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A88189 The free-mans freedom vindicated. Or A true relation of the cause and manner of Lievt. Col. Iohn Lilburns present imprisonment in Newgate, being thereunto arbitrarily and illegally committed, by the House of Peeres, Iune 11. 1646. for his delivering in, at their open barre, under his hand and seal, his protestation, against their incroaching upon the common liberties of all the commons of England, in endeavouring to try him, a commoner of England, in a criminall cause, contrary to the expresse tenour and forme of the 29. chap. of the great charter of England, and for making his legall and iust appeal to his competent, propper and legal tryers and judges, the Commons of England, in Parliament assembled.; Free-mans freedome vindicated. Lilburne, John, 1614?-1657. 1646 (1646) Wing L2111; Thomason E341_12; ESTC R200906 12,654 12

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THE FREE-MANS FREEDOME VINDICATED OR A true Relation of the cause and manner of Lievt Col. Iohn Lilburns present imprisonment in Newgate being thereunto arbitrarily and Illegally committed by the House of Peeres Iune 11. 1646. for his delivering in at their open Barre under his Hand and Seal his PROTESTATION against their incroaching upon the Common Liberties of all the Commons of England in endeavouring to try him a Commoner of England in a criminall cause contrary to the expresse tennour and forme of the 29. Chap. of the great Charter of England and for making his legall and iust appeal to his competent propper and legal Tryers and Judges the Commons of England in PARLIAMENT assembled TRue bred Englishmen that have a life to lay down for the defence of your just Liberties and Freedomes for to such alone J direct my speech against all incroachers destroyers and usurpers thereof be they what they will be I desire to let you understand that I your Countryman amongst many others have imbarqued all that I have in this world in this one vessell cal'd the good Ship of good Hope sayling in the troublesome Seas of England bound for the long desired Port called the safe injoyment of Englands liberties and freedomes the direct roade tending thereunto is the path of Iustice without the sayling in which roade it is forever impossible to arive there And therefore fearing my Venture should lately miscarry I tooke upon me the bouldnesse to write an Epistle to Judge Reeve one of Englands Pilots which hath occasioned a desperate Storm to arise against me in particular though there be nothing but wholsome and sound advice therein contained And perceiving by my late being with the Judge that it was not well taken nor likely to provide for my safety against Col. Edward King one of Englands rotten members and branches fit for nothing but to be cut off out of Englands pleasant and fruitfull Vineyard I thereupon writ further instructions to my Atturney to draw up my Plea which thus followeth To his faithfull and much respected friend and Attorney Mr. George Ingram at his Chamber in Cliffords Inne these Sir IN the cause wherein Colonell Edward King is plantive against me in an action for pretended words spoken by me again him I entertained you to be my Atturny whereupon you appeared for me and received Kings declaration the last Tearme to which I am now to plead I desire you therefore to plead to the same that the said Edward King long before the pretēded words alleadged by the declaration to be spoken viz. in August 1644. was by Master Muffenden and Master Wolley and divers others of the Committee of Lincolne accused and charged before the Honourable House of Commons of high Treason for his betraying the towne of Crowland unto the Enemy as by the fourth Article of the said charge whereunto reference being had will appeare And by the twelf Article of the said charge the said Edward King is accused for the negligent losse and delivery up of Grantham to the Enemy which is adjudged to be high Treason Rot. Parl. 7. Richard 2. Num. 38. 39. 40. And for further plea that the said charge was before this action brought and yet is still depending and only examinable and triable in Parliament neither is the said Colonell King yet acquited or tried for the same besides plead also that I am a witnesse so the proofe of the said Charge and so not compellable to make further answer or othe plea then this untill the said King have had his triall upon the said Charge of high Treason in a Parliamentary way This I hope the Court will accept and approve of for a satisfactory and plenary answer and plea to his declaration which you may draw up in forme as you shall find cause whereunto I doe Authorize you and for this pleading this shall be your warrant and discharge this I thought good to doe for the preventing of any colourable advantage Colonell King might seeme to have or any waies take through my neglect or for want of a warrant to you to plead to his declaration a judgment should passe for him against me by default I have written to Master Justice Reeve setting forth the true state of the cause a printed coppy I left at his house for him which I perceive he hath perused another I send you here inclosed whereby you may be the better informed and inabled to draw up my plea and what you shall doe herein according to this warrant I shall allow in testimony whereof to this my warrant I have subscribed my hand and set to my seale this ninth day of June 1646. and rest Your affectionate and faithfull friend JOHN LILBVRNE Sir if you think fit to shew this to Judge Reeve or any other I shall approve of it Being moved out of mature consideration to give him these instructions because as J told him if J should plead in a formall way to the Plea guilty or not guilty I should thereby be the beginner of a dangerous president of destructive consequence to the wholl Kingdome because that if a man intrusted did turn traytor and a company of honest men did endeavour according to their duty and to avoid the grievous sinne of perjury did endeavour to bring him to condigne punishment for his treason for that end referred Artickles of high treason in Parliament against him with their names to them and they by reason of many publicke businesses by reason of the warres in distractions of the Kingdome cannot conveniently for halfe a yeare a yeare or more try and adjudge the busines the traytor or accused person being a crafty fellow full of ill gotten money and corrupt Alies and because that his tryall is delayed he picks quarrels against his just prosecuters and arests them in actions of 2. or 3000 l. at the Common Law for calling him as really he is traytor and tosseth and tumbleth them yea and it may be by an unjust Puntillo in Law brings them unto unavoidable ruine by Common Law which principally is inherent in the oracles of ●rr●ng Iudges breasts who it may be two houres before he passeth sentence is not resolved what to decree for Law and so by this meanes every honest man that complaines of a knave or traytor in the Parliament or is a party interested in making good the charge against him may by such wayes and meanes by reason of delay in iudgement which is not his fault be brought by his cunning adversary into the Common Law Bryers as I am by King who ought by Law to be in Prison fast by the heeles and so all honest men forever discouraged in such a cause to complain of such transgressours let them act treason against the State universall and representative and do what they will and this is just my case with Col. Ed. King as by my printed letter to Iudge Reeve I have truly clearly declared But by my foresaid instructions sent to
my attorney I gave him authority if he pleased to shew them to the iudge which for ought I know to the contrary he did which it may be may occasion a complaint from him or some others against me to the Lords for immediately upon it I am summoned before them their warrant thus followeth Die Mercurij 10. June 1646. JT is this day ordered by the Lords in Parliament assembled that Liev. Col. Lilburn shall forthwith upon sight hereof appeare before the Lords in Parliament to answer such things as he stands charged with before their Lordships concerning a Pamphlet intittuled the ●ust mans justification or a Letter by way of Plea in Barr. And hereof he shall not faile as he will answer the contrary at his perill Ioh. Brown Cler. Parl. To the gentleman Usher attending this House or his Deputy The Officer comming Iune 11th last past to my House about 6. of the Clock in the morning cal'd me out of my Bed and after I had read his warrant I told him that if there were not a tye of respect laid upon me to the Lords for their faire and courteous dealing with me about my busines that was lately depending before them I would not in the present case obey their warrant nor twenty more of the like nature but would defend myselfe in my own house which is my Castle against all that in such cases they should send unto me to the death because they have by the Law no authority at all to mak me dance attendance upon them in the present case or to try me a Commoner in any Criminall cause whatsoever ceither for Life Limb liberty or estate which I told him was the case now in hād for his own warrāt did sūmon me to appeare to answer a charge then before their Lordships and this I wished him to tell them must be my plea at their Barre at which having promised him to appeare he departed so fitting my selfe in the best manner the present In-comes of God inabled me for the brunt J tooke my Journey towards Westminster and in the streets meditating desired God according to his wonted manner to direct me I presently had contrived in my own brain without any humane help in the world a Protestation and appeal my heart being set up so high to go on with it although it should be present death unto me so I took sanctuary at a friends lodging to compile it in a method which being done I transcribed it faire with my owne hand and then set my hand and seale unto it and being loth to run so high a contest with the House of Peers if by any meanes possible I could avoid it I repaired to a Lord a member of that House and told him my whole heart in my intentions shewed him my paper and read part of it to him and desired him to till some more of the Lords of it if he judged it convenient that so they might a little better consider of it before they brought me to their Barre and forced me to doe that that would tend to their extaordrnary dishonour or my ruine and distruction and doe it I both must and would by Gods assistance I told him if they called me to their Barre telling him I judged it as base an action in me both in the sight of God and man to betray my knowne and fundamentall liberties as with my owne hands to cut my owne throat protesting unto him that if he and the rest of the Lords indevoured to destroy Magna Charta and to tread it under their feet as they would doe if they medled with me in this case I would draw my sword against them every man as freely as I would doe against the King and the desperatest Cavalier with him with much more that then I told him he departed to the House and I imediatly by water followed him and what he did in it I doe not fully know but I was not called in till about one a clock And being commanded to their Barr the Earl of Manchester their Speaker commanded Master Smith to shew me my printed Epistle to Iudge Reeves and asked me to this effect if I knew that booke and whether I did not leave or cause to be left one of them at Iudge Reeves house for the Iudge himselfe Unto which I replyed my Lord if it may stand with the pleasure of this House I desire to know whether or no you have any formall or legall charge against me in writing if they had I desired to see it that so I might read it and then I would give them an answer to their question Whereupon after a little pawze and looking one upon another the Earle of Stamford stept up and with much zeale pressed his Lordship to hould me to the question so saith the Earle of Manchester answer to the question My Lord said I under favour I conceive the thing I desire of your Lordship is very just and rationall so it is if you consider their owne summons which expresly commands me to appeare before them to answere a charge but if nothing will serve your turne but a possitive answere to the question then my Lord there is an answere in writing under my hand and seale which I will justifie and maintaine to the death I beseech you it may be read And with this I gave my paper to Master Smith their Cleark then at their Barre Whereupon the Earle of Lincolne stept up and said to the Speaker my Lord what have wee to doe with his paper command him to answer to the question Lieutenant Colonell Lilburne saith the Earle of Manchester the Lords command you to answer positively to the question unto which I replyed my Lord in that paper in Master Smiths hand is my answer to the question and to all others whatsoever that you shall ask me and no other answer I have to give you neither shall I and if that will satisfy you well and good if not seeke it where you can have it for I for my part shall give you no other where upon I was commanded to withdraw And one of the Lords commanded the Cleark to give me my paper for saith he what shall wee doe with it but I refused to take it and tould them I would not medle nor make with it there it was and it was enough to me that I had delivered it at their open Barre do what you will with it for my Lords I am as carelesse as you are whether you will read it or no so the Cleark threw it after me but I would not medle with it but withdrew the words of which thus followeth The PROTESTATION PLEA and DEFENCE OF Lievtenant Colonell IOHN LILBVRNE Given to the Lords at their Barre thursday Iune 11th 1646. with his Appeall to his competent propper and legall tryers and Judges the COMMONS of ENGLAND assembled in PARLIAMENT My Lords THis morning I received a summons under your Clearks hand to appeare upon sight thereof
Lordships breast and his fellow Iudges which as I told him I thought no man in England knew besides themselves no nor I thought they themselves neither no not two houres before they decreed and adjudged it for Law And yet for all this I must be forced to dance attendance contrary to Law to answer a charge without forme or fashion in Law at the Barre of the House of Peeres who knew very well or at least wise might know that I knew as well as themselves their power jurisdiction and the Prerogative Fountain from whence they sprung as well as any of themselves having sometimes discoursed of that subject freely with some of them And having lately though unwillingly contested with those to whome by nature and interest I am a thousand times more related unto then to them meerely out of this principle that I will not be a slave unto nor part with my just liberty to any But I clearly perceive the hand of Joab to be in this namely my old back friend the Earle of Manchester the fountaine as I conceive of all my present troubles who would have hanged mee for taking a Castle from the Cavaliers in Yorkshire but is so closely glu'd in intrest to that party that he protected from justice Colonell King one of his own Officers for his good service in treacherously delivering or betraying Crowland to the Cavaliers and never called nor that I could heare desired to call to account his Officer or Officers that basely cowardly and treacherously betrayed and delivered Lincoln last up to the enemy without striking one stroke or staying till so much as a Troope of Horse or a Trumpeter came to demand it his Lordships Head hath stood it seemes too long upon his shoulders that makes him he cannot be quiet till Lievt Gen. Crumwels Charge against him fully proved in the House of Commons be revived which is of as high a nature I believe as ever any charge given in there the epittomy of which I have by me his Lordship may live shortly to see it in print by my meanes and for my Lord of Stamford at present I desire him to remember but one Article made at the de-livery of Exeter which it may be may in time coole his furious endeavour to enslave the free People of England the earthly Lord and Creator of his Creator who I am confident do and will scorn to be made slaves vasssals by the meer Creatures of their Creature the King So being straightened in time at present I bid you farewell and rest Your faithfull Countryman and a free Commoner of England JOHN LILBVRNE From my Cock-loft in the Presse Yard of Newgate London June 11. 1646. To the right Honourable the chosen and Representative body of England Assembled in Parliament The humble Petition of L. C. IOHN LILBURNE A Free man of England Sheweth THat your petitioner hath and doth look upon this Honourable House as the chosen and betrusted Commissioners of all the Commons of England in whom alone by right resides the formall and legall supreame power of England and unto whom all the Commons of England have given so much of their Power as to inable you alone to doe all things whatsoever for their weale safety peace and prosperity the end of all Government as is most excellently by your Honourable declaration of the 17. of April last declared The knowledge and understanding of which hath made your petitioner as a Commoner in his Countries straits and necessities to take up armes as his duty to fight against the King the servant of the Common wealth and all the forces raised by his Authority who sought to destroy the end of Government the safety and weale of the people and to be faithfull in your said service in the midst of many deaths contemning and slighting the large proffers of the Kings Honours and preferments sent unto him by foure Lords when he was a prisoner for you at Oxford for which he was imediatly laid in Irons night and day lockt up close in a room a Centinell set at his dore that so he might not speak with any whosoever forced to lye on the floore kept without one farthing of allowance although he carried not one penny with him to the prison And within a few daies after was for his continued resolution arraigned in Irons as a Traitor for his life before Judge Heath before whom he pleaded to his indictment professing unto him at the open barre when he pressed your petitioner to save himselfe that he your supplyant was not seduced by any to take up armes but did it out of a principle of duty to himselfe his country and the Paliament and that he was resolved to spend his blood in the defence of his owne and his Countries liberties also your petitioner upon the same grounds hath often been in the field since and done good services and hath continued faithfull in all his ingagements and is resolved by the strength of God so to doe to the death Now for asmuch as the liberties and freedomes contained in the 28. 29. chap. of the great Charter of England are the best legall inheritance that your petitioner hath and for the preservation of which yee have so often sworne to spend your lives and fortunes and injoyned the people that trusted you to doe the same and for the maintaining of which your petitioner hath run the hazard of so many deaths and miseries as he hath done amongst which liberties and priviledges this is not one of the least as your petitioner humbly conceives that all Commoners whatsoever in criminall causes shall be tried by their equals or fellow Commoners nevertheles the House of Lords commonly so called summoned your petitioner to their Barre to answer a criminall charge there contrary to the tenour of the great Charter so often confirmed and although your petitioner told their Messenger and afterwards some of themselves that by Magna Charta they had nothing to doe with your petitioner in such a case and that if he were called he must and would plead this at their Barre cost it him what it would and also intreated one of themselves to acquaint the rest of his fellow Lords that he must and would protest against them and appeale to his competent proper and legall tryers and judges your Honours Yet notwithstanding they forced your Petitioner to their Bar and would have compel'd him contrary to Law reason and Conscience and to the fundamentall liberty of all the free People of England so adjudged in his own case of the Star-chamber c. by your honours and themselves to answere to Interrogatories concerning himselfe without shewing him any formall and legall charge in writing although he earnestly desired to see it if they had any which was refused and your Petitioner pressed again and again with much vehemency by their Speaker to answer verball questions which forced your Petitioner to deliver at their open Bar his Protestation in writing