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A88219 London's liberty in chains discovered. And, published by Lieutenant Colonell John Lilburn, prisoner in the Tower of London, Octob. 1646.; London's liberty in chains discovered. Part 1 Lilburne, John, 1614?-1657.; Lilburne, Elizabeth. To the chosen and betrusted knights, citizens and burgesses, assembled in the high and supream court of Parliament.; England and Wales. Parliament. 1646 (1646) Wing L2139; Thomason E359_17; Thomason E359_18; ESTC R9983 57,117 77

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Franchises And that they namely the Commonalty have not onely liberty to chuse their Lord Maior and that not onely from amongst the Court of Aldermen but also if they please they may chuse a discreet man from amongst themselves And the Commonalty in every Ward upon a fixed day are inabled once every yeare to chuse an Alderman in every Ward with an expresse Prohibition that one man shall not be Alderman two yeares together And the Commonalty expresly have a power to chuse Chamberlaine common Sergeant Bridge-master c. and to whom alone they are to be accountable for the moneys in their offices received Now having brought this Discourse to this period it behoves me a little to Apologize for my selfe because I beleeve I shall have a whole sea of indignation to arise against me which I heere professe I feare not nor value if I may have faire play and have not my hands and feet bound and then challeng to fight and defend my self And truly I must say and that in the presence of God I have in the singlenesse of my heart without ends of my owne discharged my conscience the boylings of which I could not withstand being at the writing hereof in Jeremies case when he said pleading with God Thy word was in my heart as a burning fire shut up in my Bones and I was weary with forbearing and I could not stay Jer. 20.9 But yet because what-ever I meet with besides I perswade my selfe I am sure to meet with the revilings and reproches of the barking curs of the times such as S. Shipard c. who in my close captivity have nibbled at my heeles like brats of the old Serpent I shall therefore for my present apologie publish to the view of the world the dealings of Mr. Iohn White a Warder in the Tower with me who lately writ a most false and scandalous book against me with much importuning the Lieutenant of the Tower being prohibited Pen Ink and Paper I obtained leave from him upon certain conditions made with him to write an answer to it which was that I should not in the least meddle with his masters that committed me and to let him see it before it was printed which I performed But my Angatonist old Iohn White as it appears to me hearing the Answer was very plain and home English sent me a message by a Gentleman my fellow-prisoner That he desired to put the difference betwixt us to arbitration And I being a man of peace and willing to avoid jangling if it were possible upon agreement to compose it I did chuse two of my fellow prisoners strangers to me and men of opposite principles but knowing the Justice of my cause and being convinced of the morall Justice of the Gentlemen I chose Sir Lewis Dive and Sir William Morton and he chuse Sir John Strangewayes and Sir John Glanvill and the first day of the hearing of the businesse was before Col. Francis West Lieutenant of the Tower at his own house where we both referred our selves to stand to the finall award of our foresaid Arbitrators at which hearing they were pleased to give my Antagonist certain dayes time to procure Witnesses to prove the essentials of his Charge and he out-stripping the time and I lying under his publike disgrace and calumny I pressed them for a conclusion upon which they issued out this following Warrant WE whose names are subscribed Arbitrators indifferently chosen to end all differences betwixt Lieutenant-Colonell John Lilburn of the one party and Mr. John White one of the Warders of the Tower of the other party have appointed to morrow next at three of the clock in the afternoon at Mr. Lieutenants house in the said Tower further to hear and finally to determine the said differences whereof wee desire the said parties to take notice and then to be present with their Witnesses and all such proofe as they will use in the premises Given under our hands this 5. of October 1646. John Glanvill John Strangewayes Lewis Dive William Morton But the next day the Lieutenants office not permitting him to be present at the finall hearing we all met at Sergeant Glanvils Chamber where after a large and faire hearing they made this award under their hands and seales the Copy of which thus followeth TO all true Christian people to whom these presents indented shall come We Sir John Strangewayes Sir Lewis Dive Sir John Glanvill and Sir William Morton Knights Arbitrators heretofore that is to say upon the 26. day of Septemb. last past before the date hereof indifferently chosen by Lieutenant Col. John Lilburn of the one party and John White one of the Warders of the Tower of London of the other party for the ending of all differences and matters of controversie betwixt them having entred into the hearing of the said differences and matters of controversie upon the said 26. day of September and having upon the 6 day of this instant moneth of Octob. 1646. in the 22. Yeare of the Raigne of our Soveraign Lord King Charles fully heard the said differences and matters of controversie Doe find the same to be and arise by and upon the writing and publishing in print of a certain Book entituled John Whites Defence in behalf of himself c. against a lying and scandalous Pamphlet written by John Lilburn entituled Liberty vindicated against Slavery In the 7. p. of which Book to written and published by the said John White he intimateth That the said Lieut. Col. Lilburn was and is the Author of another scandalous Libell entituled An Alarum to the House of Lords and in a Postscript added to the same Book of the said John White pag. the 12 he alleadgeth the said Lieut. Col. John Lilburn to be the Author and contriver of a printed Letter annexed to the said Book or Treatise of Liberty vindicated against Slavery of which Letter hee rehearseth a passage reflecting in a scandalous way upon the honourable houses of Parliament Of which Book entituled John Whites Defence the said John White confesseth and acknowledgeth himself to be the Author and Publisher But the said Lieut. Col. Lilburn denied himself to be in any sort the Writer Contriver Author or publisher of the said other Books Treatise and Letter or of any of them or that he had any hand direction or approbation in or concerning the writing printing or publishing of the same or any of them And the said John White did not at our entring into the hearing of the said differences and matters of controversie nor at any time since produce or offer unto us any sufficient proofs by witnesses or otherwise Wherby it did or might appear unto us That the said Lieut. Col. Lilburn was the Writer Contriver Author or publisher of the said Bookes Letters and Treatise so by him denied as aforesaid or of any of them And the said John White being now offered further time to produce his witnesses or other good proofs which he had to
to get me my liberty For then all my friends and acquaintance would conclude that the Lords had set his Masters and him on to murder me as the Earle of Northampton and the Earle of Sommerset set Sir Gervis Elvis the Lieutenant of the Tower and Weston his servant to murder Sir Thomas Overbury in his imprisonment in the Tower of London for which act they were both deservedly and justly hanged which might hazard at the least either the pulling down or breaking open the prison to see what was become of me Therefore I wished him to be advised what he did for I assured him I would improve all the interest I had in the world to effect it For before I will be murdered I would sell my life at as deare a rate as it was possible for me to sell it at And at another time I turned him to the Parliaments Declaration 2 N. 1642. Book Declar. pag. 722.723 Where speaking of the difference betwixt the King and themselves in answer to something said by him about the interpretation of the Statute of 25. E. 3. that they would take away his power from him they demand a question How that doth appeare And they answer Because we say it is treason to destroy the Kingdome of England as well as the King of England and because we say that the King of England hath not a power to destroy the lawes and people of England And what is that interpretation of that Statute that no learned Lawyer will set his hand to That treason may be committed against the Kings Authority though not directed against his Person Doe there want say they presidents or Book-cases to make this good Or is it not that they cannot see wood for trees that look after presidents to prove this which at length is acknowledged in his Majesties Proclamation of the 18. of June Is it then that interpretation of the Statute that the raising of force in the maintenance of his Majesties Authority and of the Lawes against those that would destroy both it and them is no treason though such acts of traitors and rebels should be in pursuance of his Majesties personall commands and accompanied with his Presence And have we cited no presidents to this purpose What are those then of Alexander Archbishop of Yorke Robert de Veere Duke of Ireland and the rest in the time of Richard the second which we caused to be published whose levying of Forces against the authoriy of the Parliament and to put to death divers principall members of both Houses by the Kings expresse command which he promised to accompany with his presence was by two Acts of Parliament judged Treason And the Act of such levied forces to suppresse them was judged good service to the Common-wealth These presidents are said to be grounded upon repealed Statutes and wee have indeed heard it said so twice but wee never heard the Statute that repealed them cited once And whether the Parliament of the eleventh of Richard the second was a more forced Parliament then that of the twenty first of Richard the second which repealed the Acts thereof And whether that of the first of Henry the fourth which repealed that of the twenty first of Richard the second and all the acts thereof and revived that of the eleventh of Richard the second and all acts made therein was ever yet repealed And consequently whether those two acts of the eleventh of Richard the second and the first of Hen the fourth doe not still stand in force None that are acquainted with the Records and History of that time can deny or so much as doubt But doe we need Presidents in this case Is it not a known Rule in Law That the Kings illegall commands though accompanied with his presence doe not excuse those that obey him And how then say they shall it excuse Rebels and Traytors and how shall it hinder the Kings Courts and Ministers to proceed against them judicially if they submit or by force if they make opposition with force If the King might controll all the Courts in Westminster Hall and the High Court of Parliament it selfe and make it good by force what were become of the known legall government of this Kingdome or what a Jewell had we of the Law or what benefit of being Governed according to Law if all Lawes might by force be overthrown and by force might not be upheld and maintained Now Mr. Brisco said I if the Kings commands and power cannot overthrow the Law much lesse can the Lords commands who are farre inferiour in power unto him their absolute earthly Creator and Master from whom they have derived all that they have and therefore cannot be above him For it is a maxime in Nature and Reason That there is no Being beyond the power of Being And another Maxime it is That every like begets its like but not more And therefore impossible it is that their power should be above the power of their begetter or Improver the King Again Mr. Brisco said I if here by the confession of the Lords themselves for they joyned in the making of this very Declaration it be a known Rule in Law That the Kings illegall commands though accompanied with his presence doe not excuse those that obey him then much lesse are you your Master Wollaston nor his Masters the Sheriffes of London excusable for executing the Lords illegall and barbarous Warrants and Orders upon me which they doe not accompany with their presence to see put in execution Therefore Mr. Brisco assure your selfe that if I live I will turn all the stones in England that possibly I can turne but I will have justice satisfaction and reparations from you and all your masters for executing the Lords illegall Orders and Commands upon me At which hee told me he and his Masters were Officers and must execute the commands the Lords gave them without the disputing the illegality of them Wel then said I by the same Rule if the Lords who have no legall authority over me send you a Warrant to hang strangle or stab me or cut off my head in prison although I have had no legall triall according to the Law of the Land you will put it in execution And as well said I may you doe that as to doe to me as you have done and besides I know no Ground they had to receive mee a prisoner upon the Lords Warrant at all especially considering according to Magna Charta the Petition of Right c. none of their Warrants of commitments of me have either legall beginning or legall conclusions And excellent to this purpose are those Golden expressions of the most worthy Lawyer Sir Edward Cook in his exposition of the 29. chap. of Magna Charta in his 2. Part. Instit fol. 52. Where expounding what is meant by per legem terrae that is the law of the land having spoken of divers things he comes to speak of Commitments and saith Now seeing no man
insist upon for the making good of the severall Imputations in and by his the said John Whites book laid and fixed upon the said Lieut. Col. Lilburn He the said Iohn White absolutely refused to take any further time in that behalf expresly saying hee would travell no more in it We the said Arbitrators upon due consideration of the whole premises aforesaid a●e c●eer of opinion That the said Iohn White as the ca●e hath been is represented appearing before us had no sufficient ground to write print or publish That the said Lieut. Col. Lilburn was the Writer or Author of the said Bookes Treatise and Letter or any of them But that the said Iohn White in and by his writing p●inting and publishing of his said Book entituled Iohn Whites Defence c. in manner and form as aforesaid hath unjustly scandalized the said L. Col. ●ohn ●ilburn And thefore we the said Arbitrat●●s do most unanimously ●ward That the said Iohn White shall before the 10. day of this instant moneth of October make a publike acknowledgment before Col. Francis West Lieutenant of the said Tower of London at his the said Lieutenants house in the said Tower That he the said Iohn White hath done the said Lieut. Col. Iohn Lilburn wrong and shal make and pronounce the said acknowledgment in these words following That is to say I Iohn White one of the Warders of the Tower of London Do acknowledge that I have unjustly wronged Lieutenant Col. I. Lilburn in and by my writing and publishing in print in such sort as I did That he was the Writer Author or Contriver of a Book called Liberty vindicated against Slavery And of a Printed Letter thereunto annexed And of a Booke called An Alarum to the House of Lords For all which and for all the unjust and scandalous matters and language alleadged and used by me in my said Booke reflecting upon the said Lieutenant Col. Lilburn I am heartily sorry We the said Arbitrators doe also award That after the said Iohn VVhite hath so made and pronounced the said acknowledgment before the said Mr. Lieutenant Hee the said Iohn White shall then deliver his said acknowledgment in writing subscribed by him the said Iohn VVhite into the custody of the said Lieutenant Colonell Iohn Lilburn to be by him kept and disposed of for his better vindication against the said scandals said upon him by the said Iohn White in his the said Iohn VVhites said Book Lastly we the said Arbitrators do award That this our award shall be a finall end of all differences and matters of controversie whatsoever betwixt the said Lieut. Col. I. Lilburn and the said Iohn White to us or to our award in any wise submitted by the said parties from the beginning of the world unto the day of their said submission to our award so farre as the same doth or may concern the said parties or either of them in their particulars and that the said parties from henceforth shall continue lovers and friends without any repetition of former injuries on either part And for the better clearing of the said Iohn White in his credit touching some rumours of couzenage and perjury by him supposed to be committed or touching his being forsworn lately scattered abroad to his discredit We the said Arbitrators do unanimously declare that we have not found any colour much lesse any just ground to fix upon the said Iohn VVhite any suspition of or for the same or any part thereof But doe thereof in our opinions absolutely cleer him Given under our hands and seales the 7. day of Octob. aforesaid 1646. John Strangwaies Lewis Dives John Glanvill William Morton But the Lieutenant not being willing for causes best knowne to himself that the submission or recantation should be made before or in his presence it was done at Lir John Glanvils chamber the Copy of which thus followeth I John White one of the Warders of the Tower of London Doe acknowledge that I have unjustly wronged Lieut. Col. Iohn Lilburn in and by my writing and publishing in print in such sort as I did that he was the Writer Author or Contriver of a Booke called Liberty vindicated against Slavery and of a Printed Letter thereunto annexed and of a Book or Treatise called An Alarum to the House of Lords For all which and for the unjust and scandalous matters and language alleadged and used by me in my said Book reflecting upon the said Lieut. Col. Lilburn I am heartily sorry and in testimony thereof I have hereunto subscribed my hand the 8. day of October 1646. JOHN WHITE Subscribed pronounced and accepted the 9. day of Octob. 1646 in the presence of us Knights John Strangwaies Lewis Dive Iohn Glanvill William Morton Henry Vaughan Christopher Comport Warder in the Tower And now to conclude at the present because there is not any discourse of mine own abroad in Prin● since I was first locked up so close as I was by the Lords in Newgate by way of Narrative to state my case to the world I shall it may bee informe and silence many mens rash censures by inserting first my Wifes late Petition to the House of Commons and because by a Gentleman of the Committee to whom my cause was referred it was judged a D●claration rather then a Petition and so unfit to be insisted upon any further after once reading there although I am not apt to think if I had been a man accustomed to write Letters to my Lord Cottington when he was at Oxford at that time when by Ordinance of Parliament it was little lesse then death so to doe her Petition and my cause would have found more favour from that Gentleman then they did whose cavels necessitated me to send a Petition of my own to the same Committee which I sha●l also insert But first of all my wifes Petition thus followeth To the Chosen and betrusted Knights Citizens and Burgesses assembled in the high and supream Court of PARLIAMENT The Humble Petition of ELIZABETH LILBURNE wife to Lieu. Col. JOHN LILBURNE who hath been for above eleven weeks by-past most unjustly divorced from him by the House of Lords and their tyrannicall Officers against the Law of GOD and as she conceives the law of the Land Sheweth THat you only and alone are chosen by the Commons of England to maintain their Lawes and Liberties and to do them justice and right a a Coll. of decl pag. 264. 336. 382 508 613. 705. 711. 716 721 724 725 726 729. 730. which you have often before God and the World sworn to do b b Coll. decl page ●6● 6●● protestation ● and covena●● yea and in divers of your Declarations declared it is your duty in regard of the trust reposed in you so to doe c c Coll. decl pag. 81● 17● 262 266 267 340 459. 462 471 473 5●● 690. without any private aimes personall respects or passions whatsoever d d Col. declar p. 464 490