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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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that principally passed as chief Judge of the Court both the aforesaid sentence against your Petitioner And in regard the estates of the said Lord Cottington and Sir Francis Windebank by subsequent orders of both Houses upon urgent occasions are much intangled and altered from the condition they were in in 1646 when the Lords ordered your Petitioner 2000 Marks out of them and for that the estate of James Ingram cannot be found nor at present come by Your Petition●r therefore most humbly prayeth That the greatest part if not all your Petitioners reparations may be fixed upon the said now Lord Coventries estate to be immediatly paid your Petitioner or else that his Rents and the profits of his woods and goods may be seized in the respective Counties where they lie for the satisfying thereof that your Petitioner may no longer run the hazzard of ruine to him and his by tedious delaies having already contracted the debts of many hundreds of pounds occasioned by the chargeable prosecution hereof And that if you shall think of conjoyning any other with him That it may be principally the Judges of the Law who ought to have been Pilots and guides unto the rest of the Judges of that Court who were Lords and persons not knowing the Law And your Petitioner shall ever pray c. JOHN LILBURN After the reading of which they entred into a serious debate of the whole busines and thereupon passed severall Votes to be the Heads of an Ordinance to be drawn up and reported to the House by the Right Honourable the Lord Car Chairman to the said Committee who accordingly reported the proceedings and votes of the said Committee to your House who approved of the said Votes and ordered an Ordinance to be presented to the House consonant thereunto which was accordingly done by the Lord Car which Ordinance hath been once read in your House The Copie of which thus followes An Ordinance of the Lords and Commons Assembled in Parliament for the raising of three thousand pounds out of the reall Estate of the late Thomas Lord Coventry late Lord Keeper of the great Seal of England for and towards the reparation and damages of John Lilburn Gent. which he sustained by vertue and colour of two Sentences given and made against him in the late Court of Star-chamber the one the 13. of Febr. 1637. the other the 18. of April 1638. WHereas the cause of John Lilburn Gent. concerning two Sentences pronounced against him in the late Court of Star Chamber 13 Febr. 13 Car. Regn. and 18. Apr. 14 Car. Regis were voted the 4. of May 1641. by the House of Commons to be illegall and against the Liberty of the Subject and also bloody wicked cruel barbarous and tyrannical which were transmitted from the said House of Commons unto the House of Lords who thereupon by an order or decree by them made 13 Feb. 1645. Adjudged do declared the said proceedings of the said Star chamber against the said John Lilburn to be illegall and most unjust and against the liberty of the Subject and Mag. Chart. and unfit to continue upon Record c. And by another Order or Decree made by them the said Lords the 5. of March 1645. they assigned to be paid unto the said John Lilburn the sum of two thousand pounds for his reparations and the said House of Peers then fixed that sum upon the estates reall and personall of Francis Lord Cottington Sir Francis VVindebank and James Ingram (**) (**) (**) But the Lord Roberts the Lord Wharton c. told mee severall times if their estates had not been under Sequestration by Ordinance of Parliament they would never have gone about to fix my reparations by Ordinance which they must needs then doe to take off the Sequestration but have issued out a decree and extent under the great Seal immediatly to have put me in present possession of my 2000 l. which they said was their right by Law to doe late Deputy Warden of the Fleet and afterwards for the present levying thereof with allowance of Interest in case of Obstructions while the same should be in levying and of such part as should not be forthwith levyed The said House of Peers did cause an Ordinance to be drawn up and passed the same in their House the 27 Aprill 1646. and afterwards transmitted the same to the House of Commons for their concurrence with whom it yet dependeth And for as much as since that transm●ssion all or the greatest part of the estates of the said Lord Cottington and Sir Francis Wind●ban●k is since by both Houses disposed of to other uses and the estate of the said James Ingram is so small and weak and so intangled with former ni●umbrances that it can afford little or no part unto the said John Lilburn of the said reparations And for that the said late Lord Coventry was the principall Judge and chief Actor in giving of both the said Illegall Sentences in the said Court of Starchamber and for the barbarous inflicting of punishments thereupon Therefore and or satisfaction of the said 2000 l. and for the increase of reparation unto the said John Lilburn for his extraordinary wrongs sufferings and losses thereby sustained and the ●ong time hitherto elapsed without any satisfaction The Lords and Commons assembled in Parliament do ordain and be it hereby ordained by the said Lords and Commons and by Authority of the same That the said John Lilburn shall receive the sum of 3000 l. out of all or any the Mannors Mesuages Lands Tenements and Hereditaments whereof he the said late Thomas Lord Coventry or any other person or persons to or for his use or in trust for him was or were seized in fee-simple or fee taile or otherwise at the time of the said sentences or decrees or o● either of them in the said late Court of Star-chamber or since within the Kingdom of England or Dominion of Wales any Order o● Ordinance heretofore made by either or both Houses of Parliament for the imployment of the estate of the said late Thomas Lord Coventry to the contrary hereof in any wise notwithstanding And for the more spee●ly levying of the said summe of three thousand pounds It is further Ordered and Ordained That the severall and respect●ve Sheriffs of the severall and respective Counties within England and Wales wherein any of the said Lands Tenements or Hereditaments doe lye shall forthwith upon sight and by vertue of this Ordinance cause an inquisition to be made and taken by the oathes of twelve or more lawfull men where the same lands do lie and what the same are and do contain and of the clear yearly value thereof over and above all charges and re-prises and after such inquisition so made and taken the severall and respective Sheriffs shall deliver unto the said John Lilburne true copies in Parchment of the same inquisitions by them taken and shall then also deliver unto the said John Li●burn the said Lands
Bishops Lands hath lately but more unjustly done my self and my Landlord * Whose legal interest thereunto is thus Nicholas Young Esquire had a Patent from Bishop Montague about 30 yeers since confirmed by the Dean and Chapter of Winchester which is unquestionably good in Law for the keeping of the Manor of Winchester House in Southwark and not only so but also for his life to enjoy all the profits benefits c. of the said Manor house gardens orchards and all things thereunto belonging as is largely set forth in the said Patent All which upon speciall view of Youngs Evidence by a select Committee of Parliament hath been since solemnly confirmed by an Ordinance of a full free and unquestionable Parliament about five yeers agoe which Ordinance forced Devenish to pay Young as his tenant for his un●●●estionable legal and confirmed right in the said house 52 l. per ●●nun for the bare Manor House reserving unto the said Young as much besides as was worth about as much more per annum all which right the said Devenish bought for money of him and M. John Cook drew up the conveyances who hath often told me Devenish his right was as good as either Law or Ordinance could make it of which Devenish I took a Lease for three yeers in case Young lives so long for as much as I am to pay 13 l. per annum and yet by force of arms without any manner of proceedings at Law by the command and wil of the said T●uftees c. we are dispossessed of our just and legall possessions by the hands of the Sheriff of Surrey who if we could enjoy any Law as in the least we cannot is liable to repay all our wrongs c. But for my part seeing I live in a Land where Law and Justice is in words professed I am resolved as soon to part with my heart blood as in silence slave and vassal-like part with my legal and unquestionable right and possession although the Trustees have lately sold it as it is said to M. Walker of Newington which they have no more right to do then so many theeves have to sel the clothes of my back Ob●ave Independent Justice more abominable in their ways and doings then all the currupt Interest that pretendedly for tyranny they have pulled down Devenish at Winchester house of his free-hold and inheritance of his Manor of TYMORE in the County of ARMAGH after he had two yeers quiet possession In the 7 and 8 Articles of which are severall other cases of the like nature as of Thomas Lord Dillons Adam Viscount Losius and George Earl of Kildare and the Lady Mary Hibbots which eighth Article concludeth in these words That the Earl in like manner did imprison divers others of his Majesties subjects upon pretence of disobedience to his Orders Decrees and other illegall commands by him made for pretended Debts titles of Lands and other causes in an arbitrary and extrajudiciall course upon paper Petitions to him preferred and no other cause legally depending For aggravation of whose offences in treasonably subverting the fundamentall Laws and Liberties of England and Ireland read the Masculine speech of Mr. John Py● against him and the Argument of Solicitor S. John now the pretended Lord chief Justice of the Common Pleas against him who toward the last end of his argument by way of aggravation of Straffords crime in setting up an arbitrary Government in the overthrow of the Law saith The Parliament is the representation of the whole Kingdom wherein the King as Head your Lordships as the more noble and the Commons the other members are knit together in one body politick this crime of Straffords dissolves the arteries and ligaments that hold the bo●y together viz the Lawes he that takes away the Laws takes not away the allegeance of one s●bject alone but of the whole kingdom It was saith he made treason by the Statute of the 13 Eliz for her time to affirm That the Laws of the Land do not binde the descent of the Crown No Law no descent at all No Laws no PEERAGE no ranks or degrees of men the same condition to all It s Treason to kill a Judge upon the Bench This kils not only the Judge but the Judgment It s Felony to imbezell any one of the judiciall Records of the Kingdom This at once sweeps them all away and from all It s treason to counterfeit a twenty shillings Piece Here 's a counterfeiting of the Law we can neither call the counterfeit nor true Coin our own It s Treason to counterfeit the Great Seal for an Acre of Land No property hereby is left to any ‖ It was well said in a Speech against the Ship mony Judges Take from us as the said Judges by that Judgment had done the propriety of our estates our subsistence and we are no more a people Speeches and Passages of Parliament pag. 271. land at all Nothing Treason now neither against King NOR KINGDOM no Law to punish it And therefore he concludes in aggravation against Strafford or any thing by way of Plea advantage or excuse that can be said for him He that would not have others to have Law why should he have any himself why should not that be done to him that himself would have done to others It s true saith he We give law to Hares and Deers because they be beasts of chase but it was never accounted cruelty or foul play TO KNOCK FOXES AND WOLVES ON THE HEAD AS THEY CAN BE FOUND because these be beasts of prey Out of thine own mouth saith Christ thou wicked servant will I judge thee Luke 19 21. And saith Paul Tit. 1.12 13. One of themselves even one of their own prophets said The Cretians are alwa●es Lyars evill beasts flow bellies This witnesse is true Therefore I desire Sir ARTHUR HASLERIG to consider that if he deserves death that steals a sheep or an o● c. because it is a transgression of a Law which Law I say in it self is unjust for putting men to death for theft what doth he deserve that breaks not only that Law by theft as he hath done in stealing my goods but breaks all the Laws of humane society by murder plots and conspiracies to take away the innocents lives all which he hath done to me First By endavouring to murder me by cruell and illegall imprisonment and close and barbarous imprisonment for he was one of my unjust Judges that for nothing committed me Secondly By conspiracy (**) The punishment of Conspirators saies Cook in his 3 Part Inst f. 222 is five fold 1. That their bodies shall be imprisoned in the Common Goal 2. Their Wives and children amoved out of their houses Thirdly that all their Houses and Lands shall be seized into the Kings hands and the House wasted and the Trees extirpated Fourthly All their goods and chattels forfeited to the King Fiftly That they shall lose the freedom and franchise of
my zealous and forward Judges and when Warned James Ingram came to the B●● of the Court of Wards and brought Master Herne ●●h C●uncellor to plead for the Lords and in excuse of himself● who st●sly insisted in a high manner upon the orders and decrees of Star-Chamber upon which I very well remember Sir Arthur with a great deale of indignation said unto Herne I value not a Decree of the Lords in Star-Chamber a rush if it be not expresly according to the tenor of their commission the Law and I further tell you it is a ridiculous thing Sir to summon Parliaments to meet together to make Laws if the Lords decrees in Star-Chamber against law should be bind●ng and therefore although you have proved for your Clyant Master Ingram that the Lords in open Court the Court sitting commanded him on the Pillory to gagg Master Lilburn● yet for speaking against them I tell you by law that order ought to have been in writing according to the custom of the Court which you confesse it was not and therefore Master Ingram must smart for his executing of orders on M. Lilburne made illegally and fan hearing and examining of all my foresaid sufferings and complaints troubles and the warres came on and being in my own conscience folly satisfied of the justness● of the Parliaments then cause in the height of zeale accompanied with judgment and conscience upon the principles I have largely laid down in the 26. 27. 75. 76 pages of my book of the 8th of June 1649. intituled Englands legal fundamentall c. I took up Armes for them and fought heartily and faithfully in their quarrel for maintaining of which I had like to have been hanged at Oxford while during my in prisonnment there I lost 5 or 600 l. out of my estate at London till the p●esent Earle of Manchester had like to have hanged me for being a little to quick in taking in Tikell Castle which spoyled a souldier of me ever since after which in the year 1648. I followed the House of Commons close to transmit my foresaid votes to the Lords which with much difficulty occasioned chiefly by Mr William Prinne and other his zealous Presbyterian frien●s I got by peice-meales transmitted where by reason of Manchesters interest I might have expected long delay yet I found quick dispatch and upon the 1 of December 1645 by specially decree they took off the fine set upon me by the Starchamber and afterwards I got the whole vote transmitted who at their open Barre Judicially upon the 13 of February 1645. appointed me a solemn hearing de novo of the whole matter and assigned Mr. John Bradshaw and Mr. John Cook for my counsell who with abundance of witnesses accordingly appeared where Mr. Bradshaw did most notably open the Starchamber injustice towards me but especially their (*) Whose very words all are recorded by M. John Cook in his printed Relation of that dayes proceedings before the Lords who in the 3 page thereof upon the reading of the Star-chamber sentence against me most truly recites Mr. Bradshaws observations in these very words viz. that the said sentence was felo de se guilty of its own death the ground whereof being because Mr Lilburne refused to take an oath to answer to all such questions as should be demanded of him It being so contrary to the Lawes of God Nature and the Kingdom for any man to be his own accuser and yet the same Mr. Bradshaw after he hath most illegally taken away the Kings life and drenched his hands in his blood commits me then to prison for suspition of Treason meerely for refusing to answer to a question that he himself demanded of me as fully appears in the 2 edition of my picture of the Councell of state pag 10. 11. 16. ex officio or interogatogatory proceedings with me and produced my witnesses upon oath punctually to prove every head of his argument Upon which full hearing the Lords made a notable decree and adjudged and declared tho said proceedings of the said Star chamber against the said John Lilburn to be illegall and most unjust and against the Liberty of the Subject and Law of the Land and Magna Charta and unfit to continue upon record But not assigning me any reparations in that Decree the doing of which the House of Commons left unto them and the Lords according to former custome looked upon to be their right in law to do whereupon I got Mr. John Cook to draw me up that dayes work with most pregnant and notable aggravations which I printed and presented a few dayes after to every one of the Lords praying their assigning me particular reparations according to Law and Justice out of the Estates of my unjust Judges that had done me so much wrong upon which new addresse to them they did upon the fifth of March 1645. order and decree and assigned to be paid unto the said John Lilburne the summe of ten thousand pounds for his Reparations which for many reasons as there being ayding in the warres to the King c. they fixed upon the Estates reall and personall of Francis Lord Cottington Sir Francis Windebank and James Ingram late Deputy Warden of the Fleet and afterwards by an other Decree for the present levying thereof out of their lands at eight yeers purchase as they were before the Warres with the allowance of Interest at 8 l per centum per annum in case of obstruction for all or any part of it and to this purchase caused an Ordinance to be drawn up which fully passed their House the 15 20 and 27. of Aprill 1646. and afterwards transmitted it to the House of Commons where by reason of my bloody adversary old Sir Henry Vains Interests and of my imprisonment by Manchesters means in the Tower of London it lay asleep till the 1. of August 1648 at which time 7. or 8000. of my true friends in London signed and caused to be delivered a Petition to the House of Commons for my Liberty and the passing of the said Ordinance which Petition is since printed with the Speech of my true Friend Sir John Maynard upon it And in reference to which Ordinance the House made this Order Die Martis 1 August 1648. Sir JOHN MAYNARD Sir PETER WENTVVORTH Lord CARRE Col. BOSVVEL Col. LUDLOVV Mr HOLLAND Mr COPLEY IT is referred to this Committee or any five of them to consider how Colonel John Lilburn may have such satisfaction and allowance for his sufferings and losses as was formerly intended him by this House Henry Elsynge Cler. Parl. Dom. Com. Upon which Order I got the Committee to meet and preferred a Petition to them the true copy of which followeth in my addresse to every individuall Member daied 4 of September 1648. Upon which Petition at my discourse with them the Parliament having disposed of all that part of the Lord COTTINGTONS estate that I should have had unto the Lord SEY and also compounded with
Tenements and Hereditaments which shall be so comprised or mentioned in the said inquisitions To have and to hold to him the said John Lilburne and his assignes without impeachment of waste and untill he shall have received out of the issues and profits thereof to be estimated according to the yearly values contained in the said inquisions the said summe of three thousand pounds together with all reasonable charges and expences to be sustained from henceforth for obtaining the said summe of three thousand pounds And all and every the said severall and respective Sheriffs and all other person and persons whatsoever that shall any wayes act or ●ssist in obedience to this Ordinance according to the true intent and meaning thereof shall be therefore defended and kept harmelesse by the authority of both Houses of Parliament Be pleased further to take notice That after the foresaid Ordi●ance was once read it came to a debate in your House for to be read the second time which was carried in the negative by majority of voices and I cannot but apprehend that were divers in the house unsatisfied in the Ordinance it self in regard the House was divided upon the debate and Vote which I cannot but apprehend must flow from one of these two considerations First Either because that the whole reparations is fixed upon the Lord Coventries estate singly who had many co-partners in the sentences and who also it may be supposed hath expiated his crime by his death Or else secondly Because in some mens thoughts some of my late actions are or have been so evill in themselves that they may seem to them to over-ballance the merrits of all my ancient sufferings To the first of which besides the reasons contained in the foregoing Petition I humbly crave leave to offer these unto your judicious consideration First I have by almost eight years (*) (*) Viz. the Earle of Salisbury but especially old Sr. Henry Vane that notorious and guilty Traitour that betrayed all the North of England to the Earl of Newcastle the particulars whereof you may at large read in Englands birth-right pag. 19 20 21. and in my Resolved mans Resolution April 1647 pag. 14. 15 16. 17 18. See also the 2 Edition of my picture of my fore-mentioned book of the eight of June 1649 pag. 19. 20. and the Impeachment of high Treason against Cromwell pag. 6. dear-bought experi●nce found the interest of some of my fore-mentioned potent Judges who yet sit in both houses of Parliament to be too strong for me to grapple with and the onely cause in my apprehension that hath all this while kept me from my own and therefore my own interest which compels me strongly to endeavour by all just wayes and means to attain to my just end reparations necessitates me as much as I can to wave the fixing upon them Secondly I continually finde amongst the greatest part of my Judges an apprehension in their own spirits that in conscience and equity there ought to be favour shewed to those of my Star-chamber Judges that have joyned with the Parliament and Kingdom rather then to those that have fought and contested against them both and that seeing the latter are able enough in Estates to make satisfaction it ought in conscience and equity soly to lie upon their heads and I being not to guide or command my Judges but rather to be in this guided and commanded by them and to acquiess in their reasons they give me especially when my own understanding tels me they most conduce to the obtaining my main end which is justice in the possessing of my own Now these things considered and conjoyned to the reasons laid down in my foregoing Petition I submissively conceive as things now stand in Law equity and conscience no juster objecton can be found for you to fix my reparations upon then the reall estate whereever it is to be found of the late Thomas Lord Coventry who was the Principal Actor in this bloody Tragedy and who was not lesse eminent in cruellty then in place being judge of the highest seat of mercy the Chancery which ought to abate the ●edge of the Law when it is too keen Now for the chief (*) (*) Read carefully Mr. Iohn Cooks most remarkable aggravations in his forementioned relation of my sufferings at the Lords bar Febr. 13. 1645. p. 8 9. Judge of mercy to degenerate into a savage cruelty not heard of amongst the Barbarians nor to be read of in the Histories of the bloodiest Persecutors how transcendently hainous and punishable is it And though he be dead yet justice lives and whatsoever is become of him his estate ought to make satisfaction according to the rule of his own court of Star-chamber he that suffers not in his body must suffer in his purse And therefore I may justly expect my reparations out of his reall estate that he was possessor of at his death where ever I can now find it whether it be in the possession of the present Lord Coventry or others and you may there as righteous Judges fix it for these reasons First Because the said Thomas late Lord Coventries reall estate in equity if not in the eye of the Common law ought to satisfie his debts though dead though now it be in the possession of the present Lord Coventry c. and in reason conscience there is at least as much equity that it should repair injuries especially of so high a nature as mine is of and the rather if it be considered that the late Lord keeper Coventry had besides his reall estate a very considerable personall estate at his death which I desire not to meddle with although it be descended to his heirs c. Secondly Because the estate now in the hands of the son and heir c. of the late Lord Keeper Coventry descended from him and was in the hands of the said late Lord Keeper Coventry himself at the time and some years after his passing the forementioned two illegall and barbarous sentences against me Now in case I could have injoyed the benefit of the Law then or immediately after they were passed against me I might by an action of the case have had at Law satisfactory damages out of his estate And if there was any Law or equity for reparations to be given me out of his estate then the equity and justice of the case is nothing altered by the said late Lord Coventries decease and bequest of the same estate to the present Lord Coventry his son or others Thirdly Because the late Lord keeper Coventries passing such sentences as he did against me was as may appear by the Votes of your own House made in the case 4. May 1641. a subversion of the Fundamentall Lawes and Constitutions of the Land and in the case of the Earle of Strafford that was adjudged Treason And in the case of Treason the Law doth dis-inherit and dis-franchise all the posterity of any one adjudged
this Committee you were pleased to write to the Committee of Sequestrations of the County of Durham to make Certificates to this Committee of the estates of new Delinquents in their County who by their Letter and Certificates of the 12. of October present certifie of the clear delinquency of Sir Henry Gibb Knight Sir Henry Bellingham Knight and Baronet and Thomas Bows Esquire all of whom have reall estates in the said County of Durham the obtaining of which Certificate cost your Petitioner a tedious and chargeable journey into those parts That your Petitioner for divers weighty reasons in his own thoughts fixed principally upon the estate of Sir Henry Gibb but having been with divers and severall Counsellours learned in the Law of England he clearly finds that in Law strictly his nor no other Delinquents Lands can immediately be made over absolutely to your Petitioner and his heirs for ever without such clauses of reservation as may totally indanger your Petitioner within a few moneths to lose the fruit of his almo●t eight yeares extraordinary chargeable attendance for justice in the premises in your House the termes of the conveyance in law being so ticklish that your Petitioner would not willingly give one yeares purchase for land so conveyed Wherefore and in regard your Petitioner cannot believe that your House intends him a●fiction without a● substance for his already twice voted 3000. l. reparation he 〈…〉 humbly prayeth that he may receive your honourable assistance for the immediate 〈◊〉 of an Ordinance for your Petitioner to receive 8. l. per centum per annum for 〈◊〉 forbearance of his money from the hands of the Committee of Sequestrations of the County of Durham arising out of the estates sequestred in the said County of the said S● Henry Gibb Sir Henry Bellingham and Thomas Bows Esquire beginning at the 25. of March ●●st past and that the residue of the profits of the lands woods or other goods of the forsaid persons lying in the said County may as they arise go to the paiment of your Petitioner his said 3000. l. till it be fully paid with an assurance unto 〈◊〉 P●●●t●●ner that in case any or all of them compound with the Parliament for their delinquency that so much of your petitioner reparations as thou shall remaine may be sat●●●●ed and paid out of their compositions And your Petitioner shall pray c. John Lilburne W●ich Petition of mine the Committee granted and caused an Ordinance accordingly to be drawn up very fully on●ly my back friend John Blaxston and my unkle M George Lilburne being sorely falled out the man indeavoured to revenge himselfe of me and busled so hard against me in the House as that he got all consideration for the fu●u●e forbearance of my money dasht out which I was fain to beare with patience at the present being not able to help my self and as I remember it was read and past the second time but the streame of the House running after the personall Treaty with the supposition or jealousie of divers of my acquaintance and former friends amongst those men that I had too deep a hand in the late London Petition of 11. September 1648. which seemed to them to be a choak peare to the Treaty and they conceiving that I still pursued the same ends made the chariot wheels of the finishing of my Ordinance to got heavier then they used to do so that for my blood I totally could not get fit to passe the House of Commons in October 1648. and other businesse of the Army coming on I left looking after my Ordinance and visibly and totally devoted my self to an industrious indeavour to see if I with any other nicknamed levelling friends could prevent another cheat by the Army who promised faire in their large Remonstrance from S. Albans of 16. Novemb. 1648. pag. 66 67 68. but especially in their most remarkable Declaration shewing the reasons of their last advance to London the true narrative of my proceedings with them and their friends you may read in the 2. edition of my book of the 8. of June 1649. intituled The legall fundamentall Liberties of the People of England received asserted and vindicated pag. 33 34 35 36 37 38. which pages I intreat you seriously to read and with them I continued very diligently and closely following them to see if it were possible to get them consent to the setling of the Kingdome upon the bases and foundations of the principles of true freedom and justice by an * The speedy doing of which they both publikely and privately as solemnly promised and ingaged to perform as almost it was possible for men to doe as clearly you may fully read in their two last forementioned Declarations but especially that of the reasons of their last advance to London which being but short I have herewith sent you and intreat you most seriously to peruse as a cleare and everlasting testimony against their present wretched and apostatized basenesse Agreement of the People that had not fought against their Freedoms the onely and alone just cure of all Englands maladies not onely in my thoughts then but still at this present day but when I apparently and visibly saw their jugling and cheating of which I with out feare told them as you may read in pag. 39 40. of my last named books I say at the perceiving of their basenesse I judged it Impossible for me ever to get my Ordinance fully passe unlesse I would be their slave and vassall which Harrison Sir William Constable and Sir Hardresse Wader at their first coming to Whitehall laboured to get me to be and to ingage my pen for them but my positive answer to them all three face to face in their chamber was That I would as soon ingage for the Turk as for them unlesse they would come to a righteous center where they would fixedly acquiesce before they so much as attempted the medling with those great things they intended as the breaking the House and taking off the Kings hea● I say perceiving they were resolved to be knaves in the highest and to go through with their intended resolutions what ever it cost I thought it best for me to stir before all their fears and troubles were over to get my Ordinance fully to passe before they fully got up into the throne being confident if I staid till they had got their 〈◊〉 businesse about the King over I should never get it passe then but upon implicit ingagements to be their slave which I us much abhorred as I did the cutting of my own 〈◊〉 and therefore I put pen to paper and write a netling Letter to the Speaker about it being resolved to lay my bones at their door in the pursuit of it and its effect it had for as I remember the next day my Ordinance was transmitted to the Lords the copy of which Letter thus followeth M. Speaker THough I cannot challenge much interest in you yet being a suffering
of the first profits of the sequestred estates both lands and goods of Sir Henry Gibb Knight * * And therefore for the Committee of Durham who by this Ordinance stand ingaged to pay me my 3000. l. according to the tenure thereof to suffer Sir Arthur Haslerig that is no member of their Committee and so by consequence hath no more to doe amongst them then any other man by his meer will just tyrant like to take my money Sir Henry Bellingham Knight and Baronet and Thomas Bowes Esquire lying and being in the County of Durham having been all active in the late Northern insurrections and aiding and assisting to the most wicked invasion of Duke Hamilton And the said Committee are hereby authorised to sell all such woods except timber trees now standing as may conveniently be spared and now standing upon the said lands or already felled or any of them And if the said Sir Henry Gibb Sir Henry Bellingham and Thomas Bowes or any of them shall compound for their estate so much of the said three thousand pounds as then shall remain unsatisfied shall be paid unto the said John Lilburne or his assignes out of their or the first of their Compositions And this Ordinance or copie thereof attested under the hand or hands of the Clerk or Clerks of one or both Houses of Parliament shall be a sufficient Warrant to the said Committee of Sequestrations in the said County of Durham to pay the said 3000. l. as ●s before expressed unto the said John Lilburne or his assignes and likewise to indemp●ifie and save harmlesse all and every person or persons that shall any way act in the performance of the true intent and meaning of this Ordinance Joh. Brown Cler. Parliamentorum H. Elsynge Cler. Parl. D. Com. With which Ordinance I posted away to you of the Committee of Durham where as you may remember I found Sir Arthur Haslerig amongst you continually sitting with you not onely as a Member of your Committee of Militia and of Sequestrations but also Chair-man to them both and not only that but also Lord paramount over you all doing even what himselfe pleased by meere will tearing your Orders rasing cancelling and putting in what he pleased of the most of which I then being an eye-witnesse I very seriously as you may well remember inquired of my Father Colonell Midford M. Bra● and your selfe whether by Ordinance of Parliament Sir Arthur was a Member of your Committees and you all told me no he was not of either of them at which I wondered and stood amazed that he durst do that which he constantly did and that you were men of such low and meane spirits as to suffer him yea or to permit him so much as to sit amongst you but it was replyed to me as you may remember how could you help it for your County was more in slavery then all the Counties of England never having either Knights or Burgesses in Parliament to speak and act there for the welfare of your County or any that belong to it and wish'd it well and besides Sir Arthur was a great and a powerfull man both in Parliament and Army and had souldiers enough at his heels upon all which he bears himselfe so high that he presumes to do even what he pleaseth and who dare to controule him for hath he not meerly by his will and of his own Authority laid foure shillings a chaldern * Sir Arthurs very excize of coles alone in the two Ports of Newcastle and Sunderland being commonly by the knowingest Ship-masters c. computed to be worth wel nigh a hundred thousand pounds per annum Excize upon coles which at the dearest with you are sold under twenty shillings the chaldern in which arbitrary taxation not onely all London is concerned but almost all the Sea and great Townes in the South of England c. and yet the City of London it selfe never prosecuted him therfore no nor so much as complained of him and therefore much more may he doe what he pleaseth amongst you who rationally have scarce any means afforded you so much as to complaine of him much lesse to help your selves aganst him and therefore you advised me then to heare and see and say nothing but look after my owne businesse to get that dispatched which you very well know I fully acquainted your Committee with at Durham while Sir Arthur Haslerig was there before whom my Ordinance was read and approved of without the least exceptions and the originalls delivered to your Clerke to record in your Journall and with whose consent and approbation I meane Sir Arthur● your Committee made this following Order Dunelm Septimo die Januarii 1648. WHereas by an Ordinance of Parliament dated Decemb. 21. 1648. it is declared That Lievtenant Col John Lilburne having had two Sentences pronounced against him in the late Court of Starchamber Febr. 13. decimo tertio Caroli Regis and 18. of April decimo quarto Caroli Regis which were voted the 4. of May 1641. by the House of Commons to be illegall and against the Liberty of the Subject and also bloody wicked cruell barbarous and tyrannicall were transmitted from the said House of Commons unto the House of Lords in which the House of Peers concurred in judgement and the 13. of Febr. 1645. declared the proceedings of the said Star-chamber to be illegall and most unjust and against the Liberty of the Subject and the Law of the Land and Magna Charta and unfit to continue upon record c. whereupon the Lords and Commons did conceive it most just equitable and reasonable to repaire him in some considerable manner and therefore ordained that the said Lievtenant-Col John Lilburn shall have and receive the sum of 3000. l. to be paid unto him or his Assigns by the Committee of Sequestrations for the County of Durham out of the first profits of the sequestred estates both lands and goods of Sir Henry Gibbs Knight Sir Henry Bellingham Knight and Baronet and Thomas Bowes Esquire lying and being within this County of Durham having been all active in the late Northern Insurrections and aiding and assisting to the most wicked invasion of Duke Hambleton in obedience unto which said Ordinance it is this day ordered by the Committee of Sequestrations for this County That the said Lievtenant Colonell Lilburn or his assigns shall and may and hereby is authorized to go to the severall Tenants and Creditors of the said severall Delinquents to demand and receive the severall rents profits and debts due to each or any of them for and towards the payment of the said three thousand pounds and his or their receipt shall be their sufficient discharge and the said Tenants Farmers or Creditors are presently or within 14. daies after to send copies of the said receipts to this Committee and the said Lievtenant Colonell John Lilburn is from time to time to certifie this Committee the manner of his proceedings herein and