to voluntary slavery If you neglect this opportunity and advantage offered you for the regaining of your Liberties and recovery of your Birth-right the Law the losse will be irrepayable irrecoverable bringing with it certain ruine unavoidable vassalage upon you and your whole City yea though I am not a Citizen yet no stranger nor forreigner but a free-man of England who hath freely hazarded all for the recovery of the common Liberty and my Countries freedome and it is no small griefe unto me yea it lyes more heavy upon me then all other my troubles undergone to see our Nationall and Fundamentall Lawes Rights and Priviledges thus trodden under foot even by those by whose endeavours we expected a restauration of the same Oh! the unexpressable misery and besotted condition possessing this Nation that we should be so regardlesse of our selves and Posterity as thus in and by cowardly silence to betray our selves and to beget Children to live and remain by our meanes Bond-men and Bond-women yea Slaves Look but upon your industrious Neighbour-Nation the Netherlands how for a long time under faire and colourable pretences As Conformity and Religion they were spoyled of their Lives Liberties and Estates But at the length they discovered the cunning and crafty dealings and devises of the Bishops and their Clergie whom the Spaniard promoted and used as his Instruments by whom he intended to bring those Countries under the power of his Soveraignty and cruell will These your Neighbours were constrained to knit themselves together by Bond and Oath to stand up for their common Liberties and Countries safety leaning every man in matters of Religion according to that common Principle Religio suadenda non cogenda Religion may be perswaded not forced the good successe they have had therein and tranquility and security they thereby enjoy may be great incouragement to us not to despaire of the recovery of our Native and just Freedoms and by the like meanes to put an end to these our troubles unnatural oppressions if we will but tread in the same steps each one labouring in his place to preserve the common Liberties and Lawes of the Kingdome which makes us indeed true free-men without seeking or endeavouring to Lord it thus as now we do one over anothers faith your Brethren together with you and all the Commons of England have an equall interest and property in the Law being all of us free-born English-men Therefore look about you and be no longer deluded to be by a meer shadow of greatnesse and flattery fooled into slavery But according to your Protestation endeavour to preserve or rather recover your lost Liberties which under conformity and other specious pretences and glosses you have been long deprived of Till when expect not any Justice or Right to be done unto you For it is impossible for those that have reduced you to this slavery to degenerate so far from themselves as to maintain or give you any assistance or countenance in standing for liberty untill they lay down their Offices and Functions which they all this time have unjustly usurped and intruded themselves into I will forbear to insist further upon this matter for the present being ready and willing if any should presume to question the Citizens just rights in the election of their Major upon the perill of my head and forfeiture of my life if I be called thereunto and may have a just and equall hearing to prove and maintain That it is the just and due Right and Liberty for any free Citixen and Baron to give his vote in the election of the Major and Sheriffes and other the publike Officers the same being grounded upon the Law of God and Nations and agreeable as well with the Fundamentall Lawes of this Kingdome and Customes of this City as by the Charter and Acts of Parliament yet unrepealed is confirmed But one thing I cannot passe by which may cause some scruples which is thiâ— By the words Barons of London mentioned in King John his Charter Whether all or but some speciall Citizens of note are to be understood to be the Electors of the Major and Sheriffes of London That all and every Citizen is there meant and implyed The very words of the Charter it self clearly manifest For the Liberties there granted by the Charter are to them all as Barons and not otherwise nor to any other particular persons of any Society Yet the same may be farther cleared thus in that before the Conquest all Free-holders of this Kingdome as well as in Scotland are yet to this day were called Barons and therefore saith Lamb. fol 128. and 136. Court-Baron is so called because amongst the Laws of King Edward the Confessour it is said thus Barones vero qui suam habent Curiam de suis hominibus c. BaroÌ„s are those who have their Court for their Tenants or men And this Jurisdiction hath every Free-holder according to Mirrour C. 1. Sect. 3. châ—sâ—un free Tenant use jurisdiction ordinary every Free-holder hath this ordinary jurisdiction and the name Baron in the eye of the Law hath relation to Free-holders saith Sir Edward Cook 1. Part Institut fol. 58. and in very antient Charters and Records saith he The Barons of London and the Barons of the Cinque-Ports doe signifie the Free-men of London and the Free-men of the Cinque-Ports Cook ibid. All which I desire may be taken into due consideration which as I writ the Protestation so this I have published for the good of this famous City and for the benefit of all the Barons thereof and if you will own this your right and not suffer your selves to be brought into voluntary servitude I shall be encouraged to make a farther discovery of the Priviledges and just Rights now unjustly detained and holden from you By the Contriver of the Citizens Protestation here following The Copy of the Protestation made by the Citizens of London the 29. of Septemb. 1646. The right and claime of the Free-men Citizens and Commonalty of the famous and most antient City of London for their Votes in the election of their great and highest Officer the Lord Major c. With their Protestation against the election of such who shall be elected Majors as illegall and destructive to the Liberties and Priviledges of this City if in case the Commonalty and Freemen thereof or any of them be denied and not admitted to have their Votes in the Election WHereas this City hath had and enjoyed before and since the Conquest many great and notable Franchises Custome and Priviledges often and sundry times confirmed as well by the Laws and Statutes made in the severall Parliaments as by the several Charters of the Kings and Queens of this Realme appeareth amongst which it hath been an antient and laudable custome Time out of mind for all and every the Free-men and Citizens of London in the annuall elections of the Majors thereof to have their votes as formerly they had Porte
to get me my liberty For then all my friends and acquaintance would conclude that the Lords had set his Masters and him on to murder me as the Earle of Northampton and the Earle of Sommerset set Sir Gervis Elvis the Lieutenant of the Tower and Weston his servant to murder Sir Thomas Overbury in his imprisonment in the Tower of London for which act they were both deservedly and justly hanged which might hazard at the least either the pulling down or breaking open the prison to see what was become of me Therefore I wished him to be advised what he did for I assured him I would improve all the interest I had in the world to effect it For before I will be murdered I would sell my life at as deare a rate as it was possible for me to sell it at And at another time I turned him to the Parliaments Declaration 2 N. 1642. Book Declar. pag. 722.723 Where speaking of the difference betwixt the King and themselves in answer to something said by him about the interpretation of the Statute of 25. E. 3. that they would take away his power from him they demand a question How that doth appeare And they answer Because we say it is treason to destroy the Kingdome of England as well as the King of England and because we say that the King of England hath not a power to destroy the lawes and people of England And what is that interpretation of that Statute that no learned Lawyer will set his hand to That treason may be committed against the Kings Authority though not directed against his Person Doe there want say they presidents or Book-cases to make this good Or is it not that they cannot see wood for trees that look after presidents to prove this which at length is acknowledged in his Majesties Proclamation of the 18. of June Is it then that interpretation of the Statute that the raising of force in the maintenance of his Majesties Authority and of the Lawes against those that would destroy both it and them is no treason though such acts of traitors and rebels should be in pursuance of his Majesties personall commands and accompanied with his Presence And have we cited no presidents to this purpose What are those then of Alexander Archbishop of Yorke Robert de Veere Duke of Ireland and the rest in the time of Richard the second which we caused to be published whose levying of Forces against the authoriy of the Parliament and to put to death divers principall members of both Houses by the Kings expresse command which he promised to accompany with his presence was by two Acts of Parliament judged Treason And the Act of such levied forces to suppresse them was judged good service to the Common-wealth These presidents are said to be grounded upon repealed Statutes and wee have indeed heard it said so twice but wee never heard the Statute that repealed them cited once And whether the Parliament of the eleventh of Richard the second was a more forced Parliament then that of the twenty first of Richard the second which repealed the Acts thereof And whether that of the first of Henry the fourth which repealed that of the twenty first of Richard the second and all the acts thereof and revived that of the eleventh of Richard the second and all acts made therein was ever yet repealed And consequently whether those two acts of the eleventh of Richard the second and the first of Hen the fourth doe not still stand in force None that are acquainted with the Records and History of that time can deny or so much as doubt But doe we need Presidents in this case Is it not a known Rule in Law That the Kings illegall commands though accompanied with his presence doe not excuse those that obey him And how then say they shall it excuse Rebels and Traytors and how shall it hinder the Kings Courts and Ministers to proceed against them judicially if they submit or by force if they make opposition with force If the King might controll all the Courts in Westminster Hall and the High Court of Parliament it selfe and make it good by force what were become of the known legall government of this Kingdome or what a Jewell had we of the Law or what benefit of being Governed according to Law if all Lawes might by force be overthrown and by force might not be upheld and maintained Now Mr. Brisco said I if the Kings commands and power cannot overthrow the Law much lesse can the Lords commands who are farre inferiour in power unto him their absolute earthly Creator and Master from whom they have derived all that they have and therefore cannot be above him For it is a maxime in Nature and Reason That there is no Being beyond the power of Being And another Maxime it is That every like begets its like but not more And therefore impossible it is that their power should be above the power of their begetter or Improver the King Again Mr. Brisco said I if here by the confession of the Lords themselves for they joyned in the making of this very Declaration it be a known Rule in Law That the Kings illegall commands though accompanied with his presence doe not excuse those that obey him then much lesse are you your Master Wollaston nor his Masters the Sheriffes of London excusable for executing the Lords illegall and barbarous Warrants and Orders upon me which they doe not accompany with their presence to see put in execution Therefore Mr. Brisco assure your selfe that if I live I will turn all the stones in England that possibly I can turne but I will have justice satisfaction and reparations from you and all your masters for executing the Lords illegall Orders and Commands upon me At which hee told me he and his Masters were Officers and must execute the commands the Lords gave them without the disputing the illegality of them Wel then said I by the same Rule if the Lords who have no legall authority over me send you a Warrant to hang strangle or stab me or cut off my head in prison although I have had no legall triall according to the Law of the Land you will put it in execution And as well said I may you doe that as to doe to me as you have done and besides I know no Ground they had to receive mee a prisoner upon the Lords Warrant at all especially considering according to Magna Charta the Petition of Right c. none of their Warrants of commitments of me have either legall beginning or legall conclusions And excellent to this purpose are those Golden expressions of the most worthy Lawyer Sir Edward Cook in his exposition of the 29. chap. of Magna Charta in his 2. Part. Instit fol. 52. Where expounding what is meant by per legem terrae that is the law of the land having spoken of divers things he comes to speak of Commitments and saith Now seeing no man
and may justly be called Simeon and Levi brethren in evill and wickednesse whose tyrannicall mystery wants an Anatomy the beginning of which this is The last reason why I publish this is because that although the fundamentall Lawes of England be rationall and just lawes and so pleasant and delightsome to the people these Prerogative-Monopolizing Patentee-men of London have done as much as in them lies to pervert them and to turn them into Wormwood and Gall And though they be the common birth-right and inheritance of every particular individuall freeman of England yea of the meanest Cobler and Tinker as well as of the greatest Gentleman or Nobleman And therefore justly doth the King call the Law The Birth-right of every subject of this Kingdome Book Declar. 312. and in pag. 328. he saith The Law is the common inheritance of his people And in pag. 385. he calls the Law The common Birth-right of his Subjects to which onely they owe all they have besides And therfore are bound in the defence of it to bee made MARTYRS for it And in pag. 28. he sath The Law is not onely the inheritance of every subject but also the onely security he hath for his life liberty or estate And the which being neglected or disesteemed under what specious shewes soever a great measure of infelicity if not an irreparable confusion must without doubt fall up them The meanest of which he saith p. 650. are born equally free and to whom the Law of the Land is an EQUALL INHERITANCE with the greatest Subject And that the wealth and strength of this Kingdome is in the number and happinesse of the people which is made up of men of all conditions and to whom in duty without Distinction he acknowledgeth he oweth an EQVALL Protection And he in pag. 140. 163. passeth a most superlative high commendation upon those golden expressions of Mr. John Pyms speech against the Earle of Strafford and published in print by a speciall order of the House of Commons which are That the Law is the SAFEGVARD the CVSTODY of all private interests Your honours your lives your liberties and estates are all in the keeping of the Law And without this every man hath alike right to any thing And therefore saith he the Law is that which puts a difference betwixt good and evill betwixt just and unjust If you take away the Law all things will fall into a confusion every man will become a law unto himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a law and envy will become a law covetousnesse and ambition will become lawes and what dictates what divisions such lawes will produce may easily be discerned And in this very language doth the Parliament speak in their declarations Book Declar. pag. 6. where they speak with a great deal of vehemency and bitternesse against the bold and presumptuous injustice of such Ministers of Justice as before this Parliament made nothing to breake the lawes and suppresse the liberties of the Kingdom after they by the Petition of Right c. had been so solemnly evidently declared Yet they obstructed amongst abūdance of other grievous crimes there enumerated the ordinary course of Justice which they there pag. 7. call the COMMON BIRTH-RIGHT of the Subjects of England And in pag. 38. they speaking of the Kings dealing with the five accused Members who by his Majesties Warrant had their Chambers Studies and Trunkes sealed up Which action they say is not only against the priviledge of Parliament but the common liberty of every Subject And in the same page they say His Majesty did issue forth severall warrants to divers Officers under his own hand for the apprehension of the persons of the said members which by Law he cannot do there being not all this time any legall charge or accusation or due PROCESSE of law issued against them nor any pretence of charge made known to that House whereof they were Members All which are against the fundamentall lawes and liberties of the Subject c. And in pag. 458 459. they declare That in all their endeavours since this Parliament began they have laboured the regaining of the ancient though of late yeares much invaded rights lawes and liberties of England being the Birth-right of the Subjects thereof And therefore pag. 660. they own it as their duty to use their best endeavours That the meanest of the Commonalty may enjoy their own Birth-rights freedome and liberty of the law of the land being equally as they affirm intitled thereunto with the greatest Subject And in pag. 845. they declare that to be assaulted or seised on without due Processe or Warrant is against the legall priviledge of every private man but the Prerogative-Monopolizing arbitrary-men of London as though they had an absolute Deity-power in themselves and were to be ruled and governed by nothing but the law of their own will And as though they were more absolute and soveraigne in power then either the King or Parliament divided or conjoyned dis-franchising the greatest part of the Commons of London of their Liberties Trade and Freedomes at their pleasure which is granted unto them not onely by God and the great Charter of Nature and Principles of Reason but also by the Fundamentall Lawes and Constitutions of this Kingdome by which lawes and by no other is London as well as the rest of England to be governed And therefore Arbitrary Irrationall and Illegall it is for them or any of their brother-hoods Monopolizing Corporations and Companies by the authoirty of any pretended Royall Patent Proclamation or Commission whatsoever to assume unto themselves a power to destroy annihilate and make voyd the Fundamentall lawes of the Land which yet notwithstanding they daily doe And sure I am by the Petition of Right the King of himself can neither make an oath nor impose 6 pence upon any of his people nor imprison nor punish any of them but by the Law by the Statutes of Magna Charta chap. 29. 2. E. 2.8 5. E. 3.8.9 The King shall neither by the great Seal nor little Seale disturb delay nor deferre judgment or common right And though such commandements doe come the Justices shall not therefore leave to do right in any point But yet notwithstanding they meerly by their illegall prerogative both frame oathes absolutely-destructive to the publick law of the kingdome impose arbitrary fines and illegall levies and payments of moneys and act illegall imprisonments and punishments yea and at their pleasure seise upon the goods of free-men All which is constantly practised in their Patentee-Monopolizing Companies Corporations and Fraternities So that to speak properly really and truly their Brotherhoods are so many conspiracies to destroy and overthrow the lawes and liberties of England and to ingrosse inhance and destroy the trades and Franchises of most of the Freemen of London But if it should be objected That these things are the ancient
is your proviso against this strong declared Law truly not worth a button being absolutely weaker then all the other 9 Provisoes But let us a little consider of your proviso the conclusion of which expresly saith That your Fraternitie Charters Customes Corporations Companies Fellowships and Societies and their Liberties Priviledges Powers and Immunities shall be and continue of such force and effect mark it well as they were before the making of this Act and of none other any thing before in this Act contained to the conteary in any wise notwithstanding And truly they were all of them illegall before and therefore of no force and effect as is fully proved and declared in the Preamble so that you get not the breadth of a hair either in point of benefit or power by this proviso But notwithstanding your Pattents Charters c. are not onely declared and enacted to be illegall but also your estates liable to pay treble dammages and double costs to all men that you wrong contrary to this just and excellent Law in which besides the incurring the Premunire to any that shall delay an Action grounded upon this Statute It is also enacted That no Essâ—ign Protection Wager of Law Aid Prayer Priviledge Injunction or order of restraint shall in any wise be prayed granted admitted or allowed nor any more then one imperlance And for the further illustration that the Proviso of London is under both the declaratory and penall part of this Statute seriously read and consider the strength of the five last provisoes which onely are fenced in unquestionably and you shall find their provisoes run clear in another strain to that of London viz. Provided also and be it enacted that this Act or any Declaration provision disablement penalty or other thing before in the Act mentioned shall not extend to c. and in the conclusion of their proviso the words run thus That all c. shall be and remain of the like force and effect and no other and as free from the declarations provisions penalties and forfeitures contained in this Act as if this ACT had never been had nor made and not otherwise But compare the proviso for London which is absolutely the weakest of the rest and you shall find no such words in it at all the words of which Proviso thus followe Provided also and it is hereby further intended declared and enacted that this Act or any thing therein contained shall not in any wise extend or be prejudiciall unto the City of London or to any City Borough or Towns-Corporate within this Realm for or concerning any Grant Charters or Letters-Pattents to them or any of them made or granted or for or concerning any custome or customes used by or within them or any of them or unto any Corporations or Fellowships of any Art Trade Occupation or Mystery or to any Companies or Societies of Merchants within this Realm erected for the maintenance enlargement or ordering of any Trade of Marchandize but that the same Charters Customes Corporations Companies Fellowships and Societies and their liberties priviledges powers and immunities shall be and continue of such force and effect as they were before the making of this Act which was just none at all and of no other any thing before in this Act contained to the contrary in any wise notwithstanding the Statute of 3. James chap. 6. which Statute opens and make free the trade for Spain Portugall and France with Sir Edward Cookes Coment upon the Statute of Monopolies in the 3. part of his Institut fol. 181. and his sayings upon the same subject in his Exposition of Magna Charta 2. part Institut fol. 47. is extraordinary well worth the judicious Readers serious perusall for they will give a great deale of light about these Monopolists c. But in case the Reader have not the bookes by him nor cannot furnish himself therewith without a great deal of money if he please to furnish himself with my fore-mentioned Treatise which for a very small matter he may called Innocencie and Truth justified and read the 55 56 60 61 62. pages thereof you shall finde there both the fore-mentioned Statute at large and the marrow of Sir Edward Cookes Aaguments to which I refer you But if any man shall propound the question and ask what 's the reason that the Statute of Monopolies being a Law of so great concernment to all the people of London is no plainer penned I answer according to that information that I have from every good hand and one that knowes as much of the hammering contriving and passing of that Statute as I think any one man in England doth that in the Parliament before this most excellent Law passed it was in more plainer expressions then now it is sent up to the Lords who judged it so prejudiciall to the Prerogative and divers great Courtyers that with scorne and indignation they tare it in their house and threw it over their Bar so that there was an end of it for that Parliament But it being of so much use to the Common-wealth as it was some Patrons thereof in the next Parliament set it on foot again and prosecuted it very close but judging it impossible purely without clogs to passe the Lords and if it did passe the Lords yet they feared it would stick at the King and therefore put in some colourable provisoes which not one in a hundred could rightly understand but it coming into the Lords house with the provisoes much all alike the subtle crafty Attorney Generall then Sir Thomas Coventry late Lord-Keeper presently found out the fallacie and being put upon it by his Master the King strengthened the five last provisoes as they are which principally served his turn and beating then a good-wil to the Common-wealth and the Law of the Kingdome passed by that proviso of London c. that so the Act might be as beneficiall for the Kingdom as possible it could bee got to be then and to be the promoters of that Statute were willing to please the King and his Courtiers in admitting the five last provisoes having gained London c. being the main and principal of all the rest rather then not to have it passe at all which then it was impossible to do without them and therefore there was an extraordinary great necessity to pen it so ambiguous doubtful as it is not only for casting a mist over the Citizens eyes as indeed they have done it excellently well who if it had been plain perspicuous and easie to their understandings would have interposed with all their might and strength and if they could not have prevailed to stop it in the House of Commons would have gone near to have bribed all the Courtiers about the Court in which practises they are very well versed before it should have passed either with the Lords or King Now seeing the Patentee-Monopolizers are so pernicious and destructive to the lawes and liberties of England as by
nature no man can binde me but by my own consent neither do I see how in reason or conscience it can be expected from you to pay any taxes c. but that the whole charge that is layd upon this City should totally be borne by the Aldermen and the Livery men till you be actually put in possession and injoy your equall share in the lawes liberties and freedoms thereof as by the law of nature reason God and the land yea and your own antient and originall Charters the meanest of you ought to do as fully and largely in every perticuler as the greatest of them And now I am upon this theame I will make bold humbly to propound or declare to the consideration of the Parliament an insufferable injury and wrong that is done unto thousands of the freemen of England by vertue of Prerogative Charters and corporations and the restrictive and unjust statute of the 8. H. 6. chap. 7. First by Prerogative Charters the King makes corporations of what paltery Townes he pleaseth to chuse two Burgâ—sses for the Parliament in diver of which a man may buy a Burgesship for 40. or 50. l. and in some of which is scarce 3. legall men to be found according to the Statute of 8. H. 6 7. that is to say men that are worth 40. s. in land by the yeare above all charges and in others of them are scarse any but Ale-house-keepers and ignorant sots who want principles to chuse any man but only those that either some lord or great man writes for and recommends or else one who bribes them for their votes and this undenezing of those Corporations is an undenezing to all the towns and villages adjacent in which live thousands of people that by name are free-men of England and divers of them men of great estates in money and stock which also also are disfranchised and undenezed by the fore-mentioned unrighteous Statute because they have not in land 40. s. per annum and so shall have no vote at all in chusing any Parliament man and yet must be bound by their Lawes which is meer vasalage and besides unrighteous it is that Cornwall should chuse almost 50. Parliament-men and Yorkeshire twice as big and three times as populous and rich not half so many and my poor Country the Bishoprick of Durham none at all and so indeed and intruth are meer vassals and slaves being in a great measure like the French Peasants and the Vassals in Turkie but the more fooles they for I professe for my part I would lose life and estate lived I now in that Country before I would pay 6. d. taxation unlesse it might enjoy the common and undeniable priviledge in chusing as others and all the Countries in England besides do Knights and Burgesses to sit and vote in Parliament the greatest hinderer of which at the present I judge to be old Sir Henry Vane the Vaine and unworthy Lord Lieutenant thereof who hath done more mischiefe to that poor Country by his negligence if not absolute wilfulnesse perfidiousnesse and treachery the discovery of which you may partly read in the 19 20 21. pages of Englands Birth-right and which I understand is likely shortly more fully to be anatomized if he turn not the more honester and juster speedily by them or him that to the death will avouch it then his life and estate can make satisfaction And therefore me thinks it were a great deale of more Justice and Equity to fixe upon the certain number of the men that the House of Commons should consist of at 500. or 600. or more or lesse as by common consent should be thought most fit and equally to proportion out to every County to chuse a proportionable number sutable to the rates that each County by their Bookes of Rates are assessed to pay towards the defraying of the Publique charge of the Kingdome and then each County equally and proportionable by the common consent of the People thereof to divide it selfe into Divisions Hundreds or Wapentakes and every Division of and within themselves to chuse one or more Commissioners to sit in Parliament sutable to the proportion that comes to their share which would put an end and period to all those inconveniencies that rarely happen which are mentioned in the foresaid Statute of the 8. H. 6 7. and restore every free-man of England to his native and legall rights and freedomes Oh! that England might enjoy this peace of pure Justice the which if it do not the free-men thereof may blame themselves But now to return back to the City and its prerogative-Monopolizers who and their predecessors I may justly say have been main and principall Instruments of all Englands woe and miserie as I dare pawn my life upon it cleerly justly and rationally to demonstrate for what hath brought all the present wars upon us but the unjust swelling of the Prerogative beyond the just Bounds of the known and established Law and who hath put the arbitrary commands therof in execution but principally the Monopolizing Citizens as in hundred of particulars might cleerly be evidenced and furnished the King from time to time and year to year with vast sums of money to supply his extravagancies and the extravagancies of his extravagant Courtiers which did inable him to break off former Parliaments at his pleasure and to keep them off so long till this poor Kingdome with oppression and injustice was almost destroyed And sure I am if the King had found none to obey or put in execution his illegall commands our former miseries and these present warres had never been and impossible it would have been for the King to have kept off Parliaments so long as he he did if these men and their predecessors had not been beginning originall and ill presidents illegally from time to time for their own particular ends and advantages to supply his necessities with vast summes of money yea I have heard it from very good hands of solid and substantiall Citizens That after the breaking up of the Parliament in the third of this King the Corporation of MERCHANT ADVENTVRERS freely and voluntarily without any compulsion made a most unjust and England-destroying and inslaving order in their Company TO PAY VNTO THE KING CVSTOMES c. for all their Merchandise contrary unto law and the liberties of England Yea and in affront of the late or most excellent Parliament that had made the Petition of Right by which all royall impositions and levies whatsoever are damn'd and not onely enacted but also declared to be against the Fundamentall lawes of the kingdom and yet I never heard of any of these men whose life and estate was made a just sacrifice there-for although to my understanding they as much if not more deserve it then the Earle of Strafford But contrary to their deserts divers of the Grandees of this very Monopoly and illegall Corporation are become the great Treasurers of the kingdomes money both in the
can be taken arrested attached or imprisoned but by due processe of law and according to the law of the land these conclusions hereupon doe follow First that a Commitment by lawfull warrant either in deed or in law is accounted in law due processe or proceeding of law and by the law of the land as well as by processe by force of the Kings Writ Secondly That he or they which doe commit them have lawfull authority Thirdly That his warrant or MITTIMVS be lawfull and that must be in writing under his hand and seale Fourthly The CAVSE must bee contained in the WARRANT as for Treason Felony c. or for suspition of Treason or Felony c. Otherwise if the MITTIMVS contain no cause at all if the prisoner escape it is no offence at all Whereas if the MITTIMVS contained the cause the escape were Treason or Felony though he were not guilty of the offence And therefore for the Kings benefit and that the prisoner may bee the more safely kept the MITTIMVS ought to contain the cause Fifthly the Warrant or MITTIMVS containing a lawfull CAVSE ought to have a lawfull CONCLVSION Viz. and him safely to keep untill he be delivered by Law c. and not untill the party commiting doth further order And this doth evidently appeare by the Writs of Habeas Corpus both in the Kings Bench and Common Pleas Exchequer and Chancery which there Hecites But Mr. Briscoe I am a legall man of England who in all my actions have declared a conformity to the lawes thereof and have as freely adventured my life for the preservation of them as any Lord in the Land whatsoever he be hath done And besides I have to doe with those very LORDS that have stiled themselves The Conservators of the Lawes and Liberties of England and wish in their printed Declarations the plague and vengeance of heaven to fall upon them when they indeavour the destruction and subversion thereof And therefore I expect in every particular to be dealt with according to Law my inheritance and the inheritance of all the free Commoners of England and not otherwise and my life and blood I will venture against that man what-ever he bee that shall attempt the contrary upon me for the Free-born men of England yea the meanest of them can neither by the command of the King nor by his Commission nor Councell nor the Lord of a Villain can or could imprison arrest or attach any man without due processe of law or by legall judgement of his equalls viz. MEN OF HIS OWN CONDITION or the Law of the Land against the forme of our defensive great Charter of Liberty Nay in old time a Pagan or an Heathen could not be unjustly imprisoned or attached or arrested without due processe of Law as appeares by the Lawes of King Alfred Chap. 31. and consonant to this doctrine and that forementioned in the Parliaments Declaration is the judgment of Sir Edward Cook in the 186 187. pages of the 2. part of his Institut and which was so resolved for Law as hee there declares 16. H. 6. and yet notwithstanding all the discourse I had with Briscoe the Sheriffes Clerk of Newgate about 9 a clock at night the Sheriffes the next morning sent 30. or 40. of their Varlets that wait upon the Theeves and Rogues and the Hang-man to Tyburn to carry me by force nolens volens to the Lords Bar those Vsurpers and Incrochers to receive my most illegall unjust barbarous and tyrannicall sentence My third reason is because I have not only been so evilly and unjustly dealt with this year by the Sheriffes of London but also the last year by the Lord Major of London Alderman Atkins and Mr. Glyn Recorder thereof when I was committed to Newgate by the House of Commons for what to this day I doe not yet know yet Mr. Glyn so thirsted after my blood that as I was from very good hands credibly informed he was a main stickler to get an Order to passe that House to have me tryed at the Sessions of Newgate for my life saying as I am told in the house to some members thereof turn him over to me and I will hamper him to the purpose of which when I heard it was not for me to sit still and therefore I got published certain Quere's to state my case in one side of a sheet or paper the substance of which you may read in a printed Book called Englands Birth-right And what was the issue of that businesse you may fully and truly read in my fore-mentioned answer to Mr. Pryns notorious lyes falshoods and calumnies especially in pag. 28 29 30 31 32 33 34. to which I refer the Reader And then secondly there was a false and base report raised spread and divulged by Mr. Pryn and some other of my bitter Presbyterian Adversaries those bloudy cozen-Germans to the persecuting Bishops meerly to make me and my friends odious to the people that so instead of enjoying a legall tryall and the benefit of the Law our common Inheritance we might by the rude multitude be either stoned to death or pulled in pieces which report was that I had conspired with other Separates Anabaptists to root out the Members of this Parliament by degrees beginning with Mr. Speaker whom if we could cut off as Pryn saith it in print in his book called The Lyar cōfounded all the rest would follow and if this succeeded not then to suppresse cut off this Parliament by force of Arms set up a new Parliament of our own choice faction my answer to which abominable false charge you may read in my fore-mentioned answer to him pa. 35. And there running divers of his Authentical witnesses and Creatures little better then Knights of the Post up and down London and at last one or more of them came into Houndsditch to one Mr. Rogers c. to insnare him and told him of the plot but he like a wise man apprehended him by a Constable and carryed him before the then Lord Major who dealt neither faire honestly nor justly with me nor them no nor with the Kingdome c. But in regard it may at a distance touch upon some present Member or Members of the House of Commons with whom I do ingeniously confesse I have no desire at all to contest I cease it though it was as mischevous a plot against me as ever in my life was contrived against mee and which had come out to the bottome if my Lord Major had been as just and honest as a righteous Judge ought to be and had not been so full of prerogative-principles as to feare Man more then God My fourth reason is because I have not only been robbed of my trade by the monopolizing Merchant-Adventurers and so evilly hardly and unjustly dealt with by the late Lord Major the two Sheriffes and tho Jaylors of Newgate all Mr. Recorders pride and malice all prerogative Officers in London but also have
customes and practices of the Grandees of London and therefore by prescription of time are become lawes thereto I answer Course of time amends not that which was nought from the beginning And that which was not grounded upon good right and found reason is not made good by continuance of time And therefore to give a definition of the Lawes of England as it may be proved out of the workes of the best and most conscientious Lawyers thereof It consists of the ancient constitutions and modern acts of Parliament made by the States of the Kingdome but of these onely such as are agreeable to the word of God and law of Nature and sound Reason Or the Fundamentall Law of the Land is the PERFECTION of Reason consisting of Lawfull and Reasonable Customes received and approved of by the people and of the old Constitutions and modern Acts of Parliament made by the Estates of the Kingdome But such only as are agreeable to the law Eternall and Naturall and not contrary to the word of God For whatsoever lawes usages and customes not thus qualified are not the law of the land nor are to be observed and obeyed by the people being contrary to their Birth-rights and Freedomes which by the Law of God and the great Charter of Priviledges they ought not to be And therefore Sir Richard Empson and Edm. Dudley Justices of Peace were both hanged in Henry the eighths dayes for putting in execution severall illegall practices grounded upon an unjust law made in the 11. H. 7. chap. 3.1 which as honorable Sir Edw. Cook saith was made against and in the face of the Fundamentall Law of the great Charter 2. part Instit fol. 51. And just it was they should be thus dealt with because it is honorable beneficial and profitable for the Common-wealth that guilty persons should be punished lest by the omission of the punishment of one many men by that ill example may be encouraged to commit more heinous offences And excellent to this purpose is that saying of the Parliament which I desire they may never forget Book Declar pag. 39. which is That they are very sensible that it equally imports them as well to see justice done against them that are criminous as to defend the just rights and liberties of the Subjects and Parliament of England And therefore pag 656. they call the execution of the law the very life and soule of the law as indeed it is without which it is but in truth a dead letter and a sencelesse block But woe unto you prerogative Patentee-Citizens if the Law shall be executed upon you I professe I will not give three pence for an hundred of your estates for all the greatnesse rhereof what-ever become of some of your liberties or lives which many of you have hitherto preserved by bribes and other indirect courses Witnesse some of you in a joâ—nt fraternity like brethren in evill giving above threescore thousand pounds at once for a bribe in the dayes of the Councell-Table to preserve you from Law and Justice and to destroy the Law and to buy and rob your fellow-Citizens as free as your seâ—ves of their liberties franchises trades and livelihoods Read the Discourse for Free Trade Onlye worse then high-way men pick-pockets housebreakers who now would fain transform your selves into Angels of light like your old wicked Father become godly Presbyters that now-sprung-up Sect and Heresie in England whose Lordlinesse and pride was long since as Heathenish and Genâ—ilisme condemned by Christ and his Apostles and zealous Covenanters which you make your stalking horse to disfranchize all honest and tender conscience men that cannot take that impossible to be kept and double-faced Covenant the greatest make-bate and snare that ever the Divell and the Clergy his Agents cast in amongst honest men in England in our age which I dare pawn my head and life so to prove it to be in a fair publike discourse against the greatest maintainer thereof in England But alas If it were ten times worse your wesons are wide enough to swallow it down and your consciences large enough to disgest it without the least danger of vomiting But I hope the true faithfull and just God of Heaven and Earth will raise up heroical Instruments to unvaile and unmask you and bring about wayes means enough for all your jugling and machivel-like endeavours to divide the peoples affections each from other about those unhappy names of Independents and Presbyters to bring you to condigne and just deserved punishments before you have fully sadled and bridled them and made them fit to be rid by you as slaves And therefore for the further discovery of you I judge it not amisse here to insert that excellent Petition of Mr. William Sykes and Thomas Johnson delivered in writing first to the house of Commons and then in print to the Members thereof which thus followeth To the Honourable the Knights Citizens and Burgesses of the Commons House in Parliament Assembled The humble Petition of William Syeks and Thomas Iohnson Marchants on the behalfe of themselves and all the freemen of England Sheweth THat whereas divers Marchants in the 21. year of the Raign of Queene Elizabeth under the great Seal of England obtained a large and illegall Charter of incorporation for them and their Company to use the traffique and seat of Marchandize out and from any of Her then Majesties Dominions through the Sound into divers Realmes Kingdoms Dominions Dukedoms Countries Cities and Townes viz. Norway Swethiâ— Poland c. Whereby none but themselves and such as they shall think fit and for such fines and compositions as they shall impose shall take any benefit by the said Charter disfranchising thereby all other the free-borne people of England who during the time of all these warres have been in divers respects greatly charged for the defence of this present Parliament the lawes and liberties of their native Country and therefore ought indifferently to enjoy the benefit of the good lawes franchises and immunities by Magna Charta established which great Charter hath been ratified by 31. sessions of Parliament as also this present Parliament being bound by protestations oaths and covenants to maintaine the same by reason whereof and other illegall monopolies they are debarred from that free inlargement of common traffique which the Kingdoms of Scotland and Ireland do enjoy the same being destructory to their laudable liberties and priviledges the fundamentall lawes of the Land to the manifest impoverishing of all owners of ships masters mariners clothiers tuckers spinsters and multitudes of poore people besides the decrease of customs the ruine and decay of navigation together with the abating the price of our wools cloth stuffe and such like commodities arising and growing within this Ralm and the inhauncing of all commodities imported from those forraign parts by reason of the insufficiency of the merchants they being few in number and not of ability to keepe the great store
of our ships and sea-faring men a work and to vend our native manufactories and likewise by reason that those forraign commodities are in few mens hands much hurt and prejudice hath redounded to every private or freeman of this Kingdom and tendeth to the ruine of the constitutions thereof Your Petitioners most humble suit is that the charter and monopoly of the Eastland-merchants the charters and monopolies of the merchant Adventurers Turkie-marchants Greenland-marchants Muscovia-merchants c. upon mis-informations and untrue pretences of publike good so unduely obtained and unlawfully put in execution to the great grievance and inconvenience of the free Denizons of this Realm contrary to the great Charter and divers other statutes of former Parliaments viz. the 12. H. 7 the 3. Jac. which was made for the overthrow of the Spanish Corporation c. the Petition of Right the act made for the abolishing of the Star-Chamber in this present Parliament in which our liberties and freedoms are confirmed may be as indeed they are declared to be contrary to law and to be utterly void and of none effect and in no wise to be hereafter put in execution and this we are the rather imboldened to crave for that the Parliament in the 3. Car. by the Petition of Right and this Parliament by the act for abolishing the Star-Chamber have confirmed the statute of tallage made in the 34. of Edw. 1. whereby in the 4. chaptar it is enacted that we shall have our lawes liberties and free customs as largely and wholly as we or our ancesters have used to have the same at any time when we had them at the best and if any statute hath been made or any custome brought in contrary to them that such manner of statutes and customs to be void and frustrate forevermore and by another statute of the 25. Edw. 1. yet in force and unrepealed It is enacted that if any Iudgement be given contrary and against the subjects liberties confirmed by Magna Charta by any Iustices or by any other Ministers that hold plea before them the same shall be undone and holden for nothing all which your Petitioners doubts not but you will grant and confirme and no more subject your Petitioners to those law-destroying monopolizers but that free trade and traffique may be restored in all points according to law as of right it ought to be these Corporations called to a strict account for all their wrongs and oppressions and reparations made to the parties grieved as shall be agreeable to justice the life and soule of all well-governed Common wealths that all men hereafter to succeeding generations may be terrified from making inchroachments upon the common liberties and freedoms of the people And your Petitioners shall ever pray c. William Sykes Thomas Johnson March the 4. 1645. And I doe hereby exhort all my fellow-Citizens that have been denied and prohibited by you to follow their trades and vend their goods seriously to read over the Statute of Monopolies made 21. James chap. 3. and seriously with the best advice and counsell they can get consider thereof and I believe they will by it finde your practises to be against the Fundamentall Laws of England and your selves liable to pay treble dammages and double costs to every man that shall ground his action upon this Statute and sue you at common-common-law for hindering grieving disturbing or disquieting or his or their goods or chattels any way seizing attaching distraining taking carrying away or detaining by occasion or pretext of any Monopoly or of any such CoÌ„mission as in the Declaratory-part of this Statute is mentioned grant licence power liberty faculty Letters-Pattents proclamation inhibition restraint warrant of assistance or other matter or any thing tending as aforesaid And for the incouragement of all those that sue upon this most excellent Law it is enacted in the body thereof That he that delayes an action grounded upon this Statute incurs a Praemunire according to the Statute of the 16. R. 2. chap. 5. But if you shall think that you are free by reason of the 5. proviso therein contained I believe you are meerly cuzoned for if you read the Preamble or Declaratory-part of the Statute you shall find it there declared That all grants of Monopolies and of the benefit of any penall Lawes or of power to dispence with the Law or to compound for the forfeiture are contrary to Law So that thereby it appears the antient fundamentall known law of the Land is absolutely against Monopolists so that this Statute is no new law but a declaration and confirmation of the old and just law of the Land which makes the Statute the more stronger but least it should in future time by any scrupulous or cautious Judge be questioned whether it bee a true Declaration of the Law Therefore to make it strong without staggering it is not only declared to be law but it is enacted to be so and that by all the estates in a free and peaceable time which makes it as firme and sure without the least flaw in the world as it is possible for any humane law to be made And therefore for the avoyding and preventing of the like mischiefs in future time as had happened in the Kingdome in times past to the great grievance and inconvenience of the people May it please your most excellent Majesty at the humble suit of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled That it may be declared and enacted And be it declared and enacted by authority of this present Parliament That all Monopolies and all Commissions Grants Licences Charters and Letters Pattents heretofore made or granted or hereafter to be made or granted to any person or persons bodies politike or corporate whatsoever of or for the sole buying selling making working or using of any thing within this Realme or the Dominion of Wales or of any other Monopolies or of power liberty or faculty to dispence with any others or to give licence or toleration to doe use or exercise any thing against the tenour or purport of any Law or Statute or to give or make any Warrant for any such dispensation licence or toleration to be had or made or to agree or compound with any others for any penalty or forfeitures limitted by any Statute or of any Grant or promise of the benefit profit or commodity of any forfeiture penalty or summe of money that is or shall be due by any Statuâ—e before judgment thereupon had and all Proclamations Inhibitions Restraints Warrants of Assistants and all other matters and things whatsoever any way tending to the instituting erecting strengthening furthering or countenancing of the same or any of them are altogether contrary to the Lawes of this Realm and so are and shall be utterly void of none effect and in no wise to be put in ure or execution Now I pray tell me ye Monopolizers of London of what strength validity or authority
Custome-house and Excise contrary to law right equity and conscience which action of the Parliaments in putting them into those a grand places loseth the Parliament more in the affections of thousands of honest people and will if not speedily prevented make a greater breach in the peace of this distressed kingdome then all their estates confiscated will repay For people doe already very much murmure and begin privatly to question the intentions of the Parliament in reference to these men and many begin to say that this demonstrates unto them that they shall but only have a change of Masters and not of their Bondage slavery and oppression seeing such Varlets Vipers Pests enemies and destroyers of the lawes and liberties of England imployed in the great Places of the kingdom who must needs act according to their old and corrupt principles and drive on their habituated and destructive designes against the weale peace trade and tranquillity of this poore bleeding kingdome And if say the people these worst of men who eat up mens trades and livelihoods and so suck their bloods as Sir Edward Cook in his forementioned discourse well observes and destroy men and this poore kingdome with a secret destruction shall possesse the Custome-house are they not enabled thereby to curb every Merchant that hath any Principles in him for the lawes and freedomes of England are they not enabled hereby to send their agents creatures and servants to all the Ports and Sea-townes of England where they have an influence into the elections of all the Burgesses that in any of them are chosen to sit in Parliament By means of which we may have say they wickednesse bondage slavery and all kind of Monopolies established by a Law and then our last error will be worse then the first and all our money blood and fighting shed and spent in vain And have not the Excise-men the same power in every particular in their hands likewise For can they not yea doe they not sit upon the skirts of every man that hates and opposes their tyrannizing and monopolizing wayes And doe they not authorize and send their Sub-commissioners c. into all the Counties and Corporations in England where they have the same influence into all elections that their brethren at Custome-house have in Sea-ports and Havens Nay these Blades strengthen their interest and make it double Threfore look about you Gentlemen before it be too late For sure I am were it not for those unhappy unnaturall and irrationall divisions that these men with the help of their Monopolizing brethren the Clergy have made amongst us I am assuredly and confidently perswaded that neither the King nor the Scots nor yet the unjust Lords would be so high in the Instep as they are which is like to beget a new warre again For shame therefore unite in affection though you cannot in judgement in matters of Religion and study and stand for your common interest lawes and liberties and take heed the French come not creeping in at a back doore For they have already got Dunkirk and so are furnished with a good Harbor and store of shipping from whence with a faire wind they can in 6 or 8 hours land in the coasts of Kens Essex Suffolk or Norfolk Therefore beware of those two dangerous places Lin the Isle of Lovingland hard by Yarmouth therefore up and as one man to the Parliament with a Petition to displace all those Monopolilizeâ—s and to put honest Englishmen into their places that love the Fundamentall lawes and the common and just liberties of the Nation And also desire the Parliament to reduce the publick treasure of the kingdom into the cheap publick and old good way of the kingdome The Exchequer for these obscure clandestine wayes of these mens receiving and paying moneys is not safe nor profitable for the kingdome if you will beleeve Mr. John Pyms Speech made at the Barre of the House of Peeres against the Duke of Buckingham which is a most excellent speech And also desire the Parliament not onely to remember but also cordially heartily and really to put in execution their selfe-denying Ordinance that they themselves may be examples of self-deniall to all the men in the kingdome For a hard matter is it for any Parliament-man what-ever he be in such times of distresse as these are wherein Souldiers that have ventured their lives for eight pence a day to save both the Parliament and the kingdome and many poore Widowes and fatherlesse children that have lost their husbands and Fathers in the warres and are now ready to sterve and perish for want of bread and yet cannot get their small arreares And when the kingdome is reduced to that poverty that Excise and Taxes must be laid upon poor men that have wives children and families and nothing to maintain them with but what they earn with the labour of their lands and the sweat of their browes and yet then for c. to have great places of 1000. l. 1500. l. or 2000. l. per annum and the salaries and stipends of them paid out of the publick stock when they are able to live in pomp and gallantry of themselves besides and it is possible to get honest faithfull and experienced men that have ventured life and all for the common wealth to officiat in those places as well if not better for 100. l. or 150. l. or 200. l. per annum let such men if there be any professe what honesty or Religion they wil l I professe seriously that to me such actions at such a time as this are cleare demonstration to me that such men have neither honesty Christianity nor Religion but meerly make them pretences for their own unworthy ends And this Parliament being now a standing Parliament and like so to continue it is very hard that the Lawyers thereof should run from Bar to Bar to plead causes before Judges made by themselves who dare not easily displease them for feare of being turned out of their places by their meanes Sure I am well and conscienciously to officiate the single place of a Parliament man is enough for one But to return again to the Monopolizers the endevourers contrivers of Englands destruction If Alex. Archb. of Yorke and Rob. de Veere Duke of Ireland c. deserved to be prosecuted as traytors for but endeavouring at the Kings coÌ„mand to destroy certain members of both Houses How much more doe these law-and-kingdome-destroying Monopolizers deserve the same that have not onely endevoured the destructions of some Parliament-men but also the very Being of all Parliaments themselves and so by consequence the whole kingdome Sure I am if the Commonalty of London will carefully peruse their own ancient and just Charters they shall find That they within themselves have power enough not onely to disfranchise all these Monopolizers but also all other freemen of London that shall endevour the destruction of their ancient fundamentall and just Freedomes Liberties and
Londons Liberty In Chains discovered AND Published by Lieutenant Golonell JOHN LILBURN prisoner in the Tower of London Octob. 1646. JER 22.15.16.17 Shalt thou reign because thou closest thy selfe in Cedar Did not thy Father eat and drinke and doe judgement and justice and then it was well with him He judged the cause of the poore and needy then it was well with him was not this to know me saith the Lord But thine eyes and thine heart are not but for thy covetousnesse and for to shed innocent blood and for oppression and violence to doe it Therefore thus saith the Lord concerning Iehoiakim the sonne of Iosiah King of Iudah They shall not lament for him saying Ah my brother or ah my sister they shall not lament for him Ah Lord or ah his glory IT is to be obsebserved That the illegall election of great Ministers and Officers for the administration and execution of Justice and where the people have been and are deprived of this their just right and liberty there have ever all actâ—ons and practises of injustice and oppressions abounded Freedome and Liberty being the onely Jewels in esteem with the Commonalty as a thing most pretious unto them and meriting that men should expose themselves to all danger for the preservation and defence thereof against all tyranny and oppression of what nature and condition soever For prevention therefore of these mischiefes and miseries which through evill government of magistrates by their injustice and other oppressive practices doe usually fall upon Kingdomes and Cities And for that all lawfull powers reside in the people for whose good welfare and happinesse all government and just policies were ordained And forasmuch as that government which is violent and forced not respecting the good of the common people but onely the will of the commander may be properly called Tyranny the people having in all well ordered and constituted Comon-wealths reserved to themselves the right and free election of the greatest Ministers and Officers of State Now although the tyranny whereby a City or State oppresseth her people may for the present seem to be more moderate then that of one man yet in many things it is more intollerable And it will clearly appeare that the miseries wherewith a Tyrant loadeth his people cannot bee so heavy as the burthens imposed by a cruell City Therefore all free Cities lest their government should become a tyranny and their Governours through ambition and misgovernment take liberty to oppresse and inslave the people to their lusts and wils have in their first Constitutions provided that all their Officers and Magistrates should be elective By Votes and Approbation of the free people of each City and no longer to continue then a yeare as the Annuall Consuls in Rome By which moderation of Government the people have still preserved their ancient Liberty enjoyed peace honour and accord and have thereby avoyded those calamities incident to people subjected to the Lawes and Arbitrary Dominion of their insulting Lords and Magistrates or Masters of all which this Honorable Citie and Metropolis of this Kingdome upon the first erecting of this Island into a Monarchy or Kingdome by that valiant wise and victorious Prince Alfrede who first freed the Land from under the Danish yoke and slavery under which it had a long time groaned did with the approbation of their King and States then assembled in Parliament for their well-being and more peaceable good government agree and by a perpetuall law ordaine That all their Governours and Magistrates should be Annuall and Elective by the free votes of the free men of the Citie Then and Yet called by the Names of Barons and Burgesses of London as appeares by their generall Charters of Confirmation of their Liberties by severall Princes before and since the Conquest although in processe of times their Titles and Names of their Offices bee changed yet the power and right of election still remains and ought to continue in the body of Commonalty and not in any particular or select persons of any Company or Brotherhood whatsoever And for illustration and more cleare manifestation hereof I need none other Evidence or Proofe then the Charter of King John granted to the Citizens before the Incorporation of any Company The first Company that was incorporate about the yeare of our Lord 1327. being more then an hundred yeares after the date and grant of the aforesaid Charter which hath been since by sundry Kings and Parliaments confirmed Their Charter I have here set down at large which compared with the Protestation will make good your right and Justifie your claime to vote In electing the Major of this Citie The Charter IOhannes Dei gratia Rex Angliae Dom. Hiberniae Dux Norman Aquitania Comes Anjou Archiepisc Episcop Abbatis Com. Baron Justic Vic. Prapositis omnibus Ballivis fidelib suic Salutem Sciatis nos concessisse praesenti Charta nostra confirmassa Baronibus nostris de London quod eligant sibi Majorem de seipsis singulis annis qui nobis sit fidelis discreâ—us idoneus ad regimen Civitatis ita quod cum electus fuerit nobis vel Justic nostro si praesentes non fuerimus praesentetur nobis Juret fidelitatem quod liceat eis ipsum in fine Anni amovere alium substituere si voluerunt vel eundem retinere Ita tamen quod nobis ostendatur idem vel Justic nostr si praesentes non fuerimus Concessimus etiam eisdem Baronibus nostris hac Charta nostra confirmavimus quod habeant bene in pace quiete integre omnes libertates suas quibus hactenus usi sunt tam in Civitate quam extra tam in terris quam aquis omnibus aliis locis Salva nobis Chamblengeria nostra Quare volumus firmiter praecipimus quod praedicti Barones nostri Civitatis nostrae London eligant sibi Majorem singulis Annis de seipsis praedicto modo quod omnes praedictas Libertates c. bene in pace habeant sicut praedict c. Testibus c. Anno regni decimo sexto JOHN by the grace of God King of England Lord of Ireland Duke of Normandy Aquitain and Earl of Anjeou To his Arch-Bishops Bishops Abbots Earls Barons Justices Sheriffes Stewards and all his Bayliffes and faithfull Subjects greeting Know ye rhat We have granted and by this present Charter have confirmed to our Barons of London That they may chuse to themselves every year a Maâ—oâ— of themselves who is faithfull to Us being discreet and fit for government of the City So that when he shall be chosen he be presented to Vs or to Our Justice if We be not present and swear to Us fidelity and that it may be lawfull for them at the end of the Year to remove him and and appoint another or retain him if they please yet so as the same be shewed to Us or to Our Justice if Wee bee not present Moreover We have granted
to Our said Barons and by this Our Charter have confirmed that they may wel and in peace quietly and fully have and enjoy all the Liberties which hitherto they have used as well in the City as without in the Land as in the Waters and in all other places saving to Us Our Chamberiege Wherefore We will and firmly command that Our said Barons of Our City of London may yearly elect a Major of themselves after the aforesaid manner and have and enjoy well and in peace wholly and fully all their said Liberties with all things appertaining to the same aforesaid Witnesse c. in the 16. Year of Our Raign Wherein is fit to be observed 1. That all the Free-men of London be all and every of them Barons being so intituled and ordained by the Kings Grant or Charter 2. That every of them hath his free Vote in the election of their Major 3. That they have liberty to chuse any Baron or Burgesse from amongst themselves without restriction or reference to any particular person or persons or to any other Fraternities of Aldermen Cōmon-Councell men or any other particular Gown or Livery-men only so as he be faithfull discreet and such as they judge fit to govern 4. That no Major may continue in office above one year without a new Election 5. That Aldermen were likewise eligible by the Commonalty and but to continue for the yeare Patent 22. Edw. 2. No 2. Cook 2. Part Institutions fol. 253. 6. Sheriffes are only eligible by the Barons or Burgesses of the City as appeareth by by the Charter of Henry the 3. made in the 11. Year of his Raign confirmed after by Henry the 5. Charta de 2. Hen. 5. Part. 2. No. 11. But of late yeares the Aldermen and Common-Councell of this City by their power and policy have invaded your rights and just priviledges and contrary to the fundamental Law of the Land the antient customs of the City most injuriously have betrayed the trust reposed in them spoiled you of your Liberties taken upon them of themselves with some selected Companies without the free vote the rest of the Barons or free Burgesses the Commonalty of this City the sole Power Government of the City changing and altering your Lawes and Customes at their pleasure and chusing of Majors and Sheriffes such and whom they pleased hindering and prohibiting all others who ever had the like equall right and interest with them to have their Votes in the choise and election of the Major and Sheriffes Whence have ensued many calamities and miseries even to the indangering of the utter overthrow and desolation of this most famous and honourable City of Europe being wholly disfranchised of those liberties and immunities which even the meanest Burrough or Corporation in England now enjoyeth Hence by their craft and policy have so many Monopolies and Pattents under pretext of publike good been brought in and set up to the ruining of thousands and great decay of Trade Traffique bringing in and countenancing of Arbitrary Lawes and unlimited Power and Government and whereby Tyrannie Injustice and Oppression have without controle been exercised and practised by these your late Governours and Rulers as well as by those your former Governours and Magistrates not by the Commonalty Were not the Land-Money Ship-money and many other illegall Taxes and Impositions with rigour and force exacted of you Citizens by these your illegall Governours Were not many of you free Barons of this City for refusing to pay those exactions and to part with your estates by such illegall tyrannous courses imprisoned by these your Governours thus illegally forced upon you without your own free Election Were not the cruell Edicts and bloudy tyrannous Decree of the Star-Chamber High Commission and Councell-Table withall readinesse in a compulsive Torrent executed Nay to reckon up in particular the severall cruelties exactions oppressions insolencies violencies and the illegall practises and proceedings of these your Magistrates and their subordinate Ministers would require a particular Tractate which I rather desire might be buried in Oblivion by a timely restauration of you to your antient and just freedomes in electing your own Officers But if still you be denied Justice and may not enjoy your due and accustomed priviledges I shall be occasioned to remonstrate at large and in particular set forth your severall heavy burthens harsh dealings great grievances and severall incroachments upon your Franchises how and by whom your Rights and Liberties have been invaded and how you are inslaved that were and are or at least of Right ought to be free Burgesses and Barons but now captivated to the Lawes covetous Lusts and the Arbitrarie unlimitted power and dominion of your illegally imperious lording Magistrates Therefore for the present I will insist only upon the manner of the election of your now new Lord Major The Narrative whereof will fully discover how much the Barons of this City suffer and that by their long forbearance or rather neglect to own and claime their just priviledges and immunities if they stoutly stand not up and resolve to be no longer robbed and spoyled of their Birth-right and Inheritance They are and wil be then in danger to be reduced into a condition worse then ever any of your Progenitors were under the Bastard Norman Bondage For indeed you Citizens are but free-men in name as in truth this your giving up your selves to the power and government of men without your free and publike choice and approbation demonstrates and therefore truly you can be accompted none other then meer slaves to your thus elected Governour◠as the rest of the whole Nation is become unto Lawyers Attornies Clerks Solicitors and cruell Jaylors and such instruments of contentions by whom the peace and flourishing State of this Kingdome is quite devoured and the people wholly inslaved to their wills for truth hereof I appeal to all the Inhabitants of every countie throughout this Kingdome whose estates purses and persons have for these many score of years groaned under the inhumane burden thereof all which is farther demonstrated unto us all the Inhabitants of this Land by the still continued frequent unjust and illegall Commitments of your fellow-Citizens and all the free Commoners of England to the severall murthering-houses stiled Prisons in this Kingdome aboundnig in cruelty murther and oppression being most wickedly and powerfully countenanced and supported by their Potent Adherents I have shewed you how by right the meanest Baron of this City of London by their Charter hath as good right to have his vote in the Election of the new Major and other the subordinate Officers as the Lord Major or any Aldermen for the time being with their Golden Chaines Notwithstanding this undoubted Right be acknowledged yet is it denied to the people upon bare surmises and vain pretences of danger by tumults and disorder if the same should be yeelded unto which in truth is but a poor allegation and frivolous excuse The vanity
Grave signifieth the Governour safe Keeper of the City or Town gates in the election of their Porte Graves In whose place and office the Major succeeded as appeareth by the Charter of King John granted in the sixteenth yeare of his Raigne where hee granteth to the Citizens Liberty and Authority to chuse yearly a Major out of themselves Cook the 4. Part Institut fol. 253. Printed by Authority of this present Parliament Which Custome of Election of Majors by majority of voyces of the Free-men and Commoners of the City agreeth with the Fundamentall Law of this Kingdome and the manner of election of Majors in all other the Cities and Burroughs of this Realme as Coroners were and are chosen in full County by the Free-holders of each County Inter leges Edward Sanct. Chap. Lambert folio 136. Artic. super Charta chap. 8. 10 c. The Major is Coroner within the City of London Now forasmuch as we be Free-men and Commoners and Burgesses of this City and so have right and ought to have our Votes in the election of the Major Do hereby claime and demand as our Right Custome and Priviledge to vote in the election of this present Major to be chosen and doe likewise hereby signifie That for the same end wee are come hither to give our free votes in electing a Major for the ensuing year if we may freely without molestation disturbance and interruption doe the same according to the Statute of Westminster the 5. chap. the 9. of Edward the 2. 14. The words whereof are these And for that Elections ought to be free it is ordained upon pain of great forfeiture That no Noble man or other by force of Armes neither through malice or menacies shal hinder to make free Elections in Counties Vniversities Cities Corporations and other places Cook 2. Part Instit fol. 169. And forasmuch as all the due just and accustomed Priviledges Franchises Liberties and Immunities of this City are confirmed by this present Parliament The Petition of Right And Magna Charta the great Charter of Liberties where it is said That the City of London shall have and enjoy all its antient Liberties and Customes Mag. Chart. chap. 9. and the 28. of Edw. 1. E. 1. And although it may seeme by reason of some undue elections of late yeares made through usurpation of some few who by power and menacies hindering the free Elections not suffering us the Free-men and Commoners to give our votes upon chusing and electing the Majors to be a Barre let or hinderance to this our present voting yet the same doth nothing at all prejudice our Rights but rather aggravates the wrong done unto us For there is a beneficiall Statute yet unrepealed made for the strengthening and preservation of our Liberties and Rights which no other Corporation hath that we know of Whereby it is enacted That the Citizens of London shall enjoy all their whole Liberties whatsoever with this clause Licet usi vel abusi fuerunt Although they have not used or abused the same and notwithstanding any Statute to the contrary Parl. Rot. R. 2. N. 37. Therefore if we may not be admitted being Free-men and Citizens of London to enjoy our due and accustomed Priviledges and Liberties to have and give our free votes in the election of the Major we being by Parliament injoyned and by Oath and Protestation bound to our uttermost power to defend and preserve the lawfull Rights and Liberties of the People Doe declare and protest against all such who shall any-wise hinder us or any of us in a free way to vote in the electing of the said Major as oppugnors and violators of the Lawes and Liberties of the Kingdome and destroyers of the Priviledges of this antient Metropolitan City and shall by all lawfull wayes and meanes labour to bring them to condigne punishment for such their offences And wee doe hereby declare and protest against the Major so unduly and illegally elected being chosen without our free Votes and consents who have right and are come hither to give in our free votes if wee might have freely peaceably and without let or trouble done the same alwayes acknowledging our obedience and shall bee ready with all alacrity and cheerfulnesse to manifest the same to our lawfull Magistracie duly elected in all their just Commands LONDON A Postscript written by Lieutenant Colonell Iohn Lilburn Prisoner in the Tower of London Octob. 1646. THE omnipotent glorious and wise God creating man for his own praise made him more glorious then all the rest of his Creatures that he placed upon earth creating him in his own Image which principally consisted in his reason and understanding and made him Lord over the earth and all the things therein contained Gen. 26 27 28 29. and chap. 5.1 and 9.6 1 Cor. 11.7 Col. 3.10 But made him not Lord or gave him dominion over the individuals of Mankind no further then by free consent or agreement by giving up their power each to other for their better being so that originally he gave no Lordship nor Soveraignty to any of Adams Posterity by Will and Prerogative to rule over his Brethren-Men but ingraved by nature in the soule of Man this goulden and everlasting principle to doe to another as the would have another to do to him but man by his transgression falling from his perfection of reason that Image in which God created him Col. 3.10 became tyrannicall and beastly in his principles and actions the effect of which we see in Caines slaying of Abel for which he was accursed of God and all things hee went about Gen. 4.8 10 11 12. but God taking mercy of Mankind in some measure and not executing the fulnesse of his wrath in the 9. of Gen. to revenge that beastlinesse bloody revengfull and devouring temper of Spirit that by the fall had now entred into the Spirits of all Mankind institutes a perpetuall morall unchangeable and everlasting Law that is to say That whosoever he was that would be so beastly bearish and Woolvish as to fall upon his neighbour brother or friend and to do vnto him that which he would not he should do to him by taking away his life and blood from him God ordaines and expresly saith he shall lose his life without mercy or compassion for so doing vers 5.6 Yea and afterwards when he chuseth unto himself Israel out of all the Nations of the world to be his peculiar people Levit. 19.15 16 17 18. ordaines this for a standing Law amongst them Yee shall do no unrighteousnesse in judgment thou shalt not respect the person of the poore nor honour the person of the mighty but in righteousnesse shalt thou judge thy Neighbour Thou shalt not go up and down as a Tale-bearer amongst thy people neither shalt thou stand against the bloud of thy neighbour I am the Lord. Thou shalt not hate thy Brother in thy heart thou shalt in any wise rebuke thy neighbour and not suffer
beene strong Instruments from time to time to doe the same to the whole Land And the present ground of my putting pen to paper at present ariseth from this ensuing The day the last Lord Major was elected It seemes Major Wansie a Watch-maker in Cornhill a man that in these late wars hath freely and gallantly adventured his life for the preservation of the present Parliament and Englands Liberties and some other free Citizens commonly by the Prerogative-men of London distinguished by the name of Cloak-men intended to have claimed their right to give their Vote in the election of the Lord Major as by Law and the Charters of London every free-man therof ought to do as also in both the Sheriffes c. And in case the prerogative L. Major Adams and the prerogative-Aldermen his Brethren would not permit them They then intended to deliver in a Protest in writing the Copy of which Protest within a day or two after I saw and read and not before and understanding how basely Major VVansey was used by the Marshall of London and of my Lord Majors prerogative-Mastives and how that contrary to Law Guild-Hall Gate was guarded with armed men which rendered the election in no sence to be free as all elections of all publike Officers ought to be and reading the Protest over the reason of it and the injustice offered to its well-willers It inflamed my spirit with indignation and set my very soule as it were all on fire Insomuch that I went immediatly to old Mr. Colet the Record-keeper of the Tower and asked him if hee had the originall Records of the Charters of London and understanding he had them out of my penury I bestowed three or foure pound for the Copies of those that were most usefull for me and also the Copy of H. 5. prerogative and unbinding Proclamation by vertue and authority of which they have invaded the rights of all the free men of London in divers particulars and as much as in them lies annihilated divers of the antient and just Charters and legall priviledges of this City confirmed by Magna Charta and making further inquiry of a man versed in antiquity I understood that there was an antient book in print above 100. yeares agoe containing many of the Liberties and Franchises of London for which I sent into Duck-lane and with some industry found it out which is a most excellent book which with the Records I sent to a true friend of mine to get him to translate the Records into English and all the Latine and French that is in that book who sent unto me the fore-going Discourse which in regard he was a stranger to London he was unwilling to set his name to it and I reading the Discourse and liking it very well judged my self bound in duty to my self and all my fellow-Commoners the Cloak-men of London to publish it in print and in regard by Gods assistance I intend shortly to publish and print the Records with a Cōmentary in point of Law upon them I judged it convenient hereby by way of Post-script to give you the understanding thereof and also to give you the reasons which moved me to resolve to hazard no small adventure there upon which are these First because the Prerogative-Pattentee monopolizing Merchant adventurers have contrary to Right Law and Justice robbed me of my trade whose illegall arbytrary destructive practises to the liberties freedome and prosperity of England I have in my answer to Mr. VVill. Pryn called Innocencie and Truth justified punctually anatomized as there you may reade from page 48. to page 63. Now as Paul saith 1 Tim. 5.8 If any provide not for his own family and specially for those of his own house he hath denied the Faith and is worse then an Infidell In which to me is implyed that a man must not only be provident and industrious to keepe and preserve what hee hath but also to maintain and defend his rights liberties and proprieties that they be not invaded or taken from him and this made honest Naboth that he would not part-with his Vineyard his inheritance to wicked King Ahab although he offered him very good tearmes for it 1 Kings 21.1 2 3. much lesse should I part with my trade to any illegall Monopoliser and every individuall Free-mans of London c. and that not only by the principles of nature and reason but also by the Law of England as is not onely proved by the fore-named Discourse but also by another excellent Treatise called Discourse for free Trade published about two years agoe by a Merchant of London Secondly the readinesse of the Prerogative-Magistrates of London to execute any illegall Commands upon the free-men thereof and particularly upon my self as for instance when I was prisoner in Newgate illegally committed by the house of Lords that had no jurisdiction over me in that case and when upon the 22. of June last by their Warrant they commanded me to dance attendance at their Bar for what cause they did not expresse neither know I any Law extant that authorizeth them so to do Which action I looked upon as a trampling the Lawes of the Land and the Liberties of all the free Commons of England under their feet and therefore for the prevention of further mischiefe I writ this following Letter to Mr. VVoollaston the chiefe Jaylor of Newgate under the Sheriffes of London SJR I This morning have seen a Warrant from the house of Lords made yesterday to command you to bring me this day at ten a clock before them the Warrant expresseth no cause wherfore I should dance attendance before them neither do I know any ground or reason wherefore I should nor any Law that compels mee thereunto for their Lordships sitting by vertue of Prerogative-pattents and not by election or common consent of the people hath as Magna Charta and other good Lawes of the Land tels me nothing to do to try me or any Commoner whatsoever in any criminall case either for life limb liberty or estate but contrary hereunto as incrochers and usurpers upon my freedomes and liberties they lately and illegally endeavoured to try me a Commoner at their Bar for which I under my hand and seale protested to their faces against them as violent and illegal incrochers upon the rights and liberties of me and all the Commons of England a copy of which c. I in Print herewith send you and at their Bar I openly appealed to my competent proper legall tryers and Judges the Commons of England assembled in Parliament for which their Lordships did illegally arbytrarily and tyrannically commit me to prison into your custody unto whom divers dayes agoe I sent my appeale c. which now remains in the hands of their Speaker if it be not already read in their house unto which I do and will stand and obey their commands Sir I am a free-man of England and therefore I am not to bee used as a slave
or Vassall by the Lords which they have already done and would further doe I also am a man of peace and quietnessâ— and desire not to molest any if I be not forced thereunto therefore I desire you as you tender my good and your own take this for an answer that I cannot without turning traytor to my liberties dance attendance to their Lordships Barre being bound in conscience duty to God my self mine and my Country to oppose their incroachments to the death which by the strength of God I am resolved to doe Sir you may or cause to be exercised upon me some force or violence to pull and drag me out of my chamber which I am resolved to maintain as long as I can before I will be compelled to go before them and therefore I desire you in a friendly way to be wise and considerate before you do that which it may be you can never undoe Sir I am your true and faire conditioned prisoner if you will be so to me JOHN LILBURN From my Cock-lost in the Presse-yard of Newgate this 13. of June 1646. The Copy of the Order Die Lunae 22 Junij 1646. ORdered by the Lords in Parliament assembled that Lieutenant Colonel John Lilburn now a prisoner in Newgate shall bee brought before their Lordships in the High Court of Parliament tomorrow morning by ten of the clock And this to be a sufficient Warrant in that behalf To the Gent. Usher of this House or his Deputy to be delivered to the Keeper of Newgate or his Deputy Iohn Brown Cler. Parliamentorum Which Letter I sent by my wife and a friend but they not finding Mr. Wollaston within I ordered them to carry it to Mr. Kendrick and Mr. Foot the Sheriffes of London his Masters whom they found at Guild Hall at the Court of Aldermen to whom they delivered the letter with my Protest against the Lords and appeale to to the House of Commons therein mentioned who as they told me carried it in to the Court of Aldermen and as they judged there read them But in stead of any remedy according to my just expectation I had my chamber wall immediatly after broke down by force by Ralph Brisco the Clerk of Newgate and their Officer a violent and forcible entry made into my chamber and my person by force carried away before the Lords who had no Legall or Magisteriall power over me I confesse I was suddenly surprized it being past ten a clock at night before I knew of it and so could neither provide my selfe of victuals or any defensive Armes the which if I had had I would to the death have defended my selfe against all the Officers in London that had come to have fetched me out of my Chamber my legall Castle by vertue of that illegall Warrant to carry me before the Lords who had nothing to doe with me especially coÌ„sidering I had legally protested against them and legally appealed to the House of Commons my proper and legall Judges who had accepted read and approved of my appeale as just and legall And therefore not onely that businesse or proceeding of the Lords but all their after proceedings yea the sentence it selfe in this very particular alone was and is illegall For they ought not neither in law had they any ground to meddle or make with me any further unlesse the House of Commons had judged my proceedings with the Lords illegall and had given mee up to them as my legall Judges to try me And therefore the affront of the Lords in point of right and priviledge is as great to the House of Commons in proceeding to judgement against mee without their leave or so much as ever desiring it as their usurpations are destructive to me and my Liberties and the Liberties of all the CoÌ„mons of England And opportunity they could not have had to have made me so fully as they did the object or subject of their usurpation if it had not been that the prerogative-Sheriffs of London had been as full of prerogative-Principles as the Lords themselves and as desirous to destroy the Lawes and Liberties of England as they for which I will never forgive them till they have acknowledged their great wickednesse therein and made me according to Law and Justice ample reparations which by Gods assistance I will with all the strength and might I have uncessantly seek for But their malice and indignation to mee for standing for the Lawes Liberties and Freedomes of England ceased not here but when the Lords committed me by their tyrannicall order close prisoner to Newgate to be lockt up close in my Chamber These Arbitrary tyrannicall Sheriffes and their Officers executed it upon me to some purpose for 3 weeks together For contrary to all law and justice they kept my wife from me would not so much as suffer her or any of my friends to set their feet over the threshold of my chamber doore nor suffer my wife servant or any of my friends to deliver either meat drink money or any other necessaries And when I pressed the Jaylors to permit my wife to come into the prison yard that so I might in their presence speak with her out of my chamber window they absolutely refused it and told mee I little knew what a strict charge was laid upon them to the contrary by the great ones at Guild-Hall And therefore my wife was forced to speak with me out of the window of a neighbouring house at about fourty yards distance whose cruelty and malice was so enraged that they often threatned to boord and naile up the poore mans windows Yea Brisco the Clerk came up into my chamber and commanded me to forbeare speaking to my wife although it were at such a distance or else hee would boord up my windowes and so deprive me not onely of seeing and speaking to my wife but also rob me of the greatest part of that little aire that I had coming in at my Casements But I bid him doe his worst for I would pull them down as fast as he naild them up or else if I could not I would set â—re to them though it burnt the House down to the ground And also I would speake to my wife in spite of his teeth and all his great Masters unlesse they either sewed up my lips or cut out my tongue And then in a rage hee told me Hee would carry me into Newgate it self and lay mee in a close place where I should speak with none nor see none whereupon I desired him to cease his threatning of me for I scorned him and bid defiance to the malice of him and all the Men and Devils in earth and hell having my confidence fixed in and upon that God that I knew would preserve and keep me and who by his power was able to destroy him and ten thousand such in the twinkling of an eye telling him that to lock me up in such a place was the ready way speedily
constant experience they are found to be that both informer Parliaments and this present Parliament the House of Commons have thrown divers Patentee-Monopolists out of the House as altogether unfit to be law-makers who have been such law-destroyers It had been pure Justice indeed if they had made no exceptions of persons but swept the House of all such and then the King in his Declaration of the 12. August 1642. Book Declar. pag. 516. had not had so much cause too justly to hit them in the teeth with being partiall in keeping Justice Laurence Whittaker c. who the King there saith hath been as much imployed as a Commissioner in matters of that nature as any man And by all the information that I can get or heare of from those that knew him well before the Parliament the King in this particular hath spoken nothing but truth and I am sure and will to his face make it good secundum legem terrae that is by the law of the land but not by the arbitrary law of Committees that his estate and head will not make a sufficient satisfaction to the kingdome for those intolerable In-rodes that he hath made since this Parliament into upon the fundamental and essential liberties privileges and lawes of England Therefore to you my fellow-Citizens the Cloke-men of London I make this exhortation to make a petition to the Parliament to bring him all such Delinquents to condigne punishments which both the most of you and the Parliamēt are bound unto not only by your own interest but also by your protestation c. Book Declar. 156. 191. 278 629. And good encouragement you have from their own Declarations so to doe For there they say Book Decl. 656. The execution of Justice is the very soul and life of the law And pag. 39 they say They are very sensible that it equally imports them as well to see justice done against them that are criminous as to defend the just rights and liberties of the Subjects and Parliament of England And in pag. 497. they say Woe unto them if they doe not their duty Therefore never think that the Parliament will be worse then their words or throw their own Declarations behind their backs and therefore if you want the fruit of them blame your selves for not pressing them to make them good unto you For I am sure it is their own Maxime and saying that of the Parliament there ought not to be thought or imagined a dishonourable thing page 28. and therefore as they would have men to believe the truth of this Maxime so undoubtedly they will be very careful and wary not to do a dishonourable action much lesse to protect visible Delinquents and Offendors amongst themselvs in the great Councel of the Kingdom which were not only a dishonourable action but would justly open all rationall mens mouths not only to think but also to speak dishonourably of them But it may be you will say that your Grandees of London tell you the Parliament will receive no Petitions from a multitude of Citizens unlesse it come through the Common-councel I answer true it is there hath been a very strong report of such a thing in London but roguery knavery and slavery is in the bottome of it for if the prerogative-men of London could once bring you to that they might tyrannize over you at their pleasure ten times more then they do Therefore an enemy to the Liberties of England and London in the highest degree hee is that would perswade you to believe any such thing Yea and I say further he is an enemy to the honour dignity and safety of the Parliament that so doth for this were to destroy the fundamentall freedomes of England which the Parliament themselves cannot destroy being appointed to provide for our weal but not for our woe Book Decl. p. 150 81 179 336 361 382 509 663 721 726. and themselves say pag. 700. that all interests of trusts are for the use of others for their good and not orherwise And punishable is he that shal make the people believe any such thing the Parliament judging it the greatest scandal that can be laid upon them that they either do or ever intended such a thing as to inslave the people and rob them of their liberties and freedomes Book Decl. p. 264 281 494 496 497 654 694 696 705 716. And therefore when the King chargeth it upon them as a crime that they have received Petitions against things that are established by Law they acknowledge it to be very true And further say that all that know what belongeth the course and practice of Parliament will say that we ought so to do and that both our Predecessours and his Majesties Ancestors have constantly done it there being no other place wherein lawes that by experience may be found grievous and burthensome can be altered or repealed and there being no other due and legall way wherein they which are agrieved by them can seek redresse Book Decl. pag. 720. Yea and when his Majesty hits them in the teeth with the great numbers of people that used to come up to Westminster the beginning of this Parliament calling them tumultuous numbers They tell him that they do not conceive that numbers do make an Assembly unlawfull but when either the end or manner of their carriage shall be unlawfull Divers just occasions say they might draw the Citizens to Westminster where many publike and private Petitions and other causes were depending in Parliament and why that should be found more faulty in the Citizens then the resort of great numbers every day to the ordinary Courts of Justice we know not Book Decl. p. 201. 202. And therfore pag. 209. they affirme that such a concourse of people carrying themselves quietly and peaceably as they did ought not in his Majesties apprehension nor cannot in the interpretation of the Law be held tumultary and seditious And therefore up and be doing againe as then you did and also petition for the exemplary punishment of those amongst themselves that have robbed you of your Lawes Liberties Franchises and Trades for besides all that is before named a greater is behinde namely the disfranchising of all you Clokemen of London in giving any vote in chusing your Burgesses for Parliament although I am confident you are above three hundred for one Livery-man and although your Persons and Estates I dare say it have been voluntarily ten times more ready and serviceable in these late distractions to preserve the Parliament and the Kingdome and the lawes and liberties thereof then the Gowne or Livery-men although you be rob'd by them of yours Truly for my part I speake from my soule and conscience without feare I know no reason unlesse it can be proved that you are all slaves vassals why you should be concluded by the determinations orders and decrees of those that you have no vote in chusing for it is a true and just maxim in
insist upon for the making good of the severall Imputations in and by his the said John Whites book laid and fixed upon the said Lieut. Col. Lilburn He the said Iohn White absolutely refused to take any further time in that behalf expresly saying hee would travell no more in it We the said Arbitrators upon due consideration of the whole premises aforesaid aâ—e câ—eer of opinion That the said Iohn White as the caâ—e hath been is represented appearing before us had no sufficient ground to write print or publish That the said Lieut. Col. Lilburn was the Writer or Author of the said Bookes Treatise and Letter or any of them But that the said Iohn White in and by his writing pâ—inting and publishing of his said Book entituled Iohn Whites Defence c. in manner and form as aforesaid hath unjustly scandalized the said L. Col. â—ohn â—ilburn And thefore we the said Arbitratâ—â—s do most unanimously â—ward That the said Iohn White shall before the 10. day of this instant moneth of October make a publike acknowledgment before Col. Francis West Lieutenant of the said Tower of London at his the said Lieutenants house in the said Tower That he the said Iohn White hath done the said Lieut. Col. Iohn Lilburn wrong and shal make and pronounce the said acknowledgment in these words following That is to say I Iohn White one of the Warders of the Tower of London Do acknowledge that I have unjustly wronged Lieutenant Col. I. Lilburn in and by my writing and publishing in print in such sort as I did That he was the Writer Author or Contriver of a Book called Liberty vindicated against Slavery And of a Printed Letter thereunto annexed And of a Booke called An Alarum to the House of Lords For all which and for all the unjust and scandalous matters and language alleadged and used by me in my said Booke reflecting upon the said Lieutenant Col. Lilburn I am heartily sorry We the said Arbitrators doe also award That after the said Iohn VVhite hath so made and pronounced the said acknowledgment before the said Mr. Lieutenant Hee the said Iohn White shall then deliver his said acknowledgment in writing subscribed by him the said Iohn VVhite into the custody of the said Lieutenant Colonell Iohn Lilburn to be by him kept and disposed of for his better vindication against the said scandals said upon him by the said Iohn White in his the said Iohn VVhites said Book Lastly we the said Arbitrators do award That this our award shall be a finall end of all differences and matters of controversie whatsoever betwixt the said Lieut. Col. I. Lilburn and the said Iohn White to us or to our award in any wise submitted by the said parties from the beginning of the world unto the day of their said submission to our award so farre as the same doth or may concern the said parties or either of them in their particulars and that the said parties from henceforth shall continue lovers and friends without any repetition of former injuries on either part And for the better clearing of the said Iohn White in his credit touching some rumours of couzenage and perjury by him supposed to be committed or touching his being forsworn lately scattered abroad to his discredit We the said Arbitrators do unanimously declare that we have not found any colour much lesse any just ground to fix upon the said Iohn VVhite any suspition of or for the same or any part thereof But doe thereof in our opinions absolutely cleer him Given under our hands and seales the 7. day of Octob. aforesaid 1646. John Strangwaies Lewis Dives John Glanvill William Morton But the Lieutenant not being willing for causes best knowne to himself that the submission or recantation should be made before or in his presence it was done at Lir John Glanvils chamber the Copy of which thus followeth I John White one of the Warders of the Tower of London Doe acknowledge that I have unjustly wronged Lieut. Col. Iohn Lilburn in and by my writing and publishing in print in such sort as I did that he was the Writer Author or Contriver of a Booke called Liberty vindicated against Slavery and of a Printed Letter thereunto annexed and of a Book or Treatise called An Alarum to the House of Lords For all which and for the unjust and scandalous matters and language alleadged and used by me in my said Book reflecting upon the said Lieut. Col. Lilburn I am heartily sorry and in testimony thereof I have hereunto subscribed my hand the 8. day of October 1646. JOHN WHITE Subscribed pronounced and accepted the 9. day of Octob. 1646 in the presence of us Knights John Strangwaies Lewis Dive Iohn Glanvill William Morton Henry Vaughan Christopher Comport Warder in the Tower And now to conclude at the present because there is not any discourse of mine own abroad in Prinâ— since I was first locked up so close as I was by the Lords in Newgate by way of Narrative to state my case to the world I shall it may bee informe and silence many mens rash censures by inserting first my Wifes late Petition to the House of Commons and because by a Gentleman of the Committee to whom my cause was referred it was judged a Dâ—claration rather then a Petition and so unfit to be insisted upon any further after once reading there although I am not apt to think if I had been a man accustomed to write Letters to my Lord Cottington when he was at Oxford at that time when by Ordinance of Parliament it was little lesse then death so to doe her Petition and my cause would have found more favour from that Gentleman then they did whose cavels necessitated me to send a Petition of my own to the same Committee which I shaâ—l also insert But first of all my wifes Petition thus followeth To the Chosen and betrusted Knights Citizens and Burgesses assembled in the high and supream Court of PARLIAMENT The Humble Petition of ELIZABETH LILBURNE wife to Lieu. Col. JOHN LILBURNE who hath been for above eleven weeks by-past most unjustly divorced from him by the House of Lords and their tyrannicall Officers against the Law of GOD and as she conceives the law of the Land Sheweth THat you only and alone are chosen by the Commons of England to maintain their Lawes and Liberties and to do them justice and right a a Coll. of decl pag. 264. 336. 382 508 613. 705. 711. 716 721 724 725 726 729. 730. which you have often before God and the World sworn to do b b Coll. decl page â—6â— 6â—â— protestation â— and covenaâ—â— yea and in divers of your Declarations declared it is your duty in regard of the trust reposed in you so to doe c c Coll. decl pag. 81â— 17â— 262 266 267 340 459. 462 471 473 5â—â— 690. without any private aimes personall respects or passions whatsoever d d Col. declar p. 464 490
printed by your owne speciall authority saith is meant equals fol. 28. In which saith he fol. 29. are comprised Knights Esquires Gentlemen Citizens Yeomen and Burgesses of severall degrees but no Lords And in p. 46. he saith No man shall be disseised that is put out of seison or dispossessed of his freehold that is saith he lands or livelihood or of his liberties or free customes that is of such franchises and freedoms and free customes as belong to him by his free Birth-right unlesse it be by the lawful judgment that is verdict of his Equals that is saith he of men of his own cōdition or by the law of the land that is to speak it once for all By the due course and processe of law And saith he No man shall be in any sort destroyed unlesse it be by the verdict and judgment of his Peeres that is Equals or by the law of the land And the Lords themselves in old time did truly confesse That for them to give judgement of a Commoner in a criminall case is contrary to law as is clear by the Parliaments record in the case of Sir Simon d' Bereford 4. Ed. 3. Rot. 2. the copy of which is now in the hands of Mr. H. Martin they there record it That his case who was condemned by them for murthering King Edw. ◠shall not bee drawne in future time into president because it was contrary to law they being not his Peeres that is his Equals And forasmuch as the manner of their proceedings was contrary to all the former wayes of the law publickly established by Parliament in this kingdom as appeares by severall Statutes o o 5. Ed. 3. ◠25. Ed. 3 4. 28. E. 3. 3. 37. Ed. 3. 8. 38. Ed. 3. 9. 42 Ed. 3. 3. 17. Ri. 2. 6. Rot. parli 43. E 3. Sir Io Alees case Num. 21 22 23 c. lib. 10. fol. 74. in case delar marshalses see Cook 2 part Instit fol. 46. which expresly say That none shall be imprisoned nor put out of his free-hold nor of his franchises nor free customes unlesse it be by the law of the land And that none shall bee taken by Petition or suggestion made to the King or to his Councell unlesse it bee by indictment or presentment of good and lawfull people of the same neighbourhood where such deeds be done in due manner or by processe made or by Writ originall at the common-law Which Statutes are nominally and expresly confirmed by the Petition of Right by the Act made this present Parliament for the abolishing the Star-chamber and thereby all acts repealed that formerly were made in derogation of them But contrary hereunto the Lords like those wicked Justices spoken of by Sir Ed. Cook p p 2. Part. Instit 51. in stead of trying her husband by the law of the land proceed against him by a partiall tryall flowing from their arbitrary will pleasure and discretion c. * * Rot. part 2. 1. H. 4. mem 2. num 1.27 Instit f. 51. Book declar 58. 39. 278. 845. For though they summoned him up to their Barre June 10. 1646. to answer a Charge yet they refused to shew it him or give him a Copy of it but committed him to Newgate June 11. 1646. although he behaved himselfe then with respect towards them both in word and gesture meerly for refusing to answer to their Spanish Inquisition-like Interrogatories and for delivering his legall Protestation Their Mittimus being as illegall as their summoning of him and their own proceedings with him Their commitment running To be kept there not till hee be delivered by due course of Law but During their pleasure which Sir Edward Cook saith is illegall q q 2. part instit fol. 52 53. and then locked up close that so hee might bee in an impossibility to understand how they intended to proceed against him Wherefore your Petitioner humbly prayeth to grant unto her husband the benefit of the law and to admit him to your Bar himself to plead his own cause if you be not satisfied in the maner of his proceedings or else according to law justice and that duty obligation that lieth upon you forthwith to release him from his unjust imprisonment and to restain prohibit the illegal arbitrary proceedings of the Lords according to that sufficient power enstated upō you for the enabling you faithfully to discharge the trust reposed in you to vacuate this his illegal sentence and fine and to give him just and honorable reparations from the Lords all those that have unjustly executed their unjust Commands It being a Rule in law and a Maxime made use of by your selves in your Declaration 2. Novemb 1642. r r col declar 723. That the Kings illegall commands though accompanied with his presence doe not excuse those that obey them much lesse the Lords with which the law accordeth and so was resolved by the Judges 16. Hen. 6. s s See Cook 2. part Instit fol. 187. And that you will legally and judicially exexamine the crimes of the Earle of Manchester and Col King which the Petitioners husband and others have so often complained to you of and doe exemplary justice upon them according to their deserts or else according to law and justice punish those if any that have falsly complained of them t t 3. E. 33. 2. R. 2.5 37. E. 3. 18. 38. E 39. 12. R. 2. 11. 17. R. 2. 6. 122. p. M. 3. 1 El. 6. And that you would without further delay give us reliefe by doing us justice v v 9 H. 3. 29 2. E. 3. 8. 5. E 3. 9. 14. E. 3 14. 11. E. 2. 10. All which she the rather earnestly desiteth because his imprisonment in the Tower is extraordinary chargeable and insupportable although by right and the custom of that place his fees chamber and diet ought to be allowed him and paid out of the Treasure of the Crown he having wasted spent himself with almost six years attendance and expectation upon your Honours for justice and raparations against his barbarous Sentence c. of the Star-chamber to his extraordinary charge and dammage and yet never received a peny and also lost divers hundred pounds the yeare he was a prisoner in Oxford Castle for you Neither can he receive his Arreares for the price of his blood his faithfull service with the Earle of Manchester although he spent with him much of his own money And the last year by the unadvised means of some Members of this Honorable House was committed prisoner for above 3. moneths to his extraordinary charges and expences And yet in conclusion he was releast and to this day knoweth not wherefore he was imprisoned For which according to law and justice he ought to receive reparations but yet he never had a peny All which particulars considered doe render the condition of your Petitioner her husband and children to be very nigh
ruine and destruction unlesse your speedy and long-expected justice prevent the same Which your Petitioner doth earnestly intreat at your hands as her right and that which in equity honour and conscience cannot be denied her w w col declar 127 174 244 253 282 284 285 312 313 321 322 467 490 514 516 520 521 532 533 534 535 537 539 541 543 555 560. And as in duty bound she shall ever pray that your hearts may be kept upright and thereby enabled timely and faithfully to discharge the duty you owe to the kingdome according to the Great Trust reposed in you And so free your selves from giving cause to bee judged men that seeke your selves more then the publick good To the Honourable the chosen betrusted and representative Body of all the Free-men of England in PARLIAMENT assembled The humble Petition of Lieut. Col. John Lilburn a legall Free-man of England though now unjustly imprisoned by the Lords in the extraordinary chargeable Prison of the Tower of London SHEWETH THAT WHereas the Petitioner is a legall and free-born English-man and ought by the fundamentall lawes of this Land to enjoy the benefit of all the lawes liberties priviledges and immunities of a free-born man and a Commoner of England and whereas by the Lawes and Statutes of this Realm no free-man may be taken imprisoned but by lawfull judgment of his equals who are men of his own condition and the Law of the Land and by the Law of the same no man ought to be imprisoned before he be taken upon indictment or presentment by good men of the same neighbour-hood or by due processe of Law And whereas every man that is taken or imprisoned by the common Lawes of the Land ought to be bayled But he that is taken and convicted for Murder or Felony or for some other offence for which a man ought to lose life or member And by the Statutes of this Realm every man is baylable unlesse he be taken for Treason Murder Felony or some particular case excepted wherof the Petitioner is no wayes guilty But your Petitioner sheweth that he being taken and imprisoned above 4 Moneths by colour of unjust orders and an illegall sentence of the Lords pronounced against him in their house although they have no legall jurisdiction over him for supposed contempts and scandals committed against them which was nothing else then a defence of his own liberty and of all the free-men of England in a plea and defence put into the said house which contained an Appeal to your Honours against their unjust proceedings for which supposed contempts he is by their unjust sentence committed to the Tower there to remain for the space of 7. years and disabled to bear any office either Military or Civill and to pay 4000.l Fine All which proceedings of their Lordships the Petitioner doth protest against as unjust illegall and destructive to the liberties immunities and priviledges of all the Commons of England which he doubts not to free himself and all other free-born English-men of by the Justice of this honourable House to whom he hath formerly and now also doth Appeale and by the assistance of the Lawes of this Land Therefore your Petitioner doth most humbly pray that he may be inlarged at least upon bayle being by Law liable to follow and prosecute his cause depending before you and redemption from the said illegall sentence and to obtain just and legall reparations from the inflictors and executors thereof And he shall pray c. JOHN LILBURN COurteous Reader by reason I am prohibited to have Pen Ink and Paper I am forced now to write a peece and then a peece and scarce have time and opportunity seriously to peruse and correct what I write and in regard I cannot be at the Presse either to correct or revise my own lines which besides is attended with many difficulties and hazards I must intreat thee as thou readest to amend with thy Pen what in sence or quotations may be wanting or false I shal rest thy true and faithfuâ—l Country-man ready to spend my bloud for the fundamentall Lawes and Liberties of England against any power what-ever that would destroy them JOHN LILBVRN From my prerogative and illegall imprisonment in the Tower of London this present Octob. 1646. FINIS