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Tracts on Liberty by the Levellers and their Critics Vol. 10 Addendum of Works by Lilburne and Overton

1st Edition, uncorrected (in production)

This volume is part of a set of 7 volumes of Leveller Tracts: Tracts on Liberty by the Levellers and their Critics (1638-1659), 7 vols. Edited by David M. Hart and Ross Kenyon (Indianapolis: Liberty Fund, 2014). </titles/2595>.

The collection will contain over 250 pamphlets.

To date, the following volumes have been corrected:

Further information about the collection can be found here:

2nd Revised Edition

A second revised edition of the collection is planned after the conversion of the texts has been completed. It will include an image of the title page of the original pamphlet, its location, date, and id number in the Thomason Collection catalog, a brief bio of the author, and a brief description of the contents of the pamphlet. Also, the titles from the addendum volumes will be merged into their relevant volumes by date of publication.

 

Tracts on Liberty by the Levellers and their Critics, Volume 10: Addendum of Works by Lilburne and Overton

The Liberty of the Freeborne Englishman (John Lilburne in Gaol)
The Liberty of the Freeborne Englishman (John Lilburne in Gaol)

The Liberty of the Freeborne English-Man, Conferred on him by the house of lords. June 1646. John Lilburne. His age 23. Year 1641. Made by G. Glo.

“Gaze not upon this shaddow that is vaine,
Bur rather raise thy thoughts a higher straine,
To GOD (I meane) who set this young-man free,
And in like straits can eke thee.
Yea though the lords have him in bonds againe
LORD of lords will his just cause maintaine.”

Editor’s Introduction

This collection of pamphlets and tracts is a supplement to earlier volumes in this series which were discovered during the course of their preparation. Publishing information about each title can be found in the catalog of the George Thomason collection (henceforth “TT” for Thomason Tracts):

Catalogue of the Pamphlets, Books, Newspapers, and Manuscripts relating to the Civil War, the Commonwealth, and Restoration, collected by George Thomason, 1640–1661. 2 vols. (London: William Cowper and Sons, 1908).

  • Vol. 1. Catalogue of the Collection, 1640–1652
  • Vol. 2. Catalogue of the Collection, 1653–1661. Newspapers. Index.

Biographical information about the authors can be found in the Biographical Dictionary of British Radicals in the Seventeenth Century, ed. Richard L. Greaves and Robert Zeller (Brighton, Sussex: The Harvester Press, 1982–84), 3 vols.

  • Volume I: A-F
  • Volume II: G-O
  • Volume III: P-Z

The identification of Overton as the author of some of the anonymous pamphlets comes from Marie Gimelfarb-Brack, Liberté, Égalité, Franternité, Justice! La vie et l’oeuvre de Richard Overton, Niveleur (Berne: Peter Lang, 1979).


Additional Tracts by Lilburne and Overton (Volume 10)

Table of Contents

  1. [Richard Overton], A Dreame, or Newes from Hell (1641) - 5 illegibles
  2. [Richard Overton or John Taylor], Old Newes newly Revived (June 1641) - 2 illegibles
  3. [Richard Overton], The Frogges of Egypt, or the Caterpillers of the Commonwealth (October, 1641) - 2 illegibles
  4. Richard Overton, Sacred Decretal, or Hue and Cry (31 May, 1645) - 217 illegibles
  5. John Lilburne, Innocency and Truth justified (6 January, 1646) - 1629 illegibles
  6. John Lilburne, The Just mans justification (6 June, 1646) - 172 illegibles
  7. John Lilburne, An Anatomy of the Lords Tyranny (6 November, 1646) - 27 illegibles
  8. John Lilburne [with Overton], An Unhappy Game at Scotch and English (30 November, 1646) - 22 illegibles
  9. [Overton or Lilburne], A Reall Persecution or, The Foundation of a general Toleration (13 February, 1647) - 0 illegibles
  10. [Richard Overton], A new found Stratagem framed in the old Forge of Machivilisme (4 April, 1647) - 63 illegibles
  11. John Lilburne, The Juglers discovered (28 September, 1647) - 132 illegibles
  12. John Lilburne, The Oppressed Mans importunate and mournfull Cryes to be brought to the Barre of Justice (1648) - 20 illegibles
  13. John Lilburne, The Prisoners mournfull Cry, against the Judges of the Kings Bench (9 May, 1648) - 103 illegibles
  14. John Lilburne, The Laws Funerall (15 May, 1648) - 149 illegibles
  15. [Richard Overton], The Moderate (December 1648 - January 1649) - 1627 illegibles
  16. John Lilburne, A Preparative to an Hue and Cry (18 August, 1649) - 880 illegibles
  17. John Lilburne, Strength Out of Weaknesse (19 October, 1649) - 388 illegibles
  18. John Lilburne, A Letter written to Mr. John Price (31 March, 1651) - 7 illegibles
  19. John Lilburne, His Apologeticall Narration (April, 1652) - 115 illegibles

 


 

10.1. [Richard Overton], A Dreame, or Newes from Hell (1641)

Bibliographical Information

Full title

[Richard Overton], A Dreame: or Newes from Hell. With a Relation of the great God Pluto suddenly falling sicke by reason of this present Parliament.

Printed in Sicilia on the back-side of the Cyclopean Mountaines. 1641

Estimated date of publication

1641, no month given.

Thomason Tracts Catalog information

Not listed in TT.

LWV

T.5 [1641.??] (10.1) [Richard Overton], A Dreame, or Newes from Hell (1641).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

A DREAME Or Nevves FROM HELL.

NOT long since an honest Yeoman comming up to London, to petition to the most honourable High Court of Parliament in his own behalfe, for an especiall wrong he had received from certaine Projectors, who had encroached upon a parcell of his Free-hold, neere to the Common where he dwelt, by direction of some well-minded people, came into Westminster Hall, where having walked a long time up and down, & not knowing unto whom to deliver his petition, among so many hundreds that he met withall, at last being desirous to take some repast, wherewith he might revive & comfort himselfe, he came to a place neere adjoyning, which was tearmed by the name of Hell, and having well satisfied himselfe with such a portion of meat & drunke as he thought might content his appetite, he demanded what might be to pay, and finding the reckoning to be beyond his expectation, he grew very much discontented at the payment thereof, and repairing presently to his Lodging, being not farre off, and being very much perplexed at his former Reckoning, he resolved at the last to betake himselfe to his Bed, and not long after falling into a slumbring sleepe (divers Whimzies and diversities of Motions, swimming in his braine of the supposed Hell where he had formerly beene) he dream’d he was in the true and locall Hell indeed:

Where being affrighted with the apparitions of divers hideous and ugly deformed diabolicall Fiends, who were by his cogitation numberlesse, he was transported by his fancie to the great Court of Grand Pluto, who being attended with a multitude of his blacke Guard, and other his stigmaticall Officers, there was an instant hurly-burly and combustion in the Court, about the suddennesse of Grand-Pluto falling into a greevous sicknesse; wherefore all the Court Doctors of Hell being summoned to appeare (with an infinit company of Witches, Conjurers, & Sorcerers, fetcht from all other places, to give their best advice therein, were admitted into his princely Chamber, and having cast his water, and debated the matter a long time about the difficulty of his Disease, at length they all agreed, that he fell sick of a Parliament.

Whereupon Proclamation being made in Pluto’s name throughout all his Hellish Dominions, to any whatsoever to repaire unto his Court, with promises of great reward and favour from him, that could by any wayes comfort him in this behalfe. Upon a sudden there appeared a multitude in long button’d cassacks, high collars, and square C-ps, with small falling bands about their Necks, who seemed to strive, against all others, to be the first that might be admitted into his presence; i and these were reported to be a company of Iesuites, who were the deere children of Pluto, who hearing that their Father was sicke, came in all submissive manner to visit him, and to offer their service unto him, and withall informed him, that if there were any Designe, Practice, Plot, Device, Study, or other stratagem whatsoever, that could administer him any comfort, or wherein they might any wayes expresse their duty unto him, or further enlarge his Kingdome, they would ride, runne, goe, trot, or what not to performe his pleasure therein, and withall, desired him to be of good cheere, and to be comforted in his Children, who were ready at all times to waite his will and pleasure, and to execute whatsoever he should command.

Hereupon they desired their Father Pluto to take notice of the former care they had to enlarge his Kingdome, by animating the great Metropolitan to be a meanes to bring in Popery, and to doe the best service he could therein.

And withall shewing how they had sowed sedition and discord amongst the English Hereticks, and provoked the Scottish Hereticks to rebell against their lawfull King, and to intrude into the Territories of this Land; and also had animated their beloved Brother Cardinall de Richliea to raise a puissant Army for the invasion of this Land in two severall places, (viz.) at Dover and Portsmouth, at such times as the King was supposed to be most deeply employed in his Warre against the Scots; and likewise have wee not procured your great Secretary of State, Don Antonio Demonibus to make an especiall inrolement of all their names in your Kalendar, amongst those your deare Servants, the Plotters of the Gun-powder Treason, and those renowned Complotters of the former invasion into this Land in 88. &illegible; have not onely animated many noble personages, and others, to asist vs in our great Designe of bringing in of Popery into this Land, but have also procured divers Popish Books to be printed openly, thereby the better to encourage your Highnesse, deere Father, and the more to enlarge your Kingdome.

And for Courts of Justice, have we nor also by our power and authority joyned with our dreadfull and High Commission, brought to passe, that if any Heretike, under the degree of a Lord, should but put on his Hat in the time of Divine Service, we kept him in our Ecclesiasticall clutches fiue or sixe yeares together. And have we not likewise in the Courts of Chancery, Kings-Beach, or common Pleas, procured diuers wayes and meanes wherby many men (though their cause were never so just) have beene either by continuall delayes wearied in their Suites, or by extorted Fees, &illegible; or other Devices, driven to sell and morgage their &illegible; good, and whatsoever they have bin possessed off, that a man might have worne out. &illegible; in that space, & yet they seldom or never had an end of their suites, but have bin fleeced and jeered out of their demeanes, so long as they could procure either mony or friends, and yet it hath bin carryed so neatly and cunningly, as if the course of Iustice had bin exactly performed.

And for the Court of Exchequer, we are able further to testise unto you (deare Father) out of our owne knowledge, that it is one of the best Courts belonging to your infernall Kingdome, for if a suite be once commenced there, they have so many delayes by putting in of Pleas, making of Mtions, putting off a suite from Terme to Terme, after a verdict given, or framing some excuses to arise from the Bench, when a Cause appointed for the day should be heard, or to cause Motion vpon Motion to be made, whereby so many Orders of the Court must be drawne vp, or pretending the Court not to be full, with other sinister devices and sleights there vsed; that wee have knowne some men to have served an Apprenticeship, and bin made Free-men, and also to have married Wives, and had children, and yet the suit formerly commenced not ended. Therefore, deare Father Pluto, be of good comfort, and take it not so much to heart, so long as you have such dutifull children, and loving subjects; assuring your selfe, that we will doe our best endeavours to recover you of this Disease.

Presently after this, there came a company of fellowes with broad Seales about their necks, who were nominated to be Pluto’s Iourney-men, and had the title of Pateatees, who also hearing that their Grand-Master was suddenly falne sick, presented themselves in all humble manner, the further to expresse their duty and obedience vnto him; Relating unto their hellish Master, that according to their power and his appointment, they had ever bin obedient and faithfull servants unto him, in oppressing and squeezing the Common-wealth, and that they intended to continue therein, to the end of their dayes, and by what meanes they could possibly invent or devise, they would shew themselves to be dutifull servants unto him, in racking, poling, and pinching the poore both in city and country, vnder pretence of doing good in generall to the whole Common-wealth; and further declared vnto their Grand-Master, that in all their projects whatsoever, they had sheltred themselves vnder some great Patron, the better to colour their fraud and deceit: and likewise, that in case they had any colour of setting the poore on worke, for a generall good, they might with authority and strictnesse the more covertly hide their cunning and knavery, and withall assured their great Master, that they would sit up late, rise early, and spare no paines to encrease his Kingdome, and humbly craved his approbation, that they might bee further imployed either herein, or in what other businesse, in that nature it pleased him to command.

Whereunto Pluto replyed, that they had all done well, and left them at their owne disposing to doe what they found to be convenient, and so they were dispatched for the present.

Not long after, Cerberus the Porter of Hell, brought tydings vnto the palace of Pluto, that there was a post arrived with a packet of Letters from little Will; whereupon Don Antonio Demonibus, his chiefe Secretarie of State, was presently sent for to read them vnto Pluto, the contents whereof, as farre as could be gathered by those that were neere about him, was to this effect, That the said little Will, with divers other great personages of the State, would with all convenient speed that might bee, come in person to visit his greatnesse, and there to remaine with him in his Court. Whereat Pluto being very glad, began to be somewhat chearefull at the hearing of this newes, calling him by name the Sonne of his love, and further said, he had not thought to have seene him so soone, as now by his letters directed vnto him he did expect: and thereupon Pluto’s chiefe Secretarie of state was commanded to send an answer of the said packet of Letters by the same post to little Will, and the other great personages of State aforesaid, how glad he would be of their appearance in his Court, and what courteous entertainment they should have when they came there. Then Pluto gave command, that the post should be Royally rewarded for his paines, and called the post to him, & asked him what diet little Will did delight in, because the place where I keepe Court, is of a hotter Climate then he hath beene in heretofore, the post made answer that little Will formerly, did desire tips of eares, but the Cooke dressed them with the blood in them, and so he tooke a surfet; and ever since lived at a sparing diet. And further told his Highnesse that he need not be at too much charge for little Wills dyet, he tooke delight but in two dishes especially, and they were Lamb and Duck, and those he meant to bring with him. And suddainly vpon the departure of the post with this answer, Pluto gave strict charge and command vnto his infernall attendants, that divers faire Roomes should be presently trimmed vp, and hanged round about with Tapistry and Cloth of Arras, for the better entertainment of little Will and his fellowes, or any that came along with him. Then I was very desirous to know what this little Will was, at the first I could by no meanes learne, but at last I asked one that I supposed to be of Pluto’s neere attendants, if he knew him or no, he informed me, that he did not know him, but surely it was one that as yet had never been in Pluto’s Court before, and verily beleeved that he had performed some extraordinary businesse in Pluto’s behalfe, and deserved to be highly advanced in his infernall Court, and also supposed him to be some great personage, otherwise he would never have received the Packet of Letters which he sent him, with such cheerefulnesse, nor have given such a strict command to his chiefe Secretary, and others his infernall servants, for his speedy and present entertainment to his Court.

And notwithstanding the suddain expectation of little Wills comming into Pluto’s Court and the rest of his fellowes, which did not a little comfort and revive him in this his lingring sicknesse, yet Pluto found not all to be well in himselfe, but grew more and more to be perplexed and so wonderfully out of patience, that his ordinary attendants could hardly keepe him in his Bed, insomuch, that all his Hellish Doctors were once againe sent for to come with all speed vnto him, who being come there, they found that he was very dangerously sick indeed, and that he was fallen into a grievous relapse, and that there was no meanes left to recover Pluto’s health, and to restore him to his former strength againe, or to enlarge his infernall Kingdome, but that by some device or other this present Parliament might be dissolved and broken vp, which being fully agreed vpon by all his Doctors they informed his Highnesse. That if ever he expected to regaine his former estate, or to get any footing in England, he must with all speed call a generall Councill of all his infernall and wel-beloved Subjects, that they might advise and consult what way were best that this present Parliament might be dissolved as aforesaid.

Whereupon Cerberus by speciall command and appointment of Grand Pluto, had authority to set the gates of Hell wide open, and that all passengers whatsoever, (none to be denyed) might freely have accesse to come and heare the will and pleasure of Pluto, and also Charon was commanded with all possible speed to provide himselfe of as many Boats as he could to ferry them from all parts and places to this purpose, and when there was a huge multitude of all sorts gathered together in a large and spacious place, one of the chiefe Heraulds belonging to the internall court cryed out vnto the assembly with a loud voice, to crave a generall silence, after which, Pluto thus began:

My deare children, Servants, Iourneymen, and well approved Subjects, you see into what a low and weake estate I am brought, and as you have beene dutifull and obedient with all diligence hitherto to execute my commands, so my desire is, that you would alwaies continue vnto the end, I cannot forget your care, true love, industry, and paines you have taken in generall, for the enlargement of my Kingdome, and you my beloved Doctors, in endeavouring to performe your best skill, to recover my former health, as also you my dearest children whose Sanctity, we reverence, whose persons we adore, whose policies we wonder at, whose power we muse at, whose invincible Stratagems we stand amazed at, and whose Wisdomes we admire, neither can we but in the first place extoll, applaud, and highly commend you, for your extraordinary care in advancing our infernall Dominions.

And we are also pleased of our infernall grace and favour, to take notice of your great service done, in working the dissolution of the last Parliament, by which meanes nothing was effected for the good of the Hereticks, either concerning the church or common wealth, but thereby the Nobles of England were male-content, the Gentry discouraged, the Commons divided, the number of our servants, the Roman Catholikes infinitly encreased, and the whole Realme of England mightily oppressed; so as the successe of our designe was thereby no waies hindered.

Now my wel-beloved children, servants, Iourneymen, subjects, Allies, & all my well-willers whomsoever, if you could by any Device, Stratagem, Policy, Money, Friendship, or any other delusive or sinister means, study to dissolve or break up this present Parljament, wth would be the onely way, as we conceive in our Diabolicall Princely Wisdome, to breake the bond of peace & vnity amongst them, and thereby to move God to leave them to themselves, you should not onely be enrolled in our everlasting Kalendar for our dearest children and Subjects, but also be placed neere us in our favour for ever; and then also, to our great comfort, our infernall Stratagem might speedily be executed vpon them, & our Kingdome mightily encreased and enlarged.

Therefore all you my deare children, subjects, attendants, and Allyes, who are willing to doe your best endeavours for the performing of this Enterprize; we require you to be ready to take the Oath ex officio, & to lay your hands vpon the Book. Whereupon with a generall acclumation & consent, they all promised to doe what possible in them lay to performe his request, and affirmed, that they all were willing to conset to his demand, & therepon they layd their hands vpon the Booke. Then Pluto causing his principall attendants to raise him a little higher on his Pillow, proceeded on this manner: You my loving Subjects who have stept aside, and made your &illegible; your best protection, you also that are vnder the command of the Black Rod, and you that much feare you shall be questioned this present Parliament, and you my Iourneymen Patentees, and the rest of my loving Subjects here present, are you all willing to take the oath aforesaid for the breaking vp of this Parliament, then they all cryed with one voice; Willing, most willing, long live your Hellish Majestie, I beleeve you (said Pluto) take your hands from the Booke, I dare take your bare words. Whereupon Pluto’s great Counsell was called before his infernall Highnesse, and being assembled together, they all cõcluded, that forthwith a Proclamation should be sent abroad into all places in great Pluto’s name, the tenour whereof followeth.

TO the Pope, our right Trusty and wel-beloved Sonne, and all the Iesuiticall Rabble, our adopted Children, to the Spantard, Italian, French, Dutch, or what Nation people, or in what parts soever this shall come, these are to give notice, that whosoever can by any fraud, friendship, money, or any other means whatsoever, dissolve & breake vp this present Parliament, That thereby great Pluto may recover not onely his former health, but that his Kingdomes and Dominions may also be enlarged, he shall for so memorable an Act, be seated inplace of Iudicature with his chiefe Iustice Rhadamantus; or next to Pluto himselfe, and forth with be made Vice-Roy of Hell, prince of this world, Arch-Duke of Styx, Acheron; & Phlegeton; Marquesse of Cooytus and Lethe; and sole Commander (vnder him) of all Infernall Spirits and Furies.

And herevnto, we, the sayd Grand Pluto have set our Hand and Seale Royall, in the presence of all our Children, Friends and servants aforenamed.

This being proclaimed with thundring Drums, and sound of Trumpets, awaked the honest Country-man, who having seen and observed in his Dreame, all these passages and occurrents, lay for a while as it were in a trance, trembling and in a great extasie, at last recollecting his senses, he arose, and going from his chamber to goe about his businesse, he met by chance with two of his owne Countrey-men, who had beene a long time encombred with Law-suites, vnto whom he related this his Dreame, with all the passages aforesaid, whereat they wondering, and much astonished, desired him to deliver vnto them a Copie thereof in writing, which he promised, and performed the next day following.

FINIS.

 

 


10.2. [Richard Overton or John Taylor], Old Newes newly Revived (June 1641)

Bibliographical Information

Full title

[Richard Overton or John Taylor], Old Newes newly Revived: or, The discovery of all occurences happened since the beginning of the Parliament : As the confusion of Patents, the Deputies death, Canterburies imprisonment, secretary Windebank, L. Finch, doctor Roane, Sir Iohn Sucklin and his associates flight, the fall of Wines, the desolation of Doctors Commons, the misery of the Papists, Judge Barckleyes imprisonment, and the ruine of Alderman Abels Monopoly. Most exactly compiled in a short discourse between Mr. Inquisitive, a countrey gentleman, and Master Intelligence,r a Newes monger.

Pringed in the yeare 1641.

Estimated date of publication

June 1641.

Thomason Tracts Catalog information

TT1, p. 18; E. 160. (22.)

LWV

T.8 [1641.06] (10.2) [Richard Overton or John Taylor], Old Newes newly Revived (June 1641).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

OLD NEVVES Newly Revived.

Juquisitive

HOnest Jack Intelligencer, th’art welcom home, J woonot lose so much time to aske thee how thou do’st, because thy face has already told me thou wantst money: so do J, tis a generall want, and be fitting a Gentleman; but let that passe, tell me what newes is stirring in or neere London, newes is all that J seeke: you know my humour I hope.

Intelligencer.

J doe Sir, and finde it most correspondent to your name; and because I am desirous to satisfie your humour, I leave off and abandon all superfluous salutations, and fall roundly to the matter. The first enormity the Parliament tooke into its hands, was Patents in generall.

Inquis.

It was very likely that it would fall to particulars in time: but what befell those Patents?

Intell.

Faith though it was in the Winter, yet the owners of them were forced to leave them off, though they hazarded going over shooes, in griefe whereof they were all utterly confounded.

Jnquis.

What? all Patents, of what nature soever?

Intel.

Yes, that were pretended for the common good, but aimed at particular mens profits, as the Patents for Cards, Dice, Pins, Soap, Leather, and such like were utterly damned?

Jnquis.

I marry Sir, the Parliament began well, heaven blesse their proceedings: how went they forward?

Jntel.

Then to particular persons. The next that was found a delinquent, was no lesse a man then the Earle of Strafford, he that set three Kingdomes at variance.

Jnquis.

What, he that as he went through our Towne into Ireland, had the streets swept, and made neat for his comming, hee that paid all the Officers so bountifully? By this hand he was a most liberal man, and many say understanding.

Intel.

That’s certaine; yet for all his wit he could not easily understand his owne head. Alas! he was intrapt in his policie, and constrained to lay his ambitious necke on the Traytors blocke. On my conscience young Gregory is the most famous man in all England.

Inquis.

What, he that had the reversion of his fathers place, the young Soule-sender, hee that fild the Dungmans Cart with Dogges which he had headed, the better to enable him to effect the reall matter; why is he so famous?

Jntell.

Ile tell you Sir, if the glorious acts that Hector did, made his conquest the more honourable, and Achilles by slaying him ingrost all his heroicke deeds, why should not yong Brandon be as famou, for the death of him that shak’t three Kingdomes?

Inquis.

Come, thou art merry: but how scap’t his Compeere the Archbishop of Canterbury? it was thought that he was as deep as the other, it would bee a wonder if hee should come off with as you were, as they doe in the Artillery Garden.

Intell.

Truly Sir, J am of your opinion, take my word if ever bee come into his Metropolitan house againe, and sit there his Majesties high Commissioner, discharging the new Canons, he will goe neere to blow up the little Levite that writ Lambeth Faire. But he, good man, being his life was so irregular before has now betaken himselfe to a private lodging, and in a stronger house then that o’re the water; hee is not now much troubled with signing paper Petitions, and referring them to Sir John Lamb, although he keep house continually, and never &illegible; abroad, not to farre as into Saint Georges fields to take the aire.

Inquis.

J heard say, he never durst come into those fields since the up-roare at the dissolution of the last Parliament, he was afraid of the Ghost of him hee set upon the Citie gates to keep watch.

Jntell.

I cannot tell whether that be the reason or no, but on my conscience I thinke that honourable young Brandon will have the honour to ship his soule into Charons &illegible; for all his father was a Clothier of Reading. As soone as ever this man of Grace was laid in Limbe Patrum, his most deare friend, and the Papists most favourable compounder, and his Majesties Secretary Sir Francis Windebank, with much pruvidence tooke a voyage into France.

Inquis.

Then J hope wee shall pay no more Ship-money: that same Sir Francis has been prayd for the wrong way most heartily; the Ship-money was never mentioned, but a devout imprecation was offered up for him, much good doe him with it.

Intell.

Alas! he never had hand in it, it was my Lord Finch, the Lord Keeper of England, that dealt with Ship-money, and ’twas done with a most provident eye: for hee knew he should have occasion to use ships before bee died, and so he had: for he went after Mr. Secretary. Ile tell you Sir, hee was so woary with determining controversies upon the Bench, that he resolv’d hereafter to end them with the sword: he became a brother of the blade, and with a tilting feather, a flaunting periwig, Buffe doubler, scarlet hose, and sword as broad as a lath, hee looked as like a Dammee newly come out of the North, as could be imagined; and under that disguise fled most swiftly into France.

Inquis.

But under your favour, hee was but a Coward to flye as soone as ever he was accouterd in his marshall habiliments.

Intell.

But J think him most valiant: for wisedome was ever held the better part of valour; and none but desperate sooles will run themselves upon certaine, death: and though some such there are, yet he is none of those. J am sure, that valiant men and brave Commanders followed his example, and no worse men then Sir John Sucklin, the discontented Colonell, and his associates.

Inquis.

Sir John Sucklin, what hee that writ admired Aglaura? the Blacke Friers Actors have a foule losle of him,

And lest the Players should grow poore,

Send them Aglauros more and more.

What he that gave the King a hundred horse against the Scotch Pedlers? is he fled for Religion too?

Intell.

As sure as he fled from the Pedlers, his coat of Male would not keepe out their Bullets, though it would Sir John Digbies Rapier in the Playhouse,

Inquis.

I heard that he was for Portugall, and to that purpose had two or three hundred Cap and Feather men in pay, did he mistake France for Portugall?

Intell.

You may see the fortune of the dice, they run what chance they please, Sir John knowes it, but theres a greater man then he gone by faire.

Inquis.

None of the other Iudges? Iudge Barkley is not gone, is he?

Intell.

No faith, hee’s safe enough, hee’s a most fast and substantiall friend, he and Davenant the Queenes Poet doe keepe their chambers, as if they mourned for the iniquity of the times, but he that I meane is greater then any of these in bulke, tis Doctor Roane.

Inquis.

Why if he be gone, how fares the Civill Law, for he was the body of it.

Intell.

In good faith Master Inquisitive they droope extreamely, you may walke in the Commons and be offended with no confused noise of the Proctors that prated onely for the tother see, they will now without grudging take a ten groats see and thanke you; theyl onely sigh out, O quantum mutatus ab illo — Termino, &c. Their Clarkes, although they are not troubled with much imployment, cannot be at leisure to redeem the gownes which they pawned in Lent Vacation: and Doctors Commons himselfe for feare lest hee should dye intestate, has made his will, and bequeath’d all his goods most equally.

Inquis.

Then I may presume that the High Commission is downe; the Papists I know rejoyce at it, they have paid many a fat fine, have they not?

Intell.

Faith I thinke that they have rather cause to grieve, for their fines were very easie compositions, but now the Parliament has taken them in hand, and useth them far more ruggedly then the chiefe Commissioner would.

Inquis.

If the Parliament has taken them in hand, I prognosticate that they weare Lent in their cheekes, their Ave Maries, Creeds, Paternosters, the dropping of their Beads, their sprinkling themselves with Holy water, will scarce bee of force to entreat the Virgin Mary to command her Son to pitty them they must visit Rome, must they not?

Intell.

Or Tyburne, choose them whether, as the ballad saies, they have a very bad time of it now I can assure you.

Inquis.

Well, let them be hang’d and they will, thou and I will goe drinke a pint of Canary.

Intell.

As I live, I had almost forgot, Ganary is now at sixe pence a pint in London.

Inquis.

At sixe pence a pint, how comes that to passe?

Intell.

This blessed Parliament has pryed into Alderman Abels knavery, and has found his politicke projects our, has made a confusion of his ticket office, and laid him and his brother Kilvert in a house of stone, who shall be made exemplary.

Inquis.

Why then honest Jacke Intelligencer I pronounce thee welcome home, weele to the Tayerne and drink pottles in healths to this most happy Parliament.

The Deputy is dead, the Archbishop sure,

(I doe not say to dye) Judge Barkleyes cure,

If any be is casting of his coyne,

Abell and Kilvert too, that did purloine

A penny to ’em from each pins of Sacke,

If money helpe them not, their neckes must cracke;

And witty Davenant, their miseries

To terminate will write their Elegies,

And so he will his owne; they that sled

Int’ other Countries, and so sav’d their heads,

From asore aching cannot merry be,

Whilst thou and I laugh at their misery:

We can be jocound and thinke no man harme,

With joviall Sacke our duller spirits warme.

Away with sorrow, welcome sweet content,

This health Ile drink to’th blessed Parliament.

FINIS.

 

 


 

10.3. [Richard Overton], The Frogges of Egypt, or the Caterpillers of the Commonwealth (August, 1641)

Bibliographical Information

Full title

[Richard Overton], The Frogges of Egypt, or the Caterpillers of the Commonwealth. truely dissected and laid open; With the Subjects Thanfulnesse unto God for thier deliverance from that Nest of Vermine

Printed in the yeare 1641.

Estimated date of publication

October, 1641.

Thomason Tracts Catalog information

TT1, p. 26; E. 166. (2.)

LWV

T.9 [1641.08] (10.3) [Richard Overton], The Frogges of Egypt, or the Caterpillers of the Commonwealth (August, 1641).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

THE FROGS OF EGYPT OR THE CATTERPILLERS OF THE Common-wealth.

MOnopolers by their nefarious Projects, and impious exactions, have contaminated the Land with such a contagious exulceration of wicked impositions, that I may with a coequall sympathie, assimulate them to the Frogs of Ægypt. First, In regard that those Frogs were the second Plague that was brought upon the Ægyptians: So these Monopolers (in respect that Bishops had the priority) were the second Plague, which with disastrous aspersions, did infect our Nation. Secondly, As those Frogs came unto Pharaoes Bed-chamber, and upon his Bed: So these Diabolicall Parasites, did creeep into our Kings bosome, with their Phariticall Calumny. Thirdly, Those Frogs did come upon all the people in Ægypt, throughout their Territories: And who is there in all our Kingdom, that have not beene infected by the contagion of their venenosive aspersions: they were a Nest of Wasps, which did Tyrannically sting the Kings loyal Subjects with their exacting impositions: They were a swarme of Vermine, which did pollute sincere purity, and like the Frogs of Ægypt, did over-creep the Land. They warmed themselves at other mens fires, and though the peoples fingers ends were a cold, by regard of their impious Project, yet they would alwayes remember to say with Mantuan Optimum est alienafrui pecunia. They sip’t of honest mens cups, and did distend their purses in their Bacchanalian ryot, for they drowned themselves in Bacchus Fountaine, while other men payd the reckoning. They did alwaies share with the Butler in his Box, yea they grew so fat and plump with damned Projects, that it was easier for Hercules to beate the Triple-headed Cerberous out of Hells Seygian Portali, then for us of late, to speake against these cursed Projectors, who abused the Triple Crowne. But (we thank the all-directing providence of the mighty and Almighty God) we have found the like successe with Hercules, and by the inflexible Justice of the Parliament, we shall with him, drag these Hell-bounds upon the earth, who did eradicate the well planted branch of Plenty. They were heretofore so Epidemically strict, that they would not bate us a pin in their exactions; they have worne a Vizard a long time: But a Vizard sayd I? Their pride was a sufficient Vizard, for it was no marvaile that no man else could know them, when they knew not themselves. But when the Parliament shall once unface these, they will prove as bad as any cards in the packe. They were Janus-like, and had two Cloakes to hide their knavery; and like the Pythagorean Monster, they did threaten to devoure the whole Commons at a mouth-full. In Ægypt the thirsty Dog could never lap of the River Nilus, but the Crocodile would assault him immediatly. Neither in our Land could any honest man, whom drie necessitie by compulsive coercion required to allay his sitiating thirst, sip at the odoriferous Spring of Bacchus, but incontinently he was assayled by these cursed Crocodiles, the rubbish of Babylon, Honesties Hangman, fomenters of Impietie, Iniquities prodigious Monsters, Plenties execrable Foes, Envies individuall Companions, detestable Enemies to loyall Subjects; and in a word, that I may fully paint them out, The Devills Journey-men. The Romans were never in more danger of the Sabines, than wee have beene of these pernicious members: the Sicilians never feared the Basilisk more, nor the Cresans the &illegible; neither the Athenians that pestiferous Serpent Epidaurus, than we have justly feared these wicked Dragons of implety. They are like the Grecian Horse, in the midst of Troy, under pretence of safety, but at length consumed the whole city: So these firebrands of iniquitie would have extirpated the flourishing plenty of the Land, but (thanks be to God and the righteous Parliament) they are now extinguished. For as a rotten member Ense recidendum est ne pars sincer a trahatur, ought to be cut off, least it infect, and contaminate the whole body; so ought these wicked members of the Common-wealth to be executed with the Sword of Iustice, who have already too farre polluted the body of the Realme. Tis a plausible assimulation which Hippocrates observeth, that in the body naturall, as it must be truely purged, before it can be truely sound: so likewise in the body politicke, unlesse these improbous malefactors be purged out, it can never be truly sound. Their very name Monopolers doth stigmatize them under the brand of knavery, which is derived from &illegible; which signifies in English, Onely: so that Monopolers, are the Onely Polers of the people, which have abused them by their Projects: But now (alas poore men!) they are intruss’d and like to be whipp’d. Their very Projects themselves are set against them: Their Coles which they did aggerate are ready to consume them: The Butter, which before greased their pockets, now melts in their mouthes: The Sope scornes to be projected any longer, and will invert its first Letter S. into R. and become a Rope to them rather. The Salt is ready to pouder them to Tiburne: The Cards scorne that they should play the Knave any longer: The Pinnes could pin their Heads to the Gall-house, The Wine threatens to lay them dead——drunke: but hang them they are so crafty, that although they fall downe in a Wine-Seller, yet they know how to rise up agine in a Tobacco-Shop, but I hope before they rise there, they will first rise up at the Gall house: where I’le leave them——By these, and the like enormities have our Land beeue too farre overspread, it hath lately flourished too luxuriously in impiety, which did accumulate such insupportable burthens to the weather-beaten Commons of this Realme, that they were almost everted. But thankes be to the all-disposig omnipotence of immortall God, who have alwayes preserved this Kingdome from innumerable evills, and have kept it as the apple of his eye. I say thankes be to his Supremacy, who among other evills have preserved us likewise from the Tyranny of these insulting Projectors. But we now solely depend upon the Parliaments exemplary piety and great Justice, of whom we beg with all humility, and with affectionate servency to the truth, doe supplicate that they would with expedition extinguish these cursed firebrands of the Land, who like Samsons Foxes have consumed the Lands and Possions of the Commons. Wherefore let every true hearted Subject enumerate his expresse thankefulnesse to Almigty God for the preservation of this Kingdome, and the multitude of his favours irrigated thereon with all alacritie.

A Thanksfullnesse to God for his Mercy towards this Kingdome:

VVE blesse & magnifie (great God!) thy Name

Who justly dost exenterate with shame

All Enemies to Thee, and us who dost

Preserve this Kingdome with thy favours most.

By Thee our base Monopolers doe fall

False Prelates, and false Papists in their Gall.

By Thee Projectors vanish, and by Thee

The Church has beene preserv’d from ’Popery.

By Thee our Canonists requoile, and turne

Their Innovations to a dolefull Urne.

By Thee all Pontificians dote deplore

Their fortune more diastruous and more.

Thus in our Hemisphere, while the bright Sunne

Desplayes his radiant splendor, and doe runne

Through the twelve Signes i’th’ Zodiacke, and then

Smileth upon the face of mortall men:

Thus while the Queene of night doe beautifie

Her selfe, and gilds the Star-bespangled Sky:

While liquid rivers doe returne againe

Wandring abroad into the greedy maine,

Yea, while our pious hearts remaine to be,

We yeeld a thankefull sacrifice to Thee.

And as we thanke Thee for thy Favours past,

So we doe supplicate a blessings last.

First, that Thou would’st extenerate all those

That are Monopolers, or other Foes.

And Then (oh!) then conduct the Church aright

For our Salvation and thy Heavenly Right.

That we may serve Thee, serving Thee we may

Rejoyce, rejoycing triumph, in that day:

Triumphing, then exult, exulting raise

Glory to Thee, and serve Thee all our Dayes.

FINIS.

 

 


10.4. Richard Overton, A Sacred Decretal, or Hue and Cry (31 May, 1645)

Bibliographical Information

Full title

Richard Overton, A Sacred Decretal, or Hue and Cry. From his superlative Holinesse, Sir Symon Synod, for the Apprehension of Reverend Young Martin Mar-Priest. Wherein are displaid many witty Synodian Conceits, both pleasant and Commodious.

Europe, Printed by Martin Claw Clergy, Printer to the Reverend Assembly of Divines, for Bartholomew Bang-Priest, and are to be sold at his Shop in Toleration-street, at the sign of the Subjects Liberty, right oposite to Persecuting-Court.

Estimated date of publication

31 May, 1645.

Thomason Tracts Catalog information

TT1, p. 378; E. 286. (15.)

LWV

T.46 [1645.05.31] (10.4) Richard Overton, Sacred Decretal, or Hue and Cry (31 May, 1645).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

A SACRED SYNODICAL DECRETALL, Or, HVE and CRY, FROM HIS SUPARLATIVE HOLINESSE, Sir Symom Synod, for the Apprehension of Young MARTIN MAR-PRIEST.

WEE the Parliament of Divines, now assembled in holy Convocation at Westminster, taking into our grave, pious and learned consideration, all the goodly fat Benefices of the Kingdome, the reverend Estimation, Honour and Supremacy due unto the Clergie, and out of a godly care and pious providence as becommeth Divines for our own Guts, having used all subtilty and policy wee in our divine wisedomes &illegible; devise, to take a godly possession of the dearly beloved glorious Inheritance of our Fathers, the late Lord Bishops, their divine supremacy, their sweet, their wholesome and nourishing Revenues, their dear delicate toothsome Tithes, most supernaturall and pleasant to a divine pallat: yet notwithstanding this our godly care, our secret policy and cunning contrivances (gloss’d over one would have thought with sufficient sanctity) to our great sorrow & grief heart, the worke of the Lord of late hath been much retarded in our hands by the enemies of our peace, who most trayterously and blasphemously endeavour to turne us to the goodnesse of the people, by divers hereticall bookes, as the Compassionate Samaritane, The Bloody Tenet, and especially by that dangerous and destructive Book to the Clergy, intimled The Arraignment of Persecution, compil’d and dedicated to our divine Protection by that inveterate Malignant Arch-enemy to the Clergy, Young MARTIN MAR-PRIEST, who hath stung us to the very hearts, wounded our reputations, detected our Policy, and made us a By-ward, a &illegible; and derition in the mouthes of the People, and now, out of our pious zeal, (having a mind to exercise his patience with our godly chaltizement) the refractory Apostate, by his policy shrowdeth himself from all our Spies, Spirits, and Emisaries, yea and which is to be admired, even from our Sacred Syroddicall Conjurations, Classicall and Presbyteriall Exorclimes, Invocations, &illegible; Imprecations, Pernomina Admay, Zebasth, Adonay, &illegible; El, Elobim, Elion, Esperchie, Jah, Tetragrammation, &illegible; et per sedem Admay, et per O Theos, Iseyros, &illegible; Nareletus, et per bæe tria nomina secreta AGLA, ON, TETRACRAMMATON: perareat Spiritibus nosteis malificis Presbyteris Adonay, Suday, Reg regum, El, Aty, Titerp, Azia, Hyn, Jen, Minosel, Achadav, Vay, Vat, Fy, &illegible; Fye, Free, a El, El, a, Hy, Hau, Hau, Va, Va, Va, Va; and nothing appeareth but a Bull, tosting Sir John upon his hornes, and stamping the blessed Ordinance for Tythes under his cloven feet. O profame MARTIN! O wicked MARTIN! O sacialigious MARTIN! O blasphemous MARTIN! What, tosse a Presbyter, and profane the holy Ordinance for Tythes, MARTIN’S not a Benefield man, that’s infillible divinity. Wherefore we being thus heard and Bull’d, WEE Decree and Ordaine as irrevocably and unalterable as the Lawes of the Medes and Persums, yea, be it in &illegible; feculorum, as Authentick as the Directory, that if any person or persons whatsoever, be they hee or shee, male or female, man or woman, boy or girle, that can frighten Young MARTIN MAR-PRIEST out of this his horrible terrible horried Carsock, or can any wayes make an exact discovery of him, or can betray his person into our Synodicall Protection, that He or Shee so doing, shall have &illegible; present pay &illegible; a thousand Tith &illegible; pet &illegible; in &illegible; for he hath so uncassock’d our misterious divinity, our crafty subtill Belly-timber designes, our pious &illegible; with the Peoples Liberties, &illegible; godly Ambition above the State, that if he be not prevented &illegible; &illegible; powring his Plagnes &illegible; generall and &illegible; ROT will suddenly surprise the whole Clergie, and wee shall all surely die of the new &illegible; called the Martin, an Epidemicall fatall disease unto the Clergie, the Lord in his mercy look upon Us, thine owne Tribe, &illegible; Tribe of LEVI, wee had better have sit neere two yeers longer in our most holy &illegible; and made our Fourty thousand foure hundred pound Directory, a Directory of Fourescore thousand. Eight hundred pound; &illegible; rather then hee should have discovered to the people their own native liberties and birth-rights, for their ignorance is the dear Charter by which wee hold the venerable Tenure of our &illegible; and the &illegible; Pillar upon which wee nerect our Reverence, Ambition and Supremacy: wee had thought plainibly, and without all noyse, to have undermin’d them &illegible; a &illegible; which we Divines call Mistery of Misteries, had not this cunning puted &illegible; unfolded our riddles, and made them so plain, that we know not how to zeale them over with sanctitle to the eye of the people: Wherefore, (O all ye Divinest) curse him with your &illegible; in seculd &illegible; ultra, all yee Presbyters, knock &illegible; his braines with your Classicall Cluo, all ye Assembly of certaine Tith &illegible; &illegible; upon MARTIN, run at him open mouth’d, rend and teare him with your young small Presbyterian Tusks, O all yee divine white faced Bullcalves, gloore, bellow and &illegible; like the mad Bulls of Bason, and tosse him (if you can finde him upon your shornes, till yee shake him out of his &illegible; Hide: O ye Presbyterians. Tith Turkey-cocks, set up your feathers, clap your wings, advance youn &illegible; coxcombes, bumme, &illegible; and goble, goble, goble, goble against MARTIN, till ye fright him into Not-ghre, or &illegible; &illegible; &illegible; &illegible; or the &illegible; grave and learned Tyth Greese and &illegible; call &illegible; Assembly, consult and combine against MARTIN, to hisse and guggle him out of his Five pestilent senses, for he meanes at one blow to dash in pieces all your Tith milke-parles, bowles and &illegible; potts, &c. and never leave thumping, as long as he heares us &illegible; or call for &illegible; against &illegible; Brownists, &c. or hears a Tith-pigge but squeeke in Sir &illegible; pocket: O yee Classicall Clarkes and Sextons of the Three Kingdomes, demolish and pull downe all the Martins nests from your Church-walls and steeples, and have a spirituall care (as you will answere the contempt of the New Ordinance) that hereafter no birds build, chatter, or doe their businesse, or sing there, but Church-owles, Jack-Dawes, otherwise called Sir Johns, blinde Batts, Presbyterian Wood-cocks, and the like: O yee two Houses of Parliament, make another Ordinance to make all the Martins flie the Three Kingdomes next Midsommer with Oncecowes and Swallowes, that wee may have a Blew-cap Reformation, among Batts, Owles, Jack-Dawes, and Wood-cocks (and then Blew-cap for us.) O all yee Presbyterian Hang-men, mercilesse Goalers, cruell Executioners, terrible Tormentors, and other our Synodian &illegible; and keepers of our Presbyterian Warehouse, draw up all your Instruments of torture, and torment in Bartalio, and advance into the South against MARTIN, give him an Alarum, fall upon his Quarters, and divide them into Weather-cocks, (but first let us catch him) upon the perill of our malediction, presently appear in your Armes, and let all be prepar’d, triple knotty corded Whips, to slash MARTINS sides, Pillories for peoping-holes for MARTIN: Sharp Knives to cut off Martin’s cares: hole burning Irons, to &illegible; Martin’s checks, Hunger and Thirst, to pine, pinch and starve Martin, divine Halters of the best Tyth-Hempe, to hang Martin: Fire and saggo: to burne Martin: Spirituall Caldrons, divine spits, holy Fire-forkes, and sacred Gridicons to boyle, roast, and broyle Martin: Lowsie, stinking, silthy, &illegible; and noysome Dungeous, to stisle, devoure and poyson Martin, for Martin must be devoured; but how shall we find him! O ye Stars, Fates, Man, Angells, Blew-caps, and Devills, wee are mad, mad, and will be mad, stamping, staring horn-mad, for when wee looke him at London, hee’s at Yorke, when wee look him amongst the Lords, hee’s with the Commons, when wee look him in the North, hee’s in the South, when in the Fast, hee’s in the West, when we thinke to spie him amongst the Independants, hee’s in the godly shape of a Presbyter; when wee thinke to catch him at publike Meetings, hee’s at our private consultations, conclusions and debates, and now to secure himself from our last shift, the cunning Varlet’s skipt into a Bulls-hide, Martin knows, they must have a long spoone that eates with the Devill, hee’s such an Ubiquitory, wee know not how to deale with him, hee’s even too hard for Sir Simm, Sir John, and the Devill himself, that wee are even at our wits ends, hee’s but a little bird, but a pestilent one to the Clergie, hee feares not to encounter with the ravellous Tith-panched numerous headed Hydes of Divines, and is resolv’d to pick out their eyes. Oiueffable Omen! O mischievous Priest-murtherer Martin! desperate Martin, wee I try thee by a Jury of Fresbyters, but all the wasts in the catching: Good people helpe us, as ye hope to pay tythes, or else we shall leave Preaching: if Martin be suffered, your I have all the misteries and hidden things of the Clergy laid open, had goe neere to tell you, how we bore you in hand, that the Common Prayer-Booke &illegible; the Worship of Almighty God, so long as wee found any marrow or &illegible; in it, and that in its Abolishment and introduction of the Directory, we did not so execrate the one, and &illegible; the other, as not to lay down the New, and humbly lick up our Vomite, and returne to the Old, if the King should come home again, (as nothing is impossible:) that in our Pulpits, Presses, and in our Directory, we declare, that We &illegible; the &illegible; not for any evill that we apprehended to be therein, but to satisfie the People, (tis good to have a care to the maine chance) who were offended therewith: The temper of the People is an infallible Rule to us in the Worship of God, but tis otherwise with us in the heavenly Ordinance for Titbes, and very good reason too, a bird in the hand is worth two in the bush, the good Ordinance for Titbes, is far better then the good will of the Vulgar, (fair words butter no &illegible;) though they would have &illegible; therewith content, and are offended at our Tithes, wee must not have our mouthes muzzld, considering what toylesome Cattell wee are, to treade out their Corne into our Barnes. Heel tell the Country, That wee sanctifi’d our New DIRECTORY Gospel, but to the temper of the City, tell the City, That the Countrey people know not what to doe with it, except to stop their Bottles, unlesse wee spend the State the other odde trifle of 40000. pounds, to divide it into Chapters and Verses (the Lord put it into their hearts:) and that as the truth is, its sanctitie is only grounded upon the divine Ordinance for Tithes (some wiser then some) for no longer Peny, no longer Pater-noster: Yea, hee I not stick to tell the people, That the inhancing and ingrosing all Interpretations, Preachings, and Discipline into &illegible; own hands, is a meere Monopole of the Spirit, worse then the Monopole of Soape, &c. and that the new Ordinance of the 26. of Aprill, that no Person or Persons be permitted to Preach, that is not ordained a Minister, &c. is but a Patent of the Spirit, to get the whole Trade into our own hands, and so rob the people with what Ware, and of what price we please, thereby only to advance and enrich themselves, impoverish and &illegible; look in their faces, and pick their pockets, If Proaching should not be reduced and reconfounded in the antient bounds of the Clergie, the &illegible; would out-strip the Scholasticks in Teaching, and Knowledge would so encrease and multiply amongst the Common People, and Preaching grow so common with them, that We should grow out of &illegible; and all things that are good and dainty, to depart from us, therefore it was wisely prevented in time: And which is worst of all, a thousand to one hee’l blab it cut to the World, how craftily wee have dealt with the Parliament, and cheated the State! and as the way of a Serpent upon a Rock is unknowable, so have our circumventions, &illegible; and subtill contrivances been even invisible, inscrisible to them, and so silently, secretly and gradually have intic’d them with the &illegible; of Religion, and caught them with a Syncdean hooke, wee held out the Leigue and Covenant, the Cause of God, and the like, to the Kingdome, and at longth pluck’d up the fish call’d a Parliament, out of their proper Magesteriall Element, into our Synodean spirituallity, and thus neatly wrested the Scepter out of their hands, that they neither know nor perceive it, that in truth, the Assembly is desembled into the Parliament, and the two Houses made but a Stalking-house to the Designes of the Clergy. They say, It is Decreed and Ordained by the Lords and Commons, &c. but in Plaine English, it is by the Assembly of Divines, ’tis true, it is the Lords and Commons in the History, but the Assembly of Divines in the Misterie, as MARTIN wisely hinted in his &illegible; before his book of the Arraignment, for We are become the sole Directorie, and coercive Power both in Church and State, a Supremacy due unto us, as well as to the Pope, and though we give them (as men doe bables to Children) the Title of making, and judging of Lawes, to please them yet with such distinctions and limitations (to speak this under the Rose) that we intend for our selves, that which we give unto them, even as our Brethren of the Society of Jesu doe concerning his Hoiiuesse the Pope, in his Infallability, and Temparall Power; this honour and priviledge was of Divine Right given, and antiently enjoyd by our Reverend Fathers the Bishops, and why should we not be heirs unto it by our legitimate litreal discent? All Lawes, Statutes and Ordinances both concerning Church and State, were Decreed, Ordained and Enacted by the Lords Spirituall and Temporall, &c. and why not now by the Assembly of Divines, and Parliament now assembled &illegible; Westminster? this is not yet in the History, for indeed, our matter is not yet ripe for such a discourse; The aye blessed Divines of Scotland first laid the foundation, upon which ever since, the Businesse hath been prosecuted, they foysted into their States Protestation in Septemb. 1638. that the Synod and Parliament are the Law-makers, and the Low-interpreters, both Divine and Humane, and whatsoever doth but glance upon our Proceedings, our Preachings, Writings and powerfull influences upon the State, may evidently discerne that we have it not only de facts, but even misteriously have made it our owne de jure, and in time, when we have brought our designes about, in all Acts, Statutes and Ordinances of State, we shall speak distinctly and plainly in the language of our Fore-fathers, the Lords Spirituall; indeed this &illegible; was found intollerable, and burthensome to the State, and People, therefore having so good advantage to transferre it to our selves, it being very honourable, pretious and profitable to our gutts, we wisely helpt to Vote them out of the House of Peers, caught hold of their Supremacy, and let their Lordships goe, and very prudently &illegible; it to King Henry the Sevenths Chappoll (of ease) and make as much use of it there, yea more, as if we were in the House of Peers, for thereby we act more misteriously and covertly from the peoples discerning, and thus our intents (to speak privately among our selves) is in plaine English, not for a reall, but a Titular Reformation in Church and State, which by comparing spirituall things with spirituall, is to make our Ecclesiasticall Jurisdiction Independant, according to the affirmation of our Scotch Brethren, in their Answer to Marquesse Hamiltons Declaration, compared to Traviers, the Scotchman, Dedisrip. Eccles. pag. 142. Huick discipline omnes orbis principes & &illegible; &illegible; submitteric, & parere necesseiest,Traviers, de Discip. Eccl. p. 142. there is a necessitie that all the Princes and Monarches in the World should submit their Scepters, and obey this Discipline, and to this &illegible; the Divine saying of our Brethirer, proclaimed at the Crosse of Glasgow, That our Assemblies are the supreme Judiciary in all Causes, &c.

This subtill Tell-idle must be taken, or elso all’s &illegible; all’s &illegible; both Parliament and people will understand our deceit, and then Sir John may goe whistle for his Tithes, if the People once understand their own Rights, and that the exaction of Tythes, is meere Theft and Robbery, they’l have the wit (if they be wise) to keep their owne, cease hiring us to cheate and delude them to their faces, while they want to supply their owne necessities, and cashiere us, as they did the Bishops; then the Parliament will regaine their Power, and the People their native Liberties from our divine usurpation, and we shall be laid levill with the Mechannick illiterate Laicks, (a wickedness not to be mentioned in the Church of God) this is MARTINS drift, that great Anti-Clergie O that profane Martin! that cursed Martin! that wicked Martin! wring off his neck, for ever and ever, And let all the people say, AMEN: O all ye holy ravenous Order of Syon-Jesuites, pluck off his feathers, teare him in pieces, rend his flesh, crush his bones with your great Iron Teeth, make no more of him then you would of a Tith Pigge, be sure to devoure him, but you must have a speciall care to chew him well, for he is a tough Bitt, if he chance to slip down whole into the tunacle of Sir Johns stomack, hee’l keep such a rumbling, such a jumbling, such a tossing and flinging the Tith-cocks, Lambes, Pigges, Geese. Milk-pails, bowles, Cream-pots, &c. too & fro in Sir Johns goes, that Sir John will be forc’d to vomit them, with the Subjects Liberties, and Power of Parliaments, up againe, before they be throughly concocted, and turned into Presbyterian Blood.

Bee it therefore further Ordained and Decreed by US, the Puissans Assembly of Divines (Lords paramont over Church and State) in Parliament now Assembled at Westminster, and be it Ordained by the Authoritie of the Same, That all our Intelligences, Spies, Spirits and Familiars, delegate into all parts of the Kingdome, into all Separate Meetings, Conventicles, and Confluxe of people, and all our Synodian Jesuites, Setrinaries, and Presbyterian Emisaries whatsoever, in the Armies, Townes, Forts, Castles, Places of strength, and all Watches, Sentinells, and Courts of Guard in the whole Kingdome, forthwith, at the publishing hereof, as they tender their respective Places and Preferrments, (WEE having the Keyes of the Kingdome, both of taking in, and casting one) diligently to so observe all sorts of people, their severall Garber and Fashions, and be sure to let no man walke the streets, failds, passe your Courts of Guards, or any where sojourne in a Pulls skinne, (for that’s the Bullock MARTIN) without present apprehension: and in case be runne, &illegible; or gear at the Ordinance for Tithes with his right been, at the Directory with his left born, that all the Trained Bands in the whol Kingdom be speedily raised to &illegible; him, that we may Sophistically conclude our Presbyterean Premises, with take him Goaler, & that this design be manag’d by the subtil contrivances, Jesuiticall Plots and Conspiracies of our Close Committee of Presbyters as Syon-Colledge, deputed by Vs to undermine and blow up the two Houses of Parliament, with the Subjects Liberties into the Ayerie Region of &illegible; Supremacy. For so long as MARTIN escapes our Synode in churches, hee’l endeavour to reduce the Power of Parliaments, and the Subjects Liberties to the right owners, and to recover them from the usurpation of Ecclesiasticall Supremney, whether Papisticall, Pretaticall, or Presbyterian, let it goe under what Name or vizor it will, or be never so suitable to the present temper and ignorance of the people, MARTIN is resolved to unmaske it to Posterity, and make our Reavery as plaine as a Pike-staffe; though through our instigations, suggestions, and powerfull Influences upon the State, he be condemned as a Traitour and disturber of the publike Peace (for our gutts strumble at him every morning) when indeed it is but of our Ambition, Covetousnesse and cruelty, and seal the discharge of his duty to God and his Country, with his vitall blood, and the ruine of all that hee can call his, considering that the generall and common Good of the whole Kingdome is to be preferr’d before the particular interest, profit, or good or one; Young MARTIN values the general good above his owne, and is resolved by the Power of God, to endeaveur &illegible; utmost to pluck off the Scales of ignorance from the eyes of the Parliament and People, that they may cleerly see their owne Priviledges, Rights and Liberties, though we have secretly strow’n his way with hott burning Synodean Coales, hee’l not see his Countries good on fire, and not labour to quench it, but save his owne; yea, while we are Blurting it in the Palpit, this damn’d Dog MARTIN will barke out the Truth to our shame. MARTIN’S resolute, how ever hee be esteem’d on by friend of soe, or what ever shall come upon him for his testimony, hee’l tell the people, like a long-tongurd blab, That we informed them in our Pulpits, that the Prelaticall Lord Bishops, while the High Commission Court was in power, while any Ecclesiasticall Endowments, Parsonages, Fluraltisies of Livings, sweet wholsome fatt and fruitfull Tithes could be sucked from their Supremacy over the State and their owne worth, were the true Ministers, Overseers and Ruling Elders of the Church, and therefore magnified their Names, gave them their Titles of honour and Supremacy, as our Reverend Father in God, William, Lord Archbishop of Canterbury, my Lords Grace, (him by whom wee got our Livings) and the like, pray’d for them in our most Sollemne publike Devotion; Almighty and Most mercifull God, which onely workest great marvailes, send down upon our Bishops and Curates, and all Congregations committed to their charge, &c. (wee thanke God he did not heare us) swore Canonicall Obedience unto their Injunctions and Decrees, wore the Surplesse, crowclrd and cring’d to their Altars, were very Religions and Godly observers of their Superstition, delivering those in our severall Parishes up to their High-Commission Tyranny, which out of a good Conscience would not be as servil as our selves to their Idolatry (else how should we have got in our Tithes, though now, God be thanked, and the Parliament, the case is alter’d, wee have an Ordinance for it:) but no sooner was the said Court supprest, and the countenance of the Parliament appear’d against Lord Bishops, so that no hopes of any store of Belly-timber, present or future, was to be had but from the Parliament, they having at that time, the whole strength of the Kingdom in their hands, that immediately hereupon, wee had the Lord Bishops defiance, and declared them to the Parliament, to be Antichristian, and all that had any Dependance upon them, except our good Worships forsooth, a Misterie of Misteries! O sie upon this MARTIN, that Tell-tale, that insufferable wicked MARTIN, that thus tells all to the people; hee’l tell them, That the same reasons and grounds, by which we prove our Presbyterian Classis, are no other but the very same by which in the dayes of the Bishops, wee proved their Ecclesiasticall Jurisdiction, the Authoritie of their Courts, Canons, and Injunctions, and though ere-while, in their suppression, for our own ends, wee condemned those reasons and grounds as Antichristian, rotten, and unfound, yet now we are glad to make use of them, (drest up only in new &illegible; Iinnen) for our Presbytrie, yet so misely, that none, except some few of the MARTIN breed (that see through all our devices, sleights and policy) have &illegible; it, that now, mutato nomine, the title onely chang’d, you have Prelaticall Supremacy under the vizour of clabbing it downe, as absolute &illegible; ever: Hee’l put them in minde of their Protestation, and tell them, that by the same rule they put down the Bishops, they are bound to extirpate the Presbyters (that’s carnall reasoning) however wee haye dearded and plaid the Jesuites with the State: Yea, hee’l goe neere shortly to trace out our very foot-steps, through the subtill Menders, and secret by-pathes of the holy order of the Society of JESV, and parralell all our proceedings with them, and prove us, as indeed we are, absolute Jesaites, (only a little worse) under the reverend Order of Presbytry, that the people may be throughly informed what Cockatrice-egges they hatch in their bosomes, and kill us in the birth, least wee break forth into Ecclesiasticall Serpents venemous and mortall, and bring greater plagues upon them, then ever came by Bishops (seldome comes a better;) for in MARTINS Astrologicall judgement, all the plagues of Egypt were but a flea-biting to what one Presbyterian Thump will be, (&illegible; si possient regales cestibus enses) wee having mortify’d Episcopall &illegible; and possest his Club.

O insufferable MARTIN! all the curses and maledictions of Popes, Bishops and Presbyters light upon thee, to the third and fourth Generation, beyond the dissolution: What, wilt thou never leave tatling? will nothing suffice thee? thou hast told enough sure, doe not discover to the people, that in the laying our Designe, to exalt our selves in the stead of our Spirituall Fathers the Lord Bishops, lately so stiled by us, at the first beginning, after we had fomented jealousies, and principles of divisions betwixt the King and the Parliament (but so, that none knew from whence they came,) not knowing which way the Dice would fall, we kept our selves in a direct Modion Posture, that wee might be sure notwithstanding, which way soever it went, to preserve our owne Interests; yet notwithstanding, wee &illegible; a little at their grossest Superstition and Idolatrie, but so, as with &illegible; no further then the temper of the people, for what they could not beare, that we could be more free to harpe upon, but yet with a gentle and soft touch, so as they might have the found, and the strings preserved for another time, in case our Designe should faile, and for the sufer accomplishment of our intended Advance into the Throne of our Reverend Fathers, we made use of the Piety and sincerity of the Anabaptists and Brownists, too much enrag’d by their Tyranny and cruelty, and knowing that one of Conscience they were in direct enmity to their exorbitant wicked Hierarchie, wee cunningly put them in the fore-front, to give the first onset, to breake the Ice, that wee might wad: after, when we see our mature opportunity, so that in the first division betwixt the King and Parliament, wee ranne then point-blank upon the Kings displeasure, thrust them into the noyse, while like cunning &illegible; we lay at a close guard, and most mysteriously extracted his severall Proclamations and Declarations against them, and so subtilly with one stone kill’d two birds, used them to make way for our supremacy, but so us’d them, that they might be rendred contemptible to the people by the Kings Proclamations, this is a principle Maxime observed by the new Order of &illegible; which we call Presbyters, and that a great while after, even when we began to be seen in the &illegible; all our Pulpits were hush and silent concerning the &illegible; and Brownists, our countenances smooth, blith, and calme towards all of them, as if we had intended the procurement of their* own Rights and Liberties with our owne, thereby the better to engage their persons with the Kings partie, exhaust their purses, impoverish and disinable them, that they might ruine themselves in theraising of us (wisely done!) so to advance our selves with the lesse clamour and noyse, and to make them the more remisse and negligent in solliciting and seeking to Authority in their own particular behalves; they thought all was well (pure &illegible;) and as one man went out, engag’d their Lives, Fortunes and Estates against the &illegible; whilst we &illegible; in our sleeves and laid our designes too &illegible; for their Liberties, while they were honestly busied, and minded nothing &illegible; the generall good, and equall Liberties of all the common people, one as well as another, wee like subtill Foxes at home (to catch the Tith-Fullen) by meer Syn dean slight of hand, cheated the simple hearted silly soules (as we have done the Parliament;) of their owne, and wisely converted the purchase of their blood (ab equis ad asines) even to the heiredome of Sir Johns: But all the while there was imminent necessity of their Assistance, we witely held friendly correspondency with them, were very amiable, peaceable & gentile towards them; O how &illegible; and fawn’d upon them I were sit to stroake them on the heads, and call them our white Bayes, while neatly we flatter’d them out of their Liberties; (O divine pollicy!) and comen’d the fooles of all, (Hoh, hoh, hoh, The Divell he &illegible; aloud:) But when wee had introduced the brethren of the Holy League, (welcome to none but us) wee so joyned their hands in the Syndean Bands of Presbytery, (for charity begins at home,) that their League could not be inviolate, their Covenant (the Bed of their Contract) undofyl’d, if our Presbytry were not concluded (our Brother Marshall and Hinderson were not delegated thither for nothing) for we made it the very condition of the League) else our bellyes would be grumbl’d at our folly another day, and arose up in judgement against us,) so that the mutuall welfare and ruine of Two Kingdomes became subordinate to our Exaltation (&illegible; no matter who stands or falls, so wee rise.) And in the very nick of this Kingdomes necessity of their Assistance (when wee had gormundized, guzzl’d and swild up more then would have paid the Parliaments Armie at &illegible; green) we &illegible; catch’d at the advantage (for we watch’d for’r, as the cat watch’d for a Mouse) and therewith (like godly Divines) we wisely (take us ignorant for our bellies, and knock out our teeth) glose’d over our policy, spiritualiz’d our craft (for Wee (though none else) can &illegible; &illegible; birds with chosse) that insensibly we interwoave our own Intercts with the state of Two Kingdomes, their &illegible; concurrence, and warre-like Assistance could not be without our. Presbyterian Advance; And thus as soon as we had by our plausible pretences, hook’d in a sufficient partyy without those silly Sectaries, to doe our Presbyterian &illegible; (as &illegible; very sit;) and possessens of the holy Inheritance, (which we have long &illegible; for &illegible; patries inquirit in &illegible;) forthwith lite divine Machiavels, we chang’d our Posture, fac’d about, wherour tongues bent our bowes, set up our hornes, star’d like Divels, laid about us (like so many &illegible; at a &illegible;) thump’d the &illegible; and made all the pulpits in London, but more especially St. Margarets Westminster, to ring against the Anabaptists, Brownists, &c. so lowd, that the Divine Eocho thereof might easily be heard beyond the River Tweed: yea, like Noble Renegadoes, wee quickly plac’d Jockey in the right wing, Sir John in the left wing, and OLD NICK in the Batalia, and seeing the Sectaries had Tolleration in their right wing, no Tythes in their left wing, and Christ in the Battalle; wee wheel’d both wings into the Battalle, and facing to our Leader, discharg’d all in a triplicity upon them bravely resolving to take Christ Prisoner, make him a Presbyter, kill all his Sectaries, rout the Independants, and make them runne like sheep before the Wolfe, as fast as our &illegible; at Marston-more: This is our predicatory Prowesse, when we advance into the Pulpit, wee can draw up our Armies, conquer, and bring home the spoile in a trice, and one man there can chase a thousand Sectaries before him (well fare a good Ordinance.) And least they should fall upon our reare, under the pretence of suppressing the Kings papers, wee bounded the Presses within our Presbyterian Compasse, that they could not without hazard of plundering, tranferesse our Reverend Imprimatur; then out issue our witlesse Seholastick Tractates against the Anabaptists, &c. having thus neatly slopt their mouthes (dolus an virtus, quos in boste requiris?) we sophisticated their Arguments, detracted from their validity, rendered them ridiculous, irrationall, empty, and vaine, (as well as we could) and then with our pollitick Answares, we present them to the people with an Imprimatur, JAMES CRANFORD, or the like: We employ Dr. Featlys Divel (a very Reverend able Ten pound Sir John,) to make a Description of the Anabaptist, &c. and this settle spirit, for the love hee beares to the Black Tribe, at the Doctors discease, transmigrated into Old &illegible; Pagits, (&illegible; &illegible; the Divell dend in a day ditch) so that the good old man, to confuse the Mortallity of the Soule, hath made himself sure of an Immortall Spirit, (good Lord deliver us) wherewith he is able (if you will beleeve him) to prove all Horesy that doth detract from the fat Tithes, and large Revenues of the Clergy, for (to give the Divell his due) it was truly said, (as that Spirit gave him utterance,) that to take away our &illegible; is vccidare Presbyterium, death to the whole Order of Presbyters, Hecesiogr. pag. 71. for indeed as our brother Burges said, Wee love no such toothlesse Preaching; if there be not discreet Tyth-gathering (Sedgw. Serns. Jere. 4. 3. pag. 269.) Wee must gave over Preaching, and good reason, for indeed MARTIN hit the nayle oath head, when he told you, our tongues are even with our &illegible; but hang him Roague, doe not beleeve him, wee are the Ministers of Jesus Christ, MARTINS an Heretick; doe you thinke wee’l preach the Word of God in vaine, to content our selves with the good will of the Vulgar: O &illegible; blasphemy! a sinne not to be named amongst the Saints, (considering they are now turn’d Presbyters:) wee set up Lecturers in severall places to knock them downe, (as the Butchers in Eastcheape knock downe their Oxen,) suffer none in the Ministry, that are not Presbyterian; tell the Parliament and People, That God would never &illegible; holy endeavours for Reformation, nor cause their Armies to prosper, so long as they were suffered amongst us, (though in our consciences we know the contrary, but it’s no matter for that) for they’l pay no Tithes, but blasphame the Ordinance, gather Congregations among us, who are as poore as themselves (exceptis excipiendis, only a few Tyth-Pullers excepted) getting our fattest sheep from us (O Heresy! Heresy!) which we like not (quoth Old Ephrains, ibid. pag. 71.) By their meanes also our Vailes for burialls and Christennings is in a manner ceast, which were a great help too; ibid. pag. ibid. Thus is the worke of the LORD hindered; thus these Sanhollars and &illegible; these Arabians, Ammonites and &illegible; conspire together to hinder our Worke: and &illegible; our Learned Phisitian prescribeth, [&illegible; Policy beyond thought, to ingage so good a &illegible; in so desperate a Cure,Dr. Bastwick, Indepen. not Gods Or. p. 52. for the Whole need no Phisitian.] They gather the sheep, and them the good and sat sheep [which were wont to being the best Tyth-Lambes] with good sleeces on their backs: yea, the Velvet-sheep, and the Satsin and Taffiny sheep out of our &illegible; [enough to make a Presbyter turn Independant:] This is an insufferable abuse to my sonne Jack,ibid. it’s even fit to turne his stomack the Independent side outward, were it not for the Restorative Ordinance for Tithee, for Brethren, it is a wickednesse not to he suffered by the* Common Counsell of Presbyters; for if they get the fat sheep from us, let them take the leane-ones too, is it fit that the Ministers of Jesus Christ should be sed with leane raseally Mutton, wee cannot preach the Gospel at that rate, wee must have sat Tyth-Lambs, good sprucy Tassety-Mutton, gallant porklin Tith-pigges, and abundance of Pollen, else how should we Preach think you? Thus much under the Rose: these things must be kept from MARTIN, for should MARTIN acquaint the people therewith, they being fully informed, that no Armies in the Kingdome, neither now have, or ever had better successe then those wherein the Anabaptists, &c. have been most entertained, and that their demeanours in all places where they have come, have beene most regular, humane, civill, and honest of any other &illegible; that they have taken no mans One nor Also, converted no mans goods to their owne use, used cruelty and inhumanity to none, like as others have done: this wee say, if MARTIN, [that seurvie rotten forlorne Priest, &illegible; bred for us,] should reveale, the People will presently conclude, as well they may, that nothing else is the reason of all this clamour and out-cry against them, but the fiery and servent real wee alwayes have to our Ritchings, Spitts, Flesh-pots, &c. whereunto the Independents are now the only enemies, and therefore not to be suffered in the Armies, least by the blessing of God upon their faithfull endeavours, they should merit too much favour from the State: And to prevent this, what course have we not try’d? What stone have wee last unturnd? Had wee not effected the disbanding all Independents out of the Earles Army in the West, had not superiour Pollicy dispanded all, and borrowed their Armes a little in jeast, wee had a speciall care of them in the new &illegible; and those that remaine, wee turne them out of their places as fast as we can, where we can out them without noyse, it is presently done, wee have laid rods in pisse for Cromwell, let him take heed of a Scotch —— [but whist there, that must not be &illegible; of yet,] hee must be talked withall, another course must be taken with Hereticks, or else our Brethren cannot further engage, [God speed them well home again, and let all the people in the Kingdome say, AMEN.] These Sectaries, if they might be assured of their Liberties, would doe the Statebetter service, without plundering or oppressing the poore people in the North, raising the price of Coles, enraging the Sea-men to violence, or involving the Kingdome in irrecoverable debt, &c. but wee had better never obtain Conquest, as gaine it by the Sectaries, as our Brother Ash, the Earle of Manchesters Chaplaine said of the Conquest at Yorke. We cannot but laugh, to thinke how prittily, at a distance, we effected our &illegible; Designe, at a fourth and &illegible; hand, [for wee have &illegible; Masters of that must Excellent &illegible;] we fill’d wondors into their heads, made them Castles in the Ayre, and may goe the fooles by whole Ship fulls, a cleanly conveyance. ha, ha, hah, procul bine proculite prophani, pack hence ye &illegible; but heres the spite, MARTIN staies behind, wee are afraid hee’l discover our Knavery in the Ieish Designe, for if we intended good to them, we might as well tolerate them in England as in Ireland, for if their Toleration in England by our Covenant be unlawfull, it is as unlawfull in Ireland, for our Covenant is as binding there as here; O that wee had them once out of their Habitations, Possessions, &c. but that cursed MARTIN will perswade them to spit on their hands, and take better hold, hee I advise them, first to discharge their duty to their own native bleeding Kingdome, as even Nature bindes them, and in the faithfull prosecution thereof, patiently to expect the blessing of God upon their endeavours, for the LORD is able to deliver them. If MARTIN tell his Brethren of this, they I conclude, it is high time to look about them, hee is such a Tell-tale, hee &illegible; to disclose it, wee know not how to crust him, hee’l tell the people, that wee forged the New Ordinance [that none may Preach that is not ordained Minister,] on purpose to make them, (to use the Doctors Phrase) &illegible; before us, like Lightning before the Thunder, and to this end, suck Bills upon the posts to assemble the &illegible; Multitude in Bell-Ally in Coleman street, London, to put that sacred Ordinance in execution, to pull downe their place of meeting, stone them, commit outrage upon them, drag them tumultuously to prison, stop their mouthes with violence and cruelty, and seeing this took little effect, caused the discharge of Five or Sixe Bullets, while they &illegible; the Service of God, into one of their &illegible; houses amongst them, and that our Brother Edwards saith, if these Sectaries will not submit, there are Stones enough in the streets is force them, this is the Liberty we ever intended for these Sectaries, let them fight as long as they will, they know their wares, if wee may be their pay-masters to their Preaching in the Army is very destructive to our Cloath, therefore the Ordinance was wisely commended to his Excellency, Sir Thomas Fairfax to be executed there, which occasioned a pritty Story betwixt an English-man, and one of Jimmy’s &illegible; Countrey-men, quoth the Scotchman; Man, is it fit that Colonell Cromwells Souldiers should Preach in their Quarters, to take away the Ministeriall function out of the Ministers hands? Why man (quoth the Englishman) doe they so? quoth the Scotchman, I say man it is a common thing amongst them, truly saith the Englishman, I remember they made a gallant Sermon at Marston-Moore neer York, (where they &illegible; Instruments to save this Kingdome) but your Countrey-men were in such a fright, they durst not stay to heare them: MARTIN prays (notwithstanding the Ordinance) they may make many such Sermons, for that was one of the best Sermons that hath been preached in the Kingdome since our troubles began.

Hee’l tell the people, That the Order of Jesuites may become Disciples to the Order of Presbyters for Equivocations, Mentall Reservations, Dispensation of Oathes, Covenants, &c. that wee make nothing to sweare and forsweare, sweare Canonicall Obedience to all Episcopall Rites, Injunctions and Decrees over and over againe, so long as it stands with our owne Interests, but if our Interest depart from that, and be removed to the direct contrary, we abjure the first, and sweare the direct contradictory Oath, as becommeth the men of our cloath, for the honour and support thereof, as our divine practice plainly confirmeth, and in our Exhortation to the taking of the League and Covenant is evident, pag. 4. where (to clear our selves from Perjury,) it is thus written, And as for those Clergy-men, who pretend, that they (above all others) cannot Covenant to extirpate that Government, because they have (as they say) taken a solemne Oath to obey the Bishops, &c. they can tell, if they please, That they that have &illegible; Obedience to the Lawes of the Land, are not thereby prohibited from indeavouring by all lawfull meanes the abolishment of those Lawes, whom they prove inconvenient or misobievous, &c. so that though we have sworn never so sollemnly to them for our former vantage and presoement, yet now their continuance being inconvenient and misobievous to our Classicall exaltation we may lawfully swear (Having so good a ground) the direct contrary Oath: hee’l tell you, how to iusble them out of their Throne to intrude in our selves, we declar’d them to be Antichristian; and now to retain our Ministeriall function and Ordination, wee tell you they were Christian, to wit, Presbytess assisted with other Presbytess, and therefore our Ordination and Calling from them was &illegible; divine, and as our Brother Edwards in his reasons against Toleration saith, the lesse is blessed of the greater, therefore our calling from them is as blessed as theirs could be from the Pope; truly, is MARTIN shou’d send this Newes to our Brethren of the Society of JESV, they would goe neer to write a Congratulatory Epistle to us (as our Brother Lysimachus Nicanor, of that venerabl: Society did to our Brethreu of Scotland) for our happy union with them in their fundamentalls, for indeed, the Pope is as truly Christian, and his Function as equally jure divino, as our Presbytery, convey’d from his Holinesse by our Fathers the late Lord Bishops upon us, and therefore as certainly and lawfully as wee wisely retaine our Ordination from them, and convey it to others, even so certainly and lawfully their Function is justifyable, for it is impossible a clean thing should come out of an uncleane, but it was inconvenient and mischievous to our exaltation, therefore not of divine Right, but Antichristian, Popish and Humane, onely in that sense you must observe (for wee are excellent at such profitable distinctions) and so no longer to be retained, and our Oathes to them no longer obligatory, &c.

Hee’l tell the people, now wee have outed their Lordships that wee contrive Oathes and Covenants meerly to ensnare and catch the People in our wiles, make them carry a face of Reformation according to the Word of God, and thereby betray their innocent subscription to our Presbyterian construction, and necessitate from them the ascription of an infallability to us, as our Brother Edwards wisely gloss’d upon the Covenant, tying the hands of the Parliament, now they have sworne from that which in it self is lawfull, and their duty to performe, necessitating them to compell all men to the Decrees and Dictates of our Assembly, and that all our conclusions are infallibly, according to the mind of Christ, this was wisely, though something too publikely observ’d in our Brothers Antipollogie; Wee discovered no such thing in the &illegible; of the Covenant (to speake it amongst our selves) yet indeed it is to be taken according to the proportion of faith once delivered unto the Saints from our Brethren in Scotland, in the holy Scripture responsorie to the Marquesse of Hamiltons Declaration, where it is &illegible; written, The swearer is not bound to the meaning of the prescriber of the Oath, nor to his own meaning, but is obliged to the reallity, &illegible; so that though it hath been exacted and taken diversly, yet neither the sense of the one, nor the meaning of the other, but &illegible; rei &illegible; in English, Presbyterian Supremacy is the thing sworne to, an Equivocation (if but considered) beyond the subtilty of the society of JESU, so that neither exacter or taker either knew what was exacted or taken, but all swore they knew not what, till our Brother Edwards and some others (matters growing to some in &illegible; for &illegible;) unfolded the Mistery; for indeed wee so walke, as we have then for our ensample in all &illegible; and subtilty,* they middle not with the Kickes of England Ireland, only recommend to us the puttern shown in the &illegible; and therefore it was wisely and fitly spoken concerning us, by our Brother Marshall,* Here you may see a &illegible; Assembly of grave and &illegible; Divines, who &illegible; wait upon the Angell in the Mount, to receive from him the lively Oracles, and the pattern of Gods House to present &illegible; it.

Now this profane MARTIN would know of us, what Countrey-man the Angell was, of whom wee receive the patterne of our &illegible; Discipline, and if it were not the Angell, with whom the Earle of &illegible; once wrestled; being encompassed with his brightnesse on the verge of the Mount; And whether the Mount were not Dance-Hill, [which by translation out of the Originall] by the Divines in Scotland, is Englished Mount-Sion?

Yea, hee’l discover to the people our bloody. Designe we have in agitation against all Independants, A subaptists, Brownists, &c. to torment them and the whole Kingdome, with a New High-Commission Court, which with all zeal and fervency we hotly prosecute, and with plots and godly pretendes [as the present growth of Heresies and preventing their secure increase, that God may be one, and his Name one in the whole Kingdome) endeavour to archieve it, that wee may have power to conveat &illegible; examine them upon Oath to such and such &illegible; as in our divine wisedome; wee shall demand, censure, judge and inslict punishments, whether to inprisonments, losse of &illegible; Punishment or execution of death, as it shall seem good unto the holy Ghost (&illegible; &illegible;) and Us, hee’l tell the people, that Mr. &illegible; one of our holy &illegible; in the Ministery said, the Parliament had more mercy upon the Anabaptists then they did deserve, in rejecting the Proposition of the Divines, to have the Anabaptists pronounced Hereticks, that they might be put to death according to Law; hee’l tell the people, how we set our holy Brother, Old Ephraim Pagit, to incence the Parliament, Countrey and people against them in his &illegible; who in his Epistle Dedicatory, besides what &illegible; he breatheth against them and others throughout his Book, saith, the Illuminated Anabaptists, who &illegible; &illegible; the &illegible; of Children to be the &illegible; of the Beast, &c. where he adjudgeth their doctrine blasphemous, and afterwards in the same Epistle saith, such whose Heresies are blasphemous in doctrine, or dangerous to the State, deserve &illegible; &c. and in the Epistle to the Reader, he &illegible; the Kingdome of England and Scotland, the Parliament and people in this our bloody Designe by Oath and Covenant to make havock, massacrie and Martyrdome of all Sectaries in the Kingdome, saying, God forbid, but that you should keep your Covenant, and oath wherewith you bound your selves in the presence of God, to suppresse all errou’s, Heresies and &illegible; which wee ministred, and you received with great &illegible; by which our &illegible; nature, our blood-thirsty insatiable desires, our ravenous salvage inhumane malice and envy after the blood of the Sectaries is most evident: MARTIN will endeavour to diswade the Parliament from assenting to this bloody Designe, that they be not guilty with us of the blood of the Saints and Martyrs of JESUS, these cursed Hereticks, that profane the Ordinance for Tithes; yea, hee’l informe the people hereof, that they may Petition against Vs, that our sury may be abated, our Power restrained, and this Cockatrice &illegible; in the shell, that to use Old Ephraims own words,&illegible; to Read. they may recover themselves out of the &illegible; of the Divell.

For indeed, Sir Johns gumnies being lately rub’d with a Parliament Corrall, (the &illegible; Ordinance that name &illegible; Preach that is not Ordained a Minister) is mad to put his Boarish Tusks, his huge great &illegible; sangs in execution, to devour, rend, teare and crush these Hereticks; and therefore we wisely consulted amongst our selves, of a Committee of Examinations, to be chosen out of us: it must not be esteemed a foundation to a Court of Inquisition, that’s Popery: nor a renovation of the High-Commission, that’s Antichristian, only an Inlet to a thorough Reformation Court, that’s a godly name, and may doe much good, but we doe not very well like the name of Court, that may be offensive to the people, we shall give it a better Name, more suitable to the government of the State; Dr. Bastwick and Jockey shall be Godfathers, and the whore of Babylon Godmother, and it shall be christned, COMMON-COVNCELL OF PRESBYTERS, (Here’s like to be a City well govern’d!) but it is not yet fit to be known by that name, while the child’s in the cradle, when it can goe alone, it will be a pritty play-fellow for my sonne Jack, if the Doctor can but cure him of the Martin, ’tis true, he hath given him a good Cordiall against some Independant Qualmes, wherewith my son Jack hath been much oppress’d, since Mr. Prynne hath been out-law’d by the Gospell, his Volluminous errours had the benefit (Sir Reverence) of the peoples posteriours, to correct them, (Let the Doctor have a care of his Bills,) num in posteriori pagine omnia sua sic &illegible; Errata, that’s a signe of some grace; who say’s Mr. Prinnes not an honest man, that hath consecrated so much to such a reverent use? but hee shall have a better place when it falls, hee’s in the High-way of preferrment; he doth supply the place of an Informer already, for he must doe a little druggery before he be a Judge: If this Designe prosper, our Synodean Committee of Presbyters, will gradually, step after step, by faire and plausible pretences, get the full power of a Spanish Inquisition, into their Intergatory Committee; should MARTIN know this, hee would advise the people to remember the High-Commission Intergatories, &c. what bondage and slavery, what Tyranny, oppression and cruelty they were thereby subjected to, and how they have exausted their Estates, ruined their Families, their Wives and Children, and spent their blood to free this Nation from that insufferable thraldome, which was esteemed and declared both by Parliament and People as directly opposite, and destructive to the being of a Free people, and therefore the said Court was justly suppressed; should this come to MARTINS eare, hee would engage his life to break the neck of this Designe; rather then see the people engage their Lives, Fortunes, and Estates for the Redemption of their Freedome, and in the mean time be cheated of their purchase, and hold his Peace, MARTIN will push at this, though hee perish in the attempt, dulce est pro patria mori: hee’l tell the City and People how we endeavour with might and maine, to Advance the Prerogative Power of the Lord Major and Aldermen, whereby the Citie and People have been, and are most grosly enslaved, left destitute of a just meanes to preserve themselves, ease their miseries, or redresse their abuses, except the Lord Major and Aldermen will assent, and that no Petition or Remonstrance of any oppression or misery can have a free passage for Redresse unto the Parliament, but what pleaseth their Prerogativeship, they having Power to null and frustrate what they please, contrary to the being of such a free People, the priviledge of a free Counsell, or Commoners chosen scorn among themselves, to whom the Power of the City is &illegible; and in whom of right it recideth, as the Power of the Kingdome is of right in the Parliament, and that wee advance their Prerogative so slylie, as we would not be knowne to have a hand in it, exhort them in our Sermons, to lay aside all Priviledges, and minde the publike Cause, the Cause of our Lord Jesus Christ, and the like, thereby to make them the more remisse after their owne Rights, while in the time of laying our Principles to our High Commission Court, and other &illegible; above the people, we stop all opposition and controule of the City that may be made against our exorbitant proceedings, having made his Lordships Prerogative our owne, whereby we shut the gates against all redresse of their misery or complaint that may be raised against us, and so the more securely lay the foundation to our rising ambition, and goe on without any considerable controule, MARTIN, he sees into our knavery, and would have as dealt withall according to our villany, or any that should goe about to betray the just liberty of so famous a Citie, whereupon the freedome of the whole Kingdom is dependent unto Prerogative usurpation, were he as great as Gurney, that was sent to the Tower.

These and a thousand other of our Villanies hath MARTIN in his Budget, wherefore we pray thee MARTIN, deale not thus unkindly with us, we pray thee be silent, we know thou art an able man, and may doe us much good service, if our terrours cannot fright thee good MARTIN let us bribe thee, if thou hast but a small Living, thou shalt have a Call from God to a greater, we are wont to doe so, can fast and humble our selves most solemnly to know, to which of the twaine God hath call’d us, whether to stay where wee are, or else goe to a fatter, and we are alwayes (God be thanked) call’d to the fattest: If MARTIN will but improve his witts for our advance above the State, hee shall be to us in stead of our Champions Dr. Burges, and Mr. Edwards, even &illegible; the King of &illegible; and Sebon King of the Amorites, to fight our battells against the &illegible; Brownists, and all manner of Sectaries, he shall have the 400 l. that is &illegible; for his life, present pay, and a thousand, &illegible; every &illegible; day per annum; If MARTIN will be our Great Philistim, hee shall be armed with St. Peters Keyes at his girdle, St. Pauls Back-sword at his side, and a Scotch-Dagger at his back, in his hand he shall have a Classicall Club, as bigge as a Wearers &illegible; wee’l put the poyson of Aspes under his tongue, fill his mouth with cursing and bitternesse, teach him the most Excellent Art of &illegible; Sophistication of Texts, &c. &illegible; him with madnesse and mallice against the people of God, fill him with Ambition, Pride and &illegible; make him as swift to shed their blood, as a Butcher is to kill &illegible; let him want nothing to make him a compleat Presbyter, this will wee doe for MARTIN, but the Villane is so cordeall to the common good, that no &illegible; must &illegible; to be reposed in him, wherefore no mercy must be had of him, and this our pleasure for his speedy &illegible; we command all those whom it may concerne, faithfully to put in execution, as they tender Our High Displeasure.

WILLIAM TWISSF. &illegible;

CORNELIVS BVRGES. Assessor.

JOHN WHITE. Assessor.

Adoniram Byfeild } Scribes.
Hon. &illegible;

FINIS.

Endnotes

 [* ] At in Assembly of about an 100. Priests, at Mr. Calamy’s (a London Priest) about a Petition against the Bishops, and &illegible; &illegible; that Heresies would further spread, if bishops were put downe, the Priests hereupon &illegible; Mr. Green, and Mr. Spencer, of the &illegible; Congregations, to desire them, that &illegible; time they would suspend their open meetings, and be more private in their practice, for their publike meeting was an obstacle to the suppresion of the bishops, and afterwards &illegible; might have free liberty of their &illegible; & the words were uttered by Calamy, was it now so violent against their toleration.

 [* ] &illegible; to &illegible; &illegible; &illegible;

 [* ] &illegible; &illegible; the &illegible; City & &illegible;

 

 


10.5. John Lilburne, Innocency and Truth justified (6 January, 1646)

Bibliographical Information

Full title

John Lilburne, Innocency and Truth justified. First against the unjust aspersions of W. Prinn, affirmed in the 17th. page of his pamphlet, called A fresh discovery of Prodigious New wandring blazing Stars and Fire Brands, in eight lines of which there is above a dozen of untruths cleerly laid open. Next, by a just moderate reply, to his other pamphlet, called The Lyar confounded, in which the case of Leiu. Coll. Lilburns imprisonment is truly stated, Legally discussed, and vindicated, from the miserable misstatedness thereof by William Prinn. As also by a Cleere Manifestation of the strong and malitious indeavour of W. Prinn, unjustly to take away L.C. Lilburns life, by groundlesse accusing him of High Treason, in designing and plotting to suppresse and cut of this present Parliament by Force of Armes; But Lieu. Coll. Lilburn challengeth William Prinn and all his associates in England to justice and legally prove the same, if he can. Unto whichis annexed a Coppy of a letter written by L.C.L. to one of his special friends when he was in his cruell close imprisonment, in the Common Goale of the Fleet wherein is a large discovery of those soule ravishing Comforts, Ioyes, and Supportations, which he then constantly injoyed, from the Fountains of all Comforts, Published now for the incouragement of the Saints, cheerlfully to suffer afflictions and sorrowes for the sake and cause of their Lord and Master.

Heb. 10. 16, 17, 29. For if we sin willfully after that we have received the knowledge of the truth, there remaineth no more sacrifice for sins. But a certaine fearefull looking for of judgement, and fiery indignation, which shall devoure the adversaries. Of how much sorer punishments suppose ye shall be thought worthy, who hath troden under foot the foes of God, and hath counted the blood of the Covenant, where with he was sanctified an unholy thing, and hath done despite unto the spirit of grace.

Math. 10. 22. And ye shall be hated by all men for my sake; but he that endures to the end shall bee saved.

Mic. 5. 20. Blessed are they who are persecuted for righteousnesse sake; for theirs in the Kingdom of heaven.

I Pet. 4. 22 Beloved, thinke it not strange concerning the fiery tryall, which is to try you, as though some strange thing happened unto you.

Printed in the Yeare, 1645.

Estimated date of publication

6 January, 1646.

Thomason Tracts Catalog information

TT1, p. 413; E. 314. (21.)

LWV

T.53 [1646.01.06] (10.5) John Lilburne, Innocency and Truth justified (6 January, 1646).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Innocency and Truth justified, &c.

To all the Lambs, Redremed ours strading on the Mount Sion, having their Fathers name written on their foreheads, ready to be his will and mind, and to follow him whersoever he goes, not loving their lives unto the death, Grace, Mercy, Truth and Perseverance from God the father his multiplyed.

DEare and well beloved brethren, it was the lot and portion of our only Lord and Master Jesus Christ, to be persecuted, reviled, reproached, and counted a Troubler of the World, and one not fit to breath therein: And this even by his owne Countrey men and friends, and if we his servants meet with the same measure, he hath commanded us not to be dismayed or troubled: and the reason is, because the servant is not above the master: And withall, that we might goe on cheerfully in bearing the yoake of our master, he hath ingaged himself to beare part of it with us, and takes all that is done to us for adhearing to him, as done unto himselfe, Acts 9. 4.

And therefore, saith the spirit of God, in all their afflictions, he was afflicted, & the Angel of his presence saved them, Esay 63. 9: Paul, Peter and Iohn, found these sayings of their master true, and had their Portion in afflictions in an extraordinary manner, but yet tasted largely of the faithfulnesse of their masters promise, which was to be with them, in them; which made Paul glory in his tribulations, and to say, that as his afflictions did abound, so much more his consolations; and Pauls portion in these expressions and injoyments, I my selfe have been made partaker of, in my great and pressing tribulations, which I under went in the Bishops dayes, as in this my insuing epistle written in the yeare 1638. to a speciall friend of mine, you may largely understand, and having had a large portion of sorrowes all along both before and since, throughout my Pilgrimage in this present Valle of teares.

And having had my spirit mightily refreshed and carried above the world, and the lash of my bitter adversaries, by calling to mind my by past experience and refreshings, that I have injoyed from that Fountaine of fulnesse, that hath for many yeares together been my sensible injoyed portion: and amongst all the Writings and Declarations of Gods Love and Kindnesse manifested to me in my sorrowes, this following Epistle hath most affected and taken nonspirit with greatest &illegible; which hath made me many times full of longing desires to have it published, for the incouraging of the Saints to incounter with difficulties in the cause and quarrell of their Lord and Master, and not to be afraid of bonds nor imprisonments.

And having lately been extraordinarily pursued with my quondam friend William Prinn, as if nothing but my life and blood would satisfie his turne, I shall not now particularly recite, what hath passed already betwixt us, but refer you to what I have already written, especially my printed reasons, delivered in against him to the Committee of &illegible; in May &illegible; I confesse I take small &illegible; with &illegible; with such a man as William Prinn is, who takes so much elbow roome to tell untruths, without consideration what he saith, as if he had been bread thereunto, and as if there were no God in Heaven to judge righteously or no man left upon earth that had so much honestie in him, as to take notice what he saith, were it not that I were extraordinarily forced by the violence of him, and his partakers, miny of which have but little knowledge, & as little Judgement to judge of things between us; but only because William Prinn saith it, I shall therefore in the first place begin with his booke called, A fresh discovery of prodigient new, wandring blazing Stars, and Fire-brands: And to let passe those bundel of Falshoods contained in the severall Pages of that booke, the bare naming and &illegible; of which, are able to fill a &illegible; &illegible; I shall at present only insist upon a few lines in the 17. Page, and by what you find there, you may judge of all the rest. His words are as followeth.

And not contented herewith, they lately conspired together to exhibit a Petition to the Parliament for present disolving the Assemblle and sending them hence to Countrey Cures (to prevent the setling of any Church Government, to which and they met at the &illegible; &illegible; where &illegible; Coll. Iohn Lilburun (&illegible; Instrument for such a seditions design) &illegible; in the &illegible; and Mr. Hugh Peters suggested the advice which was accordingly inserted in is the Petition, but the Common Counsell man swelling out the designe, when the Petition &illegible; to there hands &illegible; discreetly left out that request as sedition and unjust.

For answer unto which, I desire to &illegible; you that immediately after the losse of &illegible; there were divert persons of severall quallities, Citizens of London, and divert of them of very &illegible; &illegible; met at the &illegible; &illegible; in the Old Jury to confer together, and to consider of something for the good of the City and Kingdome, after so great a &illegible; &illegible; was generally judged to her and after a long debait of many things, the whole company then present, being about 2. or 300. chaseout about 16. persons then present by way of a Committee, to draw up a Petition against the next morning, to be presented to their &illegible; and consideration: and amongst the rest my selfe was fine, but I doe professe for above the third &illegible; of those that were called the committee, I had never converted with them before in thy life, nor &illegible; know their faces, and therefore no wise &illegible; &illegible; judge us such fooles being strangers each to other, as to enter into any conspiracie.

Secondly, That I face in the Chaire, which is most false also, for it was one Mr. Lee a meere stranger to me, and one who to my knowledge I never changed one word with before, in all my life.

Thirdly, he saith &illegible; &illegible; was, for present dissolving the Assembly and sending them home to Countrey cures, which it most untrue; for all that was debaited was, but the proroging of them for a Month or six Weekes, that so they might goe downe into the Association, and use their interest amongst the People for their universall rising to prevent the Kings breaking in amongst them; which was then generally, much feared, and was then looked upon as a designe the which if the King could accomplish) tending to the speedy mine of the Parliament, and the cause they have all this while been a managings and I hope no true lover of the Parliament, will be offended at our good intentions and desires at that time, of so publique distractions for theirs and the Kingdomes preservation; which was the uttermost that to my knowledge was in any mans eye and intention there.

In the fourth place, he saith our conspiracy was to prevent the setling of Church Government, which is a fourth untruth, for that was not any part of our end or meeting, nor to my rememberance any of our debaite.

Fiftly, he saith that Mr. Hugh Peter, suggested the advice, which is a trible untruth for first, he was not there, and to any remembrance, I never saw him there in my life, and therefore, 2. He could not suggest the advice, neither 3. was there at all to my remembrance any such advice, as he speakes of amongst us; for the chiefe advice that was about this businesse, was not from Mr. Peters, but from Major Sallaway of London, one that is reputed a wise and moderate man, and one that will looke well before him, before he leaps, and his advice was given upon this question, being stated amongst us, seeing the King had taken Leicester, which we all looked upon as a great losse, not only to the Kingdome, but especially to the City of London in stopping provisions that used to come out of many Countreys; and seeing, Sir Thomas Fairfax with his Army was at Oxford, and the King in a faire way to take Cambridge, and other places in the Association, the preventing of which wee looked upon to be, of extraordinary consequence to both the Kingdome and City, and therefore &illegible; the question, what in our apprehensions was the best way, to prevent him, and it was agreed upon generally, that speedily to raise the whole Association, was the only present way to prevent him.

And then the second question was, which was the most effectuall way to raise them, and amongst other things, it was conceived by all, that if the Ministers in the Assembly would for a little time rejurne, and the most of them imploy their parts and interests amongst the people, it would be one speciall meanes to effect the thing desireds and Maier &illegible; did then tell us, he thought such a desire would be well pleasing to the Ministers themselves; for saith he, this evening I came from Westminster with a Minister of the Assemblie, (and a notable Presbiterian,) and we had discourse of this very thing, and he to me made it his desire, that if I did come to any meeting where there was any Intention of a publique Petition, that I would use my endeavours, to get the desire of having the Assemblie rejurned for a, little time, that so they might use their utmost endeavours as well as Commanders and Souldiers, to helpe to save the publique, and upon this advice and information, we were swayed to thinke of this.

His eighth or ninth untruth is, that he affirmes we did accordingly insert into our petition, our desire of dissolving the Assembly, which is most false; for it was only that for a short time it might be proroged, as by the Originall of the Petition, yet remaining will be made to appeare.

But in the tenth place saith he, the Common Counsell men smelling out the designe, when the Petition came to their hands, most discreetly left out that request as seditious and unjust; to which I answer, first, the Common Counsell men could smell out no designe about that, for there was no such thing in it as he speakes off and secondly, that which we had put in it about proroging the Assemblie, we our selvs upon debait the next morning blotted out, before ever the Petition was &illegible; and then thirdly, neither what he saith nor what we had once put into the Petition came in it to their hands and therefore fourthly, to give him 13. or 14. untruths to the dozzen in less then 3. &illegible; being he is so constant a trader in them & ingroser of them, they neither did nor could most discreetly leave out that request as seditious and unjust, that never came to their hands, is the Petition in print presented to them will declare and prove.

But if William Prinn say, I have spoken or written in these particular that which is false and so abuse him, I challenge him at the same, or any other place in London, to give me a publique meeting, and let him bring as many of his friends along with him as he pleaseth, and I will to his face by good and lawfull testimony, not only by Independants, but by honest Presbyterians, and good and &illegible; Common wealths men, disprove every particular before mentioned, that he affirmes (not by heare say but positively, as if he had seene and known them all out of his owne knowledge) to be reall truths, and also will make it appeare to his &illegible; in above 40. more Particulars in that booke and a letter, that he is a &illegible; and wilfull falsifyer of the truth, and such an Incendiary against just, honest, and peaceable Common Wealths men, that neither the whole Society of Lawyers, nor the whole Kingdome hath his fellow; and which, if his troublesome spirit continue still in his &illegible; provocations, I shall publiquely in print doe and call it, (in opposition to his late booke called the Lyer confounded) the lying Lawyer confounded.

Surely such uniust, unchristian, and inhumane practises as these are, &illegible; &illegible; stand admiting, that William Prinn who formerly professed to have a conscience, and not only to walks by principles of morallytie, which by nature are engrared in the hearts of the very Heathen, I meane especially to doe as they would be done unto, but likewise by divine principles (which in some measure were demonstrated by his sufferings) that he should be so far degenerated, as to walke and act below the principles of a common Christian, than in my apprehension he commeth short of a civill moralized Heathen, his late bookes being so fraughted with bloody and malitious &illegible; and untruths, as though his greatest designe were to destroy all the generation of the &illegible; that doe but differ from him. I wish he would consider what the Apostle saith Heb. 6. 4. 5. 6. For it is impossible for those that were once enlightned, & have tasted of the heavenly gift, and &illegible; &illegible; partakers of the Holy Ghost, and have tasted of the goodnesse of God and the powers of the world to come, if they shall &illegible; away, to renew them againe unto repentance, seeing they crucifie to themselves the Sonne of God &illegible; and &illegible; him to an open &illegible;

In the second place, I come to examine a few things in his late refutation against me, called the Lyer &illegible; though? confesse for &illegible; owne peace and quietnesse sake, I had intended to have given it no other answer, then what is done in the house of Commons order, that set me at libertie, had not divers of his Abetters so extraordinaryly provoked me by their lies and false reports, as though I had come out of prison by some base wayes or meanes, “and that only upon baile. But that upon I know not what grounds and reasons of Clemency, and Mercy from some persons of great quallitie, in whose power it was and is shall to destroy me: for the head of the plot he mentions in his 27. page. I shall therefore for the present vindication of my reputation, without the desire of picking any new quarrells with any man, mentioned in that his worthlesse and incendiary booke, or without the staining of the reputation of any member of the house of Commons, much lesse of the house it selfe, with whom I hope to injoy a better understanding and a fairer respect, then of late I have done by William Prinns malitious meanes.

I shall begine with what he saith in his second page, That I was a poore obscure Apprentice in London, as though to be Apprentice in London were such a disgracefull thing, as though he that is, or hath been so, must not stand in competition with worthlesse William Prinn: but I was a poore obscure one, and all the reputation I ever gained in the world, was from him, whose servant I was generally reputed to be, and was contented to owne that title for my own emploiment: to which I answer, an Apprentice in London I was indeed, and served divers yeares a master that dealt in Cloth by whole saile, and divers other rich Commodities which was a better trade then ever William Prinn was brought up to in his life and my masters word or bond would be taken for more money upon the Royall Exchange of London, then I am confident William Prinn will ever be worth justly gotten by him, with whom I lived in good repute, & did him more true and faithfull service, then ever William Prinn did the Common Wealth for all his hoasting.

And for my own particular thought, I confesse comparisons are not pleasant, yet being so exceedingly urged unto it, I say, I am the offspring (even in the eyes of the world) of as good, (if not a better & honester) parentage, then W. P. and brought up while I was a youth, as like the sonne of a Gentleman as William Prinn, to bee whose servant in that way he meanes I never was, not never to any man breathing owned, not never counted it an honour to have been so reputed: but alwayes, and to every man living (to my remembrance) that so tooke me I disclamed, yea and with indignation to many, and doe now before God and the World professe, I should have thought the worse of my selfe while I had breathed, if ever I had had any dependance in the least, upon so ungodly and worthlesse a man: though this I say, I accounted is my duty to doe William Prinn and Doctor &illegible; all the free officer of love and service that law in my power, during all the time that I conceived they stood either for God, Goodnesse, or Iustice: And my actions and carriages then towards them were suitable to this principle. Though this &illegible; confesse, God never gave me over to so reprobate a mind, to grow great and get ritches by so unjust deceitfull wayes and meanes, as William Prinn hath done; whose unjust practises (as he is a Lawyer) one of his owne party and an Essex Minister, proclaimed openly upon the Exchange the other day, who said he was a &illegible; and he would prove him so; for said he, he hath taken sees one both sides, and therefore deserves to be turned over the Barr, and never to plead any more, and whose &illegible; will be speedily caractarized in one at Colours by the honest Gentlemen of Gersey, whom he so much wrongeth and &illegible; in the latter end of his booke, and which is already pritie well aid open by Mr. White Minister of &illegible;

And for that of Doctor Bastwicks mentioned by him, in the foresaid second page It is a &illegible; falshood, and for the further answer to which, I refer him to thy answer to Doctor Bastwicks late untrue defence, which by way of Epistle I sent to the Mayor and Corporation of Rye, at my late being in Newgate in September last, where the Doctor with many lyes and vapours, laboured to be chosen &illegible; Burges, and thought his abusing of me there would have done &illegible; businesse for him, but by that Epistle (a Coppy of which William &illegible; I thinke may have for sending for) Helieve I did not a little serve him the back way, For I there (among other things) &illegible; him a bold affirmer of untruths, not in a few things, but in many; thirdly in his 11 page, which I am confident hath well nigh 10 in it, only two or three words in answer to that, which he affirmes in the foresaid page, that if it had not been for him and Bastwick, I had lyin buried in obscurity amongst the rubbish of the &illegible; vulgar, scarce known to any but my selfe; which is very strange, for befored ever saw Prinns fact, I was (as I suppose) a greater traveller, then ever he was in his life: for being borne as &illegible; my Father and mother being both &illegible; and her Father see the greatest part of twice 20. yeares before; that I &illegible; young downe to New Castle by sea, and from thence to my fathers owne hereditory habitation; where beside other education, the best which the Country afforded, I was brought up well neigh 10. yeares together, in the best Schooles in the North, namely, &illegible; Auckland, and New Castle, in both which places, I was not one of the &illegible; Schools Boyes there, and besides my knowledge in the Latins tongue, I was a little entered into the Greeke also. And at New Castle, I did not only know, but also was knowne of the principall men there: and after that came to London, and served divers yeares with a &illegible; that betrusted me, to receive many thousand Pounds, for him of the the greatest Merchants in London that deale for Turkey &illegible; the East countreyes and many times severall dayes in the Worke, &illegible; the Exchange to dispatch my masters businesse, that be betrusted me to doe for him, so that I thinke I was better and farther knowne, before I &illegible; of William &illegible; then himselfe.

I come now to his 4. page, where he cited the Order madvin the house of Commons, January 17. 1644. against me, which authorized the Committee of Examinations to &illegible; me before them, and to examine me about my writing a letter to him at that time, and in the 5. page be saith and affirmes, the Committee May 16. made a Warrant only to &illegible; our before them, though be very, well knowes, that I was attached and a prisoner, and did &illegible; of it to the Committer, (to my rememberance) before his face, that &illegible; very hard in my thoughts that I who had adventured my life, and alwayes declared faithfullnesse to the Parliament, should be clapt by the &illegible; before I was heard: at which one of the Committee then present spain and said, he could not thinke I was a Prisooner: for (saith be) to the Chatre man, it is &illegible; be should be a Prisoner, for our order from the House was only &illegible; him upon which Justice &illegible; acknowledged that it was &illegible; and therefore by Order of the Committee gave me my libertie; and both her and the Committee used me then with &illegible; and respect to William &illegible; great &illegible; you; &illegible; I doe any this for a truth, that after J had been once or twice commanded to withdraw, and being called in at the conclusion of that dayes works, Justice Whitakar spoke unto me to this effect, &illegible; Collonell Lilburn, I am commanded by the Committee here present, to &illegible; you thankes for your Valour, Faithfullnesse, and good service done for the Kingdome, and doe desire you to continue still the same good affection, and doe advise you as a friend, to be moderate and wise, that so you may not loose that good repute that betherto you have deserved from us, and also that you will take heed, that you put nothing in your answer which may doe you hurt, and besure you faile not to being it in according to your promise, and take heed in the interim, you publish nothing, you are a free man, and may goe home and behave your selfe like an hourst man as hetherto you have done, so we paned in my apprehension very good friends, for all William &illegible; mallice.

And that he affirmes a falshood in saying that I was but barely summoned, I desire you to read the Warrant by which I was attached, and then judge, a true copy of which, as I had it from Mr. Rich, so only the Messenger that apprehended me, under his owne hand, thus followeth.

At the Committee of the House of Commons for Examinations.

IT is this day ordered, that the Serjent at Armes attending the Hous of &illegible; or his deputy doe forthwith apprehend and bring into safe custodie, before this Committee at the inner Court of Wards at Westminster, the bodies of Lieutenant Collonell John Lilburn, Henry Robbinson and Jane Coe, to answer to such matters at shall be objected against them, and all Constables and other his Majesties Officers and Subjects, are here by required to be aiding and assisting in execution thereof if need require.

To John Hunt Esquire, Serjent at Armes, or his deputy.

Lawrance Whitaker.

Upon the Tuesday next after this, I remember I delivered my reasons in (wherefore I writ my letter to him) in a whole sheet of paper under my hand, at the receipt of which, the committee told me that they were not at leasure to read them, but if William Prinn never called for a further prosecution, I should never heare more from them about that businesse, and so discharged me.

And afterwards in June I caused it to be printed, he and Bastwick still persisting in their mallice against the people of God, in which besaith, there is many false relations, which tend to make the Parliament &illegible; I say there is not one false relation, but all of them I am able by good testimony to prove; and I desire every unprejudiced man that &illegible; it to be judge betwixt him and me, whether it be full of invictions against the Parliament or no.

In his 6, page, he is very much troubled at my answer to 9. Arguments made by &illegible; which I writ in the Fleet above 6. yeares agoe, in the hight of the Bishops tyrannie, yet because it was mine, though done against the Bishops and their Priests, so long agoe (although the Parliament hath condemned them as Antichristian) I must be troubled for it, by William Prinn so great is his mallice against me, although it was princed before he first troubled me, which was many months before the 18. of June, at which time he was the Instrument (as I conceive &illegible; he let full his former businesse, being so justly paid with my &illegible; that he &illegible; meddle no more with them) to get me the second time upon a new businesse attacht a prisoner againe, though he falsly &illegible; the contrary, the copy of the Warrant by which I was apprehended by the same Messenger here after followeth and had it under his owne hand.

At the Committee of the house of Commons for Examinations.

IT is this day ordered, that the Serjant at Armes attending the house of Commons, or his deputy doe forthwith apprehend and bring in safe onstody before this Committee sitting in the inner Court of Wards, at Westminster, the body of Leiutenant Collonell Iohn Lilburne to answer to such matters as shall be objected against him, and all Constables and all other His Majesties Officers and Subjects, are hereby required to be aiding and assisting thereof if need require.

To Iohn &illegible; Esquire, Serjant at Armes or his deputy.

Lawrance Whitakar.

And when I came the next day before the Committee, I found not so faire play as before, for they would neither heare me nor tell me the cause, nor ground to that day, wherefore they imprisoned me.

In the same page, he speakes of a third time, that I was ordered to besent for in custody, but I have forgot when it was, being either a Sleep or &illegible; Trance, when I was so sent for, at which time be saith I lay in the Messengers house, which I never did in my life, but mistakes and untruths are so common with William Prinn, that he hath forgot making conscience of letting his tongue run at randome.

Then he comes to the 19. of Iuly and recites some words that I should speake against the Speaker, though from that day to this present house, I could never see or heare of any man breathing, that would face to face, lay any such thing to my charge, and truly if I should have spoken any such things by way of report, it was to me very strange that Mr. Prity, Mr. Rowson, and Mr. Warly, who on that day in the so it &illegible; gave information to a Committee of Parliament, of some such thing at be there speakes of, and who being informers, if any man ought to be laid hold of, about it, they did, and not J, that neither informed nor appeared in it, and hard measure it is to me, that they the principalls, should goe scot free, and I only brought upon the flage, by the pure and &illegible; &illegible; of my adversaries, and also clapt by the beeles not before but many houses after they had given in their information.

Besides, if I had said any such thing as he reports, I ought (being a free man) to have had a legall proceeding, and not before J was heard, to be clapt by the &illegible; no man that J can meet with, knowes wherefore.

Again, to me it appeares more agreeable to law, that if so high an accusation as (hee speakes off) be laid against any man whosoever, by a man knowne to bee a friend to the publique, that rather the accused, then the accuser should be imprisonned, though I conceive it is but just, that he that accuseth should put in securitie to prosecute his charge, and in case he faile to make it good, to beforth comming to answer the Law in point of reparation to the party accused; and for my part I professe, J am to learne (to conceive,) that any man in England: that professes himselfe to be a man, (and not a god) hath justly by any pretended prerogative or priveledge whatsoever in such a case, exemption from the Iash and rigor of the Law more them my selfe, or the meanest free man in England, and J doe seriously protest, my judgement is, that what single person soever he bee, whether King, Lord, or Member of the House of Commons that creads under foot the Law made by common consent, and Acts &illegible; if he were subiect to none, is an absolute Tyrant, and no Ordinance of God, and so not by any to be obeyed.

And you in the 11. page of your Appendex, called The soveraine &illegible; of Parliamente and Kingdomes. say, that command is in the Magistrates, Authoritie in the Senate, power in the people, yea, and Maiestie in the people in generall: And after ward speaking of Doctor Ferne and his unlimitted power that he invests Emperors and Monarchs with, which is, that it is unlawfull either for a Senate, or the people forcibly to resist, much lesse to depose, take up Armes against or call them to a strict, just account, for their tyrannie, oppression, or misgovernment; Which Tenents you say are directly contrary to Pauls doctrine. Rom. 13. 1. 10. 6. Let every soule be subiect to the highest powers, &c. Which highest powers you there say, are the Senate and people, to whom the Roman Emperors themselves were to be obedient in all iust requests and commands, under paine of damnation, and subiect to the Senates sword of iustice in case of disobedience and misgovernment, and therefore you againe there say, that Kings (even by Penis Doctrine Rom. 13.) &illegible; to be subiect to the higher power and jurisdiction of their Parliaments, the Lawes and Statutes of their Realmes, and to be accountable to them.

But if Kings the greater, must be subiect to the Law, and accountable to the people, then a single Parliament man the lesser needs must be the same, yea, and &illegible; I the whose House of Commons themselves, being according to the constitution of this Kingdome but a part, and not the whole Parliament, being but one of the 3. estates, must and ought to be subiect to the knowne law, and cannot in iustice punish a freeman contrary thereunto, what soever tyrannicall principalls accompany of corrupt men maintaine to the contrary, which is the only way to make the House of Commons odious and contemptable to the people, by puting them upon such things as may be a burthen and a mischiefe to them, and thereby secretly and in an undiscerned way doe the long desired worke of the Royalists at Oxford, by driving the people into such a miserable condition, that they shall rather long for their old bondage and staverit, which was upon them under the King before this Parliament, then any longer waite with patience for their iust and long expected libertie and freedome, promised by and expected from the Parliament.

And for my part I confesse, I am yet in the darke, and at a seruple, whether the House of Commons maintaining 3 estates, that is to say, the House of Commont for the grand in quest of the Kingdome, the House of Peers for the Judges, and the King for the Executioner, can iustlie and legally imprison any Commoner of England by their owne bare authority, without the warrant of the Lords (accounted by themselves) to be the Iudges, and I doe on the contrary side according to the foregoing principall, doe question whether the Lords singly can send for a Commoner of England, and without the &illegible; of the House of Commons at their pleasures, commit him to prison? or whether or no, it be not the just and legall priveledge of the free men of England, that if any estate of Parliament take &illegible; of a crime committed by them, that they ought to be summoned by the House of Commons and so transmitted up to the Lords, and from them be committed if they see cause.

But you will say, they act now by two Estates, that is to say, the Grand inquest, and Iudges; and both of them joyned together, do execute? I answer, to me the case is all one yet, so long as the House of Peers by the House of Commons we owned and reputed for the Judges, and nothing declared to the Commons of England for them groundedly to take notice of the contrary.

Now the laying all the premises together, and William Prins owne confession as a Lawyer, in the 21. page of his booke, that if the Parliament or Committe have committed me to New gate without the cause of My commitment, expressed in the Warrant, I might have had some eculler of complaint of injustice, and breach of MAGNA CHARTA, and the Petition of Right.

To which I answer I desire to be resolved from any conscionable and understanding Lawyer in England, whether in the House of Commons, or out of the House of Commons, whether I have not iust cause to complaine of iniustice, and breach of MAGNA CHARTA, and the Petition of Right, to be imprisoned by Iustice Whitaker, by his owne &illegible; authority contrary to an expresse order of the House, and that before ever I was heard or knew what was laid unto my charge, &illegible; by his &illegible; warrant dated the 14. May 1645 doth appears.

My second quarie is this, whether or no I being a free man of England, and &illegible; tainted with Malignancie against the just freedome of the Nation, I have not iust cause to complain of iniustice, and breach of Magna Charta, and the Petition of Right; for Iustice Whitaker the second time, to imprison me without any legall &illegible; and that before ever I was heard or knew my Accuser or &illegible; &illegible; by his forecited warrant of the 18. of June 1645. doth appeare, yea, and from that day to that present houre, could never come to any hearing whatsoever, nor ever know what &illegible; laid to my charge, nor who was my accuser.

3ly. Whether or no, I have not grounded cause to complaine of iniustice, breach of MAGNA CHARTA, and the Petition of Right, against all those of the house of Commons that principally acted and voted me to prison without expressing any cause of my imprisonment in the Vote or Warrant, by vertue of which I was committed, which Vote or Warrant thus followeth as William Prins in his 6. and 7. pages hath it.

Die Sabbatl. 19, Julii. 1645.

REsolved upon the question, by the Commons assembled in Parliament, that Lieutenant Collonell Lilburn, be forth with taken into custody, by the Serjent at Armes attending this House, and so kept tell the House take further order.

To the Serjent at Armes, attending. on this house, or to his Deputy, &c.

Hen, Elsing Cler. Parl. D. Cott.

And after they had committed me to the Seriants custody, and he to one of his Deputies, and there kept me in durance as a Prisoner, and at the same time refused to accept of Baile for me, though it were desired by one of my friends by way of &illegible; in the House of Commons, and have never legally from that day to this present houre, &illegible; me know the cause of my commitment or my accuser.

Fourthly, Whether or no J have not true cause to complaine of iniustice, breach of MAGNA CHARTA, and the Petition of Right against Mr. Corbet, and the rest of the Committee of Examinations, who commanded me before them upon the &illegible; of Iuly 1645. and refused to declare unto me the cause wherefore they had imprisonned me, and pressed me to answer to interrogatories concerning my selfe, and for refusing, commanded me backe to prison, although they very well knew, that I was sentenced in the Star-Chamber, upon the very same grounds, and also knew that the House of Commons May 4. 1641. had voted, &illegible; that sentence, and all the proceedings against me in Star-Chamber, was not only illegall, and against the Libertie of the Subiect, but also Bloody, Wicked, Cruill, Barberous, and Tyrannicall, the proceedings that were at that time, for the cleerer satisfaction of the world I shall (as neere as I can) here set downe.

Mr. Corbet being in the Chaire, said unto me, Leiutenant Collonell Lilburn I am commanded by the House to demand this question of you? whether did not you upon the 19. of this present Iuly, (being Saterday) at Westminster say, that there were high and great things discovered concerning divers Members of the House of Commons, which reached as high as to the Speaker, who from his owne hands, had sent Three &illegible; Thousand pound to the King to Oxford? unto which I &illegible; Sir J am a Prisonner committed by the House of Commons, but I know not wherefore. I shall therefore, humbly desire to know the cause of my commitment, and then I shall answer you, unto which he said very angerly. Sir The house is not &illegible; to declare unto you, the cause wherefore they commit you unto which I said, then &illegible; have been a long time mistaken. Sir, saith Mr. Corbet, We expect &illegible; you a possitive answer to the questiõ & cõmand you to give it. Wel Sir, then to it I answer thus. I am a free man, yea, a free borne &illegible; of England, and I have been in the &illegible; with my Sword in my hand, to adventure my life and my blood (against Tyrants) for the preservation of my just freedome, and I doe not know that ever J did an Act in all my life, that disfranchised me of my fredome, and by vertue of my being a free man (I conceive) I have as true a wright to all the priveledges that do belong to a free man as the greatest man in England whatsoever he be, whether Lord or &illegible; and the ground and foundation of my freedome I build upon the grand Charter of England, which is published and expressed in the 9. of &illegible; 3. chap. 29. which I humblie crave leave to read to this honorable Committee, and having obtained leave I read as followeth.

No free man shall be taken or imprisonned, or be diseased of his free hold, or liberties, or free customs, or be out lawed, or excited, or any wise distroyed, nor we will not passe upon him, nor condemne him, but by lawfull Iudgement of his Peers, or by the law of the Land, we will sell to no man, we will not deny, or &illegible; to any man either Iustice or Right.

Sir the priveledges contained herein, are my Birthright and inheritance, which priveledges have been ratified and confirmed to the free people of England by that present Parliament, and many Declarations put out against the King for violating of them.

Yet notwithstanding, since the first of May last, I have by authority from the House of Commons, beene three times imprisonned, before ever I knew my accuser, or mine accusation, or ever suffered to speake one word in mine owne defence, which I humbly conceive, it contrary to MAGNA CHARTA, and these priveledges that I ought to enjoy, by vertue of my having an interest therein, and now J am imprisonned by Vote of the whole House. J know not wherefore, therefore till it be made knowne unto me wherefore I am imprisonned, I shall not answer to any of your interrogatories at all, unto which Master Corbet, as also Mr. Whitaker replyed.

Mr. Lilburn be advised in your expressions, and take heed what &illegible; in this &illegible; Gentlemen, I humblie thanke you for your causion given, me but for your advice I desire you to keepe it to your selves, for (I conceive I know well enough what I say, and truly that rough and hard dealing that I find from the Parliament, and their Officers, &illegible; me to expresse my selfe as I doe, for I &illegible; give me leave to tell you, that I was never so affronted and abused in my life amongst my friends as I was by your Serjant at Armes, when he apprehended me, who &illegible; the going into the Hall, tooke me by my sword bolt, and dragged and &illegible; and shooke me, giving me such language, as if I had been the &illegible; &illegible; &illegible; &illegible; in the world, and when I was out of the Hall, when I &illegible; (understanding the nature of a Prisooner) of &illegible; my selfe, and &illegible; giving my sword I am the hands of my friend, to carry home to my wife, as my owne proper &illegible; he would needs by force and violence rob me of it, saying it was his and he would have it, so that I was forced to scuffle to preserve my selfe from being robbed of my owne proper goods, and all &illegible; he did unto me, having no Warrant at all about him, &illegible; meddle with me, nor I not offring the least affront in the world to him.

Time was that he used your enemies (to my knowledge) ten times &illegible; for where Captaine Hide drew his sword in Westminster Hall of purpose to make &illegible; &illegible; there, whom I &illegible; it brought both him & his sword up to the House of Commons door, & by command of divers Members, dilivered them both in the Serjant, yet immediately after during the time of a conference, he &illegible; both him and (for ought I then knew) his sword also got to his comings in Westminster Hall, who being no sooner there amongst them, &illegible; &illegible; &illegible; &illegible; of them to draw, and tell to slashing and cutting, having driven the asked people up the very Parliament staires, with a resolution (for any thing I could perceive) to cut all your throats in the House, for the preventing of which, Sir Richard Wiseman, my selfe and divers other Citizens with our swords in our hands freely adventured our lives.

Here upon Mr. Lile stept up, very soberly, and expressed himselfe to this effect. Mr Corbet I desire to know whether or no Mr. Lilburn intends by way of Petition to declare these expressions of his to the House? or whether he intends hereby some other way, as to cast an aspertion of injustice upon the whole House of Commons, and to shew his refractorinesse to answer to their interrogatories?

Where unto I replyed Sir, for petitioning the House, I have no intention to doe it about this businesse, having petitioned long enough to no purpose already in another case, and as for your other expressions, I humbly conceive my words are plaine and he that reads &illegible; may easily, understand them, and if you can expresse them plainer then they are already written, and reach my sense and meaning, I shall willingly subscribe my hand unto them, or if you please to give me pen, inke, and paper, I shall write my owne words my selfe and my name at the bottome of them, where upon divers of them wished me to take heed what I did, I told them, Gentlemen I speake not the words of &illegible; or inconsideratenesse, but of deliberation, having something pondred upon them before I came to you, neither doe I speake the words of lightnesse, as though I would say a thing this houre, and &illegible; from it the next, but I speake that which I will stand to, and live and dye by, humbly submitting my body to your pleasure, so being commanded to withdraw, I said Gentlemen, I humbly crave leave to make one desire more unto you, which is, that you will be pleased to give me a Copy of your question and mine owne answer, but it was denied and so I with drew.

Fiftly, being the House of Commons as William Prinn in the 7. page of his booke saith, made an order in these words.

Die Sabbati 9. August 1645.

ORdered by the Commons assembled in Parliament, that the consideration for finding out the Author of this booke be referred to the Committe of Examinations, and that in case it appeare to be Lilburnes booke, they shall have power to commit him to what prison they please.

Upon comming before whom, I was pressed to answer to interrogatories &illegible; my selfe, for refusing to answer to which, and although I owned not that printed letter that they called mine, and although I see none that came in against me to prove it mine, yet contrary to the order of the House of Commons (as I conceive) I was committed to Newgate by Iustice Whitaker and the rest of that Committee, now the question is whether or no, I have not just caus to cõplain of injustice, breach of MAGNA CHARTA, and the Petition of Right? but for fuller setisfaction, I shall give as neere an account as I can, what passed betwixt the Committee and my selfe, Iustice Whitaker being that day in the chaire, who at my comming in shewed me a printed booke, with Iohn Lilburnes name in the scene and reare of it saying. Mr Lilburne I am commanded by the House of Commons to demand of you this question, whether you know this Pamphlet or no, unto which I seid, Sir I shall desire to speak a few words unto you, well saith he answer to the question, Sir said I, hope you will permit me to speake mine own words, if you will not I shall be silent, take your libertie saith he, well Sir said I that, J have now been a prisoner three weeke, by Vote of the whole House of Commons, without any crime declared or cause expressed. And the last time that I was before this honorable Committee which was upon the 24 of July last, I made it my earnest desire unto you, that you would be pleased to declare unto me, the ground and cause wherefore I am imprisonned, which you then refused, and denyed me, I am now before you the second time, and doe still continue the same humble suite unto you, which is, that you will be pleased to tell me wherefore J am imprisonned, being resolved, that unlesse you will declare unto me, the cause wherefore I am imprisonned, I will not answer to any question or interogatory that you shall aske me.

Whereupon he wrote, and when he had done, he read it to me, upon which I told him, that he had not written halfe my words, and unlesse that he would write them all and that in the same manner that I did speake them, I would not owne one word of that which he had written, well then, Sir (saith he) dictate your owne words, and Ile write them, which I did, and then he read them, and said doth this reach your mind? I told him yes, and if he pleased to give me a copy of them, I would set my hand to that which he had written, but without I had a copy I would not.

Unto which he replyed that the Committee would take that into consideration, but Sir saith he, I hope you will owne your own words. Well Sir said I, it as very well knowne, I doe not use to &illegible; from what I say, so I was commanded to withdraw, and being without in the outward court of wards a pretty while, I was called in againe, and Mr. Whittaker asked me if I were an Officer in the Army, I told him no I had don with that, having had enough of that businesse already. Well then Mr. Lilburn (saith he,) I have &illegible; the Committee here with your answer you made even now, and they looke upon it as the greatest affront and contempt that can be given to the Authority of the house of Commons, that when the house it selfe shall order, that you shall be examined upon a businesse, & you had contemptuously say, you will answer to an interrogatories, therefore they have thought it good to remove you from your present lodging to Newgate.

Well Sir said I, I humbly thanke you, I am very well content, being as ready to goe as you are to command me, and so I withdrew, and being come out, I told my Landlord Knight (in whose custody I was) what they had done, and therefore desired him to goe in and looke for his discharge, so by and by out comes the Serjant at Armes himselfe and tells me, he had a Warrant that I must goe to Newgate, well Sir said I, I desire to see it, Sir said he, it is not directed to you, but to the Keeper of Newgate, will Sir said I, I know the Committee hath more wisedome in &illegible; to direct a Warrant to me to carry my selfe a Prisoner to Newgate, but Sir I am an Englishman, and Englishmen have some priveledges to stand for if they were not &illegible; and I am committed to your custody &illegible; of the House of Commons, and you have committed me to your man Knight, and before I stir out of his custody to goe to Newgate, I will see a warrant.

For I doe assure you Sir, seeing I am so oppressedly deale withall as I am, I will not abate you, nor the greatest man in England the breadth of one halte, of what I know to be my previledge, well Sir saith her, I have a warrant, I will not believe you unlesse you shew it me, and I doe protect unto you unlesse I see and reade it, I I will not step one foot, except you carrie me by force, but shew it me and I will obey you, Sir saith he, I hope you will not be so obstinate, Sir said I few words betwixt you and me are best, for I can be at surly as you can be for your heart, so at last he shewed it me, whereof a true copy thus followeth.

9. August. 1645.

AT the Committee of the House of Commons, for Examination It is this day ordered that upon sight hereof you receive into your custody the body of Lieu. Coll. &illegible; Lilburn, for refusing to answer to such questions as were propounded unto him by this Committee, by order of the house of Commons, and for the reasons he gave for the same, and him safely to keepe in the prison of Newgate, not permitting him to goe out of the same, without further order of the House of Commons, or this Committee.

To the Keeper of Newgate or his deputy.

Lawrance Whittaker.

And having read his Warrant I said well, now Sir I will obey you, and goe immediatly.

And in the 8. page he recites two severall orders made in the House of Commons as followeth.

Die Lunt 11. August 1645.

ORdered upon the question by the Commons assembled in Parliament, that they doe aprove of what the Committee hath done concerning Lieutenant Collonell Lilburn.

Ordered upon the question, that Lieuten. Coll. Lilburn be tryed at the next Quarter Sessions, to be held for the City of London, concerning the contriving, making, devulging and speeading &illegible; notorious scandalls, set forth in his name in a printed Pamphlet, under the title of a letter to a friend, against the Parliament and severall Members of the Commons House, and the care hereof is especially resetted to Mr. Recorder.

And then at the conclusion of that page he affirmes sollemnly, that that which he hath related is the truth, and the whole truth, and nothing but the truth of his case, and of the Parliaments, and Committees proceedings against him, every tittle whereof will be justified, and made good by a cloud of witnesses, being persons of honour, quallity, piety, fidillitie, by the Parliaments and Committees Iournalls, Lilburnes owne pamphlet and himselfe (if he be not past all shame and grace) dares not gaine say it in any particular.

Unto which I answer, that if either Prinn had any grace or shame in him, hee would not dare to affirme so many palpable untruths, with one breath so confidently and truly (in my opprehension) the Kingdome is in a very ill condition, (in reference to their accounts) to have such a man to be &illegible; man in the grand Committee of Accounts, that takes so much delight, and is so habituated to let his &illegible; and pen run at random, in &illegible; knowne untruths so constantly as he doth, have &illegible; (as I have before truly declared) overred against me, 12. or 14. &illegible; in lesse then 8. lines in one of his bookes, and divers in this, betwixt the beginning and this present 8. pag. as particularly in saying I was only summoned, when the Warrants declares I was taken into custody, which I aver to be imprisonment; and in his 6 page, declaring a third time: that I was ordered to be sent for into custody by the said Committee, where upon the Messenger tooke and detained him in his house but for one nights space, where he used him very courteously, which is a tribell falsehood, for there was never such an attachment of me a third time as he speakes of, neither secondly, did he ever detaine or carrie me to his house, neither doe I know where it is; and therefore thirdly, he could not use me courteously at the place where I never came; 20. more instances not only of mistakes, but possitive affirmed falshoods, J could give, preceeding his solemne attestation, that he hath related the truth, the whole truth, and nothing but the truth of my case, page 8.

And as for all that bitter, false, malitious, and railing language that is contained in his three queries expressed in his 9. page, in which he endeavours to render me worse and more odious, then the &illegible; &illegible; villaine, may not, or enemie, the Parliament hath in England: I shall returne no other reply then this, that hee hath mistaken, and misladed my case, yea, and made false relations in many particulars of my case, and therefore I say, his three queries are built upon a false ground and so are absolutely 3. Nonsequeturs.

He affirmes in the 10. page, it is most certaine, I was not so much as once imprisonned by any authority from the house, therfore (saith he) let him shame the Divell and tell his deluded consederates, when, where, and by what authority he was three times imprisonned?

For your affirmation, I leave the world to Judge, whether it be false or no, especially seeing I have before named every particular day, recited the warrants, & the persons, by whome I was attaiched and imprisonned.

In the second place he saith, whereas he avert he was thrice. Imprisonned before ever he knew his accuser or accusation: he writes expresly in the very next words, page 1, 2, 3. &c. that I (namely William Prinn) was his accuser.

I answer, I do now averit, that I was thrice imprisonned before ever I knew my accuser or accusation; & I further say that for 2 of the times, I do not legally & groundedly know the cause of my imprisonment, nor who was my accuser, nor what was my accusation, neither was legally proceeded against, with any crime at all laid unto my charge, though by vertue of the last of the three commitments, I say about a quarter of a yeare, and doe not to this present houre know justly, the ground wherefore J was committed.

And whereas you are pleased to cite some words in the 1. 2, 3, pages of that Epistle which you call mine, truly I have read all those three pages, and can find no such thing as you speake of: It is true in the 12. and 13. pages, there is something hinted, that after I was imprisonned it did appeare once publiquely, that you were my accuser, and for the second, it was privately reported that you were the informer against me, but for the last time of those two, I never had any accusation face to face by any man in the world, though privately I was told you had informed then, as well before as against me.

In his 11. page, he saith that I complaine I was imprisonned before &illegible; I was suffered to speake one word for my selfe; this saith &illegible; is a more audatious &illegible; then all the rest, for answer to which, I say that I was both the times a prisonner before I came to the Committee, or ever spoke one word for my selfe, and as a prisonner was brought to them; and the third time I was committed by the house, and never did in all my life make any defence against a crime at their barre, nay this I further &illegible; that for the two last commitments. I was never informed of the cause of them, by those that committed &illegible; and do further professe, that I remain yet to this houre ignorant of the cause of them but what I have by uncertaine conjecture: therefore I hope J may without offence, retort his owne words backe upon himselfe, which he unjustly saith to me. Othe falsenesse and boldnesse of this matchlesse lyar, whose whole booke (in a manner) is nothing, but a bundle of deliberated untruths, and most malitious invectives, abuses, and standers.

Then in his 12. page, he to my understanding puts the case, that admit, I had been 3. times imprisonned before ever I knew my accuser, accusation, or ever was heard to speake one word for my selfe, yet saith he, there is no such cause for such an out cry as he makes against the Parliaments proceedings, as Arbitrary and unjust: But truly in my apprehension, to use some of his owne phrases, if ever hee had injoyed the honour of being mine, or any other (understanding) Lawyers or Iustices Clarke, he would not have so confidently averred that for law, which hath not (if I understand the Petition of Right) the least couller of law in it; read I pray what he saith in the 10. 11. pages of that booke, for the confutation of himselfe, where to me with one and the same breath, he contradicts what he averain the 12. page, as though he had forgotten, what but a little before he had said: but the old proverb is, Lyars had need of good memories, especially before good examinators: for in his 20 page he takes upon him, to declare the grounds and reasons that put the Parliament upon the thoughts of making the Petition of Right, which was the imprisonment of divers free mens persons, without shewing cause. the debait of which in the Commons House, Aprill 3. the 4, Car: &illegible; begot these 3. insuing Votes.

1. Resolved upon the question, that no free man ought to be detained, kept in prison, or otherwise restrained by the command of the King, or the Privie Counsell, or any other, unlesse some cause of the Commitment, Detainer, or Restraint be expressed, for which by law he ought to be committed, detained, or restrained.

2. That the Writ of &illegible; Corpus may be delayed, but ought to be granted to every man that is committed or detained in prison, or otherwise restrained, though it be by the command of the King, the Privie Counsell, or any other, he praying the same.

3. That if my free man be committed or detained in prison, or otherwise restrained by the command of the King, and privie Counsell or any other, no cause of such commitment, detainer, or restraint being expressed for which by law he ought to be committed, detained or restrained, and the same to be returned upon a &illegible; Corpus granted for the &illegible; party, then he ought to be delivered or bailed.

These Votes and the Lords concurrence with them (saith he) begat the petition of Right after many dayes debaite, which thus states the subjects grievance in this particular, first irrecites Magna Charta, c. 29. and 18. of Edward 3. that no free man should be taken or imprisonned, without being brought to answer by due processe of law; and then Proceeds thus.

Neverthelesse, against the tenor of the said Statutes, and other the good lawes and Seatures of your Realme to that end provided: divers of your Subjects have of late been imprisonned without any cause shewen, and when for their deliverance they were brought before your justices by your Majesties Rites of Habeas Corpus: there to undergoe and receive as the Court should order, and their Keepers commanded to certifie the causes of their detainer: no cause was certified but that they were detained by your Majesties speciall command, signified by the Lords of your Privie Counsell, and yet were returned backe to severall prisons, without being charged with any thing, to which they might make answer according to the Law where upon they pray in this petition, that no free man in any such manner &illegible; before mentioned, be imprisonned or detained: to which the King subscribed this answer, let right be done as is desired,

And &illegible; he demands a question, what is this to Lilburns case? to which? answer, it is expresly to my case, as I have before iustlie declared, and dare reason out the case with him in point of law (though I was never at any Universitie or Inner of Court to study it) before any understanding Common Wealths men in England, though he say and assume, that I was not committed to Prison by the Committee without any cause expressed, which is the most notorious untruth in the world.

For first by the order made the 14, May 1645 it cleerly appeares, that the Messenger was commanded to apprehend me, and bring me in safe custody, which he did accordingly, and if I understand what imprisonment it I being thus taken into safe custody, in the eye and meaning of the law is imprisonment: and I am sure J was saine to presse for my libertie to the Committee, before I could be delivered from my bonds.

Secondly, If you please to cast your eye upon the fore mentioned Warrant made the 18, June 1645, you shall cleerely see it commands the Messenger to apprehend me, and being me in safe custody, which he accordingly did, and though I confesse, he used me civilly like a man, yet I very well remember that be stood &illegible; upon his &illegible; that though he would not by force (as Serjent Hunt afterward did) endeavour to take away my sword from me, yet he intreated me to lay it aside, and to appeare before the Committee like a Prisonner without my Sword, and the reason he gave me was, least I be children (saith he) if you do it not, yea, and J further &illegible; it, that though I waited upon them according to their command, and the Messengers that attached me, I had much &illegible; to be discharged from the Messengers custody upon my owne ingagement, that as I was a Souldier and a Gentleman, I would appeare before them, when they should command me, which was at such an &illegible; upon the next Monday after noon (as I remember) but in regard that the House sate that afternoon about the Kings Letters taken at Nesby, by meanes of which the Committee sate not, I having extraordinary businesse with Lieutenant Generall Cromwell about my owne particular, who then I heard wat in Warwickshire, I used Coll. Walton, and Mr. Holland as instruments to get me leave for a few dayes of Mr. Corbet, upon my owne ingagement to goe downe to the Army, and by these meanes and my owne earnest intreary, I did get leave, and whether this was not a reall imprisonment or no, in the eye and intent of the law, I desire every man that hath any insight therein to be judge betwixt us, and yet I never was heard speake for my selfe before the Messenger tooke me into safe custody, neither was there in his warrant any cause of my restraint expressed.

Jn the third place. I desire you to read the Vote of the House of Commons before mentioned, and daited the 19, of July 1645, which expresly commands me to be taken into safe custody, and so kept tell the House take further order, and the Serjent at Armes himselfe in as violent and base a way laid hands of me, that might be, and apprehended me; J am confident as ever he did the grandest offender that ever the Parliament committed to his custody, and that night committed me a prisonner to his man Knight, who kept me as a prisonner in his owne house, till the 24. of Iuly after, at which time then by a new order (which seemes to me to bee something in the nature of a Habeas Corpus) commanded me to the bar of the Committee of Examinations, who refused to declare to me the cause of my imprisonment though I humblie and earnestly desired but remanded me without any legall tryall backe to the prison from whence J came, and there I remained a prisonner, till by a new order or Habeas Corpus I was upon the 9. of August commanded againe to the Committee of Examinations bar, which Committee then againe refused to declare unto me the cause of my imprisonment, though I earnestly desired it, and would have examined me upon interrogatories against my selfe, for refusing to answer to which, they remanded me againe to prison &illegible; only removed me from the Messengers house to New gate, where J remained in the nature of a close prisonner, till the 14 of October, only this I confesse there is in the Warrant which turned me over thither a cause expressed, wherefore I was sent thether, which was, because refused to answer to such questions as was propounded unto me by the Committee, which warrant and commitment (though made by a Committee of the House of Commons) is as illegall as all the rest, and (in my apprehension) against the very tenor and the true intent and meaning of the Petition of Right, and expresly against the words of the Statute of the &illegible; of Edward 3. 3. which saith, it is inacted that no man be put to answer, without presentment before Iustices, or &illegible; of Record, or by doe processe and writ originally, according to the old law of the land, which Statute is ratified and confirmed by this present Parliament in the act that abollisheth the Star-chamber.

I now returne backe to his 12. page, where he a ecuseth me of lying and falshood for saying that during my imprisonment at Oxford, I was cuinated in my estate, to the value of 6. or 7. hundred pounds, which I left behind me at London, which &illegible; can cleerly make appeare.

To which J answer, I doe affirme such a thing in two printed papers namely my printed petition to the House of Commons, and my printed reasons against himselfe, and that this affirmation is true and not alye. I prove and make appeare &illegible; my Brew-house with the utensills, and other necessaries belonging to it, cost me about 300. l. as good gold and silver as ever William Prinn was owner of, and when I first went our in the Parliaments &illegible; as a Captaine in my Lord Brotkes his Regiment, I let it and the use of the utensills, to one &illegible; a Beewer for 55. l. per annum, with covenants that saving the reasonable allowance of the &illegible; of the utensills, he should deliver it backe to me or my assignes as good as he sound it, but during the time of my imprisonment at Oxford, he let the house run to decry, and gave over brewing in it and run away I doe not know whether, (nor never could see him since) with almost a whole yeares &illegible; and when I came from Oxford I found my house cut of use, and in one place much decayed, part of the roofe being false in, so that the raine both there and in severall other places had done the vessells much hurt, so that I was forced and necessitated, to sell the Lease of the house, and all things belonging to it for 120. l. to Mr. Wright the Armorer in Bishops gate street, and also gave him dayes of payment for it, besides when I went &illegible; I left behind me the greatest part of 1000. l. in debts, that were made in that brew-house, some hundreds of which, he that I betrusted with my businesse received for me, and had received a great deale more, had not my debtors taken advantage of my &illegible; at Oxford, which made some of them tell him to his &illegible; that the King had caused me to be arraigned at Oxford for a Traytor, and they would pay no traytors debts, in so much that when he &illegible; them, some of them, were ready to fall upon him and heare out his braines, as he told me.

Besides, the most of those that J traded with, depended upon the traid of New Castle, which in my imprisonment was lost, and (in a manner) totally decayed, which was the ruine, and the breaking of them; so that when J came home, I sound about 4. or 500. l. of my debts become altogether desperate, which debts, I am able yet by my bookes of accounts, and servants legally to prove. Yet shall I be willing to sell them to William Prinn for 10. Groaes in the pound, and thanke him too, now hee being one of the great accountants of the Kingdome, if he please to joine all these together, he may easily find, they make up the sum I speake of &illegible; and if he please to get the Lords and Commons to repaire this my losse, (as by their Declarations published to the Kingdome, at the beginning of these Warres they promised they would) I doe hereby bind my selfe, that if I cannot by just and lawfull proofe, make good what in my printed petition concerning this particular I have said, I will quite scores with them, both in this my arreares, and all other things whatsoever, that I have any legall and just ground to challenge and expect from them: and I thinke all men that reads this, will say I offer faire, and will not in the least beleive any of his false, untrue, and &illegible; affirmations that there be impudently layes downe.

I come now to his 15. page, where he takes occasion to speake of the Lord of Manchester and &illegible; Castle, and seeing he hath so done, I shall as truly as my memory will inable me, declare the truth of that businesse, which as I gave &illegible; under my hand by way of testimony to Mr. Lile Chaire-man for the Committee last winter that examined the accusation of Lieu. Gen. Cromwell against the Earle of Manchester, which was to this effect, the day before the Lord Manchester quartered at Donkester, at our randevour of the other side of the towne next Yorke, I received orders from Lieu. Gen. Cromwell, (from whom constantly J did receive my orders) to goe & quarter with 4. of my Troops of Dragoones in &illegible; town, and to doe the best we could, with our owne securitie, to keepe the enemie in, that they should not salley out, to doe any mischiefe, in any of the quarters of the Army: and accordingly J marched with foure of my troops, and at the next towne to it, we got the best guides we could, to informe us how the Castle and towne lay, and when we came to the townes end, I ordered Captaine Beamont, with a party on horse backe, to careare into the towne, and get betwixt their draw bridge and the towne, to stop those that were in the towne, from getting into the Castle and sent to second him a party of &illegible; a foot, commanded by my Lieutenant and afterwards followed them with all therest; by meanes of which wee tooke divers borses and prisonners, and that night we all past upon the guard, and the next day being informed, that the mill dame, and the more, might easily be drawed, if we could &illegible; our selves of the Mill which &illegible; closse by their more as soone as it grew darke, myselfe led downe a guard of &illegible; and possessed the mill, and fell to a worke, to let out the mill dam, which was accordingly done, which when I had set in a good forwardnesse, I left Captain Bramones Lieutenant to command that guard, who I knew to be a carefull man, and walked the rounds to visit all the other guards my selfe, and being the next morning informed by some of the Souldiers that the enemies Centinells, called over the wall to mine, and wished they would speake to their commander to fall on, and they professed, they would not shoot a bullet against them, for their Commanders used them basly, and kept their pay from them: upon which information, I inquired of my Landlord who I understood used to goe into the Castle, what store of &illegible; he conceived they had in the Castle? & be told &illegible; he did beleive 4, barrells was the most they had, and with all told me, be was confident, they would upon easie tearmes surrender the Castle, for the gentlemen within (said he) were no Souldiers, nor no great fighters but were altogether given to their pleasures, and about &illegible; a clocke that day or the next, Coll. Keeys, and a Captaine of the Lord Fairefaxes, came and desired me, to grant them libertie, to call to some of the Gentlemen over the wall, which I granted: and they accordingly did, upon which by consent, we on both sides ceased shooting, and they talked very freely each to other, upon which the Gentlemen in the Castle, desired me to come into them; and be merrie with them, &illegible; &illegible; or two, and they would ingage their honours, I should safely and peaceably come out at my desire, unto which I answered, I durst not, having no such Commission from my generall so to doe, then they intreated me to give them leave to come out to me, to be merrie at the Ale-house a little, and they would take my owne ingagement for their safe returne, upon which discourse I presently conceived these Gentlemen had no mind to fight, but were rather desirous, upon reasonable tearmes to be rid of the castle.

The thoughts of which made me to returne them this answer, that at present, I could not satisfie their desire, but I promised them, I would indeavour to doe it with all the speed I could, and therefore desired they would command their men to their guards, as I intended presently to command mine, which I did, and with all speed I could, not me horse, and red away to Donkester, as fall as I could ride to acquaint my Generall with it, who at my comming &illegible; her, was walking our at the townes end next London, with whom I found Lieuten. Generall Cromwell, and the most of his cheife Commanders, and after I had acquainted him particularly with the aforesaid things, I told his Lordship that I conceived, if he would summon the Castle, it was his his owne, which he seemed to slight; I further told him, there was here abouts a great many petty gareisons, which did a great deale of mischiefe to the Countrey, and his honour did not know, but the gaining of this, might be the gaining of many of the other, well saith he, it cannot be done: upon which I continued my importunitie, and did beseech his Lordship to summon it, which made him and others by him to laugh at me, and saith he, you thinke it is nothing but to summon a Castle and take it, if I should summon it, saith he, my Army is ingaged thereby, and (saith he) I am informed it is a &illegible; strong place, and probably may foile my Army by meanes of which I should loose the maidenhead of them, who were never foiled since I commanded them, and be sides (saith he) I will not loose ten men for the gayning of it in regard I doe not Iudge it worth such losse.

Unto which I replyed, my Lord, J will make you one proposition, give mee leave to summon it, and if upon a summons, I doe not carrie it, I will give your Lordship leave to hang me; my Lord I doe not desire, a commission under hand and seal, noe an expresse possitive command, for then if I should not succeed, I confesse your honour were ingaged, indeed, but that which I intreat of your honour, is only to permit me, and to winke at me, and if I should not effect that which I doe confidently beleive I shall, your Lordship in my apprehension is free, in point of honour, and may &illegible; your hands of it as none of your act, but may say it was the act of a rash man, who was resolved inconsiderately to hazard his life, for the doeing of it, but my Lord, as I said before, if I may be permitted to summon it, I will die for it, if upon a summons I doe not carrie it, unto which he said &illegible; gone, thou art a mad fellow, which I tooke for a grant, but yet for all that turned me abour to one of the ablest and understanding it Commanders in the Armie, (as I judged him) and asked his advice, what he thought of it, whether or no all circumstances considered, that had passed betwixt the Earle and my selfe, I might not justifiably, in the eye of a Counsell of warr without any mere adoe Iummon it? and he conceived I might doe it, this I the rather propounded because it behooved me to goe upon a sure ground, in regard I knew that &illegible; my Lords Chaplines Mr. Ash, and Mr. Good, did sit upon my &illegible; for opposing Coll. King, their dearly beloved, and I also knew, that Major Generall Crafford, and his whole faction (which than in that Armie were very great and high) did the same, for my friends of discourse, about that proud unwarrentable, and bloody action of his, in flomming Torke manner as he did, which cost (foolishly) some hundreds of mens lives, for which act I had freely said, he deserved to die, and therefore I was verie confident, if all they put together could doe me a mischeife, being then in that Armie, (for nothing but my justnesse and honestie) as great an eye sore to some of them, as I am to them to this very day, but upon the foresaid grounds I &illegible; with speed, againe to my quarters, and writ them a summons (high enough) for the present delivering of the Castle, &c. Into the hands of my generall for the use of the Parliament, which I sent in by my Drum, and the Governour, very fairely and &illegible; a willing man to yeild, the very next morning after I had been with the Earle, sent me out Articles of surrender, and a Leiuten. Coll. and Major (as I remember) with them to see them made good, and never so much as desired of me, any &illegible; them, upon which they and I rid away to Dewkester, where I found the Earle on Horse-backe, a going to take the hire, and I comming to him told his honour, had summoned &illegible; Castle, and brought his Lordship Articles of surrender, and two Commanders to see there performed on their part, but without any more adoe, in the presence of the companie (which were many) and the presence, and hearing of the Cavaileers, his Lordship fell a calling of me Rogue, Rascall, and base fellow, and asked me whether he or I was Generall, and told me, the Armie was to much troubled with such busie Rogues &illegible; I was, and he would send me same enough from it, and also told me, I deserved to be hanged, and would nor suffer me to speake one word in my owne defence, but turned away from me in a greater fury then ever I see him in, in my dayes; his carriage being a cleere Demonstration to me, that be in a manner scorned to accept of the Castle, because I had taken it. Which carriage, did so vex and perplex my very soule, as I was never more I thinke in my dayes, and so cooled my courage in fighting, that I could never from that day to this present houre, deaw my sword, nor ingage my life in the way of a Souldier, with that freenesse, &illegible; and cheerfullnesse, as formerlle I had done: But by the Lieutenant Generalls meanes, I got my Lord to appoint Commissioners to treat with theirs, for ordering all things for the surrender of the Castle, which was accordingly done, with all the Armes, Ammunition, Horses and Provision in it, saving about 10. or 12. Horses that was allowed the chiefe Officers, with saddles, Pistolls, and Port. mantles, and for my part, though I had extraordinarily hazarded my life, in the gaining of it, and had taken a great deale of paines, yet his honour never gave me, the value of one penny for my labour, though he got by taking the Castle, (which he disposed of) above threescore horse as I remember, and though I faithfully, and honestly, saved the things in the House, and delivered them according to his order July 28. 1644 (to Mr. Goulson Treasurer his man) and sert them to &illegible; where they were boated I know not whether, 30 quarters 4. bushels of Wheat, 38. quarters 7. bushells of Rye, 6. quarters 6. bushels of Pease, 162. Cheeses, 9. Flitches and 39. Peices of Bacon; 9. Farkins, 7. Kits, and 19. pots of Butter, 94. peices of beefe, with some bread, and truly considering our paines, wee might have expected, from my Lords owne hands, a Gratitude: but none we had, saving that we made a little money of some Hay, Coales, and other Turnbring odd things, which I caused honestly, to be distributed amongst my Regiment, to the Officers according to their qualitie, two daies pay: and to the common Souldiers 2. &illegible; 6. d. a man, and for my particular, Mr. Wever gave me a young gray horse, which was but a small incouragement, seeing. I had fought all that summer, and had not received one dayes pay, and had beene shot through my arme, but a little before, at the taking in Sir Francis Wortlys house, and not long before had beene plundered by Col. Kings meanes at Newarke, of all that I had there, to the value of about a 100. l. who contrary to the Articles of agreement, commanded me, & in a manner forced me, to march away with his Regiment armed, which caused their horse to fall upon us, and plunder us almost every man, but as for Col. King himselfe, he fled the danger, and had a care of himselfe: and scaped better then we did, and besides, during all the times we were in &illegible; I and my Regiment of Dragoones, constantly quartered in the Van of the whole Armie; alwayes nigh the Enemies Garrisons, where constantly in a manner, we both sought for both horse next and mans meat, or else with a &illegible; &illegible; of vigilancy, stood upon our guard, also our Souldiers being so poore for want &illegible; pay, that many times my selfe and other of my Officers, were severall times forced to send them money to shoe their horses, and I am confident to this day, have falut short of the payment of it againe, and yet I dare say, I kept the Regiment in as good order, as ever it was from the day it was raised, and passed as readilye and cheerfully upon their duty: And I dare be bold to aver it, I and they passed upon as hard and difficult services, and were in as many ingagements, hazards and perills, for that time, the last summer, as ever any Regiment of Dragoones in England, raised by this Parliament, of the like number was.

And for all William Prinns abusing of me, I for my part, bid defence to him, and all the men in England, justly to brand me with cowardlinesse, in all the ingagements that in these wars J have had, or with unfaithfullnesse, or of base coveteousnesse, indeceiving either the State, my Officers or Souldiers, either in point of one false Muster, or unjustly detaining 6 d. of any of their pay from them, or that ever in all the marches and quarters that I have been in since the waes began, that ever I was privie too, or ever did my selfe; or caused to be plundered, or by any unjust violence, caused to be taken away for my use or profit, directly or indirectly, the value of 12. d. in any kind of goods whatsoever, for I blesse God, I can say with Paul, that I have not unjustly taken or coveted, any mans goods, Gold or Silver.

But one word more of my Lord and tickhill Castle, I was told in the Armie, his Lordship afterward, did verse much threaten me about that businesse, and also by a man of eminency, I was since told, that when his Lordship came to London, at a meeting at the Beare at bridgefoot, before two Lords, and five eminent men of the House of Commons, his honour spoke both very great, high, and disgracefull words of me, about that very businesse, and therefore for the full satisfaction of all the World, J doe here declare, I am ready, willing, and desirous, to bide the publique test, and tryall of any just and legall judicature in England, either with the Earle of Manchester, William Prinn, or any other man in the whole Kingdome.

In the foresaid page, William Prinn boasts, that having (as he saith) thus charged through, and &illegible; his maine Squadron of lyes and scandals against the Parliaments and Committees proceedings, I shall in the third place, a little examine and resure, his mistaken law, his misinterpretation of Magna Charta, and the Petition of Right, which had verie ill fortune, to fall into the hands of such a lawlesse Ignoramous.

I answer (and say) alasse poore Prinn, who would saine be accounted a skilfull and couragious Commander, and hath not yet attained to the skill or courage, of the meanest common Souldier, for instead of rouring my maine Squadron, hee doth not so much as gallantly, and like a man of pure mettle, incounter with my Scouts or Forlorne hope, much lesse either like a man of valour, charge and &illegible; my maine Squadron, for in slead of fighting with me and my case, he fights with his owne shadow, and with a fiction of his owne braine, in &illegible; my case, falsifying the truth, my Actions and Sayings, and so wilfully misapplying his wrested law, so that I aver and affirme it, he hath not so much as given my maine squadron (as he calls it) one faire charge; either with sword or pistoll, but like a faint hearted and unskillfull Souldier hath only peeped in my face, and frisked by my right Flanke, and then by the left, and by a swift running horse, hath goe a little into my reare, thinking thereby to nibble at my heele like the old Serpent spoken of in Geneses 3. but alasse it will not doe, and therefore I retort backe his owne words upon himselfe and say, he had need (more then a little) to examine and resure his owne mistaken law, his misinterpretation of Magna Charta, and the Petition of Right, which had very ill fortune, to fall into the hands of such a lawlesse Ignoramous; therefore this I say to him, I both dare and am able, J for all his vapours which I esteeme no more then God did Adams fig leaves, with which he would have covered his nakednesse) to meet him, and a whole Squadron of such heady and light men, face to face, upon equall tearms, upon any ground in England, to justifie and maintaine my present cause against him, whether it be Religion, or the publique liberty of the free people of England, the equall tearmes I desire, it no more but this, that I may have as free libertie to speake, write and peint as himselfe, and I will set my hand to what ever I doe, and seale it with my blood.

I come now to his 22. and 23. page, where he goes about to justifie, that my commitment upon the 19. July 1645. was legall, although I never was heard to speake my selfe, and although, I neither knew my accuser, not accusation, and although, there was no cause expressed in the warrant of my commitment, surely William Prinn writes so fast in his 22. and 23. pages, and without consideration what he said before in his 20. and 21. page, that without doubt hee either thinkes or dreames, that it will never be read over by any man that hath braines in his head, or honestie in his heart, to declare his contradictions, and his confuring of himselfe, by that he writes before, of that which followeth after, but his reason wherefore it is legall, is because that as (he saith,) I had that day publikly reported to Jndependent Hawkins, & others at Westminster, divers groundlesse, seandalous, and malitious reports, amounting to no lesse then high Treason, concerning Mr. Speaker and other Members of the House of Commons, in a libellous, illegall, scandalous, seditious way, of purpose to defame and stitreup the people against them and the whole House of Commons, whose destruction by force and violence, he of his confederates had then beene plotting, and since pursued in sundry private meetings.

To which I answer that his whole accusation, as he hath laid it downe, is a most malitious falshood and untruth.

For first, he saith, I had publiquely reported, to Independant Hawkins, &c. J desire to know the men that heard me when I so did, for surely to this very day, I could never see any man that would in the least aver any such thing to my face, as he speakes of.

Besides (secondly) if J had by way of relation, spoken either to Mr. Hawkins, or any man else, any such thing, I could easily and groundedly, procure my Authors, namely, Mr. Pristy, Mr. Rawson, and Mr. Worly, who had that day, as the least 8. or 10. houres, before I was committed, given in information, to a Committee consisting of foure Members of the House of Commons, under their hands, of some such thing as he speakes of, in whose information, I neither had hand, nor finger, and I professe (before the searcher of all mens hearts) I neither knew what they were about, nor what they intended, till a Marchant of London told me, they were gone into the Committe, about some such businesse, and therefore it could not in the least be any designe betwixt them and me, to whose intentions I was not in the least privie, therefore I would saine have Prinn satisfactorily answer me this question, what was the reason that the three Citizens forenamed, that gave the information in under their hands, should goe scot free, and I that was not privie to their designe, nor never acted publiquely in it, should be clapt by the heeles.

Againe, if Prinn be privie to a designe (acted and contrived by me, and my confederates) by force to destroy the House of Commons, as to my understanding be cleerly avers, I say it, and will maintaine it to his face, he is a Traytor, that he doth not make it legally appeare, and that be and the world may know, that I crave neither mercy nor favour at his hands; I bid defiance to him, and all the men in the world, in that particular, and as for all that abusive language that her gives me, in that and the next page, I tell him in his owne words (that if he had beene a grand I &illegible; he would never have said, what there he saith, not &illegible; such mistaken law as there he doth, therefore againe in his owne words (altering but a few) J say unto him, that if poore William had but law enough, to quallifie him, to be the meanest Iustice of peace, his Clarke, or some Recorders, or Clarks of the Assizes, his Clarkes clarke, be might have known, that by the law of the land, no man ought to be committed to prison, upon a bare suggestion of wicked and malicious men, or by their report, taken from the second or third hand, not to bee sent to prison, with a warrant expressing no cause of his restraint.

Againe, whereas in the same page he would compare my case to a Traytors, I say, there is as great a disproportion betwixt them two cases, as there is betwixt William Prinn, and an honest man, in my judgement and I seriously professe, I judge it to be as great, as possible may be, and therefore, for my part, let all the Iudges in the world whatsoever they be, examine me upon interrogatories concerning my selfe in a criminall cause, I iudge it to be against the Law of God, the law of nature (which will have no man to betray himselfe) the law of the Heathen Romans, and the knowne law of this land, recorded in the 28. and 19. chapters of Magna Charta, & the petition of Right, & therefore by the strength of God, for all William Prinns false and unjust law, I am resolved to dye all the deaths in the world, rather then to betray my just and native libertie in this particular. I come now to his 26. and 17. page, wherein he brings me as a man safely arrived in New-gate, and before I insist upon his grand charge against me. I shall crave leave to give you a narrative of my affaires, after I came thether, which thus followeth.

Immediatly after I came to New-gate, divers of my friends and well &illegible; to the publique, went about the framing of a petition, (without my desire,) to the House of Commons, on my behalfe, which I doe beleeve not a little vexed Prinn, Bastwicke, Col. King, and others of my adversaries, (which as I have just cause to conceive,) made them with the assistance of their base and rascally agents, Williams, and &illegible; &c. goe about to make an uproare in the Citie, by framing, posting, and dispersing scandalous paper libells, concerning my selfe, thereby to make me odious, and destroy me, seeing they knew not handsomely how to come off, their unworthy dealing with me, about my imprisonment, which originally rise from their mallice, but having notice of these libellous papers, I presently writ a letter subscribed.

To the Right honourable the Lord Mayor of the honourable Citie of London, these humbly present.

MAy it please your honour to give me leave to present you with a few lines even now by some of my friends in the Citie, I understand, that there is a strange and dangerous paper presented to your Lordship, and other Magistrates of this honorable Citie, as though there would be some rising of many thousands in London, about my selfe, concerning which false & scandalous paper, I iudge it my &illegible; &illegible; assure you; I have no hand nor finger in, neither am I privie, to the framing, writing or divulging of it, neither doe I beleeve, is any friend of mine, or any friend of the Common Wealths, and I doe further assure your honour, I shall rather chuse to &illegible; and dye in prison, then to take any such uniust way for my deliverance. My humble suit unto your honour therefore is, that you will be pleased to acquaint the rest of your brethren herewith, and take in it such a course, as shall seeme best to you, which will be an extraordinary obligation unto him, that is your Lordships and this Cities faithfull servant,

John Lilburn,

And then within a few dayes after this, (namely the 26; of August 1645.) was presented the forementioned petition, which was subscribed with about two or three thousand hands, divers of them Citizens of good qualitie in London, the Copie of which thus followeth.

To the right honorable, the Commons of England assembled in Parliament

The humble Petition of divers well affected Persons, inhabitants of the Citie of London, and Westminster, the Borrough of South warke and places &illegible; &illegible; in the behalfe of Lieu. Col. Iohn Lilburn, now prisoner in Newgate.

Sheweth,

THat whereas the above named Lieu Col John Lilburn, hath before this Parliament, with true zeale to God, and affection to his Countrey, ventured his life and estate, in opposing the tyrannicall proceedings of the Bishops, and Star-Chamber, whereby he became, (as God was pleased to order it) a speciall instrument, of their downfall, and for as much as the said Lieu. Col. Lilburn, hath with like zeale, and affection, since the Parliament, neglected all private affaires for your defence, and his countreys service, in the faithfull performance where of, he hath suffered, verie much in his person and estate.

Your Petitioners doe therefore humbly, intreat this honorable house, in respect of the former faithfull services, and hard sufferings, of the said Leiu. Col. Lilburn and for the &illegible; of us your humble supplicants, and other his friends, your faithfull servants abroad, and to prevent the rejoycing triumph and advantage of our common enemies.

That you will be pleased; to order his suddane removall from the infamous prison of Newgate, and to take a review, of the occasion of his restraint, and in your debating thereof, that you will be pleased to make the most favourable construction of the same, and if it may stand with your wisedomes, to give him his speedy inlargement, that you will be pleased to give reliefe to those pressures that remaine upon him, by ordering unto him a competent part of his &illegible; for the support of his wife and familie.

Upon the knowledge of which petition, the house proceeded as followeth.

Die Martis 26. August 1645.

THe House being informed, that divers well affected persons were at the doore with a petition, they were called in, and one of them acquainted the house, in the name of the rest, that they came to present a petition to the Commons house, on the behalf of Lieut. Col. Lilburne, The petition was read, and was for his inlargement from imprisonment in Newgate, and for some present reliefe for him out of his arrears.

Ordered &c.

That Mr. Walker, and Mr. Steele be desired from this House, to manage the proceedings by &illegible; or other wise, to be had against Lieut. Col. Lilburne, now prisoner in Newgate, at the next generall Sessions, to be held for the City of London, and that Mr. Breadshaw formerly desired to attend that service, be discharged of it.

State reports, the answer to be given to the Petitioners, concerning Lieut. Col. Lilburne, which was read, and upon the question assented unto.

The Petitioners were againe called in, Mr. Speaker by command of the House, acquainted them with the answer of the House to their Petition, which was in &illegible; verba.

H. Elsynge, Cleric.

Parl. D. Com,

That Lieut. Col. Lilburne, is justly committed by this House, that for some of his offences, he stands referred to a tryall at common Law: that the House doth not approove of the coming in of this Petition at this time, the cause thus depending, and the party himselfe not acknowledging the justice, nor desiring the mercy of this House: that when there is a fit time for either, the House will proceed accordingly, in the mean time the House hath provided for his convenient maintenance.

H. Elsynge, Cleric. Parl. D. Com.

Die Martis 16. Augusti, 1645.

ORdered by the Commons assembled in Parliament, that Sir John Tenell, doe pay the one hundred pounds remaining of his fine of 600. l. to Lieut. Col. Lilburne, now Prisoner in Newgate, or to such as he shall appoint to receive the same, and that the acquittance of the said Lieut. Col. Lilburne shall be a good discharge, to the said Sr. Iohn Terrell, for the said remaining &illegible; l.

H. Elsynge Cleric. Parl, D, Com.

Which 100. l. I received, and with there money added to it, spent in my imprisonment in charges, managing and following of my businesse &c.

Vpon the receit of these orders, J expected to have been called forth the next sessions after, &illegible; nothing in the world with more eagernesse then I did to come to a publique tryall, but during that sessions it was all in vaine, which made me wait with as much patience as I could, till the next Sessions.

And upon Tuesday or Wednesday the 8. or 9. of Octob. 1645. the sessions began at Newgate, and in the forenoon being somthing treubled that I should lie in prison, and hear nothing from any man in the world as my prosecutor, I intreated a Gentleman that was with me to slep a little way to a friend of mine, being a Counsellor, and desire him to come and speak with me, which he did, and having communicated my mind to him, which was, that seeing I was by order of Parliament turned over to a tryall at the sessions of Newgate, and could heare nothing from the Iudges thereof, either the last sessions, or this present I had an earnest desire to speak with the Lord Major, and the rest of the Iudges there, and intreated him that for his fee he would go to the bar, and make a motion for me, which he refused, giving me some reasons, wherefore he iudged it better and fitter for some honest private friend to go downe and do it for me, whereupon there being with me a young Gentleman, a Marchant of London, I intreated him to oblige me so far to him, as to go to the Court, and to observe his convenient opportunity to speake to the Court for me, which he did, and as himself told me, expressed himself in this manner.

My Lord, I am come from Lieu. Col. Lilburne, now prisoner in Newgate, who presentt his humble service to your Lordship, and the rest of the Judges of this honourable bench, and &illegible; me makes it his humble suit unto you, that you would vouchsafe to honour him so much, as to send for him, that he may come and speake with this honourable bench, which was presently granted, and officers immediatly sent up for me, and at my coming before them, I came close to the barre, and gave them that respect which I conceived was their due, whereupon the Recorder as the month of the Court, demanded of me what I had to say to them?

Vpon which I addressed my selfe to my Lord Major (for he being present, I conceived him to be the chiefe in the Court) and said with as audible a voice as I could, my Lord. I am a freeman of England, and I hope all my actions, are cleare demonstrations unto all that know mee, that I act by principles tending to the preservation of my just freedome, I have now been almost 12. weeks a prisoner: 12 at so long saith the Recorder? yes Sir said I, it wants but 3. dayes of 12. weeks compleat, and my Lord, I was committed without any crime expressed: and by all the friends I have in England, I cannot (from the day of my commitment, to this present houre) learn groundedly the true cause of my imprisonment.

And my Lord in August last, divers well affected Citizens and Free-men of London (being friends of mine) presented the honourable house of Commons with a petition on my behalfe, and by way of answer, they were pleased to make this order in my hand, which is subscribed with the hand of the Clarke of the house of Commons, which order so much as doth concerne this honourable bench, I humbly crave leave to read unto you, which was granted, the very words of which Order thus followeth:

That Mr. Walker, and Mr Steele be desired from this House to manage the proceedings by &illegible; or otherwise, to be had against Lieut. Col. Lilburne, now prisoner in Newgate, at the next generall Sessions, to be held for the City of London, and that Master Bredshaw formerly desired to attend on the service be discharged of it.

Here your Lordship may cleerly see, that I am referred to this bench for a legall tryall, and the time when it ought to have been (by this order) was the last sessions, every day of which, I was ready and expected to have been called out: but your Lordship, and all other being silent, in not (according to the order) calling me out, is a clear demonstration (to my understanding) that neither your Lordship, this bench, nor any other person in England, have any crime to accuse me off, or to lay to my charge. I expected likewise at the beginning of this Sessions to have heard from your honour, but contrary to my expectation, hearing nothing from you, I was full of longing desires, that you might hear somthing from me.

And now being by your Lordships owne favour and grant come before you at this barre, I make it my earnest and humble suite unto your Lordship, that if either your Lordship, or any man else have any thing by way of crime to lay unto my charge, that proclamation (according to the custome of this bench) may be made, that my accusers may come in, and I doubt not but by Gods assistance, to make a cleare, just, and satisfying defence for my selfe, for I am conscientious of my owne actions, sayings, and doings, and my conscience tels me (I blesse God for it) that my innocency, integrity, and uprightnesse, (in reference to my conformity to the lawes of England) is such, that I need not to be afraid of the face or complaint of any man breathing: onely this favour I humbly crave at your honours hands, that in case upon proclamation a charge be laid against me, that then you will be pleased to give me &illegible; or 3. houres time (which is the most that I desire) to read and consider upon the charge, and to recollect my thoughts: which favour if I may enioy from you, I doubt not but to make a full satisfactory and iust defence: whereupon the Court caused inquisition to be made, whether any thing was come into the Court against me or no?

Answer being returned, there was nothing at all, upon which the Recorder, Mr. &illegible; was pleased to tell me that there was nothing come into the Court against me, so that he said, Mr. Lilburn, here is nothing to be laid unto your charge.

Upon which I addressed my selfe to the Lord Mayor, and said my Lord, seeing I am by the House of Commons referred to this honourable bench for a legall tryall, and the bench certified me they have nothing to lay to my charge, I being a free man of England, (a Kingdome that professeth to be governed by Law, and desiring for my part, no longer to live in the Kingdome, and to enjoy the benefits of the liberties thereof, then by my life and actions I declare a submission and subjection to the lawes thereof established) I therefore according to Law, seeing that you have nothing to lay to my charge, humbly intreat your honour, that I may be released from my illegall and unjust imprisonment, for give me leave to tell your Lordship that the law is in a manner, as tender of a free mans libertie, as of his life, and will not have it easily or upon slight grounds taken from him, or when it is taken to be continued; for my Lord, the law doth not &illegible; that a freeman, (whatsoever his crime be) shall be cast into prison and there destroyed, much lesse that a free man shall be committed to prison and there destroyed, having committed no crime, which is my cases but the Law is so tender in her &illegible; of providing for the free men of this Kingdome, that free doth command, that if any free man be committed for what crime soever, or upon what pretence of a crime soever, that he shall not there lye, to be murthered or destroyed, but that he shall with all convenient speed be brought to a publique, open, just and legall tryall; and if he be found a transgressor of the law, to suffer punishment according to the law, and not otherwise, (read the whole petition of Right) or if he have not transgressed the law, that then he shall without delay be delivered, and he punished according to the law, that hath wrongfully molested him, contrary to law, and therefore my Lord, I being a free man of this Kingdome, and arbitrarily kept in prison, and this honorable bench telling me, that there is no crime laid to my charge, I humbly desire of you my iust and long expected libertie, upon which the Recorder stood up and said.

Mr. Lilburn, you desire that of us which lyes not in our power to grant you, for you were not committed by us, the which if you had, we ought then in this case to have given you your libertie: but you are committed by a higher power, even by the House of Commons it selfe, which if you please rightly to consider of that order which you have even now read, you may easily perceive that they have but only made a reference to us to try you according to law; and seeing nothing comes in against you, we are to certifie the house thereof, from whom you are to expect your liberty, and I doe assure you, I will make a motion to them that you may: For which I humblie thanked him, but still addressed my selfe to my Lord Mayor, and said, may it please you to take notice that by the order of the House of Commons, I am referred to this bench to receive a tryall according to law, and you your selvet doe tell me that you have no transgression of the law to lay to my charge, and therefore, I thinke it is just and according to law, that you should give me my libertie; but seeing you tell me you cannot, I have two things to propound unto your Lordship and this bench, and humbly to desire of you, but shall leave you to chuse which of them you please.

First, that seeing I am referred to you for a legall tryall, and you tell me there is nothing I aid unto my charge, and yet tell me you cannot give me my liberty, &illegible; in the first place I humbly intreat your Lordship, and the rest of the bench, to give it me under your hands by &illegible; of Certificate, that here is nothing come in against me, that so I may get some of my friends effectually to declare it to the Hous, and move them for my libertie; or if you judge this &illegible; convenient, then secondly I make it my humble suite to Mr. Recorder, (being a Member of the Honourable House of Commons,) that he will be pleased not only to promise me to move the House, but effectually, cordially, and speedily to doe it, that so I may without delay injoy my long desired and just libertie, and no longer be liable by multitudes of provocations, and my owne pressing and urgent necessities, to &illegible; such a course for my libertie, as will be neither for the honour not credit of those that committed me hither, although it be as little for my profit, for necessity hath no Law: So Mr. Recorder promised me that he would fulfill my desire, and I tooke my leave of them; and an I withdrew, I could perceive divert people (which to me were strangers &illegible; be much affected with my condition, and &illegible; the Lord blesse me for I was an honest man, and stood for their liberties.

Within two or three dayes after this, I writ a letter subscribed, For the right honorable, the Lord Mayor of the honourable Citie of London these humbly present.

MAy it please your Lordship to youthsafe me the libertie, to put your honour in mind of the promises that was made unto me at the late Sessions, where your honour was present, which was, that Mr. Recorder would speedily move the House of Commons, that I according to law and justice, might speedily be delivered from my causelesse imprisonment, I have affirmed the boldnesse to send my wife to present your honour with these few lines, humbly intreating your honour to declare unto her what is done for my libertie, so justly my due, and what I may trust too in reference to it, so craving pardon for my boldnesse, I humblie take my leave, and rest.

My Lord your honour most humble
servant John Lilburn.

And within three dayes after the writing of this letter, I received an order for my discharge, which thus followeth.

Die Martis 14. Octob. 1645.

MR. Recorder acquainted the House, that two Sessions were now passed since Lieu Col. Lilburn was removed to Newgate, and had continued a prisoner there, and that no information or other charge had been yet brought against him, and at this last Sessions, he humblie desired either to be tryed or to be discharged. And it is there upon resolved upon the question, that Lieu. Col. Lilburn be forthwith discharged from his imprisonment.

To the Keeper of Newgate
or his Deputy.

Hen. Elsing.

Cler. Par. D. Com.

So that all the world may cleerly see, that for all William Prinnt and his Associats inveterate mallice, I have had a farre comming of, and an honorable deliverance from my imprisonment; but before I conclude, I must returne againe to his sencelesse book called the Lyar confounded, which came out the same day, that J was freed from my imprisonment, in the 17. page of which he taketh occasions to speake of printed libells of mine (as he is pleased to call them) and of a letter written by an utter Barrester to his speciall friend, concerning my imprisonment, and affirmes that they are but malicious, scandalous libells, and fire brands of sedition, to excite the ignorant vulgar, and Separates of his faction, against the Parliament, and promote some Anabaptists long agitated, and late detected conspiracie; to root out the members of this Parliament by degrees; beginning with Mr. Speaker, whom if they could cut of, all the rest would easily follow: and if this succeeded not, then to suppresse and &illegible; of this Parliament, by force of Armes, and set up a new Parliament of their owne choice and faction, to which conspiratie all Lilburne &illegible; papers, &c. were but so many preparitives and incentives to prepare the people to joyne with, and assist them in this damnable traitorly plot.

To which I answer, that William Prinn it so lavish of his tongue, that few regards what he saith, And J am very confident that he cannot in the least make any part of this affirmation good, unlesse it be by witnesses, that makes as little conscience what they say as himselfe, I could pay and &illegible; William Prinn about this charge, having already taken a little paines to discover the bottome of it since I got my libertie, and severall times I have beene with the Lord Mayor of London about it, who once had out Williame in his power, that made it his worke to got up and downe London, reporting, that I was the bend of a faction, of 30000 men, who had a bloody designe in hand, but in regard there are more considerable persons concerned in it, then W.P. and in regard I take no delight to contest with more then absolute necessitie, I shall reserve the &illegible; of William Prinns deep designe in this groundlesse accusation, to take away my list, for a reserve unto these lines, in which J doubt not but to cudgell him, as foundly as ever he was in his life, and also electly make it appeare, that his study and practice is principally to be an &illegible; against honest, peaceable, and well meaning men; and to blow the coales of division in the state and Kingdome, to the apparent hazard and danger thereof, being in this particular an absolute &illegible; of whom it was said before he was born, Gen. &illegible; that he should be a wild man, his hand will be against every man, and every mans hand against him, and in my conception one maine visible and of his so doing, is a proud and pecuniary end, that so he might be popular and esteemed some body in that he contests with every bodie (though himselfe knowes not wherefore) the ready way to beget unto himselfe multitudes of clients, thereby to fill his pockets with the unjustices of contention and strife;

Whereas if William Prinn were truly for the peace and prosperitie of the Common Wealth, (and not absolutely for his owne interest) he would importune the Parliament, to make a few plaine and easie (to be understood) lawes, which might command the speedy ending of all differences betwixt man and man, amongst some competent judges of the same neighbourhood, where the difference doth arise, and in case of difficultie of judgements, to have no other appeale, but either to their &illegible; Countie Assizes, or the next Parliament, where the truly contentions, and unwilling to be at peace, might be soundly paid for their jangling, which way would rid the Kingdome of one of the unprofitable kind of cattle remaining in it, namely William Prinn, and his jangling Associates who at the best are but an uselesse rabble, appropriating, lying and purse-milking generation.

But as for his bitter charge of high treason against me, I blesse God, J groundedly know the innocency and integritie of my heart to be such, that I may and doe with confidence sound a loud Trumpet of desyance to him and all his Associats in England, groundedly to fix upon me, and legally to prove against me, the least appearance or suspition of any such thing, as he publiquely in print, (licenced thereunto by Authority,) declares me guilty of, to the view of the whole Kingdome, namely, that I have conspired with other Separates and Anabaptists to root our the Members of this Parliament by degrees, beginning with Mr. Speaker, whom if we could cut off, (he saith) all the rest would easily follow: And if this succeeded nor, then to suppresse and cut of this Parliament by force of Armes, and set up a new Parliament of our owne cholee and faction.

Looke to it Prinn I advise you, and put fotth all your skill to make your charge good, for this J doe protest, I am resolved by the strength of God, to put you to it, and to have against you both law and justice; if there be any to be had in England: Or else I am resolved to lye in the dust, for so large experience have I had of this maxim, that honesty is the best policie, that it makes me considerly beleeve, uprightnesse begen boldnesse, and that as Solomon saith, he that walketh uprightly, walketh surely, and that the righteous are as bold as a Lyon, and therefore W. Prinn &illegible; not, but I may live to see the time that equitie, justice and truth shall flourish and take place.

Surely having so many potent and bitter enemies as I had when I was in prison, if they or he, had had any just ground for this that he saith, they would have tript up my heeles, and laid me in the kennell without mercy or compossion; but the honourable house of Commons discharging me out of New-gate by vote, as they did, is a cleere demonstration to me, (and I thinke to the whole Kingdome) that they judge me to be an honest man, and free from any such thing as Prinn maliciously accuseth me off; and their dealing with me in that particular, makes me confidently beleeve that the most of them intends to doe me justice and right, not only against my former oppressors, but also against my late ones, for taking my liberty (contrary to their own Law) away from me, which Law made, this present Parliament in the act for abolishing the Starchamber saith, that from henceforth no count, Councel, or place of Judicature, shall be erected, ordained, constituted or appointed, within this Realm of England, or dominion of Wales, which shal have, use, or exercise the same, or the like jurisdiction, as is or hath been used, practised or exercised in the said Court of Starchamber: And he it further provided & enacted, that if any Lord Chancelour, or keeper of the great Seal of England, Lord Treasurer, keeper of the Kings Privie Seal, President of the Councell, Bishop, temporall Lord, Privie Counsellor, Judges or Justice whatsoever, shall offend or do any thing contrary to the purpoet, true intent and meaning of this Law, then he or they shall for such offence, forfeit the sum of good of lawful money of England, unto any party grieved, his executors, or administrators, who shall really presecute for the same, and first obtain judgment, thereupon to be recorded in any court of Record at Westminster, by action of debt, bill, plaint, or information, wherein no Essoine, protection, wager of law, and prayer, priviledge, injunction or order of restraint, shall be in any wise prayed, granted, or allowed, nor any more then one imparlence.

And if any person against whom any such judgment or recovery shall be had as aforesaid, shall after such judgement or recovery offend again in the same, then he or they for such offence, shall forfeit the sum of a 1000. l. of lawfull money of England, unto any party so grieved, his executors, or administrators, who shall really prosecute for the same, and first obtaine judgement thereupon, to be recorded in any court of Record at Westminster, by action of debt, bill, plaint, or information, in which no Essoigne, protection, wager of law, and prayer, priviledge, iniunction, or order of restraint, shall be in any wise prayed, granted, or allowed, not any more then one imparlence.

And if any person against whom any such second judgement or recovery shall be had as aforesaid, shall after such iudgment or recovery of offend again in the same kind, and shall be thereof duly convicted, by inditement, information, or any other lawful way or means, that such person so convicted, shall be from thenceforth disabled, and become by vertue of this act uncapable, Ipso facto, to bear his, and their said office, and offices respectively, and shall be likewise disabled to make any gift, grant, conveyance, or other disposition or any of his lands, tenements, heriditaments, goods, or &illegible; or to take any benefit of any gift, conveyance, or legacy to his own use.

But it may be obiected, what is this to you, who have not to deal with any Courts here named, but with Committees of Parliament, who are branches of a legislative and arbitrary power, and so not tyed to this rule? to which I answer thus, that though I have to deal with those that are not here named, yet (I conceive) they are intended aswell as any exsprest: Again I say, a Committee of the House of Commons, is not the whole Parliament, no not the whole House of Commons it selfe, according to their owne principles, and therefore in my iudgement, they are not to act contrary to a known and received law, and therefore cannot iustly imprison any man contrary thereunto, neither by a Committee of theirs, nor by the whole House of Commons it self, they being not recording to their own principles, the whole Parliament but a part of it, and therefore that which is established by the whole (as &illegible; is by; Estates, and an ordinance by a Estates) cannot iustly be &illegible; by apart &illegible; the House of Commons, but one estate, much lesse by one of their Comittees, which is but a &illegible; of this one estate, but much lesse can it iustly be done, by a Comittee that had no power at all given them by any one estate, to do with me as they did: and therefore (for my part) I iudge a law to be a law, untill it be made void by all the 3. estates that made it, or at least by the a estates ioynely, that takes upon them to make ordinances in this time of necessity, to make void a law at present, and besides an ordinance, I iudge to be an ordinance, and binds those that made it as well as others, till such time as the same power that made it, do abrogate it, or at least, till such time as as great and declared a necessity compell the House of Commons one estate, to act singly by an order, as doth now the a estates of Peeres, and Commons, to &illegible; by an ordinance, and therefore I am absolutely of this mind, that &illegible; Committee of the House of Commons, nor the whole House of Commons &illegible; &illegible; &illegible; imprison me, or any other, contrary to a law, against &illegible; at present there is not some ordinance made both by them and the Peeres &illegible; &illegible; &illegible; to overthrow it. But I have severall times been imprisoned &illegible; &illegible; and by vote of the House of Commons it self, contrary to a knowne law, &illegible; this present Parliament by themselves, against which there is at present no ordinance published and declared by them and the Peeres, for the cognisence of: &illegible; (I say) they are tyed in Justice according to the renour of this law, to give me reparations against those persons that were chief instruments, either in Committees, or in the House of Commons it selfe, to vote and take away my liberty &illegible; me, contrary to this law, and for my part, I do accordingly expect my reparations, for my late causelesse molestations and imprisonments, for as the proverb is, honest men will alwaies be as good as their words, but J (according to charity) iudge the maior part of them to be honest men, and therefore do Iustly exspect, that they will make good to me, &c. their owne voluntary ingagements votes, oathes, protestations, and declarations, in which they have protested before heaven and earth, and called the great God therof to hear witnesse, that their designes, aymes, and intentions, were pure for the preservation of the laws, liberties, and proprieties of the free men of this Kingdom.

And whereas Prinn and other time servers do keep such a stir about the priviledges of a Parliament man, as if one single Parliament man had as much and as many priviledges, prerogatives, and immunitives, as the whole, or as if there were a kind of Drity or infallibity conferred upon every member of the house of Commons, as soon as he comes within their doors, a though after that time he were no more subiect to law, nor could do any more evill (I say) such parafires and flatterers may as iustly be called the Parliaments wicked Councellors, as ever Strafford, Canterbury, Digby, or Cottington, might be called the Kings, and for my part, I iudge such principles is destructive to the peace and welfare of a common-wealth, as in maintaine that a King hath no other rule to walk by but his own will, and that he is accountable to none for his actions, but God onely: and for the priviledges of Parliament, I think I cannot be bound to take notice of any, but what is publiquely declared, but no such priviledge (that I yet ever knew of) is declared, that a Parliament man, or a Committee of Parliament, may do by me or another, as of late I have been dealt with and therefore I conceive, I may iustly say without breach of their priviledges, that I have been uniustly dealt with in my late imprisonment, to be imprisoned so contrary to the known and declared laws, I have been without either cause shown, or a legall tryall.

And for my part my iudgement is, that no government can be iust or durable, but what is founded and established upon the principles of right reason, &illegible; and &illegible; justice, equity and conscience, and sutable to these principles were my actions and carriage towards the Parliament, during my late imprisonment in Newgate, as by the Coppy of this ensuing letter will appear, which then followeth.

To his much honoured and approved friend, Mr. Cornelias Holland, Member of the honourable House of Commons, present these.

Sir,

I Am informed, it is conceived by the honourable House of Commons, that I have said or done somthing tending to the dishonour or disturbance of the Parliament, and that thereupon they have apprehended iust cause to commit me Prisoner to Newgate:

Sir, I was divers times before apprehended by Messengers, and after committed to safe custody, without cause shown, or witnesse brought forth to accuse me of any thing, twice I have been examined upon interrogatories, in way of crimination against my selfe, all which I apprehend to be contrary to the Law of this land, and against the rules of common equitie and justice, and so not justifiable in any authority whatsoever.

That the liberty of my Countrey, and a iust Parliamentary authority, have been and are precious in my esteem, both my former, and latter services and sufferings in their iust defence will sufficiently witnesse.

Much instigation there hath been against me, by some who are opposite to me in iudgement, about matters of Religion, and many evill Offices have been done unto me (God forgive the Authors thereof) I have beene much afflicted, and somewhat I may (unawares) have been provoked, there being no perfection in me, nor any others on earth. Yet my iudgement is, that the well being of the whole Nation (wherein my owne is necessarily included) doth (under God) depend on the iust proceeding, and quiet continuation of this present Parliament, and I professe it never entered into my thoughts, to speake or do any thing rending to their dishonour or disturbance, neverthelesse if I have said or done any thing, which to the apprehension of that wise and honourable House seemeth to tend thereunto, it is my extream grief, and I am heartily sorry for the same, and if you shall be pleased to represent me to the honourable House in these my humble and true expressions, it may be a mean to mitigate their displeasure conceived, and to restore me to a better construction, and their iust favour, which is the earnest desire of him who is,

Sir,                                   
Your most humble servant,

John Lilburn.

I shall now-take a little liberty to declare unto the world my condition from time to time, that so (for all Mr. Prinns reproaches) they may cleerly see, I have drawn on no designe, but that which is iust and honest: I shall begin with my imprisonment by the Bishops, in which (besides the losse of my liberty, and of those grounded hopes that I had of a comfortable living in the Low-Countreys by my industry, and besides all those cruelties that I endured in that captivity) I lost (besides all this) the present affection of my Father, and it was upon this ground, he being then in a long tedious and chargeable suite for all his land, which had lasted and continued some scores of yeeres, and cost him some thousands of pounds, and having not long before my imprisonment been heard before the King and his Privie Councell, where my Father (for all the extraordinary potency of his adversaries at Court, who were of the highest rank there) had a fair proceeding, but afterwards I coming into trouble, and contesting with the Bishop of Canterbury, the crafty subtile For (when he perceived that I was not of a flexible disposition, but refused to stoop to his will) fell pell-mell upon my Father, (who then was not out of the bryars) and so frighted him (as then by his potencie he could do any man in England) that he looked for nothing but suddain destruction from him: And all this he did to get him to be the instrument to make me bend and submit, but God comming in with strength to enable me to withstand this tempeation, it caused no small anger to proceed from my Father towards me, which made me resolve (after I was freed from my imprisonment in the Fleet) to go beyond Sea as a Factor, which I was prest unto by some in London, but the House of Commons making so much use of my imprisonment, and illegall sufferings under the Bishop: and with all went on solegally and iustly in the examination and voting of my busines, that it gave grounded hoper to me that I should be possessor of a speedy & large reparation from them, and the rest of my uniust Judges in the Starchamber, which moved me to think of feeling of my self in England, that so I might both follow a calling for my livelihood in the world, and also my businesse in the Parliament, and accordingly my Vnkle Mr George Lilburne, and my self, fell into propositions of managing of a Brew-house and about 1000. l. he put in into it, and not long after I married, where I blesse God with industry and paines, I in short time raised a compitent trade in a house, that had none in it before, and within a short time after upon agreement betwixt us, he turned it all over to me:

But these wars immediatly coming on, I gave it over (as before is mentioned) the stock according to my books, in debts, &illegible; and other things laid out about it, amounting to above 1500. l. and so successefull was the blessing of God upon my endeavors, that I never compounded (for all the losses I had that yeare, I was in Oxford) either with my Unkle or any other creditor I had, but have in a manner) faithfully paid and discharged all my debts, though when I gave over, I was necessitated to put of many of my commodities at easie rates, and by reason of hast, lost in one parcell of coales, I am confident above 200. l. that in two months after I had sold them they would have given me.

Well then into the wars I went, where I am confident all the while I was in them, I plaid the part both of an honest, active and stout Commander, and was as ready and willing to adventure my life as any man J marched a long with, at Kenton field, was I plundered, and at Branford lost I (in a manner) all that I had, and after a long fight there with a handfull of men against the Kings whole Army, my person after I had severall times scaped the danger of drowning, was taken a prisoner, and this I dare say of that peece of service, that the Parliament, the Citie, and the whole Kingdome, owes not more to any one particular number of Commanders and Souldiers, and for one particular ingagement, then they doe to my selfe and the rest that was in that at Branford, who (under God were not only) the &illegible; of the Traine of &illegible; (which then with a slender guard was at &illegible;) but also of the whole Citie, and consequently of the Kingdome, although we were sent thither without Ammunition.

For when we had the &illegible; first, we had neither provision, (that I &illegible; of) of March, Powder and Bullet; but were necessitated to ransacke the &illegible; and houses in the town for our present supply, and although I &illegible; freely adventured my life there is any man whatsoever, and put forth the utmost of my skill, resolution and &illegible; yet I had but a little ground for it, having resolved to give over my foot company to my Lieutenant, which was upon this ground, immediatly after &illegible; &illegible; I was from Northampton sent &illegible; to London upon speciall businesse, by my Colonell, the truly honorable Lord Brooke, and divers of my friends in London, pressed me to give over my foot command, and take the charge of a troop of Horse, in the new Armie, under the Earle of Warwick, unto whom (with a Citizen known to him) I went to desire a Commission for that end, who wished me to bring unto him a Certificate of my fitnesse from any of the Aldermen or Militia men of &illegible; in London, and it should be done, unto whom I went, and had from divers of them upon my bare desiring of it, this which followeth.

VVEE whose names are here under written, being of the &illegible; for the Militia of London, and others, doe upon our knowledge, testifie that Capt. John Lilburn is a man both faithfull, able, and fit to be Captaine of a Troop of Horse (having shewed his valour at the batell of &illegible; as we are credibly informed) unto which service we desire he may be admitted, and for that &illegible; of his friends Citizens of London, will furnish him with horse for that purpose.

&illegible; Worner. &illegible; &illegible; &illegible; &illegible; &illegible;
&illegible; Wright. William Gibbs. Thomas &illegible;
Richard Chambers. John Towse. John &illegible; Knight.
John &illegible;

And after I had goe this certificate before I went for my Commission to the Earle of &illegible; I went to my Lord Brooke, (whom I found at Esses house with the Lord Generall) and after I had acquainted him with my intentions, and desired him to settle my foot company upon my Lieutenant, his Lordship replyed, Lilburn the King is at Coalburn, and I doe verily beleeve, we shall speedily have an other &illegible; with him, and therefore I intreat thee doe nor leave me, and my Regiment now, for I hope we shall be at him, and the wars will be at end before then canst get a troop of horse raised, and therefore if thou leavest me now, I shall thinke thou art either turned covetous, and therefore would have a troop of horse for a little more pay, or else thou act turned Coward, and therefore would leave thy foot company, now when we are going to fight, and J doe beleeve (saith he) shall doe it to morrow; unto which I replyed, my Lord, it is not &illegible; for me to make comparisons with you, but this give me, leave to tell your honour, that because you shall know that I am as free from covetousnesse or cowardlinesse as your selfe, J will take my horse (for all it is so late) and post away to Branford to your Regiment, and fight as resolutely to morrow, as your Lordship shall, although I have already surrendred up my company to my Lieutenant; and promised him to solicite your Lordship to confirme him in it, so away I went, and (I thinke) it was about 9. a clocke at night before I got thither, and this I am sure off, that in the morning when we had the Alarum, all the horse left us, which were about 10 or 12. troops, and Lieu. Col. &illegible; drew out so much of Col. &illegible; Regiment as was there, and that part of our Regiment which was there having neither Col. Lieu. Col. nor Serjant Maior to order and command them, did faire and easily on their owne &illegible; march out of the towne towards London, of which when I heard, I galloped after them, and put them to a stand, at the head of whom, I made the best incouraging speech I could, and &illegible; those Colours that were mine into my owne hands, and desired all those that had the spirits of men, and the gallantry of Souldiers, and were willing resolutely to spend their bloud for the good of their Countrey, and to preserve that honour that they had lately gained at &illegible; battell, to follow mee (who promised not to leave, them, so long as I was able to fight with them) which promise by Gods assistance I performed, and had those whose hearts failed them, to march backe againe to London.

Upon which they all faced about without any more dispute, and I led them up &illegible; the field where their fellow Souldiers the Red &illegible; were, which ground with them we maintained divers &illegible; together in a bloudy fight, like resolved men, although I beleeve, we were not &illegible; effective fighting men against the Kings whole Armie, who hotly plyed us from severall places both in front and &illegible; with &illegible; and &illegible; and we had neither breasts-worke, nor &illegible; nor any other defence, but one little bricke house, and two or three hedges.

And having lost my libertie here in this fight, I endured a hard imprisonment at Oxford, and stood as close to the Parliaments cause there, as any prisoner whatsoever, and I am sure spent not a little money there, and was &illegible; ready to helpe &illegible; poore man to the utmost of my abilitie, as the richest man there, and have divers &illegible; of money that I &illegible; unto the Parliaments prisoners there, to keepe them from starving, yet owing me, but I must confesse at my comming out from thence, my Lord Generall Essex used me the most honourable and noblest of any man, that ever J yet had to &illegible; with in the Parliaments service, which J have often acknowledged, and judge my selfe still obliged in point of gratitude to doe as long as I live.

But having some invitation to goe downe to Lieu. Gen. Cromwell (my old friend that goe me my libertie from the Bishops Captivitie) in the Earle of Manchesters Armie, which I found then at Lincolne with whose men on that day they attempted the storming of the castle there, I freely adventured my life, though I had no particular command amongst them, and after the gaining of that, I was made Major to Col. King, my Commission bearing date the 7. October 1643. and soone after, I had this Commission, I came to London, during which time Col. King imprisoned divers of his Officers, and divers of the townes people, and some of Lieu. Gen. Cromwells Troopers, for assembling together at a private meeting in a most dispitefull and disgracefull manner, so that when I came downe to Boston againe I found all things in peeces which I was so far from fomenting as Col. King, himselfe cannot but acknowledge that I put forth the utmost of my &illegible; to soulder together, and pacified Captaine Cambridge my owne Lieutenant, &illegible; and the honest people in the Towne, who if I had not been, had immediatly &illegible; against him, before ever he had beene well &illegible; in his governmentship, of Boston and Holland. I also rid to Steford to Lieu. Gen. Cromwell, with whom and his officers and Souldiers, I used the best of my interest, to make peace, which I accordingly did, although divers of the Souldiers in Lieuten. Gen. Regiment &illegible; so exasperated, that they were resolved either to lay downe their Armes, or to get him punished for abusing of them, and be comming to the Lieutenant Generall to Steford, was so well pleased with me, and what I had done for him, that he immediatly gave a Commission of his owne making under his hand, to my eldest brother in these words.

BY vertue of a Commission to me directed, from the right honorable Edward Earle of Manchester, Serjant Major Generall of all the associated &illegible; of Essex, Norfolke, &illegible; Lincoln, Cambridge, &c. authorizing me to raise a Regiment of Horse in the County of Lincolne, I doe hereby constitute and appoint you to raise and &illegible; what horse and men you can in the &illegible; of &illegible; on Holland and in the parts of &illegible; in Lincolnshire, and to &illegible; and take all such &illegible; as have beene plundered and sold by Souldiers, and the same to imploy to the service of the Kingdome and Parliament, given under my hand at Steford the 19. day of Decemb. 1643.

Edward King.

To Capt. Robert Lilburn.

And upon farther discourse betwixt him and the Lieu. Gen. who with his &illegible; was shortly to leave Lincolnshire, and &illegible; to his Generall, &illegible; Col. King the &illegible; and fittest man then that he knew in Lincolnshire, &illegible; &illegible; of the &illegible; he and Col. King immediatly sent &illegible; post to the Earle of Manchester at Cambridge, for the &illegible; and inlarging of his Commission, and after I had given the Earle an account as exactly as I could, of things in Lincolnshire, and particularly of his carriage at Boston, which he particularly inquired of me, I rendered him as acceptable as I could to my Lord, out of no other &illegible; in the world, but that the publique affaires might flourish and prosper which J &illegible; much hoped he would be an instrument in part to effect, and I brought him from my Lord a Commission to be governour of the Citie of Lincoln, and the County thereof, and continued an extraordinary and fair, &illegible; &illegible; with him a good while after, till such time that his two &illegible; (the &illegible; of &illegible;) Mr. Lee and Mr. &illegible; set us together by the &illegible; (the proper and true worke of the &illegible; of the most of that &illegible;) which two did add such &illegible; of such to the &illegible; of his pride, that he &illegible; &illegible; &illegible; as an &illegible; and by his &illegible; and the will of his Bishop Lee, would make us march backward and forward as he pleased when and where he had a mind, without calling a Counsell of War to &illegible; with his Officers, whose lives were principally to be ingaged in the things hee went about, the first finder &illegible; with which I my selfe was, and yet at that &illegible; time obeyed the &illegible; from which &illegible; forward the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; and greater, in so much that when we &illegible; &illegible; the &illegible; Newarke, although he received some thousands of pounds of the Lincoln Committee (as some of them have told me) to pay his Officers and Souldiers with, yet (for my part) I could not get one 6. d. of it, although I paid my quarters all the time I was under his command, both for my selfe, wife, &illegible; and horses, and spent above (I dare safely say it) 100. l. of my owne money, besides what I received as my pay from him, although as some of the Committee of Lincoln (doe in the 19, Article exhibited to the House of Commons against him, and now in print, affirme) he hath received vast sums of the Countreys money, amounting to about 10000. l. much of which they say he hath levied in an illegall and &illegible; way, and issued our accordingly.

And although William Prinn be so impudent in the fourth page of his booke, falsly to affirme that Col. King imprisoned and &illegible; me, for my seditious and schismaticall carriages; yet I affirme and will maintaine it, that my carriage was as peaceable, quiet, just and as free from janglings or contestations as any Officer that ever Col. King had under him, and I am confident it William Prinn inquire of the best sort of the inhabitants of Boston, that were not the Col servants and meer creatures, he will heare of a better report of me then of him, and Col. King himselfe will confesse, that he never imprisoned me in his dayes, nor never had any just cause so to doe, and for his cashering of me, I know not that ever he did so, for I my selfe was &illegible; of his company, and forsooke it, but I confesse I did the best I could to &illegible; him, first of his Regiment of horse and Dragoones, which Col. &illegible; had at Newarke, and then secondly of his Governmentship of Lincoln and Boston, and did the best I could to bring him to a Councell of Warre for all his miscariages in his Generallship, as he indeavoured to have himselfe &illegible; (although he was never but a Captain of Dragoons before) & I am confident, had it not been for the interest of his two Chaplains with the Earle of Manchesters two (&illegible;) &illegible; namely Mr. Ash and Mr. Good, whose interest with their Lord J beleeeve in that particular over-ruled his judgement, and truth it selfe, although at Lincoln Citie he was pressed unto it by very considerable persons, in regard that the Committee there had a very high charge against him, and also the &illegible; Aldermen, and towne Clarke of Boston, had another as high, which they came to Lincoln on purpose to present unto his Lordship. And thirdly divers Officers in his Army had a charge as high as either of the former against him, which J &illegible; confident if they could have gotten justice (as they ought to have had at the hands of my Lord being his Generall) would legally and justly have reached to his life, for all the &illegible; flourishes that now he makes, and both Prinn and &illegible; in his behalfe.

But it may be objected by some, that I speake &illegible; out of &illegible; there being &illegible; ground for what I say against him, seeing I and others accuse him for receiving great summes of money of the Countrey, which he never did, and hath already taken his oath of it, and therefore as little truth there is in all the rest as in that.

For answer to which, I shall at present only desire you to read the copie of a few papers which I have lately received from the hands of one of the chiefest of the Committee in Lincoln, and then iudge betwixt Col. King and his &illegible; the copie of which papers &illegible; followeth.

18. January. 1644. at the Committee for &illegible;

Colonel Edward King, according to the letter or warrant sent unto him, &illegible; the 12. day of this instant Jan. appeared before this Committee the day above said, and upon oath declared, that neither himself, nor any other to his use received or collected any monies to the use of the Common-wealth, but only issued out warrants by commission from the Earle of Manchester for the levying of some &illegible; which monies were collected and paid to Mr. Cornwallis, of &illegible; and Mr. Edward &illegible; of &illegible; Treasurers appointed for receiving the same, and that he did issue out warrants to the said Treasurers, for the payment of some of the said monies to the Souldiers, and other Officers, according as he received order from the said Earle, which warrants remain in the hands of the said Treasurer?

Ed. Hartly Reg.

Received the day and year above-written, of The Cornwallis Esquire, Treasurer of the parts of &illegible; and Lindsey, the sum of 1350. pounds, I say received the sum of 1350. pound,

per me Edward King.

To Mr. Cornwallis Treasurer as Lincolne.

I pray you pay upon sight of this Note to this bearer Tho. &illegible; 500. pounds, and this shall be your warrant,

Edward King.

Thom. &illegible; &illegible; then servant to Col. King.Received by the appointment of Col. King, the sum of 500. l. for the service of the State, of Tho. Cornwallis Esquire, Treasurer to the Committee at Lincolne, I say received the day and yeare &illegible; written, 500. l.

per me Thom. &illegible;

To Mr. Cornwallis Treasurer.

Pay unto the bearer hereof John Cole, the sum of 350. l. and this shall be your warrant, Given under my hand this 26. of Jan. 1643.

Edw. King.

Cole &illegible; then his servant & of his lifegardReceived the day and date abovesaid, of Mr. Cornwallis Esquire, the sum of 350. l. by the appointment of Col. King, I say received the sum of 350. l.

per me Iohn Cole.

To Mr. Cornwallis Treasurer, Ian. the 30. 1643.

Pay unto Mr. &illegible; Commissary, the sum of 200. l. for any use, and this shall be your warrant.

Edw. King.

Received upon the sight of this Note, of Mr. Cornwallis Esquire, at this present, the above mentioned sum of 200. l.

per me Rich. &illegible;

For Mr. Cornwallis Treasurer.

Pay unto Thom. &illegible; upon sight hereof, the sum of &illegible; l. and this &illegible; be your warrant, dated this 6th. of February, 1643.

Ed. King.

Febr. &illegible; 1643.

This Howett was then a me &illegible; servant to him.Received the day and &illegible; above written, of Thom. Cornwallis Esquire Treasurer to the Comittee at Lincoln, by the appointment of Col. King, for the payment of his Souldiers, I say received the sum of 700. l.

Tho. Howett.

To Mr. Cornwallis Treasurer,

According to the order of the Committee of Parliament, I desire you to pay unto Capt. &illegible; &illegible; the sum of 400. l. the 6th of Febr. 1643.

Edw. King.

Febr. 8th. 1643.

Received the day and year above-written, of Thom. Cornwallis Esq. Treasurer to the Committee at Lincolne, the sum of 400. l.

D. &illegible;

To Mr. Cornwallis Treasurer,

This Howett &illegible; then his servant,I pray you pay unto Tho. Howett, the sum of 600. l. and this shall be your warrant, Given under my hand this 13. of Febr. 1643.

Edw. King.

Febr. 18. 1643.

Received of Thom. Cornwallis Esquire, Treasurer to the Committee at Lincoln by the appointment of Colonell King, the sum of 600. l. for the payment of the souldiers, I say received,

per me Tho. Howett.

Sir, I pray pay to Capt Dickons to enable his Troop to match, 95. l. and to Mr. Skipper to pay the State-Regiment at Gainesborow 400. l. I hope in this strait you will be carefull to use all diligence to get up monies, I remaine,

Your most faithfull friend

Edward King.

Sterford the 26th. of February 1643.

Received of Mr. Thom. Cornwallis, by the appointment of Colonel King, the sum of 95. pounds, this 26. of Febr. 1643.

per me Will. Dickons.

Febr. 27. 1643.

Received the day and year above-written by me Rich, Skipper, of Mr. Cornwallis Treasurer, by &illegible; of Colonel Kings order for his use, the sum of 400. l.

per me Richard Skipper,

Mr. Cornwallis I desire you to pay this bearer upon sight hereof, the sum of 100. pounds, for the service of the State,

Edw. King.

Febr. the 29. 1643.

his servant,Received the day and year abovesaid of Tho. Cornwallis Esquire, according to him directed from Colonell King, for the use of the State, the sum of 100 pound, I say received the sum of 100. l.

per me Rich. &illegible;

To Mr. Cornwallis Treasurer.

I pray you &illegible; unto Tho. Howett, the sum of &illegible; l. and this shall be your warrant, Given under my hand this 8th. of March, 1643.

March, the 18th. 1643.

Received by the appointment of Colonel King towards the payment of his Souldiers, the sum of two hundred pounds, I say received the said sum of Tho Cornwallis Esquire, Treasurer to the Comittee at Lincolns,

per me Thomas Howett.

To the Treasurer to the Committee at Lincoln, Tho. Cornwallis Esquire.

These are to require you forthwith to pay unto the bearer hereof &illegible; &illegible; the sum of two hundred pounds, and for so doing this shall be your &illegible;

Given under my hand this 26th of March, 1644.

Edward King.

March 26. 1644.

Received this day of Thomas Cornwallis Esq. two hundred pounds, according to this Note,

per me Sam. Leight, witnesse Rich. &illegible;

March, 27. 1644.

Received of Thom. Cornwallis Esquire, the sum of 293. pounds, I say received.

Edw. King.

11. Novemb. 1643.

Mr. Watson pay unto Mr. Parnell 30. pound for my use, and this shall be your warrant,

Edward King.

11. Novemb. 1643.

Received in full of this warrant 30, pound,

per me Thom. &illegible;

After all these &illegible; with Col. King, I ceased to be his Maior, and was afterwards made Lieut. Col. to the Earle of Manchester: Regiment of &illegible; my commission bearing date the 16. of May, 1644. with whom I served faithfully and honestly, and being over active, his Lordship (in a manner) spoyled a souldier of me, by his abosing of me about the taking in of Tickhill Castle; which made me many times and often desirous to throw up my Commission before ever the new Moddle was mentioned; but Lieut. Gen. Cromwels &illegible; of &illegible; to the &illegible; made me hold it, much against my own mind, and then when the new Moddle came, he would have had me to continue, but I could him, I could not, in regard the Parliament had voted that all the officers in that modle must take the Covenant, which I could him I could not doe, and besides, I could him that I had &illegible; the Parliament faithfully out of a principle of conscience, (which to me was a greater, tie then all the humain &illegible; in the world,) and never to my knowledge had given them just cause to distrust me, and if now after so much experience of my faithfulnes they distrusted me, I was resolved not to serve a &illegible; matter: so I was totally left out.

Whereupon my thoughts were fixed upon going into Holland, to follow my trade for my living, and having some money by me, I began to think about laying it out upon cloth, but enquiring after the state of that trade, I &illegible; it locked up under the unjust and tyrannicall &illegible; he of a company of &illegible; &illegible; (&illegible; called &illegible; Adventurers) who by an illegall &illegible; &illegible; &illegible; the &illegible; Seale of England, had ingrossed the sole trade of cloth, and all woollen &illegible; the Low-Countreys, into a few lawlesse &illegible; hands, by meanes of which, they deprive not onely all the free men of London, &c. of the benefit of their freedome, and that which &illegible; their right as really as their cloaths they weare, but also set up a thing that is destructive to the welfare of the whole Kingdome, as particularly, their foundation is not upon a law made by common consent in Parliament, (and therefore uniust and illegall) as is largely declared in my iudgement throughout the whole petition of Right, but meerly founded upon the bases of Prerogative, backt with the broad Seal of England, and truely, I would that those Gentlemen that stile themselves Marchant Adventurers, would remember that the Earle of Strafford had as much to iustifie himself in his proceedings, and did many times produce the Kings hand and Seal, to authorize him to do what he did, and to warrant him in the acting thereof; and yet notwithstanding because he acted arbitrarily, against the sence and mind of the law, to the ruine and destruction of the freedome of the people, he dyed as a Traytor for so, and for my part I am of the same iudgement, that the chief procurers and preservers of this Monopoly, do deserve as much as &illegible; for first, they have acted, and still do, against the known Law of this Land, as the Author of a late printed book, called a discourse for free trade, in the 6. 7. 12. 39. 43. pages of his book doth clearly prove.

Secondly, They have not onely acted against the law for many years together, but they have (by vertue of their illegall patent) assumed to themselves as arbitrary a power, as ever Strafford did, yea, and a legislative power to make laws, as if they were &illegible; absolute and intire Parliament, as appears in his 13. page. first by that wicked oath of their owne framing, which they impose upon all that will be one with them, the words of which thus follow.

You swear by &illegible; God, to be good and true to our Soveraigne Lord the King that &illegible; it, and to his Heires and Successors Kings of this &illegible; you shall be obedious and assistant to Mr. Governour, or his Deputy, and assistants of Marchant-Adventurers, in the parts of Holland, Zealand, &illegible; &illegible; and within the &illegible; and Marches of &illegible; as also in East-Freezeland, or any other &illegible; or &illegible; on this or that side the Seas, where the said Company are or shall be priviledged. All statutes and ordinances not repealed, which have been made, or shall be made by the said Governour, or his Deputy and Fellowship, you shall to your best knowledge truly hold and keep in singular regard to your self, in hurt or &illegible; of the Common-wealth of the said Fellowship, or else bring condemned, and orderly demanded, shall truly from time to &illegible; content and pay unto the Treasuree for the time being, all and every such &illegible; and penalties which have and shall be limitted and set for the transgressors and &illegible; of the same.

The &illegible; and privities of the aforesaid Fellowship you shall seal, and not &illegible; and if you shall know any person &illegible; &illegible; &illegible; intend any hurt, &illegible; or &illegible; to our Soveraigne Lord the King, &illegible; unto his Lands, or to the fellowship aforesaid, or the priviledges of the same, you shall give knowledge thereof, and doe it to be known to the said Governour, or his Deputy: and you shall not colour or &illegible; any &illegible; goods, which are not free of this Fellowship of Marchant-Adventurers of England. It help you God.

Besides which oath, they have an other called a &illegible; oath; of their owne making, which are to them in the nature of Statutes and these they force and compell men to take, and detaine mens freedomes from them if they refuse to &illegible; the former, although they have served faithfully 7. or 8. yeares apprentiship to masters of their owne or the like Corporation; by meanes of which, they doe (as much as in them lyes) destroy them, and all that depends upon them.

Thirdly, they assume to themselves an arbitrary power, to impose sines at their pleasure upon the freemen of England against their will, (yea, and contrary to law, iustice, equitie and reason) read pag. 15. 30. 31. 34. all whose practises in that booke specified, tends not only to the subvertion of the law, the &illegible; of an arbitrary power, but also the inslaving and impoverishing of the people, and the ruining and destruction of the Kingdome, and so (in my apprehension) &illegible; within the limits of Straffords charge, and that their practises doth tend to the inslaving of the people, and the ruine of the Kingdome, I prove thus.

1. They restraine all men to trade but themselves.

Secondly, They have restrained the shipping of cloth, only to those certaine times which they are pleased to nominate.

Thirdly, They have restrained the shipping of cloth in any other ships but their owne.

Fourthly, They have restrained the landing of cloth at any place but Rotterdam.

Fiftly, They have restrained the selling of cloth there at any other times, &illegible; when they please.

Sixtly, They have restrained the buying of any more cloth, but such a number as they are pleased to appoint.

From which bondages and slaveries, follow these mischiefes to the Kingdome.

1. By this meanes, they extraordinarily bring downe the prices of Cloth &illegible; and that I make appeare two wayes, first, In that they stint the number of cloths that shall be sent, which is not one for many that would be sent if trade were open, so that thereby they can picke and chuse, and buy at what rates they please. 2. they take such courses amongst themselves by shipping at certaine times, by meanes whereof in all the intervenings betwixt their shippings, they have advantages to beat the poore Clothiers downe to their owne rates, and to buy of them when they please, and at what rates they please, being that most Clothiers are not able to keep their cloths upon their hands, no, nor to follow their trades, unlesse they have a present market, which is a mischiefe not only to the Clothiers, in lessening their prices, but it is a mischiefe to those that breed sheepe, and to the owners of land themselves, for if cloth he cheap, wooll must needs be cheap, yea, and sheep also, and consequently land likewise.

Againe, when they have bought their cloth, no ships must carrie it but their owne, which is a mischiefe first to &illegible; in Generall, &illegible; that hereby none shall be imployed but they that will be their slaves, and be content with what wages they will give them, and observe such rules &illegible; they will have them, besides, this is a mischiefe to every Merchant that hath not a part in those ships, because they force every man to pay almost double &illegible; &illegible; what he might have it carried for &illegible; another ship, if hee were left to his &illegible;

3. They land it all at Rotterdam, where they will keep their ware-house doors &illegible; and not sell one peece of cloth, till they &illegible; get their owne price, which &illegible; times &illegible; 50. l. or 60. l. profit in the hundred, and sometimes more, by in &illegible; of which in hansing of cloth, beene thereby inabled to sell it at &illegible; high rates, the Hollander is incouraged to set up a trade of making Woollen-cloth, Shoes, Stockings, &c. although he be sorted to pay excessive rates, both for workemanship and materialls (in comparison of &illegible; in England) having little of himselfe, but what he hath from other parts at deare rates, but in regard our &illegible; Marchant-Adventurers, (the destroyers of mankind) sell their cloth at such excessive high rates there, the Hollander is able to sell as cheap as they, and to make ten cloths for one, that formerly he used to doe, read page 26. and if Flanders should tread in the Hollanders foot steps, what would become of our cloth trade? therefore, down with these destroying, wicked, and devouring Monopaliting Marchant-Adventurers, who are as great enemies (in their Kind) to the peace and prosperitie of this Kingdome, as ever Strafford and Canterbury went, and therefore let us have a free trade, for they by their wicked and England destroying practices, have trayterously undermined the basis and foundation of our Common Wealth, and given away our cloth trade, our riches and Sinews to the Hollander, impoverished, inslaved and depopulated our Kingdome, by sending thousands of our Natives, and Handycraft Trades-men over thither, to follow their callings (for the profit of strangers) meerly to get bread for subsistance I because in the land of their &illegible; they were ready to slaeve for want of imployment, whereas a free &illegible; one or two yeares space would fetch them all backe againe, and thereby re-impeople our owne Countrey, to furnish them and thousands more poore people here, with fulnesse of imployment, and in a little season restore us to the sole making of cloth, and (in a manner) wholy destroy the Hollander? great cloth making trade; for if trade were &illegible; and this destructive Monopoly downe, it would not only increase &illegible; &illegible; &illegible; of cloth making in England, and also &illegible; the price of &illegible; here, by reason there would be many more buyers, which would be not only againe to the Clothier, and also to the Farmer, but by consequence to the Land owner, and which by reason of multitudes of trades, (who would be content with a &illegible; gaine) that so they might returne their money quicke and often, which would lessen the price of cloth beyond &illegible; and by consequence beare it so low, and yet bring in a &illegible; gaine, that the Hollander must be forced to give over his great trade of cloth-making.

A second thing besides all these things which is very considerable &illegible; this, &illegible; by reason of this Monopoly, A few men have &illegible; only the sole exporting of Woollen Commodities there, but will in a little time (if continued as they have began &illegible;) have the sole importing of all commodities from thence, by &illegible; whereof, they will make us at home buy them of them at what rates they please, but if trade were open, &illegible; will be sold at lesse by &illegible; &illegible; in the 100 then I am confident they sell in house them 100.)

A third thing considerable is this, that &illegible; can not well be made without &illegible; &illegible; none whereof (&illegible;) the Hollanders hath, but what they have out of England, the sending away of which, by the law of this Land (if I be &illegible; &illegible;) is &illegible; but &illegible; &illegible; &illegible; &illegible; &illegible; to stands &illegible; with the &illegible; of the &illegible; &illegible; &illegible; to &illegible; for &illegible; it over, &illegible; &illegible; of them (as same reports) makes &illegible; &illegible; themselves by so doing, &illegible; &illegible; as they to &illegible; their businesse, being all their &illegible; are &illegible; Rotterdam, &illegible; they in a &illegible; of comming to the knowledge of transgressory in that kind, being all the rest of the ports in Holland are open for them to land &illegible; whereas &illegible; the trade were free, Factors would be dispersed to every port in Holland, whose interest and profit would then tye them to have a care to watch every man, that should bring Fullers earth ever thither; because the preventing of which, would &illegible; the Hollander to make cloth, and so England might have the sole trade &illegible; themselves.

A fourth thing considerable is this, that this Monopoly &illegible; all the rest of Marchants, Saylors, Clothiers, Clothworkers, Spinners, &c. and inableth the Monopolizing Marchants, in a prerogative, arbitrary and tyrannicall manner, both to King it and Lord it over the rest of their &illegible; and makes thousands and ten thousands to become very poore men, and &illegible; &illegible; meerly to make themselves rich, although they be both as honest, as free, and free &illegible; as themselves, which meanes with others of the like nature, hath (in my Iudgement) been the only instrumentall cause of all the wars and miseries in England at this day, for this Monopoly and others (making the Monopolizers rich) makes them the great men in the Common Wealth, and wofull and sad &illegible; &illegible; &illegible; &illegible; when any tryall of then &illegible; to the publique &illegible; (being acted by the principalls of &illegible; themselves) makes them easily without contest, &illegible; to all kind of &illegible; &illegible; pression of what &illegible; &illegible; and so betray the liberties of the whole Common-Wealth, and by their examples lead others into the same wickednesse with &illegible; witnesse their willing &illegible; from time to time unto &illegible; Money, &illegible; &illegible; Money, Knight Money, Ship Money, coate and Conduct Money, &illegible; of all &illegible; &illegible; and all manner of &illegible; &illegible; &illegible; &illegible; would impose a for if they had nor &illegible; slaves, such tyrants as Strafford and &illegible; &illegible; could me &illegible; &illegible; them not the Common-Wealth.

So that (J &illegible; conceive) I may Iustly say of them and their &illegible; &illegible; Mr. Iohn &illegible; the 13. page of his speech, April 12. 1641. said of the Earle of Strafford, &illegible; that they are &illegible; with the peace, the Wealth, the &illegible; of a Nation, and that their practices are destructive to justice, the &illegible; of &illegible; to industry, the spring of wealth, no value which, is the &illegible; &illegible; &illegible; the prosperitie of a Nation can only be procured, confirmed and inlarged.

Their practices in taking away &illegible; rights and freedoms, being not only &illegible; to &illegible; away peace and so &illegible; the Nation with wars, but doth corrupt &illegible; and &illegible; such a malignity into it, &illegible; produceth the effects of Warre; therefore in the next page, (&illegible; &illegible;) as for industry and &illegible; who will take &illegible; &illegible; that, which when he hath gotten is not his &illegible; Or who will fight for that wherein he hath no other interest, but such &illegible; &illegible; to the wall of &illegible;? the ancient incouragement to men, that were to defend their Countreys &illegible; this, that they were to hazard their persons for that which was their owne, (namely say I) their liberties, freedomes, &illegible; and properties, but by this &illegible; way &illegible; Monopolizing Marchants, &c. (which hath &illegible; &illegible; &illegible; &illegible; in England) no man hath any &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; freedome, or &illegible; of any thing else &illegible; his owne, but he goes &illegible; and saith &illegible; such &illegible; &illegible; have an ill opinion upon the courage of a Nation, by &illegible; the &illegible; of the people: A servile condition doth for the most part beget in men a slavish &illegible; and disposition, those that live so much (say I) under the whip and servile Engines of Monopolizing Marchant Adventurers, &c. as were, and still are frequently used by them, (as he saith) may have the dreggs of valour, sollennesse, and stubbornnesse, which may make them prone to mutinies and &illegible; but those noble and gallant affections, which put men on brave designes and attempts, for the preservation and inlargement of a Kingdome, they are hardly capable off.

Therefore (saith he there) shall it be treason to embose the Kings coine, though but a peece of 12. d. or 6. d. and must it not needs be the effect of a greater treason, to embose the spirits of his Subiects, and to set a stamp and Character of servilende upon them, whereby they shall be &illegible; to doe any thing for the service of the King or Common wealth.

He goes on, and in the 15. page. he lays downe the great argument of &illegible; that may presse the letting loose of an Arbitrary practice over free men, the same that is now obiected for the Marchant Adventurers, that they are rich men and the state in great necessitie, and they able to furnish them with great sums of money.

But he answers when war threatens a Kingdome, by the comming of a &illegible; &illegible; it is no time then to discontent the people, to make them &illegible; of the presone Government, and more inclinable to a change, the supplyes which are to come in this way, will be unready, uncertaine, there can be no &illegible; of them, no dependance upon them, either for time or proportion, and if some money be gotten in such a way, the distractions, divisions, distempers, which this course is &illegible; to produce, will be more &illegible; to publique safety, then the supply can be advantagious to it.

And this I am confident daily experience will witnesse, that this way of getting money, is the only way to get a &illegible; and loose a shilling besides the &illegible; of the hearts and cordiall affections of all the people, that are &illegible; by such an &illegible; course as this is which is exceeding dangerous in times of distraction, there being no way in the world so durable and safe, and so effectuall to &illegible; a people to a distressed &illegible; &illegible; a loving and &illegible; carriage, cordiall respect, and universall iustice, without regard of persons, and I say, and will maintaine it whosoever he be, that in his actions and &illegible; them &illegible; and practises the contrary to these principles, is no friend to common freedome and iustice, &illegible; a &illegible; or Scholler to &illegible; whose principall it is, that Princes (and &illegible;) &illegible; to &illegible; at &illegible; not in, but over their Subiects (and people) and for the archieving of the &illegible; ought to &illegible; to themselves, no greater good, then the spoiling and &illegible; the spirits of &illegible; Subiects (and people) not no &illegible; &illegible; &illegible; common freedome, neither ought they to &illegible; and perish any servants, but such as are &illegible; fit for &illegible; and oppression, nor depresse and prosecute any as enemies, but such as are gracious with the populary for noble and gallant acts, a fit character for our times.

And therefore to this purpose &illegible; of observation, is that passage in the &illegible; page of the &illegible; observations, upon some of his Maiesties late answers and expresses, the words &illegible; follow, to be a delight to &illegible; &illegible; is growne &illegible; with Princes, to be publique &illegible; and &illegible; and to &illegible; &illegible; those Subiects whom by &illegible; they ought to protect, it held Cæser-like, and therefore &illegible; Borgins by &illegible; crueltie and treachery hath gotten &illegible; in the Calender of &illegible; and of spirited Heroes, and our English Court of late years hath drunk &illegible; of this &illegible; poison, for either we have seen favorites raised to poll the people, and taxed again to pacify the people, or else (which is worse for the King and people too) we have seen Engines of mischief, preserved against the people, and upheld against law, meerly than mischief might not want incouragement.

But to return again to Mr. Iohn &illegible; speech against Strafford, which speech of him with Mr. Solicitor St. Iohns speech against ship, money, and also Judge &illegible; and Iudge Crooks argument against Ship-money in Mr. Iohn Hamdent case are worth evevery honest English mans buying to keep in his house, that he may learn something out of them, what by nature he is borne unto, and what is the end and foundation of governement, and in his 18th. page he saith, that Straffords crime is an offence that it contrary to the end of Government, the end of Government was to prevent oppressions, to limit and remain the excessive power and violence of great men, to open the passages of Justice with indifferency towards all, this arbitrary power is apt to induce and incourage all kind of insolencies. Another end of government (saith he) is to preserve men in their estates, to secure them in their lives & liberties it is the end of government that vertue should be cherish, &illegible; supprest, but where the arbitrary and unlimited power is set up, a way is open, not only for the security, but for the advancement and incouragement of evil, such men as art opprest for the execution and maintenance of this power, are only capable of preferment, and others who will not be instruments of any uniust commands, who make a conscience to do nothing against the laws of the Kingdome, and liberties of the Subiect, are not only not passable for imployment, but subiect to much iealousle and danger; this may I say &illegible; my own particular, is one of the &illegible; sayings in all this speech.

Again (saith he) it is the end of government, that all accidents and events, all counsels and designes should be improved to the publique good, but this arbitrary power is apt to dispose all to the maintenance of it self, the wisdom of the Councell. Table, the authority of the Courts of Iustice, the industry of all the officers of the Crowne have been must carefully exercised in this, the learning of our Divines, the &illegible; of our Bishops, have been moulded & disposed to the same effect, which though it were begun before the Earl of Straffords imployment, yet it hath been exceedingly furthered & advanced by him, and say I, is still to this day, prosecuted by many of his disciples and schollars in great places, both Clergy men and others, and particularly the Monopoly-Marchant Adventurers, therefore I say againe downe with &illegible; and give them Straffords reward.

He comes to the &illegible; &illegible; where he laies down one of the Earl of Straffords obiections, which is, that he is a Counsellor, & might not be questioned for any thing which he advised his Maiesty according to his Conscience, the ground is true, there is a liberty belongs to Counsellors, and nothing corrupts counsell &illegible; we then fear, he that will have the priviledge of a Counsellor, must keep within the iust bounds of a Counsellor, those matters are the proper subiects of counsell, which in their &illegible; and occasions may be good or beneficiall to the King or Common wealth, but such &illegible; as these, the subversion of the laws, violation of liberties, they can never be good or iustifiable by &illegible; circumstance or occasion, and therefore &illegible; being a Counsellor, makes his fault much more &illegible; as being committed against a greater trust, and in a way of much mischief & danger, lest his Maiesties Conscience and iudgement (upon which the whole course and frame of his government do much depend) should be poysoned and infected with such wicked principles and designes; And this he hath endeavoured to doe, which by all laws, and in all times hath in this kingdome been reckoned a crime of an high nature.

I come now to his 25. page, where he laies it to the Earl of Straffords charge, that he had often insinuated it unto the King, that he by his own will may lay any tax or imposition upon his people, without their consent in Parliament, this hath now (saith Mr. John &illegible;) been five times adiudged by both Houses, in the case of loanes, in condemnning the Commission of excise, in the resolution upon the saving, offered to be added to the petition of right, in the sentence against Manwaring, and now lately in condemning the Ship-money, and if the Soveraign power of the King can produce no such effect as this, the obligation of it is an aggravation, and no &illegible; of his offence, because hereby he doth labour to interest the King against the iust grievance and complaint of the people: now I say, if the King cannot by his own will lay fines and impositions upon his people, much lesse can the Marchant-Adventurers doe it, therefore they deserve exemplary punishment for practizing such a thing as this is, which they constantly do, especially seeing they know very well it hath been so often condemned as illegal and uniust in the King, and urged upon the Earle of Strafford, at an aggravation of his treason.

Again in the second place, seeing they know that the petition of Right doth condemn the King and his Privie Councell for making and administring of oaths, not made by common consent in Parliament, and seeing the Parliament (as they very well know) was lately so hot and angry or the Bishops and their convocation, for assuming unto themselves the boldnesse to make an oath, although they were invested with a more colourable authority to iustifie them therein, then these can pretend; how exemplary ought the punishment of these men to be, for their &illegible; and boldnesse after the knowledge of all this, to force and presse upon the freemen of England an oath, of their owne framing and making, yea, and to keepe their freedomes from them, because (out of Conscience) they dare not take them, which at this present day is the condition of one Mr. Johnson, late servant to Mr. Whitlocke, one of the &illegible; Country Monopoliting Marchants, which is all one in nature with the Monopoly of Marchant-Adventurers.

Againe I desire it may be considered, that if they had a legall power to make an oath (as they have not in the least) yet their oath for the matter of it, is one of the most wickedest that I have read or heard of, for if you observe it, it ties those &illegible; take it to be obedient and assistant to Mr. Governour, or his Deputy, and Assistants of Marchant Adventurers, in all places where they are, or shall be priviledged. All Statutes and Ordinances not repealed, which have been made, or shall be made, by the said Governour, or his Deputy and Fellowship, you shall to your best knowledge truly hold.

I am confident that neither all the oaths established in England by law, nor any one of them &illegible; so absolutely and &illegible; as this, for here is no caution so farre as it is iust, or so farre as it is according to the word of God, or so farre as it is agreeable to the lawes established, in England, so that I dare boldly say it, that Mr. Governour of this Monopoly, takes a &illegible; absolute &illegible; and unquestionable power upon him, &illegible; any King of England that I &illegible; of fince William the Conquerer.

Secondly observe, This oath tresmen to be Rebels (point-blanke) against the law of England, established by common consont, which will not give to the King himselfe, the power here exercised, much lesse to Mr. Governour of the Marchant-Adventurers, who is but one of his subiects.

Thirdly observe, this oath ties those that take it, to be papists, in some &illegible; for they must swear by an implicite faith, to be observant in what Mr. Governour &illegible; establish, though it be never so unjust, or else they are perjured: for my part my judgement is freely this, that the gallower, is too good for the framers, &illegible; and shickt prosecutors of this oath; and to my understanding the desires of theft men, are either to make England a land of slavery, ignorance, and beggery, or else a land of perjury: therefore my advice to those Marchants and other Free-men of England, that petition against these Monopoliters, for the taking away their patent, it this, that they would not only doe that, but also that they would draw up a charge by way of Articles against them, that they may receive aswell as Strafford a legall tryall for their lives, and likewise for all their estates, for all their illegall and arbitrary practices, which they have exercised for so many yeares by past as they have done, to the ruine and destruction of thousands of honest men in this Kingdome, and to the damage and detriment of the whole Land; yea, and that they would resolve to follow them with as much eagernes as ever they did Strafford, when they shut up their shopps, and by thousands went to Westminster daily to &illegible; for Justice against him: For the Parliament in the first of their Remonstrances, dated 15. &illegible; 1642. beginning in the 3d. page of the book of Declarations, &illegible; up the benefits that this present Parliament had done the Kingdome, and amongst other things, they say there in the 14. page; The Monopolies are all supprest, whereof some few did prejudice the Subject above a million yearely, the &illegible; &illegible; hundred thousand pounds, the wine three hundred thousand pounds, the &illegible; must &illegible; exceed both, and sale could be no lesse then that, besides the inferiour Monopolies, which if they could be exactly computed, would make up a great sum.

That which is more beneficiall then all, is this, that the root of these evils is taken away, which was the arbitrary power pretended to be in his Majestie, of taking the Subject, or charging their estates without consent in Parliament, which is now declared to be against law, by the judgement of both Houses, and likewise by &illegible; of Parliament.

Another step of great advantage is this, the living grievances, the evill Counsellors and actors of these mischiefes have been so quelled by the justice done upon the Earle of Strafford, the flight of the Lord &illegible; and Secretary &illegible; the accusation and imprisonment of the Arch-Bishop of Canterbury, of Judge &illegible; and the impeachment of divers other Bishops and Judges, that it is &illegible; not onely &illegible; be an ease to the present times, but a preservation to the future.

But it may be objected, that the ordinance of this present Parliament is for the continuance of this Company, and therefore it is not so great an evill &illegible; you speak off.

To which I answer in the first place, in the very words of the fore-mentioned book, this (under correction) cannot hold plea, for the said ordinance passed with this proviso and clause of (reservation by the wisdom of both Houses) that all rights confirmed by act of Parliament, or ancient Charters, should be thereby saved, so that it is rightly conceived, that this ordinance is not binding, not of any restraining nature.

Secondly, The Parliament hath declared in most of their Declarations, that all their intentions and designes are and shall be for the maintaining the lawes and liberties of England, and for making the people more free and happy &illegible; But not lesse free and more miserable; read their declaration about the preservation of Hall, and there you shall in the book of declarations pag. 458. 459. find these words, that as in all our indeavours since this Parliament began, we intended wholy the advancement of his Majesties honour and safety, and there gaining of the ancient (though of late years much invaded) rights, lawes, and liberties, being (as they there affirme) the birth-right of the Subjects of this Land; And in the next Declaration, they reckon up a great many of his Majesties then present actions, which they there say rends necessarily to the losse of our libertie, and the subversion of the law of the Kingdome; and further they therefore, that the King and his evill Counsellors, have designed all to slavery and confusion, in the opposing of all which (pag. 464.) they desire the concurrance of the well disposed Subjects of this Kingdome, and shall manifest by their courses and indeavours, that they are carried by no respects but of the publique good, which they will alwaies preferre before their owne lives and fortunes; And when their troubles did increase upon them, and the King begins to declare that he is in good earnest indeed, pag. 497. 498. they say, therefore we the Lords and Commons are resolved to expose our lives and fortunes for the defence and maintenance of the just &illegible; and liberties of the Subject, &c. and therefore we do here require all those who have any sence of piety, honour 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 Countrey, to come in to our aid and assistance. And therefore I dare not let it have entertainment in my heart, that the Parliament werein jest when they made these Declarations, or that they never in truth intended what they here have said, but in my apprehension, if they should by a law or ordinance establish the fore-mentioned oppression, and England destroying Monopoly, they should overthrow the law of the land, and the libertie and freedome of the People, for the proof of which &illegible; the 12. H. 7. and the 3. &illegible; the words of this last Statute especially, carry weight and strength with them, and thus followeth. Whereas divers Marchants have of late obtained from the Kings most excellent Majesty, under the great Seal of England, a large Charter of incorporation for them and their Company, to trade into the Dominions of Spaine and Portugall, and are also most earnest suitor, to obtain the like from his said Majesty for &illegible; whereby none but themselves, and such as they shall &illegible; as being more Marchants, shall take the benefit of the said Charter, disabling thereby all others his Majesties loving Subjects of this Realme of England, and Wales, who during all the time of her late Majesties &illegible; were in &illegible; respects greatly charged, for the defence of their Prince and Countey, and therefore ought indifferently to enjoy all the benefits of this most happy peace. And also debarring them from that free enlargement of common traffique into those Dominions, which others his Majesties Subjects of his Realme of Scotland, and Ireland doe injny, to the manifest impoverishing of all owners of ships, Masters, &illegible; Fisher-men, Clothiers, Tuckers, Spinsters, and many thousands of all sorts of handy crafts men, besides the decrease of His Majesties Customes, Subsidies, and other impositions, and the ruine and decay of Navigation, together with the &illegible; of our woolls, cloth, cotne, and such like commodities; &illegible; and growing within this his said Maitsties Realme of England, and the inhansing of all French and Spanish comodities, by reason of the insufficiencie of the Marchants, they being few in number, and not of abilitie to keep the great number of our ships and &illegible; men a worke, and to rent the great store of commodities, which this His Maseshes Dominion of England doth yeeld. And by meanes that all owners and &illegible; with divers others, (if these incorporations should continue) shal be cut of from their ordinary meanes of maintenance and preserving their estate. And finally by reason that all French and Spanish commodities shall be in a few mens hands: In respect whereof, as for many other &illegible; growing thereby, much hurt and preiudice must needs redeund to all His Maiesties loving Subiects of this his highnesse Realme of England, if reformation for the prevention of so great an evill be not had in due time: For remedy whereof, be it inacted by the Kings most excellent Maiestie, the Lords Spirituall, and temporall, and Commons in this present Parliament assembled, and by the Authoritie of the same, That it shall and may &illegible; lawfull to & &illegible; his Maiesties Subiects of this his highnes Realme of England and Wales from henceforth at all times to have free libertie to trade into and from the Dominions of Spaint, Portugall and France, in such sort, and in &illegible; free a manner, as was at any time, sithence the beginning of this his highnesse most happie reigne in this his Realme of England, and at any time before the said Charter of Incorporation was granted, paying to the Kings most Excellent Maiestie, his Heires and Successors, all such customes, and other duties, as by the Lawes and &illegible; of this Realme ought to be paid and done for the same, the said Charter of Incorporation, or any other Charter, Grant, Act, or any other thing else heretofore made or done, or hereafter to be done, to the contrary in any wise notwithstanding.

And that it is against the libertie of the people, the loud cry that was against this and all such like parents at the beginning of this Parliament, doth declare, &illegible; and the continuall cryes of the generallity of the people of the land in all Parliaments against it, and the many and divers &illegible; of severall Countyes, and multitudes of severall sorts of Citizens lately exhibited to the Parliament &illegible; fully declare, and for my part, were it that these present unjust Monopolizers had &illegible; the whole burthen of the &illegible; in England themselves, and all other men &illegible; nothing for the Parliament, I thinke there had beene some grounds for them to have desired the Parliament to have made them Lords and Kings, and all other men slaves but themselves &illegible; but in regards: that many others of &illegible; &illegible; he have beene far more forward in laying out themselves and estates for the publique good, then they who for the most part of them, have rather believed themselves like &illegible; then &illegible; and true Patriots to their Countrey. I &illegible; &illegible; but all these true and constant well affected Englishmen that &illegible; by them should looke upon them &illegible; to the peace, freedome, and &illegible; of our &illegible; &illegible; and &illegible; by all just &illegible; &illegible; &illegible; &illegible; the Parliament, to make them all at least Hewers of wood, and drawers of water, and I hope &illegible; long, seen: honest and flout Commanders that are behind hand for their &illegible; that have been venturing their lives abroad, while they have beene making us slaves at home, will ioyne together to the Parliament in a petition for the Arreats, of themselves, and Souldiers, and for want of other supplyes, earnestly to desire that the Merchant Adventurers may be forced to pay into the State the 18; 295. 1. mentioned in the foresaid booke, page 48. and all other sums of money that they have illegally levited, by their illegall patent under the broad Seale of England; and I hope some honest Common Wealths man, will presse that clause of Mogna Charta home to the Parliament, which saith, Justice and Right we will sell to none, we will deny to none, that so they may not compound for a lesser sum, then that which by Iustice, Equitie and Right, the Kingdome ought to have from them.

Againe if Strafford and Canterbury, had so heavie a doome, for perswading Regall power only to subvert the lawes and liberties of England; what doe these men deserve that have seene their punishment before their tyes and yet endeavour with all their might to perswade Parliamentary power to make us slaves by a law? after we have spent the blood of so many thousand gallant English men for the preservation of our freedomes, for saith the Parliament in their Declaration, page 694. whatever be our inclination, &illegible; would be our condition, if we should got about to overthrow the lawes of the land, and the propriety of every mans estate, and the libertie of his person, all three of which (I aver it) the Monopolizing Marchant Adventurers have done for many yeares together, without any remorse of conscience, and their latter practises are worse then the beginning, in regard their indeavours tends to the putting the Parliament upon that which is contrary to the nature of the trust reposed in them by the &illegible; Kingdome, which according to their owne words page 150. is to provide for the weale of the people, but not for their wot, which principle, it notably discussed by the Author of the printed observations upon some of his Majestles late answers and expresses (who it commonly repured to be one in a speciall manner to be imployed by the Parliament) who saith page 1. speaking of the King whose Regall power the Parliament now executes, (and therefore the people have just ground to be very watchfull that no &illegible; by them be made upon their liberties, that nature, reason, and the freedomes of the fundamentall lawes of England, invest them with) we see that power is but secondary and &illegible; in Princes, (and say &illegible; counsells likewise) the fountaine and efficient cause is the people, and from hence the inference is iust, the King though he be &illegible; &illegible; (that is the single greatest) yet he is &illegible; &illegible; minor (that is the universall lesse or lesser then the whole) (for saith he) if the people be the true efficient cause of power, it is a rule in nature, that whatsoever is the efficient cause of a thing, made is greater then the thing that is made, and hence it appeares that at the founding of Authorities, when the consent of Societies conveys rule into such and such hands, it may ordaine what conditions, and prefix what bounds it pleases, and that no disolution ought to be thereof, but by the same power it had its constitution, and for my part I say it is contrary to nature, and the end of trust, that the trusted, should doe him that trust a mischiefe by it, as the Monopolizing Marchant Adventurers would have the Parliament to doe, bee goes on and saith, the King acknowledgeth by his Coronation oath, &illegible; it &illegible; to protect his people, (the same duty say I, the Parliament &illegible; more &illegible; relation owes to those that chuse them) and (saith he) I hope under this &illegible; protect, he intends nor only to shield us from all kind of evill, but also to &illegible; us to all kind of politicall happinesse according to his utmost power, and I hope he holds himselfe bound thereunto, not only by his oath but also by his very office, and by the end of his severaigne dignitie.

Therefore (saith he) if Ship-money, if the Star-Chamber, if the High Commission, if the Votes of the Bishops, and popish Bords in the upper House &illegible; inconsistant with the well face of the Kingdome, not only honour but justice it &illegible; challengeth that they be abolisht, the King ought not to account that a profit or strength to him, which is a losse and wasting to the people, not ought he to thinke that &illegible; to him, which is gained to the people: The word Grace sounds better in the peoples mouths then in his, his dignitie was erected to preserve the Commonaltie, the Commonaltie was not created for his &illegible; and that which &illegible; the end in far more honourable and valuable in nature and publicie, then that &illegible; the meanes. This directs us then to the transcendant &illegible; or pitch of all politiques, to the parament law that shall give law to all humane Lawyers whatsoever, &illegible; that is the safety of the people, the law of prerogative it selfe, is subservant to this law, and were it not conducing thereunto, at were not necessarie not &illegible; Neither can the right of conquest he pleaded to acquiet Princes of that which is &illegible; to the people as the Authors or ends of all power &illegible; for &illegible; force &illegible; &illegible; the course of nature, or &illegible; the renour of the law, and if it could, there were more reason, why the people might iustifie force to regain due &illegible; &illegible; prince might to subvert the same. And its a shamefull stupiditie in any man to &illegible; that our &illegible; did not fight more nobly for their free customes and lawes, of which the &illegible; and his &illegible; had its part &illegible; them by &illegible; and &illegible; them they which put them to such &illegible; For it &illegible; &illegible; to me that any Nation should be bound to contribute its owne &illegible; &illegible; meerly to &illegible; Tyranny, and support Slaverie, and to make that which is more excellent, a prey to that which is of lesse worth. And &illegible; a native Prince, if meere force be right, may &illegible; his Subiects is well as a stranger, if he can frame a sufficient party, and yet we see this was the foolish &illegible; of &illegible; who having &illegible; and rejected out &illegible; &illegible; &illegible; the &illegible; of &illegible; Tribes, ridiculously lought to reduce them &illegible; &illegible; the strength of two.

&illegible; now from, the cause, which conveyes Royalty, and that for which it is conveyed, to the nature of the conveyance, the word trust is &illegible; &illegible; the Kings popres, and therefore I dot conceive that the King does &illegible; &illegible; &illegible; interest in Crowise is not &illegible; of by a meere &illegible; of the &illegible; but &illegible; &illegible; & &illegible; and indeed all &illegible; &illegible; without any &illegible; &illegible; &illegible; &illegible; them and their Subiects, have acknowledged that there did the &illegible; and &illegible; trust upon them; nay, Heathen Princes that have beene absolute, &illegible; acknowledged themselves servants to the publique, and borne for that &illegible; and &illegible; &illegible; that they would manage the publique Wealt, it being well &illegible; &illegible; &illegible; non &illegible; that &illegible; that the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; their &illegible; and we cannot imagine in the fury of war (when lawes &illegible; &illegible; least vigour) that any &illegible; can be &illegible; cumrised in power, but that if he should turne his Canons upon his owne Souldiers, they were Ipso facto absolved of all obedience: and of all oaths and tyes of Allegiance whatsoever, from that time, and bound by higher duty to seeke their owne preservation by resistance and defence: Wherefore if there be such &illegible; trusts, and reservation of all publique commands, though of the most absolute nature, that can be supposed; we cannot but admit that in all well formed Monarchies, where Kings prerogative hath any &illegible; this must be one necessary condition, that the Subiect shall live both safe and free, &illegible; Charter of Nature intitles all Subiects of all Countries whatsoever to safety by its supreime law.

And in page the fourth (he saith) that which resules then from hence it, if out Kings receive all Royalty from the people, and for the behoofe of the people, and that by a speciall trust of safety and liberty, expresly by the people limitted, and by their owne grants and oaths varified, then our Kings cannot be said to have so unconditionate and high a propriety in all our lives, liberties and possessions, or in anything else to the crowne appertaining, as we have in their Dignitie, or in ourselves, and indeed if they had, they were not borne for the people, but meerly for themselves.

And in page 6. speaking of the greatest Monarchies, this condition (saith &illegible;) is most naturall and necessary, that the safety of the people is to be valued above &illegible; right of &illegible; as much as the end is to be preferred before the meanes: it is not iust &illegible; possible for any nation so to &illegible; it selfe, and to resigne in owne interest to the will of one Lord, (or Lords) as that that Lord (or Lords) may destroy it without injury, and yet to &illegible; no right to preserve &illegible; &illegible; For since all &illegible; power is in those which obey, they which contract to obey to their owne ruine, or &illegible; so contracted, they which esteeme such a contract before their owne preservation, are &illegible; out to themselves, and rebellious to nature, most excellent is that Authors &illegible; this booke, in proving the end of trust, which alwayes ought to be for the good of those that trust, and not for the trusted to walke by the rule of his owne will towards those that &illegible; him, as though he intended by vertue of the power &illegible; conserted on him, to carrie himselfe so towards those that trust him, as though they were his &illegible; and Slaves, and had given &illegible; power to tread them under his feet, and by their &illegible; to advance himselfe in honour and riches, and thereby invest himselfe with such a Maiestie, is though &illegible; were never to be called to account for the managing of his &illegible; by those that trust &illegible; which is but a foolish, idle and tyrant like conceipt, for if a Corporation of men, chase a Steward to receive their rents, and manage their businesse for their good, but &illegible; &illegible; &illegible; &illegible; their money &illegible; not &illegible; their good and profit, but for &illegible; owne particular, and when they shall visibly see that, and shall there upon command him to give up his accounts, and he shall say no, you have trusted me, and thereby have declared you judge &illegible; &illegible; for your &illegible; and to question or doubt, me &illegible; to &illegible; your owne Iudgement, and therefore I owe you &illegible; &illegible; &illegible; am I to give you any, because it is my Iudgement, So would not every &illegible; man &illegible; &illegible; answer not only &illegible; &illegible; but also uniust, and arguing a great deal of guilt and busenesse to be in such a Stewards breast, and although such a Steward should returne such a Lordly answer to his masters, yet for all this, may not his masters use their utmost power and authority to compell him to give up his accounts? yea, and in case he have abused his trust, to casheere and inflict the extremity of the law upon him, for so doing &illegible; and seek out for an other honester man them himselfe, to put into his place.

For saith the same Author, (as it conceived) in the second part of his observations pag. 6. the end of all authority in substitutes is, that the Kingdom may be duely and safely served, and not that the Kings (or any other trusteys) meere fancy may be satisfied, and page the 8th. (he saith) that right which a Prince hath in his people, is by way of trust, and all trust is commonly limited more for the use of the party trusting, then the party trusted, in some cases also there are mutuall proprieties, and so the King ownes us as his Subjects, and we owne him as our King, but that owner-ship which we have in him at our King, is of a satre more excellent and high nature, then that owner-ship which the King hath in us, as his Subjects. And the same Author in his maximes unfolded, pag. 15.

I come now (saith he) to the fourth &illegible; or eight, which is Reglum a Die, not a fair, neca se, which is neither singly from God, nor from those that are his, (his Subjects, not from himselfe, but which is Jus ad Regnum, his right to his Kingdome, and such a trust as he must answer for to his Parliament, and his Parliament to his people, and therefore Parliaments in former times used tobe so carefull for the welfare of the people that betrusted them, that they would impose nothing upon the people that might be a burthen to them, without acquainting them first with it: as Sir Edward Cooks that worthy Patron of his Countrey, in the fourth part of his institutes, doth declare, his words folis 14. are as followeth.

It is also the law and custome of the Parliament, that when any new device is moved on the Kings behalfe in Parliament, for his aid, or the like, the Commons may answer, that they tendred the Kings estate, and are ready to aid the same, onely in this new device they dare not agree; without conference with their Countries: whereby (saith he) it appeareth, that such conference is warrantable by the law and custome of Parliament. And folio 34. (he saith) that at the Parliament holden in 9. E. 3. when a motion was made for a Subsidy to be granted of a new kind, the Commons answered, that they would have conference with those of their severall Counties and places, who had put them in trust, before they treated of any such matter: so that it clearly appeareth to me, that there is not that Elbow-roome left to the whole Parliament, much lesse to a part of it, but much lesse to foure or five members of it, to make innovations or inrodes at their pleasure, upon the peoples estates, proprieties, and liberties, especially of those who are as free borne as any of themselves, and in their lives and actions have ventured as much, and as farre as any of them, to preserve their native liberties, proprieties, and freedoms, for all that instaving doctrine that is now prated of by some, and lately practised by others, for I say from what it before said, that by how much the more the trust it great, that is reposed in the Parliament, by so much the more they ought in Justice and honesty to be &illegible; &illegible; under, and cordiall in the execution of their trust, and to have a speciall care not so make those worse, but better that trust them, not lesse free, but more free: but Sir Edward Cooke in the second part of his institutes, folio 47. being there expounding of Magna Charta, chap. 29. saith, that generally all Monopolies are against this great Charter (and his reasons art) because they are against the libertie and freedome of the Subject, and against the law of the land, and he there gives instances of; &illegible; particulars, upon his exposition of the word liberty, contained in that Charter, and the first runs in these words.

King H. 6. granted to the Corporation of Dyers within London, power to search &c. and if they found any Cloth dyed with Log-wood, that the Cloth should be forfeit, and it was &illegible; that this Charter concerning the forfeiture, was against the law of the land, and this statute of Magna Charta, for no forfeiture can grow by letters patents: look to it Marchant-Adventurers.

Secondly (saith he) it signifieth the freedomes that the Subjects of England &illegible; for example, the Company of Marchant-Taylors of England, having power by their Charter to make Ordinances, made an ordinance, that every brother of the same society should put the out half of his Cloaths to be dressed by some Cloth-worker free of the same Company, upon pain to forfeit ten shallings, &c. and it was adiudged that this ordinance was against law, because it was against the liberty of the Subject, for every Subject hath freedom to put his cloaths to be dressed by whom he will, and so of other like things, and so it is, if such or the like grant had been made by his betters patents. (Observe this you Lord Mayor, and court of Aldermen of London.)

3. So likewise, and for the same reason (saith he) He grant be made to any man, to have the sole making of cards, or the sole dealing with any other trade, that grant is against the liberty and freedom of the Subject, that before did or might lawfully use that trade, and consequently against this great Charter, And saith he in folio &illegible; every oppression against law, by colour of any usurped authority, is a kind of destruction, for when any thing is prohibited, all that is prohibited with it, where by the thing prohibited is like to come to passe, or take place, and it is the worst oppression that is done by colour of Justice.

And in the third part of his institutes, folio &illegible; commenting upon the statute of the &illegible; law. 3. which statute is absolutely against Monopolists, and Monopolizers, and he there positively saith, that they are against the ancient and fundamentall laws of this Kingdome, that he may be understood what he meanes by monopoly, be thus defines it.

A Monopoly is an institution or allowance by the King, by his grant, commission or otherwise, to any person or persons, bodies politique or corporate, of or for the sole buying, selling, making, working, or using of any thing, whereby any person or persons, bodies politique of corporate, are sought to be restrained of any freedom or liberty that they had before, or hindred in their lawfull trade, and he there saith, that the law of this Realm against monopolies, is grounded upon the law of God, expressed Deut. 14. 6. No man shall take the &illegible; or the upper milstone to pledge, for be taketh a mans life to pledge. Where by it appeareth that a mans trade it accounted his life, because it maintaineth his life, the monopolists that taketh away a mans trade, taketh away his life, and therefore in so much the more odious, because he is &illegible; &illegible; a man of blood, against these inventors and propounders of evill things, the holy Ghost hath spoken, Rom. 1. 30 Inventores malorum &c. &illegible; sunt north. The inventers of evill &c. are worthy of death.

He there goes on to prove the evill of them, and the great punishment that they de &illegible; that are procurers of them, and therefore to draw to a conclusion of this, I say it is &illegible; just, that the Marchant-Adventurers should be punished according to the utmost &illegible; of the Law, for all the time they have and shall act by vertue of their illegall parent, to the ruine of so many thousands as are destroyed by their means, and when they shall get it to be confirmed by an ordinance or a law, they deserve to be accounted the destroyers of mankind, in procuring a law, both against nature and reason, the grounds of all just lawes: For as the Author of the book called the Doctor and Studient saith, fol. 4. the law of nature specially considered, which is also called the Law of reason, pertaineth only to Creatures reasonable, that is man, which is created in the Image of God. And this law (saith he) ought to be &illegible; aswell amongst Jews and Gentiles, at amongst Christian men, and this law is alway good and righteous, stirring and inclining a man to good, and abhorring evil, and as to the ordering of the deeds of man, it is prefered before the law of God (amongst men) and it is written in the heart of every man, teaching him what it to be done, and what to be fled, and because it is written in the heart, therefore it may not be put away, he is it ever changeable by no &illegible; of place, &illegible; times. And therefore against this Law, prescription, statute, nor custome, may not prevail. And if any be brought in against it, they, be no prescriptions, statutes, nor customes, but things vold, and against Justice, and all other lawes, aswell the lawes of God, is the acts of men, as other be grounded thereupon, and a little further he saith, that this law of reason reached that good is to be loved, and evill to be fled. Also that them shalt do to another, that thou wouldest an other shall do to thee. Also than we may do nothing against truth. Also that a man must live peaceably with others. That Justice is to be done to every man, and that wrong is not to be done to any man and, also that a trespastor is worthy to be punished, and such other.

And in fol. 7. (he saith) that the law of man be just, and right wise, two things be necessary, that is to say, wisedom, and &illegible; &illegible; wisdom, that he may judge after reason, what is to be done for the Communality, and what it expedient for a peaceable conversation, and necessary &illegible; of them. Authority that he have authority to make laws, for the law as named of ligart, that is to say, to &illegible; But the &illegible; of a wiseman doth &illegible; &illegible; the community, if he have no rule over them. Also to every good law be required these properties, that is &illegible; says that it be honest, right-wise, possible in it selfe, and after the custome of the Country, &illegible; for the place and that, necessary and profitable, and also &illegible; that it be not capious by any &illegible; &illegible; sentence, or &illegible; with any private wealth, but all made for the Common wealth.

And &illegible; I see I was &illegible; of my trade, and &illegible; greater &illegible; &illegible; &illegible; fighting for justice, liberty, and freedome, then I was before I was at a &illegible; &illegible; with my &illegible; what to do to provide for my selfe and family, which whosoever doth not saith St &illegible; worse then an Infidell, and although I knew I had &illegible; antagonists in the House of Commons (although I had never done them hurt to my knowledge but had freely upon all occasions adventured my &illegible; with my &illegible; in my hand, both before the &illegible; and also figer) I &illegible; up &illegible; resolusion, being determined to use the &illegible; &illegible; &illegible; &illegible; and if I perished, I &illegible; whereupon I drew my petition to the House of Commons for my &illegible; and justice and &illegible; from my unjust Iudges in the Star-chamber, I laboured by all the friends I had in that House, month after month, to get my petition read: but could not, whereupon I &illegible; and delivered &illegible; or 300. of them to the Members, &c. one morning as they went into the House, but could not prevail to get it read for all that, and to &illegible; me, and &illegible; my businesse, and make me odious in the House, I was two severall times illegally clapt by the heeles by Mr. Laurence Whitaker, Chaire man of the Committee of Examinations, whose illegall, irregular, and arbitary proceedings, not only with me, but also with divers other free-men of England, makes me judge him a man fitter to answer at the barre of justice (if there were any justice to be had) for his former misdemeaners before the Parliament began, and also for those since, then to be a Member of the House of Commons, and a Chair-man in a speciall Committee, whose &illegible; illegall proceedings with divers free-men of England, tends (as much as in him lies) to the alienating of the hearts of the Parliaments friends from them, and to the pending of their proceedings odient and &illegible; to them, but if &illegible; justice &illegible; or any of his friends think I seandallize him, and do him wrong, &illegible; this upon my utmost perill, that I will (according to the law of England if I may have such a proceeding) legally prove and make good, what I now here &illegible; but I confesse, I do by experience see it, it is rather a midnesse and folly, then any thing else, for a man to expect justice, where the &illegible; accused are Iudges in their &illegible; &illegible; contrary to that received maxime of the law, that &illegible; &illegible; ought to be Iudge in his owne case, and this I do confidently &illegible; &illegible; that if his priviledge &illegible; a &illegible; of the House did not protect him, again it the law, that his &illegible; &illegible; &illegible; &illegible; not legally satisfie (according &illegible; the known and fundamentall lawes of the Land) those injustices that he hath done to the free &illegible; well afficted men of England.

But although I &illegible; those foyles in my businesse, I was resolved not to give it over, and there &illegible; &illegible; &illegible; to my &illegible; &illegible; faithfull &illegible; &illegible; &illegible; Cromwell, to &illegible; assistance, by way of letter, to some of his friends, the Copy of which thus followeth.

GEntlemen, being at this distance from London, I am forced to trouble you in a businesse which I would have done my self, had J &illegible; there, it is for &illegible; Col Lilburne, who hath dont hoth &illegible; and the Kingdome good &illegible; otherwise J should not have made use at such friends as you are, &illegible; hath a long time &illegible; the House of Commons with a petition, that he might have &illegible; according to their votes, for his former sufferings and losses, and some satisfaction for his arrears, for his service for the &illegible; which hath been a long time due unto him: To this day &illegible; &illegible; got his Petition read, his attendance hath proved very expensive, and hath kept him from other imployment, and I believe that his former losses and &illegible; services (which have been very chargeable) considered, he doth find it a hard thing in these &illegible; forth &illegible; &illegible; &illegible; to &illegible; &illegible; it is a griefe to see men mine themselves through their affection and faithfulnesse to the publique, and so few lay it to heart: It would be an honour to the Parliament, and &illegible; encouragement to those that faithfully serve &illegible; &illegible; &illegible; &illegible; were made for the &illegible; &illegible; &illegible; of those when have lost all &illegible; And &illegible; &illegible; you that this neglect of those &illegible; &illegible; &illegible; you &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; in this Army, who have observed oftentimes their wives and children have &illegible; who have lost their times and lives in the Kingdome service: I wish it were &illegible; to &illegible; That which I have to request of you it, that you get him the best assistance to get his petition read in the House, and that you will &illegible; him all lawfull favours and iustice in it, I know he will not be unthankfull, but adventure himself as freely in the service of the Kingdom, as hitherto he hath done, hereby you shall lay a speciall obligation upon your servant.

Oliver Cromwell.

Having got this letter, and bringing up good news from Lampart, of the rouring of Goring, I was in very good hopes to have got my petition forward, and speedily to have had some benefit by it, but insteed of the good I iustly expected, I was &illegible; clapt by the heels in the Sarlant at Arms custody, but for what cause I protess. I do not groundedly to this day know, &illegible; it were because I was earnest in presenting my petition, and crawing law, iustice, and right, according to Magna Charta, which as Sir Edward Cooke in the 2d. part of his institutes fol. 56. saith, is the best birth-right the Subject hath, for thereby his goods, lands, wife, children, his body, life, honour, and estimation, are protected from injury and wrong: but I was dealt with much like the proceedings of that Iudge he speaks off. fol. 55. who (he saith) first &illegible; and then he heareth: and lastly compelleth to confesse, and &illegible; and marre lawer at his pleasure, like as the Centurion in the holy History did in St. Paul, for the Text saith, Acts 22. 24. 27. that the chiefe Captain commanded him to be brought into the Castle, and bade that he should be examined by scourging, that he might know wherefore they cryed so against him, and verse 27. then the chief Captain came and said unto him, tell me act thou a Roman? he said yea, but saith noble, Sir Edward Cooke there, good iudges and Iustices abhorre these courses.

And after I had endured above three months imprisonment (a great part of which was close imprisonment in New-gate) by much strugling and striving I obtained my libertie, and hoping that those that had dealt so ill with me, would for their owne honour and reputation sake (if they would for nothing else) be a little sensible of &illegible; and necessity, and therefore having had a fair proceeding at the Committee of &illegible; I prefered my petition to the House, which there was &illegible; Nov. 10. 1645. which thus followeth.

To the honourable the House of Commons now assembled in the High Court of Parliament.

The humble Petition of Iohn Lilburne, &illegible; Col.

To all &illegible; sheweth,

THat your Petitioner having suffered abundance of &illegible; barbarous cruelty by &illegible; of an illegall &illegible; made against him, in the &illegible; &illegible; &illegible; is by the Copyy of his Petition &illegible; &illegible; &illegible; formerly preferred to this &illegible; House, and by your owne Votes made the 4th. of May, 1641. upon the examination of the petition will appear) which Votes are as followeth, First, that the sentence of the Star-chamber given against him illegall, is against the liberty of the Subject, and also bloody, wicked, &illegible; barbarous, and tirannicall. Secondly, that reparation ought to be given to him for his imprisonment, sufferings, and losses, sustained by that illegall sentence. And then also it was ordered that care should be taken to draw up his case, and transmit it to the Lords: but by reason of multitude of businesse in this honourable House, there hath been no further proceeding in it since. And these distractions comming on, your Petitioner took command under the Right Honourable, Robert Lord &illegible; with whose Regiment he adventured his life freely and resolutely, both at &illegible; field, and &illegible; where he was &illegible; prisoner, and carried away to Oxford; where within a short time after his comming, the King sent to the Castle to your Petitioner, the now Earle of Kingston, the Lord &illegible; the Lord &illegible; and the Lord Andover, to &illegible; your Petitioner with large proffers of the honour and glory of Court preferment, to forsake the Parliaments parry, and to ingage on his party: upon the sitting and concerning of which, your Petitioner was within few dayes after laid in irons, and kept an exceeding close prisoner, and forced severall times to march into Oxford in irons, to judge Heath, before whom he was arraigned for high Treason for drawing his sword in the cause of the Common-wealth, and suffered multitudes of miseries, in his almost twelve-months captivity there: in which time be lost above 600. l. in his estate that he left behind him at London, (as he is clearly able to make appeare) and immediately after his comming from thence, he took command in the Earle of Manchester Army, his commission as &illegible; of Foot, bearing due the 7th. October. 1643. which lasted till the 16th. of May, 1644. at which time he was authorised by Commission as Lieut. Col. to command a Regiment of Dragooners. In which services having been in many ingagements, he hopes it will easily appeare that he hath not onely &illegible; himselfe honestly and faithfully, but also valiantly and stoutly, in the middest of many discouragements, God crowning time of his indeavours with successe, especially at the taking of &illegible; Castle, and Sir &illegible; &illegible; Garrison, at which place your Petitioner was &illegible; through his &illegible; The premises considered, he humbly beseecheth this Honourable Assembly to &illegible; that Iustice which you so happily began for your Petitioner, and to give &illegible; &illegible; for &illegible; and redious imprisonment, and heavy &illegible; by the Star-chamber decree, he having waited 4. yeers with patience for that &illegible; though he lost by his imprisonment all that he had, and was deprived of a profitable calling, being then in the way of a Factor in the Low-Countries, and also to take of the Kings fine: and to consider his service with the Earl of Manchester, wherein he faithfully adventured his life, spent a great deal of his own money, and lost at Newarke, when Prince &illegible; raised the siege, almost an 100. l. being &illegible; from the Crowne of the head, to the soale of the foot, besides his former losses at &illegible; and &illegible; and that you would be pleased for his present subsistance, to appoint the present &illegible; of so much of his present arrears, as you in your great wisdoms shall think fit to supply his urgent & pressing necessities, there being now due to him 600. l. and upwards, and that Col. &illegible; may be commanded to accompt with the Petitioner, which formerly he hath refused to &illegible; though commanded by his &illegible;) and to give him &illegible; &illegible; &illegible; in due by the State in his service, & to pay him what he hath received for the petitioner, & detained from him,

And be shall pray, &c.
John Lilburne.

The annexed Petition thus followeth.
To the Honourable House of Commons now assembled in the High Court of Parliament.

The humble Petition of John Lilburne Prisoner in the Fleet.

To all &illegible; sheweth,

THat in December next will be three years, your petitioner upon suppos all of sending over certain books of Dr. &illegible; from Holland into England, was by Dr. &illegible; &illegible; without any examination at all) sent to the &illegible;-house prison, and from thence within three dates removed to the Fleete, where he abiding prisoner in &illegible; Terme following, was proceeded against in the Honourabled Court of Star-chamber, where your Petitioner appearing (and entring of his name, for want of money, his name was struck out again) and he refusing to take an oath to answer to all things that should be demanded of him (for that your Petitioner concerned that oath to be dangerous and illegall) without any &illegible; &illegible; him, for his refusing the said oath, he was prosecuted and censured in the laid Court most hearily being fined 500. l. to the King, and sent prisoner to the Fleet, and in Easter Term following, was whipped from the Fleet to Westminster with &illegible; &illegible; &illegible; &illegible; receiving at least 200. stripes and then at. Westminster he was set on the &illegible; the space of a hourts and over and above the &illegible; of the Court) at the warden of the Fleets command, &illegible; about an houre and a &illegible; after which most &illegible; sufferings, was again returned, into the Fleet close prisoner, when thought his said sufferings, the next morning he &illegible; sick of an extreame fever, should not have admittance for his Child &illegible; to let him blood &illegible; his &illegible; &illegible; &illegible; of the said day &illegible; &illegible; the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; Westminster to the &illegible; himself &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; in the Fleet ever since. Where in &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; both hands and leggs, which &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; six months and &illegible; &illegible; small &illegible; &illegible; &illegible; &illegible; in which &illegible; &illegible; a months sicknesse, most dangerous &illegible; &illegible; former &illegible; which time of &illegible; &illegible; have most &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; they would &illegible; &illegible; &illegible; for their &illegible; and they have denied &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; as &illegible; &illegible; &illegible; great &illegible; and to &illegible; him &illegible; &illegible; &illegible; to &illegible; &illegible; &illegible; and &illegible; have kept her servant &illegible; him, and has &illegible; &illegible; that it he had not been &illegible; by stealth of his &illegible; prisoners, &illegible; &illegible; &illegible; &illegible; from any food at all, for above the space of 10. &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; out of &illegible; have relieved him; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; for both to &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; and besides all this, &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; him, to &illegible; &illegible; of his &illegible; &illegible; &illegible; of his life, &illegible; &illegible; not been rescued and saved by &illegible; prisoners of the &illegible; house. In which &illegible; &illegible; &illegible; your poore petitioner hath &illegible; a prisoner for the &illegible; of &illegible; &illegible; and a had &illegible; is &illegible; still &illegible; continue in the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; of the Fleet, who hath &illegible; &illegible; &illegible; to &illegible; &illegible; &illegible; that he &illegible; &illegible; he must observe the man that hath so great &illegible; &illegible; the &illegible; &illegible; &illegible; the &illegible; &illegible;

All which his deplored condition, and lamentable miscries, he most humbly presenteth to this most honourable assembly, beseeching them to be pleased to cast an eye of compassion towards him, and to &illegible; him such reliefe from his censure and &illegible; imprisonment, &illegible; &illegible; good to your &illegible; who other life is like to perish under &illegible; hands of &illegible; &illegible;

And your &illegible; shall &illegible; &illegible; (as in duty he is bound) to the Lord to &illegible; and prosper this honourable Assembly,

John Lilburne.

At the debate of which there was not a little opposition by some, who (as I conceive) thought I was not capable of enjoying justice, although to my knowledge I never doe an act in all my life that put me out of the protection of the law, or that tended to the diffranchizing me of being a &illegible; and Freeman of England, and therefore ought to enjoy as great a priviledge in the enjoyment of the benefit of the Law of England, as any &illegible; Denizon of England whatsoever, by what name or title soever he be called, the issue of which debate, so much as I have under the clarks band, thus followeth.

Die &illegible; 10. Nov. 1645.

Ordered &c. That the Vote formerly passed in this House, concerning the proceedings against Lieut. Col. Lilburne in the Star-chamber be forthwith transmitted to the Lords.

Ordered &c. That it be referred to the Committee of accounts &illegible; up and state the accounts of Lieut. Col. Lilburne, and to certifie what is due to him to this House.

Ordered that it be referred to the Committee of accounts to call Col. King, and Dr. &illegible; before them, and to state &illegible; accounts, and what is due to Lieut. Col. Lilburne from either of them.

Ordered &c. That Mr. Sam. &illegible; do make the report concerning Lieut. Col. Lilburne touching the businesse of Mr &illegible; on wednesday morning next, the first businesse.

H. &illegible; Cler. Parl. D. Com.

The last of which orders seem to me to be a bug-bear and scare-crow, to fright me from following my petition any further, and gives me some hint who it was that was so hot against me, but for my part I fear the person, nor face, or no man breathing, for Honestly say I, is the best policy, and uprightnesse begets boldnesse, but it is strange to me what Mr. Sam. &illegible; can report of me, seeing to my knowledge) I never speake two words into him in my life, not he to me, but the busines is about Mr. &illegible; from whom I crave neither mercy not favour, for what I said concerning him in the house, I Judg it my duty to do and if it were to do again tomorrow upon the &illegible; grounds I would do it, either against him, or the dearest friend I have upon &illegible; and what can Mr. &illegible; say to me, more then he can to Mr. &illegible; &illegible; who was as deep in the information as myself, and what can he say to either of us, seeing we produced the party to the House that told it us, who for any thing, I know to the contrary, avers it to this day for a truth, although he was imprisoned for it.

But secondly, I much wonder the House, after I have had so much hard and unjust usage from divers of its members, should turn me over to William Prinn, at the Committee of accounts, who I say, hath neither Justice nor honesty in him, and who is my deadly and implacable enemy, as they well knew, and who hath most falsly, maliciously and inverately endeavoured to take away my life from me, by Ivingly and unjustly in his last book accusing me of high Treason: truly when I first heard I was turned over to him, this came into my mind, that it had been a little too grolle in the eies of the world, for my adversaries to have again themselves committed me to prison, but me thoughts I heard some of them say, however we will be even with him, for we will send him to W. P. who will doe the best he can to commit him, if there he should refuse the oath of accounts, or if he cannot get him upon that hugge, he will one way or other vexe him as bad as an imprisonment.

Well, but for all this, to the Committee of accounts I went (and shewed them my orders) where I found William Prinn in the Chaire, and I confesse the Marchants that were of the Committee, used me very civilly, and I laboured to demean my self towards them with respect, but for my antagonist, I found that from him, which before I went I looked for, and after some discourse, he tendred unto me an oath, which was to this effect, that I should swear what was due unto me, and what I had received, and what free quarter I had had what Horses and Armes from the State, which oath I refused to take, it being very strange so me considering my case, who in my fore-mentioned petition complain of Col. King to the House, that he not onely keeps my pay from me, that he received for me, but also refuseth to give me a note under his hand, for what was my due under him, and therefore there pray, he may be commanded to do me justice and right; although he hath for a long time refused to do either, and besides (as I told them) I could not upon my oath give them a just account what I had received of Col. King, seeing I lost my papers, &illegible; all my Horses and cloths at &illegible; and was stript naked, and forced in that condition (without either boots or shooes) to march on foot over hedge and dirch (to save my life) about 8. or 10. miles, and never &illegible; that day (to my remembrance) received any pay of him. But saith W. P. if you lost your papers, why might not be lose his, for he was plundered as well as you? To which I answer, He that kept his accounts did not use to goe and fight as I did, and besides, Colonell King though you say he was plundered, yet I avert it &illegible; was not plundered and stript, for he came home in the &illegible; he wore, but I was forced to come without mine: And besides, I was in an Army where there was a Councell of Warre established, and a Committee by Ordinance of Parliament dated January &illegible; 1643. And another dated 10. October, 1644. appointed to look after all such things as by oath was required of me, to give an account of, to whom for my pore J conceive I was to be accountable for any miscarriages, (if any had been) in that Army, and if they be not able to make any just complaint against me, I ought not to be forced by oath to purge my self before a Committee that was not then in being, and for my particular, I &illegible; I would have burnt or &illegible; my Constitution before I would have accepted of it upon the &illegible; demanded of one by this path, and in that very Ordinance it is ordained, that the Earle of Manchesters certificate to two of the Committee, and the Commissary Generall, shall be sufficient authority to them to subscribe our warrants, which shall be sufficient to demand our moneys, for our pay, and for my part I require but the benefit of this Ordinance, which was the declared condition upon which I went on with my imployment there, and this is that I beg, which hitherto hath been denied me, which I conceive is not just.

Again, I shall freely declare the maine reason, which makes me that in point of honesty, in being true to my liberty and freedome (which J call my birthright) I cannot submit to that oath, is this, I conceived all lawes and ordinances in such cases as this is, ought to be universall, to bind all, and not so restrictive as the additionall ordinance of accounts is, which ordinance dated Iune 16. 1645. hath this proviso or exemption (of Peeres, Assistant, or Officer of the House of Peeres, or Member, or Officer of the House of Commons) for my part, I iudge myself as free a man (though otherwise I defate not to make any comparisons) as any of them, and I conceive, I ought not to be in bondage to that Law or Ordinance, that they themselves will not stoop unto, and that which confirmes my judgement herein is, their owne words in their booke of Declarations, fol. 694. where answering the Kings charge laid upon them in point of slavery (they say) for therein we must needs be as much patients as Agents, and must every one in our owne turne suffer our selves, whatsoever we should impose upon others, as in nothing we have laid upon others, we have ever refused to doe, be suffer our selves, and that in a high proportion.

But lest some men might think I had received great store of monies, and not disposed them according to the ends I received them for, and therefore avoid this oath, to keep in my hands what I have I answer, all the while I was with Col. King, the Souldiers were frequently mustred, and most constantly not one passed the muster, unlesse he were upon the place, although he were seek in the same Towne where they were paid, and though I often gave my receit for the money to Colonell Kings servant Thomas Howett, who paid the money, yet most commonly my Lieutenant received the money, and disposed (I dare say) faithfully and iustly, and if either he or I should have defranded any of them but of six pence, we should have been sure to have heard of it to our shame, and for my owne pay, so much of it as I received, it was from his man (Thomas Howett) who alwaies had my &illegible; my hand for it: And from before Newark businesse, till we marched in Banbury, I never received a penny for my selfe, either of him, or my Lord Manchester, which then was but six weekes halfe pay, and because my souldiers were promised six weekes pay, as the rest of the Army had, and had but three weekes pay sent them, which set them all in a mutiny at Northampton, in the appeasing of which, J had almost lost my life amongst them, and was necessitated at &illegible; (to get them to match) to pay the common souldier all my own pay, and all my Officers, and to ingage my credit to them for their money, which wee received at &illegible; And after this, there was at severall times paid to my Selfe and Officers, seven weekes pay: as I remember, so that there never came any quantitie of money into my hand; and as I said before, we had a Committee and a Counsell of Warr to oversoe us, that we did justice, and if the least cattle could have beene found against men (of all the men in the Armie) I was sure to have heard of it. And as for Horses and &illegible; I never had to &illegible; remembrance from the State for my selfe, either Horse, Saddle &illegible; Pistoll, but what I won with my Sword, and for my Regiment, I and the rest of my Officers, recruited it over and over both with Horse and Armes, with our industry and resolution, without 6. d. charge to the State, and as for free quarter, I never had any all the while I was with Col. King and after I commanded my Dragoones, I and they for the most part &illegible; the bread of leopardy and hazard, being constantly quartered in the desparatest place in the Armie, &illegible; &illegible; as &illegible; be to the enemies Garrisons, which were many in Yorkeshire, where we many times fought both for horse meat and mans meat, and for my part, I thinke this was free prize to us, being not at that time within the possibilitie of Contribution to the Parliament, but J doe confesse some free quarter I had in the Parliaments quarters, but it was not much, as I can clearly demonstrate when time comes I shall receive my money, and I should upon that condition I might have into supply my necessities, allow a great for every penny worth of free quarter I have really had, although I have three severall times beene pillaged to a good value, and although I have &illegible; a good while for my pay, and although I have spent within lesse then this twelve months, above 300. l. in seeking for it, which in my apprehension is very hard, considering that &illegible; as divers of the Committee of &illegible; affirme in their printed Articles against him, that he received of them and their countrey about 10000. † to pay his Officers and Souldiers, yea, and I say divers of them told me he had divers thousands of pounds from them while we were at Newarke for that end: and yet be never had the honesty to let me have one farthing of it, and also received provisions of the Countrey, gratis, (as by divers I was truly informed) and made most constantly both Officers and Souldiers to buy it.

And my Lord of Manchesters provision of money by Ordinance, to pay his Armie was very large, and the Countreys made us beleeve they made very good payment, and yet if all the rest were like my particular, we received but a very small proportion of it, which makes me wonder what &illegible; &illegible; of the rest; surely it is either in those mens pockets that hath no right to it, or else it is sunke into the ground, foe by the Ordinance of the 22. Ianuary 1643. and others, the allowance is 8449. l. a weeke, besides the &illegible; of the five and twentieth part, and also the third part of the Sequestrations, which were worth not a little, and for my part I doe seriously protest, J spent a great deale of my owne money, besides the pay I received in my Lord of Manchesters service, and therefore doe iustly expect the performance of the Covenants and Contracts, made with me by Ordinance of Parliament, having faithfully performed my part, and this is but first (in my iudgement) both by the law of nature, the law of nations, and the law of God, which saith Levit. 19. 13, Thou shall not defraud thy Neighbour, neither rob him. The wages of him that is hired, shall not abide with thee all night, untill the morning. And &illegible; &illegible; 14, 15. Thou shall not oppresse in hired servant that is poore and needy, whether he be of thy bee then, or of thy strongers &illegible; are in thy land, within thy &illegible; At this day their shall give him his hire, neither shall the &illegible; goe downe upon it, for he is poore, and setteth his heart upon it, least he cry against thee unto the Lord, and it be sin unto thee, and in the &illegible; of Jer. 13. God pronounceth a woe against all such men, as detaine and keepe backe, the hirelings, and the servants wages, the words are these. Woe unto him that buildeth his house by unrighteousnesse, and his Chambers by wrong, that useth his neighbours service without wages, and giveth him not for his worke. Yea and God threateneth to iudge such men at thus practice, &illegible; 3. 5. And I will come neete to you to iudgement, and J will be a swift witnesse against the &illegible; and against the Adulterers, and against false Swearers, and against those that oppresse the Hiteling in his wages, the Widdow, and the Fatherlesse, and that turne aside the Stranger from his right, and feare &illegible; me saith the Lord of Hosts.

But you will say the State wants money, and therefore cannot pay you. To which I answer of have before declared that the Parliament by their owne Ordinances did provide a sufficient proportion for us, which the Countrey saith, they made pretty good payment of, and seeing it was provided for us, and we received it not, wee ought to know what is become of it, and for my part I am resolved before I will loose &illegible; I will doe the best I can to know what is become of it, though I bee &illegible; &illegible; &illegible; a body for my points.

But it &illegible; &illegible; that much of it was laid out by the Parliaments after appointment see other uses then to the payment of that Armie for which it was raised, to which I answer, that in iustice it ought to be repaid &illegible; againe, and truly I doe conceive &illegible; &illegible; there were a Just strict and severe course taken with all Sequestrators, Collectors, Receivers and Treasurers, that have cozoned the state of their mony in their &illegible; offices, there would be mony enough (I verily beleeve) found to defray all charges, for there is a greater reason (in my Judgment) that he should &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; hundreds and thousands from the State (yea and other hazard the &illegible; it &illegible; of supply, and breeds &illegible; burning &c. which in time may break out into very great mischiefes) then &illegible; steales 5. s. or 6. &illegible; or more, and it may be doth it for pure necessitie, having it may be lost all he hath by the enemie and hath also his &illegible; &illegible; from him, and hath not at present a bit of bread to put into his mouth, nor knowes not where to get any.

And I have &illegible; &illegible; of a Committee &illegible; it London that received betwixt two and three thousand pounds for sequestred goods, and never &illegible; for pence of &illegible; for the &illegible; and yet when they come to give up their accompts, they are not &illegible; to the State, but the State is in their debt for their partner and &illegible; the same Committee hath &illegible; &illegible; 40 and 50000l. in land, in a Countrey of &illegible; and &illegible; London, and yet there is not (as I am &illegible; &illegible;) &illegible; I. brought to accompe; so that laying these things together with it. Parliaments &illegible; &illegible; in &illegible; of their Declarations, I cannot thinke that saith bee &illegible; &illegible; &illegible; the price of my blood) &illegible; first &illegible; in &illegible; &illegible; &illegible; &illegible; of &illegible; they &illegible; &illegible; &illegible; &illegible; them, that every &illegible; &illegible; good service &illegible; &illegible; to be done &illegible; Commander or Souldier serving or to &illegible; therein, &illegible; &illegible; &illegible; answer the greatnesse of this Kingdome &illegible; the &illegible; of &illegible; &illegible; the &illegible; him, of &illegible; made the &illegible; they intended alike to all &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible;

And secondly, in page &illegible; they declare, that whatsoever money, Plate, &c. is brought in, shall not at all be imployed upon any other occasion then to the purpose they pretend to raise it for, and therefore the moneys levled upon the Association which was appointed to pay the Earle of Manchesters Armie, ought to be imployed for that end and no other.

Thirdly, Their words in folio 498. being then in great straites ares and we doe require all those that have any sence of piety, honour, or compassion, to helpe a distressed state, and to comein to our ayde and assistance, words sufficient to have set the heart of every man a fire, that hath any sparkes of gallantry in his breast, and therefore not easily to be forgotten by those that made them, if there be any sparkes of honesty in their hearts.

In the last place, the Parliament orders that the Vote formerly passed in this house concerning the proceedings against Lieu. Col. Lilburne in the Star-Chamber be forthwith transmitted to the Lords, and likewise ordered that my sine should be taken of, which single Order I got transmitted up to the Lords, and in a few dayes it there passed into an Ordinance in these words.

&illegible; Primo die Decemb. 1645.

IT is this day ordered by the Lords and Commons assembled in Parliament, that Lieu. Col. Lilburne be discharged of the fine set upon him in the Star-Chamber.

John Browne Cleric. Parliamentorum.

But although this order of the 10. Novemb. 1645. for the transmission of my whole case up to the Lords, I cannot get it done by all the interest I have, although contrary to the tenour of Magna Charta (which saith iustice and right we will deny to none, we will deface to none) I have waited almost this 5. yeares, for that very end, to my extraordinary charge, and expences, although I had these Votes and Orders following, almost 5. yeares agoe.

Die &illegible; 4. May. &illegible;

Mr. Rouse this day reported John Lilburne his cause, it was thereupon ordered and resolved upon the question as followeth.

Resolved upon the question.

That the sentence of the Star-Chamber given against John Lilburne is illegall, and against the libertie of the Subiect, and also bloody, wicked, cruell, barbarous, and tyrannicall.

Resolved upon the question, that reparations ought to be given to Mr. Lilburne, for his imprisonment, sufferings, and losses sustained by that illegall sentence.

Ordered that the Committee shall prepare this case of Mr. Lilburnes to be transmitted to the Lords, with those other of Dr. Bastwicks, Dr. Leighton, Mr. Barton, and Mr. Prin.

Hen. &illegible; Cler.

D. Com.

The Parliament in their first Declaration pag. 13. complaines that multitudes were called to the Councell-Table, who were tyred with long attendance there, but I wish they would be quicker, but what should be the reason I do not know, wherefore I cannot get my case transmitted, I would those that hinder it would tell me, I should exspect no justice from them, and this would be plain dealing, I hope I may without offence (making no application of it) resite what Machiavel in his Prince fol. 138 saith of Alexander 6. that he never did any thing else then deceive men, and never meant otherwise, and alwaies found whom to work upon: yet never was there man would protest more affection, nor aver any thing with more solemn oaths and observe them lesse then he, therfore saith Machiavel, it is more advantagious for a Prince to seem to be pitifull, faithfull, mild, religious, and of integrity, then to be so indeed, and saith the Translator in his Epistle to the Reader, their are many who practise Machiavels principles, and yet condemn him, who willingly (saith he) would walk as Theeves do, with close lanthornes in the night, that they being &illegible; and yet seeing all, might surprize the unwary in the dark.

But it may be demanded who would you have your reparations from? I answer, from those that lawlesly imprisoned me, and those that lawlesly and cruelly passed sentence against me, and those that lawlesly and barbarously made &illegible; order against me.

At the inner Star-Chamber the 18. of &illegible; &illegible; 1638. &illegible;

Lord Arch-Bishop of Canterbury. Lord Privie Seale. Lord &illegible;
Lord Keeper. Earl Marshall. Lord &illegible;
Lord Treasurer. Earl of Salisbury. Mr. Secretary Cooke,
Mr. Sec. Windebanke.

Whereas John Lilburne, prisoner in the Fleet, by sentence in Star-Chamber, &illegible; this day suffer condigne punishment for his severall offences, by whipping at a &illegible; and standing in the &illegible; and as their Lordships were this day inforthed, during the time that his body was under the said execution, undaciously and wickedly, did not onely utter sundry scandalous speeches, but likewise scottered divers Copies of seditious books among the people that beheld the said execution, for which very thing (among other offences of like nature) he hath been censured in the said Court by the aforesaid sentence: it is therefore by their Lordships ordered, that the said Iohn Lilburn should be laid alone, with from on his hands and legges in the Wards of the Fleet, where the basest and meanest sort of prisoners are used to be put, and that the Warden of the Fleet take especiall care to hinder the resort of any persons whatsoever unto him. And particularly that he be not supplied with money from any friend, and that he take especiall notice of all letters, writings, & books brought &illegible; him, and seize and deliver the same unto their Lordships, and take notice from time to time who they be that resort unto the said person &illegible; the said Lilburne, unto speak with him, and inform the board thereof. And it was Iustly ordered, that all persons that shall be hereafter produced, to receive corporall punishment; according to sentence of that Court, or by order of the board, shall have their garments searched before they be brought forth, and neither writing nor other thing suffered to be about them, and their hands likewise to be bound during the time of their punishment. Whereof, together with the other premises, the said Warden of the Fleet is hereby required to take notice, and to have especiall care that this their Lordships order be accordingly observed.

Examined by Dudly Carleton.

Besides these above-named, the most of which were present at my sentence (&illegible; I remember) there was my Lord Chiefe Iustice Bramston, and Sir Henry Vane the elder. And Dr. Lamb, Dr. Aliote, and Dr. Guine committed me.

But some may say your Antagonists are great, and it will be hard to get justice of them, I answer and say, a just and a righteous Iudge is no respecter of persons, but will do justice upon great ones as well as mean ones.

But some will say (is it hath been objected by some to me already) what justice can you exspect from the Lords, seeing they have made Mr. Peter Smart spend 4. or 500 l. with following his businesse before them, after it was transmitted from the House of Commons, and yet he hath not got one penny, although he be ready to starve. To which I answer and confesse it is a hard case, but yet it doth not therefore follow, because Mr. Smart is foyled in his businesse, that I must give over ruine, my principle is this, to go on with that busines that is iust and honest, though it have never so many difficulties accompanying it, and my ground ariseth from Gods promise, which is, &illegible; be with his in all just things, and from those incouragements that I find in the 12, Heb Again, if I be transmitted up to the Lords, and cannot get forward there, I am no worse then now I am but I confident beleeve I shall get forward, out of the former experiencies of that justice that I have found there, and I will instance 2. particulars, first when I was a prisoner in the Fleet, and had like to have beene murthered by the jaylors, I was laine to &illegible; up my door, and keep them out of my lodging for 17. weeks together, and in &illegible; &illegible; of my &illegible; I writ an Epistle in 2. sheets of Paper to the Magistrates of London, and one sheet to the prentices thereof, which was thrown among them one day when they were at their recreations in Moor-fields, which had like to have &illegible; the Bishop of Canterburies ruine, for the throwing of which, my maid was taken and carried before Sir Marrit Abbet, then Lord-Mayor of London, where there was witnesse that appeared to justifie the thing to &illegible; upon which the Lord-Mayor committed her to prison without a warrant, shewing cause wherefore he committed her, upon which, I in her behalfe the beginning of this Parliament complained of him, for commiting her to prison contrary to law, and Sir Morris was summoned to answer my complaint, and appeared in his gold chain, and velvet gowne, with a great train of Citizens, and I had &illegible; especially that pleaded for me in point of Law, namely, the right honourable the Lord Brooks, and Lord Roberts, and he had &illegible; in especiall manner in plead for him, namely, the Earl of Bristol, and the then Bishop of Lincoin, which 4. did canvas it soundly in point of law, and in the conclusion (&illegible; all the rest of that Committee) ordered Sir Morris Abbot to pay unto her &illegible; l. (which he did) for imprisoning her 3. daies contrary to the petition of Right, which commands the cause of the imprisonment to be expressed in the warrant: &illegible; gallant piece of justice I say.

Secondly, May 4 1641. the King accused me of high Treason, and before the Lords bar was I brought for my life, where although one Littleton servant to the Prince, swore point blank against me, yet had I free liberty to speak for my self in the open House, and upon my desire that Mr. Andrews might also declare upon his oath what he knew about my busines, it was done, and his oath being absolutely contradictory to Mr. Littletons, I was both freed from Littletons malice, and the Kings accusation at the bar, of that whole House: and for my part I am resolved to speak well of those that have done &illegible; justice, and not to doubt they will deny it &illegible; till such time as by experience I find they do it.

Besides, Mr. Smarts case and mine are different in this particular, for any thing J can understand, all those that did him wrong, have their estates sequestred, and the State being in great necessity, it is iudged convenient at present by divers, that the publique should be supplyed before him (though I confesse I conceive he ought in point of law and justice, first to be satisfied, in regard they first wronged him, long before the State tooke any cognisance of any wrong done unto it by them) but for my particular I have not onely to do with those whose estates are sequestred, but some of my adversaries still sit in both Houses, and besides, 1. of them, namely the Earle of Arundel, and the Bishop of London, as I am credibly informed compleatly enjoy their rents and estates, and are neither sequestred, nor are they friends to the Parliament, and therefore I conceive there can be no colour nor pretence to deny me satisfaction from them, and for my part (by the strength of God) J am resolved (though I be repulsed again and again) to follow in with all my might, so long as either I have tongue to speak, or hand to write, and to do the best I can to make them as weary, that I know shall deny me justice and right, as ever the importunate widdow did the unrighteous Judge, when she made him say, although he neither feared God, nor regarded man, yet because she troubled him, he would do her justice, Luke 18. 5.

But it may be you will say the House of Commons is not at leasure, by reason of the publique, I answer, lesse then an hours time will serve my &illegible; in this particular, and it is very strange in 5. yeares space so much time cannot be found from the publique to transmit my busines, so particularly taken notice of in their first declaration to the Kingdom, sure I am they can find time enough to settle great and rich places upon some of themselves, and to enjoy them, for all their own Ordinance to to the contrary, yea, and I know some of them that at this day hath &illegible; of places, and I say the thing I desire of them is more iustly my due, then any of their great places are theirs, and therefore I hope they have no true cause to be angry with me for craving iustice at their hands, being it was the end wherefore they were chosen and &illegible; and that which they have sworn to do.

But you will say the time is not now in point of prudence so seasonable, you may spoyle your businesse with being too violent. I answer, away with Machiavel and his politiques, and besides, it may be I have staid so long, that without ruine and destruction I can stay no longer, for give me leave to add one thing more to all the rest going before, that having by the Bishops means lost the affection of my Father formerly, which made me that I never when I last begun the world, aske him for any portion, neither did I in all my life receive 6. d. of him (for all Bastwicks lies in his book against me) under that notion and consideration, and he and I of late years falling into a better harmony one with another then formerly we were, I iustly expected some assistance from him in my present straits, by way of portion, but I find this answer ready at hand: Son, I would fain fulfill thy desire, but at present I cannot, for thou knowest our Country was betrayed by those that should have preserved it, and for my affection to the publique, I lost all that ever the enemy could singer of mine, namely, all my stock, my corne, and houshold goods, and the rents of my lands, all the time that the Earl of Newcastle had the North, and now though I have my and, yet being in the &illegible; of &illegible; I &illegible; &illegible; &illegible; &illegible; nor &illegible; had Preparation for any of my &illegible; of the &illegible; of &illegible; &illegible; &illegible; &illegible; their with advantage, who should have preserved &illegible; but did not, so that &illegible; a manner, am as new to begin the world as thy selfe &illegible; should have a little &illegible; &illegible; to have &illegible; some things in our present age, &illegible; those complained of in the Parliaments first Declaration, and from thence &illegible; &illegible; the &illegible; (in my apprehension) of all &illegible; obstruction of &illegible; &illegible; in the Kingdom, but I am &illegible; I have been too &illegible; already and therefore &illegible; &illegible; &illegible; &illegible; of that another &illegible; &illegible; you seriously &illegible; and &illegible; upon what here &illegible; &illegible; to you, and be not too subject to passe your &illegible; upon it, untill you have well weighed it, and let him enjoy your &illegible; to God for direction and courage.

That is yours, and the Common-
Wealths, &illegible; death.

John Lilburne.

&illegible; Reader in regard of those &illegible; &illegible; that are abroad, by the enemies to libertie and freedome, the Stationers and their Beadle &illegible; in &illegible; open free mens houses, closers, &illegible; and dearest, and taking away goods writings and what ever they please, and for want of freedome through &illegible; of them to &illegible; to the &illegible; &illegible; after this my coppie, many &illegible; escaped the &illegible; which I desire thee with thy pen as thou readest to amend, but especially these which follow. [  ] Page 3. line &illegible; read this for the &illegible; 3 &illegible; experiences for &illegible; p. 5 l. 40, r. for a little time put into it, p. 7. l. 5. r. for being &illegible; &illegible; l. 16. r. &illegible; for imployment, p. &illegible; l. 15. r. &illegible; &illegible; for &illegible; only. l. 28. r. as I remember, p. 10. l. &illegible; assisting in execution hereof, p. &illegible; l. &illegible; r. then for them, p. &illegible; l. 2. r. I on thee for I doe on thee. l 16. r. &illegible; for have p. 15. l. 15. r. whether seeing, p. 16 l. 3. r. weekes for &illegible; p. 17. l. 17. r. W. P. for he, p. 18. l. &illegible; r. by whom, for by what authoritie, p. 19. l. 32. r. may not be delayed, p. &illegible; l. 3. r. &illegible; for rights l. 10 r. &illegible; is before mentioned l. &illegible; r. &illegible; for &illegible; p. 21. l. 4. r. right for might be, l. 40. r. &illegible; for &illegible; p. 24 l. 26. r freenesse for friends, p 27. l. &illegible; r. speake for my selfe, &illegible; &illegible; &illegible; hee and his for he of his, p. 18. l. &illegible; r. nor for not, p. 29. l. 18. r. and the Prisoners shall pray, &c. p. 12. l. 18. r. &illegible; for &illegible; p. 33. l. 38. r. promise for &illegible; p. 14. l. 7. r. and that at, l. 19. r. but &illegible; &illegible; l. 38. r. &illegible; &illegible; &illegible; p. &illegible; l. 17. r. &illegible; for appropriating, p. 37. l. &illegible; r. for the people &illegible; take cognisance of, l. &illegible; r. were and are for were &illegible; p. 42 l. 21. r. for Capt. for to Capt. p. 43. l. 36. r. false and &illegible; &illegible; 44. r. offer in p. 45. l. &illegible; r. &illegible; for state, l. 30. r. and for his, l. 36 r. to &illegible; to him, p. 46. l. &illegible; r. &illegible; for &illegible; p. 47. l. &illegible; r. times at his tryall produce, l. 34. r. keep no &illegible; l. &illegible; r. &illegible; for &illegible; p. 48 l. &illegible; r. &illegible; for impoverishing, p. 49. being for &illegible; l. 4. r. &illegible; for &illegible; I &illegible; (in a manner) restore, p. 10. l. &illegible; r. them for themselves, p. &illegible; l. 39 r. &illegible; for perish, p. &illegible; l. &illegible; r. &illegible; for &illegible; p. &illegible; l. &illegible; r. aligation for obligation, p. 15. l. 35. r. 12. &illegible; 7. 8, 3. l. 6. p. 56. l. 23. r. time &illegible; p. &illegible; l. 5. r. devoyce for power. l. 17. &illegible; for &illegible; l. 18. r. lawes for Lawyers, p. 60. l. 16. r. 35. for 25. l. 17. r. Kingly for singly, p. &illegible; l. 33. r. and that he, p. &illegible; l. 17. r. never for ever, p. 64. l. 2. r. &illegible; &illegible; &illegible; &illegible; that you give him your bell, l. 14. r. prosecuting for presenting, p. 65. l. 2. r. that for the, l. 34. r. long for large, p. 67. l. 33. r. of for or, l. 38. r. iudged for iudge, p. 69. l. &illegible; r. his for our, p. 70. l. 22. r. Col. King, p. 71. l. 26. r. thereby hazards the lesse, p. &illegible; l. 14. r. deferre for deface.


 

 


10.6. John Lilburne, The Just mans justification (6 June, 1646)

Bibliographical Information

Full title

John Lilburne, The Just mans justification : or A Letter by way of Plea in Barre; Written by L. Col. John Lilburne, to the Honourable Justice Reeves, one of the Justices of the Common-wealths Courts, commonly called Common Pleas. Wherein the sinister and indirect practices of Col. Edward King against L. Col. Lilburne, are discovered. 1. In getting him cast into prison for many weekes together, without prosecuting any charge against him. 2. In arresting him upon a groundlesse action of two thousand pounds in the Court of Common Pleas; thereby to evade and take off L. Col. Lilburns testimony to the charge of high Treason given in against Col. King, and now depending before the Honourable House of Commons. In which Letter is fully asserted and proved that this cause is only tryable in Parliament, and not in any subordinate Court of Justice whatsoever.

Levit. 19.15. Yee shall do no unrighteousnesse in Iudgement, thou shalt not respect the person of the poore, nor honour the person of the mighty: but in righteousnesse shalt thou judge thy neighbour.

Estimated date of publication

6 June, 1646.

Thomason Tracts Catalog information

TT1, p. 443; E. 340. (12.)

LWV

T.64 [1646.06.06] (10.6) John Lilburne, The Just mans justification (6 June, 1646).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Sir,

HAving lately taken upon my self that boldnesse to speak with you, as you are one of the publique Judges of the Kingdome, about an honest poor man that was unjustly and without any legall authority cast into prison, and finding a very courteous, faire and rationall carriage from your Honour towards me at that time, imboldeneth me the more at this time (being extraordinarily necessitated thereunto) to write a Letter to you in my own behalfe. I being upon the fourteenth of April last arrested at Westminster, upon an action of Trespasse, by the Bayliffes thereof, at the suit of an unjust and troublesome man, commonly called Colonell Edward King; and the Bayliffes pretended it was for so many thousand pounds (although I am confident that I never was six pence in his debt in my life) that they must have extraordinary Baile for my appearance.

So that I was forced to give them two house-keepers in Westminster, and one stranger, or else in their mercilesse hands I must remaine, although I was very hard following of my businesse to perfection with the Parliament, which hath stucke there almost six yeares, to my extraordinary cost, charge, and losse of time, and although I am confident that it is as just a cause as any is in the world, and hath so been adjudged by both Houses of Parliament, as in this inclosed printed relation you may reade.

I must ingenuously confesse that it did somewhat trouble me to be arrested in that manner, having never before in my life bin arested to my remembrance, and I was the more troubled in regard that my Ordnance for my reparation, which lastly passed in the Lords House, was depending in the House of Commons, I was affraid that it might there stick, if I were diverted from following it, and I did not know but this &illegible; &illegible; do it.

And Being in a longing expectation for the Terme, to see my Antagonists Declaration, I found in it that it is an Action of Trespasse for 2000 l. pretending that I said in October last, that Col. King was a Traytor, and I would prove him one, and for taking away his good name which I scarce believe he ever had in his life, and considering with my selfe what to do, I was resolved to make a &illegible; at the Barr of the Common Pleas (where you are the eldest, and chiefest Judge, that Col. King and I. being both Soldiers, were in that condition to be governed by the Lawes Martiall which were published with the Stamp of Parliamentary Authority by the &illegible; thereof: And he having committed many grievous crimes against the Letter and true meaning of them, I complained to the Earle of Manchester thereof, being both his Generall and mine; and at the same time, divers Gentlemen of the Committee of Lincoln, as Mr. Archer &c. having Artickles of a very high nature against him, &illegible; my Lord to a tryall of him at a Councell of Warre, and at the very same time, the Major, Aldermen and Towne Cleark of Boston, came to Lincoln to my Lord, with Artickles of a superlative nature against King their Governour, but could not get my Lord to let us injoy Justice at a Councell of Warre, according to all our expectations, and as of right we ought to have had, which at present saved his head upon his shoulders.

Yet notwithstanding others endeavoured to try whether justice could be had against him in the Parliament, and for that end, in August 1644 Mr. Mussenden, Mr. Wolley and divers others of the Committee of &illegible; did exhibit Artickle of a very high nature to the House of Commons against him, and to speake their own words in their 4th Artickle, they say.

That when he was last before &illegible; &illegible; sent for a Captaine who kept Crowland, who obeyed his command, yet sent word to him of the danger that that Towne was in, and therefore &illegible; his second pleasure which was that he should &illegible; who accordingly did, the Gentlemen of the Country, &illegible; the enemy, procured Major &illegible; to &illegible; 100. &illegible; to keepe Crowland, which he &illegible; of, tooke all, that any without order from him should come into his &illegible; and commanded &illegible; to be gone, who accordingly departed, the Enemy presently surprized the Town, and those few that he had lest in it, by which meanes he &illegible; the Town unto the Enemy, which was not regained without much charge hazard, and losse of many mens lives.

And in the 12th. Artickle, they plainly accuse him for betraying the Parliaments Garrison of &illegible; these Artickles with the rest, having there hung ever since without a finall determination, King knowing that I was a main witnes against him in divers of the things laid to his charge, and &illegible; a malignant and inveterate mallice against me, for opposing him in his unjust and unwarrantable actions, (while I was his Major, and for discovering of them, and often complayning of him to the Earle of &illegible; and Lievt. Gen. Crumwell &c.) to be revenged of me, did upon the 19th. day of July 1645, plot, &illegible; and by lying and &illegible; suggestions to some members of the House of Commons, caused me to be committed as a prisoner, and as a prisoner, by vertue of that his unjust procurement, I lay till the 14th. of October 1645. to my extraordinary charge and dammage, yea, and to the hazard of my life, as I could easily, truly, and undenyably demonstrate.

And yet neither he nor any man for him ever prosecuted any charge against me, for although I lay so long, yet was I delivered before ever I knew truly and legally wherefore I was imprisoned, as appeares by the following Coppy of my releasement.

Die Martis 14. October, 1645.

MR. Recorder acquainted the House, that two Sessions were now passed, &illegible; Lievtenant Colonell Lilbourn was removed to Newgate, and had continued a prisoner there, and this no information or other charge had &illegible; yet brought against him, and at this last Sessions, he humbly desired either to be tryed or to be discharged, and &illegible; &illegible; thereupon resolved upon the question, that Lievtenant Colonell Lilbourn be &illegible; discharged from his imprisonment.

To the Keeper of Newgate or his Deputy.

Hen. Elsing. Cler. Parl. D. Com.

And that King was the Instrumentall cause of my imprisonment, appeares clearly to me, by what I find recorded by his good friend and my grand enemy Mr. Prinne in the latter end of the &illegible; Page of his booke intituled the Lyer confounded, and by what I find recorded under Kings hand in the 8th. page of his co-partner. Doctor Bastwicke Booke, written against my selfe, for although Doctor Bastwick be now my bitter Enemy, and his hand be with Kings to the Information which Doctor Bastwick there saith was put into the House of Commons against me: yet I am &illegible; to thinke that King was the King leader in it, because at that time there was no visible nor professed breach of friendship betwixt Doctor Bastwick and my selfe.

Vpon which provocation by King, it might be, and I do believe it to be true, that J might be free in my discourse at severall times of King, and the forementioned charge &illegible; Treason given into the House of Commons against him, and J am very confident it will be made good by sufficient proofes and witnesses, according to the rules of Warre, when it there comes to a tryall, but do not own the words specified by him in every particular.

Therefore J conceive it unjust, irration all, and Anti-Parliamentary, for an inferiour and subordinate Court, as the Court of Common Pleas is, to medle with this businesse, it being now dependent in Parliament, the supream Court, and unjudged there as yet, although the prosecutors &illegible; at their utmost perill to prove their charge against him.

Therefore my Lord, in my apprehension, Kings former mallice manifested about my commitment, and his present bringing me before you, are meer evasions and tricks to terrify me and all others from prosecuting him in Parliament, and also (under favour) your medling with it in your Court, it being still depending in Parliament, and not by them referred to you, is an incroachment upon their Priviledges, and J am the rather confirmed in this opinion, when I seriously read over Mr. Prinnes Booke, cal’d the &illegible; of cowardice and &illegible; he being Colonell Kings very good friend and councellor, and therefore his words in this case are of the more weight and authority &illegible; 1. 12. being a professed adversary to me, who citing the Rolles of Parliament of the 1. R. 2. num. 38, 39, 40. which containes the case of &illegible; and Weston, hath these observations and inferences from them, in the 7th. page thereof.

That it is to be remembred, that Ieffery Martin Clearke of the Crown made this very Record, and delivered it thus written in this present Roll, with his own hand, therefore saith he, from this memorable Record, J shall onely observe these few particulars.

1. That the Surrender of Townes, or Castles to the Enemy, through Cowardice or Treachery, is properly examinable and tryable onely in Parliament.

Jt being a detryment to the whole Kingdome, and so fit to be determined by the representative Body of the Kingdome.

2. That the Cowardly delivering up of any Town or Castle by the Governour thereof, to the Enemy, is a Capitall Offence, deserveth death, and likewise the losse of it through his &illegible; or default.

3. That every Governour, who takes upon him the custody of any Fort or Town, is obliged in point of Trust, and duty, under Pain of DEATH to defend is to the &illegible; extremity.

4. That the concurrent consent of a Councell of Warre or Souldiers, to render up a Town to the Enemy before utmost extremity, for the saving of the Houses, Lives and Goods of the Soldiers or Inhabitants, &illegible; no excuse at all to justify or &illegible; &illegible; &illegible; Governours dishonourable &illegible; and offence.

5. That those who are accused of such an unworthy Surrender of any Town or Castle ought to be apprehended and kept in safe custody, till their Tryalls be past, and not suffered to go at large.

6. That a Governour giving timely notice of the Enemies apporach, of the weakenesse of the Garrison, his &illegible; for &illegible; &illegible; and repulsing of the Enemy for a season, will no &illegible; excuse his surrender of a Town or Castle, unlesse he hold it out to the utmost extremity, or Surrender it by the consent of those, who entrusted him with the Custody thereof.

7. That the violent Battery of the Walles, or drayning of the Dykes of any Castle or Citie, or any breach made &illegible; them by the Enemy (though extraordinary powerfull) are no sufficient causes or &illegible; for any Governour to Surrender them upon composition to the Enemy, while there is sufficient victuals, men, or ammunition to desend them; And that they must in no wise be surrendred, without consent of those who put in the &illegible; &illegible; the greatest part of the Souldier, be &illegible; the victuals or ammutionn quite spent, and all hopes of reliefe dispayred of utterly upon good grounds.

Which is cleare by the Case of Weston, who made a better defence of the Castle of Out &illegible; with 38. men onely, against more then 8000. Enemyes, (who &illegible; assaulted, battered it for 6. dayes together, with &illegible; great Commons and other Engines, and pleaded farre more in his defence of his surrender of it, then many now can do, for surrendring of Townes and Castles of far greater importance, then this Castle was, and yet for all this Weston in full Parliament, was adjudged to death for it.

Thus far the words of an adversary to me, and Kings especiall friend and councellor, and therefore of the more weight and authority. Titus 1. 12., 13.

Therefore my Lord, laying all these things together, as 1. Col. King and J being both Soldiers’ under one Generall, namely the Earl of Manchester, who was authorized by Parliament to govern his Army by Martiall Law, which Law was plainly printed by the same authority, and openly published to the view of every Commander, Officer & Souldier; for transgressing against which Artickles, many in a martiall way have lost their lives, and no other visible Rule that J knew off, was to be the Rule and Judge of our actions, or offences, but that Law, unto the power and authority of which, both Col. King and my selfe did voluntarily stoop, and therefore (as I humbly conceive) wee are not to be tryed by the Rules of the Common Law, (which I thinke no man in the world fully and truly knowes) for our actions committed in our souldier condition, which is the true cause betwixt him and me. 2. I did my duty according to the trust reposed in me, By the State Legall & representative, and by my Generall from whom I had my Commission, and according to the private commands of Lievtenant Generall Crumwel, which was to be faithfull in my place, and to complain, either of Col. King, or whomsoever I groundedly knew, did any action, that tended to the ruine of Salus &illegible; The safety of the People, or the State univresall, and he promised me upon his Honour and Reputation, that he would doe the best he could to have justice done, which is the very life of all societies or Common Wealths, and that without which, the People cannot be happy or safe; yea, & he gave me the reason, wherefore he so earnestly tyed me to it, which was because our Generall with his Army was to march out of Lincoln, Shire, and that Country being lately wonne out of the hands of the Cavaliers, there being very few of that Country at that time that desired Command under the Generall, (saith he) wee are necessitated to make use of Col. King, and to make him governour of Boston and Holland, upon whom he &illegible; then as an active popular man, who promised to do mighty things for the good of that Country, and the Publique.

But in regard divers of the chiefe men of Boston do mislike him, I have therefore (saith he) in his behalfe engaged my selfe to them for him, that he shall be faithfull, just and honest towards them, and therefore in regard I have no large experience of the man, and of his temper, I principally looke upon thee Lilbourne, and thy Lievtenant Colonel, whose faithfulnesse. I can rest upon, & for both of whom I have used my interest, to place on purpose with him, that so if he should breake out to the dishonour of my ingagement, and the detriment of the publique, I may from time to time be sure to know of it, that so it may be prevented before it be past remedy.

But King being pussed up with his Command, tooke upon him an absolute regall tyranicall authority over all his Officers, but especially those that were betrusted in Commission as well as himselfe, and to do his chiefe actions by the rule of his own will, without their privity or advice, which tended to the ruine of all that were under him, and consequently of that whole country, he having treacherously lost Crowland and Boston put in extream danger, by his absolute wilfulnesse, if not treachery, the making known whereof, with his cariages at Newarke Siedge &c. cost me in sending posts to the Earle of Manchester, and Lievtenant Generall Crumwell, then, in or about Camebridge, I am very confident 20. or 10. l. which so madded him, that he imprisoned Major Rogers for dating to go and complain against him, I being in those straights in regard of the charge I had taken upon me, that I durst not stir my selfe, till all was cleare, without feare or danger of an enemy, he having already by the Law of his own will, &illegible; his Lievtenant Colonell, without ground or cause, and endeavoured the apparent destruction of Capt. Camebridge, and all the honest, zealous and conscientious men, under his command, which to me was an ill Omen of his intentions.

Therefore I say, so soon as I durst leave my charge, I &illegible; away to Bedford, where I found my Generall, and Lievetenant Generall Crumwell, and could them both fully of Kings cariage, and that he commanded his forces to march forward and backward, where, and when he pleased, without the advice, &illegible; and consent of his Field Officers &c. who were to ingage their lives a thousand times more then himselfe, in managing the designes he let them about, and that the Committee of Lincolnshare had paid him diverse thousands of pound, to pay his Officers and Souldiers at Newarke Sledge, but J could not heare that he paid one penny to any Officer there, and for my own part J am sure J could not get a penny from him, although J am confident J tooke as much paines both night and day, and hazarded my person as freely, and as often as any Major at that Leaguer did.

So likewise, although the Country sent in great store of provision for his Regiment gratis, yet he and his under Sutlers, made both my selfe and other of his Officers and Souldiers, pay ready money for a great part of it, to their extraordinary &illegible; provoking them thereby to mutiny, and so full was he of arrogancy pride and contention (contesting with and, or most of the chiefe Commanders there) that Sir Iohn Mildrum told me, that he &illegible; such a fire of contention amongst them that he dorst scarce call a Councell of Warre to confuse how to manage their busines, for fear King should set them all together by the carres, and so destroy the busines, being there continually in contestation with my Lord willoughby, Col. &illegible; Sir Mytes Hubbard, Sir Iohn Pagraffe and divers of the Lincoln Committee &c. which did so trouble and distract the old Knight Sir Iohn Meldrum, our commander in chiefe, that he knew not well what to do, when Rupert came upon us, by reason of our own distractions a-among our selves.

And I dare confidently averre it upon my conscience, that hee (namely King) was one of the greatest instruments of our overthrow and ruine, and therefore if Thomas Earle of Lancaster, (as Mr. Prinne in the a page of the foresaid booke recordeth) was proclaimed a Traytor, by the whole Army in the 12. yeare of King Edward the second; for departing in discontent from the Army, at the siege of Barwick, by meanes whereof it was not taken, and the siege raised; then I desire to know what Colonell King deserveth, that at the siege of Newark carried himselfe so, that hee did raise discontents, and little better then mutinies, by meanes whereof the siege was not only raised, but the whole Army in a manner destroyed, to the extraordinary danger of the whole Kingdome.

I also told my Lord that after the articles of agreement was concluded, Colonell King commanded, (and in a manner forced me) contrary to the Agreement, to march away his Regiment in a hostill manner, with their armes, &c. by meanes of which we were set upon by their horse, and forcibly disarmed, which did also occasion the plundering of us, as violaters of our Covenant and contract; to the disparagement of the whole army, yea, and the Parliament it selfe, and to the extreme hazard and danger of abundance of our lives; yet King was so honest, and valiant, that as soone as he saw the storme fall upon us, he fairely left us, and shifted for himselfe, without being plundered as we were, at which bout I lost well nigh 100 l, being plundered from the crowne of my head to the sole of my soot.

I further told him, that the Towne of Boston had been in extreame danger, for after &illegible; was discerted, and Ruperts forces possessed of it, and daily newes brought into Boston, that Rupert would affault it on both sides the river; I moved Colonell King, that seeing the armes of his owne Regiment &c. was lost, and he in no possibility to defend the Towne of himselfe at the present, that therefore (the Towne being of that consequence, that if it should be lost, the Enemy might presently make it, the absolutest strong Towne in England for themselves) that he would forthwith send to Colonell Walton, then Governour of Linne, to intreat him to land him at his great need and strait 4. or 500 men, to defend the Towne, till such time that he could get his owne Regiment againe together, which he absolutely refused, and told me plainly that he would never send for another to command and affront him in his owne Jurisdiction, which the Linne men would do, (he said) if they come, at which I being excreedingly troubled, that he should preferre his owne domination before the preservation of so considerable a Towne and Garrison, it made mee beleeve hee intended to betray it.

Whereupon I went to Mr. Major, then as I remember, at Alderman Tilsans, and told them both, with some others, that their Towne was in extraordinary danger to be lost, and they all undone, if they did not looke about them presently, and told them all the discourse I had had with their unjust oppressing Governor, and told them I conceived all was not right, and therefore I judged my self bound in duty and conscience both before God and man, to tell them what I apprehended of things, and how neare their danger and ruine was at hand, and if they would not helpe to save themselves according to the law of Nature, their ruine be upon themselves; they desiring of me to let them know, what I would advise them to, I told them my advise was, for as many of them to go with me to Colonell King, once againe, as they thought sit, and let us joyntly presse him to send to Linne for men, and if he would not do it, that then we might do it without him.

Vpon which, we went, and at first found him obstinate till (as I remember) Alderman Tilson could him that if he would not joyne with them, they would write to the Governour without him) upon which he was drawn to subscribe, but my Lord of Manchester and the Governour of Lyne, or some others in authority; being mindfull of us in our straits, had ordered Col. Waltons Major, Major Franckling, a stout and gallant man, with about 400. men, to come by Sea to us, & as I remember, his orders were, that he should secure Boston; upon the arivall of whom, Col. King immediately commanded them out of the Town, to go and besiedge Crowland, which a litle before by treachery or his own absolute wilfull negligence, he had given up unto the declared Traytors, and professed enemies of the State and Kingdome.

Of which as soone as I fully understood, I went to Major Frankling, and desired to see his order by vertue of which he came to Boston, and told him how things stood with us, and in what temper I conceived my Colonel to be, and therefore entreated him to be sensible of the trust reposed in him, and of his own Honour, and reputation, professing unto him, that if he at the command of Col. King, marched away with all his men, considering his orders; and the condition which the Town was in, I should look upon it as a meer design betwixt him and Col. King to betray the Town indeed, telling him how weak and unfortified the Towne was, in a manner all round about, being in divers places easy for a man with a Pike staffe to leap over it, and therefore there was no way in the eye of reason to preserve it, seing the Enemies intention (as wee heard) was to fall upon it, unlesse his men stayed in it, or at least the major part of them.

Whereupon he went to Col. King, and (as I remember) in Alderman Tilsons Hall, debated with him his positive command, and with much a doe prevailed that himselfe and a great part of his Soaldiers should stay to defend the Town, and my selfe being left by Col. King, with the consent of the Major and Aldermen, to take care of the towne, I went to Major Frankling, and desired him to go with me to Colonell King, to know what Amunition he had in his Magazine, who assured us upon his reputation, that he had a hundred barrels of powder, and all things fitting besides, and therefore bid us take no care for Ammunition and, being very busie in sending away men, guns, &c. to the intended leaguer of Crowland.

I did not go to the Magazine, to see whether be had told us truth or no, he having taken a quantity of powder with him, and another sent him, he sends his warrant to the Magazine Keeper, for ten barrels more, nor signifying one word of his mind to me, who was then betrusted with the Towne, upon the reciet of which old Mr. Coney the Magazine keeper, came and told me that he had received an order from the Colonell, to send him ten barrels of powder, and saith he what shall I doe, for there is but ten barrels in all in the Magazine.

At the hearing of which I stood amazed, and could him it could not be possible, for (said I) such a day I went to the Colonell with Major Frankling, and he did assure us that he had 100. barrels in store, but Mr. Coney assured me, that there was not one more then 10, the which if wee send to him, there is none to keep their guards (saith he) I asked him if there were not a private store-house for powder, and he told me none at all, then we began to reckon how many barrels were gone out, since he assured Major Frankling and my selfe that he had 100 in store, and all that both the Magazine Keeper, and my selfe could reckon, with those 10 in his hands, and all he had since that day delivered out was (as I remember) 24 or 26:

Whereupon I went to Alderman Tilsons, and asked him whether the Major, himselfe, and the rest of his Brethren, had not a private Magazine, and he told me no, but asked me wherefore I demanded such a question of him, whereupon I could him all the story, &illegible; which he stood amazed, and from him I went to Colonell Kings wise, and desired to know of her, whether shee knew of any private Magazine of powder that her husband had, and shee told me no.

Then I told her all the businesse, and said to her, that I wondred her Husband should assure Major Frankling and my selfe, that he had 100 barreles of powder, when he had but 28, and that he should send for all that he had left, out of the Garison, assuring her that if the ten barrels he had sent for, should be sent him, we should not have one left in the Magazine to defend the Towne with, being then in expectation of the Enemy to Assault us, I told her for my part I could not pick out the English of it.

And I being by the Generall sent post to London to the Committee of both Kingdome, about his marching to take Lincolne againe, and from thence to march to York, to joyne with the Scots, I in the third place ceased not to put that (which lay upon me as a duty) forwards, as soone as an opportunity served, and renewed my complaint against him at Lincolne, and desired it might receive a faire hearing before the Generall and a Counsell of Warre, and that justice might be done according to the rules of Warre, and Mr. Archer and others of the Committee of Lincolne, drew up a very bainous charge against King, and laboured hard for a triall, and in the third place the Major, Aldermen, and towne Clerke, of Boston, came to Lincolne with their Articles against him, which were home enough, and to my knowledge pressed Leu. Gen. Cromwell, to use all his interest in my Lord, that they might be admitted to make them good, before him, and a Counsell of warre, but we could not all prevaile, the reason of which I am not able to render, vnlesse it were that his two Chaplains &illegible; and Garter, prevailed with the Earles two Chaplaint, Mr. Ash and Good, to cast a cleargy mist over their Lords eyes, that he should not be able to see any deformity in Colonell King, but this I dare confidently say, if there we had, had but faire play, and justice impartially, King had at surely dyed, at ever malifactor in England did, and to use the words once againe of his owne bosome friend, and Counseller, Mr. Prince, in page the 6 of the fore cited book, if the late Baron of Graystock, who was a Lord, and one of the &illegible; of the Realme, and had taken upon him safely to keep to the a foresaid Grandfather (King of England) the towne of Barwick: The said Barron perceiving afterward, that the said Grandfather, addressed himselfe to ride into France, the said Barron (without command of the said Granfather) committed the said towne of Barwick to a valiant Esquire Robert Deogle, as Leiu. to the said Barron, for to keep safe the towne of Barwick to the said Grandfather, and the said Barron went as an horse-man to the said parts of France, to the said Grandfather, and there remained in his company. Daring which time an assault of warre, was made upon the said Towne of Barwick, by the said Scott, and the said Robert as Leiu. to the said Barron, valiantly defended the same, and at last by such forceable assaultes, the said Towne was taken upon the said Robert, and two of the sonnes of the said Robert there staine in the defence of the same, notwithstanding that the said Barron himselfe, had taken upon him the safeguard of the said Towne, to the said Grandfather, and departed himselfe without command of the said Grandfather, and the said towne of Barwick lost, in the absence of the Barron, he being in the company of the said Grandfather, in the parts of France, is aforesaid, It was adjudged in Parliament, before his Peares, that the said Towne was lost, in default of the said Barron, and for this cause he had judgment of life, and member, and that he should forfeit all that he had. I say if this Lord, deserved to dye who left a Deputy so manfully to defend the Towne, and also was himselfe with the King in the service, much more King, meerly in reference to Crowland singly, who being Governer thereof, and having placed Captaine Cony therein as his Deputy, with a company of men, sent for him in a brave to humour to Newwarke, when he had no urgent necessity for him, unlesse it were that the world might see the bravery of his Regiment, wch by his agumentation imounted to about 1400, when Cap. Cony certified him, that the Towne being generally Malignant &c would be in great danger by the Beverkers of being lost if he should come away, yet notwithstanding King sent to him againe, and did command him away, and put in a guard of slander and unlase men, which presiged alosse of it to the Committee residing in Holland, upon which they acquainted &illegible; Gennerall; &illegible; then Deputy, Governour of the Ile of Ely, and &illegible; &illegible; him to send a strong guard to preserue and keep it, and he accordingly sent (as I remember) Captaine Underwood, astout man with about a 100 souldiers &c. of which when King heard, he was exceding mad, and did write a most imperious bitter letter, to command them out of his Jurisdiction, where upon they were necessitated to depart, and leave Crowland to his owne slender and &illegible; guard, by meanes of which, within a little while after the Enemy had advantage to supprise that Towne without oposition or difficulty, and did it, so that to speake in the words of the Articles remaining in Parliament against him, he betrayed that Towne, which was not &illegible; without much hazzord and losse, the expence of a prear deal of treasure and many mens lives, the blood of all which &illegible; upon his head, for the lesse of which alone (&illegible; his treachery both to the state universall and representative) he ought to dye without mercy, by the Morall and undispensable Law of God, made long before that ever the Jewes were a Nation, or had any Ceremoniall Law given unto them, which Law is expressed in Gen 9 5, 6. where God speaking to Noah and his sons, saith thus: “And surely your blood of your &illegible; will I require: at the hand of every beall will I require it, and at the hand of man: at the hand of every mans brother will I require the life of man.

Who so shed &illegible; &illegible; by man shall his blood be shed, for in the Iueage of God made be man, reade Revel. 13. 10. But King, though his owne hands did not murder the souldiers that lost their lives in taking it in againe, yet he was the true fountaine and cause wherefore their blood was shed, Deut. 22. 8. Judg. 9. 24. 2. Sam. 12. 9. having apparently, by his wilfulnesse and treachery, lost the Towne; and therefore, wilfull blood being upon his &illegible; he ought to make a legall satisfaction, and &illegible; by his owne blood: I wish with all my soul: the Parliament (your Lordship, and all the rest of the Judges of this Kingdome) would seriously consider and ponder upon this unrepealable law of God, that so wilfull murderert and blood thirsty men might not escape the hands of Justice, and so bring wrath from God upon the whole Kingdome, Gen. 4. 10, 11, 12. Deut. 19. 10. Pial. 206. 38. Jer. 7. 5, 6. and 19. 2. 4. Lament 4. 13, 14. &illegible; 4. 2, 3. Joel 3. 19. &illegible; 2. 8. which cannot be expiared but by the blood of him that shed it, &illegible; 35. 33. Deut. 19. 12, 13. &illegible; Sam. 4. 11, 12, 1 King. 1. 5. 6. 31, 32, 33. and 21. 19. and 2 King. 9. 7. 8, 9, 10. 36. 33. and Chap. 14. 2, 3, 4. but especially that you would thinke upon the grand Murtherer of England (for by this impartiall Law of God there is no exemption of Kings, Princes, Dukes, Earles, Barons, Judges, or Gentlemen, more then of Fisher-men, Coblers, Tinkers, and Chimney-sweepers) upon whose shoulders all the innocent blood that hath in such abundance been shed in this Kingdome, &c. Iyes, for which reckoning I am sure the score is not acquitted in the account of God, nor ought it not to be in the account of man, For if the innocent and righteous blood of our Abel, cry’d so loud for vengeance in the eares of God, against Cain, that God cursed him and all he went about: How much more will the blood of thousands, and ten thousands of innocent persons, that hath been lately shed in England, cry loud in the eares of God, for wrath and vengeance against those that have been the true &illegible; and cause of it, for shed it is, and upon some body the guilt of it lyes; and therefore it is but a solly and madnesse, for the King, Parliament, or People, to talke of peace, all inquisition be made for Englands innocent blood, and Justice done upon the guilty, and wilfull &illegible; of it, for besides the Law of God in Gen. 9 he saith plainly, Numb. 35. 31. That there shall no satisfaction be taken for the life of a murtheres, but that he shall surely be put to death, and in vers. 33. God declares that the shedding-innocent blood &illegible; and polluteth a Land, and that, that cannot be cleased of the blood that is shed therein, but by the blood of him that shed it, and for the innocent blood that &illegible; &illegible; in Jesus &illegible; (although a King) God sent bands of the Caldeans, Syrians, Moathies, and Ammonites to destroy Judah, an remove them out of his sight, for the sinnes of &illegible; their King, and for the innocent blood that he had shed, (which the text saith) The Lord would not pardon, 2 King. 24. 2, 3, 4. “Yea, and because Saul (though a King) slaw some of the &illegible; contrary to the Covenant made with them, God sent afamine upon all Israel for three yeares, for that very innocent blood shed by the King, and there was no expiation, or satisfaction to be made therefore, but by the blood of him that had shed it; and therefore because he himselfe was dead and his blood could not be had, seven of his sons (of his owne blood) must and was hanged up to make satisfactions therefore, Saw. 2. 21. 1, 2, 3, 4. to the 9.

My Lord, the unsufferable provocation of Colonell King, forceth me to present these lines unto you, and I doubt not, but these will tend to his long deserved ruine; and therefore to speake in the words of his friend Mr. Prinne, in a case of the like nature “It is the just hand of God, many times so farre to dementate the very wisest politirians, as to make themselves the principall contrivers of their owne infamy and ruine: for his Knavery, lying in a hole as it were, now he hath by his awesting mee, and bringing me before your Lordship (who I conceive have nothing to do with the businesse, being it is dependant in Parliament the supream Court of the Kingdome,) necessitated me to publish the whole state of the businesse betwixt him and me to the view of the world, because at your Barre I cannot make a plea at large to the whole &illegible; of the Articles, but must be tyed up, as I am told, to a single plea, that is to say, to plead either guilty, or not guilty, unto which I cannot without snares yeeld unto, besides I must, as I am told, plead at your Barre by Serjeants at Law, none of which I know, and therefore will not trust them, come ruine and destruction, and whatever will of me. Againe, my Lord, I must there be tryed by a Jury that neither knowes mee, nor I them, nor knowes any of Kings habituated knavery, nor understands any thing of Martiall Law, the only rule to try him and me in this case, and that which is &illegible; of all, they are chosen (as I am told) by the under Sheriff, of which kind of creatures I never heard any great commendation for their honesty, but have heard of much judging and packing betwixt them and such kind of crafty and large conscioned fellowes, as my Adversary King the Lawyer is, Againe, my Lord, that which is the greatest mischiefe of all, and the oppressing bondage of England ever since the Norman yoke, is this, I must be tryed before you by a Law (called the Common Law) that I know not, nor I thinke no man else, neither do I know where to find it, or reade it, and how I can in such a case be punished by it, I know not: For, my Lord, I have been with divers Lawyers about this very businesse, I cannot find two of them of one mind, or that can plainly describe unto &illegible; what is the way of your goings; so that I professe I am in the darke amongst briers and thornes, and fast in a trap by the heeles, and enemies round about me ready to destroy me, if I be not very wary with my tongue and which way to get out, or how, or to whom to call to for help I know not, for such an unfathomable gulfe have I by a little &illegible; found, the Law practises in Westminster Hall to be, that seriously I thinke there is neither end nor bottom of them, so many uncertainties, formalities, puntillo’s, and that which is worse, all the entryes and proceedings in Latine, a language I understand not, nor one of a thousand of my native Country men, so that my Lord, when I read the Scripture, and the House of Commons late &illegible; Declaration, it makes me thinke that the practizes in the Courts at Westminster, flow not from God nor his Law, nor the law of Nature and reason, no nor yet from the understanding of any righteous, just or honest men, but from the Devill, and the will of Tyrants.

First my Lord, the House of Commons declaration April 17. 1646 tels me, that their intentions are not to change the ancient frame of Government within this Kingdome, but to obtaine the end of the Primitive institution of all Government, the safty and weale of the people, (atmost goulden saying) but I am sure it cannot be for the peoples safety, nor welfare, to have their lives, liberties, and estates, Judged by a laws the &illegible; and proceedings of which are in Latine, and so without there understanding, there cases in Heathen Greeke or Pedlers French, and so beyond their knowledg, and man of their rules in the orracles of Judges breasts, whose Judgments many times have been destructive to the lives liberties and estates, of all the free men of England, witnesse there late Judgment in shipmoney &c. neiteer are such practices agreeable to the Ancient constitutions of Kingdoms.

And secondly when God gives his law unto the sonnes of men, he doth it plainly, without ambiguous termes, and in their &illegible; language, as first for Adam, the law God gaue him was plaine and short, with a declared penalty annexed unto it, Gen. 2. 16. 17. And the Lord God commanded the man, saying, of every tree of the Garden thou mayest freely care. But of the tree of the knowledge of good and evil, thou shalt not eat of it, for in the day thou eatest thereof, thou shalt surely die. And his law in the 9. of Gen. about murther is as plaine as this, for who so sheadeth mans blood (saith he) by man shall his blood be shed, for in the Image of God made he man, and so likewise when God comes to give a law unto &illegible; as a nation, yea and that law which we call the Morrall law, and observe as binding to us to this day, he doth it in plaine words, without ambiguous or doubtfull &illegible; short and in their owne tongue Exo. 20 and that the people might be at a certaintie, Moses as his Minister, and officer, writ, and reade it in the audience of the people, unto which they &illegible; their consent, Exo. 24. 4. 6. and after that God writ them himselfe with his finger, and delivered them to Moses. that so the people might be taught them, Exo. 24. 12. & 31. 18. and chap. 34. yea, and in this plainnesse, was all the &illegible; God &illegible; unto them, which he did not only barely take, and so let the people goe seeke them where they could find them, but he also with Majestie, proclaimes them openly and as if that were not enough, that so they might know the Law and not in the least plead ignorance of it, Moses declares it to them againe, and againe Deu. 5. & chap. 6. & chap. 9. & 11. Yea and commands them to reach their Children, and to speak of them, when they sit in their house, and when they go abroad, and when they &illegible; downe, and rise up. yea and that they should &illegible; them upon the posts of their houses, and up in their gates Deu. 11. 19. 20. yea and that they should write them very plainly Dent. 27. 8. and the reason is because the just God hath done, and will doe just and righteous things, and will not be so unjust as to punnish men for &illegible; a law they know not, and therefore saith Moses to Israel in the behalfe of the just God, and his law, Its not hidden from thee, neither is it farre off It is not in Heaven, that thou shouldest; say who shall go up for us to Heaven, and bring it unto us, that wee may heare it, and doe it; neither is it beyond the Sea, that thou shouldest say, who shall go over the Sea for us, and bring it unto us, that wee may heare it, and doe it: But the word is very high unto thee, in thy mouth, and in thy heart, that thou must doe it, so (saith he) I have set before thee this day &illegible; and good, death and evill &illegible; 30. 11. 12. 13, 14. 19. yea and that the generations to come, might not think that God dealt &illegible; with them, in exacting obedience from them, who lived nor in Moses &illegible; to heare the Law so sollemoly &illegible; he delivers it a stnading Law (in future generations) unto the Priests Elders, and people, that at the end of every seaven Yeares, in the solemnity of the yeare of release, in the feast of Tabernacles: When all I shall is com to appeare before the Lord thy God, in the place which he shall choose: Thou shalt read this Law before all Israell in their &illegible; Gather the people together, men and women, and children, and thy stranger that is within thy &illegible; that they may heare, and that they may learne, & feare the Lord your God, and observe to doe al the words of this Law: And that their Children which have not knowne any thing, may &illegible; and learne to feare the Lord your God, as long as you live, Deut. 31. 9. 10. 11. 12. 13. So wee see how just and exact God is to the people, in giving them a short, plain and easie to be understood Law, in their owne tongue, and not in the language of strangers, and what care be takes to have it published and taught unto the people.

But if wee will but impartially read our English histories, wee shall clearely find, that the tedious, unknowne, and impossible to be understood, common law practises in Westminster Hill, came in by the will of a Tyrant, namly William the Conquerer, who by his sword conquered this Kingdome, and professed he had it from none but God and his sword Danniel 42. subdued their honest and just law (Speed 424.) cummonly called the law of Edward the Confess and as Daniel saith fol. 44. set up new termes, new constitutions, new formes of pleas, new offices, and Courts, and that whereas (saith he fol. 46) before the causes of the Kingdome were determined in every Shire, and by Law of King Edwad se. all matters in question should upon especiall penalty, with out further deferment, be finally deculed in their Gemore or conventions held monthly an every hundred, he ordained, that fower times in the yeare for certain dayes, the same businesse should be determined in such place as he would appoint, where he constituted Judges to attend for that purpose, and others from whom, as from the be some of the Prince, all litigators should have justice, and from whom was no appeale, and made his Judges (saith Martin in his history folo 5.) follow his Court upon all removes, which tired out the English Nation, with extreordinary troubles and excessive charges in the prosecution of their suites in Law, and saith fol 4. he also enacted, and established strait and severe Lawes, and published them in his owne language (as all the practizes of the Law, and all petitions and businesse of the court were) by meanes whereof many (who were of great estate, and of much worth) tough ignorance did transgresse, and their smalest offences, were gerat enough to intitle the Conquerour to the lands, and riches which they did possesset all which heseized on and tooke from them without remorse.

And although the agrieved Lords, and sad People of England, humbly petitioned him, that according to his oath (twice formerly taken) that he would restore them the Lawes of St Edward, under which they were born and bred, and not adde unto all the rest of their misery, to deliver them up to be judged by a strange Law they understood not, whose importunity so faire prevailed with him, that he tooke his oath the third time, to preserve their Lawes, and liberties, but like a prejur’d Tyrant, never observed any of his oaths, and the same (saith Danul Fol. 43.) did Henry the first, Henry “the second, and King Iohn. &c. and yet notwithstanding these followed (saith he) a great innovation, both in the Lawes and Government of England, so that this seems rather to be done to acquit the People, with the show of the continuation of their ancient Customes and Liberties, then that they enjoyed them in effect. For the little conformity between them of former times, and these that followed upon this change of State, and though there may be some veines issuing from former originals, yet the main stream of our Common law, with the practice thereof, flowed out of Normandy, notwithstanding all objections can be made to the counary, and therefore I say it came from the Will of a Tyrant.

But it may be objected, that the Law it selfe, is not now either in French or Latine, and therefore not so bad as you would make it.

I shall answer in the words of Daniel, Follio 251. That it is true, upon the Petition of the Commons to Edward the third, He caused Pleas which before were in French, to be &illegible; in English, that the Subjects might understand the Law by which he houlds what he hath, and is to know what he doth, a blessed Act, and worthy so great a King; If he could thereby have rendred the same also perspicuous, it had been a worke of eternall honour, but &illegible; (&illegible; he) is the Fate of Law, that in what language soever it speaks, it never speaks plain, but is wrapt up in such difficulties and misteries, (as all &illegible; of profit are) as it gives more afliction to the People, then it doth remedy, & therefore when Magna Charta, after many a bloudy &illegible; and the purchase of many hundred thousands of pounds, was obtained and confirmed by Edward the first, in the 27. year of his Raign, divers Patrons of their Country, as Sir Edvvard Cook. in his Proom before the second part of his &illegible; declares, that after the making of Magna Charta, &c. divers learned men in the Lawes, (that I may use the words of the Record) kept Schooles of the Law in the &illegible; of London, and taught such as resorted to them, the Lawe, of the Realm, taking their foundation from Magna Charta, and Charta de Forrestis, which the King sought to impeach, and therefore, in the 19th yeare of his Raign, by his Writ, commanded the &illegible; and Sheriffes of London, to suppresse all such Schooles, under great penalties, (such &illegible; are Tyrants, to the Peoples knowledge & understanding of their Lawes and Liberties, that so they may rule by their wils and pleasures, for the impugning and &illegible; of which &c. this wicked and leud King, was dis-throned, at the doing of which, he confessed, that he had been mis-guided, and done many things &illegible; of now (too late) &illegible; repented, which if be were to govern again, be would become a new man, and was most sorrowfull to have offended the State, as it should thus utterly reject him, but yet gave them thanks that they were so gracious unto him, as to elect his eldest sount for King.

And Henry the third in the 7. 8th yeares of his Raigne confirmed the great Charter, which notwithstanding he continually broke them, and fetcht over the Poictonians, by the advice of his evill Councell, to over-awe his People, and &illegible; late their Liberties, wherefore his Nobles &c. sent him expresse word, That unlesse he would omend his doings they would expell him and his evil Counceltors out of the Lord, and deal for the creation of a new King, Daniel. Fol. 154.

But I desire not to be mis-understood, for in the harshnes of my expressions against the Common Law, I put (to J conceive) a cleare distinction of it, from the Statute Law, which though there be many faults in it, as I could easily show, yet I desire not here to say any greater evill of it then this, that the 28, 29. Chap. of Magna Charta, the Petition of Regir., and the late Act for &illegible; the Star-Chamber, are gallant Lawes, and &illegible; I can find in the whole vollnmnious Booke of &illegible; for in my apprehension they &illegible; &illegible; short, in a sufficiently providing for that which lately the Honourable House of Commons saith is the end of all Government, (the safety and weale of the People, so in my judgement, they do not positively and legally hold out a sufficient security to hedge &illegible; to keepe in peace and to preserve the splendor and glory of that underived &illegible; and King ship, that inherently resides in the People. or the State universall, (the representation or derivation of which, is formally and legally in the State &illegible; &illegible; and none &illegible; (whose actions ought all to tend to that end) against &illegible; &illegible; usurpations, and violence of all it’s creatures, officers and Ministers, &illegible; the number of which are Kings themselves, from whom, and for whome they have all their Power and authority, as the executions of their will and mind, for their good and benefit, to whom they are accountable for the faithfull discharge of that trust reposed in them, as not onely Scripture, but nature and reason, dothfully prove, yea, and our own writers, especially the late Observator, and Mr. Prinne, in his Soveraign power of Parliaments, and Kingdomes, printed by speciall authority from the house of Commons.

1. Although Magna Charta be commonly called the English mans inheritance, because it is the best in that kind he hath, and which was purchased with so much brave English bloud, and money, by our fore-fathers, before they could wring it out of the hands of their tiranicall Kings (the successours of William the Conquerer) as I have largely elsewhere clearly manifested, yet alas in my aprehension, it falles short of Edward the Consissours lawes, which the Conquerer rob’d England of, and in stead of them, set up the dictates of his own will, whose Norman rules, and practizes to this day yet remaines in the administrations of the Common Law at Westminster Hall, by reason &illegible; their rediousnesse, ambiguities, uncertainties, the entryes in Lattine (as bed as the French) because it is not our own tongue, their forcing men to plead by Lawyers, and not permitting themselves to plead their own causes, their compelling of persons to come from all places of the Kingdome, to seeke for justice at Westminster, which is such an iron Norman Yoke, with fangs and teeth in it, that if wee were free in every particular elce, that our hearts can thinke of, yet were we slaves by this alone, the burthen of which singly, will pierce and gail our shouldiers, and make us bow and stoop to the ground, ready to be made a prey, not onely by great men, but even by every cunning sharking knave.

O therefore that your Lordshp would desire and solicite our honourable Parliament, according to the late Declaration, forever to annihilate this Norman innovation, and reduce us back to that part of the ancient frame of government in this Kingdome. before the Conquers dayes, and that wee may have all causes and differences decided in the County, or Hundred, where they are committed, or do arise, without any appeal but to a Parliament, and that they may monthly be Iudged by twelve men, of free and honest condition, chosen by themselves, with their grave or chiefe Officer amongst them, and that they may sweare to judge every mans cause eright, without Feare, Favour, or affection, and then farewell jangling Lawyers, the wild-fire destroyers, and bone of all just, rationall, & right governed Common-wealths; and for the faciliating of this worke, and the prevention of Frauds, I shall onely &illegible; of Mr. Iohn Cooks words a Lawyer of Grayes Inne, in the 66. page of his late published Booke called a vindication of the proffessors, and presession of the Law, where he prescribes a ready remedy against frauds, which is that there might be a publique Office in every County, to register all Leases made for any Land, in that County and also all Conveiances whatsoever, and all charges upon the Lands, & all Bonds, and Contracts of any valles, for (saith he) it is a &illegible; matter, to findout all Recognizances, Iudgements, extents, and other charges, and too chargeable for the Subject) that for 12d. or some such small matter, might know in whom the interest of Land remaines, and what incumbrances lye upon it, and every estate or charge not entred there to be void in Law, and that the country have &illegible; chusing of the Registers in their respective Counties once a yeare, upon a fixed day, and that they have plain rules &illegible; &illegible;, made by the authority of Parliament, and severe penalties nocted for the transgressing them.

My Lord, I hope you will not be offended at me for my plainesse, especially if you consider the necessities laid upon me, for I professe really, I am not able to imagine any other remedy for my preservation but this, (having had my Petition about this businesse, above a month in divers of my friends hands in the House of Commons, but cannot get it read.

And having contested this 7. yeares, with all sorts, and kind of persons, that would destroy me, and having often been in the field, amongst Ballets and Swords, to maintain the Common Liberties and Freedomes of England, against all the traytorly oppugners thereof, and having by the goodnesse of my God, escaped many dangers and death, and being in my own apprehension, ready to be ruinated and destroyed, by a weapon, inferior to a Taylors Bodkin, (namely) a Formallity, or Puntillo in the Law, it hath ronzed up my spirits, to charge it with a Souldiers pure resolution, in a new and unwonted manner, being necessitated to cast all care behind me, and say unto myselfe, that as hitherto I have not lived by any mans favour and grace, so, for my own safety, I will now be affraid of no mans indignation or displeasure, cost what it will, and if J perish, I perish.

2. &illegible; your Lordship, or any other great man, be moved with choller or indignation against me, (as I desire you may not) and shall, endeavour to doe me a mischiefe, for this my plain, dealing, I hope I shall be kept out of danger, by the authority of the Parliaments own Declarations, but especially by those words of theirs, in their exhortation to men to take their Covenant, which are thus.

And as for those Cleargy men, who pretend, that they (above all others) can not Covenant to extirpate Episcopall Government, because they have (as they say) taken a solemne hath to obey the Bishops, in lieitis & honestis, they can tell and if they please, that they that have sworn obedience to the Lawes of the Land, are not thereby prohibited from endeavouring by all lawfull we &illegible; the abolition of those Lawes, when they prove inconvenicue &illegible; mischievous &c.

And I am confident, that if J fall into the hands of those that made the Covenant, (who are the firtest interpreters of it) I shall doe well enough; But from the Sect of the Adamites, that would have no man live in England that are honester then themselves, and from the late London Remonstrators, that would have all men disfranchized (although never so honest) that are not of their minds, and Judgements, and who doe, and would rob the representative body of all the Commons of England, of their Legislative power, and from the Executors of strange and unknown Lawes, which destroy and undoe men, (though never so upright) by formallities and puntillo’s, good Lord &illegible;

Your Lordships Servant, and a true bred Englishman,

JOHN LILBVRNE.

The forementioned Petition thus followes,

To the Right Honourable, the Representative Body of the Commons. OF ENGLAND: In Parliament assembled. The humble Petition of Lievt. Col. Iohn Lilbvrne,

Sheweth,

THat upon the differences betwixt the King, and Parliament, the Commons of England, for the defence and preservation of their Lawes and just Liberties, by authority of Parliament were necessitated to take up Armes, for the suppression of the Forces raysed by the King. In this Warre against the Parliament, the Forces raysed by the King. In this Warre against the Parliament, the Forces raysed in the Eastern Association, were committed and entrusted under the command of the Earle of Manchester, as Major Generall there, from whom your Petitioner had a Commission to be Major to Col. King, and particular instructions, and private directions, from Lievt. Gen. Crumwel, to take and give unto them, or one of them, (upon all occasions) Information, and Intelligence, of the State and condicion of Liccoln-Shire, under the command of the said Colonel King, and of the cariage and, behaviour of the said Col. King, towards the Country, and Souldiery, and how he discharged his place and trust. Which your Petitioner with all faithfulnesse and diligence did accordingly, to his extraordinary expences, not neglecting any advantage, or oportunity, which might further the publicke service, or discover the designes of the Enemy, or the said Col. Kings miscariage and neglect, of his trust and duty, the said Col. King taking upon him anunlimited and unwarrantable power destructive to the trust reposed in him.

&illegible; upon your Petitioners discovery and making known both unto the Earl, & L. Gen. Crumwel, (according to his instructions and trust reposed in him) the malignancy, insolencies, and unfaithfulnesse of the said Col. King, to the State, in the neglect of his charge, & his bad usage of the Country, to the great dis-service of the Parliament, and danger of the losse of the whole Country, (Crowland being by him betraid unto the Enemy, and was not regained, without great charge and hazard, yea; and the losse of many mens lives, the said Col. King was thereupon discharged, and put out of all his commands, and offices, (being then very many, and profitable) but was not brought to tryall for his said offences, at a Councell of Warre, which your Petitioner and others much endeavoured to have done. Whereupon Mr. Miessenden, Mr. Wolley, & divers others (Gentlemen of quality) of the Committe of Lincoln, in August 1644. exhibited to this Honourable House, severall Articles, (since printed) a Coppy whereof is hereunto annexed, against the said Col. King, thereby chargeing him with severall Treasons, Insolencies, setting up and exercising an Arbitrary, exorbitant, and unlimited power, over the Country, and Souldiery, with many other insolencies, and foule misdemeanors, all which are yet depending before this honourable House, and not yet determined, being some of them, for, or concerning the losse and surrender of Townes to the Enemies, through his treachery or negligence, and so the offence Capitall, and properly examinable, and onely tryable in Parliament, as appeares Rot. Parl. 1. Rich. 2. Nu. 38. 39. 40. Rot. Parler. Rich. 2. Num. 17. 22.

Now the said Col. King, being privie to his owne guiltinesse, and well knowing your Petitioner to be a principall witnesse for the proofe of divers of the said Articles, out of his mallice and wickednesse to your Petitioner upon a groundlesse complaint, & untrue surmises, made by him to this Honourable House, in &illegible; last, procured your Petitioner to be committed to the custody of the Serjeant at Armes, attending this honourable House, your Petitioner being thence removed to Newgate, but he, nor any other, prosecuting any charge against him, after he had lyen about 13, weakes there, he was discharged of his imprisonment by order of this House.

And the said Col. King, the more to vex, and unjustly trouble your Petitioner and to the end to take away his testimony, and deterre others from appearing against the said Col. King, upon his tryall upon the said Articles, a little before Easter Tearme last, caused your Petitioner to be arested at his own suite, upon an action of 2000l, for pretended words, alleadging by his Declaration, that your Petitioner should have said that the said Col. King was a traytor, and he gives forth in speeches, he will undoubtedly recover the same against your Petitioner, and thereby utterly ruine, him, and is indeed verry likely to doe the same, by these his sinister practizes, if by this Honourable House, your Petitioner be not relieved & protected, according to justice and equity.

Your Petitioner therefore humbly desires this Honourable House will be pleased, in regard your Petitioner hath not done or said any thing against the said Col. King, but what will be proved when he shall be brought to Tryall before this honourable House, upon the said Articles and Charge; and for that your Petitioner cannot at Law give any Plea in Bar, or justification of the words pretended to be spoken by him, untill the said Col. King be either convected, or acquitted upon his Tryall, upon the said Articles and charge, to give Order, and direction to the said Col. King, and to the Iustices of the &illegible; of Common Pleas, (where the Action dependeth) to &illegible; and no further proceed upon the said Action of 2000l. against your Petitioner. And for the good, and satisfaction of the Kingdome, and the &illegible; and vindication of your Petitioners integrity and faithfulnesse in what he hath said or done touching the premyses, to bring the said Col. King to tryall (in a Parliamentary way) that to be may receive condigne punishment for the injuries and wrongs he hath done, and wherewith he is charged in the said Articles.

And your Petitioner shall pray, &c.

Courteous Reader, if I had had roome here should have been an Errata, but the principall fault passed the Presse, in Page 14. line 16. read, which King Edward 2. for which the King.

Articles exhibited against Col. Edward King, for his insolencies and misdemenors in the County of Lincoln, to the Honourable House of Commons, in August 1644. by Mr. Mussenden, Mr. Wolley, and divers others of the Committee of Lincoln.

Imprimis, That to the great discouragement of the County, he doth openly declare, his slighting of all mens good affections to the Parliaments service, by expressing that he valueth not that men should do the Parliament service voluntarily, but that he would by his power force them to serve.

2. That he doth pay those great summes of money raysed by him out of the Country, onely to whom he pleaseth against all equity and justice, notwithstanding the Lord of Monchesters Order to the contrary.

3. That he hath publickly declared his slighting the ordnances of Parliament, & done very many tyranicall & arbitrary actions, by imprisoning divers persons at his pleasure, and exacting great sums of money, at such time when necessity could be no plea, with many other particulars.

4. When he was before Newark he sent for a Captain who kept Crowland, who obeyed his command, yet sent word to him of the danger that town was in, and therefore desired his second pleasure, which was that he should march, who accordingly did, the Gentlemen of the Country, fearing the enemy, procured Major Ireton to send a 100. Musqueriers to keep Crowland, which he hearing of took ill that without order from him any should come into his liberties & commanded them to be gone, who accordingly departed, the enemy presently surprized the town, and those few that he had lest in it, by which meanes he betrayed the town unto the enemy, which was not regained without much charge, hazard, and losse of many mens lives.

5. That he gives protections for securing both person and goods, to those who are professed enemies to the Parlament.

6. That he imployeth such officers, as are altogether unfit for the Countryes service.

7. That he doth most grossely and unworthily affront and abuse the wel-affected Gentry of the Country.

8. That he doth encourage desperate Malignants, and animateth them against the wel-affected.

9. That he & his officers have imprisoned men wel-affected to the Parliament, and caused their houses, chests, trunks, &c. to be searched for pewter, brasse, & linnen, and threatned that they would make it cost one of them his whole estate, and that one of his officer, would not take three hundrd pounds for his own satisfaction.

10. That at the &illegible; before Newark such provision as the country had voluntarily and freely sent in to Col. Kings quarters at &illegible; for the maintenance of the souldiers, his officers would not deliver without money, although they had not pay, to the extream oppression and discouragement of the Country.

11. That he sent three warrants to Capt. &illegible; at &illegible; to take away a great quantity of Wooll which was bought by Mr Rawson one of the Committee, and paid for with his own money, and so the said Rawson is likely to lose his estate, although he hath been a sufferer both for Church and common wealth this twenty yeares, and hath &illegible; him a malignant, both in his words and letters, as much as in him did lye.

12. That when the enemy took Grantham, they being &illegible; from one part of the town, wheeled about to fall upon the other side, or a place cal’d the Spittle-gate, which &illegible; being then Major of the town perceiving, commanded Col. King, being then &illegible; of a Company thereto match with his Company to defend that place, Col. King answered, that be scorned to be commanded by him, and rather then he would be commanded by him, he would take his company and let the enemy into the town, and he delayed so long, before he would go, that the enemy was entred at the said Port, before he came thither, by which meanes he betrayed that town.

13. That when Commissary Iames had brought in certain sheep from a malignant for the reliefe of the fiedge at Newarke, being then in great want, Col. King caused the the said sheep to be restored to the malignant, and told the Commisary that he deserved to be hanged, with divers other threatning and reviling speeches; notwithstanding he had order from Sir John Meldrum and the Committee for the taking of them.

14. That Colonel King having promised the Lord of Manchester to raise a great number of Horse and Foot, the said Col. King, as did appeare, not knowing how to rayse so great a number, did to the great discouragement of the Country, take this course; in the first place he cashiered Major Syler, with him three hundred Voluntiers, which served on their own charge, who with the townsmen had alwaies defended the town of Boston, that he might press them to serve under him for pay; And secondly, he did sieze upon & detain four or five of the Foot Companies belonging to the Lord Willoughby and did cashiere some of the Captaines, because they refused to forsake my Lord to serve under him.

15. That the Troopes of Colonel Crumwel, which were lost at Coleby and Waddington were treacherously or ignorantly betrayed by Colonel King.

16. That to the great discouragement of the Country, he doth oppose and quarrell, with such as have been most serviceable to the Country, and such in whom the power of Religion is most eminent (viz) L. G. Crumwel, Mr Ram and others, & that he imprisoned divers other very godly men, and that for exercising the very power of godlinesse, which he did in a very vile manner, and still continueth an utter enemy &illegible; men, as namely, L. C. Berry, Major Lilburne, Capt. Cambridge, and others.

17. That to the great discontent and discouragement of the Country, he and his Officers did quarrell with, & slight the Committee at Lincoln, which was setled by ordnance of Parl. who were men of the best estates, quallity & integrity, and such as were especially commanded to serve the Country, and publickly villifying them and their actions, and assuming their power without any authority.

18. That before this War began, he was an open and publick scoffer of religious men.

19. That he is a man of a turbulent & factious spirit, of mean condition & estate for so absolute a command, that he hath received vast sums of money, amounting to about 20000l. much of which he hath levied in an illegall and obscure way, and issued out accordingly for which it is desired he may give a speedy accompt, & likewise of the rest of his actions.

20. That in a factious & seditious manner he did employ some Agents to deliver &illegible; Ribbonds to such as would stand for him, and &illegible; themselves his friends, to the great terrour and discontent of the Country, and the hazard of raysing a dangerous mutinie.

21. That he kept about twenty men to wait on him, whom he called his Life guard, to whom he gave extraordinary pay though they were exempted from all duty, except it were to wayt upon him, advance his reputation and awe and affright the Country.

22. That he did awe and gain the Country wholly after him, and that he might with better colour &illegible; falsly stiling himselfe Lievtennent Generall of the County of Lincoln.

FINJS.

 

 


10.7. John Lilburne, An Anatomy of the Lords Tyranny (6 November, 1646)

Bibliographical Information

Full title

John Lilburne, An Anatomy of the Lords Tyranny and iniustice exercised upon Lieu. Col. Iohn Lilburne, now a prisoner in the Tower of London. Delivered in a speech by him, Novem. 6. 1646. before the honorable Committee of the House of Commons, appointed to consider of the priviledges of the Commons of England: The originall Copy of which, he in obedience to the order and command of the said Committee, delivered in writing to the hands of Col. Henry Martin, Chairm-man of the said Committee: Nov. 9. 1646 and now published to the view of all the Commons of England, for their information, & knowledge of their Liberties and Priviledges.

Estimated date of publication

6 November, 1646.

Thomason Tracts Catalog information

TT1, p. 473; E. 362. (6.)

LWV

T.81 [1646.11.06] (10.7) John Lilburne, An Anatomy of the Lords Tyranny (6 November, 1646).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

MAY it please this Honorable Committee, I had a hearing before you upon Tuesday the 27, of October last, and then I truly acquainted you with the manner of the Lords first sending for me to their Barre, by order of the 10. June, 1646. to answer a charge there. I acquainted you truly, what passed betwixt their messenger & my self, & also what was said to me at their Bar, and how that for no misbehaviour, or any other cause, saving my exhibiting to them my Protest, and refusing to answer illegall Interrogatories: they, the 11. of June, 1646. committed mee to Newgate: and how that upon the 16. of June, 1646. I sent my appeale to the Honorable House of Commons; which was accepted of, And the last time I was before you, I was reading the second Warrant of the Lords to bring me the second time to their Barre: In the midst of which you were called away; and therefore for what then passed, I shall referre you, Mr. Martin, to your own Notes, and my Papers delivered in to you; but especially to my printed relation of their first proceedings with me, which you have.

And now I shall humbly desire liberty methodically to goe on: And as to me it appeares, the Lords taking notice that I had appealed to your House (their indignation being thereby increased;) sent a warrant the 22. of June, 1646. to the Keeper of Newgate, in these words:

Ordered by the Lords in Parliament assembled, that Lieutenant Colonell John Lilburne, now a prisoner in Newgate, shall be brought before their Lordships (in the high Court of Parliament) to morrow snarning by 10. of the clock. And this to be a sufficient Warrant in that behalfe.

John Brown Cler. Parl.

And I being in bed, was by my Keeper about 10, a clock at night, certified, that such a Warrant was come to carry me in the morning to the Lords Barre: I rose betimes and went, and spoke with Brisco the Clerk of Newgate, and my Keepers Master, and told him, the Lords had no power nor jurisdiction over me by law: and therefore I told him, I neither could nor would give my consent to goe up to them. And then he told me, he would force me. Whereupon I went up to my chamber, and locked my door, and writ a Letter to Mr. Wollastone, the chiefe Keeper under the Sheriffes of London: And in his absence, my wife and a friend carried it to the Sheriffes, then at Guild-Hall with the Court of Aldermen, and delivered it and my appeale, &c. to them; who, as they conceive, amongst themselves, read it. But for any thing I know, ordered Brisco to make a forcible entry upon my lodging: for hee came up, and broke my Chamber-wall, and by force carried me down, and put me in a Coach, which carried me to the Lords. The Copy of the above-mentioned letter in print, I here present unto you.

SIR,

I This morning have seen a Warrant from the House of Lords, made yesterday, &illegible; command you to bring me this day at ten a clock before them: the warrant expresseth no cause wherefore I should dance attendance before them; neither doe I know any ground or reason wherefore I should, nor any Law that compels me thereunto: For their Lordships, sitting by vertue of Prerogative-patents, and not by election, or common consent of the people; have (as Magna Charta, and other good lawes of the land tell me,) nothing to doe to try me, or any Commoner whatsoever, in any criminall case, either for life, limb, liberty, or estate: But, contrary hereunto, as incroachers and usurpers upon my freedomes and liberties; they lately and illegally endeavoured to try me a Commoner at their Bar: for which I under my hand and seal protested to their faces against them, as violent and illegall increachers upon the rights and liberties of me, and all the Commons of England, (a copy of which, &c. I in print herewith, send you:) and at their Bar I openly appealed to my competent, proper, legall Tryers and Judges, the Commons of England assembled in Parliament, (for which their Lordships did illegally, arbitrarily, and tyrannically commit me to prison into your custody,) unto whom divers dayes agoe I sent my appeal, &c. which now remains in the hands of their Speaker, if it be not already read in the House, unto which I do, and will stand, and obey their commands.

Sir, I am a free-man of England, and therefore I am not to be used as a Slave, or Vassall, by the Lords, which they have already done, and would further doe. I also am a man of peace and quietnesse, and desire not to molest any, if I be not forced thereunto: therefore I desire you, as you tender my good, and your own; take this for answer, that I cannot, without turning traytor to my Liberties, dance attendance to their Lordships Barre: being bound in conscience, dutie to God, my selfe, mine, and my Countrey; to oppose their incroachments to the death: which by the strength of God I am resolved to doe.

Sir, you may, or cause to be exercised upon me, some force or vielence to pull and dragge me out of my Chamber, which I am resolved to maintain, as long as I can, before I will be compelled to goe before them: and therefore I desire you, in a friendly way, to bee wise and considerate before you doe that, which it may be, you can never undoe.

Sir, I am your true and faire conditioned
prisoner, if you will
be so to me.

John Lilburn.

And being in the Painted Chamber talking with Col. Francis Russel, a Member of your House; Brisco came to me, and before him told me, that the Lords had commanded, that I should not speak with any. To which I replied, Are the Lords ashamed of their cause, that they dare not venture my declaring of it to my friend? But, goe tell their Lordships from me, I understand the liberties of England better then so suddenly to be their slave, and to obey their unjust and tyrannicall commands: And therefore tell them, I will whether they will or no, talk with any man that will talk with me, till they out-strip the Bishops (who gagged me for speaking) in cruelty, by cutting out my tongue, or sowing up my lips.

And by and by I was called into their House: and being by them commanded to kneele at their Barre; I absolutely refused to doe it, unlesse they would by force compell me thereunto: which, if they did, I told them, it would bee no act of mine. And I shall (with your favour) give you one reason, which with some others, that made me I did not kneele; and it was this: I knew, by Law the Lords had no jurisdiction over me, and accordingly I had performed my duty to my selfe, &c. in protesting against them, and had appealed to your House, as the absolute legall supreame power of the Kingdome, and so) farre and by many degrees above the Lords. Now if I should have done any action that should have declared any subjection unto the power and judicature of the Lords (which my kneeling would have done,) I had not onely turned traytor thereby, to the Lawes and Liberties of England; but I had also undone all that before I had done, and deprived my selfe both of the benefit of my Protest and Appeale, and should also by my own act, have said my selfe open, justly to be sentenced, and punished by the Lords.

And upon refusall to kneele, they commanded me to withdraw, and made this Order.

Die Martis 23. Junii 1646.

ORdered by the Lords assembled in Parliament, that Iohn Lilburne shall stand committed close Prisoner, in the Prison of Newgate: and that he be not permitted to have pen, inke, or paper, and none shall have accesse unto him in any kinde, but onely his Keeper, untill this Court doth take further order.

To the Keeper of Newgate his
Deputy or Deputies.

John Brown Cler: Parliamentorum.
Exam. per. Rad,
Briscoe Cleric: de Newgate.

Now I shall humbly desire this Honourable Committee, in the first place to observe; that the Lords Warrant of the 22. June, 1646. expresseth no cause at all wherefore I should dance attendance at their Barre, and therefore illegall. 2. I also intreate this Honourable Committee to observe, that the Lords Commitment of me 23. June close Prisoner is altogether illegall, and against the Petition of Right; which is confirmed with every clause in it, by the act that abolisheth the tax of Ship-money, made this present Parliament, and as Sir Edward Cooke that learned Lawyer doth well and truly observe in the 2. part of his institutes folio. 52. there are 4. things that are required to make

1. That he or they which do commit; have lawfull authority. a Commitment lawfull, viz.

2. That their warrant or mittimus be lawfull, and that (saith he) must be in writing, under hand and Seal.

3. The cause must be contained in the warrant, as, for treason, fellony, &c. or for suspition of treason, felony, &c.

4. The warrant or mittimus containing a lawfull cause, ought to have a lawfull conclusion, viz. and him safely to keepe, untill he be delivered by law, &c. and not untill the party committing doth further order. All which 4. are wanting in this warreat; and therefore altogether illegall and unjust.

Now may it please this Committee; I was very free in my discourse with Mr. Wollaston, &c. the Keeper of Newgate, about the illegallity of this warrant, which, it may be, came to the Lords eares, and therefore within 4 or 5. dayes after, they sent a more formall warrant containing the cause of my commitment, and as Mr. Brisco could me, tooke the aforesaid warrant away, the originall copyes of all which orders are in your hands Mr. Martin, and were delivered to you upon the first examination of this businesse, about 4. moneths agoe, to which I humbly referr you.

Now may it Please you to give me leave to go on with the true relation of the barbarous and tyrannicall execution of this unjust order, by vertue of which for about 3. weeks together, I was debarred of pen, inke, or paper, and my Chamber, by Mr. Brisco, for that end, strictly searched, and my wife, councellers and friends kept from me: my wife, &c. after I was first locked up, nor being permitted to set her foote within my Chamber doore, nor permitted to come into the Prison yard, to speake with me out of my window, nor I suffered to receive from the hands of my wife, servant, or friends, either meat, drinke, money, or any other necessaries; and yet their Lordships, nor none by their order, allowing me all that time, the valew of one penny loaf to live upon, and though my wife obtained so much favour from a neighbour to speake with me out of their windowes, at the distance of about 40. or 50 yards, it being impossible for us to say any thing, but what the Jaylors if they had a minde might heare, yet such was their inhuman cruelty, that they often threatned to stop up the poore mans windowes, if he would not cease to permit my wife to look out of them, and also threatned me to boord up mine, or else if I would not forbeare, at that distance, to speake with my wife, to lay me in Newgate Prison, where as they tould me, I should neither have a possibility to speake with her or any other, which I bid them do if they durst, telling them that would be the onely way to get me my liberty; for I had some friends abrode that would then I did believe, to the purpose bestir themselves to preserve my life, which they would easily judge was then &illegible; in good earnest to be taken away by them, and therefore if any mischiefe followed they might thanke themselves, upon which they forbore executing their bitter menacies and &illegible; any further upon me.

But I beseech you further be pleased to observe the Lords guilty consciences, and their brave justice, who the most part of this time while they keepe me (thus close) (that it was absolutely impossible for me to know what they intended to do with me) they had as I am informed, 4. Lawyers at worke to frame a charge against me, viz. Mr. Serjeant Finch. Mr. Haile, Mr. Hearne, and Mr. Glover, and upon the 10. of July 1646. and not before, Mr. Serjeant Nathaniel Finch, brought in certaine Articles, by way of charge into the House of Peers against me; which you Mr. Martin have in your hand, and therefore I humbly desire they may be read; which was done.

Now Sir, before you read the sentence, I humbly intreat this Honourable Committee to give me leave to make some observation upon the charge, the first of which, that I intreate you to take notice of is, that betwixt the day of my being first summoned to answer a charge at the Lords barre, and the day that it was first brought in, or filed upon record there against me, is above 29. dayes, I being summoned the 10. of Iune 1646. and the Charge not brought in till the 10. of Iuly 1646, which is a most illegall and unjust thing in any Court whatsoever.

2. I &illegible; you observe that almost all, and the principall things layd to my charge, are pretended crimes committed, not before my being brought to their barre to answer a Charge, but afterwards, namely in the time of an unjust and provokeing imprisonment: and therefore a great injustice it is, as any can be in the world, to force a man to dance attendance at their Barre, to answer a Charge, before they have filed one against him, or have so much as the pretence of a crime to lay to his charge, and then arbitrarily and illegally to commit a man to a tyrannicall imprisonment, there by extraordinary provocations, to necessitate and force a man as it were, to commit slips and fallings, that thereby they may pick a hole in his coate, because they had none before, and then fall upon him, and destroy him: and this, in every particuler hath been the Lords dealing with me, which I humbly conceive to be the height of tyranny and injustice. Now Mr. Martin, I humbly intreate you to read the sentence, for upon the 10. Iuly, there issued out an order to bring me up againe to their barre, the next day, to heare my Charge read: which was accordingly put in execution.

Now Sir, you having read the sentence, I shall humbly crave leave, first, to make some observations upon it, and then secondly, to go on methodically with the matter of fact.

And first, I beseech you observe that the 10. Iune 1646. I was summoned to attend their Lordships in their House: and the 11. Iune 1646. I there appeared, and was then committed by them to Newgate: the 16. of the same moneth, I appealed to the Right Honourable the House of Commons as my legall and proper Iudges, who accepted, read, approved, and committed my appeale to a speciall Committee, and yet notwithstanding the 22. of the same moneth, the Lords command the Keeper of Newgate to bring me up to their barre, and there upon the 23. day I was committed close prisonet to Newgate, till the 10. Iuly 1646. at which time my Charge was brought into the Lords House and not before, which was a moneth after the first processe, or warrant issued out for me. All which proceedings (besides their not having any legall Iudicature at all over mee) are erroneous and illegall, and principally in these two points.

First, because I was summoned, before any Charge was recorded, which proceedings are point blanke against the expresse Statutes of 9. H. 3. 29. 5. E. 3. 9. 25. E. 3. 4. 28. E. 3. 3. which expresly say, that none shall be imprisoned nor put out of his free hold, nor of his franchises, nor free customs, unlesse it be by the law of the Land, which is, that none shall be taken by Petition or suggestion made to our Lord the King, or to his Councel, unlesse it be by inditement or presentment of his good and lawfull people of the same neighbourhood, where such deeds be done; in due manner; or by processe made by Writ originall at the common law, &c. which Statutes are confirmed by the petition of Right, and by the Statute for abolishing the Star-Chamber made this present Parliament.

And indeed, regularly, both in law and equity, the Declaration or bill ought to be filed or recorded, before any writ or processe ought to issue against the defendant, or party accused, either in civill or criminall causes; and the write, warrant, or processe ought to containe the matter of the declaration, bill, or petition: and this appeares cleerly in every writ (as the learned in the law informe me) set forth by the Register, and Fitzherberts natura brevium: and that every English bill either in Chancery, Exchequer, or Star-Chamber, doth pray, that processe of sub-pena be awarded against the defendant, which proves, that &illegible; orders or Warrants, ought not to be awarded or granted, against any man out of any Court of Justice whatever, till his charge be recorded against him in the same Court; and sutable to this is your own doctrine, in your own Declarations, Booke Decl. page 38, 39, 278, 845.

Secondly, I beseech you observe, that all the Lords proceedings with me, after my appeale to the honourable house of Commons, are void in Law; because, by my appeale to the proper Jurisdiction, which is only your House, the Lords are &illegible; of their Jurisdiction, or conusans of the plea, the cause being removed by the Appeale, their judgment was thereby determined, or at least suspended, being but the effect of the cause before them, till such time as the Appeal is determined; the Appeal being a supersedas to the Lords further proceeding in the same cause, and they ought not to have proceeded any further at all; but to give them as much as by any just colour or claime they can challenge, they ought not any further to have gone on, without the privity, licence, and direction of the honourable house of Commons: and therefore, all their proceedings with me, especially, since my Appeal to your honourable house, are coram non judice, and therefore void and erroneous. And I further conceive, under favour, that the Lords proceedings with me, after your House had accepted of my Appeal, is as great an affront and indignity offered to the majesty, honour, and greatnesse of your house (the absolute supream derivative power of all the Commons of England, the original and absolute fountain of all power therein) as their proceedings are unjust towards me, & destructive to the lawes and liberties of England.

Again, I beseech you observe, that in their Articles, the originall and chief supposed crime that they charge me with, is, for scandalizing the Earl of Manchester, a Peer, as they call him, of the Kingdome.

Now may it please you, to take notice, that I say, if his conscience had not been guilty, & told him, that it was possible, I might justly and groundedly have proved much more against him, then I lay to his charge in my printed Epistle to Judge Reeve, &c. hee would never have &illegible; and avoided the known law of the Kingdome, which sufficiently proves a remedy for him, in case I had scandalized him: as appeares by the &illegible; of 3. E. 1, 33. 37. E. 3. &illegible; 38. E. 3. 9. 42, E. 3. 3. 2. R. 2. 5. 12. R. 2. 11. 17. R. 2. 16. which expresly command, that if any man scandalize any of the great men of the kingdome he shall be taken, and kept in custody, or put in security, till he prove what he saith; and in case he cannot; then he shall incur the same pain that the other should have had, if he were attainted: and that &illegible; of the law he made against them without being taken and imprisoned against the great Charter, and other statutes; but his leaving the common common and just road of the kingdom, that sufficiently provides for his reparation, if innocent, argues his knowledge of his owne guilt, or else he would never have betaken himself to an extraordinary meanes (and especially in such a place where himself is chiefe Judge in his own cause) and there against me by a kind of a legislative and unlimitted power of Judicature, which is not in them (especially singly) neither can they (take them in the highest capacity that ever law estated them in) proceed to determine any thing out of the way of the known and established lawes, by any arbitrary, or discretionary Rules, when there is a known law in the case. And I am sure it is a received Maxime in law, That where remedy may be had by an ordinary course in Law; the party grieved shall never have his recourse to extraordinaries.

And Sir, under favour, to speak truly, the Parliament properly are not (nor ought not) to meddle with causes betwixt party & party that are decideable at common-law, they being the supream Judicature of the Kingdome and the last refuge to appeale to, by the people, in case of injustice else-where, and so may properly be called Judge of Judges, rather then Judge of particular parties and causes.

My last observation upon the sentence, that I shall humbly entreat you to take notice of, is this;

That although by the 14, Chap. of Magna Charta, it is declared that a free-man shall not be amerced or fined for a small fault; but after the manner of the fault, and for a great fault after the greatnesse thereof, saving to him his contenement or countenance, and a merchant likewise saving to him his Merchandize. And any other villain then the Kings shall be likewise amerced, saving his wainage or teame, and none of the said amerciament, shall be assessed, but by the oath of honest and lawfull men of the &illegible;

But I beseech you observe, the Lords had no oath of any honest man what ever, against me, nor one word of my own confession of any guiltinesse of any crime whatsoever, but a constant resolution manifested to maintain the lawes and liberties of the kingdome against their usurpations; for which just, honest, and legall action, and for no other, they unrighteously, unjustly, and barbarously sentenced me, not saving to me my contenement or countenance, or leaving me some reasonable proportion after their Fines, or Amercement to live upon, in the quality or condition I had done before; but they amerced or find me at four thousand pounds, which is divers thousands of pounds more then either I am worth, or ever was in my life.

Now I beseech this honourable Committee to observe, that by this sentence, the unrighteous & cruell Lords have done as much as in them lyes, every hour of time to put me into such a condition; that I shall be liable to have all the estate that I have in the world taken from me, to satisfie this unjust Fine, and so leave nothing for me, my wife, and small children, to live upon; nay, and that which is worse then all this, the greatnesse of the Fine is much more then I can satisfie; So that in case all that little that I have, should be seized upon; yet there is such abundance would remain behind, which would rob me of all credit whatsoever: for, who will be so unwise, as to lend a man money that is thousands of pounds worse then nothing which is my case by this Fine: But yet this is not at all; for they commit me for 7. years (the age of a man in the eye of the Law) a prisoner to the extraordinary chargeable Prison of the Tower, where I cannot earn one &illegible; nor, it being no through-fare; for me to beg a penny to live upon.

Now, Sir, laying all these things together, I beseech you consider, whether in the intention of the Lords, I be not exposed to miseries and torments, worse then death it selfe: for either by their intentions, I must perish by hunger and famine, or else be forced to eat my wife and children, or any other that I can over-come; and what is this? but the height of tyranny and cruelty, and a torment worse then any death in the world; for, saith Jerem. in his Lamentations, Better is he that dyes by the sword, then he that dyes by famine; and he gives the reason; because, there is a speedy end of the pain of him that dyes by the sword; but he that dyes by hunger and famine, pines away, and is in a continuall torment, alwayes dying, and wishing, and longing for death. And undoubtedly, Sir, this is my condition, by the intention of the Lords.

Now Sir, having with your patience, made these obseruations, I humbly desire to goe on with the matter of fact:

Which is, that upon the tenth of July, when Serjeant Finch brought in my Charge into the House of Peeres, they that day made an Order to command the Sheriffs of London, the next day to bring me up to their Bar, to hear my Charge: The copy of which warrant I have not, in regard the Sheriffe (contrary to law) refused to give it me, although I sent to him to desire it: and I having formerly told the Jaylors of Newgate, I could not, nor would not, go up to the Lords Bar, by vertue of their own Wariãr, without a forcible compulsion; The Sheriffes sent about 30. or 40. of the attenders upon the Hangman, when he goes to doe execution at Tiburn, to carry me up to the Lords Bar. And being in the Painted chamber, I desired Mr. Brisco, one of my Keepers and Tormenters, to to goe and tell the Lords from me, that seeing they had the impudency and boldnesse to tread the Lawes and Liberties of England under their feet, and did so contemne and under-value the authority of the Honorable House of Commons, to whom I had appealed, as yet to goe on in their illegall courses with mee, with whom by Law they had nothing to doe; I must bee forced in the highest nature I could, to contemne and despise their proceedings; and therefore was resolved not to come to their Bar, without a forcible compulsion, and to come in with my hat upon my head, and to stop my eares when they read my Charge, in detestation, and bearing witnesse against their usurpations and injustice. So away hee went: But I was compeld in; and being brought up to the Bar, I was commanded to kneele: which I absolutely refused. And then my Lord of Manchester (my grand adversary, who hath for these two or three yeares thirsted after my blood, for no other crime but that I was faithfull and active in executing the trust reposed in me, for the good of the Parliament and Kingdom; he (I say) as speaker of the House of Lords, commanded the Clerk to read me my Charge; which he began to do. At which I stopped my eares with my fingers, till such time as I perceived the Clerks lips to leave moving. Whereupon I was commanded to with-draw: and after some distance of time, I was called in again, and was again commanded to kneele; but I told them, My Lords, you may save your selves the expence of your breath, for I shall not kneele without compulsion. And then my Lord of Manchester told me, that I by my contumacie deprived my self of much benefit that I might make unto my self by examining witnesses upõ crosse Interrogatories, for the evading the charge. So I desired liberty to speak: which was granted, and I said, “My Lords, I do much wonder at your Lordships proceedings with me, that you should, (contrary to the ancient and fundamentall lawes of this kingdome) send for me to answer a charge at your Bar, before you have any fil’d against me; and then when I come up to your Bar, presse and endeavour to force me, contrary to law, honesty, and justice, to answer to inquisition-nterrogatories, and so to ensnare my selfe, when you have no crime to lay unto my charge. My Lords, what is this else, but to build up what but the other day you destroyed? For did you not here in a full House, the 15. day of February last, in this very case, decree; adjudge, and determine, that my sentence in the Star-chamber, and all the proceedings thereupon, shall forthwith be for ever totally vacuated, obliterated, and taken off the File in all Courts where they are yet remaining, as illegall, and most unjust, against the liberty of the Subject, and law of the Land, and Magna Charta, and unfit to continue upon Record? &c.

“And did you not order and adjudge me, to receive of some of the Judges, &c. of that sentence, 2000. l. for my reparation? But my Lords, I am very sure, that if you your selves, compare your proceedings against me, with the proceedings of the Star-chamber, you will find yours to be in every particular, as illegall and unjust, as theirs: and therefore, I much wonder, you do not blush at your present dealing with me.

Besides, my Lords, it is very strange to me that the Law of England, should be so plain and perspicuous, to tell you, that you in such Cases as mine is, have no legall jurisdiction at all over me, or the meanest Commoner in England, and that yet notwithstanding, you should, contrary to your duty, Oathes and Covenants, usurp & chalenge a jurisdiction over us so. My Lords, when I was first at this Bar, I under my hand and Seale, deliuered in &illegible; protest against you as usurpers & incrochers, upon the Rights and Libertyes of all the Commons of England, which you received & read: and I also appealed from you, as unrighteous Judges to my Legal, and Proper Judges, the Commons of England assembled in Parliament, and upon the 16. of June last, I sent my petition, by way of appeal to the Honorable House of Commons, with a copy of my Protest against you, anexed to it, which they received, read, approued of, and Committed to a speciall Committee, who sat upon it, and as I understand, Passed a vote or votes in justification of the Legalitie of my Procedings with you, and have promised me Justice in &illegible; now, my Lords, I here againe at your open Barr before You all, as in the fight of and Presence of God, protest against you againe, and all your proceedings with me, as unjust, unrighteous and illegal: and declare unto you all, that to my said Protest and appeale to the honorable House of Commons, I will sticke to, so long as I have a life and a being,

And my Lords, I &illegible; on to your faces, that by Right, they are your Judges as well as mine in this case: & I do not doubt, but to liue to see the day that they will make you to knowe, whether you will or no that they are so, and of their Justice, and protection, I do not in the least; doubt: And therefore, my Lords, seeing you have dealt so illegally and tyrannically with mee, as you have done; I now bid defiance to your power and malice, to do the &illegible; you can.

For, my Lords, are not you the men that have been principal instruments to engage this Kingdom in a bloudy War, to maintain their lawes and liberties? and have &illegible; you all often sworn and covenanted so to do? But, my Lords, it seemes to me, you nothing at all value your &illegible; nor engagements: and therefore, my Lords, if you were in jeast, when you did all this, and never intended, what you declared, but meerly set us a fighting, to &illegible; and dismount our old Riders & tyrants, that so you might get up and ride us in their steads: But I doe professe and assure your Lordships, that I for my part was in good sober and sad earnest, and never drew my sword in these warres, but principally for my liberties and freedomes, and the lawes of the land: & in the field I did adventure my life freely & resolutely, like a man of &illegible; and courage, as it is well known to some of your selves: And I now look for, and expect the enjoyment of &illegible; for which I fought by your meanes and iustigation. And therefore, my Lords, I protest here before the God of heaven and earth, if you shall be so unworthy as to persevere in endeavouring the destruction of the fundamentall Lawes and Liberties of England, as at present you doe; I will venture my life and heart-blood against you to oppose you, with as much zeale and courage as ever I did any of the Kings party, that you set us together by the eares with.

And having concluded, I was commanded to heare my Charge read: But I told them, they had no judicature at all over me, neither would I in the least doe any thing that should declare my subjection to their power, although I should presently be destroyed for my refusall. But my Lords, sayd I, that you may know that my conscience doth not accuse me of any guilt for doing any illegall or dishonorable action against my countrey or the Lawes thereof, or you, or any of you that wisheth it well; I will wave my appeal to the House of Commons, if you wil cease your proceedings here: and I will answer any of you, or all of you, according to Law; in any Court of Justice in Westminster-Hall, or any other Court in England, that hath a Legall jurisdiction over me. But the Clerk was commanded to read the Charge quite through: and I stopped my eares till he had done. And then the Speaker asked me, what I said to my Charge? I told him, I heard it not (neither indeed did,) neither had they any legall power there to exhibit, try, or adjudge a Charge against me: And therefore I again appealed from them; teiling them, I did not in the least, value the worst they could doe to me: for I would lose my life before I would betray or part with my fundamental liberties; either to them, or any one in England.

So I was commanded to with-draw: and being out above an houre, I was the third time called in, and commanded again to kneele; which I absolutely refused to doe. And then I was told by the Earl of Manchester, what misery and destruction my obstinacy and contemptuous carriage, had, and would bring upon me. I told him, I weighed not their malice, nor craved their favour: So he read my sentence, which I heard: and when he had done; with a smiling and merry countenance, I thanked his Lordship for his boon: but I desired him to take notice of it, that I valued their sentence no more then that I had in the Star-Chamber, it being in every particular as illegall as that: nay more, for the Star-chamber had a legall jurisdiction over me, which their Lordships in their House have not: so I was commanded to withdraw.

And being by a new Warrant that day brought to the Lieutenant of the Tower of London (the Copy of which, you Mr. Martin have in your hands; it being one of the three you had from the Lieutenant the other day) my brother Major Henry Lilburn, Lieu. Col. Wetton, and my wife being with me, I told the Lieutenant of the Tower, that my spirit was a little refreshed, for all my great & heavy sentence, and my commitment to so chargeable a prison, as I understood the Tower to be, in regard I was freed from my close and cruell imprisonment, and now should enjoy the society of my wife and friends, but he told me I was mistaken: Why Sir, said I, my Warrant doth not command you to keep me close prisoner; it only injoyns you to keep me in safe custody, and that you take care, that I neither contrive, publish, or spread any seditious or libellous Pamphlet against both, or either Houses of Parliament. Well! saith he, I cannot do that, unlesse I keep both your wife, & your friends from you; aswell you might say, that you cannot perform my order, unlesse you lock me up in a Dungeon, where I shall neither see light, nor enjoy candle, or fire; for it is impossible in a manner, to keep a man from writing, where he hath light, who by one meanes or other, will come by Pen, Ink, and Paper.

And truly Sir, it was a wonder to me, to hear the Lieutenants hard and cruell interpretation of my order, and perceiving my wife to be much troubled at his words, it took a deep impression upon my spirit, and made me go below my accustomed principles of Resolution; in regard of that indearednesse of affection, that was betwixt my wife and my self, which made me say to him: Sir, my wife is all the earthly comfort that now in this world I have left unto me, and she is that meet help, that the wife God of Heaven & Earth, from the beginning hath instituted and ordained for me, frail & weak man, in my pilgrimage and vally of teares here below: and Sir, if such a helpe had not been requisite for poor man; without which, he could not have had a comfortable being in his earthly being; God would never have ordained it, and commanded man to forsake Father and Mother, to live with his wife, as one flesh.

And truly Sir, I must tell you, God hath so knit in affection, the hearts and soules of we and my wife, and made us so willing to help to bear one another: burdens, that I professe, as in the fight of God, I had rather you should immediately beat ont my braines, then deprive me of the society of my wife.

And therefore, for your indempnity; before these my friends, I will make you a faire proffer, That if you judge, that I have either faith or truth in me, I will ingage my word and promise unto you, that as I am a Christian, a Gentleman, and a Souldier, I will neither write a line, nor read a line written; conditionally, that you, according to Justice, and the known Lawes of this Kingdoms, permits me to enjoy the society of my wife, and friends.

But the hard-hearted Lieutenant, like a man that took delight to adde sorrow, to the afflictions of the too much afflicted, would not embrace my proffer, which I would not have broken or violated, for all the gold in England; but strictly gave command to my keeper, that neither my wife, nor any other friend should speake with me, but in his presence and hearing; which he being here present, is able to testifie unto you: and then the Lieutenant went to the Lords, and prevailed with them to make an Order to bear him out, in what he had illegally and unwarrantably done, and executed upon me, of his own head, for 5 dayes: which order, you Mr. Martin have also in your hands: So that by the Lieutenants meanes I was divorced from my wife, till the 16. day of September following: Upon which day, the Lords of their own accord, without my desiring of them (who was resolved in this case never to sue for a farthings-worth of courtesie) made an Order, again to marry me to my wife, as by the Copy of it in your hands will appear. And besides all this, he set and ordered his Warders at the &illegible; most illegally to take the names and places of habitations of all my friends that came to see met, on set purpose as I may justly conceive, no affright and scare all away from coming to visit me; yea, and besides the taking of their names, some of his Warders did extraordinarily abuse both me and many of those that came to visit me, & denied admittance, and turned away scores of my friends, as I can easily prove: All which cruelties, and inhumanities offered to me and my friends; I may, and so do; set upon the Lieutenants own score: for I often complained to him of them; and the best remedy I could have, was nothing but a laugh from him at it: So that truly, Gentlemen, I do professe unto you, that the hard and barbarous usage that I have had from the Lords, and their Jaylors, (in the number of which, I reckon Col. Francis-West, the present Lieutenant of the Tower, who for all his title, is no more nor no otherwise to me then a Jaylor) to be worse then death it selfe; which I seriously professe unto you, I should rather embrace, then the like usage for so long time again.

And therefore, give me leave to say unto you in this particular, as I said unto my Lord Heath at Oxford, when I was arraigned before him for my life, for drawing my sword for your defence in the kingdomes; when he pressed me to plead unto my indictment. My Lord, said I, amend those things in it that are amisse, and give me, according to the custome of the Kingdome, my right and due; and I shall with all readinesse plead unto it, professing unto your Lordship, that the cruelties that I have endured by Irons, &c, in Oxford Castle, by the in humane Marshall Smith, are such, & so great, that I had rather chuse this night to set my back against a wall, and be shot with 20. Musquetiers, then to indure the constant bitternesse of those tormenting sorrowes, that I do, and have under-gone by Marshall Smith, since my captivity under him: and the same I do professe now unto this Committee.

Therefore, I humbly beseech, and most earnestly intreat you, not to delay me in my report to your House, but to do it speedily for me; that so I may know what to trust to, and may not by you, from whom I may justly seek Justice, as my right and due (and not as a boon) be delayed any longer, having bin already long enough delayed; it being almost five moneths since I first made my Appeal unto you.

For truly, I must plainly and ingenuously tell you, were not the &illegible; of strength, and assistance from God; the more, &illegible; &illegible; would be insupportable, and not any longer with &illegible; to be stoop’t unto by me: for it cannot but be known to divers of you, that for almost this ten yeares together, I have never been free from the lashes and destroyings of the Grand Prerogative-men of this kingdome, that have ruled and governed by no other law, then that of their own will; and yet to this day never received a penny by way of reparation, for all the wrongs and injuries that I from them have sustained; although I have spent divers hundreds of of pounds in indeavouring the procurement of it: and my reparations for my sufferings at the hands of the Star-Chamber Judges sticks in your house at this very day; which I humbly intreat thi’ honourable Committee, when this my businesse is reported to the house, to put them in mind of; and besides, my late extraordinary expences, and my shortnesse of pay for my faithfull and successfull service with my grand adversary the Earle of Manchester, and the present extraordinary chargeablenesse of my imprisonment in the Tower, &c. renders my condition an extraordinary object of your present reliefe: For although I have not paid all the great summes demanded as fees in that place; yet because I have found civility, and humanity from my Keeper, for my own accommodation and ease-take; I have weekly been (I think) very liberall unto him, I am sure beyond my present ability; besides the charge of my own diet and family, &c. which I hope, that when your Honorable House hath adjudged my cause, (which I am confident according to law cannot goe amisse with me) and thereby given me ground to present them with my bill of charges; they will not onely cause the Lords to pay it me again; but also ample reparations for my hard and unjust sufferings: without which, although you evacuate the sentence, and set my person at liberty, I shall think that I scarce have justice to the half, having but meerly the shell without the kirnell. But if the greatnesse of the Lords, by reason of the distractions of the present times, shal stick in my way as an hinderance therof; give me leave humbly to tell you, that the Commons of England are bound by you in a Protestation, to maintain their liberties, and to stand to all those that defend them; yea, and to bring those that endeavour their destruction, to condigne punishment. In which regard I am resolved by the strength of God, in a just and legal way, with all earnestnesse to desire, through City and Countrey, the joynt assistance of all in England, that are not willing to be slaves, to joyn with mee in a grand petition to your House, for the obtaining of my just and honest desires against the Lords. And truly, Sir, I must venture life and all that I have upon it. For can it appeare just to you, that the Lords should cry out against the King, their Lord and Master, for injustice and cruelty; yea, and draw their swords against him, and yet be more unjust themselves? As to goe no further then my very case: for sure I am, it was the Kings constant custome to provide diet, lodging, and pay the fees of all those he committed to the Tower: but the Lords for no cause in law at all, have committed me thither, and put me upon it, to pay all the vast extravagancies there for fees, &c. yea, and that for tormenting and destroying me. Surely, Sir, they will never be so unjust, but when they know, it is demanded as a just and legall right; but largely in good currant coyn to repay me: the which, if they be so unjust as to refuse, I hope you will be so just and true to your trust, according to that sufficient power and authority that is in you to compell them.

And, Sir, I humbly crave reparations from all their instruments, that with, and upon, me have out-stript the bounds of the Law, in executing their meere malicious wills upon me. And, under facour, I am very confident, the Lieutenant of the Tower will bee found guilty in this particular; which I have the more ground to presse upon him, then the Jaylors of Newgate: For, to bee hardly and inhumanly dealt withall from such bloody men as they are commonly reported to be, is no wonder; but to receive the like measure, nay and worse, from the hands of Col. Francis West, my fellow-citizen, (who out-stript his orders) a man who hath been in the field with his sword in his hand, pretending to adventure his life for the preservation of the lawes and liberties of England; is that that amazeth me, that he should so farre forget himselfe, as so furiously to fall upon me, to torment, undoe, and destroy me, for no other cause, but for being true to my principles, and the generall and publick interest of the Kingdome, in standing for the Lawes and Liberties thereof, against those that would destroy them; and which action renders him to me, to be one of the unworthiest of the sonnes of men; especially of those that would bee reputed to have the principles of an honest man in him.

Now Sir, to conclude all, having sufficiently intrenched upon your patience; I make my most humble sute unto this honourable Committee, That when you make my Report unto the house, seeing as you tell me, you are principally to report matter of Fact, & not matter of law, in point of the Lords Jurisdiction; by means of which, it may be, in your house many Objections may be raised against me, for my carriage and expressions before the Lords: I therefore humbly intreat you to acquaint the house, That it is my most humble desire unto them, that seeing this businesse is of so great concernment, not only to me, but also to your selves, yea, and to the whole Kingdome; that I may have that honour and justice, to be called to their Bar, and there have a faire, open, and publique hearing, according to Law and Justice; and I doubt not, but by my self singly, by law and unquestionable authority, against all the Procters the Lords can fee in England, to plead for them; to make it cleer as the Sun that shines at Noon-day; that the Lords have no jurisdiction at all over me, in the case now in controversie betwixt us, and that my carriage and expressions before them, was, but the cordiall demonstrations of a sound and single-harted man, who knowes himself bound in duty and conscience, to God, himself, and his country, to the utmost of my endeavours, to defend, and maintain his Rights and Liberties, which is as justifiable by the Law of this Kingdome, and in the eyes of all understanding men; as for a true and just man, to draw his sword, and to cut a Theese or Rogue that sets upon him upon the high-way, on purpose to rob him of his life and goods.

And if after such a hearing before your honourable house, it shall appear to their judgments and understandings, that I have wronged the Lords in generall, or the Earl of Manchester, or Col. King in particular; (which two are the principall causes of all my present trouble, and against whom, are two Grand charges in your house; as I judge them of no lesse then high treason commitmitted against the Kingdom; which as I humbly conceive, the justice of the Kingdom requires should come to a finall determination) I shall with all willingnesse and cheerfulnesse submit to what punishment shall be just for them to inflict upon me; and I hope that by this faire offer, you will be provoked with the strength of resolution, to deal impartially betwixt the Lords and me, & without fear, punish those where the just fault is, especially, considering that you, in your most excellent Declaration of the 17. April 1646 published by you to the view of the whole kingdome, have solemnly declared, That you will preserve the Rights and Liberties of the people, and abolish the exercise of arbitrary power, and so provide for the safety and weal of the people; which is (as you say) the end of the primitive institution of all government. And therefore, in the behalf of my self, and all the Commons of England, I most humbly beseech, and entreat his thonourable Committee, to improve all the interest you have in the house of Commons, to make good unto us this their own just and honest Declaration.

I beseech you heare me but one word more, which I intreat you well to observe; that the Lords have joyned with you in severall Declarations; in which the Kings Oath is printed, which I read in the Book Decl. pag. 268. 713. 714, where you and they declare positively, and back it with many strong arguments; That the King by his Coronation-Oath, is bound to passe such lawes, as his people shall chuse: and if so; then he hath no power in him to give a law unto the people, or impose a law upon them: much lesse can hee give a power to the Lords (his meer creatures made by his will & pleasure) for them to oppose or give a Law unto the people: and I am sure, if they have a legislative power in them, to do what they please, and so by the authority of that, presumed to do with mee, as they did I am sure, by the established Law of the Kingdom, they have no power at all, not in the least to do with me as they have done.

And therefore, I humbly entreat you, to presse home unto your House, the Lords usurpations and incroachments upon our common rights, that so they may effectually curbe them, as in Justice they ought. For Sir, that which addes sorrow to all my sorrowes, is this, that I suffer all these inhumanities and illegall usages, during the time of the sitting of to free Parliament. (and yet can have no effectuall redresse in five moneths time, though earnestly sought for.) Alas Sir, the Parliament &illegible; the English-mans legall last refuge; and it that taile us (to speak as men) we are undone; unlesse God set his power at work, to work miracles, and raise up meanes for our preservation. And Sir, if the Lords dare thus tyrannize over the free Commons of England in time of Parliament, (that used to be the fear and dread of Offendors) what is it, that they will not do unto us out of a Parliament? Therefore, again I most earnestly beseech this honourable Committee, to remember them, and improve all your interest to punish, or at least effectually to curbe them: for which, as well, as for your present patience, in hearing me so largely, I shall both now (as well as formerly) remain oblieged to improve my best and utmost ability, for the preservation of the just, supreame interest, power, and authority of your honourable House.

Esa. 48. 10. Behold, I have refined thee, but not with silver; I have chosen thee in the fulnesse of affliction.

Job. 23. 10. When he hath tryed me, I shall come forth as gold.

John Lilburn.

Reader, thou art requested to take notice of two faults committed in the printing of this Booke, the first, in page 2. line 1. left out [and also what passed betwixt my L. Wharton and my self] the 2. in. p. 5. l. 26. Where thou shalt find these words [a Commitment lawful, viz.] to be in the 28. line, which ought to be placed at the end of the 26. line, as thou mayst easily perceive. For other faults (if thou meet with any) impute them not unto the Authour, who could not be as the correcting hereof; but in love to him, amend them. Vale.

FINIS.

 

 


10.8. John Lilburne [with Overton], An Unhappy Game at Scotch and English (30 November, 1646)

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John Lilburne [with Overton], An Unhappy Game at Scotch and English. Or A Full Answer from England to the Papers of Scotland. Wherein their Scotch Mists and their Fogs; their sayings and gaine-sayings; their Juglings, their windings and turnings; hither and thither, backwards and forwards, and forwards & backwards again; Their breach of Covenant, Articles, & Treaty, their King-craft present design, against the two houses of Parliament, & people of England, their plots and intents for Usurpation and Government over us and our children detected, discovered, and presented to the view of the World, as a dreadfull Omen, All-arme, and Warning to the Kingdome of England.

Ier. 5.4. And although they say, the Lord liveth, surely they sweare falsly.

Hosea 10.3. They have spoken Words, swearing falsely in making a Covenant: thus judgement springeth up as Hemlocke in the furrowes of the field.

Edinburgh, Printed (as truly, as the Scotch papers were at London) by Evan Tyler, Printer to the Kings most Excellent Majestie, and are to be sold at the most Solemn Signe of the Blew-Bonnet, right opposite to the two Houses of Parliament. 1646.

Estimated date of publication

30 November, 1646.

Thomason Tracts Catalog information

TT1, p. 477; E. 364. (3.)

LWV

T.83 [1646.11.30] (10.8) John Lilburne [with Overton], An Unhappy Game at Scotch and English (30 November, 1646).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

An VNHAPPIE GAME AT SCOTCH AND ENGLISH. Scotch Papers. Pag. 2.

Scotland.THe Parliament of England, hath no more power to dispose of the person of the King of Scotland, being in England, then the Parliament of Scotland hath to dispose of the person of the King of England, if he were in Scotland.

Ans.England. Brethren, you say very well: But the question is, whether such a disposing may be either by the one or by the other? Whether the Armies of Scotland being in England, may dispose of the King of England being in England or no, And so on the contrary? But indeed it needs not much to be disputed, for in words you deny your selves of that power, when you tell us, (pag. ibid.) that the Armies of Scotland have nothing to doe in the dispose of the King of England, yet for all this, indeeds you do assume as much as that comes to, to your selves; for though you plead your Scotish interest in the King of Sotland to countenance the fact, yet behind the shadow of that Curtaine (thus drawn before our eyes) you keep the King of England from England, & so consequently King it over England behind; which we are consident would by your selves be condemned in us, in case you should be so dealt withall by the Armies of England, for we cannot judge that the Armies of Scotland would count in lawfull for the armies of England, if they were in Scotland, for their assistance, to deny them the delivery of the King of Scotland: Because being in England they refuse to deliver him to England, according to the votes and desires of the two Houses of England. Therefore we judge, that Scotland would much more claime that priviledge in him, being in Scotland; for if they will claime it out of their bounds where they have no right of authority, they will much more claime it within the bounds of their dominions, where their power is intire to themselves.

Therefore it is not well done of our deare brethren of Scotland, thus to cast a Scotch mist before the eyes of their Brethren of England: For though (as before) verbally they disclaime all power in their armies, for his disposall without the joynt consent of the two Kingdomes, yet (as deare Brethren) their armies have received, entertained and kept him even in his person, and that before the joynt consent of the two Kingdomes, and absolutely against the will and desires of ours. So that the King of England, and the King of Scotland is disposed of by the armies of Scotland, without the consent or advice of either Kingdome. We hope our deare Brethren will not say, their armies received advice and direction for his entertainment from the Kingdom of Scotland, for that were a capitulation with him, without the privity and conjuncture of England, which by them pag. 6. is disavowed.

But in case our brethren might receive him without the mutuall consent of both Kingdomes, then why doe they stand for a mutuall consent for his delivery, for by the Lord Loudon’s own argument (pa. 25.) contrariorum contraria sunt consequentia, contraries have contrary consequents.

Therefore it they may not part with him, without the consent and advice of the two Kingdomes, then ought they not to have received him without that consent. If our deare brethren should urge, that parting with him, were a disposing of him, and that they may not do without breach of Covenant and Treaty: the like we retort by their owne rule of contenries, concerning their receiving of him: for receiving is by the said rule as much a disposing as parting with him, so that if our deare brethren be men that are true to their owne rules and principles, we may conclude, that if they will not part with him without the consent of the Kingdome of Scotland, that then they had the consent of the Kingdome of Scotland to receive him, before they did receive him, but our deare brethren doe affirme the one, pag. 8. therefore from the truth and fidelity of our brethren, we may well conclude the other.

Oh! what shall we say or think now of our brethren? are they not of divine Covenanters, become cheating Juglers. For let any man judge, whether the keeping the Kings person at New-Castle without our consent, be not as absolute a disposall, as afterwards the sending of his person to White-Hall, Richmond-House, Hampton-Court, or else where, by the joynt advice and consent of the two Kingdomes. They would differ in manner indeed, but not in the nature of the thing, and the nature of the thing, is the matter in hand: The difference would be but in an Accident, namely the addition of our consent; it is now without it, it could then be but with it, and both’s a disposall: Yea, though it should be without this consent either of yours or ours: For an accident may be wanting and the subject remaine.

But to colour this disposall from the censure of their act, our brethren doe tell us, that

Scotland.He came voluntarily, and continues voluntarily

England.Ans, It seemes, from hence you would inferre, that the Act of that disposing of his person is by himselfe, and not by you. But for answer thereto, consider your own grounds: By the Covenant and Treaty you urge, that his person is solely and intirely to be disposed of by the parliament of both Kingdomes, and not singly, or by a third, but by the joynt advice and consent of both: Therefore from this grant of yours, your Armie neither had nor hath any power individually to make or medle with his person, or in the least wise to dispose of it, no, not for a minute, in this place or that place, for this or for that, or till things should be so or so, therefore your Act of entertainment of his comming, was (by the just sequell of your owne ground) an actuall disposing of his person, pro tempore, even as well, and as really, as if you should dispose of it for ever, for the difference would only be in the protract of time, not in the nature of the thing.

Further, the thing betwixt the two Kingdomes by the Conant and Treaty, is not what he might doe, but what the two Kingdomes thereby are mutually bound to doe, for the Covenant and Treaty was not made with him, but betwixt the two Kingdomes: So that his voluntary Act was nothing to your nationall duty and obligation, for his personall will was no wise included in the condition thereof: Then was neither his personall assent nor dissent required to the making either of the one or the other.

So that his voluntary comming or staying, is neither here nor there to your act: for this receiving and retaining (though voluntary by him) is as well an actuall disposing of yours (though not in that aggravation) as if you had fet him, and continued him by force, or constraint as you call it: And therefore the act of your receiving and keeping his person without our consent, is that against which we except: It is not about the manner how, whether by his will, or by your force, that our difference is stated, but about the definitive matter of disposition it selfe; although with your manner how and the like, you would delude us, and divert us from the state of the question, reasoning from the manner, and so concluding against us in the matter, when indeed you should reason from the matter, and then it would be otherwise. Therefore your receiving and continuing, is an absolute possession and disposing thereof, and so it is your act.

Besides, he could neither enter nor continue, without your consent. For can a well fortifyed City be entered by a single man, without force, or therebe continued, except the Citizens please, and is not your armie equivolent thereto? Therefore it is the act of your pleasure, though his be added therto the addition whereof nothing diminishing there-from: for by how much the more his pleasure and your pleasure agrees without ours, by so much the more is it dangerous and suspitious; but the concord & conjunction thereof is to such an high measure aspired, that you are not ashamed to tell us, that you will not have him delivered or disposed of contrary to his will, which must needs be his personall will, for were it his leagall will, he then would be assenting to the Orders and determinations of his great Counsell, the two Houses of Parliament, his legall will, wee are sure it cannot bee, except from the Parliament he carried with him the Soveraign power of the land, & it hath journeyed with him ever since; and now with him he hath brought it to our dear Brethren of Scotland: If it be so, then truly our Brethren have (all this while of their concurrance with us against him) been Traytors and Rebels thereto as well as our selves; yet sure our dear Brethren (if it be but for their credits) will not say so; and if they doe not, then what are our brethren now? It must needs be granted and concluded at first or at last: So that how to award our dear Brethren from Treason and Rebellion against the Soveraigne Power of this Land wee doe not see; therefore our dear Brethren might doe well with their next papers to send us a paire of Scotish-spectacles that are fit for our eyes, and their caractar, for by our English reading (printed by Evan Tyler at London) wee can read them no other as yet: Therefore in the meane time in our answer to the Will of the King, we must consider that Will, as the Will of Charles Steuart, contrary to whose Will, you will not have him disposed; so that in deed and in truth, you place the whole power of the disposall of Charles Steuart, in the Will of Charles Steuart, and make that his personall Will, the Essence of that Disposall, for the Will of Charles Steuart (if he must not be delivered without it) may contradict, null, and make voide whatever gainesaies: So that the advice and consent of the two Houses, &c. (which you so oft talke of in your papers) is but a shaddow without a substance cast before our eyes; a Nut without a kernell, that you have given us to crack; a Bone without marrow, that you have thrown in amongst us So that we can judge little better of our brethren in this, then of such as carry water in one hand, and fire in another.

Scotch Papers page 4.

Scotland.Our Armies are not tyed to be subject to the resolutions and directions of either Kingdome, but of both joyntly.

Answer.

England.If your Armies be so tyed and obliged, then how came they loose and obsolved thereof in this your reception, and continuance of his person without their resolutions? For as yet there hath been no joynt resolve of both Kingdomes about it: and thus to put trickes upon us, you play fast and loose at your pleasure.

Page 2.When you plead for your selves, you say, it is a fundamentall right and liberty &c. that none can without consent, impede or restraine your King from comming amongst you to performe the duties of a King, and with this you would cover over the act of your admission and reception of his person.

And when you reason against the two Houses, in opposition to their Votes, you tell us it is one thing what the Parliament of England might have done in another cause, and warre before their engagements by Covenant, it is another thing what ought to be done after such conditions and tyes imposed &c. whereby you would deprive the two Houses of that which before you urge for your selves; namely, fundamentall Rights &c. and utterly debar them in this difference from all retrogradation beyond the Covenant; yet your selves will run in infinitum beyond if you can urge your fundamentall Rights and liberties for you your selves, in your reception of the King of Scotland, but will not permit them upon any termes (because of the Covenant) from their fundamentall rights and liberties of the Kingdome of England, to Vote the disposing of the King of England in England.

Therefore by your favour (dear Brethren of Scotland) since thus you play at boe-peepe with your Brethen of England, we will answer your first reason with your second: It is one thing what you might have done before the Covenant, and another thing what you may doe after; but by the Covenant (even as your selves say) His person must be absolutely, & wholy disposed of by the joynt advicect consent of both Parliaments, so that by your Covenant you are bound not to medle at all singly in his disposall; eitherof so much as receiving or entertaining him.

But let us a little expostulate with our deare brethen of Scotland: is this your dealing with us as becomes brethen? Is this your brotherly conference, to condemne that in us which you will allow in your selves, first to plead your fundamentall rights and freedomes &c. And then in the next page to tell us, wee doe not medle with any of our single rights priviledges or Lawes of our Nation, &c. and a little after, unlesse wee lay aside the Covenant, Theaties, Declarations of both Kingdomes; and three yeares conjunction in this warre, neither the one Kingdome nor the other, must now look back what they might have done singly before such a strict union.

What shall wee thinke, or what shall wee esteem of our deare brethren for this? Wee know not how to excuse them of lying; but however this will wee boldly affirme to our Brethren of Scotland, that this latter argument utterly cuts off our Brethren from the refuge of what ever our Brethren might have pleaded before the Covenant, and strictly restraines all their arguments, concerning the interest of the Kingdome of Scotland in the King of Scotland, and about their fundamentall rights and liberties &c. for they all were before the Covenant, and so in this matter are quite out of date, and comes not into the compasse or nature of the dispute, even by your own bounds and limits by your selves thereto affixed: which considerations, may serve as an answer to one great part of the papers: & therefore we may wel wonder at this your manner of reasoning & cannot otherwise reasonably judge, but it is to cast a Scotishmist before the eyes of the free-men of England, on purpose to delude them.

Scotish Pap. page 4.

Scotland. The ends of the Covenant are not to be prosecuted by the two Kingdomes, as they are two distinct bodies acting singly: but they were united by solemne Covenant made to Almighty God, & by league each to other, as one intire body, to prosecute the cause.

Answer. As by this argument, you were not to meddle at all in the least kind about the disposing of his Person, not so much as to give him entertainment (that being an actuall disposing pro tempore as aforesaid) without the mutuall consent and Order of both Kingdomes proceeding: So by this argument also a second is absolutely excluded from this (Covenanted) disposall: for hereby there is an union of two Kingdomes in one for one end; and an vnite admits not of a second or third, for then it is no more one, but two or three: So that it is as cleere as the Sun, that this unity of consent betwixt the two Kingdomes admits of no addition or division whatsoever; for so the property of that Bi-unity were lost: If another were added to thar vnity, then were it a Tri-unity, and not a Bi-unity: and if that unity should be devided, then were it no unity, for puca unitas est indivisibilis: Why therefore you should bring in the Kings consent betwixt the two Kingdomes, wee see not; except you meane to play fast and loose, and set open a doore to all forraigne Nations, to have a title to this consent: for as well may you say, that France, Spaine, &c. must have their consent in this businesse as well as Charles Steuart himselfe; for the Question is not, what Mr. Steuart would doe with his person, or what France or Spaine &c. would doe with it, but what the two Kingdomes by this Covenant are bound to doe; therefore the bringing in the Kings consent and will into the bargaine, is a meere nullity (as concerning this matter) to the Covenant; So that your repairing to his Will and consent, is an absolute departure from the joynt interest of the two Kingdomes, and from the Covenant obliging there to: for you will not deliver him, or doe anything with him without his consent: Therefore why doe you at all talke of the Covenant, or the interest of the two Kingdomes? Tell us no more of such blew shadowes and Sculcaps; but tell us of the Will of Charles Steuart: And if we must needs dispute, let that be the question, whether the will of Charles Steuart be the Law of all Lawes, whereto Parliaments Covenant, and Treates, Kingdoms must be subject? If you will deale with us upon that point, we shall not doubt but to make a reasonable returne.

Scotish Papers, page 6.

Scotland: If the Scotch Army should deliver up his Majesties Person without his owne consent &c. this act of the Army were not agreeable to the Oath of Allegeance, (obleiging them to defend his Majesties Person from all harmes and prejudices) nor to the solemne League and Covenant, which was not intended to weaken but to stregthen our Allegeance &c. ————————— Whom therefore our Armies cannot deliver, to be disposed of by any others at pleasure:

Answer.

England: By this it seemes, that the Scotch Army, are obsolutely devoted to the will of his Person; for except he will, you say, that your Armies cannot (you might as wel have said wil not) deliver him up to be disposed of by any others; which saying excludes the whole world, except his Will: So that in effect by this you have as well excluded the pleasure of your own Parliament, as the pleasure of ours or any others.

Sure our deare Brethren of Scotland are not themselves, to speake thus they cannot tell what; one while to urge the consent of their Parliament, and then by and by to deny themselves of it againe.

Well, but you say it is against the Oath of Allegeance, and the Covenant, for the Armies to deliver him up against his WILL. And why so (deare Brethren we beseech you) is the Oath of Allegeance and the Covenant confined to the dictates of his Personall Will? that what is contrary to his Will, is contrary thereto? For here you make his Will the very Axeltree upon which your argument turnes; and therefore by this your reasoning, both Kingdomes are by the Oath of Allegeance and by the Covenant, obleiged and irrevocably bound (it being made to Almighty God) to be subjected to his Will; yea, and as much as in you lyes, you have thereby concluded and conform’d a title upon him, even from Almighty God, to Rule by his Arbitrary pleasure; and made both Kingdomes Vassales to his Will. Is this the affection and duty which becomes Brethren that (page 5.) you tell us, you were put in mind of; That after you had espoused your Brethrens quarrell (page ibid.) by that espousall to contract your brethren to his Arbitrary pleasure? But as you in another case, so say wee in this wee cannot but expect better things from our Brethren. (page ibid.) Sure it is not our deare Brethren of Scotland that thus write: how shall such a thing (as becommeth Brethren) enter into the hearts of our Brethren of Scotland? except since his Majesties arrivall, our deare Brethren are run quite besides themselves, as aforesaid,

Some indeed have strange thoughts of our Brethren, and conclude them more Knaues then Fooles and that little better ever was to be expected from them, seeing now they are not ashamed only to tell us (page 7.) that the Scotish Army came not into this Kingdome in the nature of Auxiliaries (or helpers) and indeed they have proved as good as their words, for what Auxiliaries or helpers have they been unto us, except to carry away our gudes, and to drive away our cattle &c.) but also in plaine termes (to make all the blood that hath been shead, but as water spilt upon the ground) to capitulate with us, about the Kings personall Will, whether his Will must rule the roast or no? By our consent he shall first turne the spit, before his will shall rule the roast; our Lawes, Lives and Liberlies are more pretious, then to be prostitute to the exhorbitant boundlesse will of any mortall Steuart under the Sun: And therefore both He and your revolted Armies may be content, for we will spend a little more of our blood before that come to passe; you may as well twerle up your Blew caps, and hutle them up at the Moone, as to expect Englands assent unto that: no, no, Deare Brethren, wee are neither such foolnor such cowards, or yet such Traitors to our selves or to our posterities, to our Lawes or to our Liberties, as after we by the blood of us and our children have gained a conquest over that Arbitrary faction so basely to returne like Sower to the mire, or Dogges to the vomit againe; no sure deare Brethren wee have no: been thromming of Caps all this while, and therefore that is not to be expected: wee are content that our Brethren of Scotland should be our Brethren, but not our Lords and our Kings, to snatch the Scepter of England out of our hands, and to make us their slaves and Uassailes: what care we for Charles Steuarts assurance thereof under his Hand and Seale: we will mainetaine our just Rights and Freedomes, in despite of Scot, King, or Keysar, though wee welter for it in our bloods; and be it knowne unto you, O yee men of Scotland, that the free-men of England scorne to be yourslaves; and they have yet a reserve of gallant blood in their veines, which they will freely spend for their freedom. But to returne to the Game in hand.

Further. From the words of the forementioned clause of your papers, this you import, that you are by the Oath of Allegeance bound to keep his person from all harme, and therefore your Armies will not deliver up his person to be disposed of, as, the two Houses shall thinke fit: As if the two Houses by that their vote, had intended mischiefe to his person, or else why should you urge that in competition with their vote, if thereby you did not plainly conclude that their vote was an absolute intent of harme unto his person: But (good brethren) let us tell you, that though the two Houses of England have voted the disposall of the King of England as they shall think fit, it doth not therefore follow, that there is absolute harm to his person therby intended in their vote, but you make a surmise, then take it for granted, and forthwith thereon build the structure of your defence: But we hope it doth not therefore follow, because our brethren surmise it, except the sence of our Votes, our Orders and Ordinances of Parliament must follow the surmise of our brethren, that what ever their surmise is, that must be their Sense and Intent and no other. And if as you say; you will not inforce any sence or construction upon their Votes, then why will not your armies deliver him upon their Votes for feare of harme to his person, as if they had plainly intended with Salomons sword, by that their voted disposall to have divided the King of England from the King of Scotland, and so give each kingdome their just portion in his person.

But why should our deare brethren treason thus sophistically and deceitfully with us, and conclude thus inconsequently against us? Sure they have better Covenant Logick then this; for the antecedent of that Argument doth nothing at all prove the consequent thereof: Therefore if our deare brethren please (for the better discovery of their falcity) we shall cast that their kind of Argument into a forme after its owne nature and kind, which is thus.

A Scotch Argument. The two Houses of Parliament have voted the disposall of the Kings person as they shall thinke fit.

Ergo. The Scotch Armies may not deliver up his person to the said two Houses, for feare of harme to his person.

Truly dear brethren, this Gear hangeth together like an old broken Pot-Sheard: And wee deem, that you would be much displeased with your deare brethren of England, should they returne the like reasoning to their brethren of Scotland. But least our deare brethren of Scotland should judge us their brethren of England ingratefull, their brethren here send them a congratulatory pair of reasons formed after the same or the like kind desiring in their next papers, to be resolved, whether such reasoning with them, be faire dealing or no? to wit.

1. Argument. My gude Lord Lesley, came to Montrevill (Embassador for France) residing at Southwell, there to commune with the King.

Ergo. My gude Lord Lesley fell down on his knees, resigned up his sword, and laid it at the feet of the King, and then received it againe of the King.

2. Argument. My Lord of Northumberland, and Sebrant the French Agent looked through an hedge, and the one saw the other.

Ergo. They two are both nigh of a kindred.

Now having sent you a paire of brave Scotified arguments, wee’l throw an English bone after them, for your armies to gnaw upon.

A scandalous person may chance to prove a good man.

But some of your armie, are full of Back-biters.

Ergo, your whole armie are scandalous persons.

But now deare brethren, we cannot thinke that this will be judged faire reasoning in us; but if you condemne it, then why doe you use it? untill you revoke, and renounce your errour therein: this our like reasoning must not be condemned by you.

But by this we may plainly see, that you have some mischievious designe against the two Houses of Parliament, that you would insinuate such an opinion into the people of England, against their two Houses of Parliament. And that upon such high tearmes of contestation, to wit, that for that reason (to wit, harme) you will not deliver them their King upon their Vote, what may we judge by this, but that you intend destruction to them, thus to set the hearts of their people against them by your scandalous and seditious surmises and iealousies sowen amongst the people of England, for absolute truths: for if you give it not forth as a truth, why will you urge an argument from thence? Sure our Holy Brethren of Scotland, are not so voide of Conscience and grace, as to make a Lye a foundation of their practice.

Scotch Papers. Pag. 8.

We doe assert, that the King comming voluntarily to the Scotish Army, they cannot in duty deliver him against his will, to the two Houses of Parliament, without consent of the Kingdome of Scotland.

Ans. Then it seemes if he had come against his will, you had been bound in duty to have delivered him against the same, to the two houses of Parliament, without the consent of the Kingdome of Scotland, for if his voluntary comming be the reason of the one, then his unvoluntary comming must needs be the reason of the other, for as your own paper Champion saith, contrariorum contraria sunt consequentia, therefore hereby you have brought the consent of your own Parliament to be inferiour and subject to his will, the which notwithstanding the laid Champion told him, they should be forced to settle things without, in case he should not assent. pag. 19. The which reasonings, if they be not pro and con, be you your selves Iudges: and let the world judge, whether it be fair dealing so to reason in a matter so neerely concerning, the weale of the two Kingdomes, the lives and slates of thousands and ten thousands.

Scotch Papers. Ibid

The place of the Kings residence is at his own Election in either of the Kingdomes, as the exigency of affaires shall require, and he shall thinke fit, or else must be determined by the mutuall advice and consent of both Kingdomes.

Ans. What, more fast and loose still? Sometimes with your consent, and sometimes without your consent, sometimes with the joynt advice of both Kingdomes, and sometimes without it, sometimes with his personall will, and sometimes without his personall will, and now to make all indifferent! What is the meaning of our brethren in this? are they not in their witts, thus to jumble and jump forward and backward, and backward and forward againe, and then to lye all along betwixt both? For by this clause it seemes, that the disposall of his person is indifferent, either at his will, or at the ioynt advice of the two Kingdomes. Utrum horum mavis accipe, one of the twain, chuse you whether, so that if his person be eitherwise disposed, yet by this clause it is justified, the one as well as the other being asserted in that clause: then againe to adde to the number of those jugling Husteron-Proteron trickes, by the position of their order, they make the will of the King predominant to the consent of the two Kingdomes, for if by locall position, we may judge of preheminence, according to our nationall custome, the greater to take the wall of the lesse, then the will of the King is thereby preferred before the consent of the two Kingdomes, for it hath the precedency therein: How ever by that clause they are made of equallity, for they are not urged by the way of disparity, but by the way of equallity therein. Therefore by that clause there is not a pin to chuse betwixt them: So that which is first gone forth, whether his will, or the two Kingdomes consent, that must stand irrevecable, and not to be moved by the other, for could it, then were it as nothing, a meere shadow without substance, for then the absolute disposing were only in one, because if one may depose what the other disposes, then that which disposeth is all in all; and the other hath no will, vote; choice or consent in the thing, but is wholy dependant, and must be subject to the power of the other, which may conclude, order, revoake, and reverse at its pleasure. Therefore from this reasoning of our deare brethren, it followes thus.

1. That this present disposall of his person (being as your selves say voluntary) is irrevocable by either or both Kingdomes, because his will for that disposall was first past forth; which for that matter (as is already proved) by this present ground of yours, is as unalterable as the Lawes of the Medes and Persians: So that it is in vaine for the two Houses of England to expect a delivery of the King of England from the Scotish Armies,; for by this (to make sure worke of his person) they have put themselves out of a capacitie of his delivery upon any tearmes whatsoever: And therefore we may bid our gude King, gude morrow my Leige for all the day, and for ever, Amen Farewell frost, if he never come more, nothing is lost.

2. If by the sentence and judgement of our dear brethren of Scotland, the Kings personall disposall be at his owne Election and Will, and so inherent therein, then by the sentence and judgement of our deare brethren of Scotland, the dislocation of the Kings person by his personall will all this while from the two Houses of Parliament of England, is justified, and our deare Brethren of Scotland thereby made confederate with him, in that act, and so consequently guilty of all the rebellion made by his personall will against the two Houses of Parliament and the People of England.

3. If by the Argument of our deare brethren of Scotland, the King according to the exegencie of affaires may dispose of his person at his pleasure, then by the Argument of our deare brethren of Scotland according to the exegencie of affaires, the King may depart from our deare brethren of Scotland at his pleasure, when, or whether he pleaseth, although his pleasure should be never so pernitious or perilous to our deare brethren of Scotland: for his pleasure may only be knowne to himselfe, and not at all to our deare brethren of Scotland, no moe then it was foreknown (as our deare brethren would make us believe) at his comming to them. Therefore if our deare brethren of Scotland will have him according to the exigency of affaires to be disposed of at his pleasure, then according to the exigency of affaires, our deare brethren of Scotland must run the hazard of his pleasure.

But for be better deciding of the matter about his will, it is to be questioned, 1. Whether since the Covenant and Treaties, either England or Scotland may assert, that the place of the Kings residence is at his owne Election; the which as the case since hath stood, may in no wise be honourably granted, for thereby in all reason it must be concluded, that the two Kingdomes tooke upon them, the sole disposall of his person, without the least relation or respect to his personall wil: For should that not be concluded, then his arbitrary disposal of his person, so many times in open and actuall hostility against the Parliament and people of England were justifiable.

2. It is to be considered, that though before this his hostility against the Parliament and people, he might dispose of his person from White-Hall, to Hampton Court or the like, without the joynt advice of the two Kingdomes, whether now the case be nor altered or no?

3. In regard he hath most properly leavied and made warre against the Parliament and People of England, and in regard the Scotch engagement was but in assistance of their brethren of England, Whether his person thereupon, is not most properly due to the two Houses of Parliament and thereupon they might properly vote the disposall thereof, notwithstanding his King-ship of Scotland, by reason the Offence was properly against them, and a maine end of the war, was to reduce and recover his person unto the Custody and power of the two Houses?

But now whereas you urge his voluntary comming, as if it were only voluntary in him, and not like voluntary in you (which by Covenant, compact and treatie, was not upon any termes or in any wise without our consent to have been by you.) It is a plaine case, that there was a voluntary concurrance betwixt you, even of the Kingdome of Scotland with the King of England, before he had laid downe Arms taken up in Rebellion against the Soveraigne power of his Throne, the two Houses of Parliament, and against the Free People of England, and that absolutely by you, without the joynt advice and consent of the said Houses and Kingdome; for you foreknew of his intent, and were fore acquainted with his comming, before his arrivall at your Armie, and this is not only to be proved from the secret and trayterous Treatie betwixt you and the King, from the latter end of March last, 1646. Managed by the intervention of Montrevill the French Ambassador, and designed in France, but also by what was open, manifest and undenyable. For to omit his foot-steps from Oxford, he came publickly into Southwell, foure miles distant from your Armie, and there was entertained by the said Montrevill, who was deputed and provided to receive him, and forthwith he sent unto your Armie, to informe you that he was come thither, then Lasley your Generall (Metrapolitan over all the Blew-Caps of Scotland) repaired unto him and with him entertained a Treatie, and so he came voluntary to your armie, and there voluntarily ever since doth continue, as you your selves doe confesse. Now let any reasonable man judge, whether here were not a mutuall concurrence of voluntary consent, before his enterance into your Armie without all advice and consent of ours. And whether it is reasonable to imagine, that the King should cast his person voluntarily into the hands of those which were the first commoters and raiser of troubles and warres, entring his dominions of England with open Hostillity, for which he proclaimed them Traitors and Rebells, and now again: stand Traytors and Rebells by his Proclamations and Declarations, and which are still in Armes against him; and by solemne League and Covenant contracted and aspoused to the two Houses of England, in their war-fare against him, without the fore knowledge consent, compact & assurance of your armie and Kingdom; truly for our parts, considering all his politick, subtile, and crafty plots and proceedings, in all his Millitary designes we cannot imagine him so inconsiderate and mad, as to run his person without all assurance, on such a perillous hazard, or play such a card as that at a venture amongst you, without a full fore surety from you, and a compact betwixt you under hand and seale, for his entertainment and successe with you, and if we may judge the tree by its fruits, we are sure it can be no other.

Besides, had you not been concurrent in will with him (contrary to our privitie and consent) he could not have entred, much lesse continued in your armie, without your consent, and whether you would or no. So that indeed and in truth as the matter now stands, betwixt you and us, his comming must needs be reputed and concluded your single act, and neither may we, nor can we esteem it otherwise, for his will or his Action is nothing to the state of the question or difference betwixt England and Scotland in this matter, for you your selves say, (pag. 9.) that, it is cleere from the third Article of the Treaty, that the Scotish armie is to receive the directions of both Kingdomes, or of their Committees in ALL THINGS, which may concerne the pursuance of the ends of the Covenant and Treaty, whether in relation to PEACE or WARRE. In the eight Article, no cessation, pacification, or agreement for peace WHATSOEVER is to be made by either Kingdom or the armie of either Kingdome, without the advice and consent of both Kingdomes. Now deare brethren, by these very words of the Treaty thus cited by your selves, you are by your selves exempted and denyed of all power of intermedling about any thing whatsoever concerning peace or warre, without the advice and consent of the two Kingdomes: If so, then why have you attempted this act of reception and detaining of his person without the mutuall concurrent advice and consent of the two Kingdomes, which so mightily concerneth our weale or our woe, our peace or our warre, for this your seasure of his person in this manner, is of as high and great concernment about the matter of warre, as can be imagined, for it openly and apparently threatneth division and warre betwixt the two Kingdomes; and thereby you your selves are the deviders and threatners, contrary to your old and present asseverations and abjurations: in your booke of former Intentions, thus you assert of your selves,See intentions of the Armie of Scotland, pag. 3. we could iudge our selves the unworthiest of all men, and could looke for no lesse then vengeance from the Righteous God, if we should move hand or foot against that Nation, so comfortably represented to us, in that honourable meeting And pag. 10. Let them be accursed, that shall not seeke the preservatition of their neighbour Nation: and in your former Informations, Declarations and Remonstrances, you have cursed all Nationall Invasion and Treacherie: And now in these Papers you cry, God forbid, that the wayes of separating interests of the Kingdomes, should now be studied, pag. 5. And in the Lord Loudouns speech in the Painted Chamber. pag. 21. That no man hath conscience and honour, who will not remember our Solemne League and Covenant, as the strongest bond under Heaven, between God and man, and between Nation and Nation, &c. Yet these asseverations and execrations, are now made as nothing, and these your strongest bonds between God and man as you call them, are but as Sampsons cords to be burst a sunder at your pleasure, but God will deliver up your strength, if by your timely repentance you doe not prevent the vengeance of Heaven which hangs over your head. For why will you thus fairly professe with your tongues unto us, and deale so treacherously with us in your hearts, why should you receive and entertaine the King and yet protest against all sole disposall of his person? and why should you tell us, that his Majesties comming to your armie, is a more probable and hopefull way to preserve the union of the two Kingdomes, when as your selves see, that it is the most unluckiest meanes of division, and of somenting a war betwixt the two Nations, as Hell could broach: and though the Lord Loudoun breath out your menaces about that disposall, and openly threatneth us with forces from Scotland and Ireland, and with the assistance of forraign Princes, yet all this you would make us beleeve, (were we but as the Horse and the Mule, which have no understanding) is for the stricter and firmer union betwixt the two Kingdomes; but deare brethren we are not so undiscerning and sottish, so to be possessed and deluded. But further in the said pag. you say, because you came into England, for prosecuting of the ends of the Covenant, whereof one is to defend His Majesties person, you thinke it a strange thing, that your being in England should be urged as an argument, why you should deliver up the person of the King, to be disposed of, as the two Houses should thinke fit.

Ans. For the matter of your being in England, we shall for the present referre you to Mr. Chalaners speech: and only consider the reason of this clause, which we conceive to be on this wise, that because you are by the Covenant bound to defend His Majesties person, that therefore you will not deliver up his person, to be disposed of, as the two Houses shall think fit: which is as much as to say, because you are to defend his person, that therefore the two Houses of Parliament are his enemies: which manner of reasoning is as if we should say, because ther were dayly seecret whisperings and wishings at our Queens Court in France, that the King might but get safe to the Scotts, and because the day of his setting forth out of Oxford towards them was fore-known at her Court; That therefore Sebrant the French agent ran up into the Earle of Northumberlands Bed-Chamber, in the morning before he was up, and surreptitiously surprised in his Chamber window; a packet of Letters, (inclosed in a blanke paper superscribed (forsooth for their better conveyance to the Earle) and breake the same open, and said they were his, and so the one peep’d at the other, and saw one another and away hied Sebrant as fast as he could, and carryed with him the whole plat-forme of your—you know what!

Now Brethren, how like you your owne kind of reasoning? Is not this a prittie, kind of Argument thinke you, neady formed after that most hallowed pattern received from the Angel at Le font bleu?

And therefore seeing our Brethren have so far discharged their trust, as (after all their Protestations, Covenants and Oaths to Almighty God, their Solemne League, and Treaty with their Neighbour Nation of England) thus in the field to meet us in this free and brokerly conference with such Solemn Covenant-Logick, we may have doubtless great boldness & confidence, with our dear brethren of Scotland, to pay them in their owne coyne, for current and good Silver, especially considering whose Image and superscription it beateth: So that upon the point (we wish it be not of the sword) we are agreed with our gude Lord Loudoun, to give unto Cæsar the things that are Cæsars, &c pag. 26.

But now since our brethren take upon them in their armies to defend his person, we desire of our deare brethren to tell us, against whom is this their defence? If against us and our armies, then we reply, that if your Covenant now bind you thereto then why did you not by this Covenant joyne armies with them before, in all his Hostility against the two Houses, for by our hostility his person was endangered and subject to the casuality and execution of warre, himselfe in person and in armes appearing against ours?

Scotch Papers Pag. 9.

And whereas it is affirmed by the Treaty, the Scotch Armie ought to doe nothing without a joynt resolution of both Kingmdomes or their Committees; there is no such clause in the Treaty, but they are to be subject to such resolutions as are and shall be agreed upon, and concluded mutually between the Kingdomes and their Committees.

Ans. By this we may see how willing out brethren are to get a creep hole, and how they shufle and cut to strugle themselves cut of the Bryers: But gude brother Jockie be content to stick here a while, for if to their Resolutions (as you say) you must be subject, then you must not be subject to that which is contrary to their resolutions: But your armies retaining of his person is contrary to the joynt advice and consent of both Kingdomes, for as yet both parties are not agreed. Therefore this is a manifest breach of the Treaty; so that (if you wou’d have done as becommeth brethren) you should have stayed first to have heard the joynt advice or consent of both Kingdomes, before you had given him entertainment. For indeed, had there not been mischiefe designed in the thing and intended against this Kingdome, the King (knowing the mutuall obligation, and solemne Vnion betwixt the two Kingdomes, and the mutuall relation he had to them both, and each mutually to him) would (if he had intended to lay down armes against this Kingdome) rather (in this emergency of War) have dsiposed of his person (honoured by both Kingdomes with the title of the King of both Kingdomes) to the Committee of both Kingdomes, wherein the joynt military interest of both Kingdomes is represented, conferd and united, and both thereby incorporated into one deputative body, and as it were both made flesh of each others flesh, and bone of each others bone, that so in that, one act and at one time both Kingdomes equality and respectively would have received their King of each Kingdome, though presented in one person, even England and Scotland have received and kept the King of England, and the King of Scotland in that their entertainment of his person for the better disposall thereof by the Parliaments and Estates of both Kingdoms (being conquered by the mutuall force & conjunction of their armies) for then neither Parliament, Kingdome nor Armie had acted singly or divided, but it would been absolutely an act of both Kingdomes: This we say, he rather would have done, then in this factious divided nature to have thrown himselfe upon one Kingdome unknown to the other, and without the others advice and consent, had it not been on set purpose to have cast a bone of division betwixt them; that both He and your selves by joynt occasioned faire opportunity might compasse your designes to subjugate the neckes of the Freemen of England to your Scotch Monarchicall Yoake of Bondage (in gendering strife.) And you your selves, had your intentions towards us been upright; should rather have referred him to the said Committee of both Kingdomes, then thus to have attempted the receivall of him by your own millitary power, which was a desperate thing; however in case unawares he were received, yet you might ere this, knowing the mutuall and joynt interest of the two Kingdomes so well as you doe, and seeing it raiseth such jealousies, and is likely to occasion such a desperate and bloody division betwixt us, you might ere this have delivered, or at least proposed the resignment of His person, if not to the two Houses, yet to the custody of the said Committee; to whom indeed naturally and properly (as the case now standes betwixt the two Kingdomes, he belongeth) (no joynt power of the two Kingdomes but that being extant) to be by them retained till the joynt consent and determination of both Kingdomes.

You tell us that at the hearing of the martch of Sir Thomas Fairfax his Army marching Northward, you removed yours into York-shire, for preventing mistakes or new troubles between the Kingdomes (page 9.) but were you so cautions thereof as you pretend, you would not have thus highly erred in the maine, and then face us with trifles: brethren, we have been a little to much acquainted and cheated with such guilded pretences as to rest content with a flap in the mouth with a Fox-tayle: It is not your candor freedome and plainnesse as becomes brethren which you tell us of (page 1.) in words what will satisfie us, if in deeds you deny us; Wee know you tell us he came valuntarily and continues vluntarily, and you doe not hinder him from comming to doe the duty of a King amongst you: which words indeed beare a spetious shew; but Brethren we are not so undecerning and ignorant as to conclude all is gold that glisters; but these your serpentine delusions, puts us in mind of the trick you put upon us about Mr. Ashburnhams escape; for in a paper from the Commissioners dated 25, of May 1645. the Lords of the Committee of New-Castle tell us, that directly, nor indirectly they had no hand in Mr. Ashburnhames escape; which by interpretation is as much as to say, that directly you had no hand in it, but indirectly you had; sot after our English Ottography two negatives make an affirmative, and Nor and No are two negatives cupled to one verb, and therefore must needs make it affirmative: but we will returne from this quirke to the matter in hand.

Now though you say, there was not any such resolution between the Kingdomes or their Committees, as, that the Scotish Armie should not receive the King if he came unto them: Our answer is, that it doth not therefore follow, that therein you may doe singly as you list; for you were obleiged in all things, whether in relation unto peace, or to warre, not to make any cessation, pacification, or agreement for peace whatsoever, without the advice and consent of both Kingdomes: And you your selves say, your Armies are to be subject to such resolutions, as ARE and SHALL BE agreed and concluded upon mutually between the two Kingdomes and their Committees. So that although neither present or future resolutions concerning unknowne matters to come be expressed (as indeed are impossible) yet therefore you have not the liberty to doe what you list, or to anticipate their resolutions with yours, for then Agrement, compact, and Treaty, were to no purpose at all; but you were strictly bound upon penalty of breach of Articles, first, to have knowne the joynt advice and consent of the two Kingdomes, or their Committees in all things whatsoever, whether for peoce or for warre; especially in a thing of so great and so high concernment, as to Treate with, Receive, and entertaine the Kings Person, though notwithstanding he should come voluntarily to you, for the matter is all one in the nature thereof, whether he come to you, or you goe to him: treating with, recieving and entertaining, without a joynt advice and consent (let it by what other meanes soever it be) is the maine thing which those Articles respect: for indeed that is, as absolute treating, cessation, and pacification with the King on your behalfe as can possible be: and therefore whereas you say, that you were not to impede, or restraine the person of the King from comming and doing the duty of a King amongst you, and thereupon have answerably received him; thereby you hold forth, and confesse a compact and conclusion of peace with him: for if you receive him to doe the duties of a King amongst you, and that without the joynt advice and consent of the two Kingdomes or their Committees; what is this other then to pacificate with him without their joynt advice & consent? but more of this by and by.

Besides if you will make an exception, because it is un-expressed in the Treaty [that you should not receive the Kings Person if he should come voluntarily to you] then may you as well except against all the resolves and results of the two Kingdomes and of their Committees, that therein are not expressed; and so confine all to the very letter of the Treaty, and utterly take away all liberty and power from the two Kingdomes and their Committees, of further advising, consenting, o resolving.

Scotch papers page 10.

Scotland: The Scotch Army neither hath nor will take upon them to dispose of the King, he came unto them without capitulation or Treaty: his residence with them is voluntary and free, and they doe nothing which may hinder him to come to the two Houses of Parliament.

Answer.

England: Whither now Jockie? Hoyt—Hoe—Hause—Ree—Gec—Hoe—Jockie: What? neither backwards nor forwards, one filde nor the other! Riddle me, Riddle me, what’s this? You’l nether have him, nor be without him; neither keep him, nor deliver him: a pritty parodox! for you will not take upon you to dispose of him, and yet you will keep him nor will hinder his comming to the two houses of Parliament, and yet will not deliver Him: for his will in this matter of keeping and delivery is not at all respected in the Treaty and compact betwixt the two Kingdomes, but only the Act or Acts of the two Ringdomes, Therefore, what is this else but to say, you will, and you will not? you will neither receive him, nor will refuse him; you will not deliver him, nor will you keep him.

Now whereas (as you say) you are so willing that he should come of his own accord to the two Houses, and you would not hinder him: Wee pray you tell us whether you would suffer him, provided his intent were unknown unto your Or whether you would judge it sutable to the interest of Scotland, that the two Houses or their Armie should receive him upon such termes? Doubtlesse you would hinder the one and condemne the other; for no reasonable man can judge otherwise by your present practice and papers, you have received him without the consent of the two Houses and (as you would make’s beleeve) without any fore knowledge of his intent at his comming, therefore are not your selves condemned by your selves? even justifyers of that in your selves, which you would condemne in others?

But you say, he came to you without capitulation: If so deare Brethren, then why did Montrevill goe before hand to Lestey’s Army to take order for his reception there? And how came the King to have the faith and honour of the Scots engaged to him in the businesse of the Militia? How came the information of Thomas Hanmer, June 12. 1646. (at the Committee for the Army, and after reported to the House of Commons) since by experience to have been confirmed in the most perticulers thereof? wee could be much more inquisitive with our Brethren about this matter, but it may be they have learned of Lieutenant Col. John Lilburne and Mr. Overton the two prerogative Archers of England, and of some othery, not to answer to interrogatories concerning themselves, and therfore we shall forbear at this time further to question the faith and sincerity of our Brethren in this particular, only wee shall desire (because our Brethren in their papers are verbally so tender over the Harrassed, oppressed, plundered North) wherefore besides the extraordinary losses and charges thereof, their ordinary cessements where the forces are quartered are levied and paied after the care of obout 140000 pounds a month upon the whole County, which is twenty times so much as they ought to leavy by the Ordinance of Parliament, as appeares by a Letter June 26. 1646. from sundry of the Committee of Torke to the Commicee of the Lords and Commons? Wee will assure you Brethren, that this dealing together with your severall rapes, murthers, oppressions & abuses which hath bin & are dayly acted upon the well affected in those parts, are farre from the first professed intentions of the Scots Army at their first comming into England 1640. Where page 11. you doe declare that you would not take from your friends and Brethren of England from a thread even to a shoot latcher, so that our Brethren are not the same, or else they are much changed, for from the beginning it was not so; however, this will we say of our Brethern, that as (they tell as page 6) that the Oath communicated to them for the disposall of the Kings Person by the two Houses may suffer a benigne interpretation, and be understood of the disposing of the Kings person favourably and Honourably; yet as the words stands, they are comprehensive and capatious of more then is fit to be expressed; so answer we our Brethren, that though their unreasonable cessements, their dayly rapes and murthers, robberles, oppressions & insufferable abuses upon their dear Brethren and sisters in the North may out of a Brotherly construction receive a benigne interpretation, and be understood but as escapes of their Armie, yet as the deeds so stand, they are comprehensive and capatious of more then is fit to be done.

And therefore deare Brethren, we cannot but justly wonder why you should be so unbrotherly and unkind to your Brethren of England, notwithstanding these great oppressions of yours upon them, now to capitulate with them for such vast sommes of money, and that upon such high termes as not to surrender their Garisons and quit their Kingdome of your Armies, without, 100000. pound downe in your hands: Indeed Brethren let us tell you, wee can judge it as yet, little beter then invasion upon our Land, to capitulate with us upon termes, before you will resigne us possession of our owne Garisons, Forts, Castles Countrys &c. for upon no termes whatsoever have you any right or property unto any of the Forts, Castles, Garisons, or Countries of the Kingdome of England, or in any wise to attempt possession therof, or upon any termes to refuse the resignment thereof for so long and so much are you invadors of our Land; for not an hare breadth of England nor a Minutes possession thereof is yours by any legall, equall, or National Right, except you will say, that you our Brethren of Scotland are now become Kings of England; and indeed your actions and usurpations are equivolent thereto, for as well, as to doe what you doe, you may possesse it for ever, and make invasion upon the rest of our Land, for protraction of time and increase of quantity cannot alter the equity of your title, it being as much to the whole Kingdome as to a part, and as well for ever as for a minute: But indeed and in truth it is neither in the one or yet in the other.

But you tell us, pag. 16. Reasonable satisfaction must be first given to your Armies for their paines and charges, before you will surrendey; Why, brethren must you therefore take possession of our Garrisons, Castles, &c. Because in equity wee are bound to give reasonable satisfaction to you, for your mercenary assistance? Our Garrisons, Castles, Forts, Countries, &c. were not put into the bargaine, neither were they ever as yet set over to you, as a pledge for your paiment, but notwithstanding Covenant, Treaty, or any other obligation whatsoever betwixt us, they are still the absolute interest and propertie of England, which by this your refusall, to quit them, is absolutely invaded and usurped: and your continuance of their possession upon those Tearmes, is a continuance of hostile invasion and incursion upon England. And is as much as if you had entred by force, (for Dolus an virtus quts in hoste requirit?) it is all one to the nature of the thing, whether by force or by politick deceipt, for both can be but possession, so that this your possession of our Countries, Castles, &c. under the colour of expectation of pay before you depart, is in the nature of the thing as absolute invasion and incursion, as if you had entred and over run those places by force of Armes. For though we be bound to give you reasonable satisfaction, yet by that obligation, we are not bound to forfeit our Garrisons, Castles, Countries, &c. into your hands, till it be given: We will grant you that reasonable satisfaction is due; but what is that? whether a certain summe of money, or else our Garrisons, Castles, Countries, &c? Your selves only make claime to the first, and therefore, and in respect of our owne interest, we will be so bold as not to disdaine and yeeld up our right in the second upon any pretence whasoever. And in case reasonable satisfaction should be denyed, it could be but a falsitie and breach of faith, it would not therefore follow, that our Garrisons, Castles, Countries, &c were become forfeit into the hand of our brethren the Scotts: Or because we should doe evill, it doth not therefore follow that they should doe evill for evill againe: for that were contrary to sound doctrine and the power of Godlinesse, a clause of the second Article in the Covenant from which our brethren tell us, that no perswasion terror, plot, subjection nor combination, shall never directly nor indirectly withdraw them: and in this Covenant there is no such clause expressed, intended or implyed, that in case we should not give them satisfaction according to agreement, that then our Garrisons, Castles and Countries should be forfeit to our brethren of Scotland. Therefore if you would but deale friendly and as becommeth brethren (whereof you make such profession) with us, you would not take advantage at your brethrens necessitys to deale thus unkindly and unbrotherly with them (as if they had entertained so many Turkes, Pagans and Insidells into their bosomes in stead of brethren) as to sease upon their possessions, their Garrisons, Forts, Castles, Countries, &c. because this reasonable satisfaction cannot he provided as soon as you would have it, and as they desire and endeavour it. This is not a doing as you would be done to, this is no brotherly bearing of one anothers infirmities, or of one anothers burthen; but in stead of a brotherly casing, this is an unfriendly oppressing, besides the great Scandall it casteth upon your brother Nation of England, as it the Parliament and People thereof, were so unfaithfull, unnaturall and false hearted, not to be trusted upon their faith and honour with their brethren of Scotland (with whom there is such obligations of unity and brother-hood) for the palment of the said sum of money, with their utmost expedition, doubtlesse we should never have been so ungratefull and unfaithfull with our brethren as to have dealt unjustly with them therein.

But we are afraid, that this money demand, was but a forraign invention to catch us upon the lurch, supposing by reason of the unreasonablenesse of the matter, and the invasive manner, thereof, the two Houses would not assent thereunto: and so by such meanacing provoking Tearmes as the detailing of our Garrisons under the pretence of acquiring reasonable satisfaction, to pick a quarrel with us, or else you would not thus have demanded the same upon such high provokating Termes, nor detaining of our Garrisons, Castles, Countries, &c. for to deliver them unto us, you will not till you have money.

Yea, you tell us, that if the 5000. l. at Nottingham already accounted unto you with some other competent portion of money be not sent unto your Armie, you must be forced (forsooth) to enlarge your Quarters for the ease of the countrie, so that we plainly see by this liberty of enlargement which you usurp unto your selves, that you intend that your inlargement of your Quarters shall be as large as our Bounds in the case of procrastination, and all under the colour (for sooth) of easing the country Indeed brethren by that meanes you would case us of all. But if in your Hearts you be intended to case us, then why doe you not rather tell us that you will enlarge homewards, to your owne native Country, for that were indeed an Easement; this is but a further inlargement of our burthen, but we know your meaning by your gaping: Gude brethren doe not thus take advantage at your brethrens neceffities at becometh brethren we tell you, it doth not become you to deale thus unkindly with your brethren: for it is an unnaturall, unbrotherly part, to make a prey of their extremities. Yet here is not all they say of this matter, for they menacingly tell us, that inrcase Sir Thomas Fairfaxs Armie shall march Northwards, that their Scotish Armie shall enlarge their Quarters Southward, whereby (they say) it is easily to beseen, that those Kingdomes may unhappily be againe embroyled in new and greater troubles then yet they have been. Now how can we judge this otherwise, but as a shaking of the sword over our heads? a dare, a threat even as much as to say to our Armies, come Norwards you dare, And if you doe, we will advance Southward, and then you may expect greater broyles and troubles then ever: but brethren, for the love of God, and the peace of the Kingdomes, forbeare such threatning language for the future, that wee may live together as brethren in love, peace and tranquillity: For brethren we doe assure you, that evill words corrupts good manners, trend on a Worme and it will turn againe, and surely Englishmen have as much courage as Wormes.

And now that you see that the two Houses have conditioned to your demands, you enter into dispute with us about the disposall of the person of the King, in such a manner as is not possibe in honour and justice for this Kingdome to accept off and you propose wayes and meanes of delayes and protraction of time, at sending of Commissioners againe unto the King in the name of both Kingdomes, with Power to beare his desires and the like, when as indeed the matter belongeth to them joyntl to advise determine and conclude how they will dispose of him, and what they will compell him to doe, being conquered and fallen into their hands, therefore sending to, or treating with him now, is beside the matter in hand, so that those various Devices of yours, give us great cause of suspition and jealousies of you, that these, are but wayes to beare us in hand for the better facilitation of your design. But we should be glad to heare of your innocency of those things, and should be willing to judge better of our brethren, but they must excuse us, if we judge the Tree by its Fruit, and may rather blame themselves for bringing forth such fruit, then us, forth judging, when it is brought forth. Therefore to remove all Temple and difference from betwixt us, we desire them to let their good workes so shine before men that we may justly say, that God is in them indeed, and that they are our faithfull Brethren and friends who are resolved to live and dye with us in the better Sense, though we are now iustly afraid of the worst.

FINIS

Errata, pag. 6. for you your selves, read your selves, p. 7. l. &illegible; for &illegible; &illegible; &illegible; &illegible; p. 8. l. 10. for proceeding r. proceeding, p. 9. for and &illegible; &illegible; &illegible; c 1 a. for my Lord of Northumber land, r. Genney with the wish, p. 16. &illegible; &illegible; &illegible; for some of your armies some Regiments in your armie, Of these and &illegible; other &illegible; &illegible; &illegible; the Author &illegible; the Readers favourable correction and &illegible; &illegible; &illegible; &illegible; &illegible; &illegible;

 

 


10.9. [Overton or Lilburne], A Reall Persecution or, The Foundation of a general Toleration (13 February, 1647)

Bibliographical Information

Full title

[Overton or Lilburne], A Reall Persecution or, The Foundation of a general Toleration, Displaied and Portrayed by a proper Emblem, and adorned with the same Flowers wherewith the Scoffers of this last age have strowed their Libellous Pamphlets. Collected out of several books of the Sectaries to discover to world their wicked and abusive language against godly Presbyterian Ministers.

London, Printed for J.H. and are to be sold in Popes head Alley, 1647.

Estimated date of publication

13 February, 1647.

Thomason Tracts Catalog information

TT1, p. 494; 669.f.10 (114.)

LWV

T.91 [1647.02.13] (10.9) [Overton or Lilburne], A Reall Persecution or, The Foundation of a general Toleration (13 February, 1647).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Esay. 18. 22. Now therefore be ye not mockers, &c. 1 Pet. 3. 13. And who is he that will harm you, if ye be followers of that which is good. Vers. 14. But to you that suffer for righteousnesse sake, happy are ye, be not afraid of these men nor troubled. Vers. 16. Having a good conscience that whereas them that thus speak evil of you at of evil doers, they may be ashamed that thus falsly accuse you, &c.

1. MArtins Eccho, pag. 16. Loving friends and neighbours, stand still gaping with your mouths open, and quietly bow down your backs whilst you are bridled and sadled, and let the holy humble gentle Presbyterians get up and ride, &c.

2. They le deal very gentle with you, though the Proverb be, Set a beggar on horse-back and he will ride to the Devil.

3. Though they have spurs, yet they will not use them; yet if they do chance to gall your backs and shoulders, and force you to cry out, &c.

4. Then you shall have liberty to leap out of the frying pan into the fier, by making your appeal to the Common-councell of Presbyters.

5. Here you shall have Rehoboams answer, our fathers the Bishops chastis’d you with whips, but we will chastise you with scorpions, &c.

6. For the same power which was lately resident in an Arch-bishop, is inherent and of divine right in every Presbyter.

7. Hath not the Protestant Religion been lockt up in the brest of the Assembly.

8. Hath not your Faith been pind on their sleeve, and you must take the result of them whether it be right or wrong.

9. You have ingag’d to suppresse Prelacy, High-Commission, &c. thus you have beat the bush, but the Presbyterians have caught the bird.

10. Thus to shun the smoak, you have leapt into the fier.

11. Pag. 7. 8. Be ye mounted upon your great Horses, that trundle you to and fro from London to Westminster.

12. Mount all your Cannons, and advance like mighty men of valour, &c. even whole black Regiments of you into the Fields.

13. Pag. 21. Presbytery is but a shift at a pinch, what good the Devil will have of it, I know not.

14. Who knows the luck of a lowzy cur, he may prove a good dog.

15. Pag. 5. 6. Sir John Presbyters life is like neither, to be long nor good.

16. He will be brought to some sudden untimely end, perhaps to hanging.

17. Presbytery shall have but a short time to do mischief in, and then the people will sing, Hey tosse the Devils dead.

18. The Synod shall speedily be dissolv’d, and the Devil chaind up.

19. Rejoyce oh England, Presbytery shall shortly have never a child to vex thee, or to suck up thy fat.

20. Then farewell Assembly of Divines dissembled at Westminster, Sir Simon Synod and his son Presbyter Jack.

21. Pag. 5. The barbarous Caniball Sir John Synod, &c.

22. Let him suffer his teeth and nayles to be pluckt out and cut off by an Independent Barber.

23. That hereafter he may never bite or scratch more.

24. Well Sir Simon, if you will not mend your manners, Martin will observe all your postures.

25. An Martin will set Christopher Skale-skie, Rowland Rattle-priest, Martin Claw-clergy, and Bartholmew Bang-priest upon your back.

26. And in time these will pull down your Synod, and your sphear about your ears.

27. Behold a Troup comes, Sir Simon Martin is of the tribe of Gad.

28. Though a Troup of Sir Johns overcome him for a time, yet he will overcome him at last.

29. Martin is resolv’d to jeet you out of your black Cloaks and Cassocks.

30. Martin intends no longer to dally with you, but to handle you without mittins.

31. He’le thwack your Cassocks, and rattle your jackets.

32. He’l stamp upon the panch of your villany, and squeeze out the garbidge of your iniquity.

33. He is resolved to beat you and your son Jack into a mouse hole.

34. Ther’s not a man of Martins, but is a man of valouri and mettall.

35. These all hate a Tithe divouring Priest, as they hate the Devil.

36. You stif necked Priests, turn to Martin, lest his fierce wrath confound you and your whole posterity.

37. Harken you rebellious Assembly to Martin, and persecure no more.

38. Persecution hath a thousand Jack-tricks to block up all passages, and stop all mouths.

39. Pag. 2. He turn’d Reverend Imprimatur, and here was all as sure as the Devil and Presbyter could make it.

40. Pag. 14. We imploy Doctor Featley’s Devil to make up a Description of the Anabaptists.

In the Nativity of Presbytery.

41. That the Devil made the urchin Sir John Presbyter an abject, a fugetive newly come out of Scotland.

42. Pag. 5. Like his father the Devil, he delights in black.

43. That he is fitter to be a weather-cock, then a Divine.

44. Onely the evil spirit of Mercury presents him to be the Devils goathead.

A Pamphlet against Tithes.

45. The sabred Ordinance of Tithes was wisely thought on before the Directory.

46. Because he is worse then an Infidel, and denies the faith that provides not for his Family.

47. My Lord the Defendant, smels of a fat Benefice.

48. See, his pockets are full of presbyterian Steeples, the Spires stick under his girdle.

49. Ha, ha, ha, Instead of weather-cocks, every Spire hath got a black box on it.

50. Instead of Moses, Aaron, and the two Tables, we shall have Sir Simon, and Sir John, holding the late solemn League and Covenant.

51. And then that spotlesse sacred Ordinance of Tithes, the two Tables of our Presbyterian Gospel, painted on all the Churches in England.

52. O brave Sir Simon, the bels in your pockets chime all in; ours chime all out.

53. I pray you give us a funeral Homely for your friends before you depart, here is twenty shillings for your pains.

54. Tis Sacriledge to bring down the prise, as it was in the beginning, is now, and shall be ever more, world without end.

55. Our temporizing Doctors are not so simple to swim against the stream.

56. Their Religion moves upon the wheel of the State.

57. I would your Lordships would call in your Ordinance for Tithes, and turn them to the peoples good wils.

58. Then we should have a tithe Pig sold for a peny.

Sacred Decretall.

59. The Ordinance permitting none to Preach but such as are Ordained, is a Patten of the Spirit worse then the Monopoly of Soap.

60. Therefore we wisely consulted of a Committee of Examination to be chosen out of us.

61. It must not be esteemed a Court of Inquisition, that’s Popery.

62. Onely an inlet to a thorough Reformation, that’s a goodly name, may do much good.

63. O ye two houses of Parliament, make an other Ordinance, that all the martins may be made to fly the three Kingdoms the next Midsummer with Cuccoes and Swallows.

64. That so we may have a Blew-cap Reformation, amongst bats, owles, jackdaws, & woodcocks.

65. Then Blew-cap for us.

A Bil given up at M. Calamy’s Church as followeth.

66. You are desired to remember the Priest-Ridden-slaves that went about to gather hands for the disbanding, Sir Tho. Fairfaxes Army.

Reverend Assembly, up arise and jog,

For you have fairly fisht, and caught a frog:

Now you have sate four years, pray can you tell

A man the way, that Christ went down to Hell.

In these two years, what can a wise man think,

That you have done ought else, but eat and drink;

Presbytery climb’d to the top of fame,

Directory and all from Scotland came;

O monstrous idlenesse, alack and welly,

Our learned Clergy mind nought but their belly.

Iude 17, 18, 19.

Beloved, remember the words that were spoken by the Apostles and our Lord Iesus Christ.

How they told you there should be mockers in the last times, who should walk after their ungodly lusts.

These are they that separate themselves sensual having not the spirit.

These are they that make it their common practise and delight to cast reproach and contempt upon the Gospel, and the faithful Messengers and Ministers thereof.

London, Printed for J. H. and are to be sold in Popes head Alley. 1647.

 

 


10.10. [Richard Overton], A new found Stratagem framed in the old Forge of Machivilisme (4 April, 1647)

Bibliographical Information

Full title

[Richard Overton], A New Found Stratagem framed in the old Forge of Machivilisme, and put upon the Inhabitants of the County of Essex. To destroy the Army under his Excellency Sir Thomas Fairfax, and to inslave all the Free-born of England on a sudden: Manifested and laid down, in certain animadversions, upon a Clandestine, illegall Petition, contrived, made, and privatly printed, by a destructive party in London: and then by them sent down to the Ministers of the county of Essex, to publish as on the last Lords day, 4. April, to the people, with directions to take their subscriptions in two sheets of paper: which being done: So many of the Subscribers as can, are to be desired to meet at Stratford Langton, the 18. instant Aprill, and so to come and present the same to both Houses, as the Petition and sense of the whole County : whereas it was never propounded to the County, nor ever heard of among them, before it came down ready in print, from London, to be published by their Ministers, in there severall parishes. With certain Observations and Cautions on the same, conducing to the information, and publick good of the whole Kingdome.

Psalme 37.12, 13. The wicked plotteth against the just, and gnasheth upon him with his teeth· The Lord shall laugh at him: for he seeth that his day is comming.

Published principally for the Meridian of the County of Essex, but may serve for all the Counties of England, 1647.

Estimated date of publication

4 April, 1647.

Thomason Tracts Catalog information

TT1, p. 503; E. 384. (11.)

LWV

T.94 [1647.04.04] (10.10) [Richard Overton], A new found Stratagem framed in the old Forge of Machivilisme (4 April, 1647).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

A new found STRATAGEM:

Framed in the old Forge of Machiavelisme, and put upon the Inhabitants of the County of Essex:

The which intended, Clandistine, dissembled, deceitfull Petition, (not more spetious then treacherous) is as followeth, viz.

To the right honourable, the Knights, Citizens and Burgesses, Assembled in Parliament

The humble Petition of the Inhabitants of the County of Essex.

Humbly sheweth,

THat in alexigencies having freely, & with the first engaged themselves to the uttermost hazard of their lives, and exhausted their estates, for the support of the Kingdome, in its native rights, and liberties, & by the blessing of God, the successes have been answerable in some degree to their desires, by which we sit in peace and your selves in security, with a full possession of the hearts of the people, and now scaring least by the miscarrying on, of the military charges beyond the necessity of the worke, and the ability of the people, now much weakned by a dearth, sharper then the late devouring sword; you should hazard the losse of your selves, and friends, not so much the alienation of their affections (which yet. Is not to be neglected) as their disablity to serve you which may arise from the Army now on foot, after six moneths cessation of all hostility here, and so bleedingly called, for to the saving of another Kingdome:

And also from so numerous a party in this County, shortly by their quarters like to equall all precedent charges, and to surmount the worst, and heaviest of our former taxes, especially by the manner of being imposed on us

Your Petitioners doe humbly offer to your prudence, the speedy disbanding of the Army, as a plenary expedient against the worst, that in generall may be feared by you and us, and there-movall of it from the County, by which you shall continue absolute Masters, and disposers of them, and theirs in all your pious and faithfull undertakings for the future; and that God will assist you for all your safeties, it shall be the dayly prayers of your Petitioners.

Certain Animadversions and Observations upon the said Petition.

O Foolish men of Essex! who hath be witched you? yee did run well, who hath hindred you? for indeed ye were with the first, and most forward, in assisting the Parliament, for the recovering and regaining our then lost Lawes and liberties and (to your everlasting same be it spoken) yee have (according to the narrative part of the Petition) both hazarded your lives, and exhausted your estates, in the common cause of the Kingdome; but yee are not alone. And will yee doe and suffer all these things in vain, if it be yet in vain? Will yee now foolishly (through the delusion of a treacherous party of corrupt members in both Houses, and covetuous ambitious Clergy, who seeke by &illegible; words, and false pretences to insnare, and inslave you, and to make themselves Lords over you) deprive your selves of all the blessed fruits which yee are likely, and may (by Gods blessing) suddenly reape and enjoy? if yee your selves doe not let, by being induced causlesty to Petition: or act, for the disbanding of that Army, by whom God hath given you such answerable successes as your selves mention, and caused you as yee confesse) to sit in peace, and the House in security, in which your free acknowledgment, I acknowledge you, farre more noble then the House themselves; for instead of giving God so much glory, or shewing themselves so much as &illegible; thankfull, by any such acknowledgement, they committed Major Tewledy the other day, only because he told Hollis Earle, and others in effect, the same thing.

And whereas it is said in the pretended Petition that the Parliament is in full possession of the hearts of all the people, how true this claw-back insinuation is, I appeale to your own hearts and aske, whether yee do not heare more clamours and complaints then ever heretofore, and doe not see more injustice, cruelty, and oppressions exercised and executed by the Parliament, then ever was by the King, and feel more abundant, and heavy pressures and impositions laid upon you, (even to your necessary food and raiment, and the fruit of your own laboures) then ever were in the worst of former times? so that the people, abhor them and all their actions, they are weary of their burdens; and how then can yee affirme that the Parliament is fully possessed of the peoples hearts, when as they are rather possessed of their hates?

As for that subtill suggestion of feare, in which is implied a specious pretence of a care to avoid a future inconuenience, viz. least by carrying on the Military charges beyond the necessity of the worke (as if there were now no need of the Army, and that if it was disbanded, yee should be troubled no more with such military taxes and charges) and the ability of the people, (as if Essex was so poore and eaten up, which hath been least troubled with quartering) now much weakned with a dearth (not more I hope then other Countries (sharper then the late devouring sword (God for bid, doe not bely God) you should hazard the losse of your selves and friends, and not so much the alination of their affections, as their disability to serve you &c. It is both groundlesse and senslesse for if this Army were now disbanded, the Parliament would still carry on the military charge, by raising them another in this Armies stead, and to that end they have both nominated certain officers which they intend to imply therein, and voted the raising of 60000 l. a moneth to maintain it and the forces in Ireland: So that the taking away this Army, will not take away the military charge from you, and the Parliament it seems would never the lesse hazard the losse of your good affections, and ability to serve them, and therefore yee may even spare that your great care for them, and it is very probable you may suddenly (if you doe not already) find that they have no such great care of you.

And where it is said that by quartering so us any of them, their quarters are like shortly to equall all precedent charges, & to surmount the worst and heaviest of your taxes, especially by the manner of their being imposed on you: Your Taxes sure have either been few, and very small in respect of others, or else the quartering of this Army which is (as I have heard) content with ordinary provisions, and will not abide I am confident longer then is convenient with you, and payeth quarters so often as it receiveth pay, cannot amount to such your incomparable prejudice, as those high and &illegible; expressions (of amounting and surmounting) doe sound forth, and import: and as for the manner of their being imposed on you, I doe beleeve it is neither forceably, nor disproportionably: but this particular his Excellency Sir Thomas Fairfax, their Generall (who was never yet taxed for any irregular quarterings) can more distinctly answer; and so I have done with the narative part of your pretended, or intended Petition.

Now whereas in the conclusion, or Petitionary part, &illegible; are humbly to offer the speedy disbanding of the Army, as a plenary expedient, against the worst that may in generall be feared by you and them, and to have it removed out of your County, that so the Parliament (as yee must say, but I hope doe not wish) may be absolute Masters and disposers of you and yours for the future &c. I would have you observe that here is a dainty gul, a notable peece of machiavilisme put upon you, not only to make you the instruments of removing those, who as they have redeemed your rights and liberties, are also ready and willing, and the principall meanes, as the things now stand, to defend and maintain your liberties, and to keep you and yours from sudden vasalage and slavery; but also in plain termes voluntarily to offer your selves slaves; as, that the Parliament shall be the absolute Masters and disposers of you and yours: I hope yee know better what belongs to your own inherent power and native rights, then to make your servants your Masters, or so to own them: &illegible; to let your Stewards, have absolute command over you, and all you have; who by the duty of their places are to give you an account of what they have done for you, and how they have disposed that they have already had of you: Thus much for the opening of the Petition: And now I will shew you the illegality, inequality, and ill consequences thereof, if yee be so &illegible; as to subscribe the same, and proceed therein.

1. For the illegallity: That which is to go under the name of a County or Corporation ought to be first publickly propounded to all the Inhabitants of that County or Corporation, that there may be a generall meeting, debate, & consultation about the matter intended, and to be concluded, by & among themselves: Otherwise it is clandestine, and surruptitious comprehending rather faction, then publick concurrence & therefore may justly be rejected: And such is this Petition, For it was never publickly propounded, nor debated, or consulted by the Inhabitants of the County of Essex, but was (as manifestly appears) secretly devised, and framed by a private party, of Lords and Commons, yea, and ready printed, before the matter was either made known or published among you; and then it was sent down to the Ministers to publish on the fourth of this instant moneth, with order to take your subscriptions in two &illegible; of paper, now is not here an obtrusion on your priviledges and immunities, and an illegall, unjust and indirect course used, both in the framing of this petition, and getting your subscriptions? (even just such meanes as Parliament men, &illegible; in the elections of new members) and therefore it is not to be accepted, but the contrivers ought rather to be found out and punished; and again it wants one qualification, which is especially &illegible; in all Petitions, and much more in such as &illegible; the publick, and are presented to the Parliament, that is necessity of the thing desired, but this is &illegible; &illegible; &illegible; a necessary petition for, if the Parliament intend his Army (as they say) for Ireland it is much more necessary to keep them in a body intire, then to disband them; for then they will disperse, and most will depart to their own homes, and never goe upon the service: and in case they doe nor intend or &illegible; &illegible; shall goe for Ireland, then it is as needfull to keep them together, for seeing that the Parliament doe conclude that there is yet a necessity of keeping up an Army still within this Kingdome, is it not better (I pray you) to have this Army which wel know, and of whose fidelity and Christian behaviour &illegible; have &illegible; such sufficient experiment &illegible; continued, &illegible; &illegible; &illegible; raised, of I know not whom and what? &illegible; &illegible; be of such as the generall part of the Earle of Essexes, or Massies Brigade, and others were; whose ill manners, besides other unseen all consequences yee wil unhappily find to be a &illegible; our &illegible; in comparison of the present Mole hill &illegible;

And now for the inequality of this Petitions &illegible; &illegible; mighty earnest desires to have this Army speedily disbanded, seems to complain greatly of their quartering but never moves or mentions one word that their arreares may be &illegible; them, or that from henceforth more constant &illegible; may be made them, that so they may for the &illegible; pay their &illegible; better. Have they deserved for all they have done (&illegible;) for you, and the whole Kingdome, no better reward, then to be disbanded and turned off with &illegible; &illegible; &illegible; so much as their &illegible; (&illegible; price of the &illegible;) &illegible; &illegible; yours? Is this equall? Are yet also unjust and &illegible; &illegible; your daily Thresher, your plow-man, and &illegible; &illegible; &illegible; their will be contented with the like dealing &illegible; &illegible; &illegible; yet, &illegible; them be, comforted. God is their &illegible; and their great reward.

As for the evill consequences of this Petition (or of the like) &illegible; yee should persist and proceed therein, and &illegible; it should (as it ought not to) be granted, they are &illegible; &illegible; more then I or you, or the most part of this blind Kingdome, &illegible; &illegible; &illegible; &illegible; see or &illegible; but I will only &illegible; at &illegible; &illegible; or two, and so commend all to the judgements of the world and your consideration.

By all appearances (and to me it is visible) that there is a strong endevour and designe by a company of false, traiterous, and deceitfull men; in both Houses of Parliament, and of proud, coveteous Priests, who have combined in one, for the accomplishment of their owne domination & power over us, suddenly to inthrall & inslave us; that so they may keep their abominable actions from being questioned, and themselves from deserved shame and justice, and there is no let for them in the way to it but this Army, the which they know right well will not be corrupted, but doth expect to have their Oathes and Declarations fulfilled, and therefore doe these ill men work by all means possibly to disband and dissolve it, and in particular by the contriving and sending you this Petition to own and subscribe, that they may take thereby a seeming just cause, as desired of the Country, to proceed in their distructive purpose, the which if they can bring to passe, then will they raise up an Army of wicked men, ready, and reserved for that end, which shall be a standing Army for their defence, in the execution of all their injustice and oppressions, and by the helpe of the inland Garrisons (whereof I am sure there is now no need) will they tyrannize (not like Lords and Kings, but worse then either great Turke, or grim Tarter) over us: and and where then I pray, is our Lawes and our liberties, for which this Army hath fought; and which they have redeemed for us with their sword, and for which we have paid so deare? And thus yee will have the last clause of the Petition fulfilled really, to your sorrow and woe; for yee shall not more be ruled by a known Law, as free men of England, but curbed and governed by the sword, as the Peasants be of France, and the inslaved Bores of Flanders who indeed (as your Petition is) are wholly and all they have at their lawlesse Masters dispose, Nay they will not tyrannize over your bodies only, but your soules also; for then you must put on the Presbyterian yoake; it is already so agreed between them and our dear Brethren of Scotland, and because they cannot otherwise set up amongst us that antichristian inslaving government, they will doe it by the sword, and so we shall have a Religion established, as Mahomet established his Alchoran, for if yee will not obey, yee must expect either smart, pecuniary punishment, or destroying, imprisonment: and yee may see the proud Priests footing even in this Petition: is it not commended unto them, and are not they to attempt you on a sudden, and to surprise your judgements by fained words and speeches? and I beleeve you see not their end in it, it is because they know that this Army is generally an enemy to their pride, and pompous Lordly livings, crying down their Diana, their Tyth monging and unlawfull calling, wheresoever they come, whereby their trade (for so they make their preaching only and alone to be) is in danger to be set at naught; and it is by their craft (as Demetrius said) that they get their wealth, and therefore would they stir up you, under the pretence that the quartering of the Army, is a burden to you, to Petition to have them disbanded, at least to have them removed.

But I hope Country-men yee are more wise, then to be acted by other mens councels, to father a child that is none of your own, that was formed, borne, and brought forth, before it came to your knowledge or fight: can any man tell better then your selves, where your shooe pincheth you, and what is most expedient for you to doe? Never render your selves so rediculous, as to be led like children and fooles by the nose; to be made stalking horses for other mens designes, whose interests are dissonant, and inconsistant with yours.

As for this poor Army, what evill hath it done, wherein hath it so highly offended? for which of all its good deeds is it so oppressed, despised, hated, and persecuted? Is it (when all others falsified) for proving faithfull, or for accomplishing your deliverance, beyond your own faith or expectation) in so short a time: pardon them these offences, another Nation would doe it, and hold them dear, their very enemies cannot but justifie them, and yet so great is their malice towards them, that because they petitioned the House but for their Artears, an act of indempnity to save them harmelesse, a more constant pay, that they might be able to pay their quarters, and some few other most just and reasonable things; they unjustly declared against them in print, as mutinous, and obstructers to the releife of Ireland, wheras (God knowes) there are many thousands spare Soldiers besides in this Kingdome, whom they might if they would) send thither.

And when their Officers, Lieutenent generall Hamond, Commissary Ireton, and others appeased to the House: and desired that these malicious suggestions might be proved, or the Authors punished, and the Army vindicated; they could not obtain so much as civill right, as the authors of these false aspertions which were Rosfiter and Harley) to be called forth; an act both base and shamefull but what is to be expected, where justice is fortified with impudence.

One word more to you sweet men of Essex. Whose poultery hath this Army destroyed? whose goods have they spoyled, or whose sheep or calves have they stolne, or whose persons have they confronted, terrified or abused in their Houses, or what markets have they hindred by robbing of passengers, and infesting the roades and high wayes, as too many others yee know who have been lesse provoked, have done? If none of this be done, what just cause then have yee, I say yee, more then all other Counties, where they have been, to complain or petition against them? I could tell you: that yee have every man sat at home under his Vine, and under his fig tree with full tables in peace and safety, when these poor soules have been in the field in the face of death, in frost, snow, rain, cold, heat, wet, and dirt, by day, by night, in hunger and thirst, to keep back from you, and to suppresse the fury of your bloodthirsty enemies: and can you, or any christian man think on this, and so ill reward this precious Army? In reason it is impossible, but experience proves the contrary, so full of bitternesse, rage and malice, hath the Devill filled the hearts of some men against them; but of you I have better hopes, presuming that yee will not be so easily removed from your own steadfastnesse, nor be perswaded through the deluding subtilty of any, to act in the least against those, who have indured so many difficulties, passed so many perrils, obtained so many victories, and never accounted their own lives deare unto them for your sakes. Whatsoever others may doe, either, through ignorance or malice, yet let it not be said, that the County of Essex (a County that hath alwaies been esteemed prudent and religious) did shew it selfe ingratfull or despightfull to the preservers both of their religion and lives.

Truly in my thoughts this Army can never be enough requited, for doe wee not at this day, (next under God) by them enjoy all wee have? Have not they subdued our enemies, and removed our feares, and caused us to dwell in safety? And are not they a contented, patient, well governed people, can you say that God is not amongst them? then certainly they that hate and despite them are of the Devill.

For my part (Country-men and all others whom it may concern) I hold nothing more expedient for you, and me, and all true English men (seeing the publick adversary is subdued, and our Parliament so averse, and indisposed to do us justice and establish our liberties) then to petition forthwith effectually, to have justice speedily, and impartially executed, and our Lawes and liberties established, and a just account rendered of all the monies they have received: and without question when these just things are done, the Army will of its own accord cease and lay down. I account this that unum Necessarium, that one necessary thing, which is now principally to be minded in the Kingdome, & not to petition about quarterings, and removings, and preachings, and places, and any thing indeed, rather then this very, only thing, without which all other our outward enjoyments are nothing, was but one thing done (Law, and liberty established) the wheels of our State would goe easily, commands would be pleasant, discontents would be removed, injustice, oppression and Treason would be banished, and supplanting dividing spirits would be utterly disappointed. In the meane time till this be done, it is the best and only way for the Countries and free commoners of England, to preserve this Army in power and being, and to petition that it may still stand and be continued, and that others (rather then it) may be sent into Ireland, that so in case these just demands be denied, contrary to duty, Oath and Covenant, the poore Commons may have a shelter and defence to secure them from oppression and violence, and his Excellency and every Soldier under him by the duty of his place, and vertue of the Protestation, is bound thereunto. Who knoweth whether wee may not yet have as great need of this Army, as we have ever had? For it is evident and all men may see, that our native rights and liberties are now in more hazard, then they were at the first, and that we are more in jeoperdy, of them by a close trayterous party (our pretended friends) then wee were by our publick professed foes. And our greatest, and most dangerous enemies, are now they of our own House.

Sweet friends, I am a meer stranger to you, but one that am a true lover of my Country, and therefore thought good, as a Member of the same body politicke with you, to give you a few animadversions, with some cautions, and observations; concerning the subtill and deceitfull, dissembled practises, wherewith your homebred adversaries, goe about to make you instruments of your own misery and mischief. And lastly, mark this I beseech you and consider it seriously.

Why cannot the Parliament as well send over those Officers and Soldiers they have intended for a new Army here, to serve in Ireland, as these of this Army? Can they give the Kingdome a satisfying reason? It is more then I and many more can apprehend, if they can: But if herely not a deep mistery, no better then close treacherie. I am grosly mistaken. Let none therefore so farre delude you, as to draw you to petition for the disbanding of this Army, no, both for your honour and security, discountenance and disclaime it and all such practises and conspiracies against it, for such deeds will favour more of ignorance, malice and invie then of any prudence, justnesse, or necessity, and whereas in the close of the Petition, it is said that the disbanding of this Army is a plenary expedient against the worst in generall that may be feared, let them by no meanes under pretence of benefit, ease, or advantage, deceive you, for it is apparent, and will yet be made more manifest that the disbanding, or otherwise dissolving of this Army, is the only plenary expedient to render us Vassals and slaves, to the will of our enemies, and to bring upon us the worst of miseries, and that suddenly and insensibly, for alasse we are at the pit brinke, and see not.

FINIS.

 

 


10.11. John Lilburne, The Juglers discovered (28 September, 1647)

Bibliographical Information

Full title

John Lilburne, The Juglers discovered, In two Letters writ by Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, the 28. September, 1647. to his Excellency Sir Thomas Fairfax, Captaine Generall of all the forces in England and Wales, discovering the turn-coat, Machiavell practises, and under-hand dealings of Lievt. Gen. Cromwell, and his soone in law, Commissary Generall Ireton, and the rest of their Hocus Pocus faction in his Excellencies Counsell of Warre, the first of which Letters thus followeth. Unto which is annexed some advice to the private Soldiers.

Estimated date of publication

28 September, 1647.

Thomason Tracts Catalog information

TT1, p. 561; E. 409. (22.)

LWV

T.110 [1647.09.28] (10.11) John Lilburne, The Juglers discovered (28 September, 1647).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Honoured Sir,

I Have yesterday seen a paper comming from yourselfe, and your &illegible; of Warre, wherein there is mention mode of my selfe, & and though it doe not reach what I stand in need of, yet can I not but judge my selfe very much obleiged unto your honour, and the rather because the first motion made unto you by my true friends the Adjutators, found such a noble and respective acceptation at your hands, (as my intilligence gives me to understand it did) though it received obstructions from others,* from whom I might have challenged more interest then from your selfe. I beseech your Excellency give me leave to state my case unto you, which is thus, upon the 10. &illegible; 1646. I was by warrant from the House of Peers, brought to their barre, to answer such things, as I stood charged with before their Lordships, concerning a Pamphlet &illegible; The just mans justification, or a letter by way of plea in bar, and hereof he shall not faile, as he will answer the contrary at his perrill.* And being there, I was by their Speaker, the Earle of Manchester, pressed at their bar (inquisition like, against all law, and justice) to answer to Interrogatories against my selfe, without having any visible accuser or any accusation at all laid unto my charge, which I pleaded at their bar, was against the very fundamentall lawes of the land, and so declared by themselves, the 13. of February, 1645. in my own case, against the Star-Chamber, but being eagerly pressed to answer their interrogatories, I was driven to my last refuge, to protest against their assuming a jurisdiction over me in a criminall case, bring a Commoner, for which and nothing else; I was most illegally the 11. Iune, 1646. committed by them to Newgate, as your excellency may read in the 7. pag. of my book, called the free &illegible; &illegible; &illegible; &illegible; now with the rest of my bookes in the hands of Mr. &illegible; and the 16, of &illegible; 1646. I sent my Appeale (appealing from their jurisdiction) to the House of &illegible; which Appeal you may read ibim. pag. 9, 10, 11. which said appeale the House of &illegible; received &illegible; and approved of, and committed it and my cause to a Committee &illegible; Col. &illegible; had the &illegible; who twice examined the &illegible; but I could never get &illegible; &illegible; &illegible; &illegible; report unto the House &illegible; day, upon whose delay the Lords took courage and the 22 Iune 1646 sent for me up to their barr, where they &illegible; me to kneele, which I absolutely refused, and stood stifly to my said appeale, upon which they committed me close prisoner to Newgate, and also ordered that I should not be permited Pen, Ink, or Paper, or any to speak with me, &illegible; to have acces to me in any kind, which order you may read in halfe a sheete of paper called the Just man in Bonds, now also in Mr. Saxbyes hands, which said order was so barbarously executed vpon me, by Ralph Bristo the Clarke of Newgate, that my wife was not permitted to come into the prison yard to speak with me out of my window, neither was shee, my, servant, nor any of my friends &illegible; to deliver into my hands, either meat, drink, money, or any other necessaries, till the 11 of July 1646. upon which day by a Warrant I was brought to the Lords Barr againe,* of purpose to be supprised, they having had as I was informed, 3 or 4 Lawyers constantly at worke all the time I was close, secretly to draw up a charge against me,* and being at their barr I refused againe to kneel or to doe any action that might declare a subjection &illegible; their jurisdiction, telling &illegible; I was resolved to spend the last drop of my heart blood in iustification of my Appeale to the House of Commons* whereupon they then and there for so doing, sentenced me in two severall sentences, to pay to the King 4000. l. to be imprisonned in the (extraordinary chargeable prison of the) Tower of London, fol 7. yeares, without, according to the custome of the place allowing me subsistance, and that I be for ever uncapable to beare any office or place, in military or in civill government, in Church or Common wealth, at more at large in the sentence it selfe, printed in Vox Plebis, pag. 31, 32 33. 34. you may please to read. And being by warrant that day sent to the Tower, where in my judgement I was very hardly used in many particulars, but especially in being compulsively & strictly devorced from my wife, (that meet helpe that the wise and mercifull God had provided for me, to beare part of my afflictions) tell the 18. of September, 1646. about which time both shee and my selfe petitioned againe to the House of Commons, which you may be pleased to read in the last end of my book called Londons liberty in Chains, with which Petitions shee with some scores of Gentlewomen her friend: and mine, followed the House day by day, with the importunate widowes crys for justice, to men abundantly more unjust then her untightous judge, that upon no importunitie for these six yeares together, will doe me one dram of effective justice, though I dare boldly say I have spent one way and another, in following them, above a thousand pound. But with her importunitie, the same Committee with some additions as I remember, was appointed by the house folly to here and report my businesse, and after the greatest part of twenty dayes waiting, I got the Committee fully to heare me, upon the 6. November 1647. at which time, &illegible; Gen. Cromwell, Col. Fleetword, and &illegible; Harrison now with you were present, and so fully heard and know the whole state of my businesse that if their memory had not been very forgetfull, I should have thought they should have been able fully to have directed the Councell of Warre, to have desired something of the House of Commons, that might really have been good for me, viz. without delay to have adiudged my cause and appeale, either to my iustification, or to a demnation, which is the chiefest thing is the first place I desire, and which may easily be done in one houre.

Vpon the hearing fully of all businesse, so that in 7. yeares time I know not what more effectually to say then then I did, I was commanded by that Committee, by the 9. of Novemb, 1646. to bring in writing what by word of mouth I had said to them, which I accordingly did, and since printed it, and intituled it an Annotamy of the Lords &illegible; And have since that time with all my might, by all the wayes and meanes. I had in the world, indeavoured with Mr. Martin to make my report to the house, as you may fully understand, by reading the first part of my epistle to him, dated the 31. of May last, (which in print I lately sent unto your Excellency) and in this inclosed epistle sent unto him yesterday,* but what should be the reason why he will not doe it, I cannot tell, unlesse it be that he is conjoyned in interest with the Lords, to buy, sell or betray the liberties of all the Commons of England, who ate all and everie of them concerned in the Lords arbitrary and tyrannicall dealing with me, for what is my case to day, may be their case to morrow, and seeing by intreaties and faire words, I could doe nothing with him,* I underhand in City and Country applyed my selfe vigorusly to my friends and fellow Commons, strongly to petition to the House of Commons, to adjudge my cause, and either to justifie me or condemne me, for favour or mercy I craved none from them but only law and justice, some of whose petitions, by the interest of a company of tyrannicall, treacherous Villains there, &illegible; and Stapleton, &c. war slighted and would not be received, and others they burnt by the hands of the Common Hang-man, and for ever to terrifie the Commons of England againe to petition for justice or their liberty, they most illegally and &illegible; caused severall of the Petitioners to be imprisonned, for which action alone, by the principles of justice and reason, they deserve in my judgement to be hanged. And when I see that all my importunity and all the faire meanes I could use, would doe me no goods and knowing that it was as bad as murther in me, to leave any meanes whatsoever unattempted for my own preservation, being by my tyrannicall imprisonment likely to be murthered and destroyed, without and against all law, and justice, and being in my own soule confidently perswaded, that if I sate still I must perish, I made a vigorus and strong attempt upon the private Soldiery of your Army, and with abundance of study and paines, and the expence of some scores of pounds, I brought my just, honest, and lawfull intentions, by my agents, instruments, and interest to a good ripenesse, not daring to &illegible; with the Officers, having had so large experience of the selfeishnesse, and timerousness of the chiefest of them, sitting in the House of Commons, who I had sufficiently tryed, to see what mettle they were made of, and found them quivering spirited, overwise, prudentiall men, not any one of them that I could heare of at any time daring to carrie a high, though just Petition into the House, to deliver it, and speake unto it, so that at present they were to me &illegible; reprobate silver, and therefore knowing by the morrall law, that murther was &illegible; in the sight of God, especially selfe murther, I durst not but doe the uttermost that &illegible; to preserve my selfe, which in my understanding could by no other meanes in the &illegible; be effected, but by men that had swords in their hands, and resolution in their spirits, which &illegible; &illegible; had been done &illegible; now to the purpose, if I had imbraced their earnest desire to &illegible; &illegible; prison and goe to them, which for divers weighty reasons I could not, and truly Sir give me leave to tell you without feare or dread, had I come, and could have got so many to have followed me, as would &illegible; inabled me with my sword in my hand, to have done justice and execution upon those grand treacherous fellows, and tyrants at Westminster, that have not only tyrannised over me, but the whole kingdome, I should have made no more scruple of conscience with my own hands to have destroyed them, (who have destroyed all law and justice, equity and conscience, and destroy us by their arbitrary and tyrannicall wills) then to have destroyed so many Weasels and Poule. Cars; but I hoped the great worke of the kingdome would speedily be done, by more abler and wiser instruments then I judged my selfe to be, but when I see and heard of divers great ones in your Army to coole the businesse on foot, I sent my wife then big with child, and severall other Agents down to St. Albont, to revive my exnest desire, with those I had an interest in, for the obtaining of my just ends, iustice, and my iust liberty, never in my life time coveting or desiring the interest and power of your Army to be a cloake or covering for any of my misdoings; making alwayes so far as I knew, the law of the land the square of my actions, in reference to civill things amongst men, having alwayes this rule of true reason and justice before me, to doe to every man, as I would have all men doe to me, but understanding from time to time of plotted and contrived tricks put upon me &c, by some faire outsides under your* command, (although I never heard any thing of your gallant, just and magnanimous selfe, either in reference to me or the publique, but what deserves my choisest thankes and praises, and the rather for that I am as it were a meere stranger to you) which now to you, J iudge it altogether inconvenient to take the boldnesse to complaine of, but hearing from time to time, I was not forgot amongst those, that have no more ends then I have, viz. iustice, and the universall good and benefit of all iust interests in England I waited with as much patience as my unsimpothized with condition would inable me to doe, for the good houre of my lust and long expected liberty, iustice and reparation, procured for me, by the meanes of your selfe, and those men of honour and justice with you.

But most Noble, and most Honoured Gen. give me leave without your displeasure, truly to tell you, that though I must (as you justly and truly deserve from me) returne you extraordinary hearty thankes, for your chearefull willingnesse to give countenance to anything that may justly be undertaken, (in my doulfull and sad condition) to procure for me iustice, and my just freedom; yet I am apt to think there is intentively some tricks put upon me, by some of the contrivers* of that paper to the House of Commons, Dated at Reading Iuly 19. 1647. sent by your Excellency and your Councell of Warr, for most Noble Sir, the thing that will doe me good is vigorrously to presse the House of Commons, to command Mr. Martin to make my report unto their House, and then to adjudge my cause, for either the House of Lords have by law a Jurisdiction over me, and all the Commans of England? in crimminall cases, or they have not, and in my protesting against the Lords juridiction, in crimminall cases, and appealing to the House of Commons, as my leagall & proper judges I have either done evill., & illegally, or else justly and legally, if I have done evilly and illegally I crave no favour at their hands, but desire them to condemne me, that so I may know what to trust to, that so I may vse some meanes to the King &c. for to the House of (Lords I will dever in this apply my selfe.) For the takeing of my 4000l. Fine, and restoring me to my liberty and freedome, and not be forced all my dayes to live in prison, and in the conclusion be forced to starve for want of bread, or else to eat my wife and children,

But if in my protesting against the Lords jurisdiction in crimminall cases, and appealing to the House of Commons as my proper and legall Iudges, I have done well and legally, why doe the house of Commons suffer me to be kept in prison, and not &illegible; my cause, and deliver me with iust reparation, and a iust punishment upon the causers of my causelesse torments and sufferings, and this alone is the thing most noble Generall, I want and stand in need of, which only will doe me good, and which in it selfe is such a rationall and equitable peece of justice, as by no iust man can be denyed.

For &illegible; &illegible; noble Generall, what will liberty in England, without iudging my cause (and Appeale) doe me good, am I not subiect every houre in the Kings name and behalfe? though it may be against his previty, will or mind, to have my body cast into prison, for the 4000. l. which by that uniust fine Ian law owe him? or if my body by absence cannot be seized upon, is not that little that I have liable by the law every houre to be seized upon? yea, and the very beds that my distressed, helpelesse, and &illegible; wife and children lye upon, subiect to be taken from under them, yea, and stript of their very wearing clothes. They were, And truly Sir, so large experience have I of the mercilesse and cruel tempor of my adversaries, that I will not trust in the least, to the mercie of the mercilesse Lords at Westminster, or their cruell and mercilesse confederates, in the House of Commons, Assembly, or Common Counsell of London, any of whom I am sure, would willingly, Vote, Petition, or Remonstrate me to death.

And againe Sir, should I put in baile as your paper desires, I should run my selfe into such a snare, as I should never get out of again while I live, but thereby should like a foolish fellow, undoe all that in the heat of the fire I have been doing almost this 14. moneths, viz. preserving and defending the liberty of all the Commons of England, against the tyrannicall invasions of the House of Lords: For whose prisoner am I? surely the House of Lords, and no others, (unlesse it be negligent Henry Martins) and to whom must I put in security? surely to no other then the Lords. And undoubtedly I should both in reason and law, by so doing iustifie the illegallitie and uniustnesse of their sentence past against me, and not only so, but also iustifie their iurisdiction and power over all the Commons of England in criminall cases, which were an act, that would not only as much as in me lyes, destroy the best and fundamentallen Lawes of England, (viz. Magna Charta, and the most excellent Petition of Right, &c.) But also destroy and overthrow the rationall, naturall, nationall, and legall liberties of myselfe and all the Commons of England, which would be an act in my iudgement, not only of the greatest businesse in the world, but also of the greatest treason that I could commit against the land of my nativitie and my own being, of which wickednesse J would not iustly be esteemed guilty for all the gold in the world.

Now most noble and heroicall Generall, if it should be obiected against me, that the House of Commons, are full of the great and weighty affaires of the Kingdome, and therefore want time to debate and a diudge my particular businesse, to which I answer and say, I am confident they have not a businesse of greater weight and consequence before them, then mine in the latitude of it is, for it is concerning the escentiall and fundamentall liberties of themselves, of me, and of all and every individuall Commoner of England, and I wonder what greater businesse they can spend their time about, then a businesse of so grand and universall concernment, without the settlement of which, it is easily to be evinced, that all that you have done with your swords, and they with their tongues is to no more purpose them to blow in the aire, for &illegible; of rights, was the true cause of all the present warres, and their so visible invading of the iust and legall rights, and freedomes of all the Commons of England, is not the way in the least to pacifie and still them, but to foment and newly increase them, and make them a fresh slame out againe* with strong violence which if it doe, I hope it will be to their fatall and finall destruction: which I with all my might and strength with as much earnestnesse as Sawpson prosecuted the Philistems, should helpe forward, though I should thereby pull the roose of the house about my &illegible; as he &illegible;

And truly Sir I cannot thinke that the House of Commons are so mindful of the good of the kingdome, that the providing therefore, so straightens them, that they have no time to heare my report, and adiudge my cause. Sure I am since my report was ready, they have sound time enough to vote and devide among themselves like wicked stewards, hundreds of thousand, of pounds of their masters the Common wealths money, and I am sure they can find time enough to vote all the Commons of England slaves, by voting their honest and iust Petitions, to be burnt by the hands of the Common Hangman, yea and to vote and declare them Rebells and &illegible; to the kingdome, (which principally is themselves) for endeavouring by petition to make known their grievances to them their servants, whom they chuse and trusted to provide for their weal hut not in the least for their woe, 1. part book Decl. p. 150, And besides they can find time to violate the lawes and iustice of the kingdome, by voting the 11. Members particularly impeached of no lesse then high treason, by accusers ready to prosecute and make good at their perrils their charge and impeachment, to have liberty without securitie to travell where they please for six moneths, and yet can find no time in 13. moneths to deliver me from the tyranny of the Lords, who originally laid no crime nor legall charge to my charge, nor never in the least produced any accuser or witnesse against me, but meerly imprisoned me because I would not be a slave to their tyrannicall wills and unbounded lusts, which is the hight of iniustice.* Besides Sir, if I had doe evill, add lying in prison after so many Gaole &illegible; and, being so strongly committed by those, that I am confident never a Iudge in Westminster Hall, dare grant me a Habias Corpus against; there being no visible and formall power in England but the House of Commons, to save me from Arbitrary destruction, they ought by law, though never in my selfe so guilty of violation of the law, being the Lords have let so many Gaole deliveries passe, and hath never called me &illegible; to &illegible; me by law, nor yet to this day hath laid no legall crime to my charge, for by the law of England (which they have often sworne to maintaine) there ought to be Gaole deliveries held 3. times a yeare, or oftner if need require, either for the condemning or acquitting all prisoners whatsoever, 5 Ed. 3. 2. 4. part Sir Edward Cookes institutes folio. 168, 169. See the oppressed mans oppressions declared. pag. 3. And &illegible; cryes out of the Whales belly pag. 10. See also the beginning of Vox Plebis.

And Sir, give me leave to tell you, I am as free a man, and have as good a right to the benefit of all the lawes in England as any Member of the House of Commons what ever he be, (as they confesse in their own Declarations, cited by me, in the &illegible; of Oppressed Commons, far all their vapring with their big &illegible; blarberly priviledges, they having none at all in reference to the Commons of England. But freedome from arrest, and that but for a short time, and &illegible; &illegible; &illegible; &illegible; much lesse forever, being as lyable to the law as any other man, either for the breach of the peace, Fellony or Treason, as Sir Edward Cooke their own learned oracle declares in the 4 part, of his institutes, chap. high Court of Parliament, fol. 25. And I find by his discourse there, that they have no priviledges by law in reference to the King, but freedome of speech and debate, and that he so all not take notice of any thing done and debated among themselves, tell they themselves in a Parliamentary way transmit the cognisance of it to him. And if this be true as that learned Lawyee, &c. declares it it, then I humbly desire the pressing of this argument unto the house without any more &illegible; at least at present to deliver me, because I have laine so long in prison without any legall &illegible; at all, or legall tryall, or so much as without any prosecuter or informer against me &illegible; all, which is against all law and instice in the highest degree whatsoever, for the words of their own late Vote in the behalfe of the eleaven impeached Members is.

That by the law of the Land, no Iudgement can be given to suspend (and therefore much lesse to imprison) those members from sitting in the House, upon the papers presented by the Army, before particulars produced and proofs made, & if this be true, then I am sure they are most unjust in not delivering me, who orriginally never had any charge at all against me, nor never see prosecuter nor witnesse examined against me, to this very day; O hight of injustice, and partiallity? thus to vote, and thus contrary to that vote, to deale with me, who am equally free and intaled to the Law of the Land as any of their Members.

But yet most Noble sir, give me leave to aver unto you that I am not only illegally imprisoned, but that their vote in favour of their impeached members is most illegall in it selfe, and against the law, and the practises of the law in England, or else they themselves violated it in the highestd degree with the Earle of Straford, who upon a generall charge of high treason, without mentioning particulars, further then for endeavouring to subvert the Fundamentall Lawes, without nameing any witnesses or prosecutors, unlesse it was their own Clarke, and yet required at the nick of time, not only to sequester him, from the House of Lords, but also to secure his body in prison, which was accordingly done at the very instant, and then, and not before examined witnesses against him, and out of their examinations, drew particular articles, to make good their generall Charge, and I have from good hands been told, Mr Hallis under &illegible; was out of his chiefe prosecutors, and sat up many a late night to heat his braines to destroy him, and therefore just, or not just, it is but just, that he himselfe should &illegible; of his own law, which he &c. is so fact from doing, that he it yet at liberty, and voted by the House to have leave for 6 monthes to goe whether he pleaseth, the which if the Army with patience suffer, I am sure their credit is lost forever,* and all men will conclude they can prove nothing against them. Sir I have stated my case to you, and must crave pardon for my teadiousnesse, leaving all to your judicious and wise consideration, to doe in it as God, justice, humanity, and conscience shall direct you; craving nothing from your power to justifie or protect me in any evill, or wickednesse; but only that I may have justice and faire play above board, and upon them &illegible; I bid defiance to all the adversaries I have in England; to doe the worst they can to me, only I humbly and earnestly supplycate you, that what you shall resolve to doe for me, you doe it speedily and vigorously, for perrish I can not, nor will not if I can help it, and if nothing will serve the 2 Houses but my causlesse destruction, I am nesscesicated like a plaine dealer, that teares no cullers, to protest unto your Excellency that if speedily they will not doe me justice I will appeale to all the Commons of England, and the private Soldiers of your Army,* and doe the best I can to set them about their cares, to cut their tyrannicall throats, though I perish with them; so committing your Renowned Excellency, to the faithfull protection, care and direction of your wise and powerfull God, desireing of him for you, that your heart may be kept upright, and sinscere before him, tell the Glorious and joyfull appearing of our Capt. Gen. the Lord Iesus Christ, and so I humbly take my leave and subscribe my selfe

Sir, Your Excellencies cordiall, obleiged and
faithfull servant for the common good of bit Country,
ready to spend his heart blood with you.

Iohn Lilburne.

The second Letter thus followeth. For his Excellency, Sir Thomas Fairfax, this at Kingstone present with speed.

NOble and right worthy Gen. vouchsafe unto me I beseech you leave, to present unto your Excellency, the gratefull acknowledgement of my heart for your Excellencies senceablenesse of my afflictions, and your readines and willingnesse to improve your interest to abaite them, and particularly for your late Noble favour which I was made partaker of, by the hands of your Secretary; and give me leave humbly to acquaint your Excellency, that by my wife who hath bin all the by past weeks at Kingson, to see what she could do for my liberty, I received a message by her coming from some of no small influence and* parts that I should petition to the Lords for my liberty as the only way to procure it, which advice is as acceptable to me as to desire me with my own hands to cut my own throt, and little should I have expected to have received any such pernitious distructive advice (to justice and true freedome) from the mouthes of any in your Army, that hath eminently pretended to be patrons of true, and impartially justice, and the Commons true legall and well knowne privelidges; & therfore fearing that by the destructive advice, or incinuating interest of some about you that pretendedly would serve me, you should be put upon some addresses to the Lords for me, the thoughts of which I can not but in iustice and honesty abhor and detest, and had rather desire to rot here then not with all my interest as farre as I am able to hinder such a thing, for to the barr of the great interest of the Commons of England I have appealed in the iustifiing and presenting of which appeal I will live and die; stand or fall I desir-nothing but either legall iustification or condemnation and therre are most Noble Gen. if there be no other meanes within you power to ease me of my sorrowes and to obtaine iustice, for me and all the Commons of England concerned in me, but by applycation to the Lords, I most humbly and most earnestly beseech and intreat your Honour to disist and throw my businesse behind your back, and for ever to bury it in the grove of forgitfulnesse, and truly I cannot but apprehend that this advice flows from the same mirest, that over ruled the rational & just disenter: at that councell of Warr, that sent up their desires to the Parliament the other day, that I might put in hail for my liberty, the snares of which desires I took the boldnesse largely to evince in my letter of the 22 July 1647. to your Honour.

And Noble sir, though it should or might be said to use that the Lords are growne very gallant, and for now in honesty out strip the present House of Commons, & therfore sit for me to comply with and addresse unto; yet give me leave to tell your Excellency, I walk not, &illegible; act not from accidents, but from principals, and being throughly perswaded in my own &illegible; they are iust, righteous, and honest, I will by Gods goodnesse never depart from them though I &illegible; in maintaining them; and not only the principals of reason, but the known and iust law of England, and the experience of all ager tels me, that the usurpations of illegall prerogative Lords, over honest and free Commons: is not only distructive to true justice and right reason (the fountaine of all iust lawes) but also to all true and iust freedome, and therefore I both must and will run the hazard of spending my heart blood, to root up and destroy their illegall and uniust usurpations, being now so deeply ingaged, and can never willingly without being a Trayter to my self and Country, consent in this to close, with them, knowing very well, that it is an easie thing for a scholmasters to make a rumerous boy for the saving of himselfe, to say and doe what he pleaseth, when he hath taken him in a notorious crime, and hath got his breeches downe, with a good rod in his hand, to whip him soundly, and yet as soone as that present feare is over, to be as ready as ever, to run into the same transgression, and truly most Noble Sir, give me leave to think, that if the present House of Lords were truly and in good serious earnest, resolved to repent of their evils, and amend their wayes by doing unbiased justice and right, they would of themselves without any addressing unto, have forthwith done justice and right to me, and other afflicted one whom they have by unmerciful imprisonments contrary to all equity, reason, law, and justice, yet and I dare boldly say it, against the light of their own consciences; And truly Sir, give me leave to assure your Honour from the mouthes of some of themselves, to some of my true friends. I might at the first Contest with them have had my liberty, &c. from them, if I would in any way of my own framing, have made but any addresses to them. And truly Sir give me leave in the sincerity and uprightnesse of my heart before the presence of God to tell you, it is meerly a principle of conscience within me, to justice and honesty, and not any wilfull stubbornnesse, or base selfe ends of my owne, that makes me I cannot, ingeneously professing unto your honour, I received more iustice and courtesie in three moneths from the House of Lords, then I have done almost in seavon yeares from the House of Commons. And I doe protest before the Almighty, (and I appeale unto the Lord Wharton to beare* me witnesse) that I did the utmost that in me laid by way of gratitude and thankefulnesse unto them to hinder a contest with them, but the revenging mallice of the Earle of &illegible; (who I am apt to think had long since lost his head, for his base and palpable treacherie, and transcendent wickednesse, if Lievtenant Generall Cromwell had effectually discharged his duty to the whole kingdome as he ought to have done) at me, for ingaging with Lievtenant Generall Cromwell, in his just cause against him, would be satisfied with no reason, but the crushing me to peices, by whose meanes principally, with Col. Edward King, one of his treacherous wicked confederates, I suffer all that I doe at this day,* and I dare confidently affirme it, that if I could have addressed to them since my Appeale to the House of Commons, I might have had solid grounds, not only to have had my liberty: and my fine of 4000. l. taken of, but also some thousands of pounds by their meanes in my purse, which now in my thoughts is a very great hazzard whether ever I shall injoy or no.

Therefore to conclude all. I shall humbly state a case unto your Excellency, and leave the application of it to your selfe, which in this. An honest and a true man is following his lawfull occasions, and there meets with him a company of bloody Murtherers, Theeves and Robber, who being stronger then he, set upon him, and attempt the taking away his purse and life, and while he is strugling with them, by comes a company of honest and true men, stronger then the Rogues and Theeves, unto whom the honest, almost destroyed man addresseth himself, and acquaints them truly & fully with his present case, and pittifully cryes out to them for helpe, but they though they seeme to pittie him in words, passe by him and one not effectually rescue him, by meanes of which he is not only rob’d, but also slaine and destroyed. Now the question is, whether by the law of humanity, nature and reason, the aforesaid honest passengers were not ryed in duty and conscience without any more dispute, to have at least rescued the honest oppressed man, and have set him free? (or at least to have secured him and them to the next just Magistrate) and endeavoured the obtaining of iustice for him, upon those that would have destroyed him. And then the second question is, whether or no that in the case before mentioned, they suffer him (being easily able to rescue him) to be robd and murthered? whether in the sight of God and all iust men, they be not cleerly accessaries of the robberie and murther? and as guilty of it as those that committed it. So craving pardon for my boldnesse and rediousnesse, I commit you as my owne soule to the carefull and powerfull protection of the Lord It havab, desiring of him for you, to mainetaine and uphold you, in your integrity and true plain uprightnesse, that you may shine and be truly glorious in the eyes of our Lord and master, and all iust men, I humbly take my leave and rest.

Sir, your most devoted faithfull
servant, that without feare or
flattery highly honours you.

John Lilburne.

Advice to the Private Soldiers.

SIRS,

MY best advice at your earnest desire, unto you and all the privat Soldiers of your Army is: to the death to contest for the preservation and performing of your Solomn ingagement, made and subscribed at New Market the 5. th. July 1647. especially in the first branch thereof: and not to suffer any thing to be acted or done in the Army, to the violation thereof, but forthwith vigorously to demand justice upon every person, though never so great, that you can prove hath or doth attempt the infringment of it, and to set a brand of infamy upon him as a deceiver, and a man not fit to be intrusted, and also immediately to require an account of your respective Adjutators, what they have been doing all this while: and suffer not one sort of man too long to remaine adjetators, least they to corrupted by bribes of offices, or places of preferment, for standing waters though never so pure at first, in time &illegible; and also instantly presse your Adjutators to move vigorously for the imediate and totall purgeing of the House of all those that far in Mr. Pellums factious traiterous &illegible; who are so declared already by your Army? by whose illeagall pretended and unbinding votes, a new Warr was defact &illegible; raised and leavied in the Kingdome, to the visible hazard of the ruine and utter destruction there: and if you doe not this effectually, but for the factious Lordly ends of some great ones (as L. G. Crumwell, Commisary Gen. Ireton) suffer that factious illeagall Combination and assembly of men, to run away with the name and power of a true House of Commons, then it will evidently follow, that your Generall and your whole Army, and all those members of the House that came to you, and adheared to you, are all Parliament Rebels and traytors, inforceably opposing them, and marching up against them in all Warrlick manner, as you have done, and by your Remonstrances, declarations, and proposals, declaring that whole assembly of Mr. Pellumes Juncto* blades to be &illegible; of a Parliament power, Traytor and enmies to their Country, and the trust reposed in them, ands fit to beseverely punished, and not fit to be continued any longer an Iudges in the Kingdome, or their own causes; and their sitting still in the House will reader all the orders and ordinances made while they there sit to be questionable, as unvailed and unbinding, being made by the cocurrant votes of so many as you your selves, & al those members that concurd with you, (but espescially the present House of Lords) have so visibly and publiquely declared Traytors to the whole Kingdome, and therefore are not fit to be law makers, nor Iudges in their own causes, and the greatest and weightiest things of the Kingdome, and besides how can you, or any that have adheared to you (in iustice) presse for the punishing of any in London, that was active in leaving War against you the Kingdoms & Parliaments Army, as you call your selves, in your notable and large Remonstrance of the 18 August 1647. seeing what they did, was in obedience to Parliament authority, if you suffer the most, or any of Mr. Pellums Iuncto Blades, to set in the House, and so to goe scot free without punnishment, for to let the principals, (the Parliament men) goe free without punnishment, and to punnish the accessaries, the Citizens) for putting in execution their orders and ordinances; is the greatest injustice that can be acted in the world, and besides, if that any of the Juncto Blades that sat in the House, when the votes passed, for leavying a new warr on the Kingdome, fit still in the House and so goe on unpunnished: & the active zealous Presbyter Citizens that did obey, & execute their Ordinances, shall any way be punnished, therefore what will this else, but be a iust ground to all rationall men to combine together, and resolve in future time, never to obey any more orders. Ordinances of Parliament: least they be by the Parliament soundly punished therefore:* and grant that Iuncto to be a House of Commons in any sence, and all the late active zealous Citizens against you are acquited thereby from all their Junquits and made iust persons, and your selves the Traytors and transgressors, and it may be, before you be a yeare older, yet may get your recompence by loosing your lives at Tiburne, or else wheare, as you will iustly diserve it. In this particular you play the Iuglers, or suffer your selves to be foold, and doe not effectually see fulfilled, your own forementioned Declarations.

Therefore say I, immediately presse vigorusly for the totall purging the House of all that sate with Mr. Pillam, that so there may be way made for the exemplary punishing of the Lord Maior of London, and all the chief ring-leaders, actors in the late desperate and trayterous ingagement. And also presse for moneys to pay your quarters, the want of which will speedily (by free quarter) destroy the Army in the poore country peoples affections, whose burthens are intolerable, in paying Excise for that very meat the Soldiers care from them gratis, and yet paying heavie &illegible; besides, and being also lyable by the Persons and Impropriators, to be every yeare robbed of the tenth part of their labours, stock, and increase, under the name of &illegible; of lowish Tythes, long since by the death of Christ abolished, Heb. 7. 5. 21. 12. 18. 19. 17. &illegible; 9. 9. 12. 14. 16. & 10. 1. 12.

And if they be any thing stuborne in this particular of parting with their proper goods, to those that never sweat for it, then by the late Independant Ordinance of Parliament, they are subiect by the Arbitrary pleasure of two Iustices of peace to pay them &illegible; Also it is worth your consideration to presse that &illegible; publique treasure of the kingdome may be taken out of that uncertaine, cheating and &illegible; way of receiving and paying, that now it is in, and put immediately into the old, experienced, sure, and undeceiving way of the Exchequer, by meanes of which the Kingdome may be sure to know what is done with their money.

And without which both they and you wil be everlastingly consumed and cheated* but above all &illegible; for the immediate doing of impartial iustice without any &illegible; &illegible; men without exceptions &illegible; are under oppressions & &illegible; &illegible; down withal sorts and kinds of Monopolies, that so all the people may inioy their birth right, free trade. And take effectuall care of all our lawes and the proceedings therein, may be &illegible; speedily into English that so the people may speedily injoy some fruits by all your &illegible; and gallant promises, and may no longer have overmuch cause to say as now commonly they doe both in City and Country, that you have cheated and gold them &illegible; faire and &illegible; Declarations, which when you made, you never intended (as by your present actions you fully declare) to endeavour the fulfilling of, but made them as stalking Horses to &illegible; your own ends, (of present power, and future expected honour and profit, and so suck the people dry, and make them slaves,) as the Grandees in Parliament have done with all their Declaratiens.

But above all the rest be sure not to trust your great officers at the Generalls quarters, no further then you can throw an Oxe, for they are generally corrupted, and to the true and legall liberties of the Commons of England are turned enemies and &illegible; being grown Lordly and &illegible; in the highest nature (having by their plausible but yet cunning and subtile pollicies, most uniustly stolne the power both from your honest Generall, and your too flexible Adiutators, and devolved it upon a company of corrupt Linsey woolsey men sitting at Westminster.* That in Iune or Iuly last declared you Traytors for &illegible; by petition to make knowne your grievances to them, and in August last, &illegible; and &illegible; a warre against you, intentively to have &illegible; and destroyed you. Whose principall care in all their visible actions, is to rob and pole the poore kingdome of all their treasure, and share it by thousands and ten thousands, amongst themselves, and to doe effectuall iustice and right to no man, but themselves, &illegible; and friends. Who by the serious of all their visible actions, intend when the people are poore enough to make both them and you their: &illegible; and slaves, and themselves domineering Lords and masters over you, and your aforesaid officers present carriage being such, as that they give too iust cause to me, &c, to aver it under my hand, with sorrow and &illegible; that as sure as I beleeve there is a God, so surely doe I beleeve that they are inyned with the Lords against me, and become the principall instruments to keep me fast in my &illegible; imprisonment, witnes my hand this 8. Sept. 1647.

Iohn Lilburne.

FINIS.

Endnotes

 [* ] Viz. &illegible; Generall Ireton. &c.

 [* ] Which said Order you may verbatum read in the 3. pag. of my book called the free &illegible; freedom vindicated a in which you may also read what passed betwixt us at their bar, as also my protest I delivered in against them, and my &illegible; Appeal which I sent unto the house of Commons from Newgate.

 [* ] &illegible; Mr. Sargant Finch, Mr. Hayle, Mr. Glover, and Mr. Hearne.

 [* ] At you may more fully read in the 12, 13, 14, 15 pages of my Annotamy of the Lords &illegible;

 [* ] Which is now printed in the last pag. of &illegible; book, called &illegible; cryes out of the &illegible; &illegible;

 [* ] But in answer to the forementioned letter, he sent me a letter in which be gives me information, that be hath proferred 20. times to make my report, but the house would not &illegible; him, and he also promiseth me to doe it the first opportunitie &illegible; hath, which he did performe the 14. Sept. 1647. which &illegible; given me &illegible; satisfaction, which I have acknowledged to him in my late two printed letters to him.

 [* ] Who I have named in my booke called Ionahs cry, and in an Epistle to Lievt. Gen. Cromwell, &illegible; bearing date 13. Aug. 1647. and lately printed with my two letters to M. Hen. Martin.

 [* ] The cheif contrivers I iudge to be King, Crumwell, and his son Prince Ireton. who are the principall instruments that keep me in prison, because I will not comply with &illegible; &illegible; Lordly interest, and yet at that time durst not well, but seem to doe something for me in regard of the honest Adjutaters &illegible; about it, but yet by their &illegible; did it in such a manner that they were sure would &illegible; no good.

 [* ] Especially when the Commons of England, shall see the most base and wicked juglings of L. G. Cromwell, and his son Ireton: whose power & interest in the Army (by those 4 grandiuglers means, viz. Lord Say, Lord Wharton, young Sir Hen. Vaine, and Soliciter St. Iohn) is now vigorusly improved to support & uphold the Lords usurpatious, tyranny, and grand opprossions, that so they may merrit, to be voted by them to be domineering, tyrannising Lords with them, or else why am I kept in prison by them, seeing it is every houre in the day in their power to deliver me if they pleased.

 [* ] See Vox Plebis, pag. 10, 11, 12, 13, 14, 15, 18, 19. &c. See my Annotamy of the Lords &illegible; p. 8. 9. 19. and my &illegible; called the resolved mans resolut resolution dated 30. April 1647, p. 3, 4, 8, 9, 10. See also regall tyranny, from the 62. 63. to the 84. pag.

 [* ] And now it is too apparent that Cromwell and Ireton, there these impeachers, with their fore amentioned associates here at Westminster, desired no more but to be rid of their company, that so they might not stand in their way, &illegible; antifaction to hinder them from their tyranicall intended tyrany and Lordly domination, now as apparant to any impartiall observant rationall man as the Sua that &illegible; at noone day.

 [* ] Which I had dine care now if I had not been deluded with faire words, and &illegible; &illegible; with faire promises.

 [* ] Viz Mr. Allen one of the Adjetators for L. G. Cromwels Regiament, and his Officious and extraordinary creaturs in the imploying of al his subtilty and parts to make fruitlesse the honest negotiations of the honest and uncorrupted adjetators, and to support the usurping Lords in their tyrannicall oppresions, as I have largely declared unto himselfe in my letter unto him of 23 August 1647,

 [* ] Unto whom I shewed my protest before I &illegible; it, and told him both what I must and would and offered him to due any thing that the Lords in reason or iustice could requir &illegible; me, so they would not force me to so their bar. See the 4. pag. of my booke, called the free mans freedome vindicated.

 [* ] See my printed narrative to the Adjutators of the 21. August 1647. printed at the last on of the 2. Edition of my Epistle to Iudge Reeves.

 [* ] See the latter end of the Armies Remonstrante of 18. August, 1647. published to the noble Kingdome, by the spesciall order of the present House of Peeres, 10. Aug. 1647. see also the Adiutators proposals or addresses 510. and 14. August, 1647. subscribed by 53 of their hands, and printed by the Armies printer.

 [* ] And for Sir Thomas Fairfax to command a Soldier to goe charge such an enemie, and do the best he can to kill him, and when the obedient Soldier hath zealously put his command in execution, and for Sir Thomas when he hath done to goe about to hang the Soldier for his paines, is not only the hight of iniustice, but is also the ready way to breed a &illegible; in his Army that in future times, his commands will never be obeyed.

 [* ] Read a late notable book &illegible; an eye &illegible; for the &illegible;

 [* ] Who I am sure are no short in acting all manner of tyranny and oppression whatsoever, that may render a power or Magistracy, to be for sitters of their trust, and degenerate from the true Magistrates into reall Tyrants.

 

 


10.12. John Lilburne, The Oppressed Mans importunate and mournfull Cryes to be brought to the Barre of Justice (1648)

Bibliographical Information

Full title

John Lilburne, The Oppressed Mans importunate and mournfull Cryes to be brought to the Barre of Justice, or, An Epistle writ by Lievt. Col. John Lilburne (without all shadow of Law and Justice, imprisoned in the Tower of London.) For all the moral honest Englishmen, in and about the City of London, whether Episcopalls, Presbyterians, or those commonly called Sectaries of what kind soever, Iohn Lilburne prisoner in the Tower of London, the 7. Aprill, 1648. sends heartie and respectfull salutations. In which he mournfully cries out to all men that have any sense of pietie, honour, honesty, pittie, compassion, christian simpathy, humanity, or English fellow feeling, to pittie and compassionate his pining languishing, and worse then sudden dying estate and condition. And the first day of the next Tearme being the 19 present, deliver his Petition hereunto annexed to the Judges of the Kings Bench in Westminster Hall, for a Habeas Corpus to bring him before them to receive a legall tryall, either to his iustification or condemnation, the severitie and stricktnesse of the law being all the mercie and pittie he craves from all his adversaries, chusing and desiring any speedy death in the world rather then to be mudered or starved in prison, which is likely shortly to be his unavoidable portion, if much longer he be continued in his uniust captivitie.

The second Edition, with an Addition reprinted the 18. Aprill. 1648.

Estimated date of publication

1648, no month given.

Thomason Tracts Catalog information

Not listed in TT.

LWV

T.125 [1648.??] (10.12) John Lilburne, The Oppressed Mans importunate and mournfull Cryes to be brought to the Barre of Justice (1648).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

VVOrthy Gentlemen, and fellow Country men, the Law of this Land is equally and alike our common birthright and inheritance (for all the distinguishing, deviding names amongst us) unto which the meanest man in England is as much intituled and intaled unto, as the greatest Subiect, and the parting with the priviledges therof (to any whatsoever) and the stooping or submitting to any arbitrary or unlimitted government (in any whomsoever) was by this present Parliament in the day of their straits, adjudged a prophannesse like Esans, in selfing their Birth right, and subiecting them and their posterities to vassalage and slavery, for the preventing of which, they exhort all the true hearted patriots of England, to stick close unto them, who then as they declare were ready to lay down their lives for the preservation of their &illegible; and liberties at the greatest earthly treasure and jewell that could here be possessed, 1. part &illegible; pag. 660. In the destruction of which we become beasts, and are no more men but in shap. 1. part book dicl. pag. 140, 163. 201. And all liberty and property of meum and tuum if thereby totally levelled, destroyed, and confounded, for the &illegible; and preventing of which, that much to be honoured Lawyer Sir Edward Cook, which deserves the highest praises from the plain and well minded people of England, of any Lawyer that ever lived therein, for that most inestimable pains of his, in compiling in English his Foure parts of his Instituts, which discovers so much of the peoples rights by law, that I am confident this present degenerated Parliament, and the present cowardly, corrupt, make-bate, &illegible; generation of Lawyers, wish every one of them burnt, though I heartily wish and desire that every man in England, that hath any spare money and time would buy them, and read, and study them, as the absolutest discoverers of the true mind of the Law of England, of all the Lawyers workes that yet are extant in England, in the 2. part of which, in his exposition of the 29. chap. of Magna Charta, so. 51. he exhorts the Parliament it self. That in stead of the ordinary and precious tryall by the law of the land, they bring not in absolute, and partiall tryalls by discretion, or will or pleasure, For saith he most excellently, fol. 56. ibim. the law is the right line, whereby iustice distributive is guided and directed, and therefore all the Commissions of Oyer and terminer, of Gaole deliverie, of the peace, &c. have this clause, viz. To doe what belongs (or appertains) to iustice and law, and the custome of England. And that (saith he) which is called common right in the 2. Ed. 3. is called common Law in the 14. Ed, 3. &c. and in this sense it is taken, where it is said, that the thing or partie stands right in the court, that is to say, to the Law in the court.

Secondly, The law (saith he) is called right in opposition to wrong, or because it discovereth that which is tort, crooked, or wrong, for as right signifieth law, so tort, crooked, or wrong, signifieth iniurie, for iniurie is the contrary of right, and a right &illegible; measures it self and a crooked line, hereby the crooked cord of that which is called discretion, appeareth to be unlawfull, unlesse you take it as it ought to be, viz. discretion is to discern by the law what is iust.

Thirdly, Law (saith he) is called right, because it is the best birth right the subiect hath, for thereby his goods, lands, wife, children, his body, life, honour, and estimation are protected from iniurie and wrong, it being (as he saith) the surest sanctuarie that a man can take, and the strongest fortresse to protect the weakest of all, to every one of us there comes a greater inheritance by right, and the law, then by our parents, See also fol. 63. 97. ibim. and the 4, 5, 6. pages of my after mentioned Plea for a Habeas Corpus.

And truly Gentlemen, I cannot but acquaint you, that almost for this eleven yeares together, I have suffered abundance of lawlesse, bloody, wicked, cruell, barbarous, and tyrannicall(a) oppression, and never had legally to this houre any crime laid unto my charge, neither doth my conscience in reference to man accuse me of any, neither now I am confident can any be laid to my charge, unlesse it be for maintaining my self to be a man and not a beast, and standing for the lawes and liberties of my native Country, and keeping up as much as in me lyes, the right of propertie in meum and tuum, from being levelled and destroyed.

And yet even in the Tower of London, without all shadow or cullout of law, and iustice is my bodie unjustly detained in prison, by the Lievtenant thereof, by the power of armed men, who continually rob me of the priviledge of an English man, in debarring my friends from having free accesse to me, so that being in a manner destroyed in outward things, by reason of my long sufferings and large expences to preserve my self from utter ruin by my great and potent enemies, and having my own to the value of almost 3000. l. kept from me by the powerfull inflvence of the present Earle of Salisbury, old Sir Henry Vaine, my cruell Star Chamber Iudges, Mr. William Lenthall Speaker, my heavie adversarie, that hath maliciously and unjustly tost and tumbled me from Gaole to Gaole, and Mr. Oliver Cromwell, that usurper and murderer, who by his tyranny and usurped armed power, doth so over awe the major part of the Parliament, that they neither can, nor dare doe any man justice and right that he hates, being at present fit or nothing so much as to weare blew Iackets with Cromwells badges upon their armes, as his vassells and slaves.

And having never had to this day any allowance at all (as by law I ought to(b) have) from those that uninstly committed me, in the eye of reason I must of necessitie without your compassionate and resolved help speedily perish in a hole and a corner, which to doe in a fearefull and amazed silence, I had rather chuse to be cut in ten thousand pieces, or perish by the severest hand of iustice, neither indeed can I sit still or acquiese, in the deniall of justice or deliverance unto me, till I see it, that the use of any more meanes is in vaine, no more then I can cease to eate my meat, or weare my cloths to keep me warme. For as Christ saith, Mat. 11. 17. J have mourned unto them (that would causlesly destroy me) and they will not lament, and I have piped unto them, and yet they will not dance, and what to doe the next but what now I doe, I know not, secret things belonging unto God, but revealed things to me, and the generation in which I live, and therefore as a rationall creature (which is the image of God in which he created man) I act by those dictates, God dictates unto me as such a creature, the dictates of which are that it is as lawfull for me by the light of nature and the law of God (which hath commanded me to do no murder, and if not upon another then much lesse upon my selfe, and a murderer I am if I patiently and &illegible; suffer another to murder me, without using all meanes whatsoever for my own preservation, and therefore I iudge it as lawful for me) by all meanes possible to preserve my life from beastlike, Barish & wolvish men, as from the destruction of savage beasts, bares, and wolves themselves, which for my president in my judgement was continually practised by Paul himself, who in his straits made use of meanes for his own preservation in as high a nature as I have ever done, yea, and set his Iudges together by the eares Acts 24. And for my part, I iudge the second table as much the law of God as the first table, and as wel worth my laying down my life for the preservation of it as the first, knowing amongst men no religion worth owning, commending or imbracing, but that which teacheth a man to live justly, honestly, and uprightly amongst the sons of men, and to do to all men as I would be done unto, and if I would have another to doe good unto me, much more am I bound to doe it unto my self, and therefore for those men that place all their religion in prating and talking of religion, I pray God keep me from their airie and Kemero religion, and continue me one of the practisers of the actions of religion, it being Christs rule, to know the tree by its fruit, and James. to iudge of the faith by the workes. And as for those men, that care for no more but to get liberty to meet freely together, to prate and discourse of religion, and will let others without any cause, perish, tot, and be destroyed in prison, without using any meanes for their deliverance or preservation, J thinke may iustly be numbred amongst the Goats which Christ sets upon his left hand, and commands to depart ye cursed into ever lasting fire, prepared for the Divell and his Angells, Mat. 25. 32, 33. to the end, whose condemnation was not for committing evill, but for not doing good to those that were in prison, or nakednesse, &c. And if it be the Apostles rule, that he that will not worke shall not eate, then he deserves without doubt to starve, that will willingly suffer another to tye his hands, and so keep him from working, and sit down in patient silence without the use of all meanes to git his hands untied, that so he may goe to work again to earn his bread again. And if he be worse then an infidell, as the Apostle avers, that doth not provide for his own familie, then surely he is the same, if not worse, if worse can be, that suffers any man by will and pleasure, to take by force and violence, without his consent, that away from him that he hath provided for his familie, and sits down in silence and patience without using all possible meanes to get it againe, especially if it be his trade, or his libertie, which while by imprisonment it is restrained, he cannot follow his trade, upon which the life and being of his familie depends, all which in every particular is my case, and therefore J both must and will stirre for my liberty and my right, without the speedy inioymen: of which, I and my familie unavoidably perish, therefore in my own thoughts woe be unto me il J doe sit still, and yet in my actings J iudge it my duty and wisedome to goe gradually to worke, in the most iustest wayes that is sutable to christianitie and humanitie, and more then J have already done in a formall, magisteriall way, J cannot see J have to doe, saving the flying to the ordinary Judges in Westminster Hall for justice according to the Lawes of England, and if there J get it not, then J must of necessitie appeale to the body of the people, though it may be it may not help me, yet J must in duty and conscience doe it, (and iustifie it by the Parliaments doing it* themselves) though all their eares should be dease to my cryes and lamentations, and if J perish I perish, but yet I know my portion is with the Lord of glory in heaven, where to goe is for me best of all, yet J must worke, and all my potent adversaries shall not let me: till J have fully finished my course, appointed in the secret decree of my father Jn order to which it was, that J lately pend and printed my Epistle to the Speaker, daited the 4. April, 1648. called the prisoners plea for a Habeas Corpus, in the 7, and 8, pages of which, I have partly expressed my desires to you, as there you may read, and also there printed a petition, which I there do, and still shall earnestly intreat all those amongst you (in the Parliaments words) that have any sence of pietie, honour, honesty, pittie, compassion, christian simpethy, humanitie, or English fellow feeling within your breasts, to goe up in person the first day of the next Tearme by six or seaven a clock in the morning, with that my petition, to the Iudges sitting on the Kings Bench in Westminster hall, being Wednesday the 19 of this present April, About which petition J further earnestly desire to propound these ensuing things to your serious consideration.

1. That upon the next Lords day, and the Lords day after, being the 9. and 16. of this present April, that you improve vigorously, your severall interests to make the petition, &c. as publique as possible you can, either by getting is publiquely read, with the preamble, before it, or else neere or at the meeting places, naile up the pleast selfe, so that the Petition and preamble to it may be read.

2. Appoint frequent meetings in your severall stations, that so you may understand one anothers minds about it, and make your number as considerable as possible you can, for it concernes all your lives, liberties and estates, as well as mine, for suffer your selves to be robbed of the law, or to be murdared in prison, without due tryall or legall conviction, as without your spredy help J am like to be, and I will not give 6 d. for all your estates.

3. I earnestly intreat you at your first meeting amongst any of you, to resolve to send some of you to me, that so J may deliver unto you the Originall of my petition under my own hand, and acquaint you who I have alreadie fixed upon to speak to it when it is delivered in open Court, and see whether you approve of the partie or no, for abilities and resolution, and also that I may deliver three or foure copies of my plea for a Habeas Corpus, corrected with my own hand (for the printer hath made divers &illegible;) with a desire unto you, with so many of you as your selves shall thinke sit, to came one of them to Mr. Iustice &illegible; and another to Mr. Iustice Rowles, the Iudges of the Kings bench: and desire them to read it, and consider seriously of it against the Tearme, that so they may be sitted with courage and resolution enough not to break their oaths, but to doe me justice and right, according to the good, old, and iust law of the land, whosoever shall command them to the contrary. And I also shall further intreat you to came a third copie to Mr. Speaker, and deliver it to his own hands at his house, or else where, with your earnest desire to him, that he will discharge his duty in acquainting the house with my just and legall desires therein contained, that so they nor none of them may run upon the rocks (but at their perills) by commanding the Iudges to for sweate themselves, in not granting me a Habeas Corpus to bring or command my body and cause before them in open court, which is my right by law, As I have largely and fully proved in the foresaid plea, which command I shall look upon (if any such shall be) to be as traiterous a subvertion of the fun &illegible; lawes and government of England, as in the first Article of their impeachment they charge the Earle of Strafford with who lost his head as a Traytor therefore, as by his bill of Attainder you may read, printed in the 19. pag. of my late book, called the Peoples Prerogative, for I find by the notes of some present at the Earle of Straffords Arraignment, that the principall witnesses against the Earles first article, was Mr. Musgrave (who witnessed to this effect, that the said Earle made his will and pleasure Lord paramount above the law of England about prohibitions, and was angry with Iudge Hatten for granting them, (as Mr. Thorp witnessed he had heard the Iudge say) and in the hearing of Mr. &illegible; Musgrave (late prisoner in the Fleet) did about the year 1631. Threaten to clap close by the heels all them that brought them into the Court to plead them before him, though they were & still are part of the antient and iust law of England, upon whose crime for the endeavouring to subvert the law, and introduce an arbitrarie tyrannicall government of will and pleasure. Mr. Iohn Pim in his first speech against the Earle upon &illegible; the 23. March, 1640. and the second day of his tryall, had these words, viz. that the Earle of Straffords crime was a treason far beyond the reach of words, and that no punishment could be thought upon sufficient to expiare grimes of such a transcendent nature.

And Mr. Glyn upon Wednesday the third day of the triall told the Lords at the bar, that the Lord of Strafford was impeached not with simple, but accumulitive Treason, in the masse of which taken in one view, he (the said Earl) should be undoubtedly found the most wicked and exorbitant Traytor that ever was arraigned at the Lords bar, and I am sure to stop habeas Corpesses is as great a Crime in law as to stop prohebitions; but if you should aske me the question whether J did not send my Plea to the Speaker in writing before I printed it.

J answer no, and the reason was, because if I had so done it is possible my adversaries might have prevented the printing, and publishing of it, neither have I yet sent him one in print, and the reasons of that are,

First, because if I should have sent it by a single friend it is possible he might have bin clapt by the heeles, or have come to some other trouble about it, or if he had not, yet he would not well have dared to have clostly followed the Speaker for answer to it, which I much desire, & must strongly endeavour for.

And Secondly, to send it by my Wife is to no purpose at all but to throw it away as wast paper.

First, because that about September 1646. as she was following a Petition for me (being then with Child) at the House of Commons doore, she had like to have been murdered (without any offence in the world given by one Richard Vaughin a gold smith in Foster laine, and then Ensigne to that dayes guard, at which the members of the House were no whit offended, but rather rejoyced at it, the story of which you may reade in the 32. 33. pages of my book called, Londons liberties in Chains.

Secondly, because that by Col. Baxster and his Soldiers, she had like to have bin run through with their swords, for doing that which nature and humanity teacheth her to stick close to her husband in his adversity and affliction, the 19. of Jan. 1647. being that very day, that I my selfe had like to have been murdered by them for no other Crime, but for standing for my legall liberties, given me by the law my Country, as you may read in the relation thereof 24, 25, 26. pages of my Whip, in which regard, especially being great with child, she date goe no more to the House of Commons to follow my businesse there, least for so doing she be murdered in good earnest, but besides if she durst goe again, yet,

Thirdly, I being so much at enmity with Baxster his under Officers and Soldiers as I am (who are on purpose (against all law and justice) set as a guard to keep the people of England from having free accesse to the House of Commons to seek for justice from them which is such a practise that all Pagan Judges in the world may justly blush at) they will be sure to deny my Wife any accesse at all, and therefore have I judged it altogether in vaine to send her any more to follow my businesse there, for me, And therefore in this Strait I must a little rest upon some of you.

And therefore in the last place, seeing by law that the Parliament it self hath often declared, though your number be never so great that goes up, there is no danger in law unto you carrying your selves (as in the least I doubt not but you will) quietly and peacably. First part book Decl. page 201, 202, 109, 148, 691. 720. so on the contrary, misbehaviour in Westminster Hall the Court siting is very dangerous by the Common Law, as, Sir Edward Cook declares in the 2. part instituts. fol. 549. & 3. part institutes chap. 102. fol. 218, viz. to strick, is the lose of the right hand, &c.

Therefore to wind up all I most humbly intreat you speedily to publish this in print amongst you to some purpose, that so by the knowledge hereof, your company may be the more considerable, and all of them the better know, how without detrimene to themselves, or me, to behave themselves when they got up, the effectuall publishing of which, with the petition to it if you please. I shall take for a very great Obligation, and Tye to remain.

Your faithfull and ingaged Country-man
to servey on in the reall service of hit
Country, zealously and Couragiously
to the last drop of his hears blood.

John Lilburne.

The Petition thus followeth.

To the honourable the Judges of the Kings bench. The humble Petition of Lievt. Col. Iohn Lilburne Prisoner in the Tower of London,

Sheweth,

THat your Petitioner is an Englishman and thereby &illegible; and intithled to the benefit of all the lawes of England which by your Oaths(†) you are &illegible; indifferently and equally without stare or partiallity to administer grates to all persons rich and poore, without having regard to any person notwithstanding any command whatsoever to the contrary.

Now forasmuch as a Habeas Corpus is part of the law of England, and ought not by law to be denyed to any man(*) whatsoever that demand it, which though your petitioner earnestly endeavoured the last Tearme to obtaine, yet could not prevaile with his Counsell to move for it, although he hath almost this two yeares been detained in prison in the Tower of London, without all shadow of Law or Iustice, and by the Lievtenant thereof, hath been divorced from the societic of his wife, debarred from the free accesse of his friends, deprived of the use of pen, inke and paper: all which usages are against the expresse &illegible; and Statutes of this land, your petitioners birth right and inheritance.*

Therefore your petitioner humbly prayeth, according to his right, and your oaths, the benefit of a Habeas Corpus, (and that be may have it gratis according to the law of the land and your Oaths) to bring his body and cause before you in open Court, there to receive your award and Iuigement according to the declared Law of England.

John Lilburne.

And your Petitioner shall pray, &c.

&illegible; Country-men; Since I write this Letter to you I fully understand my &illegible; have a Designe speedily to send me Prisoner to a Castle, many Myles remote from London: Where I cannot but &illegible; they intend absolutely to murder me in good earnest: And therefore, in the bitternesse of my soule, and the anguish of my spirit, I mournfully implore the effectuall presence, of as many of you as possible can be at Westminster Hall to morrow morning, by six or seven a clock without Stafe or Sword, to deliver my Petition for mee, and I shall rest.

Yours in so doing much obleidged,

Iohn Lilburne.

FJNJS.

Endnotes

 [a ] These are the words and Epithies of the Parliaments Votes of the 4. May 1641. in reference to my Star Chamber sufferings, see innocencie and truth iustified; pag. 65, 72. and my relation before the Lords of the 13. Feb. 1645. pag. 11. wher their votes are printed.

 [b ] As J fully proved in my speech of the 19. Ian. 1647. at the house of Commons barre, which you may read in my whip for the Lords. p. 21, 22.

 [* ] 1. book. pag. 197. 255. 278. 496. 636. 666. 700.

 [† ] Which is printed in Pultons collect, of Statutes fol. 144. and the peoples prerogative. p. 10.

 [* ] See 2. H, 5. ch. 2. Petition of right, 3. C. R, & the act that abolisheth ship money, 17. C. R. 2. partin. fo. 53. 55. 189. 615. 616. &illegible; part f. 71.

 [* ] 2. parinst. f. 56. 63. 97. 526.

 [† ] See the 26. of Magna Charta, and Sir Ed. Cookes exposition upon it, fol. &illegible; & 3. Ed. 1. ch. 26. and the exposition upon it in 2. par. in, f. 210. & f. 74. 533, 535. and the stat. of the 11. H. 4. N. 28. not printed &illegible; the Stat. book, but is printed in the 3. part inst. fol. 146, 224, 225.

 

 


10.13. John Lilburne, The Prisoners mournfull Cry, against the Judges of the Kings Bench (9 May, 1648)

Bibliographical Information

Full title

John Lilburne, The Prisoners mournfull Cry, against the Judges of the Kings Bench. Or an Epistle writ by lieut. Col. John Lilburne, Prisoner in the Tower of London, unto Mr. Iustice Roll : Declaring the illegall dealing of himself, and Mr. Justice Bacon with him, in reference to his Habeas Corpus. Vnto which is annexed his two Petitions to the said Iudges, and the Petitions of Mr. William Thompson, and Mr. Woodward &c. In which are contained a Lash for Mr. Oliver Cromwell and other his spaniolised Creatures. With divers other remarkable things worth publique view.

Iohn. 19, 20, 21. For this is condemnation, that light is come into the world, and men loved darknesse rather then light, because their deeds are evill. For every one that doth evill, hateth the light, neither commeth to the light, lest his deeds should be reproved. But he that doth truth commeth to the light, that his deeds may be made manifest that they are wrought in God.

Estimated date of publication

9 May, 1648.

Thomason Tracts Catalog information

TT1, p. 619; E. 441. (17.)

LWV

T.142 [1648.05.09] (10.13) John Lilburne, The Prisoners mournfull Cry, against the Judges of the Kings Bench (9 May, 1648).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Honoured Sir,

BEing a sensible English man, I am compelled to struggle for my portion in the Lawes and liberties of my native Country, and according to my previledge and right, after all the Councell in England, that I could rationally pretend to have any interest in, had given over (through feare) the doing of that for me, which by the duty of their places they are bound to doe for me, or any English man else, for his see; I was necessitated to set my own brains, at work to help my self, and &illegible; in that Act that abolished the Star Chamber, I there found, that if any be committed, or re framed by the Warrant or Order of the King, his Heires or Successors in their own person, or any of his privic Councellors, &c. that in every such case the party committed, upon demand or &illegible; &illegible; by his Councell, OR OTHER JMPLOYED BY HIM for that &illegible; &illegible; to the Iudges of the Court of Kings Bench, or Common pleas in open Court, shall without any delay upon &illegible; pretente what soever, have forthwith granted unto him, a Writ of Habeas Corpus, &c. And &illegible; upon that clause, viz. Other imployed by him, my own reason told me, it must be by some man &illegible; from a professed Lawyer. So that thereby seeing Councell had refused to move for &illegible; the Tent me before, I was a casting about upon which of my private friends to pitch upon to &illegible; for me, Judging it to be my naturally legall right to appoint whom I please, and therefore reasoning the case with others that knew something of the Law, I was put upon a Petition, Councellours at Law telling me, as the case stood with me, a Petition presented in open Court, by a friend, &illegible; as legall as a motion by a Councellour at the Barre, notwithstanding &illegible; &illegible; &illegible; orders &illegible; by the Court, for the monopolizing profit of the Lawyers to the contrary. Now if this be true in law, you have done me injustice in denying me a Habeas Corpus upon my Petition, and &illegible; my Solieitor to name Councell to move for it against their wills and minds, who it may be, are afraid of an arbitrary destruction from my potent adversaries, who de facto have already done, it upon divers others. Yet they moved, and you granted me a Habeas Corpus to bring my body and cause before you, which by my Petition upon the &illegible; April last, I certifie unto you the Lievtenant, will not obey, and sent it to you in open Court by my Solicitor, who before you was ready to make oath of the delivery of the Habeas Corpus, in which Petition I earnestly presse for an Altas, and yet notwithstanding you will not grant it to me though it be &illegible; right by Law, whereupon I was delayed (as I conceive by your and my Councells scarfullnes) for 4. or 5. dayes before I could get it moved, and when upon Saterday last my Councell did move, &illegible; &illegible; delayed by you (which Sir Edward Cook often saith, is worse then to deny me iustice) and can not obtaine an Alias from you as by Law. I ought, and although I understand a returne (whether true or false I know not) is made of my commitments, yet it is neither read in open Court, &illegible; &illegible; in Court, so that I cannot judicially get a Copy of it, to see whether it be true or false, which is a wrong in Law unto me. And that mock return is no Obedience to the Habeas Corpus which commonds my body as well as my cause to be returned.

Sir, I also understand that before you will grant me an Alias, you have ordered to heare my Councell upon Tuesday next, upon the return, when as &illegible; they have many dayes since sent me word, they &illegible; altogether unwilling to plead to the illegallity of my Commitment, or any further saving to the point of a Habeas Corpus. And truly Sir, I cannot much blame them, considering they now see Mr. William Thompson a free man of England, and no Souldier, taken away by Cromwell and treton from the House of Commons Doore; and violently carried to &illegible; and there by Marshall Law by them, &c. condemned to dye, to the subvertion of the lawes of the land, for which they deserve the Earle of Straffords punishment, and you will not doe your duty speedily to relieve him, which it may be they may thinke may shortly be their own case, if they should be bold, and effectually plead the Law for me, and therefore they leave that part of my plea to my self, when I come to the Bar, which I am ready and willing at my perill to undertake, and therefore doe earnestly intreat you, at either iustice or honour &illegible; within your &illegible; without any further &illegible; to great me another Habeas Corpus, (with a large penalty in it) which it my right by Law, for the denyall of obedience to the first by my Gaoler, is against &illegible; which offence he is subiect by law to be fixed at the pleasure and discretion of the Court which &illegible; hath &illegible; And J wish my Councell may have oritory enough to &illegible; the offence, and presse &illegible; a large fine upon him.

2. To as action upon the case for false imprisonment, upon which action the party &illegible; shall recover great damages.(a)

3. He maybe indicted for his offence and &illegible; of the Law, and upon his conviction, he is to be &illegible; imprisoned, and to be at the mercy of the King.(b)

But &illegible; Sir to what purpose is all this, if J cannot injoy the benefit of the Law from your hands, and therefore Sir, I humbly intreat you to bee &illegible; effectuall instrument to command my body before you according to your duty, to plead for my life and the &illegible; of my distressed wife and little children, that are all wraps up in mine now dying a lingering death, worse then the sword to any heroicall mind, and either effectually according to your oath, doe &illegible; speedy justice, without any more fearefull delayes, or else cease to been Iudge. And therefore let nothing before you be done in my absence about the &illegible; of my cause, for &illegible; Councell dare not presse my businesse home, neither can I well presse it upon them, because I have nothing confiderable to &illegible; &illegible; if they should suffer therefore.

But if you will got on with your intentions to morrow, then I intreat you, that if I cannot speak in person before you, that I may speak unto you by my pen, what my Councell dare not &illegible; &illegible; me. And that my Plea which J have &illegible; to plead my self when I shall be brought before you, may be read in open Court with my Councell at the Barre, and J shall so farre willingly &illegible; aside at present my priveledges, as to abide your iudgement upon reading my Plea, and hearing my Councell upon it, for all, that I desire is but to be laid to the true touchstone of the Law, and my guilty conscienced adversaries shunning that clearly thereby declare, they are workers of iniquity, and dare not abide the light, Iohn 3. 19. 20. 21.

Sir my extremities and sufferings are transcendent, and if you will not do me Iustice for Iustice sake, know that I have writ these lines in purpose to leave you without excuse, knowing ther is a righteous God in heaven that judgeth righteously, and beare the sight and greens of his poore oppressed and destressed Prisoners, and many times even on earth punisheth Iudges with the law of like for like, unto whom J mournfully commit my cause, and now at my last legall hopes, it from your hands I can get no justice, but must be exposed by your hard heartednesse to ruin and destruction, then a desperate disease must have a desperate cure, and the will of God be done, for like a man of mertell and resolution that neither feares &illegible; of Divells nor men, death nor bell, (assuredly knowing my portion is in heaven with the Lord of glory, in whose bosome I shall one day rest,) I am resolved to perish, but shall take my leave, yet, to subscribe my self

Your affectionate friend and servant

Iohn Lilburne.

If you please, I intreat you to shew this to your Brother, Mr. Iustice Bacon.

My forementioned first Petition the 19. April, 1648. verbatim that followeth. To the honourable the Judges of the Kings bench.

The humble Petition of Lievt. Col. Iohn Lilburne Prisoner in the Tower of London.

Sheweth,

THat your Petitioner is an Englishman, and thereby intailed and intituled to the benefit of all the lawes of England which by your Oaths(a) you are sworne indifferently and equally without &illegible; or partiality to administer &illegible; to all persone rich and poore, without having regard to any person notwithstanding any command whatsoever to the contrary, though signified under the great(b) &illegible; the little Seale, or any otherwise, yet it &illegible; not delay, or disturb common right, nor you cease to doe it in any point according to the law of the Land.

Now for as much as a Habeas Corpus is part of the law of England, and ought not by law to be &illegible; to any man(c) whatsoever that demand it, which though your petitioner earnestly endeavoured the laft Tearme to obtaine yet could not prevaile with his Counsell to move for &illegible; although &illegible; hath almost this two yeares been detained in prison in the Tower of London, without all shadow of Law or iustice, and by the Lievtenant thereof, hath been divorced from the &illegible; of his wife, debarred from the free accesse of his friends, deprived of the use of pen, &illegible; and paper: all which usages are against the expresse Lawes and Statutes of this Land, your Petitioners Birth-right and inheritance.(d)

Therefore your Petitioner humbly prayeth, according to his Right, and your Oaths, the benefit of a Habeas Corpus, (and that he may have it Gratis,(e) according to the law of the Land, and your oaths) to bring his body and cause before you in open Court, there to receive your award and Iudgement, according to the declared law of England.

And your Petitioner shall pray,

Iohn Lilburne.

My forementioned second Petition of the 25. April 1648. thus followeth.

To the Honourable the Iudges of the KINGS BENCH, The humble Petition of Lievt. Col. John Lilburne, Prisoner in the TOWER of LONDON.

SHEWETH,

THat upon a Petition delivered to your Honours upon Tuesday last, being the 19 present you were pleased to assigne councell to move for a Habeas Corpus to bring your Petitioners body and cause before you, which accordingly you were pleased to grant upon their motion, and to make the writ retournable this present. Tuesday, as which time, after a long causlesse and unjust imprisonment, your Petitioner hoped to have bin brought before you to have pleaded for his life, which hath bin strongly endeavoured by his potent adversaries, in his unjust imprisonment, to be taken away from him, having kept him most illegally in a chargeable imprisonment, almost two years together, without ever laying any &illegible; legally to his charge, or bringing him legally to any Bar of justice to a legal Tryal, keeping almost 3000 l, of his own proper right from him, and in his hard and extraordinary chargeable imprisonment have not yet allowed your petitioner a peny to live upon, although an allowance according to his quality, be his right by the custom of the place where he is a Prisoner, divers rich Members of the present house of Commons having from the present King enjoy’d the same,* notwithstanding the peaceable possession of their great estates in the begining of his raign.

Yet notwithstanding this, and all other earnest endeavours, your Petitioner hath with unwearied industry used to bring himself to the Bar of Iustice, there to receive but so much fevour as every Traytor, Murderer, or Rogue ought to enioy, viz, the benefit of the Law, professing unto you that is all the Favour, Mercy, Pitty, and Compassion he ceaves at the hands of all the Adversaries he hath in the World, chusing rather to expose himselfe to any death in the World, then to a languishing tormenting death in a murthering Goale, which your Petitioner cannot but feare is the determined resolution of his bloody and cruell adversaries, &illegible; that Col. Robert Tichburne, the present &illegible; of the Tower, refuseth to returne the Body and cause of your Petitioner before your Honours according to the legall command of the said Writ of Habeas Corpus.

Now forasmuch as your Petitioner doth aver, and offers upon his life to mak it good by Law, that although your Petitioner be committed by two pretended Warrants, yet the Courts that made them, have not the least shadow or colour in law to commit your Petitioner, being they are not, nor never were intrusted by law, either divided or &illegible; to by the executors of it; and though they had a legal jurisdiction in Law to commit your &illegible; (which they have not) yet by both their warrants ther is no legal crime at all expressed wherefore they commit your Petitioner (generall charges in Law being no charges nor crimes*) and therefore there is no colour in Law for his imprisonment or detention.

Wherefore your Petitioner most humbly prayeth a second Writ, with a strict and severe penalty in it, according to Law, to command his body and cause before you, and that according to the duty of your places, you forthwith grant it to your Petitioner without any further motion of Counsell, it being as legall for your. Petitioner to move for it by his Petition, or by any friend he shall depute and appoint, as by a Councellor.

And he shall pray, &c.

John Lilburne.

The forementioned Petitions of Mr. Woodward, and Mr. Thompson, &c. thus followeth.

To the Honourable the Iudges of the Kings Bench. The Humble Petition of Richard Woodward, and Mary Collens, prisoner in the White Lyon Southwarke.

Sheweth,

THat your Petitioners are freeborne people of the English Nation; and are thereby &illegible; and intituled to the benefit of all the Lawes of England, which by your oaths(a) you are sworn indifferently and equally without scare or partiallity to administer Gratis, in all persons rich and poore, without having regard to any person, notwithstanding any command whatsoever to the contrary, though signified under the great Seale, or the little Scale, or any otherwise, yet it shall not delay not disturb common right, nor you cease to dot it in any &illegible; (b) according to the Law of the Land.

Now for as much as a Habeas Corpus is part of the Law of England, and ought not by Law to he denyed to any man whatsoever that demands it, (c) it being your Petitioners Birthright and inheritance, who are now detained in hard durance contrary to Law and Iustice without &illegible; or Mainprise(d) though it hath often been proferred to those, &c. that &illegible; committed your petitioners to prison, where they violently and illegally keep them without bringing of them the last &illegible; to a tryall at Law, as by Law they ought to have done.

Therefore your petitioners humbly pray, according to their right, and your Oaths, the benefit of a Habeas Corpus (and that they may have it Gratis according to the Law of England, and your Oaths) to bring their bodies and causes before you in open Court, there to receive your award and judgement according to the declared Lawes of England.

And your Petitioners shall pray, &c.

Richard Woodward.

Mary Collens.

To the Honourable the Iudges of the Kings Bench. The humble Petition of William Thompson a free Commoner of England, and no Soldier.

SHEWETH,

THat the lawes of England are your petitioners inheritance(a) and birthright, by vertue of his being an Englishman, by which inheritance he hath this priviledge, that he shall not be restrained of his liberty, imprisoned, past upon, or condemned, but by the declared lawes of England(b) viz, by a sworn Iudge of the law, in the ordinary Courts of justice, and by a grand jury and a petty jury of 24, legell men of his equals, and of the neighbour-hood, where the crime is pretended to be committed who are iudges of matter of(c) fact) they are the very words of the Petition of Right, yet notwithstanding may it please you honours, so it is that in Feb. last, your Petitioner was without any the least shadow or colour in law, taken without any warrant in writing by the power of armed Soldiers, and carried by force of Arms prisoner to the Marshall generall of the Army, by vertue of the verball commands of some pretended officers of the Army, and hath ever since been by force of armes against all law and justice kept prisoner in White Hall, where he hath been most barbarously and inhumanly used, and his life endeavoured to be taken away from him by the pretended power of Marshal law, to the high & transcendent violation of Magna Charta the Petition of Right, and all the fundamentall lawes of England, it being declared by that learned Lawyer Sir Edward Cook in the 3. part of his institutes chapter of murder fo. &illegible; (which book is published by this present House of Commons for good Law) that for a generall of an Army or any other that hath Commission of Marshall authoritie in time of peace (is now it is, and is so declared by the Parliament in their last Declaration against the Scotch Commissioners) to hang, or execute any man whatsoever (Souldier or other) by culler of Marshall Law, it is absolute Murder, and hath been in Law often so adjudged, as he there declares.

Now forasmuch as your honours are Iudges of the Law, and sworne impartially to doe equall execution there of, your Petitioner therefore craveth the benefit of a Habeas Corpus gratis, his undoubted right by law, to command his body and cause before you in open Court, thereto receive your award and iudgement, according to the declared Law of England.

And your petitioner shall pray, &c.

William Thompson.

To fill up this wast paper, I shall desire the Reader to cast his eyes upon my Instructions about my Habeas Corpus, which I gave unto my Soliciter, which thus followeth.

Sir,

I am in some sence sorry you named my Councell at all, for I could have wished I had laid a moneth in prison longer, so it had been put upon this issue, to have demanded the Iudges answer possitively. whether upon the bare Petition they would have granted me the Habeas Corpus or no.

For first, I am sure it is as much my right by a Petition, as a thousand motions, and as they would have done me an inconvenience in denying it, so I am sure I should have done them a greater in conclusion, which in my own thoughts would have been equivalent to my losse.

Secondly, This way in not granting it without the motion of a Lawyer, destroyes our native and legall rights, for if I authorise you to doe it for me in the case I am in, the Iudge by Law ought to heare you for me as well as any Lawyer in England, as appears by the Act that abolisheth the Star Chamber. 17. C. R.

Thirdly, This destroyes all poor oppressed men, that have not a Fee to fee a Lawyer, who commonly will but move his lips very faintly without it, whereas if the right of Petitioning were kept up, divers that perish and are destroyed in prison would be relieved thereby.

Fourthly, This is destructive to the lives and being of all oppressed men, that are committed by potent adversaries, as I am, having both houses and the Grandees of the Army to deale &illegible; the single Grandees of the Army, having already crushen and banished by power and force, &illegible; &illegible; in comparison of such little &illegible; &illegible; Mr. Narbarow, and Mr. Cook, unto whom I am so much oblieged, that I am not free to presse them to doe that for me, that that Lawyer must doe that will doe my businesse as it ought to be done, their professions being their livelyhood, for any thing I know, and if for their honest, resolved resolution in my businesse they should suffer, I am not able to require them, and truly I am afraid they cannot effectually doe me service in the present case, but they must run the hazzard of their own unavoidable ruine, and therefore when you give them their sees, presse them to this or nothing, viz.

To keep the iudges close to the right of a Habeas Corpus, to be granted to whoever craves it, by whomsoever committed, and that he is not, nor ought not, nor cannot judicially take cognizance by whom, or for what I am committed, till it appeare legally and judicially in &illegible; Court before him, and it is my positive instructions, they shall not tell the Iudge by &illegible; I am committed, and if the Iudge himself shall tell them by whom I am committed, and so &illegible; to bull me and them, I desire them with all their skill to wave that, and presse for a Hebtis Corpus, and then upon the return it will appeare, and I am sure judicially, they or he cannot &illegible; their judgements upon reports, all that I desire is but a Habeas Corpus, to come to the Baire to plead my cause my self, and I shall easily my self make it appeare by law, that these that committed me, have not the least shadow or collour in Law to do it, all that I desire without further dispute, is but to have the Iudges Negative or Affirmative, by vertue of my right in demanding of it, for the Iudge ought not to inquire by whom I am committed, neither ought they to tell him, but it is enough I am in prison, which you may make Oath of, and it is his duty upon my demand to grant me a writ to bring my body and cause before them, and let them deny it at their &illegible; for it they doe J weigh it not at all, for yet I am not totally prison sick, and I desire no more advantage to trouble them in due time, as bad as a nest of Hornets or Wasps, but their positive denyall. Present my hearty service to Mr Sommers my Attorney, and desire a bill from him, and Make his last Treames businesse even, only take notice I sent him 10. &illegible; and bid him expect and look for the Gaolers answer, and speedily send it to me, but in treat him hereby to goe no further without my further instructions, and I shall rest.

Yours to serve you,

John Lilburne.

Now O all true hearted English men that love justice and reall actions, more then persons and sactions, seriously consider and way my unparaleld condition who was brought into my contest with the House of Lord by Mr. Oliver Cromwell (that usurper tyrant theese and murderer as, in the 9. 10. 11. p. of my late plea for a Habeas Corpus I fully prove him to be, and am still ready at the Kings Bench bar to make it good with my life) and when he had brought me into the briars, ther like a base & persidious man leaves me to be &illegible; in precca, and not only so: But in the third place, joyns with the Earl. of Manchester, &c. (whom he had inreached of Treason, (and against whom he had engaged me) to destroy me, because I will not stope to the jurisdict: on of the House of Lords over Commoners, although by law they have no more then so many Tinkers and Chimny sweepers have, as is &illegible; proved in my books called the free mans freedom vindicated, the Anotamy of the present House of Lords. The oppressed mans oppression declared. The Out-cryes of oppressed Commoners, my Grand Plea before Mr. Moynara of the house of Commons 20. October 1647. The Peoples prerogative, and my Whip for the house of Lords, and in the books called Sir John Maynards case &illegible; stared. The Royall Quarrell The Plea and Protest of A. B. a Citizen of London, and the &illegible; printed Petitions of the imprisoned Aldermen of London, and yet though by all these books the Lords jurisdiction over Commoners in any case by law is levelled with the earth, yet nothing will serve Cromwells take for my opposition to the Lords in &illegible; my own liberties, but my blood, although if he would have &illegible; me to my liberty, and that which the Parliament &illegible; ones me, I have offered him to leave the Kingdom, and totally to refer all differences &illegible; us to the finall determination of his own Generall, and for my contest with the Lords wholly to the house of Commons, or the Iudges of the Common law, none of which he will imbrace, and therefore judge righteously betwixt us.

FINIS:

Endnotes

 [a ] 32. Ed. &illegible; Rot 71. & 79. Corumrege &illegible; & 2. part inst. fol. 53. & 13. & 13. Ed. &illegible; 39. &illegible; the exposition of it, in 1. part &illegible; 451. 452. & Rustalls book of &illegible; &illegible; 501. 606.

 [b ] West. 2. being 3. Ed. 1. ch. 15. at the &illegible; see also the exposition upon it, 2. part last. fo. 191. and 28. Ed. 1. ch. 16.

 [a ] Which is printed in Paltons collect. of Statutes fol. 144. and the peoples prerogative. p. 10.

 [b ] See the 9. H. 3. ch. 29. & 2. Ed. 3. ch. & 14. Ed. 3. ch. 14. & 11. &illegible; 2. ch. 10. and the Petition of Right, the 3d. C. R. & 2. part inst. fo. 56. & 4. part inst. fo. 68.

 [c ] See 2. H. 5. ch. 2. Petition of right, 3. C. R. & the act that abolished the Star-Chamber 17. C. R. & 2. part inst. 53. 55. 189. 615. 616. & 4. part f. 71.

 [d ] a. pat inst. f. &illegible; 63, 97. 526. and 4. part folio. 41.

 [e ] †See the 26. of Magna Charta. and the exposition upon it in the 2. part inst fol. 42. & 3. Ed. 1. ch. 16. and the exposition upon it in the 2. par. in. f. 210. see also f. 74. 533, 535. and the stat. of the 12. H. 4. No. 28. not printed in the Stat. book, but is printed in the 3. part inst. fol. &illegible; 224, 225.

 [* ] Mr. &illegible; &illegible; confessed about a year agoe, he spent the King whilest he was Prisoner in the Tower, 1500. l. in &illegible; and good Cheere, and yet by this Parliament he had 5000, l. voted him for his said sufferings, and so had Mr. Seldon and all the rest of his fellow sufferers, & some of them it is said have already received all their money.

 [† ] See the 29. ch. of Magna Charta, and the exposition upon it, in the 2. part, &illegible; fol, 46. &c. and the Petition of Right 3. C. R. and the act that abolished the Star-chamber the 17. C. R. and the 5. R. 2, Rot. Parl. num. 45. and 1. H. 4. num 79, and 5. H. 4. chap. 6. & 8. H. 6. ch. 7. and 11. H. 6. chap. 11. 23. H. 6. ch. 11. 15. and 4. H. 8. ch. 8. and 1 and 2. P. and M. ch. 10. and 4. part insti. fol. 25. 1. par, decl. p. 48. 2. 278.

 [* ] 2, par. insti. fo. 52. 53, 325. 318. 59. 1. 615. 616. and 4 pert fo. 39. 1. part book dec. pag. 38. 77. 201. 845. and the votes upon the impeachment of the 11 memb. the petition of Right the 3. C. R. and the act that abolished the Star-chamber 17. C. R. printed in my book called the peoples prerogative page 22. 23. 24. 25. 26.

 [d ] 1. part inst. lib. 3. ch. 7. Sect. 439 fo. 260. & 2. part inst. fo. 42, 43. 53. 54. 125. & 3. Ed. 1. ch. 25. See Sir Ed. Cooks exposition upon it, 2. part inst. fo. 186, 189, 190, 315. see also 1, and 2. P. and M. chap. 13.

 [(a) ] 2. part institutes fol. 56. 63. 97. 526. and 4. part insti. fo. 41.

 [(b) ] see the Petition of Right made in the 3. C. R. confirmed this Parliament in every particular by the act that abolisheth ship money, see also the act that abolished the Star-Chamber, 17. C. R. and 2. part insti. fo. 46. 47. 50.

 [(c) ] See 1. part insti. lib. 2. chap. 11. sect. 193. fol. 135. and chap. 12. sect. 134. fo. 155. 157. and 13. Ed. 1. ch. 38. and 28. Ed. 2. ch. 9. and 34. Ed. 3. ch. 4. and 42. Ed. 3. ch. 11.

 

 


10.14. John Lilburne, The Laws Funerall (15 May, 1648)

Bibliographical Information

Full title

John Lilburne, The LAWES Funerall. OR, An Epistle written by Lieutenant Col. JOHN LILBURN, Prisoner in the Tower of London, unto a friend of his, giving him a large relation of his defence, made before the Judges of the Kings Bench, the 8. of May 1648. against both the illegall commitments of him by the House of Lords, and the House of Commons, and how that the Judges in open Court, were necessitated to confesse, there is by neither of the commitments any crime in Law laid unto his Charge, yet though he was imprisoned for nothing, being committed by a superiour Court the Lords, and that upon a Sentence, they could not release him, but remanded him back again Prisoner unto the Tower, which is a full Declaration, there is no Law left in England now, but that the people thereof must be governed by the lust, will and pleasure of the House of Lords, &c. and though they deale never so unjustly with them, to the causelesse destruction of their Lives, Estates, and Families, yet the Judges of England (being in deed and in truth meere Ciphers) cannot remedy it, because it is done by their superiours, the House of Lords; wherefore the said Iohn Lilburne doth declare his sorrowfulnesse in his great mistake, in zealously stirring up the people of England to stand up to maintain their Lawes, seeing they have none in being, but the will of the Lords, and therefore according to his promise, to the Judges in open Court; he provokes all the Commons of England out of all the Counties thereof, to hasten up to Westminster to the Lords house, and there suffer the Lords (who now have conquered and subdued all their Lawes) to bore them through their eares as their vassalls and slaves, if they can beare it with patience.

Proverbs 28.1. The wicked flye when none pursueth; but the Righteous are as bold as a Lyon.

Estimated date of publication

15 May, 1648.

Thomason Tracts Catalog information

TT1, p. 621; E. 442. (13.)

LWV

T.143 [1648.05.15] (10.14) John Lilburne, The Laws Funerall (15 May, 1648).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Deare Sir,

AT your earnest desire, I cannot chuse but give you, and the world, as perfect account as I can, of all that passed before the Judges of the Kings Bench, in reference to my selfe, upon Munday last, being the 8. of this present May. And in the first place, I must intreate you to take notice, of the reason or cause of my being there that day, which was upon my own earnest desire; for looking upon my selfe unavoidably in the roade way of destruction, in the continuance of my causelesse and arbitrary imprisonment, and finding the generality of the House of Commons, (who should be the true and faithfull conservators of the Lawes and Liberties of England) dease unto Justice, and their eares and hearts sealed up against it, so that of them, I for my part may almost complain, as the Psalmist doth, they are all gone aside, they are altogether become filthy: there is none that do good, no not one; for they eat up the people as they eat bread, and call not upon the Lord. Psal. 14. 3. 4.

I say, at the serious consideration hereof, musing with my selfe what to do for my own preservation, and the preservation of my wife and little Children (which nature and the Law of God teacheth me to endeavour with all my might) who are all in the eye of reason unavoidably destroyed in my continuance in prison, and I was staved of in my own Conscience, from the use of extraordinary meanes for my deliverance, till I had attempted what the Judges of the law would do for me, whom I looke upon as my last legall refuge, and supposed they might happily do me some good; but I durst not feede my thoughts with any confident hopes of Justice from them, being they are created, and made Judges by the power and authority of my potent adversaries, and therefore must needes serve their ends, or else be thrown out of their places, yes I was resolved to put all the strength I had to the work; and for that end, I, the 4. of April last writ an effectuall letter to the Speaker of the House, & in print intitulled it, The Prisoners Plea for a Habeas Corpus, & therein print my Petitioned to the Judges of the Kings Bench, for my Habeas Corpus, and because Councell the last Teime had failed me, and durst not move for me; I was necessitated to write another Epistle the 7. of April 1648. to all the morall honest Englishman, in and about the City of London, whether Episcopall, Presbyterian, or those commonly called Sectaries, and in print intitulled it, The oppressed mans importunate and mournfull cryes, to be brought to the Barre of Justice, in which I earnestly intreat them the first day of the Tearme, being April the 19. 1648. to deliver my Petition for me, and get me a Habeas Corpus, which now I thank them, divers of them did; and procured me a Habeas Corpus, which the Lieutenant of the Tower withstood, and did not carry up my body; whereupon I by a new Petition complained of him to the Judges, but they in my &illegible; grew som what deafe; upon which I was necessitated the very present to write a rusling letter to Judge Roll, which in print is intituled,

Vpon which letter I had an Alias granted me, with a penalty of 40 l. which the Lieutenant obeyed, and accordingly upon Munday last, sent my body to Westminster, where I arrived betwixt 8. and 9. a Clock, and found both the Judges and my Grandee Adversary, Soliciter, Sr. Iohn, &c. very hard at whispering discourse, neare the Chancery Court, and upon the Judges going to the Bench, I stept to the Barre, and presently the Lieutenant of the Tower was called to make a returne of his Habeas Corpus, whereupon his Servant, Mr. Comport and my Keeper, made answer, here was the Prisoner Mr. Lilburne at the Barre, upon which the Judge asked him for the returne, and he told him he was but a Servant, and at the Command of the Lieutenant, had brought up the body of Mr. Lilburne, which was all the returne he had, and immediately the Lieutenant himselfe, as I conceive, gave in the returne, and then Mr. Iustice Bacon demanded of me, where my Councell was, and being standing up upon a high place before the Bench, with a loud voice I answered him, I had none, neither would I have any, but desired to cast the weight of my Cause upon my own abilities, which were sufficiently able to inable me to plead my cause my selfe before them; and therefore Sir, said I, (with a shrill voice) I crave and demand at your hands, as my naturall and undoubted right, the same benefit and priviledge that Paul alwayes injoyed from the hands of the Pagan and Heathen Roman Judges, who alwayes gave him free liberty as his Right to plead his Cause before them, and to speake in the best manner he could for himselfe; but Sir, if you will not follow that just example of the Pagan Roman Judges, Then in the second place, I crave the same priviledge from you, that I injoyed from the hands of the Caviliers at Oxford, who when I stood before Judge Heath for my life, (being arrained in Irons for High-Treason, in levying Warre by the Parliaments Command against the King,) he nobly told me, he would give me the utmost priviledge that the Law of England would afford me, and further declared unto me, it was my right by Law to plead for my selfe, and say whatsoever I could for my selfe, which he freely without any interruption gave me leave to do; and Sir, I hope you will not be more unjust unto me, then the Pagan Roman Judges were to Paul, or the Caviliers to my selfe at Oxford, in denying me my priviledge to speake and plead for my selfe.

Whereupon Mr. Justice Bacon replied, and said, Sir, It is a favour that you are permitted to plead by councell. Sir, said I, by your favour, I doe not judge it so, and besides I desire Mr. Iustice Bacon, with all respect unto you, and desire to let you know: I do not com here to beg boones or courtisies at your hands, but I come here to claime my right, & do with confidence tell you Sir; that it is not only my undoubted naturall right, by the light and Law of nature; yea and by the ancient common Law of England to plead my owne cause my selfe, if I please, but it is also the naturall and undoubted right of every individuall Englishmen, yea and of every man, upon the face of the Earth, in what Countrey soever; and therefore, Sir, I demand from you, liberty to speake freely for my selfe, not only by the Law of nature, but also by the ancient Common law of England, freely telling you that I Judge my cause of that consequence to my selfe, and all the Commons of England, that I will trust never a Lawyer in the Kingdome to plead for me, and therefore againe demand to as my right, leave to plead my selfe, the which if you will not grant me I have done, and have no more to say to you, whereupon the Iudges commanded the lawyers to make me roome and called me closse to the Barr, where I did my respect unto them, and they caused the returne to be read, which consisted of my commitment from the Lords the 11 of Iuly 1646. & my commitment from the Commons. 19 Ian: 1647 and a late order of the commons to command the Lievetenant of the Tower, upon removeall of his prisoners not to remove the 4 Alderman, nor Sir Iohn Maynard, nor my selfe; which returns in the conclusion hereof I shall insert, and then as I conceive because some of the returne was latten, Iudge Bacon aske me if I understood it, and I said, yes, for I had cause enough given me so to doe; whereupon he begun to tell me I might easily perceive I was Committed by the Lords upon a Centence, and begun to amplifie their power, as a superior court, whose actions were not to be questioned or controled by the Judges of the Kings Beneh, because they were inferior to them.

Unto which I replied. Sir, I desire the returne may be ordered to be entered upon record, and this I pressed diverse times, and desired that if the Lieutenant had any thing to add to the returne, he might now speak, or else forthwith it might be made a record, and he thereby debarred of making additions to it which was accordingly done, and then I pressed to be hard, and said, Mr. Justice Bacon, I desire to keep you close to my businesse which is thus, I am in prison and having no crime laid unto my charge by those that do commit me, (as clearly appears unto your Honor by the returne, for generalls, you know better then I doe, are no charge nor crimes in Law,) and therefore according to the law I crave leave to make my exceptions against the return & when I have done, I shall willingly submit my discourse, my cause, and my person to your Judgements and consciences; but I pray, heare what I can say for my selfe and my liberty, or if you will not command me silence, I will obey you; And then Mr. Justice Roll spoke likewise to the Lords power, and would also have staved me of from going on, but I prest still to be heard what I could say against the returne, and he prest me to keepe close unto it, and not be extravigant in medling with impertinences, but I told him, I did not know what he would judge impertinences, & therefore prest hard to be heard, telling him, if I spoke that which by Law I could not Justifie, they might the easier tript up my heales, but I assured him, I was an honorer of Magistracy, as being the chiefe meanes God had appointed to keepe the world in order, and therefore I was resolved to speak with all honour & respect both unto their office and persons; so I had leave granted to go on, and having my plea in a readinesse, writ, I put on my spectacles & held it before me as the Lawyers do there Briefes, and begun, and said as was contained in my paper which I shall give you, as I had pend it before I came to the barre, though I confes I had many bickering interruptions by both the Iudges, which in the best manner my memory will serve me, I shall note in the Magent, as I goe on with my discourse, which thus followeth.

Mr. Justice Bacon, I doe ingeniously confesse, that I judge Universall safety to be above all Law, and that it is the ouldest Law of any in the Kingdom, and therefore I shall not dispute, in the least, the Parliaments irregular actions, that they were necessitated too, for common preservation in the height of the Warres, but the Warres being ended, as they themselves declare they are, (in their late Declaration against the Scotch Commissioners) and thereby the affaires of the Kingdome reduced into a more peaceable and hopefull condition then heretofore; wherefore I may now groundedly from the full streame of all their Declarations, and promises; expect, challenge, and looke for the absolute benefit of the Law, and the common justice of England, in the ordinary courts of Justice thereof; which they have declared, and promised they will not now enterrupt, (See their Declaration of the 17. of April, 1646. 2 Part. Book Declam. pag. 879 and their Ordinance, of none addresses to the King, in Ianuary last, where they promise the people, though they lay the King aside, yet they will notwithstanding governe them by the Law, and not to interrupt the ordinary course of Justice, in the ordinary courts thereof; And therefore Mr. Justice Bacon, I am not a little glad that I stand before you at this Barre of Justice, which is bounded by the Law (where I never was before) for seeing that the great Judge of all the world, Stiles himselfe to be a God of judgement, Esa. 30. 18. and further saith of himselfe, That I the Lord love judgement and hate robbery for burnt offerings. Esai. 61. 8. and therefore layes his command upon Judges, these gods upon earth, Psal. 82. 6. That they shall defend the Poore and Fatherlesse, and doe justice to the afflicted and needy, and deliver them out of the hands of those that are to strong and mighty for them; and that they shall judge righteously betwixt a man and his brother, & his neighbour, in justifying of the righteous, and condemning of the wicked, without wresting judgement, or respecting persons, but that with judgement they shall beare the small as well as the great; and above all, that the Judges shall not be afraid of the face of man; for saith he, ye Judge not for man, but for the Lord, who is with you in judgement; and therefore (saith he) take heed and die it, for there is no iniquitis with the Lord, nor respect of persons, nor taking(a) of gifts.

And as God is thus delighted in doing Justice, and Judgement, so on the contrary side, he hath declared, he asmuch abhorres those that turne Judgement into wormwoods and gaule, and leaves of righteousnesse in the earth, and commits mighty sinnes in afflicting the just, in taking of bribes, and turning aside the poore in the gate, from their right.(b)

And that, Sir, which adds unto my gladnesse is this, that now I stand not before Arbitrary Judges, which judge themselves bounded by no law, or rules, either of God or man, but are lost loose unto the reines of their depraved, corrupt Iusts and wills; by vertue of which, I have not a little beene tosted and tumbled from Gacle to Gaole, and not for some few houres, dayes, weekes or Moneths; but for some yeares: without having any legall crime laid to my charge, or ever been brought out unto any Legall triall; But Mr. Bacon, here J stand before you, who are sworne, and proper Judges of the Law, Yet of the Law of England, with that learned Lawyer, Sir Edward Coke, often &illegible; a Law of righteousnesse and money, especially, to Prisoners in my case,(c) who have been almost this two yeres imprisoned, First, By the House of Lords; and then Secondly, By the House of Commons, for nothing, as clearely appeares unto you by my Warrants of Commitments, which onely charge me with generals, and generalls are no charge, nor crimes in(d) Law, but if they were (as they are not) Yet those (viz. the Lords and Commons) that made them, were never betrusted by the Law, to be the executors of the(e) Law.

And therefore, Mr. Justice Bacon, with all honourable and due respects unto your Office and persons, I desire with asmuch brevity as I can, to make my defence against both the Warrants of my commitments, and I shall crave leave to observe this Method.

First, although I grant that the House of Commons and the House of Lords, have by the Law and Custome of England, their proportionable power and interest in the making and repealing of Lawes: yet I do averre that neither devidea nor conjoyned, they are not in the least betrusted to execute the Law; but your honours, and the rest of the sworne Judges, Justices of the Peace, and the Constables, &c. are by Law betrusted to be the sole and only executors of it.

And that no Commoner of England, is to be restrained of his liberty, by Petition or suggestion to the King, or to his Councell &illegible; is be by &illegible;(f) or presentment of good and lawfull men, where such deedes be done, and no Commoner of England is to be past upon, to lose either life, limbe, liberty, or estate; but by legall Tryall by a Grand Iury, and Petty Iury of his peers or equalls, which Sir Edward Cooke calles the ancient and undoubted Birthright of an Englishman, 4 part insti. fol. 41. before a sworne Iudge of the Law in the ordinary Courts of Justice, the proofes to be in cases of Treason, &c. by two sufficient witnesses at least, plaine and upon their Oathes,(g) And Mr. Iustice Bacon by Law, a Lord of the Parliament is not so much as to be of the Jury of a Commoner, as learned Sir Edward Cooks declared, 1 part. insti. sect. 234. fo. 156. and if by Law he cannot be of his Jury, much losse can he be his absolute Iury and Iudge both.

And also by the Act that abolisheth the Starre-Chamber this present Parliament 17. Car. Rex. it is firmly and &illegible; inacted, that all Lawes, Orders, Ordinances, Iudgements and Decrets, made in demination of the 29. Cha. of Magna Charta, and the Lawes before recited, are and shall be null and void in Law, and holden for errour; and therefore at present to conclude this point about jurisdiction, I shall winde it up with Sir Edward Cookes words in his proeme to his 4. part institutes, viz. That the bounds of all Courts are necessary to be known; for as the Body of a man is best ordered, when every particular Member exerciseth its proper duty; so the body of the Common-wealth is best governed, when every severall Court of justice exemptath his proper jurisdiction; But (saith he) if the eye, whose duty in to see, the hand to works, the feete to go shall usurpe, and incroach one upon anothers workes, as for example, the hands or feet, the office of the eye to see, and the like; these should assuredly produce disorder and darknesse, and bring the whole body out of order, and in the end to distruction; so in the commonwealth, Justice being the main preserver thereof, if one Court should, usurp or incroach upon another, in would introduce incertainty; subvert Iustice, and bring all things in the end to confusion.

But Sir, I shall at present in this place, spare the full opening of my plea, in this particular, and reserve it to the place most fit for it.

And therefore I shall iusist upon the 2 part of my plea, which is, that the matter and &illegible; of my warants of commitments are illegall, the legality of which ought, as Sir Edward Coke declares in his 2. part iustis. (which is published by the present House of Commons for good law to the Kingdom, as appeares fol. ult.) who therein fol. 52. 590. 591. expressely saith, 5. things are essentiall in Law, to the making of a commitment lawfull, viz. 1. That is be by due Precesse or proceeding in Law. 2. That he or they that do commit have lawfull authority. 3. That this warrant or mittimus be lawfull, and that must be in writing under his hand and Scale. 4. The cause must be contained in the Warant or Mittimus, and that not in generall termes, but in particular, as for treason, then for what particular Treason; and if for fellony, then for what particular felony; and if for misdemeanours, than for what particular misdemeanour. 5. The Mittimus containing a lawfull cause, must also have a lawfull conclusion: viz. and him safely to keep untill he be delivered by due course of Law, and not untill the party committing please, or doth further order, or for 7. yeares; Now Mr. Justice Bacon, all and every of these particulars I doe averre, is wanting in both my Commitments. For, first, there was no due Processe of Law against me, no Bill filed, or Indictment preferred, nor no legall complaint exhibited against me, neither did I see any legall prosecutor, before I was originally committed, no, nor not to this present houre, although I have been almost two yeares in Prison; First, in Newgate; and then secondly in the Tower devorsed from my wife, &illegible; of my friends, deprived of pen, Iuck and paper.

But I desire to cause this at present, and go on to the main things. And therefore 2. I aver that by the known Law of this Land, neither of the Speakers of either House, nor neither House themselves, have the least shaddow or colour by any declared and known Law of England, to commit the meanest Commoner of England (that is not one of there members) to prison, either for treason: the highest crime (for that is expresly to be tryed by the common Law, by people of the neighbourhood of the same condition, as appeares by the 25 Edward 3. chap. 2. and 1. & 2. Phillip & Mary Chap. 10.) yea, and it lyea not in the whole Parliaments power to punish any man, for any crimes which they shall call treasons, but what is cleerly declared, and fully expressed to be treason by the statute the 25 Edward 3. Chap. &illegible; as appeares by 1 H. 4. Chap. 10. and the 1. M. Chap. 1. Or for breach of the peace, although it be in affronting, beating or wounding of any Parliament man, (for that is expresly to be tried in the Kings Bench. 5. H. 4. Chap. 6. and 11. H. 6. Chap. 11.) Yee although a sherife by law, is to pay 100. l. to the King, and to suffer a Years Imprisonment, &c. without Bails or mainprise; for every false &illegible; of a Knight of the Shire, that he makes, yet by Law, neither Houses are to be Judges in this very businesse, so immediately concerning the House of Commons, but it shall be examined and tryed before the Justices of Assises in the Sessions of Assise, 8. H. 6. Chap. 7. & 23. H. 6. Chap. 15. yea the Parl. or the House of Commons, are not to punish those that will not pay them their wages; for their service done in the &illegible; but the refusers are to be punished by the legall administrators of the Law in the &illegible; courts of Iustice. 23. H. 6, Chap. 11.

Now Sir, if the Parliament, or the two Houses either conjoyned or divided, cannot exercise executive Justice in these things so nighly concerning themselves, much less in things more remote, as my case is, who if I were guilty of the things layd unto my Charge, yet they are only and alone tryable and punishable at the Common Law, and not in an arbitrary uncertain way in either or both Houses, the rules of which certainly no man in heaven or earth knoweth; and saith that worthiest of English Lawyers Sir Edward Cook, in the Proem to the third part of his Institutes: It is a miserable servitude, or slavery, where the Law is uncertain or unknown.

And I know, you know, it is a received Maxim in Law, that the Parliament is not to medle with judging or punishing that which appertains and belongs to the Common Law, but my pretended crimes have their punishments appointed by the Common Law, and are there only to be tryed and punished, and therefore in the least belongs not unto the Parliaments Cognisance or Jurisdiction: Nay, the Parliament men themselves, for Treason, Felony and breach of the Peace, are not priviledged in the least from tryals at Common Law, as appears by the fourth part Institutes, fol. 25. and the Lords and Commons confess the same in their Declarations, 1. part pag. 48. 278. The Common Law of England, which is right reason (or as Sir Edward Cook stiles it, the absolute perfection of reason, 2 part Instit. fol. 179.) hateth all partiality or faction in tryals, which would unavoydably be, if the Law-makers should in any case be the Law-executioners; and besides the legal benefit of final appeals to the high Court of Parliament, (which I judg in Law to be the whole and intire Parliament and not a single House) would be hereby totally destroyed; for if they should be impowered by Law to be Executers of it, and should (as it is possible they may) do me wrong & injustice, I am thereby, by power, destroyd with out remedy, which the Law abhors; and therefore the wisdom and reason of the Law is such to betrust Judges that rationally are liable to an account in full Parliament, and them only to be sole Executors and Dispensers of the Law betwixt party and party; and not to betrust the whole Parliament, or any part of it, with the executing of the Laws, but only to betrust them, as their fittest work, with a power to repeal those Laws that are amiss, and to establish and make better in their places. But the Laws, while they remain Laws and unrepealed, are as binding by Law to themselves, as the meanest men in England, and they have no priviledg of exemption from them, saving in freedom of speech within their respective Houses, (for which they have an act of Parliament to indempnifie them, as appears by the 4. H. 8. ch. 8.) and freedom from arrests for them and their servants &c. during the sitting of Parliament, which the Law supposeth not to be long; much less seven years, (which is a destruction to our fundamental rights, viz. Annual Parliaments (or at least Annual Elections) as appears by the 4. Edw. 3. cha. 14. & 36. Ed. 3. ch. 10. both which are confirmed this present Parliament by the triennial act in (16. Car. Rex.) and yet if any Parliament-mans servant be imprisoned, the House of Commons themselves by Law cannot deliver him, but it must be by a Writ out of Chancery, and the member must make oath, that the party for whom the Writ of priviledg is prayed for, was his servant at the time of the arrest made; all which appears in the Case of one Mr Hall, the 22. of Feb. 18. Eliz. whose servant being arrested and imprisoned, a Committee of the House reported to the House, they could find no presidents for the delivery of him, but in the way before mentioned, whereupon Mr Hall was appointed by the House to go to the Lord Keeper, and to do accordingly.

And if they cannot deliver one that belongs to themselves, and priviledged by the Law of Parliament, (but not by the known & declared Law of the Land) nor punish him themselves, that in the execution of the Common Law of England broke their priviledges, much less in Reason and Justice can they commit or release one that is far remote from them, and doth not by priviledg belong unto them, the last of which is my present case; and therefore no colour in Law hath the House of Commons to commit me to prison.

And as for the House of Lords, the Petition of Right expresly saith, That no man ought to be adjudged to death &c. but by the established Laws of the Land; and the express established Law of the Land is, That no Freeman shall be taken, or imprisoned, or be deseised of his freehold, or liberties, or free customs, or be out-lawed, or exiled, nor condemned, or any otherwise destroyed, but by the lawful judgment of his Peers, viz a Jury of his Equals, of the same neighbourhood where the crime is committed (being brought in to answer by due process of Law, by Indictment, Presentment, or Writ original according to the course of Common Law) but the Lords are none of my Peers or Equals, and therefore are none of my legal Judges, nor have not the least Jurisdiction (in any case whatsoever) in the world over me.

And though they should have a thousand presidents, to shew they have exercised Jurisdiction in the like case of mine, they are worth nothing, because they are all and every of them against the 29 Chap. of Magna Charta; and are therefore expresly declared by the Statute that abolished the Star Chamber, 17. Car. Rex, this present Parliament, to be null and voyd in Law; and to be holden for Errors and false Judgments. And as for presidents against the Lords and Commons Jurisdiction in my particular case, one president against them is of more consequence then a thousand for them, and the reason is evident, because, as Sir Edward Cook often declares, all Courts of Judicature are bottomed upon the Law of the Land: and it cannot be supposed that any Court can be miscognizant or ignorant of its proper Jurisdiction. And for the Lords, they have confessed in the 4. of Edw. 3. Rot. Parl. 2. in the case of Sir Simon De Bertsford, that it is against the Law for Peers to try Commoners, and have promised and enacted (or at least ordained) that they neither shall, nor will do the like again, though that occasion were superlative, viz. about the absolute murther of King Edward the second. And

Secondly, although the Maior &c. of the Corporation of Cambridg were, by the Kings Writ out of Chancery, summoned before King Richard the second in full Parliament, and there impeached of horrible Treason, committed and acted in levying War against their soveraign Lord and King, and being expresly within the Statute of Treasons made in the 25 of Edward the 3. Cha. 2. And though they surrendred up the Charters of Cambridge in open Parliament, unto the will and pleasure of the King, as forfeited into his hands by their Treason and Rebellion, yet as to the point of Treason they by their Councel expressly pleaded, that the King and his Lords assembled in Parliament had no Cognizance or Jurisdiction there to medle with Treasons committed by them, and saith the Record, (which under the Register or Record Keepers hand of the Tower I have to shew unto your Honor, if you please to have it read) they alledged divers reasons therefore, and the King and the Lords by their silence allowed of their plea as good in Law, and let them go without any punishment there, for their notorious Treasons, as appeareth Rot. Parl. 5. Rich. 2. membrana: 9. num. 45. 58, 59. which is supposed in reason they would never have done, if their own consciences and knowledg had not told them, that by Law they had not the least Jurisdiction in the world over Commoners in any case whatsoever: For if not in Treason the highest, then much less in misdemeanors the inferiorest (which is the most that ever they layd to my charge.)

And if the King and Lords have not Jurisdiction over Commoners, much less the Lords without the King, and much less that House of Lords that hath layd the King, their fountain of power and honor, aside, as unfit to be addressed unto any more, (and yet have not essentially or avowedly altered the Government of the Kingdom;) seeing by their Writ of summons and all their own Declarations, they own nor challenge no power into themselves but what they derive from him, and therefore by their own principles, and by the Law it self, they have unpowered themselves and totally overthrown and destroyed their Jurisdiction, and now cannot legally or rationally be called a Court of Justice or a House of Parliament in any sence, as clearly appears by the 4 part Instit. chapt. High Court of Parliament fo. 1. 366. 46. the King being in Law, as Sir Edward Cook there declares, the head, the beginning, and the ending of the Parliament; and in reason it is impossible, where there is no primitive, there should be any derivative: and therefore I do positively conclude, that the Lords have both by Law and Reason unpowered themselves, and destroyed their House from being a House in any sence, and therefore have not the least shadow or colour of Jurisdiction over me, or any Commoner of England.

And besides I find in the time of this present Parliament many Presidents of the House of Commons, in putting out their extraordinary & necessitated power to redeem and rescue the Commons of England out of the devouring paws of the Lords illegal and usurpeda Jurisdiction over them, as appears, First in Colonel Edward King of Lincolnshire, committed by the Lords to the Fleet, by the power and interest of his then professed adversarie the Lord Willoughby of Parham, and upon his appeal to the House of Commons, in high affront to the Lords pretended Jurisdiction, they released him out of the Fleet about the year 1644.

Secondly Captain Macy belonging to Colonel Manwaring of the City of London, being upon his guard at the Works, seised upon divers letters of the Scotch Commissioners, and broke them open, about which the Commissioners grievously complained to the Lords, who thereupon clapt the said Captain by the heels in the Fleet, and my self with divers others being Solicitors for the Captain to the House of Commons, they honorably to him, and in high contempt of the Lords usurpations delivered him out of prison about the year 1645. and were upon debate to give him a large sum of money for his unjust sufferings.

Thirdly, upon the Lords committing and censuring of me, I appealed to the House of Commons, and they received my Appeal, and ordered me my liberty De die in diem, to follow my Appeal, which in my understanding, is in Law a supersedias both to their Commitment and Judgment.

Fourthly, Mr Richard Overton, who affronted the Lords as much as any man that ever came before them, and protested to their faces against their Jurisdiction over Commoners, and appealed to the House of Commons for Justice against them, and after that appealed to all the Commons of England, and particularly to the General and the whole Army; and yet notwithstanding the Lords approved of his protestation &c. against them, by delivering him by their special order out of the prison of Newgate, without over-ruling him, or punishing him, or his stooping to them.

Fifthly, his Wife and his brother Thomas Overton, walking in some measure in his steps, were justified therein by the House of Commons, in receiving their Appeals; yea and by the Lords themselves, by delivering them without any punishment or judgment out of prison, and without any their stooping or submitting to them. Sixthly, these very proceedings were the case of Mr William Laraer Book-seller, his brother and maid; so that laying all the premises together, it is undeniably evident, that the present House of Lords have not the least Jurisdiction in the world over me or the meanest Commoner of England in any case whatsoever; (for if not in Treason the highest, much less in Misdemeanors the lowest); and therefore all their fines uponb Sir John Maynard, Sir John Gayer, Alderman Adams, Alderman Laugham, and Alderman Bunce, for refusing to kneel at their Bar, are illegal, and voyd and null in law and reason both, for all the Lords proceedings with them from first to last, are coram non Judice, and the Lieutenant of the Tower &c. liable at Law to make them satisfaction for his unwarrantable executing of their illegal and unbinding Orders and Warrants upon them: And indeed, to speak the truth of the arbitrary and tyrannical proceedings of the House of Lords, they are so illegal and irrational,c that to set them up in the way they have lately gone in is to pull down all the Judicatures of the Kingdom, and to destroy all the Laws of the Land (in the destruction of which there is a perfect levelling of meum & tuum which is totolly overthrown thereby) and it is also a re-edifying of an arbitrary, tyrannical, unlimited and unbounded Government (worse then Empsons and Dudleys, Straffords or Canterburies, for which yet they all lost their lives) many stories higher then ever the Star-Chamber, High Commission, or Councel Table were, (which yet were arbitrary enough, as appears by the Acts made 17. Car. Rex, for abolishing them) and indeed it behoves all the rich men of England well to look about them in reference to the Lords: For if a company of men, by vertue of their being made Peers by the King or his will and prerogative, may at their pleasure and wills, without all shadow of Law or Justice, fine one Commoner of England more then he either is or ever was worth (as they have done me, upon whom they have set a fine of 4000 l.) by the same rule of right reason and Justice, they may, at their pleasures, rob all the rich men of England, by Fines, of all that ever they are worth; yea, and by the same reason and justice, share it and divide it amongst themselves, and so have better places abundantly of it then ever the Earl of Dorset had, by being a privy Counsellor and Judg of the Star-Chamber, which yet, if some that well knew him, belie him not, was worth many thousand pounds, per annum, to him in an underhand way; and besides, if the Lords can persevere, and hold on, as they have lately begun, the King was very unwise to call a Parliament, and of, and from them to seek for subsidies, seeing the workmanship of his own hands, (the Lords; by vertue of their having his prerogative stamp upon them,) is able to fine by their wills, a Commoner of England more then he is worth; and therefore may much more legally fine all the Commoners of England at their pleasure, a quarter, half, three quarters, or all they are worth, and so fill the Kings (or their own) Cofers at their pleasure full, and get in to them all the money of England; therefore let rich men look about them in this particular, and in a second regard also, more dangerous then this; forasmuch as it concerns life, let, all men, I say, look well about them, for I am confident of this, that I suffer so much Barbarism from Cromwel, and his Creatures, who are not willing to come to a tryal with me, for the Leiutenant of the Tower hath already denyed me the benefit of the Law of England, in not obeying my first Habeas Corpus, and would not suffer me without fresh strugling to come to a legal tryal, and thereby have before the fun convicted themselves of wickedness and unrighteous dealing with me, for saith Christ, John 3. 20. Every one that doth evil hateth, the light, neither commeth to the light, lest his deeds should be reproved or discovered; I say, I am confident I suffer so much from Cromwel &c. for opposing and throwing down the Lords Tyranny, which he did, and still (is evident) he doth intend to make the arbitrary (yet seeming legal) ax to chop off the head of every man in England, he hath a mind to destroy any otherwise then by wilful murder, as he did Richard Arnal at Ware: and having been under God, the chief Instrument to break him of that damnable and wicked design, he and his Creatures, therefore are as mad at me as so many mad men, &c. Although they have done so much already in destroying the Law, and setting up Arbitrary Tyranny, that I will make it good with my life, divers of them, viz. of the House of Lords, &c. better deserve Tower hill, therefore, then ever Srafford did; but what a company of foolish, silly Creatures are Cromwel, and his confederate Grandees, who would pretend to give those Commoners of England a tryal according to Law and Justice, whose lives they would take away by a tryal before the Lords,* when as men that know the Law of England, fully knows, that if the present Lords were a true House of Lords, (as before I have fully proved they are not) yet they were not able legally to try one of themselves, for though the body of their House (in case they were twelve or eighteen, and under they cannot be) should be in the nature of a grand Jury, and petty Jury, and so the Judges of matter of Fact, yet they must have a Judg of matter of Law too, and that must be a Lord high Steward, which they neither have, nor are able legall, to make, and therefore have no colour of power in Law to try one of themselves, much less a Commoner, that is none of their Peer or equal, whom the Law hath again and again expresly prohibited them to meddle with; but enough for the Lords at present, and now two things more distinctly for the House of Commons.

First, admit, they had a Jurisdiction in executing the Law, (which I have before already fully proved they have not) yet all Courts of Justice established by Law in England, are bound and tyed to Judg no man but by witnesses, sworn according to the Law, they being the evidence to the Jury and Judg, 3. part instit. fol. 163. But they never put Masterson, my accuser, to his oath, in his Information he delivered against me, (although he were but a single informer, never any man of all the large company besides himself appearing against me,) I and therefore no shadow or colour for the House of Commons to adjudg or condemn me to prison thereupon, seeing no man whatsoever can be condemned by any Court in England without witnesses, sworn against him according to Law; but if he had delivered what he did deliver against me upon his oath, it had been never the legaller, because they have no power, nor never had to administer an oath, and therefore cannot by the Law of England in the least pretend any Jurisdiction over me in cases Criminal, or any power at all to commit me to prison; for where the Court hath no authority to hold plea of the Cause, there all proceedings are Coram non Judice, and there perjury (though Masterson had sworn never so falsly) cannot be committed; and so against all reason, a man is left at liberty to say without fear of punishment what he please, because it being not in a Judicial Proceeding, no perjury can be committed by Law; and that the House of Commons hath no power to administer an oath is evident, in that the Law gives them none, nor they never practised it; and therefore, if they would now put it in use, they cannot legally of themselves now begin to do it: For as learned Cook saith in his Chapter of perjury, 3. part. instit. fol. 165. An oath is an affirmation or denyal of any thing lawful and honest, before one or more, that have authority to give the same for advancement of truth and right, calling Almighty God, the searcher of all hearts, to witness that his Testimony is true, so that (saith he) an oath is so sacred, and so deeply concerning the Consciences of Christian men, as the same cannot be administred to any, unless the same be allowed by the Common Law, or by some Act of Parliament; neither can any oath (saith he) allowed by the Common Law, or by Act of Parliament, be altered, but by Act of Parliament, no nor a new oath raised, and therefore he declares it to be a high contempt of the Law of England, for any man to administer an oath without warrant of Law, and to be punished by fine and imprisonment, and of alla oaths in use in England: This oath of Confirmation, for deciding and ending of Controversies, is the only and alone warrantable oath by the Law of God, Mat. 5. 34, 35, 36, 37. and Heb. 6. 16, 17. James 5. 12. And as for other oaths, I know no use in the world of them, for those men that do not love things that are excellent, for the excellency inherent in them, will never love nor honor them for oaths sake.) But the House of Commons wanting a legal power to administer an oath, it is a clear demonstration and proof, that they have no power or Jurisdiction at all in Law, to decide Controversies betwixt a man and his neighbour, especially in times of peace, when all the ordinary Courts of Justice are open, and therefore have no shadow or colour in Law to adjudg or commit any man that is not a Member of them to prison.

And inb the second place, That the House of Commons have no judgment or Jurisdiction by Law, clearly appears by their own confession in the roul of Parliament, in the 1. H. 4. Membr. 14. Num. 79. which this present April, I had under Mr. William Riley, the Record-Keepers hand, which at the Bar I am ready to produce, and which thus in English verbatim, followeth.

The third day of November the Commons made their Protestation, in manner, as they made it at the beginning of the Parliament, and over and above declare to the King, That forasmuch as the Judgment of Parliament belongs only to the King, and to the Lords, and not to the Commons, unless it please the King, of his grace especially shewed them, that the said Iudgment was for their ease, and no record shall be made in Parliament against the said Commons, that they are, or shall be, parties to any judgments given, or to be given hereafter in Parliament. To which was answered, by the Archbishop of Canterbury, by the Kings command, that the said Commons shall be Petitioners and Demanders, and that the King, and the Lords, at all times, have had, and shall have by right the Iudgment in Parliament; in manner, as the said Commons have shewed, unless it be in Statute affairs, or in grants and subsidies, or in such things and affairs for common profit of the Kings Realms, the King will have their especial advice and assent, and that this Order be kept in all times to come. And so much at present for the 2d essential of a warrant.

And now I come to give a touch, and but a touch only upon the third ingredient to make a mittimus lawful, and that is, that it be under hand and seal, expressing the office and place of him which makes it, unless the party be committed in the sight of the Judg, sitting in open Court, but there is no seal to mine, and therefore it is illegal, for I was not in the view of my pretended Judges when they committed me.

But Mr. Justice Bacon, I come to the fourth thing, upon which, at present, as one of the principal essentials, I shall stifflly stand, which is, That the warrants of my Commitments, both from Lords and Commons now returned before you are illegal, there being nothing but generals laid unto my charge by them, which is no charge nor crime in Law; and therefore, both my warrants wanting a legal and a particular cause in them, there is no colour in Law to keep my body in prison by vertue of them. Now to prove that Generals are no crimes nor charges in Law, though the dayly and continual practises of all the Courts of Iustice in England prove it, yet for illustration sake. I shal crave leave to alledg some legal Authorities. And in the First place, I shall begin with the Judgement of Sir Edward Cooke upon the Statute of breaking of prisons, made 1 Ed. 2. who in his 2. part institutes fo. 591. expresly saith, ‘seeing the weight of this businesse touching this point, to make an escape either in the party or in the Goaleurs Fellony dependeth upon the lawfulnesse of the Mittimus, it will be necessary to say somwhat hereof. First, it must be in writing, in the name, and under the seale of him that makes the same, expressing his Office, place, and authority; by force whereof he makes the Mittimus, and it is to be directed to the Goaler, or Keeper of the Goale or Prison. Secondly, it must containe the cause (as it expresly appeareth by this Act,* unlesse the cause for which he was taken, &c.) but not so certainly as an indictment ought, and yet with such convenient certainty, as it may appeare judicially, that the offence requires such a judgement; as for High-Treason, to wit, Against the Person of ovr Lord the King; or for the countersetting of the money of our Lord the King, or for petty Treason; namely, for the death of such a one, being his Master, or for Fellony, to wit, for the death of such a one, &c. or for blurgary, or robbery, &c. or for Fellony; for stealing of a horse, &c. or the like, so as it may in such a generality appeare judicially, that the offence required such a judgement, and he there further goes on & gives divers arguments & reasons, & scites abundance of law authorities to prove, that a particular cause, ought by Law to be expressed in every Mittimus or Warrant of Commitment.

My second proofe to prove generalls, are no charge in Law, is the deliberate and resolved opinion of all the Judges of England in the 3. yeare of King Iames, (which was a time of full peace; wherein the law had its free currant, without the threates of Marciall or the checks of Prerogative arbitrary power, and therefore the Judgement is of more weight) who in their answer to the 22. object on or article of Archbishop Bancroft, and to the whole Clergy of England, hath these very words, ‘we do nor, neither will we in any wise impugne the Ecclesiasticall authority in any thing that appertaineth unto it, but if any by the Ecclesiasticall authority, commit any man to prison, upon complaint unto us that he is imprisoned without just cause, we are to send to have the body, and to be certified the cause, and if they will not certifie unto us the particular cause, but generally without expressing any particular cause whereby it may appeare unto us to be matter of ecclesiasticall cognizance, and his imprisonment be just, then we do and ought to deliver him and this (say the Judges) is the Clergies fault and not ours, and although some of us have dealt with them to make some such particular Certificate to us, whereby we may be able to judge upon it as by Law they ought to do, yet they will by no meanes do it, and therefore their errour is the cause of the thing they complaine of, and no fault in us, for if we see not a just cause of the parties imprisonment by them, then we ought and are bound by Oath to deliver him, and sutable to this is their answer to the Clergies 21. Article, which Articles and answers are recorded in 2. part instit. fo. 614. 615. 616. My 3. proofe to prove that Generalls are no crimes in Law, is out of the 4. part instit. fo. 39. where the Lord Cooke expresly saith, ‘That a man by law cannot be attained of High-Treason, unlesse the offence be in Law high treason (for where there is no law there can be no transgression, Rom. 4. 15.) he ought not to be attainted by generall words of high treason by authority of Parliament (as sometime hath been used) but the high treason ought to be specially expressed, seeing that the Court of Parliament is the highest and most honourablest Court of Justice, and ought (as hath been said) to give example to inferiour Courts. And besides, all this seemes to me, to be clearly and evidently held forth by those 2. notable statutes, viz. The Petition of Right, 3. Car. Rex, & the Act that abolished the Starre-Chamber in 17. Car. Rex, So that from all that hath been said to this 4. head alone, I am confident, I may in Law challenge my liberty and freedom from your honours hands without bayle, as my undoubted and unquestionable right by Law, and which you neither can, nor ought by Law to denye unto me, seeing that by both the Warrants of my Commitments, I am rendred a just and an innocent man, there being by them not the least pretence of a legall crime laid unto my Charge, for Generalls is (as is already fully proved) no Charge nor crimes in Law; And also hath been so adjudged and declared by the present two Houses of Parliament, as if it were requisite I could &illegible; fully unto you, & 3. instances at present, I shall only give you, viz. the 5. Members, and the Lord Kimbolton, and the Lord Major Pennington, and the late 11. Members, whose cases you may reade 1 part. Booke Decler. pag. 38. 77. 201. 845. but being I am here principally to pleade Law, and not Ordinances, I shall for beare to inlarge my selfe thereupon, and yet before I conclude, shall with your Honours leave, speake a few words, to the fist and last ingredient to make a &illegible; lawfull.

Viz. That it have a legall conclusion, in these words, and him safely to keepe, untill he be delivered by due course of Law, and not for 7. yeares, nor untill the party committing doth further order, which legall conclusion is wanting in both my Commitments, and therefore illegall.

Which most desperate Cõmitments being illegall in all the 5 essentialls, I may call and doe call them impoysoned Arrowes, shot through the principall vitall of Englands liberty; (but here both the Judges interrupted me to the purpose, and would not let me goe on with my Retorick, so that I was necessitated for leare I should not be suffered to plead my conclusion, which I looked upon to be the strength of all my work, & therefore was forced to skip over divers leaves to the objection,) and the cheife authors of them not deserving, to be named or stiled the patrons of their Country, no not so much as well wishers to the liberties thereof, for here is Law, equitie, and Justice dethroned, and absolute will, or blinde lust challinging the proper imperiall seate of England, the Commitments drawes the black line over the name of Englands Freedom, yea, the line of confusion upon the Kingdom, if the Parliament, or both Houses, shall thus actually avow, that they are to governe loose without the restraint of any lawes (mocking the Kingdome thereby, in making Judges to execute the Law) yea, and absolved from all Laws of government, as though it were in their power to dispose of the persons of all the people of England at there will and pleasure, the granting or challenging of which, can be no lesse, then the absolute distroying of all the mutuall relations and dependancy in a Kingdom, or common wealth, yea, & the levelling of all termes of destinction betwixt ruler & ruled, yea hereby the very foundation of property of meum & tuum is totally overturned, & no man can call any thing he possesseth his owne; for my person is nearer to me then my Estate, and he that at his will may dispose of my person, may much more at his will and pleasure dispose of my Estate, And therefore Mr. Justice Bacon this manner of imprisoning, is no better then a two edged sword, whereby the liberties of England is mortally wounded, if not actually cut in peeces, and the Prime Authors of these Commitments in the eye of God, and all rationall men, deserve the highest & exempliariest, of punishments, in thus subverting the very bases and foundations of government, & so unavoydably imbroyling the Kingdom a new in Warrs, to preserve themselves from totall vassellage or distruction; especially, considering that they themselves have done these things, after they themselves have chopt off the heads of Straford and Canterbury for the very same things: and therefore by the strength of reason (if there were no other law in being) they deserve their own executed punishment. Againe, the Law never instituted a Goale for punishment and destruction, but for a place of safe keeping of a crimmall person, that could find no better bayle, where he ought to be kept and intreated with all humanitie, civility and respect, till he be brought to a speedy tryall; all Goales in England by Law being to be delivered 3. times a yeare at least, or more oftener it neede require.* But I have been almost two yeares in prison, and never to this houre had any legall Crime laid unto my Charge, nor cannot be suffered to come to a legall Tryall, though to my extraordinary expences, toyle, hazard, and trouble, I have indeavoured it withall my might; but cannot be admitted to have any benefit of the law which I do averre is the highest of tiranny, being kept in Goale in a languishing condition worse then any suddaine death, being ever dying and yet not dead.

And therefore I do positively averre, that the Arbitrariness of the Conclusions of my Commitmants, is that wich strikes the Fatall &illegible; through the heart Roote of Freedome, and Justice; yea it overturnes overturnes the Foundations of the Kingdome, this very single act, if drawne into president hath a seminall vertue in it, whereby is contained in its selfe, all the distinct species of injustice, whereof the Sun was ever yet spectator.

Yea, this arbitrary Commitment doth Ipso facto enervate, yea evanuate, & null all established lawes of the land, & renders all rowles & records, no better then waist papers, fit for nothing but to light Tobacco Pipes; for to what purpose serves Magna Charta, the Petition of right, and other wholsom Lawes; which say, no man shall be imprisoned, past upon &c. or any other wayes destroyed, but by the Lawfull Iudgement of his equalls, or by due processe of Law, when as the rule to punish supposed or &illegible; transgressors, shall be mens wills & lusts, as in my case by my Commitments, &c. it is, so that if 500. men shall assume and arrogate to themselves the absolute dominion over the people of the Land, then it may be England shall have 500. distinct lusts unto which they must conforme their actions.

And sure I am, that the dealings of the Lords and Commons with me, demonstrated by their orders of committments, flowes not from any power given them, either by the Law of the Land, nor from the Indentures betwixt them and their chusers, no nor yet from any word or clause in the Writ of there summons or Elections; and therefore fourthly, it must flow from there Crooked &illegible; depraved vvills, and Arbitrary Pleasvres, by which with naked faces they declare themselves to be limitted by no boundary, unaccountable and obnoxius to no censures for any possible abuse whatsoever that can be committed by them, for by these committments they evidently declare there is no rule whereby to measure the rectitude or obliquitie, justice or injustice of their Government and actions, and by consequence they are under an impossibilitie to render an account of their wayes and doings (and so by consequence, the people of England are in the absolutest roadway of perfect slavery that is upon the earth) this the Parliament, or the Lords and Commons would have the World to believe they abhord in the King, as appeares by there last declaration against him, in which they shew the reasons of their votes not to make or to receive, any addresses to, or from him, for in Page 12, they say the King hath laid a fit foundation for all tiranny, by that most destructive maxime of his, viz. that he oweth no account of his actions to any but to God alone, but by the warrants of my cõmitments it seemes, this wicked and heathenish Maxim, is Iudged by the makers thereof not to be to sweete a morsell for their own Pallets, though in their said declaration they judge it to sweet for the Kings; and therefore to conclude this point if this honorable Court of Justice, the Judges whereof are sworne to Judge according to the Law, and not lust, will nor pleasure, will Judge these arbitrary Committments of mine to be legal, then I make my humble desire unto you the Judges thereof, that you would cousen and deceive the people of the Kingdome no longer, by assuming unto your selves the name of Judges of the Law, but rather translate your Titles into the name of Judges of lust, will and pleasure, that so the people may expect the legall administration of the Law, no longer from you: and so I have done with the Fift, and last ingredient to a legall Mittimus. Now Mr. Justice Bacon, seeing it is objected both by you, and Mr. Justice Roll, that my Commitment from the Lords, is rather a Sentence, Judgement, or Decree, &illegible; a bare Mittimus, and therefore being a judgement by the Lords, a higher Court, for 7. yeares imprisonment; I cannot be delivered by this Court, which being inferiour to it, cannot reverse it, nor be Judges of it.

To which Mr. Justice Bacon, I answere, First, I doe not seeke unto you at present for reversement of my Sentence, which is 4000. l. fine, and perpetuall disfranchisement of the Liberties of an Englishman, as well as seven yeares imprisonment: But I come unto you as Judges of the Law (who are sworne impartially to doe me Law and Justice, notwithstanding any command whatsoever, by any whatsoever to the contrary,) for my personall liberty, which is my undoubted right by Law, for any thing that judicially appeares before you, upon the Warrants of my commitments. For I have already fully proved unto you, there is not legally the least crime in the world laid unto my charge, and therefore no rules in Law for you to send me backe againe to prison.

But secondly, I answer, that I have already proved the Lords are none of my legall Judges, and therefore all their proceedings with me from first to last, are corum non judici, Yea, even their Sentence and Commitment it selfe, for being it is against the 29. Chap. of Magna Charta, (it is void and null in Law) which expressely saith, That no Freeman shall be taken or imprisoned, or be dissesad of his Freehould, or Liberties, or free Customes, or be Out lawed, or exiled, or any otherwise destroyed, nor past upon, nor condemned by the lawfull judgement of his equals, or by the Law of the Land, which Law of the Land is expounded by the Statute of the 25. Ed. 3. 4. & 37. Ed. 3. 18. and Sir Edward Coke in his 2. part instit. fo. 50. 51. to be by due Processe of Law, viz: That none shall be taken and past upon, &c. by Petition or suggestion made to our Lord the King, or to his Counsell, unlesse it be by indictment, or presentment of good and lawfull men, where such deeds be done, in due manner, or by Writ originall at the Common, Law, being brought in to answere by due Processes, according to the common and olde Law of the Land, all which &c. is confirmed by the Statute that abolished the Starre-Chamber, this present Parliament, 17. C. R. and all Acts, Ordinances, Orders, Judgements and Decrees, made contrary thereunto, or in diminution thereof, are thereby declared, ipso facto, to be null, and voide in Law, and are to be holden for errors and false judgements, which totally &illegible; and overthrowes all Presidents whatsoever to the contrary, yea although the Lords had a million of them. (And excellent to this purpose, is Sir Edward Cookes Commentary upon the 3. Ed. 1. chap. 15. but especially, his Commentary upon these words, viz. Or Commandement of the King, First, faith he, the King being a body politique, cannot command but by matter of Record; for the King commands, and the Law commands, are all one, for the King must command by matter of record according unto the Law. Secondly, When any Judiciall Act, is by Act of Parliament referred to the King, it is understood to be done in some Court of Justice, according to the Law. And the opinion of Gascoine, Chiefe Justice, is notable in this point, that the King hath committed all his power judicall to divers Courts, some in one Court, some in another, &c. and because some Courts, as the Kings Bench, are Coram Rege, and some coram Justiciariis, therefore the Act saith, by the commandement of the King, or his Justices.

Hussey Chiefe Justice reported, that Sir John Markham said to King Ed. 4. that the King could not arrest any man for suspition of Treason, or Fellony, as any of his Subjects might, because if the King did wrong, the party could not have his action: if the King command me to arrest a man, and accordingly I doe arrest him, hee shall have his action of false imprisonment against me, albeit he was in the Kings presence; resolved by the whole Court in 16. H. 6. which authority might be a good warrant to defend his said opinion to Ed. 4.

The words of the Statute of the 1. R. 2. chap. 12. are, unlesse it be by the Writ, or other commandement of the King; and it was resolved by all the Judges of England, that the King cannot doe it by any commandement, but by Writ, or by order, or Rule of some of his Courts of Justice, where the cause dependeth.

And saith Bracton, the King can doe nothing, but what he can doe by Law; So as (saith the Lord Cooke) the command of the King, is as much as to say, as by the Kings Courts of justice; for all matters of Judicature, and proccedings in Law, are distributed to the Courts of Justice, and the King doth judge by his Justices, 8 H. 4. fol. 19. & 24. H. 8. chap. 12. and regularly no man ought to be attached by his body, but either by proces of Law, that is, (as hath been said, by the Kings Writs, or by Indidctment, or lawfull warrant, as by many Acts of Parliament is manifestly inacted and declared, which are but expositions of Magna Charta, and all Statutes made contrary to Magna Charta, which is Lox terræ, from the making whereof untill 42 Ed. 3. are declared and inacted to be void, and therefore if this Act of Westminster 1. concerning the extrajudiciall commandement of the King bee against Magna Charta, it is void, and all resolutions of Judges concerning the commandement of the King, are to be understood of judiciall proceedings, a part insti. fo. 186. 187.)

Therefore Mr. Justice Bacon, it is to no purpose for you to tell me, I am committed by a higher Court, and therefore you cannot legally deliver mee, for I ever unto you and have already sufficiently proved it, that I am commitmitted contrary to Law and Justice, and therefore you being Judges of the Law, and not of Presidents, grounded upon will and pleasure; You are to take notice of nothing but Law, and therefore I demand and require my liberty at your hands, as my undoubted right and due by Law, which you can neither in justice, honour, nor conscience deny unto me.

But admit the Lords to be a superiour Court of justice to the Kings Bench in some cases, yet if they walke beyond their bounds and limits set them by the Law, and meddle with that which by Law they have no Jurisdiction of, in that case they are no Court of Justice, either to you or me, but a company of despisers and contemners of the Law; all whose actions and decrees made and done in such cases, are but meere affronts unto the Law, and unvalid and unbinding, either to you, or me, or any other man in England; in disobedience to which, they by Law are not capable of a contempt or affront, nor cannot legally punish any in such a case, either with fine or imprisonment, as for instance.

First, if a court of SESSIONS, (which is a Court in many cases by Law) questions me for my Freehould, and I give them contemptuous words for medling with that which they have no Jurisdiction of, they by Law can neither fine nor imprison me therefore.

Secondly, the same holds good in the COMMON PLEAS, which is an unquestionable administrative Court of Justice in divers cases, yet if they go about to hold plea of murder before them, if the party refuse to answere them, It is in Law no contempt of the Court, And if the Court shall therefore fine and imprison him, it is illegall, erronious, and unbinding, because in Law they have no Jurisdiction of such cases.

Thirdly, and pertinent to this purpose is BAGGS CASE, in the 11. Part of Cooks Reports, who being summoned before the Mayor of Plimoth. in open Court called him cozening Knave, and bade him come kisse, &c. For which the Mayor Disfranchised him, and it was resolved in Law, that the the Disfranchisment was illegall, and the reason of it was, because it was not according to Law, for that the Mayor in Law had no power to doe it.

Fourthly, sutable to this is the complaint of ARCHBISHOP BANCROFT, and the Judges answer to it, which said Archbishop in his 22. Article to the Lords of the Privie Counsell, in the 3. of King James, complaines against the Judges of the Courts of Justice in Westminster Hall, for affronting the actions, proceedings, and Censures of the High Commission Court, which was erected by Act of Parliament, viz. 1 Eliz. and had power by King Iames his Letters Patants to Fine, and IMPRISON, and yet as he complaines, (as you may read 2 Part. instit. 10. 615. & 4 Part. instit. fol. 335.) ‘The Judges were growne to that innovating humor of late, that whereas certaine lewd persons, (two for example) one for notorious Adultery, and other intollerable contempts, and another for abusing of a Bishop of this Kingdome, by threatning speeches, and sundry rayling tearmes, no way to be endured, were thereupon fined and imprisoned by the High Commissioners, till they should enter into bonds to performe further orders of the said Court, the one was delivered by HABEAS CORPVS out of the Kings Bench, and the other by a WRIT out of the Common Pleas, and sundry other prohibition have been likewise awarded to His Majesties said Commissioners upon these suggestions, that they had no authority to fine or imprison any man &c.

Which practices and doings the Judges in their answers thereunto, justifie to be legall, and no more than that which they are bound unto by their Oath, for that the high Commission had gone beyond the legall power of their jurisdiction, having no power by law to fine and imprison in those cases; and therefore, the Law, being the surest Sanctuary, that a man can take, and the strongest fortresse to protect the weakest of all, is ought not to be denied to the meanest man that demands it, against the greatest seeming legall oppressor, that act of violence or wrong, being most hatefull of all others, when it is done by uncontinuance of justice, and therefore that man which legally indeavours deliverance from it, ought from the Judges of the Law by Magna Charta, to have it freely without sale, fully without any deniall, and speedily without delay, in which regard the aforesaid Judges, did not only justifie their forementioned legall practice, but also fall very soule upon the Arch-Bishop &c. for taxing the Judges and Iustice of the Kingdom, confidently averting, that for lesse scandalls then his, &c. in taxing the Iustice of the Kingdom, divers have been severely punished, And Sir Edward Cooke in the 4 part of his institutes, Chap. of the high Commission Court, in causes Ecclesiasticall, fo. 331. 332. 333. 334. 335. instances divers others, that for notable Ecclesiasticall crimes, were fined and imprisoned by the high Commissioners, and upon demanding their right from the Judges of the Courts of Justice in Westminster Hall, they were relieved and &illegible; by them, by the strength of those nerves and sinewes of the Law Prohibitions and &illegible; Corpusses.

But above all the rost that he there mensions, Iohn Simpsons case in the 42. Eliz. is the most remarkable to my purpose, which Simpson being accused for committing adultery with the Wise of Edward Fuste (over which case by Law the high Commissioners had Iurisdiction) whereupon the high Commissioners issued out there warrant to Richard Butler Constable of Aldrington in the County of Northamton, for attaching and arresting of the body of the said Simpson, which in Law is an imprisonment upon the attachment of his body, and the Constable takes on William Iohnson servant of the said FVSTE to assist him in the serving of his Warrant which warrrant the Constable served upon him and, sad it unto him, notwithstanding the Said SIMPSON resisted him, and in his owne defence (showed him) slew the &illegible; said Johnson, that came in aide of the said Constables, for which he was as a wilfull murderer, Committed to Northampton Goale, and indicted before the Judge by the coroners inquest of wilfull murder, supposeing the said Warrant to Lawfull, but the matter being very mighty, the Justices of assise thought not good to proceed against him at those assises but deferred it till the next assises, at what time after this long time of deliberation, and upon conference with other judges of the law it was resolved, that the statute of the 1 Eliz. gave no power to the high commissioners to make any warrant to arrest the body of Simpson in that case, but that they ought to have proceeded by citation, And therefore going beyond there legall “power (although by the Queens letters patents, expresse authority is given to the high comissioners to send for the body of any offender, &c.) Simpson in killing the said IOHNSON, had committed no wilfull murder, but only defended himselfe and his liberties, and so it was found by the Jury, & he acquitted of murder.

From all which I observe, first, that all Iudges of all Courts of Justice in England, are bound to act within the compasse of there jurisdiction given them by Law.

2 I observe that the Iudges of any Court going beyond their legall Iurisdiction, may, and ought by Law to be resisted, which resistance is no contempt of the law, not punishable by it.

3 That the Iudges of the Law, are bound in duty and concience by Law to judge all causes that comes before them according to Law, which both the single order of the Lords, and the single order of the Commons, is inferiour, or in subordination unto, as well as the royall letters pattents of &illegible; King or Queen, which yet those Noble Iudges according to Law, threw behind their backs, and acquitted the said SIMPSON of Murder, in killing of IONHSON in his doing actions in pursuance, and by vertue of the authority of the said Letters Pattents, And therefore much more ought you to acquit and set my body at liberty without any more adoe from the Lords 7. yeares imprisonment, being their imprisonment of me, though grounded upon their decree or Judgement, is contrary to the expresse declared and constant received fundamentall Lawes of England, and though divers men in former ages, have been so sottish or lestfull, to part with their legall Liberties to the Lords, and have stooped unto their Iudgements, Orders, and Decrees, yet that is no prejudice or hinderance unto me, from the injoyment of mine, who now demands them at your hands as my right by Law.

4. And lastly, seeing as is before undeniably proved, that the King (the Major) is the primitive, and the Lords (the Minor) are but the derivative and seeing it is before also fully proved, that the Letters Pattents of the King, the primative, is not to be set in compitition with the Law, it will strongly and undeniably follow, that the orders of the single Lords, who are but the derivitive, cannot keeps me in prison contrary to the Law; but that they ought by you without any further delay, being illegall in themselves to be judged so by you, as well as the King or Queenes Letters Patents, were by your predecessours, and my body by you to be set at liberty, though it hath seemingly affronted their orders, as well as the life of the said SIMPSON, was saved by your predecessours, although he had slaine the said IOHNSON in affront of their superieurs Letters Patents, and not to necessitate me for my reliefe and preservation to SIMPSONS remedy, which though bloody in it selfe, yet is justifiable by Law and reason, by which I may defend my liberties and life, against all those that in the executing of unjust illegall orders and decrees would rob me of them and if in my own defence to save my lif