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A88246 The resolved mans resolution, to maintain with the last drop of his heart blood, his civill liberties and freedomes, granted unto him by the good, just, and honest declared lawes of England, (his native country) and never to sit still, so long as he hath a tongue to speake, or a hand to write, til he hath either necessitated his adversaries, the house of Lords, and their arbitrary associates in the house of Commons, either to doe him justice and right, by delivering him from his causelesse and illegall imprisonment, and out unto him, legall and ample reparations, for all his unjust sufferings or else send him to Tyburne: of which he is not afraid, and doubteth not if they doe it, but at and by his death, to doe them (Sampson like) more mischief, then he did them all his life. All which is expressed and declared in the following epistle, written by Lieut. Coll. John Lilburne, prerogative prisoner in the Tower of London, to a true friend of his, a citizen thereof, Aprill 1647. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2174; Thomason E387_4; ESTC R201493 61,516 44

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power of the honourable house of Commons and looke upon it in its constitution at the greatest and legall best interest that the Commons of England ●ath and of all the Committees thereof that legally and ●ustly derive their power therefrom and act according to the Law and just customes of Parliament within their bounds unto all whose commands so farre as the established law of England requires me I shall yield all cheerfull and ready obedience but having the last yeer very large experience of the arbitrary and illegall proceedings of some Committee or Committees of the House of Commons and the Chair-manor Chair-men thereof and fearing to meet with the like now again● by way of prevention I amnec●ssitated humbly to declare unto this honourable Committee that in the dayes of the Star-Chamber I was there sentenced for no other cause but for refusing to answer to their interrogateries or questions and upon the 4. of May 1641. the honourable house of Commons whereof you are Members upon the report of Mr. Francis Rouse made these ensuing Votes Resolved upon the question That the sentence of the Star Chamber given against John Lilburn l●illegall and against the the liberty of the Subject and also bloody wicked cruell barberous and tyrannicall Resolved upon the question that reparations ought to be given to Mr. Lilburn for his imprisonment sufferings and losses sustained by that illegall sentence Here is your own iust and legall Votes in my own case to condemne as illegall and uniust all inquisition proceedings upon selfe accusing interrogatories and your Votes are sutable to the ancient and fundamentall lawes of this land as appeares by the 29. chap. of Mag●a Carta and the 5. E. 3 9 and 25. E. 3.4 and 2● E. 3.3 and 37. E. 3.18 and 42. E. 3.3 the words of which last cited Statute thus followeth Item at the request of the Commons by their Petitions put forth in this Parliament to eschew the mischiefes and dammages done to divers of his Commons by false accusers which oftentimes have made their accusations more for revenge and singular benefit then for the profit of the King or of his people which accused persons some have been taken sometime caused to come before the Kings Counsel * * Which the Parliament is by writ otherwise upon grievous paine against the law It is assented and accorded for the good governance of the Commons that no man be put to answer without presentment before Iustices or matter of record or by due processe and writ originall according to the old Law of the land and if any thing from henceforth be done to the contrary it shall be void in the Law and holden forerrour All which forementioned good Lawes are all and every of them confirmed by the Petition of right made in the third year of the present King Charle● which expresly saith no man ought to be adjudged but by the lawes establ●shed in the Realme and not otherwise which Petition of right you your selves in this present Parliament have in every point confirmed as appeares by the Statute that abolish●th the Star-Chamber and by the Statute that abolishe●h ship money and you your selves with your hands lifted up to the most high God have often sworne vowed pro●●●ted and d●e●●red you will maintaine preserve and defend the fundamentall lawes of the land and square you actions accordingly and imprecate the wrath and vengeance of the great God of Heaven an dearth to fail upon you when you cease to performe what there you sweare to and declare And therefore honourable Gentlemen what thoughts soever of ind●gnation and displeasure you have towards me I hope you will be so tender of your owne honours and reputations that you will not in the least endeavour to deale with me contrary to the true intent and meaning of the for●●entioned good and iust lawes But if you should I cannot nor shall not willingly stoop unto ●●y tryall that is contrary to the pattern of the forementioned honest iust and good lawes and if you please to let me ●●ioy the benefit of them J shall be ready to ioyne issue with you whensoever you please without craving any mercy pity or compassion at your hands and legally to answer whatsoever J have said or done But under the favour of this honourable Committee I die humblie conceive it will neither b●lu● nor honourable for the house of Commas to pun●sh me either for a pretended or reall crime committed by me in a bard tedious provoking and u●iust imprisonment while my case is depending before themselves and I by themselves extr●amly delayed in receiving iustice and right therefore I make it my humble suite unto this honourable Committee to represent myiust desire to the honourable house of Commons that they would first adiudge my cause betwixt the house of Lords and me which hath been dependant before them about this 8 moneths and either according to the lawes and constitutions of the land iustifie we or condemn me and then in the second place when they have done righteous and true iudgement in this then I desire them if they have any reall or pretended crime or crimes to●ay to my charge committed by me in my present hard uniust and extraordinary provoking imprisonment whilst J am managing my buslnesse before them that then they would proceed according to law with me and according thereunto to punish me without mercy or compassion which proposition I hope is so rationall that in iustiece it cannot be denied me So humbly taking leave of your honours I subscribe my selfe A true and faithfull servant to the honourable House of Commons to be commanded by them according to law and justice but no further John Lilburne From the outward Court of Wards 8. day of February 1646. And having concluded my paper now Mr. Corbet said I if you please le ts goe to the question well then said he will you renounce this booke or no Sir said I I had rather give you leave to hough ●e in ten thousand peeces then renounce any act of mine done by me upon grounded mature and deliberate consideration and therefore Sir somethings before hand premised J shall give you a possitive and satisfactory answer to the question And therefore in the first place I desire you and all here present to take notice that I doe not return you an answer to your question our of any opinion that J am bound in duty or conscience unto your Authority to doe it because you command me to doe it for I know J am actively only to obey you in lawfull things which this is not in the least for by law no man what ever is bound to betray himselfe Nor secondly J doe not return you an answer to it as though I were bound by any law in England thereto for I have before punctually proved it to your faces out of my paper that it is altogether unlawfull by the law of the land to presse or force me to answer
more ripe understanding so that I am now able to speak without being dictated unto what I should say and therefore if you please to give me leave to speak my own words in my owne manner and forme well and good if not I have no more to say unto you Sir saith he the question is but short therefore you are commanded to give a possitive answer to it unto which I replyed Sir if you will not let me speak my owne words in my owne way I will neither tell you whether I will owne it or disavow it and with that he took his pen and writ part of what I said and read it to me Sir said I what you have writ is not full what I said and therefore if you please to give me pen inke and paper I shall write what I said my selfe and set my hand unto it which he refused but divers of the Parliament men pressed him to keep me to the question Vnto which I said Gentlemen if you please to give me leave to speak well and good if not lets come to an issu● and command me out of doores for I will not answer you till I have free liberty to speak upon which one or two of the Committee said let him speak but saith Mr. Corbet if after you have liberty for to speake will you returne a possitive answer to the question yea Sir said I that I will well then speak said he speak Sir said I what I have to say is in the first place in reference to the house of Commons for apprehending with my selfe that my carriage and speeches this day before the Committee may be represented to the honourable House of Commons to my detriment and dammage I therefore judge it convenient for me to fortifie my self as wel as I can and therfore I desire humbly to declare that I own the constitu●ion of the honorable house of Commons as the greatest best and legallest interest that the Commons of England have for the preservation of their Rights and Liberties and I doe not only owne their constitution but also I honour their authority and power and the power and authority of all Committees legally deriving their power therefrom and shall readily and cheerfully yeeld obedience to all their commands provided they act according to the rules of justice and to the good knowne lawes of the hand but not otherwise And in the second place I desire to speake a few words of my thoughts of this Committee but I was exceedingly interrupted not only by the Chairman but also by other Members of the House and very much pressed to give an answer to the question which made me say Mr. Corbet if you please to let me goe on in my own way well and good if not I have no more to say to you for I came not hither of my owne head to make a complaint unto you of my own but I was sent for by you as I conceive in a criminall way to answer something before you in which regard it behoves me to stand upon the best guard that either law reason or judgement can furnish me with and being that I apprehend I am so much concerned in my present appearance before you it exceeding much concernes me to be very considerate and wise in managing my businesse before you therefore i● you please let me goe on to speak out what I have to say and I thinke in conclusion I shall give you as possitive an answer to the question as you desire So up stepped a welsh Gentleman one Mr. Harbert as I remember his name desired Mr. Corbet to let me speak on for saith he you hear him promise to give you a possitive answer to your question Well then saith Mr Corbet but will you as soone as you have spoken give a possitive answer to the question Yea Sir said I and clapt my hand upon my breast upon my credit and reputation will I then goe one saith he Well then Sir said I two words concerning this Committee and that at present I have to say is this that I looke upon this Committee as a branch deriving its power from the House of Commons and therefore honour it and I looke upon you in the capacitie you fit here as a Court of justice and I conceive you look upon your selves in the very selfe same capacity but in case you do not I have no more to say unto you neither if ye be not a Court of Justice doe I conceive have you in law any power at all to examine me But none of them replying upon me made me take it for granted they took themselves for a Court of justice and therefore I went one and said if you so doe that is own your selves for a Court of justice then I desire you to deale with me as it doth become a Court of Justice and as by law you are bound which is to let me have a free open and publique hearing For Gentlemen you have all of you taken the Covenant in which you have lifted up your hands to the most high God and sworne to maintaine the lawes of the Land And it is the law of the land that all Courts of Justice ever have been are and ought to be held openly and publiquely not close like a Cabinet Counsell from whence no Auditers are or ought to be excluded * See Mr. Pryns relation of Colonell Fines his tryall pag. 11. 12 13. and Regall Tyranny discovered pag. 81. 82. 83. and therefore as you would not give cause to me to Judge you a company of forsworne men I desire you to command your doore to be opened that so all the people that have a mind to heare and see you and beare witnesse that you proceed with justice and righteousnesse may without check or comptrole have free accesse to behold you they behaving themselves like civill men But here arose a mighty stir by some Parliament men who declared fiery indignation in their very countenances against me but especially a Gentleman that sa●e on the left hand of the forementioned Gentleman in the fur jacket who pressed vehemently to hold me close to the question and keep to their Committee proceedings but truly I conceived the Gentleman to be but a very young Parliament man and one that neither had read nor understood the lawes of England and therefore Sir said I to him to stop your mouth I tell you I blesse God I am not now before a Spanish Inquisition but a Committee of an English Parliament that have sworne to maintaine and preserve the lawes of the Kingdome and therefore Mr. Corbet I know you are a Lawyer and know and understand the lawes of the Kingdome and I appeale to your very conscience whether my desire of an open and publique hearing be any otherwise then according to Law sure J am Sir it was the constant practise of this very Parliament at the beginning thereof that in all their Committees whatever where they
and I was fairely promised I should have but the hundred of the present bookes in controversie and I was fairely promised I should have them but as yet I have found no performance at all though truly I doe conceive there was is many books carried away by him as stood me in about twenty or thirty pounds for there was the greatest part of a thousand of my bookes called London Charters the printing of which with the paying for the copies of the originall Charters c. which I had out of the Record office in the Tower cost me almost twenty pounds besides a great many of severall oth●● sorts And at my withdrawing the people eryed out they never would answer to close Committees any more being the doores by law ought to be open which they never kn●w before Now friend I know you are acquainted very well with some able and honest Lawyers and therefore I pray doe me the favour as inquire of them whether all these things laid together it be not an act of Fellony in the forementioned Whittaker c thus forceably to enter my house and without any reall or pretended warrant to take away my good●● but if it be not fellony I desire to know of them what effectuall course I may take in saw to obtaine my just and legall satisfaction for this illegall wrone and making these catch-poule Knaves who art as bad if not worse then the Bishops Rookes and Catch-poules examples to all their fellow Knaves and Catch-poules Thirdly I desire to know whether by law any free mans house in England can be broken open or forceably entered under any pretence whatever unlesse if be for fellony and treason or a strong and grounded suspition of fellony or treason or to serve an execution after judgement for the King Fourthly if any person or persons whatever shall indeavonr to break open or forece●bly enter my house or any other free men● of England upon any precence what ever but the forementioned 〈◊〉 some other that is expresly warrantable by the known law whether according to law or no I may not stand upon my owne defence in my owne house being my Castle and Sanctuary and kill any or all of those that so illegally though under specious authoritive pretences shall assault me Fiftly whether in law it be not as great a crime in the foresaid whittaker c. for cably to enter my house and carrie away my own goods fawfully come by under a pretence of a warrant signed by a single Member of the House of Commons commonly called a Chair-man of a Committee As for Sir William Beacher Clark of his Majesties Privie Counsell Old Sir Henry Vaine a Privie Counceller and it I mistake not then Secretary of State and Mr. Laurance wh●tt●ker that old corrupt Monopolizer now Member of the House of Commons by vertue of Regall or Councell-Board authoritie to sench the pockets or break open the study doors of the Earle of Warwick the Lord Say Mr. Hambden Mr. Pym Mr. C●ue or any other of those that was so served after the breaking up of the short Parliament for which by this present Parliament as I am credibly informed from knowing and good hands Sir Wiliam Beacher was committed to the Fleet Mr. Laurance Whittaker to the Tower and old Sir Henry Vaine who as it is credibly said was this principall actor in this b●sinesse and was in this present House of Commons strongly moved against againe and againe and in all probability had smarted soundly for it if it had not been for the interest that his Son young Sir Henry had in Mr. Iohn Pym and the rest of his bosome associates who as it plainly now appeares for ends besides the p●bli●●e had use to make of him against the Earle of Strafford who was one of the chiefe men that stood in their way and hind●ed them from possessing themselves of those high and mighty places of honour and profit that is now too much apparent they then aspired unto and therefore truly when I seriously cast my eye upon their continued serious of actions especially of late my conscience is overcome and J am forced to thinke that there is a great deale of more truth in many of the charges fixed upon them in those two notable Declarations of the Kings then at the first reading of them I conceive there was the first of which is the 12. of August 1642. and begins book Decl 1. pan pag. 514. some notable passages of which Mr. Rubard Overton and my selfe have published in the 6 pag. of out late discourse called The Out-Cry I of Oppressed Comm●ns unto which I shall desire toad one more and that is of their partialli●y in judgement which the K●ng chargeth them with ibim page 516 That they threw out of their house some Monopolizers as unfit to be Law-makers because their principles was not fit for the present turns of the powerfull party there and kept in other as great Monopolizers as those they threw out because they did comply with them in their ends and the King instances Sir Heary Mildmer and Mr. Laurance Whittaker both of whom for all their transgressions still fit in the hou●● And if it be an act of treason to exercise an Arbitrary and tyrannicall power for so it was charged upon the Earle of Strafford c. then I will maintain it M. Laurance Whittaker is guilty of it for he hath severall times done it unto the free men of England yea upon mean particular as at large you may read in my book called Innocency and Truth justified to the apparent hazard of my life and being for which I will never forgive him tell he hath acknowledged his fault and made me leg●ll and just satisfaction the which if he do not the speedier seeing by his unreasonable priviledge as he is a Parliament man that by law I cannot meddle either with his body or goods I will by Gods assistance seeing I have no other re●edy pay him with my pen as well as ever he wa● paid since his eyes was open cost it what it will and therefore I now advise him if he love his owne reputation without any more adoe to acknowledge his fault by giving me legall satisfaction The King second Declaration is an answer to the two Houses Declaration of the proceeding of the Treaty at Oxfo●d 1643. and in the second part book decl pag. 100. printed Anno 1646. where in pag. 10● he chargeth them poss●●vely that the maintenance and advancement of Religion justice liberty propriety and peace are really but their stalking ho●ses and neither the g●ound of their watre nor of their demands and I for my part must ingeniously protest and declare unto you that the dealings of both houses with me and others of the Kingdomes best friends is such that as sure as the Lord lives I should sin against my own soule if I should not really beleeve this particular charge of his Majesties to be most undeniable true and just
of the King to save himselfe he was likely to loose and indeed it is commonly reported that in his place as one of the Committee of the Kings ●●venue he hath learned to lick his own fingers well and the first or grand step of honour he attaind to by the Parliament was to be made Lord Lieutenant of the County of Durham and the wars comming one betwixt the King and Parliament to indeare himselfe againe unto the King knowing that the chance of warre was doubtfull he sent his second son Sir George Vaine to wa●e upon and serve the King who in person was actually ●●●nd in the baitell of Edge-Hill with the rest of his fellow Courtiers but to make up his case the more with the King though himselfe stard with the Parliament where as a seeming friend to them he was able to doe the King truer service yea and did it then if he had been with him for instead of protecting preserving securing and defending the County of Durham of which he was Lieutenant according to the duty of his place and those many importunare desires expressed unto him by the well affected Gentlemen of the Country which were all in raine for in stead of preserving the Country he sent his Magazine of Armes from his Castle at Raby by his t●o principall servants Mr. Will em Conyers Steward of his land and Mr. Henry Dingly his Sol●citer at law as a present for the King to the Earle of New-Castle then in Armes at New Castle against the Parliament who might then have been easily suppre●● at his comming to New Castle if old Sir Henry Vaine had been true to his trust the Parliament reposed in him And that he sent them is visible enough for they carried them openly and avowedly in the day time through the Country boasting of their act both in their going and comming and at New-Castle from the hand of one of the Earles s●rvant or Officers received a note for the receipt of those armes that so when time should serve Sir Henry Vaine might have it to justifie his good service done for his Majestie in being the principall instrument of raising the Earle of New Castles Army and giving the King so great a footing in the North as there he had for his Armes being sent to the Kings Generall so openly publiquely and avowedly as they were though his person were with the Parliament yet it ●●de all people there to conclude that he was himselfe absolutely for the King against the Parliament which presently his influence in those parts being grent got the Earle of New Castle a mighty repute and credit and made those that were really for him to be impudent and bold in their attempts and made abundance of Newters then to declare all or most of whom might at the first have been made serviceable to the Parliament if they had been looke to betime● and the most of those few of cordiall well affected Gentlemen were immediately forced to ●ly and leave all they had behind them and the test that stayed were immediately taken prisoners and destroyed as well as the other in their estates for which Sir Henry Vaines land and estate ought i● justice and conscience to goe to the last penny of it to make them satisfaction being the 〈◊〉 instrumentall cause of all their losses woe and misery and of all the woe and misery of the whole North occasioned by the Earle of New-Castles forces and those that were necessi●●ted to be raised to destroy them which if they had never had a being there had never been no need of the Scots comming into this Kingdome to our deare bought ayde the evill consequences of whose comming I am afraid England this twise seaven yeares will not ●●●ke of without a great deale of blood shed and misery the yo●k of Presbyterian bondage alone besides then to-operations if not co sharing in the Civill government of England to the unspeakable prejudice to the freemen thereof which they brought with them over Twe●d i●to this Kingdome which is likely to prove 100. times worse then the tyranny and Lordlinesse of the Bishops One thing more about Sir Henry Vaine I desire you to take notice of and that is further to demonstrate that his servants carried the Armes not of their owne heads but by his command or at least good liking is this that he never complained to the Parliament of it nor never indeavouted to have them punished for it but rather protected and defended them so that those that complained of them as well as of himselfe by reason of his greatnesse could never be heard nor obtaine justice though it was with some zeale followed by my Father my V●kle Mr. George Lilburn with other Gentlemen of the same Country as you may partly read in Englands Birth R●ght pag. 19.20.21 All this while if the King lost the day and the Parliament prevailed here was himselfe and his son young Sir Henry to make good his interest here so that of which side soever the g●●t went the old crafty Fox was sure in his owne thoughts to stand upon his leggs and be no looser but perceiving the King likely to goe down the weather by the Scots comming in he whistles away his son Sir George Vaine from the Kings Army And though the Parliament had upon the 20 May 1642 voted That when soever the King in kith war upon the Parliament it i●●breach of the trust reposed in him by his people contrary to his oath and tendeth to the dissolution of this Government And th●t whosoever shall serve or assist him in such warres are Traitors by the fundament all lawes of this Kingdome and have been so adjudged by two Acts of Parliament viz. 11. R. 2. and 1 ll 4 And yet notwithstanding though Sir George Vaine did both serve and assist the King actually at the battell at Edge-Hill yet as soone as any footing by the Parliament is gotten in the County of Durbam he is by his Father and I thinke I might say brother too for it is impossible if young Sir Henry were honest and true to the publique interest of his Country according to what he seemingly professes and would be thought to be that his father and brother should doe such actions as they have done and dayly doe and escape scot free and no man to be heard that complains of them but rather crushed and destroyed which could not be if he and his interest did not support them in all their basenesse I say Sir George is by his Father sent down into the Country as the only fit man to govern it by deserving well at the hands of the Parliament for being with the King at the battell of Edge-hill and therefore is made the receiver of the Kings sequestered revenue there worth to his particular a great many hundreds pounds per aunum and is also made chiefe Deputy Lieutenant yea as it were Deputy Lord Lieutenant Iustice of peace and quorum Committee man and Chair-man
of the Committee and hath also the Posse commitatis of the whole County put into his hands as being the fitte●● man to be High Sheriffe there yea and no●irin that County what ever a King is in his Kingdome that saying of Da●i●l chap. 5.19 concerning the power of ●●●●bad nezzar being too truly verified of him and his father in ●efo●e●ce their acted and executed power in that ●oore County that whom they will they set up yea even as arch blades as Sir George himselfe and whom they will they pull down and all the people there in a manner tumble and feare before them But this is not all for the Parliament upon the clearing of the Country sent a Magazine of Ammunition and Armes downe which was landed and laid up at Sunderland in the possession of my Vn●le Mr. George Lalburn one of the Deputy Lieutenants and Iustices of Peace c. of the County which Sir George Vaine by his supreame prerogative sent for away and put into his Fathers Castle of R●b no laid in store of Provisions there but I will not say he sent for some scores of Cavieliers from a Castle in York shire to come and take possession of it so soone as be had so done but this I will say that they did come and take possession of it with a great deale of ease and it cost the Country some thousands of pounds before they could take it againe So here you have at present a briefe relation of the game that Sir Henry Vaine hath plaid this many yeares together by meanes of which he hath got a great estate but I may say an ill estate to leave to his son Sir Henry principally a man for all the experience I have had of him and I have had not a little no whit inferior in my apprehension to his Father in Machiavels principles for all his guilded professions and truly it is very strange tone what the Family of the Vaines hath deserved of this Kingdome that they must have so many thousands pounds a yeare out of the Kingdomes Revenue in its present great and extraordinary poverty as they have never any of which ever hazarded the shedding of one drop of blood for the Parliament or Kingdome And besides the two sonnes before mentioned there is a third lately come out of Holland that was a Captain there and though he hath not one foot of Land in the County of Durham yet he is as I am informed lately made a Iustice of peace and hath besides profitable and gainefull Offices there I pray Sir what doe you thinke such doings as this of which the Parliament is full as I could easily declare doth portend to the whole Kingdome doe you thinke that it portends lesse then absolute vassolage and slavery to the whole Kingdome by a company of base and unworthy men set up by the people whom they may if they please pull downe by calling them home and chuse honester men in their places in a new Parliament to call them to a strict accompt without doing of which the lawes and liberties of England are destroyed and our proprieties utterly overthrow that doe and will tyrannise ten times worse ov●r us then ever our prerogative task masters of old did Sir sure I am by the antient good just and unrepealed laws of England it is inacted that a Parliament should be holden every yeare once or m●re oftner ●f●●ed require for the maintenance of the lawes and the redresse of divers mischiefes and grievances which dayly happen 4. E. 3.14 and 36. E. 3.10 And by the act made this present Parliament in the 16. yeare of the King called an Act for the preventing of inconveniences hapning by the long intermission of Parliaments there It is provided in ease the King doe not performe his duty to the Kingdome in summoning of Parliaments as he ought that then we shall have a Parliament once in 3. yeare whether he will or no as appeares by the Act it selfe which most excellent Act is altogether fruitlesse to the Kingdome if we must have a perpetuall Parliament and therefore an everlasting Parliament is the greatest abridgement and de●●ustion to our lawes liberties and proprieties that possibly can be imposed upon us the present Parliament men being in their owne principles unpuestionable lawlesse uncontrowleable and so are a kind of Monsters rather of the Divells creation then Gods for he never created and made any man lawlesse during all whose fitting as they by their actions order the matter we have no propriety in our lives liberties estates or trades for all of them are subject to be destroyed by a Vote and 〈◊〉 sometimes it may be carried but by the Vote of one of D. Bastwicks N●nyes or 〈…〉 Prynt Minors or Infants it may be but of 18. yeares old 3. yeares younger then any 〈◊〉 to be by law that can sit in that House nay to such a hight of tyrannie are these 〈…〉 grown that they by Vote without law of reason take our liberties from us upon 〈…〉 and false report of any of their Members or any of their secofanising Catch pouled 〈◊〉 either the bearing us speak for ourselves or so much as telling us the cause wherefore 〈◊〉 imprisonned and this the last yeare in every particular was my portion by the mean●● of 〈◊〉 William ●●th●ll Speaker of the House of Commons D● Bastwick and that bas● and 〈…〉 fellow Col. Edward King who divers yeares agoe deserved to be hanged for be●●●ing 〈◊〉 trust reposed in him by the Parliament this was lately the portion of Major T●●●● by 〈◊〉 means of M Hollis Sir Walier Ea●le Sir Phillip Stapleton Sir Sam. Luke the rest of their g●● trusty and doubty Associates O brave Parliament Which by its constitution on and primitive practises was a Bulwarke to secure the Commons of England from being ca●e● up and destroyed by the prerogative and wills of the Kings of England but ha●●●● now f●r ●aken this first station destroyes us with unknown unlimitted and arbitrary priviledger more th●● 〈◊〉 the prerogatives of any King of England since the first day of M●g●● Ch●●tas estiblish●●● and are unaccomptable for any thing they say and doe yea and doe not only act the Parliamentary power but also a regall power yea and though they count themselves the great●●● Iudges in the Kingdome yet contrary to law justice reason and conscience take upon them for sees which I may call bribes to plead causes before Iudges of their own making who dare as well ease their fingers ends as displease them and then in conclusion it may be the very same causes by way of appeale comes before themselves as supreame Iudges and judge yo● how those causes must goe in which they have been and it may be are Hackney Counseller which they ought not in the least to be it being not only contrary to law but the 〈◊〉 of Iudges that any Iudge should give Counsell or be a Counseller Yea Parliaments in former
times used to be so carefull in the discharge of their Da● for the welfare of the people that did chuse and be trust them that they would impose nothing upon the people that might be a burthen to them without acquainting them first with●●● 〈◊〉 Sir Edward Cooke that learned Lawyer in the 4. part of his Inst●●●tes Chap. of the high Court of Parliament fol. 1● declares his words are as followeth which is printed by the present Parliaments speciall order It is also the law of the Parliament that when any new device is moved on the Kings 〈…〉 Parliament for his aid on the like the Commons may answer that they ●●●der●d the Kings sate and are ready to aid the same only in this new device they dare not agree without conser●●●ce with 〈◊〉 Countryer whereby saith he it appeareth that such conferences is warrantable by the law ●●●●stome of Parliament And folio 34. he saith that at the Parliament holden in the 9. E. 3. whe● a m●●ion was made for a subsidy to be granted of a new kind the Commons answered that they would b●ve conference with those of their severall Countries and places who had put th●● 〈◊〉 trust before they treated of any such matter Set my b●●k●●alled Innocency and truth just f●e● pag 60. But now things by the present Parliament are so carried as if they were absolute Lords over al the estates of al every individuall in the Kindom that chuse and trusted them and as though they might leavie upon them at their wills what they pleased and dispose of it how they pleased even to their own particular pockets to the inrichment of their particular selves See the Opressed mans Oppressions declared pag. 22 35. Regall Tyranny p. 10● ●04 105 106. and Londons account So that the People now are without a Bol-warke to preserve them from being swallowed up by unlimited prerogative unknown priviledg●● exercised by them so that by their owne principles if they vote to set up ●o●ary o● the ●urki●● A●●●●● 〈…〉 it be cause they vote and declare it and if they vote into their owne 〈…〉 we must give them unto them or if they vote to monopolise unto themselves ●ll our ●ives and children we must part with them to them because they vote it and have no remedy to helpe our selves because we have trusted them O brave Parliament principles though we never intended them in the least any power at all to doe what they list nor any other power but only ra●iona●ly to the best of their understandings according to justice 〈◊〉 and right ●eason to provide for our greater happinesse and better well being which they themselves before they had ●or the King and his party downe did honestly confesse book ●ecl 1 〈◊〉 pag. 1● 〈…〉 to call the Iudges to an account and to punish them if they should per●●●● the law and justice of the Kingdome either by the King flatteries letters commands or threats which the law expresly ●aith they are not in the least to regard in the administration of justice 9. 〈…〉 8.5 E. 3.9.14 E. 3.14 11. R. 2.10 And if they see cause to call the Lord 〈…〉 c. to account to know and see if the publique Treasure of the ●●●dome be 〈…〉 according to the end and uses that it is assigned 〈…〉 for the good preservation safety and protection of the Kingdome and not to be imbe●elled or ●●●●●ed 〈◊〉 ends or use 〈◊〉 warrantable not justifiable But they were never in the least betrusted with a power to protect and beare out their own Members in all manner of treachery and basenesse committed by them against the Kingdome as I could easily instance they have done in divers and to cheat and 〈◊〉 them of great and vast sums of their money and yet not to be liable to be called to any account for it see Mr. Andrew Burrells Remostrance to the Parliament of England and the state of Irish affaires presented to the Parliament by the Committee of adventures in London for Ireland and Regall Tyranny pag. 101 102 103 104 105 10● in which pages i● i● declared that a right reverend Gentleman of the House of Commons Sir John Clotworthy and his agent Mr. Davis have put in their particular pockets 97195. l. of the money raised for the relief of Ireland and I have heard that the foresaid Committee of L●●dou●r● ha●●●s●●●ted Sir J●●● Clotworthy to the purpose in the House of Commons about 24000. d. that they possitively say he hath in his hands if as I am informed he had not by a great deale of industry found some very great Citizens tardy contrary to the law in transporting beyond the Seas Silver and Gold who improved all their interest to keep him from complaining and it is thought prevailed on purpose with the said Committee to cease prosecuting Sir John Clotworthy that so he might cease of securing them for their transportations nay it is verily though some lickt their fingers soundly about this businesse for I have from very good hands heard there are some notable blades about London that can easily discover so many great men about London capitally tardy with transporting of the Kingdome treasure beyond the Seas that if there were any that would doe impartiall justice in 〈…〉 the penalty of the lawes divers hundreds of thousands of pounds might easily be raised to be put into the publique purse only it were worth the Commons of Englands serious looking to it that three quarters of it were not put into particular Parliament mens pockets Oh for a new chosen Parliament to find out that almost unfadomable knavery that i● amongst divers of this Parliament about mighty sums of the publiques money J d●re boldly aver it that all the businesse against Strafford Canterbury Lord Keeper Finch Lord Chieft Iustice Br●mstone Iudge Ba●●let Barron Tr●ver Sir George Ratcl●ffe The Farmers of the Custome house Alderman Abell Mr. C●●vet and the rest of their Cater-piller brethren Monopolisers was never when they were openned more odious to the people then the villanny and roguery of divers of the present Parli●●●●● men would end●ay appeare if there were any uncorrupted and ●●partiall ●udge●● 〈◊〉 open which 〈◊〉 they are is impossible to be found or had they being generally and 〈◊〉 in a manner so corrupted with ●●g●●ing the States money that for my part I am very 〈◊〉 dea● of it they da●e not ●ip up one anothers knavery for ●eare he that first begins gets a 〈◊〉 himselfe before he hath done Yea I have observed it for divers moneths together that 〈◊〉 a common practice in the House of Commons that as soone as a Soldier is chosen a Parliament man of whose honesty valour and boldnesse many people had high thoughts of but ●●minatish him and low up his lips which gifts doe Pa●● 23.8 Deut. 16.19 Eccles 1● 11 within a moneth or six weeke● very commonly order that he shall have his Arrears can ●pa●● paid him of else a Vote for 〈◊〉 or
5000. l. for one losse or another so that for my part I 〈◊〉 though a man be never so gallant when he is in the field yer such bewitching baites of money c. is in the House of Commons that as soone as he comes to sit there he is in my thought● three quarters spoyled yea and it may be in a very little time will be an enemy to that gall●● try and down right honesty he in the field professed so that for my part of all the late Commanders that have been chosen to fit in the House they are so taken with the Silver baites of that House that I professe for my part● will not give a groat a dozen for them to doe the Common wealth service in their present plate unlesse it be one or two at most amongst them therefore say I let us earnestly contest for the inioyment of our iust nationall liberties and the long and antient just laws of B●gland to have every yeare afresh and new Parliament to call this to an account for all our money they have had and all the iniustice they have done us 〈◊〉 our which we are destroyed both in our lawes liberties and proprieties but if any shall 〈◊〉 the Kingdome in generall will ●●d great hazards by a new choise I say no for if never ●●ch base men be chosen if we have a fresh Parliament every yeare to sit three or four score d●yes a● most it will be as a rod kept over their heads to awe them that they shall not dare to doe the Kingdome one thousand part of that into slice that this Parliament hath done for feare the next Parliament they shall be questioned and then loose their head or estates Therfore for the Kingdomes good in generall it is worth the indeavouring to get the same provisor● in a● annuall act that now is in the trianiall made the 16. yeare of the King to settle the government of the Kingdome either by the King againe of some otherway that the Parliament shall think sit by chusing out a Committee amongst themselves to mannage the great affaires of the Kingdome till the next free and new chosen Parliament for now we are under a La● when Parliament men please to destroy us and when the Law will not reach us then their will shall tell which be done England shall never inioy iustice impartiallity but be in the absolute condition of as perfect vassolage and slaverie as either the Turks in Turky o● the Pes●n●a France or the Boor● in Fl●nders having neither the inioyment of liberty nor propriety now it being I wil maintain it the greatest act of breach of trust that ever the King did in his life when he passed the Act called the Act to prevent inconveniencies by untimely dissolving the Parliament made 1641. to let both houses sit as long as they pleased and so make sitting in Parliament a Monopoly and heriditary to them and their heires for ever which is such a palpable and visible violation of our essentiall and fundamentall liberties that it is lesse to be induced by the honest free men of England then any act of iniustice or violence that ever he did to us in his life for this is so universall that it absolutely destroyes both our lawes liberties trades and proprieties and makes us all perfect and absolute slaves but Parliament men and their new made and created creatures there being nothing wanting but the Kings consent to the twelfth Proposition that both houses by law may levie upon the People what money they please and doe with it what they please and never be accountable and therefore I will adds ●●ft thing to those things of g●●●●sh evill mentioned by 〈◊〉 i● 〈…〉 del●●●ery before ●●y booke called To Charters of London and pray from the Popes 〈…〉 Kings ●●limited Prerogatives Parliaments unknowne priviledges the Lord Major Court of Alde●●●en and the rest of the prerogative Common-Counsell men of London● impl●●● saith ●ut especially from an everlasting Parliament Good Lord deliver honest John Li●b●rne Now Sir I come to speak a few words unto the state that ye●● are in by reason of the trouble I have brought upon my selfe a you thinke by owning of my booke to which I answer Alass● I professe it seriously death it selfe is more acceptable to me then to live and be without cause destroyed in a Gaole what should I be affraid of For I assuredly know God in Iesus Christ is my reconciled father in the strength of which I have walked stedfastly above these ten yeares so that I without doubt know he hath in store for me a crown of eternall glory in the Kingdome of glory And Cursed be he that is afraid of 〈◊〉 that shall die and of the s●●● of man which shall he made as grasse and forget test the Lord his make that stretcheth forth the heavens and laid the foundations of the Earth Esay 11.12 13. And truly ●o extraordinary large experience have I had of God unfadomable loving kindnesse and truth that there is nothing but sinne can make me afraid For the Lord is on my side I will not feare what man can doe unto 〈◊〉 Psal 118.6 and 56 4.11 Heb. 13.6 which I am principally tyed from by that over●owing bounty goodnesse that I have taisted in God And for my wife and children which most troubles me unto who●● I ought and I hope have and do● beare a husband and fatherly affection unto yet alasse shall I for love of them sin against my owne soule and be silent when my conscience from sound grounds tells me God would have me to speake to reprove the perversnesse and stiffe nedeednesse of an Hypocriticall uncircumcised in heart generation of men that under specious pretence a goe about to inslave their native Country and so by consequences strongly endeavour to destroy my wife and Children as well as my selfe who must undeniably perish if I should live with them if the law and justice of the Kingdome be overthrowne which cannot in likelyhood be avoyded if God should not open the mouthes of some to speake reprove and informe and God having ●●●asted me with a Talent yea and by my unjust imprisonment put an oppertunity into my ●and to improve it for his advantage and glory accursed should I be in my own apprehension if I should tye it up in a Napkin and hide it And besides when all ordinary meanes failes to contest for my right without the injoyment of which my wife and children in the eye of reason most perish and be destroyed In my understanding is the only way to obtaine it but if in the persuit of my present contest I should loose my life I can lay it downe with a great deale of comfort and commit my wife and children with a great deale of confidence to the faithfullnesse and co●e of God who hath manifested so much unto me in all the straites and extremities that ever I was in for the faithfull discharge of
highest nature and to punish him or them that is not in the hundred degree so guilty and yet this is my case where if here I could not defend my selfe although I believe I should be able to give them good store of strong and pulling reasons which now I will not communicate to you but yet they would goe one and presse me to plead to the indictment I should desire to see and know whether or no my Iury of twelve men of my equalls were all legall men or no yea and something more besides And in the first place if I were indicted for treason I might by law except against 35. Jury men without tendering any reason for it see the 32. H. 6. folio 26. ●4 H. 7. folio 19. Stam. Pleas Crowne folio 158. Cockes 3. part Institutes folio 24. and 27. and then I might except against so many as I could declare bore me a particular mallice * See 28 E. 3.13 ● H. 6.29 for pre-judgement is a good challenge by the law for the common law of the land i● that a Iury man must be in different and impartiall before he be sworne see Stanfords Pleat of the Crowne lib. 3. folio 158. and Britt●n in his discourse of the lawes of the Land folio 12. and 25. l. 3. chap. 3 12. Ass plea. 30. Br● Challenge 42 101.120.142.1●6 And so within the compasse of malicions men against me would come all the Presbyterians that have taken the League and Covenant in the second Article of which b●d●●● part fol. 415. they have iliegally and unjustly sworne to destroy and extirpate all Heretique●● one of which they iudge me to be because I will not take that ilegall Oath nor be conformable to their Scotch Antichristian Presbytery and so have sworne to destroy me before I be legally convicted which is wicked and unlawfull For a man bound by an Oath before to doe that which he is to doe upon the indictment evidence and proofe thereof is partiall and not in different see Cookers pare institutes libr. 1. chap. 12. sect 234. pag. 156. who saith expresly I ●ers must be me● without all exceptions And by the Statutes of 2. H. 5.3 and ● H. 6.19 It is inacted that ●o person shall be admitted to passe in any inquest or Iury upon tryall of the de●th of a man or i● any inquest betwixt p●●ty or party in Plea reall nor in plea personall whereof the debt or the dam●age declared amount to forty makes if the same person or Jurer have not lands or tenements of the year●ly va●● of forty shillings alwayes provided that the party to be tryed doe make his challenge And by the Statute of 17. Eliz chap. 6. It is inacted that is all cases where any l●rers to be returned for tryall of any issue or issues ioyned in the Kings be●ch Common pleas and the Exchequer or before 〈◊〉 isg●ates of Assize shall every one of them have estate of free holdin lands I e●iments or Heredi●●ments to the yearly value of 4. l. at the least and the Sheriffe or other Ministers unto whom the me●ing of the Pa●nell shall appertaine shall not returne many such pannell any person unlesse be ●●y dispend foure pound by the yeare at the least of free hold out of ●●●ient demesue within the County where the issue is to be tryed upon paine to forfeit for every person so returned in any such p●●●ll that cannot dispend 4. l. free hold 20 s. It is true that by the Statute of the 33. H 8.13 it is in●cted That every person and persons being the Kings naturall Subject borne which either by the name of a Cuizen or of a froe 〈◊〉 or a●● other name doth inioy and use the liberties and priv●ledge of any City Burrough or T●●●●●porate where be dwelleth and m●k●th his abode being worth in moveable goods and substance to the cleare value of 40 l be from henceforth admitted in tryall of m●rthers and●el●nies in every 〈◊〉 and Gaole delivery kept and holden in and for the liberty of such Cities ●urrought and Town●●●● p●rate albeit they have no frethold provided alway that this act doe not extendin any 〈◊〉 of wise to any Knight or Esquire dwelling abidi●g or resorting in or to any such City c. And I by vertue of having been à Lieutenant Colonel ●m an Esquire as may easily be proved one of the Herauld of Armes Office and therefore in what place soever I am or shall be tryed 〈◊〉 lawfully make ●y exceptions against every man of my lury that is not worth in free land 〈◊〉 ●lper annum And besides if none of these will doe me good I have this last remedy that I am con●ident I shall legally and fully prove any charge whatever that in that booke I lay upon the Parliament in generall or any member of it in particular if I may from them injoy the benefit of the law and then I pray what doe they gaine or I loose by owning and arowing the 〈◊〉 booke But if you thinke that by owning of my booke they are thereby so exasperated that I 〈◊〉 the hazard of being destroyed by them by an act of power and will to which I answer by that law neither you no● any man in England is safe but liable to be destroyed at their pleasure jo● the lesser part of themselves are liable by that law every houre to be destroyed by the Vo●● of the Major part and then the Major part are liable every houre to be destroyed for acompany of Tyrants and forsworne perjured men for●re king all their Oaths which they have taken is ●antaine the law of the Kingdome and l●ke absolute Tyrants have made their will a law by any company or multitude of men stronger then themselves which if they should goe this way to work they would every houre be justly in feare of but if they should be so farre be stuped and b●fo●ted as to run the hazard of their owne deserved ruine by destroying me by an act of power is cold blood by the law of their owne will I for my owne particular should be no loose● by ●y translation from an earthly death to an eternall life and therefore I feare not their malice nor care not a straw for the worst they can doe to 〈◊〉 being notwithstanding the feare of your selfe and other of my friends resolved so to provoke them that they shall either be necessitated forced out of meer fear or shame to do me justice right by making hearing my report now in the hands of slugg●s● Mr. Henry Martin whose pris●ner principally I n●w a● judging my case and setting me free at liberty and giving me legall reparations for my illegall and unjust sufferings ●relse out of meere madnesse surie and revenge to send me to Ryturne to be ●id of me of which I am not in the least afraid and doubt not but if God should so ●orsake them and the Devil ●o fure lead them as there to hang me but at and
owne advantage and hoped for benefit notwithstanding the ch●●pt of 2000. l. c. against me but Mr. Pryn pressed that I might speedily come againe that so the state might not suffer by reason of the moneys I had received and before them stood charged with Truly Gentlemen for all this charge I ●m every consider●●● shall make it evident that I have been and am as free from defrauding the State or any of my officers or S●●●●e●s of a penny as any man in England that ever the Parliament imployed and I am ●ure that J am not in the Parliaments debt but they in mine and seeing that which J seeke from them is but some hundreds of pounds and the businesse I am now of following of concernment to me two thousand pounds thick I pray give me leave for a time to lay the lesser concernment aside that so J may not be disinabled to prosecute the obtaining of the greater and Sir if you Mr. Pryn thinke I am not responsible to answer the charge you may either put in a barre to make stoppage of the money I expect to receive by my decree or else I will put you in good securitie to answer this charge With which the Committee was satisfied and demanded of me what time I would demand but I told them I conceived it not ●●●venient for me to make my demand before I heard how long time they were willing to give me and they bid me take a moneth or six weekes for which I thanked them but withall to●d them I would be with them sooner if I g●t my businesse done but if I could not get it done J ●old them I thought I should sca●ce be able to wait upon them ●ell I had perfected that so they left it indifferent And this relation which here I have made for the substance of it is a reall truth I doe protest it in the sight and presence of God and therefore dear friend I pray you judge and consider seriously of the ●itter and implacable mallice of this lying and base fellow Will●am Pryn for I doe assure you to 〈◊〉 remembrance I failed not to be at Westminster every day the Parliament sate to follow my foresaid businesse from the day of my being before he said Commi●●●●ee of acc●unts to the day of my unjust imprisonment in New gate by the Lords which I am confident of William Pryn by his secret and close designes h●d a finger in and that he laboured by all the in a●●●s he could to ●inder me from obtaining my said two thousand pounds for immediately upon my good successe in the Lords house his brother in Evill Doctor Bastwick put in his businesse of purpose to clo● mine so they all sate still before I had likely without rub to obtaine my just desire and being a Presbyter obtained quick dispatch there and as I was informed fo●re thousand pounds for his damages although I am confident of it my bodily sufferin●s was twenty times more then his and I am confident of it in the eye of reason there was twenty times more visible ground for his sufferings th●● mine I having not writ● line against the Bishops c. nor medled with them tell they forced me to flye London and hee had avowedly writ divers provoking and invective bookes against them before his sentence in the Star-Chamber And b●sides I am confidently perswaded Pryn was the maine instru●e it to provoke his rea●●e our Tyburne deserving comrad and extraordinary great associate Colonel Edward King to arrest me upon he 14. of April 1646. in a false and fained action of two thousand pound for calling him Traytor which I aver he is to the Parliament if a man can commit treason against them having ●s will easily be proved if the Parliament would doe any justice upon knaves and Vi●●ams betrayed his trust reposed in him derivitine from and by the Parliament at Crow●a●d c. which said unjust arrest did not only disinable me to follow my businesse but necessitate me to write that f●●●ll Epistle to Judge Re●●● dated the 6 of Iune 16●6 now in print and called the Iust mans Iust●fication in which I have so truly and lively pictured the said unworthy follow King that I beleeve all the picture drawers in England cannot mend it and being necessiated by way of defence to touch ●●e Lord of Manchesters exceeding guilty conscience for protecting Col. King from the ●allowes contrary to justice and right and the Law marria● established by ordidance of Parliament u●der which authority they both fought though J am apt to thinke neither of th●● ever ●ild anything that had more danger in it then a R●t yet I say for that very Epistle the Earle of Manchester as to me is visibly caused me upon the 10 of Iune 1616. to be summoned up to the Lords barre who by law ar● none of my Iudges * Se Magna Charta Chap. 29. and the Petition of Right which confirmes i● Cooke 2. part institutes fol. 27 ●8 46. 47 48. V●● Plebis pag. 3● 3● 29 ●● 41. Regalley●nny page 43. 44 7● 76. Londons Liberty in Chains discovered pag. 68 69 the Oppressed mans oppressions declared pag. 17 18 19 the out cryes of oppressed Commons pag. 2 3. 4. also the Anotomy of the Lords tyranny being not any Peers and Equalls and there himself● being Speaker would c●ntrary 〈…〉 ●ined me upon inter regri●●ies for which 〈◊〉 necessitated in writing to pro●●st against 〈◊〉 which pioust you may read in the 5. 6. p●ges 〈◊〉 The Fr●●● 〈…〉 ●et which they unjustly committed me and for which to this day I lye by the heeles so not doubting but I have fully 〈◊〉 your objection I commit you to God and rest your faithfull and true friend ready to lay downe his life for the liberties of his Country Iohn Lilburn From my unjust captivitie in the Tower of London for the almost destroyed lawes and liberties of England which condition I more highly price though in misery enough outwardly then the visablest best condition of any Member whatsoever that sits in either or both houses being all and every of them for sworne having all of them taken oathes to maintaine the Lawes and Liberties of the Land and yet in their dayly practice destroy them of which sin and wickednesse they are all of them guilty in regard they all sit there in silence and doe not publiquely and avowedly to the whole Kingdome according to their duty declare their dislike of their crooked unjust and Englands destroying wayes this 30. April 1647. John Lilburne FINIS