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A88195 An impeachment of high treason against Oliver Cromwel, and his son in law Henry Ireton Esquires, late Members of the late forcibly dissolved House of Commons, presented to publique view; by Lieutenant Colonel Iohn Lilburn close prisoner in the Tower of London, for his real, true and zealous affections to the liberties of his native country. In which following discourse or impeachment, he engageth upon his life, either upon the principles of law ... or upon the principles of Parliaments ancient proceedings, or upon the principles of reason ... before a legal magistracy, when there shal be one again in England ... to prove the said Oliver Cromwel guilty of the highest treason that ever was acted in England, and more deserving punishment and death then the 44 judges hanged for injustice by King Alfred before the Conquest; ... In which are also some hints of cautions to the Lord Fairfax, for absolutely breaking his solemn engagement with his souldiers, &c. to take head and to regain his lost credit in acting honestly in time to come; ... In which is also the authors late proposition sent to Mr Holland, June 26. 1649. to justifie and make good at his utmost hazard ... his late actions or writings in any or all his books. Lilburne, John, 1614?-1657. 1649 (1649) Wing L2116; Thomason E568_20; ESTC R204522 95,549 77

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upon them unto the distressed and oppressed Commons or people of this Nation yea the setling of which principles is that that will thereby make it evident and apparent unto all rationall and understanding people in the world that the reall and hearty good and welfare of the people of this Nation hath cordially and in good earnest been that that their souls have hunted for and thirsted after in all the late bloody civill wars and contests All the Contests of the Kings party for his Will and Prerogative being meerly Selvish and so none of the peoples interest and the contest of the Presbyterians for their ●●ke-bate dividing and hypocriticall Covenant no better in the least and the present contest of the present dissembling interest of Independents for the peoples Liberties in generall read the following Discourse pag. 27 28 29 meerly no more but Self in the highest and to set up the false saint and most desperate Apostate murderer and traytor Oliver Cromwel by a pretended election of his mercinary souldiers under the selfe name of the godly Interest to be King of England c. that being now too too apparently all the intended Liberties of the people that ever he fought for in his life that so he might rule and govern them by his Will and Pleasure and so destroy and envassalize their lives and properties to his lusts which is the highest treason that ever was committed or acted in this Nation in any sense or kinde either first in the eye of the Law or secondly in the eye of the ancient but yet too much arbitrary proceedings of Parliament or thirdly in the eye of their own late declared principles of reason by pretence of which and by no rules of Law in the least they took away the late Kings head and life which it there were any Law or Justice in England to be had or any Magistrates left to execute it as in the least there is not I durst undertake upon my life plainly evidently and undeniably to make good the foresaid unparalleld treasons against the foresaid Ol. Cromwel upon against all the three forementioned principles viz Law Parliament and Reason yea and to frame against him such an Impeachment or Indictment which way of Indictments is the true legall and only just way of England to be tried at the Common Law higher and greater then all the charges against the fourty four Judges hanged for false and illegal Judgments by King Alfred before the conquest which with their crimes are recorded in the Law Book called The mirror of Justice Printed in English for Matthew Walbank at Grayes Inn gate 1646. page 239. 240. 241. 242. 243. 244. 245. See also page 196. 197. 207. ibid. Or then the impeachment or accusation Of the Lord chief Justice Wayland and the rest of his brother Judges and Lawyers tormented in Edward the first his time and mentioned in Speeds Chronicle fol. 635. Or then the impeachment in Parliament against Judg Thorp who for taking small bribes against his oath was condemned to die in Edward the third his time of whom you may read in the 3. part Cooks Institut fol. 155 156. and in Mr. Pyms Speech against the Earl of Strafford in the Book called Speeches and Passages of Parliament pag. 9. Or then the impeachment 〈◊〉 a charge of the dethroned King Edward the second in full Parliament the maner of whose dethroning you may notably read in Speeds Chronicle fol. 665. Or then the many Articles of impeachment of the dethroned King Richard the second in full Parliament recorded at large in the Chronicles or History of Will. Martin fol 156. 157. 158. 159. the 8. 10. 12. 15. 21. Articles of which I conceive must remarkable as to the people which are extraordinary well worth the reading for in them the King himself in those dark days of Popery is charged To have perverted the due course of the Law or Justice and Right and that he destroyed men by information without legal examination or tryal and that he had declared the Laws of the Kingdom were in his own Erest just the same thing do Mr. Peters and other mercenary Agents of the Grandees of the Army now constantly declare of them and that by himself and his own authority just Cromwel and Ireton like onely much short of them he had displaced divers Burgesses of the Parliament and had placed such other in their rooms as would better fit and serve his own turn Or then the impeachment of the Lord chief Justice Tris●lian who had the worship or honor in Richard the second his time in full Parliament to be apprehended in the forenoon and hanged at Tiburn in the afternoon with his brother Judges viz. Fulthorp Belknay Care Hot Burge and Lockton or their associates Sir Nicholas Bramble Lord Mayor of London Sir Simon Burley Sir William Elinham Sir John Salisbury Sir Thomas Trevit Sir James Bernis and Sir Nicholas Dodgworth some of whom were destroyed and hanged for setting their hands to Judgments in subversion of the Law in advancing the Kings will above Law yea and one of them banished therefore although a dagger was held to his brest to compel him thereunto Or then the indictment of those two grand and notorious traitorly subvertors of the Laws and Liberties of England Empson and Dudley Privy Counsellors to Henry the seventh recorded in Cooks 4. part Institut fol. 198. 199 read also fol 41. ibid. and 2. part Instit fol. 51. Or then the impeachment of that notorious wicked and traiterous man Cardinal Woolsey by King Henry the eight his Privy Councel recorded in the 4. part Cooks Instit fol. 89. 90. 91. 92. 93. 94. 95. Read especially Artic. 17. 20. 21. 23 25 26. 30. 31. 33. 35. 38. 42. in all which he is charged with Arbitrariness and subversion of the Law Or then the impeachment of the Shipmoney Judges who in one judgment did as much as in them lay destroy all the Properties of all the men in England read the notable Speeches against them in Speeches and Passages Or then the impeachment of the Bishop of Canterbury in the late Parliament Or then the impeachment of the Lord Keeper Finch Earl of Strafford Secretary Windebank Sir Richard Bolton Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerrard Lowther Knight Lord chief Justice of the Common Pleas in Ireland and Sir George Ratcliff all whose impeachments are recorded in a Book intituled Speeches and Passages of Parliament from November 1640. to June 1641. Pag. 76. 77. to 83. and 117. 118. to 143. and 174. and 256. 257. 258. Or then the Articles or charge against the two Sir John Hothams the elder of which kept the King out of Hull the beginning of these Wars when the House of Commons durst not command him positively to do it although they were effectually put upon it by a motion from the younger then sitting in the House and yet they were both beheaded as Traytors for but endevoring to
to speak So preparing for the journey I arrived with other of my friends at Westminster and being not long at the House door where was many friends come downe from London and Southwark to hear and see how things went I addressed my self to the Sergeant of the House to let him know I was there to tend upon the Houses pleasure And he immediately after came out with his Mace and CALLED FOR Mr. MASTERSON THE JUDAS PRIEST and my selfe so in we went and also the Lieutenant of the Tower as my guardian and having given them that due respect that I conceived is due unto their just and true authority though I owe little or none unto the persons that sat there by reason of their grosse abusing and most abominable of their righteous authority the thing that passed so near as my memory to the utmost punctilio will serve me I shal faithfully relate unto you Upon our comming to the Bar where both my lying accuser and my selfe stood the Speaker stept up in his Chaire and commanded Mr. MASTERSON in the name of the House of Commons to give them again a narrative of what he yesterday declared to them So he very formally begun and spoke as freely as if he had learned his Lesson without book and truly I could not but stand amazed at the mans impudence that he durst with so much confidence tell so many lies as he did But giving not much regard unto his accusation to treasure it up in my memory being resolved before hand to take no cognizance of his verball impeachment which in Law was nothing I fixed my mind very seriously upon the Lord Jehovah my old experienced refuge strength and support and was a wrestling with him for the incomes of his own self that so I might speak freely and boldly in his might and power if it were possible to the amazement and terrour of his enemies amongst those that should hear me divers of whom I was confident would lye in wait to catch and intrap me And now and then the House in my apprehension being very full I cast my eie about me to look upon the countenances of the Members and to observe their behaviours most commonly fixing my eie stedfastly upon the Speaker in the Chair Who assoon as he perceived Mr Masterson had done beckoned his hand unto me as I conceived to have me answer the Priest but I stood still and took no notice of his beck at last he wished me to say what I could answer for my self unto it whereupon pausing a little after a congey made unto him I opened my mouth to this effect Mr Speaker I desire in the first place to premise this That I look upon and own this honourable House in its constitution and power as the best legallest and justest interest power and authority that is established in this Kingdom or that all the Commons of England visibly hath for the preservation of their lives liberties and estates And I doubt not but so to speak unto you and so to behave my self before you this present day as thereby to demonstrate to you that I am an honourer an owner and a prizer of this greatest English authority and interest in which as a free Commoner of England I have a little share And therfore if this honourable House please to afford me Paulis PRIVILEDGE that he enjoyed amongst the Heathen and Pagan Roman Governours or Magistrates which was to hear him speak freely for himself before they would condemn him Which liberty and priviledge I freely and largely enjoyed at the hands of the Cavalier Judges at Oxford when I was arraigned in irons before the Lord chief Justice Heath and Sir Thomas Gardiner late Recorder of London for drawing my sword and at your comand adventuring my life for the great interest of the Kingdom involved and single represented in this honourable House in the destruction of which it perisheth who before all the City and Country then assembled in Guild-hall in Oxford gave me free liberty without the least interruption to say what I pleased and to plead for my life in the best manner that all those abilities God had given me would inable me * The enjoyment of which was but my right by Law as appears remarkably in the third part of Cooks Institutes fol. 29. 137. 230. to do The which priviledge and legall and naturall right if you please to grant me I shall speak freely WITH THIS PROTESTATION AND SALVO That I do not speak nor answer out of any dutie or tie that lies upon me by LAW FOR ALL CHARGES IN LAW OUGHT TO BE IN WRITING under the hand or hands of him or them that chargeth and in that form that the Law requires and proceeded in according to the form of the Law of the Land expressed in the 29 Chapter of the great Charter and these Laws which expound it which are mentioned † Which you may at large read in my plea before Mr Corbet recorded in the 8 9 10 pages of it being called The Resolved mans Resolution and Mr John Wildmans notable defence against Masterson called Truths triumphs pag 2. 11 12 13 14. and my late Book of June 8. 1649. entituled The Legall Fundamentals c. p. 6 7 8 9. and nominated in the Petition of Right Which this pretended Vergall charge is not in the least And indeed Mr Speaker in Law it is no charge at all neither in the way this Informer is in can I well have any remedy against him in case he abuses me for as I understand if he tell twenty lies against me I cannot punish him but if he maliciously swear one against me I have his ‖ See Sir Edward Cooks 1 part Institutes fol. 294. b. and 3 part chapt Conspiracy is very remarkable fol. 143. ch Perjury fol. 163 164 165 166. and 4 part fol. 66. ears as my mercy c. therfore a Betraier of my Liberties I should be if I should look upon it as any charge at all and in that consideration return an answer to it and therfore again saving unto me the rights and priviledges of an English man which is to be tried by no other rules or methods for any reall or pretended crime whatsoever then what is declared by the known established and declared Laws of England nor by nor before any other Authority or Magistracy then what the Law hath authorized to be the executors * Which I am sure the House of Commons are not in the least See my Book called The Peoples prerogative p. 40. 41 72 73. and my Book called The Laws Funerall pag. 15 16. And my second Edition of my Picture of the Councel of State pag. 7 8. And my Book of the 8 June 1649. entituled The Legall Fundamentall Liberties of the People of England revived pag. ● 16 17. And Mr Wildmans Truths Triumph pag. 2. 17 18. And the Laws subversion or Sir John Maynards case stated pag. 33 34 35 36.
to his posterity for ever And as I told my friend Mr. Speaker the Report might arise from this which relation is true and hath not been delivered to me once nor twice but oftner But Mr. SPEAKER I shall acquaint you further that I in part acquainted my friend how ingenuously I had dealt not only with my Lord WHARTON but the whole House of Peeres in that I obeyed their first Warrant they sent to me to come to their Barr the 10th June 1646. and immediatly as soon as I was served with it being about six a clock on the next morning at my own house and I was to appear before them at Ten the same morning I went immediately to my Lord Whartons house and he being not stirring I desired his servant to tell his Lordship what had happened and that in regard I was obliged to their House for the late Justice they had done for me about my reparations against the Star-chamber Judges BEING OLD SIR HENRY VANE c. I was resolved for ingenuity and gratitudes sake to vaile my Bonnet to them as farre as with honesty and a good conscience I could And therefore it was that I had obeyed their Warrant and promised to appear at their Barre which as I sent him word was more then by Law I was bound unto but yet when I came there I was resolved at their Bar to protest against their jurisdiction over a Commoner but I could doe no lesse then acquaint his Lordship with it before-hand that so if he pleased to save and preserve the honour of their House he might if not I would doe it if I dyed for it And if his Lordship pleased I would meet him at the stroke of Nine a clock at COL FLEETWOODS in black Fryers to talk with him further about it where he appointed to meet me and away went I to a friend and drew up my Protestation leaving him one copy to print in case I were imprisoned and I took another with my hand and seal to it and accordingly Mr. Speaker I met my Lord at Col. Fleetwoods house who as I remember was gone abroad whereupon I walked with my Lord to the black-Fryers bridg where we had a large discourse about the Lords originall jurisdiction over Commoners and I shewed him my protestation the marrow of which he read and I earnestly intreated him that he would be pleased to speak to the EARL OF ESSEX AND WARWICK AND MY LORD ROBERTS who was the principall man that had done all my businesse for me and tell them from me I bore so much honourable respect unto them and their House that if they pleased to command me to wait upon them I would and upon all the rest of the Lords in the house and freely answer them to any questions that they in honour could demand of me and I in conscience return an answer to alwayes provided they talked not with me as a House nor a Committee from their House for having been fighting for my Liberties and Freedoms I protested unto his Lordship before the God of Heaven and Earth and so I wish'd him to tell them that if they forced me to their Bar I both must and would protest against their incroachment upon the Commoners Rights and appeal for justice against them to the House of Commons although I died for it immediatly And his Lordship told me he beleeved the House of Commons would not stand by me and I answered I was confident they would for it was their own Interest but if they would not I told his Lordship now I knew my Liberties I would never betray them while I breathed And this my Lord I tell you further and do professe it before Almighty God that if your House will not be ruled by reason but by their greatnesse think to crush me and by force engage me in a contest against you I so well understand the firmnesse of the grounds upon which I go that I will venture my heart bloud against you and never make peace with you till either you have destroyed me or I have p●ucked you or your Vsurpations up by the roots So away he went and kept it off till about one of the clock And Mr. Speaker when I was called in to their Bar in going in I put no affront upon them but went bare-head and gave them three or four conges with all respect before I came to their Bar where they fell a playing the High Commission Court with me in examining me upon Interrogatories against my self which forced me to deliver in my Protest against them so that Mr. Speaker I am sure I pick'd no quarrell nor sought any with them But now Mr. Speaker being so deeply engaged against them by their own folly as I am for the preservation of the Laws and Liberties of my native Country against their trampling them under their feet in the enjoyment or practise of their usurpations I will never make peace with them while I live but studie night and day how to pluck them up by the roots which I am confident Mr. Speaker is also the duty of this House if they will rightly and truly discharge their duty to the Kingdom according to that trust they have reposed in them The Reader may be pleased to take notice that at the Bar when I was speaking of writing of Letters I took notice of one of the priests positive Charges which was that I had writ a Letter to Sir Anthony Weldon of Kent which I told M. Speaker was the absolutest lye in the world for I never had a hand in the least in writing or indicting a Letter to Sir Ant. Weldon neither did I read or heard read any Letter unto him But M. Speaker said I there is well nigh forty lyes more as palpable ones as this in his Relation which I dare with confidence aver it at this bar if I had in writing verbatim the very relation that he hath now made before this House by word of mouth for all his confidence that I could by multitude of witnesses of upright life conversation in all their conversings with their neighbours and of untainted fidelity to the Parliament and the common interest of the Kingdom in the worst of times punctually prove the greatest port of forty absolute lyes and falshoeds in his present confident relation and for his averring that I said or it was said at the meeting that we would only make use of the Parliaments name and of our Petition to them for a cloak to colour our raising of the people til we were strong enough to destroy them M. Speaker I aver it with confidence upon my life there was no such thing spoken at all in the foresaid meeting or any thing so much as tending thereunto all the time I was there but the absolute quite contrary the truth of which I am confident will if need require be averred upon Oath by the generality of the whole Company then met together And therefore Master