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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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and to my understanding he there gives notable demonstrations to evince and cleare the forementioned charge I shall only instance that in pag. 112.113 VVhere his Majestie framing an answer to something they say in their Declaration about the Iudges and Members of Parliament he saith That by never having appeared at all in the favour excuse or extenuation of the fault of those Iudges who are to answer for any unjust judgement in all which his Majesty lest them wholly to their consciences and whensoever they offended against that they wronged his Majesty no lesse then his people And by his being yet so carefull of those Lords and Gentlemen it may appeare that his Majestie conceires that those only adhere to him who adhere to him according to law And whether the remaining part of the Houses be not more apt to repeal● their own impeachments and proceedings against those Iudges if they conceive they may be made use of and brought to adhere to them then his Majestie is to require they should may appear by their requiring in their 14 propositions that Sir John Bramston impeacht by then selves of so great misdemeaners may be made chiefe Iustice and by their freeing and returning Iustice Barkly accused by themselves of high Treason to fit upon the bench rather then free and imploy Iustice Mallet who was not legally committed at first but feicht from the bench to prison by a troop of Horse and who after so many moneths imiprisonment remaines not truly impeacht but wholly without any knowledge of what crime he is suspected And indeed their partiallity in doing justice and judgement appeares in no one man in England I thinke more then in old Sir Henry Vaine who by all men that I can talke with that knowes him and his practises renders him a man as full of guilt in the highest nature and court basenesse as any man what ever that was there For I have credably been told by one that sate in the short Parliament that he was the maine and principall man that instrumentally brok up that Parliament for in the House in the Kings name he strongly moved for twelve Subsidies when he had no such Commission from his Majestie but did it of purpose to set the Parliament in a heat and make them fly high against the King of which heat he took advantage and then went to the King and incensed him against them and thereby provoked him to break it up on set purpose to save himselfe from being questioned about his dangerous and desparate Monopoly of Gun powder and other of his illegall Knaveries in which he was deep enough even over both boots and shooes For Sir Iohn Eveling was the old powder master and then Sir Henry Vaine stept in and justled him out and got in one Mr. Samuel Cordwell one of his own servants that waited upon him in his Chamber who had the sole Monopoly of making all the powder in England and furnished powder for viid ●b into the Tower which powder was sold out commonly for 18. per. l. at the first hand besides the charge of getting first a warrant from the Counsell board to the Lord Newport then master of the Ordinance● to sell such and such so much powder which warrant besides the losse of time and trouble cost deare enough then there was a second warrant from the Lord Newport to be obtained to the officers of the Ordnance to deliver the powder out according to the warrant of the Counsell board and then there was a third warrant to be got from the officers of the Ordnance to the particular Clarke that kept the powder all which besides trouble cost money besides a see of a mark which was paid by the buyer to the officers of the Ordnance for every last of powder they delivered and the forementioned Cordwell Sir Henry Vaines Gunpowder Agent constantly ingaged to bring in every moneth to the Tower 20. last there being 24. barrells in every last and 100. l in every barrell and besides he as the principall instrument of setting this dangerous Monopoly on foot forced the Marchants and sea men many times for divers dayes together to stop their viages to their great and extraordinary detriment till they would give large bribes or were forced to use some other indirect means to obtaine his warrant c. to get powder out of his unjust Monopolizing hands to furnish their ships for which notwithstanding they were forced to pay above double the price for it nay almost trible according to the rate it was sold at before his Monopoly Yea and by this meanes he wickedly and illegally disfurnished all the Countryes in the Kingdome at is notoriously known to all the Deputy Lieutenants by meanes of which he laid the Kingdome open to the invasion and over-running of aferraign enemy which did create nourish and foment strange and strong jealousies in the people that there was some strange and desparate designe upon them to inslave and inv●solize them which was no little occasion of out present warres by blowing of coales to the fomenting and increasing of devisions betwixt the King and the people Yea and besides all this he was not one of the least of Canterburies Creatures being not a little active in the Star-Chamber to serve his ends the smart of which with a witnesse I am sure my shoulders selt For upon the 13. of Feb. 1617. in the 13. yeare of the present King the Lord Coventry Earle of Manchester Lord Newburgh old Sir Henry Vaine Judge Bramstone and Judge Jones in the Star-Chamber sentenced me for refusing to take an illegall oath to answer to their Interrogatories to pay to the King 500. l to be bound to my good be haviour to be whipt through the strect to Westminster and there to be set upon the Pillory and then to remaine in prison tell I conformd to their tyrannicall commands Which decree or sentence you may at large read in the 1 2 3. pages of my printed relation of my Star-Chamber sufferings as they were presented by my Counsell Mr. Bradshaw and Mr. Iohn Cook before the Lords at there Bar and proved by witnesses the 13. Feb. 1645. the barbarous execution of which you may read not only in that relation but also in a large relation of it made and printed by me that yeare I suffered called the Christian mans tryall and lately reprinted by Mr. William Larnar in Bishops-gate street and in my bookes also then made called Come out of her my people the afflicted mans Complaint A cry for justice my Epistle to the Aprentizes of London and my Epistle to the Wardens of the fleet which foresaid sentence the House of Commons after a long and judicious examination and debaite thus voted Die Martis May 4. 1641. Mr. Rouse this day reported Iohn Lilburn his cause it was thereupon ordered and resolved upon the question as followeth Resolved upon the question That the sentence of the Star-Chamber given against Iohn Lilburn is illegall and
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
Lieutenant Colonel to the Earle of Ma●●hesters Regimen● of Dragoons which 〈◊〉 sted●ill about or unto the last of April 1645 at which time I delivered the Troop and ●●●ment up to Col. John Obely neare Ab●ageon By the first Commission there is due to 〈…〉 ●●s for 223. dayes service at 24 ● per 〈◊〉 and by the second Commission there is 〈◊〉 to me 612. l. 10● 〈◊〉 for 350. ●●yes service at 3● s. per d●●m both being 〈◊〉 2.5 of all which during my service under the Earle of Manchester I aver it I never receive● 200 l. as pay for all Prins lyes t is true that 〈◊〉 or upon the 20. of December 1645. I receive 〈◊〉 Mr. Ne●thr●p Col Kings Treasures 〈◊〉 Mr. Tilsons House in Boston by the hands of 〈◊〉 St●dders tho● my Lieutenant 〈◊〉 Cap●●●ne in Sir Har●resse Wallers Regiment the 〈◊〉 51. l. 1. 〈◊〉 10. d. for so 〈…〉 ●id out for Col King at London by his own order 〈◊〉 guilt Sword a Plush Coat with 〈◊〉 and Silvey Cl●ps●s 10. yeards of ●lush for his wives 〈◊〉 a Corn●t and ric● banners two parts of Stockings one Crimson velve● saddle one bl●● 〈…〉 saddle and one Scarle● saddle with f●rnitures three pair of bou●s●ers satable and 〈…〉 and padlock to pa●k them in and then also I laid out for him 25 l 1.1 6 l. and delivered 〈…〉 a bill of particulars and received my money of his man for 7. yeards of fine gray cloth 〈◊〉 ●●●ver tri●●●ung three p●●re of Sp●●● Sold●● wi●●es Gloves a ●ath●rs cal● a 〈…〉 and forty paire of gr●●● bi●s for portage and ●●rriage from London to ●osto● of ●55 l. 〈…〉 l. But I hope Col. King doth not inten● to make either me or the State to pay for all this his bravery After this I laid out for divers other particulars mentioned in a note which I gave 〈…〉 and his clarke 23. l. ● ● 7 d. which money I received in February 16●3 and being Ma●● of the town of ●●ste● under him that often occasion to lay but small sums of money for 〈◊〉 fall things to the value of above 50. l. the particulars of which I alwayes gave him 〈…〉 clearke under my hand ●●d received my money in reference to such a ●●●e dated such 〈◊〉 as by my notes and receites under my own hand with him and his Clarke will fully 〈◊〉 I also the 13. Ianuary 1643. at Lincol●e received of his Clarke 200. l. which was laid 〈…〉 followeth Paid to Captai●e Cotton for the Colonels company and Lieutenant Col● 〈◊〉 ●●srots and Capt. ●res 〈◊〉 a ●●●●le towne within halfe a mile of Lincol●e upon the 〈…〉 house ne●t the heath 140. 〈◊〉 p●●d to Cap. D●t●●gs Lie●t 15. l. paid to Capt. Wregs 〈…〉 l. paid to him that Commands Capt. A●ers men as Quarter master upon the beating 〈◊〉 of their Quarters neare Lincol●● 4. l. that he is to be accountable for and six pound for himselfe by the Col●● order paid by his order to Iohn ●●ost and Iohn H●gger two of his Soldiers ●o carrie them to Cambridge 2. l. laid out to my Soldiers as per my rowle of the 17. D●●●●er appears ●7 l. 3. s. ● d. paid for bringing armes ●●o●● Lincol●e 〈◊〉 paid for carrying ammun●●●● at severall times to S●mpringb●●● and S●le●f●rd 11. s. 4. d. and this note his Cle●●● 〈…〉 selfe did a little while after the said 1● Ianuary perfect and he received particular 〈◊〉 from the severall Officers upon their acknowledging they had received the above said some of me and I dare ●●ldly say it I was as exact in perfecting all such accounts as this with his 〈◊〉 as an who pl●ce p●●in England is in keeping his bookes a● by the notes of particulars in his hands will manifestly app●●re and then for my Soldiers with him they were so con●●●●●ly mustered under the Collon●l● no●e by one of his owne creatures that it 〈◊〉 impo●●●● 〈◊〉 man had a mind unto it to have paid the k●●ve especially either I or any under my particular command being●●●●mity with his Muster master and besides J a●er it that if one 〈◊〉 we made a muster and the 〈…〉 we made another if my one of the Soldiers that was in his muster roule the week before were absent by sicknesse the second time although he lay sick● in the very same Towne and though we named the house where he was sick and were ready to go● to shew him to the Muster Master yet so exact w●● Col. King that I nor my Lieutenant was not trusted with the pay of my particular fie● Soldiers and as for the payment of them their money was most commonly received and paid by my Lieutenant yet I commonly g●●e the rece●●● for it inder my hand in as exact a way as it was possible to make it viz received such a day so much money far so many dayes pay for say ●●figne two Sergeants three Corporalls and so many common Soldiers My Lieutenant himselfe usually received his owne money and I received of Th● Hewer the Cols man at three severall payments about three sco●epoun●s which in my receipts I mentioned as my owne porticular pay Besides this in February and March 1643. I received of the ●●nd T●●ma● Hewer and one Mr. Browne by Col. Kings appointment betwixt two and three hundred pounds in part of payment for divers things delivered at his e●●est desi●e in his straights into his Magazine at ●oston at least by 20. l. in the hundred cheaper then he there paid at the 〈◊〉 time for the like the exact copy of which particulars as I had them under 〈◊〉 hand of his o●ne Magazine k●epet the originall it selfe to my remembrance being delivered to Mr. 〈◊〉 at Lincol●● thus followeth A note of all the Swords Belts and Holsters for Pistols and Bandel●ers That Major Lilburuc caused to be brought into the Magazine at Boston February 5. 1643. Received from London by Major Lilburno● appo●●●●● two hundred and ●i●●ty Swords more received immediately after by M●●●r Lilburno● 〈◊〉 five hundred Swords Feb. 1643 Received from Thomas Forman at Lyn by ●●●ior Lilburnes appointment me chest of Swords containing two hundred received 〈◊〉 Aprill after from Ma●or Lilburne that his men brought into the Magazine and delivered 〈◊〉 to my s●● Sh●pherdson twenty Sword● so 〈◊〉 ●●ceived in Swords 1010. Received of Maior Lilburn 80. pair of Holsters for Pistols and th●● hundred ●●●ts for Swords ●●●ived of Mr. Wood and Mr. Wind by Maior Lilburnes ●pp●●●●●● ●e 〈◊〉 s●●●d c●llers of ●●●del●rs all these S●●ords H●●●●●ers for Pist●ls 〈…〉 ●●●i●rec●●ved 〈◊〉 the Magazine from Maior Lilburn but what 〈◊〉 is paid 〈◊〉 for 〈◊〉 of them I 〈◊〉 not By me Richard Coney keeper of the Magazine in Boston Now if you please to read the 42 43 44. and 46. pages of 〈◊〉 ●●●●●y and Truth i●●stifi●d and the ● 4 5 6 ● 8 9. pages of my painted Epistle to ●●●ge 〈◊〉 called Th● iust 〈…〉 you shall largely and particularly 〈◊〉 the cause of Kings ●●lling
and I was fairely promised I should have but the hundred of the present bookes in controversie and I was fairely promised I should have them but as yet I have found no performance at all though truly I doe conceive there was is many books carried away by him as stood me in about twenty or thirty pounds for there was the greatest part of a thousand of my bookes called London Charters the printing of which with the paying for the copies of the originall Charters c. which I had out of the Record office in the Tower cost me almost twenty pounds besides a great many of severall oth●● sorts And at my withdrawing the people eryed out they never would answer to close Committees any more being the doores by law ought to be open which they never kn●w before Now friend I know you are acquainted very well with some able and honest Lawyers and therefore I pray doe me the favour as inquire of them whether all these things laid together it be not an act of Fellony in the forementioned Whittaker c thus forceably to enter my house and without any reall or pretended warrant to take away my good●● but if it be not fellony I desire to know of them what effectuall course I may take in saw to obtaine my just and legall satisfaction for this illegall wrone and making these catch-poule Knaves who art as bad if not worse then the Bishops Rookes and Catch-poules examples to all their fellow Knaves and Catch-poules Thirdly I desire to know whether by law any free mans house in England can be broken open or forceably entered under any pretence whatever unlesse if be for fellony and treason or a strong and grounded suspition of fellony or treason or to serve an execution after judgement for the King Fourthly if any person or persons whatever shall indeavonr to break open or forece●bly enter my house or any other free men● of England upon any precence what ever but the forementioned 〈◊〉 some other that is expresly warrantable by the known law whether according to law or no I may not stand upon my owne defence in my owne house being my Castle and Sanctuary and kill any or all of those that so illegally though under specious authoritive pretences shall assault me Fiftly whether in law it be not as great a crime in the foresaid whittaker c. for cably to enter my house and carrie away my own goods fawfully come by under a pretence of a warrant signed by a single Member of the House of Commons commonly called a Chair-man of a Committee As for Sir William Beacher Clark of his Majesties Privie Counsell Old Sir Henry Vaine a Privie Counceller and it I mistake not then Secretary of State and Mr. Laurance wh●tt●ker that old corrupt Monopolizer now Member of the House of Commons by vertue of Regall or Councell-Board authoritie to sench the pockets or break open the study doors of the Earle of Warwick the Lord Say Mr. Hambden Mr. Pym Mr. C●ue or any other of those that was so served after the breaking up of the short Parliament for which by this present Parliament as I am credibly informed from knowing and good hands Sir Wiliam Beacher was committed to the Fleet Mr. Laurance Whittaker to the Tower and old Sir Henry Vaine who as it is credibly said was this principall actor in this b●sinesse and was in this present House of Commons strongly moved against againe and againe and in all probability had smarted soundly for it if it had not been for the interest that his Son young Sir Henry had in Mr. Iohn Pym and the rest of his bosome associates who as it plainly now appeares for ends besides the p●bli●●e had use to make of him against the Earle of Strafford who was one of the chiefe men that stood in their way and hind●ed them from possessing themselves of those high and mighty places of honour and profit that is now too much apparent they then aspired unto and therefore truly when I seriously cast my eye upon their continued serious of actions especially of late my conscience is overcome and J am forced to thinke that there is a great deale of more truth in many of the charges fixed upon them in those two notable Declarations of the Kings then at the first reading of them I conceive there was the first of which is the 12. of August 1642. and begins book Decl 1. pan pag. 514. some notable passages of which Mr. Rubard Overton and my selfe have published in the 6 pag. of out late discourse called The Out-Cry I of Oppressed Comm●ns unto which I shall desire toad one more and that is of their partialli●y in judgement which the K●ng chargeth them with ibim page 516 That they threw out of their house some Monopolizers as unfit to be Law-makers because their principles was not fit for the present turns of the powerfull party there and kept in other as great Monopolizers as those they threw out because they did comply with them in their ends and the King instances Sir Heary Mildmer and Mr. Laurance Whittaker both of whom for all their transgressions still fit in the hou●● And if it be an act of treason to exercise an Arbitrary and tyrannicall power for so it was charged upon the Earle of Strafford c. then I will maintain it M. Laurance Whittaker is guilty of it for he hath severall times done it unto the free men of England yea upon mean particular as at large you may read in my book called Innocency and Truth justified to the apparent hazard of my life and being for which I will never forgive him tell he hath acknowledged his fault and made me leg●ll and just satisfaction the which if he do not the speedier seeing by his unreasonable priviledge as he is a Parliament man that by law I cannot meddle either with his body or goods I will by Gods assistance seeing I have no other re●edy pay him with my pen as well as ever he wa● paid since his eyes was open cost it what it will and therefore I now advise him if he love his owne reputation without any more adoe to acknowledge his fault by giving me legall satisfaction The King second Declaration is an answer to the two Houses Declaration of the proceeding of the Treaty at Oxfo●d 1643. and in the second part book decl pag. 100. printed Anno 1646. where in pag. 10● he chargeth them poss●●vely that the maintenance and advancement of Religion justice liberty propriety and peace are really but their stalking ho●ses and neither the g●ound of their watre nor of their demands and I for my part must ingeniously protest and declare unto you that the dealings of both houses with me and others of the Kingdomes best friends is such that as sure as the Lord lives I should sin against my own soule if I should not really beleeve this particular charge of his Majesties to be most undeniable true and just
of the Committee and hath also the Posse commitatis of the whole County put into his hands as being the fitte●● man to be High Sheriffe there yea and no●irin that County what ever a King is in his Kingdome that saying of Da●i●l chap. 5.19 concerning the power of ●●●●bad nezzar being too truly verified of him and his father in ●efo●e●ce their acted and executed power in that ●oore County that whom they will they set up yea even as arch blades as Sir George himselfe and whom they will they pull down and all the people there in a manner tumble and feare before them But this is not all for the Parliament upon the clearing of the Country sent a Magazine of Ammunition and Armes downe which was landed and laid up at Sunderland in the possession of my Vn●le Mr. George Lalburn one of the Deputy Lieutenants and Iustices of Peace c. of the County which Sir George Vaine by his supreame prerogative sent for away and put into his Fathers Castle of R●b no laid in store of Provisions there but I will not say he sent for some scores of Cavieliers from a Castle in York shire to come and take possession of it so soone as be had so done but this I will say that they did come and take possession of it with a great deale of ease and it cost the Country some thousands of pounds before they could take it againe So here you have at present a briefe relation of the game that Sir Henry Vaine hath plaid this many yeares together by meanes of which he hath got a great estate but I may say an ill estate to leave to his son Sir Henry principally a man for all the experience I have had of him and I have had not a little no whit inferior in my apprehension to his Father in Machiavels principles for all his guilded professions and truly it is very strange tone what the Family of the Vaines hath deserved of this Kingdome that they must have so many thousands pounds a yeare out of the Kingdomes Revenue in its present great and extraordinary poverty as they have never any of which ever hazarded the shedding of one drop of blood for the Parliament or Kingdome And besides the two sonnes before mentioned there is a third lately come out of Holland that was a Captain there and though he hath not one foot of Land in the County of Durham yet he is as I am informed lately made a Iustice of peace and hath besides profitable and gainefull Offices there I pray Sir what doe you thinke such doings as this of which the Parliament is full as I could easily declare doth portend to the whole Kingdome doe you thinke that it portends lesse then absolute vassolage and slavery to the whole Kingdome by a company of base and unworthy men set up by the people whom they may if they please pull downe by calling them home and chuse honester men in their places in a new Parliament to call them to a strict accompt without doing of which the lawes and liberties of England are destroyed and our proprieties utterly overthrow that doe and will tyrannise ten times worse ov●r us then ever our prerogative task masters of old did Sir sure I am by the antient good just and unrepealed laws of England it is inacted that a Parliament should be holden every yeare once or m●re oftner ●f●●ed require for the maintenance of the lawes and the redresse of divers mischiefes and grievances which dayly happen 4. E. 3.14 and 36. E. 3.10 And by the act made this present Parliament in the 16. yeare of the King called an Act for the preventing of inconveniences hapning by the long intermission of Parliaments there It is provided in ease the King doe not performe his duty to the Kingdome in summoning of Parliaments as he ought that then we shall have a Parliament once in 3. yeare whether he will or no as appeares by the Act it selfe which most excellent Act is altogether fruitlesse to the Kingdome if we must have a perpetuall Parliament and therefore an everlasting Parliament is the greatest abridgement and de●●ustion to our lawes liberties and proprieties that possibly can be imposed upon us the present Parliament men being in their owne principles unpuestionable lawlesse uncontrowleable and so are a kind of Monsters rather of the Divells creation then Gods for he never created and made any man lawlesse during all whose fitting as they by their actions order the matter we have no propriety in our lives liberties estates or trades for all of them are subject to be destroyed by a Vote and 〈◊〉 sometimes it may be carried but by the Vote of one of D. Bastwicks N●nyes or 〈…〉 Prynt Minors or Infants it may be but of 18. yeares old 3. yeares younger then any 〈◊〉 to be by law that can sit in that House nay to such a hight of tyrannie are these 〈…〉 grown that they by Vote without law of reason take our liberties from us upon 〈…〉 and false report of any of their Members or any of their secofanising Catch pouled 〈◊〉 either the bearing us speak for ourselves or so much as telling us the cause wherefore 〈◊〉 imprisonned and this the last yeare in every particular was my portion by the mean●● of 〈◊〉 William ●●th●ll Speaker of the House of Commons D● Bastwick and that bas● and 〈…〉 fellow Col. Edward King who divers yeares agoe deserved to be hanged for be●●●ing 〈◊〉 trust reposed in him by the Parliament this was lately the portion of Major T●●●● by 〈◊〉 means of M Hollis Sir Walier Ea●le Sir Phillip Stapleton Sir Sam. Luke the rest of their g●● trusty and doubty Associates O brave Parliament Which by its constitution on and primitive practises was a Bulwarke to secure the Commons of England from being ca●e● up and destroyed by the prerogative and wills of the Kings of England but ha●●●● now f●r ●aken this first station destroyes us with unknown unlimitted and arbitrary priviledger more th●● 〈◊〉 the prerogatives of any King of England since the first day of M●g●● Ch●●tas estiblish●●● and are unaccomptable for any thing they say and doe yea and doe not only act the Parliamentary power but also a regall power yea and though they count themselves the great●●● Iudges in the Kingdome yet contrary to law justice reason and conscience take upon them for sees which I may call bribes to plead causes before Iudges of their own making who dare as well ease their fingers ends as displease them and then in conclusion it may be the very same causes by way of appeale comes before themselves as supreame Iudges and judge yo● how those causes must goe in which they have been and it may be are Hackney Counseller which they ought not in the least to be it being not only contrary to law but the 〈◊〉 of Iudges that any Iudge should give Counsell or be a Counseller Yea Parliaments in former
5000. l. for one losse or another so that for my part I 〈◊〉 though a man be never so gallant when he is in the field yer such bewitching baites of money c. is in the House of Commons that as soone as he comes to sit there he is in my thought● three quarters spoyled yea and it may be in a very little time will be an enemy to that gall●● try and down right honesty he in the field professed so that for my part of all the late Commanders that have been chosen to fit in the House they are so taken with the Silver baites of that House that I professe for my part● will not give a groat a dozen for them to doe the Common wealth service in their present plate unlesse it be one or two at most amongst them therefore say I let us earnestly contest for the inioyment of our iust nationall liberties and the long and antient just laws of B●gland to have every yeare afresh and new Parliament to call this to an account for all our money they have had and all the iniustice they have done us 〈◊〉 our which we are destroyed both in our lawes liberties and proprieties but if any shall 〈◊〉 the Kingdome in generall will ●●d great hazards by a new choise I say no for if never ●●ch base men be chosen if we have a fresh Parliament every yeare to sit three or four score d●yes a● most it will be as a rod kept over their heads to awe them that they shall not dare to doe the Kingdome one thousand part of that into slice that this Parliament hath done for feare the next Parliament they shall be questioned and then loose their head or estates Therfore for the Kingdomes good in generall it is worth the indeavouring to get the same provisor● in a● annuall act that now is in the trianiall made the 16. yeare of the King to settle the government of the Kingdome either by the King againe of some otherway that the Parliament shall think sit by chusing out a Committee amongst themselves to mannage the great affaires of the Kingdome till the next free and new chosen Parliament for now we are under a La● when Parliament men please to destroy us and when the Law will not reach us then their will shall tell which be done England shall never inioy iustice impartiallity but be in the absolute condition of as perfect vassolage and slaverie as either the Turks in Turky o● the Pes●n●a France or the Boor● in Fl●nders having neither the inioyment of liberty nor propriety now it being I wil maintain it the greatest act of breach of trust that ever the King did in his life when he passed the Act called the Act to prevent inconveniencies by untimely dissolving the Parliament made 1641. to let both houses sit as long as they pleased and so make sitting in Parliament a Monopoly and heriditary to them and their heires for ever which is such a palpable and visible violation of our essentiall and fundamentall liberties that it is lesse to be induced by the honest free men of England then any act of iniustice or violence that ever he did to us in his life for this is so universall that it absolutely destroyes both our lawes liberties trades and proprieties and makes us all perfect and absolute slaves but Parliament men and their new made and created creatures there being nothing wanting but the Kings consent to the twelfth Proposition that both houses by law may levie upon the People what money they please and doe with it what they please and never be accountable and therefore I will adds ●●ft thing to those things of g●●●●sh evill mentioned by 〈◊〉 i● 〈…〉 del●●●ery before ●●y booke called To Charters of London and pray from the Popes 〈…〉 Kings ●●limited Prerogatives Parliaments unknowne priviledges the Lord Major Court of Alde●●●en and the rest of the prerogative Common-Counsell men of London● impl●●● saith ●ut especially from an everlasting Parliament Good Lord deliver honest John Li●b●rne Now Sir I come to speak a few words unto the state that ye●● are in by reason of the trouble I have brought upon my selfe a you thinke by owning of my booke to which I answer Alass● I professe it seriously death it selfe is more acceptable to me then to live and be without cause destroyed in a Gaole what should I be affraid of For I assuredly know God in Iesus Christ is my reconciled father in the strength of which I have walked stedfastly above these ten yeares so that I without doubt know he hath in store for me a crown of eternall glory in the Kingdome of glory And Cursed be he that is afraid of 〈◊〉 that shall die and of the s●●● of man which shall he made as grasse and forget test the Lord his make that stretcheth forth the heavens and laid the foundations of the Earth Esay 11.12 13. And truly ●o extraordinary large experience have I had of God unfadomable loving kindnesse and truth that there is nothing but sinne can make me afraid For the Lord is on my side I will not feare what man can doe unto 〈◊〉 Psal 118.6 and 56 4.11 Heb. 13.6 which I am principally tyed from by that over●owing bounty goodnesse that I have taisted in God And for my wife and children which most troubles me unto who●● I ought and I hope have and do● beare a husband and fatherly affection unto yet alasse shall I for love of them sin against my owne soule and be silent when my conscience from sound grounds tells me God would have me to speake to reprove the perversnesse and stiffe nedeednesse of an Hypocriticall uncircumcised in heart generation of men that under specious pretence a goe about to inslave their native Country and so by consequences strongly endeavour to destroy my wife and Children as well as my selfe who must undeniably perish if I should live with them if the law and justice of the Kingdome be overthrowne which cannot in likelyhood be avoyded if God should not open the mouthes of some to speake reprove and informe and God having ●●●asted me with a Talent yea and by my unjust imprisonment put an oppertunity into my ●and to improve it for his advantage and glory accursed should I be in my own apprehension if I should tye it up in a Napkin and hide it And besides when all ordinary meanes failes to contest for my right without the injoyment of which my wife and children in the eye of reason most perish and be destroyed In my understanding is the only way to obtaine it but if in the persuit of my present contest I should loose my life I can lay it downe with a great deale of comfort and commit my wife and children with a great deale of confidence to the faithfullnesse and co●e of God who hath manifested so much unto me in all the straites and extremities that ever I was in for the faithfull discharge of
●●●●nd ●i●● which 〈◊〉 principally for his endeavouring in my apprehension in b●●●y hi●●●ust ●f●●● our fatall 〈◊〉 at Newar●e at which time all accounts betwixt him his cl●rke and me was even saving 〈◊〉 owne particular pay and betwixt 100. and 200. l. for the foresaid Swords c. 〈…〉 〈◊〉 when I was going away I bro●ghut him in a true account 〈…〉 head wh●● was due to 〈◊〉 for them and what I had received and I am sure this was his answer he had 〈◊〉 money 〈◊〉 ●●●●e then but as soone as any came in he would care to p●y●●● so away I went to ●edford ●●●y Gener●ll as in the two last mentioned bookes you ●●y 〈◊〉 and afterwards to L 〈◊〉 〈◊〉 where we had notable bussing to bring King to a Councell of Warre for his grosse and palpable knaverie and treachery but we could not bring him to the touchstone because the harle of Manchester and his two Chaplins Ash and Good protected him in his b●se●●sse after that being at the seidge of Yorke Mr. Tredwell a Cutler living now at the Lyon were Fleet-Bridge pressing me to perfect the account with him for the Swords I had of him and being in a straight how to get my money from King who I knew was mad at me for prese●ting him so hard I went unto Dr. Staines and complained to him who gave me this insuing warrant By vertue of my Commission of Auditor Generall for the whole Association and Army and by vertue of my Lord of Manchesters present Order these are to require you to give an accompt what moneyes or payments have been made to Major Iohn L●lburn Captaine ●●bert Lilburn and Captain Lieutenant Henry Lilburn and to send it by the le●ter hereof Given under my hand by my Lord of Manchesters warrant this 11. of Iune 1644. Also you are to give an account under your hand what moneys Major Iohn Lilbur● h●●h received of you for Swords Beles Bandaleers Holsters c. delivered into the Magizine of Boston To Thomas Howet Clerke to Col. King and pay master to the forces there per me Will. Staine This warrant I sent away to Boston by a carefull hand to my wife to follow the Clarke Kings meniall servant for an account but none she could get and then after Marston ●●●re sight c. we came into Lincolnshire where I met with the foresaid Mr. Tredwell who pressed me for some money due to him for the foresaid Swords and I went to Col. King with him th●n at Boston and after an outside complement in his Hall I told him I had got Auditer Generall to send his warrant to his man for an account but it would not be obeyed and therefore J was come to him my selfe with my friend to desire him to pay me the rest of the money due to me for the Swords c. he had had of me that so I might pay my friend that which I owed him for some of them whereupon he told me he had none of me unto which I replyed you will not offer to say so for at your earnest intreaty I provided them for you at cheaper rares a great deale then here you could have them and by your expresse order delivered them unto your Magazine keeper who under his hand hath acknowledged unto me the receipt of them and you your selfe hath often been at the Magazine with me to view them and thanked me for the cheapnesse and goodnesse of them and hath also under your owne hand sent me divers orders for the issuing them out at which the man was in a mighty fury and fell a raging at me and bid me before my friend as if I had been a dog get me out of his doors wherupon told him he was a base impudent lying fellow and if he durst manifest so much m●nhood as to come out of his own doores I would ●udgell his coat for abusing me but he plaid the coward and durst not ●●ir and so we parted Now let all the rationall men in England judge where the fault 〈◊〉 that my account was not made up and upon this Mr. Tredwell and my selfe went to Li●●●●● where we fully made Lieutenant Generall Cromwell acquainted how it was with us who by his earnest importunity with the Earle of Manchester got him as I remember to order Mr. Whover to pay Mr. Tredwel 150. l. which he received of him and b●sides J per●●iving before first left Boston that Col King intended to play the Knave with me I reserved above 200. p●ire of my Hou●sters which he should have had from me in my owne hands and afterwards got M●●●ackson of Boston in his shop to sell some of them for me and the rest by the Earle of Manchesters expresse order Col. Edward Ro●●●ter in his necessity had of me for which 〈◊〉 remember I received 40. l. of M●●●aver and besides reserved about 20. l. worth of Sword belts which J was necessitated to bring to London and have them till in my owne hands and should willingly take for them lesse by 5. l. then what they cost me and so much for King And now in the second place for money received by me when I was Lieutenant Colonel of Dragoones in which service I am sure I spent divers moneths and never received a penny no not so much as to buy me a horse shooe being forced to lend my Soldiers money divers times to shooe their horses part of which I lost for my reward and I am sure that from Feb 1643. to September 1644. which was 7. moneths time I received not six pence pay and then as we marched to Banbury leager at Daintery towne I and other of my Officers received at the hands of the Northompton Committee 800. l. as part of six weekes pay 215. l. of which Major Evers my Major had for his troop and Capt. Beama●t 185. l. for his troop and Capt. Abbot 180. l. for his troop and my selfe for my troop 220. l. which then by my muster roule and debenter daited from the 25. March to the 26. of August 1644. excilu● being 22. weekes consisted of my selfe Lieutenant Cornet Quitter master two Sergeants three Corporalls two Drums and 85. common Soldiers which said money at that Townes end was immediately paid to the troop every Cemmon Soldier having out of it sive weekes pay to pacifie the mutinie they were in and I am sure there was not one Soldier in the muster roule but had it to a penny and the Officers slaid for theirs tell we came to Ba●●bury where I sent my Quarter-master and other Quarter-masters to Mr. Golson the Treasur●● for the rest of the six weekes pay which every troop then and there received and I am sure mine was faithfully disposed of according to the Muster Roule to a penny only as I remember one or two had lost their lives at the C●stle before the last money came and then after that seidge we marched to the seidge of Crowl●nd a service hard and difficult