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A88195 An impeachment of high treason against Oliver Cromwel, and his son in law Henry Ireton Esquires, late Members of the late forcibly dissolved House of Commons, presented to publique view; by Lieutenant Colonel Iohn Lilburn close prisoner in the Tower of London, for his real, true and zealous affections to the liberties of his native country. In which following discourse or impeachment, he engageth upon his life, either upon the principles of law ... or upon the principles of Parliaments ancient proceedings, or upon the principles of reason ... before a legal magistracy, when there shal be one again in England ... to prove the said Oliver Cromwel guilty of the highest treason that ever was acted in England, and more deserving punishment and death then the 44 judges hanged for injustice by King Alfred before the Conquest; ... In which are also some hints of cautions to the Lord Fairfax, for absolutely breaking his solemn engagement with his souldiers, &c. to take head and to regain his lost credit in acting honestly in time to come; ... In which is also the authors late proposition sent to Mr Holland, June 26. 1649. to justifie and make good at his utmost hazard ... his late actions or writings in any or all his books. Lilburne, John, 1614?-1657. 1649 (1649) Wing L2116; Thomason E568_20; ESTC R204522 95,549 77

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the Nation In particular we earnestly intreat Fi●st that seeing we conceive this Honorable House intrusted by the People with all power to redresse our grievances and to provide security for our Freedoms by making or repealing laws Erecting or abolishing Courts displacing or placine Officers and the like and seeing upon this consideration we have often made our addresses to you and yet we are to depend for all our expected good upon the wills of others who have brought all our misery (g) (g) See the Kings Deccla of the 12 of Aug 1642. 1 part Book Dec. p. 522. 526 528 548. p. 617. 726 728. upon us that therefore in case this Honourable House will not or cannot according to their trust relieve and helpe us that it be cleerly declared that we may know to whom as the Supreame power we may make our present addresses before weperish or be enforced to flie to the Prime Laws of nature (h) (h) See 1 part book Dec. p. 44 150. 182. 426. 637. 690. for refuge 2. That as we conceive all Governours and Magistrates being the Ordinance h) h) See Col. Nath. Fienne's his Speech against the Bishops Canons made in 1640 in a book called Speeches and Passages of Parl. from 3. Novemb. 1640. to June 1641. p. 50 51. 52. of men before they be the Ordinance of God and no authority being of God approbationally but what is erected by the mutual consent of a People and seing this Honorable House alone represent or ought to represent the people of this Nation that therefore no person whatsoever be permitted to exercise any power or authority in this Nation who shall not cleerly and confessedly receive his power from this House and be always accountable for the discharge of his trust to the people in their representers in Parliament or otherwise that it be declared who they are which assume to themselves a Power according to their own wils and not received as a trust from the People that we may know to whose Wills we must be subject and under whom we must suffer such oppressions as they please without a possibility of Justice against them 3. That considering that all just power and Authority in this Nation which is not immediately derived from the people can be derived only from this honourable House and that the People are perpetually subject to Tyranny when the Jurisdiction of Courts and the power and Authority of Officers are not cleerly described and their bounds and limits (i) (i) See your Remonstance of the State of the Kingdom book Dec. p. 6. 8 15. See also the act made this Parliament that abolished the Star-chamber and High-Commission prefixed That therefore the Jurisdiction of every Court of Judicature and the power of every Officer or Minister of Justice with their bounds and limits be forthwith declared by this Honorable House and that it be enacted that the Judges of every Court which shall exceed its jurisdiction and every other Officer or Minister of Justice which shall intermeddle with matters not coming under his Cognisance shall incur the forfeiture of his and their whole estates and likewise That all unnecessary Courts may be forthwith abolished and that the publick Treasury out of which the Officers solely ought to be maintained (k) (k) See the statute of Westminst 1. made 3 Ed. 1 chap. 26. 20 Ed. 3.1 and the Judges Oath made in the 18. of Ed. 3. Ann. 1334. recorded in Pul●ons collections of Statutes fol. 144. may be put to the lesse charge 4. That whereas there are multitudes of complaints of Oppression by Committees of this House determining particular matters which properly appertains to the cognizance of the Ordinary Courts (l) (l) See the 29. c. of Mag. Charta Sir Ed. Cooks Exposition upon it in his 2 part Instit f. 46. to 57. and the Petit. of Right of Justice and whereas many persons of faithfull and publick spirits have been and are daily molested vexed imprisoned by such Committees sometimes for not answering Interrogatories and sometimes for other matters which are not in Law criminal and also without any legal Warrants expressing the cause and commanding the Jaylor safely to keep their bodies untill they be delivered by due course (m) (m) See the Petition of Right made in the 3 of the King and Sir Edward Cooks 2 part Institutes f. 52. 53. 315. 589. 590. 591. 615. 616. and 661. of Law And by these oppressions the persons and estates of many are wasted and destroyed That therefore henceforth no particular cause whether criminal or other which comes under the cognizance of the Ordinary Courts of Justice may be determined by this House or any Committe thereof or any other then by those Courts whose duty it is to execute such Laws as this Honourable House shall make and who are to be censured by this House in case of injustice Alwayes ex●epted matters relating to the late War for indemnity for our assisters and the exact observation of all Articles granted to the adverse (n) (n) See Psa 15.4 Exod. 5.3 Deu. 23.21.22 2 Sam. 21.5 6. Eccl 5.4 5. Party and that henceforth no person be molested or imprisoned by the will or arbitrary powers of any or for such matters as are not crimes (o) (o) See Rom. 4.15 according to Law And that all persons imprisoned at present for any such matters or without such legal Warrants as above-said upon what pretence or by what Authority soever may be forthwith released with due reparations See the Armies Book ofDeclar pag. 11 31. 32. 33. 34 45. 97. 5. That considering its a Badge of our sl●very to a Norman Conqueror to have our Laws in the French Tongue and it is little lesse then brutish vassalage to be bound to walk by Laws which the people (p) (p) See 36. E. 3. 15 1 Cor. 14.7 8 11 16 19 23. See also the English Chronicles in the Reign of Wil. conqueror cannot know that therefore all the Laws and Customs of this Realm be immediately written in our mother-Tongue (q) (q) See Exo 24.7 31.18 chap. 34. Deut. 30.12 13 14. 5.1 5 24 27 31. and 6.1 6 7 8. and 9.10 and 11.18 19.20 and 27.8 without any abbreviations of words and in the most known vulgar hand viz. Roman or Secretary and that Writs Processes and Enrolments be issued forth entred or inrolled in English and such manner of writing as aforesaid 6. That seeing in Magna Charta which is our native Right it is pronounced in the name of all Courts That we will sell to no man we will not deny or defer to do any man either Justice or Right notwithstanding we can obtain no Justice or Right neither from the common ordinary Courts or Judges nor yet from your own Committees though it be in case of indempnity for serving you without paying a dear price for it that therefore our native (r) (r)
refreshed considering so desperate things were charged upon me by the Priest So enquiring if any of them could tell me where Master Sergeant was I was answered He was with the Speaker and the Earl of Manchester in the Queens Court and going up thither to finde him I found him ready with his Mace to usher the Keepers of the Great Seal unto the Chancery Court So standing in their way as they were to come out I had a minde to face them to see how they would look upon me and after they passed by I could see the Speaker lay his head to the Earl of Manchesters Whereupon they both turned about and stared wishfully upon me and so did the three Judges that followed them which were if I mistake not Judg Rowls Judg Phesant and Baron Atkins and I looked as wishfully upon them with an undaunted countenance thereby demonstrating that unspotted Innocency cheared my heart and so down stairs they went and I followed them at their heels to the Chancery with an earnest desire to know the matter more fully of Master Sergeant and truly to know what their House had done upon it who within a little while coming out of the Court I had my opportunity to speak with who looked very strangely upon me as though I were now a destroyed man at which I smiled and told him If ever the House of Commons in their lives had true ground and cause to thank me for any service that ever I had done them with my tongue it was for that nights Discourse and my there pleading their Cause and Interest And much more Discourse to the same purpose as is before mentioned we had but I grated very much upon Master Speakers unjust and unrighteous dealing with me And I told him I conceived this was one of his new plots or the Earl of Manchesters For guilty conscienced men are always afraid of the shakings of an Aspine-leaf and would frame and contrive out of their own brains new plots and then themselves bring them to light as contrived against the State and Parliament That so they might thereby blast all sorts of men that were likely to pinch them And truely I told him they were to mine own knowledg very good at these tricks for I knew them both of old at which he was distasted and told me the House had taken off my former Order for my going abroad and had remanded me to the Tower again and had sent an Order to the Lieutenant of the Tower to morrow morning to bring me up to their Bat as a prisoner I told him it was but like all the rest of their just dealings towards me and in this I told him they cleerly demonstrated to the whole Kingdom That they had less Justice within their brests then was in the Heathen and Pagan Roman Judges that had nothing but the light of Nature to guide them in their judgment and yet would not condemn Paul before they heard him though his Adversaries laid greater things to his charge then all the men in England are able justly to pretend against me And as for my going again prisoner to the Tower I told him I would now never go upon the old score voluntary while my eyes were open And I further told him to this effect That if their hearts were not totally hardened and their souls scaled up to do wickedness for ever they would blush for shame so much as to talk of committing me to prison before now after above seven yeers waiting upon them they had done me some reasonable proportion of Justice but now again to commit me to prison after eleven or twelve yeers as heavy sufferings as ever Englishman that I read of endured to the exhausting me of all that ever I have in the world yea and more too by running into debt to buy me bread and to keep almost three thousand pounds of my Corn from me by force and violence and to commit me to prison again without any maner of provision in the world for me and mine to live upon after I have made so many mournful cryes and moans unto them What is this else but to be more cruel then the very Cannibals themselves who always feed fat those men that they intend to eat and devour and were it not more justice in them to cause their Guard of Halberders to knock my brains out and so put a period to my days and miseries then again to send me prisoner to the Tower either to be starved or eat the stone walls which is impossible For as the Spirit of God saith by Jeremy in his Lamentations Chap. 4.9 Better are they that die by the sword then they that be slain with hunger And he gives this Reason of it For the last pines away stricken through for want of the Fruits of the Field whereas he that is slain quickly endures little or no pain And how they can conceive in the eye of Reason laying all things together how I should thus long live and subsist without miracle especially contesting with all the great corrupt Interests of England who have scores and hundreds of mercinary pencionary emissaries in the City and Countrey with their lyes and falshoods to rob me of my Reputation and Credit and with their groundless reproaches to bespatter me and make me as black as a Chimny Sweeper and render me as a man not fit to live in civil or moral Society is beyond my Reason to apprehend My Prayer BUt O thou Just Righteous Powerful and Compassionate God that sensibly hath been my God and guide about these twise seven years that hast often refreshed my soul with those far and soul satisfying refreshments that hath made my heart sing and be merry in the midest of many deaths and which hast made me lightly esteeme the cruel malice of all my fierce and murdering Enemies O thou glorious God that hath taken me by the arme when I have been ready to fall and by whose power alone I have been kept upright before thee in the midst of many soul piercing temptations and by whose sweetnesse discovered unto my soul I have been drawn after thee with ready willingnesse of spirit though backwardnesse of flesh to follow thee whithersoever thou goest keep now for the glory of thy name-sake my heart sincere and upright before thee that I neither flag fall nor start aside like a broken bow but may stick close unto thee and to that justice and purity that shines gloriously in thee to the death O Thou compassionatest and sweetest God who in all the afflictions of thy people art afflicted with them and hast said thou hearest their cries and bottellest up their tears O now in the greatnesse of straits when my soul is indeavoured to be over-whelmed hear now in heaven the habitation of thy greatnesse and protect and deliver me from the cruell and bloudy rage of thy once SEEMING servant CROMWEL who if my soul is now able to judge is visibly become a