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A88237 A preparative to an hue and cry after Sir Arthur Haslerig, (a late Member of the forcibly dissolved House of Commons, and now the present wicked, bloody, and tyrannicall governor of Newcastle upon Tine) for his severall ways attempting to murder, and by base plots, conspiracies and false witnesse to take away the life of Lieutenant Colonel John Lilburn now prisoner in the Tower of London: as also for his felonious robbing the said Lieut Col. John Lilburn of betwixt 24 and 2500 l. by the meer power of his own will, ... In which action alone, he the said Haslerig hath outstript the Earl of Strafford, in traiterously subverting the fundamentall liberties of England, ... and better and more justly deserves to die therefore, then ever the Earl of Strafford did ... by which tyrannicall actions the said Haslerig is become a polecat, a fox, and a wolf, ... and may and ought to be knockt on the head therefore, ... / All which the said Lieutenant Col. John Lilburn hath cleerly and evidently evinced in his following epistle of the 18 of August 1649, to his uncle George Lilburn Esquire of Sunderland, in the county of Durham. Lilburne, John, 1614?-1657. 1649 (1649) Wing L2162; Thomason E573_16; ESTC R12119 55,497 45

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then the 12 of May 1649. It is Ordered and Resolved that we all four be restrained a● close Prisoners apart one from another in severall lodgings in the Tower but he were wise that knew wherefore crime to my charge for it only commits me Sir Arthur being one of the makers of it for suspition of treason and names no particular act and generals in law are nothing as appears in 2 par instit fol. 52. 53. 590. 591. 615. 616. and by the 1 par Parl. book of Dec. pa. 38. 39. 77. 66 67 101. 123. 162. 201. 203. 277. 278. 845. see also the Armies Book of Declarations pag. 70. and my Plea before the Judges of the Kings Bench the 8 of May 1648. called the Laws funerall pag. 8. 16 17. 11. At which tryal by strength of arguments I forced the Judges openly to confesse that generals are nothing in law see also the 2 Edition of my Book of the 8 of June 1649. Intituled The legall fundamentall liberties of the people of England revived asserted and vindicated pag. 5 21. all which rightly considered it cleerly appears I am an innocent man in the eyes of those very men that committed me who never laid crimes in their lives to my charge to this present houre And therefore I can stile it no better then Robbery and Felony in Sir Arthur Haslerig Colonel George Fenwicke c seizing upon my estate with a Felonious intent to deprive me of it without any pretence shadow or colour of law and not only felony but Treason it selfe in subverting our fundamentall lawes higher then ever the Earle of Straffords was for which he lost his head who in his large additionall Impeachment 1640. in the preamble of it recorded in Speeches and passages of Parliament pag. 120. 121. 122. to 143. is impeached as a Traitor for procuring instructions or commission from the King to him in the North of England as Lord President to heare and determine causes according to the arbitrary course of the Star-Chamber in pursuance of which he the said Earl in the month of May in the 8 year of the said King and divers years following did put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawfull power and jurisdiction on the persons and estates of his Majesties subjects in those parts and did disinherit divers of his Majesties subjects in those parts of their inheritances sequestred their possessions and did fine ransome punish and imprison them and caused them to be fined ransomed punished and imprisoned to their ruine and destruction and namely Sir Conyer Darcy Sir Iohn Boucher and divers others against the lawes and in subversion of the same and that by virtue of the said illegall Commission he did most Traiterously stop the efficacy of all prohibitions and habeas corpus●es and would not suffer any party to be discharged till the party performed the Arbitrary De●●ce and Orders of him and his associates and Traiterously to the subversion of the fundamentall lawe of ENGLAND and to the terrour of those that administred them did the 21 of March in the fo●●● 18 yeare at the open assises at Yorke say that some of the Justices were all for Law but they should finde that the King little finger should be heavier then the loynes of the Law but the said Sir ARTHUR HASLERIG c. more arbitrartly and more trayterously then Strafford having no pretence of REGAL Legall or Parliamentary-Commission or Authority no no● so much as from the present nothing or illegall JVNCTO or the present illegall thing called The ●ouncel of state that ever he produced or shewed hath Feloniously and trayte●ously seised upon my estate meerly by his own will and of set purpose to starve me and my family thereby without any manner of colourable pretence and therefore aboundantly ●●●h in law and reason more deserve to dye then the Earl of STRAFFORD did especially considering he was one of his Judges that in terrour and example to others seriously and judiciously condemned him to the Scaffold for these very things and this Arbitrary Power exercised in England by the Earle of Strafford is not only condemned judged (*) See the Act of his Attainder which saith that he is impeached of high treason for endeavouring to subvert the ancient and fundamentall lawes and government of his Majesties Realmes of England and Ireland and to introduce an Arbitrary and Tyrannicall government against law in the said Kingdomes and for exercising a tyrannous and exorbitant power over and against the lawes of the said Kingdoms over the Liberties estates and lives of his Majesties Subjects for which he is adjudged and attainted of high Treason and shall therefore suffer the paines of death and losse of his estate See this at large in the peoples Prerogative pag 29. Treason but also the like in Ireland as appears in the 3 article of his Impeachment for that as the article saith it was governed by the same Lawes where the Earle being Lord Deputy and intending the subversion of the fundamentall lawes there did upon the 30 day of Septem in the ninth year of the late King in a publick Speech at Dublin declare and publish that Ireland (*) Which very language is now growne so common amongst them that their little Beagles commonly yelp it out See Master Prinnes Book called a legall vindication of the Liberties of England against illegall taxes and pretended Acts of Parliament lately enforced on the people pag. 1. was a conquered Nation and so say our great o●es here England now is and that the King might do with it what he pleased as Oliver c. say they may do with this And in his 4 Article he is impeached as a Traytor for arbitrarily stopping and prohibiting Richard Earl of Corke the benefit of the Law for recovery of his possession from which he was put by colour of an Order made by the said Earl of S●rafford and the Councel Table there whom upon the 20 of Feb. in the 11 yeare of the late King upon a paper petition without a legall proceeding he threatned to imprison him unlesse he would surceae his suit and said that he would have neither Law nor Lawyers dispute or question any of his Orders and further said he would make the the Earl and all Ireland know so long as he had the government there any act of State there made or to be made should be as binding to the sub●ects of that Kingdom a an act of Parliament and upon sundry other occasions ●ust Host●●ig like by his words and speeches did arrogate to himselfe a power above the fundamental● Lawes and established government of that Kingdom and scorned the said Laws and established government And in Article 6. he is impeached as a Traitor in that without any legall proceedings and upon a paper petition of Richard Ralstone he did cause the said Lord Mo●n● Norris to be disseised and put out of possession as the Trustees for
he is also authorized hereby to go and repair to Henry Young Banchman of the Collyery of Carterthorn or to his Deputy or Deputies and fully to enquire and inform himself of the true estate and value of the said Collyery as relating to the said Mr. Thomas Bowes As also to repair to the Iron Mill and Furnace at Hunwick and Witton and there to take a true and perfect account and Inventory of all the Stock Implements Vtensills and necessaries and of all profits and advantages arising growing or coming thereby unto the said Mr. Thomas Bowes and speedily to certifie this Committee thereof also to summon John Hodgson Steward of the Iron works at Witton and the said Henry Young to be before this Committee at Gatshead upon Wednesday next to give in and testifie their knowledge touching Mr. Bowes his interest in the said Iron works and Collyery Isaac Gilpin Cler. Com. By vertue of which Order my Father and my self went to the Tenants of the three forementioned Delinquents as also to the foresaid Young and Hodgson which Young and Hudgson according to the aforesaid order appeared at Gateside before Sir Arthur Haslerig and your said Committee of Sequestrations unto whom I punctually gave an ex●ct account of Mr. Bowes his ●oles at Karterthorn and his Iron Mill and Forge at Hunwick and Witton upon which the foresaid Stewards were examined what they conceived M● Bowe● interest in the said Colepits and Iron Mill to be worth and after they had given in their Verdict and opinion the said Committee of Sequestration sold with my good liking the said Bowes his interest to Sir Arthur Haslerig for 400. l present money upon his ingagement to pay it me at London which he did within the compasse of about a moneth after as part of my 3000. l. and I also received then in the Countrey of the respective Tenants ● of the foresaid three Gentlemen betwixt 100. and 200. l. ready money all which I certified your Committee of at Durham and by 〈◊〉 speciall order delivered to their Clark and A●●itor copies of all the discharges I had given the severall Tenants who comparing them with the respective rentalls and deductions for assessements and free-quarter the originalls of which they had by them did audit my accounts and gave me a discharge under b● 〈…〉 hands upon the eighth day of February 1648. si●ned Isaac Gilpin Cler. Com Ex● per Ca●hl●●t Haw● Auditor so that now I have from step to step shewed you my right and ti●●e to my 3000. l. which is not ab●●ne o● gratuity given me ●as some men imagine by the Parliament but the issue and product of severall legall Parliamentary judgements judicially given me for damage sustained in body estate and losse of time and trade by illegall unjust decrees made and given against me which Parliamentary judgments and decrees of mine and some of them of eight years standing before any warrs or ●ar●● betwixt the King and Parliament others of 5 and 4. years standing while the Lords and Commons were a free just and unquestionable Parliament in the 〈◊〉 opinion of all the Parliamenteers in England others of my decrees and judgements meerly in confirmations of the former of 3. and 2. years standing while ●●th Houses were commonly received and owned for an unforc●d unpurged and unravished Parliament and the very last passing of my Ordinance was by both Houses before the Lords dissolution or the Kings beheading whose death in Law unquestionably put a period to the Parliament In most of which judgements For full pre●●se of which assertion read my arguments 〈◊〉 the second edition of my book of the 8. of June 1649. in●●●ted The legall F●●● 〈◊〉 ●ill Liberties of the people of England revived pag. 55. 56 57. and Mr. William P●ins a●●●ments in his late book 〈…〉 the illegall tax of 90. thousand pounds per annum pag. 3. 46 47. Sir Arthur Haslerig was one of the ●udges I am sure of it eminently in some of them and who was one of those that was active in putting me into a quiet just and legall possession for so it was eminently up in his own principles of my long strugled for and dear bought right unto which in the strictest eye of God or man I have as true a judiciall legall right unto as either he or you have or ever had to any cloaths you wore in your lives and therefore Sir I may well call it theft in him in stealing my goods or moneys from me by will and force just like a cutter upon the high way yea and by his own and the late Parliaments principles treason it self in disp●ssessing me of my legall and just come by estate without any manner of proceedings is Law yea or so much as upon any proceedings upon a paper Petition or so much as ever summoning 〈◊〉 to answer for my self or to know what he had to lay to my charge as a colourable pretence to take it away from me it is impossible for him to plead ignorance of my right he having as is before truly declared been privy to all the circumstances of my just proceedings yea as I understand my Father did not a little plead my right with him and produced my Ordinance c. to his face to maintain it when he took it away which notwithstanding he valued not but most maliciously premiditately and in despite and contempt of the Law of England and most trayterously in subversion thereof hath exercised an arbitrary and tyrannicall power over and above the Law in his taking it away for which felonious and trayte●ous Action of his by Gods assistance I will stick as close to him as ever his shirt did to his back or as ever I did to the Bishop of Canterbury who for lesse villanies then his I saw lose his head as a Traytor upon Tower Hill Sir the late King hath lost his head by Sir Arthur and his associates for tyranny in advancing his will above the Law of England as in his impeachment printed at the last end of my late Impeachment of Cromwell you may read pag. 57. 58. And yet I am sure he formerly and for any thing I groundedly know to the contrary legally impeached Haslerig of high Treason and yet never pretended any right to a penny of his estate before conviction but Haslerig nor any body else never laid any crime in the world to my charge either of Treason particularly or of Felony or Misdemeanour or any thing else and yet hath seized upon my estate without any pretence or shadow or colour of Law And that the King impeached him you may read in 1. part Parliament book Decla pag. 34. 35. which verbatim thus followeth Articles of high Treason and other Misdemeanours against the Lord Kimbolton Mr. Pym John Hampden Denzill Hollis Sir Arthur Haslerig and William Strode being all Members of the House of Commons 1. That they have trayterously endeavoured to subvert the fundamentall Laws and Government of this Kingdome
Jones And after the barbarous execution of this Sentence being April 18. 1638. the said Lord Coventry Arch bishop of Canterbury Bishop of London Earl of Manchester Earl of Arundel Earl of Salisbury Lord Conington Lord Newburgh Secretary Cook and Windebank passed another Sentence in effect for the Starving of your Petitioner and for the tormenting of him with irons upon both hands and legs both night and day and by keeping him close in the comm●n Gacle of the Fleet from the speech of any of his friends all which was executed with the greatest cruelty that could be for the space of almost three yeers together to the apparant hazard of his life both by starving him which was with all art and industry severall wayes attempted and also by severall assaults made upon him by the said Wardens men instigated thereunto by the said Deputy Warden to the maiming and wounding him whereby to this day he is totally deprived of the use of two of his fingers All which with much more too tedious to be here inserted was fully proved by sufficient witnesses before a Committee of your House whereof M. Francis Rous had the Chair upon whose report made May 4. 1641 your House voted That the Sentence in the Star-chamber given against the said John Lilburn and all the proceedings thereupon was illegall and against the liberty of the Subject and also bloody wicked cruell barbarous and tyrannicall and that he ought to have good Repa●ations therefore Which Votes by reason of multiplicity of businesse in your House cost your Petitioner some yeers of importunate and chargeable attendance to get them transmitted to the Lords which was obtained in February 1645. the 13 day of which month your Petitioners whole cause was effectually opened at the Lords Bar by his learned Councel M. John Bradshaw and M. John Cook and there every particular again proved upon Oath by testimony of people of very good quality whereupon they concurred in all things with the House of Commons saving in the matter of Reparation But upon the delivery of a true narrative the Copy whereof is hereunto annexed which your Petitioner with his own hands in the same month delivered unto every individuall Lord they made a further Decree that your Petitioner should have 2000 l. reparations out of the estates of the said Lord Cottington Sir Francis Windebank and James Ingram for the reasons alledged in an Ordina●ce which they passed in April 1646 and transmitted to your House where it hath lain dormant ever since and is now referred to the consideration of this Honorable Committee Now forasmuch as by the judicial Laws of God which are the pure laws of right reason he that wilfully harteth his neighbour is bound to the performance of these five things First If it be a blemish or wound Like for like or to redeem it with money thereby to satisfie him for his wound Secondly For his pain and torment Thirdly For the healing Fourthly For his losse of time in his calling Fifthly For the shame and disgrace all which are to be considered according to the quality of the person damnified which reparations are to be paid out of the best of the goods of him that damnified him and that without delay And as the Law of God so the Laws of this Nation doth abhorre and hath severely punished above all persons Judges many times with the losse of their ‖ ‖ ‖ See notably to this purpose those pregnant instances in my Epistle to my nick named Levelling friends usually meeting at the Whalebone in Lothbury behind the Exchange dated From my close imprisonment in the Tower of London the 17 of July and recorded in my Impeachment of high-Treason against Oliver Cromwel c. pag. 6. 7. 8. lives and estates who under colour of Law have violated their Oaths and destroyed the lives liberties and properties of the People whom by law they should have preserved as may be instanced by the 44 Judges and Justices hanged in one yeer by King Alfred divers of them for lesse crimes then hath been done in this case of your Petitioner as may be read in the Law-book called The Mirrour of Justice pag. 239. 240. 241. translated and re-printed this very Parliament and by Justice Thorp in Edw the third his time who was condemned to death for the violation of his Oath for taking small summs of money in Causes depending before him as appears in the 3 part of Cooks Institute fol. 155.156 And by the Lord chief Justice Tresilian c. who in full Parliament in Rich. the seconds time was attached as a Traitor in the forenoon and had his throat cut at Tyburn in the afternoon because he had given it under his hand that the King might create unto himself as his pleasure another rule to walk by then the Law of the Land prescribes him as appears by the Parliament Records in the Tower by many of your own Declarations and also by the Chronicles of England Now forasmuch as your Petitioners sufferings hath been unparalel'd and his prejudice sustained thereby altogether unrepatrable having lost his limbe c. And forasmuch as by the Law of God Nature and Nations reparations for hurts and damages received ought to be satisfied as far as may be in all persons though done by a●cident and not intentionally and though through ignorance much more when the Persons offending did it knowingly and on purpose in the face nay in the spight of the fundamentall Laws of the Land which they were swoon to preserve And for that the reparations in the said Ordinance assigned doth scarce amount to what your Petitioner spent in his three yeers sad captivity and his now almost eight yeers chargeable attendance ●n suing for it besides the losse of a rich and profitable trade for eleven yeers together and his wounds torments smart and disgrace sustained by his said Tyannicall sentences He therefore humbly prayeth the favour and Justice of this honorable Committee for some considerable augmentation of his said Reparations and the rather because his fellow sufferer Doctor B●stwick had 4000 l. reparations alotted him whose sufferings he submissively conceiveth was nothing nigh so great in torment pain and shame as your Petitioners And forasmuch as the now Lord Coventry son and heir to the foresaid Lord Coventry hath walked in his Father Steps in enmity to the Laws Liberties and freedom of the Nation by being in arms at the beginning of the Wars against the Parliament and made his peace with the Earl of Essex for a small matter hath since disened the Kingdom living in France privately receiving the profits of a vast estate which his Father left him And forasmuch as his said Father the late Lord Coventry was the activest man in infringing the Laws and liberties of the Nation although a Lawyer and Judge sitting on the supream seat of justice and a person as is groundedly conceived who got a great estate by corruption and particularly a man