and may justly be called Simeon and Levi brethren in evill and wickednesse whose tyrannicall mystery wants an Anatomy the beginning of which this is The last reason why I publish this is because that although the fundamentall Lawes of England be rationall and just lawes and so pleasant and delightsome to the people these Prerogative-Monopolizing Patentee-men of London have done as much as in them lies to pervert them and to turn them into Wormwood and Gall And though they be the common birth-right and inheritance of every particular individuall freeman of England yea of the meanest Cobler and Tinker as well as of the greatest Gentleman or Nobleman And therefore justly doth the King call the Law The Birth-right of every subject of this Kingdome Book Declar. 312. and in pag. 328. he saith The Law is the common inheritance of his people And in pag. 385. he calls the Law The common Birth-right of his Subjects to which onely they owe all they have besides And therfore are bound in the defence of it to bee made MARTYRS for it And in pag. 28. he sath The Law is not onely the inheritance of every subject but also the onely security he hath for his life liberty or estate And the which being neglected or disesteemed under what specious shewes soever a great measure of infelicity if not an irreparable confusion must without doubt fall up them The meanest of which he saith p. 650. are born equally free and to whom the Law of the Land is an EQUALL INHERITANCE with the greatest Subject And that the wealth and strength of this Kingdome is in the number and happinesse of the people which is made up of men of all conditions and to whom in duty without Distinction he acknowledgeth he oweth an EQVALL Protection And he in pag. 140. 163. passeth a most superlative high commendation upon those golden expressions of Mr. John Pyms speech against the Earle of Strafford and published in print by a speciall order of the House of Commons which are That the Law is the SAFEGVARD the CVSTODY of all private interests Your honours your lives your liberties and estates are all in the keeping of the Law And without this every man hath alike right to any thing And therefore saith he the Law is that which puts a difference betwixt good and evill betwixt just and unjust If you take away the Law all things will fall into a confusion every man will become a law unto himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a law and envy will become a law covetousnesse and ambition will become lawes and what dictates what divisions such lawes will produce may easily be discerned And in this very language doth the Parliament speak in their declarations Book Declar. pag. 6. where they speak with a great deal of vehemency and bitternesse against the bold and presumptuous injustice of such Ministers of Justice as before this Parliament made nothing to breake the lawes and suppresse the liberties of the Kingdom after they by the Petition of Right c. had been so solemnly evidently declared Yet they obstructed amongst abūdance of other grievous crimes there enumerated the ordinary course of Justice which they there pag. 7. call the COMMON BIRTH-RIGHT of the Subjects of England And in pag. 38. they speaking of the Kings dealing with the five accused Members who by his Majesties Warrant had their Chambers Studies and Trunkes sealed up Which action they say is not only against the priviledge of Parliament but the common liberty of every Subject And in the same page they say His Majesty did issue forth severall warrants to divers Officers under his own hand for the apprehension of the persons of the said members which by Law he cannot do there being not all this time any legall charge or accusation or due PROCESSE of law issued against them nor any pretence of charge made known to that House whereof they were Members All which are against the fundamentall lawes and liberties of the Subject c. And in pag. 458 459. they declare That in all their endeavours since this Parliament began they have laboured the regaining of the ancient though of late yeares much invaded rights lawes and liberties of England being the Birth-right of the Subjects thereof And therefore pag. 660. they own it as their duty to use their best endeavours That the meanest of the Commonalty may enjoy their own Birth-rights freedome and liberty of the law of the land being equally as they affirm intitled thereunto with the greatest Subject And in pag. 845. they declare that to be assaulted or seised on without due Processe or Warrant is against the legall priviledge of every private man but the Prerogative-Monopolizing arbitrary-men of London as though they had an absolute Deity-power in themselves and were to be ruled and governed by nothing but the law of their own will And as though they were more absolute and soveraigne in power then either the King or Parliament divided or conjoyned dis-franchising the greatest part of the Commons of London of their Liberties Trade and Freedomes at their pleasure which is granted unto them not onely by God and the great Charter of Nature and Principles of Reason but also by the Fundamentall Lawes and Constitutions of this Kingdome by which lawes and by no other is London as well as the rest of England to be governed And therefore Arbitrary Irrationall and Illegall it is for them or any of their brother-hoods Monopolizing Corporations and Companies by the authoirty of any pretended Royall Patent Proclamation or Commission whatsoever to assume unto themselves a power to destroy annihilate and make voyd the Fundamentall lawes of the Land which yet notwithstanding they daily doe And sure I am by the Petition of Right the King of himself can neither make an oath nor impose 6 pence upon any of his people nor imprison nor punish any of them but by the Law by the Statutes of Magna Charta chap. 29. 2. E. 2.8 5. E. 3.8.9 The King shall neither by the great Seal nor little Seale disturb delay nor deferre judgment or common right And though such commandements doe come the Justices shall not therefore leave to do right in any point But yet notwithstanding they meerly by their illegall prerogative both frame oathes absolutely-destructive to the publick law of the kingdome impose arbitrary fines and illegall levies and payments of moneys and act illegall imprisonments and punishments yea and at their pleasure seise upon the goods of free-men All which is constantly practised in their Patentee-Monopolizing Companies Corporations and Fraternities So that to speak properly really and truly their Brotherhoods are so many conspiracies to destroy and overthrow the lawes and liberties of England and to ingrosse inhance and destroy the trades and Franchises of most of the Freemen of London But if it should be objected That these things are the ancient
constant experience they are found to be that both informer Parliaments and this present Parliament the House of Commons have thrown divers Patentee-Monopolists out of the House as altogether unfit to be law-makers who have been such law-destroyers It had been pure Justice indeed if they had made no exceptions of persons but swept the House of all such and then the King in his Declaration of the 12. August 1642. Book Declar. pag. 516. had not had so much cause too justly to hit them in the teeth with being partiall in keeping Justice Laurence Whittaker c. who the King there saith hath been as much imployed as a Commissioner in matters of that nature as any man And by all the information that I can get or heare of from those that knew him well before the Parliament the King in this particular hath spoken nothing but truth and I am sure and will to his face make it good secundum legem terrae that is by the law of the land but not by the arbitrary law of Committees that his estate and head will not make a sufficient satisfaction to the kingdome for those intolerable In-rodes that he hath made since this Parliament into upon the fundamental and essential liberties privileges and lawes of England Therefore to you my fellow-Citizens the Cloke-men of London I make this exhortation to make a petition to the Parliament to bring him all such Delinquents to condigne punishments which both the most of you and the Parliamēt are bound unto not only by your own interest but also by your protestation c. Book Declar. 156. 191. 278 629. And good encouragement you have from their own Declarations so to doe For there they say Book Decl. 656. The execution of Justice is the very soul and life of the law And pag. 39 they say They are very sensible that it equally imports them as well to see justice done against them that are criminous as to defend the just rights and liberties of the Subjects and Parliament of England And in pag. 497. they say Woe unto them if they doe not their duty Therefore never think that the Parliament will be worse then their words or throw their own Declarations behind their backs and therefore if you want the fruit of them blame your selves for not pressing them to make them good unto you For I am sure it is their own Maxime and saying that of the Parliament there ought not to be thought or imagined a dishonourable thing page 28. and therefore as they would have men to believe the truth of this Maxime so undoubtedly they will be very careful and wary not to do a dishonourable action much lesse to protect visible Delinquents and Offendors amongst themselvs in the great Councel of the Kingdom which were not only a dishonourable action but would justly open all rationall mens mouths not only to think but also to speak dishonourably of them But it may be you will say that your Grandees of London tell you the Parliament will receive no Petitions from a multitude of Citizens unlesse it come through the Common-councel I answer true it is there hath been a very strong report of such a thing in London but roguery knavery and slavery is in the bottome of it for if the prerogative-men of London could once bring you to that they might tyrannize over you at their pleasure ten times more then they do Therefore an enemy to the Liberties of England and London in the highest degree hee is that would perswade you to believe any such thing Yea and I say further he is an enemy to the honour dignity and safety of the Parliament that so doth for this were to destroy the fundamentall freedomes of England which the Parliament themselves cannot destroy being appointed to provide for our weal but not for our woe Book Decl. p. 150 81 179 336 361 382 509 663 721 726. and themselves say pag. 700. that all interests of trusts are for the use of others for their good and not orherwise And punishable is he that shal make the people believe any such thing the Parliament judging it the greatest scandal that can be laid upon them that they either do or ever intended such a thing as to inslave the people and rob them of their liberties and freedomes Book Decl. p. 264 281 494 496 497 654 694 696 705 716. And therefore when the King chargeth it upon them as a crime that they have received Petitions against things that are established by Law they acknowledge it to be very true And further say that all that know what belongeth the course and practice of Parliament will say that we ought so to do and that both our Predecessours and his Majesties Ancestors have constantly done it there being no other place wherein lawes that by experience may be found grievous and burthensome can be altered or repealed and there being no other due and legall way wherein they which are agrieved by them can seek redresse Book Decl. pag. 720. Yea and when his Majesty hits them in the teeth with the great numbers of people that used to come up to Westminster the beginning of this Parliament calling them tumultuous numbers They tell him that they do not conceive that numbers do make an Assembly unlawfull but when either the end or manner of their carriage shall be unlawfull Divers just occasions say they might draw the Citizens to Westminster where many publike and private Petitions and other causes were depending in Parliament and why that should be found more faulty in the Citizens then the resort of great numbers every day to the ordinary Courts of Justice we know not Book Decl. p. 201. 202. And therfore pag. 209. they affirme that such a concourse of people carrying themselves quietly and peaceably as they did ought not in his Majesties apprehension nor cannot in the interpretation of the Law be held tumultary and seditious And therefore up and be doing againe as then you did and also petition for the exemplary punishment of those amongst themselves that have robbed you of your Lawes Liberties Franchises and Trades for besides all that is before named a greater is behinde namely the disfranchising of all you Clokemen of London in giving any vote in chusing your Burgesses for Parliament although I am confident you are above three hundred for one Livery-man and although your Persons and Estates I dare say it have been voluntarily ten times more ready and serviceable in these late distractions to preserve the Parliament and the Kingdome and the lawes and liberties thereof then the Gowne or Livery-men although you be rob'd by them of yours Truly for my part I speake from my soule and conscience without feare I know no reason unlesse it can be proved that you are all slaves vassals why you should be concluded by the determinations orders and decrees of those that you have no vote in chusing for it is a true and just maxim in
Londons Liberty In Chains discovered AND Published by Lieutenant Golonell JOHN LILBURN prisoner in the Tower of London Octob. 1646. JER 22.15.16.17 Shalt thou reign because thou closest thy selfe in Cedar Did not thy Father eat and drinke and doe judgement and justice and then it was well with him He judged the cause of the poore and needy then it was well with him was not this to know me saith the Lord But thine eyes and thine heart are not but for thy covetousnesse and for to shed innocent blood and for oppression and violence to doe it Therefore thus saith the Lord concerning Iehoiakim the sonne of Iosiah King of Iudah They shall not lament for him saying Ah my brother or ah my sister they shall not lament for him Ah Lord or ah his glory IT is to be obsebserved That the illegall election of great Ministers and Officers for the administration and execution of Justice and where the people have been and are deprived of this their just right and liberty there have ever all actâ—ons and practises of injustice and oppressions abounded Freedome and Liberty being the onely Jewels in esteem with the Commonalty as a thing most pretious unto them and meriting that men should expose themselves to all danger for the preservation and defence thereof against all tyranny and oppression of what nature and condition soever For prevention therefore of these mischiefes and miseries which through evill government of magistrates by their injustice and other oppressive practices doe usually fall upon Kingdomes and Cities And for that all lawfull powers reside in the people for whose good welfare and happinesse all government and just policies were ordained And forasmuch as that government which is violent and forced not respecting the good of the common people but onely the will of the commander may be properly called Tyranny the people having in all well ordered and constituted Comon-wealths reserved to themselves the right and free election of the greatest Ministers and Officers of State Now although the tyranny whereby a City or State oppresseth her people may for the present seem to be more moderate then that of one man yet in many things it is more intollerable And it will clearly appeare that the miseries wherewith a Tyrant loadeth his people cannot bee so heavy as the burthens imposed by a cruell City Therefore all free Cities lest their government should become a tyranny and their Governours through ambition and misgovernment take liberty to oppresse and inslave the people to their lusts and wils have in their first Constitutions provided that all their Officers and Magistrates should be elective By Votes and Approbation of the free people of each City and no longer to continue then a yeare as the Annuall Consuls in Rome By which moderation of Government the people have still preserved their ancient Liberty enjoyed peace honour and accord and have thereby avoyded those calamities incident to people subjected to the Lawes and Arbitrary Dominion of their insulting Lords and Magistrates or Masters of all which this Honorable Citie and Metropolis of this Kingdome upon the first erecting of this Island into a Monarchy or Kingdome by that valiant wise and victorious Prince Alfrede who first freed the Land from under the Danish yoke and slavery under which it had a long time groaned did with the approbation of their King and States then assembled in Parliament for their well-being and more peaceable good government agree and by a perpetuall law ordaine That all their Governours and Magistrates should be Annuall and Elective by the free votes of the free men of the Citie Then and Yet called by the Names of Barons and Burgesses of London as appeares by their generall Charters of Confirmation of their Liberties by severall Princes before and since the Conquest although in processe of times their Titles and Names of their Offices bee changed yet the power and right of election still remains and ought to continue in the body of Commonalty and not in any particular or select persons of any Company or Brotherhood whatsoever And for illustration and more cleare manifestation hereof I need none other Evidence or Proofe then the Charter of King John granted to the Citizens before the Incorporation of any Company The first Company that was incorporate about the yeare of our Lord 1327. being more then an hundred yeares after the date and grant of the aforesaid Charter which hath been since by sundry Kings and Parliaments confirmed Their Charter I have here set down at large which compared with the Protestation will make good your right and Justifie your claime to vote In electing the Major of this Citie The Charter IOhannes Dei gratia Rex Angliae Dom. Hiberniae Dux Norman Aquitania Comes Anjou Archiepisc Episcop Abbatis Com. Baron Justic Vic. Prapositis omnibus Ballivis fidelib suic Salutem Sciatis nos concessisse praesenti Charta nostra confirmassa Baronibus nostris de London quod eligant sibi Majorem de seipsis singulis annis qui nobis sit fidelis discreâ—us idoneus ad regimen Civitatis ita quod cum electus fuerit nobis vel Justic nostro si praesentes non fuerimus praesentetur nobis Juret fidelitatem quod liceat eis ipsum in fine Anni amovere alium substituere si voluerunt vel eundem retinere Ita tamen quod nobis ostendatur idem vel Justic nostr si praesentes non fuerimus Concessimus etiam eisdem Baronibus nostris hac Charta nostra confirmavimus quod habeant bene in pace quiete integre omnes libertates suas quibus hactenus usi sunt tam in Civitate quam extra tam in terris quam aquis omnibus aliis locis Salva nobis Chamblengeria nostra Quare volumus firmiter praecipimus quod praedicti Barones nostri Civitatis nostrae London eligant sibi Majorem singulis Annis de seipsis praedicto modo quod omnes praedictas Libertates c. bene in pace habeant sicut praedict c. Testibus c. Anno regni decimo sexto JOHN by the grace of God King of England Lord of Ireland Duke of Normandy Aquitain and Earl of Anjeou To his Arch-Bishops Bishops Abbots Earls Barons Justices Sheriffes Stewards and all his Bayliffes and faithfull Subjects greeting Know ye rhat We have granted and by this present Charter have confirmed to our Barons of London That they may chuse to themselves every year a Maâ—oâ— of themselves who is faithfull to Us being discreet and fit for government of the City So that when he shall be chosen he be presented to Vs or to Our Justice if We be not present and swear to Us fidelity and that it may be lawfull for them at the end of the Year to remove him and and appoint another or retain him if they please yet so as the same be shewed to Us or to Our Justice if Wee bee not present Moreover We have granted
customes and practices of the Grandees of London and therefore by prescription of time are become lawes thereto I answer Course of time amends not that which was nought from the beginning And that which was not grounded upon good right and found reason is not made good by continuance of time And therefore to give a definition of the Lawes of England as it may be proved out of the workes of the best and most conscientious Lawyers thereof It consists of the ancient constitutions and modern acts of Parliament made by the States of the Kingdome but of these onely such as are agreeable to the word of God and law of Nature and sound Reason Or the Fundamentall Law of the Land is the PERFECTION of Reason consisting of Lawfull and Reasonable Customes received and approved of by the people and of the old Constitutions and modern Acts of Parliament made by the Estates of the Kingdome But such only as are agreeable to the law Eternall and Naturall and not contrary to the word of God For whatsoever lawes usages and customes not thus qualified are not the law of the land nor are to be observed and obeyed by the people being contrary to their Birth-rights and Freedomes which by the Law of God and the great Charter of Priviledges they ought not to be And therefore Sir Richard Empson and Edm. Dudley Justices of Peace were both hanged in Henry the eighths dayes for putting in execution severall illegall practices grounded upon an unjust law made in the 11. H. 7. chap. 3.1 which as honorable Sir Edw. Cook saith was made against and in the face of the Fundamentall Law of the great Charter 2. part Instit fol. 51. And just it was they should be thus dealt with because it is honorable beneficial and profitable for the Common-wealth that guilty persons should be punished lest by the omission of the punishment of one many men by that ill example may be encouraged to commit more heinous offences And excellent to this purpose is that saying of the Parliament which I desire they may never forget Book Declar pag. 39. which is That they are very sensible that it equally imports them as well to see justice done against them that are criminous as to defend the just rights and liberties of the Subjects and Parliament of England And therefore pag 656. they call the execution of the law the very life and soule of the law as indeed it is without which it is but in truth a dead letter and a sencelesse block But woe unto you prerogative Patentee-Citizens if the Law shall be executed upon you I professe I will not give three pence for an hundred of your estates for all the greatnesse rhereof what-ever become of some of your liberties or lives which many of you have hitherto preserved by bribes and other indirect courses Witnesse some of you in a joâ—nt fraternity like brethren in evill giving above threescore thousand pounds at once for a bribe in the dayes of the Councell-Table to preserve you from Law and Justice and to destroy the Law and to buy and rob your fellow-Citizens as free as your seâ—ves of their liberties franchises trades and livelihoods Read the Discourse for Free Trade Onlye worse then high-way men pick-pockets housebreakers who now would fain transform your selves into Angels of light like your old wicked Father become godly Presbyters that now-sprung-up Sect and Heresie in England whose Lordlinesse and pride was long since as Heathenish and Genâ—ilisme condemned by Christ and his Apostles and zealous Covenanters which you make your stalking horse to disfranchize all honest and tender conscience men that cannot take that impossible to be kept and double-faced Covenant the greatest make-bate and snare that ever the Divell and the Clergy his Agents cast in amongst honest men in England in our age which I dare pawn my head and life so to prove it to be in a fair publike discourse against the greatest maintainer thereof in England But alas If it were ten times worse your wesons are wide enough to swallow it down and your consciences large enough to disgest it without the least danger of vomiting But I hope the true faithfull and just God of Heaven and Earth will raise up heroical Instruments to unvaile and unmask you and bring about wayes means enough for all your jugling and machivel-like endeavours to divide the peoples affections each from other about those unhappy names of Independents and Presbyters to bring you to condigne and just deserved punishments before you have fully sadled and bridled them and made them fit to be rid by you as slaves And therefore for the further discovery of you I judge it not amisse here to insert that excellent Petition of Mr. William Sykes and Thomas Johnson delivered in writing first to the house of Commons and then in print to the Members thereof which thus followeth To the Honourable the Knights Citizens and Burgesses of the Commons House in Parliament Assembled The humble Petition of William Syeks and Thomas Iohnson Marchants on the behalfe of themselves and all the freemen of England Sheweth THat whereas divers Marchants in the 21. year of the Raign of Queene Elizabeth under the great Seal of England obtained a large and illegall Charter of incorporation for them and their Company to use the traffique and seat of Marchandize out and from any of Her then Majesties Dominions through the Sound into divers Realmes Kingdoms Dominions Dukedoms Countries Cities and Townes viz. Norway Swethiâ— Poland c. Whereby none but themselves and such as they shall think fit and for such fines and compositions as they shall impose shall take any benefit by the said Charter disfranchising thereby all other the free-borne people of England who during the time of all these warres have been in divers respects greatly charged for the defence of this present Parliament the lawes and liberties of their native Country and therefore ought indifferently to enjoy the benefit of the good lawes franchises and immunities by Magna Charta established which great Charter hath been ratified by 31. sessions of Parliament as also this present Parliament being bound by protestations oaths and covenants to maintaine the same by reason whereof and other illegall monopolies they are debarred from that free inlargement of common traffique which the Kingdoms of Scotland and Ireland do enjoy the same being destructory to their laudable liberties and priviledges the fundamentall lawes of the Land to the manifest impoverishing of all owners of ships masters mariners clothiers tuckers spinsters and multitudes of poore people besides the decrease of customs the ruine and decay of navigation together with the abating the price of our wools cloth stuffe and such like commodities arising and growing within this Ralm and the inhauncing of all commodities imported from those forraign parts by reason of the insufficiency of the merchants they being few in number and not of ability to keepe the great store
printed by your owne speciall authority saith is meant equals fol. 28. In which saith he fol. 29. are comprised Knights Esquires Gentlemen Citizens Yeomen and Burgesses of severall degrees but no Lords And in p. 46. he saith No man shall be disseised that is put out of seison or dispossessed of his freehold that is saith he lands or livelihood or of his liberties or free customes that is of such franchises and freedoms and free customes as belong to him by his free Birth-right unlesse it be by the lawful judgment that is verdict of his Equals that is saith he of men of his own cōdition or by the law of the land that is to speak it once for all By the due course and processe of law And saith he No man shall be in any sort destroyed unlesse it be by the verdict and judgment of his Peeres that is Equals or by the law of the land And the Lords themselves in old time did truly confesse That for them to give judgement of a Commoner in a criminall case is contrary to law as is clear by the Parliaments record in the case of Sir Simon d' Bereford 4. Ed. 3. Rot. 2. the copy of which is now in the hands of Mr. H. Martin they there record it That his case who was condemned by them for murthering King Edw. ◠shall not bee drawne in future time into president because it was contrary to law they being not his Peeres that is his Equals And forasmuch as the manner of their proceedings was contrary to all the former wayes of the law publickly established by Parliament in this kingdom as appeares by severall Statutes o o 5. Ed. 3. ◠25. Ed. 3 4. 28. E. 3. 3. 37. Ed. 3. 8. 38. Ed. 3. 9. 42 Ed. 3. 3. 17. Ri. 2. 6. Rot. parli 43. E 3. Sir Io Alees case Num. 21 22 23 c. lib. 10. fol. 74. in case delar marshalses see Cook 2 part Instit fol. 46. which expresly say That none shall be imprisoned nor put out of his free-hold nor of his franchises nor free customes unlesse it be by the law of the land And that none shall bee taken by Petition or suggestion made to the King or to his Councell unlesse it bee by indictment or presentment of good and lawfull people of the same neighbourhood where such deeds be done in due manner or by processe made or by Writ originall at the common-law Which Statutes are nominally and expresly confirmed by the Petition of Right by the Act made this present Parliament for the abolishing the Star-chamber and thereby all acts repealed that formerly were made in derogation of them But contrary hereunto the Lords like those wicked Justices spoken of by Sir Ed. Cook p p 2. Part. Instit 51. in stead of trying her husband by the law of the land proceed against him by a partiall tryall flowing from their arbitrary will pleasure and discretion c. * * Rot. part 2. 1. H. 4. mem 2. num 1.27 Instit f. 51. Book declar 58. 39. 278. 845. For though they summoned him up to their Barre June 10. 1646. to answer a Charge yet they refused to shew it him or give him a Copy of it but committed him to Newgate June 11. 1646. although he behaved himselfe then with respect towards them both in word and gesture meerly for refusing to answer to their Spanish Inquisition-like Interrogatories and for delivering his legall Protestation Their Mittimus being as illegall as their summoning of him and their own proceedings with him Their commitment running To be kept there not till hee be delivered by due course of Law but During their pleasure which Sir Edward Cook saith is illegall q q 2. part instit fol. 52 53. and then locked up close that so hee might bee in an impossibility to understand how they intended to proceed against him Wherefore your Petitioner humbly prayeth to grant unto her husband the benefit of the law and to admit him to your Bar himself to plead his own cause if you be not satisfied in the maner of his proceedings or else according to law justice and that duty obligation that lieth upon you forthwith to release him from his unjust imprisonment and to restain prohibit the illegal arbitrary proceedings of the Lords according to that sufficient power enstated upō you for the enabling you faithfully to discharge the trust reposed in you to vacuate this his illegal sentence and fine and to give him just and honorable reparations from the Lords all those that have unjustly executed their unjust Commands It being a Rule in law and a Maxime made use of by your selves in your Declaration 2. Novemb 1642. r r col declar 723. That the Kings illegall commands though accompanied with his presence doe not excuse those that obey them much lesse the Lords with which the law accordeth and so was resolved by the Judges 16. Hen. 6. s s See Cook 2. part Instit fol. 187. And that you will legally and judicially exexamine the crimes of the Earle of Manchester and Col King which the Petitioners husband and others have so often complained to you of and doe exemplary justice upon them according to their deserts or else according to law and justice punish those if any that have falsly complained of them t t 3. E. 33. 2. R. 2.5 37. E. 3. 18. 38. E 39. 12. R. 2. 11. 17. R. 2. 6. 122. p. M. 3. 1 El. 6. And that you would without further delay give us reliefe by doing us justice v v 9 H. 3. 29 2. E. 3. 8. 5. E 3. 9. 14. E. 3 14. 11. E. 2. 10. All which she the rather earnestly desiteth because his imprisonment in the Tower is extraordinary chargeable and insupportable although by right and the custom of that place his fees chamber and diet ought to be allowed him and paid out of the Treasure of the Crown he having wasted spent himself with almost six years attendance and expectation upon your Honours for justice and raparations against his barbarous Sentence c. of the Star-chamber to his extraordinary charge and dammage and yet never received a peny and also lost divers hundred pounds the yeare he was a prisoner in Oxford Castle for you Neither can he receive his Arreares for the price of his blood his faithfull service with the Earle of Manchester although he spent with him much of his own money And the last year by the unadvised means of some Members of this Honorable House was committed prisoner for above 3. moneths to his extraordinary charges and expences And yet in conclusion he was releast and to this day knoweth not wherefore he was imprisoned For which according to law and justice he ought to receive reparations but yet he never had a peny All which particulars considered doe render the condition of your Petitioner her husband and children to be very nigh
to Our said Barons and by this Our Charter have confirmed that they may wel and in peace quietly and fully have and enjoy all the Liberties which hitherto they have used as well in the City as without in the Land as in the Waters and in all other places saving to Us Our Chamberiege Wherefore We will and firmly command that Our said Barons of Our City of London may yearly elect a Major of themselves after the aforesaid manner and have and enjoy well and in peace wholly and fully all their said Liberties with all things appertaining to the same aforesaid Witnesse c. in the 16. Year of Our Raign Wherein is fit to be observed 1. That all the Free-men of London be all and every of them Barons being so intituled and ordained by the Kings Grant or Charter 2. That every of them hath his free Vote in the election of their Major 3. That they have liberty to chuse any Baron or Burgesse from amongst themselves without restriction or reference to any particular person or persons or to any other Fraternities of Aldermen Cōmon-Councell men or any other particular Gown or Livery-men only so as he be faithfull discreet and such as they judge fit to govern 4. That no Major may continue in office above one year without a new Election 5. That Aldermen were likewise eligible by the Commonalty and but to continue for the yeare Patent 22. Edw. 2. No 2. Cook 2. Part Institutions fol. 253. 6. Sheriffes are only eligible by the Barons or Burgesses of the City as appeareth by by the Charter of Henry the 3. made in the 11. Year of his Raign confirmed after by Henry the 5. Charta de 2. Hen. 5. Part. 2. No. 11. But of late yeares the Aldermen and Common-Councell of this City by their power and policy have invaded your rights and just priviledges and contrary to the fundamental Law of the Land the antient customs of the City most injuriously have betrayed the trust reposed in them spoiled you of your Liberties taken upon them of themselves with some selected Companies without the free vote the rest of the Barons or free Burgesses the Commonalty of this City the sole Power Government of the City changing and altering your Lawes and Customes at their pleasure and chusing of Majors and Sheriffes such and whom they pleased hindering and prohibiting all others who ever had the like equall right and interest with them to have their Votes in the choise and election of the Major and Sheriffes Whence have ensued many calamities and miseries even to the indangering of the utter overthrow and desolation of this most famous and honourable City of Europe being wholly disfranchised of those liberties and immunities which even the meanest Burrough or Corporation in England now enjoyeth Hence by their craft and policy have so many Monopolies and Pattents under pretext of publike good been brought in and set up to the ruining of thousands and great decay of Trade Traffique bringing in and countenancing of Arbitrary Lawes and unlimited Power and Government and whereby Tyrannie Injustice and Oppression have without controle been exercised and practised by these your late Governours and Rulers as well as by those your former Governours and Magistrates not by the Commonalty Were not the Land-Money Ship-money and many other illegall Taxes and Impositions with rigour and force exacted of you Citizens by these your illegall Governours Were not many of you free Barons of this City for refusing to pay those exactions and to part with your estates by such illegall tyrannous courses imprisoned by these your Governours thus illegally forced upon you without your own free Election Were not the cruell Edicts and bloudy tyrannous Decree of the Star-Chamber High Commission and Councell-Table withall readinesse in a compulsive Torrent executed Nay to reckon up in particular the severall cruelties exactions oppressions insolencies violencies and the illegall practises and proceedings of these your Magistrates and their subordinate Ministers would require a particular Tractate which I rather desire might be buried in Oblivion by a timely restauration of you to your antient and just freedomes in electing your own Officers But if still you be denied Justice and may not enjoy your due and accustomed priviledges I shall be occasioned to remonstrate at large and in particular set forth your severall heavy burthens harsh dealings great grievances and severall incroachments upon your Franchises how and by whom your Rights and Liberties have been invaded and how you are inslaved that were and are or at least of Right ought to be free Burgesses and Barons but now captivated to the Lawes covetous Lusts and the Arbitrarie unlimitted power and dominion of your illegally imperious lording Magistrates Therefore for the present I will insist only upon the manner of the election of your now new Lord Major The Narrative whereof will fully discover how much the Barons of this City suffer and that by their long forbearance or rather neglect to own and claime their just priviledges and immunities if they stoutly stand not up and resolve to be no longer robbed and spoyled of their Birth-right and Inheritance They are and wil be then in danger to be reduced into a condition worse then ever any of your Progenitors were under the Bastard Norman Bondage For indeed you Citizens are but free-men in name as in truth this your giving up your selves to the power and government of men without your free and publike choice and approbation demonstrates and therefore truly you can be accompted none other then meer slaves to your thus elected Governour◠as the rest of the whole Nation is become unto Lawyers Attornies Clerks Solicitors and cruell Jaylors and such instruments of contentions by whom the peace and flourishing State of this Kingdome is quite devoured and the people wholly inslaved to their wills for truth hereof I appeal to all the Inhabitants of every countie throughout this Kingdome whose estates purses and persons have for these many score of years groaned under the inhumane burden thereof all which is farther demonstrated unto us all the Inhabitants of this Land by the still continued frequent unjust and illegall Commitments of your fellow-Citizens and all the free Commoners of England to the severall murthering-houses stiled Prisons in this Kingdome aboundnig in cruelty murther and oppression being most wickedly and powerfully countenanced and supported by their Potent Adherents I have shewed you how by right the meanest Baron of this City of London by their Charter hath as good right to have his vote in the Election of the new Major and other the subordinate Officers as the Lord Major or any Aldermen for the time being with their Golden Chaines Notwithstanding this undoubted Right be acknowledged yet is it denied to the people upon bare surmises and vain pretences of danger by tumults and disorder if the same should be yeelded unto which in truth is but a poor allegation and frivolous excuse The vanity
insist upon for the making good of the severall Imputations in and by his the said John Whites book laid and fixed upon the said Lieut. Col. Lilburn He the said Iohn White absolutely refused to take any further time in that behalf expresly saying hee would travell no more in it We the said Arbitrators upon due consideration of the whole premises aforesaid aâ—e câ—eer of opinion That the said Iohn White as the caâ—e hath been is represented appearing before us had no sufficient ground to write print or publish That the said Lieut. Col. Lilburn was the Writer or Author of the said Bookes Treatise and Letter or any of them But that the said Iohn White in and by his writing pâ—inting and publishing of his said Book entituled Iohn Whites Defence c. in manner and form as aforesaid hath unjustly scandalized the said L. Col. â—ohn â—ilburn And thefore we the said Arbitratâ—â—s do most unanimously â—ward That the said Iohn White shall before the 10. day of this instant moneth of October make a publike acknowledgment before Col. Francis West Lieutenant of the said Tower of London at his the said Lieutenants house in the said Tower That he the said Iohn White hath done the said Lieut. Col. Iohn Lilburn wrong and shal make and pronounce the said acknowledgment in these words following That is to say I Iohn White one of the Warders of the Tower of London Do acknowledge that I have unjustly wronged Lieutenant Col. I. Lilburn in and by my writing and publishing in print in such sort as I did That he was the Writer Author or Contriver of a Book called Liberty vindicated against Slavery And of a Printed Letter thereunto annexed And of a Booke called An Alarum to the House of Lords For all which and for all the unjust and scandalous matters and language alleadged and used by me in my said Booke reflecting upon the said Lieutenant Col. Lilburn I am heartily sorry We the said Arbitrators doe also award That after the said Iohn VVhite hath so made and pronounced the said acknowledgment before the said Mr. Lieutenant Hee the said Iohn White shall then deliver his said acknowledgment in writing subscribed by him the said Iohn VVhite into the custody of the said Lieutenant Colonell Iohn Lilburn to be by him kept and disposed of for his better vindication against the said scandals said upon him by the said Iohn White in his the said Iohn VVhites said Book Lastly we the said Arbitrators do award That this our award shall be a finall end of all differences and matters of controversie whatsoever betwixt the said Lieut. Col. I. Lilburn and the said Iohn White to us or to our award in any wise submitted by the said parties from the beginning of the world unto the day of their said submission to our award so farre as the same doth or may concern the said parties or either of them in their particulars and that the said parties from henceforth shall continue lovers and friends without any repetition of former injuries on either part And for the better clearing of the said Iohn White in his credit touching some rumours of couzenage and perjury by him supposed to be committed or touching his being forsworn lately scattered abroad to his discredit We the said Arbitrators do unanimously declare that we have not found any colour much lesse any just ground to fix upon the said Iohn VVhite any suspition of or for the same or any part thereof But doe thereof in our opinions absolutely cleer him Given under our hands and seales the 7. day of Octob. aforesaid 1646. John Strangwaies Lewis Dives John Glanvill William Morton But the Lieutenant not being willing for causes best knowne to himself that the submission or recantation should be made before or in his presence it was done at Lir John Glanvils chamber the Copy of which thus followeth I John White one of the Warders of the Tower of London Doe acknowledge that I have unjustly wronged Lieut. Col. Iohn Lilburn in and by my writing and publishing in print in such sort as I did that he was the Writer Author or Contriver of a Booke called Liberty vindicated against Slavery and of a Printed Letter thereunto annexed and of a Book or Treatise called An Alarum to the House of Lords For all which and for the unjust and scandalous matters and language alleadged and used by me in my said Book reflecting upon the said Lieut. Col. Lilburn I am heartily sorry and in testimony thereof I have hereunto subscribed my hand the 8. day of October 1646. JOHN WHITE Subscribed pronounced and accepted the 9. day of Octob. 1646 in the presence of us Knights John Strangwaies Lewis Dive Iohn Glanvill William Morton Henry Vaughan Christopher Comport Warder in the Tower And now to conclude at the present because there is not any discourse of mine own abroad in Prinâ— since I was first locked up so close as I was by the Lords in Newgate by way of Narrative to state my case to the world I shall it may bee informe and silence many mens rash censures by inserting first my Wifes late Petition to the House of Commons and because by a Gentleman of the Committee to whom my cause was referred it was judged a Dâ—claration rather then a Petition and so unfit to be insisted upon any further after once reading there although I am not apt to think if I had been a man accustomed to write Letters to my Lord Cottington when he was at Oxford at that time when by Ordinance of Parliament it was little lesse then death so to doe her Petition and my cause would have found more favour from that Gentleman then they did whose cavels necessitated me to send a Petition of my own to the same Committee which I shaâ—l also insert But first of all my wifes Petition thus followeth To the Chosen and betrusted Knights Citizens and Burgesses assembled in the high and supream Court of PARLIAMENT The Humble Petition of ELIZABETH LILBURNE wife to Lieu. Col. JOHN LILBURNE who hath been for above eleven weeks by-past most unjustly divorced from him by the House of Lords and their tyrannicall Officers against the Law of GOD and as she conceives the law of the Land Sheweth THat you only and alone are chosen by the Commons of England to maintain their Lawes and Liberties and to do them justice and right a a Coll. of decl pag. 264. 336. 382 508 613. 705. 711. 716 721 724 725 726 729. 730. which you have often before God and the World sworn to do b b Coll. decl page â—6â— 6â—â— protestation â— and covenaâ—â— yea and in divers of your Declarations declared it is your duty in regard of the trust reposed in you so to doe c c Coll. decl pag. 81â— 17â— 262 266 267 340 459. 462 471 473 5â—â— 690. without any private aimes personall respects or passions whatsoever d d Col. declar p. 464 490
750. And that you think nothing too good to be hazarded in the discharge of your consciences for the obtaining of these ends e e Coll. declar p. 214. 67. And that you will give up your selves to the uttermost of your power and judgement to maintain truth and conform your selves to the will of God f f Col. decla p. 666. which is to doe justice and g g Ier. 22. â—5 16 17. right and secure the Persons Estates and Liberties of all that joyned with you h h Col. declar 666. 673. imprecating the judgements of heaven to fall upon you when you decline from these ends * * Col. Declar. 4 you judging it the greatest scandall that can be laid upon you that you either doe or intend to subvert the Lawes Liberties and Freedoms of the people i i Col. decla p 264 281 494. 497. 654 694 696. Which Freedoms c. you your selves call The coÌ„mon Birth-right of English-men k k col declar p. 738 14845. who are born equally free and to whom the law of the land is an equall inheritance And therefore your confesse in your Declaration of 23. Octob. 1642. l l Pag. 660. It is your duty to use your best endevours that the meanest of the Commonalty may enjoy their own birth-right freedome and liberty of the lawes of the land being equally as you say intiteld thereunto with the greatest subject The knowledge of which as coming from your own mouthes and Pen imboldned your Petitioner with confidence to make her humble addresse to you and to put you in mind that her husband above 2 moneths agoe made his formall and legall appeal to you against the injustice and usurpation of the Lords acted upon him which you received read committed and promised him justice in But as yet no report is made of his busines nor any relief or actuall justice holden out unto him although you have since found time to passe the Compositions and pardons for the infranchising of those that your selves have declared Traytors and Enemies to the kingdome which is no small cause of sorrow to your Petitioner and many others that her hâ—sband who hath adventured his life and all that hee had in the World in your lowest condition for you should bee so slighted and disregarded by you as though you had forgot the duty you owe to the kingdome and your many Oathes Vowes and Declarations ** ** Decl. 460. 498. 666. 673 which neglect hath hastned the almost utter ruine of of your Petitioner her husband and small children For the Lords in a most tyrannicall and barbarous manner being encouraged by your neglect have since committed her husband for about three weeks close prisoner to Newgate locked him up in a little room without the use of pen ink or paper for no other cause but for refusing to kneel at the Bar of those that by Law are none of his Judges m m Magna â—harta 29 Sir â— Cook 2. 〈◊〉 Instit fol. 28 â—9 Rot. 2. Ed. 3. The cruell Jaylors all that time refusing to let your Petitioner or any of his friends to set their feet over the threshold of his chamber doore or to come into the prison-yard to speak with him or to deliver unto his hands either meat drink money or any other necessaries A most barbarous illegall cruelty so much complained of by your selves in your Petition and Remonstrance to the King 1. Decemb. 1641. n n col declar 6 7 8. and digested and abhorred there by you as actions and cruelties being more the proper issues of Turks Pagans Tyrants and men without any knowledge of God then of these that have the least spark of Christianity Honour or justice in their breasts And then while they thus tyrannized over your Petitioners husband they command as your Petitioner is Informed Mr. Sergeant Finch Mr. Hearne Mr. Haile and Mr. Glover to draw up a charge against your Petitioners husband without giving him the least notice in the world of it to fit himself against the day of his tryall but contrary to all law justice and Conscience dealt worse with him then ever the Star-Chamber did not only in keeping his Lawyers from him but even all manner of Councellors and Friends whatsoever even at that time when they were about to try him and then of a sudden send a Warrant for him to come to their Bar who had no legall authority over him to heare his charge read where he found the Earle of Manchester his professed enemy and the onely party of a Lord concerned in the businesse to bee his chiefe Judge contrary to that just Maxime of law That no man ought to be both party and judge a practice which the unjust Star-chamber it selfe in the dayes of its tyranny did blush at and refuse to practice as was often seen in the Lord Coventries case c. And without any regard to the Earle of Man hesters imment in your House of treachery to his Countrey by Lieu. Gen. Cromwel which is commoely reported to bee punctually and fully proved and a charge of a higher nature then the Earle of Straffords for which he lost his head And which also renders him so long as he stands so impeached uncapable in any sense of being a Iudge And a great wrong and injustice it is unto the kingdome to permit him and to himselfe if innocent not to have had a legall triall ere this to his justification or condemnation And besides all this because your Petitioners husband stood to his apeale to your Honours and would not betray Englands liberties which you have all of you sworn to preserve maintain and defend they most arbitraâ—ily illegally and tyrannically sentenced your Petitioners said husband to pay 4000.l to the King not to the State for ever to be uncapable to beare any Office in Church or Common-wealth either Martiall or Civill and to lie seven yeares a prisoner in the extraordinary chargeable prison of the Tower where he is in many particulars illegally dealt withall as he was when he was in Newgate Now forasmuch as the Lords as they claime themselves to bee a House of Peeres have no legall judgement about Commoners that your Petitioner can heare of but what is expressed in the Statute of the 14 Ed. 3. 5. which are delayes of justice or error in judgement in inferior Courts onely and that with such limitations and qualifications as are there expressed which are that there shall be one Bishop at least in the judgment and an expresse Comission from the King for their medling with it All which was waÌ„ting in the case of your Petitioners husband being begun and ended by themselves alone And also seeing that by the 29 of Magna Charta your Petitioners husbaÌ„d or any other Commoner whatsoever in criminall cases are not to be tried otherwise then by their Peeres which Sir Ed. Cook in his exposition of Magna Charta which book is
ruine and destruction unlesse your speedy and long-expected justice prevent the same Which your Petitioner doth earnestly intreat at your hands as her right and that which in equity honour and conscience cannot be denied her w w col declar 127 174 244 253 282 284 285 312 313 321 322 467 490 514 516 520 521 532 533 534 535 537 539 541 543 555 560. And as in duty bound she shall ever pray that your hearts may be kept upright and thereby enabled timely and faithfully to discharge the duty you owe to the kingdome according to the Great Trust reposed in you And so free your selves from giving cause to bee judged men that seeke your selves more then the publick good To the Honourable the chosen betrusted and representative Body of all the Free-men of England in PARLIAMENT assembled The humble Petition of Lieut. Col. John Lilburn a legall Free-man of England though now unjustly imprisoned by the Lords in the extraordinary chargeable Prison of the Tower of London SHEWETH THAT WHereas the Petitioner is a legall and free-born English-man and ought by the fundamentall lawes of this Land to enjoy the benefit of all the lawes liberties priviledges and immunities of a free-born man and a Commoner of England and whereas by the Lawes and Statutes of this Realm no free-man may be taken imprisoned but by lawfull judgment of his equals who are men of his own condition and the Law of the Land and by the Law of the same no man ought to be imprisoned before he be taken upon indictment or presentment by good men of the same neighbour-hood or by due processe of Law And whereas every man that is taken or imprisoned by the common Lawes of the Land ought to be bayled But he that is taken and convicted for Murder or Felony or for some other offence for which a man ought to lose life or member And by the Statutes of this Realm every man is baylable unlesse he be taken for Treason Murder Felony or some particular case excepted wherof the Petitioner is no wayes guilty But your Petitioner sheweth that he being taken and imprisoned above 4 Moneths by colour of unjust orders and an illegall sentence of the Lords pronounced against him in their house although they have no legall jurisdiction over him for supposed contempts and scandals committed against them which was nothing else then a defence of his own liberty and of all the free-men of England in a plea and defence put into the said house which contained an Appeal to your Honours against their unjust proceedings for which supposed contempts he is by their unjust sentence committed to the Tower there to remain for the space of 7. years and disabled to bear any office either Military or Civill and to pay 4000.l Fine All which proceedings of their Lordships the Petitioner doth protest against as unjust illegall and destructive to the liberties immunities and priviledges of all the Commons of England which he doubts not to free himself and all other free-born English-men of by the Justice of this honourable House to whom he hath formerly and now also doth Appeale and by the assistance of the Lawes of this Land Therefore your Petitioner doth most humbly pray that he may be inlarged at least upon bayle being by Law liable to follow and prosecute his cause depending before you and redemption from the said illegall sentence and to obtain just and legall reparations from the inflictors and executors thereof And he shall pray c. JOHN LILBURN COurteous Reader by reason I am prohibited to have Pen Ink and Paper I am forced now to write a peece and then a peece and scarce have time and opportunity seriously to peruse and correct what I write and in regard I cannot be at the Presse either to correct or revise my own lines which besides is attended with many difficulties and hazards I must intreat thee as thou readest to amend with thy Pen what in sence or quotations may be wanting or false I shal rest thy true and faithfuâ—l Country-man ready to spend my bloud for the fundamentall Lawes and Liberties of England against any power what-ever that would destroy them JOHN LILBVRN From my prerogative and illegall imprisonment in the Tower of London this present Octob. 1646. FINIS