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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