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A74791 A whip for the present House of Lords, or the Levellers levelled. in an epistle writ to Mr. Frost, secretary to the Committee of State, that sits at Darby House, in answer to a lying book said to be his called A declaration, &c. / By L.C. Io. Lilburne, prerogative prisoner in the Tower of London, Feb. 27, 1647. Lilburne, John, 1614?-1657.; Frost, Walter, fl. 1619-1652. 1648 (1648) Thomason E431_1 47,524 30

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I had given them the substance of the beginning of our discourse there I ●cquainted them that it was objected by some in the Company that the people all over the Kingdome ●ere generally very ignorant and malignant and hated the Parliament and us whom they called Round ●eads Independents c. for our Cordiall adhering to them under whom they groaned under greater op●ressions and burthens then before the Parliament And for all their expences and fightings were never 〈◊〉 whit the fre●r either at present or in future grounded hopes and therefore for us that were for the ●oresaid reasons so hatefull to the generollity of the people to act in this Petition they would but con●emn it for our sakes and be provoked to rise up against us Vnto which Mr. Speaker my self c. answered to this effect the people are generally malignant and more for the King then for the Parliament but what 's the reason but because their burthens are greater now then before and are likely to continue without any redresse or any visible valuable consideration holden out unto them for all the blood and treasure they had spent for their liberties and freedoms And the reason why they were so ignorant and did so little enquire after their liberties and freedoms was Mr. Speaker because that though the Parliament had declared in generall that they engaged to fight for their liberties yet they never particularly told them what they were nor never distinctly h● forth the glory and splendor of them to make them in love with them and to study how to pres 〈◊〉 them and for want of a cleare declaring what was the particulars of the Kings rights and the natu● of his office and what was the Parliaments particular priviledges power and duty to the people of 〈◊〉 Kengdome that chosed and betrusted them and what particularly was the peoples rights and freedom● they were hereby left in blindnesse and ignorance and by reason of their oppressions because the● knew no better doted implicitely upon the King as the fountain of peace justice and righteousnesse without whom nothing that was good could have a being in this kingdome And I told them 〈◊〉 Speaker it was no marvell that the poore people in this particular were in foggs mists wildernesse● and darkenesse considering that this House in their Declarations hath so plaid at fast and loose w●● them for though Mr. Speaker this house voted to th● effect * See the Votes of May 20. 1642. 1. part book decl pag. 259 260. compared with pag. 499. 508 509 574. 576. 580. 584 587. 617. 618. 632. 640. 722. 914. that the King being seduced by evill Councell h● made warre against the Parliament and people and that th● are trayters that assisted him And further declared th● he had set up his Standard against the Parliament an● people and thereby put the whole Kingdome out of his protection contrary to the trust reposed in him contrary to 〈◊〉 oath dissolving government thereby And that he in his own person marched up in the head of o● Army by force of Armes to conquer and distroy the Parliament and in them the whole kingdome th● lawes and liberties And yet Mr. Speaker with the same breath declared the King is the fountaine of justice * See 1 part book decla p. 199. 304. and that he can do● no wrong and forc'd the people to take oaths and Covenants to preserve his person and yet at the same time gave the Earle of Essex and all those under hi● Commission to fight with kill and slay all that opposed them and declared the King in his own person marched in the head of an Army to oppose and destroy them and yet gave them Commission to fight fo● King and Parliament so that Mr. Speaker here was riddle upon riddle and mystery upon mystery which did even confound and amaze the people and put them into Woods and Wildernesses that they could not see or know where they are or what to think of themselves or of the Parliament or o● the King only this they very well know that their burthens are greater now then ever they were before and that they have been made fooles in pretendingly to fight for liberty which hath brought them into bondage and that though it was formerly declared the King had no negative voice or legislative power but is bound by oath to passe all such lawes as the people folke or Commons shall chuse yet no● the Parliament sends unto him againe and againe for his concurrence to their Acts as though the giving of life soule and power to their actings were undisputably and inseparably inherent in him and as though now there consciences told them they must crave pardon of him for all the actions they have done without him and against him O ridles and unfathomable mysteries sufficiently able to make the people desirous to be ignorant of their liberties and freedomes forever and never to hear of them more especially considering they have paid so deare pretendedly for the enioyment of them and yo● after 5. years fighting for them know not where to find one of them But Mr. Speaker they were told that in this Petition the people had clearly held out unto them and that upon the undeniable principles of reason and justice the Kings rights the Parliaments and their own and that the two former were and of right alwayes ought to be subservient to the good of the latter and they were told it was not so much persons as things that the people doated upon and therefore undoubtedly those that should really hold out iustice and righteousnesse unto them were those that they would be in love with and therefore in mercy to our selves and in love and compassion to our native Country it was pressed that every man that desired to fulfill his end in comming into the world and to be like unto his master in doing good should vigorously promote and further this just and gallant Petition as the princeple meanes to procure safety peace iustice and prosperitie to ●he land of our nativitie and knit the hearts and spirits of our divided Country men in love againe each unto other and in love unto us which they could not chuse but afford when they should visibly ●ee we endeavoured their good as well and as much as our own there being all the principle founda●ions of freedome and iustice that our hearts could desire and long after in this very Petition And if our greatest end were not accomplished in our prosecuting of this Petition viz. the Parliaments establishing the things therein desired yet the promoting of it would beg it understanding and knowledge ●n the people when they should heare it and read it and discourse upon it and if nothing but that were effected our labour would not be totally lost for nothing did more instate Tyrants in the secure possession of Tyranny then ignorance and blindnesse in the people And therefore for the begitting of knowledge
distroying ring leaders amongst them the Earle of Straffords punishment I shall never iustifie you for righteous and impartiall Iudges or think that you have discharged your duty either to God or the Common wealth And then Mr. Speaker in the second place as for the Lords Legislative power I told my friends to this effect that the Lords usurpations in that particular had been the cause of all the late wars and blood shed in England And Mr. Speaker I illustrate it unto you thus that before this Parliament was called there were certain great and wicked men in England that had in a manner totally destroyed and subverted all our lawes and liberties For the Judges in the iudgement of Ship money alone had given up to the King at one blow all our properties and by consequence all our lives and all that was deare unto us And these with many others had de facto set up an arbitrary tyrannicall power beyond above all law which is well set forth in your first Remonstrance of the state of the Kingdome which had like to have destroyed this whole Nation and the King being of necessity compeld to call this Parliament this House in its verginitie and puritie according to the great trust reposed in them endeavoured to execute justice and judgement upon the forementioned tyrannicall law and liberty destroyers whose power and interest by reason of those many great places and command they possessed in the Kingdome and by reason of the length of time they had continued in their wickednesse had so fastly routed and revited them in the bowels of the Common wealth That the endeavouring to pluck them up occasioned the feare of a dreadfull Earth-quake in the Kingdome and therefore that this House might in securitie goe on effectually to discharge their trust and duty to the kingdome they were therefore as to me appeares necessi●ated to new mould the Militia of the Kingdome and to put the strength of the nation into more confiding hands then it was before which desires of theirs they sent up to the Lords for their concurrance who refused to concurre not once nor twice but many times † See 1 part book dec pa. 289 364. 365. 398. 548. 557. and procrastinated time so long by their delay that the Kingdom was therby in danger of ruine which necessitated this house to send up Mr. Hollis a quandum Patron of the peoples liberties to the Lords bar with a message to this effect to demand the names of all those Lords that would not concurre with this House in saving the Kingdome that so they might be the obiect of their iustice and punishment And truly if the Lords had had a rea●● and true right and title to their Negative voice to deny concurring with this House in what they pleased this message was no better then by feare and compulsion to ravish them out of their judgements and consciences and so by force to rob them of their rights And upon this message Mr. Speaker when the House of Lords see this House was in good earnest being prickt up thereunto by divers transcendent high Petitions of the people after they had delayed their concurrance so long as they could or durst the most of them fled and the remnant or lesse part concurred who at the best if they had a right to deny or grant it their wills and pleasures can be stiled no better then a House under force and by the same argument it ●ill follow they have so continued ever since and so all their acts eversince are null and void in law and reason both being the act of force and therefore of necessitie it must either be granted that the Lords pretended right to their law making power is a meere usurpation or else that the House of Commons committed the Apprentices late treason inforcing the Parliament But Mr. Speaker I said and still doe say that the Lords so long standing out and refusing to concurre with this house to settle the Militia of the Kingdome gave the King an oppertunitie to withdraw from the Parliament and to lay his design for a War yea and to gather his forces together whereas if they at the first desire had concurred with this house in setling the Militia the King had never had an oppertunitie to have withdrawn himself from the Parliament or to have gathered 300. men together much lesse an Army and so there could have been no Warre and blood shed in the Kingdome And therefore Mr. Speaker as I old amongst my friends so I doe here again lay the guilt of all the blood that hath been spilt in England in the late warre which I doe beleeve amounts to the number of 100000. men that have lost their lives in it at the House of Lords doore and this House Mr. Speaker in my apprehension can never in justice either before God or man acquit them selves as iust men if at their hands they doe not require and upon their heads requite the guilt in shedding all this innocent blood And as for their right to their pretended Legislative power I told my friends Mr. Speaker I would maintaine it upon my life against all the Proctors the Lords had in England that they had no truer right to their Legislative or Law making power then what they could derive from the sword of that Tyrant Will●am the Conquerer and his successors and therefore it was that in their joynt Declaration with this House published to the view of the Kingdome they doe not stile themselves the chosen Trustees or Representatives of the Kingdome but the Heriditary Councellers of the kingdome † See 1. part book decl pag. 324. 508. and Vox Plebis pag. 43 44 45 86. 92. 93. 94. in which pages the Lords are soundly paid but especially in the last the strength of which is taken out of Will. Prinns part of the soveraign power of Parliaments and kingdomes pag. 42 43. 44. where he hath if my judgement serve me levelled the Lords as sow as ever any of those he calls Levellers in England did and therefore his new book needs no other answer but his own words in his forementioned book so his own hand is against himself that is to say men imposed upon the Kingdom● for their law-makers and Rulers by the ficious omnipotenc● will of the King to be their law makers and governour● Who in his answer to the 19. propositions hath no better plea for the Lords Legistive power but that they ha●● their right thereunto by blood And Mr. Speaker I said unto them and now averre it with confidence unto you tha● for them to take upon them the title of Legislators of England they have no more right so to doe then a Rogue Th●eefe and Robber that robs me upon the high way and by force and violence takes my purse from me had or hath to call my money when he hath so done his own true and proper goods Or Mr. Speaker for them to plead
the proof of it I desire you to read the first part book of Decl. pag. 44 95 150. 201. 202. 207 209. 382. 4●2 5●9 532 533. 548. 557. 637 690. 720. And for the Parliaments lenitie or gentlenesse which you talke of I for my part crave none at their hands but for any thing that any particular man or any faction of men amongst them hath to say to me the same defiance I bid to Levt Gen. Cromwell in the 57 58 pages of my last published book I bid to them And as for their disserting their trust if they doe not punish us I answer the generallity of them hath doth it so often that they have now forgot to be sensible of the dishonour of doing it againe and I doe not think that ever any generation of men breathed in the world that ever disserted their trust more then they have done or else they would never have given so many 10000. l. amongst themselves But in the sam● sixt pag. you goe on and name me to be the chiefe of all those men that have under specious pretences served the Kings ends and designes And in the 7. pag. you carrectarise me to be a man known to the world by those Heaps of Scandalous books and papers that I have either written or owned against the House of Peers and ●uch as have done him greatest courtesies filled with fashood bitternesse and ingratitude whereby he hath distinguished himself say you from a man walking after the rules of sobrietie and the iust department of a Christian and also in the same 7. pag. to make me as odious for an Apostate as your grand master Lievt Gen. Cromwell too justly deserves to be you brand me to be a Cavialeer for you say that some that know me have well observed that I brought not the same affections from Oxford that J was carried thither prisoner withall To the last of which I answer first and challenge thee Frost and all thy associats in England grounddedly perticularly to instance the least particular for this 11. years together when I have in the least apostatised from my declared principles though I have had as many thundring shakings pearceing trials as I do confidently believe would have shaken the very foundation of the tallest stoutest cedars among your grandees I am confident in Oxford I behaved my self with more resolution in my imprisonment there then all the Gentlemen prisoners that there were officers did and run more hazards and underwent more tormenting cruelties then any of them and maintained openly and publickly more discourses with the Kings party to justifie the Parliaments authority and the justice of their proceedings insomuch that it was grown to common saying with the Mashal and his officers when they had got a fat and timerous Prisoner of whom they intended to make a prey of keepe him out of the Castle from Lilburne for if he come to discourse with him he will seduce him from all his allegience from taking the Kings Covenant or forsaking the Parliaments principles and when the King by foure Lords complemented with me and profered me no small things I deliberately and resolvedly bid them ●ell the King from me I scorned his pardon and maintained the Parliaments proceedings with them by dint of argument and reason for above an houre together and told them I would part with my heart blood befo●e I would resede from my present engagement or principals and when I was arraigned for high treason therefore I told the Iudge in the open Guildhall at Oxford when he prest me to save my self that I was seduced by no flesh alive to take up armes against the King and his party to defend my liberties and that ● girded my sword to my thigh in judgement and conscience to fight for my liberties with a resolution to spend the last drop of the blood in my vains therfore and pressed the Iudge to goe o● with his tyall telling him a scorned to beg or crave longer time at his hand protesting unto him ●hat I was as ready and willing that day to loose my life by a halter as ever J was by a sword or a bullet ●elling I feared not death in the least having by the assistance of God for above seaven yeares before always ●arried my life in my hand ready every moment to lay it downe and besides my purse and paines to re●ieve and helpe the poore sick starving prisoners was as free and as ready as any mans in the House and 〈◊〉 doe verily believe in the two last particulars I was as serviceable to the Prisoners as the richest in ●he house and some of them had about 1000. l. land per annum and I had never a farthing per annum nay I defie a or any of the Prisoners that ever were there face to face to lay to my charge the least ●emonstration of fraging or denying my p●inciples from the first day of my going in to the last houre of ●●y staying there And I am sure when I come home I was not a litle praysed and made much of by those that are ●ow my professed adversaries and profered the choise of divers places all of which I absolutly re●ised and expresly told my wife when I was pressed by her to stay at home that J sconrd to be so base ●s to fit down in a whole skin to make my selfe rich while the liberties and freedomes of the Kingdome was in danger by the sword to be destroyed and rather then I would take a place at present of ●00 l. per annum to lay down my sword I would fight for a groat a day and my zeale carried me to Manchester and Cromwell after upon my enlargement I had severall wayes been more really obliged ●y the Earle of Essex then ever I was before or since by all the great men of England put them all in ●ne chusing them meerly for their honesty I then judged then to be in them and there I fought ●nd behaved my self in all my engagements like a man of resolutions till I had spent some hundreds ●f pounds of my owne money and lost all my principles of fighting by reason of Manchesters vis●ble ●alpable treachery which went unpunished after he had apparently bought Sold betrayed us al to the King being impeached as a Traytor therefore by Cromwell himselfe and for prosecuting of him c. ●or his treasons al my present miseries and sufferings are come upon me and your Idol Cromwel who set ●e a worke is now joyned hand in hand with him like a base unworthy fellow to destroy me therefore and because I will not turne a wethercock an Apostate and an enemy to the liberties of England as ●e hath done But it is very strange that you in your book should Carracterise me for a Cavilere when but the other day the Grandees that I beleive now set you at worke at the head quarters indeavoured to destroy me for secretly designing basly and unworthily
it was requisite it should be promoted And also for the healing of the divisions amongst the people and knitting them together in love that so their minds might be diverted from studying the ●uin each of other to studie the destruction of Tyrants that would in time destroy them all whose fundamentall maxime ●t is that they must by policies and tr●cks divide the people amongst themselves or else they can never safely tyrannise over them † And therefore of all dangerous kind of cattell that ever were have a care of the Lawyers whose interest it is to set up and promote tyranny that so thereby divisions and discords enough may be begot without which they cannot live and grow rich and great and therefore take this for an infallible rule that if at any time there be any thing promoting for healing the divisions of the people and securing their liberties and proprieties the mercinary hackney Lawyers are principally the men that bend all their might and strength to oppose it and crush it and therfore I say againe look upon them with an evill eye as the vermine plagues and pests of a Common wealth there being so many of them in England as is able to set a thousand peaceable Kingdomes together by the eares therefore say I to the people never fit still till you have got your Lawes abreviated with all their entryes and proceedings in English that so you may understand them and plead your causes your selves and so let the Lawyers goe shake their cares till which you will never inioy peace and quietnesse And Mr. Speaker there was one in the Company that made a motion to this effect that he did conceiveit was more requisite at present speedily to second the Armies Declaration with a petition to incourage this House vigorously to go on to prosecute their last Gallant Votes for so they were called to which was answered to this effect That in this petition was contained more then was in all them Votes for it struck at the very root of all that tyranny that had enslaved and would inslave us viz. the Negative voice in King and Lords both which the Votes did not in the least And it was impossible that there could be an active member in the House of Commons but knew that this petition was promoting all over the Kingdome which abundantly declares greater incouragement to all those Members of the House that really intended good to the Commonwealth then possible could be in a single complementall Petition signed with 4 or 500. hands such a petition being rather fit to puffe them up and thereby divert them from fully intending the peoples good then upon reall grounde to strengthen and incourage them therein and there was never a member of the House whose design in the largest extent of it was no more then the pulling down of the King that so he might be a King himself but of necessitie he must receive more satisfaction and incouragement from the knowledge of the promoting this gallant unparaleld petition which is a cleare demonstration to the Parliament that those that promote it clearely understand that the King and the Lords tyranny and their liberties are inconsistent then he could doe from a bare complementall petition which would also be dangerous to our selves in quashing the vigorous prosecuting of this that contained the utmost of our desires and the sum of all those things that in this world we desired to make us happie But Mr. Speaker it was againe obiected that seeing the Petition struck so much at the House of Lords as it did who lately it was said had concurred with this House in their Gallant Votes against the King it was dangerous to the Kingdomes safety in this iuncture of time to promote it loast is might occasion a clashing betwixt the two Houses which would now be very dangerous U● to which Mr Speaker my self c. answered to this effect that if the Lords had so concurred in these Votes that they had declared it had been their duty without dispute ●o have concurred to all such Votes as the House of Commons had passes there had been some ground to have pleaded for a respect 〈…〉 from us But seeing they so passed the Votes as in the passing of them they declared it to be their right to give their denyall to any Votes the House of Commons shall hereafter passe that doth not please them We are thereby ingaged the rather to goe on with our Petition to pluck up their destructive interest by the roots that had brought all our miseries and woe● upon us For Mr. Speaker if the Lords be considered in their indicative power we shall find them as guilty of treason in subverting our fundamentall lawes and liberties as ever the Lord of Strafford was for which he lost his head † See his Bill of Attainder by vertue of which he lost his head printed in the 29. pag. of the Peoples prerogative read also the ●6 47. 55. pages thereof read also his charge printed at large in a book called speeches and passages mentioned in the 28 pag. of my book above mentioned who in his impeachment of high treason by this House was accused it tho 4 5 6 7 8 9. articles that he had treache●ously subverted the fundamentall lawes and liberties of England and Ireland and introduced an arbitrary tyrannicall government beyond and above law in that he had upon paper petitions and verball complaints without any due course processe or shadow of Law but meerly by the Law of his own will outed divers of the free men thereof out of their liberties proprieties and freeholds to the ruin and destruction of many of their families And truly Mr. Speaker I must aver it and doe aver it before this House that the present House of Lords are as guiltie of this trayterous subverting of our fundamentall lawes and liberties and introducing and exercising an arbitrary and tyrannicall government above and beyond all law and iustice as he was And by the law of their own wills without any due course or processe of law or the least shaddow of law have outed divers free men of England out of ther liberties properties free holds * See amongst many other of their transcendent acts of iniustice the lamentable case of Iohn Pointz alias Morrice Esquire and Isabel Smith c. which you may read at the last end of this Epistle they themselves being Complainants Prosecuters Parties Witnesses Jury and Iudges have passed most barbarous and tyrannicall censures upon them to the apparent ruine of them and their families yea and upon me have passed so barbarous and transcendent an illegall sentence that I am confident the like of it in all circumstances is not to be paraleld in all the Earle of Straffords tyranny for which he lost his head And Mr. Speaker let me freely tell you that unlesse this House doe execute upon the present tyrannicall House of Lords or the mischievous and law
that because they have exercised this power for some 100. of years together that therefore now without all dispute it is their right and due I told them t was no better an argument then for a Knave to aver such an honest rich woman was his wife and her riches his propriety because by force and violence he had committed a rape upon her verginity and by force and violence had taken possession of her goods and forced and compelled her for feare of having her throat cut to hold her peace Now Mr. Speaker from the act of force and violence committed upon such an honest woman to draw this argument or conclusion that therefore he that did commit it because he used her or lay with her is her lawfull and true husband or that all her goods are his because by force he hath taken them from her and by force keep● them and useth them as his own is no found argument and yet as strong a one as for the ●or as by force of Armes to ioyne with the Kings of England to rob us of our native and undoubted liberties and rights which is to chuse and impower all out law-makers and to be bound by n● law imposed upon us by those that never were chosen be trusted by us to make no lawes and then usurp them to themselves and by force and violence is keep them from us and then to plead because they have possessed them so ●ong that therefore they have a true undoubted and naturall right unto them Besides Mr. Speaker I told my friends that if ever the Lords had any right at all to their pretended Legislative or law making power which● utterly deny that ever they had yet they have since this Parliament with their own pens and tongues given it away And that I did and doe prove thus the Lords themselves never claimed their power by any other right then what they derived from the King by his letters paten●● writ in a piece of Parchment with a seale to i● Now if the King have no Legislative power inherent in himself without all controversie in the world he can give or derive none unto the Lords for it is impossible that that should flow or come from a thing that is not originally inherent i● the thing it self But the King hath no legislative or law making power inherent in himself and therefore can give or derive none unto the Lords And that the King hath no legislative power inherent in himself J prove out of the Lords own words in their ioynt declarations with this house of the ●6 May 1642. and of the 2. Novemb 1642. 1. part book declarat pag. 268 269 270. 7●6 707 708 709 710 711 712 713 714 715 Where they spend many leaves to prove that the King is of duty bound by his Coronation Oath to passe all such Lawes as the FOLK PEOPLE or COMMONS shall chuse and if so then he hath no Negative voice and if no Negative voice then he hath no Legislative power and so cannot possibly give any to them and that he hath no Negative voice or Law-making power their own words and arguments fully prove in the forementioned declarations Nay Mr. Speaker it was further declared to this effect that if this house did instate the people of the Kingdome in all the rest of their liberties and left this pretended Legislative power of the Lords unro●ted up they were but slaves by that one particular alone and that was illustrated in this manner All Legislative power in its own nature is meerly arbitrary and to place an arbitrary power in any ●rt of persons whatsoever for life considering the corruption and deceitfullnesse of mans heart yea ●●e best of men was the greatest of slavery but the claime of the Lords is not only to have an arbi●●ary power inherent in themselves for life but also to have it hereditary to their sonnes and sonnes ●●nnes for ever be they Knaves or Fooles which is the highest vassalage in the World And herefore Mr. Speaker J must freely tell this House that I shall never believe they really and in good earnest ●●tend to make the Kingdome free till I see them pluckt up by the roots this grand tyranny of the ●ords though for my part I am not against their enioyment of their titular dignitys nor the in●eriting of their great estates alwayes provided they be made sublect to the Law as other men in pay●ng their debts c. And if for this rigidnesse against the King and the Lords Negative voice I be called 〈◊〉 State Heritique I answer for my selfe that the Parliaments own Declarations hath made me so ●nd that if I be deluded and deceived they are the men that have done it * The rest of my narrative at the bat about the businesse of apostatised Lievt Gen. Cromwell Com-Gen Jreton I desire the Reader to read my large A●ologie formerly made in this kind which ●e shall find in the 24 25. pages of my ●ook called the Resolved mans resoluti●n in which book the treachery and ●navery of my bloody and tyrannicall ●tar Chamber Iudges old Sir Henry Vain ●s lively carrectarised the second Felton and my Lord Wharton c. up about half an houre contain● so much maner in my own head 4 or 5. sheets of paper which I must scipover and remit to another time but because I iudg my conclusion to be very pertinent to my present businesse and sufferings I shall give it you verbatim as I have many dayes ago writ it which thus followeth And now Mr. Speaker I shall draw towards a conclusion having dealt ingeniously with you and freely of my ●wn accord not with the least relation to this notorious lying illegall Charger or Informer given you a full relation of all the materiall discourses at the Meeting c. so fat as my present memory will enable me this I am sure of Mr. Speaker that I have not timerously or falsly hid any thing from you or in one tittle minsed the busines having rather given you more then lesse humbly submiting my self my present relation and all my actions relating thereunto unto this House to referre me and them if they shall be iudged offensive wholly and solesy to be iustified or condemned at the Common law by a tryall before one ordinary Iudge the true and proper executor of the Law and a Iury of my Equalls according to the known and declared law and iust custome of England which is my Birth right and inheritance which instates me into the capacitie that J am not in my present condition to be tried iudged or condemned by this house or any other power in England but according to the known and declared Lawes of England the Executors of which in the least I ever this House are not † Which is very well and fully proved in the 2 3 4 5. pages of Englands Birth-right and the last sheet of Mr. Iohn Wildmans defence against Mr. Masterson
alive but meerly what the Law of my native Country will allow me and truly Mr. Speaker I have borrowed many scores of pounds to preserve me alive in my necessities and truly Sir I must needs tell this House that in all likelyhood I might have perished in my straits if I had not had a little credit to have borrowed some money to supply my wants but truly sin when money is borrowed it must be paid againe and if I breake my word I loose my credit and when that is lost J must of necessity per●sh and therefore Mr. Speaker I beseech this honourable House that they would no more subiect me to the Lords lawlesse murthering wills by sending me againe to prison there to starve for while I am at liberty J can a little help my self amongst my friends and acquaintance wherefore J humbly beseech this honourable house to judge my cause and grant me my absolute liberty which is my due and right by law or at least at present continue your former Order that I may day by day goe abroad to follow my businesse tell this House have finished and fully determined it protesting Mr. Speaker unto this honounourable house that I had rather this house would order their guard of Halbeteers at the doore to knock my brains out or with their Swords to run me through then send me againe to prison there to remaine during the Lords unconscionable wills and pleasure there to be murthered and starved But Mr. Speaker if my iust lamentable and pitrifull complaint cannot enter the eares nor pier●● the hearts of the Members of this house but that of necessity I must be compeld to goe to prison againe then I humbly intreat this honourable house speedily to assigne and give me my own which Mr. Speaker is almost three thousand pounds that I iustly expect from and by the meanes of this House to live upon that so in my captivitie J may live in some contented silence and patience and not fill your eares with any more necessitated clamours and iust outcryes which J must of necessitie doe unlesse you either give me my own money to live upon or a reasonable proportion of yours but if at present I cannot inioy neither of these then in the third place J crave and challenge from the bands of this House the benefit of the law of England and the custome of the Tower where I am to goe And first by the declared law of the Kingdome I am svre all prisoners whatsoever that have not of their own whereof to live ought to be maintained in their imprisonment out of the publique treasure in what prison soever they be in † See my Epistle to Col. West late Liev. of the Tower called the Oppressed mans oppressions declared pag. 2 3. 4. and Vox Pleb●s pag 43 44 45. and the late complaint or true relation of the cruell sufferings of the Knights and Gentlemen prisoners in the tower of London pa. 3 4 5 7 10. And I am sure by the custome of th● Tower J ought to be maintained out of the publique treasure and to be allowed such an allowance as is sutable to my qualitie And sure J am Mr. Speaker I have there seen copies of divers Records of some hundreds years of age to iustifie this and this J am sure of that when Mr Hollis Mr. Long and other Members of this House were prisoners there in the third of the King the King allowed them maintenance out of the Exchequer according to their qualities when they inioyed the ini●re profits of their own great estates And Mr. Long lately in the Tower confest he sp●nt the King 1500. l. And truly Mr Speaker I hope you will not be more uniust to me in allowing me maintenance according to my qualitie now I demand it as my right then the King was to your rich Members against whom you have proclaimed so many out cryes of oppression and iniustice * See their last Declaration ●gainst the King of the 11. ●f February 1647. and so with a Congee two or three I took my leave of the House and withdrew And being withdrawn the House fell into a hot debate for some houres together about the businesse and my greatest and fearcest enemie that I could heare of at the debate was Mr. William Peerpoint the Earle of Kingstones brother 〈◊〉 man of a vast estate and so full of zeale and mettell to the Parliaments cause that at the begininning of these troubles he would fame as I am from very good hands informed have run away and did aske leave to goe over into France but it would not be granted to him and yet he hath attained so much Maiestie as to be one of the superlative forme of Grandees and although he never ventured his life for the Parliament that J could heate of yet they have largely requited him for sitting still and given him seaven thousand 500. l. for his pretended losses out of his brothers Composition and it is strongly reported besides that he saved his brother a great deale above as much more in his Composition and therefore no wonder Mr. William Peerpoint was such a grand enemie to me and Mr. John Wildman for promoting such a Petition as desired to know what was become of all the publique treasure of the kingdome which the Parliament men hath in a manner solely monopolized unto their own use to buy Bishops lands of themselves c. with as well as all the great and rich places of the Kingdome and truly I am very much afraid that if the people doe not the speedier looke into all their cheets if not robberies for no better doe I account all the many hundred thousand pounds of the ●eoples money that they have given each to other it being possitively and absolutely against the law of this ●and for Feffes in trust and they are no more at most to give a penny amongst themselves they will shortly goe make an Ordinance to set up the Great Turkes law viz. that the Parliament men shall be Heires and Executers of all the rich men in England and therefore if ever the people thinke to get any good from this present Parliament who doe nothing in a manner but buy and sell each others Votes to serve the faction and coviteousnesse each of other then let them first resolve without any denyall to effect these two just things First That all Parliament men whatsoever while they fit in Parliament and continue Members thereof he uncapable to possesse or execute any place whatsoever either in Military or Civell affaires Secondly That the people be put into aiust and rationall capacitie to inquire into those many millions of money that have been raised upon them c which I am confident since the wars begun is above twelve pence for every penny that hath iustly been spent that can be iustly accounted for and then have at you and your letter Monopoly c. Mr. Pridiox and you and your Horse