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cause_n	king_n	law_n	lord_n	4,135	5	3.8427	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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)

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 by way of indictment the only and alone legall way of all tryals in England or upon the principles of Parliaments ancient proceedings or upon the principles of reason by pretence of which alone they lately took away the Kings life before a legal Magistracy when there shal be one again in England which now in the least there is not 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 or then the Lord chief Justice Wayland and his associates tormented by Edw. 1. Or then Judg Thorpe condemned to dye for Bribery in Edw. 3. time Or then the two dis-throned Kings Edw 2. and Rich. 2. Or then the Lord chief Justice Tresillian who had His throat cut at Tyburn as a Traitor in Rich. 2. time for subverting the Law and all his associates Or then those two grand Traytorly subverters of the Laws and Liberties of England Empson and Dudley who therefore as Traytors lost their heads upon Tower-hill in the beginning of Henr. 8. raign Or then trayterous Cardinal Wolsey who after he was arrested of Treason poysoned himself Or then the late trayterous Ship-Money Judges who with one Verdict or Judgment destroyed all our propertie Or then the late trayterous Bishop of Canterbury Earl of Strafford Lord-Keeper Finch Secretary VVindebanck or then Sir George Ratcliff or all his Associates Or then the two Hothams who lost their heads for corresponding with the Queen c. Or then the late King Charls whom themselves have beheaded for a Tyrant and traytor 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 helping to settle the Peace and Liberties of the Nation which truly really and lastingly can never be done but by establishing the principles of the Agreement of the F●●● People that being really the peoples interest and all the rest that went before but particular and selvish In which is also the Authors late Proposition sent to Mr Holland June 26. 1649. to justifie and make good at his utmost hazard upon the principles of Scripture Law Reason and the Parliaments and Armies ancient Declarations his late actions or writings in any or all his Books Ier. 5.26 27 ●8 29. For among my peoyle are found wicked ●en they lye in wait as he that setteth snares they set a trap they catch men As a cage is full of Birds so are their houses full of deceit therefore they are become great and waxen rich They are waxen fat they shine yea they overpass the deeds of the wicked they judg not the cause the cause of the Fatherless yet they prosper and the right of the needy doe they not judg Shall I not visit for those things saith the Lord Shall not my soul be avenged of such a Nation as this Imprinted at LONDON Anno Dom. 1649. The Author to the Courteous Reader COurteous Reader There wanting room at the conclusion of this Discourse to make a Postscript I am necessitated to make it upon the back of the Title page that being the last printed and to acquaint thee that divers weeks agoe this discouse was all in a manner printed which I have been necessitated to keep in ever since by reason of a little liberty I obtained of the day time to visit my sick and distressed family which by sicknes have been sorely afflicted by the wise hand of him that dispenseth all his dealings to those that truly know him in mercy and loving kindnesse with the bowels of a loving father yea in afflictions his seeming frowns hath that end in them to draw the souls of his nigher and closer to himself and that thereby they may truly and substantially see that in the naked injoyment of himself that is not to be found in all earthly or creature objects or delights and his wise hand having thought it fit to exercise my faith and patience by taking away both my Sons from me who were the greatest part of my earthly delight in this world and brought my wife and daughter even to deaths door which affliction I must truly acknowledge made me unfit to think almost of any earthly thing and became unto me a greater tryall of my dependence upon God then ever I had in my life especially being not alone by my self but a company like Jobs with many other bitter ones but my sweet father letting me see his hand in it and being merciful to me in sparing and recovering my wife and daughter and hath as it were brought my spirit to its selfe which hath made me wait for a righteous and hoped for composure betwixt my unrighteous adversaries and my self and which if it had come I had burnt this discourse in whose promises I constantly find nothing but meer delusions and therefore am compelled in my own spirit to let this fly and the rather because Sir Arthur Ha●●erig and Colonel Fenwick treacherously and theevishly have not only without any pretence of Law and Justice but their meer wills seized upon above 1000l of my estate in the North but also most maliciously detaine it in their hands and are so resolved to do which action tends to the apparent ruine and destruction of me and the rest of my Family remaining alive whose wickednesse in this particular c. I have hinted at in the following discourse pag 6. 8. as also in the 12 page of the late second edition of my Book Entituled The legall Fundamentall Liberty of the People of England revived the 2 last pages of which I also intreat the Reader carefully to peruse which with other grand oppressions both general and particular remaining upon me in severall particulars and also seing no rationall hopes of any just composure I am resolved being I am in manner a weary of any thing I can see abroad through the assistance of God to be as prodigall of my pen and life for the future as my bloody and tyrannicall adversaries are of their oppression cruelty tyranny and blood-thirstines and so I rest this present August 1649. as much as ever IOHN LILBURN To all the Affectors and Approvers in England of the London Petition of the eleventh of September 1648. but especially to the owners of it by their subscriptions either to it or any other Petition in the behalf of it and particularly to the

the Free-people of this Land they have pronounced Sentence against * * Which I am sure they deserve onely I wish they may not fail of the same punishment and that Master Cook would be as zealous in endevoring it as he was in endevoring the Kings for Justice ought to be impartial and no great places ought to stop the mouthes of those that are truly prosecutors of it And let Master John Cook take heed that the Fat Mastership of St. Crosses Hospital lately conferred upon him do not stop his themselves But good Trees saith he cannot bring forth bad fruits But say I bad fruits and bad actions are evident and undeniable demonstrations That the Trees or Actors of them are bad and wicked Yea and from those that have declared All their power and authority is but a be-trusted power which they ought and are bound in duty to exercise and manage onely for the ends and uses they are be-trusted for and cannot justly imploy it for their own or another use then that for which they are intrusted and which is to be discharged according to the condition and true intent thereof which they acknowledg to be onely for the peoples good safety and better being and not in the least for their hurt or mischief 1. Part Book Declar. pag. 150. 266. 382. 700. 750. Imprecating Wrath Vengeance Woes and Miseries to fall upon them when they do not faithfully discharge their trust according to the true intent and meaning of it and who think nothing worth enjoyment in this world without the Liberty Peace and Safety of the Kingdom and nothing too good to be hazzarded therefore Pag. 214. An Arbitrary Tyrannical Government being that which they say Every honest Moral man abhors especially the Wisdom Justice and Piety of the Parliament Pag. 494. And which every honest man ought say they to oppose with the hazzard of all they have and are accounting those men most abominably prophane who to satisfie the Lusts of their own Ambition are content like Esau to sell their birth-right and render themselves and their posterity to perpetual slavery and care not to submit themselves to any Arbitrary and unlimited Government so they may for their own time partake of that power to trample and insult over others contrary to the Laws and Liberties of England The Standers for which with the utmost hazzards of their lives and fortunes are those they will joyn to live and die with Pag 660 c Yea and the same Note do the Ruling men of the Army in the day of their distress and calamity sing in their Declarations whose words are so glorious transcendent and self-denying that they are enough to ravish the heart of an ingenious single hearted man and to make an honest soul to hazzard all he hath in this world to stand by such men as believing it to be impossible for the hearts of any men to be so wicked and vile as ever to go about to think of setting up Tyranny Oppression and a meer self-interest after such expressions and to make use of all these expressions for no other end but the more easily to deceive and grow strong to subdue all those that stand in their secret ambitious ways And that the Armies Expressions in the day of their straits were most glorious and ravishing plentifully appears in their Book of Declarations Pages 37. 39. 40. 41. 45. 46. 52. 58. 61. 62. 76. 101. 105. 110. 118. 119. 126. 128. 132. 137. 142. 144. 150. See also the Officers large Remonstrance against the late King dated at Saint Albans November 26. 1648. Pag. 7. 8. 9. 12. 14. 15. 22. 23. 29. 43. 45 47. 48. 57. 62. 65. 66. 67. 68. 69. I say Sir considering all the forementioned things in abhorrency and detestation of that faithless and tyrannical dealing with me I was resolved though it had been possible for you and me to live Methusalems days never to make any more addresses to you nor suffer my wife so far as in me lay to do it in my behalf or so much as to come at your door to speak to any Member of your House for the least mitigation of your indignation against me Yet seeing contrary to my many earnest desires and without my privity she hath lately been with your self at the House door about my liberty who as she relates unto me was very high with her as though I had committed against you little less then the sin against the Holy Ghost that can never be pardoned therefore in vindication of my own innocency and integrity I cannot chuse but take this opportunity to make a fair and ingenuous proposition unto you that you cannot refuse if you have but a grain of Ingenuity left in you which is this That if your House please to chuse two men I will chuse two more and they shall have power by majority of voyces in case they cannot agree to chuse an umpire finally to decide the business betwixt us and I will be content they shall appoint Cromwel Ireton Bradshaw and all the Orators or Pleaders they had against the King and the beheaded Lords or as many of them as they please to plead against me and I will have none but my self singly to plead my own cause against them all and I will venture so far as my 24 or 25 hundred pounds yet in your hands will amount unto five hundred pounds to one hundred yea and my head to the head of him that in your House principally caused my imprisonment or any reasonable considerable balance Provided the debate may be publike and that I may have free liberty to speak for my self and provided the Scripture the Book of Statutes Cooks Institutes published by your selves for good Law the Parliaments and Armies Primitive Printed Declarations may be the Witnesses and Jury men on both sides for the aforesaid Arbitrators or Vmpire to guide their Judgments by And if I cannot maintain mine own Innocency and Integrity against all that can upon the Rules aforesaid be said against me and it be not so determinated and judged by the major part of the Arbitrators or Vmpire chosen as before is expressed I will lose and for fit all I have yea and my life to boot And I think this is so fair That no rational man under Heaven can condemn it or me if it be refused But yet to make it more fair I will give you the advantage of all you can pick out of the first and second part of Englands new Chains discovered which I will own although the last be Voted and declared Treasonable my second Edition of my Picture of the Councel of State my second Edition of my Printed Discourse with Master Peters dated 25. of May 1649. And my late Book of the eight of this present June intituled The Legal Liberties of the people of England revived asserted and vindicated or any thing acted said or done by me in the managing of them or any of them Sir I shall