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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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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
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
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
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
that principally passed as chief Judge of the Court both the aforesaid sentence against your Petitioner And in regard the estates of the said Lord Cottington and Sir Francis Windebank by subsequent orders of both Houses upon urgent occasions are much intangled and altered from the condition they were in in 1646 when the Lords ordered your Petitioner 2000 Marks out of them and for that the estate of James Ingram cannot be found nor at present come by Your Petition●r therefore most humbly prayeth That the greatest part if not all your Petitioners reparations may be fixed upon the said now Lord Coventries estate to be immediatly paid your Petitioner or else that his Rents and the profits of his woods and goods may be seized in the respective Counties where they lie for the satisfying thereof that your Petitioner may no longer run the hazzard of ruine to him and his by tedious delaies having already contracted the debts of many hundreds of pounds occasioned by the chargeable prosecution hereof And that if you shall think of conjoyning any other with him That it may be principally the Judges of the Law who ought to have been Pilots and guides unto the rest of the Judges of that Court who were Lords and persons not knowing the Law And your Petitioner shall ever pray c. JOHN LILBURN After the reading of which they entred into a serious debate of the whole busines and thereupon passed severall Votes to be the Heads of an Ordinance to be drawn up and reported to the House by the Right Honourable the Lord Car Chairman to the said Committee who accordingly reported the proceedings and votes of the said Committee to your House who approved of the said Votes and ordered an Ordinance to be presented to the House consonant thereunto which was accordingly done by the Lord Car which Ordinance hath been once read in your House The Copie of which thus followes An Ordinance of the Lords and Commons Assembled in Parliament for the raising of three thousand pounds out of the reall Estate of the late Thomas Lord Coventry late Lord Keeper of the great Seal of England for and towards the reparation and damages of John Lilburn Gent. which he sustained by vertue and colour of two Sentences given and made against him in the late Court of Star-chamber the one the 13. of Febr. 1637. the other the 18. of April 1638. WHereas the cause of John Lilburn Gent. concerning two Sentences pronounced against him in the late Court of Star Chamber 13 Febr. 13 Car. Regn. and 18. Apr. 14 Car. Regis were voted the 4. of May 1641. by the House of Commons to be illegall and against the Liberty of the Subject and also bloody wicked cruel barbarous and tyrannical which were transmitted from the said House of Commons unto the House of Lords who thereupon by an order or decree by them made 13 Feb. 1645. Adjudged do declared the said proceedings of the said Star chamber against the said John Lilburn to be illegall and most unjust and against the liberty of the Subject and Mag. Chart. and unfit to continue upon Record c. And by another Order or Decree made by them the said Lords the 5. of March 1645. they assigned to be paid unto the said John Lilburn the sum of two thousand pounds for his reparations and the said House of Peers then fixed that sum upon the estates reall and personall of Francis Lord Cottington Sir Francis VVindebank and James Ingram (**) (**) (**) But the Lord Roberts the Lord Wharton c. told mee severall times if their estates had not been under Sequestration by Ordinance of Parliament they would never have gone about to fix my reparations by Ordinance which they must needs then doe to take off the Sequestration but have issued out a decree and extent under the great Seal immediatly to have put me in present possession of my 2000 l. which they said was their right by Law to doe late Deputy Warden of the Fleet and afterwards for the present levying thereof with allowance of Interest in case of Obstructions while the same should be in levying and of such part as should not be forthwith levyed The said House of Peers did cause an Ordinance to be drawn up and passed the same in their House the 27 Aprill 1646. and afterwards transmitted the same to the House of Commons for their concurrence with whom it yet dependeth And for as much as since that transm●ssion all or the greatest part of the estates of the said Lord Cottington and Sir Francis Wind●ban●k is since by both Houses disposed of to other uses and the estate of the said James Ingram is so small and weak and so intangled with former ni●umbrances that it can afford little or no part unto the said John Lilburn of the said reparations And for that the said late Lord Coventry was the principall Judge and chief Actor in giving of both the said Illegall Sentences in the said Court of Starchamber and for the barbarous inflicting of punishments thereupon Therefore and or satisfaction of the said 2000 l. and for the increase of reparation unto the said John Lilburn for his extraordinary wrongs sufferings and losses thereby sustained and the ●ong time hitherto elapsed without any satisfaction The Lords and Commons assembled in Parliament do ordain and be it hereby ordained by the said Lords and Commons and by Authority of the same That the said John Lilburn shall receive the sum of 3000 l. out of all or any the Mannors Mesuages Lands Tenements and Hereditaments whereof he the said late Thomas Lord Coventry or any other person or persons to or for his use or in trust for him was or were seized in fee-simple or fee taile or otherwise at the time of the said sentences or decrees or o● either of them in the said late Court of Star-chamber or since within the Kingdom of England or Dominion of Wales any Order o● Ordinance heretofore made by either or both Houses of Parliament for the imployment of the estate of the said late Thomas Lord Coventry to the contrary hereof in any wise notwithstanding And for the more spee●ly levying of the said summe of three thousand pounds It is further Ordered and Ordained That the severall and respect●ve Sheriffs of the severall and respective Counties within England and Wales wherein any of the said Lands Tenements or Hereditaments doe lye shall forthwith upon sight and by vertue of this Ordinance cause an inquisition to be made and taken by the oathes of twelve or more lawfull men where the same lands do lie and what the same are and do contain and of the clear yearly value thereof over and above all charges and re-prises and after such inquisition so made and taken the severall and respective Sheriffs shall deliver unto the said John Lilburne true copies in Parchment of the same inquisitions by them taken and shall then also deliver unto the said John Li●burn the said Lands
Tenements and Hereditaments which shall be so comprised or mentioned in the said inquisitions To have and to hold to him the said John Lilburne and his assignes without impeachment of waste and untill he shall have received out of the issues and profits thereof to be estimated according to the yearly values contained in the said inquisions the said summe of three thousand pounds together with all reasonable charges and expences to be sustained from henceforth for obtaining the said summe of three thousand pounds And all and every the said severall and respective Sheriffs and all other person and persons whatsoever that shall any wayes act or ●ssist in obedience to this Ordinance according to the true intent and meaning thereof shall be therefore defended and kept harmelesse by the authority of both Houses of Parliament Be pleased further to take notice That after the foresaid Ordi●ance was once read it came to a debate in your House for to be read the second time which was carried in the negative by majority of voices and I cannot but apprehend that were divers in the house unsatisfied in the Ordinance it self in regard the House was divided upon the debate and Vote which I cannot but apprehend must flow from one of these two considerations First Either because that the whole reparations is fixed upon the Lord Coventries estate singly who had many co-partners in the sentences and who also it may be supposed hath expiated his crime by his death Or else secondly Because in some mens thoughts some of my late actions are or have been so evill in themselves that they may seem to them to over-ballance the merrits of all my ancient sufferings To the first of which besides the reasons contained in the foregoing Petition I humbly crave leave to offer these unto your judicious consideration First I have by almost eight years (*) (*) Viz. the Earle of Salisbury but especially old Sr. Henry Vane that notorious and guilty Traitour that betrayed all the North of England to the Earl of Newcastle the particulars whereof you may at large read in Englands birth-right pag. 19 20 21. and in my Resolved mans Resolution April 1647 pag. 14. 15 16. 17 18. See also the 2 Edition of my picture of my fore-mentioned book of the eight of June 1649 pag. 19. 20. and the Impeachment of high Treason against Cromwell pag. 6. dear-bought experi●nce found the interest of some of my fore-mentioned potent Judges who yet sit in both houses of Parliament to be too strong for me to grapple with and the onely cause in my apprehension that hath all this while kept me from my own and therefore my own interest which compels me strongly to endeavour by all just wayes and means to attain to my just end reparations necessitates me as much as I can to wave the fixing upon them Secondly I continually finde amongst the greatest part of my Judges an apprehension in their own spirits that in conscience and equity there ought to be favour shewed to those of my Star-chamber Judges that have joyned with the Parliament and Kingdom rather then to those that have fought and contested against them both and that seeing the latter are able enough in Estates to make satisfaction it ought in conscience and equity soly to lie upon their heads and I being not to guide or command my Judges but rather to be in this guided and commanded by them and to acquiess in their reasons they give me especially when my own understanding tels me they most conduce to the obtaining my main end which is justice in the possessing of my own Now these things considered and conjoyned to the reasons laid down in my foregoing Petition I submissively conceive as things now stand in Law equity and conscience no juster objecton can be found for you to fix my reparations upon then the reall estate whereever it is to be found of the late Thomas Lord Coventry who was the Principal Actor in this bloody Tragedy and who was not lesse eminent in cruellty then in place being judge of the highest seat of mercy the Chancery which ought to abate the ●edge of the Law when it is too keen Now for the chief (*) (*) Read carefully Mr. Iohn Cooks most remarkable aggravations in his forementioned relation of my sufferings at the Lords bar Febr. 13. 1645. p. 8 9. Judge of mercy to degenerate into a savage cruelty not heard of amongst the Barbarians nor to be read of in the Histories of the bloodiest Persecutors how transcendently hainous and punishable is it And though he be dead yet justice lives and whatsoever is become of him his estate ought to make satisfaction according to the rule of his own court of Star-chamber he that suffers not in his body must suffer in his purse And therefore I may justly expect my reparations out of his reall estate that he was possessor of at his death where ever I can now find it whether it be in the possession of the present Lord Coventry or others and you may there as righteous Judges fix it for these reasons First Because the said Thomas late Lord Coventries reall estate in equity if not in the eye of the Common law ought to satisfie his debts though dead though now it be in the possession of the present Lord Coventry c. and in reason conscience there is at least as much equity that it should repair injuries especially of so high a nature as mine is of and the rather if it be considered that the late Lord keeper Coventry had besides his reall estate a very considerable personall estate at his death which I desire not to meddle with although it be descended to his heirs c. Secondly Because the estate now in the hands of the son and heir c. of the late Lord Keeper Coventry descended from him and was in the hands of the said late Lord Keeper Coventry himself at the time and some years after his passing the forementioned two illegall and barbarous sentences against me Now in case I could have injoyed the benefit of the Law then or immediately after they were passed against me I might by an action of the case have had at Law satisfactory damages out of his estate And if there was any Law or equity for reparations to be given me out of his estate then the equity and justice of the case is nothing altered by the said late Lord Coventries decease and bequest of the same estate to the present Lord Coventry his son or others Thirdly Because the late Lord keeper Coventries passing such sentences as he did against me was as may appear by the Votes of your own House made in the case 4. May 1641. a subversion of the Fundamentall Lawes and Constitutions of the Land and in the case of the Earle of Strafford that was adjudged Treason And in the case of Treason the Law doth dis-inherit and dis-franchise all the posterity of any one adjudged
my life as is truly noted and declared before pag. 7. 8. 9. 10. ' O brave Arthur whom for his base and villanous wicked dealings with me c. I hope not onely to scare but also really to scourge and thereby put him into a greater fright then he was in when the Earle of Stamford a lesser man then himself tamed him as he was going to his house nigh Islington although he had his sword by his side of which a few days after like a poor cowardly School boy with little better then his finger in his eye he complained of to his Masters or Associates in the House of Commons And as for your desire in your letter for me a few dayes to come downe to look after my owne businesse my selfe I cannot but return you this answer First If I would I cannot for I am not absolutely at liberty as you suppose onely I have liberty upon the day time to go see my distressed wife and family which I procured not upon a petition to the house ' as their Friday Newes-monger Henry Walker that lying and base fellow with other falshoods about me hath lately printed but upon a letter the Copy of which thus followeth For my honoured and noble friends the Lord Grey of Groby Colonel Henry Martin Col. Francis Russell Capt. Fry or any of them these present My Lord and Gentlemen A Greater triall then ever I had upon me in my life forces and compells me to bee troublesome unto you or else I should not have presumed to have put you upon so unwelcome an imployment as to make a publike Motion for a man so despicable and obnoxious to the eyes of the great men in present power as I am but necessity hath no Law and therefore I must acquaint you that the over-ruling disposing hand of him that without whose over-ruling providence the meanest hair of my head shall not fall to the ground hath so pleased to lay his visiting hand upon my eldest son by a violent sicknes for this 3. weeks and my selfe being very dear to the poor boy continually in his sicknes to the exceeding spending of his spirits CRYED OUT TO SEE HIS FATHER OR BEE CARRIED TO PRISON TO HIM and upon Saturday was sevennight my child being very ill all night crying scores and some hundreds of times for his Father to come to him the knowledge of which in the morning very much pierced the bowels of his tender mother and supposing that if I could be got to come and see him it might much refresh his spirits and so ease the child of some of his extremitie of pain Upon Lords day after in the morning in little better then half a distempered condition she posted away to Mr. Holland to Sommerset house and with teares begged him to get me two or three daies liberty upon my Paroll to come and see him knowing he had if he pleased power enough to get it done and have since again and again sent to him but all in vain Truly Gentlemen I have often mused upon that saying of the Spirit of God Prov. 12.10 That the tender mercies of the wicked are cruelty but that the tender mercies of men professing God godlinesse and a publike Reformation of tyranny and cruelty should be so full of Barbarisme as to TORMENT THE POOR CHILD FOR THEIR INDIGNATION AGAINST ME HIS FATHER is that that 〈◊〉 m●● and amazeth me and makes death more desirable to me fully knowing in whom I do● beleeve then to live under such mens Government Sure I am the B●SHOPS in the days of the highest of Lands Tyranny had more bowels of compassion in ●●em to men in my case as I could instance and all my torments suffered by then I can never equall to this But how-ever I must be patient although my poor B●be ●●●●lain in the height of torment till this afternoon with HIS ABSENT FATHER CONTINUALLY IN HIS MOUTH so long as he had strength to speak of me 〈◊〉 whose sorrows and miseries with both my other childrens falling sick upon Sunday ●●st of the small Pocks the youngest of which sucks its mothers brests hath so overwhelmed her spirits that yester-night it brought her close to deaths doo● Of which when I understood to day I posted away to you four to BEG AND BESEECH YOU or any one of you at this great strait to make a Motion openly in your House 〈◊〉 little liberty for me to go see my distressed Wife and Children I CONFESSE I SHOULD NOT HAVE PUT YOU TO SUCH A TROUBLE FOR THE SAVING OF MY OVVN PARTICULAR LIFE But your House being risen the messenger brings me tidings of the death of my poor babe and the exceeding i●lnesse of my Wife and her exceeding desire to see me in her great distresse Therefore I earnestly beseech you as bowels of men dwell within you to make an effectuall and speedy Motion in your open House for a few dayes liberty for me to go see my distressed Wife giving satisfactory Security to the Lieutenant of the Tower for my faithfull return at the hour appointed Make your own terms as strict as you please FOR THOUGH I LIE IN A DUNGEON IN FETTERS OF IRON AT MY COMING BACK I care not so I may but see her So with my reall Service presented to you all four craving your pardon for my troubling of you for a Motion in your House which I know cannot be pleasing to you I take leave to rest From my close Imprisonment in the Tower of London this 17 of July 1649. SIRS Your affectionate and hearty Friend and Servant JOHN LILBURN Upon the delivery of which said Letter to Col. Henry Martin the other three which it was directed to being out of Town he procured this following Order Die Mercurii 18. July 1649. ORdered by the Commons assembled in Parliament that the Lieutenant of the Tower of London permit Lieut. Col. JOHN LILBURN to go out of the Tower to visit his Wife and Children being sick upon such security as the Lieutenant of the Tower shall think fit to render himself again to the prison of the Tower HENRY SCOBEL Cler. Parliament Secondly Being as I am although my not coming down would lose me six times as much as Haslerig hath a ready seised upon yet could I not be free in my own spirit against the dictates of which I will not go for all the world to addresse my self to those men for liberty to come down no nor so much as give my consent that any other shall do it for me But thirdly If I were absolutely at liberty I should scarce judge it either wisdom or discretion to come immediately under the armed power of a man that hath so thirsted after my blood and dealt so illegally and barbarously with me as Haslerig hath done in the face of the throng of my friends and without all question he that at London where I have more friends then Haslerig himself will not stick to run the hazards of going so many indirect wayes to work to take away my innocent life will make no bones himself to knock my brains out could he catch me in the remote clutches of his armed mercenary power at New-castle far off from the throng of my friends So with my true and obliged love and respect presented to your self and my Ant your second self I heartily commit you to God and rest From my Imprisonment in the Tower of London this 18 of Aug. 1649. Your faithfull and affectionate loving Nephew JOHN LILBURN FINIS