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A88256 To every individuall member of the Honourable House of Commons: the humble remembrance of Lieutenant Col. John Lilburn. Lilburne, John, 1614?-1657. 1648 (1648) Wing L2184; Thomason E461_36; ESTC R205207 8,888 8

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To every individuall Member of the Honourable House of COMMONS The Humble Remembrance of Lievtenant Col. JOHN LILBURN Honoured Sir September 4. 1648. VOuchasafe to take notice and seriously to consider That the first week this present Parliament sat which is now almost full eight years agoe I presented a humble Petition to the House of Commons for justice and right against the cruel Judges of the high Commission Court and the Starchamber and I had the honour the same day it was presented to be one of the first prisoners in England that was set at liberty by this Parliament and also received a speedy full faire and canded proceeding in the hearing and examining of my tyrannicall sufferings but by reason of multiplicity of publicke businesse c. I have not as yet been able to attain to the full end of my legall and just expectation and right viz. Reparations for my long sad and tormenting sufferings by the foresaid unjust and unrighteous Judges Be pleased also favourably to take notice That upon the first of August last there was an humble Petition presented to the Honourable House of Commons subscribed by many thousands of honest Citizens c. humbly to desire you to put me in the full possession of all your by past just Votes about my foresaid sufferings upon reading and debating of which Petition as inanswer to that particular of it your House were pleased to make this insuing Order Die Martis 1. Augusti 1648. Lord Carre Sir John Maynard Sir Peter Went worth Col. Bossell Col. Ludlow M. Copley M Holland IT is referred to this Committee or any five of them to consider how Col. John Lilburne may have such satisfaction and allowance for his sufferings and losses as was formerly intended him by this House Henry Elsing Cler. Dom. Com. unto which said Committee at there first sitting I presented a Petition the Copy of which thus followeth To the Honourable the Committee of the House of Commons appointed to consider of Lievt Col. Lilburns busines in reference to the Starchamber The humble Petition of Lievtenant Col. John Lilburn SHEWETH THat besides your Petitioners sufferings by reason of his banishment into the low Countries he was I committed by D. Lamb Gwin Aylet 1637. and afterwards had 3 years imprisonment in the common Gaole of the Fleet being whipt from Fleet-bridge to Westminster and enduring the cruel torment of above 500 stripes with knotted Cords afterwards being set in the Pillory for the space of two houres and by James Ingram Deputy Warden of the Fleet gagged tearing his Jawes almost in peeces without Order which sentence was given by Lord Keeper Coventry Earle of Manchester Lord privy Seal Lord Newburgh Sir Henry Vane Senior Lord Chief Justice Brampston and Judge Jones And after the barbarous execution of this sentence being April 18. 1638. The said Lord Coventry Arch Bishop of Canterbury Bishop of London Earle of Manchester Earle of Arrundell Earle of Salisbury Lord Cottington Lord Newburgh Secretary Cooke and Windebanke passed another sentence in effect for the Starving of your petitioner and for the tormenting of him with Irons upon both hands and legs night and day and by keeping him close in the common Gaole of the Fleet from the speech of any of his friends all which was executed with the greatest cruelty that could be for the space of almost three years together to the apparent hazard of his life both by starving him which was with all art and industry severall waies attempted and also by severall assaults made upon him by the said Wardens men instigated thereunto by the said deputy Warden to the mayming wounding him whereby to this day he is totally deprived of the use of two of his fingers All which with much more too tedious to be hear inserted was fully proved by sufficient witnesses before a Committee of your House whereof M. Francis Rouse had the Chaire upon whose report made May 4. 1641 Your House Voted That the sentence in the Star-chamber given against the said John Lilburne and all the proceedings there upon was illegall and against the liberty of the Subject and also bloody wicked cruel barbarous and tyrannicall and that he ought to have good reparations therefore which Votes by reason of multiplicity of businesse in your House cost your Petitioner some years of importunate and chargeable attendance to git them transmitted to the Lords which was obtained in Febr. 1645. The 13. day of which Moneth your Petitioners whol cause was effectually opened at the Lords Barre by his learned Councel M. Bradshaw and M. John Cooke and there every particular again proved upon Oath by testimony of people of very good quality whereupon they concurred in all things with the House of Commons saving in the matter of reparation but upon the delivery of a true narrative the Copy whereof is hereunto annexed which your Petitioner with his own hands in the same moneth delivered unto every individuall Lord they made a further decree that your petitioner should have 2000 li reparations out of the estates of the said Lord Cottington Sir Francis Windebank and James Ingram for the reasons alledged in an Ordinance which they passed in April 1646. and transmitted to your House where it hath lain dormant eversince and is now referred to the consideration of this honourable Committee Now forasmuch as by the judiciall Lawes of God which are the pure lawes of right reason he that wilfully hurteth his neighbour is bound to the performance of these five things First If it be a blemish or wound like for like or to redeem it with money thereby to satisfie him for his wound Secondly For his pain and torment Thirdly For the healing Fourthly For his losse of time in his calling Fiftly For the shame and disgrace all which are to be considered according to the quaility of the person damnified which reparations are to be paid out of the best of the goods of him that damnified him and that without delay And as the Law of God so the Lawes of this Nation doth abhorre and hath severely punished above all persons Judges manytimes with the losse of their lives and estates who under colour of Law have violated their Oaths and destroyed the lives liberties and properties of the People whom by law they should have preserved as may be instanced by the 44 Judges and Justices hanged in one yeare by King Alfred divers of them for lesse crimes then hath been done in this case of your petitioner As may be read in the Law book called the Mirrour of Justice translated and re-printed this very Parliament and by Justice Thorpe in Edw. the thirds time who was destroyed for the violation of his Oath for taking small sums of money in causes depending before him as appears in Cooks Institutes And by the Lord Chief Justice Trisillian c. who in full Parliament in Rich. the seconds time was attached as a Traitor in the forenoon had his throat cut at Tyburne
in the after-noon because he had given it under his hand that the King might create unto himself at his pleasure another rule to walk by then the Law of the Land prescribes him as appears by the Parliament Records in the Tower and by many of your own Declarations Now for asmuch as your petitioners sufferings hath been unparralled and his prejudice sustained thereby altogether unrepairable having lost his limbes c. And forasmuch as by the Law of God nature and Nations reparations for hurts and damages received ought to be satisfied as far as may be in all persons though done by accident and not intentionally and though through ignorance much more when the persons offending did it knowingly and on purpose in the face nay in the spight of the fundamentall Lawes of the Laud which they were sworn to preserve And for that the reparations in the said Ordinance assigned doth scarse amount to what your petitioner spent in his three years sad captivity and his now almost eight years chargable attendance in suing for it besides the losse of a rich profitable Trade for eleven years together and his wounds torments smart and disgrace sustained by his said tyrannicall sentences He therefore humbly prayeth the favour and justice of this honorable Committee for some considerable augmentation of his said reparations and the rather because his fellow sufferer Doctor Bastwick had 4000 li. reparations alotted him whose sufferings he submissively conceiveth was nothing nigh so great in torment pain and shame as your Petitioners And forasmuch as the now Lord Coventry son and heire to the foresaid Lord Coventry hath walked in his Fathers Steps in enmity to the Lawes Liberties and freedome of the Nation by being in armes at the beginning of the wars against the Parliament and made his peace with the Earle of Essex for a small matter and hath since diserted the Kingdome living in France privately receiving the profits of a vast estate which his Father left him And forasmuch as his said Father the late Lord Coventry was the activest man in the infringing the Lawes and liberties of the Nation although a Lawyer and Judge sitting on the supreme seat of Justice and a person as is groundedly c●nceived who got a great estate by corruption and particularly a man that principally passed as chief Judge of the Court both the aforesaid sentences against your Petitioner And inregard 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 Maskes out of them and for that the estate of James Ingram cannot be found nor at present come by Your Petitioner 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 immediately paid your Petitioner or else that his Rents the profits of his woods and goods may be seized in the respective Counties where they lye 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 chargable 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 Lilburne After the reading of which they entered into a serious debate of the whole businesse 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 Carre Chair-man 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 Carre which Ordinance hath been once read in your House The Copy 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 Lilburne Gent. which he susteined by ver●ue colour of two Sentences given and made against him in the late Court of Starchamber the one the 13. of February 1637. and 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 Starchamber 13. Febr. 13. Car. Regis and 18. April 14. Car. Regis which were Voted the 4. May 1641. by the House of Commons to be Illegall and against the liberty of the Subject and also bloody wicked cruel barbarous and tyrannicall were transmitted from the said House of Commons unto the House of Lords who thereupon by one Order or decree by them made 13. Febru 1645. Adjudged and Declared the said proceedings of the said Starchamber against the said John Lilburn to be Illegal and most unjust and against the liberty of the Subject and Law of the Land and Magna Charta and unfit to continue upon Record c. And by another Order or Decree made by them the said Lords the the 5. March 1645. they assigned to be paid unto the said John Lilburn the summe of two thousand pounds for his reparations and the said House of Peeres then fixed that summe upon the estates reall and personall of Francis Lord Cottington Sir Francis Windebanck and James Ingram late Deputy Warden of the Fleet and afterwards for the present levying thereof with allowance of Interest in case of obstruction 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. April 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 transmition all or the greatest part of the estates of the said Lord Cottington and Sir Francis Windebanck is since by both Houses disposed of to other uses and the estate of the said James Ingram is so smale and weak and so intangled with former incumbrances that it can afford little or no part unto the said John Lilburn of the said reparation And for that the said late Lord Coventry was the principall Judge and chief Actor in the giving of both the said Illegal Sentences in the said Court of Starchamber and for the barbarous inflicting of punishments thereupon Therefore and for satisfaction of the said two thousand pounds and for the increase of reparation unto