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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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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
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
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
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
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 handing out unto him legall and ample reparations for all his unjust sufferings or else send him to Tyburns 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 mischiefe 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. Isai●h 1.23 24. Thy Princes are rebellious and Compa●o●● of Th●●v●● every one loveth gifts ●●d followeth after rewards they Judge not the fatherlesse neither doth the cause of the widow ●●m● unto them Therefore saith the Lord the Lord of h●st the mighty one of Israel Abel will ●●●se ●●e of my adversaries and avenge me of ●ine enemies Acts 13 6 7 8. But when Paul perceived that the one part were Sodduces and the other Phe●●s●es be cryed out in the Councell Men and brethren I am a Pharisee the sonne of a Pharisee of ●●e hope and resurrection of the dead I am called in question And when be had so said there a●●●e a dissertion between the Pharisees and the Sadd●●es and the multitude was devided For ●●e Sadduces say that there is no resurrection neither Angel nor Spirit but the Pharisees confesse ●●th And there arose a great cry and the Scribes that were of the Pharisees part arose and ●●rove ●●ying We find no evill in this men but if a Spirit or an Angel hath spoken to him let us not ●b● against God Acts ●● 8 While he answered for himselfe Neither again●t the law of the Jewes neither 〈◊〉 ●●●st the Temple nor yet against Cesor have I offerded any thing at all Verse 16. To who 〈◊〉 ●●swered it is not the manner of the Roman● to deliver any man to d●e● before that he which is ac●●sed have the accuser face to face and have licence to answer for himselfe conc●●ning the crime ●●d aga●nst him Acts 22.25 And as they bound him with things Paul said unto the Centurion that stood by is 〈◊〉 lawfull for you to scourge a man that is a Roman and 〈◊〉 can denned and verse 28. But Paul said ●●t I was free borne TRue friend after my reall respect presented unto ●ou c. I desire in informe you● that I am told you are very much troubled at my proceedings with the Committee of the House of Commons upon Munday the 8. of Feb. 16●6 That after I had stood so stifly at the beginning with them upon the Lowes Rights and priviledges every free man of the Kingdome that I should undoe all and ●●●ny fi●me hold goe by answe●●●●g at last to their Interrogatories by which you say I updid all I had done and went against m●● owne declared principles and not only so but by owning my book have exposed my selfe to a gre●●● deale of hazard and danger which I might easily have avoyded if I had not answered their Interrogatory Vpon serious consideration hereof I judge my selfe bound in duty to my selfe to write these lines unto you for your satisfaction and my own vindication and therefore I shall begin to gi●● you so true and reall a Narrative of my whole proceedings with them as the utmost of my memory will inable me part of which you your selfe were an eye and eare witnesse unto and it was in this manner About 9. a clock upon the foresaid Munday Lewis a servant to the Sergeant at Armes came to my lodging in the Tower and shewed me a Warrant he had to take my wife into safe ●●stody for dispersing some of my last bookes and I told him it was very hard for any Committee of Parliament to send forth a warrant to make my wife a Prisoner before they had heard her sp●● for her selfe or so much as summoned her to appeare before them and I plainly told him it was was more then by law they could justifie but how ever I bore so much honourable respect unto the House of Commons and all its Committees that I would not perswade my wife to conte●●● their warrants but if he pleased to take my word for her appearance I would ingage my life for her that she should be punctually at the houre appointed to waite upon the Committee to know their pleasure which ingagement he was pleased to take but withall told me he had brought● warrant to the Lieutenant of the Tower to carrie me before the Committee at two a clock in the afternoon but I told him unlesse I see and read the warrant I should not goe but by force 〈◊〉 compulsion and ●●●refore if he pleased to goe with me to the Lieutenant and get him to let me read the warrant I should readily obey it which he did accordingly but time being very short I considered with my selfe what was most fit for me to doe for I assured my selfe I was to goe before those divers of which would bend all their insensed mallice and indignation against me and make use of all their power and wits to intrap and insnare me and therefore I listed up my soule to my old and faithfull Counceller the Lord Jehovah and in my ejaculations pressed my Lo●● and master with a great deale of grounded confidence and cleernesse of spirit to declare and manifest his faithfullnesse in being present with me to counsell direct incourage and stand by me according to his promise of old made unto me in the tenth of Matthew and to his praise and glory I desire to speake it he presently came into my soule with a mighty power and raised me high above my selfe and gave me that present resolution that was able to lead me with a great deale of assured confidence to grapple with an whole host of men But in my owne spirit I was led presently to take care to doe something for my wife as the weaker vessell that so she might not be to see● in case she were called before them and for that end I drew her presently up a few lines which I read unto her and gave her instructions that upon the very first question they should aske her she should give them her paper as her absolute answer to their question unto which she readily assented and set her name to it which verbarum thus followeth To the Honourable the Committee of the Honourable the House of Commons for suppressing of scandalous Pamphlets The humble addresses of Elizabeth Lilburne
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
of the King to save himselfe he was likely to loose and indeed it is commonly reported that in his place as one of the Committee of the Kings ●●venue he hath learned to lick his own fingers well and the first or grand step of honour he attaind to by the Parliament was to be made Lord Lieutenant of the County of Durham and the wars comming one betwixt the King and Parliament to indeare himselfe againe unto the King knowing that the chance of warre was doubtfull he sent his second son Sir George Vaine to wa●e upon and serve the King who in person was actually ●●●nd in the baitell of Edge-Hill with the rest of his fellow Courtiers but to make up his case the more with the King though himselfe stard with the Parliament where as a seeming friend to them he was able to doe the King truer service yea and did it then if he had been with him for instead of protecting preserving securing and defending the County of Durham of which he was Lieutenant according to the duty of his place and those many importunare desires expressed unto him by the well affected Gentlemen of the Country which were all in raine for in stead of preserving the Country he sent his Magazine of Armes from his Castle at Raby by his t●o principall servants Mr. Will em Conyers Steward of his land and Mr. Henry Dingly his Sol●citer at law as a present for the King to the Earle of New-Castle then in Armes at New Castle against the Parliament who might then have been easily suppre●● at his comming to New Castle if old Sir Henry Vaine had been true to his trust the Parliament reposed in him And that he sent them is visible enough for they carried them openly and avowedly in the day time through the Country boasting of their act both in their going and comming and at New-Castle from the hand of one of the Earles s●rvant or Officers received a note for the receipt of those armes that so when time should serve Sir Henry Vaine might have it to justifie his good service done for his Majestie in being the principall instrument of raising the Earle of New Castles Army and giving the King so great a footing in the North as there he had for his Armes being sent to the Kings Generall so openly publiquely and avowedly as they were though his person were with the Parliament yet it ●●de all people there to conclude that he was himselfe absolutely for the King against the Parliament which presently his influence in those parts being grent got the Earle of New Castle a mighty repute and credit and made those that were really for him to be impudent and bold in their attempts and made abundance of Newters then to declare all or most of whom might at the first have been made serviceable to the Parliament if they had been looke to betime● and the most of those few of cordiall well affected Gentlemen were immediately forced to ●ly and leave all they had behind them and the test that stayed were immediately taken prisoners and destroyed as well as the other in their estates for which Sir Henry Vaines land and estate ought i● justice and conscience to goe to the last penny of it to make them satisfaction being the 〈◊〉 instrumentall cause of all their losses woe and misery and of all the woe and misery of the whole North occasioned by the Earle of New-Castles forces and those that were necessi●●ted to be raised to destroy them which if they had never had a being there had never been no need of the Scots comming into this Kingdome to our deare bought ayde the evill consequences of whose comming I am afraid England this twise seaven yeares will not ●●●ke of without a great deale of blood shed and misery the yo●k of Presbyterian bondage alone besides then to-operations if not co sharing in the Civill government of England to the unspeakable prejudice to the freemen thereof which they brought with them over Twe●d i●to this Kingdome which is likely to prove 100. times worse then the tyranny and Lordlinesse of the Bishops One thing more about Sir Henry Vaine I desire you to take notice of and that is further to demonstrate that his servants carried the Armes not of their owne heads but by his command or at least good liking is this that he never complained to the Parliament of it nor never indeavouted to have them punished for it but rather protected and defended them so that those that complained of them as well as of himselfe by reason of his greatnesse could never be heard nor obtaine justice though it was with some zeale followed by my Father my V●kle Mr. George Lilburn with other Gentlemen of the same Country as you may partly read in Englands Birth R●ght pag. 19.20.21 All this while if the King lost the day and the Parliament prevailed here was himselfe and his son young Sir Henry to make good his interest here so that of which side soever the g●●t went the old crafty Fox was sure in his owne thoughts to stand upon his leggs and be no looser but perceiving the King likely to goe down the weather by the Scots comming in he whistles away his son Sir George Vaine from the Kings Army And though the Parliament had upon the 20 May 1642 voted That when soever the King in kith war upon the Parliament it i●●breach of the trust reposed in him by his people contrary to his oath and tendeth to the dissolution of this Government And th●t whosoever shall serve or assist him in such warres are Traitors by the fundament all lawes of this Kingdome and have been so adjudged by two Acts of Parliament viz. 11. R. 2. and 1 ll 4 And yet notwithstanding though Sir George Vaine did both serve and assist the King actually at the battell at Edge-Hill yet as soone as any footing by the Parliament is gotten in the County of Durbam he is by his Father and I thinke I might say brother too for it is impossible if young Sir Henry were honest and true to the publique interest of his Country according to what he seemingly professes and would be thought to be that his father and brother should doe such actions as they have done and dayly doe and escape scot free and no man to be heard that complains of them but rather crushed and destroyed which could not be if he and his interest did not support them in all their basenesse I say Sir George is by his Father sent down into the Country as the only fit man to govern it by deserving well at the hands of the Parliament for being with the King at the battell of Edge-hill and therefore is made the receiver of the Kings sequestered revenue there worth to his particular a great many hundreds pounds per aunum and is also made chiefe Deputy Lieutenant yea as it were Deputy Lord Lieutenant Iustice of peace and quorum Committee man and Chair-man
highest nature and to punish him or them that is not in the hundred degree so guilty and yet this is my case where if here I could not defend my selfe although I believe I should be able to give them good store of strong and pulling reasons which now I will not communicate to you but yet they would goe one and presse me to plead to the indictment I should desire to see and know whether or no my Iury of twelve men of my equalls were all legall men or no yea and something more besides And in the first place if I were indicted for treason I might by law except against 35. Jury men without tendering any reason for it see the 32. H. 6. folio 26. ●4 H. 7. folio 19. Stam. Pleas Crowne folio 158. Cockes 3. part Institutes folio 24. and 27. and then I might except against so many as I could declare bore me a particular mallice * See 28 E. 3.13 ● H. 6.29 for pre-judgement is a good challenge by the law for the common law of the land i● that a Iury man must be in different and impartiall before he be sworne see Stanfords Pleat of the Crowne lib. 3. folio 158. and Britt●n in his discourse of the lawes of the Land folio 12. and 25. l. 3. chap. 3 12. Ass plea. 30. Br● Challenge 42 101.120.142.1●6 And so within the compasse of malicions men against me would come all the Presbyterians that have taken the League and Covenant in the second Article of which b●d●●● part fol. 415. they have iliegally and unjustly sworne to destroy and extirpate all Heretique●● one of which they iudge me to be because I will not take that ilegall Oath nor be conformable to their Scotch Antichristian Presbytery and so have sworne to destroy me before I be legally convicted which is wicked and unlawfull For a man bound by an Oath before to doe that which he is to doe upon the indictment evidence and proofe thereof is partiall and not in different see Cookers pare institutes libr. 1. chap. 12. sect 234. pag. 156. who saith expresly I ●ers must be me● without all exceptions And by the Statutes of 2. H. 5.3 and ● H. 6.19 It is inacted that ●o person shall be admitted to passe in any inquest or Iury upon tryall of the de●th of a man or i● any inquest betwixt p●●ty or party in Plea reall nor in plea personall whereof the debt or the dam●age declared amount to forty makes if the same person or Jurer have not lands or tenements of the year●ly va●● of forty shillings alwayes provided that the party to be tryed doe make his challenge And by the Statute of 17. Eliz chap. 6. It is inacted that is all cases where any l●rers to be returned for tryall of any issue or issues ioyned in the Kings be●ch Common pleas and the Exchequer or before 〈◊〉 isg●ates of Assize shall every one of them have estate of free holdin lands I e●iments or Heredi●●ments to the yearly value of 4. l. at the least and the Sheriffe or other Ministers unto whom the me●ing of the Pa●nell shall appertaine shall not returne many such pannell any person unlesse be ●●y dispend foure pound by the yeare at the least of free hold out of ●●●ient demesue within the County where the issue is to be tryed upon paine to forfeit for every person so returned in any such p●●●ll that cannot dispend 4. l. free hold 20 s. It is true that by the Statute of the 33. H 8.13 it is in●cted That every person and persons being the Kings naturall Subject borne which either by the name of a Cuizen or of a froe 〈◊〉 or a●● other name doth inioy and use the liberties and priv●ledge of any City Burrough or T●●●●●porate where be dwelleth and m●k●th his abode being worth in moveable goods and substance to the cleare value of 40 l be from henceforth admitted in tryall of m●rthers and●el●nies in every 〈◊〉 and Gaole delivery kept and holden in and for the liberty of such Cities ●urrought and Town●●●● p●rate albeit they have no frethold provided alway that this act doe not extendin any 〈◊〉 of wise to any Knight or Esquire dwelling abidi●g or resorting in or to any such City c. And I by vertue of having been à Lieutenant Colonel ●m an Esquire as may easily be proved one of the Herauld of Armes Office and therefore in what place soever I am or shall be tryed 〈◊〉 lawfully make ●y exceptions against every man of my lury that is not worth in free land 〈◊〉 ●lper annum And besides if none of these will doe me good I have this last remedy that I am con●ident I shall legally and fully prove any charge whatever that in that booke I lay upon the Parliament in generall or any member of it in particular if I may from them injoy the benefit of the law and then I pray what doe they gaine or I loose by owning and arowing the 〈◊〉 booke But if you thinke that by owning of my booke they are thereby so exasperated that I 〈◊〉 the hazard of being destroyed by them by an act of power and will to which I answer by that law neither you no● any man in England is safe but liable to be destroyed at their pleasure jo● the lesser part of themselves are liable by that law every houre to be destroyed by the Vo●● of the Major part and then the Major part are liable every houre to be destroyed for acompany of Tyrants and forsworne perjured men for●re king all their Oaths which they have taken is ●antaine the law of the Kingdome and l●ke absolute Tyrants have made their will a law by any company or multitude of men stronger then themselves which if they should goe this way to work they would every houre be justly in feare of but if they should be so farre be stuped and b●fo●ted as to run the hazard of their owne deserved ruine by destroying me by an act of power is cold blood by the law of their owne will I for my owne particular should be no loose● by ●y translation from an earthly death to an eternall life and therefore I feare not their malice nor care not a straw for the worst they can doe to 〈◊〉 being notwithstanding the feare of your selfe and other of my friends resolved so to provoke them that they shall either be necessitated forced out of meer fear or shame to do me justice right by making hearing my report now in the hands of slugg●s● Mr. Henry Martin whose pris●ner principally I n●w a● judging my case and setting me free at liberty and giving me legall reparations for my illegall and unjust sufferings ●relse out of meere madnesse surie and revenge to send me to Ryturne to be ●id of me of which I am not in the least afraid and doubt not but if God should so ●orsake them and the Devil ●o fure lead them as there to hang me but at and
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