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. â4 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 â H. 6.29 for pre-judgement is a good challenge by the law for the common law of the land iâ 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 Brittân in his discourse of the lawes of the Land folio 12. and 25. l. 3. chap. 3 12. Ass plea. 30. Brâ Challenge 42 101.120.142.1â6 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 bâdâââ part fol. 415. they have iliegally and unjustly sworne to destroy and extirpate all Heretiqueââ 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 âers must be meâ without all exceptions And by the Statutes of 2. H. 5.3 and â H. 6.19 It is inacted that âo person shall be admitted to passe in any inquest or Iury upon tryall of the deâth of a man or iâ any inquest betwixt pââty or party in Plea reall nor in plea personall whereof the debt or the damâage declared amount to forty makes if the same person or Jurer have not lands or tenements of the yearâly vaââ 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 lârers to be returned for tryall of any issue or issues ioyned in the Kings beâch Common pleas and the Exchequer or before ãâã isgâates of Assize shall every one of them have estate of free holdin lands I eâiments or Herediââments to the yearly value of 4. l. at the least and the Sheriffe or other Ministers unto whom the meâing of the Paânell shall appertaine shall not returne many such pannell any person unlesse be âây dispend foure pound by the yeare at the least of free hold out of âââient demesue within the County where the issue is to be tryed upon paine to forfeit for every person so returned in any such pâââll that cannot dispend 4. l. free hold 20 s. It is true that by the Statute of the 33. H 8.13 it is inâcted That every person and persons being the Kings naturall Subject borne which either by the name of a Cuizen or of a froe ãâã or aââ other name doth inioy and use the liberties and privâledge of any City Burrough or Tâââââporate where be dwelleth and mâkâth his abode being worth in moveable goods and substance to the cleare value of 40 l be from henceforth admitted in tryall of mârthers andâelânies in every ãâã and Gaole delivery kept and holden in and for the liberty of such Cities âurrought and Townââââ pârate albeit they have no frethold provided alway that this act doe not extendin any ãâã of wise to any Knight or Esquire dwelling abidiâg or resorting in or to any such City c. And I by vertue of having been à Lieutenant Colonel âm 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 ãâã lawfully make ây exceptions against every man of my lury that is not worth in free land ãâã âlper annum And besides if none of these will doe me good I have this last remedy that I am conâident 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 ãâã booke But if you thinke that by owning of my booke they are thereby so exasperated that I ãâã the hazard of being destroyed by them by an act of power and will to which I answer by that law neither you noâ any man in England is safe but liable to be destroyed at their pleasure joâ the lesser part of themselves are liable by that law every houre to be destroyed by the Voââ of the Major part and then the Major part are liable every houre to be destroyed for acompany of Tyrants and forsworne perjured men forâre king all their Oaths which they have taken is âantaine the law of the Kingdome and lâke 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 bâfoâted 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 looseâ by ây 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 ãâã 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 sluggâsâ Mr. Henry Martin whose prisâner principally I nâw aâ judging my case and setting me free at liberty and giving me legall reparations for my illegall and unjust sufferings ârelse out of meere madnesse surie and revenge to send me to Ryturne to be âid of me of which I am not in the least afraid and doubt not but if God should so âorsake them and the Devil âo fure lead them as there to hang me but at and
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 âath and of all the Committees thereof that legally and âustly 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 againâ by way of prevention I amnecâssitated 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 lâillegall 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 Magâa Carta and the 5. E. 3 9 and 25. E. 3.4 and 2â 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 Charleâ which expresly saith no man ought to be adjudged but by the lawes establâshed 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 abolishâth the Star-Chamber and by the Statute that abolisheâh ship money and you your selves with your hands lifted up to the most high God have often sworne vowed proâââted and dâeââred 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 indâgnation 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 forââentioned good and iust lawes But if you should I cannot nor shall not willingly stoop unto âây tryall that is contrary to the pattern of the forementioned honest iust and good lawes and if you please to let me ââioy 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 bâluâ nor honourable for the house of Commas to punâsh me either for a pretended or reall crime committed by me in a bard tedious provoking and uâiust imprisonment while my case is depending before themselves and I by themselves extrâamly 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 toâay 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 âe 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
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 othââ 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 knâw 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 goodââ 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 foreceâbly enter my house or any other free menâ of England upon any precence what ever but the forementioned ãâã 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 whâttâker 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. Câue 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 bâsinesse 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 pâbliââe had use to make of him against the Earle of Strafford who was one of the chiefe men that stood in their way and hindâed 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 Commâns unto which I shall desire toad one more and that is of their partialliây in judgement which the Kâng 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 houââ 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 legâll 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 reâedy pay him with my pen as well as ever he waâ 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 Oxfoâd 1643. and in the second part book decl pag. 100. printed Anno 1646. where in pag. 10â he chargeth them possââvely that the maintenance and advancement of Religion justice liberty propriety and peace are really but their stalking hoâses and neither the gâound 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
enough Where my Cornet received 100. of the Cambridge Committee in part of the foresaid debenter out of which I paid my Officers and all my Soldiers thân in being 14 dayes pay which according to the rules and practice of Warre I thinke is more then J ââeded ân strictnesse to have done for 14 dayes pay according to the forementioned Debenter comes to almost 130. l. all the slaine and dead payes of which tell the âext muster I might if I Would justly hâve mode my ovvn and then in my absence at Stamford as I remember my Lieutenant made a new muster from Whom I received three Wââkes pay and he himselfe paid the Soldiers their pay I thinke iustly for when I came down to them at Sir Richard Stones neare Huntlington heard no complaints from any of them Where I ãâã paid them 14 dayes pay I had râââved for them at London and they having lately at Melton Mobury had a Skirmish with Sir Mââmadâke Langdââ some of my Soldiers were wanting which my Lieutenant told me he did âânfidently believe were slaine upon which at his desire as I remember ââpaid three Soldiers that he had listed since the last muster but I was a looser by the bargain for the Soldiers supposed to be slaine were only prisoners whose pay after their deliverance I faithfully in Glocestershire c paid unto them and this is all the pay to a penny I received as an officer of Dââgoons being in all 91 dayes pay which for me comes to 91. l. And after this being in London Dâ Staiâes cold me my brother Robert owed him 10. l. which he lent him which he intreated me to pây him which I condiscended to if he Would got me a Warrant from my Lord for 20. l. which he did and I received ten pâunds of the Treasurer and he ten pound more and I gave him a receipt foâ 20 l. So here is a true account for all the money and pay I received and I was never unââllââââ to come to a true accompt but having alwayes truly sought for it for when the new Modell was a framing I was by no meine man profiâted a good command in it but seeing that visibly there was such bitter designes against the poors people of God who then as well as now were strongly indeavoured to be destroyed by them who with all their might they had indeavoured to preserve and also the lawes and iustice of the Kingdome to my understanding in a very sad condition I plainly told Lieutânant Generall Cromwell I would die for Turâeps and Carrets before I would fight to set up a povver to make my selfe a slâve which expression be relished not Well Whereupon I told him Sir I Will if I Were fire to fight againe never serve a jealoâs master While I live for the Parliament by their late Vote hath declared a iâ clousie in all men that Wâll not toke the Covenant Which I can never doe ãâã any other of their âathes and therefore seeing I have served them faithfully and they are grovvn iealous of me Without cause after so much assured experience of my faithfullnesse I Wiâl never in the mind I am novv of sââve them as a Soldier While I breath let them gââ Whom they please and doe what they pâease And upon my ceasing the life of a Soldier I with muâh industry and difficulty upon the 1â November 1645. got a Petition read in the House of Commons for my Arrear c. which Petition you may read verbatum with the Houses answer to it in the 64 65 66 67. pagâs of âââocâncy and Truth insâified where you will find they order That it be râfoâed to the Cââmittee of accounts to cast up and state the accounts of Lieut. Col. Lilburn and âocertifie What is due to him to this house Ordered that it be referred to the Committee of accounts to call Col. King and Dr. Stane before them and. to state their accounts and What is due to Lieut. Col. Lilburn from either of them And thought it were strange to me to be referred to William Prin my âortall malicious and deadly enemy yet I went to the Committee of accompts and what passed betwixt us you may read in the 68 page of the last mentioned book the sum of which was William Pryâ being in the chair tendered to me an oath which waâ to this effect that J should sweare what what was due unto me and what I had received and what free quarter I had had what horses and armes from the State which oath for the reasons there mentioned I refused to take and am stil resolved rather to loose all my money to be hanged before I will make my self such a slave by depriving my selfe of the benefit of the good and just law of England by taking such a wicked and unlawfull oath knowing very well that by the law of England as well as the Law of God a man is not bound to sweare against himselfe where either his own honour credit or profit is concerned And therefore having besides been plundered of divers of my papers concerning my Soldiers and Muster rowleâ at the seidge of Nowaâk whereby Kings meaneâ I lost foure horses my port manâle and cloathes c. to the value of almost 100. l. and was stript from the Crown of the head to the sole of the foot and forced to march divers miles without either has cap or Perewig having lately before lost my haire with sicknesse and cruell usage in Oxford Castle by William Smith that mercilesse Turke breaches or dâbâet bouts or shoots over hedge and ditchs for the safety of my life By reason of the losse of which papers it was impossible for me upon my oath to give an exact account and besides I never in my service dreamt of any such thing walking then by that rule that was established in the Ordinances then in being thinking that if the Army Comittee that was set over us to looke to us * See the Ordinance for the Earle of Manchesters Army of the 15. July 1643. b. d. 2. pt f. 275 â76 178. and of the 10. Aug. 1643. fol. 286. and of the 11. âct 1643. f. 360. and of the 20. Jan. 1643. f. 413 4â4 415.416 and of the â5 May 1644 492 493. and of the 26. Sept. 1614. f. 451.452 and compare them altogether and see if the Committee of accounts or their selfe accusing oath be in any of them and if not why am I required to take it and the Counsell of Warre that was to punish us for any the least misdemeaner committed had nothing to say to me nor accuse me of that I should have had my accounts audited and signed by those persons named in the Ordinances under whom I serâed and not be brought to a Committee at London that was not in being when âingaged my âse nor had all the while I was a Soldier no power over us nor never was in the field to know that belongs unto
owne advantage and hoped for benefit notwithstanding the chââpt 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 âm every considerâââ shall make it evident that I have been and am as free from defrauding the State or any of my officers or Sââââeâs of a penny as any man in England that ever the Parliament imployed and I am âure 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 âââvenient 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 toâd them I would be with them sooner if I gât my businesse done but if I could not get it done J âold them I thought I should scaâce be able to wait upon them âell 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 âitter and implacable mallice of this lying and base fellow Willâam Pryn for I doe assure you to ãâã 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 Commiââââee of accâunts 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 hâd a finger in and that he laboured by all the in aâââs he could to âinder 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 cloâ 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 foâre thousand pounds for his damages although I am confident of it my bodily sufferinâs 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 thââ mine I having not writâ 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 bâsides I am confidently perswaded Pryn was the maine instruâe it to provoke his reaââe 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 âs will easily be proved if the Parliament would doe any justice upon knaves and Viââams betrayed his trust reposed in him derivitine from and by the Parliament at Crowâaâd c. which said unjust arrest did not only disinable me to follow my businesse but necessitate me to write that fâââll Epistle to Judge Reâââ dated the 6 of Iune 16â6 now in print and called the Iust mans Iustâfication 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 ââe Lord of Manchesters exceeding guilty conscience for protecting Col. King from the âallowes contrary to justice and right and the Law marriaâ established by ordidance of Parliament uâder which authority they both fought though J am apt to thinke neither of thââ ever âild anything that had more danger in it then a Rât 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 arâ none of my Iudges * Se Magna Charta Chap. 29. and the Petition of Right which confirmes iâ Cooke 2. part institutes fol. 27 â8 46. 47 48. Vââ Plebis pag. 3â 3â 29 ââ 41. Regalleyânny page 43. 44 7â 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 himselfâ being Speaker would cântrary ãâ¦ã âined me upon inter regriââies for which ãâã necessitated in writing to proââst against ãâã which pioust you may read in the 5. 6. pâges ãâã The Frâââ ãâ¦ã âet which they unjustly committed me and for which to this day I lye by the heeles so not doubting but I have fully ãâã 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
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 issuâ 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 constituâion 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 iâ 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 saâe 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
Declarations * See the Oat cryes ãâã Oppressed Comâons pag. 4 5. 6. ãâã and Regall Tyânny pag 33. 34. ââ 72. 73. being the principall end wherfore the people chuse and trusted them to sit where they doe and therefore Sir I pray you let me goe on which was granted but before I could get through my paper there was a greaâ hurly burly amongst the Parliament men being extreamly netled at my par per which many of them expressed in their speeches to Mr. Corbet and desired him to silence me in the way I then was in and hold me to the question Gentlemen said I this is very strange proceedings that you will neither let âe alone nor let me speake Be it knowne unto you that I conceive J stand in need neither of merââ nor favour ââom you but only what reason Law and justice affords me neither doe I crave any âher priviledge at your hands but what the Eârle of Strafford injoyed from you although you ãâã selves judged him the greatest of offenders which was a free and uninterrupted liberty to âââk for himselfe in the best manner he could and to make the best defence for himselfe that ââssible all the wit and parts he had would inable him to doe and sure I am this is a priviledge due by law to every Murtherer Rogue Theese * ãâã See 1. H. 7. sol ãâã in Sâr Humpheââ Straffords case which I am sure the arrantest Villaine that is arraigned at Newgate Sessions for the noâorioust of crimes injoyes this priviledge as his right by law to speake his owne words in his owne manner for the best advantage of himselfe to his own understanding and it is very strange to me that I who am after man of Engâed and am not conscious to the committing of ãâã crime against the Law shall not be suffered by a ââââittee of Parlâament that have solemnly sworââ to maintaine the lawes to inioy that legall priââledge to speak my owne word in my owne manner for my most advantage and best defence that is ãâã nor legally nor cannot be denyed at any Assizes or Sessions to the most capitall bloody and aârânââ Rogât in England Truly Gentlemen I must plainly tell you I never was convicted of any crime ãâã that did in the least disfranchise me of my hereditary and legall Rights and Liberties nor ââer was legally in the least made uncapable of injoying the utmost benefit and priviledge that the ãâã of England will afford or hand out to any legall man of England But have at your command âây times and often adventured my life and all that ãâã had in the world lââ the maintenance and preâââation of the lawes and liberties of England with as much uprightnesse of heart and as much man ãâã âârrage and resolution as any member of the House of Commons what ever he be and therefore I tell ãâã before this Committee or any power in England what ever it be shall rob me of my just exâââed recompence of reward for all my labours travels and hazards which recompence of reward is the injoyment of the just priâiledges and benefits of the good lawes of the Kingdome I will spend my bea rt blood against you yea if I had a million of lives I would sacrifice them all againââ yââ and therefore seeing you have all of you solemnly lifted up your hands to the most high God and sworne to maintaine the Lawes of the Kingdome I desire you for your owne credits âake to deale with me so as not to give me to just cause to avouch it ãâã your faces you are a company if forsworne men and so to publish declare you to the whole Kingdome VVith this Mr Wever Burgesse for Stamford spoke Mr Corbet I conceive such reproachfull and dishonourable expressions as Mr. Lilburn gives us to our fates is not to be indured or suffered and therefore I beseech you let us be sensible of the honour due to our Authority and the house whereof we are Members Good Mr. Corlet I intreat you heare me for J desire to let that Gentleman know J am very confident I have not you said any thing that is dishonourable to the legall and iust interest and power either of this Committee or the house of Commons whereof you are Members and Sir if I should I conceive you are enough to beare witnesse against me and I thinke you judge your selves sufficiently indowed with power to punish me if I should doe as that Gentleman pretends I have done and truly Mr. Corbet J must againe aver it before you that I am no contemner nor despiser of the just and legall authority of the house of Commons neither doe I desire to affront or reproâch this Committee but I pray consider I am but a man and a prisoner under many provocations and to be so tosly âalne upon as I am by halfe a dozen of you at a time and interrupted in making my legall defence and not suffered to speake my own words is very hard and it is possible hereby I may be provoked to hear and in heat say that that is not convenient and sitting the which if J should doe I hope you Mr. Corbet have understanding enough to iudge and to reprove me for it and truly Sit upon your reproofe if I can possibly apprehend and see I have done amisse I shall presently Cry you peccavic But here abouts my wife seeing Mr. Wever so furious upon me as he was burst out with aloud voice said I told thee often enough long since that thou would serve the Parliamenâ and venter thy life so long for them till they would hang thee for thy paines and give thee Tyburn for thy recompence and I told thee besides thou shouldst in conclusion find them a company of uniust and unrighteous Judges that more sought themselves and their owne ends then the publique good of the Kingdome or any of those that faithfully adventured their lives therefore But J desired Mr. Corbet to passe by what in the bitternesse of her heart being a woman she had said unto them and desired him to let me conclude my paper and then J would give him a possitive answer to their question which was granted and I read out my paper the true copy of which at large thus followeth To the Honourable Committee of the Honourable House of Commons for suppressing of scandalous Pamphlets The humble Addresses of Liâut Col. John Lilburne Prerogative Prisoner in the Tower of London Feb. 8. 1646. Mây it please this honourable Committee this any I see and read a warrant under the hand of Mr. Miles Corbet dâââsed to the Lieutenant of the Tower to bring me before your honours sâââng in the inner Courâs of wards at two a clock this present afternoon but no cause wherefore is expressed in the warrâââ therefore in the first plaâe I desire and humble intreat this honourable Committee to take âoââe that I hoââââ and ââvereâce the constitution authority and
to interrogatories Neither lastly doâ I answer your interrogation out of any base tymerousnesse to betray the liberties priveledges of the lawes of England or to save my from selfe your insenced indignation and therefore protesting that my answering your question neither is shall or justly can be drawn into president in future time to compell me or any other free men of England to answer to interrogatories and therefore having premised these things affirmatively I reââturn you an answer to your question out of this consideration that when I pend that book I was inwardly exceedingly pricked forward to it and framed it with a resolution to lay down my life in the justification of it And secondly J return you an answer to the question out of this consideration that upon your summons I came before you with an absolute resolution to owne and avow that booke though I have been much by some of my friends perswaded to the contrary alwayes provided I could get some things effected before I did owne it which I have already done that so I might set it in a way to come to a legall justification For first J have got the doore openned that so I might have a rublique hearing as my right by law And secondly have obtained liberty though with much adoe to declare before you in the presence and hearing of all these people the illegallity of all yours and all other Committees proceedings inforcing the free men of England against the known and fundamentall lawes of the land and your own oather to answer to selfe accusing interrogatories and now having sully effected what I desired and thirsted after I come now with as much willingnesse and readinesse to answer to your question as you are to have me answer to it and avowedly I tell you I invented compiled and writ that booke and caused it to be printed and dispersed and every word in it I will own and avouch to the death saving the Printers Erratas which if you please to give me the booke and liberty of pen and inke I will correct and amend them under my own hand and return you the booke again with my name annexed under my own hand at the conclusion of it Well then said Mr. Corbet take the book and pen and inke and goe mend it truly Sir said I I have but one good eye to see with and yet for that I am forced to use the helpt of spectacles and I have very much this day wrained the strength of my eyes with reading and writing and besides the booke is fut sheets of-paper so that it is almost impossible for me seriously and carefully with my weak eyes to read it over this night but if you please to give me but any reasonable time I will be very punctuall in returning it to you againe so I had tell wednesday in the afternoone given me and accordingly I amended the faults under my own hand which principally were litterall and verball faults and at the conclusion of the booke I writ examined and avoned by me John Lilburn 10. Feb. 1646. And upon wednesday I inclosed the book with a copy of my forecited paper that I read at the Committee in a letter sealed to Mr. Corbet the Chairman of the foresaid Committee the true copy of which letter thus followeth Sir ACcording to my promise J have corrected the Printers Erââtas and subscribed my hand thereto ãâã and sent you back inclosed the very book you delivered to me with a truâcopy of my paper I read before you at the Committee which is all I have at present to trouble you with but to subscribe mysefe From my prerogative illegall and tyrannicall imprisonment in the tower of London this 10. of February 1646. A true and faithfull friend to the Common wealth of England and your reall servant if you will be true to the publique trust reposed in you and act for the preservation of the fundamentall lawcâ of the land Iohn Lilburn But after this little digression I return to the rest of that which followed at the Committee which was to this effect as soone as I had ownd the book and received the book from Mr. Corbet I said Gentlemen you having as I perceive done with me I shall humbly crave liberty to make one motion to this Committee for the discharge of my wife for by vertue of your warrant she is a prisoner for dispersing some of my bookes and truly gentlemen she is my wife and set at worke to doe what she did at the earnest desire of me her unjust imprisoned husband and truly I appeale to every one of your own consciences whether you would not have taken it very ill at the hands of any of your wives if you were in my case and she should refuse at your earnest desire to doe that for you that she by my perswasions hath done for me therefore I intreat you toser her at liberty and set the punishment of that her action upon my score so with one consent shâ was discharged for which I thanked them Now Gentlemen with your favour and patience I humbly intreat you to heare me but one word more which is this I was the other day tobd or at least plundered and had my house violently forceably without any colour of law or conscience entred an Iron larch drawn as I am infoâmâd by one Whittaker a book-seller who dwels in Pauls Church-yard who with others likâ high contemneis and âiâlaters of the law loaded away as I am informed three potters wâth me uâe and proper goods that I bought with my owne proper monie and he pretended he did it by vertue of a warrant from this Committee therefore I humbly desire to know whether this Committee will avow his action and bâ are him out in what he hath so done No saith Mr. Corbet he had no such power from this Committee as forceably to enter your house nor to meddle with any of your goode or bookes but only at randome to seize upon all of this booke where he could find them Well gentlemen then here is a high act of violence and contempt of the law committed for here is my house by violence entered and so many of my goods as they pleased to seize upon carried away none belonging to me being present to see what they did and my doores by them left wide open for any that had a mind to goe in and take away and rob me of all the rest of my goods that they left for which actions I hope I shall obtaine justice in time but in regard you say your warrant did not authorize him to take any of my bookes but The Oppressed mans Oppressions declared and yet he tooke away abundance of severall other bookes besides that which I bought with my monie I hope this honourable Committee will be so just as to command him faithfully to restore me them all again or at least all but the hundred of the present bookes in controversie
against the liberty of the Subject and also bloody Wicked cruell barbarous and tyrannicall Resolved upon the question That reparations ought to be given to Mr. Lilburne for his Imprisonment sufferings and losses sustained by that illegall sentence Ordered that the Committee shall prepare this case of Mr. Lilburnes to be transmitted to the Lords with those other of Doctor Bastwicks Doctor Leighton Master Burton and Mr. Pryn. Hen. Elsing Cler. Dom. Com. And though it war a matter of foure yeares before I could get this my case transmitted to the Lords the obstructing of which I cannot altribute to any but principally to that old crafty For Sir Henry Vaine who I am confident of it hath long since deserved the Ax or Halter and and his powerfull interest and influence especially by his sonne young Sir Henry though Machiavel like he faces and lookes another way who for âll his religious pretences I for my part thinke to be as crafty though not so guilty a Colt as his Father which I beleeve I could easily and visibly demonstrate which I groundedly apprehend I have sufficient cause administred unto me to doe especially for some suttle cunning but mischievous late underhand dealings by as guilded instruments as himselfe but at present for my own interest sake I will spare him though my âingers itches yet I must tell him I am very confident for all his âââguises he will shortly be known to consciencious men to be but at the best if he be no more then one of the pâeââgative quench coales to keep the people in silence from acting and âââring tâ deliver themselves from slavery and bondage And whenâ came amongst the Lords they the 13 Feb 1645. decreed that that sentence and all proceedings thereupon shall forthwith be for ever totally vacuated obliterated and taken of the file ãâ¦ã Couââs where they are yet remaining as illegall and most unjust against the liberty of the Subject and law of the land and Magna Charta and unfit to continue upon Record And ãâ¦ã said Lâlburn shall be for ever absolutâly freed and totally discharged from the said sâââââce and all procâeâing thereupon as âully and ample as though never any such thing hâââân c. ãâ¦ã may aâ large read in the foresaid relation yea and by an other decree ordered ãâ¦ã And down into the House of Commons they send my Ordinance for their câncuârance which is there again blâckt up as I may too justly conceive by the powerfull and unjust ãâã of the fore mentioned old tyrânnicall Monopoâizer Sir Henry Vaâne for which by Gods aâââstaâce sâeing I have no other ââmedy nor meanes left me to obtain my right and the ãâ¦ã of the Kingdome I am resolved to pay him and all that I can gâoundedly know and heare joynes and concurs with him to destroy me and hinder me of justice and my right which should preserve me and keep me and mine alive cost it hanging burning drowning strangling poysoning starving cutting to peices or what ever it will or can yea though it loose me all the interest I have in the world in any or all the great ones thereof put Lieâ Geââ Cromwell into the number And therefore J desire not only your selfe but all impartiall Readers that reads these lines to judge whether it be not the hight of partiallity and in justice in the House of Commons to ââââer him to sit and vote there especially they having throwne out divers others for ten times lesse faults then he is publiquely known to be guilty of and I desire you to satisfie me whether or no the people for their owne wellfare are not bound and may not groundedly petition the House of Commons to throw out him who is so great a transgressor and violater of the Lawes of England and therefore altogether unfit to be one of those that maketh and gives lawes unto the free men of England for in my apprehension if there were no more to be laid unto his Charge but to have been so unjust and unrighteous a Iudge as to have had a âinger in inflicting a sentence that is voted by the house of Comons in the dayes of their verginity purity and uncorruptnesse to what it is visibly now yea himselfe sitting as a Member there to be not only illegall and against the liberty of the Subject but also bloody wicked cruell barbarous and tyrannicall it alone were legally and justly cause enough for ever to eject him O England England woe unto thee when thy chosen preservers turne to be thy grand destroyers and in stead of easing thee of thy grievances with a high hand of violence protect from justice those that commit them and thou seest it and knowest it and yet art like a silly Dove without heart and dares not open thy mouth wide to reprove it and indeavour by petition or otherwise the amending of it surely and undeniably that body who or what ever it be that is not able to evacuate its excrements is nigh unto the giving up the Ghost or bursting out into such botches and ulcers that it shall be an eye sore to all that behold it and stinke in the nostrels of all men that have their senses But with your patience I will trace this old For a little further and see how he hath plaid his cards since this Parliament fate and to let passâ his unfaithfull dealings with his master the King whose Secretary of State he was and yet could not or would not keep his secrets which is an act base enough in it selfe although as J have been told by one very neare and deare unto him his places he injoyed under the King were wâith to him 8â00 l. per annââ but having as before is truly observed before this Parliament by acts of basenesse done ââhe was a Courtice and a ârivie Counseller too himselfe over booââ and âhooes and seeing that it was impossible for him and all his confederates to break of this Parliament as they did the late short Parliament therefore it behoved him for the safety of his own head to lay his designes so as that hâ might by the swaying party merit preservation to himselfe which to doe being as he was a Secretary pâârie to all the King and Courtâ principall secrets though he was under an Oath and the strictest obligation of seââecie that could be yet they must all out and out they went as in the case of the Earle of Strafford of which I have heard some great ones say it was scrued to the highest pin if it were not higher then in honesty justice it should but all this was done that he might not only save himselfe but gaine an esteeme in the present Parliament and so be in a possibillity by the interest of his son Sir Heary although to men that were halfe blind there was and I thinke still is a seeming enmity betwixt him and his Father in time to make himselfe amonds for his 8000. l a yeare by his places which by disserting
of the Committee and hath also the Posse commitatis of the whole County put into his hands as being the fitteââ man to be High Sheriffe there yea and noâirin that County what ever a King is in his Kingdome that saying of Daâiâl chap. 5.19 concerning the power of ââââbad nezzar being too truly verified of him and his father in âefoâeâce their acted and executed power in that âoore 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 Vnâle 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 Râb 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 ovâr 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 mâre oftner âfââed 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 deââustion 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 ãâã sometimes it may be carried but by the Vote of one of D. Bastwicks Nânyes or ãâ¦ã Prynt Minors or Infants it may be but of 18. yeares old 3. yeares younger then any ãâã to be by law that can sit in that House nay to such a hight of tyrannie are these ãâ¦ã grown that they by Vote without law of reason take our liberties from us upon ãâ¦ã and false report of any of their Members or any of their secofanising Catch pouled ãâã either the bearing us speak for ourselves or so much as telling us the cause wherefore ãâã imprisonned and this the last yeare in every particular was my portion by the meanââ of ãâã William ââthâll Speaker of the House of Commons Dâ Bastwick and that basâ and ãâ¦ã fellow Col. Edward King who divers yeares agoe deserved to be hanged for beâââing ãâã trust reposed in him by the Parliament this was lately the portion of Major Tââââ by ãâã means of M Hollis Sir Walier Eaâle Sir Phillip Stapleton Sir Sam. Luke the rest of their gââ 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 caâeâ up and destroyed by the prerogative and wills of the Kings of England but haââââ now fâr âaken this first station destroyes us with unknown unlimitted and arbitrary priviledger more thââ ãâã the prerogatives of any King of England since the first day of Mâgââ Chââtas estiblishâââ 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 greatâââ 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 yoâ 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 ãâã of Iudges that any Iudge should give Counsell or be a Counseller Yea Parliaments in former
5000. l. for one losse or another so that for my part I ãâã 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 thoughtâ three quarters spoyled yea and it may be in a very little time will be an enemy to that gallââ 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 partâ 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 Bâgland 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 ãâã our which we are destroyed both in our lawes liberties and proprieties but if any shall ãâã the Kingdome in generall will ââd great hazards by a new choise I say no for if never ââch base men be chosen if we have a fresh Parliament every yeare to sit three or four score dâyes aâ 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 provisorâ in aâ 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 Laâ 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 oâ the Pesânâa France or the Boorâ in Flânders 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 ââft thing to those things of gââââsh evill mentioned by ãâã iâ ãâ¦ã delâââery before âây booke called To Charters of London and pray from the Popes ãâ¦ã Kings ââlimited Prerogatives Parliaments unknowne priviledges the Lord Major Court of Aldeâââen and the rest of the prerogative Common-Counsell men of Londonâ implâââ saith âut especially from an everlasting Parliament Good Lord deliver honest John Liâbârne Now Sir I come to speak a few words unto the state that yeââ 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 Alassâ 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 ãâã that shall die and of the sâââ 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 âo 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 ãâã Psal 118.6 and 56 4.11 Heb. 13.6 which I am principally tyed from by that overâowing bounty goodnesse that I have taisted in God And for my wife and children which most troubles me unto whoââ I ought and I hope have and doâ 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 âââasted me with a Talent yea and by my unjust imprisonment put an oppertunity into my âand 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 coâe 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
my duty to him in endeavouring to keep my conscience unsported before him I pray read my Epistle dated 11. Nov. 16â8 and printed at the latter and of my answer to Pryn called Innocency and truâh justified Besides in my present imprisonment I am stripe of all industrious meanes to provide for my wife and children and am much more in the rode way by expences to destroy them then to lay up six pence for their future subsistance and which if long continued in the eye of reason I must either eat them or they me And therefore being in many straights in my owne spirit and under many capitall oppressions contrary to the law and justice of the Kingdome I looked up to God and pluckt up my resolution and put pen to Paper on purpose if it were possiblâ to give them a provocation to bring the forth to a publâque tryall that so if possible I could I might know what to ãâã to and yet so carrying âây businesse that I would in my own appreh ãâã ãâã have the law of the land of my side and advantages sufficient to render my adversarieâ ãâã and contemptable for their unjust proceedings with me and therefore it was that I ãâã âââpose before the forementioned Committee owned my book in that manner that I did which if I had not the credit of the book would have been blasted and divers other great inconveniââces to me would have followed And therefore knowing very well that though divers in the house of Commons were ãâ¦ã the book yet by law they themselves in their Arbitrary way could not try me for it the ãâã if they should or had attempted I should have shewed them their owne Oathes and Deââââtions where they sweare and declare to maintain the lawes and liberty of the land and should ãâã shall say to them as Tamâr said to Judah after he had in his unadvised rashnesse ãâã to death for being with child by ãâ¦ã but when she was ââought forth she sent to Judaâ ãâã Father in Law saying to the man whose thâse are am I with Child ãâã I pray theâ ãâ¦ã these the Signââ and ârasâeââ and Sââffe And Judah acknowledged them and said she hath ãâã more righteous then I ãâã because I gave her not to Shâââh my sonne and he knew her ãâã more Gen 38 14 15 16 c. Even so should I have said if they should have falne upon me with fury to have tryed me for writing my booke In their Arbitrary and Parliamentary wayâ and falne upon me ãâã as much heat for standing upon my legall priviledge as Judah did upon Tamar when he judged her to be burnt whose Oathes whose Covenants whose Declaration and Protestations ãâ¦ã thâse In all of which you have solemnly ingaged before the presence of the great God of Heaveâ ãâ¦ã and all the world that you will ãâ¦ã the lawes and liberties of the land Yeâ the House of Commons in their most excellent Declaration of the 19. April 1646. book ãâ¦ã folio 879 expresly say Thââ although the necessary of the wâr hath given some disturbanceâ to all proceedings stopped the usuall course of justice inforced the Parliament for the preservance of thâs Sâate to impose and require many great and unusuall payments from the good Subjects of thâ Kingdome and to take extraordinary wayes for prâââring of mâneys for their many pressing ââsiâns it having pleased God to reduce our affaires into a more hopefull condition then heretofore we doe declarâ marke this well That we will not nor any by colour of any authority derived from us shall interrupt the ordinary course of justice oâ the severall Courts and Iudicatories of this Kingdome nor intermeddle in cases of Private interest other where determinable unlesse it be ãâã case of male administration of âustice wherein we shall see and provide that right be done ãâã inflicted as thâââ shall be ocâââsion according to the laws of the Kingdome and the trust reposed in us whâch elsewhere they say iâ to provide for the peoples weale but not for their woe and in other of their Declarations they declare That the lâw and the ordinary course of âustice iâ the common birth-right of every Subiect of England and what the Law is in case of tryall they declare it to be one and the same with that expressed in my forementioned paper see â part book Decâââa pag. â 7.38.39.77 278.458.459.660.845 see also The Aâââotomy of the ãâ¦ã pag. 8 9 10. The Out-tryes of Oppressed Commons pag. 7 8. and Vâx Plebis pag. 13.14 15.6 c. And therefore if I be in an error or have committed an evill in the judgement of the Parliament for standing upon my legall priviledges against them verily by the men whoâe are these am I seduced deluded and led into error discerne I pray you whose are these these Remonstrances Declaratioâs Protestations Oathes Vowes and Covenants the benefit of which I ought to ãâã the which if they let me J shall let you know I was not nor am not altogether âosââit to know my owne priviledges at the Common Law for I know if they indict me ãâã they have wholly altered the government it must be in the King name and for committing a crime against him this is expresly the form of their ââdictmentââ I am sure can be found guilty of no crime committed against him unless it be at their command for drawing my sword fighting against him his Army in this I ãâã plead their own Ordinances and Declarations where they promise to beare me hirmâââsse for so doing and I am sure this is a good and sufficient plea before one of their owne Iudges who hath no other power but what he detives from one of their owne Ordinances which if he shall hang or destroy me or any man for actions done expresly in obedience to their Ordinances for any thing I know he ought to be hanged as a wilfull âurtherer for destroying me for doing actions in obedience to that power and expresly commanded by them from which he hath all his power and hath no other power to sit as a Iudge but by vertue of an Ordinance of the two Houses But if they should condemne me for this action what doe they else but condemne in me the whole Parliament and all that have in these warres adhered to them But if they should happen to indict me for acting committing or indeavouring to act or commit treason rebellion or insurrection against the Parliament I very much question according to Law and the present constitution of the Kingdome whether any such indictment can be made or no but if it can I wonder then the Parliament doth not then try the Cavieleââs in the severall prisons of London that avowedly and professedly have drawn their swords against them to destroy them yea and glory in it as their duty so to doe and truly it is the greatest injustice in the world to let those goe scot free that are guilty in the
by my death ãâã should Sampson like Iudges 16.28.29.30 doe them more mischiefe then I did them all my life by pâlling away the two maine pillars that upââ is their iâââafely to âe ãâã in house of tyranny And therefore if you would avoid the evill you feare to come upon me I intreât you to presse Mr. Martin with whom I know you are acquainted to make my report to the house which he hath so unjustly kept in his hands so many moneths to my unspeakable prejudice and the unconceiveable prejudice of the whole Kingdom and if he should say that their house are not in atemper to doe either me or the Kingdome concerned in me justice or right and therefore it is better for borne then made lesâ their house by Vote confirme what the Lords have done to me to answer which I must tell you I am as sure as that I am a man that I have the Law of England on my side against the Lords and which I thinke is unanswerably demonstrated in the foremen ioned books and therefore let their house be in never so bad a temper I most earnestly in t eat you to presse him to endeavour to make it and so quit his hands of it I care not what the issue beâso he doe but discharge his duty by attempting and endeavouring to make it and take some of his Comrades to beare witnesse of it and send me the names of those that in that House stand up against me to hinder and pervert the justice of the Kingdome in this particular case of mine and I shall thinke him an honest man and that he hath done his duty in endeavouring to obtaine justice and right for me at the hands of those that ought impartially to hand it out to me or the meanest Commoner and lâgall man of England but this Sir I doe assure you that if I âin upon good grounds know the names of those that interpose their power parts to hinder me of that justice right which is my due in this particular by the good just and unrepealed law of the Kingdome I will pay them with my pen upon the posts of London and to the view of the whole kingdome as well as all the wit praines and parts I have will inable me to doe cost it what it will I pray Sir presse Mr. Martin but to indeavour the making of my report for while it is in his hands I am tyed in a manner by him hand and foot and cannot as I would stir for my own good till he hath rid his hands of it one halfe of whose ill dealing with me I should never beare nor take from all the professed adyersaries I have in the world which I must be necessitated in a large Epistle shortly to signifie to him and publish his dealing with me to the world In the next place if you desire to prevent that evill that you feare will befall to me then I prây you improve your utmost intereââ amongst the Commons of England in City and Country to petition to the House of Commons either according to justice and right to justifie or condemne me and in case they will not receive read and satisfactorily answer their Petitions then I intreat you improve all your interest in them to get them publiquely and avowedly to remonstrate and declare the Parliaments unjust dealings with them to all their fellow Commons of England thaâ I may not be necessitated to âun the bazard of making my single appeale against them to all my fellow Commons as well in the Army as City and Country which before I will be destroyed in person without cause I both must and will doe though I should loose my life the next day after for so doing But now before I conclude in regard I intend to make this Epistle publique I will communicate to your consideration two things of speciâll concernment to me and the first is a peace of justice of the House of Lords in its kind as excellent as theirs to me is and it is the case of one Mrs. Elizabeth Walter the breviat of which as she her selfe gave it me in writing with her ãâã subscribed to it I shall recite here verbaââum saving some of the Marginall notes The proceedings of Mr. Walter in the Parliament with the House of LORDS SHrove Sunday last is seaven year since my husband left me in this town with three children a house and family and left me but seaven pence for the reliefe of me and them J followed him into the Country two hundred miles of this place and came to him where he was in one Câââpels house who wrought such dissention betwixt us that as soone as he see me he took the ãâã and by the Contents of that book he swore he would never more live with me and fell to beââ ãâã most truelly and turned me out of doors 1 My first Petition was the beginning of this Parliament 2 See their Order of the 2. Iune 1641. 3 See their Order of the 23. Iun. 1641. 4 See their Order of the 27. Novemb. 1641. 5 See their order of the 10. July 1641. and 2. of Aprill 1642. 6 Vpon the 12. May 1642. 7 See their order of the 13. May 1642. 8 See his notable Decree made 13. May 1642. 9 See their order of the â Iune 1646. and the Commissioners order of the 22. June 1646. 10 See their order of the 23. Nov 1646. and their order of the 1. Feb. 1646. 11 See their order of the 28. Nov. 1646. 12 See the Moderate Jntilligence upon the 23. Feb. 1646. 13 See their order of the 18. Feb. 1646. 14 See their fatall order of the 23. Feb. 1646 15 Whos 's husband Mr. Stavely was lately high Sheriffe of Leicester-shire and a Committee man and whose said wife is suspected extraordinarily guilty of a kind of processed open incontinency yet the house of Lords committed him prisoner to the Fleet about two years ago for refusing to pay her Alley money to support her in her professed wickedness where they have kept him prisoner to this very day a brave contradicting peece of justice and worthy to be sounded out abroad for their Lordships deserved commendations On which I returned back to London and ãâ¦ã to the House of Peers 1 for some reliefe for me and my children who sent for my husband up 2. ãâã at a full hearing my husband being in place before three score Lords having nothing to alledge against me but that he would not live with me they thââ ordered by his owne consent out of two ãâã pounds a yeare to pay me three score pounds a yeare and further what Estate should fall to him either by the death of Grand-mother or mother I should ãâã the one halfe thereof for the reliefe of me and my three children 3. which is five hundred pounds a yeare more All which orders my husband would never obey but still stood under contempt 4. ãâã the house referred it
tossed and câmbled me at Committees so as if ãâã would have beat me to dust and powder as you may partly read in my printed Epistles ãâã 25. Iuly 1635. and December 1645. Yea and one day in Westminster Hâll laid violent ãâã upon me having my sword in my hand to provoke me to strike him that so I might loose ãâã hand by striking in the face of the Judges fitting in the Kings âench ãâã Westminster hall ãâã afterwards his two great Coââââ Dr. âestâick and Col King having bâ the Speaâen meanes Prââs Patron got me âniâstly clapt by the heeles from the 19. of Iuly 16ââ to the 14. of October 1645. I was by the whole house of Commons honourably released as you may read in the 34. pag. of Jânocency and frâth justified but yet in that unjust and untighteous imprisonment I was ordered by the House of Commons to be tryed at New-gate Sâffâââ for my life by the powerfull influence of Mr. Speaker and Mr. Gline Recorder of London in which businesse I have just cause to thinke that Pryn had more then a finger because that when he see I was likely honourably to be delivered as a spotlesse and innocent man he frames a booke and publisheth it Cumprivilegiâ and dedicates is to Mr. Speaker in which book called The Lyar confounded he possitively acculeth me of a most transcendent crime viz thââ I have conspââed with other Separates and ãâã to ãâã out the Members of this Parliament by degrees beginning with Mr. Speaker when if they could eat off he saith all the ãâã would easily follow and if this sââââded not then to suppresse and cut off this Parliament by force of Armes and set up a new Parliament of our owne âââse and faction by this baâââ charge Pâyn manifestoth himselfe a perfect Knave and enemie to the Kingdome in that he knew me guilty of such a thing and never to this day durst question me or prosecute me for it and if it be but one of his false malicious suggestions then he proves and declares himselfe a lyar to fâix so notorious a falshood upon him that now as well as formerly in this and all other things bids defiance to him see my answer to this in the â5 page of my booke called Innocency and tâuth Justified yea and in the some false scandalous and transcendent lying booke of his beside scores of lyes he ãâã poâsitively 13. or 14. upon me in lesse then I. lines as I have truly declared in the 4 5 6. pages of the last ââââtioned booke and there offered to his face publiquely to prove âhat there I say against ãâ¦ã ââe lying and paâlteây fellow durst never embrace my challenge there made to him ââr never so much as in any of his late voluminâs lines return one word of answer that ever I could see to what there I justly ãâã upon him and therefore by his silence in their particular though be hath prâââed scores of sheâââ since have given me just cause now to proclaâââ him so ãâ¦ã and base a lyar that he is not ashamed âo âell and publish above a dozer in â lines But the cowardly unworthy fellow like one of ãâã broad who was ãâã from the beginning John 8.44 knowing that I was fast by the hââles under a great indignation of the house of Loâds and knowing that my businesse by way of appeale was depending in the house of Commons and eady for a report that he might blast my reputation and credit and so by consequence destroy me and mine some weekes agoe at the house of Commons bât as I have been informed from many good hands made a most false groundlesse and lying report of me that I was in their debt above 2000. l. which I had little beâââ then coâââed them of and in his late booke published since and dedicated to the House of Commons called the Sword of Christian Magistracy supported in the 10.11 pages of his Epistle he strongly endeavours to ãâã me more odious and capitall then the late beheaded Arch Bishop of Canterbury and there and else where in his base lying booke presseth them to punish me as seâârely as they did him although I am confident he is not able to siâ any crime upon âe but that I am honester and jâster then himselfe and stands for the lawes and liberties of England which he endeavours to destroy and overthrow and set up a perfect tiranny as by his late printed bookâ is to evident and though in this book as well as the Epistle he hath so many bitter charges against me yet in regard I have proved him so base and notorious a lyar already which by his not vindicating of himselfe he to my understanding grants to be true I shall only at the present returne as briefe an answer as I can to that most notorious lye of his laid ãâã in the 12. p. of his said Epistle after he hath expressed the Lords âââity to me iâ not muââhering and destroying of me askâ would have them for no crime in the world but for maintaining the just and good lawes of the Kingdome which they have all often swârââ to preserve he expresseth himselfe in these words And yet this obstinate seditious ungratefull wââch in stead of âaving pardon for his most insolent a fain like Libels * Thou ârt a calumniater for my books are no Libels having my name to them to justifie them contempts against the whole House of ââers and severall particular Mâââers of it because your honourable House of Commons will âorrâlââse him upon his Libelle us Petition against all Law and justice iâ affront of the Lords * Who I say justly deserves it for treading under their feââ the fundamentall lawes and liberties of England as in my casâ they have ãâã which ãâã will ãâ¦ã the Priââ and all thy gââgliââ lying aâââciates in England and their priviledges in this his mutinous Libell viz. The Oppressed want oppressions declared railes more upon your honours then the House of Peets not only clamouring upon you for arrears of pay when as there is not one farthing ãâã to him for ought he could make appeare upon the reference of his Peââtion to the Committee of Accounts who gave him a charge of ââove 1100. l. received from the Earle of Manchester and his officers ââly besides free quarter which he tooke of which he âever yet gave ãâã account but like a most seditious unworthy creature ââââedââted of with soâe Malignants in the Tower who have furnished him with âââtaken law and Records to drive on their designes he thâââ ãâã you c. Now for answers to which charge of 1100. l. that âe falsely saith I received for my owâe vindication ãâã ââe world I shall give you this account that by Commission under the hand and scale of ãâ¦ã of Manchester âated the 7. day of October I ãâã I was made Major of a foot Regimens to Chââ Edward âây and then the 16. of May ãâã I was made