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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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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
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
any other way and this act of Verney's should have to the eyes of the world been merit enough to have saved Verney 's life and also procured him his liberty from his Lords and Masters Haslerig and Bradshaw c. who for his traiterous and good services done them protect him against all the complaints of cheating perjury forgery and all manner of knavery that my intelligence tels on daily is brought in against him Which Verny a few dayes ago as I am from extraordinary good hands informed had the impudence for all the high complaints against him to petition or otherwise to sue for an annuall Pension for his good services done them in forsaking his Interest in the PRINCE and adhering to Them in any thing they put him upon though never so wicked Fourthly Haslerig 's design in endeavouring to murther me is not only evident in his Associats imprisoning me for nothing and so robbing me of my trade and credit but also in close imprisoning me from the society of all my friends and denying me the just and legall allowance due to me in my case and condition not one penny of which I have received to this day but also in taking away compleatly betwixt 24 and 2500 l. that so I may not have a penny left to buy me my wife or family a bit of bread But to ●eturne I would fain have HASLERIG to consider seriously from his friend S. Johns words and the rest foregoing what he deserves that not only by theft of murther breaks one of the Laws of England but endeavours to destroy and actually plucks up by the roots the whole Fabrick of the Laws of England and so destroyes HUMANE SOCIETY by bringing all things into the originall Chaos of confusion and when he hath so done doubly and trebly protects and secures himself by force of the sa●d and other tyrannicall Priviledges from all manner of Process of Law or Justice truely he deserves whereever he be found to be dealt with as Felton did with the Duke of Backingham which for my part I protest seriously I judge to be more juster both before God and man a thousand times over then Haslerig 's dealing with me and the last and ultimate refuge and remedie that all such men have in such cases and a thousand times more just then for a man to murder himself by fami●hing in silence by such mens oppressive and tyrannicall de●ling with him And if Strafford upon S. Johns forementioned principles were A FOX and A WOLF for arbitrarily subverting the Law and taking away mens prop●●ties and estates by proceedings upon Paper petitions then abundantly 〈◊〉 is Haslerig a FOX and a WOLF in arbitrarily subverting the Law and taking away my estate with wi●e much as any proceedings at all or any Paper Petition against me 〈…〉 so much as receiving and producing any pretended Commission from any Legall or pretended Magistracy so to doe And therefore undeniably ●rom S. Johns and his own grounds may as a POLCAT a FOX and a WOLF yea and as a Destroyer of the society of mankind he knockt on the (**) Read carefully for illustration hereof my Law-quotations in the Marginall note of the sixt page of the late Impeachment of High Treason against Oliver Cromwel and his Son in law Henry Ireton head where ever he is found 〈◊〉 he had which peradventure before much time may be expired may be for his portion and that justifiably both before God and man seeing no law in the world can be said against him in the least or take hold of him And therefore as in a Speech made one thousand six hundred and forty it is said against the Ship-money Judges Speeches and passages of Parliament page 275. Much more truly may I say now when our Liberties are violated our Fundamentall Laws abrogated our Modern Laws already obsoleted the propertie of our Estates alienated nothing left us we can call our own but our misery and our patience if ever any Nation might justifiably this certainly may now most properly most seasonably cry out and cry aloud VEL SACRA REGNAT JUSTITIA VEL RUAT CAELUM that is Either let the Heavens fall or let Sacred Justice reign But if he should deny that that which at Newcastle he hath seized upon is none of mine I prove my Legall right thus 1. Admit I had in the eye of the law illegally come by it yet being in possession of it he hath no pretence in the world to dispossess me of it of his owne head and by his own will but 2ly I answer that against the law of equity reason and Justice yea and the law of England I was in the year 1637 1638. 1639. 1640. most illegally and tyrannically dealt with by the High-Commission Councel-Board and Star-Chamber by Doctor Guinne Doctor Lambe Doctor Ali● and the Lord Keeper Coventry Lord Privy Seal Manchester Lord Newberg Old Sir Henry Vane Lord Chief Justice Bramston and Judge Jones And by the Arch-Bishop of Canterbury Lord Keeper againe Lord Treasurer Bishop of London Lord Privy-Seal again Earl of Arundel Earl of Salisbury Lord Cottington Secretary Cook and Secretary Windebank and the Warden of the Fleet who gagged me upon the Pillo● without order in writing Of which the 3. of Novemb. 164● being the first day the late dissolved Parliament sate I according to Law and Justice preferred my Petition and Complaint to to them who upon the reading of my Petit●on immediately ordered me my Liberty being as I remember the first prisoner in England set at liberty by them to foll●w my Petition and according to the legall custom of Parliaments make i● good by proof before a select Committee appointed by them to that purpose Mr. Francis Reuse having the hai●● before whom many particular dayes one after another● I appeared with my Councel being Mr. Robert Gurden brother to Mr. John Gurdon now Member of the p●es●nt J●ncto or pretended House of Commons and my Witnesses and fully proved all my Petition Upon the report of all which by Mr Reus the Chairman the House of Commons the fourth of May 164● being the very same day that the King himself caused me to be arraigned for high Treason at the Ba●r of the House of Pee●s voted and resolved upon the Question That the Sentence of Star-chamber given against JOHN LILBURN is illegall and against the libertie of the Subject and also bloody cruell wicked barbarous and tyrannicall Resolved upon the Question That reparations ought to be given to M. LILBURN for his imprisonment sufferings and lostes sustained by that illegall sentence O●dered That the Committee shall prepare this case of Mr Li●burns to be transmitted to the Lords with those other of Dr. Bastwick D●ctor L●●gh●on Mr Button and Mr. Pryn. H. E●singe Cler. Parl. Dom. Com. After which Votes being in a full free un●avisht or inforc'd legall and unquestionable Parliament after a full open free * Where I very well remember Sir Arthur Hosle●ig was one 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
Sir FRANCIS WINDEBANK'S heir the said Committee were pleased seeing they judged it a difficult piece of work for me to get it proportionably from all or most part of my unjust Judges to fix it intirely upon the Lord Keepers estate as the principal guilty man of which when the young Lord COVENTRY his Son and Heir heard thereof in France he came posting to England as in a maze fearing what such a precedent might bring upon him if his Fathers estate then dead should be compell'd to make me satisfaction he being so capitall in injustice that if that course should be taken his estate left him by his Father if it were trebled would not satisfie for his Fathers palpable injustice committed in his life time And Manchester being in the same Bryers with his Father being as unjust as the other and having a Brother viz. George Montague and other considerable Interests in the House of Commons so plyed their friends there that they put a stop to the second reading of the aforesaid Ordinance Which I first fully understood by the Speakers means then my great pretended friend who one day began to reason with a Member of the House and my special Friend about the unreasonablenesse to fix my Reparations upon the estate of the deceased Lord COVENTRY nay or to give me any Reparations at all out of the estates of those persons that did me wrong for fear the precedent in time might reach to themselves for Sir said the Speaker as the Member told me if my Son and Heir should be liable in law to make satisfaction to all those men out of that Estate I should leave him that I have in the eye of the Law wronged by signing Warrants Orders and Decrees by the Command of my Superiours he would soon be a begger although I should leave him 5 or 6000 l. per annum and therefore desired as it were the said Members concurrence with them who see a necessity both in justice and for the clamorous importunity as they called it of me and my friends to give me reparations but yet to do it in such a way that the Precedent might not in future make themselves smart for their injustice to particular men Of which when the said Member told me and withall told me they were resolved to make the Common wealth my Pay-Master out of the publick Treasury and colour over the justness of it with this pretence That Cottingtons estate c. formerly assigned me they had since disposed of for the Common-wealths use to the Lord Sey and therefore now it would be no injustice to the Common-wealth although in the Star-chamber it never wronged me to pay me my reparation Of all which when I understood their designe I was not a little troubled and perplexed in my spirit although I was grown much into debt by reason of my long and chargeable sufferings and large losses to see that my sufferings should produce no benefit at all to the Common-wealth which I must as before God in the sincerity of my heart aver was much in mine eye no earthly Treasure in the world being of that value to me to make me undergo those sorrows and distresses that I underwent in the Bishops time neither had I undertaken any hazards and continued in them out of any other consideration but out of conscience and duty to God and my native Country I was much perplexed and raised up in my spirit seeing the main end of my struglings was like to be frustrated which was That the Nation might have good by it by the creating of Precedents and terrour for the future to Tyrants and Knaves that so the people hereafter might live more in freedom and peace in the enjoyment of their Laws and Liberties the consideration of which made me something fearlesse of my own particular welfare and in my discourse at their door to set all my expectation on the Tenter-hooks and a little recollecting my thoughts I modellized the fore-mentioned Addresse of the 4 of Sebtember 1648 and printed it and the next day as I remember with my own hands presented it to every Member that would receive it as they went into the House The true copy of which thus followeth To every individuall Member of the Honourable House of Commons The Humble Remembrance of Lieut. Col. JOHN LILBURN Septemb. 4. 1648. Honoured Sir VOuchsafe to take notice and seriously to consider That the first week this present Parliament sate which is now almost full 8 yeers agoe I presented a humble Petition to the House of Commons for justice and right against the cruell Judges of the high Commission Court and the Star-chamber 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 fair and candid proceeding in the hearing and examining of my tyrannicall sufferings but by reason of multiplicity of publick businesse and other great obstructions 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 fall possession of all your be-past just Votes about my foresaid sufferings upon reading and debating of which Petition as in answer to that particular of it your House were pleased to make this ensuing Order Die Martis 1 Augusti 1648. Lord Carre Sir John Maynard Sir Peter Wentworth Col. Boswell Col. Ludlow M. Copley M. Holland IT is referred to this Committee or any five of them to consider how Col. John Lilburn 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 their 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 Lieut. Col. Lilburns businesse in reference to the Star-chamber The humble Petition of Lieut. Col. John Lilburn SHEWETH THat besides your Petitioners sufferings by reason of his banishment into the Low Countries he was first committed by D. Lamb Guin Ayle● 1637. and afterwards had 3 yeers imprisonment in the common Gaole of the Fleet being whipt from Fleet-bridg to Westminster and enduring the cruell torment of above five hundred stripes with knotted cords afterwards being set in the Pillory for the space of two hours and by James Ingram Deputy Warden of the Fleet gagged tearing his jaws almost in pieces without Order which Sentence was given by Lord Keeper Coventry Earl of Manchester Lord Privie Seale 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 Earl of Manchester Earl of Arundel Earl of Salisbury Lord Conington Lord Newburgh Secretary Cook and Windebank passed another Sentence in effect for the Starving of your Petitioner and for the tormenting of him with irons upon both hands and legs both night and day and by keeping him close in the comm●n Gacle 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 yeers together to the apparant hazard of his life both by starving him which was with all art and industry severall wayes attempted and also by severall assaults made upon him by the said Wardens men instigated thereunto by the said Deputy Warden to the maiming and 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 here inserted was fully proved by sufficient witnesses before a Committee of your House whereof M. Francis Rous had the Chair upon whose report made May 4. 1641 your House voted That the Sentence in the Star-chamber given against the said John Lilburn and all the proceedings thereupon was illegall and against the liberty of the Subject and also bloody wicked cruell barbarous and tyrannicall and that he ought to have good Repa●ations therefore Which Votes by reason of multiplicity of businesse in your House cost your Petitioner some yeers of importunate and chargeable attendance to get them transmitted to the Lords which was obtained in February 1645. the 13 day of which month your Petitioners whole cause was effectually opened at the Lords Bar by his learned Councel M. John Bradshaw and M. John Cook 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 month delivered unto every individuall Lord they made a further Decree that your Petitioner should have 2000 l. reparations out of the estates of the said Lord Cottington Sir Francis Windebank and James Ingram for the reasons alledged in an Ordina●ce which they passed in April 1646 and transmitted to your House where it hath lain dormant ever since and is now referred to the consideration of this Honorable Committee Now forasmuch as by the judicial Laws of God which are the pure laws of right reason he that wilfully harteth 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 Fifthly For the shame and disgrace all which are to be considered according to the quality 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 Laws of this Nation doth abhorre and hath severely punished above all persons Judges many times with the losse of their ‖ ‖ ‖ See notably to this purpose those pregnant instances in my Epistle to my nick named Levelling friends usually meeting at the Whalebone in Lothbury behind the Exchange dated From my close imprisonment in the Tower of London the 17 of July and recorded in my Impeachment of high-Treason against Oliver Cromwel c. pag. 6. 7. 8. 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 yeer 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 pag. 239. 240. 241. translated and re-printed this very Parliament and by Justice Thorp in Edw the third his time who was condemned to death for the violation of his Oath for taking small summs of money in Causes depending before him as appears in the 3 part of Cooks Institute fol. 155.156 And by the Lord chief Justice Tresilian c. who in full Parliament in Rich. the seconds time was attached as a Traitor in the forenoon and had his throat cut at Tyburn in the afternoon because he had given it under his hand that the King might create unto himself as his pleasure another rule to walk by then the Law of the Land prescribes him as appears by the Parliament Records in the Tower by many of your own Declarations and also by the Chronicles of England Now forasmuch as your Petitioners sufferings hath been unparalel'd and his prejudice sustained thereby altogether unrepatrable having lost his limbe 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 a●cident 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 Laws of the Land which they were swoon to preserve And for that the reparations in the said Ordinance assigned doth scarce amount to what your Petitioner spent in his three yeers sad captivity and his now almost eight yeers chargeable attendance ●n suing for it besides the losse of a rich and profitable trade for eleven yeers together and his wounds torments smart and disgrace sustained by his said Tyannicall 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 B●stwick had 4000 l. 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 heir to the foresaid Lord Coventry hath walked in his Father Steps in enmity to the Laws Liberties and freedom of the Nation by being in arms at the beginning of the Wars against the Parliament and made his peace with the Earl of Essex for a small matter hath since disened the Kingdom 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 infringing the Laws and liberties of the Nation although a Lawyer and Judge sitting on the supream seat of justice and a person as is groundedly conceived who got a great estate by corruption and particularly a man