warrant illegall And after a long and sound debate of the businesse it was thus unanimously resolved in the Commons House 3 April 4. Car. Regis and afterwards A Conference had by a Committee oâ—â—oth Houses concerning the Rights and Priviledges of the Subject 3 April 4 Car. printed 1642. p. 66. consented to by the Lords 1. Resolved upon the Question That no Free-man ought to be detained or kept in prison or otherwise restrained by the Command of the King or the Privy Councell or any other unlesse some cause of the commitment detainer or restraint bee expressed for which by Law he ought to bee committed deteined or restrained 2. That the Writ of Habeas corpus may not be delayed but ought to bee granted to every man that is committed or deteined in prison or otherwise restrained though it be by the Command of the King the Privy Councell or any other he praying the same 3. That if a Free-man be committed or detained in prison or otherwise restrained by the Command of the King and Privy Councell or any other no cause of such commitment detainer or restraint being expressed for which by Law he ought to be committed deteined or restrained and the same to be returned upon a Habeas Corpus granted for the said party then he ought to be delivered or bayled These Votes and the Lords concurrence with them begat the Petition of Right after many dayes debate which thus states the Subjects grievance in this particular First it recites Magna Charta c. 29. and 28. of Ed. 3. That no Free-man should be taken or imprisoned without being brought to answer by due processe of Law and then proceeds thus Neverthelesse against the Tenor of the said Statutes and other the good Laws and Statutes of your Realme to that end provided divers of your Subjects have of late been imprisoned without any cause shewed And when for their deliverance they were brought before your Justices by your Majesties Writs of Habeas corpus there to undergoe and receive as the Court should order and their keepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Majesties speciall Command signified by the Lords of your Privy Councell and yet were returned back to severall prisons without being charged with any thing to which they might make answer according to the Law Whereupon they pray in this Petition That no Free-man in any such manner as is before mentioned be imprisoned or detained To which the King subscribed this Answer Let Right be done as is desired Now what is this to Lilburns case Who was not now committed to prison by the Committee without any cause expressed but only sent for in custody to come before the Committee as these Gentlemen were sent for by Pursevants to come before the Privy Councell to answer to such things as should be objected against them which sending for was never so much as once complained of in Parliament as a breach of the Great Charter or Subjects Rights but admitted to be legall Had the Parliament or Committee sent Lilburne then to Newgate without expressing any cause of his commitment in the warrant and he had brought a Habeas corpus in the Kings Bench to be bayled as these Gentlemen did and then no cause of his commitment or detainer had been returned but only the Committees pleasure if thereupon hee had been remanded perchance then he might have had some colour to complaine of injustice and breach of Magna Charta and the Petition of Right But the Committee not so much as then proceeding against him so farre as to commit him but only sending for him in custody and permitting him to goe at large upon his appearance without baile only upon his bare word to attend them when he should be summoned how this can be brought within the compasse of Magna Charta or the Petition of Right as a breach of both or either transcends my understanding and all other Lawyers but himselfe I am credibly informed that this upstart monstrous Lawyer since he was called to the Barre at Newgate where he now practiseth hath the Book of Statutes there lying open before him which he reads and interprets to all the poore ignorant people that visit him telling them that he will in a few dayes make them understand the Lawes and Statutes of the Realme as exactly as any Lawyer in the Kingdome Belike he keeps now his Reading in that Inne of Court and will be a Serjeant at Law or a Iudge very shortly since he hath commenced a Reader of Law in so short a space But I shall beseech his Readership to resolve this Mootpoint against what clause of Magna Charta and the Petition of Right his sending for in custody by the Committee of Examinations is and what coherence there is in this his Argument No man ought to be detained or kept in prison upon a Habeas corpus returned in the Kings Bench unlesse some legall cause of his commitment be returned upon the Writ because it is contrary to Magna Charta and so resolved in the Petition of Right Ergo the Committee of Examinations in sending for John Lilburne in custody to examine him for his printing divulging Libels contrary to the Common Statute Law and Ordinances of Parliament without any commitment of him or any Habeas corpus brought or returned is contrary to Magna Charta and so resolved in the Petition of Right When all the wise men of Gotham Colledge can make this argument Sense or Reason it may passe for Law among the vulgar Separatists till then it deserves no other censure but this that it is only John Lilburns Newgate Law Yea but he hath something more to say against the Commons House though not against the Committee of Examinations in this point which is contrary Object as he conceives and it is but his conceit to the true intent of Magna Charta And what is that forsooth he was by the forementioned Vote of the House of Commons on the 19 Iuly 1645. upon Dr Bastwicks Paper only which the Doctor hath sufficiently cleaâ—ed to bee a meere Lye and slandâ—r to defame him ordered to be forthwith taken into custody by the Serjeant at Armes attending that House and so kept till the House took further order by meanes of which Vote he was committed to prison to his custody only before he was ever heard speak This forsooth is the grand breach of Magna Charta so much declaimed against in his Letter to a Friend and since seconded in another most seditious printed paper entituled The Copy of a Letter from an Utter Barrister to his speciall friend concerning Lievtenant Colonell Lilburnes Imprisonment there justified to be illegall and against Magna Charta I answer and averre that this Commitment of his by the House of Commons was most just and necessary if the occasion and ground of it be considered Answ Iohn Lilburne had that very
day publiquely reported to Independent Hawkins and others at Westminster divers groundlesse scandalous malicious Reports amounting to no lesse then High Treason concerning Mr Speaker and other members of the House of Commons in a libellous illegall scandalous seditious way of purpose to defame and stirre up the people against them and the House of Commons whose destruction by sorce and violence he or his confederates had then been plotting and since pursued in sundry private meetings which being done without any ground proofe or legall way of accusation the House being informed of it that Evening when they had sate all day and had no time to examine Lilburne touching it that night did for this false Rumour spread by him in such sort contrary to the forementioned Statutes and the Liberties and Priviledges of Parliament only Vote That the Sergeant at Armes belonging to the House should apprehend and take him into custody till further order taken by the House for examination of the businesse Which Order is no judiciall Imprisonment or Commitment contrary to Magna Charta or the Petition of Right but a meere Processe or Attachment to apprehend and bring him to examination Of which there are thousands of presidents in both Houses in this and former Parliaments as well in the case of the members themselves when informed or complained against as of others and no more then all Courts of Iustice do and ever have done before and since Magna Charta who grant out writs to arrest men upon Actions of Debt Trespasse and the like before ever they heare the parties and that which every Magistrate Iustice of Peace and Subcommittee daily do without exception who make out warrants to attatch and bring Delinquents before them upon meere informations before ever they heare them speak For how I pray should they heare them speak before they bee sent for and if no warrant or processe should bee granted by the Houses Committees Courts of Iustice Officers Iudges Iustices against any till they were first heard speak then no man ever would or could appeare before them for this would be to hear men first and then to summon them that they might be heard when as they must first be summoned and then heard the processe ever necessarily preceding the hearing See then the sottishnesse and folly of this grand Ignoramus who complaines of a breach of Magna Charta only because he was not heard in the House before they voted him to be apprehended and sent for by the House which had no cause to send for him to hear him speak if he had bin heard before he was sent for he might have as justly complained against his own mother that she did not heare him cry before he was born or against his father for not binding him an Apprentice in London before he sent him up thither that he might be bound as against the Parliament for not hearing him speak before they voted him to be sent for or attached by the Sergeant at Armes Priâ—hee Iohn Lilburn to use but thy own instances did ever Straford or the Archbishop of Canterbury complaine of the breach of Magna Charta because they were accused by the Commons of High Treason and committed upon their Accusation before ever they acquainted them with thâ—ir Charge or heard them speak Or if Newgate examples like thee better did ever any Horse-stealer Theefe or Felon in Newgate complain that Magna Charta was violated the Petition of Right infringed because he was apprehended by a Constable by warrant from the Iustice before ever hee was brought before him or he heard him speak or because he was not arraigned at the Barre and there heard and tried before he was indited Silly Iohn if this be all thy Law and Reason there is no man in his right senses but will judge thee fitter for Bedlam then Newgate and think thy overmuch Learning in the Law hath made thee madde or lunatick And if the Sergeants keeping thee in his custody till the House or Committee had leisure to examine and heare thee speak for thy selfe be a breach of Magna Charta and the Petition of Right then Straford Canterbury might as justly have complained of this injustice as thee for that they were detained prisoners till they were brought unto their Trials to prevent escapes and all thy fellow prisoners in Newgate may as justly complain for being there detained till their trials Wherefore Iohn if I may advise thee as thy old Friend and Councell never meddle any more with matters concerning Law untill thou hast studied thy selfe and it a little better especially so farre as to cast durt with it into the Parliaments face and charge them with injustice tyranny or proceeding against Law and Magna Charta their imprisonment of thee in this nature upon this occasion being by the lawfull judgement of thy peeres and by the Law of the Land as well as by the Law and Custome of Parliament which neither is nor ought to be alwayes bounded by Magna Charta especially in extraordinary cases as we see by sundry particulars in these extraordinary times of warre and danger having power to repeal old Lawes to enact new ones if they see occasion and to inflict new punishments upon new crimes and offences not heard of in former ages of which nature thy Libels and Invectives against them seem to be though the Parliament and Committee in their proceedings against thee and them have gone on in the old way of Law and justice in all particulars to the last of which I shall next proceed And that is to prove in the third place That the Committee of Examinations examination of thee by order of the House concerning thy false Reports of Mr Speaker and other members and thy printed Libell against the Parliament and them entituled A Copy of a Letter to a friend and their commitment of thee to Newgate for refusing to be examined and the House of Commons Vote in prosecution of it were legall and just agreeable not contrary to Magna Charta and the Petition of Right Had Poore Iohn but Law enough to qualify him to be the meanest Iustice of Peace his Clark or some Recorders or Clark of the Assizes his Clarkes Clark he might have known that by the Law of the Land every Iustice of Peace every day doth may and ought to examine every Traytor and Felon that is brought before him concerning the Treasons and Felonies that are layd to their charge that those examinations so taken usually are and ought to be returned to the Assizes Sessions and there openly read and given in evidencé many times against them to the Iury even in these capitall causes And if they refuse to be examined it is held a contempt against Law and the ordinary course of justice and when they are indited arraigned at the Bar the Iudges and Iustices demand of them when the inditement is read Whether they are guilty or not guilty and if they refuse to answer
would be to the Parliament and what cause of clamours and just exceptions it would give to the Kings Malignant party to exclaim against them if they upon the information of those false Coyners who were Traitors by Law and had relapsed into this offence after a Pardon and now fled from thence to escape the hands of Iustice should thus be sent over thither by the Parliaments Authority as their Agents to apprehend Sir Philip the Governour a man of honour and credit who had formerly saved them from the Gallows and did now but his duty in prosecuting them and craved my advice therein before their arrivall here and bring him prisoner over hither who had just cause to apprehend and hang them there That this would be such an Act of indiscretion and injustice as would open the mouthes of all the world against them and alienate the heart of Sir Philip the whole Island and all good men from them And thereupon I desired them to take some course to call in their Warrant which they thought very just and desired my assistance therein whereupon I imployed one to finde out their lodgings which he did at last informing me withall that they were full of money and that Maximilian had offered a small Ingot of gold to sell whereupon I conceiving they had here set up their Coyning trade for which they fled from Jersey procured a Warrant from Iustice Hooker to apprehend their persons and search their lodgings for suspition of Coyning which was delivered to one Master Stone a Constable in Saint Clements who coming early in the morning to their lodging and standing at their Chamber door heard them telling mony on the Table which he conceived to amount to five or six pounds at least by the noise it made after which he knocking at the door and demanding them to open it they suspecting by his words and carriage he was some Officer refused to do it stood upon their guard and Maximillian offered to escape forth out of a Garret window and after that at a back door but at last they were both apprehended and searched but no money could be found about them except three or four pieces of French and Spanish Coyn not amounting to above five or six shillings But in Maximilians Trunk there was found a plate and mould to coyne with which himself bespoke about a month before of a Smith neer Charing Crosse bringing him the pattern in paper pretending it was an instrument which he must use in the Army wherein he pretended he was to be a Trooper together with powder to cast gold and silver mettle in and Alchimy Salts to colour their false silver with in the chamber over theirs there was found about a pound or two of their false mettle hid under the mats in a corner some in the lump not sophisticated some in small pieces newly melted and so cunningly sophisticated with Alchimy ingredients that it shewed like silver and would indure the Test insomuch that the Goldsmiths themselves could not discern whether it was sophisticated or not till Sir John Wollastons servants melted it down and then there was not one grain of silver in it being the most artificiall counterfeiting of silver without any mixture of it that they ever saw Vpon these pregnant evidences of their guiltinesse of coyning false money here seconded with their reall guilt of it in Iersey whence they so lately fled They were examined by Iustice Shepherd where Maximillian confessing his having the Ingot of gold which he tendred to sale and being examined what he had done therewith First he said he had given it away but to whom he knew not then that he had exchanged it for some Commodities he wanted but when where and with whom he exchanged it he knew not afterwards he said he had delivered it to a Master of a Ship and being taken tardy in that his last envasion was that he had sent it to Saint Malâ—es in France Vpon all these circumstances they were both committed Prisoners to the Gate-house there being nothing wanting fully to convict them but only some of their false Coyne which they conveyed away in such sort that no piece of it could be found though the Constable heard them telling it as he conceived After which they were examined by Sir Robert Harles Master of the Mint who took away the Warrant they had from the close Committee to apprehend Sir Philip which Maximillian carried about him in a little box Not long after this these two Coyners lying prisoners in the Gate-house procured some Iersey Anabaptists and other of Sir Philips adversaries to informe some Members of the House of Commons that these two Coyners were very honest men who came purposely from Iersey to complain of Sir Philip to the Parliament for his Malignity and great oppressions and that by a meer plot and combination of some Malignants and friends of Sir Philips their lodgings were searched and they committed by Iustice Hooker and Iustice Shepherd to the Gate-house of purpose to take them off from prosecuting Sir Philip who was a great Royalist and notorious Enemy to the Parliament and would keep the Island only for the King they having complained against him and one or two of his Agents here that were in custody to the Committee of Examinations Vpon which mis-information both the Iustices and Constable were sent for to that Committee to be examined touching this practise who acquainting me therewith I accompanied them thither and hearing them begin to examine Iustice Shepherd in a criminall way upon the pretended plot against these Coyners I the reupon took all the businesse on my self that the Iustices and Constable did what they had done upon my information being meer strangers to Sir Philip and the Prisoners acquainted them with all the premises produced Sir Philips Letters the Mettle Mould and other particulars to make them good informing how they had abused the close Committee and this Committee too through their mis-informations and what a dishonour it would be to countenance or imploy such villains whom they should either hang here or send over thither in a way of Iustice to be executed desiring them to take some course to punish those who did thus mis-informe and abuse them neither of them daring to appear to make good what they suggested Whereupon the Iustices were dismisled these Coyners remanded to the Gate-house and Ordered to be proceeded against at the Sessions Whilest these things were in agitation about the time of these Coyners first arrivall in England Sir Philip assembled the Estates of Iersey together in nature of a Parliament where he and the States in name of the whole Island framed and joyned together in two Petitions the one to the King the other to the Parliament to this effect That they were deeply affected with the dissentions and civill Wars in England between the King and Parliament that they feared the like distractions there unlesse timely prevented by their wisdoms and care
Priviledges of the Subject and learned of the Spanish Inquisition and against the Ordinance for payment of Tythes which he tells the Parliament is A CONTRADICTION TO THEIR COVENANT charging them thereby with no lesse then Perjury which Letter before I had leisure fully to peruse he published in Print without any License to the great scand all both of the Synode Parliament and their proceedings whereupon it was about 2. daies after complained of and some clauses therof read in the Commons House and thereupon this Order made and entred in the Commons Iournall Janu. 17. 1644. Ordered that the consideration of a Letter Printed under the name of John Lilburne be referred to the Examination and Inquirie of the Committee of Examinations and it is further referred to that Committee to summon the said John Lilburne and to examine him upon the writing Printing and publishing of the said Letter and to report the state of the whole businesse to the House The Committee is further to send for the Company of Stationers and toknow of them by whose default it happens that such scurrilous libellous and seditious Pamphlets are every day Printed and published they undertaking at the passing of their Ordinance to prevent all these Inconveniences that formerly grew by the licentiousnesse of the Presse and to enjoyn them to be more diligent in suppressing such licentiousnesse and to acquaint them that the House doth expect a better account of their Proceedings herein hereafter Immediatly after this Order made Iohn Lilburne was casually run into the eye with the head of a Pike about Moore-fields which for a time endangered both the losse of his life and eye too whereupon the prosecution of this Order was suspended No sooner was he recovered but he caused sundry false and scandalous Articles to be Printed against Collonel Edward King under whom he served for a time in Lincolnshiere till this Colonell committed and cashier'd him for his seditious and Schismaticall carâ—iage and bitter invectives against the Church and Ministers of England in the Country and Army which Articles he caused to be Printed and dispersed through London and Lincolnshire to defame this well-deserving Gentleman who hath adventured his life and spent his estate in his Countries Service No sooner had he Printed and vented these Libellous Articles here but he poasted into Lincolnshire to disperse them there In the meane time the Printer with one or two of the underhand dispensers of these libellous Articles being apprehended confessed that Lylburne gave order to Print them undertooke the payment of the Printer and had or was to have 200. Copies of them for himselfe to disperse privately among his friends In May following this Libeller returning to London conscious to himselfe of his guilt and of the Injury he had done the Parliament Assembly and my self in his forementioned published Letter declined the meeting of me face to face ever turning aside when as he came neere me Which I oft observing he one day met me full butt neere the lower end of Westminster Hall ere he espide me and then turned his back suddenly upon me to avoid me Whereupon I presently accosting him spake to him with all mildnesse to this effect Lieutenant Colonell Lilburne I am very sorry that you have so farre forgotten your duty to the Parliament as without any cause on their parts who have purchased your liberty and saved your life of Late to Libell against their Ordinances Proceedings and charge them with no lesse then breach of their Covenant to revile the Synod assembled by their Authoritie which never gave you any offence and so farre transgressed the Laws of friendship and Christianity towards me your ancient Friend as to raile against and slander me in Print in such a reproachfull unchristian manner as you have when as I have done you many Courtesies but never offered you the smallest Injury in word or deed I hope by this time you have seriously considered these Injuries of which the House of Commons hath taken speciall notice and I shall next desire you in a friendly Christian way to give some satisfaction to the House and my selfe for the Indignities done us by your Libellous Letter which had you not published in Print before I had leisure to peruse I had been silent But instead of giving an ingenuous answer to this just request he fell into an angry fit Using many unsitting insolent words to me in the open Hall and to shew his Billings-gate education among other uncivill speeches said A turd in your teeth if you were out of the Hall I would teach you to lay your hand on mine when as I onely touched his hand in a familiar manner with my finger using divers other harsh threatning words no waies beseeming him or me Wherupon I returned him this answer Sir I perceive you a man of such a fiery temper that there is no discoursing with you in any private loving way and therefore since you are so cholericke and refractory I hope you will not take it ill if you be called to an account for this your Letter in an other place before your betters according to a Vote already passed in Parliament where I presume you will remember your selfe better and not be so rude as now you are To which he replied to this effect Do what you dare against me I shall justifie my doings in any place Whereupon I answered That if this were his resolution he should shortly answer his Letter before the Committee of Examinations to which the House had referred it And so wee parted This Committee being soone after informed that Lilburne was returned to London on the 16 of May made a Warrant onely to Summon him to appeare before them the next day at two of the clock concerning the Printing and publishing of his Libellous Letter without any Licence contrary to an Ordinance of Parliament Upon which Summons he appearing May 17. confessed upon his Examination that he did write this Letter the originall whereof was produced under his hand that he not receiving an answer to it in three or foure daies space did thereupon cause it to be Printed without License But refused to declare the Printers name that Printed it Mr. Prynne being then present at his Examination informed the Committee That he did not desire to prosecute the businesse against him with rigour but only to make him confesse his Injuries to the Parliament and Assembly and crave pardon for them which if he would there doe he would freely remit all personall scandals and injuries done by him to himselfe desiring onely his reformation not his ruine or vexation Whereupon Lilburne desired this favour from the Committee That he might set downe his own Answer in writing touching the Printing and contents of his Letter and that if he might have coâ—â—â—â—ient time to doe it he would deliver it in under his hand at the time appointed Wâ—iâ—h the Committee out of their clemency freely granted though I beleeve they never
examined before they ever acquaint them with their Accuser or Accusation or heare them speake one word in their own behalfe yet none ever deemed these ordinary proceedings of theirs either Arbitrary Tyrannicall or Illegall contrary to Magna Charta or the Subjects Liberties but most iust And shall not the Parliament the supremest Court have as great a liberty and power thus to summon and attach men upon informations against them onely to answer their Accusations when ripe for Examination as the meanest Iustice of the Peace doth dayly exâ—rcise without exceptions How many thousands have the Lord Mayor of London the Courts of Guard and Committee of Examinations sent sor attached and restrained thus for a short space of their liberty till they could be examined before ever they knew their Accuser or Accusaton or could be brought to publike examination and yet not one of them ever made such an horrid outcry against the Legality of their proceedings as this Ignoramus who understands the Law and Magna Charta no more then a Iack-daw as one once said of a doting Lawyer But to proceed to his other falsehoods Page 7. he writes That during his imprisonment at Oxford he was ruined in his estate to the value of six or seven hundred pounds which he left behind him at LondoÌ„ which he can clearly make appeare Which he likewise recites in two other printed papers This certainly is as grosse a lye as any of the former For his best and neerest friends will attest he was never worth halfe so much and the maine reason why he left the City and went into the Parliaments Forces was not so much for any good affection to the Parliaments cause as to protect himselfe against his Creditors arrests for these many debts which he incurred by renting of a Brew-house which both himself and his Father oft times told me when they repaired to me for advice in Law concerning it had quite undone and broke both himselfe and his friends who stood ingaged for him And this Libeller himself Pag. 5. insinuates as much complaining for want of recompence for his imprisonment TO PAY HIS DEBTS and buy him and his bread So that he was as much or more beholing to the Parliaments Service for protecting him from the arrests and executions of his Creditors as they were to him for any of his good services the praise whereof he hath now utterly lost and blemished by his evill Libellous and Seditious attempts against them Pag. 16. He most scandalously and falsely avers That many of the House of Commons tooke to themselves 3. l. 10. s. a weeke and some of them more and others of them great places worth 500 l. 1000 l. 1500 l. 2000 l. and more per annum and live in as great pompe superfluity and bravery as ever they did in their daies by the ruine of the Common-wealth when as thousands who have spent all they have in the world and done the Kingdome good service have not a bitt of bread to put in their mouthes c. This is a most notorious Lye the Lords and Commons having removed all their Members by a speciall Ordinance from all the Offices conferred on them by the Parliament though well deserving and fit to mannage them And when this slanderer shall make good this false charge by sufficient witnesses against any particular Members guilty of it he shall receive a fuller answer Page 5. He complaines that the Parliament and House of Commons who formerly owned him having served their turnes of him hee could never have Justice from them though he hath been as faithfull a friend to the Common-wealth as ever any they imployed And whereas Magna Charta saith Justice and Right we will deny to none we will deferre to none yet have I waited these foure yeares upon them at great expences and cannot get them to put their Votes in execution And now of late I have followed them about this six moneths to the expence of about 100 l. to get a Petition read that I might have justice and reparation but have been denied Justice and Right and could not get my Petition read which he ingeminates inculcates in sundry other pages To which I answer that it appeares by the next preceeding words that the Parliament served his turn first not he theirs First By inlarging him out of Prison and restoring him to his Liberty Secondly By hearing his cause and Voting his sentence in the Star-Chamber illegall and that he ought to have reparations Thirdly By saving him from an arraignement for his life before the whole House of Peeres about the Earle of Strafford when the King himselfe sent in an Accusation against him Aug. 4. 1641. for his seditious carriage To which he might have added and doth elsewhere relate a fourth by saveing his necke from the Gallowes at Oxford and purchasing his release by an exchange from thence to which I contributed my owne best assistance But did the House ever imploy him in any publike service to serve their turnes Surely never for ought I could learne and if they had they should have heard of it to purpose in this Letter What an ungratefull lying Merchant then doth he shew himselfe thus ill to requite the House of Commons for this their extraordinary favours to use such scandalous false speeches and Libellous invectives against them that having served their owne turnes of him he could never have Iustice from them since c. Yea but he hath waited above foure houres space and can have no reparations for his losses according to their Votes But is this the House of Commons fault Have they been backewards to doe him right or rather hath not he beene negligent and wanting to himselfe in procuring a transmission of his cause to the Lords without whose concurrence his sentence cannot be reversed nor his dammages ascertained and repaired Surely it is very well knowne to the world that my owne Sufferings Imprisonments Losses transcended his by many degrees and that the Commons Voted me Reparations and Dammages for them long before they passed their Votes for him that never yet received one farthing recompence for all my Losses Dammages eight yeares Imprisonment Exile the losse of my calling and estate in any kinde whatsoever though I presume I have done far greater more and better Services for the State Church Parliament then ever he performed for them Yet did I never complain either of or against the Parliament for breach of Magna Charta in not doing or delaying to do me Right or Justice neither had I just cause to do it since the weightier publike affaires of three bleeding Kingdomes Churches and our Bloody Wars and Schismes in all three have ingrossed all their time thoughts and deprived them both of vacancy opportunity and since of present meanes to right me in this kind in these necessitous times The like I might say of my Dear Fellow-sufferers Doctor Bastwicke Mr. Henry Burton Mr. Peter Smart Dr. Leighton Mr. Walker and
and to the just practise that was used by the very Heathen Romans O brave times and brave justice To which he adds this imprecation to heaven against them Heare ô Heavens and give eare ô earth and thou righteous judge that lovest justice and judgement put forth thy hand and do justice thy selfe upon these unjust and unrighteous Judges of this age whom the people have set up for their good namely to preserve their lives Libertyes and Estates as their faithfull Stewards and yet destroy what they would seeme to maintaine with other passages as bad or worse By the Statutes of Westminster 1. made 3. Ed. 1. c. 33. 2. R. 2. c. 5. 12. R. 2. c. 11 1. and 2. Phil. Mary c. 3. and 1. Eliz. c. 7. It is enacted and straitly defended upon grievous paine that from thenceforth none should be so hardy to contrive speake or tell any false newes lyes or other such false things or publish any false Newes Lyes or Tales or Prelates Dukes Earles Barons Nobles or Great men of the Realme whereby debates discords or slanders may arise betweene the King and his people or the Lords Nobles and commons whereof great perill and mischiâ—fe might come to all the Realm and quick subvertion and dâ—struction of the Note said Realme if remedy were not provided And that he that shall offend herein shal be kept in prison untill he hath brought him forth in Court that did first speake and report the same and if he cannot bring him forth that then he should be grievously punished according to the nature of the â—ffence by the Councell And all Justices of Peace within every shire Citty and Towne Corporate are inabled to heare examine and determine the said causes and enjoyned to put these Lawes in due execution that from henceforth condigne punishment be not deferred from such offenders And by vertue of these Acts and of the very Common Law it selfe many persons for libellous false speeches Newes Reports and writings not only against Noblemen Iudges great Officers and other persons of honour but even of private persons have constantly in all ages been indicted in the Kings Bench before the Iudges and proceeded against in the Star-chamber for raising or spreading false News Lyes Libels Rumours and been imprisoned fined adjudged to the pillory to weare papers on their heads lose their eares undergoe other corporall punishments and bound with good sureties to the good behaviour as you may read in Sir Edward Cooks Commentary or Institutes on Magna Charta 3 E. 1. c. 33. His 3. Institutes c. 76. f. 174. His 4 Institutes cap. 5. 7. 5. Rep. pars 2. f. 129. 125. 9. Rep. f. 59. Cromptons Iurisdiction of Courts Tit. Starchamber and Banke le Roy 43 Ass 38. and Parson Harrisons case in the Kings Bench for defaming Iudge Hutton being a late memorable president of Iustice in this nature which every man approved This being the knowne received Common and Statute Law of the Realm agreeable to Magna Charta and the Petition of Right which protect no mans liberty person or estate against the due proccedings and punishments of Law when he turnes a Libeller Malefactor Felon Traytor or Delinquent against the Law for then every Theefe Murderer Felon in Newgate might plead it as well as Iohn Lilburn against their imprisonments and judgements The first question will be Whether the Committee of Examinations and House of Commons being really and truly informed of all the forementioned seditious Papers Libels Lies and false Reports published and printed by Lilburn against the Iurisdiction Ordinances Proceedings of the Parliament their Committees Members the Synod and others might not justly summon him to appeare before them being authorized and commanded by a speciall Order of the House to do it without any infringement of Magna Charta and the Petition of Right Certainly this being the truth of the question there is no man that knows what belongs to Law or justice but will acknowledge it since there is nothing so common in daily practice or experience as for the Lord Mayor and Aldermen of London the Mayor Iustices and chiefe Officers in every City or Corporacion the Iustices of Peace in every County the Judges and Stewards in every Court of Iustice the severall Committees and all Subcommittees of Parliament upon informations and complaints of any wrong or injury within their severall Iurisdictions to send out generall warrants writs or summons to the parties complained of to appeare before them to answer such things or misdemeanors as shall be objected against them And in the Army it selfe Iohn Lilburne cannot but know it is an ordinary course for the Generall or Councell of war or any chief Officer of the Army to send the Provost Marshall or other under Officers to summon any souldier under their Command to appeare before them upon complaints without sending them notice first what their accusation is or who their accuser and Iohn Lilburne himselfe as I am credibly informed hath without any Commission done more then this amounts to in Lincolnshire whiles he had there some petty Command And shall not a Committee of Parliament then have as much authority to summon John Lilburne to appeare before them upon a just complaint and speciall Order of the House without a grand infringement of Magna Charta the Petition of Right and such an out-cry as you have heard in print when as any Iustice of Peace or petty Officer may doe as much and more in the like case and every Souldier or Officer at any Court of Guard in any the Parliaments Garrisons Heare O Heavens and hearken O Earth what mad Non-sense new Law and Doctrine this Ignoramus hath published How many thousands have this Committee and other Committees and Sub-Committees of Parliament summoned to appeare before them many of them in custody since the Parliament begun and yet not one of them though the veriest malignant Royalist or Anti-parliamentarian breathing did ever pretend or alleage that this was an infringement of Magna Charta or invasion of the Subjects Liberties And all that have read any Parliament Iournalls in either House know that in all Oâ—ders which appoint Committees or Sub-Committees to examine any businesse this clause is added And this Committee hath power to send for Parties Witnesses Records c. which they pursue accordingly and have done so in all ages Further take notice First that in matters which concerne the State or Republike meerly there needs no particular Informer or Relator but the Iudges and Officers of State ought ex officio to informe and prosecute all publike Delinquents Secondly that Iohn Lilburne certainly was the first of any I ever met with that preached or at least printed such Apocryphall Nonsense Law for which he produceth no Authority but his owne Ignorance And if the summoning of men to appeare either in Courts of Iustice or before Magistrates and Iustices of Peace should be against Magna Charta certainly there could never bee any
and put themselves upon the trial of the Country the law of the Land deemes it such an high contempt against justice that presently without further triall or evidence of their guiltinesse they are for this their obstinacy and contumacy * See Brookes Abridgment tiâ— Paine and Penance adjudged to be prest to death in the most painful manner far worse then any hanging because their contempt in not answering is in Law a greater offence then that for which they stand indited as obstinacy in any sinne is worse then the sinne it selfe And in case they answer not guilty and so come unto their legall triall the Iudge Iustices and Iury somtimes doc usually strictly examine and interrogate them again as well as the witnesses touching the particular Treasons and Felonies whereof they stand indited and oft times when witnesses fayl or prove short finde them guilty and hang them by their own examinations and confessions at the Barre or at their apprehension If then Iudges and Iustices may proceed thus to examine Traytors and Felons themselves in their own cases in capital crimes which concern their very lives and estates without violating Magna Charta or any other Law may not the House of Commons then much more appoint the Committee of Examinations to interrogate Lilburn concerning his * See p. 6 7 8. forementioned speeches and Letter without any infringement of Magna Charta or the Subjects Liberty which protect no man against such legall examinations There was never any Traytor or other grand Delinquent to my knowledge committed by the Parliament Privy Councell or others to the Tower or any other prison but was once at least if not twice or thrice examined concerning the Treasons and offences for which they stood committed How mâ—â—y members of both Houses in formâ—â— Parliaments and in this especially which hath stood most of any for the Subjects Liberties and Priviledges of Parliament have beene thus examined in their own cases yet never any of them at any time refused to be examined or ever esteemed it a breach of Magna Charta or a thing against the Subjects Liberty I dare say the Committee of Examinations have examined above five thousand persons of all sorts sexes degrees before them in cases which concern themselves and yet never met with any that refused to be examined or that pleaded Magna Charta against it till Lawlesse John Lilburn or some of his Disciples came to be examined before them who when he was sent for before this very Committee about his first printed Letter to my selfe had not learned so much Law as he hath gained since for he then submitted to an examination wherein he confessed both the writing and printing of that Letter and for this his conformity was not then committed but suffered to goe at large till the matter should bee reported to the House Not to spend more time or cite presidents in so plaine a case the two grand Irish Rebels Mac-Guire and Mac-Mohon were upon their apprehensions in Ireland examined touching that late horrid Treason and Rebellion there of which they were chiefe contrivers and being sent for over hither by the Parliament were severall times examined by Order of the Houses both by the Chiefe-Iustice and others and by their own examinations thus taken being the principall evidence against them condemned and executed at Tyburn according to their just demerits never pleading nor pretending that their examinations the proceedings against them were against Magna Charta If Io. Lilburn then and all others cannot but subscribe to all the premises he must then recant his false mistaken Law in this particular as well as in the former This poore Ignoramus hath nothing to object against this but that to be examined upon Interrogatories concerning our selves as we were in the Starchamber and High-Commission is against the Law of Nature and that which caused this Parliament to suppresse those Courts and to vote his own sentence there illegall unjust arbitrary against the subjects Liberty and yet now they walk in the very same steps and build up that again which by that Vote they formerly destroyed So he dogmatizeth in page 15 of his Letter Take then an answer to it in few words 1 It is neither against the Law of Nature nor of the Land nor Magna Charta nor the Petition of Right for a man to be examined against himself upon interrogatories as all the premises sufficiently manifest no not in cases of Treason Felony nor in any other case nor yet against the Law of God for then Ioshua had never thus examined Achan in a case where his confession cost him his life Iosh 7. 14. 15. 19 to 26. nor Peter Ananias and Saphyra wherein their Lie lost their lives Acts 5. 1. to 11. Indeed in capitall and some other meere criminall causes a man by our Lawes ought not to be examined upon his oath against himselfe nor yet in case of Illegall Loanes the only thing complained of and provided against by the Petition of Right but without oath men are and may be thus examined against themselves by the rules and constant practise of our Law and in some criminall causes upon oath to 2 The examination of men upon their oathes in Starchamber was held lawfull and used there above an hundred yeares without dispute neither did this Parliament ever judge such examinations against Law or pull down that Court for them nor yet in your own case so vote or adjudge But that which they voted against and that for which they suppressed this Court was the bloodinesse and exorbitancy of their Censures Fines for small or no offences for making that criminall which was legall that a great offence which was neither a fault nor crime and making that Court as an Engine to undermine all our Lawes and Liberties by degrees and bringing those into it as Sheriffs Iustices and others who refused to levy or pay Ship-money or opposed any Oppressions Monopolies unlawfull Taxes Projects Impositions Innovations or Arbitrary proceedings in State or Church or maintained the just Rights Lawes and Liberties of the Subjects against them And the High Commission was voted down on the like grounds but not principally for the Oath ex Officio which was condemned in them not so much because it was unlawfull for any man to accuse himselfe or be examined in his own cause with or without an oath for then the Chancery Exchequer and Court of Wards where men are to answer and are examined upon oath against themselves should have been suppressed as well as it but upon two other reasons 1. Because men were there forced to take this Oath before sight of their Articles and so sworn to answer criminally to what they knew not when they took the Oath so as they could not sweare in judgement 2. Because the High-Commissioners had no power given them by the Statute of 1 Eliz. c. 1. or any other Law to administer any such Oath 3 Sundry Acts of
as Malignant and scandalous which upon examination proved not such and I presume is no crime to defend such Innocents against unjust accusers True it is I have appeared as Councell for some three Ministers which upon Examination have been voted Malignant or scandalous whereupon sequestred but it was before it appeared to me they were such and upon the Letters recommendations or importunity of some speciall friends of mine who assured me of their innocency in the things whereof they were accused Otherwise I was never voluntary of Councell much lesse for fees with any such nor intend to be if I know them such However since divers matters and questions of late arise and are mixed in most cases in which Ministers need the helpe of Councell as likewise to mannage their evidence to cleare things that are doubtfull both to the Committee Iudges and jury it is neither a crime nor scandall for any Lawyer to be of Councell with an ill person in an ill much lesse in a doubtfull cause so as he neither wrest the Law nor evidence to justifie the guilty person nor extenuate the crime but onely to sift out the truth to rectifie the contrary evidence where it is mistaken or pressed over farre and and so truly to state the case as it is and ripen it for a just judgement The 11. is That I have been a pleader of Patents in point of Law and that against expresse Acts of Parliament Magna Charta and the Petition of Right and that lately before Committees of Parliament This is a grosse untruth I having been of Councell against many such Patents but never with any such to my knowledge both before and since the Parliament if he meanes it of my being Councell against the importation of false printed English Bibles from Holland contrary to severall Ordinances some old Acts of Parliament and some new ones long since drawn read and committed by the House he shewed himselfe a very Ignoramus as little skilled in common Law as in Magna Charta which he so much talkes of but understands no more then Mr. Goose since he cannot distinguish an Ordinance and Act of Parliament from a Patent His 12. slander is That I am a pleader of Iudges practises as binding to the people against expresse Acts Magna Charta and the Petition of Right the overthrowers and destroyers thereof being Traitors to the Common wealth This he desires time to prove for want of present Evidence and he will doe it just at doomesday in the afternoone not before and when he hath better studied those Acts and understands them perchance he will be of another judgement You have heard a full jury of Lyes and slanders onely against my selfe in this one Libellous Letter all which conjoyned together with those forementioned against the Parliament Speaker and Members give in this verdict against the impudence of this same Author That he is a Father of Lyes and slanders deserving the alteration of one Letter in his Name and to be called onely LYEBORNE instead of Lilburne for the future to shame him from his lying practâ—ses which no friendly admonitions or advice could hitherto effect I shall not mention his severall vntruthes touching my honoured Brother Dr. Bastwicke who hath sufficiently vindicated both himselfe and the Parliament in print against these Libellous Calumnies Not his many rayling invective speeches against the Parliaments justice and proceedings since his imprisonment at Newgate and his practises to raise commotions against the Houses by new printed Libellsand Letters affronting questioning both their power justice and animating the Vulgar rabble to call them to account which I have formerly touched upon but shall onely mention one particular more Soone after his imprisonment in Newgate in a very irregular and seditious way he caused divers of his confederated brethren of the Separation about London to present a petition in his behalfe to the Parliament in affront of their proceedings wherein they stile him The great instrument of the Bishops and Star-chambers downfall attributing that honour principally to him which I am certaine was more due to others concluding with these three desires to the House 1. That you will be pleased to order his suddain removall from the infamous prison of New gate a very sancy request contrary to the Committees and both Houses expresse vote 2. That in debating the occasion of his restraint you will be pleased to make the most favourable construction thereof and if it may stand with your wisedomes to give him his speedy inlargement A request almost as insolent as the former 3. That you will be plased to give reliefe to those pressures that lie upon him and to order him a competent part of his Arrears for support of his wife and family How ill the House tooke this Petition in behalfe of such an incorrigible peremptory Delinquent and how great an infringement they deemed it of their Priviledges both for manner and matter the Members present at the debate can best informe the World certainly it was very displeasing to them as the Votes and Answer to the Petitioners manifested however to shew their charity they Ordered him one hundred pounds of his Arreares to be forthwith payd for his and his families reliefe according to the last request in the Petition But to the monstrous ingratitude and obstinacy of this Libeller and his consederates They generally report over all the City and Country that The Parliament voted and paid him this money onely to stop his mouth for their injustice towards him and to take off his Prosecution of Mr. Speaker and others for holding Intelligence with and sending money to the King Interpreting this their Charity towards him upon this Petition of theirs no other then a Bribe and taking occasion from it to cast new Libellous Aspersions on the House it being the accursed disposition of this Generation of Vipers who have Adders poyson under their lips to turn the very best things into poyson and misconstrue the Parliaments best actions though occasioned by themselves I shall therefore for a close of this Relation and Resutation First earnestly desire the Honorable Houses of Parliament and whole Kingdom to take notice of the Lying Libelling Railing False Dishonest Perverse Uncharitable Vnchrâ—stian disposition of Anabaptists and Separatists who make no conscience of Forging Reporting Publishing and Printing the most False Impudent Notorious Scandalous Lyes and Forgeries that can be both of the Houses of Parliament their Covenant Members and most innocent pious blamelesse persons living that are not of their Faction or opposites unto it without the least shadow of proof or truth in which Infernall Diabolicall black Art many of them outstrip the very Devil himself and Iohn Lilburn all his followers And thereupon to be very circumspect 1. How they believe or entertain any Informations or Reports of any of this Sect against the Parliament or any other persons especially against our Ministers whose utter Extirpation they have plotted together with their Tithes