Lawyers had proctered for them in the open House againstâ— me a little before of whom face to face in that particular in their own profession I dare ingage my head to make Novices and lyars of provided I may be suffered my selfe to answeâ— their obiections and when the discourse is done I shall readily and cheerfully submit to the finall determination and judgement of this House in it or if I cannot obtain this at your hands Then in the second place Mr. Speaker I most humbly intreat this honourable House that they will be pleased to appoint a day to reade over my Plea J made for my self before Mr. Iohn Maynard c. †Who I doe aver delt most unworthily trecherously and not like a righteous iudg nor aâ—just English man with me who though the House had expresly ordered him and the rest of the Committee not only to heare and examine my businesse but also to conclude their opinions upon it and report their results to the House yet notwithstanding Mr Maynard being then in the Chaire as some of the Committee told me would not upon any tearmes suffer them to doe it by meanes of which he robâ— me of my reall benefit of that Committee which the House intended me and hath done like a trecherous man as much as in him lyes to destroy me and my liberties and the liberties of all the Commons of England the Lords being encouraged thereby to deale since as illegally with Sir John Maynard and other Commons of England as they have done with me see Sir Iohn pleas of the 5 and 14 Feb. 1647. and which since I have printed and delivered some hundreds of them to the members of this House and upon the reading of it to proceed to give a final Judgment in it that so I may after almost 2. years waiting know what to trust to and not be kept everlastingly in Prison in a condition worse then death it self for truly Mr Speaker my pressing and unsupportable necessities compels me to deale ingeniously with this House and tâ—uly to acquaint you that I have not being a yonger Brother one foot of land in the whole world nor a penny of any rents coming in to maintaine me my wife and litle Children nor any trade agoing to bring me in one farthing nor a penny allowed me by those that uniustly imprisoned me to buy me bread and all these things considered with my 11 years in a manner constant sufferings laid unto them I cannot apprehend how this house can rationally conceive how without maricle I should live or subsist especially seeing I am necessitated to contest for my own preservation with all the corrupt grand interests in England therfore in the second place I humbly intreat this honourable house to let me have somthing at the present out of my Arreares to keepe me alive which I dare with confidence Mr Speaker avere before this House Iustly amounts to the greatest part of a Thousand pounds And in the third place Mr. Speaker I humbly intreat this Honourable House seriously to consider and passe my Ordinance that long hath laid dormant here for my 2000. l. reparations against my cruell Star-Chamber Iudges and that I may speedily and effectually by you he put into a certain way where to receive my money and not be sent unto those for it where it is impossible for me to get it * The names of those my unrighteous and barbarous High Commission and Star-Chamber Iudges are Dr. Lamb Dr. Gwin and Dr. Alylet whose hands were to my first commitment and yet never see my face these that past my first bloody whipping sentence upon me c. were Lord Coventry Earle of Manchester Lord Newburgh old Sir Henry Vaine Lord Chiefe Iustice Bramstone and Iudg Jones those that past my second most barbarous sentence to starve me c. were Canterbury Coventry London Manchester Arundell Salisbury Cottington Secretary Cook and Windebank the severall sentences you may read at large in the 1 2 3 4. pages of my printed relation before the Lords of the 13. Feb. 1645. and from the fattest and ablest of these I expect my reparations viz. from old Sir Henry Vain the Earl of Salisburys whose greatnesse alone in both Houses I have cause to iudg hath kept me all this while from my reparations and therefore O all true hearted English men help me to grapple with their lawlesse greatnesse without the losse of a great deale of time and the expence of a great deale of money if ever I get it at all which I have not now to spend having I dare with confidence aver it spent above 1000. l one way and another in following this House c. for it and so Mr. Speaker I have done with what I have to say to you at present wherupon I was commanded to withdraw which I did And immediately upon it Mr IOHN WILDMAN was called in a severall times and myselfe having sent in word to Mr. Speaker that I earnestly desired to come to the Bar againe to speak two or three words more to the House and accordingly I was called in coming to the Bar very hoarse by reason of my straining my selfe to speak audably in my former speeches one of which lasted above an houre and half I said with a mild voyce Mr. Speaker a Prison by the law of this Land is appointed not for the punishment or distuction of the Prisoner but for the secure and salf-keeping of him for a speedy tryall at the next Assises Sessions or Goale delâ—very And truly Mr Speaker J have now been many assizes Sessions and Goale deliveries in Prison and never called out to have any crime in the world laid legally unto my charge being commited by those that J must and do averre with confidence before this house have no more power or authority by the law of England to commit me then so many Turkes or Tertors and this House was lately pleased to doe me so much Iustice and right as to give liberty day by day to goe obroad to follow my businesse and yesterday I understand they have taken of that order and left me a Prisoner under the power of the Lords by reason of this information of Mr. Mastersons which I aver is a most malicious lying one truly Mr. Speakes my necessities are such and I count it no disgrace to repeate it over againe to this House especially considering my eleven yearâ— hard and constant chargeable sufferings for the liberties of my native Country that I have neither Lands houses nor tade â—going to bring me in a penny to buy me bread to preserve alive my wife and little children and I never die any action in my life but I was alwayes willing and still am ready to answer for it at the touchstone of the Law and by it to iustifie it at my perrill without ever craving oâ— now desiring the least dram or courtefie in the world at the hands of any flesh
iustice yet in my case as I said in my grand plea before Mr Maynard of the House of Commons page 13. so I say still their Court was no Court to me having not the least jurisdiction in â—he world by law of the cause and therefore my affronting contemning abusive carriage towards them 〈◊〉 as you are pleased to call it was no violation of the Law and therefore not punishable in regard they â—eâ—led with that they had no power by law to medle with for if a Court of Sessions questions me for my â—ree-hold and I refuse to answer them and give them contemptious words for medling with that which â—y law they have no iurisdiction of they may by law bind me to my good behaviour but cannot finâ— or â—â—prâ—son me much lesse disfranchise me of all the priviledges of an Englishman as the Lords have most â—â—â—eâ—ally done to me as appeares by their sentence printed in that notable book called Voâ— plâ—bis the â—â—me holds good in the Court of commmon Pleas who if they goe about to hold Plea of murder before â—hem if the party refuse to answer it is no contempt of the Court because by Law they have no iurisdiction â—ver such cases and pertinent to this purpose is Baggs case in the 11. part Cookes reports who being â—â—mmoned before the Mayor of Plimoth in open Court called him cousening knaue and said unto him come â—â—sse my arse c. for which the Maior disfranchised him and it was by law resolved that the disfranâ—hisement was illegall because it was not according to law for the Mayor in law had no power to â—o it and at most could have only bound him to his good behaviour the same holds good with the â—ords in reference to me 〈◊〉 that they have no jurisdiction over me in the case in controversie nor over â—ny Commoner of England in criminall cases I have undeniably proved in my Plea before Mr. Marâ—n of the house of Commons of the 6. of November 1646. now in print and called an Anatomy of â—he Lords Tyranny and in my Grand Plea before Mr. Maynard of the 20. October 1647. And in â—y wifs large petition delivered to the House of Commons the 23. Sept. 1646. and printed in the â—â— 72 73. 74. 75. 76. 77. pages of Regâ—ll Tyranny and the 65. 66. c. pages of my own book called â—ondons liberty in Chains and in the 20. 21. c. pages of my book called the Out-cry of oppressed comâ—ons but a colourable Answer to the Arguments therein contained I could yet never see â—â—ough I have extraordinarily longed to see what rationally and legally could be said in Answer 〈◊〉 them â—nd that I have never declined a fair ishew of my controversie with Lords the before my competent â—udges the house of Commons that I have appealled to clearly appeares bâ— my constant uninterupted â—â—licitations of them to heare it finally adiudge it and this also fully appears by my Additional plea â—nt to Mr. Maynard the 38. Octo. 1647. and printed at the last end of the second edition of my grand â—lea where I wholly put my self upon the finall iudgement of the house of Commons though sufficiâ—ntly corrupted But that I may fully make it evident to all the world that J have offered the Lords all the faire play â—n the earth to come to a finall issue with them J shall here insert my proposition of the 2 October â—647 the originall Coppy of which I sent to the House of Commons which was there read and debatâ—d and after that I printed and published some thousands of them in single papers and after that reprinted it in the 16. page of the second impression of my Grand plea and now of late have reprinted 〈◊〉 the third time in the 70. page of my last book called The peoples perogative or priviledges asserted c. â—hich thus followeth verbatim The Proposition of Liev. Col. Iohn Lilburne Prerogative Prisoner â—n the Tower of London made unto the Lords and Commons assembled at Westminster and to the whole Kingdome of England October 2. 1647. I Grant the House of Lords according to the stattute of the 14. of Ed. 3. chap. 5 Which statute verâ—atim you may reade â—n the 9 page of my last forementioned book withall the rest of the princpalest statutes made for the Peoples libertie since Magna Charta to have in law a iurisdiction for redressing of grievances either upon illegall delayes or illegall iudgements given in any of the Courts at Westminster Hall provided they have the Kings particular Commission therefore and all other the legall punctillos contained in that Statute which jurisdiction and no other seems to me to be confirmed by the Statutes of the 27. Eliz. chap. 8. and 31. Eliz. chap. 1. But J positively deny that the House of Lords by the known and declared Law of England have any originall iurisdiction over any Commoner of England whatsoever either for life limb liberty or estate which is the only and alone thing in controversie betwixt them and me And this position I will in a publique assembly or before both Houses in Law dâ—bate with any 40. Lawyers in England that are practisers of the Law and I will be content the LORDS shall chuse them every man and if after I have said for myself what J can that any three of these forty Lawyers sworn to deliver their judgements according to the known law of England give it under their hands against me 〈◊〉 will give over my present contest with the Lords and surrender my self up to the punishment and sentence of the present Lords and Commons Provided at this debate J may have six or ten of my own friends present to take in writing all that passeth thereupon Witnesse my hand and Seale in the presence of divers witnesses in the Tower of London this 2. of October 1647. John Lilburne Now I oppeale to all the rationall men in England whether any man under heaven can offer the Lords farer then here I have done to which I now againe to you declare that I am willing to stand to yea and now againe dare them to enter the lift of the dispute upon that very proposition But seeing iust in the very nick of time as I was writing these lines there is brought in unto me a brandished weapon of another petty fogging Champion of the Lords viz William Prinn who stileâ— his book the Levellers Levelled to the very ground who pretends to be a Champion for the House of Lords but hath not so much parts abilities courage and mettell in him as to dare to meddle with either of the maine things in controversie betwixt the Lords and those in his 2. pag. he stiles Lilburnistâ— and Leyellers And that is first their right to their Legislative or law making power Secondly Their right by Law to their Iudicative power over Commoners in crimimall causes But he only answers a meere falacie which is none of my tenent nor
called Truths triumph or treachery anotamised and Sir Iohn Mayna protest delâ—vered to the Lords the 14 Feb. 1647. nor ought not to be And therefore Mr. Speaker before I totally conclude in preventing this house to conclude their ill begun opinion of me I shall humbly desire a little further liberty to propound three things unto your consideration and in them I shall be briefe The first of which is that when Paul stood before the Heathen and Pagan Roman Governours and the Iewish Scribes and Pharisees Prest hard against him to have him destroyed as this English Pharisee doth now against me at this barre yet they had so much righteousnesse and iustice in them by the light of nature that they would not condemn him for all that tell they had given him the benefit which the very law of nature gives to any man and which the law and custome of the Romans gave unto him which was to heare him make the best defence for himself that he could the which when he had done the Governour was convinced that his accusation was â—eer mallice and that he had done nothing worthy of death or bonds Acts 23.29 and 24.25.26 And Mr. Speaker as Paul amongst the Heathens inioyed the benefit of a Roman viz. the priviledges of the Lawes of his Country so let but me from this house inioy but the priviledges of an Englishman viz the benefit of the known and declared Lawes of my native Country and I doubt not but to make it as evident as the Sun when it shines in its glory that I have done nothing that deserves either death or bonds and that this information is a meere malicious bundle of lyes and that if the Informer dare but to sweare onâ— quarter of that which now with confidence he affirmes that he forfeits his ears And to punish me before this be granted me I must over is the hight of iniustice and the actors in it lesse morrall then the pagans and Romans were Secondly Mr. Speaker I desire to acquaint this House that upon the third of May in the yeare 1641. one Littleson servant to Prince Charles that now is informed the King himself with a great confidence that I had said if we could not have Iustice against the Earl of Strâ—fford we would pull the King out of White Hall and without any more adoe I was apprehended as a Traytor and clapt up close in the messengers hands and the next morning I was brought to White Hall as a Traytor and the King sent Mr. Nicholas then as I remember Clarke of the Councell to the House of Lords to impeach me of High treason and the said Littelton swore the words point blank against me and unto the Bâ—nch I was called where I had a kinde of an arraignment of High treason before almost a 100. Lords then siting unto which I stooped knowing my liberties no better and the Lords giving me leave to speak for my self what I could I delt as ingeniously with them then as now I have done with this House and told them freely and boldly the whole truth of the matter and I being withdrawne one Mr. Andrews a Councellour of Lincolns Inn was called in as a witnesse of confirmation to Mr. Litleton not knowing wel what I had said nor what he had sworne and he was put upon his Oath to declare the truth of my discourse and Jumped point blank upon what I had ingeniously related to them so by examining the truth to the bottome my life was saved and my body honourably delivered by order of that honourable House from my present bonds and Mr. Litleton like a rogue for his owne preservation was fain to sneak away but Mr. Speaker that which I here observe is this that if the House of Lords then possest with indignation enough against me had been so credilous and unjust to have believed a single informer then upon his oath which yet is more then this informer is for any thing I know J had died for it and I hope this house will not fall short of the house of Lords yea and of the house of Lords when it was fullest of arbitrary courtiers in doing justice in condemning me to any the least punishment in the world upon the bare virball information of a single informer not upon his oath especially having so long and large experience of my unspoted integrity to the reall and just interest of this House that now with my pen I dare aver it with confidence never any man in England ever gave greater or larger for all the rusling buslings or confident lyes of any rotten apostatised or corrupt members therein Thirdly and lastly Mr. Speaker I desire to acquaint this House with some hard measure in this very particular I have had from this House it self truly M. Speaker J intended at my coming in freely boldly to have grated upon some unpleasant string and loudly to have sounded a harsh and unpleasant base upon them but truly Mr. Speaker J must ingeniously confesse I am overcome by that honouourable respect I have this day found from this House in that you have heard me with so much patience speak my minde so largely with freenesse and bouldnesse without the least interuption in the world that I doe in good earnest canfesse I take it for a greater obligation and ty unto my spirit then all the favours that ever I received from this House fom the first day of their siting to this present day but Mr. Speaker I beseech you let me not be misinterprited as though J said this to collogue and flatter with you and therby to insinuate into you lesten your iust indignation unto me for my crimes no Mr. Speaker I hate and abhore the thoughts of any such thing and doe before you all with detestation protest against it assuring you that if my naked integrity and sincerity in the iust and strictest eye of the law will not beare me out in whatsoever can iustly and legally be laid unto my charge J am resolved to perish But I goe on with your favour Mr. Speaker to say what J intend with the greatest respect to this House that possibly the businese will beare and Mr. Speaker you your selfe may remember that I brought post letters of glad tidings in Iuly 1645. from the Army in the West of their routing Generall Goring at Lampart and being waiting at the House doore upon the 19. of Iuly 1645. there was â—me kinde of false information given into this House against me by whom J then did not know nor â—o not legally know to this day but the informers were never called into the House to testefie the least â—â—me in the world against me and with those that since I understand were the informers viz â—r â—astâ—ick Col. Edward King I had not for many moneths before to my knowledg changed so much as â—â—e word with and yet notwithstanding my best requitall for my hazardus posting from the Army to 〈◊〉 House
that because they have exercised this power for some 100. of years together that therefore now without all dispute it is their right and due I told them t was no better an argument then for a Knave to aver such an honest rich woman was his wife and her riches his propriety because by force and violence he had committed a rape upon her verginity and by force and violence had taken possession of her goods and forced and compelled her for feare of having her throat cut to hold her peace Now Mr. Speaker from the act of force and violence committed upon such an honest woman to draw this argument or conclusion that therefore he that did commit it because he used her or lay with her is her lawfull and true husband or that all her goods are his because by force he hath taken them from her and by force keepâ— them and useth them as his own is no found argument and yet as strong a one as for the â—or as by force of Armes to ioyne with the Kings of England to rob us of our native and undoubted liberties and rights which is to chuse and impower all out law-makers and to be bound by nâ— law imposed upon us by those that never were chosen be trusted by us to make no lawes and then usurp them to themselves and by force and violence is keep them from us and then to plead because they have possessed them so â—ong that therefore they have a true undoubted and naturall right unto them Besides Mr. Speaker I told my friends that if ever the Lords had any right at all to their pretended Legislative or law making power whichâ— utterly deny that ever they had yet they have since this Parliament with their own pens and tongues given it away And that I did and doe prove thus the Lords themselves never claimed their power by any other right then what they derived from the King by his letters patenâ—â— writ in a piece of Parchment with a seale to iâ— Now if the King have no Legislative power inherent in himself without all controversie in the world he can give or derive none unto the Lords for it is impossible that that should flow or come from a thing that is not originally inherent iâ— the thing it self But the King hath no legislative or law making power inherent in himself and therefore can give or derive none unto the Lords And that the King hath no legislative power inherent in himself J prove out of the Lords own words in their ioynt declarations with this house of the â—6 May 1642. and of the 2. Novemb 1642. 1. part book declarat pag. 268 269 270. 7â—6 707 708 709 710 711 712 713 714 715 Where they spend many leaves to prove that the King is of duty bound by his Coronation Oath to passe all such Lawes as the FOLK PEOPLE or COMMONS shall chuse and if so then he hath no Negative voice and if no Negative voice then he hath no Legislative power and so cannot possibly give any to them and that he hath no Negative voice or Law-making power their own words and arguments fully prove in the forementioned declarations Nay Mr. Speaker it was further declared to this effect that if this house did instate the people of the Kingdome in all the rest of their liberties and left this pretended Legislative power of the Lords unroâ—ted up they were but slaves by that one particular alone and that was illustrated in this manner All Legislative power in its own nature is meerly arbitrary and to place an arbitrary power in any â—rt of persons whatsoever for life considering the corruption and deceitfullnesse of mans heart yea â—â—e best of men was the greatest of slavery but the claime of the Lords is not only to have an arbiâ—â—ary power inherent in themselves for life but also to have it hereditary to their sonnes and sonnes â—â—nnes for ever be they Knaves or Fooles which is the highest vassalage in the World And herefore Mr. Speaker J must freely tell this House that I shall never believe they really and in good earnest â—â—tend to make the Kingdome free till I see them pluckt up by the roots this grand tyranny of the â—ords though for my part I am not against their enioyment of their titular dignitys nor the inâ—eriting of their great estates alwayes provided they be made sublect to the Law as other men in payâ—ng their debts c. And if for this rigidnesse against the King and the Lords Negative voice I be called 〈◊〉 State Heritique I answer for my selfe that the Parliaments own Declarations hath made me so â—nd that if I be deluded and deceived they are the men that have done it * The rest of my narrative at the bat about the businesse of apostatised Lievt Gen. Cromwell Com-Gen Jreton I desire the Reader to read my large Aâ—ologie formerly made in this kind which â—e shall find in the 24 25. pages of my â—ook called the Resolved mans resolutiâ—n in which book the treachery and â—navery of my bloody and tyrannicall â—tar Chamber Iudges old Sir Henry Vain â—s lively carrectarised the second Felton and my Lord Wharton c. up about half an houre containâ— so much maner in my own head 4 or 5. sheets of paper which I must scipover and remit to another time but because I iudg my conclusion to be very pertinent to my present businesse and sufferings I shall give it you verbatim as I have many dayes ago writ it which thus followeth And now Mr. Speaker I shall draw towards a conclusion having dealt ingeniously with you and freely of my â—wn accord not with the least relation to this notorious lying illegall Charger or Informer given you a full relation of all the materiall discourses at the Meeting c. so fat as my present memory will enable me this I am sure of Mr. Speaker that I have not timerously or falsly hid any thing from you or in one tittle minsed the busines having rather given you more then lesse humbly submiting my self my present relation and all my actions relating thereunto unto this House to referre me and them if they shall be iudged offensive wholly and solesy to be iustified or condemned at the Common law by a tryall before one ordinary Iudge the true and proper executor of the Law and a Iury of my Equalls according to the known and declared law and iust custome of England which is my Birth right and inheritance which instates me into the capacitie that J am not in my present condition to be tried iudged or condemned by this house or any other power in England but according to the known and declared Lawes of England the Executors of which in the least I ever this House are not †Which is very well and fully proved in the 2 3 4 5. pages of Englands Birth-right and the last sheet of Mr. Iohn Wildmans defence against Mr. Masterson
Cosing c. Sir Arthur Hasterig for I must of necessitie have a fling at you both for your late zeale manifested â—or me to make me be a Comrade with Iudge â—enkins to Tyburne no other place in your judgement so well becomming him and me then that though truly I am very confident it would better become your selves But upon the debate in the House after Candles was lighted newes was brought out that Mr. Wildman was committed to the Fleet and my selfe to the Tower for treasonable and seditious practises against the State but for all that I stirred not but staid with my Comâ—ade in the Loby at the House of Commons doore and after the House was rise Mr. Bicket the Serjeant ac Armes come to us and told us what was done and J told him at present I would not dispute the power of the House in commiting me but if the Warrant were not legall I was resolved to loose my life upon the place before I would goe willingly to prison without a legaall warrant containing the particular cause and having a legall conclusion viz. and him safely to keep untill he be delivered by due course of Law but Mr. Serieant brought me a copy of the Warrant and it was to remaine in prison during pleasure which I told him I would have my braines beat out before I would willingly obey and stoop to it so the people that stayed being about 100. cryed ovt unto us to goe away with them for to prison they would not suffer us to goe without a legall Warrant telling Mr. Sergeant that if the warrant were legall if we would not goe they would help him to câ—rry us so Mr. Serieant went into the Clarkes office and mendeâ— the forme of the Warrant but wanted Mr. Speakers hand unto it who was then gone home so we gave him our Perrowls to appeare there betimes the next morning and accordingly we did and thaâ— evening reading Sir Edward Cooks Commentary upon the 29. Chap. of Magna Charta and his Expâ—sition of the 1. Edward 2. which treats upon breaking of prison in his 2 part institutes I find in thâ— last fol 590 591. he expresly declareth it is not enough to expresse the cause in generall but it mâ—â— be in particular and if for Treason for what particular Act of Treason and if for Fellony For whiâ—â— particular act of Fellony whose words at large you may read in the 74 75 pages of The Peopleâ— Prerogative And in the 5 6. and 10. pages of Sir Iohn Maynards case truly stated And being at the House of Commons doore the next morning Mr. Serieant shewed me my warranâ— the Copy of which verbatim thus followeth BY vertue of an Order of the House of Commons these are to require you to receive from the Serieant at Armes or his Deputy the body of Lievt Col. Iohn Lilbuâ—ne into the Tower of London and him there to detain in safe Custody as your Prisoner in order to his tryall according to Law he being committed for treasonable and seditious practises against the State and for so doing this shall be your Warrant Dated 19. Ianuary 1647. To the Lievtenant of the Tower of London William Lenthall Speaker Vpon reading of which we both desired to speake two or three words with Mr. Speaker and the House being not sate we accordingly did and I told him I very much desired his favour to be called againe to the bar to speake two or three words to the Legallity of the warrant for as it was I told him we might remaine in prison ad infinitum before the Iudges durst or would grant us a Habeas Corpus to bring us up to the bar of iustice to receive a legall tryall or our liberty according to Law And having Sir Edward Cookes 2. part inst in my hand published by their own Order for good law I desired to shew him his iudgement to declare the Warrant illegall but when the House sate wee could not prevaile to be called in but Mr. Serieant came to me and pressed me to be willing to goe to prison upon the Warrant already made or else the House had ordered him to force me but I told him I would loose my life before I would be a traytor to the liberties of England which I must doe J told him if I obeyed that illegall Warrant And when I had so done I fell of preaching law and iustice out of Sir Edward Cookes institutes then in my hands and the Parliaments own declarations to the Souldiers that guarded the House telling them that they were raised to fight to preserve the liberties and freedomes of England but not to destroy them which they must of necessitie doe if they laid violent hands upon me to force me to prison upon the Houses illegall Warrant and in making mee a slave they subiected themselves to slavery and manifest themselves to be a pack of arrant mercinarys by destroying their own declarations being it was possible my case to day might be theirs to morrow I further told them that a generall charge of treason in Law was no charge at all by the Houses own Declarations and J instanced the case of the five Members and the Lord Kimbilton and the same is declared in the case of Alderman Pennington when he was Lord Maior of London And Alderman Folks Col. Ven and Col. Manwering whose cases you may read in the first part book declarations pag. 38 39. 77 201. 278. 660. 845. I also instanced the cases of Mr Hollis and the rest of the eleven Members where the House vote a generall charge was no charge And I also told them it was no contempt of authority by the Parliaments own Declarations to refuse obedience to illegall commands for in their declaration of the 19 May 1642. 3. part book dec pag. 101. they look upon the Atturney generalls impeachment of the 5. Members and the Lord Kimboâ—ton as upon a hainous crime against the Law of nature against the rules of iustice that innocent men should be charged with so great an offence as treason in the face of the highest Iudicatory of the Kingdome whereby their lives and estates their blood and honour are indangered without witnesse without evidence without all possibilitie of reparation in a legall course yet a crime marke it very well of such a nature that his Maiesties command can no more warrant then it can any other act of iniustice It is true say they that those things which are evill in their own nature such as a false testimony or false accusation cannot be the subject of any command or induce any obligation of obedience upon any man by any authority whatsoever therefore the Atturney in this case was bound to refuse to execute such a command And pag. 150. If a Generall attempt or command to turne the mouths of his owne Cannons against his own Souldiers it doth ipso â—acâ—â— estate the Army in a right of disobedience because the Generall hath gone against the nature
friends have bin contrary to the laws liberties of England very much restrained for comming to me have often bin forced to stay an houre or two at the gate before they could get a Keeper to come up with them to me and divers have had from them very base and provoking language and others have been forced to goe away without accesâ— unto me so that I am in some sence in the nature of a close prisoner robd by men in greatest authoritie of my estate and proprietie robd of my liberty and of the free accesse of my friends unto me in my great and almost unsupportable captivitie so that if it be not immediately mended I must bee necessitated and compeld whether I will or no to cry out in the next to all the free men of England as loud as I did in the Bishops time in my Epistle to the Apprentices of London of the 10. May 1647. which I caused on ther play day to be thrown in Moorfields amongst them Murder Murder and Murder and provoke every English man that hath the spirit of a man in him to importune with loud cryes the Parliament to doe me iustice and right so far as I have Law and iustice on my side and to punish or distroy me without mercy so farre as by law and iustice I have deserved it which is all the curtesie I crave at the hands of all the men in England and resolved I am by Gods assistance never to sit down in silence so long as they so murderinly and tyrannically as they doe tyrannise over me let the issue be what it will I value it not having long since through the goodnesse of God learned to dye hoping and strongly beleeving that that God hath been my God in six troubles and in seaven hath â—ot left me will be a loving and carefull husband and father unto my poore wife and children if I â—hould be taken from them in that distressed meane and low condition they are now in And thereâ—ore Mâ— Frost I shall draw towards a conclusion and according to my promise in the foregoing lines â—ive you a short breviate of Mr. Iohn Morris his case as I find it drawn up to his Excellency Sir Thoâ—as Fairfax by divers of the late Agents which thus followeth May it please your Excellency BEing deeply oppressed in our spirits and overburthened in ourselves at the manifold dolefull outcryes and complaints of the people in all parts of our quarteâ—s where we come uttered against the daily pressures and inroads that are made by prerogative and arbitrary violence upon their Common rights and in particular the cry and miserable moane of certain oppressed Commoners to wit of Iohn Poyntz alias Morris Esquire Isabella Smith Iohn Harris and Leanord Darby comming unto our â—ates that we could not but as in duty we are bound deeply represent their miserable condition as fellow feelers of their oppressions and persons lyable when we come into their single capacitie of Commons to the said mischiefe and therefore conceiving it our duty to contribute our utmost endeavours for the remedy of the same we could not but unburthen in some measure our spirits unto your Excellency in their behalfes who in such a horrid and barbarous manner have been abused and supplanted of their common rights by acts of violence and force committed by Iohn Brown Clarke unto the House of Lords and his accomplicies under the colour of severall Orders surruptuously by misinformations gained from the said House to the high usurpation and abuse of the name and authority of Parliament in permitting the image thereof upon his own prerogative outrage and violence to the totall â—uine and supplantation of the iust freedomes and birthright inheritance of the said persons as the severall papers thereunto subioyned for the full information of your Excellency doe demonstrate And for more certain confirmation of our premises represented by the same be pleased to consider that whereas the abovesaid persons are accused condemned and sentenced by the Lords supprised by Browns misrepresentations and delusions to pay 2500. l. fine and suffer imprisonment contrary to the regular course of the Lawes during the pleasure of the said House for forging and framing a copy of an Act of Parliament touching the estate of the said Iohn Poyntz alias Morris pretended to be taken out of the Office of the said Iohn Brown with his hand thereunto no such originall Record as Brown pretendeth to be found in his office that since the said accusation another originall Record of the said Act of Parliament with other writings and evidences for the said estate is found in the Court of Wards and they have gained copyes thereof examined and subscribed by the Master of the said Court and his Clarkes the which with their hands thereunto are herewith presented and concerning the truth thereof three of us can also give it upon oath that the wife of one Godfrey Cade now prisoner in the Fleet did declare unto us that the said John Brown went to the Fleet unto her husband and gave him 25. shillings in hand and promised him 5. l. more and his inlargement to sweare at the Lords Bar that he forged the copy of the said Act of Parliament and counterfeited the Clarkes hand unto it and the saiâ— Cade did also confesse the same Wherefore we humbly implore that your Excellency would be pleased to grant the said distressed persons your letter of request unto the Parliament according to their Petition herewith directed to your Excellency that the said persons and their adversaries may be left to the free course and tryall at common law and that in the meane time till the controversie concerning the estate be decided at Law the said persons may inioy their inlargement upon Bayle without any further trouble or durance and the execution of their severe sentence be suspended and the said Poyntz alias Morris enioy peaceable possession of the said estate like as all his ancestors from the dayes of Queen Elizabeth have done before him which request is so reasonable and iust and their condition so miserable desperate and dangerous and of such concernment to the whole Common wealth that no man if such exhorbitâ—ces be not stop and â—â—rbd can have any security in his estate of liberty that we cannot but promise our selves your Excelâ—encies conâ—seâ—â—â—â—â—n of their condition and readily assent unto their iust sâ— Thus we humbly take our leave beseeching your favourable construction upon our boldnesse aâ— remaine Your Excellencies most humble Servants and Souldiers Lievt Gen. R. Robert Everard George Sadler Com. Gen. R. George Garret Thomas Beverly Col. Whalys Matthew Wealy William Russell Will. Sampson Richard Daley Col. Riches Will. Hudsoâ— Iohn Dober Col. Fleetwood William Priar William Bryan Now Mr. Frost to conclude all at the present I shall desire you to aske your grand Senior Craâ—well whether he intends forthwith to become an absolute brother to the great Turke and to set up â—mongst us in England his absolute tyranny and the reason why J desire you to doe it is because heare he lately neer the Parliament met with on William Thomson a meer Commoner and no Souâ—dier and without any affront given him by the breath of his mouth committed him prisoner to 〈◊〉 Mercinary lanisaries at Whitehall and have since passed a sentence upon him at a Councell of Warâ— to be shot to death over whom he hath no more jurisdiction then the great Turke hath and now keeâ— him close prisoner in Whitehall without use of pen inke and paper where it is said he intends thâ—ly to murder him for no other crime in the world but only because he hath more honestly in his liâ— finger then Cromwell hath in all his body So being in hast letting you know I intend to visit yoâ— again and your silly Comrade William Prinn shortly for writing his late silly book for the supportaâ—on of the Lords rotten and illegall jurisdiction and so I rest Your Antagonest John Lilburne FINIS