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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
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