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A88232 The picture of the Councel of State, held forth to the free people of England by Lievt. Col. John Lilburn, Mr Thomas Prince, and Mr Richard Overton, now prisoners in the Tower of London. Or, a full narrative of the late extra-judicial and military proceedings against them. Together with the substance of their several examinations, answers and deportments before them at Darby house, upon the 28. of March last. Lilburne, John, 1614?-1657.; Prince, Thomas.; Overton, Richard, fl. 1646. 1649 (1649) Wing L2154; Thomason E550_14; ESTC R204431 45,344 56

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Time as after the language of their new fangled Saint-ships I may speak it they have brought their seasons to perfection even to the Season of Seasons now to rest themselves in the large and full enjoyment of the creature for a time two times and half a time resolving now to ware out the true asserters of the peoples freedom and to change the time and laws to their exorbitant ambition and will while all their promises declarations and engagements to the people must be null'd and made Cyphers and cast aside as wast paper as unworthy the fulfilment or once the remembrance of those Gentlemen those magnificent stems of our new upstart Nobillity for now it is not with them as in the dayes of their engagement at New-market and Tripl●e heath but as it was in the days of old with corrupt persons so is it in ours Tempora mutantur But to proceed to the story the Lievtenant Collonel did not only shew his weakness or rather his iniquity in his dealing with me but he converts the aforesaid Souldier of Leivtenant Generalls Regiment before divers of the Officers at White-hall and there he renders the reason wherefore he made him a prisoner because said he he takes Overtons part for he came and asked him how he did and bid him be of good comfort and he lay last night with a woman To which he answered It is true but the woman was my wife then they proceeded to ask when they were married and how they should know shee was his wife and he told them where and when but that was not enough they told him he must get a Certificate from his Captain that he was married to her and then he should have his liberty Friends and Country-men where are you now what shall you do that have no Captains to give you Certificates sure you must have the banes of Matrimony re-asked at the Conventicle of Gallants at White-hall or at least you must thence have a Congregationall Licence without offence be it spoken to true Churches to lye with your wives else how shall your wives be chast or the children Legitimate they have now taken Cognizance over your wives and beds whether will they next Judgement is now come into the hand of the armed-fury Saints My Masters have a care what you do or how you look upon your wives for the new-Saints Millitant are paramount all Laws King Parliament husbands wives beds c. But to let that passe Towards the evening we were sent for to go before the Counsell of State at Darby-house and after Lievtenant Collonel John Lilburne and Mr. Wallwine had been before them then I was called in and Mr. Bradshaw spake to me to this effect Master Overton the Parliament hath seen a Book Intituled The Second Part of Englands New-Chains Discovered and hath past several Votes thereupon and hath given Order to the Councel to make inquiry after the Authors and Publishers thereof and proceed upon them as they see Cause and to make a return thereof unto the House And thereupon he Commanded Mr. Frost their Secretary to read over the said Votes unto me which were to this purpose as hath since been publickly proclaimed Die Martis 27 Martis 1649. THe House being informed of a Scandalous and Seditius Book Printed entituled The Second Part of Englands New-Chains Discovered The said Book was this day read REsolved upon the Question by the Commons assembled in Parliament That this printed Paper entituled The Second Part of Englands New-Chains Discovered c. doth cont●in most false scandalous and reproachful matter and is highly Seditious and Destructive to the present Government as it is now Declared and setled by Parliament tends to Division and Mutiny in the Army and the raising of a New War in the Common-wealth and to hinder the present Relief of Ireland and to the continuing of Free-Quarter And this House doth further Declare That the Authors Contrivers and Framers of the said Papers are guilty of High Treason and shall be proceeded against as Traytors And that all Persons whatsover that shall joyn with or adhere unto and hereafter voluntarily Ayd or Assist the Authors Framers and Contrivers of the aforesaid Paper in the prosecution thereof shall be esteemed as Traytors to the Common-wealth and be proceeded against accordingly Then Mr. Bradshaw spake to me much after this effect Master Overton this Councel having received Information That you had a hand in the Contriving and Publishing of this Book sent for you by their Warrant to come before them Besides they are informed of other Circumstances at your Apprehension against you That there were divers of the Books found about you Now Mr. Overton if you will make any Answer thereunto you have your Liberty To which I answered in these words or to the like effect Sir what Title to give you or distinguish you by I know not Indeed I confesse I have heard by common report that you go under the name of a Councel of State but for my part what you are I cannot well tell but this I know that had you as you pretend a just authority from the Parliament yet were not your Authority valuable or binding till solemnly proclaimed to the people so that for my part in regard you were pleased thus violently to bring me before you I shall humbly crave at your hands the production of your Authority that I may know what it is for my better information how to demean my self Presid Mr. Overton We are satisfied in our Authority Ric. Overt Sir if I may not know it however I humbly desire that I may be delivered from under the force of the Military power for having a naturall and legall title to the Rights of an Englishman I shall desire that I may have the benefit of the Law of England which Law taketh no cognizance of the Sword And in case you or any man pretend matter of crime against me in order to a tryall I desire I may be resigned up to the Civil Magistrate and recceive a free and legall tryall in some ordinary Court of Justice according to the known Law of the Land that if I be found a transgressor of any established declared Law of England on Gods name let me suffer the penalty of that Law Further Sir In case I must still be detained a prisoner it is my earnest desire that I may be disposed to some prison under the jurisdiction and custody of the Civill Authority For as for my own part I cannot in conscience to the common right of the people submit my self in any wise to the tryall or custody of the Sword for I am no Souldier neither hath the Army any Authoritie over me I owe them neither dutie nor obedience they are no Sheriffs Justices Bailiff Constables or other Civil Magistrates So that I cannot neither will I submit unto their power but must take the boldnesse to protest against it Presid Mr. Overton If this be your Answer you may withdraw
sufficiently bespattered us yet in the conclusion they beg mecy for us because we had bin formerly active for the Publique Secondly I have bin lately told some of the Congregationall Preachers are very mad at a late published and licensed booke sold in Popes head Alley and Cornhill intituled The vanity of the present Churches supposing it to be the Pen of some of our friends and therefore out of revenge might Petition against us I confesse I have within a few houres seen and read the booke and not before and must ingenuously confesse it is one of the shrewdest bookes that ever I read in my life and do believe it may be possible they may be netled to the purpose at it but I wish every honest unbyased man in England would seriously read it over John Lilburn April 4. 1649. The Proceedings of the Councel of State against Richard Overton now prisoner in the Tower of London UPon the twenty eigth of March 1649 a partie of Horse and Foot commanded by Lieut. Colonel Axtel a man highly pretending to religion came betwixt five and six of the morning to the house where I then lodged in that hostile manner to apprehend me as by the sequel appeared But now to give an account of the particular circumstances attending that action may seem frivolous as to the Publick but in regard the Lieutenant Colonel was pleased so far to out-strip the the capacity of a Saint as to betake himself to the venomed Arrows of lying calumnies and reproaches to wound through my sides the too much forsaken cause of the poor oppressed people of this long wasted Common-wealth like as it hath been the practice of all perfidious Tyrants in all ages I shall therefore trouble the Reader with the rehearsall of all the the occurrant circumstances which attended his apprehension of me that the world may cleerly judge betwixt us And what I here deliver from my pen as touching this matter I do deliver it to be set upon the Record of my account as I will answer it at the dreadfull day of judgment when the secrets of all hearts shall be opened and every one receive according to his deeds done in the flesh and God so dead with me at that day as in this thing I speak the truth And if the rankorous spirits of men will not be satisfied therewith I have no more to say but this to commit my self to God in the joyful rest of a good conscience and not value what insatiable envie can suggest against me Thus then to the businesse it self In the House where I then lodged that night there lived three families one of the Gentlemen being my very good friend with whom all that night hee and I onely lay in bed together and his Wife and childe lay in another bed by themselves and when they knock'd at the door the Gentleman was up and ready and his Wife also for she rose before him and was suckling her childe and I was also up but was not completely drest And of this the Gentleman himself her Husband hath taken his oath before one of the Masters of the Chancery And we three were together in a Chamber discoursing he and I intending about our businesse immediately to go abroad and hearing them knock I said Yonder they are come for me Whereupon some books that lay upon the table in the room were thrown into the beds betwixt the sheets and the books were all the persons he found there in the beds except he took us for printed papers and then there were many and the Gentleman went down to go to the door and as soon as the books were cast a to-side I went to put on my boots and before the Gentleman could get down the stairs a girl of the house had opened the door and let them in and so meeting the Gentleman upon the stairs Axtel commanded some of the souldiers to seize upon him and take him into custodie and not suffer him to come up And I hearing a voice from below that one would speak with me I went to the chamber door it being open and immediatly appeared a Musketier Corporal Neaves as I take it and he asked me if my name were not Mr. Overton I answered it was Overton and so I sat me down upon the bed side to pull on my other boot as if I had but new risen the better to shelter the books and that Corporal was the first man that entered into the chamber and after him one or two more and then followed the Lieutenant Colonel and the Corporal told me I was the man they were come for and bade me make me ready and the Lieutenant Colonel when he came in asked me how I did and told me they would use me civilly and bid me put on my boots and I should have time enough to make me ready And immediately upon this the Lieutenant Colonel began to abuse me with scandalous language and asked me if the Gentlewoman who then sate suckling her childe were not one of my wives and averred that she and I lay together that night Then the Gentleman hearing his Wife call'd Whore and abused so shamefully got from the souldiers and ran up stairs and coming into the room where we were he taxed the Lieutenant Colonel for abusing of his Wife and me and told him that he and I lay together that night But the Lieutenant Colonel out of that little discretion he had about him took the Gentleman by the hand saying How dost thou brether Cuckcold using other shamefull ignorant and abusive language not worthy repeating Well upon this his attempt thus to make me his prisoner I demanded his Warrant and he shewed me a Warrant from the Councell of State with Mr. Bradshaw's hand to it and with the Broad Seal of England to it as he call'd it to apprehend Lieutenant Colonel Lilburn Mr. Walwine Mr. Prince and my self where-ever they could finde us And as soon as I was drest he commanded the Musketiers to take me away and as soon as I was down stairs he remanded me back again into the chamber where he took me and then told me he must search the house and commanded the trunks to be opened or they should be broken open and commanded one of the souldiers to search my pockets I demanded his Warrant for that He told me he had a Warrant I had seen it I answered That was for the apprehension of my person and bid him shew his Warrant for searching my pockets and the house and according to my best remembrance he replyed He should have a Warrant So little respect had he to Law Justice and Reason and vi armis right or wrong they fell to work inconsiderately devolving all law right and freedom betwixt man and man into their Sword for the consequence of it extend from one to all and his party farmed Horse and Foot joyned to his over-hairy exorbitant will was his irresistible Warrant And so they searched my pockets and took
as followeth THese are to will and require you to receive herewith into your Custody the Persons of Master Richard Overton and Master Thomas Prince and them safely to keep in your prison of the Tower of London until you receive further Order They being Committed to you upon suspition of High Treason of which you are not to fail and for which this shall be your Warrant Given at the Councel of State at Darby-House this Twentie eighth day of March 1649. Signed in the Name and by the Order of the Councel of State appointed by Authority of Parliament Jo. Bradshaw President To the Lievtenant of the Tower Thus all un-interested unprejudiced persons who measure things as they are in themselves having nothing in admiration with respect of persons who simply and sincerely mind the freedom and prosperity of the Common-wealth may clearly see as in a Glass by this tast of Aristocraticall Tyranny towards us a perfect and lively resemblance of the Councell of State Ex pede Leonem you may know a Lion by his foot or a Bear by his paw by this you may see their nature and kind what and from whence they are and whether they tend by this line you may measure the height depth and breath of their new Architecture of State and by making our case but yours you will find your selves new fettered in chaines such as never England knew or tasted before that you may truly if you will but measure it in the consequence thereof break forth and cry out Their little finger is thicker then our Fathers loines our Fathers made our yoke heavie but these adde unto our yoake our Fathers chastised us with whips but these chastise us with Scorpions Who would have thought in the daies of their glorious pretences for Freedom in the daies of their Engagements Declarations and Remonstrances while they were the hope of the oppressed the joy of the righteous and had the mighty confluence of all the afflicted and well-minded people of the Land about them I principally reflect upon the Victors of the times I say who would have thought to have heard seen or felt such things from their hands as we have done Who would have thought such glorious and hopefull beginnings should have vanished into Tyrannie Who would have thought to have seen those men end in the persecution and imprisonment of persons whom their own Consciences tell them to be men of known integritie to the Common-wealth and which is so evident and demonstrative that thousands in this Nation can bear Record thereof and that those men should be so devillish so tyrannicall and arbitrary as after their imprisonment to rake hell and skim the Devill to conjure out matter of Charge or accusation against them that they might have their blood as in our case they have done sending abroad their blood-hounds to search and pry out in every corner what could be made out against us going up and down like roaring Lions seeking how they might devour us one offering Mistris Prince her Husbands libertie and the 1000 l. they owe him if he will but discover what he knoweth as they are pleased to imagine against us and not onely so but some Members of the House as Mr. Kiffin confess'd in respect of himself negotiate with the principall Leaders of severall Congregations of religious people about the Town to promote a petition which was no other but in order to their bloudy designe against us that those conscientious people surprised by their fraudulent suggestions and craft might not truly understanding the business appear in the dis-ownment and discountenance of us and in the approbation and furtherance of the prosecuters of their bloudy Votes of High-Treason intentionally breathed out against us for could they by their delusions over-whelm us once in the odium of religious people with the venemous contagion of their malicious clamours bug-bears reproaches and lies beget us under the Anathema of the Churches then they think they may with ease and applause cut us off for that 's the venome lieth under the leafe how finely soever they zeal it over that so our friends and brethren thus surprised and overtaken may become our Butchers and think they do God and their Country good service while they slay us but let them beware how they contract the guilt of our bloud upon their heads for assuredly the bloud of the Innocent will be upon them and God will repay it I speak not this to beg their mercy I abhorre it I bid defiance to what all the men and divels in earth or hell can do against me in the discharge of my understanding and Conscience for the good of this Common-wealth for I know my Redeemer liveth and that after this life I shall be restored to life and Immortality and receive according to the innocency and uprightnesse of my heart Otherwise I tell you plainly I would not thus put my life and wel-being in jeopardie and expose my self to those extremities and necessities that I do I would creaturize be this or that or any thing else as were the times eat drink and take my pleasure turn Judas or any thing to flatter great men for promotion but blessed be the God of Heaven and Earth he hath given me a better heart and better understanding But to proceed That which is most to our astonishment we understand of a truth That Master Kiffin to whose Congregation my back-friend A●tel is a retainer Master Spilsbury Master Patience who vilified the Book intituled The Second Part of Englands New Chains and yet confest be never saw it or heard it read as by evidence can be made good Mr. Fountain Mr. Drapes Mr. RICHARDSON Mr. Couset Mr. Tomlins and Mr Wade the Schol-master became their Pursuevants or bloud-hounds to hunt us to the Bar of the House of Commons with a Petition most evidently and cleerly in pursuance of our bloud Intituled The humble Petition and Representation of the several Churches of God in London commonly though falsly called Anabaptists April 2. 1649. tacitely and curiously in a most Religious vail pointing at and reflecting upon us as Interrupters of the Setlement of the Libertie and Freedom of this Common-wealth headie high-minded unruly disobedient presumptuous self will'd contemners of Rulers Dignities and Civil Government whoremasters drunkares cheaters c. as if it were not with those men as with the Publican and Sinner dis-owning the Book intituled The Second Part c. which at that juncture of time all circumstances dulie weighed was an absolute justification of those Votes of High Treason and of prosecution against us as Traytors for the tendency of those Votes were vented at us and that their own knowledge and Consciences tels them to be true so that they could have done no more in Order to our bloud then what they did in that matter so as to ●and it of fairly and covertly preserving to themselves the reputation of the Churches of God and to adde unto their impiety against
power of armed men For Sir let me tell you The Law of England never made Colonels Lieu. Colonels Captains or Souldiers either Bayliffs Constables * See the Petition of Right in the C. R. and my Book called the Peoples Prerogative p. 67 68 69 70. or Justices of the Peace And I cannot but wonder that you should attach me in such a manner as you have done considering that I have all along adhered to the Interest of the Nation against the common enemy as you call them and never disputed nor contemned any Order of Summons from Parliament or the most irregularest of their Committees but alwaies came to them when they sent for me although their warrant of summons was never so illegal in the form of it and I have of late in a manner de die in diem waited at the House dore and was there that day the Votes you have read past till almost twelve a clock and I am sure there are some here present whose conscience I believe tells them they are very much concerned in the Book now before you that saw me at the dore and stared wishfully upon me as they went into the House and I cannot but wonder there could be no Civil Officer found to summon me to appear but that now when there is no visible hostile enemy in the Nation and all the Courts of Justice open that you that have no power at all over me must send for me by an hundred or two hundred armed Horse and Foot as though I were some monstrous man that with the breath of my mouth were able to destroy all the Civil Officers that should come to apprehend me Surely I had not endeavoured to fortifie my house against you neither had I betaken my self to a Castle or a defenced Garison in hostility against you that you need to send an hundred or two hundred armed men to force me out of my house from my wife and children by four or five a clock in the morning to the distracting and frighting of my wife and children Surely I cannot but look upon this irregular unjust and illegal hostile action of yours at one of the fruits and issues of your new created Tyranny to amuse and debase my spirit and the spirits of the People of this Free Nation to fit me and them for bondage and slavery And Sir give me leave further to tell you that for divers hundreds of men that have often bin in the field with their swords in their hands to encounter with hostile enemies and in their engagements have acquitted themselves like men of valour and come out of the field conquerors for these very men to put themselves in Martial Array against four Mise or Butterflyes and take them captives and as captives lead them through the streets me-thinks is no great victory and conquest for them but rather a diminution to their former Martial Atchievements and Trophies And therefore to conclude this I do here before you all prorest against your Power and Jurisdiction over me in the case in controversie And do also protest against your Warrant you issued 〈◊〉 to apprehend me And against all your martial and hostile acts committed towards me as illegal unjust and tyrannical and no way in Law to be justified Further telling you that I saw most of the Lord of Straffords arraignment and if my memory fail me not as little things as you have already done to me were by your selves laid to his charge as acts of Treason For which I saw him lose his head upon Tower-hill as a Traytor And I doubt not for all this that is done unto me but I shall live to see the Laws and Liberties of England firmly setled in despite of the present great opposers thereof and to their shame and confusion and so M. Bradshaw I have done with what I have now to say Vpon which M. Bradshaw replyed Lieut. Col. Lilburn you need not to have bin so earnest and have spent so much time in making an Apologetical defence for this Councel doth not go about to try you or challenge any jurisdiction to try you neither do we so much as ask you a question in order to your tryal and therefore you may correct your mistake in that particular Vnto which I said Sir by your favour if you challenge no Jurisdiction over me no not so much as in order to a tryal what do I here before you or what do you in speaking to me But Sir seing I am now here give me leave to say one word more and that is this I am not onely in time of peace the Courts of Justice being all open fetcht forc't out of my house by multitudes of armed men in an hostile manner carried as a captive up and down the streets contrary to all Law and Justice but I am by force of Arms still kept in their custody and it may be may be intended to be sent to them again who are no Guardians of the Laws of England no nor so much as the meanest Administrators or Executors of it but ought to be subject to it themselves and to the Administrators of it And truly Sir I had rather dy than basely betray my liberties into their Martial fingers who after their fighting for our Freedoms would now destroy them and tread them under their feet that have nothing at all to do with me nor any pretended or real civil offender in England I know not what you intend to do with me neither do I much care having learned long since to dy and rather for my Liberties than in my bed It s true I am at present in no capacity effectually to dispute your power because I am under Guards of armed muskettiers but I entreat you If you will continue me a prisoner that you will free me from the military Sword and send me to some Civil Goal and I will at present in peace and quietness obey your command and go And so I concluded and was commanded to with-draw which I did and then M. William Wallin was called in and while he was within I gave unto my comrades M. Prince and M. Overton and the rest of the people a summary account of what had past between me and them and within a little time after M. Walwin came ●ut again and M. Overton was called in next and at M. Walwins coming out he acquainted us what they said to him which was in a manner the same they said to me and all that he said to them was but this That he did not know why he was suspected To which M. Bradshaw replyed Is that all you have to say And M. Walwin answered yes So he vvas commanded to vvithdraw And after M. Overton vvas come out M. Prince vvas called in and after he had withdrawn they spent some time of debate among themselves and then I vvas called in again So I marched in sutable to my first posture and went close to M. Bradshaw who said unto me to