had cansed the grace of God to appear in my soul to 〈◊〉 me as a reciprecall duty spread abroad in my heart by the overflowings of the fountaine of love within me to abstaine from all ungodlinesse and worldly best and to live soberly and righteously in this present evill world doing good to all his especially to the houshold of Faith Ingraving with his Spirit upon my heart as with a point of a Diamond those Divine Laws viz. to doe to all men as I would they should do to me and in all the carriages of my life to be watchfull over my actings and not to be evill that good may come of it and thirdly that seeing that I am bought with a priâ—â— by Redemption that therefore I should not be the servant of men to serve their best and wills but entirely and solely the servant of God to glorifie him with my body in rightous and just actions amongst the sons of men as well as in my soul in speculation imgraâ—tion or adoration and so at present I leave them to the reflections of their own consciences if the vanity of the world and the fadeing promotions thereof hath not eat out the life and sensible part of them into whose secrets 〈◊〉 let not my soul O Lord enter into But as for the rest of their subscribing Comrades being in all six or seven I know not some of them only 〈◊〉 Price and Richard Arnold I know to be men fitly to deserve the name of 〈◊〉 Baristors or known Eves-dropers so detestable and abominable therefore to all truly really honest unbialed men that know them that a man shal but defile himselfe to touch them with a paire of tongs deserving no other answer from me for their indefatigable and restlesse pains to bespatter and destroy me but either the highest of scorn or a good cudgell in due time and so at presâ—â—â— I leave them to the serious perusal of their own ugly forms and shapes lively pictured out in that most excellent and masculine Anatomy of them by Doct. Brooks in his Law Book entituled the Charity of Churchmen or a Vindication of my most choice and honest Comrade and Fellow-sufferer Master William Walwyn But in regard my grand adversaries and their little Boagles in London doe continually report me to be a man of contention and one that is never 〈◊〉 from broyls nor never content with any Government but full of self â—â—â—ceitedness malice and revenge it will be very necessary for me to return aâ— effectuall answer to this before I come to the main thing I intend And therefore in the first place When I was a childe as Paul saith I thought as a childe I did as a childe but after I came to have any discretion well ngh twenty years agoe my Father brought me to London and bound me Apprendes to Mr. Thomas Hewson near London-stone whom I served as faithfully about six years as every Apprentice served a Master And though he had no more but my self and had many thousands of Pounds went through my hands driving a large Whole-sale trade yet directly nor indirectly I cannot remember that ever I wronged him of a Groat or the value of it or that ever all the 〈◊〉 I was with him I was ever branded or taxed with one bafe visible action or that I either gave or took a box on the eare or any thing like it or ever quarrelled with any Flesh alive all the time I was there although I had then as much mettle life and spirit as most young men in London had only I must confess my old Master offered me sometimes some abuse for which I carryed him before the Chamberlain of London and ever after lived in peace with him And after that in all the dayes of my calamity by the Bishops had the truest and cordiallest friend of him that ever servant had of a Master in the day of his tryall And though in his service keeping only a Ware-house severall days in the week I had spare time enough yet I never misspent it but continually spent it in reading the Bible the Book of Martyrs Luthers Calvins Bezaes Cartwrights Perkins Molins Burtons and Rogers Works with multitude of other such like Books that I had bought with my own money till the foresaid Mr. Edmond Rozer my familiar friend and neighbour and fellow-professor of Religion conversant at my Masters house from the beginning of my coming to him brought me in anno 1636. acquainted with Dr. Bastwick then prisoner in the Gatehouse whom after I visited constantly and for whose service I could have laid down my life and for my true affection to him I was forced by the Bishops and their Catchpoles to fly into the Low-Countreys for refuge just about the time of his Banishment where I was divers months and where the Kings Ambassador Sir VVilliam Boswell laid for me as I was informed severall designes to put me a Ship board and send me over to England to the Bishops here for my visible activity there against them which forced me continually to wear my sword about me yet in all my time there I never gave nor took a box on the eare nor had so much as a single quarrell and at my coming to England I was in danger enough and therefore went like a swaggerer disguised and yet was betrayed by my pretended bosome friend John Chilliburn servant to old Mr. VVharton in Bow-lane and so fell into the devouring clutches of the High-Commission Councell-board and the Star-Chamber all three of which had a sting at me But in all my troubles and tryals by them for divers years together I never saw or heard of any other prosecutor but only two most desperate forsworn false Oaths of my then familiar acquaintance Edmond Chillington then Button seller in Cannonstreet and now a forsworn lieutenant in Colonell Whaleys Regiment of Horse which false Oaths he was hired unto by the Bishops and their Chaplins Mr. Baker c. and by means of which he got his own Liberty and this he did for my curtesie and kindnesse to him in his then captivity c. owing me at this day I am confident of it upon that account well nigh 30 pounds by meanes of which Oathes I had above 500 stripes with knotted cords given me by the bloody decree ofold Sir Henry Vane c. and endured a world of other unheard of miseries and barbarous cruelties for three yeers together and at my deliverance by the Parliament I could have had his eares for perjury as easily as to have kissed my hand if I had been revengefull but so far was I from that that I never questioned him for it but contrarily I requited him good for evill when he was prisoner in Oxford Castle with me and ready to starve being destitute both of money and friends there and to save him alive I readily lent him both gold and silver as he very well knowes by the same token I was without my money
souls they have freely adventured their lives and so carried themselves in all their actions towards you that all their adversaries are not able nor ever were to lay in law my crime to their charge for the redresse of all the foresaid grievances and yet the best recompence you your selves give unto them is to toffe and tumble them yeer after yeer from Gaol to Gaol without laying any crime unto their charge denying them the benefit of their Birth-right the Law of the Land keeping thousands of pounds of their own from them and endeavouring in their long imprisonments to starve and murder them their Wives and Children by being worse then the King was to your Members who allowed them three foure and five pounds a man weekly notwithstanding their own great estates to live upon in allowing them never a penny to live upon endeavouring to protect all those unrighteous men that contrary to Law have endeavouted to murder and destory them and take away their lives and beings from the earth And all this is my own case and sufferings from you your selves Therefore Hear O Heavens and give ear O Earth and the righteous God and all just men judge betwixt â—â— And therefore if there be any truth or resolutions in you to stand to any thing that you say and declare I challenge at your hands the benefis of all your Declarations and Remonstrances which are all of my side and particularly the notablest of Declarations of the 6 of May 1643 and 17 April 1646. which was made before my contest with the Lords in which you declare 2 par Book De. fo 95. 879 that although the necessity of war have given some disturbances to loyall proceedings stopped the usuall course of justice 〈◊〉 the Parliament for the preservation of this right to impose and require many great and unusual payments from the good Subjects of this Kingdom and to take extraordinary wayes for the procuring of monyes for their many pressing occasions It having pleased God to reduce our affaires into a more 〈◊〉 condition then heretofore We do declare that we will not nor any by colour of any authority derived from us shall interrupt the ordinary course of Justice in the severall Court of Judicatures of this Kingdom not intermeddle incases of private interest otherwhere determinable unlesse it be in case of male administration of Justice wherein we shall so provide that right be done and punishment inflicted as there shall be occasion according to the Law of the Kingdom and the trust reposed in us Therefore seeing that you that stile your selvs the fountain and conservaâ—â—ry of the Law first par Book Declar. pag. 272 have declared in answer to the Kings Complaint against scandalous pamphlets which was the originall pretence of the Lords quarrelling with me that you know the King hath wayes enough in his ordinary Courts of Justice to punish such seditious 〈◊〉 and Sermons as are any way prejudiciall to his rights honour and authority pag. 208. and if the King the Superior or Creator of the Lords must be tyed in this case to the ordinary Courts of Justice according to the Laws of the Kingdom then much more the Lords the creature or inferiour to the King And therefore I hope you will not be angry with me for refusing obedience to the illegall commands of the single Lords the inferious or hinder me from obtaining Justice according to Law upon those that most barbarously executed them upon me seeing you and the Lords themselves have taught me and all the people of England disobedience to the illegall commands of the King the greater as cleerly appears by your Declarations of July the 12 July 26 1642. 1 par Book Decl. p. 201. 458. 483. The words of which last are That the Lords and Commons in Parliament do Declare That it is against the Laws and Liberties of the Kingdom that any of the Subjects thereof should be commanded or compelled by the King to attend him at his pleasure but such as are bound thereunto by speciall service And if any Messengers or Officers shall by colour of any command from his Majesty or Warrant under his Majesties hand arrest take or carry away any of his Majesties Subjects to any place whatsoever contrary to their wils that it is both against the Law of the Land the Liberty of the Subject and it is to the disturbance of the publick Peace of the Kingdom and any of his Majestie 's subjects so arrested may lawfully refuse to obey such Arrests and Commands To the same purpose you also were and declare in pag. 93. 95. 112. Therefore seeing the Law of the Land is so often by you declared to be the undoubted Birth-right of me as well as the greatest Lord in England or Parliament man whatsoever I earnestly crave and challenge at your hands as much for my self as you did at and from the hands of the King for the Lord Kimbolton and the five Members Sir John Hothan and the Lord Maior Pennington Alderman Foulke Col. Vean and Col. Manwaring viz. the benefit of the Law of England in the ordinary Courts of Justice which is not to be taken or imprisoned pass'd upon nor condemned but by due Processe of Law before a Justice of Peace according to the Law of the Land and not to be imprisoned but for a particular crime in Law expressed in the Commitment by those that have power in Law to commit me nor to be tried or condemned but by presentment c. before a Jury of twelve men of my Peers or equals of the same Neighbourhood where the fact was committed which is as you declare by Sir Edward Cook in 4 part Institutes fol. 41. the ancient and undoubted Birth-right of all the Subjects of England and to have my remedy at Law against all those that shall deal with me contrary to Law And that you challenged all these things for them before-mentioned you may read in your own Declarations pag. 7. 38. 39. 41. 53. 67. 77. 101. 123. 140. 162. 201. 203. 208. 210. 245. 277. 278. 459. 660. 845. All which I cannot doubt but you will grant unto me because it cannot rationally enter into my brest to conceive that you your selves can judge it consonant to Justice to set me and thousands and ten thousands of the people of the Kingdom to fight at your command for the preservation of our birth-right the Law and then for you to deny it unto us and deprive us of it and to recompence us with slavery which we are in when we lose the benefit of the Law Surely this cannot in honour and justice become you that call your selves the Conservators of the Law But if you shall avowedly deny me the benefit of the Law you frustrate your end in making Judges to be in Westminster Hall to execute the Law and put a mock upon the people and dissolve the whole frame and constitution of the civill Policy of the Government of this
his trayterous betraying their Country and so consequently all the North to the Earl of Newcastle for which c. â—e better deserved in Law equiry and reason to lose his head then either Hâ—mbleton or stout Capel did for theirs they having betrayed no trust but had the letter of the Law of England c to jâ—stifie them in what they did as â—e most palpably hath done And as for his breaking up the little Parliament his Star chamber wickednesse and his desperate Gun-powder Monopoly with his and his soâ—â— Sir Geoâ—ge Vane's late jugglings in the County of Durham I have pretty well anatomised in my book called The resolved mans resolution page 13. 14. 15. 16. 17. 18. his very having a hand in the Gunpowder Monopoly alone being sufficient long since to throw him out of your House as being uncapable to be â— Member therein as cleerly appears by your Votes and Orders of the 19. and 25 of Nov. 1640. one of which as it is printed in the foresaid Speechâ—â— and Passages pag. 329. thus followeth It is ordered upon the Question That all Projectors and Monopolizers whatsoever or that have had any share in any Monopolies or that â—â—receive or 〈…〉 receives any benefit by any Monopolies or Patent or that have procured any Warrant or Command for the restrainâ— or molesting of any that have refused 〈…〉 themselves â—â— any Proclamation or project are disabled by Order of this House to be â— Member thereof and shall be dealt with as a stranger that hath no power to sit there In the compasâ—e of which Order is â—oth Sir Henry Milâ—â—ore and Lawâ—â—â— VVhittaker and ought in justice for their noâ—orious Monopolising to be both long since thrown out of the House But again to return After I had done as much in the North as I could â—â— present do about my own businesâ—e I came again to London where I fixed up my resolution wholly to devote my self to provide for the future well-being of my wife and children and not without the extraordinariest necessity engage in any publick contests again making it my work to enquire into the true estate of things with the great men that sâ—t at the â—elm and whether the bent of their spirits now after they had taken off the King was to set the Nation free from Tyâ—anny as well as from some they called principal Tyrants and whether or no the drift of all their actions were but a meer changing of persons but not of things or tyranny it self and truly my observations and inquiries brought me in so little satisfaction in the visible intention of the ruling men for all their many solemn Ingagements to the contrary thâ— I looked cleerly at the whole tendency of their wayes to drive at a greater Tyranny then ever in the worst of the Kings Reign before the Parliament was exercised at which I bit my lip but said little and went to no meeting which made many of my old faithfull friends be jealous of me some of whom gave out some private hints that I had now served my self by my pretended Repâ—rations and I was thereby quieted and was become like all the rest of the world and so there was an end of me But I confesse I was in a kinde of deep muse with my self what to do with my self being like an old weather-beaten ship that would fain be in some harbour of ease and rest and my thoughts were very much bent of going into Holland where I conjectured I should be out of harms way and get a little repose And while I was thus musing I heard from thence of a most transcendent â—eight and rage that the Kings party there were in especially about the beheading the late King so that I judged there was no safety for me there especially when I called to minde what the Post-master of Bâ—rrow-brigs and others in York-shire told me as I came up from Newcastle which was that the Câ—â—liers in those parts were most desperate mad at me in particular about the beheading of the late King although I were as far as Newcastle when it was done and refused to give my consent to be one of his Judges although I was solicited so to be before I went out of London yea although I â—â—â—â—edly declared my self at Windsor against the manner and time of their intended dealing with him arguing there very stifly that upon their own principles which led them to look upon all legall Authority in England â—â— now broken they could be no better then murderers in taking away the Kingâ— life though never so guilty of the crimes they charged upon him for as justice ought to be done especially for bloud which they then principally charged upon him so said I and still say It ought to be 〈◊〉 justly 〈◊〉 in case another man murder me and a day a week or a yeer after my brother or friend that is no legall Magistrate execuces him therefore yet this is â—â—â—der in the eye of the Law because it was done by a hand had no Authority to do it And therefore I pressed again and again seeing themselves confess'd all legal Authority in England was broke that they would stay his tryall till a new and equal free Representative upon the Agreement of the well-assected people that had not fought against their Liberties Rights and Freedoms could be chosen and sit and then either try him thereby or else by their Judges sitting in the Court called Kings Bench. But they at Windsor ask'd me how by Law I could have him tryed I told them the Law of England expresly saith Whosoever â—â—rders or kils another shall die it doth not say excepting the King Queen or Prince c. but indefinitely whosoever murders shall â—e and therefore where none is excepted there all men are included in Law But the King is a man Ergo he is included as well as I. Unto which it was objected that it would hardly be proved that the King with his own hands kill'd a man To which I answered by the Law of England â—e that counsels or commissionates others to kill a man or men is as guilty of the fact as he or they that do it And besides the advantage of â—rying of the King by the rules of the Law would be sufficient to declare that no man is born or justly can be made lawlesse but that even Magistrates as well as people are subject to the penall part of the Law as well as the directive part And besides to try him in an extraordinary way that hath no reall footsteps nor paths in our Law would be a thing of extraordinary ill Precedent for why not twenty upon pretended extraordinary cases as wel as one and why not a thousand as wel as twenty and extraordinary cases are easily made and pretended by those that are uppermost though never so unjust in themselves And besides to try him in an extraordinary way when the Law hath provided all the essentials of justice in an
Surery to pursue his suggestion which if he cannot prove he is to be imprisoned till he hath satisfied the party accused of his dammages and stander and made Fine and Ransom to the King The benefit of these Laws you claim at the Kings hand and there tell him he ought not of right and justice to deny it to you And also in 1 part Book Decl. pag. 101 speaking to the King you say Your Majesty lays a generall tax upon us if you will be graciously pleased to let us know the particulars we shall give a cleer and satisfactory Answer But what hope can we have of ever giving your Majestic safaction when those particulars which you have been made beleeve were true yet being produced and made known to us appeared to be false and your Majestic notwithstanding will neither punish nor produce the Authors but go on to contract new jealousies and fears upon generall and uncertain grounds affording us no means or possibilitie of particular answer to the cleering of our selves For proof whereof we beseech your Majestic to consider The heavie charge and accusation of the Lord Kimbolton and the five Members of the House of Commons who refused no Triall or Examination which might stand with the Priviledge of Parliament yet no Authors no Witnesses produced against whom they may have reparation for the great injury and infamy cast upon them notwithstanding three severall Petitions of both Houses and the Authority of two Acts of Parliament vouched in the last of those Petitions And in a fourth Petition about the same business 1 part Book Decl. pag. 123. We beseech your Majesty say you to remember that the Government of this Kingdom as it was in a great part mannaged by your ministers before the beginning of this Parliament consisted of many continued and multiplied acts of violation of Laws the wounds whereof were scarcely bealed when the extremitie of all those violations was far exceeded by the late strange and unheard of breach of our Laws in the accusation of the Lord Kimbolton and the five Members of the Commons House and in the proceedings thereupon for which we have yet received no full satisfaction And in your Declaration of the 19 of May 2642 1. par Book Dec. p 200. 201. you are very remarkable and fly The accusation of the L. Kimbolton and the 5 Members of the House of CoÌ„mons is called a breach of Priviledge and truly so it was and a very high one far above any satisfaction that hath yet been given How can it be said to be largely satisfied so long as his Majestic laboured to preserve his Atturney from punishment who was the visible Actor in it so long as his Majestic hath not onely justified him but by his Letter declared that it was his duty to accuse them and 〈◊〉 he would have punished him if he had not done it so long as those members have not the means of cleering their innocency and the authors of that malicious Charge undiscovered though both Houses of Parliament have severall times petitioned his Majestie to discoâ—â—â— them and that not onely upon grounds of common Justice but by Act of Parliament his Majestie is bound to do it so long as the King great such to passe a Bill for their discharge alledging that the Natiâ—â—tive in that Bill iâ— against his Honour whereby he seems still to â—â—ow the matter of that false and scandalous Accusation though he deserts the Prosecution offering to passe a Bill for their acquital yet with intimation that they trust desert the avowing their own innocency which would more wound them in 〈◊〉 that secure them in Law And in vindication of this great Priviledge of Parliament we do not 〈◊〉 that we have invaded any Priviledge belonging to his Majesty as is alledged in his Declaration But we look not upon this onely in the notion of a breach of Priviledge which might be though the Accusation were true or false but under the nation of an hainous crime in the Attourney and all other Subjects who had a hand in it a crime against the Law of Nature against the Rules of Justice that innocent men should be charged with so great an offence as Treason is the face of the highest Judicatory of the Kingdom whereby their 〈◊〉 and estates their bloud and honour are in danger without witnesse without â—isdence without all possâ—bility of reparation in a legall course yet a 〈◊〉 of such a nature that his Majesties Command can no more warrant then it can any other act of injustice It is true that those things which are evil in theâ—â— can nature such as a false testimony or a false accusation cannot bothe subject of any Command or induce any obligation of obedience upon any man by any Authority whatsoever therefore the Attourney in this case was bâ—â—â—â— to refuse to execute such a Command unlesse he had had some such evidence or testimony as might have warranted him against the parties and 〈…〉 make satisfaction if it should prove false And further to prove that 〈…〉 liable to punishment that puts in execution the Kings illegall Commands is must excellently proved and largely evident from your own words in 〈◊〉 Book Decl. pag. 259. 260. 276. 279. 280. 721. 722. 723. 727. 803. 〈…〉 largely declare that Alexander Archbishop of York Robert de Veâ—â—◠〈…〉 Irland c. were executed in Richard the Second's time as Traytors for 〈◊〉 in execution the commands of the King against the Law and if they are punishable that execute the commands of the King the Primitive against Law then much more by Law is Mr. Wollaston punishable for executing the commands of the single House of Lords the Derivative against Law and if in my own defence when I was in Mr. Wollaston's custody I had served him for his actions done to me in pursuance of the Lords single illegall commands â—4 Simson of Northampton-shire did Johnson in the 42 of Elizabeth for his doing actions in pursuance of the Queens Letters Patents contrary to Law in endeavouring by a Warrant flowing from the High Commission which was established by Act of Parliament and had legall cognizance of any facts in Controversie grounded thereupon to imprison his body for doing of which Simson in his own defence and his Liberâ—â—â—â— slew the said Johnson For which he was justified by the Judges of Affiâ—e and all the Judges of England as you may read in Sir Edward Cook 4. part Iustitutes fol. 333. 334. and in my Plea before the Judges of the Kings Bench called The Laws funerall page 214. 25. I say in case I had in my own defence and the defence of my legall Liberties slain Wollaston c. for executing the Lords single illegall Orders upon me for any thing I can read in the Law he had his mends in his own hands But to come more close upon your own principles to prove that a single Order of the Lords cannot stand in competition with the Law I do it thus
Justice to goe about to advance a single illegall Order of the Lords above all the Laws made joyntly by you the Lords and King and to make Ciphers of your selves and your House as well as of the King which undeniably you do if you indemnifie Master Wollaston by superseding my action at Common Law against him Again have you not in your Declaration of the 15 of June 1647. in which is contained your Votes to lay the King aside and make no more applications or addresses unto him declared to preserve unto the people their Laws and to governe them thereby sure I am these are your own words having received an absolute denyall from his Majesty The Lords and Commons do hold themselves obliged to use their utmost endeavous speedily to settle the present Government in such a way as may bring the greatest security to this Kingdom in the enjoyment of the Laws and Liberties thereof And can it now stand with your honour and Justice to fall from this and all other your publique Declarations by denying me the benefit of the Law against Master Wollaston that unjustly imprisoned me and Tyrannically and closly imprisoned me to the hazard of my life and being and that by an illegall warrant of the Lords who have no power in Law to commit me or so much as to summon me before them in reference to a tryal much lesse when I do come at their Bar to deal with me like a Spanish Inquisition by examining me upon Interrogatories to insnare my self and refuse to let me see either accuser prosecutor indictment charge or impeachment but presse me againe and again to answer Interogatories against my self and so force me to deliver in a Plea according to my priviledg and the Laws of the Land against their illegall dealings with me and then to wave all pretence of any foregoing crime and commit me the 11 July 1646 to Master Wollaston to New-gate prison during their pleasure for delivering in that my very Plea which hath not a word in it but what is justifiable by Magna Charta and the Petition of Right and then when I am at Newgate by pretence of a Warrant of the 22 of June after for Master Wollaston to cause his servants to break into my Chamber and by force and violence to carry me before the Lords who had nor have no more Jurisdiction over me by the Laws of England to try me passe upon me or condemn me then so many Turks have and when I come there they only look upon me but lay nothing to my Charge neither by word of mouth nor writing but passe an Order in these very words Die Martis 23. Junij Ordered by the Lords assembled in Parliamen That Iohn Lilburn shall stand Committed close Prisoner in th Prison of Newgate And that he be not permitted to have pen ink or paper and none shall have accusse unto him in any kind but his Keeper untill this Court doth take further 〈◊〉 And that is when they 〈…〉 and just which I do confidently beleeve 〈◊〉 never be here is illegall 〈…〉 illegality and Tyranny upon the neck of that and yet Master Wollastone and that Barish fellow Briscoe executed it to the height without any scruple of conscience although they might have as well by vertue of the same Warrant have cut my throat as have used me as they did till the 11 of July 1646. at and upon which day they by force of armes with thirty or forty of the hangmans guard of Halberteers and against all Law and Justice carried me before the Lords upon pretence to hear my Charge read although the Lords had not nor have not in Law the least power in the world to try me or to summon me as hath been notably and undeniably proved in the Case of Sir Iohn Maynard and the four Aldermen in the releasing of whom as the Lords have done if ever they had any Jurisdiction over Commoners in any kind whatsoever they have now 〈◊〉 given it away for they were all impeached by the House of Commons and their impeâ—â—hments transmitted from them before ever they medled with them which I never was and yet flew as high in their Protestations and Declarations against the Lords Jurisdiction over them as ever I did whom notwithstanding for all this without stooping submitting or so much as petitioning the Lords released and of their own accord took all their proceedings against them off the file thereby declaring to the whole Kingdom that their own conscience told them they had no Authority in Law to go about to try them being 〈◊〉 of their Legall Judges though they were impeached by the House of Commons and that they had done nothing but their duty in protesting against them and their Jurisdiction over them Therefore my Lord Munson can it stand with the Justice and 〈◊〉 of your House in your first Remonstrance to the Kingdom pag. 6. to cry 〈◊〉 so bitterly as you do against the Kings Ministers who durst be so bold and presumptuous to break the Laws and suppresse the Liberties of the Kingdom after they had been so solemnly and evidently declared by the Petition of Right by committing divers free men of England to prison for refusing to stoop unto the Commission of Loan whereby many of them contracted such sicknesses as cost them their lives and detaining others close prisoners 〈◊〉 many months together without the liberty of using Books pen ink or pâ—per denying them al the comforts of life all means of preservation of 〈◊〉 nor permitting their Wives to come unto them And for the compleating of that cruelty after yeeres spent in such miserable durance to keep them still in their oppressed condition not admitting them to be bailed according to Law and oppressing and vexing them above measure and the ordinary course of Justice the common birth-right of the Subjects of England wholly obstructed unto them and divers others oppressed by grievous Fines Imprisonments Stigmatizings Mutilations Whippings Pillories Gaggs Confinements Banishments after so rigid a manner as hath not onely deprived men of the society of their friends exercise of their professions comfort of books use of paper or ink but even violated that neer union which God hath established betwixt men and their wivâ—â— by forced and constrained separation whereby they have been bereaved of the comfort and â—â—â—versation one of another Can all these doings be criminous and wicked in the King's Ministers and can your denying of justice for seven yeers together to me that suffered the grievousnesse of these very torments be just and righteous Let God and the world judge whether you by your actions do not justifie all the foregoing unjust proceedings nay and out-strip them in that you your selves do or suffer to be done when you have power enough in your hands to remedy but will not divers of the very self same things to some of the very self same men after in obedience to your commands in the sincerity of their
long enough and in the day of his prosperity here I was fain to ask often enough for it before I could get it again So here it is true I was in contestation with the High 〈…〉 Board and Star-chamber but they began with me and not I 〈…〉 story of which you may read in my book called the Christian mans 〈…〉 for Mr. VVill. Larner It is true also I had in them sufferings 〈◊〉 contestations with Gaolers but it was to preserve my life when they 〈◊〉 to Law would have murdered me but with all my fellow-prisoners c. I lived as peaceably as lovingly and friendly as any man in the world did and all this contestation was but for the maintaining my legall rights due to me by the Nation of Right which before the beginning of those troubles I had read and a little understood In which contest this Parliament in its Primitive 〈◊〉 hath justified me in not only by abolishing the foresaid unjust Courte by Act of Parliament but also in and by their Votes of the 4th May 164â— which thus followeth Resolved upon the Question That the sentence of the 〈◊〉 chamber given against John Lilburne it illegall and against the liberty of the subject and also bloody wicked cruel barbarous tyrannicall Resolved 〈◊〉 on the Question That reparations ought to be given to Mr. Lilburn for his 〈…〉 forment sufferings and losses sustained by that illegall sentence Which I could I never got to this day but had been a rich and happy man in reference 〈◊〉 〈◊〉 world if it had been voted I should never have expected any for then might I have spent my eight years time in my trade beyond sea that I have in a 〈◊〉 spent in following these Votes and one way or other 1000 or 1500 〈◊〉 to boot with seven or eight imprisonments besides for nothing Well after this I fought with C. Lunsford and divers others at Westminster who drew first with my sword in my hand ' to save the Parliament 〈◊〉 throats from being out conscienciously judging nothing that I had too good to hazard for so just an Authority as I then judged them to be they have 〈◊〉 well rewarded me for my pains with 7 or 8 cruell imprisonments and 〈◊〉 told me nor any body else to this hour wherfore with many strong endeavour to take away my life in the said imprisonments unjustly but I hope they â—pâ—cially will justifie me in that contest however I from my heart beseech the righteous Lord of Heaven and Earth to judge righteously and impartially betwixt them and me and to manifest his Righteous judgment betwixt to visibly to the world that so the sons of men may see it and behold it and fear and tremble before him Well in the next place the Wars begun betwixt them and the Kings and truly having seriously read all their primitive most excellent Declaration and sufficiently my self smarted under the Kings irregular government in the violating of the Laws of England the compact betwixt him and his people which he in my judgment had then notably violated And not in the least doubting but they would be as good as their words and Declarations which were to secure the Peoples Lawes and Liberties to them and not in the least to seek themselves to provide for their weale but not for their woe and reading in the Scripture Rom. 13. that the end of the institution of all Magistracy in the world is for a terror to evill doers and for a praise to those that doe well the â—â—â—â—ous consideration of which wrought out something in reason in my one thoughts to ballance the letter of those Laws which I then knew were absolutely for the King somthing like those generall rules or maximes in Law recorded by that most excellent of English Lawyers Sir Edw. Cook in his 4 part Institut fol. 330. which are That although the Law of England speak in generall terms yet it is to be bound up or accepted but where reason causeth there the law ceaseth for seeing reason is the very life and spirit of the Law is self the Law giver it not to be eseemed to respect that which hath no reason although the generality of the words at the first sight or after the Letter seem otherwise And it in my reason could not be rationall for any men to appoint a compact to be betwixt two parties but to bind both equally alike King as well as People and not to keep the people bound to the expresse letter of the Kings part or any others when the King or that other shall break his or theirs in twenty particulars as by Ship-money Projects c. And further saith Cook fol. 328. ibid. Such an interpretation of ambiguous things in Law it always to be made that absurdities and inconveniences may be avoyded but absurdities and inconveniences cannot be avoyded if the express and single letter of any Law in reference to a King or Parliament shall tie or bind me to cut my own throat or any other wayes destroy my self or my companions brethren or neighbours which is irrationall or unjust for me to do 1 Part. Book Decl. p. 150. So upon these or the like grounds I took up arms in judgment and conscience against the King and contested with his misgovernment in subduing my legall and native Rights and in my sufferings and arraignment at Oxford therefore carried my self with a great deal of resolution and undauntednesse of spirit for which the Parliament by speciall Declaration of the 17 of December 1642 justified me which Declaration you may see 1 part Book Decl. pag. 802 803. yea and exchanged me very honourably high above my quality and condition and at my coming home some of them that were no mean ones proffered my wife a place of honour and profit for me then reputed worth about 1000 l. per annum which I conscientiously scorned and slighted professing unto my wife to her extraordinary grief that I must rather fight though it were for 8 pence a day till I see the liberties and peace of England setled then set me down in a rich place for mine own advantage in the midst of so many grand distractions of my native Country as then possessed it and so I left old Essex that had been so generous unto me in giving me almost 300 l. ready money at my deliverance as Colonel Flettwood and Colonel Harrison very well know But him for all that I say I left for his persecuting for non-taking the Covenant and down to Lincolnshire I posted to my then two Darlings and familiar Friends Monchester and Cromwel where I engaged heartily and spent all Essex his money freely and contiued in many a desperate service till Manchester visibly degenerated and would have hanged me for being over-honest and over active in taking in Tikel Castle too soon which with his visible turning knave and apparantly betraying his trust at Dennington in defigning his Army or the best part of
own induttry and importunity I had got a little Liberty in spite of him and his faction from your House he and his Faction got your House again to commit me and Mr Wildman prisoners as Traytors upon 19. Jan. 1647. for but mannaging an honest Petition that did but a little touch upon the Lords power And yet this very Mr. Oliver hath since been the principall Instrument to pluck up the House of Lords by the roots as usurpers and encroachors because they would not joyn with him to cut off the King's head for that which he is as guilty of himself and so take him out of his way that he might be absolute King himself as now he is and more then ever the King was in his life for he can and hath taken severall free men of England by the shoulders at the House door and in Westminster-hall and by his will without any â—ne processe of Law commited them prisoners to his mercinary Janisaries as lately he hath done to honest Cornet Chesman not of the Army for but deliuering a Letter of his unjustly imprisoned Captains Cap. Bray to the Speaker and soliciting him for an Answer to it The like of which Tyranny the King never did in his Reign and yet by Saint Oliver's means lost his head for a Tyrant But the thing that I principally 〈◊〉 at here is to declare that Oliver and his Parliament now 〈…〉 for the Nations it is not having pluck'd up the House of Lords by the roots as usurped tyrannicall and unjust hath thereby himself justified not in all my contests with them in denying their Jurisdiction over Commonâ—â—â— by Law And although Oliver had his hands full with Poyer Goring Holland Hamilton and Langdale the last yeer but especially with the generall 〈…〉 was then in both Houses against him upon the notable Impeachment of his Major Huntington and I then by my absolute freedom was a little up and could have at my pleasure been revenged of him if I had so pleased either by divisions in his Army which was easily then in my power or by joying in impeaching him with Major Huntington which I had matter enough to do and was earnestly solicited to it again and again and might have had â—â—â— enough to bost in my then low and exhausted condition yet I scorned it and rather applyed my hand to help him up again as not loving a Scotch Interest it is very well and fully known to his present darling Mr Cornelius Holland and also to Colonel Ludlow and Mr Thomas Challoner with other Members that I could name and which was demonstrated to himself by a Letter I sent him by Mr Edw. Sexby whom on purpose I procured to go down to him the true Copy whereof thus followeth SIR WHat my Comrade hath written by our trusty Bearer might be sufficient for us both but to demonstrate unto you that I am no staggerer from my first principles that I engaged my life upon nor from you if you are what you 〈◊〉 to be and what you are strongly reported to be although if I prosecuted â—â— desired revenge for an hard and almost sterving imprisonment I could have had of late the choice of twenty opportunities to have payd you to the purpose but I 〈◊〉 it especially when you are low and this assure your self that if ever my band he upon you it shall be when you are in your full glory if then you shall decline from the righteous wayes of Truth and Justice Which if you will fixedly and impartially prosecute I am Yours to the last drop of my heart bloud for all your late severe hand towards me JOHN LILBVRN From Westminster the 3 of August 1648 being the second day of my Freedom Which Letter c. as I have been told by the Bearer was not a little welcome But his dealings with me now manifest that Proverb to be very true â—â— Save a Thief from the Gallows and for your requitall he will be the first shall have you But to this I shall say no more but what the Spirit of truth saith in 〈◊〉 17. 13. That he that rewards evill for good evill shall not depart from his 〈◊〉 And being at liberty not liking in the least the several juglings I observed in divers great ones in reference to the personall Treaty and that there was nothing worth praising or liking thought of or presented by the Parliament in reference to the Peoples Liberties or Freedoms especially considering their late large expences and hazards for the procurement of the settlement of them I was compelled in conscience to have a hand in that most excellent of Petitions of the 11 of Septemb. 1648. which I am sure was no small piece of service to Cromwel and his great Associates though his Church-men now my chiefest Adversaries durst not joyn in it nor own it for very fear And hauing been in the North about my own business where I saw Cromwel and made as diligent scrutinies into things about him as I could which I then to my self judged savoured more of intended self-exalting then any thing really and heartily of what before I had strongly heard of him to the through advancement of those things that were worthy to be accounted indeed the Liberties and Freedoms of the Nation And being come to London my self and some other of my friends by two Messengers viz. Mr. Hunt one of Cromwel's creatures and another sent a Message down to him to Pomfret to be delivered to himself and to debate it with him and bring his expresse Answer back again speedily the effect of which Message was That to our knowledge God had caused him to understand the principles of a just Government under which the glory of God may shine forth by an equall distribution unto all men That the obtaining of this was the sole intended end of the Warre and that the Warre cannot be justified upon any other account then the defence of the peoples right unto that just Government and their Freedom Vnder it His Answer to which Message by Mr. Hunt was principally directed to the Independents some of whom appointed a meeting at the Nags-head Tavern by Blackwell-Hall and invited M. Wildman and my self c. thither whether we went accordingly and where wee met with Colonel Tiâ—hburn Col. Jâ—hn White Dr. Parker Mr Taylor John Price and divers others where we had a large debate of things and where the just ends of the War were as exactly laid open by Mr. VVildman as ever I heard in my life But towards the conclusion they plainly told us The chief things first to be done by the Army was first To cut off the Kings Head c. and force and throughly purge if not dissolve the Parliament All of which we were all against and press'd to know the bottom of their center and in what they would absolutely rest for a future Settlement and I plainly told them in these words or to this effect It s true I look upon the
and the â— part Cooks Reports in Dr. Boâ—hams case See the Army Book Declarat pag. 35. â—9 61. 63. 143. First therefore let us begin with Common Right and we shall easily see this perpetuall Act is against that For it is against common Right that indebted men as most if not all Parliament men arâ— should not pay their debts Or that if any Member of â—â—â—liament do any of the People of England wâ—ong as daily they do by unjust and 〈◊〉 râ—â—â—ble 〈◊〉 of him oâ— them of hiâ— laâ—d or dispâ—ssessing him of his goods 〈…〉 of his fame or doing violence to his person by beating wounding or imprisoning c. that 〈◊〉 sons during their lives by a priviledge of Parliament that was intentionally 〈◊〉 and just in its institution when Parliaments were often and short should be 〈◊〉 and sâ—â—â—red from all manner of question at the Law by any parties so wronged by them is absolutely against common Right Nay and more That this should extend 〈◊〉 â—â—ltitudes of persons besides that are their servants or attendants and also that any oâ— all of these shall have the benefit of the Law in any Court of Justice in England at their pleasure against any man whom they shall pretend wrongs them are such transâ—â—deâ—â— and grievous enormities that common Right abhors and yet this with a thousand 〈◊〉 as much more as bad as these are the fruits of a perpetuall Parliament if they please which tends to the utter destruction of all mens Actions reall personall or mixt who have â—o do with Parliament men as appears expresly by the Statute of Limitations of the aâ— of James chap. 16. which strictly confines all manner of Suits to be commenced within 〈…〉 after the occasion given Secondly For common Reason Parliaments were ordained and instituted as is before truly and legally declared for remedies to redresse publick and capitall grievâ—â—ces thâ—◠〈◊〉 where else could be redressed but it is against reason and the very end of the Institution of Parliament that Parliaments should make and create multitudes of publike and insufferable grievances The law of the Land allowes no protection for any maâ— iâ—ployed in the service of the Kingdom but for a yeer at most as to be free from Suiâ—s and in many Suits none at all howbeit he be in such services But a perpetuall 〈◊〉 may prove a protection in all manner of wickednesse and misdeaâ—â—eanours 〈◊〉 against other men not of the Parliament amongst any of whom they may piâ—k and chuse whom they please to ruinate and destroy and that noâ— for a yeer but for ever which is against all manner of Reason or the shadow or likenesse of it And therefore a◠〈◊〉 Sir Henry Vane said against Episcopal Government in the beginning of his larg◠〈◊〉 of the 11 of June 1641 now in print at a Committee for passing the Bill against â—â—â—â—pall Government so say I of an everlasting or of any Parliament that shall do 〈◊〉 you have done in largely sitting beyond the time of your Commission c. That 〈…〉 thing is destructive to the very end for which it should be and was constituted to be 〈…〉 onely so but does the quite contrary as your House in every particular doth cerâ—aiâ—ly we have cause sufficient enough to lay it aside and not onely as uselesse in that it 〈…〉 its end But is dangerous in that it destroyes and contradicts its end Thirdly For Impâ—ssibilitie The death of thâ— King in law undisputably dissolves the Parliament spoken of in the foresaid act which is pretended to be perpetuâ—ll for 〈◊〉 Writ of Summons that is directed to the Sheriffs by vertue of which Parliâ—â—â—â—◠〈◊〉 are chosen runs in these words King Charles being to have conference and 〈…〉 c upon such a day about or concerning as the words of the Tâ—ieâ—â—â—ial Act hath it the high and urgent affairs concerning his Majestie and he writes US the State and the 〈◊〉 of the Kingdom and Church of England But I would fain know how it's possiblâ— for a Parliament to confer or treat with King CHARLES now he is dead it 's impossible Seâ— 2 H. 5. Cook in Parl. 3. part And therefore the whole current of the Law of England yea Reason it self from the beginning to the end is expresly That the Kings death doth ipso facto dissolve this Parliament though it had been all the time before 〈◊〉 so intire and unquestionable to that very hour and it must needs be so he being in Law yea and by the authority of this very Parliament stâ—led the head the begiâ—â—ing and end of Parliâ—ments See Coâ—ks 4 part Institutes fol. 1. 3. Mr. Pyâ—â—'s for 〈…〉 Straâ—â—ord pag. 8. S. John's forementioned argument against Strafford pag. 42. And therefore as a Parliament in lâ—w 〈◊〉 begin without the 〈…〉 in it 〈◊〉 person 〈◊〉 representatives Cook ibid. so 6. so it is posâ—â—ively 〈◊〉 by his 〈◊〉 〈◊〉 thereby not only the true declared but intended end of their assembling which 〈◊〉 〈◊〉 〈◊〉 and confer with King CHARLES is ceased and thereby a final â—nd is put 〈◊〉 the means that are appointed to attain unto that end And therefore it is as 〈◊〉 for this Parliament or any Parliament to continue as long as they please aâ— for a Parliament to make King Charles alive again Fourthly For Repugnancy That which is but for a time cannot be affirmed to have continuance for ever it is repugnant but this Parliament in the intention of the makers of the Act was to be but for a time not above a yeer at most after the dâ—â—e of the Act as is before proved and declared from their own words And therefore it cannot be reputed perpetual for there is a repugnancy betwixt them Again The King's Writ that summoned this Parliament is the Basis in law anâ— Foundation of this Parliament If the Foundation be destroyed the Parliament falls But the Foundation of it in every circumstance thereof is destroyed And therefore the thing built upon that Foundation must needs fall It is both a Maximâ— in Law and Reason But if it be objected The Law of Necessity requires the continuance of the Parliament against the letter of the Law I answer First It s necessrry to consider whether the men that would have it continue as long as they please be not those that have created the necessities on purpose that by the colour thereof they may make themselves great and potent and if so then that Objection hath no weight nor by any rules of Justice can they be allowed to gain this advantage by their own fault as to make that a ground of their justification which is a great part of their offence And that it is true in it self is so obviouâ— to every unbiased knowing eye it needs no illustration but if it shall be denyed by any of their pens if God please to give further opportunity I shall prove it to the full Secondly I answer There can no necessity be pretended that can be
Corporation although the King the root and 〈◊〉 of them be destroyed and although I am not onely a Native and free Denizen of England and served many yeers to learn a Trade in London yet in any considerable Corporation in England can I not with indrustry be suffered to follow a Trade or Merchandizing to get me bread unlesse I be a Free man thereof yea Newcastle the chiefest place in my eye being nigh the aboad of my Father and kindred is so grand iâ—haunsing a Monopolâ—zer that it monopoliseth the River of Time yea and the 〈◊〉 for seven miles distance although it can produce neither Law nor Reason therefore 〈◊〉 onely a large bribing purse of the whole Corporation which they in that Town say is so heavie it will break any private particular mans back which yet I should 〈◊〉 have feared had there been any equall Law to have been had from the Administration thereof in any of the Courts of Justice in England being as well able at least in my own thoughts to plead my own case in Law at any Bar against an inhaunsing Corporation or a Patentee Monopolizer both of which are against the fundamentall Lawâ— and Liberties of England as is notably proved by Cook in his exposition of the 〈◊〉 of Monopolies 3 part Instit fol. 181. 182. c. as any Lawer in England it being 〈◊〉 undoubted right both by Law See 28. Ed. 1. chap. 11. and the Statute that abolished the Star-chamber and Reason to plead mine own cause or any of my friends that will 〈◊〉 and trust me 〈◊〉 any Barristers in the Nation which I will publickly dispute with 〈…〉 any day in the week and for the unjustnesse of Corporations and Monopolies 〈◊〉 are both sons of one father read my forementioned Book called Innocency and Truth jâ—stified from the 46 page to the 63. and my book called Londons Liberties in 〈…〉 covered but especially pag. 21. 22. 36. 38. 41. 43. 44 45. to 58. And my second part of it called Londons Charters pag. 36. 37. to 64. So being for the foregoing reasons block'd off from following a Trade any where else but in or about London where I had the choiâ—â— of three things First Either to set up a Shop in the City which I was staved off from for these Reasons First Because the Court of Aldermen are so oppressive in their Government of the City setting up their own wills humours and irrational ridiculous Customs above both the Law Reason and their own Charters which I knowing so well as I do and which is pretty well anatomized in my foresaid Books I should never bear and so â—e continually in broils which was my earnest desire to avoid Secondly A man cannot well keep any considerable Trade iâ— a Shop but he mâ—st trust much which I man many times hazard the losse of especially in these impoâ—â—ishing times or else to Lâ—w for it which I never loved never having had two Sâ—its in my life that I can remember not onely for the jâ—ngling part of it but also for the tedious chargeable intricate hazardous uncertainty of the proceedings therein as the Judges on purpose have made it to get money for being often in company with an able and a very honest man for a Lawyer with other understanding friends where we 〈◊〉 â—ouble discourses of the abuses of the Law which were particularly instanced to be many I took special notice of two things he often averred to his praise I speâ—â— it besides the proceeding for the most part in an unknown tongue and an unlegible hand as write c. which two things were these that he would make good First According to the practice in Westminster Hall If a man lent another man 100 l. 500 l. or 1000 l. c. and had as good security as any in England can give yet when the day of payment comes if the party be a crafty bâ—ffling man and have a good purse he shall keep a man in the Courts in Westminster Hall three or four yeers in suit let him do the worst he could before he could get his money nay nor never shall get it neither unlesse he have a purse also able in some reasonable measure to bold pace with him but in case in any of that time by sicknesse losse or other câ—suaâ—ties he happen to fall poor and so not able in money to pay fees c. it s lost for ever besides all this the hâ—zards he runs are sufficient by being betrayed bought and sold by his Solicitor or Atturney c. Besides the danger of common Knights of the post to swear the money 's paid c. Secondly He did averre that he would make it good before the Speaker at the Bar of the House of Commons upon his life that for the Chancery which trades men upon book accounts c. are subject often to use and there is not a decree of 100l from one yeares end to the other made in that Court but jumbling all the decrees together one with another some suits holding 10 15 20 30 yeares nay some above but first and last it costs the Pâ—â—intief 500l for eveey hundred pound decreed one with another O brave honest and reforming Parliament who in three dayes might mend all this easily and plainly by a County record by which a Suit never need to be of a months continuance and for which thâ—y have often been Petitioned but yet will not but suffer it to continue worse then they found it for all their great promises in their first Remonstances c. to the contrary yea and give their Judges their places freely and 1000l per annum out of the Coâ—mon-wealths mony besides all their illegall and unfâ—domable fees whereas in the Kings time they had but 200 l. per annum sallery and their fees and most commonly paid 5 6 7 8 9000 l for their places an yet were every whit as just as these are for any thing that over I could hear of to to the contrary and I think I have enquired as diligently into both as any one private man in England hath done so for these reasons I durst not meddle with a shop in London And then in the next place having multitudes of acquaintance both in City and Country I had thoughts out of the Cities Freedom to turn Soap-boyler being a good trade and most vendible for ready mony and in it I met with these discouragements viz. First That there are new Monopolies upon some of the principall materials that makes them double prised to what they used to be which most commonly are all imported from beyond seas as oyl tallow and pot-ashes for which is paid both custome and Excise yea and for the very coles that boyles them 4 or 5s in a Chaldron and scarce any thing free from Excise that belongs to it or to the backs or bellies of the men that work it but the very water and yet notwithstanding when it is boyled and all hazard run as
and our wise just and long winded â—arliament are willing thershould so do or else almost in nine years time they would have given some satisfactory effectuall answer in those multitudes of Petitions that have year after year been preferred to them complaining of these unsufferable and destroying grievances and yet they can assume to themselves a stile of the Conservators of the Leberties of England in the firsâ— year of Freedom but I wonder where it is for my eyes can see none at all in any kind but rather more bondage then ever witnesse now their Treason-trap c. So English cloath being so great a drugg there that little profit could I expect by my adventure unless I laid out in the return most of my mony in such Commodities as are monopolized by new Patents Ordinances against the Laws and Liberties of England and if I so did when they come here if the Monopolizers catch them they are all lost so here is our Freedom but yet notwithstanding I did order my factor to lay out the most of my mony there in such commodities only being resolved as soon as I could here of the ships arrival in the river of Thames to boord her with half a dozen lusty resolved blades and with my own hand to give the chief Monopolizer's a bâ—ace of pistoll bullâ—ts in his guts or a prick with my Rapier or dager in case he came to take away my goods from me and then to run the hazard of a tryal at common Law to see whether by the Law of God and of England I could not justifie the preservation of my self and my goods from any that come to rob me of them and rather kill him or them that would assault me and them then suffer him or them to take away by force my livelyhood and so by consequence the life of me and my family but the counsell of States robbing me of my liberty by my close imprisonment in the Tower hath frustrated my marchandizing hopes yea and it may be thereby break me to the bargin but if they do when they have seriously cast up their gains by it they will not be six pence the richer though my wiâ—â— and â—â—tle babeâ— may be much more the poorer But to turn back again to my coming out of the North besides the thoughts of my future substance in some honest industrâ—â—â—â— calling or other I spent some time at Westminster to see and satisfie my own understanding how the tâ—â—e sail of things stood at the helm I mean with the three great meâ— of the Army viz. FAIRFAX CROMWELL and IRETON and whether I could finde out they had any real thoâ—â—hts to prosecute their OWN AGREEMENT that so we might have a new equal and just representativâ— which I upon my principles now they had laid Kingly Government aside look'd upon as the only and alone earthly salâ—â— to heal and cuâ—e the wounds of this distâ—acted and dying Nation and to make it flourish once again in peace Trade and all kinde of outward prosperity and without which our wounds could never be heaâ—ed â—r cured by any other means that could be invented oâ— contiâ—â—â—d looking in my own thoughts upon the then smal sitting remnant of the last Parliament as a quite contrary inteâ—est to the peoples good or welfare distributive Justice and universall righteousness being their bane and that which would be the unavoydable ruine by reason of that horrible gâ—ilt they have contracted by their self-seeking unjust wayes upon themselves thâ— great bug-bear the King being now gone they would be necessarily lâ—d for the supportation of themselves in the evill of their wayes and continuance of their intended perpetual Greatnesse to court support and make much of the chief Supporters of all the remaining corrupt Interest in England as the Priests and their robbing Tythes the banc of industry the Laywers and their monopolizing pleadings and all their old and base inslaving corruptions in the execution of the Laws as bad in a manner as the old bondage of Egypt and of old and illegall Charter-mongers the inhaunsers engrossers and Monopolizers of Trade and all the base bondages thereunto belonging the peoples freedoms and liberties being the onely thing now dreaded by them â—â— the only engine to pull down all the steps they have long laid for their elective Kingship and the single injoyment amongst themselves alone and their vassals slaves and creatures of all the great places thereunto belonging and thereupon depending which yet they must not immediately do but go about it gradually and first get the power of seeming legall authority into a narrower compasse then it was in their purged House of Commons that so that might rule counsel and direct their mock Parliament and the Councel of the Army â—ight rule that by means of which what with the service of Irelanâ— c. they might so moâ—â—lize their Army that it in due time might totally become slavish by obeying without dispute what ever their great Officers command them and so unanimously elect and impose upon the people their present generall for their King as the onely fit able and best deserving man in England for that soveraign Place provided under-hand he would ingage too high and mighty Oliver and his Son in law Henry Ireton to be sure to do aâ— they would have him and in his Kingship to promote those that they would have advanced that so one of them might not fail after his decease to succeed him and so in time with their long continued power and wils keep it in their Line as the onely deserving Family in this Nation who saved it from its enemies for their own ends in the day of its distresse whose battels it fought pretendedly for the Liberties of England crying out Jehu like 1 Kings 10. 16. Coâ—e See my zeal therefore in cutting off the Kings head c. and razing out his Family And undoubtedly it is of the Lord for he hath prospered me in it and so he did Judas in betraying Christ and noâ—e hath been able to stand before me When as alas all this successe may be no more but the rod of God to chastise a then more wicked Family designed by God to that destruction for the transgressions sin or blood thereof Yet for all this the heart may be no more upright then John's was which vantingly lifted up by his great suâ—câ—ss took no beed at all to walk in the Law of JUSTICE TRUTH and OBEDIENCE the Lord God of Israel with all his heart but followed after MANS INVENTIONS and DEVICES JEROBOAM'S wickedness to win the golden calfs in DAN and BETHEL for which wickedness and pride of his spirit after all his success in fulfilling the express will and command of God in cutting of from the earth Ahabs family for the transcendent wickedness thereof yet God begun to plague him and in those daies cut ISRAEL shoâ—â— ye and afterward for the pride and wickedness of his posterity unto whom to the
fourth generation God gave the Crown of Israel for JEHU doing well in executing that which was right in his eyes in uttâ—â—â—y â—â—ing of the house of AHAB for their â—loâ—dtâ—irâ—â—y wiâ—kedness according to the heart and miâ—â— of God vers 13. brought such plagues upon him and his people that they became a spoil to all their neighbours which made their afflâ—ction very bitter insomuch that there was not any shut up 〈◊〉 any left nor any helper for Israel chap. 14. 26. And as JEHU to the eyes of men conspired against his Master and killed him being but a Captain in Israâ—l so Shalum the son of JABESH conspiâ—ed against the last of his race and smote him before the people and slâ—w him and raigned in his stead Chap. 15. 10. but because those that followed after took no waâ—ning by the righteons and grievous punishment of their predecessors for their wickeâ—nesse to wâ—lk righteously and justly before the Lord Therefore he made theiâ— Râ—ignes very mort and full of blood and bitter affliction and brought their heads to their graves most commonly by Conspiracy and that many times of their SERVANTS CAPTAINS as the sequel of the Story shews And in my Observations and private discourses at Westminster I apparently found it to be as I feaâ—ed their main endevours being closely carryed on to perpetuate this Parliament for ever and by it a new and then endevoured to be erected Councell of State and the Councell of Warr for the future by the rules of their wills to govern this declared Free Nation arbitrarily and to make some Grâ—nd examples of â—error as that none for time to come should dare to stir Which I there cleaâ—ly saw to my vexation and trouble but was inwardly forced to bite my lip and be silent but that which perplexed me most was that I found promotion and promised hopes of honour and gain had very much changed the principles and cool'd the zeal of three or four of my familiar acquaintance and bosome friends â—â—at not long before had been visibly and frequently the valia west stoutest ablest Champions for Englands Libeâ—â—ies and Freedomes that I know in the Nation some of whom very fairly and smoothly dealt often with my self to be as prudent and wise in acceptation of the favours and familiar respects of great men as they had done and at my coming to town Duke Hamilton and the stout Lord Capel c. had newly entred upon the stage for the tryal of their lives and I confess I was exceeding curious in satisfiing my self about the manner of dealing with them and so up into the court I got and heard the begining of their defence â—nd afterwards went and spoke with them looking upon them as part of the people of England unto whom if any injustice was done it became a pâ—esident to destroy me or the most righteous man in England if the swaying faction pleased and sâ—eâ—ng thesâ—mâ—nâ—a knowledg themselves subject â—â— the penal part of the Law as well as the directive part which the King never did but to his dying hour maintained those two most ABOMINABLE AND ALL HUMAINE SOCIETY-destâ—oâ—ing 〈◊〉 viz. that he was accoâ—â—table to no power on earth but God a one as to punishment for any of his actions though never so wicked And secondly that the â—eople have no share â—n Government I thought my self and the liberties of my native Country concerned in the manner of their trial though I neither theâ— nor now liked the cause in whiâ—h they iâ—gaâ—ed as knowing and seeing very well when the hedges and freedoms of our liberties and freedoms have but a gape broken downe in them it is likely in time not only to become a path but â— high 〈…〉 to let in such an inundation of illegalities and arbitrarits as shall overâ—â—ow all and 〈◊〉 downe all underfoot which is plainly to be read in Sit Walter Kâ—â—leys 〈◊〉 Hâ—story of the Thirty grand Tyrants of Athens in his History of the World lib. chap. 9. 〈◊〉 2. â—ol And which in time might become a meanes to pervert all the whole 〈◊〉 of the whole English Government of which my mind being full I argued thâ—â— with my sâ—lâ—e 〈…〉 be these mens lives they would have right or wrong then they should have killed them in the heat of bloud and not have given them quarter or after quarter given 〈◊〉 notwithstanding broke and so have dispatched them by shooting or otherwise killing them in their Chambers or the like but to reserve them many months together alive and bâ—ing them out in the face of the Sunne pretenâ—â—ing to take away their lives by the rules of Justice and Law Well then what is done unto them in this case must be 〈◊〉 in the meanes and method of Justice as well as in the end and the Law of England 〈◊〉 their bâ—â—thâ—ight and inhâ—ritanâ—e in every punctiâ—â—io of it as well as mine or any mans in the Nation and indeed the end of the making of the Law is for transgressors by the 〈◊〉 of which their actions ought to be measared the priviledges and benefit of which all their 〈◊〉 ought not to be denied nay if they be ignorant of their legall priviledges the Judge ought to instruct and inform them thereof nay or any stander by else that is present at the tryal and the law renders this reason lest the prisoner at the Bar should unjustly 〈◊〉 his life by the errors of the proceedings of the Court 3. pâ—â— insti fol. 29. 137. 〈◊〉 for a righteous man the Law was never made for him neither hath he any need to claime the benefit of the severall priviledges of it because he doth not transgresse it but because so much malice and wickednesse is in the hearts of the sons of men that many times the wicked and guilty accuseth the righteous and innocent therefore the wisdom of our fore â—â—thers and the righteousnesse of the Laws they made for us and have left unto â—s is such that no man though never so notorious in publick fame is to be esteemed or 〈◊〉 i guilty man or transgressor in the eye of the law till he be legally and duly convided of the crime laid unto his charge by the rules and methods of the Law the law of England is as much to be magnified as Sir Edward Cock often stiles it being a Law of 〈◊〉 2 par insti fol. 315. favours much the life of man because of all things in the world it is most precious fol. ibid 30 see his exposition of magna charta in 2 par inst but especially fol. 42. 43. 46 47. 51. 56. but above all read that most excellentest of all his discourses upon the righteousnesse equity safety and justnesse of the tryall by Juries of 12 â—iber 〈◊〉 legaâ—is home free and legall men NEXT of the neighbourhood in his 1 paâ— Insti ib. â— chap. 12 Sect. 234. which Parliaments cannot destroy nor change because it is impossible for them to find out a
severall Aâ—pliâ—â—tions to some of their Judges and some Parliament men for them and particularly with Colonel Temple Governour of the Fort near Graves End and delâ— with him upon their own Principals as the most probablest to doe the Prisoners good and to save their lives which I confestâ— I much laboured for and my Discourse with him 〈◊〉 to this â—ffect at the House doore Sir I beseech you let me aâ—k you one question What 's that saith he It is whether you think youâ— House intend in good earnest to â—ake away the lives of the Lord Capel c or whether they have only caused them to be condemned in terrorum without all controversie said he they intend to take away their lives and it is but just they should and doe not you believe so No indeed Sir doe I not and â—â— you please I will give you some part of my Reasons therefore I pray let me have them Well then Sir said I to say nothing of the Jurisdiction of the Court by which they were tryed which is very questionable to me noâ— of the power of a Parliament to erect such a one nor yet of the questionablenesse of the legality of your single House nor of the clearnesse of the letter of thâ— Law oâ— their sides which now the King being gâ—ne might put you oâ—â— of feare of the future power of these men and make you now 〈◊〉 at your mercy and you out of fear of present hurt by them seriouslâ— to weâ—gâ— the Quaâ—â—ell betwixâ— you and theâ— in an equall and just balance which if you do I am sure you will 〈◊〉 it very dispâ—â—eable in Law and something in Reason too considering many of youâ— late actions especially if you consider youâ— ever avowedly nor throughly stated your Cause but begun it upon Commissions for King and Parliament force â—â— people to take the Oath of Allegiance and Supremacy Protestation and two Covenants â—â— all which you force the people to swear to maintain the Kings Person Crown and Greatnesse and this 〈◊〉 the Wars begun letting all Writs and Processe of Law 〈◊〉 in his Name and thereby your selves mâ—ke him as it were Alpha and Omega to the pâ—ople yea and in severall of your Declarations fince the quarrell you call him the fountain of Honour and averr he can do no wrong See 1 part Book Decl. pag. 199. 304. All which doings of yours are enough to make men siâ—â— with the King especially those that have great Estates if it be for nothing but safetie's sâ—ke alone But I will laâ— all these aside and argue with you more closely upon principles that you cannot dispute against 1. And therefore in the first place The Law of England pâ—â—lished by your selves saith expreslâ— No man of England in things concerning lifâ— shall be judged twâ—â—â— for one fact but if once judiciallâ— tryed and acquitted he never more by Law can be questioned again for that crime though indeed and in truth he be never so guilty of it and though it be never so criminous in it self otherwise there would never be end nor safety And for the proof thereof I then â—ired â— YERS Case at the Sessions of the Peace holden at Norwich in the 32 yeer of Qâ—een Elizabeth and the Judgeâ— opinions thereupon which is notably recorded in Cooks 3 put Institutes chap. 104. of falsifying of Attainders fol. 230. And my own Case at Oxford which was to this effect Being at the Fight at Brainford which was upon the 12 of Novemb. 1642 taken prisoner in Arms against the King and his party I was carried captive to Oxford Castle where not long after my arrivall the Lord Dunsmore the Lord Matrevers the Lord Newark and the Lord Aâ—dâ—ver came to the Castle to me from the King as they said and proffered me from himself great matters so I would crave his â—â—don for the treason I had committed against him in being in arms against him and foâ—sake the traiterous Parliament and return to my obedience as they called it to the King but being then as able in my own thoughts as any private man in England to argue the equiâ—â— and Justice of the Parliaments Cause I was then knowingly ingaged in by the hopes of the performance of their many gallant promises to make people of England free and happy their then only declared aâ—m and end â—nd in whose quarrell I would then have laid down a thousand lives if I had had them and for the greatest part of an hour together by dinâ— of Argument grounded upon Law and Reason scâ—â—ning and 〈◊〉 all 〈…〉 of Honour Riches and Greatnesse I â—eld them in play so hoâ—ly that they â—â—ll 〈…〉 with me and gave up their disputing buâ—â—lers tâ—â—eatning to hang me 〈◊〉 for a grand Traitor without any more adoe At which I laughed and desired their 〈◊〉 to tell me which way they would go to work to take away my life now they had given me quarter Well say they We have two strings to our bow And in the first place we will arraigne you for a Traytor for being the chief or Generall of the Preutiâ—â—t that câ—â—e dâ—â—â— to Westminster and White Hall and forced the House of Pâ—ers and drove away the King from his Parliament and so begun the Warrs Unto which I replyed Alâ—sse my Lords you will be far mistaken there And I cannot but wonder that your Lordships should so undervalue your own Honours and Reputations as so much as once now to mention this Why Sirrah said one of them Why my Lord Because your Lordships may remember that the 3 of May 1641. the King caused Warrants to issue out to apprehend me as a Traytor for this very thing and others depending upon it and as a traytor I was apprehended by his Messengers one of which that night kept me prisoner as a Traitor and the next morning I being 4 of May 1641 as a Traytor I was brought by him to White Hall where aâ— I remember old Sir Henry Vane and Mr. Nicholas were appointed by the King himself to carry my Impeachment to the House of Peers at whose Bâ—r I that day appeared not then understanding their Jurisdiction and was there that day in your way arraigned for my life and one Littleton the Lord Keepers Kinsman swore most biâ—terly against me but upon further examination of witnesses and hearing with patieâ—â—â— my own Defence for my self I was by your whoâ—e House who lookâ—d upon themâ—elves as the highest Judicatory in England honourably and nobly 〈◊〉 a◠〈◊〉 â—â—nocent and fâ—â—e of the Kings accusation of which my Lords said I then let me plainly tell yâ—u if I were guilty you were a company of â—â—righteous and unjust Judges for freeing me from that Accusation but my Lords being judicially tryed therefore and acquitted by your selves who if my memory fail me not I â—aw all at that Tryall and by your whole House then extraordinary 〈◊〉 as ever I saw iâ— who judge your selves the highest Judicature in England
the Kings Bench-Bar to try me for my life unto whom if I stooped I was sure to be gone being already prejudged Again I shall also acquaint you with the severall Discourses Mr. Hollanâ—â— Mr. Hunt c. had with me about these Businesses and the large proffers I had from them yes and from Mr. Alexander Rigby as the mouth of Sir Henry Mild may the 〈◊〉 Agent who had Commission as he said to proffer â—â—e and my Comrades â—â—ge places and preforments so we would sit still and let the Grandces goe on with their work Which I with detestation refused at the house doore the very FORENOON I was adjudged a Treytor and thereupon the same day in the Afternoon the Votes of Treason past against me c. and my Second part of Englands New-chairs discovered And seeing the Businesse of Scroâ—â—'s men is wrongfully father'd upon me who never will incite Souldiers nor others to declare upon any thing else but our printed Agreement of the 1. May 1649. and that when they do draw their Swords against their General c. they shall throw away their Scabbards and rather fight with him then treat with him without either resolving to give or take Quarter yet I say seeing this is put upon my scoâ—e I hope I shall evidently make it appear comparatie comparaâ—â—â— That I am able to give 99 in the handred to any Champion the Generall hath in England and from Scripture Law Reason and their own Declarations to make their action appear more just 〈◊〉 the Generals severall Rebellions against the Parliament his Creators and extraordinary good Benefactors or his Rebellion and the Parliaments against the King in the love Warrs And lastly I shall shew the falseness and malignity of the late DISCOVERERS designe of fathering upon me c. all the erronicus tenents of the poor Diggers at George hill in Suâ—rey laid down in their late two avowed Books called The true Lâ—vellors Standard and The new law of Righteousnesse to which they have have annexed their names The Râ—adâ—râ— taking notice of which alone may be an answer to all that abominable lying late Book called The DISCOVERER And so Mr. SPEAKER thanking you for some late kindnesses in your House I received from you I take leave to subscribe my self An honest and true bred free Englishman that neveâ—â— in his life feared a Tyrant nor loved an Oppressor JOHN LILBURN From my close unjust and causelesse Captivity without allowance the legall right of all men in my case in the Tower of London this 8. of June 1649. The first yeer of England's declared Freedom by the lying and false pretended Conservators thereof that never intended it FINIS * 1 Part. Book Dec. pag. 172 195 214 281 342 464 494 497 498 663 666 673 750. * Was this wicked and illegall in the King and can your denying my wife as in my present imprisonment you have don so much as to see me or speak with me or bring me food to preserve me alive be legall just and righteous in you Let God and all righteous men judge betwixt you and â—â— in this particular †As particularly that old guilty Traytor Sir Henry Vane who was one of the principall men that passed that bloody murdering Sentence in the Star chamber against me in the yeer 1637 and whose power by his crafty Machiavel Sons interest young Sir Henry kept me above eight yeers together in suit in the House of Commons that I could not get one dram of Justice or reparation against my Star-chamber Judges although the purfuing of that Suit one way and other cast me above a thousand pound Yet at lest when I got aâ— Ordinance for 3000 li. for reparation me from those that did me wrong but from the Common-wealth's Sequestrations yet in the passing of that Ordinance steps up John Blackston in the House one of Vane's creatures for the many thousand pounds sake of the Common-wealths money he hath helps him to and he gets all confideration of interest for the forbearance of the money cut off so that it would be many yeers before the whole sum abhorted would come in onely there was a thousand or fifteen hundred pounds worth of wood feld of Sir Henry Gibs in Brandsborth Park which Sir Henry Vane by his pounds in the Knights absence and mine both gets an Order to possesse although he hath no right unto it so that my 3000 l. will be well nigh this ten yeers before the annuall rent of the Lands allotted will bring it in which will scarce be Use for the Principall Of all which usage when I come out of the North to the Citie immediately after the execution of the King â— compâ—â—ined to Sir Arthur Hasterig then my familiar friend and begg'd of him to deliver a Message for me to Lieut. Gen. Cromwel in which I acquinted him step by step how old 〈◊〉 Henry Vane had without cause for this twelve yeers together sought my bloud and had got a good part of it and I knew that Litus Gen. Cromwel had by his son's similiarity with him been of late the staffe and stay of the old Traytor and therefore I desired him to tell him I thought 〈◊〉 had been out-folling enough betwixt Cromwel and me already occasioned by himself but for my part I desire to have no more jarring betwixt us and therefore did earnestly intreat him to let old Henry Vane and me alone instand or sallâ—y our selves For seeing he would never give over the pursuing of my lifes I must be forced to have much to his for I told Sir Arthur I was resolved either to impeach him or indict him for a Traitor in betraying all the North of England to the Earl of Newcastle and sending his Magazine of Arms to him to Newcastle from Raby Castle assuring him moreover that if L. G. Cromwel would yet protect him for all his greatnesse â— would try another fall with him cast iâ— what it would but as if it were the highest treason in the world for any 〈◊〉 in England but he that is a Parliament man to say that blacks the eye of any man in that House old Sir Henry and young Sir Henry Vane are both endeavoured by King Nol to be brought in againe to the House having been formerly excluded for three quarter Cavaleers and to be 〈◊〉 Members of the New Councell of State and King Nol by his Beagles at the Counsel of War 〈…〉 Vote to passe to desire him to get a saw made by the House to authorize that bloudy and 〈◊〉 Councell to hang poor peal-garlick or any other that they should judge worthy of 〈◊〉 so that here was a fine morse-trap for old and young Vane to catch poor John in not obtained 〈◊〉 doubt of the greatest engagement in the World to be King Nols Slaves Vassals to ingage with him and drive on any interest be would have them for his so seasonable help of them at this 〈◊〉 great time oâ— need against furious Iohn as they call him who in Feb. last offered a 〈◊〉 of Parliament where S. Arthur then sate Chairman upon his life upon the Authority of that own Ordinances to prove old Sir Henry his son Sir George Vane both Traytors to â—â—y them to transport their souldiers for Ireland out of their states their trayterous Confederates in the County of Durham 50000l and earnestly begd of S. Arthur the Committee to 〈◊〉 the House herewith but the next news I hear King Olivers paws was laid upon poor Iohn◠〈◊〉 he and his Cozen Prince Arthur come to burn their fingers before they and John hath 〈…〉 Oliver thanke himself and leave Trayterous old Sir Henry Vane and his wicked sons to 〈…〉 their own legs without the help of his Crutches the next time