dare presume to call that parliament ( entirely assembled ) by any other name , title , or appellation , but a free parliament of england ? iii. whether or no this nation may expect any good , by , or from a parliament , that hath any soldiers to sit , act , or vote in that house , or for it , that have any command derived from such a parliament ? iv. whether or no the persons now sitting , intend any other thing than to lord it over their brethren in this nation , whilest they take such courses as they have done , and fill not up the house with their fellow members of the same call with themselves ? v. whether or no it be a free parliament of england , if there be any limitation or restriction put upon them that are to choose , such persons to sit and act for them in that assembly , as they are willing to repose trust in ? vi . whether or no we have had any peace in this nation , ever since the military man hath had any power in it , or ever shall expect any whilest a parliament commissionates them ? a sermon preached before the honourable military company at st. clements-danes, july 25 by john scott ... scott, john, 1639-1695. 1673 approx. 44 kb of xml-encoded text transcribed from 16 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-03 (eebo-tcp phase 1). a58810 wing s2064 estc r38223 17215115 ocm 17215115 106254 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a58810) transcribed from: (early english books online ; image set 106254) images scanned from microfilm: (early english books, 1641-1700 ; 1100:11) a sermon preached before the honourable military company at st. clements-danes, july 25 by john scott ... scott, john, 1639-1695. [4], 26 p. printed for tho. taylor ..., london : 1673. errata: prelim. p. [4] reproduction of original in the cambridge university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -army. -honorable military company at st. clements-danes. bible. -n.t. -ephesians vi, 11 -sermons. sermons, english -17th century. 2004-04 tcp assigned for keying and markup 2004-04 apex covantage keyed and coded from proquest page images 2004-11 judith siefring sampled and proofread 2004-11 judith siefring text and markup reviewed and edited 2005-01 pfs batch review (qc) and xml conversion a sermon preached before the honourable military company at st. clements-danes : july 25. by john scott , minister of st. thomas southwark . london , printed for tho. taylor , at the hand and bible in the new buildings on london-bridge . 1673. to the right worshipful sir robert peyton , president , and one of the stewards elect . captain john perry . lieut. george clerk . lieut. thomas low . lieut. william pepper . ensign john merydale . serjeant ralph holland . stewards of the honourable , the military company , and to the stewards elect . sir richard combes . james long . esq. charles humphrevile . esq. christ opher vane . esq. john ayloffe . esq. and to captain john hooker , treasurer . worthy gentlemen , ever since i consented to your desires , to print this rude discourse , i have been hardly put to it , to make an apology for it ; at first i resolved to go the way of all authors , and indite my patrons , for committing a rape upon my modesty , and dragging this poor offering , like an unwilling sacrifice to the altar ; but upon second thoughts , i could not but disapprove such a kind address , as too disingenious , and unmannerly ; for to avouch your importunities for the publication of so mean a discourse , i might reasonably think , would be to libel your judgments , and to make the world believe , i designed revenge , rather than obedience ; and therfore , in conclusion , i rather resolved to take all the blame upon my self , hoping that in the great crowd of silly things that come abroad into the world , this little trifle may pass unobserved ; but if it should be so unhappy , as to be taken notice of , i hope the world will not be so unconscionable , as to deny me the priviledge of playing the fool , as well as others ; whatsoever imperfections there may be in the sermon , the subject of it is so great and excellent , that 't is no shame for any man to lie prostrate under it , for intreating of such high arguments insufficiency , is both art , and rhetorick ; if therefore i have not given it a character as great as it deserves . i hope this will in some measure excuse me , that i am a man , and not an angel , but however i fare in the esteem of others ; this comfort i have , that the weaker the discourse is , the greater argument it will be , of the gratitude and obedience of your humble and affectionate servant , john scott . errata . page 1. for aley , read , aloy . line 5. for our bodies , r. as for our bodies . p. 5. and us . p. 8. for menaceth , r. meaneth , and , to be left out . p. 9. for infer r. infere . put in , can . p. 10. for understa . understandings . p. 12. for by , r. a. p. 13. add , all other . p. for ride r. run . p. 15. for clutering , r. clattering . p. 17. acknowledge . epes . 6. 11. put on therefore the whole armour of god. that which giveth us the advantage of brutes , and ranketh us in a form of beings above them , is the rational and immortal spirits we carry about with us ; for our bodies they are but clods of earth steeped in phlegme , and kneaded into humane shapes , and do derive their pedegree from the same principles with flies and scare-bees , and the most contemptible animals : but our souls are of a purer alley , and by their nature are allied to angels , and do border upon god himself ; and it is by the title of these rational natures that we are now superior to beasts , and hope hereafter to be equal with angels ; and yet besotted creatures that we are , how do we prefer our bodies before our souls , imploying all our cares in providing for , and pampering of our flesh , as if our reason were given us for no other end but to be cook and taylor to our bodies , to study sauses and fashions for them ; whilst our immortal spirits pine and famish , and like forlorn things are wholly abandoned by us to wretchedness and misery : that it is so , is apparent by too many woful instances : the poor labourer that sweateth , and toileth all day for his body , thinketh much at night to bestow upon his soul a prayer of a quarter of an hour long ; the tradesman that thinks no industry too much to make a fair and ample provision for his body , grudgeth to expend a few good thoughts and endeavours in the purchase of an eternal inheritance for his soul ; the souldier that shuts up his body in ribs of iron and coats of male to secure it from the sword and bullets of his enemies , exposeth his soul unarmed to all the fiery darts of the devil ; and though his understanding hath as much need of knowledge as his head hath of an helmet , his will as much need of justice as his breast of a bucklen , his affections as much need of fortitude and temperance as his legs and hands have of greaves and gantlets , yet he ventures them all naked amongst a thousand enemies , as if his little toe or finger were more dear and precious to him , than his immortal soul. but if we would be good souldiers and good men too , we must arm our selves with in as well as without , and as we harness our bodies in iron , so must we put on upon our souls the whole armor of god , and this is the councel of the apostle in the text , which i have chosen for the subject of my ensuing discourse : put on therefore the whole armour of god. by the whole armor of god , here we are to understand the christian religion , that is , the doctrine and duties of christianity , as you may see at large from the fourteenth to the eighteenth verses of this chapter , where the apostle instances in the particular parts of which this whole armour consisteth ; the first is the girdle of truth , that is , the doctrine of the gospel , in opposition to all heathen errors , and heretical insinuations : the second is , the breast-plate of righteousness , that is , sincere and faithful obedience unto christ : the third is , the preparation of the gospel of peace , that is , the practice of christian charity and peaceableness : the fourth is , the shield of faith , that is , the belief of the promises , and threats of the gospel : the fifth is , the helmet , that is , the hope of salvation : the sixth is , the sword of the spirit , which is the word of god : and the last is , prayer and watchfulfulness . these are the several parts of this divine armour ; in which you see are reckoned both the doctrines and duties of christianity ; by the putting on of these therefore nothing else can be meant , but only our hearty belief of the doctrines and our sincere practice of the duties of christian religion ; for to this sence the phrase is frequently used in the new testament : thus when the apostle exhorteth us to put on the lord jesus christ , in rom. 13. 14. it is plain he meaneth nothing else but believing in christ , and obeying him . and so also when in ephes. 4. 22 , 24. he exhorteth them to put off the old man , and put on the new , he meaneth nothing else , but that they should forsake their heathen superstitions and idolatrous uncleannesses , and conform all their actions to the new rule of christian purity . in the words thus explained , you have first something implied , which is , that the christian religion is armour of defence unto the souls of men . secondly , something expressed , that if we mean it should arm and defend us , we must believe and practise it . first , that the christian religion is armour of defence unto the souls of men , that is , it is of the same use to mens souls as armour is to their bodies ; for as the end of armour is to defend mens bodies , and secure them against the weapons of their enemies , so the great end and design of the christian religion is to defend mens souls from whatsoever is hurtful and injurious to them . now there are but two sorts of evils in the world , both which are injurious to the souls of men . the first is the evil of sin , and the second is the evil of misery , and against both these christianity doth strongly arm us . first , for the evil of sin , which upon several accounts is injurious to mens souls , it overthroweth the order and oeconomy of their natures , inslaving their reason to their passions and appetites ; as it discomposeth the tranquility of their minds , by inspiring them with wild and inconsistent passions , and it disturbeth the peace of their consciences , by suggesting black thoughts , and horrible reflections to them ; these and several other ways is vice injurious to our souls . and therefore 't is the design of christianity to arm us against this great evil , to secure and defend us against all the weapons of unrighteousness . hence the apostle telleth us , that the grace of god , that is , the gospel , was revealed from heaven , for this very end , to teach us to deny all ungodliness , and worldly lust , and to live soberly , and righteously , and godly in this present world , tit. 2. 11. and st. john telleth us , that for this purpose the son of god was manifested , that he might destroy tha works of the devil , 1 john 3. 8. this was the errant of the son of god into the world , and the design of that incomparable religion he taught , to destroy the works of the devil : and indeed if we consider what an effectual course christianity taketh to defend us against sin , we must confess it to be the most excellent armour in the world ; for , 1. first , it restraineth us from it by the purest laws : the laws of christian religion have made so great a gulph between our sins , and separated us from them by such an infinite distance , that it is impossible for them to come at us , or for us to go to them , whilst we persevere in our obedience to them , for they do not only forbid us that which is really evil , but do also command us to abstain from all appearances of evil , and do remove us so far out of the territories of sin , that they will not permit us to approach the borders of it ; and lest we might unhappily go farther than we should , they forbid us to go as far as we may , and will not allow us so much as to come within the skirts , and suburbs of iniquity . for in moral actions the distance is frequently so small , between the utmost of what is lawful , and the nearmost of what is sinful , that there are very few men in the world can set a rule to themselves , hitherto may i go and no farther ; and therefore without an infallible guide to point out to them the just and particular limits of lawful and unlawful , men can hardly be secure , whilst they dwell upon upon the frontiers and neighbourhood of sin ; and therefore the gospel commands us , at least , to endeavour to keep at distance from sinning , and not come near the pitch , lest we be defiled by it ; neither doth it only restrain us from outward acts , but also from inward inclinations to evil ; we must be so far from murdering our brother , that we must not hate , or wish ill to him ; so far from practising rapine and oppression , that we must not so much as covet our neighbours possessions ; so far from acting adultery , that we must not look upon a woman to lust after her : thus the laws of our religion you see do strike at the very root of sin , and choak the very springs from whence those bitter streams derive ; and do not like other laws meerly restrain our outward practice , but also lay reins upon our desires , and extend their empire to our free-born thoughts , in this respect therefore christianity doth most effectually arm us against sin , as it restraineth us from it by the purest . laws that ever were . secondly , by disswading us from it with the most prevailing arguments . there is no article of the christian faith but is a copious topick of motives to virtue ; and if men would but take the pains to extract from each their proper and just inferences , and to ponder those great obligations to gratitude , and duty which the several articles of their religion do devolve upon them , christianity must necessarily do wonders in the world , and work strange alterations in the lives and manners of christians ; for there is no stone that it leaveth unturned , nothing within us that is capable of perswasion , but it addresseth to , to win upon our hope ; it proposeth to us a happiness so extensive , that we can neither desire , nor imagine beyond it ; a happiness that is equal to the utmost capacities of our natures , and parrallel to the longest duration of our beings , that hath not the least tang of misery in it , no bitter farewel nor appendant sting to it , but is all quintessence composed of the purest extracts of joy and pleasure , what greater motive can be urged to disswade us from sinning , than the hope of such a happiness as doth so infinitely out-bid all that vice can proffer us , and is weighty enough to preponderate all its temptations , though all the world were in the counterballance : but if we are so wedded to our lusts that no hope of advantage will disingage us from them ; christianity thunders against them all the dreadful threats that are capable of scaring us into sober purposes ; it denounceth unquenchable fire , and eternal vengeance against all unrighteousness and ungodliness of men , and allarms our fears with all the inconceivable horrors that an everlasting hel menaceth ; and that this may not scare us only from open prophaness into close and secret hypocrisie , it assureth us that there will be a day of fearful account , and wherein all that we acted behind the curtain , shall be brought into publike view , upon an open theater , and proclaimed to all the world by the trumpet of god , and the voice of an archangel ; and that we may be assured that these terrors of the lord are not meer bugs , and scare crows , it giveth us a fearful example of gods severity against sin , in the death and sufferings of his own son , wherein he hath proclaimed himself an implacable enemy to vice , in that he would not pardon it without the blood of the most beloved darling of his soul ; and certainly he that after this assurance of gods severity against sin , can dare to be wicked , is a most valiant and couragious sinner ; and if after he hath confronted the tribunal of god , and out-saced the the flames of hel , he can laugh at this fearful example of the divine severity , he is fit for a reserve , or a forlorn-hope , and may boldly venture to be wicked through all the terrors in the world : but if men should be so senselesly wicked as not to be perswaded either by hope or fear , yet perhaps ingenuity may prevail ; which that it may , christianity presseth us with the most endearing motives in the world , it sets before us the infinite obligations which god hath laid upon us , in bestowing upon us our beings , in surrounding us with his careful providence , but above all in giving his son to die for us ; and to infer this last , it representeth our most kind and merciful redeemer groaning under the cruelty of our sins ; it bringeth forth his bloody garments , as anthony did those of the murdred caesar , and spreadeth them before our eyes , and in the most passionate manner , accuseth our sins for being his assassines and murderers , and we find in our hearts to hug his executioners , to harbour the ●●aitors that slew our friend , our friend that loved us a thousand times better than we love our selves : surely if we should , we 〈…〉 for the most disingenious 〈…〉 in the world ; for 't is 〈…〉 should oblige us , if we find 〈…〉 spight of all the love of 〈…〉 and blood of our redeemer . 〈…〉 powerful arguments christian●●● 〈…〉 sin . thirdly , 〈…〉 it with the most powerful grace and 〈◊〉 〈◊〉 christianity is animated with a divine spirit , tha● 〈◊〉 along enlivened & actuated it , & rendered it in 〈◊〉 〈◊〉 so successful and victorious , 't was by virtue of this 〈◊〉 spirit that it triumphed in its very infancie over all the power and malice of the world , that like the palm 〈◊〉 it grew by depression , and conquered in the midst of flames ; insomuch that within less than an hundred years after the death of christ , it had made successful inroads into the remotest kingdoms , and captivated a great part of mankind into the belief and obedience of it ; and though it found the minds of men prepossessed with a contrary religion , & conseqaently had mighty prejudices to combat before it could come to lay siege to their reason ; yet it charged like a thunderbolt through all these obstacles , and with its spiritual artillery battered down all opposition before it , and wrought such strange alterations in the world , that the world scarce knew her self , and stood admiring at her own change : she saw the thronged temples of the heathens unfrequented , the adored gods derided , the celebrated oracles ceased , the wise philosophers puzled , the enraged magistrates disheartened , by the unsuccessfulness of their own cruelties , and all this done by a few despicable and illiterate fisher men , and yet all this had not been so strange , had it won men only to an opinion or a faction ; for such chaff will soonest catch small birds , a giddy and a hair-brain'd multitude ; but the wonder of it was , that christianity converted men from folly and vice , to a sublime pitch of virtue , and substantial goodness ; and of vitious , deboyched , and dissolute , made them sober and temperate , and righteous , which is so clear an evidence of that extraordinary power and efficacie that accompanied it , that the heathens attributed its successes to the power of magick , as st. austin hath observed , concluding that 't was impossible for it to conquer through so many difficulties , without the assistance of some mighty and powerful spirit : and though it doth not now convert men so miraculously as it did at first . but proceedeth in more rational and humane methods , by joyning in with our understandand leading us forward by reason and sobriety , by instructing our faculties in the right perception of things , and by discovering a fuller evidence , and stronger connexion of truths ; so that whatsoever assistance it now affordeth us , it worketh in the same way , and after the same manner , as if they were all performed by the strength of our own reason , yet still there are mighty assistances accompanying all its ministrations , and it is enlivened with a divine power and efficacie ; for still those promises are in force , to him that hath shall be given ; and he will give his spirit unto every one that asketh ; so that gods grace is wanting to none , but to those that are wanting to themselves ; for if we will be so ingenious as to do what we can , god will be so gracious as to help us to do what we cannot ; if therefore we do not do all , it is our own fault , since we may do all through christ , who will strengthen us , if we do what we can . what therefore may we not do who are thus armed with divine assistance ? what sins are there so strong , that we may not mortifie ? what passions so violent , that we may not tame ? what habits so inveterate , that we may not vanquish , who are thus backed , and aided with auxiliaries from above ? and thus you see what impenitrable armour the christian religion is against all the darts and weapons of sin , and how able it is to render us shot-proof , and invulnerable against all its temptations . i come now to the second thing proposed , which is to shew you that christianity is armor of proof against the evil of misery , that is against all those cares and fears , those griefs and sorrows , vexations and anxieties wherewith we are here incompassed on every side ; and indeed there is nothing in the world can give so much ease unto the minds of men , and fortifie them so impregnably against the miseries of the world as true religion . hence is that of our saviour , come unto me all ye that are weary and heavy laden , and i will refresh you , matth. 11. 28. that is , all you that are tired out with the crosses and troubles of this miserable world , do but become by disciples , believe my doctrine , and obey my commands , and i will give ease and refreshment to your minds . and in the following verse he telleth us , that by taking his yoke , that is his religion upon us , we shall find rest for our souls : and of necessity his yoke must mightily contribute to the arming of souls against the troubles of the world upon these following accounts . 1. first , in that it naturally inspireth us with true courage and magnanimity ; there is nothing in the world so valiant and heroick as a true christian spirit ; for its courage is composed of the best metal in the world , of patience and temperance , of constancie and resignation to the will of god , all which mingled together do beget in the soul an invincible firmness and staiedness of mind against all dangerous and dolorous accidents whatsoever : for what accident can daunt a soul that is weaned by temperance from the pleasures of the body , and hardened by patience against the pain and displeasures of it that hath so subdued her passions as to be alwayes present to her self , and constant to her own reason , and having resigned up all to the conduct of divine providence , receiveth every accident as a token of love , and giveth a hearty welcome to whatsoever befalleth her ? such a soul as this standeth firm as a rock , out-braving all the storms of fortune , making its envious waves retire in empty foam , and insignificant passion : but wheresoever these brave qualities are wanting , it is impossible a man should be truly couragious ; for intemperance , impatience , and diffidence will let in every trouble that assaults us , to spoil and ravage us at pleasu●e , and expose all the peace and tranquillitity of our minds to the mercy of every trifle , so that we shall not be able to abide the shock of any cross accident that encountereth us , but like cowardly poultrons shall lie down vanquished at the feet of every trouble that befalleth us ; and there is no greater signe of cowardize and weakness of spirit , than an aptness to be discomposed with trifles ; for as sick persons are offended at the light of the sun , and the freshness of the air , which administer pleasure and recreation to those that are in health ; even so persons of weak and pusillanimous spirits are easily offended ; their minds are so tender and effeminate , that they cannot bear the least air of trouble without disturbance ; and what would be a diversion to a courageous soul , grieveth and incommodateth them . but when we are once arrived to a due pitch of patience , temperance and confidence in god , all the troubles of the world will be but like flea-bites to a sleeping lyon , & we shall no more be concern●d with these little crosses and mischances , than the moon is with the yelping of those whiffling curs that bark at her from below . for true christian courage is the most heroick of all other : for courage is meerly brutal consisting in heats and serments of the blood and spirits , in which game-cocks and mastives out-vy the greatest heroes in the world : but the courage of a christian is truly rational and manly , founded in religion and true principles of reason , and so as a thousand times more manageable and useful than that which ariseth only out of temper and complexion ; for this sort of courage is headstrong and unruly , and like an hot metall'd horse , doth oftentimes ride away with the rider , and instead of securing us from , carries us headlong into mischief ; but true christian courage is gentle and obsequious to the commands of reason , and upon that account is far more useful in our extremities , and is more applicable to our necessities . since therefore christianity inspireth us with such an excellent courage as this is , it cannot but render us invincible , and effectually shield us against all the blows of fortune . secondly , it armeth ns against the miseries of the world , by reconciling us unto god ; 't is impossible a man should be free from trouble and anxiety of mind whilst he is in a state of emnity with god : for there is grafted within our very natures such a natural awe and dread of a divine power , as doth necessarily alarum all that sear and horror that is within us , whensoever we knowingly provoke that power we so much dread and tremble at ; and our consciences being thus in a tumult and uproar , will give a sting to all our miseries , and render all our dangers more terrible and amazing ; 't will represent every cross accident to us as a messenger of god's vengeance , and every little danger as an approaching storm from heaven ; and then how must every danger affright , and every misery oppress us that comes with a commission from that almighty vengeance , which we so naturally dread and tremble at ? how can we but sink even under our crosses when we think what a load of wrath there is in them ? how can we but quake at our dangers , when we look upon them as so many thunderbolts , which omnipotent fury is hurling at our head ; the thought of this will imbitter all our miseries , and make the most trifling dangers to look stern and terrible ; hence it is that of the wiseman , the wicked flee when no man pursueth , but the righteous are bold as a lyon : for though no man pursueth them , yet their own consciences like restless furies haunt them whether ever they go , and this makes them flee before a shadow , and when none pursueth them , they run away from themselves . thus whilst we are in hostility against god , we lie open to all weathers , and our own consciences do betray us to the sury of all those troubles and dangers that surround us . but the great end of christian religion is to reconcile us unto god ; in order to which it both proposeth a peace to us , and the terms and articles upon which it is to be obtained ; which terms when we have performed , the quarrel presently endeth in a mutual confederacie ; and of enemies we become the friends and favourites of god ; upon which there followeth a jubilee of joy and peace within ; the conscience smileth and groweth calm , as the ocean when the wind is laid : and now , if troubles besal us , if dangers encounter us , 't is all but like the ratling of hail upon the tiles of a musick-house , which with all their cluttering and noise will not be able to disturb the harmony within . for a quiet conscience will be a paradise in a wilderness , a haven in the midst of storms ; it will make a man fearless in danger , joyful in tribulation , and inable him to sing with a thorn at his breast ; and when troubles and crosses surround him on every side , that will be a sanctuary to him , whereunto he may retire , and be merry in spite of fortune : thus by reconciling us unto god , the christian religion armeth us against all the miseries in the world . thirdly it doth it also by assuring us of that special care and regard which the divine providence hath of us , and our affairs : christianity assureth us , that all things shall work together for the good of them that love god , and keep his commandments : that even their afflictions shall prosper them , and all the cross-winds conspire to blow them to the right port ; and what greater security can a man desire , then to have all his affairs managed by a providence that is infinite●y wise , and knoweth what is best for us ; infinitely k●nd , and willeth what he knoweth best ; and infinitely powerful , and doth what it willeth ; this is the utmost that any modest or reasonable man can desire for his security , and he that firmly believeth this , most necessarily be happy whatsoever betalleth him : for whatsoever happeneth , he taketh as a favour , because it cometh from the hand of that wise and merciful providence , which he is well assured doth both know and do that which is best for him : and is it not a thousand times better that our affairs should be managed as god thinketh fit , who is ●o much wise● than we , and loveth us far better than we do our selves , than that they should always jump with our childish hopes , and keep pace with our extravagant fancies ; and if the government of all events that besal us were put into our own hands , would it not be our wisdom and our interest to resign it it back into gods hands again , who , as we must needs acknowledged can carve a thousand times better for us , than we for our selves ? why then should we be troubled that our affairs sometimes run counter to our humours and fancies ; did we understand the reason of gods dealings , and see what he seeth , and know what he knoweth , we should praise him on our bended knees , for those crosses which are now the innocent causes of our repinings against him . this therefore in reason ought to satisfie us that we are under the protection of a most wise and gracious providence ; and that if afflictions do befal us , they are but rods in the hands of our benefactor , and tokens of love from a reconciled father . for what reason can we have either to fear or complain , when we know our selves sheltered within the bosome of that providence , in which all the divine attributes , like so many guardian angels do pitch their tents , about us . within this blessed ark , if we please , we may live securely , whilst all the floods of misery do swell , and rove about us ; here we may sing requiems in the loudest thunders , and sleep securely in the midst of storms ; for what should we be afraid of , when we have omniscience for our pilot , omnipotence for our convoy , and all-sufficient goodness for our purveyer and caterer : by the help of this one confideration a man may bid defiance to misery , and stand impregnable against all the batteries of the world . fourthly , and lastly , christianity armeth us against the evil of misery , by assuring us of a blessed immortality ; and verily were it not for the hope of this , man were of all creatures the most miserable . for his very reason , by which he is capable of a larger happiness , doth most commonly , in this life , prove an instrument of grief and vexation to him : and as for the beasts they are as sensible of sensual pleasures as we ; they relish their morsels with as great a gust , and enjoy their delights with as quick a sense , as the greatest epicures in the world . besides which , their harmony is not mingled with the sad discords of a wounded conscience , which often interrupts our mirth , and puts a sting to all our pleasures : and as for troubles the beasts only feel them whilst they are present , and are not alarmed with fear at the approach of them , nor vexed with despair in the presence of them , nor wracked with fruitless cares of removing them ; to all which inconveniencies our reason exposeth us . so that were it not for the hope of a future happiness , man , that is the top of this lower creation , would be the most miserable part of it , and we should have reason to envy the happiness of the pretty birds , that sit merrily singing on the trees ; and to wish that we could change conditions with the fishes , that sport and play in the silver-streams , devoid of all those griefs and sorrows , cares and anxities with which we are wrackt , and tortured every moment : the only thing therefore that maketh our life desirable , and giveth it the advantage of non-entity , is this , that how mean soever our condition is here , yet we are born to higher hopes , and are now but candidates for an immortal preferment ; and of this the christian religion giveth us the most certain assurance , even by the resurrection of christ from the dead . by this it is that we are begotten into a lively hope of an eternal inheritance , as the apostle tells us , 1 peter 1. 3. and indeed this is a proof of the immortal state beyond all other arguments , whether moral , or physical ; for had not this doctrine of immortality been true , it cannot be imagined , that the god of truth would have sealed and confirmed it , as he did , by raising the author of it from the dead ; since in so doing he must have been guilty of cheating the world , and seconding the most rank imposture , than which we cannot form a conceit more black or incongruous to the nature of god. wherefore now life and immortality are as clear and evident as the resurrection of christ from the dead , of which we have as full assurance as we can possibly have of any matter of fact in the world : for the eye-witnesses of it confirmed their testimony with their blood , which is the highest pledge that a man can give of his honesty , and there is no credit to be given to men , if they may not be believed upon this security . thus christianity , you see , hath sounded our hopes of immortal happiness upon the surest foundations in the world ; which hope is sufficient to raise any considering man above the reach of misery . for would we but keep our thoughts within those higher and untroubled regions , we should be able to look down upon these little affairs , about which poor mortals scramble , with as much contempt and scorn , as we do upon the toils and labours of a little world of ants about a molehil , who are not altogether so ridiculous , because they do not divide their molehil into little empires , nor desraud , and murder , nor be false and treacherous to one another for the greater share , nor were they ever so extravagant as to march out in armies to kill their neighbouring ants , so to extend their dominion over the next handful of a turf : but he whose hope hope hath mounted him to heaven , can from thence look down and sigh , and smile at all these fooleries , and slight , and undervalue whatsoever sensual men , poor souls do fear , or hope , or long for , or pursue : for he hath such a glory within the prospect of his faith and hope , as do at one glimpse foil all the glory of the world , and unsting all its miseries . the sight of that flowery canaan of rest and pleasure that lieth before him , incourageth him to march on with joy and alacrity through this howling desert of sorrow and misery , and make the wilderness to seem a paradise to him ; and at worst , all the ill usage that he meets with here , will but make earth more loathsome now , and heaven more welcome to him hereafter . when therefore he is tossed in this tempestuous sea , he considereth with himself , that a few leagues farther lieth that blessed port where he shall be crowned as soon as he is landed ; and concludes that when he is gotten safe on shore , he shall then look back with pleasure and delight upon those threatning waves he now encountreth , and for ever bless the storms and winds that drave him thither , and so resolveth with st paul , that the sufferings of this present life are not worthy to be compared with the joys that shall be revealed , rom. 8. 18. and thus you see what incomparable armour the christian religion is , both against sin and misery . but yet we must not think it will defend us , if we only keep it by us to look on ; there never was any souldier so foolish as to think himself secure in a battle because he hath excellent armour at home locked up in his chest , or closet , and yet so besotted are many men , as to expect defence and security from their religion because they are baptized christians , and have a scheme of christianity in their bibles : as if religion were nothing but a charm or amulet , which being hung about their necks , must immediately disinchant them of all their maladies : but be not mistaken , if ever you mean this armour of god should do you good , you must put it on , you must transcribe its doctrines into your belief , and its duties into your practice : which is the second thing i proposed to discourse of , that if we would have christianity armour of defence unto us , we must put it on , that is , we must believe and obey it ; for unless we believe the doctrines of christianity , how can they defend us , either from sin , or misery ; for our holy religion doth not work magically upon men , nor make them invulnerable , as the witch did achilles , meerly by charms and inchantments ; but it proceeds by rational and accountable methods and fortifieth our minds by reason and arguments ; but no proposals of reason can work upon the minds of men that do not believe them ; and though the things proposed be never so true in themselves , yet unless we assent to the truth of them , we shall be no more concerned in them , than if they were the grossest fictions . for no man will be moved by those things in which he thinketh he hath no interest : but in pure falshoods we can have none , because they are pure non-entities . to what purpose therefore is it that christianity hath armed us against sin with the strongest motives in the world , if we do not believe them , all the glories it proposeth will signifie no more to us , than the promise of a fair inheritance in utopia ; and we shall be no more concerned in all the terrors it denounceth , than if we were only threatned with an invasion from the world in the moon ; and what though christianity fortifies us against misery , with arguments strong enough to create comfort in hell , yet if we give no credit to them , they will be as far from comforting us , as the festival dreams of a starving man , are from satisfying his hunger : if therefore we intend that religion should secure us , either from sin or misery , we must imbrace its proposals with a hearty and lively saith , and as we must believe it , so we must practice it , else it will be as insignificant to us as the dreams of the alchoran : for the way of christian religion is not to hale and drag men out of the arms of their lusts by force , and irresistable power , but by arguments to sollicite them to the practice of those duties it enjoyneth , and by that to wean them from their vicious inclination . for our religion walks in the methods of our nature , and carries us on by degrees , from acts to habits of goodness : and in this method it is , that the divine grace , which accompanies christianity doth work its effects upon the spirits of men ; not by an instantaneous infusion of virtuous habits into their wills , but by making effectual addresses to their reason , and consciences to perswade them to thwart their vicious inclinations , by practising those virtues that are contrary to them : and so it goeth on , moving us to a continued repetition of those virtuous acts , until all our evil habits are gone out , and expired into the contrary habits of virtue and goodness . for the grace of god is like a grafft put into a stock of another nature , it makes use of the faculties and juyce of the stock , but by degrees converts all into its own nature : and therefore we usually see that when a man hath been wicked , the beginnings of his reformation proceed not from habit and inclination , but from fear and terror ; and whilst he doth obey god , he would rebel if he dared ; but persevering in his obedience , he groweth more habituated to it , and so by degrees it becomes his nature . this therefore being the ordinary method of christianity to carry us on by repeated acts to permanent habits of virtue , our obedience to its commands is indispensably necessary , if we expect it should either rescue or secure us from sin ; for no man is secure from fin , until he is habitually virtuons ; which state without a miracle no man can arrive to but through intermediate acts of obedience ; and as without the practice of it duties christianity cannot arm us against sin , so neither can it against misery : for all those gracious promises , and comfortable proposals by which our religion arms us against the miserie of this world , are suspended upon the condition of our obedience to its laws , and whilst this is wanting , there is not one word of comfort for us in all the glad tidings of the gospel , there is no promise in it will open a door of hope to shelter us from the storms of trouble ; but all its dreadful threats will be perpetually thundering out their terrors upon us , so that if we are resolved to be wicked , we can never expect comfort from christianity ; for it hath set up a flaming sword to chase all wickedness out of the paradice of its joys : so that we may as soon suck balsom out of a scorpions sting , or gather nectar from a nest of wasps , as joy or comfort from the christian religion , whilst we persevere in our wickedness : thus you see how necessary it is that we should believe the doctrines and practice the duties of christianity , if ever we mean that it should arm and desend us . to close up all therefore , as you hope to be the better for your religion , to be defended by it , either srom sin , or misery , do not content your selves any longer , either with the empty name of christians , or the formal profession of christianity , but endeavour seriously to work your minds into such an effectual belief of it , as may throughly mould you into an hearty compliance with its duties ; for which end let me perswade you to shake off all that prejudice against religion , which lewd and vicious principles may have infused into your understings , and to consider seriously with your selves , whether it be not a thousand times more for your interest that religion should be no imposture , than that you should enjoy your lusts , and whether all those comforts that religion administers in this life , and all those hopes it giveth of a glorious immortality in the life to come , be not infinitely more valuable than the short and fulsome pleasure of a few paltry vices , and sure if you are wise , when you have throughly considered this , you will heartily wish that christianity were true , though you should not be able to believe it so ; but if when you have quitted all your prejudice , you will but impartially survey those many and mighty evidences upon which this excellent religion is founded , you will soon find all that infidelity which now hovers over your understandings , vanish , and fly away like shadows before the sun ; and your minds being once perswaded into an hearty belief of its truth and divinity , you cannot imagine what force you will find in all its motives , and arguments , then will its promises tempt ye a thousand times more than all the lures , and blandishments of vice , and its threats will over-power you with such an awful dread , that nothing in the world will be so terrible as sin ; and you will find more life : 〈◊〉 one word of religion , than in all the address and rhetorick of vice ; then you will no longer complain of the difficulties of religion , nor be startled at the steep ascents in the way to heaven ; for your faith will every moment supply you with new strength and vigour to carry you through all the weary stages of your duties ; and having thus put on christianity by saith and obedience , you will find your selves instantly inspired by it with such an invincible courage , as will inable you to conquer all the malice , and triumph over all the miseries of the world . for now we shall be m rs of our own fortunes , and we need no longer be tenants at will to the chances and accidents of the world , but all our happiness in our own hands , and may choose whether we will be miserable , for whilst we keep peace with god and our own consciences , and do not through our own wilful folly forfeit the blessed hope of immortality ; it is not all the power and malice of the world can threaten our ruine , or shake the foundation of our happiness ; and therefore as we would be happy both here and hereafter , let us put on the whole armour of god , and sincerely submit our faith to the doctrines , and our practice to the laws of christianity ; then may we bid defiance to all misery , and march triumphantly through heaven to heaven , and pass through one paradice into another : and our religion having armed us against all the troubles of this life , shall in the end crown us with the joys of the life to come . finis . the true declaration of colonell anthony welden, to the honourable hovse of commons of those services hee hath done them, the ill encouragements hee hath had by the unjust oppressions of some potent adversaries for their owne private ends, hath caus'd his infinite sufferings, all which humbly representeth to them, craving reliefe from them as fathers of their country to relieve the oppressed. weldon, anthony, sir, d. 1649? this text is an enriched version of the tcp digital transcription a65396 of text r6955 in the english short title catalog (wing w1277b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 51 kb of xml-encoded text transcribed from 13 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a65396 wing w1277b estc r6955 13506648 ocm 13506648 99823 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a65396) transcribed from: (early english books online ; image set 99823) images scanned from microfilm: (early english books, 1641-1700 ; 480:18) the true declaration of colonell anthony welden, to the honourable hovse of commons of those services hee hath done them, the ill encouragements hee hath had by the unjust oppressions of some potent adversaries for their owne private ends, hath caus'd his infinite sufferings, all which humbly representeth to them, craving reliefe from them as fathers of their country to relieve the oppressed. weldon, anthony, sir, d. 1649? [2], 24 p. [s.n.], london : 1645. reproduction of original in huntington library. eng england and wales. -parliament. -house of commons. a65396 r6955 (wing w1277b). civilwar no the true declaration of colonell anthony welden, to the honourable house of commons of those services hee hath done them, the ill encouragem weldon, anthony, colonel 1645 9227 326 0 0 0 0 0 353 f the rate of 353 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-02 tcp assigned for keying and markup 2002-03 spi global keyed and coded from proquest page images 2002-04 tcp staff (michigan) sampled and proofread 2002-04 john latta text and markup reviewed and edited 2002-05 pfs batch review (qc) and xml conversion the true declaration of colonell anthony welden , to the honourable hovse of commons of those services hee hath done them , the ill encouragements hee hath had by the unjust oppressions of some potent adversaries for their owne private ends , hath caus'd his infinite sufferings , all which humbly representeth to them , craving reliefe from them as fathers of their country to relieve the oppressed . london imprinted 1645. the true declaration of colonell anthony vveldon , to the honourable house of commons , of those services he hath done them , &c. being by the earle of l●icester sent to relieve the fort of duncannon in ireland , at the present besieged by the rebells , and in such distresse , that at my entry i found the lord esmond governour , had sent to treat with their generall at kilkemy , but our unexpected succour , broke off the treaty ; our provision decreasing , made us consult to prevent the danger might ensue , so that my returne to the parliament , was commanded by the governour , his letters and instructions given me to the generall , and both the honourable houses ; the contents was a demonstration of the dangers and wants already past , the defect of provisions and other necessaries present the perticular service our new forces had done ; a narration of his owne former sufferings by the earle of strafford , and la●ely suing for a regiment for his present subsistance ; having lost his estate , and had hereto●ore beene major generall in ireland ; he requested i might bee his leivtenant colonell ; after my arrivall here , and delivery of his letters , i sollicited for my dispatch , received a thousand pound for the reliefe of the fort , disburst it , according to the generalls instructions at bristoll ) in which i found both losse and trouble ; being unaccustomed to such imployments , yet i hasted , so that in seaven weekes i came and returned , wee having as yet no newes in the fort of the kings standard set up . my lord esmond ( in outward appearance ) seemed fierce against the rebells , yet his private correspondency with his sonne in rebellion and other rebells , ( his lady alwayes amon●st them ) breed no small suspition in us ; more especially when hee detained pap●sts at his ow●e table in the fort● all which i had compl●ined of at my being in england , and had he not promist me i● shold be remedyed ere my re●urn● : but finding all contrary to my expectation , and the papists stil remaining , though i oftentimes complained that by this intercourse with the rebels they gave them sp●cial notice of all our actions in the fort , which occasioned that we seldom or never undertooke any enterprise , but were betrayed in it , i informed him of his owne officers , which since had like to have betrayd the fort , ( as i was credibly informed ) which actions infinitely discouraged our officers and souldiers . not long after entred sir henry stradling , the vice admirall into our harbor , who advertised us first of the kings levyes , and exprest much uncivill l●nguage against the proceedings of the parliament at the governours table , perswading also the governour to take away the ordnance and quit the fort , telling him the parliament could not be able to relieve him . sir henry perceiving me to be averse to his inclination , he councelled the governour against me , and although he had pub●ikly professed he lov'd me , as his child , yet on the suddaine i found him quite contrary , in giving me uncivill language , and cavelling with me on the l●ast occasion , inciting both his owne and my souldiers to mutiny against mee● i endured al● his aff●onts with much patience , as captaine iourdaine , and captaine brooke can testifie , their shippes b●ing then in the harbour , and both of them now in the service of the parliament . after a while sir lewes kirke entred the harbour , having beene already ( as himselfe confest ) in most of the garisons or s●a ports , and amongst the reb●lls , to sound how commanders affections stood towards his majesty , he demanded of my l. for whom he held the fort , who answered for his majes●y who gave him his commissio●s . i r●quested the governour to detaine him as a spie , but could not prevaile , and he wrote to his majesty by sir lewes who returned with s●r henry stradling for england . these passages gave me occasion to advertise the gen● and the committee , and drew up articles which i sent by captaine brookes ; my lord having notice of it would not permit him to goe forth the harbour , untill by a wile hee got cleare which my governour perceiving , made a complai●t against me to the earle of ormond , hoping thereby to suppresse the articles i had sent hither against him , but hee after desiring me if i would recall mine , he would not prosecute his complaint of my di●obedi●nc● ( as he termed it ) for th●se proceedings . but knowing my selfe cleare from all aspe●sions or transgressions whatsoever , requested ( according to the tenor of ormonds letter ) i might be sent to dubline which he refused , untill such time as he heard that captaine brookes had not delive●ed my articles , by reason my lord of leicester was not in towne . after which he sent me to dubline , with an intention to have me detained , until he had made his complaint unto the committe●●here against me , by bunbery his soliciter , seizing on a●l my goods , not permitting me to take mine owne man with me to dubline , detayning likewise three monthes of my paye , pe●swading himselfe his power with my lord of ormond , could crush mee , when i came to dubline i found the officers so generally set against the honourable parliament that i expected no redresse , notwi●●standing my often petitioning my lord ormond , the councell bord , and martialls court , and all in vaine , for a tryall , having sp●nt six weekes time , without any hopes of a hearing , or expectation of justice . then i addressed my selfe to the parliaments committee mr. reynolls , and mr. goodwine , making knowne my grievances unto them , they being sensible of my oppressions , wisht me to repaire to the parliament , being i could not expect any reliefe there , i followd their advice , and comming to chester , i encountered with the earle of leicester , to whom i complained , and resigned my commission . his answer was that at present he could not right me , i then repaird to the committee of safety , and also to the committee for irish affaires , whereof mr. goodwine was chaire-man , but they having businesse of greater consequence in hand , i could not have redresse , although i fully acquainted them in what danger the fort stood through my lords disaffection to the parliament , so not only my owne desires , but my extreame wants , being nine monthes pay behind hand , besides two . hundred pounds disburst for the parliaments use in the reliefe of my souldiers with clothing and other provisions , all my other goods seized on , for all which to this houre , i have not received the least satisfaction . these with my present wants forst me to seeke imployment , notwithstanding this and the fort which i saved endured all this misery for , was disposed to sir arthur lo●tus , my sufferings no wayes thought on . the officers which since deserted my lord know these particulars for truth , which i shall sufficiently prove when it comes to questioning . his usage to captaine austen , made him in discontent , since to procure his company to be sent for into england , and are now against the parliament , ( whom i am sure were formerly all firme for them at my departure , as under their owne hands will appeare , and which i have to produce , together with their joynt petition to be delivered from his cruelty , which might have beene prevented , could i have beene but heard on my complaints . i shall be briefe in my relation of the lincolnshire imployment , having formerly printed a manifestation touching the injuries were there done unto me . the committee of safety were pleased to imploy me as mojor to the earle of lincolnes horse regiment , but at my arrivall at lincolne , i perceived the commitee were not pleased , that any officer should be put on them , but of their own choosing . this they shewed by the deniall of my order from the committee of the safety ; for my mounting mony , out of the proposition money then remaining in their hands , and they to raise my troope forthwith : but the earle of linco●ne knowing their drift being to put on him an o●●icer of their owne choosing , told them he would have none but my selfe , unlesse they shewed cause to the contrary , and that if they denyed me his major , he would leave them , so to please him , they accepted of me at the present , yet sir christopher wray told my lord ( to put him out of conceit ) that although i had done good service in ireland , yet since my feather had beene lately plu●kt out of my hat in westminster hall , but he enjoynd him not to tell me of it , the words were hardly spoken , but ●e came , and complementally embracing me , said , rather then they would part with me , i should have my owne desires , when the country refused maior generall ballards command , the committee were pleased to send their two regiments of horse , under my command , and all their dragoones to quarter as neare new●rke as i could to hinder their incursions . but i soone perceived the mutinie of the troopes for want of pay , the committees severall odde warrants , and the want of discipline in the commanders , made me rather desire to be commanded , then command such forces with these defects . and my good hap was , that the commit●ee for feare of any losse , on the miscariage of major griffins troope , ●e●c●ld all their forces backe to the city . i referre my cariage to the report of their commanders then under my charge , who confest they had not seene any forme of the least discipline in any commander formerly there , it chanced at our return there was a mutinie amongst the gari●on of foote souldiers for want of pay , insomuch they were laying downe their armes , and abandoning the cit● . the committee then requested me to accept of the government , which to pleasure them i did , and got in the tax , which they had imposed , yet knew not how to levy i● . i paid the garrison of foote their ar●e●res , and they neither did , nor can taxe me with the least misbehaviour , however they were pleasd to call in captaine hotham , i ●earing what disservice his disobedie●ce did in yorkshire , knowing he could never command well , that knew not how to obey , besides hearing from some of the committee that letters were intercepted of his going to the queene , or her● comming to him , which manifested his falcity . these with other affronts which i have received from some of the committee , gave me iust occasion to lay down my commission ( knowing by their first usage , they made but use of me to serve their owne turnes ) which i did the sooner , for that the earle of lincolne , whose regiment i first commanded , had on hothams comming ( for the reasons before mentioned , ) ●eft the committee , and retyred to his owne cas●le , they could not impute the least misbehaviour ere my departure , yet a while after i was gone , scandall swere raised on me , of which ●nowing my selfe no wayes guilty , set forth that manifesto , which this hononrable house of commons were pleased to referre to an expresse committee , sir hen. colmy being chaire man . i made good the contents , and did much presse sir henry to finish and make report to the house , which seeing , i could by no meanes effect , & that with wayting i had spent the monies my imployment yeelding mee in lincolnshir● , sir michael lucy at that time requesting me to be his major which i tooke as a favour , in friendship to deeme mee worthy of . but i soone found his disposition , to bee timerous and treacherous to his friend , which made mee more circumspect , then to enter into too much fami●iarity , yet observed that respect as was fit for me towards him . it was the generalls pleasure , at our first comming into the army , to command his whole regiment on service● wherein my selfe , and most part of the regiment perceiving a backwardnesse in sir michael , which gave the army an occasion to speake , and that indeed to the disparagement of the regiment . they reporting i would have fallen on , but tha● he would not give way . this newes was carryed also into kent , which whither it troubl●d him , or he suspected me , i know not , but i was so farre from accusing , that i excused him , laying the fault on the guide , though indeed my colonells fault . this the generall may testifie , but after this i found his neglect and slighting , yet i ever temporized ( though against my nature ) so that no publike discourtesies past , only once i told him , in the presence of captaine westrow and captaine kenr●ke , that i discovered his hollow● heartednesse , which made mee keepe the greater distance . i heard of his often repinings , yet can he never say , i ●ither neglected my duty or his command in the least , and it much troubled him . the generall commanded me on the passe at p●lbery● and it troubled him yet more when the deputy leivtenants commanded my troope home● and not his , which when i saw i offered to stay in his roome , for which he and capt. w●estrow used me so discourteously , that they wrote to have my troop put under sir richard ●reenfields regiment , which the deputy leivtenan●s rese●ted as an affront to me , themselves . to this purpose i have the answer of their letter , and i perceived he would take the advise of the younger captains , and not mine in the least , yet for all this and many discourteous carriages , i never complained to the deputy leivt●nants or any other . not long after , i was againe summoned with my troop to goe forth ; i being in a readinesse with 80. horse , and a months pay , which each rider brought in , at the instant of our march . my leivtenant being at the committee heard sir henry heyman say at the committee hee knew no reason why sir michaell l●cy should not have the disposall of the monies of my troope , ( so i should have beene his clerke ) this i conceived to entrench either on my honour or honesty , or both , which indust me to write a letter not naming any perticular person , but dated it to sir henry heyman . the contents were , i wonder any should put such a question , when as i was never taxed , nor did i feare any publique questioning me of the least misdemeanour ; i resented it so much , that i requested if they suspected mee , they should choose another major , for that i desired not to serve where my actions should breed the least suspition , and i perceived i was not likely to please all their pallates . but i expected some satisfactory an●wer for so unreasonable a question . i wrote indeed the sharper style , imagining the colonels intimacy with sir henry heyman , had put this plot on foote , to give me discontent , which since i have found to be true ; for i knew before the colonell endeavoured to shuf●●e mee out . this was the answer i received of my letter , that though any thing had beene spoken to my disadvantage , yet was it no mann●rs in me , to tax those who were my pay master● , and commanders , and if i liked not the imployment , i might leave it when i would . truely a man would conc●ive this to be no sufficient answer to quench my resolution or passion . i returned answer , i would hold it , but untill they could provide another , neverthelesse advanst to kingstone by their order , and repaird to the gen : ●or his order , ( expecting some present designe ) who forthwith gave it to m●tch with 3. troops to okingham , & receive there further order from sir w. bal●f●rd , i dispatched my quarter master forthwith , and willed him to shew the generalls order to my colonell if he were at kingstone ; the colonell told him i had nothing to doe with the regiment . now the deputy leivtenants had sent my col. and captain s●inner , to know if my resolution were still the same . but by my colonells answer to my quarter-master , he himselfe taken contrary to their order , the autho●ity to cashier me ; and for feare i should repent of my ●ormer resolution , had by his own and some other officers invited the officers and souldiers ( on his request ) to v●te me out , a● his troop did at his own lodging . i tooke no notice to hinder the pre●ent mutiny , but charged my tr●ope to be quie● , whilst i repaird to my generall th●n at moor●on , and info●med him of all passages , withall demanding ju●●ice : but i found him not willing to b●e●ke of● with sir michael l●vesy , ( for which hee had a good requi●all afterward ) but put me to goe to the deputy leivtenants of kent . hereupon i delivered up my commission and went to the deputy leivtenants , who g●ve me this slight answer , it was my jelousie only , notwithstanding i offer●d proofe ? and ●●eing my complaint thus refuted , i resolved to right my selfe , and presented my selfe as a voluntier to sir william waller , with 6. hor●●s and foure men in a●mes , on mine owne charge . and as soone as i understood where sir mich●●ll l●●y was , i sent a letter of that natu●e , that i knew it must needs vex h●● , if hee had the least spirit in him , but perceiving him nothing mov'd at it , least hee should smother it , i sent a copy of it to them at knowle , to let them know i resented it so farre as that i had ques●iou●d him . after this i sent him another letter , the latter end thereof was a challenge , wherein hee had that liberty to choo●e his champion , if hee durst not fight himselfe , and i would make good what i writ him by du●ll , a councell of warre , or before the parliament . but the onely course he took was by complaint to the deputy leiutenants at knowle ; whom he knew could no wayes question m●e , i having quite cleard my selfe from them , yet it seemed hee had got a party before hand , as is cleare in the sequell of their proceedings . i hearing of his complaint went voluntarily downe to let my countrymen see , that not the least action past from me , which i durst not justifie , or referre my selfe to them ; but i found , ere i began almost to utter my selfe , a party of his friends , and onely those whom were his former professed friends , to fall on mee in that bitter language , as telling mee i wan●ed manners , i was insolent , and sho●ld be clapt by the heeles , and all for nothing but denying to refer●● my selfe to them , who had not the patience to containe themselves untill i had put it to them . my resolution being ●ixt so to doe at first comming , but i returned too much unsatisfied , with that language that i wrote a letter to major sidasku , in which i mentiond such language as i received from them , retorting the same on themselves , sir michaell lucy getting the letter , ( though he durst not shew his owne ) yet sent this to henry heyman , who ( was pleased by an order from the committee to get me committed to ely house ) without hearing the g●ound , in my owne defenc● . the depu●ie lieutenants in the intrim preferd these articles against me , or at least they were preferd in their names , which were never seene or knowne to the major part of them . i thought necessary to insert them here with my answer . 1. that what in me lay , i endeavoured to provoke the colonell to a du●ll , endangering thereby a muteny in the army , and in the disturbance of the vnion and peace of the county . to this i answear● . that though all such actions as appertaine to honour or martiall discipline , ought to be tryd by a councell of warre , more especially this acted abroad , and in all warres o● chri●stendome , a commander may challenge ( and that iustly ) that priviledg ( though not granted me hereupon my earnest request , yet doubt i not but my answere will give good satisfaction to the honourable house of commons , as for any fact concerning honour ( justice being delayed or denyed ) gives a commander liberty to right himselfe . i fi●st repaird to my generall , and made my complaint to him , next to the deputy leiutenants as i have formerly related . then they forct on me this way for my vindication , yet it cold no way●s en●anger mutiny in the army , i bearing no command therein , nor disturbance in the county , the quarrell there not being begun , prosecuted nor ended in the same county . i shall willingly submit to any punishment , if it shall appeare i endeavoured to raise any party , either in the army or county , to the nourishing of this quarrel . 2. the second article was , that i had sent letters of factious nature to the committee in sussex , as their conceite was , to engage a party here in my private quarell , to the hazard , and division of the two associate counties . to this i answere . though conceit be no true ground for an accusation , ( they in kent not having any reason to accus● me , when those in sussex to whom the letter was written , were no wayes sencible , nor ever taxt me for the same . besides to accuse me when some of them annimated me to vind●cate my sel●e was not faire . but to the contents of the article . i being commanded by the generall to guard a maine passe , commanding most of the country that was to furnish the army , with provi●ions and workmen . the generalls severall orders commanding me to send severall horse parties abroad for provisions , which was the provant masters duty , yet in obedience to his commands i executed his warrants , also to take horses , all which said warrants are produceable . this cannot 〈◊〉 be conceived , but to be a painfull and thanklesse office . notwithstanding it shewd in mean endeavour to negl●ct no meanes or opport●nity for the publicke good● for which the malignants were pleased to lay the title of a plunderer on me , whi●h soone flew to knowle in kent , and was there increast and nourisht , by my adversaries , so that this ●owle aspersio● being cast on m● , i could not but in honour vindicate my selfe , which was by giving no●ice to all the committees , that before , i went out of their coun●ry , if they could fix any unjust action on me , i would make satisfaction . i shewed them the generall severall warrants , and particular in bellingshurst at a grand meeting in the face of the whole country , i delivered my selfe to them , as formerly demanding no favour , i remained there a month after , and certified the committee , whose answer is extant , viz , that they never knew or heard of any complaint as then . however hearing the scandall still to continue after my departure , ( and divulg● by some of them ) of the committee i sent them a letter in my owne vindication , which is termed factious . i thought good to insert her● the contents of a letter from my generall sent me there , which was that of all the officers under his command , not on● applyd himselfe more seriously to the parliaments service , then my sel●e , he not doubting but in the issue i should reape the honour , but i am sure i am not now in the way to it , my gen●rall heard as bad a report ( untill he saw my act●ons ) and that by some of my lincolnshire back-friends , i thank them . and after he acknowledged they did me injury . for the close of the article i end as with the first . touching the last art●cle , it was but my opinion , and that not only mine , but mr. franklines and mr. iames , two of the deputy lieutenants , heard ( men of better quality then my selfe ) confest mine to be true in westminster hall , and whether it be well in them , to tax me for a relation their owne curiosities desired of me at my returne , iudge . when i exprest it , i protest i neither knew , saw , nor heard , of any order for thanksgiving , nor could i divert any , staying but a day in kent , and that with themselves at knowle . but upon my second going to knowle , i confesse captaine blunt to affront me , telling of the ordnance : my answer to him was , what i said i could justifie , though not in contempt of any ordinance . and if any can prove , that in the least manner , either in word or action i ever strove to divert any , or that i have done the least thing prejuditiall to the state ; i desire no favour but the extreamest of their rigour . i trust these answers will prove satisfactory till any object the contrary . i shall give now the grounds how these articles were drawne against me . it was for that i denyed to submit to the deputy lieutenants censure , as was reason for these causes . 1. in that they denyed me right on my former complaints . 2. that the other partie discovered themselves more then indifferent . 3. that they professed themselves partyes , my accusers therefore not fit to be my iudges , and it was more for their owne privat revenge then the publike good that they preferd them . my reason is , because they had the two former articles in their knowledge and custody two monethes , and they tooke my accounts and paid my arreares , yet questioned not me in the least , which if they had conceived them any way prejuditiall to themselves , they had then iust reason to detaine my pay , untill i had given dew satisfaction . if they were preiuditiall to the state , how can they answere the covenant which binds them immediatly to discover any thing preiuditiall to the state . as they pretend these to be preiuditiall to the p●rliament , why did they not charge me before this difference , nay i am confident they had never taxed me , but for the difference , nor can they nor any of them deny this . all this while i suffered imprisonment , though i offered any submission or satisfaction for that letter which their owne uncivill language urgd me to . the committee of examinations would not release me untill i had brought a certificat from the deputie lieutenants , neither would the deputie lieutenants grant me that unlesse i would referre sir michaell lucy●s businesse to them which was an unreasonable demand of them being they professed themselves parties in the afront i did him , and besides the matter i accused him of , were crimes against the state , which they were not to iudge without order , yet thus much for all their language i offered to referre all to them , if they would promise me reparation if one just proofes they found i had beene iniured by mas●●r michaell lucy , but in lieu thereof they answered , i should not capitulate with them , so that i did ac●knowledge both by word of mouth , and often times by writing , that i was sory for any iniury they could conceive i had done them , but neither would they t●ke this , nor propose any other i should give them . now i openly accus'd sir michaell levecy for a coward , an abuser of his county , and a mutiner , this was not for them to heare or iudge of , but the parliament or councell of warre . thus his friends below used me , whilest his friends above us'd me no better , ●or i could not know these articles were prefer'd against me , or referd to any committee , in five or six moneths , so that by this meanes , i could not cleare my selfe , nor get my selfe discharged from the committee of examinations , ●ay although , sir william waller offered me imployment , and past his honour to mr. corbet for me , that i should not meddle any further with sir michaell levesy or doe no dishonourable act against the parliament , all which shewed his confidence in me neither wou●d i have proceeded ( had his word beene taken ) 〈…〉 but in leiu of this the committee we●e pleased to offer ●e to goe beyond seas on condition i should not returne without the parliaments consent and that in the inte●im i should not goe into kent , but that i should keepe the peace . i had no reason to accept of this banishment b●ing p●oved no delinquent or ever did the least action against the par●iament , i said first i desired to repaire my selfe of the injuries i had ●eceived , and to goe honourably , on which answer they confind me within the line of communication , binding me to keepe the peace . a while after , i was summoned to appeare before the committee at queenes court , to answer to the former articles , ( which some of the other committee knew of be●ore ) yet would never give me notice . i de●●ered them to set me a day of answering , and that as speedily as might be , for that with the continuall great wayting , i was already undon● and could not any longer subsist . they appointed me many dayes , but would ●ot receive my answer , which seeing , i requested i might deliver it in writing , being i saw others enjoy the same priviledge after long wayting that was a so denied me , but in the end they were pleased ●o heare me , then sir henry h●yman askt me severall questions ( on purpose to put me out in my answer ) and produc'd there the letter , for which i was committed and detained prisoner by the committee of examinations . and when i offerd to make good my letter against s●eve●y , he would not permit me that liberty untill the major part granted it . he would have had me to aknowledge , my selfe faulty , in what i knew , i ●ad suff●cient proofe to justifie ; a day was then appointed to give in my witnesses , but master tate sate not with the committee , and they would not receive them unlesse he were present but wild me to give them to him which accordingly i did● but finding my se●fe thus still delaid undone , and deluded by this attendance , told them they would enforce me to take some ●●her course , as by posting or printing . all this trouble , imprisonment , losse of imployment , wasting my fortune gave me noe small reason but to be justly discontented . sir h●nry vane and sir william w●ller , can both witnesse , i often times desir●●●●pl●yment , but finding my adversary supported , and selfe disp●sed i be●eeve it shall be proved i have done more for the state then he besides t●e irish businesse , i have once served with foure horses voluntarily , at another time with six , i have given on the publike faith , ten pounds at another time , sixteene pounds , and a horse to the service freely , and have no estate at all● whereas hee hath been well paid , redeem'd his morgag'd estate having had infinite store of horses , and he hath not beene mustered , but hath had his own accounts for a long time . for my part i am 300l . worse in fortune since i undertook imployment . to conclude , the reason of my last action , was not for any private revenge of mine , which i have already had , but hearing him chosen by that committee , who knew i accused him so highly , and offered to justifie it on my life , with evident proofe , and he being no wayes calld , neither offering to appeare himselfe , in his owne vindication . i knowing how much this might redound to the publike prejudice , and being ty'd by covenant to reveale any thing prejudiciall , and to further what in mee lay to bring to condigne punishment , having formerly as you heard declared it to the three severall committees and openly for so many moneths in all places , to so many perticular members , and yet hee never cal'd to his tryall , but i contrary still suffering . besides some of the members can witnesse i have had these articles following , or most of them eight moneths , and were told by them● that to present them to the house , were recrimination before mine were cleared , and having heretofore as at this time diverse petitions in the house of commons unheard ; i thought the speediest course to give them notice was , by posting him , in wch action i protest my selfe innocent in any intention to give the least distaste to the honourable house of commons● who however were pleased to commit me . and sent me to the committee of examinations to have it heard , but they without hearing me , past their censure , viz. that it was a false and scandalous libell , notwithstanding a● before , i alwayes referred my selfe to proofe , yet sent me to new-gate there to remaine untill i should give sir michaell levesy satisfaction ; least the world might iudge this was done by mee out of malice , to cleare which , i challenged him● told him i would cudgell him , and publisht it , which s●tisfied me , for my private aff●onts i received by him . and since i suffer for accusing , and my accusation not heard● nor my witnesses accepted , i leave to the world to judge the measure i have received . and ● hope this will satisfie all men , i am not the least sufferer , for the publike , but the greatest for this perticular . were this proved an offence , yet i deserve not this rigour as i suppose , for a slander . and la●tly , whereas it is an argument of sir h●●ry h●ymans , that my father hath declind me , my selfe and diverse of the committee hath heard him expres●e , he took a vow when he left the court , that if any child of his fell under his majesties or parliaments power , he would never bee beholding to them for fa●our , nor begge it of them ; truely i intend not that hee should breake his vow for me , besides it would argue my gui●tin●s , to seeke for friends in a just cause . a●● i begge is , but the libe●ty of a subject iustice , to be heard and a tryall ; where if it can bee proved that i have done sir michaell levesy the least injury , i shall willingly submit to any punishment . more besides 10. moneths imprisonment , the expence of 500l . the losse of imployment● the severall disgraces , if he conceive himselfe cleare , why doth he not desire i should bring my proofes for what i accuse h●m . then will it appeare suddenly , whether i have done him injury , or hee the state . these following are the articles i both have , doe , and will accuse him of , and will with my life and honour maintaine . 1. hee shewed much ●●wardnesse in the service at sutton i● h●●sh●●e . 2. he converted the monies sent to pay his regim●nt , ●o his owne use con●rary to ord●r by this prejudicing the state . 3. he rais●d a muti●y against mee● sending his officers and s●uldiers to vote me but , when i had received the generalls speciall order to ma●ch on a present designe for t●e publ●ke good . 4. hee behaved himselfe cowardly , and very dishonourably , at the battaile neare als●ord . 5. hee sold and imb●seld diverse horses tooke for the service , favouring papists , in restoring backe theirs privately , and commanding his officers not to meddle with an● other papists horse . 6. he either counterfeited the generalls warrant or sent his owne without order , and tooke ma●y h●rses in sussex , the county charging mee with it . 7. that hee tooke free quarter there , forcing his whole regiment to doe the like , because hee detained their monies , this was like to breed a mutiny in the ●rmy . that our regiment should have the best quarters , and pay , which the rest of the army ●ad not . 8. hee seizd and detained master mynshall close prisoner for a former debt of his owne , contrary to martiall or other law . 9. he sent cattell home to his dwelling in shepway , his men forcing free quarter , through their owne county . 10. that he behaved himselfe dishonourably at croperedge-bridge . 11. that he had pay of the country for his quarter-master , nine shillings per diem , yet permitted him to stay at home , forcing his corporalls to doe the duty . 12. that he hath beene the breeder , fomenter , and nourisher of the diff●rence betweene the deputy leivtenants of kent , and sir william waller , which have beene very prejudiciall to the publike . 13. that hee hath diverse times beene disobedient , refusing his command . 14. that hee received diverse orders from the deputy leiutenants , contrary to my lord generalls orders , which if not remedyed will bee distructive to all martiall discipline , and will breed continuall mutinies in the armies . 15. that he laboured to entice my old leivtenant to complaine against me . 16. that in a most unworthy manner hee would have murthered captaine may , either because he had beene the gen : witness● to the articles hee had against him , or because hee knew he was my witnesse to most of these articles against him . 17. hee reported hee had lent sir henry heyman two hundred pounds without bill or bond , saying , hee well deserved it for the many good offices he did him . by these relations , it may be perceived both whom , and of what power my adversaries are i never yet sought the favour otherwise of any friends , then for a legall tryall , which neither by their or my owne endeavours , i could ever yet attaine to ; nor have the priviledge of a commander to be referred to a councell of warre , yet i did imagine the generalls orders were made to try all commanders ; who as a councell of warre is the severest , so the speediest court of judicature & so far to the benefit of a commander , that they shall be kept like rogues to starve in prison , if they●l not crouch to their adversaries , or at least to some in authority but such base eccophancy should not suit with a souldiours spirit , for my part as i yet ne●er sued for favour , & shold i doe any unlawfull act i shold rather suffer punishment then beg favour ; and as hitherto , i have never done that which i dare not publikly answer in the severest court , if i may have a faire tryall and not in a privat manner my adversaries to incence the honourable house of committees against me , as they hitherto have ever done , so i would not be thought so meane a spirit to be quaild with powe● , my actions being justificable my resolution is rather like bajazet to dash my b●aines out against this iron cage i am now cooped up in , rather then submit to arbritrary power or censure , by this meanes to encleare my selfe that i posted sir michael levicy a coward an abuser of his country , a mutiner , and such a one as nought but power could shroud from punishment ; example , sir william wallers accusation , which being the same as mine , yet could not bring him to justice , yet this no wise daunted me from prosecuting what i had long before accus'd him of , especially when i was bound to it by covenant , the articles may make it sufficiently evident , it concerned the publike not my privat interest , yet i both have and doe with forfeit of my life offer to make them good , so that i am made the president of power only , and i have dearely bought by experience , the effect of taking the covenant , to conclude i shall defie any that can disprove the ●ea●t of these passages , and if some finde themselves touched with them , in discovery of their malice or partiality , they must give so great a looser as my selfe ( both of fortun liberty ) leave to tell the truth , this i hope will satisfie the honourable house of commons , who i hope after such heavy oppressions will cause me to be heard & relieve me , and though i was not the least guilty of any offence yet least my adversaries should take advantage to possesse any that my obstinacy keepe me now in prison these petitions i have sent both to the honourable house of commons and the committee of examinations shall convince any of such conceipts , but i immagine the important affaires of the house of commons would not permit my petition to be read or answerd , yet at my necessities and suffering so infinit that they may sufficiently excuse me for publishing this declaration , i am certaine the committee of examinations might both have heard me & redressed me , but though i sent the chiefe of them word i was ready to starve , that deafnes to my complaints forced from me , my vindication in this manner , i thought good to publish these several petitions sent both to the honourable house of commons and the committee of examinations , with a letter sent to master corbet , which will excuse me both from any manner of insolency or obstinacy , which my adversaries strive to possesse others who are indifferent to cover their owne inju●tice and malice . this petition following sent both to the honourable house and the committee of examinations . humbly sheweth that for posting of sir michaell levesy , your petitioner is now committed to newgate , he is very ●ory any action in this particular ; should give any d●sta●t to the honourable house of commons . may it therefore please them to grant your petitioner his release , hee having already suffered tenne moneths restraint with losse of imployment for the premises , your petitioner not doubting but as formerly hee shall render himselfe capable to serve the state . an other petition sent as the former . humbly sheweth that whereas your petitioner ( as by covenant bound● hath assayed all lawfull meanes to bring to tryall sir michall levesy for th●se haynous crims against the state committed by him your petitioner many petitions neither being heard or redressed forced him to post up the severall crimes against him , to give this honourable house the speedier notice but not with any intent or desire to incence them against yo●r petition●r as he perceiveth they are●y his commitment to newgat , for which he is sorry and craveth pardon for his offence . may it therefore please this honourable house to grant your petitioner , his enlargement , he having already suffered ten moneths imprisonment , losse of imployment , and other disgraces for the premises he also humbly praying that his accusation hereto anexed , may be heard and your petitioner redressed , that he as formerly may render himselfe serviceable to the s●at● . another petition . humbly sheweth , that he is sory he hath given any offence to the honourable ho●se● or this committee for this last manner of proceeding in posting of sir michaell levesy for which they have pleased to commit him to newgate● may it therefore pleas them to grant your petitioner his release he having lost his imployment with the expence of five hundred pounds and tenne monethes imprisonment for the premises , and that your petitioner be cald to make good his accusation against sir levecy , or if this committee please , otherwise to grant your petitioner his passe to go beyond , seas . the last petition humbly sheweth your petitioner is not more a●flicted for this his restraint , or the place , then your displeasures . therefore ●rayeth that in these times of action , wherein he may endeavour to ser●● his country , he may be released● his imprisonment , being his ruine as● a souldier● the place a disgrace ●o his birth and honour . these petitions with the articles i have these te●ne moneth● accused him of , were by me sent to master speaker , master glym , master whitaker , master co●b●t , sir a●thony erby , and sir william waller , i have in all freely in way of submission to them acknowldeged a sorrow , though as i hope for mercy , i am not any wayes guilty , and since these have been rejected , i shall never acknowledge the like againe , though i perish , nor should i accept my enlargement unlesse i might have a tryall , i shall submit to all the lawes of this kingdome , either marshiall or other , but protest against any arbitrary power ; as to be censured and punishd , and can in no court of justice be heard , though i the accuser , this to give that freedome away ( for which i have so long fought for ) and willingly submit to the yoke of slavery which i shall never doe . the coppie of a letter sent master co●bet . noble sir , i bese●ch you informe the committee that i must starve if they keep ●e in new-gate , were my fact a scandall , and fals● ( as you have already censured , denying my answer or proofe ; i have already sufficiently suffered ; besides what satisfaction can he have more than this you censure , or my sufferings ; with which i must be content because compelled to it● but sir● i have not wherewithall to subsist , and must starve , for you have already made me spend all to my very cloathes 〈◊〉 my backe , and th●s●●●t poore and if this cannot satisfie believe it these remorselesse actions neither are , can , or shall be kept from the worlds publike vi●● , therefore i bese●ch you i may not be tempted abov● my strength , and if all these disgraces the committee hath put on me will not satisfie , let them take my life , but were i to perish this next houre , i shall never acknowledge against my conscience and 〈◊〉 , wh●● with the forfeit of my life , i have so ●●ng offer● by all mea●●s to j●stif●●●sir , i shall ●ither give the honourable h●use , or the committee s●●isfaction for any offence they shall conceive done them , but let me not starv●● a●d perish , perpetually when sir le●e●y hath the least satisfaction otherwise th●n hee already hath unlesse i ●ee legally convinced by any court of judi●●●●●●●ach b●●●g brought to tryall . my cens●re of the committee was as followes , i being sent by the honourable house to bee heard by them . that the sence of them was that it was a 〈◊〉 scandalous libill , that i should be committed to new-gate , there to lye till i gave him satisfaction , if ever there were such a censure passed either in the star-chamber or high commission court for such a fact , and when i offerd my life for justification , they may as well take my life on any complaint withou● a tryall , using mee thus on mine , and it being for the pub●ike ; for i here protest this action was not in the least wise for mine owne private revenge , but for the publike ; in the discharge of my covenant i am sorry my lo● hath fallen out to bee 〈◊〉 ●●warded to be comm●tted with so stric● a warrant , that the worst malefactor can have more liberty the keeper ackno●ledging he hath a● no time had a wa●rant of that strict nature , and when i sued to be removed to ely-house , i had a warrant sent to goe to winchester-h●use , worse , if worse could be then new-ga●● i●ave here p●blished my generalls disc●arge , though sir heyman be●ore t●e committee at queenes cou●t layd an imputation on that to , then may it bee gathered whether he prosecute me for his privace grudge or for the publike good . my gene●a●ls d●scharge . this is to certifie that no offic●r under my command , did with more seriousnesse and diligence apply himselfe faithfully to the service of king and p●rlia●ent●●hen col● anthony welden , then major of the ke●tis● ho●se , he ●ehav●d himselfe civilly also forwards , on all commands , as a● experienced commander , i being sorry any difference betweene him and sir michael levecy should give h●● occasion to quit his command , which i desired so much hee would continue for the adva●cement of the publike servic● , approving his ability every 〈◊〉 f●● to do the● service given under my hand and sea●e the 16th . of august . the contents of this sir henry heyman hath himselfe here● sir william ●ay at arundell● and saw lette●● of the generalls to that effect ; his inv●●●rain●sse in persuing and hindering my release gave me just reason to tell him ( he wa● both unjust and ●●●●iall ) before all the dep●ty lieutenants of k●nt , who answered i should petition the house but i could not fi●d mea●●s to have any delivered ther●fore i hope this honourable house be please● to releive me , for i shall make it appeare his parsecution of ●e hath solely ●nd o● my 〈◊〉 and ruined me & if the honourable ho●se shall find me ●anity in any thing i shal 〈◊〉 to their further se●sure● or that i shall faile in the making good this declaration● or any p●rt the●eof , and i shall 〈◊〉 as i am in dutie bound ever pray for their happy successe 〈◊〉 doub●ing but their iustice to in●ocence 〈◊〉 gi●● 〈◊〉 speedy redresse . finis . an essay concerning the laws of nations, and the rights of soveraigns with an account of what was said at the council-board by the civilians upon the question, whether their majesties subjects taken at sea acting by the late king's commission, might not be looked on as pirates? : with reflections upon the arguments of sir t.p. and dr. ol / by mat. tindall ... tindal, matthew, 1653?-1733. 1694 approx. 64 kb of xml-encoded text transcribed from 19 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-10 (eebo-tcp phase 1). a62673 wing t1300 estc r4575 11957676 ocm 11957676 51551 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early 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(eebo-tcp ; phase 1, no. a62673) transcribed from: (early english books online ; image set 51551) images scanned from microfilm: (early english books, 1641-1700 ; 518:8) an essay concerning the laws of nations, and the rights of soveraigns with an account of what was said at the council-board by the civilians upon the question, whether their majesties subjects taken at sea acting by the late king's commission, might not be looked on as pirates? : with reflections upon the arguments of sir t.p. and dr. ol / by mat. tindall ... tindal, matthew, 1653?-1733. [2], 34 p. printed for richard baldwin ..., london : 1694. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -royal navy. great britain -politics and government -1689-1702. 2004-11 tcp assigned for keying and markup 2004-12 spi global keyed and coded from proquest page images 2005-01 andrew kuster sampled and proofread 2005-01 andrew kuster text and markup reviewed and edited 2005-04 pfs batch review (qc) and xml conversion an essay concerning the laws of nations , and the rights of soveraigns . with an account of what was said at the council-board by the civilians upon the question , whether their majesties subjects taken at sea acting by the late king's commission , might not be looked on as pirates ? with reflections upon the arguments of sir t. p. and dr. ol. by mat. tindall , doctor of laws . london , printed for richard baldwin near the oxford-arms in warwick-lane , 1694. an essay concerning the laws of nations , and the rights of soveraigns . the malice of the jacobites is so restless , that it omits no opportunity to raise stories , though never so false and improbable ; scruples at no means , tho never so base and dishonourable , to reflect upon and expose the government . what have they not said against it , for designing to try as pirates those who accepted commissions from the late king , to take the ships and goods of their majesties liege subjects ? so strangely afraid are they , that people should be discouraged from disturbing the trade and commerce of the nation . and to make what they report the more colourable , and the injustice of trying them ( contrary , as they say , to the known laws of nations ) apparent , they have every where dispersed false accounts of what was said by those civilians , who , when consulted by the privy council upon this question , whether their majesties subjects taken at sea , acting by the late king's commission , might not be looked on as pirates ? were of opinion , that by the laws of nations they ought to be so . whose reasons ( besides all the dirt imaginable that they have thrown on their persons ) they have so represented , by altering , or leaving out what was most material , as to make them appear ridiculous . the duty i owe to the publick , since no better pen has attempted it , will oblige me to give an impartial account of the whole proceeding ; which will be sufficient to wipe off all the lies and calumnies they have dispersed , and to perswade all impartial persons , that those who were taken acting by the late king's commission at sea , ought by the law of nations to be condemn'd as pirates . but that the reader may better apprehend and judge of the reasons that were urged on both sides , and of the question it self ; it will be necessary to shew , what the law● of nations are , and how far kings and other supream governours are concerned in them . the laws of nations are certain rules and customs observed by nations in their entercourse with one another ; which upon the account of their evident and common profit , as they are necessary for their maintaining a mutual correspondence , have been constantly practised by them , and are esteemed as sacred . they are built upon no other foundation than the general good of societies , to which a mutual correspondence , that could not be upheld but by observing these rules , is highly necessary . the several legislative powers of nations never enacted such laws ; nor have all other nations authority to oblige any sovereign independent state , which can no otherwise be bound to observe these rules , but as they tend to the mutual good of societies . so that the law of nations and nature , is in effect the same . the law of nature ( i mean that part of it which concerns the duty of man to man ) is nothing else but that mutual aid and assistance , which by reason of their common necessities one man owes to another , without the observance of which mankind could not well subsist . which law , as it respects the duty of single persons to one another , is call'd the law of nature ; but as it respects men collectively as they are bodies politick , and the relation they have to one another as such , is called the law of nations ; who in respect of one another are in the state of nature , and in their mutual correspondence , are bound by no other laws but those of nature . though it is generally affirmed by authors , that there are many things which are meerly positive , and in themselves indifferent , that are part of the law of nations ; yet they no way endeavour to prove it , or pretend to show how long any thing must be practised , or among how many nations , to make it an universal standing law to all nations . in a civil society , customs grow into laws , because it is the will of the supream powers they should . customs are their presumed or unwritten will , which they by their express will may alter as they please . but amongst different nations , there is no common legislative power ; but every nation is at liberty to act as it pleases . nor can any nation be presumed to tie it self up further than their own , or the common good of societies do require it : nor can they by any customs , though of never so long continuance , if they are in their nature indifferent , be any longer bound than they please ; provided they publickly declare , that as they intend not to use them any longer themselves , so they leave others the same liberty . a nation , it is true , ought not lightly to change what they have generally practised , it looks like affecting singularity , and being as it were out of the fashion ; but if they do , they break no law. but i dare be positive , that there is no custom , except what is obligatory by the law of nature , that is universally received ; but in different parts of the world different customs have obtained , and even among the same nations at different times different practices , which are frequently changed , without any violation of the law of nature : and there is nothing meerly positive , but where precedents may be brought on both sides , which sheweth the thing may , or may not be done , without injury to the law of nations . among the heads of the positive law of nations , that concerning ambassadors is reckoned one of the chiefest ; yet what is more different than the customs of nations , or the opinions of learned men about those rights that belong to ambassadors , further than they are deducible from the law of nature ? by which law the persons of ambassadors ought to be inviolable , even when sent to enemies ; because peace could not be made , or preserved , or differences composed , which the law of nature requireth should be done , except those that are sent on such errands , should not only be safe , but also be permitted to treat with freedom , and procure as advantageous terms as they can , for the interest of the nation that imployeth them : what is more than this , or is not necessary for the ends they are sent , any prince may refuse it them , provided he be willing his ambassadors should be treated after the same manner ; and not only to ambassadors of soveraign princes , but to any that are sent by private persons , ( as by merchants upon the account of trade ) if princes will admit them to treat , they must allow them what is necessary in order to it . and further than this , nothing of certainty can be drawn from the practice of nations . nay grotius , who is the great asserter of the positive law of nations , in his chapter de legationum jure , saith , that even this question , whether the persons of ambassadors are inviolable ? cannot be determined by the practice of nations ; de non violandis legatis difficilior est quaestio & variè & a claris hujus seculi ingeniis jactata , &c. and at last concludes , spectandum ergo quousque gentes consenserint , quod ex solis exemplis evinci non potest , extant satis multa in partem utramque recurrendum igitur tum ad sapientum judicia tum ad conjecturas . where nations have neither expresly declared , nor are there examples enough whereon to found their tacit consent , there can be no obligation from the practice of nations , but from the matter it self , as it is conducive to the good of societies ; upon which alone the judgment of wise men , as well as all other conjectures , must be founded . what looks more like the positive law of nations , than that general custom of princes having persons of publick characters perpetually resident in one anothers kingdoms ? yet grotius saith in the foregoing § . optimo autem jure possunt rejici quae nunc in usu sunt legationes assiduae , quibus quam non sit opus docet mos antiquus cui illae ignotae . to give but one instance more , and that too out of grotius , who does not pretend to prove any thing from the voluntary law of nations concerning this most comprehensive question . quantum in bello liceat , but has wholly recourse to the law of nature ; lib. 3. chap. 1. quantum in bello liceat regulae generales ex jure naturae . and § . 5. quid liceat in eos qui hostes non sunt aut dici nolunt , sed hostibus res aliquas subministrant ? nam & olim & nuper acritèr de ea re certatum scimus , alii belli rigorem alii commerciorum libertatem defenderint , &c. and adds , hanc autem quaestionem ad jus naturae ideo retulimus , quia ex historiis nihil comperire potuimus eâ de re jure voluntario gentium esse constitutum . if in these material points , which constitute so great a part of the law of nations , nothing that is meerly positive can be deduced from the tacit consent of nations , it is very unlikely that any thing of that nature can be proved in points of less importance . from each of which points , examples , had it been necessary , might as easily have been produced ? nothing can more diminish from the sacredness of the law of nations , than to allow it no other foundation than the practice of the generality of soveraigns ; who , like other men , are governed by passion , interest , ambition , revenge , and the like ; and who are so far from minding the general good of mankind , that they very often sacrifice the happiness and prosperity of their own nation to these passions . how many things are now looked on as lawful in war , and daily practised , which are against all humanity as well as christianity ; which in former ages were by several nations esteemed a violation of the laws of nations ? there is no subject , about which there are more mistakes , or which is more confusedly handled by authors , than this of the law of nations ; they referring many things to that law , which are no part of it : even grotius himself , who has writ the most accurately on this subject , besides other lesser errors , has a whole chapter de jure sepulturae , as a part of the voluntary law of nations . the burying of the dead is , i confess , an office of humanity , and a matter of decency ; but i can see no reason why it should be reckoned as a part of the voluntary law of nations , more than wearing of clothes , or twenty other things mankind generally do , either out of necessity , or conveniency , or for other reasons than the voluntary law of nations , or upon the account of any tacit agreement between them . several err more grosly , mistaking those privileges which the roman law allowed to foreigners in common with their citizens , for the law of nations , only because the romans call'd them jus gentium , to distinguish them from those particular privileges or advantages the citizens had above them , which they called jus civile : what they called the jus gentium , was as much a part of the law of that nation , as the jus civile ; which no other nation was obliged to observe , but might allow more or less privileges to foreigners or citizens as they thought fit . others ( which mistake is most common ) call that the law of nations , which is the law of nature properly so termed , and relates to particular persons , with respect to one another ; or else they mistake the laws of different c●untries , when they happen to be the same , for a part of the law of nations ; which though they be the same in several nations , yet they have not their force and authority from any tacit compact , but because the supream powers in each society have made them laws , which any one of them may alter without any violation of the laws of nations ; because every nation is a compleat body-politick within it self , and may make what laws , appoint what government or governors , and manage their own affairs within themselves as they think fit . the laws of nations relate to their mutual commerce and correspondence , which cannot be maintained but by having recourse to those who have the power of making peace and war , and all other contracts for the nations they represent ; whose acts are the acts of the whole bodies , and bind the members as much as if each particular person had consented . it is upon the account of the power of making these contracts , that the governors of each society are allowed above all others certain prerogatives by other nations , over whom they have no authority , who are no otherwise or further concerned with them , but as they have the power of making contracts for the nations they rule . as it is for their own interest that private men make bargains with one another , so ( as i have observed in another essay concerning obedience , &c. ) the correspondence that one nation holds with another is for their own good ; and in their commerce with one another , they look no further than who those persons are that have the power of obliging the nation they have occasion to make use of . it is not material to them what right they have to this power ; it is sufficient that the nation then owns them , and have entrusted them with it . it would be an endless , as well as a useless task , for ambassadors before their admission to prove the just rights their masters have to those powers they are possessed of : and other princes may well be ignorant of what does not concern them ; who , if they have occasion to treat with any other nation , must apply themselves to those ( whatever right they have to it ) that are in possession of the government . would it not be ridiculous in the english , or any nation , who propose any advantage to themselves by it , to refuse to treat with the present emperor of the turks , and to allow him those rights that belong to soveraign princes , because his deposed brother may have a better title ? did not the most considerable nations of europe court the friendship of cromwell ; and the french king to obtain it , oblige the two late kings , then in his country , to retire from it , without being condemned by others , or even by them ? and did not all nations with whom the late protector had any concern , allow him both in matters of peace and war , all those rights that belong to sovereign princes . no prince is obliged to hold correspondence , but may refuse to send or receive ambassadors ; as all protestant princes deny to hold any correspondence with the pope , though he is a sovereign prince : yet if one nation has any concern with another , they must allow the same rights and privileges to the actual governor of that nation , as they expect should be payed to their own . and if a nation be divided , by a part of them withdrawing their obedience from the rightful prince , not only other soveraigns , but even their lawful one , if he has occasion to treat with them either in matters of peace or war , must treat them after the same manner , as he expects to be dealt with himself . all leagues and treaties are national ; and where they are not to expire within a shorter time , though made with usurpers , will oblige legal princes , if they succeed , and so vice versa : and a league made with a king of any nation , will oblige that nation , if they continue free , though the government should be changed to a common-wealth , because the nation is still the same , though under different governments . which grotius observeth , lib. 2. cap. 16. imo etiamsi status civitatis in regnum mutetur , manebit foedus , quia manet idem corpus etsi mutato capite , & ut supra diximus , imperium quod per regem exercetur , non desinet imperium esse populi : in whosoever hands they entrust the management of it , yet still it is the imperium populi , the empire of the people . the leagues which princes make with one another do not oblige them to one another , longer than they are in possession of their governments ; because the sole reason of leagues and contracts is upon the account of the power each nation has to afford mutual assistance and benefit to one another ; which reason still continues , though the person who was entrusted with the power of making them be changed ; who then is no further concerned therein , than a proctor is with a cause after the revocation of his proxy . upon this reason king charles the first , though he made a league , and confirmed it with an oath , with the king of spain expresly as he was king of portugal , did notwithstanding immediately after receive two ambassadors from the new king of portugal , who had driven out the spaniard ; and this was not looked on at the court of spain , either as breaking his league or oath . all the rights and privileges princes are allowed by foreign nations , over whom they have no manner of authority , is upon the account of the power they have of making contracts for the nation they govern ; which power when they lose , and no nation is any longer obliged or concerned in their actions , they have no more right to these privileges than they had before they had this power . but because the same intercourse will always be necessary between nations , and leagues and contracts must be made , which cannot be made with the whole body , but only with those who have the supream power , nor with them neither , except they be allowed those rights and privileges the dispossessed princes had ; therefore there is an absolute necessity of granting them the same ; and the others must lose them with their dominions , because more than one at the same time cannot have the same right , for the same nation . and though the king of that country , to which a dispossessed prince retires , allows him what honours or privileges he pleaseth , as every supreme power is at liberty to act in his own dominions as he has a mind to , and bestow his favours as he thinks fit ; yet the titular prince has no right by the law of nations to claim any of those privileges that belong to those that have summum imperium , or any more than what belong to other private persons . what right can he claim by the law of nations , when no nations are any way concerned in his actions ? all nations , but his own , distinguished him from others , upon no other account , but as he had the power of making national contracts . which power when he loseth , the reason of allowing him any particular privileges above others , wholly ceaseth . and his own nation , when they have entrusted the management of their affairs in other hands , are no more concerned with him than foreigners are ; so that such a prince is wholly reduced to a private estate , without a kingdom , nay without a country that he can call his own , and at the best can be but esteemed a subject , during his stay , to the government of that society he retires to , because there cannot be imperium in imperio , or more than one soveraign in the same society . where he is so far from having a power of making peace or war , or any other national contracts , that he cannot without leave send to princes , or receive any sent by them , much less allow them that are sent those privileges which are due to persons of a publick character : and it would be unreasonable that soveraigns should be obliged to allow those privileges to him , who is uncapable of returning the same . and it is evident , that soveraigns have none of those reasons to forbear exercising a coercive power over him , as they have over an ambassador who , as grotius saith , cap. de leg . if he commits crimen atrocius , & ad publicum malum spectans , mittendus erit ad eum qui misit , cum postulato ut eum puniat , aut d