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A88246 The resolved mans resolution, to maintain with the last drop of his heart blood, his civill liberties and freedomes, granted unto him by the good, just, and honest declared lawes of England, (his native country) and never to sit still, so long as he hath a tongue to speake, or a hand to write, til he hath either necessitated his adversaries, the house of Lords, and their arbitrary associates in the house of Commons, either to doe him justice and right, by delivering him from his causelesse and illegall imprisonment, and out unto him, legall and ample reparations, for all his unjust sufferings or else send him to Tyburne: of which he is not afraid, and doubteth not if they doe it, but at and by his death, to doe them (Sampson like) more mischief, then he did them all his life. All which is expressed and declared in the following epistle, written by Lieut. Coll. John Lilburne, prerogative prisoner in the Tower of London, to a true friend of his, a citizen thereof, Aprill 1647. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2174; Thomason E387_4; ESTC R201493 61,516 44

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more ripe understanding so that I am now able to speak without being dictated unto what I should say and therefore if you please to give me leave to speak my own words in my owne manner and forme well and good if not I have no more to say unto you Sir saith he the question is but short therefore you are commanded to give a possitive answer to it unto which I replyed Sir if you will not let me speak my owne words in my owne way I will neither tell you whether I will owne it or disavow it and with that he took his pen and writ part of what I said and read it to me Sir said I what you have writ is not full what I said and therefore if you please to give me pen inke and paper I shall write what I said my selfe and set my hand unto it which he refused but divers of the Parliament men pressed him to keep me to the question Vnto which I said Gentlemen if you please to give me leave to speak well and good if not lets come to an issu● and command me out of doores for I will not answer you till I have free liberty to speak upon which one or two of the Committee said let him speak but saith Mr. Corbet if after you have liberty for to speake will you returne a possitive answer to the question yea Sir said I that I will well then speak said he speak Sir said I what I have to say is in the first place in reference to the house of Commons for apprehending with my selfe that my carriage and speeches this day before the Committee may be represented to the honourable House of Commons to my detriment and dammage I therefore judge it convenient for me to fortifie my self as wel as I can and therfore I desire humbly to declare that I own the constitu●ion of the honorable house of Commons as the greatest best and legallest interest that the Commons of England have for the preservation of their Rights and Liberties and I doe not only owne their constitution but also I honour their authority and power and the power and authority of all Committees legally deriving their power therefrom and shall readily and cheerfully yeeld obedience to all their commands provided they act according to the rules of justice and to the good knowne lawes of the hand but not otherwise And in the second place I desire to speake a few words of my thoughts of this Committee but I was exceedingly interrupted not only by the Chairman but also by other Members of the House and very much pressed to give an answer to the question which made me say Mr. Corbet if you please to let me goe on in my own way well and good if not I have no more to say to you for I came not hither of my owne head to make a complaint unto you of my own but I was sent for by you as I conceive in a criminall way to answer something before you in which regard it behoves me to stand upon the best guard that either law reason or judgement can furnish me with and being that I apprehend I am so much concerned in my present appearance before you it exceeding much concernes me to be very considerate and wise in managing my businesse before you therefore i● you please let me goe on to speak out what I have to say and I thinke in conclusion I shall give you as possitive an answer to the question as you desire So up stepped a welsh Gentleman one Mr. Harbert as I remember his name desired Mr. Corbet to let me speak on for saith he you hear him promise to give you a possitive answer to your question Well then saith Mr Corbet but will you as soone as you have spoken give a possitive answer to the question Yea Sir said I and clapt my hand upon my breast upon my credit and reputation will I then goe one saith he Well then Sir said I two words concerning this Committee and that at present I have to say is this that I looke upon this Committee as a branch deriving its power from the House of Commons and therefore honour it and I looke upon you in the capacitie you fit here as a Court of justice and I conceive you look upon your selves in the very selfe same capacity but in case you do not I have no more to say unto you neither if ye be not a Court of Justice doe I conceive have you in law any power at all to examine me But none of them replying upon me made me take it for granted they took themselves for a Court of justice and therefore I went one and said if you so doe that is own your selves for a Court of justice then I desire you to deale with me as it doth become a Court of Justice and as by law you are bound which is to let me have a free open and publique hearing For Gentlemen you have all of you taken the Covenant in which you have lifted up your hands to the most high God and sworne to maintaine the lawes of the Land And it is the law of the land that all Courts of Justice ever have been are and ought to be held openly and publiquely not close like a Cabinet Counsell from whence no Auditers are or ought to be excluded * See Mr. Pryns relation of Colonell Fines his tryall pag. 11. 12 13. and Regall Tyranny discovered pag. 81. 82. 83. and therefore as you would not give cause to me to Judge you a company of forsworne men I desire you to command your doore to be opened that so all the people that have a mind to heare and see you and beare witnesse that you proceed with justice and righteousnesse may without check or comptrole have free accesse to behold you they behaving themselves like civill men But here arose a mighty stir by some Parliament men who declared fiery indignation in their very countenances against me but especially a Gentleman that sa●e on the left hand of the forementioned Gentleman in the fur jacket who pressed vehemently to hold me close to the question and keep to their Committee proceedings but truly I conceived the Gentleman to be but a very young Parliament man and one that neither had read nor understood the lawes of England and therefore Sir said I to him to stop your mouth I tell you I blesse God I am not now before a Spanish Inquisition but a Committee of an English Parliament that have sworne to maintaine and preserve the lawes of the Kingdome and therefore Mr. Corbet I know you are a Lawyer and know and understand the lawes of the Kingdome and I appeale to your very conscience whether my desire of an open and publique hearing be any otherwise then according to Law sure J am Sir it was the constant practise of this very Parliament at the beginning thereof that in all their Committees whatever where they
my duty to him in endeavouring to keep my conscience unsported before him I pray read my Epistle dated 11. Nov. 16●8 and printed at the latter and of my answer to Pryn called Innocency and tru●h justified Besides in my present imprisonment I am stripe of all industrious meanes to provide for my wife and children and am much more in the rode way by expences to destroy them then to lay up six pence for their future subsistance and which if long continued in the eye of reason I must either eat them or they me And therefore being in many straights in my owne spirit and under many capitall oppressions contrary to the law and justice of the Kingdome I looked up to God and pluckt up my resolution and put pen to Paper on purpose if it were possibl● to give them a provocation to bring the forth to a publ●que tryall that so if possible I could I might know what to 〈◊〉 to and yet so carrying ●●y businesse that I would in my own appreh 〈◊〉 〈◊〉 have the law of the land of my side and advantages sufficient to render my adversarie● 〈◊〉 and contemptable for their unjust proceedings with me and therefore it was that I 〈◊〉 ●●●pose before the forementioned Committee owned my book in that manner that I did which if I had not the credit of the book would have been blasted and divers other great inconveni●●ces to me would have followed And therefore knowing very well that though divers in the house of Commons were 〈…〉 the book yet by law they themselves in their Arbitrary way could not try me for it the 〈◊〉 if they should or had attempted I should have shewed them their owne Oathes and De●●●●tions where they sweare and declare to maintain the lawes and liberty of the land and should 〈◊〉 shall say to them as Tam●r said to Judah after he had in his unadvised rashnesse 〈◊〉 to death for being with child by 〈…〉 but when she was ●●ought forth she sent to Juda● 〈◊〉 Father in Law saying to the man whose th●se are am I with Child 〈◊〉 I pray the● 〈…〉 these the Sign●● and ●ras●e●● and S●●ffe And Judah acknowledged them and said she hath 〈◊〉 more righteous then I 〈◊〉 because I gave her not to Sh●●●h my sonne and he knew her 〈◊〉 more Gen 38 14 15 16 c. Even so should I have said if they should have falne upon me with fury to have tryed me for writing my booke In their Arbitrary and Parliamentary way● and falne upon me 〈◊〉 as much heat for standing upon my legall priviledge as Judah did upon Tamar when he judged her to be burnt whose Oathes whose Covenants whose Declaration and Protestations 〈…〉 th●se In all of which you have solemnly ingaged before the presence of the great God of Heave● 〈…〉 and all the world that you will 〈…〉 the lawes and liberties of the land Ye● the House of Commons in their most excellent Declaration of the 19. April 1646. book 〈…〉 folio 879 expresly say Th●● although the necessary of the w●r hath given some disturbance● to all proceedings stopped the usuall course of justice inforced the Parliament for the preservance of th●s S●ate to impose and require many great and unusuall payments from the good Subjects of th● Kingdome and to take extraordinary wayes for pr●●●ring of m●neys for their many pressing ●●si●ns it having pleased God to reduce our affaires into a more hopefull condition then heretofore we doe declar● marke this well That we will not nor any by colour of any authority derived from us shall interrupt the ordinary course of justice o● the severall Courts and Iudicatories of this Kingdome nor intermeddle in cases of Private interest other where determinable unlesse it be 〈◊〉 case of male administration of ●ustice wherein we shall see and provide that right be done 〈◊〉 inflicted as th●●● shall be oc●●●sion according to the laws of the Kingdome and the trust reposed in us wh●ch elsewhere they say i● to provide for the peoples weale but not for their woe and in other of their Declarations they declare That the l●w and the ordinary course of ●ustice i● the common birth-right of every Subiect of England and what the Law is in case of tryall they declare it to be one and the same with that expressed in my forementioned paper see ● part book Dec●●●a pag. ● 7.38.39.77 278.458.459.660.845 see also The A●●●otomy of the 〈…〉 pag. 8 9 10. The Out-tryes of Oppressed Commons pag. 7 8. and V●x Plebis pag. 13.14 15.6 c. And therefore if I be in an error or have committed an evill in the judgement of the Parliament for standing upon my legall priviledges against them verily by the men who●e are these am I seduced deluded and led into error discerne I pray you whose are these these Remonstrances Declaratio●s Protestations Oathes Vowes and Covenants the benefit of which I ought to 〈◊〉 the which if they let me J shall let you know I was not nor am not altogether ●os●●it to know my owne priviledges at the Common Law for I know if they indict me 〈◊〉 they have wholly altered the government it must be in the King name and for committing a crime against him this is expresly the form of their ●●dictment●● I am sure can be found guilty of no crime committed against him unless it be at their command for drawing my sword fighting against him his Army in this I 〈◊〉 plead their own Ordinances and Declarations where they promise to beare me hirm●●●sse for so doing and I am sure this is a good and sufficient plea before one of their owne Iudges who hath no other power but what he detives from one of their owne Ordinances which if he shall hang or destroy me or any man for actions done expresly in obedience to their Ordinances for any thing I know he ought to be hanged as a wilfull ●urtherer for destroying me for doing actions in obedience to that power and expresly commanded by them from which he hath all his power and hath no other power to sit as a Iudge but by vertue of an Ordinance of the two Houses But if they should condemne me for this action what doe they else but condemne in me the whole Parliament and all that have in these warres adhered to them But if they should happen to indict me for acting committing or indeavouring to act or commit treason rebellion or insurrection against the Parliament I very much question according to Law and the present constitution of the Kingdome whether any such indictment can be made or no but if it can I wonder then the Parliament doth not then try the Caviele●●s in the severall prisons of London that avowedly and professedly have drawn their swords against them to destroy them yea and glory in it as their duty so to doe and truly it is the greatest injustice in the world to let those goe scot free that are guilty in the
power of the honourable house of Commons and looke upon it in its constitution at the greatest and legall best interest that the Commons of England ●ath and of all the Committees thereof that legally and ●ustly derive their power therefrom and act according to the Law and just customes of Parliament within their bounds unto all whose commands so farre as the established law of England requires me I shall yield all cheerfull and ready obedience but having the last yeer very large experience of the arbitrary and illegall proceedings of some Committee or Committees of the House of Commons and the Chair-manor Chair-men thereof and fearing to meet with the like now again● by way of prevention I amnec●ssitated humbly to declare unto this honourable Committee that in the dayes of the Star-Chamber I was there sentenced for no other cause but for refusing to answer to their interrogateries or questions and upon the 4. of May 1641. the honourable house of Commons whereof you are Members upon the report of Mr. Francis Rouse made these ensuing Votes Resolved upon the question That the sentence of the Star Chamber given against John Lilburn l●illegall and against the the liberty of the Subject and also bloody wicked cruell barberous and tyrannicall Resolved upon the question that reparations ought to be given to Mr. Lilburn for his imprisonment sufferings and losses sustained by that illegall sentence Here is your own iust and legall Votes in my own case to condemne as illegall and uniust all inquisition proceedings upon selfe accusing interrogatories and your Votes are sutable to the ancient and fundamentall lawes of this land as appeares by the 29. chap. of Mag●a Carta and the 5. E. 3 9 and 25. E. 3.4 and 2● E. 3.3 and 37. E. 3.18 and 42. E. 3.3 the words of which last cited Statute thus followeth Item at the request of the Commons by their Petitions put forth in this Parliament to eschew the mischiefes and dammages done to divers of his Commons by false accusers which oftentimes have made their accusations more for revenge and singular benefit then for the profit of the King or of his people which accused persons some have been taken sometime caused to come before the Kings Counsel * * Which the Parliament is by writ otherwise upon grievous paine against the law It is assented and accorded for the good governance of the Commons that no man be put to answer without presentment before Iustices or matter of record or by due processe and writ originall according to the old Law of the land and if any thing from henceforth be done to the contrary it shall be void in the Law and holden forerrour All which forementioned good Lawes are all and every of them confirmed by the Petition of right made in the third year of the present King Charle● which expresly saith no man ought to be adjudged but by the lawes establ●shed in the Realme and not otherwise which Petition of right you your selves in this present Parliament have in every point confirmed as appeares by the Statute that abolish●th the Star-Chamber and by the Statute that abolishe●h ship money and you your selves with your hands lifted up to the most high God have often sworne vowed pro●●●ted and d●e●●red you will maintaine preserve and defend the fundamentall lawes of the land and square you actions accordingly and imprecate the wrath and vengeance of the great God of Heaven an dearth to fail upon you when you cease to performe what there you sweare to and declare And therefore honourable Gentlemen what thoughts soever of ind●gnation and displeasure you have towards me I hope you will be so tender of your owne honours and reputations that you will not in the least endeavour to deale with me contrary to the true intent and meaning of the for●●entioned good and iust lawes But if you should I cannot nor shall not willingly stoop unto ●●y tryall that is contrary to the pattern of the forementioned honest iust and good lawes and if you please to let me ●●ioy the benefit of them J shall be ready to ioyne issue with you whensoever you please without craving any mercy pity or compassion at your hands and legally to answer whatsoever J have said or done But under the favour of this honourable Committee I die humblie conceive it will neither b●lu● nor honourable for the house of Commas to pun●sh me either for a pretended or reall crime committed by me in a bard tedious provoking and u●iust imprisonment while my case is depending before themselves and I by themselves extr●amly delayed in receiving iustice and right therefore I make it my humble suite unto this honourable Committee to represent myiust desire to the honourable house of Commons that they would first adiudge my cause betwixt the house of Lords and me which hath been dependant before them about this 8 moneths and either according to the lawes and constitutions of the land iustifie we or condemn me and then in the second place when they have done righteous and true iudgement in this then I desire them if they have any reall or pretended crime or crimes to●ay to my charge committed by me in my present hard uniust and extraordinary provoking imprisonment whilst J am managing my buslnesse before them that then they would proceed according to law with me and according thereunto to punish me without mercy or compassion which proposition I hope is so rationall that in iustiece it cannot be denied me So humbly taking leave of your honours I subscribe my selfe A true and faithfull servant to the honourable House of Commons to be commanded by them according to law and justice but no further John Lilburne From the outward Court of Wards 8. day of February 1646. And having concluded my paper now Mr. Corbet said I if you please le ts goe to the question well then said he will you renounce this booke or no Sir said I I had rather give you leave to hough ●e in ten thousand peeces then renounce any act of mine done by me upon grounded mature and deliberate consideration and therefore Sir somethings before hand premised J shall give you a possitive and satisfactory answer to the question And therefore in the first place I desire you and all here present to take notice that I doe not return you an answer to your question our of any opinion that J am bound in duty or conscience unto your Authority to doe it because you command me to doe it for I know J am actively only to obey you in lawfull things which this is not in the least for by law no man what ever is bound to betray himselfe Nor secondly J doe not return you an answer to it as though I were bound by any law in England thereto for I have before punctually proved it to your faces out of my paper that it is altogether unlawfull by the law of the land to presse or force me to answer
by my death 〈◊〉 should Sampson like Iudges 16.28.29.30 doe them more mischiefe then I did them all my life by p●lling away the two maine pillars that up●● is their i●●●afely to ●e 〈◊〉 in house of tyranny And therefore if you would avoid the evill you feare to come upon me I intre●t you to presse Mr. Martin with whom I know you are acquainted to make my report to the house which he hath so unjustly kept in his hands so many moneths to my unspeakable prejudice and the unconceiveable prejudice of the whole Kingdom and if he should say that their house are not in atemper to doe either me or the Kingdome concerned in me justice or right and therefore it is better for borne then made les● their house by Vote confirme what the Lords have done to me to answer which I must tell you I am as sure as that I am a man that I have the Law of England on my side against the Lords and which I thinke is unanswerably demonstrated in the foremen ioned books and therefore let their house be in never so bad a temper I most earnestly in t eat you to presse him to endeavour to make it and so quit his hands of it I care not what the issue be●so he doe but discharge his duty by attempting and endeavouring to make it and take some of his Comrades to beare witnesse of it and send me the names of those that in that House stand up against me to hinder and pervert the justice of the Kingdome in this particular case of mine and I shall thinke him an honest man and that he hath done his duty in endeavouring to obtaine justice and right for me at the hands of those that ought impartially to hand it out to me or the meanest Commoner and l●gall man of England but this Sir I doe assure you that if I ●in upon good grounds know the names of those that interpose their power parts to hinder me of that justice right which is my due in this particular by the good just and unrepealed law of the Kingdome I will pay them with my pen upon the posts of London and to the view of the whole kingdome as well as all the wit praines and parts I have will inable me to doe cost it what it will I pray Sir presse Mr. Martin but to indeavour the making of my report for while it is in his hands I am tyed in a manner by him hand and foot and cannot as I would stir for my own good till he hath rid his hands of it one halfe of whose ill dealing with me I should never beare nor take from all the professed adyersaries I have in the world which I must be necessitated in a large Epistle shortly to signifie to him and publish his dealing with me to the world In the next place if you desire to prevent that evill that you feare will befall to me then I pr●y you improve your utmost intere●● amongst the Commons of England in City and Country to petition to the House of Commons either according to justice and right to justifie or condemne me and in case they will not receive read and satisfactorily answer their Petitions then I intreat you improve all your interest in them to get them publiquely and avowedly to remonstrate and declare the Parliaments unjust dealings with them to all their fellow Commons of England tha● I may not be necessitated to ●un the bazard of making my single appeale against them to all my fellow Commons as well in the Army as City and Country which before I will be destroyed in person without cause I both must and will doe though I should loose my life the next day after for so doing But now before I conclude in regard I intend to make this Epistle publique I will communicate to your consideration two things of speci●ll concernment to me and the first is a peace of justice of the House of Lords in its kind as excellent as theirs to me is and it is the case of one Mrs. Elizabeth Walter the breviat of which as she her selfe gave it me in writing with her 〈◊〉 subscribed to it I shall recite here verba●●um saving some of the Marginall notes The proceedings of Mr. Walter in the Parliament with the House of LORDS SHrove Sunday last is seaven year since my husband left me in this town with three children a house and family and left me but seaven pence for the reliefe of me and them J followed him into the Country two hundred miles of this place and came to him where he was in one C●●●pels house who wrought such dissention betwixt us that as soone as he see me he took the 〈◊〉 and by the Contents of that book he swore he would never more live with me and fell to be●● 〈◊〉 most truelly and turned me out of doors 1 My first Petition was the beginning of this Parliament 2 See their Order of the 2. Iune 1641. 3 See their Order of the 23. Iun. 1641. 4 See their Order of the 27. Novemb. 1641. 5 See their order of the 10. July 1641. and 2. of Aprill 1642. 6 Vpon the 12. May 1642. 7 See their order of the 13. May 1642. 8 See his notable Decree made 13. May 1642. 9 See their order of the ● Iune 1646. and the Commissioners order of the 22. June 1646. 10 See their order of the 23. Nov 1646. and their order of the 1. Feb. 1646. 11 See their order of the 28. Nov. 1646. 12 See the Moderate Jntilligence upon the 23. Feb. 1646. 13 See their order of the 18. Feb. 1646. 14 See their fatall order of the 23. Feb. 1646 15 Whos 's husband Mr. Stavely was lately high Sheriffe of Leicester-shire and a Committee man and whose said wife is suspected extraordinarily guilty of a kind of processed open incontinency yet the house of Lords committed him prisoner to the Fleet about two years ago for refusing to pay her Alley money to support her in her professed wickedness where they have kept him prisoner to this very day a brave contradicting peece of justice and worthy to be sounded out abroad for their Lordships deserved commendations On which I returned back to London and 〈…〉 to the House of Peers 1 for some reliefe for me and my children who sent for my husband up 2. 〈◊〉 at a full hearing my husband being in place before three score Lords having nothing to alledge against me but that he would not live with me they th●● ordered by his owne consent out of two 〈◊〉 pounds a yeare to pay me three score pounds a yeare and further what Estate should fall to him either by the death of Grand-mother or mother I should 〈◊〉 the one halfe thereof for the reliefe of me and my three children 3. which is five hundred pounds a yeare more All which orders my husband would never obey but still stood under contempt 4. 〈◊〉 the house referred it
wife to Lieut. Col. John Lilburn prerogative prisoner in the tower of London Feb. 8. 1646. Gentlemen YOu have all of you taken the Covenant for you have made an Order that no man shall sit in your House that will not take it where you have sworn to maintain the fundamentall Lawes of the Kingdome and for you to examine me upon Interrogatories is contrary to the fundamentall Law of the Kingdome and for me to answer to them is to be traiterous to my owne liberty or for you to proceed by any other rules to punish me for any reall or pretended crime but what is declared by the Law is unjust and unrighteous and therefore I humbly intreat this honourable Committee seriously to read and consider the Statute of the 42. of Edward the third Chapter 3. which thus followeth Item At the request of the Commons by their Petitions put forth in this Parliament to eschew the mischiefes and dammage done to divers of his Commons by false ●●●users which often times have made their a●●● a●onmo● for revenge and since for benefit the● for the profit of the King or of his people which 〈◊〉 used persons some have been ●aken and sometime caused to come before the Kings Counsell Which the Par●●ament is by 〈◊〉 or otherwise upon grievious paine against the Law this assented and accorded for the good governa●ce of the Commons that no man be put to answer with●ut presentment before Iustices or matter of record or by due processe and writ originall according 〈◊〉 to the old Law of the land and if any thing from henceforth be done to the contrary it shall be 〈◊〉 ●oid in the Law and holden for errour And sutable to this is the 19. chap of Magna Charta and ●he 5 E. 3.9 and 25. ● 3.4 and 28. E. 3.5.37 E. 3.18 which are all and every of them con●●rmed by the Pe●●tion of Right made in the third yeare of the present King which expresly saith No 〈◊〉 man ought to be adjudged but by the lawes established in the Realm and not otherwise which ●et●tion of Right you your selves have in every point confirmed as appeares by the Seatu●e that aboli●●th the Star Chamber and by the Statute that abol●sheth Ship-money and you your selves with your and lifted up to the most high God have often sworne vowed protested and declared you will main●ine preserve and defend the fundamentall lawes of the land and square your actions accordingly and ●●recate the wrath and vengeance of the great God of Heaven and Earth to fall upon you when you ●ase to performe what there you sweare to and declare and therefore Gentle men what thoughts soever d●spleasure you have towards me I hope you will be so tender of your own honours and reputations that will not in the least indervou● to deale with me contrary to the true intent and mea●ing of the forementioned lawes but if you should I cannot stoop unto any tryed that i● contrary to the pattern of the ●rem●ntioned honest just and good lawes and if you please to ●e me ●●●y the benefit of them I shall be ●●●dy to joyce issue with you whensoever you please and legally to answer whatsoever I have said and ●on● and so I humbly take my leave of your honours and rest ●●sbr 8. 1646. Your servant El●zabeth Lilburne And having finished hers and taken care to get a copy of it I begun to thinke what to doe fo●●y selfe and being very confidently perswaded that they would shew me my book and aske me if I ●ould owne it for mine because this was their method the last yeare with me as you may fully ●ad in a printed Epistle I writ to you last yeare when I was a prisoner under the S●rgeant at Arms ●f the house of Commons which Epistle is dated Iuly 25. 1645. And in my answer to William Prinus notorious lyes and fal●hoods * Which he was so ●ree of that he did print 13 or 14 in ●ight lines as you there may read pag. ● 5 6. see also pag. ●5 ●him called Innoceney and truth iustified pag. 6. 13 14. 15. 16. And therefore I fell to my pen and ●●k● but before I had writ a quarte● of that I intended my selfe to give into the Committee my keeper came and told me it was paston● a clock and therefore full time for us to be gone being we were to be there by two and in regard it was so very cold we marched all the way by land and comming to the outward Court of of wards before the. Committee said I fell to perfect what I had begun and as I was at worke out came to me a Citizen and told me there was a young Gentle-man in a for ●acket who looked something a squi●● pressed with a great deale of cho●er and indignation that I might be imediately called 〈◊〉 to answer for my notorious crime or writing the Oppressed mans oppressions declared which I say 〈◊〉 a book of truth and honesty and ●●●st as I had done I was called in before the Committee wh●●e I found as I conceived them 〈◊〉 ●reat many of the little better then the evish catch-poule Stationers whose trade it is for divers of them illegally and little better then felloniously to breake open honest mens houses and I 〈◊〉 Theeves and Rogues carry away their true and proper goods * As lately whit taker the Book-seller c. did mine the other day loading away 3. Porters with my proper and truly come by goods for which by Gods assistance I intend to arraign them as fellons and hang them if Law will doe it and a very large company of Parliament men as ever I see at a Committee to my remembrance before and looking well abou● me the most of them were to me men of new faces and one of them appeared to me to be one of Pryns infants or Minors not above 18. yeares old as I conceived but amongst them all I see not the face of one of my old acquaintance And after I had ●endered my respects to Mr. Corbet the Chair-man thereof he took a little book and read the title of it The Oppressed mans Oppressions declared c. and also turned to the last end of it and read the conclusion which was subscribed Iohn Lilburn Semper idem and told me he was commanded by the Committee to ask me this question whether I would own that book for mine or no unto which I answered Sir with the favour of this honourable Committee I shall humbly desire to speake a few words well said Mr. Corbet answer to the question Sir said I if you please to give me leave to speak well and good if not if you please to command me silence I shall obey you Saith he the question is but short therefore answer to it either I or no Sir said I I am now past a schole boy and have long since learned to say my A B C after my master but have now attained to a
against the liberty of the Subject and also bloody Wicked cruell barbarous and tyrannicall Resolved upon the question That reparations ought to be given to Mr. Lilburne for his Imprisonment sufferings and losses sustained by that illegall sentence Ordered that the Committee shall prepare this case of Mr. Lilburnes to be transmitted to the Lords with those other of Doctor Bastwicks Doctor Leighton Master Burton and Mr. Pryn. Hen. Elsing Cler. Dom. Com. And though it war a matter of foure yeares before I could get this my case transmitted to the Lords the obstructing of which I cannot altribute to any but principally to that old crafty For Sir Henry Vaine who I am confident of it hath long since deserved the Ax or Halter and and his powerfull interest and influence especially by his sonne young Sir Henry though Machiavel like he faces and lookes another way who for ●ll his religious pretences I for my part thinke to be as crafty though not so guilty a Colt as his Father which I beleeve I could easily and visibly demonstrate which I groundedly apprehend I have sufficient cause administred unto me to doe especially for some suttle cunning but mischievous late underhand dealings by as guilded instruments as himselfe but at present for my own interest sake I will spare him though my ●ingers itches yet I must tell him I am very confident for all his ●●●guises he will shortly be known to consciencious men to be but at the best if he be no more then one of the p●e●●gative quench coales to keep the people in silence from acting and ●●●ring t● deliver themselves from slavery and bondage And when● came amongst the Lords they the 13 Feb 1645. decreed that that sentence and all proceedings thereupon shall forthwith be for ever totally vacuated obliterated and taken of the file 〈…〉 Cou●●s where they are yet remaining as illegall and most unjust against the liberty of the Subject and law of the land and Magna Charta and unfit to continue upon Record And 〈…〉 said L●lburn shall be for ever absolut●ly freed and totally discharged from the said s●●●●●ce and all proc●e●ing thereupon as ●ully and ample as though never any such thing h●●●●n c. 〈…〉 may a● large read in the foresaid relation yea and by an other decree ordered 〈…〉 And down into the House of Commons they send my Ordinance for their c●ncu●rance which is there again bl●ckt up as I may too justly conceive by the powerfull and unjust 〈◊〉 of the fore mentioned old tyr●nnicall Monopo●izer Sir Henry Va●ne for which by Gods a●●●sta●ce s●eing I have no other ●●medy nor meanes left me to obtain my right and the 〈…〉 of the Kingdome I am resolved to pay him and all that I can g●oundedly know and heare joynes and concurs with him to destroy me and hinder me of justice and my right which should preserve me and keep me and mine alive cost it hanging burning drowning strangling poysoning starving cutting to peices or what ever it will or can yea though it loose me all the interest I have in the world in any or all the great ones thereof put Lie● Ge●● Cromwell into the number And therefore J desire not only your selfe but all impartiall Readers that reads these lines to judge whether it be not the hight of partiallity and in justice in the House of Commons to ●●●●er him to sit and vote there especially they having throwne out divers others for ten times lesse faults then he is publiquely known to be guilty of and I desire you to satisfie me whether or no the people for their owne wellfare are not bound and may not groundedly petition the House of Commons to throw out him who is so great a transgressor and violater of the Lawes of England and therefore altogether unfit to be one of those that maketh and gives lawes unto the free men of England for in my apprehension if there were no more to be laid unto his Charge but to have been so unjust and unrighteous a Iudge as to have had a ●inger in inflicting a sentence that is voted by the house of Comons in the dayes of their verginity purity and uncorruptnesse to what it is visibly now yea himselfe sitting as a Member there to be not only illegall and against the liberty of the Subject but also bloody wicked cruell barbarous and tyrannicall it alone were legally and justly cause enough for ever to eject him O England England woe unto thee when thy chosen preservers turne to be thy grand destroyers and in stead of easing thee of thy grievances with a high hand of violence protect from justice those that commit them and thou seest it and knowest it and yet art like a silly Dove without heart and dares not open thy mouth wide to reprove it and indeavour by petition or otherwise the amending of it surely and undeniably that body who or what ever it be that is not able to evacuate its excrements is nigh unto the giving up the Ghost or bursting out into such botches and ulcers that it shall be an eye sore to all that behold it and stinke in the nostrels of all men that have their senses But with your patience I will trace this old For a little further and see how he hath plaid his cards since this Parliament fate and to let pass● his unfaithfull dealings with his master the King whose Secretary of State he was and yet could not or would not keep his secrets which is an act base enough in it selfe although as J have been told by one very neare and deare unto him his places he injoyed under the King were w●ith to him 8●00 l. per ann●● but having as before is truly observed before this Parliament by acts of basenesse done ●●he was a Courtice and a ●rivie Counseller too himselfe over boo●● and ●hooes and seeing that it was impossible for him and all his confederates to break of this Parliament as they did the late short Parliament therefore it behoved him for the safety of his own head to lay his designes so as that h● might by the swaying party merit preservation to himselfe which to doe being as he was a Secretary p●●rie to all the King and Court● principall secrets though he was under an Oath and the strictest obligation of se●●ecie that could be yet they must all out and out they went as in the case of the Earle of Strafford of which I have heard some great ones say it was scrued to the highest pin if it were not higher then in honesty justice it should but all this was done that he might not only save himselfe but gaine an esteeme in the present Parliament and so be in a possibillity by the interest of his son Sir Heary although to men that were halfe blind there was and I thinke still is a seeming enmity betwixt him and his Father in time to make himselfe amonds for his 8000. l a yeare by his places which by disserting
times used to be so carefull in the discharge of their Da● for the welfare of the people that did chuse and be trust them that they would impose nothing upon the people that might be a burthen to them without acquainting them first with●●● 〈◊〉 Sir Edward Cooke that learned Lawyer in the 4. part of his Inst●●●tes Chap. of the high Court of Parliament fol. 1● declares his words are as followeth which is printed by the present Parliaments speciall order It is also the law of the Parliament that when any new device is moved on the Kings 〈…〉 Parliament for his aid on the like the Commons may answer that they ●●●der●d the Kings sate and are ready to aid the same only in this new device they dare not agree without conser●●●ce with 〈◊〉 Countryer whereby saith he it appeareth that such conferences is warrantable by the law ●●●●stome of Parliament And folio 34. he saith that at the Parliament holden in the 9. E. 3. whe● a m●●ion was made for a subsidy to be granted of a new kind the Commons answered that they would b●ve conference with those of their severall Countries and places who had put th●● 〈◊〉 trust before they treated of any such matter Set my b●●k●●alled Innocency and truth just f●e● pag 60. But now things by the present Parliament are so carried as if they were absolute Lords over al the estates of al every individuall in the Kindom that chuse and trusted them and as though they might leavie upon them at their wills what they pleased and dispose of it how they pleased even to their own particular pockets to the inrichment of their particular selves See the Opressed mans Oppressions declared pag. 22 35. Regall Tyranny p. 10● ●04 105 106. and Londons account So that the People now are without a Bol-warke to preserve them from being swallowed up by unlimited prerogative unknown priviledg●● exercised by them so that by their owne principles if they vote to set up ●o●ary o● the ●urki●● A●●●●● 〈…〉 it be cause they vote and declare it and if they vote into their owne 〈…〉 we must give them unto them or if they vote to monopolise unto themselves ●ll our ●ives and children we must part with them to them because they vote it and have no remedy to helpe our selves because we have trusted them O brave Parliament principles though we never intended them in the least any power at all to doe what they list nor any other power but only ra●iona●ly to the best of their understandings according to justice 〈◊〉 and right ●eason to provide for our greater happinesse and better well being which they themselves before they had ●or the King and his party downe did honestly confesse book ●ecl 1 〈◊〉 pag. 1● 〈…〉 to call the Iudges to an account and to punish them if they should per●●●● the law and justice of the Kingdome either by the King flatteries letters commands or threats which the law expresly ●aith they are not in the least to regard in the administration of justice 9. 〈…〉 8.5 E. 3.9.14 E. 3.14 11. R. 2.10 And if they see cause to call the Lord 〈…〉 c. to account to know and see if the publique Treasure of the ●●●dome be 〈…〉 according to the end and uses that it is assigned 〈…〉 for the good preservation safety and protection of the Kingdome and not to be imbe●elled or ●●●●●ed 〈◊〉 ends or use 〈◊〉 warrantable not justifiable But they were never in the least betrusted with a power to protect and beare out their own Members in all manner of treachery and basenesse committed by them against the Kingdome as I could easily instance they have done in divers and to cheat and 〈◊〉 them of great and vast sums of their money and yet not to be liable to be called to any account for it see Mr. Andrew Burrells Remostrance to the Parliament of England and the state of Irish affaires presented to the Parliament by the Committee of adventures in London for Ireland and Regall Tyranny pag. 101 102 103 104 105 10● in which pages i● i● declared that a right reverend Gentleman of the House of Commons Sir John Clotworthy and his agent Mr. Davis have put in their particular pockets 97195. l. of the money raised for the relief of Ireland and I have heard that the foresaid Committee of L●●dou●r● ha●●●s●●●ted Sir J●●● Clotworthy to the purpose in the House of Commons about 24000. d. that they possitively say he hath in his hands if as I am informed he had not by a great deale of industry found some very great Citizens tardy contrary to the law in transporting beyond the Seas Silver and Gold who improved all their interest to keep him from complaining and it is thought prevailed on purpose with the said Committee to cease prosecuting Sir John Clotworthy that so he might cease of securing them for their transportations nay it is verily though some lickt their fingers soundly about this businesse for I have from very good hands heard there are some notable blades about London that can easily discover so many great men about London capitally tardy with transporting of the Kingdome treasure beyond the Seas that if there were any that would doe impartiall justice in 〈…〉 the penalty of the lawes divers hundreds of thousands of pounds might easily be raised to be put into the publique purse only it were worth the Commons of Englands serious looking to it that three quarters of it were not put into particular Parliament mens pockets Oh for a new chosen Parliament to find out that almost unfadomable knavery that i● amongst divers of this Parliament about mighty sums of the publiques money J d●re boldly aver it that all the businesse against Strafford Canterbury Lord Keeper Finch Lord Chieft Iustice Br●mstone Iudge Ba●●let Barron Tr●ver Sir George Ratcl●ffe The Farmers of the Custome house Alderman Abell Mr. C●●vet and the rest of their Cater-piller brethren Monopolisers was never when they were openned more odious to the people then the villanny and roguery of divers of the present Parli●●●●● men would end●ay appeare if there were any uncorrupted and ●●partiall ●udge●● 〈◊〉 open which 〈◊〉 they are is impossible to be found or had they being generally and 〈◊〉 in a manner so corrupted with ●●g●●ing the States money that for my part I am very 〈◊〉 dea● of it they da●e not ●ip up one anothers knavery for ●eare he that first begins gets a 〈◊〉 himselfe before he hath done Yea I have observed it for divers moneths together that 〈◊〉 a common practice in the House of Commons that as soone as a Soldier is chosen a Parliament man of whose honesty valour and boldnesse many people had high thoughts of but ●●minatish him and low up his lips which gifts doe Pa●● 23.8 Deut. 16.19 Eccles 1● 11 within a moneth or six weeke● very commonly order that he shall have his Arrears can ●pa●● paid him of else a Vote for 〈◊〉 or
tossed and c●mbled me at Committees so as if 〈◊〉 would have beat me to dust and powder as you may partly read in my printed Epistles 〈◊〉 25. Iuly 1635. and December 1645. Yea and one day in Westminster H●ll laid violent 〈◊〉 upon me having my sword in my hand to provoke me to strike him that so I might loose 〈◊〉 hand by striking in the face of the Judges fitting in the Kings ●ench 〈◊〉 Westminster hall 〈◊〉 afterwards his two great Co●●●● Dr. ●est●ick and Col King having b● the Spea●en meanes Pr●●s Patron got me ●ni●stly clapt by the heeles from the 19. of Iuly 16●● to the 14. of October 1645. I was by the whole house of Commons honourably released as you may read in the 34. pag. of J●nocency and fr●th justified but yet in that unjust and untighteous imprisonment I was ordered by the House of Commons to be tryed at New-gate S●ff●●● for my life by the powerfull influence of Mr. Speaker and Mr. Gline Recorder of London in which businesse I have just cause to thinke that Pryn had more then a finger because that when he see I was likely honourably to be delivered as a spotlesse and innocent man he frames a booke and publisheth it Cumprivilegi● and dedicates is to Mr. Speaker in which book called The Lyar confounded he possitively acculeth me of a most transcendent crime viz th●● I have consp●●ed with other Separates and 〈◊〉 to 〈◊〉 out the Members of this Parliament by degrees beginning with Mr. Speaker when if they could eat off he saith all the 〈◊〉 would easily follow and if this s●●●●ded not then to suppresse and cut off this Parliament by force of Armes and set up a new Parliament of our owne ●●●se and faction by this ba●●● charge P●yn manifestoth himselfe a perfect Knave and enemie to the Kingdome in that he knew me guilty of such a thing and never to this day durst question me or prosecute me for it and if it be but one of his false malicious suggestions then he proves and declares himselfe a lyar to f●ix so notorious a falshood upon him that now as well as formerly in this and all other things bids defiance to him see my answer to this in the ●5 page of my booke called Innocency and t●uth Justified yea and in the some false scandalous and transcendent lying booke of his beside scores of lyes he 〈◊〉 po●sitively 13. or 14. upon me in lesse then I. lines as I have truly declared in the 4 5 6. pages of the last ●●●●tioned booke and there offered to his face publiquely to prove ●hat there I say against 〈…〉 ●●e lying and pa●lte●y fellow durst never embrace my challenge there made to him ●●r never so much as in any of his late volumin●s lines return one word of answer that ever I could see to what there I justly 〈◊〉 upon him and therefore by his silence in their particular though be hath pr●●●ed scores of she●●● since have given me just cause now to procla●●● him so 〈…〉 and base a lyar that he is not ashamed ●o ●ell and publish above a dozer in ● lines But the cowardly unworthy fellow like one of 〈◊〉 broad who was 〈◊〉 from the beginning John 8.44 knowing that I was fast by the h●●les under a great indignation of the house of Lo●ds and knowing that my businesse by way of appeale was depending in the house of Commons and eady for a report that he might blast my reputation and credit and so by consequence destroy me and mine some weekes agoe at the house of Commons b●t as I have been informed from many good hands made a most false groundlesse and lying report of me that I was in their debt above 2000. l. which I had little be●●● then co●●●ed them of and in his late booke published since and dedicated to the House of Commons called the Sword of Christian Magistracy supported in the 10.11 pages of his Epistle he strongly endeavours to 〈◊〉 me more odious and capitall then the late beheaded Arch Bishop of Canterbury and there and else where in his base lying booke presseth them to punish me as se●●rely as they did him although I am confident he is not able to si● any crime upon ●e but that I am honester and j●ster then himselfe and stands for the lawes and liberties of England which he endeavours to destroy and overthrow and set up a perfect tiranny as by his late printed book● is to evident and though in this book as well as the Epistle he hath so many bitter charges against me yet in regard I have proved him so base and notorious a lyar already which by his not vindicating of himselfe he to my understanding grants to be true I shall only at the present returne as briefe an answer as I can to that most notorious lye of his laid 〈◊〉 in the 12. p. of his said Epistle after he hath expressed the Lords ●●●ity to me i● not mu●●hering and destroying of me ask● would have them for no crime in the world but for maintaining the just and good lawes of the Kingdome which they have all often sw●r●● to preserve he expresseth himselfe in these words And yet this obstinate seditious ungratefull w●●ch in stead of ●aving pardon for his most insolent a fain like Libels * Thou ●rt a calumniater for my books are no Libels having my name to them to justifie them contempts against the whole House of ●●ers and severall particular M●●●ers of it because your honourable House of Commons will ●orr●l●●se him upon his Libelle us Petition against all Law and justice i● affront of the Lords * Who I say justly deserves it for treading under their fe●● the fundamentall lawes and liberties of England as in my cas● they have 〈◊〉 which 〈◊〉 will 〈…〉 the Pri●● and all thy g●●gli●● lying a●●●ciates in England and their priviledges in this his mutinous Libell viz. The Oppressed want oppressions declared railes more upon your honours then the House of Peets not only clamouring upon you for arrears of pay when as there is not one farthing 〈◊〉 to him for ought he could make appeare upon the reference of his Pe●●tion to the Committee of Accounts who gave him a charge of ●●ove 1100. l. received from the Earle of Manchester and his officers ●●ly besides free quarter which he tooke of which he ●ever yet gave 〈◊〉 account but like a most seditious unworthy creature ●●●●ed●●ted of with so●e Malignants in the Tower who have furnished him with ●●●taken law and Records to drive on their designes he th●●● 〈◊〉 you c. Now for answers to which charge of 1100. l. that ●e falsely saith I received for my ow●e vindication 〈◊〉 ●●e world I shall give you this account that by Commission under the hand and scale of 〈…〉 of Manchester ●ated the 7. day of October I 〈◊〉 I was made Major of a foot Regimens to Ch●● Edward ●●y and then the 16. of May 〈◊〉 I was made
owne advantage and hoped for benefit notwithstanding the ch●●pt of 2000. l. c. against me but Mr. Pryn pressed that I might speedily come againe that so the state might not suffer by reason of the moneys I had received and before them stood charged with Truly Gentlemen for all this charge I ●m every consider●●● shall make it evident that I have been and am as free from defrauding the State or any of my officers or S●●●●e●s of a penny as any man in England that ever the Parliament imployed and I am ●ure that J am not in the Parliaments debt but they in mine and seeing that which J seeke from them is but some hundreds of pounds and the businesse I am now of following of concernment to me two thousand pounds thick I pray give me leave for a time to lay the lesser concernment aside that so J may not be disinabled to prosecute the obtaining of the greater and Sir if you Mr. Pryn thinke I am not responsible to answer the charge you may either put in a barre to make stoppage of the money I expect to receive by my decree or else I will put you in good securitie to answer this charge With which the Committee was satisfied and demanded of me what time I would demand but I told them I conceived it not ●●●venient for me to make my demand before I heard how long time they were willing to give me and they bid me take a moneth or six weekes for which I thanked them but withall to●d them I would be with them sooner if I g●t my businesse done but if I could not get it done J ●old them I thought I should sca●ce be able to wait upon them ●ell I had perfected that so they left it indifferent And this relation which here I have made for the substance of it is a reall truth I doe protest it in the sight and presence of God and therefore dear friend I pray you judge and consider seriously of the ●itter and implacable mallice of this lying and base fellow Will●am Pryn for I doe assure you to 〈◊〉 remembrance I failed not to be at Westminster every day the Parliament sate to follow my foresaid businesse from the day of my being before he said Commi●●●●ee of acc●unts to the day of my unjust imprisonment in New gate by the Lords which I am confident of William Pryn by his secret and close designes h●d a finger in and that he laboured by all the in a●●●s he could to ●inder me from obtaining my said two thousand pounds for immediately upon my good successe in the Lords house his brother in Evill Doctor Bastwick put in his businesse of purpose to clo● mine so they all sate still before I had likely without rub to obtaine my just desire and being a Presbyter obtained quick dispatch there and as I was informed fo●re thousand pounds for his damages although I am confident of it my bodily sufferin●s was twenty times more then his and I am confident of it in the eye of reason there was twenty times more visible ground for his sufferings th●● mine I having not writ● line against the Bishops c. nor medled with them tell they forced me to flye London and hee had avowedly writ divers provoking and invective bookes against them before his sentence in the Star-Chamber And b●sides I am confidently perswaded Pryn was the maine instru●e it to provoke his rea●●e our Tyburne deserving comrad and extraordinary great associate Colonel Edward King to arrest me upon he 14. of April 1646. in a false and fained action of two thousand pound for calling him Traytor which I aver he is to the Parliament if a man can commit treason against them having ●s will easily be proved if the Parliament would doe any justice upon knaves and Vi●●ams betrayed his trust reposed in him derivitine from and by the Parliament at Crow●a●d c. which said unjust arrest did not only disinable me to follow my businesse but necessitate me to write that f●●●ll Epistle to Judge Re●●● dated the 6 of Iune 16●6 now in print and called the Iust mans Iust●fication in which I have so truly and lively pictured the said unworthy follow King that I beleeve all the picture drawers in England cannot mend it and being necessiated by way of defence to touch ●●e Lord of Manchesters exceeding guilty conscience for protecting Col. King from the ●allowes contrary to justice and right and the Law marria● established by ordidance of Parliament u●der which authority they both fought though J am apt to thinke neither of th●● ever ●ild anything that had more danger in it then a R●t yet I say for that very Epistle the Earle of Manchester as to me is visibly caused me upon the 10 of Iune 1616. to be summoned up to the Lords barre who by law ar● none of my Iudges * Se Magna Charta Chap. 29. and the Petition of Right which confirmes i● Cooke 2. part institutes fol. 27 ●8 46. 47 48. V●● Plebis pag. 3● 3● 29 ●● 41. Regalley●nny page 43. 44 7● 76. Londons Liberty in Chains discovered pag. 68 69 the Oppressed mans oppressions declared pag. 17 18 19 the out cryes of oppressed Commons pag. 2 3. 4. also the Anotomy of the Lords tyranny being not any Peers and Equalls and there himself● being Speaker would c●ntrary 〈…〉 ●ined me upon inter regri●●ies for which 〈◊〉 necessitated in writing to pro●●st against 〈◊〉 which pioust you may read in the 5. 6. p●ges 〈◊〉 The Fr●●● 〈…〉 ●et which they unjustly committed me and for which to this day I lye by the heeles so not doubting but I have fully 〈◊〉 your objection I commit you to God and rest your faithfull and true friend ready to lay downe his life for the liberties of his Country Iohn Lilburn From my unjust captivitie in the Tower of London for the almost destroyed lawes and liberties of England which condition I more highly price though in misery enough outwardly then the visablest best condition of any Member whatsoever that sits in either or both houses being all and every of them for sworne having all of them taken oathes to maintaine the Lawes and Liberties of the Land and yet in their dayly practice destroy them of which sin and wickednesse they are all of them guilty in regard they all sit there in silence and doe not publiquely and avowedly to the whole Kingdome according to their duty declare their dislike of their crooked unjust and Englands destroying wayes this 30. April 1647. John Lilburne FINIS