HAVING somtimes the oportunity to discourse with you, there appeared that in you unto me, that gives mee incouragement to pick you out above all men that now remaine sitting in your House, to write a few Lines unto, in as moderate a way, as my Condition and my Provocations will permit me: I have now within a very few daies been seven Mōneths a Prisoner, the Legallity or Illegality of which I shall not now discourse, having already of late said [...]o much in my owne Defence See my Salva Libertate sent to the Lievetenant of the Tower in September last, and my Discourse with Master Prideaux, In­tituled, Strength out of Weakenes [...]. grounded upon the Law, your owne Declarations, and the Armies; which with other things (it seemes) hath occasioned your House to passe a speciall Com­mission of Oyer and Terminer, to Try mee; which whether such a speciall Commission, made by never so unquestionable an Authority, bee not contrary to the Petition of Right (which you have so often sworne, and particularly Declared to maintaine inviolably) I shall for brevities sake not now dispute; only give me leave (and I hope without any of­fence) to put you in minde of that excellent and Printed Argument (in speeches and passa­ges of Parliament 1640. 1641. page 409, 410, 411, to 417▪) of Master Hides, your quondam fellow-Member, before the Lords in Parliament, as the then Mouth of the Commons-House, in Aprill 1641, upon the speciall Commission of Oyer and Terminer, that was exercised in the five Northern Counties at Yorke, in which argument, besides many excellent and observable passa­ges about th [...] midst of it hee Interrogates and saith: What hath the good Northern people done, that they only must bee disfranch [...]zed of all their Priviledges by Magna Charta and the Petition of Right, for to what purpose serve these Statutes if they may bee fined and imprisoned without Law, according to the discretion of the said Commissioners (of speciall Oyer and Terminer) what have they done? that they and they alone, of all the People of this (then) happy I sland, must be dis­inherited of their byrth right, of their Inheritance?

I sh [...]l at present make no application for my selfe, only I shall add a few more of his Lines towards the conclusion of hi [...] Argument in page 415, which I hope cannot bee offensive, being spoke by him that was so eminently Authorized thereunto▪ where hee saith to the Lords:

Truly my Lords, these vexed, w [...]rne, People of the North, are not suitors to you [...] Lordships to regulate this Court (of speciall Oyer and Terminer) or to refo [...]me the Judges of it, but for exti [...]pa [...]ing th [...]se Judges, and the utter abolishing this Court; They are of Catoes minde, who would not submit to Caesar for his life; saying▪ hee would not bee beholding to a Tyrant for Injustice; for, it was Injustice in him to take upon him to save a mans life, over whom hee had no Power. Which Court of speciall Oyer and Terminer was absolutely and totally abolished by that excellent Act that abolished the Star-Chamber being the 17 of the late King an. 1641.

But Sir, If it shall be objected against me that you are necessitated to take such an extraordinary course with me, as a speciall Commission of Oyer and Terminer is, because I will not own your authority: Yea, and i [...] I so continue, to deale with me as you dealt with the late King. Unto which at present I answer, First, the Kings Case and mine is different, for hee refused to answere to his Charge principally out of [...]his consideration, Because hee had inherent in him an old received Principle (as appeares in his Answere to the Petition of Right anno 1627 and in many of his Declarations made since the beginning of the late Warres, and by his Speeches at his Death, by virtue of which, hee judged himselfe as not liable o [...] capable of being Judged by any Power on Earth, but only by God alone: And as being in any sence, not in the least, for any Action he did (though in it selfe never so vile) subject to the punishing part of the Law.

Now, for my part, I [...]oe not in the least, refuse to be tryed out of that consideration, for I acknowledg my selfe but a bare Englishman, subiect to the Lawes thereof, as well in the Penal as in the Directive part of them, unto the ordi­nary rule of which, with all my heart, I am willing to stoope, and wish my adversaries would doe the same, and then I beleeve the Controversie would not long last betwixt us.

But seeing betwixt my Adversaries and my self there is a difference about the Legallitie and Justices of Power, which in some late printed Papers and popular Discourses, is made use of against mee, as though I had a selfe conviction in my own Conscience, of my own guilt, and therefore to avoid, as much as in mee lies, a Tryall.

To [...]ake off which, and to lay my selfe, and my Adversaries nakedly, and fully open to the Judgement and Censure of all ingenious and rationall men in England. I doe hereby, under my Hand and Seale (for that end it may be shewed to your House) Proffer you, beside what I lately Proffered Mr. Prideaux, which is contained in the 18, and 19, pages of the sub­stance of that Discourse now in Print, and here inclosed; That I am willing and ready, if they please, to choose one of your owne twelve Judges, that sit in one of the three publique Courts at Westminster, and all or any of my Adversaries shall choose which of the eleven remaining they please, and I will freely and voluntarily, Obliege and b [...]nd my selfe under my hand and Seale before witnesses, to stand to their finall and absolute determination (upon [...]he P [...]nciples of Law) for all differences betwix them (or any of them) and me, although it reach to bannishmen [...], losse of Estate, Limb, or Life, so my adversaries will doe the like:

Provided, the hearing may bee open, publique, and free, indifferently for both parties, and that the Judges give their Judgement in writing under their hands, with their reasons for their so doing to every point of their Judge­ment. And,

Provided I may for my owne benefit, use, or advantage; choose two▪ friends, freely to take, as well as their pennes will enable them, all that passeth, pro and con, without danger to their Persons, Liberties or Estates; or without hazard of having their papers (by force or Authoritie) taken from them; and this I thinke is as faire as any rationall man under Heaven can desire, and which I cannot believe you can judge to the contrary, especial [...]y considering it is so consonant to that righteous Rule of the Sonne of God (Jesus Christ) contained in the Scripture (the volumne of truth) viz. to doe as you would bee done to, which is the sum of both the Law and Gospell, and of all righteousnesse amongst men.

And I hope this is so faire, that those that most thirst after my blood cannot, nor will not refuse it. But to make it more f [...]i [...]e if they judge it inconvenient to fix upon two of your owne Judges (who in Interest are positively ingaged against me) I will bee content they shall choose one Sch [...]ller, commonly called a Clergy man, and I will choose another, or a Cittizen, or a Countreyman (which they please) and I will doe the like.

So with my humble service presented to you, craving pardon for my boldnesse in troubling you, with whome I have had so little face to face acquaintance, earnestly intreating your utmost Interest speedily in acquainting your house here­with, in the publiquest manner you can: I commit you to the Lord my God, my protector and preserver, and rest,

SInce I sent the foregoing Epistle, I understand that Wednesday next being the 24. of Octob. 1649. is positively resolved by my Adversaries, to be the day of my Triall, and therefore I cannot chuse but publish this in print, and be­cause a late Pamphlet-scribler, and pretended vindicator of S. Arth Haslerig, said to be Mr. Thomas May, the Councell of States Pentioner, renders me in his late false and lying book to be an Atheist, a denier of God and the Scripture, and gi­ven up to all Licesiousnesse, and an absolute Confederate with Prince Charles, to set up his absolute Will and Prerogative in this Nation; & therefore not knowing whether my Life will bee mine so long till I am able to publish a Vin­dication at large, against his base calumniations, I shall de­sire you to take this at present, and if I die before more come, let the constant Series of my Actions and Writings bee my future testators) That if to be­leeve constantly all that is contained in the Law and the Gospell, and to have confi­dent hope of the Resurrection of the Dead and the Life to come, and particularly of my owne, and to live Conscienti­ously in all good Conscience, as in the sight of that God that searcheth and knoweth the hearts of all the sons of Men, both before God and Men, be sufficient cause to be judged an Atheist, &c. then I am one. And if to oppose, with all my might and strength, all Inte­rests whatsoever, that would set up a single man, or more, to rule and govern by Will and Pleasure, without bounds, li­mits, check or controle, be suf­ficient grounds to be judged a Cavaliere, and for Prince Charles, then must I Ingenu­ously confesse I am such a Ca­valiere, &c. and I hope so to dy, for which I blesse God I am ready and fitted, let it bee by what butcherly hands it will.