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A88246 The resolved mans resolution, to maintain with the last drop of his heart blood, his civill liberties and freedomes, granted unto him by the good, just, and honest declared lawes of England, (his native country) and never to sit still, so long as he hath a tongue to speake, or a hand to write, til he hath either necessitated his adversaries, the house of Lords, and their arbitrary associates in the house of Commons, either to doe him justice and right, by delivering him from his causelesse and illegall imprisonment, and out unto him, legall and ample reparations, for all his unjust sufferings or else send him to Tyburne: of which he is not afraid, and doubteth not if they doe it, but at and by his death, to doe them (Sampson like) more mischief, then he did them all his life. All which is expressed and declared in the following epistle, written by Lieut. Coll. John Lilburne, prerogative prisoner in the Tower of London, to a true friend of his, a citizen thereof, Aprill 1647. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2174; Thomason E387_4; ESTC R201493 61,516 44

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of the King to save himselfe he was likely to loose and indeed it is commonly reported that in his place as one of the Committee of the Kings ●●venue he hath learned to lick his own fingers well and the first or grand step of honour he attaind to by the Parliament was to be made Lord Lieutenant of the County of Durham and the wars comming one betwixt the King and Parliament to indeare himselfe againe unto the King knowing that the chance of warre was doubtfull he sent his second son Sir George Vaine to wa●e upon and serve the King who in person was actually ●●●nd in the baitell of Edge-Hill with the rest of his fellow Courtiers but to make up his case the more with the King though himselfe stard with the Parliament where as a seeming friend to them he was able to doe the King truer service yea and did it then if he had been with him for instead of protecting preserving securing and defending the County of Durham of which he was Lieutenant according to the duty of his place and those many importunare desires expressed unto him by the well affected Gentlemen of the Country which were all in raine for in stead of preserving the Country he sent his Magazine of Armes from his Castle at Raby by his t●o principall servants Mr. Will em Conyers Steward of his land and Mr. Henry Dingly his Sol●citer at law as a present for the King to the Earle of New-Castle then in Armes at New Castle against the Parliament who might then have been easily suppre●● at his comming to New Castle if old Sir Henry Vaine had been true to his trust the Parliament reposed in him And that he sent them is visible enough for they carried them openly and avowedly in the day time through the Country boasting of their act both in their going and comming and at New-Castle from the hand of one of the Earles s●rvant or Officers received a note for the receipt of those armes that so when time should serve Sir Henry Vaine might have it to justifie his good service done for his Majestie in being the principall instrument of raising the Earle of New Castles Army and giving the King so great a footing in the North as there he had for his Armes being sent to the Kings Generall so openly publiquely and avowedly as they were though his person were with the Parliament yet it ●●de all people there to conclude that he was himselfe absolutely for the King against the Parliament which presently his influence in those parts being grent got the Earle of New Castle a mighty repute and credit and made those that were really for him to be impudent and bold in their attempts and made abundance of Newters then to declare all or most of whom might at the first have been made serviceable to the Parliament if they had been looke to betime● and the most of those few of cordiall well affected Gentlemen were immediately forced to ●ly and leave all they had behind them and the test that stayed were immediately taken prisoners and destroyed as well as the other in their estates for which Sir Henry Vaines land and estate ought i● justice and conscience to goe to the last penny of it to make them satisfaction being the 〈◊〉 instrumentall cause of all their losses woe and misery and of all the woe and misery of the whole North occasioned by the Earle of New-Castles forces and those that were necessi●●ted to be raised to destroy them which if they had never had a being there had never been no need of the Scots comming into this Kingdome to our deare bought ayde the evill consequences of whose comming I am afraid England this twise seaven yeares will not ●●●ke of without a great deale of blood shed and misery the yo●k of Presbyterian bondage alone besides then to-operations if not co sharing in the Civill government of England to the unspeakable prejudice to the freemen thereof which they brought with them over Twe●d i●to this Kingdome which is likely to prove 100. times worse then the tyranny and Lordlinesse of the Bishops One thing more about Sir Henry Vaine I desire you to take notice of and that is further to demonstrate that his servants carried the Armes not of their owne heads but by his command or at least good liking is this that he never complained to the Parliament of it nor never indeavouted to have them punished for it but rather protected and defended them so that those that complained of them as well as of himselfe by reason of his greatnesse could never be heard nor obtaine justice though it was with some zeale followed by my Father my V●kle Mr. George Lilburn with other Gentlemen of the same Country as you may partly read in Englands Birth R●ght pag. 19.20.21 All this while if the King lost the day and the Parliament prevailed here was himselfe and his son young Sir Henry to make good his interest here so that of which side soever the g●●t went the old crafty Fox was sure in his owne thoughts to stand upon his leggs and be no looser but perceiving the King likely to goe down the weather by the Scots comming in he whistles away his son Sir George Vaine from the Kings Army And though the Parliament had upon the 20 May 1642 voted That when soever the King in kith war upon the Parliament it i●●breach of the trust reposed in him by his people contrary to his oath and tendeth to the dissolution of this Government And th●t whosoever shall serve or assist him in such warres are Traitors by the fundament all lawes of this Kingdome and have been so adjudged by two Acts of Parliament viz. 11. R. 2. and 1 ll 4 And yet notwithstanding though Sir George Vaine did both serve and assist the King actually at the battell at Edge-Hill yet as soone as any footing by the Parliament is gotten in the County of Durbam he is by his Father and I thinke I might say brother too for it is impossible if young Sir Henry were honest and true to the publique interest of his Country according to what he seemingly professes and would be thought to be that his father and brother should doe such actions as they have done and dayly doe and escape scot free and no man to be heard that complains of them but rather crushed and destroyed which could not be if he and his interest did not support them in all their basenesse I say Sir George is by his Father sent down into the Country as the only fit man to govern it by deserving well at the hands of the Parliament for being with the King at the battell of Edge-hill and therefore is made the receiver of the Kings sequestered revenue there worth to his particular a great many hundreds pounds per aunum and is also made chiefe Deputy Lieutenant yea as it were Deputy Lord Lieutenant Iustice of peace and quorum Committee man and Chair-man
5000. l. for one losse or another so that for my part I 〈◊〉 though a man be never so gallant when he is in the field yer such bewitching baites of money c. is in the House of Commons that as soone as he comes to sit there he is in my thought● three quarters spoyled yea and it may be in a very little time will be an enemy to that gall●● try and down right honesty he in the field professed so that for my part of all the late Commanders that have been chosen to fit in the House they are so taken with the Silver baites of that House that I professe for my part● will not give a groat a dozen for them to doe the Common wealth service in their present plate unlesse it be one or two at most amongst them therefore say I let us earnestly contest for the inioyment of our iust nationall liberties and the long and antient just laws of B●gland to have every yeare afresh and new Parliament to call this to an account for all our money they have had and all the iniustice they have done us 〈◊〉 our which we are destroyed both in our lawes liberties and proprieties but if any shall 〈◊〉 the Kingdome in generall will ●●d great hazards by a new choise I say no for if never ●●ch base men be chosen if we have a fresh Parliament every yeare to sit three or four score d●yes a● most it will be as a rod kept over their heads to awe them that they shall not dare to doe the Kingdome one thousand part of that into slice that this Parliament hath done for feare the next Parliament they shall be questioned and then loose their head or estates Therfore for the Kingdomes good in generall it is worth the indeavouring to get the same provisor● in a● annuall act that now is in the trianiall made the 16. yeare of the King to settle the government of the Kingdome either by the King againe of some otherway that the Parliament shall think sit by chusing out a Committee amongst themselves to mannage the great affaires of the Kingdome till the next free and new chosen Parliament for now we are under a La● when Parliament men please to destroy us and when the Law will not reach us then their will shall tell which be done England shall never inioy iustice impartiallity but be in the absolute condition of as perfect vassolage and slaverie as either the Turks in Turky o● the Pes●n●a France or the Boor● in Fl●nders having neither the inioyment of liberty nor propriety now it being I wil maintain it the greatest act of breach of trust that ever the King did in his life when he passed the Act called the Act to prevent inconveniencies by untimely dissolving the Parliament made 1641. to let both houses sit as long as they pleased and so make sitting in Parliament a Monopoly and heriditary to them and their heires for ever which is such a palpable and visible violation of our essentiall and fundamentall liberties that it is lesse to be induced by the honest free men of England then any act of iniustice or violence that ever he did to us in his life for this is so universall that it absolutely destroyes both our lawes liberties trades and proprieties and makes us all perfect and absolute slaves but Parliament men and their new made and created creatures there being nothing wanting but the Kings consent to the twelfth Proposition that both houses by law may levie upon the People what money they please and doe with it what they please and never be accountable and therefore I will adds ●●ft thing to those things of g●●●●sh evill mentioned by 〈◊〉 i● 〈…〉 del●●●ery before ●●y booke called To Charters of London and pray from the Popes 〈…〉 Kings ●●limited Prerogatives Parliaments unknowne priviledges the Lord Major Court of Alde●●●en and the rest of the prerogative Common-Counsell men of London● impl●●● saith ●ut especially from an everlasting Parliament Good Lord deliver honest John Li●b●rne Now Sir I come to speak a few words unto the state that ye●● are in by reason of the trouble I have brought upon my selfe a you thinke by owning of my booke to which I answer Alass● I professe it seriously death it selfe is more acceptable to me then to live and be without cause destroyed in a Gaole what should I be affraid of For I assuredly know God in Iesus Christ is my reconciled father in the strength of which I have walked stedfastly above these ten yeares so that I without doubt know he hath in store for me a crown of eternall glory in the Kingdome of glory And Cursed be he that is afraid of 〈◊〉 that shall die and of the s●●● of man which shall he made as grasse and forget test the Lord his make that stretcheth forth the heavens and laid the foundations of the Earth Esay 11.12 13. And truly ●o extraordinary large experience have I had of God unfadomable loving kindnesse and truth that there is nothing but sinne can make me afraid For the Lord is on my side I will not feare what man can doe unto 〈◊〉 Psal 118.6 and 56 4.11 Heb. 13.6 which I am principally tyed from by that over●owing bounty goodnesse that I have taisted in God And for my wife and children which most troubles me unto who●● I ought and I hope have and do● beare a husband and fatherly affection unto yet alasse shall I for love of them sin against my owne soule and be silent when my conscience from sound grounds tells me God would have me to speake to reprove the perversnesse and stiffe nedeednesse of an Hypocriticall uncircumcised in heart generation of men that under specious pretence a goe about to inslave their native Country and so by consequences strongly endeavour to destroy my wife and Children as well as my selfe who must undeniably perish if I should live with them if the law and justice of the Kingdome be overthrowne which cannot in likelyhood be avoyded if God should not open the mouthes of some to speake reprove and informe and God having ●●●asted me with a Talent yea and by my unjust imprisonment put an oppertunity into my ●and to improve it for his advantage and glory accursed should I be in my own apprehension if I should tye it up in a Napkin and hide it And besides when all ordinary meanes failes to contest for my right without the injoyment of which my wife and children in the eye of reason most perish and be destroyed In my understanding is the only way to obtaine it but if in the persuit of my present contest I should loose my life I can lay it downe with a great deale of comfort and commit my wife and children with a great deale of confidence to the faithfullnesse and co●e of God who hath manifested so much unto me in all the straites and extremities that ever I was in for the faithfull discharge of
owne advantage and hoped for benefit notwithstanding the ch●●pt of 2000. l. c. against me but Mr. Pryn pressed that I might speedily come againe that so the state might not suffer by reason of the moneys I had received and before them stood charged with Truly Gentlemen for all this charge I ●m every consider●●● shall make it evident that I have been and am as free from defrauding the State or any of my officers or S●●●●e●s of a penny as any man in England that ever the Parliament imployed and I am ●ure that J am not in the Parliaments debt but they in mine and seeing that which J seeke from them is but some hundreds of pounds and the businesse I am now of following of concernment to me two thousand pounds thick I pray give me leave for a time to lay the lesser concernment aside that so J may not be disinabled to prosecute the obtaining of the greater and Sir if you Mr. Pryn thinke I am not responsible to answer the charge you may either put in a barre to make stoppage of the money I expect to receive by my decree or else I will put you in good securitie to answer this charge With which the Committee was satisfied and demanded of me what time I would demand but I told them I conceived it not ●●●venient for me to make my demand before I heard how long time they were willing to give me and they bid me take a moneth or six weekes for which I thanked them but withall to●d them I would be with them sooner if I g●t my businesse done but if I could not get it done J ●old them I thought I should sca●ce be able to wait upon them ●ell I had perfected that so they left it indifferent And this relation which here I have made for the substance of it is a reall truth I doe protest it in the sight and presence of God and therefore dear friend I pray you judge and consider seriously of the ●itter and implacable mallice of this lying and base fellow Will●am Pryn for I doe assure you to 〈◊〉 remembrance I failed not to be at Westminster every day the Parliament sate to follow my foresaid businesse from the day of my being before he said Commi●●●●ee of acc●unts to the day of my unjust imprisonment in New gate by the Lords which I am confident of William Pryn by his secret and close designes h●d a finger in and that he laboured by all the in a●●●s he could to ●inder me from obtaining my said two thousand pounds for immediately upon my good successe in the Lords house his brother in Evill Doctor Bastwick put in his businesse of purpose to clo● mine so they all sate still before I had likely without rub to obtaine my just desire and being a Presbyter obtained quick dispatch there and as I was informed fo●re thousand pounds for his damages although I am confident of it my bodily sufferin●s was twenty times more then his and I am confident of it in the eye of reason there was twenty times more visible ground for his sufferings th●● mine I having not writ● line against the Bishops c. nor medled with them tell they forced me to flye London and hee had avowedly writ divers provoking and invective bookes against them before his sentence in the Star-Chamber And b●sides I am confidently perswaded Pryn was the maine instru●e it to provoke his rea●●e our Tyburne deserving comrad and extraordinary great associate Colonel Edward King to arrest me upon he 14. of April 1646. in a false and fained action of two thousand pound for calling him Traytor which I aver he is to the Parliament if a man can commit treason against them having ●s will easily be proved if the Parliament would doe any justice upon knaves and Vi●●ams betrayed his trust reposed in him derivitine from and by the Parliament at Crow●a●d c. which said unjust arrest did not only disinable me to follow my businesse but necessitate me to write that f●●●ll Epistle to Judge Re●●● dated the 6 of Iune 16●6 now in print and called the Iust mans Iust●fication in which I have so truly and lively pictured the said unworthy follow King that I beleeve all the picture drawers in England cannot mend it and being necessiated by way of defence to touch ●●e Lord of Manchesters exceeding guilty conscience for protecting Col. King from the ●allowes contrary to justice and right and the Law marria● established by ordidance of Parliament u●der which authority they both fought though J am apt to thinke neither of th●● ever ●ild anything that had more danger in it then a R●t yet I say for that very Epistle the Earle of Manchester as to me is visibly caused me upon the 10 of Iune 1616. to be summoned up to the Lords barre who by law ar● none of my Iudges * Se Magna Charta Chap. 29. and the Petition of Right which confirmes i● Cooke 2. part institutes fol. 27 ●8 46. 47 48. V●● Plebis pag. 3● 3● 29 ●● 41. Regalley●nny page 43. 44 7● 76. Londons Liberty in Chains discovered pag. 68 69 the Oppressed mans oppressions declared pag. 17 18 19 the out cryes of oppressed Commons pag. 2 3. 4. also the Anotomy of the Lords tyranny being not any Peers and Equalls and there himself● being Speaker would c●ntrary 〈…〉 ●ined me upon inter regri●●ies for which 〈◊〉 necessitated in writing to pro●●st against 〈◊〉 which pioust you may read in the 5. 6. p●ges 〈◊〉 The Fr●●● 〈…〉 ●et which they unjustly committed me and for which to this day I lye by the heeles so not doubting but I have fully 〈◊〉 your objection I commit you to God and rest your faithfull and true friend ready to lay downe his life for the liberties of his Country Iohn Lilburn From my unjust captivitie in the Tower of London for the almost destroyed lawes and liberties of England which condition I more highly price though in misery enough outwardly then the visablest best condition of any Member whatsoever that sits in either or both houses being all and every of them for sworne having all of them taken oathes to maintaine the Lawes and Liberties of the Land and yet in their dayly practice destroy them of which sin and wickednesse they are all of them guilty in regard they all sit there in silence and doe not publiquely and avowedly to the whole Kingdome according to their duty declare their dislike of their crooked unjust and Englands destroying wayes this 30. April 1647. John Lilburne FINIS
wife to Lieut. Col. John Lilburn prerogative prisoner in the tower of London Feb. 8. 1646. Gentlemen YOu have all of you taken the Covenant for you have made an Order that no man shall sit in your House that will not take it where you have sworn to maintain the fundamentall Lawes of the Kingdome and for you to examine me upon Interrogatories is contrary to the fundamentall Law of the Kingdome and for me to answer to them is to be traiterous to my owne liberty or for you to proceed by any other rules to punish me for any reall or pretended crime but what is declared by the Law is unjust and unrighteous and therefore I humbly intreat this honourable Committee seriously to read and consider the Statute of the 42. of Edward the third Chapter 3. which thus followeth Item At the request of the Commons by their Petitions put forth in this Parliament to eschew the mischiefes and dammage done to divers of his Commons by false ●●●users which often times have made their a●●● a●onmo● for revenge and since for benefit the● for the profit of the King or of his people which 〈◊〉 used persons some have been ●aken and sometime caused to come before the Kings Counsell Which the Par●●ament is by 〈◊〉 or otherwise upon grievious paine against the Law this assented and accorded for the good governa●ce of the Commons that no man be put to answer with●ut presentment before Iustices or matter of record or by due processe and writ originall according 〈◊〉 to the old Law of the land and if any thing from henceforth be done to the contrary it shall be 〈◊〉 ●oid in the Law and holden for errour And sutable to this is the 19. chap of Magna Charta and ●he 5 E. 3.9 and 25. ● 3.4 and 28. E. 3.5.37 E. 3.18 which are all and every of them con●●rmed by the Pe●●tion of Right made in the third yeare of the present King which expresly saith No 〈◊〉 man ought to be adjudged but by the lawes established in the Realm and not otherwise which ●et●tion of Right you your selves have in every point confirmed as appeares by the Seatu●e that aboli●●th the Star Chamber and by the Statute that abol●sheth Ship-money and you your selves with your and lifted up to the most high God have often sworne vowed protested and declared you will main●ine preserve and defend the fundamentall lawes of the land and square your actions accordingly and ●●recate the wrath and vengeance of the great God of Heaven and Earth to fall upon you when you ●ase to performe what there you sweare to and declare and therefore Gentle men what thoughts soever d●spleasure you have towards me I hope you will be so tender of your own honours and reputations that will not in the least indervou● to deale with me contrary to the true intent and mea●ing of the forementioned lawes but if you should I cannot stoop unto any tryed that i● contrary to the pattern of the ●rem●ntioned honest just and good lawes and if you please to ●e me ●●●y the benefit of them I shall be ●●●dy to joyce issue with you whensoever you please and legally to answer whatsoever I have said and ●on● and so I humbly take my leave of your honours and rest ●●sbr 8. 1646. Your servant El●zabeth Lilburne And having finished hers and taken care to get a copy of it I begun to thinke what to doe fo●●y selfe and being very confidently perswaded that they would shew me my book and aske me if I ●ould owne it for mine because this was their method the last yeare with me as you may fully ●ad in a printed Epistle I writ to you last yeare when I was a prisoner under the S●rgeant at Arms ●f the house of Commons which Epistle is dated Iuly 25. 1645. And in my answer to William Prinus notorious lyes and fal●hoods * Which he was so ●ree of that he did print 13 or 14 in ●ight lines as you there may read pag. ● 5 6. see also pag. ●5 ●him called Innoceney and truth iustified pag. 6. 13 14. 15. 16. And therefore I fell to my pen and ●●k● but before I had writ a quarte● of that I intended my selfe to give into the Committee my keeper came and told me it was paston● a clock and therefore full time for us to be gone being we were to be there by two and in regard it was so very cold we marched all the way by land and comming to the outward Court of of wards before the. Committee said I fell to perfect what I had begun and as I was at worke out came to me a Citizen and told me there was a young Gentle-man in a for ●acket who looked something a squi●● pressed with a great deale of cho●er and indignation that I might be imediately called 〈◊〉 to answer for my notorious crime or writing the Oppressed mans oppressions declared which I say 〈◊〉 a book of truth and honesty and ●●●st as I had done I was called in before the Committee wh●●e I found as I conceived them 〈◊〉 ●reat many of the little better then the evish catch-poule Stationers whose trade it is for divers of them illegally and little better then felloniously to breake open honest mens houses and I 〈◊〉 Theeves and Rogues carry away their true and proper goods * As lately whit taker the Book-seller c. did mine the other day loading away 3. Porters with my proper and truly come by goods for which by Gods assistance I intend to arraign them as fellons and hang them if Law will doe it and a very large company of Parliament men as ever I see at a Committee to my remembrance before and looking well abou● me the most of them were to me men of new faces and one of them appeared to me to be one of Pryns infants or Minors not above 18. yeares old as I conceived but amongst them all I see not the face of one of my old acquaintance And after I had ●endered my respects to Mr. Corbet the Chair-man thereof he took a little book and read the title of it The Oppressed mans Oppressions declared c. and also turned to the last end of it and read the conclusion which was subscribed Iohn Lilburn Semper idem and told me he was commanded by the Committee to ask me this question whether I would own that book for mine or no unto which I answered Sir with the favour of this honourable Committee I shall humbly desire to speake a few words well said Mr. Corbet answer to the question Sir said I if you please to give me leave to speak well and good if not if you please to command me silence I shall obey you Saith he the question is but short therefore answer to it either I or no Sir said I I am now past a schole boy and have long since learned to say my A B C after my master but have now attained to a
power of the honourable house of Commons and looke upon it in its constitution at the greatest and legall best interest that the Commons of England ●ath and of all the Committees thereof that legally and ●ustly derive their power therefrom and act according to the Law and just customes of Parliament within their bounds unto all whose commands so farre as the established law of England requires me I shall yield all cheerfull and ready obedience but having the last yeer very large experience of the arbitrary and illegall proceedings of some Committee or Committees of the House of Commons and the Chair-manor Chair-men thereof and fearing to meet with the like now again● by way of prevention I amnec●ssitated humbly to declare unto this honourable Committee that in the dayes of the Star-Chamber I was there sentenced for no other cause but for refusing to answer to their interrogateries or questions and upon the 4. of May 1641. the honourable house of Commons whereof you are Members upon the report of Mr. Francis Rouse made these ensuing Votes Resolved upon the question That the sentence of the Star Chamber given against John Lilburn l●illegall and against the the liberty of the Subject and also bloody wicked cruell barberous and tyrannicall Resolved upon the question that reparations ought to be given to Mr. Lilburn for his imprisonment sufferings and losses sustained by that illegall sentence Here is your own iust and legall Votes in my own case to condemne as illegall and uniust all inquisition proceedings upon selfe accusing interrogatories and your Votes are sutable to the ancient and fundamentall lawes of this land as appeares by the 29. chap. of Mag●a Carta and the 5. E. 3 9 and 25. E. 3.4 and 2● E. 3.3 and 37. E. 3.18 and 42. E. 3.3 the words of which last cited Statute thus followeth Item at the request of the Commons by their Petitions put forth in this Parliament to eschew the mischiefes and dammages done to divers of his Commons by false accusers which oftentimes have made their accusations more for revenge and singular benefit then for the profit of the King or of his people which accused persons some have been taken sometime caused to come before the Kings Counsel * * Which the Parliament is by writ otherwise upon grievous paine against the law It is assented and accorded for the good governance of the Commons that no man be put to answer without presentment before Iustices or matter of record or by due processe and writ originall according to the old Law of the land and if any thing from henceforth be done to the contrary it shall be void in the Law and holden forerrour All which forementioned good Lawes are all and every of them confirmed by the Petition of right made in the third year of the present King Charle● which expresly saith no man ought to be adjudged but by the lawes establ●shed in the Realme and not otherwise which Petition of right you your selves in this present Parliament have in every point confirmed as appeares by the Statute that abolish●th the Star-Chamber and by the Statute that abolishe●h ship money and you your selves with your hands lifted up to the most high God have often sworne vowed pro●●●ted and d●e●●red you will maintaine preserve and defend the fundamentall lawes of the land and square you actions accordingly and imprecate the wrath and vengeance of the great God of Heaven an dearth to fail upon you when you cease to performe what there you sweare to and declare And therefore honourable Gentlemen what thoughts soever of ind●gnation and displeasure you have towards me I hope you will be so tender of your owne honours and reputations that you will not in the least endeavour to deale with me contrary to the true intent and meaning of the for●●entioned good and iust lawes But if you should I cannot nor shall not willingly stoop unto ●●y tryall that is contrary to the pattern of the forementioned honest iust and good lawes and if you please to let me ●●ioy the benefit of them J shall be ready to ioyne issue with you whensoever you please without craving any mercy pity or compassion at your hands and legally to answer whatsoever J have said or done But under the favour of this honourable Committee I die humblie conceive it will neither b●lu● nor honourable for the house of Commas to pun●sh me either for a pretended or reall crime committed by me in a bard tedious provoking and u●iust imprisonment while my case is depending before themselves and I by themselves extr●amly delayed in receiving iustice and right therefore I make it my humble suite unto this honourable Committee to represent myiust desire to the honourable house of Commons that they would first adiudge my cause betwixt the house of Lords and me which hath been dependant before them about this 8 moneths and either according to the lawes and constitutions of the land iustifie we or condemn me and then in the second place when they have done righteous and true iudgement in this then I desire them if they have any reall or pretended crime or crimes to●ay to my charge committed by me in my present hard uniust and extraordinary provoking imprisonment whilst J am managing my buslnesse before them that then they would proceed according to law with me and according thereunto to punish me without mercy or compassion which proposition I hope is so rationall that in iustiece it cannot be denied me So humbly taking leave of your honours I subscribe my selfe A true and faithfull servant to the honourable House of Commons to be commanded by them according to law and justice but no further John Lilburne From the outward Court of Wards 8. day of February 1646. And having concluded my paper now Mr. Corbet said I if you please le ts goe to the question well then said he will you renounce this booke or no Sir said I I had rather give you leave to hough ●e in ten thousand peeces then renounce any act of mine done by me upon grounded mature and deliberate consideration and therefore Sir somethings before hand premised J shall give you a possitive and satisfactory answer to the question And therefore in the first place I desire you and all here present to take notice that I doe not return you an answer to your question our of any opinion that J am bound in duty or conscience unto your Authority to doe it because you command me to doe it for I know J am actively only to obey you in lawfull things which this is not in the least for by law no man what ever is bound to betray himselfe Nor secondly J doe not return you an answer to it as though I were bound by any law in England thereto for I have before punctually proved it to your faces out of my paper that it is altogether unlawfull by the law of the land to presse or force me to answer
and to my understanding he there gives notable demonstrations to evince and cleare the forementioned charge I shall only instance that in pag. 112.113 VVhere his Majestie framing an answer to something they say in their Declaration about the Iudges and Members of Parliament he saith That by never having appeared at all in the favour excuse or extenuation of the fault of those Iudges who are to answer for any unjust judgement in all which his Majesty lest them wholly to their consciences and whensoever they offended against that they wronged his Majesty no lesse then his people And by his being yet so carefull of those Lords and Gentlemen it may appeare that his Majestie conceires that those only adhere to him who adhere to him according to law And whether the remaining part of the Houses be not more apt to repeal● their own impeachments and proceedings against those Iudges if they conceive they may be made use of and brought to adhere to them then his Majestie is to require they should may appear by their requiring in their 14 propositions that Sir John Bramston impeacht by then selves of so great misdemeaners may be made chiefe Iustice and by their freeing and returning Iustice Barkly accused by themselves of high Treason to fit upon the bench rather then free and imploy Iustice Mallet who was not legally committed at first but feicht from the bench to prison by a troop of Horse and who after so many moneths imiprisonment remaines not truly impeacht but wholly without any knowledge of what crime he is suspected And indeed their partiallity in doing justice and judgement appeares in no one man in England I thinke more then in old Sir Henry Vaine who by all men that I can talke with that knowes him and his practises renders him a man as full of guilt in the highest nature and court basenesse as any man what ever that was there For I have credably been told by one that sate in the short Parliament that he was the maine and principall man that instrumentally brok up that Parliament for in the House in the Kings name he strongly moved for twelve Subsidies when he had no such Commission from his Majestie but did it of purpose to set the Parliament in a heat and make them fly high against the King of which heat he took advantage and then went to the King and incensed him against them and thereby provoked him to break it up on set purpose to save himselfe from being questioned about his dangerous and desparate Monopoly of Gun powder and other of his illegall Knaveries in which he was deep enough even over both boots and shooes For Sir Iohn Eveling was the old powder master and then Sir Henry Vaine stept in and justled him out and got in one Mr. Samuel Cordwell one of his own servants that waited upon him in his Chamber who had the sole Monopoly of making all the powder in England and furnished powder for viid ●b into the Tower which powder was sold out commonly for 18. per. l. at the first hand besides the charge of getting first a warrant from the Counsell board to the Lord Newport then master of the Ordinance● to sell such and such so much powder which warrant besides the losse of time and trouble cost deare enough then there was a second warrant from the Lord Newport to be obtained to the officers of the Ordnance to deliver the powder out according to the warrant of the Counsell board and then there was a third warrant to be got from the officers of the Ordnance to the particular Clarke that kept the powder all which besides trouble cost money besides a see of a mark which was paid by the buyer to the officers of the Ordnance for every last of powder they delivered and the forementioned Cordwell Sir Henry Vaines Gunpowder Agent constantly ingaged to bring in every moneth to the Tower 20. last there being 24. barrells in every last and 100. l in every barrell and besides he as the principall instrument of setting this dangerous Monopoly on foot forced the Marchants and sea men many times for divers dayes together to stop their viages to their great and extraordinary detriment till they would give large bribes or were forced to use some other indirect means to obtaine his warrant c. to get powder out of his unjust Monopolizing hands to furnish their ships for which notwithstanding they were forced to pay above double the price for it nay almost trible according to the rate it was sold at before his Monopoly Yea and by this meanes he wickedly and illegally disfurnished all the Countryes in the Kingdome at is notoriously known to all the Deputy Lieutenants by meanes of which he laid the Kingdome open to the invasion and over-running of aferraign enemy which did create nourish and foment strange and strong jealousies in the people that there was some strange and desparate designe upon them to inslave and inv●solize them which was no little occasion of out present warres by blowing of coales to the fomenting and increasing of devisions betwixt the King and the people Yea and besides all this he was not one of the least of Canterburies Creatures being not a little active in the Star-Chamber to serve his ends the smart of which with a witnesse I am sure my shoulders selt For upon the 13. of Feb. 1617. in the 13. yeare of the present King the Lord Coventry Earle of Manchester Lord Newburgh old Sir Henry Vaine Judge Bramstone and Judge Jones in the Star-Chamber sentenced me for refusing to take an illegall oath to answer to their Interrogatories to pay to the King 500. l to be bound to my good be haviour to be whipt through the strect to Westminster and there to be set upon the Pillory and then to remaine in prison tell I conformd to their tyrannicall commands Which decree or sentence you may at large read in the 1 2 3. pages of my printed relation of my Star-Chamber sufferings as they were presented by my Counsell Mr. Bradshaw and Mr. Iohn Cook before the Lords at there Bar and proved by witnesses the 13. Feb. 1645. the barbarous execution of which you may read not only in that relation but also in a large relation of it made and printed by me that yeare I suffered called the Christian mans tryall and lately reprinted by Mr. William Larnar in Bishops-gate street and in my bookes also then made called Come out of her my people the afflicted mans Complaint A cry for justice my Epistle to the Aprentizes of London and my Epistle to the Wardens of the fleet which foresaid sentence the House of Commons after a long and judicious examination and debaite thus voted Die Martis May 4. 1641. Mr. Rouse this day reported Iohn Lilburn his cause it was thereupon ordered and resolved upon the question as followeth Resolved upon the question That the sentence of the Star-Chamber given against Iohn Lilburn is illegall and
against the liberty of the Subject and also bloody Wicked cruell barbarous and tyrannicall Resolved upon the question That reparations ought to be given to Mr. Lilburne for his Imprisonment sufferings and losses sustained by that illegall sentence Ordered that the Committee shall prepare this case of Mr. Lilburnes to be transmitted to the Lords with those other of Doctor Bastwicks Doctor Leighton Master Burton and Mr. Pryn. Hen. Elsing Cler. Dom. Com. And though it war a matter of foure yeares before I could get this my case transmitted to the Lords the obstructing of which I cannot altribute to any but principally to that old crafty For Sir Henry Vaine who I am confident of it hath long since deserved the Ax or Halter and and his powerfull interest and influence especially by his sonne young Sir Henry though Machiavel like he faces and lookes another way who for ●ll his religious pretences I for my part thinke to be as crafty though not so guilty a Colt as his Father which I beleeve I could easily and visibly demonstrate which I groundedly apprehend I have sufficient cause administred unto me to doe especially for some suttle cunning but mischievous late underhand dealings by as guilded instruments as himselfe but at present for my own interest sake I will spare him though my ●ingers itches yet I must tell him I am very confident for all his ●●●guises he will shortly be known to consciencious men to be but at the best if he be no more then one of the p●e●●gative quench coales to keep the people in silence from acting and ●●●ring t● deliver themselves from slavery and bondage And when● came amongst the Lords they the 13 Feb 1645. decreed that that sentence and all proceedings thereupon shall forthwith be for ever totally vacuated obliterated and taken of the file 〈…〉 Cou●●s where they are yet remaining as illegall and most unjust against the liberty of the Subject and law of the land and Magna Charta and unfit to continue upon Record And 〈…〉 said L●lburn shall be for ever absolut●ly freed and totally discharged from the said s●●●●●ce and all proc●e●ing thereupon as ●ully and ample as though never any such thing h●●●●n c. 〈…〉 may a● large read in the foresaid relation yea and by an other decree ordered 〈…〉 And down into the House of Commons they send my Ordinance for their c●ncu●rance which is there again bl●ckt up as I may too justly conceive by the powerfull and unjust 〈◊〉 of the fore mentioned old tyr●nnicall Monopo●izer Sir Henry Va●ne for which by Gods a●●●sta●ce s●eing I have no other ●●medy nor meanes left me to obtain my right and the 〈…〉 of the Kingdome I am resolved to pay him and all that I can g●oundedly know and heare joynes and concurs with him to destroy me and hinder me of justice and my right which should preserve me and keep me and mine alive cost it hanging burning drowning strangling poysoning starving cutting to peices or what ever it will or can yea though it loose me all the interest I have in the world in any or all the great ones thereof put Lie● Ge●● Cromwell into the number And therefore J desire not only your selfe but all impartiall Readers that reads these lines to judge whether it be not the hight of partiallity and in justice in the House of Commons to ●●●●er him to sit and vote there especially they having throwne out divers others for ten times lesse faults then he is publiquely known to be guilty of and I desire you to satisfie me whether or no the people for their owne wellfare are not bound and may not groundedly petition the House of Commons to throw out him who is so great a transgressor and violater of the Lawes of England and therefore altogether unfit to be one of those that maketh and gives lawes unto the free men of England for in my apprehension if there were no more to be laid unto his Charge but to have been so unjust and unrighteous a Iudge as to have had a ●inger in inflicting a sentence that is voted by the house of Comons in the dayes of their verginity purity and uncorruptnesse to what it is visibly now yea himselfe sitting as a Member there to be not only illegall and against the liberty of the Subject but also bloody wicked cruell barbarous and tyrannicall it alone were legally and justly cause enough for ever to eject him O England England woe unto thee when thy chosen preservers turne to be thy grand destroyers and in stead of easing thee of thy grievances with a high hand of violence protect from justice those that commit them and thou seest it and knowest it and yet art like a silly Dove without heart and dares not open thy mouth wide to reprove it and indeavour by petition or otherwise the amending of it surely and undeniably that body who or what ever it be that is not able to evacuate its excrements is nigh unto the giving up the Ghost or bursting out into such botches and ulcers that it shall be an eye sore to all that behold it and stinke in the nostrels of all men that have their senses But with your patience I will trace this old For a little further and see how he hath plaid his cards since this Parliament fate and to let pass● his unfaithfull dealings with his master the King whose Secretary of State he was and yet could not or would not keep his secrets which is an act base enough in it selfe although as J have been told by one very neare and deare unto him his places he injoyed under the King were w●ith to him 8●00 l. per ann●● but having as before is truly observed before this Parliament by acts of basenesse done ●●he was a Courtice and a ●rivie Counseller too himselfe over boo●● and ●hooes and seeing that it was impossible for him and all his confederates to break of this Parliament as they did the late short Parliament therefore it behoved him for the safety of his own head to lay his designes so as that h● might by the swaying party merit preservation to himselfe which to doe being as he was a Secretary p●●rie to all the King and Court● principall secrets though he was under an Oath and the strictest obligation of se●●ecie that could be yet they must all out and out they went as in the case of the Earle of Strafford of which I have heard some great ones say it was scrued to the highest pin if it were not higher then in honesty justice it should but all this was done that he might not only save himselfe but gaine an esteeme in the present Parliament and so be in a possibillity by the interest of his son Sir Heary although to men that were halfe blind there was and I thinke still is a seeming enmity betwixt him and his Father in time to make himselfe amonds for his 8000. l a yeare by his places which by disserting
of the Committee and hath also the Posse commitatis of the whole County put into his hands as being the fitte●● man to be High Sheriffe there yea and no●irin that County what ever a King is in his Kingdome that saying of Da●i●l chap. 5.19 concerning the power of ●●●●bad nezzar being too truly verified of him and his father in ●efo●e●ce their acted and executed power in that ●oore County that whom they will they set up yea even as arch blades as Sir George himselfe and whom they will they pull down and all the people there in a manner tumble and feare before them But this is not all for the Parliament upon the clearing of the Country sent a Magazine of Ammunition and Armes downe which was landed and laid up at Sunderland in the possession of my Vn●le Mr. George Lalburn one of the Deputy Lieutenants and Iustices of Peace c. of the County which Sir George Vaine by his supreame prerogative sent for away and put into his Fathers Castle of R●b no laid in store of Provisions there but I will not say he sent for some scores of Cavieliers from a Castle in York shire to come and take possession of it so soone as be had so done but this I will say that they did come and take possession of it with a great deale of ease and it cost the Country some thousands of pounds before they could take it againe So here you have at present a briefe relation of the game that Sir Henry Vaine hath plaid this many yeares together by meanes of which he hath got a great estate but I may say an ill estate to leave to his son Sir Henry principally a man for all the experience I have had of him and I have had not a little no whit inferior in my apprehension to his Father in Machiavels principles for all his guilded professions and truly it is very strange tone what the Family of the Vaines hath deserved of this Kingdome that they must have so many thousands pounds a yeare out of the Kingdomes Revenue in its present great and extraordinary poverty as they have never any of which ever hazarded the shedding of one drop of blood for the Parliament or Kingdome And besides the two sonnes before mentioned there is a third lately come out of Holland that was a Captain there and though he hath not one foot of Land in the County of Durham yet he is as I am informed lately made a Iustice of peace and hath besides profitable and gainefull Offices there I pray Sir what doe you thinke such doings as this of which the Parliament is full as I could easily declare doth portend to the whole Kingdome doe you thinke that it portends lesse then absolute vassolage and slavery to the whole Kingdome by a company of base and unworthy men set up by the people whom they may if they please pull downe by calling them home and chuse honester men in their places in a new Parliament to call them to a strict accompt without doing of which the lawes and liberties of England are destroyed and our proprieties utterly overthrow that doe and will tyrannise ten times worse ov●r us then ever our prerogative task masters of old did Sir sure I am by the antient good just and unrepealed laws of England it is inacted that a Parliament should be holden every yeare once or m●re oftner ●f●●ed require for the maintenance of the lawes and the redresse of divers mischiefes and grievances which dayly happen 4. E. 3.14 and 36. E. 3.10 And by the act made this present Parliament in the 16. yeare of the King called an Act for the preventing of inconveniences hapning by the long intermission of Parliaments there It is provided in ease the King doe not performe his duty to the Kingdome in summoning of Parliaments as he ought that then we shall have a Parliament once in 3. yeare whether he will or no as appeares by the Act it selfe which most excellent Act is altogether fruitlesse to the Kingdome if we must have a perpetuall Parliament and therefore an everlasting Parliament is the greatest abridgement and de●●ustion to our lawes liberties and proprieties that possibly can be imposed upon us the present Parliament men being in their owne principles unpuestionable lawlesse uncontrowleable and so are a kind of Monsters rather of the Divells creation then Gods for he never created and made any man lawlesse during all whose fitting as they by their actions order the matter we have no propriety in our lives liberties estates or trades for all of them are subject to be destroyed by a Vote and 〈◊〉 sometimes it may be carried but by the Vote of one of D. Bastwicks N●nyes or 〈…〉 Prynt Minors or Infants it may be but of 18. yeares old 3. yeares younger then any 〈◊〉 to be by law that can sit in that House nay to such a hight of tyrannie are these 〈…〉 grown that they by Vote without law of reason take our liberties from us upon 〈…〉 and false report of any of their Members or any of their secofanising Catch pouled 〈◊〉 either the bearing us speak for ourselves or so much as telling us the cause wherefore 〈◊〉 imprisonned and this the last yeare in every particular was my portion by the mean●● of 〈◊〉 William ●●th●ll Speaker of the House of Commons D● Bastwick and that bas● and 〈…〉 fellow Col. Edward King who divers yeares agoe deserved to be hanged for be●●●ing 〈◊〉 trust reposed in him by the Parliament this was lately the portion of Major T●●●● by 〈◊〉 means of M Hollis Sir Walier Ea●le Sir Phillip Stapleton Sir Sam. Luke the rest of their g●● trusty and doubty Associates O brave Parliament Which by its constitution on and primitive practises was a Bulwarke to secure the Commons of England from being ca●e● up and destroyed by the prerogative and wills of the Kings of England but ha●●●● now f●r ●aken this first station destroyes us with unknown unlimitted and arbitrary priviledger more th●● 〈◊〉 the prerogatives of any King of England since the first day of M●g●● Ch●●tas estiblish●●● and are unaccomptable for any thing they say and doe yea and doe not only act the Parliamentary power but also a regall power yea and though they count themselves the great●●● Iudges in the Kingdome yet contrary to law justice reason and conscience take upon them for sees which I may call bribes to plead causes before Iudges of their own making who dare as well ease their fingers ends as displease them and then in conclusion it may be the very same causes by way of appeale comes before themselves as supreame Iudges and judge yo● how those causes must goe in which they have been and it may be are Hackney Counseller which they ought not in the least to be it being not only contrary to law but the 〈◊〉 of Iudges that any Iudge should give Counsell or be a Counseller Yea Parliaments in former
times used to be so carefull in the discharge of their Da● for the welfare of the people that did chuse and be trust them that they would impose nothing upon the people that might be a burthen to them without acquainting them first with●●● 〈◊〉 Sir Edward Cooke that learned Lawyer in the 4. part of his Inst●●●tes Chap. of the high Court of Parliament fol. 1● declares his words are as followeth which is printed by the present Parliaments speciall order It is also the law of the Parliament that when any new device is moved on the Kings 〈…〉 Parliament for his aid on the like the Commons may answer that they ●●●der●d the Kings sate and are ready to aid the same only in this new device they dare not agree without conser●●●ce with 〈◊〉 Countryer whereby saith he it appeareth that such conferences is warrantable by the law ●●●●stome of Parliament And folio 34. he saith that at the Parliament holden in the 9. E. 3. whe● a m●●ion was made for a subsidy to be granted of a new kind the Commons answered that they would b●ve conference with those of their severall Countries and places who had put th●● 〈◊〉 trust before they treated of any such matter Set my b●●k●●alled Innocency and truth just f●e● pag 60. But now things by the present Parliament are so carried as if they were absolute Lords over al the estates of al every individuall in the Kindom that chuse and trusted them and as though they might leavie upon them at their wills what they pleased and dispose of it how they pleased even to their own particular pockets to the inrichment of their particular selves See the Opressed mans Oppressions declared pag. 22 35. Regall Tyranny p. 10● ●04 105 106. and Londons account So that the People now are without a Bol-warke to preserve them from being swallowed up by unlimited prerogative unknown priviledg●● exercised by them so that by their owne principles if they vote to set up ●o●ary o● the ●urki●● A●●●●● 〈…〉 it be cause they vote and declare it and if they vote into their owne 〈…〉 we must give them unto them or if they vote to monopolise unto themselves ●ll our ●ives and children we must part with them to them because they vote it and have no remedy to helpe our selves because we have trusted them O brave Parliament principles though we never intended them in the least any power at all to doe what they list nor any other power but only ra●iona●ly to the best of their understandings according to justice 〈◊〉 and right ●eason to provide for our greater happinesse and better well being which they themselves before they had ●or the King and his party downe did honestly confesse book ●ecl 1 〈◊〉 pag. 1● 〈…〉 to call the Iudges to an account and to punish them if they should per●●●● the law and justice of the Kingdome either by the King flatteries letters commands or threats which the law expresly ●aith they are not in the least to regard in the administration of justice 9. 〈…〉 8.5 E. 3.9.14 E. 3.14 11. R. 2.10 And if they see cause to call the Lord 〈…〉 c. to account to know and see if the publique Treasure of the ●●●dome be 〈…〉 according to the end and uses that it is assigned 〈…〉 for the good preservation safety and protection of the Kingdome and not to be imbe●elled or ●●●●●ed 〈◊〉 ends or use 〈◊〉 warrantable not justifiable But they were never in the least betrusted with a power to protect and beare out their own Members in all manner of treachery and basenesse committed by them against the Kingdome as I could easily instance they have done in divers and to cheat and 〈◊〉 them of great and vast sums of their money and yet not to be liable to be called to any account for it see Mr. Andrew Burrells Remostrance to the Parliament of England and the state of Irish affaires presented to the Parliament by the Committee of adventures in London for Ireland and Regall Tyranny pag. 101 102 103 104 105 10● in which pages i● i● declared that a right reverend Gentleman of the House of Commons Sir John Clotworthy and his agent Mr. Davis have put in their particular pockets 97195. l. of the money raised for the relief of Ireland and I have heard that the foresaid Committee of L●●dou●r● ha●●●s●●●ted Sir J●●● Clotworthy to the purpose in the House of Commons about 24000. d. that they possitively say he hath in his hands if as I am informed he had not by a great deale of industry found some very great Citizens tardy contrary to the law in transporting beyond the Seas Silver and Gold who improved all their interest to keep him from complaining and it is thought prevailed on purpose with the said Committee to cease prosecuting Sir John Clotworthy that so he might cease of securing them for their transportations nay it is verily though some lickt their fingers soundly about this businesse for I have from very good hands heard there are some notable blades about London that can easily discover so many great men about London capitally tardy with transporting of the Kingdome treasure beyond the Seas that if there were any that would doe impartiall justice in 〈…〉 the penalty of the lawes divers hundreds of thousands of pounds might easily be raised to be put into the publique purse only it were worth the Commons of Englands serious looking to it that three quarters of it were not put into particular Parliament mens pockets Oh for a new chosen Parliament to find out that almost unfadomable knavery that i● amongst divers of this Parliament about mighty sums of the publiques money J d●re boldly aver it that all the businesse against Strafford Canterbury Lord Keeper Finch Lord Chieft Iustice Br●mstone Iudge Ba●●let Barron Tr●ver Sir George Ratcl●ffe The Farmers of the Custome house Alderman Abell Mr. C●●vet and the rest of their Cater-piller brethren Monopolisers was never when they were openned more odious to the people then the villanny and roguery of divers of the present Parli●●●●● men would end●ay appeare if there were any uncorrupted and ●●partiall ●udge●● 〈◊〉 open which 〈◊〉 they are is impossible to be found or had they being generally and 〈◊〉 in a manner so corrupted with ●●g●●ing the States money that for my part I am very 〈◊〉 dea● of it they da●e not ●ip up one anothers knavery for ●eare he that first begins gets a 〈◊〉 himselfe before he hath done Yea I have observed it for divers moneths together that 〈◊〉 a common practice in the House of Commons that as soone as a Soldier is chosen a Parliament man of whose honesty valour and boldnesse many people had high thoughts of but ●●minatish him and low up his lips which gifts doe Pa●● 23.8 Deut. 16.19 Eccles 1● 11 within a moneth or six weeke● very commonly order that he shall have his Arrears can ●pa●● paid him of else a Vote for 〈◊〉 or
to the Iudges Foster 〈◊〉 Heath 5. to draw a sequestration for my life according to Law which they did 6. and brought it to the house and the House confirmed it 7. and ordered it to my Lord Keeper who decreed it in Chancery 8. and set it out under the great s●●le of England I having all this while received nothing from the Estate the great seale being made voide I petitioned to the house in ●●ay last 1646 for the new broad s●ale which was granted me 9. and J therewith sequestred part of the Estate but never ●●●ved but one five pounds thereof In the meane time my husband petitions to the house for a r●-bearing alledging he could pr●●● incontinency against me it was granted him and comming with our Counsell to the barre my counsell pleaded his severall contempts at which time 〈◊〉 were dismissed the● he petitions againe gets of his contempt paying me my arrears 10. which was 〈◊〉 hundred pounds before he should have a re-be●●ing then he petitions againe and then I was ordered to suspend the arrears till after the hearing 11. then we had a hearing Counsell of both sides meet without witnesses on his side there was nothing or little proved and ●●l●●red of wh●●●spertions were laid upon me i● then the Lords referred it is all the 〈…〉 what alley money was due to a woman by the law 1● who reported there 〈…〉 report they dissin●ulled all their former orders took of they s●●●stration 14. and di●●●●ssed the cause though my Counsell cited to them severall cases of wom●n that were found g●●●ry of incontinency As Sta●ely 15. Dutton and others I have spent above foure hundred pounds in the suite and now no less without relase as at the beginning The Judges report was but verball which is no●●●din●●● At the giving me an estate there was three score or foure scare Lords at the raking it away there was not above twelve or fourteen and two of them protested against it which was my Lord North and Moulgrave My Counsell were Mr. Maynard Mr. Horne and Mr. Nudi●●● Elizabeth Walter Now I pray you friend judge and consider whether or no these Lords be not a company of brave and gallant conscionable men fit to be our Law makers indeed that can make a poore Gentlewoman dance above 6. yeares attendance for a little reliefe to keep her and her children alive for you see that when her husband left her he left her ●●●eaven pence and did not forsake her for any undutifullnesse or incontinency but rather th●● he●●igh● have elbow room enough to live as incontinent as his lust pleased and yet in conclusion to expose the poore Gentle-woman and her three children in the eye of reason to a perishing and starving condition after she hath spent above 400. l. to obtaine that at their ●●●ds that in it selfe is as just equitable and conscionable as any thing in the world can he c●nduf●●r they have made her order upon order for the possessing of her just desire 〈◊〉 full I thinke for I have read the mall as it is possible to he comprised in paper and I desire ●ot only you but all the Ladyes and Gentlewomen in England yea all the Fathers of F●meni●e creaturel to consider what a sad thing it is that if they shall bring up their daughters well and bestow large portions upon them and marrie them and their husbands shall live with them tell he hath got three or foure children upon them and then at his pleasure without any just cause given him by his wife for ●he satisfying of his lust upon a whore or whored shall leave his wife and children to the wi●e world and not allo● them fix pence to live upon and then which is worst of all to be in such a condition that they have no legall way to compell him to doe it for it see ●●es by the gallant but not unspotted justice of the House of Lords to this Gentle woman there is none and yet they can find some to commit Mr. St●vely to prison for refusing to pay his wife ally-money who I my selfe have heard him c. say li●es in the highes● professed and open incontinency that a woman can I pray answer me this whether these very Lords doe not by these two forementioned actions visibly declare that they are greater friends to whores and ●ogues then to honest chastmen women whether injustice oppression be not more delightsome to them then justice righteousnesse and truth and whether or no it is possible to be in a worse a sadder condition then when such men as these fi● at the Helm and govern the stearn of it not by true just rationall principles but by the crooked ●hir stand perverst principle of their owne crooked partiall and depraved wills 〈◊〉 England England woe woe unto th●e in this thy present sad condition which thou seel 〈◊〉 will not see and which thou feelest but wilt not feele but stoop Isakar like unto the burthen and no●●●ke any rationall course for thy preservation from being as ●●●lla●●y and a prey to every from 〈…〉 which 〈◊〉 neessity thou must 〈◊〉 in conclusion in the way that is now ●●ad ●●●●ly if the Lords of C●●mons or both of them put together ●●y doe unto thee what they please without my c●●trole because they are thy Magi●●rates and thou with all submission must stoop unto a 〈◊〉 of necessity thou art guilty as a wilfull murtheter in sh●ading the blood of all the Cavi●●●● for endeavouring to protect their King from thy violent and furiou● hands who is a hun●●ed times more secured and for●●fied with the expressed and declared law of the Kingdome then the Parliament is who now doe what they list yea levie money upon us and put it in that own pockets and pretend we must 〈◊〉 que●tion them and aske them wherefore they d●●s● because we have rusted them Oh brave Parliament principles indeed fitter for the gre●● Turke then for English Parliament men The second thing I shall declare to you is the scandalous and base dealing of William 〈◊〉 with me a fellow so unworthy and base and so fraught with malice and blood th●● 〈◊〉 and so habituated in telling lyes and falshoods that a man of unspotted worth honour and integritie would scorne as Iob saith chap. 30 1● ●o set him with the dogs of his flock who a about this 3. yeares hath been an agent in the hands of the Divell maliciously and causeles●y to indeavour with all his might the destruction of the generation of the righteous pu●●●sed with the blood of the Lamb in this land and Kingdome and either to have them 〈◊〉 hanged kild or banished of which when 〈◊〉 a wel wi●●er alve●●●s●● him as you may read 〈…〉 primed spistle to him dated 7. Ianuary 1●45 and in my printed ●ra●ons delivered into the Committee of Examinations dated 13. Iune 164● the 〈◊〉 was fild ●o fullo● fury as 〈◊〉 be would cate me up at a mouthfull and
a Soldier and are meerly in my apprehension intentively erected to cheat and insnare honest faithful Commanders of their just due though for my part I do acknowledge I hate no particular charge concerning my selfe against any of that Committee but ●ryn And when I told-them I had my commissions ready to justifie my service and craved so much money as my right for my faithfull service and therefore desired them to let me receive a charge what moneys c they could six upon me and I shall either acknowledge it or disprove 〈◊〉 but they told me they could doe nothing in my businesse unlesse I would take the oath then 〈◊〉 told them I must and would repair againe to the House of Commons that sent me thither so I was dismist without receiving any charge though I earnestly desired it and so it remained and I followed my other businesse about obtaining reparations from the houses about my Star-Chamber sufferings which when I had got it into a good forwardnesse to divert and disinable me to follow it by Pryns meanes as I conceive I was summoned to come before the Committee of Accounts with a warrant in these words By vertue of an Ordinance of Parliament of the 12. of February 1643. for taking the generall accounts of the Kingdome these are to require you to appeare before us of the Committee appointed by the said Ordinance at the House of sir Freeman in Corn-hill London on Wednesday next at ten of the clock in the forenoone hereof faile you not dated the 9. of March 1646. Authony Bidd●l Thomas Hodges Robert-Ellis Iohn-Gregory Thomas Bramfi●●● Henry Hunter Richard Burren Hump●rey Foord To Lieut. Col. Iohn Lilburne And comming before them I desired to know their plesaure with me and Mr. Pryn being in the Chair told me to this effect Lieut. Col. you were some months agoe with us by vertue of an order of the House of Commons about your accompts and we gave you time ever since to state them but we hearing nothing from you according to our expectation about them wee have sent for you to cleare your selfe of above two thousand pounds that is fixed upon you to be ●eceived of Mr Goulsone the treas●●ter Mr. Weaver and Col. King unto which I replyed to this effect with the favour of this Committee I by my owne seeking procured the Order from the House of Commons that gave you particular cognizence of my accounts and accordingly I of my own accord brought it to you being not compelled therunto by any man according to that which J conceived just I ●●●●●estly desired of you that the par●●es concerned ●o my accounts might by you be summoned to come before you that face to face I might rective a charge of what monys they had paid me that so I might either confess it or disprove it and then obtain your certifica●● for that which is behind as due to me which I am very confident it divers hundreds of pounds for any pay for my hazard us faithfull and industrious service and truly Gentlement you refusing this unto me as you did and would ●●●e had me upon my path to have charged my selfe which J for my part though you have an Ordinance of Parliament to ●●●horise you so to doe did and still doe conceive it unjust and therefore without hope from you departed to seeke my right in a more legall and just way from those that sent me 〈◊〉 these was the tearmes upon which we then parted and I am sure you neither desired not commanded me any more to come to you neither did I promise to come to you and besides th●● losse of time is no l●sse to you nor the State but to me in whose debt the State is and a● I to them and assure your selves if I had not assuredly known that the State is in my debt I would never have taken so much paines to have run through so many difficulties to have got my accounts audited And set the 2000. l. and above you say I am to account for it is very strange to me how it is possible to fix such a charge upon me having never received I am confident ●00 l. of the Earle of Manchester or any under him for all my service under his command * ●t is true when I was a prisoner in New gate by the House of Commons they upon the petition of some of my friends in London which you may read in Innocency and Truth justified pag 29. ●0 sent me 100. l. which I was t●ld was in part of my arrears though I did and still doe l●ke upon it as a gratitude of the house for so unjustly imprisoning me as then they did or else of Mr. Sp●●ker who was the principall instrument of clapping me by the heeles without ever hearing me speake one word for my selfe or examining one witnesse against me or ever to his day telling me wherefore I was so imprisonned and for the money for my Soldiers it was most commonly paid unto my officers and besides it was so little and so seldome and so well knowne before we received it to the Soldiers how much it was that it was impossible for me or any under me to co●●● them much l●sse of any such sums to be compared to 2000. l. And therefore I make it my earnest desire unto this Committee that I may receive a particular charge from you in writing and that J may not be tyed up to a few dayes to answer it but that I may have some competent time allowed me that so I may not be hindred or disinabled to perfect my businesse now depending before the Lords which I have already made a good progresse into and have got a decree for 2000. l. for my Star Chamber sufferings and am dayly to waite upon them to perfect an ordinance they intend to make and send downe to the house of Commons to inable me effectually to receive the full benefit of their decree and hope Gentlemen you wil not hinder me to follow my business by cōmanding me to wait here upon you when I must of necessity be waiting upon the Lords or the Commons and if you should command me to waite here and I not come by reason of my businesse at Westminster which J am sure some of you knowe● of you would goe neare to take it for a contempt yea and for it it may be clap me by the heels by meanes of which my businesse with the houses would utterly be undon and therfore I desire some competent time but as I remember it was possitively told me they could not give me such a particular charge as I desired before I had taken the oath but yet divers of the Merchants said God forbid they should hinder me from following my businesse at Westminster especially seeing as one of them said my businesse before 〈…〉 obtained by my own solicitation which they conceived I would not so earnestly have followed unlesse it had been for my