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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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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
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
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
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