friends have bin contrary to the laws liberties of England very much restrained for comming to me have often bin forced to stay an houre or two at the gate before they could get a Keeper to come up with them to me and divers have had from them very base and provoking language and others have been forced to goe away without accesâ— unto me so that I am in some sence in the nature of a close prisoner robd by men in greatest authoritie of my estate and proprietie robd of my liberty and of the free accesse of my friends unto me in my great and almost unsupportable captivitie so that if it be not immediately mended I must bee necessitated and compeld whether I will or no to cry out in the next to all the free men of England as loud as I did in the Bishops time in my Epistle to the Apprentices of London of the 10. May 1647. which I caused on ther play day to be thrown in Moorfields amongst them Murder Murder and Murder and provoke every English man that hath the spirit of a man in him to importune with loud cryes the Parliament to doe me iustice and right so far as I have Law and iustice on my side and to punish or distroy me without mercy so farre as by law and iustice I have deserved it which is all the curtesie I crave at the hands of all the men in England and resolved I am by Gods assistance never to sit down in silence so long as they so murderinly and tyrannically as they doe tyrannise over me let the issue be what it will I value it not having long since through the goodnesse of God learned to dye hoping and strongly beleeving that that God hath been my God in six troubles and in seaven hath â—ot left me will be a loving and carefull husband and father unto my poore wife and children if I â—hould be taken from them in that distressed meane and low condition they are now in And thereâ—ore Mâ— Frost I shall draw towards a conclusion and according to my promise in the foregoing lines â—ive you a short breviate of Mr. Iohn Morris his case as I find it drawn up to his Excellency Sir Thoâ—as Fairfax by divers of the late Agents which thus followeth May it please your Excellency BEing deeply oppressed in our spirits and overburthened in ourselves at the manifold dolefull outcryes and complaints of the people in all parts of our quarteâ—s where we come uttered against the daily pressures and inroads that are made by prerogative and arbitrary violence upon their Common rights and in particular the cry and miserable moane of certain oppressed Commoners to wit of Iohn Poyntz alias Morris Esquire Isabella Smith Iohn Harris and Leanord Darby comming unto our â—ates that we could not but as in duty we are bound deeply represent their miserable condition as fellow feelers of their oppressions and persons lyable when we come into their single capacitie of Commons to the said mischiefe and therefore conceiving it our duty to contribute our utmost endeavours for the remedy of the same we could not but unburthen in some measure our spirits unto your Excellency in their behalfes who in such a horrid and barbarous manner have been abused and supplanted of their common rights by acts of violence and force committed by Iohn Brown Clarke unto the House of Lords and his accomplicies under the colour of severall Orders surruptuously by misinformations gained from the said House to the high usurpation and abuse of the name and authority of Parliament in permitting the image thereof upon his own prerogative outrage and violence to the totall â—uine and supplantation of the iust freedomes and birthright inheritance of the said persons as the severall papers thereunto subioyned for the full information of your Excellency doe demonstrate And for more certain confirmation of our premises represented by the same be pleased to consider that whereas the abovesaid persons are accused condemned and sentenced by the Lords supprised by Browns misrepresentations and delusions to pay 2500. l. fine and suffer imprisonment contrary to the regular course of the Lawes during the pleasure of the said House for forging and framing a copy of an Act of Parliament touching the estate of the said Iohn Poyntz alias Morris pretended to be taken out of the Office of the said Iohn Brown with his hand thereunto no such originall Record as Brown pretendeth to be found in his office that since the said accusation another originall Record of the said Act of Parliament with other writings and evidences for the said estate is found in the Court of Wards and they have gained copyes thereof examined and subscribed by the Master of the said Court and his Clarkes the which with their hands thereunto are herewith presented and concerning the truth thereof three of us can also give it upon oath that the wife of one Godfrey Cade now prisoner in the Fleet did declare unto us that the said John Brown went to the Fleet unto her husband and gave him 25. shillings in hand and promised him 5. l. more and his inlargement to sweare at the Lords Bar that he forged the copy of the said Act of Parliament and counterfeited the Clarkes hand unto it and the saiâ— Cade did also confesse the same Wherefore we humbly implore that your Excellency would be pleased to grant the said distressed persons your letter of request unto the Parliament according to their Petition herewith directed to your Excellency that the said persons and their adversaries may be left to the free course and tryall at common law and that in the meane time till the controversie concerning the estate be decided at Law the said persons may inioy their inlargement upon Bayle without any further trouble or durance and the execution of their severe sentence be suspended and the said Poyntz alias Morris enioy peaceable possession of the said estate like as all his ancestors from the dayes of Queen Elizabeth have done before him which request is so reasonable and iust and their condition so miserable desperate and dangerous and of such concernment to the whole Common wealth that no man if such exhorbitâ—ces be not stop and â—â—rbd can have any security in his estate of liberty that we cannot but promise our selves your Excelâ—encies conâ—seâ—â—â—â—â—n of their condition and readily assent unto their iust sâ— Thus we humbly take our leave beseeching your favourable construction upon our boldnesse aâ— remaine Your Excellencies most humble Servants and Souldiers Lievt Gen. R. Robert Everard George Sadler Com. Gen. R. George Garret Thomas Beverly Col. Whalys Matthew Wealy William Russell Will. Sampson Richard Daley Col. Riches Will. Hudsoâ— Iohn Dober Col. Fleetwood William Priar William Bryan Now Mr. Frost to conclude all at the present I shall desire you to aske your grand Senior Craâ—well whether he intends forthwith to become an absolute brother to the great Turke and to set up â—mongst us in England his absolute tyranny and the reason why J desire you to doe it is because heare he lately neer the Parliament met with on William Thomson a meer Commoner and no Souâ—dier and without any affront given him by the breath of his mouth committed him prisoner to 〈◊〉 Mercinary lanisaries at Whitehall and have since passed a sentence upon him at a Councell of Warâ— to be shot to death over whom he hath no more jurisdiction then the great Turke hath and now keeâ— him close prisoner in Whitehall without use of pen inke and paper where it is said he intends thâ—ly to murder him for no other crime in the world but only because he hath more honestly in his liâ— finger then Cromwell hath in all his body So being in hast letting you know I intend to visit yoâ— again and your silly Comrade William Prinn shortly for writing his late silly book for the supportaâ—on of the Lords rotten and illegall jurisdiction and so I rest Your Antagonest John Lilburne FINIS
I had given them the substance of the beginning of our discourse there I â—cquainted them that it was objected by some in the Company that the people all over the Kingdome â—ere generally very ignorant and malignant and hated the Parliament and us whom they called Round â—eads Independents c. for our Cordiall adhering to them under whom they groaned under greater opâ—ressions and burthens then before the Parliament And for all their expences and fightings were never 〈◊〉 whit the freâ—r either at present or in future grounded hopes and therefore for us that were for the â—oresaid reasons so hatefull to the generollity of the people to act in this Petition they would but conâ—emn it for our sakes and be provoked to rise up against us Vnto which Mr. Speaker my self c. answered to this effect the people are generally malignant and more for the King then for the Parliament but what 's the reason but because their burthens are greater now then before and are likely to continue without any redresse or any visible valuable consideration holden out unto them for all the blood and treasure they had spent for their liberties and freedoms And the reason why they were so ignorant and did so little enquire after their liberties and freedoms was Mr. Speaker because that though the Parliament had declared in generall that they engaged to fight for their liberties yet they never particularly told them what they were nor never distinctly hâ— forth the glory and splendor of them to make them in love with them and to study how to pres 〈◊〉 them and for want of a cleare declaring what was the particulars of the Kings rights and the natuâ— of his office and what was the Parliaments particular priviledges power and duty to the people of 〈◊〉 Kengdome that chosed and betrusted them and what particularly was the peoples rights and freedomâ— they were hereby left in blindnesse and ignorance and by reason of their oppressions because theâ— knew no better doted implicitely upon the King as the fountain of peace justice and righteousnesse without whom nothing that was good could have a being in this kingdome And I told them 〈◊〉 Speaker it was no marvell that the poore people in this particular were in foggs mists wildernesseâ— and darkenesse considering that this House in their Declarations hath so plaid at fast and loose wâ—â— them for though Mr. Speaker this house voted to thâ— effect * See the Votes of May 20. 1642. 1. part book decl pag. 259 260. compared with pag. 499. 508 509 574. 576. 580. 584 587. 617. 618. 632. 640. 722. 914. that the King being seduced by evill Councell hâ— made warre against the Parliament and people and that thâ— are trayters that assisted him And further declared thâ— he had set up his Standard against the Parliament anâ— people and thereby put the whole Kingdome out of his protection contrary to the trust reposed in him contrary to 〈◊〉 oath dissolving government thereby And that he in his own person marched up in the head of oâ— Army by force of Armes to conquer and distroy the Parliament and in them the whole kingdome thâ— lawes and liberties And yet Mr. Speaker with the same breath declared the King is the fountaine of justice * See 1 part book decla p. 199. 304. and that he can doâ— no wrong and forc'd the people to take oaths and Covenants to preserve his person and yet at the same time gave the Earle of Essex and all those under hiâ— Commission to fight with kill and slay all that opposed them and declared the King in his own person marched in the head of an Army to oppose and destroy them and yet gave them Commission to fight foâ— King and Parliament so that Mr. Speaker here was riddle upon riddle and mystery upon mystery which did even confound and amaze the people and put them into Woods and Wildernesses that they could not see or know where they are or what to think of themselves or of the Parliament or oâ— the King only this they very well know that their burthens are greater now then ever they were before and that they have been made fooles in pretendingly to fight for liberty which hath brought them into bondage and that though it was formerly declared the King had no negative voice or legislative power but is bound by oath to passe all such lawes as the people folke or Commons shall chuse yet noâ— the Parliament sends unto him againe and againe for his concurrence to their Acts as though the giving of life soule and power to their actings were undisputably and inseparably inherent in him and as though now there consciences told them they must crave pardon of him for all the actions they have done without him and against him O ridles and unfathomable mysteries sufficiently able to make the people desirous to be ignorant of their liberties and freedomes forever and never to hear of them more especially considering they have paid so deare pretendedly for the enioyment of them and yoâ— after 5. years fighting for them know not where to find one of them But Mr. Speaker they were told that in this Petition the people had clearly held out unto them and that upon the undeniable principles of reason and justice the Kings rights the Parliaments and their own and that the two former were and of right alwayes ought to be subservient to the good of the latter and they were told it was not so much persons as things that the people doated upon and therefore undoubtedly those that should really hold out iustice and righteousnesse unto them were those that they would be in love with and therefore in mercy to our selves and in love and compassion to our native Country it was pressed that every man that desired to fulfill his end in comming into the world and to be like unto his master in doing good should vigorously promote and further this just and gallant Petition as the princeple meanes to procure safety peace iustice and prosperitie to â—he land of our nativitie and knit the hearts and spirits of our divided Country men in love againe each unto other and in love unto us which they could not chuse but afford when they should visibly â—ee we endeavoured their good as well and as much as our own there being all the principle foundaâ—ions of freedome and iustice that our hearts could desire and long after in this very Petition And if our greatest end were not accomplished in our prosecuting of this Petition viz. the Parliaments establishing the things therein desired yet the promoting of it would beg it understanding and knowledge â—n the people when they should heare it and read it and discourse upon it and if nothing but that were effected our labour would not be totally lost for nothing did more instate Tyrants in the secure possession of Tyranny then ignorance and blindnesse in the people And therefore for the begitting of knowledge
it was requisite it should be promoted And also for the healing of the divisions amongst the people and knitting them together in love that so their minds might be diverted from studying the â—uin each of other to studie the destruction of Tyrants that would in time destroy them all whose fundamentall maxime â—t is that they must by policies and trâ—cks divide the people amongst themselves or else they can never safely tyrannise over them †And therefore of all dangerous kind of cattell that ever were have a care of the Lawyers whose interest it is to set up and promote tyranny that so thereby divisions and discords enough may be begot without which they cannot live and grow rich and great and therefore take this for an infallible rule that if at any time there be any thing promoting for healing the divisions of the people and securing their liberties and proprieties the mercinary hackney Lawyers are principally the men that bend all their might and strength to oppose it and crush it and therfore I say againe look upon them with an evill eye as the vermine plagues and pests of a Common wealth there being so many of them in England as is able to set a thousand peaceable Kingdomes together by the eares therefore say I to the people never fit still till you have got your Lawes abreviated with all their entryes and proceedings in English that so you may understand them and plead your causes your selves and so let the Lawyers goe shake their cares till which you will never inioy peace and quietnesse And Mr. Speaker there was one in the Company that made a motion to this effect that he did conceiveit was more requisite at present speedily to second the Armies Declaration with a petition to incourage this House vigorously to go on to prosecute their last Gallant Votes for so they were called to which was answered to this effect That in this petition was contained more then was in all them Votes for it struck at the very root of all that tyranny that had enslaved and would inslave us viz. the Negative voice in King and Lords both which the Votes did not in the least And it was impossible that there could be an active member in the House of Commons but knew that this petition was promoting all over the Kingdome which abundantly declares greater incouragement to all those Members of the House that really intended good to the Commonwealth then possible could be in a single complementall Petition signed with 4 or 500. hands such a petition being rather fit to puffe them up and thereby divert them from fully intending the peoples good then upon reall grounde to strengthen and incourage them therein and there was never a member of the House whose design in the largest extent of it was no more then the pulling down of the King that so he might be a King himself but of necessitie he must receive more satisfaction and incouragement from the knowledge of the promoting this gallant unparaleld petition which is a cleare demonstration to the Parliament that those that promote it clearely understand that the King and the Lords tyranny and their liberties are inconsistent then he could doe from a bare complementall petition which would also be dangerous to our selves in quashing the vigorous prosecuting of this that contained the utmost of our desires and the sum of all those things that in this world we desired to make us happie But Mr. Speaker it was againe obiected that seeing the Petition struck so much at the House of Lords as it did who lately it was said had concurred with this House in their Gallant Votes against the King it was dangerous to the Kingdomes safety in this iuncture of time to promote it loast is might occasion a clashing betwixt the two Houses which would now be very dangerous Uâ— to which Mr Speaker my self c. answered to this effect that if the Lords had so concurred in these Votes that they had declared it had been their duty without dispute â—o have concurred to all such Votes as the House of Commons had passes there had been some ground to have pleaded for a respect 〈…〉 from us But seeing they so passed the Votes as in the passing of them they declared it to be their right to give their denyall to any Votes the House of Commons shall hereafter passe that doth not please them We are thereby ingaged the rather to goe on with our Petition to pluck up their destructive interest by the roots that had brought all our miseries and woeâ— upon us For Mr. Speaker if the Lords be considered in their indicative power we shall find them as guilty of treason in subverting our fundamentall lawes and liberties as ever the Lord of Strafford was for which he lost his head †See his Bill of Attainder by vertue of which he lost his head printed in the 29. pag. of the Peoples prerogative read also the â—6 47. 55. pages thereof read also his charge printed at large in a book called speeches and passages mentioned in the 28 pag. of my book above mentioned who in his impeachment of high treason by this House was accused it tho 4 5 6 7 8 9. articles that he had treacheâ—ously subverted the fundamentall lawes and liberties of England and Ireland and introduced an arbitrary tyrannicall government beyond and above law in that he had upon paper petitions and verball complaints without any due course processe or shadow of Law but meerly by the Law of his own will outed divers of the free men thereof out of their liberties proprieties and freeholds to the ruin and destruction of many of their families And truly Mr. Speaker I must aver it and doe aver it before this House that the present House of Lords are as guiltie of this trayterous subverting of our fundamentall lawes and liberties and introducing and exercising an arbitrary and tyrannicall government above and beyond all law and iustice as he was And by the law of their own wills without any due course or processe of law or the least shaddow of law have outed divers free men of England out of ther liberties properties free holds * See amongst many other of their transcendent acts of iniustice the lamentable case of Iohn Pointz alias Morrice Esquire and Isabel Smith c. which you may read at the last end of this Epistle they themselves being Complainants Prosecuters Parties Witnesses Jury and Iudges have passed most barbarous and tyrannicall censures upon them to the apparent ruine of them and their families yea and upon me have passed so barbarous and transcendent an illegall sentence that I am confident the like of it in all circumstances is not to be paraleld in all the Earle of Straffords tyranny for which he lost his head And Mr. Speaker let me freely tell you that unlesse this House doe execute upon the present tyrannicall House of Lords or the mischievous and law
distroying ring leaders amongst them the Earle of Straffords punishment I shall never iustifie you for righteous and impartiall Iudges or think that you have discharged your duty either to God or the Common wealth And then Mr. Speaker in the second place as for the Lords Legislative power I told my friends to this effect that the Lords usurpations in that particular had been the cause of all the late wars and blood shed in England And Mr. Speaker I illustrate it unto you thus that before this Parliament was called there were certain great and wicked men in England that had in a manner totally destroyed and subverted all our lawes and liberties For the Judges in the iudgement of Ship money alone had given up to the King at one blow all our properties and by consequence all our lives and all that was deare unto us And these with many others had de facto set up an arbitrary tyrannicall power beyond above all law which is well set forth in your first Remonstrance of the state of the Kingdome which had like to have destroyed this whole Nation and the King being of necessity compeld to call this Parliament this House in its verginitie and puritie according to the great trust reposed in them endeavoured to execute justice and judgement upon the forementioned tyrannicall law and liberty destroyers whose power and interest by reason of those many great places and command they possessed in the Kingdome and by reason of the length of time they had continued in their wickednesse had so fastly routed and revited them in the bowels of the Common wealth That the endeavouring to pluck them up occasioned the feare of a dreadfull Earth-quake in the Kingdome and therefore that this House might in securitie goe on effectually to discharge their trust and duty to the kingdome they were therefore as to me appeares necessiâ—ated to new mould the Militia of the Kingdome and to put the strength of the nation into more confiding hands then it was before which desires of theirs they sent up to the Lords for their concurrance who refused to concurre not once nor twice but many times †See 1 part book dec pa. 289 364. 365. 398. 548. 557. and procrastinated time so long by their delay that the Kingdom was therby in danger of ruine which necessitated this house to send up Mr. Hollis a quandum Patron of the peoples liberties to the Lords bar with a message to this effect to demand the names of all those Lords that would not concurre with this House in saving the Kingdome that so they might be the obiect of their iustice and punishment And truly if the Lords had had a reaâ—â— and true right and title to their Negative voice to deny concurring with this House in what they pleased this message was no better then by feare and compulsion to ravish them out of their judgements and consciences and so by force to rob them of their rights And upon this message Mr. Speaker when the House of Lords see this House was in good earnest being prickt up thereunto by divers transcendent high Petitions of the people after they had delayed their concurrance so long as they could or durst the most of them fled and the remnant or lesse part concurred who at the best if they had a right to deny or grant it their wills and pleasures can be stiled no better then a House under force and by the same argument it â—ill follow they have so continued ever since and so all their acts eversince are null and void in law and reason both being the act of force and therefore of necessitie it must either be granted that the Lords pretended right to their law making power is a meere usurpation or else that the House of Commons committed the Apprentices late treason inforcing the Parliament But Mr. Speaker I said and still doe say that the Lords so long standing out and refusing to concurre with this house to settle the Militia of the Kingdome gave the King an oppertunitie to withdraw from the Parliament and to lay his design for a War yea and to gather his forces together whereas if they at the first desire had concurred with this house in setling the Militia the King had never had an oppertunitie to have withdrawn himself from the Parliament or to have gathered 300. men together much lesse an Army and so there could have been no Warre and blood shed in the Kingdome And therefore Mr. Speaker as I old amongst my friends so I doe here again lay the guilt of all the blood that hath been spilt in England in the late warre which I doe beleeve amounts to the number of 100000. men that have lost their lives in it at the House of Lords doore and this House Mr. Speaker in my apprehension can never in justice either before God or man acquit them selves as iust men if at their hands they doe not require and upon their heads requite the guilt in shedding all this innocent blood And as for their right to their pretended Legislative power I told my friends Mr. Speaker I would maintaine it upon my life against all the Proctors the Lords had in England that they had no truer right to their Legislative or Law making power then what they could derive from the sword of that Tyrant Willâ—am the Conquerer and his successors and therefore it was that in their joynt Declaration with this House published to the view of the Kingdome they doe not stile themselves the chosen Trustees or Representatives of the Kingdome but the Heriditary Councellers of the kingdome †See 1. part book decl pag. 324. 508. and Vox Plebis pag. 43 44 45 86. 92. 93. 94. in which pages the Lords are soundly paid but especially in the last the strength of which is taken out of Will. Prinns part of the soveraign power of Parliaments and kingdomes pag. 42 43. 44. where he hath if my judgement serve me levelled the Lords as sow as ever any of those he calls Levellers in England did and therefore his new book needs no other answer but his own words in his forementioned book so his own hand is against himself that is to say men imposed upon the Kingdomâ— for their law-makers and Rulers by the ficious omnipotencâ— will of the King to be their law makers and governourâ— Who in his answer to the 19. propositions hath no better plea for the Lords Legistive power but that they haâ—â— their right thereunto by blood And Mr. Speaker I said unto them and now averre it with confidence unto you thaâ— for them to take upon them the title of Legislators of England they have no more right so to doe then a Rogue Thâ—eefe and Robber that robs me upon the high way and by force and violence takes my purse from me had or hath to call my money when he hath so done his own true and proper goods Or Mr. Speaker for them to plead
called Truths triumph or treachery anotamised and Sir Iohn Mayna protest delâ—vered to the Lords the 14 Feb. 1647. nor ought not to be And therefore Mr. Speaker before I totally conclude in preventing this house to conclude their ill begun opinion of me I shall humbly desire a little further liberty to propound three things unto your consideration and in them I shall be briefe The first of which is that when Paul stood before the Heathen and Pagan Roman Governours and the Iewish Scribes and Pharisees Prest hard against him to have him destroyed as this English Pharisee doth now against me at this barre yet they had so much righteousnesse and iustice in them by the light of nature that they would not condemn him for all that tell they had given him the benefit which the very law of nature gives to any man and which the law and custome of the Romans gave unto him which was to heare him make the best defence for himself that he could the which when he had done the Governour was convinced that his accusation was â—eer mallice and that he had done nothing worthy of death or bonds Acts 23.29 and 24.25.26 And Mr. Speaker as Paul amongst the Heathens inioyed the benefit of a Roman viz. the priviledges of the Lawes of his Country so let but me from this house inioy but the priviledges of an Englishman viz the benefit of the known and declared Lawes of my native Country and I doubt not but to make it as evident as the Sun when it shines in its glory that I have done nothing that deserves either death or bonds and that this information is a meere malicious bundle of lyes and that if the Informer dare but to sweare onâ— quarter of that which now with confidence he affirmes that he forfeits his ears And to punish me before this be granted me I must over is the hight of iniustice and the actors in it lesse morrall then the pagans and Romans were Secondly Mr. Speaker I desire to acquaint this House that upon the third of May in the yeare 1641. one Littleson servant to Prince Charles that now is informed the King himself with a great confidence that I had said if we could not have Iustice against the Earl of Strâ—fford we would pull the King out of White Hall and without any more adoe I was apprehended as a Traytor and clapt up close in the messengers hands and the next morning I was brought to White Hall as a Traytor and the King sent Mr. Nicholas then as I remember Clarke of the Councell to the House of Lords to impeach me of High treason and the said Littelton swore the words point blank against me and unto the Bâ—nch I was called where I had a kinde of an arraignment of High treason before almost a 100. Lords then siting unto which I stooped knowing my liberties no better and the Lords giving me leave to speak for my self what I could I delt as ingeniously with them then as now I have done with this House and told them freely and boldly the whole truth of the matter and I being withdrawne one Mr. Andrews a Councellour of Lincolns Inn was called in as a witnesse of confirmation to Mr. Litleton not knowing wel what I had said nor what he had sworne and he was put upon his Oath to declare the truth of my discourse and Jumped point blank upon what I had ingeniously related to them so by examining the truth to the bottome my life was saved and my body honourably delivered by order of that honourable House from my present bonds and Mr. Litleton like a rogue for his owne preservation was fain to sneak away but Mr. Speaker that which I here observe is this that if the House of Lords then possest with indignation enough against me had been so credilous and unjust to have believed a single informer then upon his oath which yet is more then this informer is for any thing I know J had died for it and I hope this house will not fall short of the house of Lords yea and of the house of Lords when it was fullest of arbitrary courtiers in doing justice in condemning me to any the least punishment in the world upon the bare virball information of a single informer not upon his oath especially having so long and large experience of my unspoted integrity to the reall and just interest of this House that now with my pen I dare aver it with confidence never any man in England ever gave greater or larger for all the rusling buslings or confident lyes of any rotten apostatised or corrupt members therein Thirdly and lastly Mr. Speaker I desire to acquaint this House with some hard measure in this very particular I have had from this House it self truly M. Speaker J intended at my coming in freely boldly to have grated upon some unpleasant string and loudly to have sounded a harsh and unpleasant base upon them but truly Mr. Speaker J must ingeniously confesse I am overcome by that honouourable respect I have this day found from this House in that you have heard me with so much patience speak my minde so largely with freenesse and bouldnesse without the least interuption in the world that I doe in good earnest canfesse I take it for a greater obligation and ty unto my spirit then all the favours that ever I received from this House fom the first day of their siting to this present day but Mr. Speaker I beseech you let me not be misinterprited as though J said this to collogue and flatter with you and therby to insinuate into you lesten your iust indignation unto me for my crimes no Mr. Speaker I hate and abhore the thoughts of any such thing and doe before you all with detestation protest against it assuring you that if my naked integrity and sincerity in the iust and strictest eye of the law will not beare me out in whatsoever can iustly and legally be laid unto my charge J am resolved to perish But I goe on with your favour Mr. Speaker to say what J intend with the greatest respect to this House that possibly the businese will beare and Mr. Speaker you your selfe may remember that I brought post letters of glad tidings in Iuly 1645. from the Army in the West of their routing Generall Goring at Lampart and being waiting at the House doore upon the 19. of Iuly 1645. there was â—me kinde of false information given into this House against me by whom J then did not know nor â—o not legally know to this day but the informers were never called into the House to testefie the least â—â—me in the world against me and with those that since I understand were the informers viz â—r â—astâ—ick Col. Edward King I had not for many moneths before to my knowledg changed so much as â—â—e word with and yet notwithstanding my best requitall for my hazardus posting from the Army to 〈◊〉 House
Cosing c. Sir Arthur Hasterig for I must of necessitie have a fling at you both for your late zeale manifested â—or me to make me be a Comrade with Iudge â—enkins to Tyburne no other place in your judgement so well becomming him and me then that though truly I am very confident it would better become your selves But upon the debate in the House after Candles was lighted newes was brought out that Mr. Wildman was committed to the Fleet and my selfe to the Tower for treasonable and seditious practises against the State but for all that I stirred not but staid with my Comâ—ade in the Loby at the House of Commons doore and after the House was rise Mr. Bicket the Serjeant ac Armes come to us and told us what was done and J told him at present I would not dispute the power of the House in commiting me but if the Warrant were not legall I was resolved to loose my life upon the place before I would goe willingly to prison without a legaall warrant containing the particular cause and having a legall conclusion viz. and him safely to keep untill he be delivered by due course of Law but Mr. Serieant brought me a copy of the Warrant and it was to remaine in prison during pleasure which I told him I would have my braines beat out before I would willingly obey and stoop to it so the people that stayed being about 100. cryed ovt unto us to goe away with them for to prison they would not suffer us to goe without a legall Warrant telling Mr. Sergeant that if the warrant were legall if we would not goe they would help him to câ—rry us so Mr. Serieant went into the Clarkes office and mendeâ— the forme of the Warrant but wanted Mr. Speakers hand unto it who was then gone home so we gave him our Perrowls to appeare there betimes the next morning and accordingly we did and thaâ— evening reading Sir Edward Cooks Commentary upon the 29. Chap. of Magna Charta and his Expâ—sition of the 1. Edward 2. which treats upon breaking of prison in his 2 part institutes I find in thâ— last fol 590 591. he expresly declareth it is not enough to expresse the cause in generall but it mâ—â— be in particular and if for Treason for what particular Act of Treason and if for Fellony For whiâ—â— particular act of Fellony whose words at large you may read in the 74 75 pages of The Peopleâ— Prerogative And in the 5 6. and 10. pages of Sir Iohn Maynards case truly stated And being at the House of Commons doore the next morning Mr. Serieant shewed me my warranâ— the Copy of which verbatim thus followeth BY vertue of an Order of the House of Commons these are to require you to receive from the Serieant at Armes or his Deputy the body of Lievt Col. Iohn Lilbuâ—ne into the Tower of London and him there to detain in safe Custody as your Prisoner in order to his tryall according to Law he being committed for treasonable and seditious practises against the State and for so doing this shall be your Warrant Dated 19. Ianuary 1647. To the Lievtenant of the Tower of London William Lenthall Speaker Vpon reading of which we both desired to speake two or three words with Mr. Speaker and the House being not sate we accordingly did and I told him I very much desired his favour to be called againe to the bar to speake two or three words to the Legallity of the warrant for as it was I told him we might remaine in prison ad infinitum before the Iudges durst or would grant us a Habeas Corpus to bring us up to the bar of iustice to receive a legall tryall or our liberty according to Law And having Sir Edward Cookes 2. part inst in my hand published by their own Order for good law I desired to shew him his iudgement to declare the Warrant illegall but when the House sate wee could not prevaile to be called in but Mr. Serieant came to me and pressed me to be willing to goe to prison upon the Warrant already made or else the House had ordered him to force me but I told him I would loose my life before I would be a traytor to the liberties of England which I must doe J told him if I obeyed that illegall Warrant And when I had so done I fell of preaching law and iustice out of Sir Edward Cookes institutes then in my hands and the Parliaments own declarations to the Souldiers that guarded the House telling them that they were raised to fight to preserve the liberties and freedomes of England but not to destroy them which they must of necessitie doe if they laid violent hands upon me to force me to prison upon the Houses illegall Warrant and in making mee a slave they subiected themselves to slavery and manifest themselves to be a pack of arrant mercinarys by destroying their own declarations being it was possible my case to day might be theirs to morrow I further told them that a generall charge of treason in Law was no charge at all by the Houses own Declarations and J instanced the case of the five Members and the Lord Kimbilton and the same is declared in the case of Alderman Pennington when he was Lord Maior of London And Alderman Folks Col. Ven and Col. Manwering whose cases you may read in the first part book declarations pag. 38 39. 77 201. 278. 660. 845. I also instanced the cases of Mr Hollis and the rest of the eleven Members where the House vote a generall charge was no charge And I also told them it was no contempt of authority by the Parliaments own Declarations to refuse obedience to illegall commands for in their declaration of the 19 May 1642. 3. part book dec pag. 101. they look upon the Atturney generalls impeachment of the 5. Members and the Lord Kimboâ—ton as upon a hainous crime against the Law of nature against the rules of iustice that innocent men should be charged with so great an offence as treason in the face of the highest Iudicatory of the Kingdome whereby their lives and estates their blood and honour are indangered without witnesse without evidence without all possibilitie of reparation in a legall course yet a crime marke it very well of such a nature that his Maiesties command can no more warrant then it can any other act of iniustice It is true say they that those things which are evill in their own nature such as a false testimony or false accusation cannot be the subject of any command or induce any obligation of obedience upon any man by any authority whatsoever therefore the Atturney in this case was bound to refuse to execute such a command And pag. 150. If a Generall attempt or command to turne the mouths of his owne Cannons against his own Souldiers it doth ipso â—acâ—â— estate the Army in a right of disobedience because the Generall hath gone against the nature