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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88240	The prisoners plea for a habeas corpus, or an epistle writ by L.C. Joh. Lilburne prerogative prisoner in the Tower of London the 4. of Aprill, to the Honourable Mr. W. Lenthall Speaker of the House of Commons. In which is fully proved, that the judges are bound by law and their oaths to grant a habeas corpus to any prisoner ... and to deny it ... is to forsweare themselves, for which they may be in law indicted for perjury, and upon conviction, are for ever to be discharged of their office, service and councell. In which is also declared the usurpation of Mr. Oliver Crumwell, who hath forcibly usurped unto himselfe the office of L.G. in the Army, for almost 12. moneths together, and thereby hath robbed the kingdome of its treasure, under pretence of pay, which he hath no right nnto [sic], and by the power of the said office hath tyrannized over the lives, liberties, and estates of the freemen of England ... all which John Lilburne will venture his life according to the law of the land to make good, unto which he hath annexed his epistle which he writ to the prentices of London the 10th of May 1639 ...	Lilburne, John, 1614?-1657.	1648 (1648)	Wing L2165; Thomason E434_19; ESTC R202789	26,710	17

consideration in Easter Tearme followin● with one unanimous consent that if the party imprisonned be in Law not bailable yet we oug●● say they upon complaint to send the Kings Writ of a Habeas Corpus for the body and t●● cause And if in the returne no cause nor no sufficient cause appeare then we doe as we ough● set him at liberty otherwise upon removing the body the matter appeare to be of Eccelsiasticall cognizance then we remit him againe and this we ought to doe in both cases say they And in the 22 Article the Clergy complains that some of the temporall Iudges are grown to such an innovating humor upon their jurisdiction given them by Law that they have delive●ed certaine lewd persons fined and imprisoned by them for greivous crimes to the● treading th● Kings supreame Ecclesiasticall authority under their feet unto which the Iudges answer W● doe not neither will we in any wise impunge the Ecclesiasticall authority In any that pe●taines unto it but if any by the Ecclesiasticall authority commit any man to prison upo● complaint unto u● that he is imprisoned without just cause and if they will not certifie unto us 〈◊〉 the particular cause but generally without expresing any particular cause whereby he it ma● appeare unto us to be a matter of Ecclesiasticall cognizance and his imprisonment just 〈◊〉 we doe and ought to deliver him and this is their fault and not ours and although some 〈◊〉 us have dealt with them to make some such particular Certificate to us whereby we may be able to Iudge upon it as by Law they ought to doe yet they will by no meanes doe it and there●●re their error is the cause of this and no fault in us for if we see not a just cause of the parties imprisonment by them then we ought and are bound by Oath to deliver him And they ●ll conclude that the Iudges doing what they ought and by their Oaths are bound to doe they ●●e not nor ought no to be questioned therefore ●nd that a Habeas Corpus is not by law to be denied to any prisonner whatsoever his crime be ●y whomsoever committed I further make appeare thus First a man in execution for debt is by the Law of the Land not bailable and yet a Habeas Corpus cannot nor ought to be denied h 2 H. 5 ch 2 and 11 H. 6. chap. 10. to him Secondly a man excommunicated is not baileable by Law and as Law a Habeas Corpus cannot nor ought not to be denied to ●● i 2 part insti fol. 614 615 616. such and soe for all offences whatsoever And among o●● remedies against unjust imprisonment the Law of the Land 〈◊〉 this remedy amongst many others as the Writ de homine pag●●●do and the Writ de odia ●t atia and the Writ ponendo ●●idlium and the Writ of false imprisonment and an action of ● k See 2 part insti fol. 42 43 53 55. 187. case upon a false returne made upon such a Habeas Corpus Thirdly It is against the Iudges Oath to deny it in which Oath he sweares to do equall Law 〈◊〉 execution of right to all people rich or poore without having regard to any person and that ●●y deny to no man common right by the Kings letters nor none other mans nor for no other ●●se and in case any letters come to you contrary to the Law that ye doe nothing by such letters notifie the King thereof and proceed to execute the law not ●standing the l See his Oath at large printed in Pultons coll of statuts fol. 154. and my late booke called the peoples prerogative pag. 10. letters But a Habeas Corpus is part of the Law of the Land which 〈◊〉 Iudges ought to grant to all men that demand them by whom over committed although their crimes be unbaileable There●●re the Iudges denying of it to any man whatsoever that craves against their Oath by doing of which they forsweare them●●lves and so are liable to be indicted for perjured persons upon conviction of which they for ever 〈◊〉 their places and are for ever to he uncapable to be Counsellers c. as appeares by an act of ●arliament of the 11 H. Rot Parl. no 28 m. not printed in the statute booke but is printed in the 3 〈◊〉 instituts fol. 224 22. Fourthly To deny a Habeas Corpus is against Magna m bide 2 part insti fol. 53. 55. ●●●arta and the Petition of Right made in the third of the King ●●d the act that abolished n both which you may read in the people perrogative page 1 2 3 23 24 25. the Starre-Chamber made in the 〈◊〉 of the King yea against your own declarations as appeares part dec pag 6 8. Fifth To deny it is to rob the people of their declared and un●●●ed birthright viz. the Law of the o 1 part bo● dec page 7.38 39 77 201 278 459 650. 660 845. Land and so to deny all the ends wherefore we fought in the late Warr● against 〈◊〉 King which was principally to preserve our Laws and liber●● Sixtly To deny it is to contemne the declared authority of Parliament who in all their 〈◊〉 Protestations Vows Covenants and Declarations have sworne Vowed promised and ●●lared they will maintaine unto the people their Laws and Liberties and againe and ●●i●e imprecated the wrath and vengeance of Heaven to fall upon them when they doe ●i p See and compare together 1 part bo decl p 17. 18 214 264 266 267 340. 462 464. 466. 473 588 666 673 690. 750. not solemnly declaring they have no aimes at themselves but wholly at the publique But Habeas Corpus is an essentiall part of their Laws and liberti●● And therefore to deny it is to contemne the Parliaments auth●rity And for then to suffer it is to render them a company forsworne men and so never fit hereafter to be trusted But if it shall be objected that if you should maintaine the la●● you could not now or in your by past straights preserve yo●●selves and the Kingdome against the King To which I answer there is a great disproportion in reaso● and so adjudged by your selves q 1 part bo●● decl 205 266 276 687 690 700. betwixt that Law whic● concernes a single person the King who had so much caused the Laws to be broken as in yo● first Remonstrance you declared before this Parliament as he did and his prorogative and b●twixt that law that concernes millions of people that never had a hand in being guilty in a● such thing viz. all that are or hereafter shall be in the Kingdome And besides though the people in assisting you against the King suffered you in the time open and denounced warre to doe and did themselves many things that were not consonant to th● strickt letter of the Law of England walking then in that great extremity by that rule of rig●● reason that vniversall

common Gaole of the Fleete laid me in Irons upon both my armes and legs night and day all wihch was done unto me by the bloody and wicked decree of mercilesse and barbarous Sir Henry Vaine Senior and the Earle of Salsbury Lord Chiefe Iustice Bramston c. at which time J sent Canterbury and the rest of h●s bloody brethren word that for all that they had caused to be done unto me or could farther doe unto me I was not in the least afraid of them for J neither feared an Axe at Tower Hill nor a Stake in Smithfield nor a Halter at Tyburnt nor whipping at a Carts arsse nor a Pillorie in the Palace yard nor gagging nor cutting of eares and nose nor burning in the fore-head and cheeks nor yet banishment with Iohn to P●thmos For I verily believe if you should send me thither I shall there find Christ which by his spirit will unfold the revelation unto me and then I would write it and send it abroad into the world which would vex you as il as Sampson did the Philistims and prove as fatall to your decaying tottering spirituall Babilonian Anti-Christian Kingdome as his Foxes with fire brands at their tayles were to the Philistims Corne. And therefore as you loue your almost ruinated Kingdome looke to it and know that the faster you kick the harder J will sp●r you and the more you fling the closer I will stick and cleave fast unto you for you are plants which I groundedly know the Lord never planted and therefore undoubtedly he will pluck you 〈◊〉 Mat. 15.13 And therefore by the might power and strength of my God Psal 118.14 Esay 12.2 who is the worker of all my workes in me and for me Esay 26 12. I am resolved come life ●●e death seeing you by force have called me to it to shew my self valiant for the truth of God Jer. 9.3 which message Mr. Speaker you may read in the 34. pag of my book called Come out of at my people printed at Amsterdam 1639. And truly Mr. Speaker if you compell and force me to such a course J shall deale ingeniously with you and acquaint you before hand with my epistle J writ to the Apprentices of London upon the 10 of May 1639. the copy of which I shall hereunto annex the effects of which was like to have saved Derick the Hang man a labour in reference to the Bishop of Canterbury the like of which in reference to you and Cromwell c. I shall not feare to write againe and set my credit upon the tenter hooks if it be possible to get money to print enough to send all over England let the issue be what it will I can but dye and say I better any way then to be murdered and fami●●ed by you in a bole and a corner in silence But I am confident I shall fix such a charge upon Cromwell c. as shall clearly make them apparent to be the arrantest Iuglers Dissemblers Hypocrites Apostates and Lyars that ever breathed in the world that professed honesty a Which is already prittie well done in those two books called Putney Proiects and Westminster proiects and sincerity yea to be tyrannicall monsters in comparison of Strafford and Canterbury who were esteemed bail enough in their generation For though the Earle of Strafford caused to be condemned the Lord Mount Norris a Member of the Irish Army by Marshall Law over which Army the Earle was Generall by lawfull Commission which act of his notwithstanding was obiected against by your house as an act of treason in subverting the law which act was strongly pressed upon him as a most hainous crime by Mr. Glyn Recorder of London and a member of your hous● being assigned so to doe by you to which he made a more notable defence for himself by a thousand degrees then J am confident Cromwell is able to make to justifie his Martiall Law actions whose defence you may partly read in a printed relation thereof printed 1647 pag 11 12 13. Yet though he were esteemed very bad in his generation he never had so much impudence to ●ed●le with or endeavour to condemne to death a meer Commoner as Mr. Cromwell hath done in the case of William Thompson a meer Commoner as he hath fully proved himself to be in his ●●●e and impartiall printed relation dated from White Hall the 12. March 1647. whom upon the 16 Fol. 1647. he took from the House of Commons doore and most illegally by word of mouth and force of Armes committed prisoner to his Mercinary Iunisaries at Whitehall where to the ut●er levelling subverting of Magna Charta and the Petition of Right c. he hath passed upon him a sentence by Marshall Law to be shot to death and your House who should be the preservators and conservators of the lawes and liberties of England take no notice of the poore mans dying condition to redeeem him as you ought in duty and conscience to doe out of the clutches of that grand Vsurper and Tyrant Cromwell and to punish him c. severely therefore but by your silence you rather seem to justifie that murdering and tyrannicall action yea and so carrie you ●●●ves in it as though you were resolved without check or comptroule to give him leave to murder and destroy all the honest men in England at his will and pleasure that he beares a malic● to the full discovery of the evill consequence of which single president of Thompson will be worth the Kingdome knowledge which in due time to your eternall shame amongst men it may be the may enioy which is may be may in time bring Cromwell for all his arbitrarie proceedings again and subvertion of the fundamentall law of the land to the punishment of Empson and Dudley Privie Consellours to Henry 7. who yet had an Act of Parliament to authorise their proceedings of whom and their arraignments and ends you may read in the 2 part institutes fo 51. and 3 part fo 208. and 4 part fo 41 196 197 198. and in Iohn Speeds Cronicles fol 978 983. But Sir before J totally conclude I cannot but acquaint you what a lving desperate and malicious design Cromwell some moneths agoe had to destroy me and take away my life who by his mercenary Emisaries Paul Heison and Lievt Col. H. L. groundlesly raised a repor● all over the Army that I had told the foresaid Lievt Col. that some of the late Agents had a design or intention to murder and kill the King which was and is the most notoriousest and fals●lye in the world for I doe protest before men and Angels I never said any such thing in all 〈◊〉 life to any man breathing nor never was so told from any of the Agents or any of their friends and I will iustifie what I now say with my life against any man breathing that shall have so much basenesse and impudency to affirme the contrary against me viz. that ever be

The Prisoners Plea for a Habeas Corpus Or an Epistle writ by L. C. Joh. Lilburne prerogative prisoner in the Tower of London the 4. of Aprill to the Honourable Mr. W. Lenthall Speaker of the House of Commons In which is fully proved that the Iudges are bound by Law and their Oaths to grant a Habeas Corpus to any prisoner whatsoever that craves it by whomsoever committed and to deny it whosoever commands the contrary is to forsweare themselves for which they may be in Law indicted for perjury and upon conviction are for ever to be discharged of their office service and councell In which is also declared the usurpation of Mr. Oliver Crumwell who hath forcibly usurped unto himselfe the Office of L. G. in the Army for almost 12. moneths together and thereby hath robbed the Kingdome of its treasure under pretence of pay which he hath no right unto and by the power of the said Office hath tyrannized over the lives Liberties and estates of the freemen of England in a higher manner then ever Straford or Canterbury did all which John Lilburne will venture his life according to the Law of the Land to make good unto which he hath annexed his Epistle which he writ to the Prentices of London the 10th of May 1639 when he was like to be murdered in the Fleet by the Bishops as now he is like to be murdered in the Tower by Crumwell and his tirannicall fellow Grandees Mr. Speaker IT is the saying of the Spirit of God That a righteous man regardeth the life of his Be●st but the tender mercies of the wicked as cruelty Prov. 12.10 And if a righteous man regardeth the late of his beast much more of a man that did or doth him service but he that to such a one rewardeth evill for good declares to the purpose that his tender mercies is cruelty indeed but whether your dealings in particular and the dealings of your House in generall have been so un●o 〈◊〉 yea or no I will not now determine but at present leave it to the consciences of you and them 〈◊〉 you have any left to Iudge But Sir give me leave to put you in minde that I have contrary to all Law and Iustice been 〈◊〉 almost two yeers a prisoner in the Tower of London committed originally by those viz the ●●use of Lords that at your Bar the 19. Ian. last I averred and in 〈◊〉 good measure proved a As you may read in my late printed speech called a Whip for the present house of Lords pag. 14 15 16 17. and which is absolutly and fully proved by Mr. Lionel Harb●n in his plea the 17. present for the imprisoned Aldermen of London c. pag 11 15 16 17 by Law had no more power to com●● then so many Turks or Tart●rs hath But that day I was by Vot● of your House a new committed to prison who if you please believe the learned opinion of your brother Lawyers Mr. Wil●●a● Prin declared in his late plea for the Lords jurisdiction o●●● Commoners your House in Law hath not so much power to 〈…〉 me as the Lords hath and they none at all But howsoever whether they have or have not I ought by 〈◊〉 when I am committed by whomsoever to be brought to a speedy triall as is excellently well proved and illustrated by Sir Edward Cooke in this exposition the 29 Chap of Magna Charta b in the 2 part instit fol. 42 43 also fol. 186 189 515 and 1 part instit lib 3 chap 7. Sect. 438 fol 260. the oppressed mans oppressions declared pa 1.3 4 a Whip for the Lords pag 2 25. Th● Law of England i● extreame tender and favourable of a mans freedome ●nd 〈◊〉 And therefore it hath appointed officers and ministers to del●● the Goale three times a yeere or oftner c 4 E. 3. chap 2 prined in the peoples prerogative pag 6. if need be because in eye of the Law the prison is a bad or a hard mant●on or dwellin● And besides that all men committed for any trespasse whatso●v●● for which he is not to lose life or member shall be d See 3 Ed. 1.15 printed in tho peoples P. pag. 6. ba●●ed Goale by the common law of England saith Sir Edward Coo● being the pledge or surety of him that could finde noe other ●● therefore by the ancient common law of England Treason Felony in case the party that had committed it could find g●● baile was baileable And in case the prisonner be long the●● should be e See 2 part instit fol 186 189. detained in prison and denied to be bailed according the law the law hath provided a Habeas Corpus for his reme●● to bring his body and cause up before the Iudges with a Habeas Corpus is not to be denied to any that craves it whether he be b●● able or f See 2 H. 5 ch 2. 11 ch 10. Petition of Right in the C R. bag case 11 part works reports 2 p. insti fol. 615. 616. noe And to deny it to any man what ever that craves it let his ca●● which he is cōmitted for be it what it will is to deny him the benefit of the Law of the Land for 〈◊〉 the returne of the Habeas Corpus it doth not Iudicially appeare for what cause he is imprison but on the returne it will appeare and if upon the returne it doth appeare that he is imprison contrary to the knowne and declared Lawes of the Land the Iudges are bound by their Oat● without any more adoe to deliver him whosoever commands to the contrary And if it appeare th●● he is legally committed for a crime in Law that is bailable they are to baile him and if his er●● be not bailable they are to turne him back from whence he came and all this clearly appear●● by Sir Edward Cooke upon the 29 chap of Magna Charta fol. 55. published by your selves Law And by the Iudges answere to the 25 Articles or objections that Richard Bancroft Are bishop of Canterbury exhibited in the name of the whole Clergy then high enough in M●chaelmas Tearme in the the third yeer of Ki●g Iames to the Lords of the privy counsell agai●● the Iudges of the Realme for incroaching as they suppose upon their Ecclesiasticall jurisdiction g which you may read at large in the 2 part instit fol. 191 602 to fol. 618. where in their Article they complaine against the Iudges in Westminster ha●● that they command and cause the Sheriffe to bring before the into their Courts parties so committed by the Ecclesiastie●● Iudges to prison that by the Laws of the Land they ought not to deliver untill the Ecclesias●●call Courts were satisfied and yet by their owne discretion set them at liberty without nor a thereof given to the Ecclesiasticall Iudges c. Vnto which al the Iudges of England and all th● Barrons of the Exchequer upon mature deliberation

Members of Treason they had all their matter in a manner against them to seek and I will prove to this effect to Crumwells face that when by the Counsell c. it was demanded of him both at St. Albons and Colbracke what he had against Sir Iohn Maynard he positively answered he at present did not well know but he was a busie prating man and therefore must be in that soe he might be taken out of the way them as without ●all ground it hath done others the ●ower and tyranny of whom doth to●ly over awe them of which every ●ng your selves remarkably com●ine in the 8 page of your forementioned first Remonstrance And seeing ●am in Prison I cannot come to the Kings Bench Barr to move for my selfe if our House will doe any thing that is sutable to Law and justice which is all ●e mercy and pitty I crave at your hands then I must of necessity be compell● as you in your great straights did to cry out to all those that had any sence of my honour or honesty to come in to aide a distressed State 1 part bo decl p. 98 earnestly and mournfully to cry out allowd to all the honest Noune substantive men in and about the City of London to pitty and 〈…〉 distressed and oppressed estate and condition and rather then to suffer me to murdered and starved in Prison by the Tyranny of Cromwell and his Gra●dees that have now visably turned their backs of God of the Liberties their native Country of common honesty humanity and justice to use th● utmost indeavours to bring me to the Bar of justice there to receive a try according to the knowne Law of England for my life and that justice with o●● partiallity mercy pitty or compassion may be executed upon me either to 〈◊〉 condemnation or justification which is all the favour pity or compassion crave from all the adversaries I have in the world And for that end Mr. Speaker I shall with all earnestnesse and industry indeavour to get as many of them as I can the first day of the next Tearme to g●● up by 6 or 7 a clocke in the morning in person to Westminster hall a●● deliver me a Petition to the Iudges there sitting in the very following word● To the Honourable the Iudges of the Kings Bench. The Humble Petition of Levt Col. Iohn Lilburne Prisoner in th● Tower of London Sheweth THat your Petitioner is an Englishman and thereby intailed and intituled to the benefit all the Laws of England which by your Oaths x x Which is printed in Pultons col of Statutes fol. 144. and the people prorogative p. 10. you are sworne indifferently and equa●●● without feare or partiallity to administer gr●tis to all perso●● rich and poore without having regard to any person notwithstanding any command whatsoever to the contrary Now for as much as a Habeas Corpus is part of the Law England and ought no● by Law to be denied to any man y y See 2 H. 5. cha 2 Petition of Right 3. C R. the act that abolisheth ship money 17. C. R. 2 part insti fol. 53. 55. 55. 615 616. See 26. ch of Magna Charta and Sir Ed. Cooke exposition upon it fol. 42 3 Ed. 1. ch 26. and the exposition upon it in 2 part insti fol. 210. and the Statute of the 11 H. 4 Nu. 28. not printed in the Stat. book but as printed in the 3 pt insti fol. 146. 224. 2●5 whatsoever that demands it which though your Petition earnestly indeavoured the last Tearme to obtaine yet occur not prevaile with his Counsell to move for it although 〈◊〉 hath almost this two yeers been detained in prison in t●● Tower of London without all shaddow of Law or justic● and by the Lievtenant thereof hath been divorced from t● society of his wife debarred from the free accesse of 〈◊〉 friends deprived of the use of Pen Inke and Paper all wh●●● usages are against the expresse Lawes and Statutes of a● Land your Petitioners birthright and Inheritance Therefore your Petitioner humbly prayeth accordi●● to his right and your Oaths the benefit of a Habeas C●●pus and that he may have it gratis according to the L●● of the land and you Oathes to bring his body and car●● before you in open Court there to receive your award and judgement according to the d●clared Law of England And your Petitioner shall pray c. Iohn Lilburne And now Mr. Speaker I desire to acquaint your House with my intentions to bring my self up 〈◊〉 the Kings bench barre the first day of the next Tearme who I hope will not so far subvert the 〈◊〉 as to goe about to hinder me but there meet me according to law and justice with whatsoe●r they have to lay unto my charge and not still keepe me in Prison by will and force of Armes without laying any crime at all unto my charge and there think to murder or starve me unlesse ●ill stoope to their tyrannicall lusts and wills which if they doe Mr. Speaker it is not the ●t palpable iniustice that I have undergone by you in particular and them in generall as I ●erly evinced and fully proved to your faces in my speech the 19. of Ian. last at your open barre which you may now reade in my Whip to the House of Lords page 19. 20. 21. 24. 25. 26. But they shall doe this then I shall absolutly conclude the levellers viz. Cromwell and his grandee * For in my Whip 〈◊〉 the Lords I have ●dly proved that fact 〈◊〉 the absolutest Le●ellers in England and those honest men they nick-name Le●lers to be the principall supporters of ●●●ly and property in the whole Kingdome page 2 3. faction hath in good earnest already de facto levelled all our lawes and liberties to their own corrupt lusts and wills and have made England already to become like Turkey London like Constantinople the Army that was raised to preserve our lawes liberties and freedomes like the great Turks guard of Janisaries that will put all his commands in execution whether it be right or wrong And White Hall and the Muse like the Seralia in Constantinoppe being the place of Randezvouz or lodging of the tyrants mercenary law and liberty destroyers For truly Mr. Speaker I must say and 〈◊〉 it that Mr. Oliver Cromwel hath destroyed all our lawes and liberties and properties and set up an absolute tyrannicall arbitrary Government by sword and principally over all those that have fought in the sincerity of their hearts for the Parliament and their Country for worse then ever Strafford or Canterbury attempted to doe for which they lost their heads who yet in comparison to 〈◊〉 were but fooles and chickins scarce daring to think what he hath executed and acted But Mr. Speaker if you would know the reasons why I doe not call him Leivt Gen. Cromwell It is because I would correct a vulgar cheat amongst the people which of

right take him now to be lievt Gen. to the Army when as indeed and in truth he is no such thing rightfully for at the ●andellising of the present Generalls Army by the self denying alias cheating Ordinance no member of either House was to have any Office in the Army yet at the speciall desire of divers ●est petitioners in London who now are by Cromwell christened Levellers the General his Councell of War the Parliament by speciall Ordinance made Mr. Cromwell Lievt Gen. of the ●se of that Army for six moneths reserving still for ought I ever could hear the sole making of Generall Officers of the Army in their own hands and never gave it in the least to the Generall and after the expiration of the six moneths continued him by an other speciall Ordinance for six moneths longer but I could never heare that after the expiration of that six moneths they redeemed it againe And if they did which I confidently believe the contrary yet I am sure a●●●t a yeare agoe he and a● I remember all the rest of the Colonells in the Army that were lately made members of the House were by speciall Ordinance taken from their commands in the Army so that I am confident I may safely and positively cal him a palpable usurper of his pre●●● place and Office of Leivt Gen. of the Army and if so then he is no better then a Robber and a Theif in forcing money from the Parliament and People as he hath done for his pay and ought in equity and justice at least to make restitution of every penny he hath taken since he 〈◊〉 cashiered and hereafter to retire out of the Army that Soldier being no better then a foole that will obey him and take no more Nay he is not only a Theife a Robber and usurper but he is an absolute murderer too which I will maintain upon my life to prove him to be at the Kings bench bar and there or at the Assises in ●●ertford sheire he may and ought by the declared law of England to be indicted and ought in justice law and conscience to loose his life for that wilful malicious premeditated and forethought of ●urther that he committed upon the Soldier of my brother Col. Robert Lilburnes Regiment for Mr. Cromwell being indeed and in truth no Officer but a palpable usurper had not the least shaddow or colour to meddle to adiudge the Soldier to death or cause him to be shot for any pretended marshal crime whatsoever but. Secondly if Mr. Oliver Cromwell should prove himself an Officer of the Army then which I am confident he never can iustly or legally doe yet that would doe him no good to save his life † For I am sure the Earl of Strafford was generall of an Army in Ireland by legall Commission and did but doe that which many generalls there before him had done and by Martiall law caused the Lord Mount-Norris to be condemned to dye and by this Parliament he was therefore strongly impeached of treason and amongst other things lost his head therefore and yet the Lord Mount Norris i● alive to this day but the Soldier condemned by Cromwell an Vsurper is shot to death in the time of full peace Ergo he undeniably deserves to dye for that murder for it being done in a time of peace and not of warre although an Army be up in in the Kingdome and all the ordinary Courts of justice free and open where law and iustice i● d● spenced and administred according to its usuall manner where only and alone all Soldiers as well as all other Englishmen that are no Soldiers ought by the law of this land to be punished and no where else the law having made particular provision therefore yea almost for every crime that in time of peace is imaginable a Soldier can commit all which is fully proved in the 11. pag of the forementioned Plea of A. B Citizen of London and in my forementioned book called the Peoples prerogative pag 42 43 44 45 46 47 48 49 50 51. but especially pag 53 54 and in the 55 56. pages thereof you may read my letter which I sent to Windsor to the Generall the 23. Decemb. 1647. by way of challenge to all the Officers in his Armie to dispute that point with them before the Generall viz. that it now being time of peace he nor his Counsell of War cannot by Marshall Law put any man whatsoever Souldier or other to death but it is absolute murther And is so declared by your own authoritie in your premitive puritie and virginitie in the 3. part of the Lord Cooks institutes chapter of murder fol. 52. Where he positively declares it hath in law been often so resolved and there gives strong and undeniable reasons for it and I am sure the Earle of Strafford paid for it to the purpose And therefore Mr. Speaker I doe absolutely conclude Mr. Oliver Cromwell to be a murderer with which I now charge him and require you as you will hereafter answer it to a quaint your house that J doe hereby require him at their hands as a murderer of a Souldier of Co. Ro. Lilburnes Reg. neer Waire this last Winter 15. No. 1647. called Rich. Arnell And that they forthwith commit him as a murderer to prison without Baile or Mainp●ise according to the law of the land and I Iohn Lilburne am ready to enter into securitie according to Law to prosecute him and to make good the charge upon my life against him by way of indictment according to the known law of the land either at the Kings bench bar in Westminster Hall or else at Hartford Assises Sir you may please to remember that at your open barr the 19. of Ian. last I delivered a formall impeachment against him and his sonne in Law the pretended Comissary Gen. Ireton being the very same things but in a farre transcendent nature that they positively accused Mr. Hall is c. of reason for And I offered before you all as you very well know upon my life to make it good and am still ready and willing to doe it but the justice you did the kingdome was to commit me to prison for my f●ithfulnesse and therefore truly Sir J must in good earnest tell you that my urgent oppressing necessitie and your Sir Henry Vaine and Cromwels unparraleld cruelties toward me are so great and transcendent that unlesse I speedily injoy and really possesse some effectuall justice from you J must be compeld to throw all care and feare aside and pluck up the same resolution in reference unto you that I did towards the Bishops after they had caused to give me upon the 18. of Aprill 1638. with knotted cords 500. stripes in lesse then 2. houres time and set me upon the pillorie imediatly after and there put a gag in my mouth for an houre and a halfe to the almost renting my iawes in sunder and imediatly after this in the

heard me say such words yet upon this complotted and contrived lye of Cromwell and his pencionary creature● for no other can I iudge it he writ his Letter to Col. Whaty the Kings Gaoler at Hampto● Court that he had certain intilligence of the Agents intent to murder and kill the King whic● letter Whaley shewed to the King upon which false suggestion and lye of Cromwell and his confederates own framing the King fled no doubt with Cromwells privitie knowledge and good l●king into Cromwells mouse trap in the Isle of Whight and after his departure it was bruited by Cromwells instruments all up and down the Armie City and Country that J was the origina● reporter of it from whence to the hazard of my life they drew this inference viz. That Iohn Li●burne in the Tower who pretendedly stood so much for law and iustice was one of the Conspirator to kill or murder the King without all shadow of law and further said that he that without a●● collour of law would not stick to have a hand in murdering the King would not stick without the collour of law if he had power in his hands to destroy all those that stood in his war thereby measuring me by their own practises and by their own principles laid down by their darling Solicitor St. Iohn in his plea of Law against the Earle of Strafford and therefore it is necessari● said they to keep him fast in the Tower this or the substance of it with much confidence wa● reported by men of qualitie to divers desperate Cavilier on b And yet at the same time Cromwels agents and instruments amongst honest men in London reported me to be an absolute Cavilier and stuck not with confidence to declare J was commonly drunk with Judge Ienkins c. in the Tower hoping thereby to destroy my reputation amongst honest men for ever purpose as I cannot but conceive to set them upon me to stab me or cut my throat some of whom told me of againe protesting they could not believe that report of me but I wondered and stood amazed from whence it should arise having for my self protested againe and againe upon many discourses with my friends c that J could never see an● law in being in England to inable the two Houses of Parliament it selfe to draw up a charge or impeachment agains● the King to inable them formally and judicially to try him for his life either for willfull murder or misgovernment c and to take away his life by a law made expost fa●●o I then declared and for my part still do● thinke is not just And an impeachment by the Parliament which they iudged legall was the highest that ever I knew any man to attempt c But yet in reason and equity J cannot apprehend a reason why a King who is but a meere creature as well as any other man and at most is but a Magistrate of trust for murder 〈◊〉 should not be as liable to punishment amongst men as any other man though I confesse I ●●ver could see any thing by the Law of England to declare the King of England so for this I 〈◊〉 sure of God the Supream King never created any man whatsoever lawlesse which he must 〈◊〉 be that is free and above the punishment of all law and I am sure nature and reason rea●●eth me to hold or tye my Fathers hands at least if with them he should doe so unnaturall 〈◊〉 thing as to goe about to destroy me and therefore seeing in my apprehension there is a defect in ●●is particular in the Law of England I shall for the future wish desire and endeavour by all befall and iust wayes and meanes that all whatsoever may be bounded by law and subject to the punishment of the Law professing before all the world that J know nothing that makes a ●an a Magistrate over me but law and while he walkes by the rules of that Law which make him a Magistrate I shall own him as a Magistrate but when he tramples it under his feet and walkes by the law of his own will I for my part in such a condition cannot own him for a Magistrate or desire which I could never learn perfectly till I lately spoke to him of ●●e Agents that were in prison at Windsor and see and read their petition to their Generall earnestly to presse and desire him to search into the bottome of that false and groundlesse ● p●rt which its believed usurping tyrannising Cromwell would never suffer him to doe be being his Lord and Master a copy of which petition you may read at large in the 52. pag. of my forementioned book called the Peoples prerogative but I must take a fit time of purpose to discover ●●lly this desperate plot of Cromwell and his associates against my life and the reputation and ●●ves of the gallant and honest Agents and their Noun Substantive Associates who by him and his fellow Tyrants are nicknamed and baptized Levellers which title as I have in my last printed book fully proved is only proper for himself and his fellow grandees who have already actually Levelled all our liberties lawes properties and lives to their tyrannicall lawlesse wills and pleasures so that really the quandom free men of England cannot say they can injoy any of them l●●ger than the Grandees will and please yet to that hight of tyranny are they grown in the very ●●my that even in the Generalls Regiment of Horse some of their weather cock Mercinary Officers have already commanded the Souldiers not to goe or ride a mile out of their quarters without have at their perils nor to talke nor discourse of newes or of state affaires with any Country men or Souldier so that if they doe a little longer proceed as they have already begun verily verily Englishmen shall not differ from bruit beast but in shape and shall be worse then ever our ●ncestors were in that tyrannicall age of William the Conquerer whose tyranny is lively set forth in the beginning of that notable book called Regall Tyranny a true parallell of which if I have ●o more imployment then I find in a prison may shortly be the worke of my pen but at present I shall take my leave of you desiring now at last for you if it be possible you may turne honest and doe me some justice before feare vengeance and iudgement sweep you from off the land land of the living to the place of recompence of all Tyrants and oppressors and so I rest Yours to serve you if you would but faithfully serve your native Country till death Iohn Lilburne that neither feares a Tyrant nor loves an Oppressor ●rom my most illegall and murdering imprisonment it the Tower of London this 4. April 1648. going in the eight yeare of my fruitlesse expecting justice from the House of Commons who now make it their principall study and worke to cheat and deceive the poore people of the Kingdome