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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
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
Commons of the fift of this instant referred to us to consider of and to present unto them an Ordinance for setling of Lands upon Lievtenant Colonell John Lilburne and his heirs to the value of 3000. l. at twelve years purchase out of the estates of new Delinquents in the insurrections not yet sequestred we that we may be the better inabled to performe this service do desire you or some three or more of you to make Certificate unto us in writing with all convenient speed of the names of such Gentlemen or others in your County who have been emixous and knowne Delinquents or so proved before you in these late insurrections as also a particular in writing of their estates and of the clear yeerly value thereof communibus annis over and above all charges and reprises and what termes and estates they have therein and what incumbrances lie thereupon as farre as can come to your knowledge and to send by this Bearer Lievenant-Col John Lilburne that Certificate sealed up unto us who are Dated at Westminster Septem 9. 1648. Your Friends and Servants Charles Carr John Maynard Alexander Rigby Godfrey Boswell Edmond Ludlow Lionel Copley Corneliu● Holland With which Letter I immediately took a long tedious and chargeable journey into the North and brought back an answer the copy of which thus followeth To the right honorable the Lord Charles Carr and the rest of the Gentlemen of the House of Commons appointed to consider the satisfaction of Lievtenant-Col John Lilburne These present Right Honorable WE received your Honours Letter dated the ninth of September last for certifying the names and estates of such new Delinquents as have been in the late insurrections wherein we have laboured as much as we can to informe our selves to give you satisfaction in your desires and therefore have sent up these severall Certificates here inclosed of the names of such persons as have been Delinquents in these late insurrections amongst whom is Sir Henry Gibbs for whose sequestration we have received a peremptory Order from the Lords and Commons of Sequestrations dated the 28. of August last the other two are openly known to have been in these late warrs We have also sent particulars of the yearely values of their estates in this County so neere as we are able to learne considering the shortnesse of the time allowed by the necessities of the Bearer concerned therein and the fewnesse of us who are now left to attend the service of the Sequestration in this County being no more that will act at all then we whose names are hereunto subscribed we rest Durham October 12. 1648. Your Honours humble Servants Thomas Midford Richard Lilburne George Lilburne Which forementioned Certificate in brief thus followeth A rentall of Sir Henry Gibs Lands in Jarro in the County of Durham above the reprises for any thing we can find by examinations of the immediate Tenants of the said Lands in Octob. 1648. Jarroe with the grounds thereunto belonging 222. l. per annum belonging to Thomas Bows Esquire which he had with his wife Octob. 1648. at Broadwood Hareup Pawse Meadowes Stotley Riding Birkclose and Land in Medelton field Foggerforth and Evenwood 308. l. 10. s. per annum But as I remember Evenwood being 80. l. per annum proved to be his brother Cradocks and so resteth 228. l. 10. s. belonging to Sir Henry Bellinham at Beamount hill in the County of Durham Octob. 1648. copy-hold and worth 180. l. per annum Thomas Midford Richard Lilburn George Lilburn After I came to London with this and delivered it to the Committee they were willing I should fix upon Sir Henry Gibbs his Land at Jarroe to make over to me and to my heirs for ever for my 3000. l. allotted and accordingly drew up an Ordinance and truly what with the personall Treaties vigorous going on which rendred the making over such lands to be very dubious in the possessing of them and the taking away his estate for ever without visibly declaring any particular cause or ever so much as summoning him to answer for the Crimes the Parliament Commissioners privately in their house laid to his charge upon which they sequestred him though I confesse I my selfe before rid ●nto Scotland to inquire of him and had enough to sequester him or in default of appearance legally to outlaw him all which laid together with other things following I had no stomack to his or any other Delinquents Lands knowing no reason why Sir Henry Vane c. should shift off from themselves my reperations for the transcendent injustice they had done me and lay it upon the shoulders of those in an extraordinary manner that never particularly had done me wrong and besides force me to put it to a dubious hazard whether I should injoy it or no and understanding that Sir Henry Gibbs had an impropriation in the said County amounting to about 70. or 80. l. per an besides a legall and just right in a great deal of wood in Bransboth Park some part of which was ready feld and so would make ready money upon all which considerations c. in as plausable a manner as I could I drew up a Petition to the foresaid Committee to avoid the setling upon me the said Lands the copy of which followeth To the honourable the Committee of the House of Commons appointed to consider of Lievtenant Colonell John Lilburns businesse in reference to the Starchamber The humble Petition of Lievtenant Colonell John Lilburn Sheweth THat upon severall debates of the Petitioners barbarous sufferings by the Starchamber in both Houses of Parliament The House of Lords were pleased the 15. 20. 27. of April 1646. to passe an ordinance that your Petitioner should receive 2000. l. reparations out of the Lands of the Lord Cottington c. at eight years purchase and upon the humble Petition of your Petitioner to this honourable Committee in August last for augmentation of his reparations you were pleased for the reasons therein alledged to ●●te your Petitioner 3000. l. for his Reparations to be raised out of the estate of the now Lord Coventry in money upon the report of which to the House of Commons by the right honourable the Lord Carr the House were pleased to confirm the said Vote and upon the Lord Carrs presenting an Ordinance to the house to that end the House past it once but before it could be read twice either by the carelesnesse or willfullnesse of Mr. Elsynge the Clarke your Petitioners Ordinance was imbesled and tost and a new copy the same day was drawne and presented to a thin House who threw it out of doors and ordered your Petitioner to receive 3000. l. at 12. years purchase out of the Lands of new Delinquents which 3000. l. in effect and substance is not one 6. d. more then the Lords 2000. l. was the Lords 2000. l. being at 8. years purchase and the House of Commons 3000. l. at 12. years purchase That upon the last sitting of
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
oppressed English-man and considering you in the place you are in I cannot choose but in black and white present you with a little of my sorrowes which I assuredly know is now as easie for you to redresse if you please as it is almost for me to write these lines to you it is not unknowne to your selfe what transcendent miseries I suffered before this Parliament by the Bishops c. for divers yeers together and how that for betwixt eight and nine yeers I have in a manner constantly waited upon your House for redresse without any reall fruit at all to this day though I dare safely say it I have spent well nigh 1500. l. one way and another since I first begun my suit unto you divers hundreds of which I must in truth tell you I am at this time ingaged for and owe at this houre and how soon I may be throwne into a Jayle and there rot for want of payment of it and see my wife and tender babes perish for want before my eyes I know not and therefore truly Sir I must with bitternesse of spirit say a happinesse it had been for me if when almost full eight years ago you voted me reparations to my barbarous sufferings you had voted me to everlasting banishment out of the land of my nativity and that it should have been immediate death for me to have returned to have fought for any justice at your hands for alas Sir what a happy man as to the world had I been to have had the improvement of my wasted money and my eight years hazardous ill spent time in waiting upon you for your often promised Justice in my calling in some forraigne land for the subsistence of me and mine whereas all the benefit I have really enjoyed from you hath been the tormenting of my spirits and the filling of my bones with aches and paines in those hard unrighteous and unjust imprisonments that I have six or seven severall times sustained from your House and their Committees in which I will not now say your selfe had a considerable hand in some of them and yet have alwaies been delivered by you as an innocent and righteous man without ever having any thing laid unto my charge Sir I have often had many faire promises from you and so have some of my friends besides of your readinesse and desirablenesse to help me to justice and my own though some other of my friends that have sate within your walls have told me the quite contrary which I have been loath to believe and therefore I now write unto you to put you to the test Wherefore without any more delay I adjure you as you will answer before God and his mighty Angells that now you deale ingeniously and honestly with me and either help me effectually to get my Ordinance past your House for my 3000. l. reparations and force that faith breaking man that hath not a spark of Gentleman in him I mean Sir Charles Kemish to help me to my 300. l. which by your assignment I should have had four moneths ago from him or els tell me plainly and truly you will not cannot or dare not for feare of my adversaries meddle with my businesse to do me any effectuall good and I do assure you I will take it for an honest finall answer and never trouble you particularly any more but put my businesse to a publike test by one more printed addresse sutable to my extremities and if I must perish because I cannot nor will not creaturize to crouch unto mens corrupt lusts and wills I perish but by Gods assistance I shall do the best I can if it must needs be so that it shall be with a witnesse So with my service presented unto you being desirous to wait upon you at your lodging for an answer I rest From my lodging in Brewers yard in Kings street Westminster Decemb. 16. 1648. Yours very desirous to have just cause to be Your Servant John Lilburne So when my Ordinance came to the Lords they disinabled me to cut down any more timber trees then what was already fell'd which I judged fitter for me to content my self with then to struggle any longer to get it passe as the House of Commons had sent it up so the Lords in two or three daies dispatched it and sent it down to the House of Commons for their concurrence according to those abridgements they had made in it and taking my opportunity to speak to those in the House of Commons I had interest in I intreated them to dispute it no more but passe it as the Lords had gelded it and accordingly they did the copy of which thus followeth Die Jovis 21. Decemb. 1648. An Ordinance of the Lords and Commons assembled in Parliament for raising of three thousand pounds out of the sequestred estates and compositions of Sir Henry Gibb Knight Sir Henry Bellingham Knight and Baronet and Thomas Bowes Esquire lying and being within the County of Durham to be paid unto L. Col. John Lilburne by the Committee of Sequestrations of the said County for and towards the reparation and damages of the said John Lilburn which he sustained by vertue colour of two unjust Sentences or Decrees given and made against him in the late Court of Starchamber the one the 13. of February 1637. the other the 18. of April 1638. WHereas the cause of Lievt Col. John Lilburne concerning two sentences pronounced against him in the late Court of Starchamber 13. February decimo tertio Caroli Regis and the 18. 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 judgment and the 13. of February 1645. declared the said proceedings of the said Starchamber against the said John Lilburne to be illegall most unjust and against the liberty of the Subject and law of the land and Magna Charta and unfit to continue upon record c. The said Lords and Commons taking into their serious consideration the extraordinary sufferings and barbarous tyranny that by colour of the said unjust Decrees were inflicted upon the said Lievt Col. John Lilburne and the long time hitherto elapsed without any satisfaction do conceive it most just equitable and reasonable to repaire him in some considerable manner and therefore in pursuance of two orders of the House of Commons one of the 22. of August 1648. and the other of the 5. of September 1648. have ordained and be it hereby ordained by the Lords and Commons assembled in Parliament and by the authority of the same That the said John Lilburne shall have and receive the sum of 3000. l. to be paid unto him or his Assignes 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 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
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
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