Tracts on Liberty by the Levellers and their Critics Vol. 10 Addendum of Works by Lilburne and Overton

1st Edition, uncorrected (in production)

This volume is part of a set of 7 volumes of Leveller Tracts: Tracts on Liberty by the Levellers and their Critics (1638-1659), 7 vols. Edited by David M. Hart and Ross Kenyon (Indianapolis: Liberty Fund, 2014). </titles/2595>.

The collection will contain over 250 pamphlets.

To date, the following volumes have been corrected:

Further information about the collection can be found here:

2nd Revised Edition

A second revised edition of the collection is planned after the conversion of the texts has been completed. It will include an image of the title page of the original pamphlet, its location, date, and id number in the Thomason Collection catalog, a brief bio of the author, and a brief description of the contents of the pamphlet. Also, the titles from the addendum volumes will be merged into their relevant volumes by date of publication.

Tracts on Liberty by the Levellers and their Critics, Volume 10: Addendum of Works by Lilburne and Overton

The Liberty of the Freeborne Englishman (John Lilburne in Gaol)

The Liberty of the Freeborne English-Man, Conferred on him by the house of lords. June 1646. John Lilburne. His age 23. Year 1641. Made by G. Glo.

“Gaze not upon this shaddow that is vaine,
Bur rather raise thy thoughts a higher straine,
To GOD (I meane) who set this young-man free,
And in like straits can eke thee.
Yea though the lords have him in bonds againe
LORD of lords will his just cause maintaine.”

Editor’s Introduction

This collection of pamphlets and tracts is a supplement to earlier volumes in this series which were discovered during the course of their preparation. Publishing information about each title can be found in the catalog of the George Thomason collection (henceforth “TT” for Thomason Tracts):

Catalogue of the Pamphlets, Books, Newspapers, and Manuscripts relating to the Civil War, the Commonwealth, and Restoration, collected by George Thomason, 1640–1661. 2 vols. (London: William Cowper and Sons, 1908).

  • Vol. 1. Catalogue of the Collection, 1640–1652
  • Vol. 2. Catalogue of the Collection, 1653–1661. Newspapers. Index.

Biographical information about the authors can be found in the Biographical Dictionary of British Radicals in the Seventeenth Century, ed. Richard L. Greaves and Robert Zeller (Brighton, Sussex: The Harvester Press, 1982–84), 3 vols.

  • Volume I: A-F
  • Volume II: G-O
  • Volume III: P-Z

The identification of Overton as the author of some of the anonymous pamphlets comes from Marie Gimelfarb-Brack, Liberté, Égalité, Franternité, Justice! La vie et l’oeuvre de Richard Overton, Niveleur (Berne: Peter Lang, 1979).


Additional Tracts by Lilburne and Overton (Volume 10)

Table of Contents

  1. [Richard Overton], A Dreame, or Newes from Hell (1641) - 5 illegibles
  2. [Richard Overton or John Taylor], Old Newes newly Revived (June 1641) - 2 illegibles
  3. [Richard Overton], The Frogges of Egypt, or the Caterpillers of the Commonwealth (October, 1641) - 2 illegibles
  4. Richard Overton, Sacred Decretal, or Hue and Cry (31 May, 1645) - 217 illegibles
  5. John Lilburne, Innocency and Truth justified (6 January, 1646) - 1629 illegibles
  6. John Lilburne, The Just mans justification (6 June, 1646) - 172 illegibles
  7. John Lilburne, An Anatomy of the Lords Tyranny (6 November, 1646) - 27 illegibles
  8. John Lilburne [with Overton], An Unhappy Game at Scotch and English (30 November, 1646) - 22 illegibles
  9. [Overton or Lilburne], A Reall Persecution or, The Foundation of a general Toleration (13 February, 1647) - 0 illegibles
  10. [Richard Overton], A new found Stratagem framed in the old Forge of Machivilisme (4 April, 1647) - 63 illegibles
  11. John Lilburne, The Juglers discovered (28 September, 1647) - 132 illegibles
  12. John Lilburne, The Oppressed Mans importunate and mournfull Cryes to be brought to the Barre of Justice (1648) - 20 illegibles
  13. John Lilburne, The Prisoners mournfull Cry, against the Judges of the Kings Bench (9 May, 1648) - 103 illegibles
  14. John Lilburne, The Laws Funerall (15 May, 1648) - 149 illegibles
  15. [Richard Overton], The Moderate (December 1648 - January 1649) - 1627 illegibles
  16. John Lilburne, A Preparative to an Hue and Cry (18 August, 1649) - 880 illegibles
  17. John Lilburne, Strength Out of Weaknesse (19 October, 1649) - 388 illegibles
  18. John Lilburne, A Letter written to Mr. John Price (31 March, 1651) - 7 illegibles
  19. John Lilburne, His Apologeticall Narration (April, 1652) - 115 illegibles

 


 

10.1. [Richard Overton], A Dreame, or Newes from Hell (1641)

Bibliographical Information

Full title

[Richard Overton], A Dreame: or Newes from Hell. With a Relation of the great God Pluto suddenly falling sicke by reason of this present Parliament.

Printed in Sicilia on the back-side of the Cyclopean Mountaines. 1641

Estimated date of publication

1641, no month given.

Thomason Tracts Catalog information

Not listed in TT.

LWV

T.5 [1641.??] (10.1) [Richard Overton], A Dreame, or Newes from Hell (1641).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

A DREAME Or Nevves FROM HELL.

NOT long since an honest Yeoman comming up to London, to petition to the most honourable High Court of Parliament in his own behalfe, for an especiall wrong he had received from certaine Projectors, who had encroached upon a parcell of his Free-hold, neere to the Common where he dwelt, by direction of some well-minded people, came into Westminster Hall, where having walked a long time up and down, & not knowing unto whom to deliver his petition, among so many hundreds that he met withall, at last being desirous to take some repast, wherewith he might revive & comfort himselfe, he came to a place neere adjoyning, which was tearmed by the name of Hell, and having well satisfied himselfe with such a portion of meat & drunke as he thought might content his appetite, he demanded what might be to pay, and finding the reckoning to be beyond his expectation, he grew very much discontented at the payment thereof, and repairing presently to his Lodging, being not farre off, and being very much perplexed at his former Reckoning, he resolved at the last to betake himselfe to his Bed, and not long after falling into a slumbring sleepe (divers Whimzies and diversities of Motions, swimming in his braine of the supposed Hell where he had formerly beene) he dream’d he was in the true and locall Hell indeed:

Where being affrighted with the apparitions of divers hideous and ugly deformed diabolicall Fiends, who were by his cogitation numberlesse, he was transported by his fancie to the great Court of Grand Pluto, who being attended with a multitude of his blacke Guard, and other his stigmaticall Officers, there was an instant hurly-burly and combustion in the Court, about the suddennesse of Grand-Pluto falling into a greevous sicknesse; wherefore all the Court Doctors of Hell being summoned to appeare (with an infinit company of Witches, Conjurers, & Sorcerers, fetcht from all other places, to give their best advice therein, were admitted into his princely Chamber, and having cast his water, and debated the matter a long time about the difficulty of his Disease, at length they all agreed, that he fell sick of a Parliament.

Whereupon Proclamation being made in Pluto’s name throughout all his Hellish Dominions, to any whatsoever to repaire unto his Court, with promises of great reward and favour from him, that could by any wayes comfort him in this behalfe. Upon a sudden there appeared a multitude in long button’d cassacks, high collars, and square C-ps, with small falling bands about their Necks, who seemed to strive, against all others, to be the first that might be admitted into his presence; i and these were reported to be a company of Iesuites, who were the deere children of Pluto, who hearing that their Father was sicke, came in all submissive manner to visit him, and to offer their service unto him, and withall informed him, that if there were any Designe, Practice, Plot, Device, Study, or other stratagem whatsoever, that could administer him any comfort, or wherein they might any wayes expresse their duty unto him, or further enlarge his Kingdome, they would ride, runne, goe, trot, or what not to performe his pleasure therein, and withall, desired him to be of good cheere, and to be comforted in his Children, who were ready at all times to waite his will and pleasure, and to execute whatsoever he should command.

Hereupon they desired their Father Pluto to take notice of the former care they had to enlarge his Kingdome, by animating the great Metropolitan to be a meanes to bring in Popery, and to doe the best service he could therein.

And withall shewing how they had sowed sedition and discord amongst the English Hereticks, and provoked the Scottish Hereticks to rebell against their lawfull King, and to intrude into the Territories of this Land; and also had animated their beloved Brother Cardinall de Richliea to raise a puissant Army for the invasion of this Land in two severall places, (viz.) at Dover and Portsmouth, at such times as the King was supposed to be most deeply employed in his Warre against the Scots; and likewise have wee not procured your great Secretary of State, Don Antonio Demonibus to make an especiall inrolement of all their names in your Kalendar, amongst those your deare Servants, the Plotters of the Gun-powder Treason, and those renowned Complotters of the former invasion into this Land in 88. &illegible; have not onely animated many noble personages, and others, to asist vs in our great Designe of bringing in of Popery into this Land, but have also procured divers Popish Books to be printed openly, thereby the better to encourage your Highnesse, deere Father, and the more to enlarge your Kingdome.

And for Courts of Justice, have we nor also by our power and authority joyned with our dreadfull and High Commission, brought to passe, that if any Heretike, under the degree of a Lord, should but put on his Hat in the time of Divine Service, we kept him in our Ecclesiasticall clutches fiue or sixe yeares together. And have we not likewise in the Courts of Chancery, Kings-Beach, or common Pleas, procured diuers wayes and meanes wherby many men (though their cause were never so just) have beene either by continuall delayes wearied in their Suites, or by extorted Fees, &illegible; or other Devices, driven to sell and morgage their &illegible; good, and whatsoever they have bin possessed off, that a man might have worne out. &illegible; in that space, & yet they seldom or never had an end of their suites, but have bin fleeced and jeered out of their demeanes, so long as they could procure either mony or friends, and yet it hath bin carryed so neatly and cunningly, as if the course of Iustice had bin exactly performed.

And for the Court of Exchequer, we are able further to testise unto you (deare Father) out of our owne knowledge, that it is one of the best Courts belonging to your infernall Kingdome, for if a suite be once commenced there, they have so many delayes by putting in of Pleas, making of Mtions, putting off a suite from Terme to Terme, after a verdict given, or framing some excuses to arise from the Bench, when a Cause appointed for the day should be heard, or to cause Motion vpon Motion to be made, whereby so many Orders of the Court must be drawne vp, or pretending the Court not to be full, with other sinister devices and sleights there vsed; that wee have knowne some men to have served an Apprenticeship, and bin made Free-men, and also to have married Wives, and had children, and yet the suit formerly commenced not ended. Therefore, deare Father Pluto, be of good comfort, and take it not so much to heart, so long as you have such dutifull children, and loving subjects; assuring your selfe, that we will doe our best endeavours to recover you of this Disease.

Presently after this, there came a company of fellowes with broad Seales about their necks, who were nominated to be Pluto’s Iourney-men, and had the title of Pateatees, who also hearing that their Grand-Master was suddenly falne sick, presented themselves in all humble manner, the further to expresse their duty and obedience vnto him; Relating unto their hellish Master, that according to their power and his appointment, they had ever bin obedient and faithfull servants unto him, in oppressing and squeezing the Common-wealth, and that they intended to continue therein, to the end of their dayes, and by what meanes they could possibly invent or devise, they would shew themselves to be dutifull servants unto him, in racking, poling, and pinching the poore both in city and country, vnder pretence of doing good in generall to the whole Common-wealth; and further declared vnto their Grand-Master, that in all their projects whatsoever, they had sheltred themselves vnder some great Patron, the better to colour their fraud and deceit: and likewise, that in case they had any colour of setting the poore on worke, for a generall good, they might with authority and strictnesse the more covertly hide their cunning and knavery, and withall assured their great Master, that they would sit up late, rise early, and spare no paines to encrease his Kingdome, and humbly craved his approbation, that they might bee further imployed either herein, or in what other businesse, in that nature it pleased him to command.

Whereunto Pluto replyed, that they had all done well, and left them at their owne disposing to doe what they found to be convenient, and so they were dispatched for the present.

Not long after, Cerberus the Porter of Hell, brought tydings vnto the palace of Pluto, that there was a post arrived with a packet of Letters from little Will; whereupon Don Antonio Demonibus, his chiefe Secretarie of State, was presently sent for to read them vnto Pluto, the contents whereof, as farre as could be gathered by those that were neere about him, was to this effect, That the said little Will, with divers other great personages of the State, would with all convenient speed that might bee, come in person to visit his greatnesse, and there to remaine with him in his Court. Whereat Pluto being very glad, began to be somewhat chearefull at the hearing of this newes, calling him by name the Sonne of his love, and further said, he had not thought to have seene him so soone, as now by his letters directed vnto him he did expect: and thereupon Pluto’s chiefe Secretarie of state was commanded to send an answer of the said packet of Letters by the same post to little Will, and the other great personages of State aforesaid, how glad he would be of their appearance in his Court, and what courteous entertainment they should have when they came there. Then Pluto gave command, that the post should be Royally rewarded for his paines, and called the post to him, & asked him what diet little Will did delight in, because the place where I keepe Court, is of a hotter Climate then he hath beene in heretofore, the post made answer that little Will formerly, did desire tips of eares, but the Cooke dressed them with the blood in them, and so he tooke a surfet; and ever since lived at a sparing diet. And further told his Highnesse that he need not be at too much charge for little Wills dyet, he tooke delight but in two dishes especially, and they were Lamb and Duck, and those he meant to bring with him. And suddainly vpon the departure of the post with this answer, Pluto gave strict charge and command vnto his infernall attendants, that divers faire Roomes should be presently trimmed vp, and hanged round about with Tapistry and Cloth of Arras, for the better entertainment of little Will and his fellowes, or any that came along with him. Then I was very desirous to know what this little Will was, at the first I could by no meanes learne, but at last I asked one that I supposed to be of Pluto’s neere attendants, if he knew him or no, he informed me, that he did not know him, but surely it was one that as yet had never been in Pluto’s Court before, and verily beleeved that he had performed some extraordinary businesse in Pluto’s behalfe, and deserved to be highly advanced in his infernall Court, and also supposed him to be some great personage, otherwise he would never have received the Packet of Letters which he sent him, with such cheerefulnesse, nor have given such a strict command to his chiefe Secretary, and others his infernall servants, for his speedy and present entertainment to his Court.

And notwithstanding the suddain expectation of little Wills comming into Pluto’s Court and the rest of his fellowes, which did not a little comfort and revive him in this his lingring sicknesse, yet Pluto found not all to be well in himselfe, but grew more and more to be perplexed and so wonderfully out of patience, that his ordinary attendants could hardly keepe him in his Bed, insomuch, that all his Hellish Doctors were once againe sent for to come with all speed vnto him, who being come there, they found that he was very dangerously sick indeed, and that he was fallen into a grievous relapse, and that there was no meanes left to recover Pluto’s health, and to restore him to his former strength againe, or to enlarge his infernall Kingdome, but that by some device or other this present Parliament might be dissolved and broken vp, which being fully agreed vpon by all his Doctors they informed his Highnesse. That if ever he expected to regaine his former estate, or to get any footing in England, he must with all speed call a generall Councill of all his infernall and wel-beloved Subjects, that they might advise and consult what way were best that this present Parliament might be dissolved as aforesaid.

Whereupon Cerberus by speciall command and appointment of Grand Pluto, had authority to set the gates of Hell wide open, and that all passengers whatsoever, (none to be denyed) might freely have accesse to come and heare the will and pleasure of Pluto, and also Charon was commanded with all possible speed to provide himselfe of as many Boats as he could to ferry them from all parts and places to this purpose, and when there was a huge multitude of all sorts gathered together in a large and spacious place, one of the chiefe Heraulds belonging to the internall court cryed out vnto the assembly with a loud voice, to crave a generall silence, after which, Pluto thus began:

My deare children, Servants, Iourneymen, and well approved Subjects, you see into what a low and weake estate I am brought, and as you have beene dutifull and obedient with all diligence hitherto to execute my commands, so my desire is, that you would alwaies continue vnto the end, I cannot forget your care, true love, industry, and paines you have taken in generall, for the enlargement of my Kingdome, and you my beloved Doctors, in endeavouring to performe your best skill, to recover my former health, as also you my dearest children whose Sanctity, we reverence, whose persons we adore, whose policies we wonder at, whose power we muse at, whose invincible Stratagems we stand amazed at, and whose Wisdomes we admire, neither can we but in the first place extoll, applaud, and highly commend you, for your extraordinary care in advancing our infernall Dominions.

And we are also pleased of our infernall grace and favour, to take notice of your great service done, in working the dissolution of the last Parliament, by which meanes nothing was effected for the good of the Hereticks, either concerning the church or common wealth, but thereby the Nobles of England were male-content, the Gentry discouraged, the Commons divided, the number of our servants, the Roman Catholikes infinitly encreased, and the whole Realme of England mightily oppressed; so as the successe of our designe was thereby no waies hindered.

Now my wel-beloved children, servants, Iourneymen, subjects, Allies, & all my well-willers whomsoever, if you could by any Device, Stratagem, Policy, Money, Friendship, or any other delusive or sinister means, study to dissolve or break up this present Parljament, wth would be the onely way, as we conceive in our Diabolicall Princely Wisdome, to breake the bond of peace & vnity amongst them, and thereby to move God to leave them to themselves, you should not onely be enrolled in our everlasting Kalendar for our dearest children and Subjects, but also be placed neere us in our favour for ever; and then also, to our great comfort, our infernall Stratagem might speedily be executed vpon them, & our Kingdome mightily encreased and enlarged.

Therefore all you my deare children, subjects, attendants, and Allyes, who are willing to doe your best endeavours for the performing of this Enterprize; we require you to be ready to take the Oath ex officio, & to lay your hands vpon the Book. Whereupon with a generall acclumation & consent, they all promised to doe what possible in them lay to performe his request, and affirmed, that they all were willing to conset to his demand, & therepon they layd their hands vpon the Booke. Then Pluto causing his principall attendants to raise him a little higher on his Pillow, proceeded on this manner: You my loving Subjects who have stept aside, and made your &illegible; your best protection, you also that are vnder the command of the Black Rod, and you that much feare you shall be questioned this present Parliament, and you my Iourneymen Patentees, and the rest of my loving Subjects here present, are you all willing to take the oath aforesaid for the breaking vp of this Parliament, then they all cryed with one voice; Willing, most willing, long live your Hellish Majestie, I beleeve you (said Pluto) take your hands from the Booke, I dare take your bare words. Whereupon Pluto’s great Counsell was called before his infernall Highnesse, and being assembled together, they all cõcluded, that forthwith a Proclamation should be sent abroad into all places in great Pluto’s name, the tenour whereof followeth.

TO the Pope, our right Trusty and wel-beloved Sonne, and all the Iesuiticall Rabble, our adopted Children, to the Spantard, Italian, French, Dutch, or what Nation people, or in what parts soever this shall come, these are to give notice, that whosoever can by any fraud, friendship, money, or any other means whatsoever, dissolve & breake vp this present Parliament, That thereby great Pluto may recover not onely his former health, but that his Kingdomes and Dominions may also be enlarged, he shall for so memorable an Act, be seated inplace of Iudicature with his chiefe Iustice Rhadamantus; or next to Pluto himselfe, and forth with be made Vice-Roy of Hell, prince of this world, Arch-Duke of Styx, Acheron; & Phlegeton; Marquesse of Cooytus and Lethe; and sole Commander (vnder him) of all Infernall Spirits and Furies.

And herevnto, we, the sayd Grand Pluto have set our Hand and Seale Royall, in the presence of all our Children, Friends and servants aforenamed.

This being proclaimed with thundring Drums, and sound of Trumpets, awaked the honest Country-man, who having seen and observed in his Dreame, all these passages and occurrents, lay for a while as it were in a trance, trembling and in a great extasie, at last recollecting his senses, he arose, and going from his chamber to goe about his businesse, he met by chance with two of his owne Countrey-men, who had beene a long time encombred with Law-suites, vnto whom he related this his Dreame, with all the passages aforesaid, whereat they wondering, and much astonished, desired him to deliver vnto them a Copie thereof in writing, which he promised, and performed the next day following.

FINIS.

 

 


10.2. [Richard Overton or John Taylor], Old Newes newly Revived (June 1641)

Bibliographical Information

Full title

[Richard Overton or John Taylor], Old Newes newly Revived: or, The discovery of all occurences happened since the beginning of the Parliament : As the confusion of Patents, the Deputies death, Canterburies imprisonment, secretary Windebank, L. Finch, doctor Roane, Sir Iohn Sucklin and his associates flight, the fall of Wines, the desolation of Doctors Commons, the misery of the Papists, Judge Barckleyes imprisonment, and the ruine of Alderman Abels Monopoly. Most exactly compiled in a short discourse between Mr. Inquisitive, a countrey gentleman, and Master Intelligence,r a Newes monger.

Pringed in the yeare 1641.

Estimated date of publication

June 1641.

Thomason Tracts Catalog information

TT1, p. 18; E. 160. (22.)

LWV

T.8 [1641.06] (10.2) [Richard Overton or John Taylor], Old Newes newly Revived (June 1641).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

OLD NEVVES Newly Revived.

Juquisitive

HOnest Jack Intelligencer, th’art welcom home, J woonot lose so much time to aske thee how thou do’st, because thy face has already told me thou wantst money: so do J, tis a generall want, and be fitting a Gentleman; but let that passe, tell me what newes is stirring in or neere London, newes is all that J seeke: you know my humour I hope.

Intelligencer.

J doe Sir, and finde it most correspondent to your name; and because I am desirous to satisfie your humour, I leave off and abandon all superfluous salutations, and fall roundly to the matter. The first enormity the Parliament tooke into its hands, was Patents in generall.

Inquis.

It was very likely that it would fall to particulars in time: but what befell those Patents?

Intell.

Faith though it was in the Winter, yet the owners of them were forced to leave them off, though they hazarded going over shooes, in griefe whereof they were all utterly confounded.

Jnquis.

What? all Patents, of what nature soever?

Intel.

Yes, that were pretended for the common good, but aimed at particular mens profits, as the Patents for Cards, Dice, Pins, Soap, Leather, and such like were utterly damned?

Jnquis.

I marry Sir, the Parliament began well, heaven blesse their proceedings: how went they forward?

Jntel.

Then to particular persons. The next that was found a delinquent, was no lesse a man then the Earle of Strafford, he that set three Kingdomes at variance.

Jnquis.

What, he that as he went through our Towne into Ireland, had the streets swept, and made neat for his comming, hee that paid all the Officers so bountifully? By this hand he was a most liberal man, and many say understanding.

Intel.

That’s certaine; yet for all his wit he could not easily understand his owne head. Alas! he was intrapt in his policie, and constrained to lay his ambitious necke on the Traytors blocke. On my conscience young Gregory is the most famous man in all England.

Inquis.

What, he that had the reversion of his fathers place, the young Soule-sender, hee that fild the Dungmans Cart with Dogges which he had headed, the better to enable him to effect the reall matter; why is he so famous?

Jntell.

Ile tell you Sir, if the glorious acts that Hector did, made his conquest the more honourable, and Achilles by slaying him ingrost all his heroicke deeds, why should not yong Brandon be as famou, for the death of him that shak’t three Kingdomes?

Inquis.

Come, thou art merry: but how scap’t his Compeere the Archbishop of Canterbury? it was thought that he was as deep as the other, it would bee a wonder if hee should come off with as you were, as they doe in the Artillery Garden.

Intell.

Truly Sir, J am of your opinion, take my word if ever bee come into his Metropolitan house againe, and sit there his Majesties high Commissioner, discharging the new Canons, he will goe neere to blow up the little Levite that writ Lambeth Faire. But he, good man, being his life was so irregular before has now betaken himselfe to a private lodging, and in a stronger house then that o’re the water; hee is not now much troubled with signing paper Petitions, and referring them to Sir John Lamb, although he keep house continually, and never &illegible; abroad, not to farre as into Saint Georges fields to take the aire.

Inquis.

J heard say, he never durst come into those fields since the up-roare at the dissolution of the last Parliament, he was afraid of the Ghost of him hee set upon the Citie gates to keep watch.

Jntell.

I cannot tell whether that be the reason or no, but on my conscience I thinke that honourable young Brandon will have the honour to ship his soule into Charons &illegible; for all his father was a Clothier of Reading. As soone as ever this man of Grace was laid in Limbe Patrum, his most deare friend, and the Papists most favourable compounder, and his Majesties Secretary Sir Francis Windebank, with much pruvidence tooke a voyage into France.

Inquis.

Then J hope wee shall pay no more Ship-money: that same Sir Francis has been prayd for the wrong way most heartily; the Ship-money was never mentioned, but a devout imprecation was offered up for him, much good doe him with it.

Intell.

Alas! he never had hand in it, it was my Lord Finch, the Lord Keeper of England, that dealt with Ship-money, and ’twas done with a most provident eye: for hee knew he should have occasion to use ships before bee died, and so he had: for he went after Mr. Secretary. Ile tell you Sir, hee was so woary with determining controversies upon the Bench, that he resolv’d hereafter to end them with the sword: he became a brother of the blade, and with a tilting feather, a flaunting periwig, Buffe doubler, scarlet hose, and sword as broad as a lath, hee looked as like a Dammee newly come out of the North, as could be imagined; and under that disguise fled most swiftly into France.

Inquis.

But under your favour, hee was but a Coward to flye as soone as ever he was accouterd in his marshall habiliments.

Intell.

But J think him most valiant: for wisedome was ever held the better part of valour; and none but desperate sooles will run themselves upon certaine, death: and though some such there are, yet he is none of those. J am sure, that valiant men and brave Commanders followed his example, and no worse men then Sir John Sucklin, the discontented Colonell, and his associates.

Inquis.

Sir John Sucklin, what hee that writ admired Aglaura? the Blacke Friers Actors have a foule losle of him,

And lest the Players should grow poore,

Send them Aglauros more and more.

What he that gave the King a hundred horse against the Scotch Pedlers? is he fled for Religion too?

Intell.

As sure as he fled from the Pedlers, his coat of Male would not keepe out their Bullets, though it would Sir John Digbies Rapier in the Playhouse,

Inquis.

I heard that he was for Portugall, and to that purpose had two or three hundred Cap and Feather men in pay, did he mistake France for Portugall?

Intell.

You may see the fortune of the dice, they run what chance they please, Sir John knowes it, but theres a greater man then he gone by faire.

Inquis.

None of the other Iudges? Iudge Barkley is not gone, is he?

Intell.

No faith, hee’s safe enough, hee’s a most fast and substantiall friend, he and Davenant the Queenes Poet doe keepe their chambers, as if they mourned for the iniquity of the times, but he that I meane is greater then any of these in bulke, tis Doctor Roane.

Inquis.

Why if he be gone, how fares the Civill Law, for he was the body of it.

Intell.

In good faith Master Inquisitive they droope extreamely, you may walke in the Commons and be offended with no confused noise of the Proctors that prated onely for the tother see, they will now without grudging take a ten groats see and thanke you; theyl onely sigh out, O quantum mutatus ab illo — Termino, &c. Their Clarkes, although they are not troubled with much imployment, cannot be at leisure to redeem the gownes which they pawned in Lent Vacation: and Doctors Commons himselfe for feare lest hee should dye intestate, has made his will, and bequeath’d all his goods most equally.

Inquis.

Then I may presume that the High Commission is downe; the Papists I know rejoyce at it, they have paid many a fat fine, have they not?

Intell.

Faith I thinke that they have rather cause to grieve, for their fines were very easie compositions, but now the Parliament has taken them in hand, and useth them far more ruggedly then the chiefe Commissioner would.

Inquis.

If the Parliament has taken them in hand, I prognosticate that they weare Lent in their cheekes, their Ave Maries, Creeds, Paternosters, the dropping of their Beads, their sprinkling themselves with Holy water, will scarce bee of force to entreat the Virgin Mary to command her Son to pitty them they must visit Rome, must they not?

Intell.

Or Tyburne, choose them whether, as the ballad saies, they have a very bad time of it now I can assure you.

Inquis.

Well, let them be hang’d and they will, thou and I will goe drinke a pint of Canary.

Intell.

As I live, I had almost forgot, Ganary is now at sixe pence a pint in London.

Inquis.

At sixe pence a pint, how comes that to passe?

Intell.

This blessed Parliament has pryed into Alderman Abels knavery, and has found his politicke projects our, has made a confusion of his ticket office, and laid him and his brother Kilvert in a house of stone, who shall be made exemplary.

Inquis.

Why then honest Jacke Intelligencer I pronounce thee welcome home, weele to the Tayerne and drink pottles in healths to this most happy Parliament.

The Deputy is dead, the Archbishop sure,

(I doe not say to dye) Judge Barkleyes cure,

If any be is casting of his coyne,

Abell and Kilvert too, that did purloine

A penny to ’em from each pins of Sacke,

If money helpe them not, their neckes must cracke;

And witty Davenant, their miseries

To terminate will write their Elegies,

And so he will his owne; they that sled

Int’ other Countries, and so sav’d their heads,

From asore aching cannot merry be,

Whilst thou and I laugh at their misery:

We can be jocound and thinke no man harme,

With joviall Sacke our duller spirits warme.

Away with sorrow, welcome sweet content,

This health Ile drink to’th blessed Parliament.

FINIS.

 

 


 

10.3. [Richard Overton], The Frogges of Egypt, or the Caterpillers of the Commonwealth (August, 1641)

Bibliographical Information

Full title

[Richard Overton], The Frogges of Egypt, or the Caterpillers of the Commonwealth. truely dissected and laid open; With the Subjects Thanfulnesse unto God for thier deliverance from that Nest of Vermine

Printed in the yeare 1641.

Estimated date of publication

October, 1641.

Thomason Tracts Catalog information

TT1, p. 26; E. 166. (2.)

LWV

T.9 [1641.08] (10.3) [Richard Overton], The Frogges of Egypt, or the Caterpillers of the Commonwealth (August, 1641).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

THE FROGS OF EGYPT OR THE CATTERPILLERS OF THE Common-wealth.

MOnopolers by their nefarious Projects, and impious exactions, have contaminated the Land with such a contagious exulceration of wicked impositions, that I may with a coequall sympathie, assimulate them to the Frogs of Ægypt. First, In regard that those Frogs were the second Plague that was brought upon the Ægyptians: So these Monopolers (in respect that Bishops had the priority) were the second Plague, which with disastrous aspersions, did infect our Nation. Secondly, As those Frogs came unto Pharaoes Bed-chamber, and upon his Bed: So these Diabolicall Parasites, did creeep into our Kings bosome, with their Phariticall Calumny. Thirdly, Those Frogs did come upon all the people in Ægypt, throughout their Territories: And who is there in all our Kingdom, that have not beene infected by the contagion of their venenosive aspersions: they were a Nest of Wasps, which did Tyrannically sting the Kings loyal Subjects with their exacting impositions: They were a swarme of Vermine, which did pollute sincere purity, and like the Frogs of Ægypt, did over-creep the Land. They warmed themselves at other mens fires, and though the peoples fingers ends were a cold, by regard of their impious Project, yet they would alwayes remember to say with Mantuan Optimum est alienafrui pecunia. They sip’t of honest mens cups, and did distend their purses in their Bacchanalian ryot, for they drowned themselves in Bacchus Fountaine, while other men payd the reckoning. They did alwaies share with the Butler in his Box, yea they grew so fat and plump with damned Projects, that it was easier for Hercules to beate the Triple-headed Cerberous out of Hells Seygian Portali, then for us of late, to speake against these cursed Projectors, who abused the Triple Crowne. But (we thank the all-directing providence of the mighty and Almighty God) we have found the like successe with Hercules, and by the inflexible Justice of the Parliament, we shall with him, drag these Hell-bounds upon the earth, who did eradicate the well planted branch of Plenty. They were heretofore so Epidemically strict, that they would not bate us a pin in their exactions; they have worne a Vizard a long time: But a Vizard sayd I? Their pride was a sufficient Vizard, for it was no marvaile that no man else could know them, when they knew not themselves. But when the Parliament shall once unface these, they will prove as bad as any cards in the packe. They were Janus-like, and had two Cloakes to hide their knavery; and like the Pythagorean Monster, they did threaten to devoure the whole Commons at a mouth-full. In Ægypt the thirsty Dog could never lap of the River Nilus, but the Crocodile would assault him immediatly. Neither in our Land could any honest man, whom drie necessitie by compulsive coercion required to allay his sitiating thirst, sip at the odoriferous Spring of Bacchus, but incontinently he was assayled by these cursed Crocodiles, the rubbish of Babylon, Honesties Hangman, fomenters of Impietie, Iniquities prodigious Monsters, Plenties execrable Foes, Envies individuall Companions, detestable Enemies to loyall Subjects; and in a word, that I may fully paint them out, The Devills Journey-men. The Romans were never in more danger of the Sabines, than wee have beene of these pernicious members: the Sicilians never feared the Basilisk more, nor the Cresans the &illegible; neither the Athenians that pestiferous Serpent Epidaurus, than we have justly feared these wicked Dragons of implety. They are like the Grecian Horse, in the midst of Troy, under pretence of safety, but at length consumed the whole city: So these firebrands of iniquitie would have extirpated the flourishing plenty of the Land, but (thanks be to God and the righteous Parliament) they are now extinguished. For as a rotten member Ense recidendum est ne pars sincer a trahatur, ought to be cut off, least it infect, and contaminate the whole body; so ought these wicked members of the Common-wealth to be executed with the Sword of Iustice, who have already too farre polluted the body of the Realme. Tis a plausible assimulation which Hippocrates observeth, that in the body naturall, as it must be truely purged, before it can be truely sound: so likewise in the body politicke, unlesse these improbous malefactors be purged out, it can never be truly sound. Their very name Monopolers doth stigmatize them under the brand of knavery, which is derived from &illegible; which signifies in English, Onely: so that Monopolers, are the Onely Polers of the people, which have abused them by their Projects: But now (alas poore men!) they are intruss’d and like to be whipp’d. Their very Projects themselves are set against them: Their Coles which they did aggerate are ready to consume them: The Butter, which before greased their pockets, now melts in their mouthes: The Sope scornes to be projected any longer, and will invert its first Letter S. into R. and become a Rope to them rather. The Salt is ready to pouder them to Tiburne: The Cards scorne that they should play the Knave any longer: The Pinnes could pin their Heads to the Gall-house, The Wine threatens to lay them dead——drunke: but hang them they are so crafty, that although they fall downe in a Wine-Seller, yet they know how to rise up agine in a Tobacco-Shop, but I hope before they rise there, they will first rise up at the Gall house: where I’le leave them——By these, and the like enormities have our Land beeue too farre overspread, it hath lately flourished too luxuriously in impiety, which did accumulate such insupportable burthens to the weather-beaten Commons of this Realme, that they were almost everted. But thankes be to the all-disposig omnipotence of immortall God, who have alwayes preserved this Kingdome from innumerable evills, and have kept it as the apple of his eye. I say thankes be to his Supremacy, who among other evills have preserved us likewise from the Tyranny of these insulting Projectors. But we now solely depend upon the Parliaments exemplary piety and great Justice, of whom we beg with all humility, and with affectionate servency to the truth, doe supplicate that they would with expedition extinguish these cursed firebrands of the Land, who like Samsons Foxes have consumed the Lands and Possions of the Commons. Wherefore let every true hearted Subject enumerate his expresse thankefulnesse to Almigty God for the preservation of this Kingdome, and the multitude of his favours irrigated thereon with all alacritie.

A Thanksfullnesse to God for his Mercy towards this Kingdome:

VVE blesse & magnifie (great God!) thy Name

Who justly dost exenterate with shame

All Enemies to Thee, and us who dost

Preserve this Kingdome with thy favours most.

By Thee our base Monopolers doe fall

False Prelates, and false Papists in their Gall.

By Thee Projectors vanish, and by Thee

The Church has beene preserv’d from ’Popery.

By Thee our Canonists requoile, and turne

Their Innovations to a dolefull Urne.

By Thee all Pontificians dote deplore

Their fortune more diastruous and more.

Thus in our Hemisphere, while the bright Sunne

Desplayes his radiant splendor, and doe runne

Through the twelve Signes i’th’ Zodiacke, and then

Smileth upon the face of mortall men:

Thus while the Queene of night doe beautifie

Her selfe, and gilds the Star-bespangled Sky:

While liquid rivers doe returne againe

Wandring abroad into the greedy maine,

Yea, while our pious hearts remaine to be,

We yeeld a thankefull sacrifice to Thee.

And as we thanke Thee for thy Favours past,

So we doe supplicate a blessings last.

First, that Thou would’st extenerate all those

That are Monopolers, or other Foes.

And Then (oh!) then conduct the Church aright

For our Salvation and thy Heavenly Right.

That we may serve Thee, serving Thee we may

Rejoyce, rejoycing triumph, in that day:

Triumphing, then exult, exulting raise

Glory to Thee, and serve Thee all our Dayes.

FINIS.

 

 


10.4. Richard Overton, A Sacred Decretal, or Hue and Cry (31 May, 1645)

Bibliographical Information

Full title

Richard Overton, A Sacred Decretal, or Hue and Cry. From his superlative Holinesse, Sir Symon Synod, for the Apprehension of Reverend Young Martin Mar-Priest. Wherein are displaid many witty Synodian Conceits, both pleasant and Commodious.

Europe, Printed by Martin Claw Clergy, Printer to the Reverend Assembly of Divines, for Bartholomew Bang-Priest, and are to be sold at his Shop in Toleration-street, at the sign of the Subjects Liberty, right oposite to Persecuting-Court.

Estimated date of publication

31 May, 1645.

Thomason Tracts Catalog information

TT1, p. 378; E. 286. (15.)

LWV

T.46 [1645.05.31] (10.4) Richard Overton, Sacred Decretal, or Hue and Cry (31 May, 1645).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

A SACRED SYNODICAL DECRETALL, Or, HVE and CRY, FROM HIS SUPARLATIVE HOLINESSE, Sir Symom Synod, for the Apprehension of Young MARTIN MAR-PRIEST.

WEE the Parliament of Divines, now assembled in holy Convocation at Westminster, taking into our grave, pious and learned consideration, all the goodly fat Benefices of the Kingdome, the reverend Estimation, Honour and Supremacy due unto the Clergie, and out of a godly care and pious providence as becommeth Divines for our own Guts, having used all subtilty and policy wee in our divine wisedomes &illegible; devise, to take a godly possession of the dearly beloved glorious Inheritance of our Fathers, the late Lord Bishops, their divine supremacy, their sweet, their wholesome and nourishing Revenues, their dear delicate toothsome Tithes, most supernaturall and pleasant to a divine pallat: yet notwithstanding this our godly care, our secret policy and cunning contrivances (gloss’d over one would have thought with sufficient sanctity) to our great sorrow & grief heart, the worke of the Lord of late hath been much retarded in our hands by the enemies of our peace, who most trayterously and blasphemously endeavour to turne us to the goodnesse of the people, by divers hereticall bookes, as the Compassionate Samaritane, The Bloody Tenet, and especially by that dangerous and destructive Book to the Clergy, intimled The Arraignment of Persecution, compil’d and dedicated to our divine Protection by that inveterate Malignant Arch-enemy to the Clergy, Young MARTIN MAR-PRIEST, who hath stung us to the very hearts, wounded our reputations, detected our Policy, and made us a By-ward, a &illegible; and derition in the mouthes of the People, and now, out of our pious zeal, (having a mind to exercise his patience with our godly chaltizement) the refractory Apostate, by his policy shrowdeth himself from all our Spies, Spirits, and Emisaries, yea and which is to be admired, even from our Sacred Syroddicall Conjurations, Classicall and Presbyteriall Exorclimes, Invocations, &illegible; Imprecations, Pernomina Admay, Zebasth, Adonay, &illegible; El, Elobim, Elion, Esperchie, Jah, Tetragrammation, &illegible; et per sedem Admay, et per O Theos, Iseyros, &illegible; Nareletus, et per bæe tria nomina secreta AGLA, ON, TETRACRAMMATON: perareat Spiritibus nosteis malificis Presbyteris Adonay, Suday, Reg regum, El, Aty, Titerp, Azia, Hyn, Jen, Minosel, Achadav, Vay, Vat, Fy, &illegible; Fye, Free, a El, El, a, Hy, Hau, Hau, Va, Va, Va, Va; and nothing appeareth but a Bull, tosting Sir John upon his hornes, and stamping the blessed Ordinance for Tythes under his cloven feet. O profame MARTIN! O wicked MARTIN! O sacialigious MARTIN! O blasphemous MARTIN! What, tosse a Presbyter, and profane the holy Ordinance for Tythes, MARTIN’S not a Benefield man, that’s infillible divinity. Wherefore we being thus heard and Bull’d, WEE Decree and Ordaine as irrevocably and unalterable as the Lawes of the Medes and Persums, yea, be it in &illegible; feculorum, as Authentick as the Directory, that if any person or persons whatsoever, be they hee or shee, male or female, man or woman, boy or girle, that can frighten Young MARTIN MAR-PRIEST out of this his horrible terrible horried Carsock, or can any wayes make an exact discovery of him, or can betray his person into our Synodicall Protection, that He or Shee so doing, shall have &illegible; present pay &illegible; a thousand Tith &illegible; pet &illegible; in &illegible; for he hath so uncassock’d our misterious divinity, our crafty subtill Belly-timber designes, our pious &illegible; with the Peoples Liberties, &illegible; godly Ambition above the State, that if he be not prevented &illegible; &illegible; powring his Plagnes &illegible; generall and &illegible; ROT will suddenly surprise the whole Clergie, and wee shall all surely die of the new &illegible; called the Martin, an Epidemicall fatall disease unto the Clergie, the Lord in his mercy look upon Us, thine owne Tribe, &illegible; Tribe of LEVI, wee had better have sit neere two yeers longer in our most holy &illegible; and made our Fourty thousand foure hundred pound Directory, a Directory of Fourescore thousand. Eight hundred pound; &illegible; rather then hee should have discovered to the people their own native liberties and birth-rights, for their ignorance is the dear Charter by which wee hold the venerable Tenure of our &illegible; and the &illegible; Pillar upon which wee nerect our Reverence, Ambition and Supremacy: wee had thought plainibly, and without all noyse, to have undermin’d them &illegible; a &illegible; which we Divines call Mistery of Misteries, had not this cunning puted &illegible; unfolded our riddles, and made them so plain, that we know not how to zeale them over with sanctitle to the eye of the people: Wherefore, (O all ye Divinest) curse him with your &illegible; in seculd &illegible; ultra, all yee Presbyters, knock &illegible; his braines with your Classicall Cluo, all ye Assembly of certaine Tith &illegible; &illegible; upon MARTIN, run at him open mouth’d, rend and teare him with your young small Presbyterian Tusks, O all yee divine white faced Bullcalves, gloore, bellow and &illegible; like the mad Bulls of Bason, and tosse him (if you can finde him upon your shornes, till yee shake him out of his &illegible; Hide: O ye Presbyterians. Tith Turkey-cocks, set up your feathers, clap your wings, advance youn &illegible; coxcombes, bumme, &illegible; and goble, goble, goble, goble against MARTIN, till ye fright him into Not-ghre, or &illegible; &illegible; &illegible; &illegible; or the &illegible; grave and learned Tyth Greese and &illegible; call &illegible; Assembly, consult and combine against MARTIN, to hisse and guggle him out of his Five pestilent senses, for he meanes at one blow to dash in pieces all your Tith milke-parles, bowles and &illegible; potts, &c. and never leave thumping, as long as he heares us &illegible; or call for &illegible; against &illegible; Brownists, &c. or hears a Tith-pigge but squeeke in Sir &illegible; pocket: O yee Classicall Clarkes and Sextons of the Three Kingdomes, demolish and pull downe all the Martins nests from your Church-walls and steeples, and have a spirituall care (as you will answere the contempt of the New Ordinance) that hereafter no birds build, chatter, or doe their businesse, or sing there, but Church-owles, Jack-Dawes, otherwise called Sir Johns, blinde Batts, Presbyterian Wood-cocks, and the like: O yee two Houses of Parliament, make another Ordinance to make all the Martins flie the Three Kingdomes next Midsommer with Oncecowes and Swallowes, that wee may have a Blew-cap Reformation, among Batts, Owles, Jack-Dawes, and Wood-cocks (and then Blew-cap for us.) O all yee Presbyterian Hang-men, mercilesse Goalers, cruell Executioners, terrible Tormentors, and other our Synodian &illegible; and keepers of our Presbyterian Warehouse, draw up all your Instruments of torture, and torment in Bartalio, and advance into the South against MARTIN, give him an Alarum, fall upon his Quarters, and divide them into Weather-cocks, (but first let us catch him) upon the perill of our malediction, presently appear in your Armes, and let all be prepar’d, triple knotty corded Whips, to slash MARTINS sides, Pillories for peoping-holes for MARTIN: Sharp Knives to cut off Martin’s cares: hole burning Irons, to &illegible; Martin’s checks, Hunger and Thirst, to pine, pinch and starve Martin, divine Halters of the best Tyth-Hempe, to hang Martin: Fire and saggo: to burne Martin: Spirituall Caldrons, divine spits, holy Fire-forkes, and sacred Gridicons to boyle, roast, and broyle Martin: Lowsie, stinking, silthy, &illegible; and noysome Dungeous, to stisle, devoure and poyson Martin, for Martin must be devoured; but how shall we find him! O ye Stars, Fates, Man, Angells, Blew-caps, and Devills, wee are mad, mad, and will be mad, stamping, staring horn-mad, for when wee looke him at London, hee’s at Yorke, when wee look him amongst the Lords, hee’s with the Commons, when wee look him in the North, hee’s in the South, when in the Fast, hee’s in the West, when we thinke to spie him amongst the Independants, hee’s in the godly shape of a Presbyter; when wee thinke to catch him at publike Meetings, hee’s at our private consultations, conclusions and debates, and now to secure himself from our last shift, the cunning Varlet’s skipt into a Bulls-hide, Martin knows, they must have a long spoone that eates with the Devill, hee’s such an Ubiquitory, wee know not how to deale with him, hee’s even too hard for Sir Simm, Sir John, and the Devill himself, that wee are even at our wits ends, hee’s but a little bird, but a pestilent one to the Clergie, hee feares not to encounter with the ravellous Tith-panched numerous headed Hydes of Divines, and is resolv’d to pick out their eyes. Oiueffable Omen! O mischievous Priest-murtherer Martin! desperate Martin, wee I try thee by a Jury of Fresbyters, but all the wasts in the catching: Good people helpe us, as ye hope to pay tythes, or else we shall leave Preaching: if Martin be suffered, your I have all the misteries and hidden things of the Clergy laid open, had goe neere to tell you, how we bore you in hand, that the Common Prayer-Booke &illegible; the Worship of Almighty God, so long as wee found any marrow or &illegible; in it, and that in its Abolishment and introduction of the Directory, we did not so execrate the one, and &illegible; the other, as not to lay down the New, and humbly lick up our Vomite, and returne to the Old, if the King should come home again, (as nothing is impossible:) that in our Pulpits, Presses, and in our Directory, we declare, that We &illegible; the &illegible; not for any evill that we apprehended to be therein, but to satisfie the People, (tis good to have a care to the maine chance) who were offended therewith: The temper of the People is an infallible Rule to us in the Worship of God, but tis otherwise with us in the heavenly Ordinance for Titbes, and very good reason too, a bird in the hand is worth two in the bush, the good Ordinance for Titbes, is far better then the good will of the Vulgar, (fair words butter no &illegible;) though they would have &illegible; therewith content, and are offended at our Tithes, wee must not have our mouthes muzzld, considering what toylesome Cattell wee are, to treade out their Corne into our Barnes. Heel tell the Country, That wee sanctifi’d our New DIRECTORY Gospel, but to the temper of the City, tell the City, That the Countrey people know not what to doe with it, except to stop their Bottles, unlesse wee spend the State the other odde trifle of 40000. pounds, to divide it into Chapters and Verses (the Lord put it into their hearts:) and that as the truth is, its sanctitie is only grounded upon the divine Ordinance for Tithes (some wiser then some) for no longer Peny, no longer Pater-noster: Yea, hee I not stick to tell the people, That the inhancing and ingrosing all Interpretations, Preachings, and Discipline into &illegible; own hands, is a meere Monopole of the Spirit, worse then the Monopole of Soape, &c. and that the new Ordinance of the 26. of Aprill, that no Person or Persons be permitted to Preach, that is not ordained a Minister, &c. is but a Patent of the Spirit, to get the whole Trade into our own hands, and so rob the people with what Ware, and of what price we please, thereby only to advance and enrich themselves, impoverish and &illegible; look in their faces, and pick their pockets, If Proaching should not be reduced and reconfounded in the antient bounds of the Clergie, the &illegible; would out-strip the Scholasticks in Teaching, and Knowledge would so encrease and multiply amongst the Common People, and Preaching grow so common with them, that We should grow out of &illegible; and all things that are good and dainty, to depart from us, therefore it was wisely prevented in time: And which is worst of all, a thousand to one hee’l blab it cut to the World, how craftily wee have dealt with the Parliament, and cheated the State! and as the way of a Serpent upon a Rock is unknowable, so have our circumventions, &illegible; and subtill contrivances been even invisible, inscrisible to them, and so silently, secretly and gradually have intic’d them with the &illegible; of Religion, and caught them with a Syncdean hooke, wee held out the Leigue and Covenant, the Cause of God, and the like, to the Kingdome, and at longth pluck’d up the fish call’d a Parliament, out of their proper Magesteriall Element, into our Synodean spirituallity, and thus neatly wrested the Scepter out of their hands, that they neither know nor perceive it, that in truth, the Assembly is desembled into the Parliament, and the two Houses made but a Stalking-house to the Designes of the Clergy. They say, It is Decreed and Ordained by the Lords and Commons, &c. but in Plaine English, it is by the Assembly of Divines, ’tis true, it is the Lords and Commons in the History, but the Assembly of Divines in the Misterie, as MARTIN wisely hinted in his &illegible; before his book of the Arraignment, for We are become the sole Directorie, and coercive Power both in Church and State, a Supremacy due unto us, as well as to the Pope, and though we give them (as men doe bables to Children) the Title of making, and judging of Lawes, to please them yet with such distinctions and limitations (to speak this under the Rose) that we intend for our selves, that which we give unto them, even as our Brethren of the Society of Jesu doe concerning his Hoiiuesse the Pope, in his Infallability, and Temparall Power; this honour and priviledge was of Divine Right given, and antiently enjoyd by our Reverend Fathers the Bishops, and why should we not be heirs unto it by our legitimate litreal discent? All Lawes, Statutes and Ordinances both concerning Church and State, were Decreed, Ordained and Enacted by the Lords Spirituall and Temporall, &c. and why not now by the Assembly of Divines, and Parliament now assembled &illegible; Westminster? this is not yet in the History, for indeed, our matter is not yet ripe for such a discourse; The aye blessed Divines of Scotland first laid the foundation, upon which ever since, the Businesse hath been prosecuted, they foysted into their States Protestation in Septemb. 1638. that the Synod and Parliament are the Law-makers, and the Low-interpreters, both Divine and Humane, and whatsoever doth but glance upon our Proceedings, our Preachings, Writings and powerfull influences upon the State, may evidently discerne that we have it not only de facts, but even misteriously have made it our owne de jure, and in time, when we have brought our designes about, in all Acts, Statutes and Ordinances of State, we shall speak distinctly and plainly in the language of our Fore-fathers, the Lords Spirituall; indeed this &illegible; was found intollerable, and burthensome to the State, and People, therefore having so good advantage to transferre it to our selves, it being very honourable, pretious and profitable to our gutts, we wisely helpt to Vote them out of the House of Peers, caught hold of their Supremacy, and let their Lordships goe, and very prudently &illegible; it to King Henry the Sevenths Chappoll (of ease) and make as much use of it there, yea more, as if we were in the House of Peers, for thereby we act more misteriously and covertly from the peoples discerning, and thus our intents (to speak privately among our selves) is in plaine English, not for a reall, but a Titular Reformation in Church and State, which by comparing spirituall things with spirituall, is to make our Ecclesiasticall Jurisdiction Independant, according to the affirmation of our Scotch Brethren, in their Answer to Marquesse Hamiltons Declaration, compared to Traviers, the Scotchman, Dedisrip. Eccles. pag. 142. Huick discipline omnes orbis principes & &illegible; &illegible; submitteric, & parere necesseiest,Traviers, de Discip. Eccl. p. 142. there is a necessitie that all the Princes and Monarches in the World should submit their Scepters, and obey this Discipline, and to this &illegible; the Divine saying of our Brethirer, proclaimed at the Crosse of Glasgow, That our Assemblies are the supreme Judiciary in all Causes, &c.

This subtill Tell-idle must be taken, or elso all’s &illegible; all’s &illegible; both Parliament and people will understand our deceit, and then Sir John may goe whistle for his Tithes, if the People once understand their own Rights, and that the exaction of Tythes, is meere Theft and Robbery, they’l have the wit (if they be wise) to keep their owne, cease hiring us to cheate and delude them to their faces, while they want to supply their owne necessities, and cashiere us, as they did the Bishops; then the Parliament will regaine their Power, and the People their native Liberties from our divine usurpation, and we shall be laid levill with the Mechannick illiterate Laicks, (a wickedness not to be mentioned in the Church of God) this is MARTINS drift, that great Anti-Clergie O that profane Martin! that cursed Martin! that wicked Martin! wring off his neck, for ever and ever, And let all the people say, AMEN: O all ye holy ravenous Order of Syon-Jesuites, pluck off his feathers, teare him in pieces, rend his flesh, crush his bones with your great Iron Teeth, make no more of him then you would of a Tith Pigge, be sure to devoure him, but you must have a speciall care to chew him well, for he is a tough Bitt, if he chance to slip down whole into the tunacle of Sir Johns stomack, hee’l keep such a rumbling, such a jumbling, such a tossing and flinging the Tith-cocks, Lambes, Pigges, Geese. Milk-pails, bowles, Cream-pots, &c. too & fro in Sir Johns goes, that Sir John will be forc’d to vomit them, with the Subjects Liberties, and Power of Parliaments, up againe, before they be throughly concocted, and turned into Presbyterian Blood.

Bee it therefore further Ordained and Decreed by US, the Puissans Assembly of Divines (Lords paramont over Church and State) in Parliament now Assembled at Westminster, and be it Ordained by the Authoritie of the Same, That all our Intelligences, Spies, Spirits and Familiars, delegate into all parts of the Kingdome, into all Separate Meetings, Conventicles, and Confluxe of people, and all our Synodian Jesuites, Setrinaries, and Presbyterian Emisaries whatsoever, in the Armies, Townes, Forts, Castles, Places of strength, and all Watches, Sentinells, and Courts of Guard in the whole Kingdome, forthwith, at the publishing hereof, as they tender their respective Places and Preferrments, (WEE having the Keyes of the Kingdome, both of taking in, and casting one) diligently to so observe all sorts of people, their severall Garber and Fashions, and be sure to let no man walke the streets, failds, passe your Courts of Guards, or any where sojourne in a Pulls skinne, (for that’s the Bullock MARTIN) without present apprehension: and in case be runne, &illegible; or gear at the Ordinance for Tithes with his right been, at the Directory with his left born, that all the Trained Bands in the whol Kingdom be speedily raised to &illegible; him, that we may Sophistically conclude our Presbyterean Premises, with take him Goaler, & that this design be manag’d by the subtil contrivances, Jesuiticall Plots and Conspiracies of our Close Committee of Presbyters as Syon-Colledge, deputed by Vs to undermine and blow up the two Houses of Parliament, with the Subjects Liberties into the Ayerie Region of &illegible; Supremacy. For so long as MARTIN escapes our Synode in churches, hee’l endeavour to reduce the Power of Parliaments, and the Subjects Liberties to the right owners, and to recover them from the usurpation of Ecclesiasticall Supremney, whether Papisticall, Pretaticall, or Presbyterian, let it goe under what Name or vizor it will, or be never so suitable to the present temper and ignorance of the people, MARTIN is resolved to unmaske it to Posterity, and make our Reavery as plaine as a Pike-staffe; though through our instigations, suggestions, and powerfull Influences upon the State, he be condemned as a Traitour and disturber of the publike Peace (for our gutts strumble at him every morning) when indeed it is but of our Ambition, Covetousnesse and cruelty, and seal the discharge of his duty to God and his Country, with his vitall blood, and the ruine of all that hee can call his, considering that the generall and common Good of the whole Kingdome is to be preferr’d before the particular interest, profit, or good or one; Young MARTIN values the general good above his owne, and is resolved by the Power of God, to endeaveur &illegible; utmost to pluck off the Scales of ignorance from the eyes of the Parliament and People, that they may cleerly see their owne Priviledges, Rights and Liberties, though we have secretly strow’n his way with hott burning Synodean Coales, hee’l not see his Countries good on fire, and not labour to quench it, but save his owne; yea, while we are Blurting it in the Palpit, this damn’d Dog MARTIN will barke out the Truth to our shame. MARTIN’S resolute, how ever hee be esteem’d on by friend of soe, or what ever shall come upon him for his testimony, hee’l tell the people, like a long-tongurd blab, That we informed them in our Pulpits, that the Prelaticall Lord Bishops, while the High Commission Court was in power, while any Ecclesiasticall Endowments, Parsonages, Fluraltisies of Livings, sweet wholsome fatt and fruitfull Tithes could be sucked from their Supremacy over the State and their owne worth, were the true Ministers, Overseers and Ruling Elders of the Church, and therefore magnified their Names, gave them their Titles of honour and Supremacy, as our Reverend Father in God, William, Lord Archbishop of Canterbury, my Lords Grace, (him by whom wee got our Livings) and the like, pray’d for them in our most Sollemne publike Devotion; Almighty and Most mercifull God, which onely workest great marvailes, send down upon our Bishops and Curates, and all Congregations committed to their charge, &c. (wee thanke God he did not heare us) swore Canonicall Obedience unto their Injunctions and Decrees, wore the Surplesse, crowclrd and cring’d to their Altars, were very Religions and Godly observers of their Superstition, delivering those in our severall Parishes up to their High-Commission Tyranny, which out of a good Conscience would not be as servil as our selves to their Idolatry (else how should we have got in our Tithes, though now, God be thanked, and the Parliament, the case is alter’d, wee have an Ordinance for it:) but no sooner was the said Court supprest, and the countenance of the Parliament appear’d against Lord Bishops, so that no hopes of any store of Belly-timber, present or future, was to be had but from the Parliament, they having at that time, the whole strength of the Kingdom in their hands, that immediately hereupon, wee had the Lord Bishops defiance, and declared them to the Parliament, to be Antichristian, and all that had any Dependance upon them, except our good Worships forsooth, a Misterie of Misteries! O sie upon this MARTIN, that Tell-tale, that insufferable wicked MARTIN, that thus tells all to the people; hee’l tell them, That the same reasons and grounds, by which we prove our Presbyterian Classis, are no other but the very same by which in the dayes of the Bishops, wee proved their Ecclesiasticall Jurisdiction, the Authoritie of their Courts, Canons, and Injunctions, and though ere-while, in their suppression, for our own ends, wee condemned those reasons and grounds as Antichristian, rotten, and unfound, yet now we are glad to make use of them, (drest up only in new &illegible; Iinnen) for our Presbytrie, yet so misely, that none, except some few of the MARTIN breed (that see through all our devices, sleights and policy) have &illegible; it, that now, mutato nomine, the title onely chang’d, you have Prelaticall Supremacy under the vizour of clabbing it downe, as absolute &illegible; ever: Hee’l put them in minde of their Protestation, and tell them, that by the same rule they put down the Bishops, they are bound to extirpate the Presbyters (that’s carnall reasoning) however wee haye dearded and plaid the Jesuites with the State: Yea, hee’l goe neere shortly to trace out our very foot-steps, through the subtill Menders, and secret by-pathes of the holy order of the Society of JESV, and parralell all our proceedings with them, and prove us, as indeed we are, absolute Jesaites, (only a little worse) under the reverend Order of Presbytry, that the people may be throughly informed what Cockatrice-egges they hatch in their bosomes, and kill us in the birth, least wee break forth into Ecclesiasticall Serpents venemous and mortall, and bring greater plagues upon them, then ever came by Bishops (seldome comes a better;) for in MARTINS Astrologicall judgement, all the plagues of Egypt were but a flea-biting to what one Presbyterian Thump will be, (&illegible; si possient regales cestibus enses) wee having mortify’d Episcopall &illegible; and possest his Club.

O insufferable MARTIN! all the curses and maledictions of Popes, Bishops and Presbyters light upon thee, to the third and fourth Generation, beyond the dissolution: What, wilt thou never leave tatling? will nothing suffice thee? thou hast told enough sure, doe not discover to the people, that in the laying our Designe, to exalt our selves in the stead of our Spirituall Fathers the Lord Bishops, lately so stiled by us, at the first beginning, after we had fomented jealousies, and principles of divisions betwixt the King and the Parliament (but so, that none knew from whence they came,) not knowing which way the Dice would fall, we kept our selves in a direct Modion Posture, that wee might be sure notwithstanding, which way soever it went, to preserve our owne Interests; yet notwithstanding, wee &illegible; a little at their grossest Superstition and Idolatrie, but so, as with &illegible; no further then the temper of the people, for what they could not beare, that we could be more free to harpe upon, but yet with a gentle and soft touch, so as they might have the found, and the strings preserved for another time, in case our Designe should faile, and for the sufer accomplishment of our intended Advance into the Throne of our Reverend Fathers, we made use of the Piety and sincerity of the Anabaptists and Brownists, too much enrag’d by their Tyranny and cruelty, and knowing that one of Conscience they were in direct enmity to their exorbitant wicked Hierarchie, wee cunningly put them in the fore-front, to give the first onset, to breake the Ice, that wee might wad: after, when we see our mature opportunity, so that in the first division betwixt the King and Parliament, wee ranne then point-blank upon the Kings displeasure, thrust them into the noyse, while like cunning &illegible; we lay at a close guard, and most mysteriously extracted his severall Proclamations and Declarations against them, and so subtilly with one stone kill’d two birds, used them to make way for our supremacy, but so us’d them, that they might be rendred contemptible to the people by the Kings Proclamations, this is a principle Maxime observed by the new Order of &illegible; which we call Presbyters, and that a great while after, even when we began to be seen in the &illegible; all our Pulpits were hush and silent concerning the &illegible; and Brownists, our countenances smooth, blith, and calme towards all of them, as if we had intended the procurement of their* own Rights and Liberties with our owne, thereby the better to engage their persons with the Kings partie, exhaust their purses, impoverish and disinable them, that they might ruine themselves in theraising of us (wisely done!) so to advance our selves with the lesse clamour and noyse, and to make them the more remisse and negligent in solliciting and seeking to Authority in their own particular behalves; they thought all was well (pure &illegible;) and as one man went out, engag’d their Lives, Fortunes and Estates against the &illegible; whilst we &illegible; in our sleeves and laid our designes too &illegible; for their Liberties, while they were honestly busied, and minded nothing &illegible; the generall good, and equall Liberties of all the common people, one as well as another, wee like subtill Foxes at home (to catch the Tith-Fullen) by meer Syn dean slight of hand, cheated the simple hearted silly soules (as we have done the Parliament;) of their owne, and wisely converted the purchase of their blood (ab equis ad asines) even to the heiredome of Sir Johns: But all the while there was imminent necessity of their Assistance, we witely held friendly correspondency with them, were very amiable, peaceable & gentile towards them; O how &illegible; and fawn’d upon them I were sit to stroake them on the heads, and call them our white Bayes, while neatly we flatter’d them out of their Liberties; (O divine pollicy!) and comen’d the fooles of all, (Hoh, hoh, hoh, The Divell he &illegible; aloud:) But when wee had introduced the brethren of the Holy League, (welcome to none but us) wee so joyned their hands in the Syndean Bands of Presbytery, (for charity begins at home,) that their League could not be inviolate, their Covenant (the Bed of their Contract) undofyl’d, if our Presbytry were not concluded (our Brother Marshall and Hinderson were not delegated thither for nothing) for we made it the very condition of the League) else our bellyes would be grumbl’d at our folly another day, and arose up in judgement against us,) so that the mutuall welfare and ruine of Two Kingdomes became subordinate to our Exaltation (&illegible; no matter who stands or falls, so wee rise.) And in the very nick of this Kingdomes necessity of their Assistance (when wee had gormundized, guzzl’d and swild up more then would have paid the Parliaments Armie at &illegible; green) we &illegible; catch’d at the advantage (for we watch’d for’r, as the cat watch’d for a Mouse) and therewith (like godly Divines) we wisely (take us ignorant for our bellies, and knock out our teeth) glose’d over our policy, spiritualiz’d our craft (for Wee (though none else) can &illegible; &illegible; birds with chosse) that insensibly we interwoave our own Intercts with the state of Two Kingdomes, their &illegible; concurrence, and warre-like Assistance could not be without our. Presbyterian Advance; And thus as soon as we had by our plausible pretences, hook’d in a sufficient partyy without those silly Sectaries, to doe our Presbyterian &illegible; (as &illegible; very sit;) and possessens of the holy Inheritance, (which we have long &illegible; for &illegible; patries inquirit in &illegible;) forthwith lite divine Machiavels, we chang’d our Posture, fac’d about, wherour tongues bent our bowes, set up our hornes, star’d like Divels, laid about us (like so many &illegible; at a &illegible;) thump’d the &illegible; and made all the pulpits in London, but more especially St. Margarets Westminster, to ring against the Anabaptists, Brownists, &c. so lowd, that the Divine Eocho thereof might easily be heard beyond the River Tweed: yea, like Noble Renegadoes, wee quickly plac’d Jockey in the right wing, Sir John in the left wing, and OLD NICK in the Batalia, and seeing the Sectaries had Tolleration in their right wing, no Tythes in their left wing, and Christ in the Battalle; wee wheel’d both wings into the Battalle, and facing to our Leader, discharg’d all in a triplicity upon them bravely resolving to take Christ Prisoner, make him a Presbyter, kill all his Sectaries, rout the Independants, and make them runne like sheep before the Wolfe, as fast as our &illegible; at Marston-more: This is our predicatory Prowesse, when we advance into the Pulpit, wee can draw up our Armies, conquer, and bring home the spoile in a trice, and one man there can chase a thousand Sectaries before him (well fare a good Ordinance.) And least they should fall upon our reare, under the pretence of suppressing the Kings papers, wee bounded the Presses within our Presbyterian Compasse, that they could not without hazard of plundering, tranferesse our Reverend Imprimatur; then out issue our witlesse Seholastick Tractates against the Anabaptists, &c. having thus neatly slopt their mouthes (dolus an virtus, quos in boste requiris?) we sophisticated their Arguments, detracted from their validity, rendered them ridiculous, irrationall, empty, and vaine, (as well as we could) and then with our pollitick Answares, we present them to the people with an Imprimatur, JAMES CRANFORD, or the like: We employ Dr. Featlys Divel (a very Reverend able Ten pound Sir John,) to make a Description of the Anabaptist, &c. and this settle spirit, for the love hee beares to the Black Tribe, at the Doctors discease, transmigrated into Old &illegible; Pagits, (&illegible; &illegible; the Divell dend in a day ditch) so that the good old man, to confuse the Mortallity of the Soule, hath made himself sure of an Immortall Spirit, (good Lord deliver us) wherewith he is able (if you will beleeve him) to prove all Horesy that doth detract from the fat Tithes, and large Revenues of the Clergy, for (to give the Divell his due) it was truly said, (as that Spirit gave him utterance,) that to take away our &illegible; is vccidare Presbyterium, death to the whole Order of Presbyters, Hecesiogr. pag. 71. for indeed as our brother Burges said, Wee love no such toothlesse Preaching; if there be not discreet Tyth-gathering (Sedgw. Serns. Jere. 4. 3. pag. 269.) Wee must gave over Preaching, and good reason, for indeed MARTIN hit the nayle oath head, when he told you, our tongues are even with our &illegible; but hang him Roague, doe not beleeve him, wee are the Ministers of Jesus Christ, MARTINS an Heretick; doe you thinke wee’l preach the Word of God in vaine, to content our selves with the good will of the Vulgar: O &illegible; blasphemy! a sinne not to be named amongst the Saints, (considering they are now turn’d Presbyters:) wee set up Lecturers in severall places to knock them downe, (as the Butchers in Eastcheape knock downe their Oxen,) suffer none in the Ministry, that are not Presbyterian; tell the Parliament and People, That God would never &illegible; holy endeavours for Reformation, nor cause their Armies to prosper, so long as they were suffered amongst us, (though in our consciences we know the contrary, but it’s no matter for that) for they’l pay no Tithes, but blasphame the Ordinance, gather Congregations among us, who are as poore as themselves (exceptis excipiendis, only a few Tyth-Pullers excepted) getting our fattest sheep from us (O Heresy! Heresy!) which we like not (quoth Old Ephrains, ibid. pag. 71.) By their meanes also our Vailes for burialls and Christennings is in a manner ceast, which were a great help too; ibid. pag. ibid. Thus is the worke of the LORD hindered; thus these Sanhollars and &illegible; these Arabians, Ammonites and &illegible; conspire together to hinder our Worke: and &illegible; our Learned Phisitian prescribeth, [&illegible; Policy beyond thought, to ingage so good a &illegible; in so desperate a Cure,Dr. Bastwick, Indepen. not Gods Or. p. 52. for the Whole need no Phisitian.] They gather the sheep, and them the good and sat sheep [which were wont to being the best Tyth-Lambes] with good sleeces on their backs: yea, the Velvet-sheep, and the Satsin and Taffiny sheep out of our &illegible; [enough to make a Presbyter turn Independant:] This is an insufferable abuse to my sonne Jack,ibid. it’s even fit to turne his stomack the Independent side outward, were it not for the Restorative Ordinance for Tithee, for Brethren, it is a wickednesse not to he suffered by the* Common Counsell of Presbyters; for if they get the fat sheep from us, let them take the leane-ones too, is it fit that the Ministers of Jesus Christ should be sed with leane raseally Mutton, wee cannot preach the Gospel at that rate, wee must have sat Tyth-Lambs, good sprucy Tassety-Mutton, gallant porklin Tith-pigges, and abundance of Pollen, else how should we Preach think you? Thus much under the Rose: these things must be kept from MARTIN, for should MARTIN acquaint the people therewith, they being fully informed, that no Armies in the Kingdome, neither now have, or ever had better successe then those wherein the Anabaptists, &c. have been most entertained, and that their demeanours in all places where they have come, have beene most regular, humane, civill, and honest of any other &illegible; that they have taken no mans One nor Also, converted no mans goods to their owne use, used cruelty and inhumanity to none, like as others have done: this wee say, if MARTIN, [that seurvie rotten forlorne Priest, &illegible; bred for us,] should reveale, the People will presently conclude, as well they may, that nothing else is the reason of all this clamour and out-cry against them, but the fiery and servent real wee alwayes have to our Ritchings, Spitts, Flesh-pots, &c. whereunto the Independents are now the only enemies, and therefore not to be suffered in the Armies, least by the blessing of God upon their faithfull endeavours, they should merit too much favour from the State: And to prevent this, what course have we not try’d? What stone have wee last unturnd? Had wee not effected the disbanding all Independents out of the Earles Army in the West, had not superiour Pollicy dispanded all, and borrowed their Armes a little in jeast, wee had a speciall care of them in the new &illegible; and those that remaine, wee turne them out of their places as fast as we can, where we can out them without noyse, it is presently done, wee have laid rods in pisse for Cromwell, let him take heed of a Scotch —— [but whist there, that must not be &illegible; of yet,] hee must be talked withall, another course must be taken with Hereticks, or else our Brethren cannot further engage, [God speed them well home again, and let all the people in the Kingdome say, AMEN.] These Sectaries, if they might be assured of their Liberties, would doe the Statebetter service, without plundering or oppressing the poore people in the North, raising the price of Coles, enraging the Sea-men to violence, or involving the Kingdome in irrecoverable debt, &c. but wee had better never obtain Conquest, as gaine it by the Sectaries, as our Brother Ash, the Earle of Manchesters Chaplaine said of the Conquest at Yorke. We cannot but laugh, to thinke how prittily, at a distance, we effected our &illegible; Designe, at a fourth and &illegible; hand, [for wee have &illegible; Masters of that must Excellent &illegible;] we fill’d wondors into their heads, made them Castles in the Ayre, and may goe the fooles by whole Ship fulls, a cleanly conveyance. ha, ha, hah, procul bine proculite prophani, pack hence ye &illegible; but heres the spite, MARTIN staies behind, wee are afraid hee’l discover our Knavery in the Ieish Designe, for if we intended good to them, we might as well tolerate them in England as in Ireland, for if their Toleration in England by our Covenant be unlawfull, it is as unlawfull in Ireland, for our Covenant is as binding there as here; O that wee had them once out of their Habitations, Possessions, &c. but that cursed MARTIN will perswade them to spit on their hands, and take better hold, hee I advise them, first to discharge their duty to their own native bleeding Kingdome, as even Nature bindes them, and in the faithfull prosecution thereof, patiently to expect the blessing of God upon their endeavours, for the LORD is able to deliver them. If MARTIN tell his Brethren of this, they I conclude, it is high time to look about them, hee is such a Tell-tale, hee &illegible; to disclose it, wee know not how to crust him, hee’l tell the people, that wee forged the New Ordinance [that none may Preach that is not ordained Minister,] on purpose to make them, (to use the Doctors Phrase) &illegible; before us, like Lightning before the Thunder, and to this end, suck Bills upon the posts to assemble the &illegible; Multitude in Bell-Ally in Coleman street, London, to put that sacred Ordinance in execution, to pull downe their place of meeting, stone them, commit outrage upon them, drag them tumultuously to prison, stop their mouthes with violence and cruelty, and seeing this took little effect, caused the discharge of Five or Sixe Bullets, while they &illegible; the Service of God, into one of their &illegible; houses amongst them, and that our Brother Edwards saith, if these Sectaries will not submit, there are Stones enough in the streets is force them, this is the Liberty we ever intended for these Sectaries, let them fight as long as they will, they know their wares, if wee may be their pay-masters to their Preaching in the Army is very destructive to our Cloath, therefore the Ordinance was wisely commended to his Excellency, Sir Thomas Fairfax to be executed there, which occasioned a pritty Story betwixt an English-man, and one of Jimmy’s &illegible; Countrey-men, quoth the Scotchman; Man, is it fit that Colonell Cromwells Souldiers should Preach in their Quarters, to take away the Ministeriall function out of the Ministers hands? Why man (quoth the Englishman) doe they so? quoth the Scotchman, I say man it is a common thing amongst them, truly saith the Englishman, I remember they made a gallant Sermon at Marston-Moore neer York, (where they &illegible; Instruments to save this Kingdome) but your Countrey-men were in such a fright, they durst not stay to heare them: MARTIN prays (notwithstanding the Ordinance) they may make many such Sermons, for that was one of the best Sermons that hath been preached in the Kingdome since our troubles began.

Hee’l tell the people, That the Order of Jesuites may become Disciples to the Order of Presbyters for Equivocations, Mentall Reservations, Dispensation of Oathes, Covenants, &c. that wee make nothing to sweare and forsweare, sweare Canonicall Obedience to all Episcopall Rites, Injunctions and Decrees over and over againe, so long as it stands with our owne Interests, but if our Interest depart from that, and be removed to the direct contrary, we abjure the first, and sweare the direct contradictory Oath, as becommeth the men of our cloath, for the honour and support thereof, as our divine practice plainly confirmeth, and in our Exhortation to the taking of the League and Covenant is evident, pag. 4. where (to clear our selves from Perjury,) it is thus written, And as for those Clergy-men, who pretend, that they (above all others) cannot Covenant to extirpate that Government, because they have (as they say) taken a solemne Oath to obey the Bishops, &c. they can tell, if they please, That they that have &illegible; Obedience to the Lawes of the Land, are not thereby prohibited from indeavouring by all lawfull meanes the abolishment of those Lawes, whom they prove inconvenient or misobievous, &c. so that though we have sworn never so sollemnly to them for our former vantage and presoement, yet now their continuance being inconvenient and misobievous to our Classicall exaltation we may lawfully swear (Having so good a ground) the direct contrary Oath: hee’l tell you, how to iusble them out of their Throne to intrude in our selves, we declar’d them to be Antichristian; and now to retain our Ministeriall function and Ordination, wee tell you they were Christian, to wit, Presbytess assisted with other Presbytess, and therefore our Ordination and Calling from them was &illegible; divine, and as our Brother Edwards in his reasons against Toleration saith, the lesse is blessed of the greater, therefore our calling from them is as blessed as theirs could be from the Pope; truly, is MARTIN shou’d send this Newes to our Brethren of the Society of JESV, they would goe neer to write a Congratulatory Epistle to us (as our Brother Lysimachus Nicanor, of that venerabl: Society did to our Brethreu of Scotland) for our happy union with them in their fundamentalls, for indeed, the Pope is as truly Christian, and his Function as equally jure divino, as our Presbytery, convey’d from his Holinesse by our Fathers the late Lord Bishops upon us, and therefore as certainly and lawfully as wee wisely retaine our Ordination from them, and convey it to others, even so certainly and lawfully their Function is justifyable, for it is impossible a clean thing should come out of an uncleane, but it was inconvenient and mischievous to our exaltation, therefore not of divine Right, but Antichristian, Popish and Humane, onely in that sense you must observe (for wee are excellent at such profitable distinctions) and so no longer to be retained, and our Oathes to them no longer obligatory, &c.

Hee’l tell the people, now wee have outed their Lordships that wee contrive Oathes and Covenants meerly to ensnare and catch the People in our wiles, make them carry a face of Reformation according to the Word of God, and thereby betray their innocent subscription to our Presbyterian construction, and necessitate from them the ascription of an infallability to us, as our Brother Edwards wisely gloss’d upon the Covenant, tying the hands of the Parliament, now they have sworne from that which in it self is lawfull, and their duty to performe, necessitating them to compell all men to the Decrees and Dictates of our Assembly, and that all our conclusions are infallibly, according to the mind of Christ, this was wisely, though something too publikely observ’d in our Brothers Antipollogie; Wee discovered no such thing in the &illegible; of the Covenant (to speake it amongst our selves) yet indeed it is to be taken according to the proportion of faith once delivered unto the Saints from our Brethren in Scotland, in the holy Scripture responsorie to the Marquesse of Hamiltons Declaration, where it is &illegible; written, The swearer is not bound to the meaning of the prescriber of the Oath, nor to his own meaning, but is obliged to the reallity, &illegible; so that though it hath been exacted and taken diversly, yet neither the sense of the one, nor the meaning of the other, but &illegible; rei &illegible; in English, Presbyterian Supremacy is the thing sworne to, an Equivocation (if but considered) beyond the subtilty of the society of JESU, so that neither exacter or taker either knew what was exacted or taken, but all swore they knew not what, till our Brother Edwards and some others (matters growing to some in &illegible; for &illegible;) unfolded the Mistery; for indeed wee so walke, as we have then for our ensample in all &illegible; and subtilty,* they middle not with the Kickes of England Ireland, only recommend to us the puttern shown in the &illegible; and therefore it was wisely and fitly spoken concerning us, by our Brother Marshall,* Here you may see a &illegible; Assembly of grave and &illegible; Divines, who &illegible; wait upon the Angell in the Mount, to receive from him the lively Oracles, and the pattern of Gods House to present &illegible; it.

Now this profane MARTIN would know of us, what Countrey-man the Angell was, of whom wee receive the patterne of our &illegible; Discipline, and if it were not the Angell, with whom the Earle of &illegible; once wrestled; being encompassed with his brightnesse on the verge of the Mount; And whether the Mount were not Dance-Hill, [which by translation out of the Originall] by the Divines in Scotland, is Englished Mount-Sion?

Yea, hee’l discover to the people our bloody. Designe we have in agitation against all Independants, A subaptists, Brownists, &c. to torment them and the whole Kingdome, with a New High-Commission Court, which with all zeal and fervency we hotly prosecute, and with plots and godly pretendes [as the present growth of Heresies and preventing their secure increase, that God may be one, and his Name one in the whole Kingdome) endeavour to archieve it, that wee may have power to conveat &illegible; examine them upon Oath to such and such &illegible; as in our divine wisedome; wee shall demand, censure, judge and inslict punishments, whether to inprisonments, losse of &illegible; Punishment or execution of death, as it shall seem good unto the holy Ghost (&illegible; &illegible;) and Us, hee’l tell the people, that Mr. &illegible; one of our holy &illegible; in the Ministery said, the Parliament had more mercy upon the Anabaptists then they did deserve, in rejecting the Proposition of the Divines, to have the Anabaptists pronounced Hereticks, that they might be put to death according to Law; hee’l tell the people, how we set our holy Brother, Old Ephraim Pagit, to incence the Parliament, Countrey and people against them in his &illegible; who in his Epistle Dedicatory, besides what &illegible; he breatheth against them and others throughout his Book, saith, the Illuminated Anabaptists, who &illegible; &illegible; the &illegible; of Children to be the &illegible; of the Beast, &c. where he adjudgeth their doctrine blasphemous, and afterwards in the same Epistle saith, such whose Heresies are blasphemous in doctrine, or dangerous to the State, deserve &illegible; &c. and in the Epistle to the Reader, he &illegible; the Kingdome of England and Scotland, the Parliament and people in this our bloody Designe by Oath and Covenant to make havock, massacrie and Martyrdome of all Sectaries in the Kingdome, saying, God forbid, but that you should keep your Covenant, and oath wherewith you bound your selves in the presence of God, to suppresse all errou’s, Heresies and &illegible; which wee ministred, and you received with great &illegible; by which our &illegible; nature, our blood-thirsty insatiable desires, our ravenous salvage inhumane malice and envy after the blood of the Sectaries is most evident: MARTIN will endeavour to diswade the Parliament from assenting to this bloody Designe, that they be not guilty with us of the blood of the Saints and Martyrs of JESUS, these cursed Hereticks, that profane the Ordinance for Tithes; yea, hee’l informe the people hereof, that they may Petition against Vs, that our sury may be abated, our Power restrained, and this Cockatrice &illegible; in the shell, that to use Old Ephraims own words,&illegible; to Read. they may recover themselves out of the &illegible; of the Divell.

For indeed, Sir Johns gumnies being lately rub’d with a Parliament Corrall, (the &illegible; Ordinance that name &illegible; Preach that is not Ordained a Minister) is mad to put his Boarish Tusks, his huge great &illegible; sangs in execution, to devour, rend, teare and crush these Hereticks; and therefore we wisely consulted amongst our selves, of a Committee of Examinations, to be chosen out of us: it must not be esteemed a foundation to a Court of Inquisition, that’s Popery: nor a renovation of the High-Commission, that’s Antichristian, only an Inlet to a thorough Reformation Court, that’s a godly name, and may doe much good, but we doe not very well like the name of Court, that may be offensive to the people, we shall give it a better Name, more suitable to the government of the State; Dr. Bastwick and Jockey shall be Godfathers, and the whore of Babylon Godmother, and it shall be christned, COMMON-COVNCELL OF PRESBYTERS, (Here’s like to be a City well govern’d!) but it is not yet fit to be known by that name, while the child’s in the cradle, when it can goe alone, it will be a pritty play-fellow for my sonne Jack, if the Doctor can but cure him of the Martin, ’tis true, he hath given him a good Cordiall against some Independant Qualmes, wherewith my son Jack hath been much oppress’d, since Mr. Prynne hath been out-law’d by the Gospell, his Volluminous errours had the benefit (Sir Reverence) of the peoples posteriours, to correct them, (Let the Doctor have a care of his Bills,) num in posteriori pagine omnia sua sic &illegible; Errata, that’s a signe of some grace; who say’s Mr. Prinnes not an honest man, that hath consecrated so much to such a reverent use? but hee shall have a better place when it falls, hee’s in the High-way of preferrment; he doth supply the place of an Informer already, for he must doe a little druggery before he be a Judge: If this Designe prosper, our Synodean Committee of Presbyters, will gradually, step after step, by faire and plausible pretences, get the full power of a Spanish Inquisition, into their Intergatory Committee; should MARTIN know this, hee would advise the people to remember the High-Commission Intergatories, &c. what bondage and slavery, what Tyranny, oppression and cruelty they were thereby subjected to, and how they have exausted their Estates, ruined their Families, their Wives and Children, and spent their blood to free this Nation from that insufferable thraldome, which was esteemed and declared both by Parliament and People as directly opposite, and destructive to the being of a Free people, and therefore the said Court was justly suppressed; should this come to MARTINS eare, hee would engage his life to break the neck of this Designe; rather then see the people engage their Lives, Fortunes, and Estates for the Redemption of their Freedome, and in the mean time be cheated of their purchase, and hold his Peace, MARTIN will push at this, though hee perish in the attempt, dulce est pro patria mori: hee’l tell the City and People how we endeavour with might and maine, to Advance the Prerogative Power of the Lord Major and Aldermen, whereby the Citie and People have been, and are most grosly enslaved, left destitute of a just meanes to preserve themselves, ease their miseries, or redresse their abuses, except the Lord Major and Aldermen will assent, and that no Petition or Remonstrance of any oppression or misery can have a free passage for Redresse unto the Parliament, but what pleaseth their Prerogativeship, they having Power to null and frustrate what they please, contrary to the being of such a free People, the priviledge of a free Counsell, or Commoners chosen scorn among themselves, to whom the Power of the City is &illegible; and in whom of right it recideth, as the Power of the Kingdome is of right in the Parliament, and that wee advance their Prerogative so slylie, as we would not be knowne to have a hand in it, exhort them in our Sermons, to lay aside all Priviledges, and minde the publike Cause, the Cause of our Lord Jesus Christ, and the like, thereby to make them the more remisse after their owne Rights, while in the time of laying our Principles to our High Commission Court, and other &illegible; above the people, we stop all opposition and controule of the City that may be made against our exorbitant proceedings, having made his Lordships Prerogative our owne, whereby we shut the gates against all redresse of their misery or complaint that may be raised against us, and so the more securely lay the foundation to our rising ambition, and goe on without any considerable controule, MARTIN, he sees into our knavery, and would have as dealt withall according to our villany, or any that should goe about to betray the just liberty of so famous a Citie, whereupon the freedome of the whole Kingdom is dependent unto Prerogative usurpation, were he as great as Gurney, that was sent to the Tower.

These and a thousand other of our Villanies hath MARTIN in his Budget, wherefore we pray thee MARTIN, deale not thus unkindly with us, we pray thee be silent, we know thou art an able man, and may doe us much good service, if our terrours cannot fright thee good MARTIN let us bribe thee, if thou hast but a small Living, thou shalt have a Call from God to a greater, we are wont to doe so, can fast and humble our selves most solemnly to know, to which of the twaine God hath call’d us, whether to stay where wee are, or else goe to a fatter, and we are alwayes (God be thanked) call’d to the fattest: If MARTIN will but improve his witts for our advance above the State, hee shall be to us in stead of our Champions Dr. Burges, and Mr. Edwards, even &illegible; the King of &illegible; and Sebon King of the Amorites, to fight our battells against the &illegible; Brownists, and all manner of Sectaries, he shall have the 400 l. that is &illegible; for his life, present pay, and a thousand, &illegible; every &illegible; day per annum; If MARTIN will be our Great Philistim, hee shall be armed with St. Peters Keyes at his girdle, St. Pauls Back-sword at his side, and a Scotch-Dagger at his back, in his hand he shall have a Classicall Club, as bigge as a Wearers &illegible; wee’l put the poyson of Aspes under his tongue, fill his mouth with cursing and bitternesse, teach him the most Excellent Art of &illegible; Sophistication of Texts, &c. &illegible; him with madnesse and mallice against the people of God, fill him with Ambition, Pride and &illegible; make him as swift to shed their blood, as a Butcher is to kill &illegible; let him want nothing to make him a compleat Presbyter, this will wee doe for MARTIN, but the Villane is so cordeall to the common good, that no &illegible; must &illegible; to be reposed in him, wherefore no mercy must be had of him, and this our pleasure for his speedy &illegible; we command all those whom it may concerne, faithfully to put in execution, as they tender Our High Displeasure.

Given it &illegible; &illegible; of Inquisition in
King Henry the Seventh’s
Chappell. June 6. 1645.

WILLIAM TWISSF. &illegible;

CORNELIVS BVRGES. Assessor.

JOHN WHITE. Assessor.

Adoniram Byfeild } Scribes.
Hon. &illegible;

FINIS.

Endnotes

 [* ] At in Assembly of about an 100. Priests, at Mr. Calamy’s (a London Priest) about a Petition against the Bishops, and &illegible; &illegible; that Heresies would further spread, if bishops were put downe, the Priests hereupon &illegible; Mr. Green, and Mr. Spencer, of the &illegible; Congregations, to desire them, that &illegible; time they would suspend their open meetings, and be more private in their practice, for their publike meeting was an obstacle to the suppresion of the bishops, and afterwards &illegible; might have free liberty of their &illegible; & the words were uttered by Calamy, was it now so violent against their toleration.

 [* ] &illegible; to &illegible; &illegible; &illegible;

 [* ] &illegible; &illegible; the &illegible; City & &illegible;

 

 


10.5. John Lilburne, Innocency and Truth justified (6 January, 1646)

Bibliographical Information

Full title

John Lilburne, Innocency and Truth justified. First against the unjust aspersions of W. Prinn, affirmed in the 17th. page of his pamphlet, called A fresh discovery of Prodigious New wandring blazing Stars and Fire Brands, in eight lines of which there is above a dozen of untruths cleerly laid open. Next, by a just moderate reply, to his other pamphlet, called The Lyar confounded, in which the case of Leiu. Coll. Lilburns imprisonment is truly stated, Legally discussed, and vindicated, from the miserable misstatedness thereof by William Prinn. As also by a Cleere Manifestation of the strong and malitious indeavour of W. Prinn, unjustly to take away L.C. Lilburns life, by groundlesse accusing him of High Treason, in designing and plotting to suppresse and cut of this present Parliament by Force of Armes; But Lieu. Coll. Lilburn challengeth William Prinn and all his associates in England to justice and legally prove the same, if he can. Unto whichis annexed a Coppy of a letter written by L.C.L. to one of his special friends when he was in his cruell close imprisonment, in the Common Goale of the Fleet wherein is a large discovery of those soule ravishing Comforts, Ioyes, and Supportations, which he then constantly injoyed, from the Fountains of all Comforts, Published now for the incouragement of the Saints, cheerlfully to suffer afflictions and sorrowes for the sake and cause of their Lord and Master.

Heb. 10. 16, 17, 29. For if we sin willfully after that we have received the knowledge of the truth, there remaineth no more sacrifice for sins. But a certaine fearefull looking for of judgement, and fiery indignation, which shall devoure the adversaries. Of how much sorer punishments suppose ye shall be thought worthy, who hath troden under foot the foes of God, and hath counted the blood of the Covenant, where with he was sanctified an unholy thing, and hath done despite unto the spirit of grace.

Math. 10. 22. And ye shall be hated by all men for my sake; but he that endures to the end shall bee saved.

Mic. 5. 20. Blessed are they who are persecuted for righteousnesse sake; for theirs in the Kingdom of heaven.

I Pet. 4. 22 Beloved, thinke it not strange concerning the fiery tryall, which is to try you, as though some strange thing happened unto you.

Printed in the Yeare, 1645.

Estimated date of publication

6 January, 1646.

Thomason Tracts Catalog information

TT1, p. 413; E. 314. (21.)

LWV

T.53 [1646.01.06] (10.5) John Lilburne, Innocency and Truth justified (6 January, 1646).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Innocency and Truth justified, &c.

To all the Lambs, Redremed ours strading on the Mount Sion, having their Fathers name written on their foreheads, ready to be his will and mind, and to follow him whersoever he goes, not loving their lives unto the death, Grace, Mercy, Truth and Perseverance from God the father his multiplyed.

DEare and well beloved brethren, it was the lot and portion of our only Lord and Master Jesus Christ, to be persecuted, reviled, reproached, and counted a Troubler of the World, and one not fit to breath therein: And this even by his owne Countrey men and friends, and if we his servants meet with the same measure, he hath commanded us not to be dismayed or troubled: and the reason is, because the servant is not above the master: And withall, that we might goe on cheerfully in bearing the yoake of our master, he hath ingaged himself to beare part of it with us, and takes all that is done to us for adhearing to him, as done unto himselfe, Acts 9. 4.

And therefore, saith the spirit of God, in all their afflictions, he was afflicted, & the Angel of his presence saved them, Esay 63. 9: Paul, Peter and Iohn, found these sayings of their master true, and had their Portion in afflictions in an extraordinary manner, but yet tasted largely of the faithfulnesse of their masters promise, which was to be with them, in them; which made Paul glory in his tribulations, and to say, that as his afflictions did abound, so much more his consolations; and Pauls portion in these expressions and injoyments, I my selfe have been made partaker of, in my great and pressing tribulations, which I under went in the Bishops dayes, as in this my insuing epistle written in the yeare 1638. to a speciall friend of mine, you may largely understand, and having had a large portion of sorrowes all along both before and since, throughout my Pilgrimage in this present Valle of teares.

And having had my spirit mightily refreshed and carried above the world, and the lash of my bitter adversaries, by calling to mind my by past experience and refreshings, that I have injoyed from that Fountaine of fulnesse, that hath for many yeares together been my sensible injoyed portion: and amongst all the Writings and Declarations of Gods Love and Kindnesse manifested to me in my sorrowes, this following Epistle hath most affected and taken nonspirit with greatest &illegible; which hath made me many times full of longing desires to have it published, for the incouraging of the Saints to incounter with difficulties in the cause and quarrell of their Lord and Master, and not to be afraid of bonds nor imprisonments.

And having lately been extraordinarily pursued with my quondam friend William Prinn, as if nothing but my life and blood would satisfie his turne, I shall not now particularly recite, what hath passed already betwixt us, but refer you to what I have already written, especially my printed reasons, delivered in against him to the Committee of &illegible; in May &illegible; I confesse I take small &illegible; with &illegible; with such a man as William Prinn is, who takes so much elbow roome to tell untruths, without consideration what he saith, as if he had been bread thereunto, and as if there were no God in Heaven to judge righteously or no man left upon earth that had so much honestie in him, as to take notice what he saith, were it not that I were extraordinarily forced by the violence of him, and his partakers, miny of which have but little knowledge, & as little Judgement to judge of things between us; but only because William Prinn saith it, I shall therefore in the first place begin with his booke called, A fresh discovery of prodigient new, wandring blazing Stars, and Fire-brands: And to let passe those bundel of Falshoods contained in the severall Pages of that booke, the bare naming and &illegible; of which, are able to fill a &illegible; &illegible; I shall at present only insist upon a few lines in the 17. Page, and by what you find there, you may judge of all the rest. His words are as followeth.

And not contented herewith, they lately conspired together to exhibit a Petition to the Parliament for present disolving the Assemblle and sending them hence to Countrey Cures (to prevent the setling of any Church Government, to which and they met at the &illegible; &illegible; where &illegible; Coll. Iohn Lilburun (&illegible; Instrument for such a seditions design) &illegible; in the &illegible; and Mr. Hugh Peters suggested the advice which was accordingly inserted in is the Petition, but the Common Counsell man swelling out the designe, when the Petition &illegible; to there hands &illegible; discreetly left out that request as sedition and unjust.

For answer unto which, I desire to &illegible; you that immediately after the losse of &illegible; there were divert persons of severall quallities, Citizens of London, and divert of them of very &illegible; &illegible; met at the &illegible; &illegible; in the Old Jury to confer together, and to consider of something for the good of the City and Kingdome, after so great a &illegible; &illegible; was generally judged to her and after a long debait of many things, the whole company then present, being about 2. or 300. chaseout about 16. persons then present by way of a Committee, to draw up a Petition against the next morning, to be presented to their &illegible; and consideration: and amongst the rest my selfe was fine, but I doe professe for above the third &illegible; of those that were called the committee, I had never converted with them before in thy life, nor &illegible; know their faces, and therefore no wise &illegible; &illegible; judge us such fooles being strangers each to other, as to enter into any conspiracie.

Secondly, That I face in the Chaire, which is most false also, for it was one Mr. Lee a meere stranger to me, and one who to my knowledge I never changed one word with before, in all my life.

Thirdly, he saith &illegible; &illegible; was, for present dissolving the Assembly and sending them home to Countrey cures, which it most untrue; for all that was debaited was, but the proroging of them for a Month or six Weekes, that so they might goe downe into the Association, and use their interest amongst the People for their universall rising to prevent the Kings breaking in amongst them; which was then generally, much feared, and was then looked upon as a designe the which if the King could accomplish) tending to the speedy mine of the Parliament, and the cause they have all this while been a managings and I hope no true lover of the Parliament, will be offended at our good intentions and desires at that time, of so publique distractions for theirs and the Kingdomes preservation; which was the uttermost that to my knowledge was in any mans eye and intention there.

In the fourth place, he saith our conspiracy was to prevent the setling of Church Government, which is a fourth untruth, for that was not any part of our end or meeting, nor to my rememberance any of our debaite.

Fiftly, he saith that Mr. Hugh Peter, suggested the advice, which is a trible untruth for first, he was not there, and to any remembrance, I never saw him there in my life, and therefore, 2. He could not suggest the advice, neither 3. was there at all to my remembrance any such advice, as he speakes of amongst us; for the chiefe advice that was about this businesse, was not from Mr. Peters, but from Major Sallaway of London, one that is reputed a wise and moderate man, and one that will looke well before him, before he leaps, and his advice was given upon this question, being stated amongst us, seeing the King had taken Leicester, which we all looked upon as a great losse, not only to the Kingdome, but especially to the City of London in stopping provisions that used to come out of many Countreys; and seeing, Sir Thomas Fairfax with his Army was at Oxford, and the King in a faire way to take Cambridge, and other places in the Association, the preventing of which wee looked upon to be, of extraordinary consequence to both the Kingdome and City, and therefore &illegible; the question, what in our apprehensions was the best way, to prevent him, and it was agreed upon generally, that speedily to raise the whole Association, was the only present way to prevent him.

And then the second question was, which was the most effectuall way to raise them, and amongst other things, it was conceived by all, that if the Ministers in the Assembly would for a little time rejurne, and the most of them imploy their parts and interests amongst the people, it would be one speciall meanes to effect the thing desireds and Maier &illegible; did then tell us, he thought such a desire would be well pleasing to the Ministers themselves; for saith he, this evening I came from Westminster with a Minister of the Assemblie, (and a notable Presbiterian,) and we had discourse of this very thing, and he to me made it his desire, that if I did come to any meeting where there was any Intention of a publique Petition, that I would use my endeavours, to get the desire of having the Assemblie rejurned for a, little time, that so they might use their utmost endeavours as well as Commanders and Souldiers, to helpe to save the publique, and upon this advice and information, we were swayed to thinke of this.

His eighth or ninth untruth is, that he affirmes we did accordingly insert into our petition, our desire of dissolving the Assembly, which is most false; for it was only that for a short time it might be proroged, as by the Originall of the Petition, yet remaining will be made to appeare.

But in the tenth place saith he, the Common Counsell men smelling out the designe, when the Petition came to their hands, most discreetly left out that request as seditious and unjust; to which I answer, first, the Common Counsell men could smell out no designe about that, for there was no such thing in it as he speakes off and secondly, that which we had put in it about proroging the Assemblie, we our selvs upon debait the next morning blotted out, before ever the Petition was &illegible; and then thirdly, neither what he saith nor what we had once put into the Petition came in it to their hands and therefore fourthly, to give him 13. or 14. untruths to the dozzen in less then 3. &illegible; being he is so constant a trader in them & ingroser of them, they neither did nor could most discreetly leave out that request as seditious and unjust, that never came to their hands, is the Petition in print presented to them will declare and prove.

But if William Prinn say, I have spoken or written in these particular that which is false and so abuse him, I challenge him at the same, or any other place in London, to give me a publique meeting, and let him bring as many of his friends along with him as he pleaseth, and I will to his face by good and lawfull testimony, not only by Independants, but by honest Presbyterians, and good and &illegible; Common wealths men, disprove every particular before mentioned, that he affirmes (not by heare say but positively, as if he had seene and known them all out of his owne knowledge) to be reall truths, and also will make it appeare to his &illegible; in above 40. more Particulars in that booke and a letter, that he is a &illegible; and wilfull falsifyer of the truth, and such an Incendiary against just, honest, and peaceable Common Wealths men, that neither the whole Society of Lawyers, nor the whole Kingdome hath his fellow; and which, if his troublesome spirit continue still in his &illegible; provocations, I shall publiquely in print doe and call it, (in opposition to his late booke called the Lyer confounded) the lying Lawyer confounded.

Surely such uniust, unchristian, and inhumane practises as these are, &illegible; &illegible; stand admiting, that William Prinn who formerly professed to have a conscience, and not only to walks by principles of morallytie, which by nature are engrared in the hearts of the very Heathen, I meane especially to doe as they would be done unto, but likewise by divine principles (which in some measure were demonstrated by his sufferings) that he should be so far degenerated, as to walke and act below the principles of a common Christian, than in my apprehension he commeth short of a civill moralized Heathen, his late bookes being so fraughted with bloody and malitious &illegible; and untruths, as though his greatest designe were to destroy all the generation of the &illegible; that doe but differ from him. I wish he would consider what the Apostle saith Heb. 6. 4. 5. 6. For it is impossible for those that were once enlightned, & have tasted of the heavenly gift, and &illegible; &illegible; partakers of the Holy Ghost, and have tasted of the goodnesse of God and the powers of the world to come, if they shall &illegible; away, to renew them againe unto repentance, seeing they crucifie to themselves the Sonne of God &illegible; and &illegible; him to an open &illegible;

In the second place, I come to examine a few things in his late refutation against me, called the Lyer &illegible; though? confesse for &illegible; owne peace and quietnesse sake, I had intended to have given it no other answer, then what is done in the house of Commons order, that set me at libertie, had not divers of his Abetters so extraordinaryly provoked me by their lies and false reports, as though I had come out of prison by some base wayes or meanes, “and that only upon baile. But that upon I know not what grounds and reasons of Clemency, and Mercy from some persons of great quallitie, in whose power it was and is shall to destroy me: for the head of the plot he mentions in his 27. page. I shall therefore for the present vindication of my reputation, without the desire of picking any new quarrells with any man, mentioned in that his worthlesse and incendiary booke, or without the staining of the reputation of any member of the house of Commons, much lesse of the house it selfe, with whom I hope to injoy a better understanding and a fairer respect, then of late I have done by William Prinns malitious meanes.

I shall begine with what he saith in his second page, That I was a poore obscure Apprentice in London, as though to be Apprentice in London were such a disgracefull thing, as though he that is, or hath been so, must not stand in competition with worthlesse William Prinn: but I was a poore obscure one, and all the reputation I ever gained in the world, was from him, whose servant I was generally reputed to be, and was contented to owne that title for my own emploiment: to which I answer, an Apprentice in London I was indeed, and served divers yeares a master that dealt in Cloth by whole saile, and divers other rich Commodities which was a better trade then ever William Prinn was brought up to in his life and my masters word or bond would be taken for more money upon the Royall Exchange of London, then I am confident William Prinn will ever be worth justly gotten by him, with whom I lived in good repute, & did him more true and faithfull service, then ever William Prinn did the Common Wealth for all his hoasting.

And for my own particular thought, I confesse comparisons are not pleasant, yet being so exceedingly urged unto it, I say, I am the offspring (even in the eyes of the world) of as good, (if not a better & honester) parentage, then W. P. and brought up while I was a youth, as like the sonne of a Gentleman as William Prinn, to bee whose servant in that way he meanes I never was, not never to any man breathing owned, not never counted it an honour to have been so reputed: but alwayes, and to every man living (to my remembrance) that so tooke me I disclamed, yea and with indignation to many, and doe now before God and the World professe, I should have thought the worse of my selfe while I had breathed, if ever I had had any dependance in the least, upon so ungodly and worthlesse a man: though this I say, I accounted is my duty to doe William Prinn and Doctor &illegible; all the free officer of love and service that law in my power, during all the time that I conceived they stood either for God, Goodnesse, or Iustice: And my actions and carriages then towards them were suitable to this principle. Though this &illegible; confesse, God never gave me over to so reprobate a mind, to grow great and get ritches by so unjust deceitfull wayes and meanes, as William Prinn hath done; whose unjust practises (as he is a Lawyer) one of his owne party and an Essex Minister, proclaimed openly upon the Exchange the other day, who said he was a &illegible; and he would prove him so; for said he, he hath taken sees one both sides, and therefore deserves to be turned over the Barr, and never to plead any more, and whose &illegible; will be speedily caractarized in one at Colours by the honest Gentlemen of Gersey, whom he so much wrongeth and &illegible; in the latter end of his booke, and which is already pritie well aid open by Mr. White Minister of &illegible;

And for that of Doctor Bastwicks mentioned by him, in the foresaid second page It is a &illegible; falshood, and for the further answer to which, I refer him to thy answer to Doctor Bastwicks late untrue defence, which by way of Epistle I sent to the Mayor and Corporation of Rye, at my late being in Newgate in September last, where the Doctor with many lyes and vapours, laboured to be chosen &illegible; Burges, and thought his abusing of me there would have done &illegible; businesse for him, but by that Epistle (a Coppy of which William &illegible; I thinke may have for sending for) Helieve I did not a little serve him the back way, For I there (among other things) &illegible; him a bold affirmer of untruths, not in a few things, but in many; thirdly in his 11 page, which I am confident hath well nigh 10 in it, only two or three words in answer to that, which he affirmes in the foresaid page, that if it had not been for him and Bastwick, I had lyin buried in obscurity amongst the rubbish of the &illegible; vulgar, scarce known to any but my selfe; which is very strange, for befored ever saw Prinns fact, I was (as I suppose) a greater traveller, then ever he was in his life: for being borne as &illegible; my Father and mother being both &illegible; and her Father see the greatest part of twice 20. yeares before; that I &illegible; young downe to New Castle by sea, and from thence to my fathers owne hereditory habitation; where beside other education, the best which the Country afforded, I was brought up well neigh 10. yeares together, in the best Schooles in the North, namely, &illegible; Auckland, and New Castle, in both which places, I was not one of the &illegible; Schools Boyes there, and besides my knowledge in the Latins tongue, I was a little entered into the Greeke also. And at New Castle, I did not only know, but also was knowne of the principall men there: and after that came to London, and served divers yeares with a &illegible; that betrusted me, to receive many thousand Pounds, for him of the the greatest Merchants in London that deale for Turkey &illegible; the East countreyes and many times severall dayes in the Worke, &illegible; the Exchange to dispatch my masters businesse, that be betrusted me to doe for him, so that I thinke I was better and farther knowne, before I &illegible; of William &illegible; then himselfe.

I come now to his 4. page, where he cited the Order madvin the house of Commons, January 17. 1644. against me, which authorized the Committee of Examinations to &illegible; me before them, and to examine me about my writing a letter to him at that time, and in the 5. page be saith and affirmes, the Committee May 16. made a Warrant only to &illegible; our before them, though be very, well knowes, that I was attached and a prisoner, and did &illegible; of it to the Committer, (to my rememberance) before his face, that &illegible; very hard in my thoughts that I who had adventured my life, and alwayes declared faithfullnesse to the Parliament, should be clapt by the &illegible; before I was heard: at which one of the Committee then present spain and said, he could not thinke I was a Prisooner: for (saith be) to the Chatre man, it is &illegible; be should be a Prisoner, for our order from the House was only &illegible; him upon which Justice &illegible; acknowledged that it was &illegible; and therefore by Order of the Committee gave me my libertie; and both her and the Committee used me then with &illegible; and respect to William &illegible; great &illegible; you; &illegible; I doe any this for a truth, that after J had been once or twice commanded to withdraw, and being called in at the conclusion of that dayes works, Justice Whitakar spoke unto me to this effect, &illegible; Collonell Lilburn, I am commanded by the Committee here present, to &illegible; you thankes for your Valour, Faithfullnesse, and good service done for the Kingdome, and doe desire you to continue still the same good affection, and doe advise you as a friend, to be moderate and wise, that so you may not loose that good repute that betherto you have deserved from us, and also that you will take heed, that you put nothing in your answer which may doe you hurt, and besure you faile not to being it in according to your promise, and take heed in the interim, you publish nothing, you are a free man, and may goe home and behave your selfe like an hourst man as hetherto you have done, so we paned in my apprehension very good friends, for all William &illegible; mallice.

And that he affirmes a falshood in saying that I was but barely summoned, I desire you to read the Warrant by which I was attached, and then judge, a true copy of which, as I had it from Mr. Rich, so only the Messenger that apprehended me, under his owne hand, thus followeth.

14. May 1645.

At the Committee of the House of Commons for Examinations.

IT is this day ordered, that the Serjent at Armes attending the Hous of &illegible; or his deputy doe forthwith apprehend and bring into safe custodie, before this Committee at the inner Court of Wards at Westminster, the bodies of Lieutenant Collonell John Lilburn, Henry Robbinson and Jane Coe, to answer to such matters at shall be objected against them, and all Constables and other his Majesties Officers and Subjects, are here by required to be aiding and assisting in execution thereof if need require.

To John Hunt Esquire, Serjent at Armes, or his deputy.

Lawrance Whitaker.

Upon the Tuesday next after this, I remember I delivered my reasons in (wherefore I writ my letter to him) in a whole sheet of paper under my hand, at the receipt of which, the committee told me that they were not at leasure to read them, but if William Prinn never called for a further prosecution, I should never heare more from them about that businesse, and so discharged me.

And afterwards in June I caused it to be printed, he and Bastwick still persisting in their mallice against the people of God, in which besaith, there is many false relations, which tend to make the Parliament &illegible; I say there is not one false relation, but all of them I am able by good testimony to prove; and I desire every unprejudiced man that &illegible; it to be judge betwixt him and me, whether it be full of invictions against the Parliament or no.

In his 6, page, he is very much troubled at my answer to 9. Arguments made by &illegible; which I writ in the Fleet above 6. yeares agoe, in the hight of the Bishops tyrannie, yet because it was mine, though done against the Bishops and their Priests, so long agoe (although the Parliament hath condemned them as Antichristian) I must be troubled for it, by William Prinn so great is his mallice against me, although it was princed before he first troubled me, which was many months before the 18. of June, at which time he was the Instrument (as I conceive &illegible; he let full his former businesse, being so justly paid with my &illegible; that he &illegible; meddle no more with them) to get me the second time upon a new businesse attacht a prisoner againe, though he falsly &illegible; the contrary, the copy of the Warrant by which I was apprehended by the same Messenger here after followeth and had it under his owne hand.

12. of June 1644.

At the Committee of the house of Commons for Examinations.

IT is this day ordered, that the Serjant at Armes attending the house of Commons, or his deputy doe forthwith apprehend and bring in safe onstody before this Committee sitting in the inner Court of Wards, at Westminster, the body of Leiutenant Collonell Iohn Lilburne to answer to such matters as shall be objected against him, and all Constables and all other His Majesties Officers and Subjects, are hereby required to be aiding and assisting thereof if need require.

To Iohn &illegible; Esquire, Serjant at Armes or his deputy.

Lawrance Whitakar.

And when I came the next day before the Committee, I found not so faire play as before, for they would neither heare me nor tell me the cause, nor ground to that day, wherefore they imprisoned me.

In the same page, he speakes of a third time, that I was ordered to besent for in custody, but I have forgot when it was, being either a Sleep or &illegible; Trance, when I was so sent for, at which time be saith I lay in the Messengers house, which I never did in my life, but mistakes and untruths are so common with William Prinn, that he hath forgot making conscience of letting his tongue run at randome.

Then he comes to the 19. of Iuly and recites some words that I should speake against the Speaker, though from that day to this present house, I could never see or heare of any man breathing, that would face to face, lay any such thing to my charge, and truly if I should have spoken any such things by way of report, it was to me very strange that Mr. Prity, Mr. Rowson, and Mr. Warly, who on that day in the so it &illegible; gave information to a Committee of Parliament, of some such thing at be there speakes of, and who being informers, if any man ought to be laid hold of, about it, they did, and not J, that neither informed nor appeared in it, and hard measure it is to me, that they the principalls, should goe scot free, and I only brought upon the flage, by the pure and &illegible; &illegible; of my adversaries, and also clapt by the beeles not before but many houses after they had given in their information.

Besides, if I had said any such thing as he reports, I ought (being a free man) to have had a legall proceeding, and not before J was heard, to be clapt by the &illegible; no man that J can meet with, knowes wherefore.

Again, to me it appeares more agreeable to law, that if so high an accusation as (hee speakes off) be laid against any man whosoever, by a man knowne to bee a friend to the publique, that rather the accused, then the accuser should be imprisonned, though I conceive it is but just, that he that accuseth should put in securitie to prosecute his charge, and in case he faile to make it good, to beforth comming to answer the Law in point of reparation to the party accused; and for my part I professe, J am to learne (to conceive,) that any man in England: that professes himselfe to be a man, (and not a god) hath justly by any pretended prerogative or priveledge whatsoever in such a case, exemption from the Iash and rigor of the Law more them my selfe, or the meanest free man in England, and J doe seriously protest, my judgement is, that what single person soever he bee, whether King, Lord, or Member of the House of Commons that creads under foot the Law made by common consent, and Acts &illegible; if he were subiect to none, is an absolute Tyrant, and no Ordinance of God, and so not by any to be obeyed.

And you in the 11. page of your Appendex, called The soveraine &illegible; of Parliamente and Kingdomes. say, that command is in the Magistrates, Authoritie in the Senate, power in the people, yea, and Maiestie in the people in generall: And after ward speaking of Doctor Ferne and his unlimitted power that he invests Emperors and Monarchs with, which is, that it is unlawfull either for a Senate, or the people forcibly to resist, much lesse to depose, take up Armes against or call them to a strict, just account, for their tyrannie, oppression, or misgovernment; Which Tenents you say are directly contrary to Pauls doctrine. Rom. 13. 1. 10. 6. Let every soule be subiect to the highest powers, &c. Which highest powers you there say, are the Senate and people, to whom the Roman Emperors themselves were to be obedient in all iust requests and commands, under paine of damnation, and subiect to the Senates sword of iustice in case of disobedience and misgovernment, and therefore you againe there say, that Kings (even by Penis Doctrine Rom. 13.) &illegible; to be subiect to the higher power and jurisdiction of their Parliaments, the Lawes and Statutes of their Realmes, and to be accountable to them.

But if Kings the greater, must be subiect to the Law, and accountable to the people, then a single Parliament man the lesser needs must be the same, yea, and &illegible; I the whose House of Commons themselves, being according to the constitution of this Kingdome but a part, and not the whole Parliament, being but one of the 3. estates, must and ought to be subiect to the knowne law, and cannot in iustice punish a freeman contrary thereunto, what soever tyrannicall principalls accompany of corrupt men maintaine to the contrary, which is the only way to make the House of Commons odious and contemptable to the people, by puting them upon such things as may be a burthen and a mischiefe to them, and thereby secretly and in an undiscerned way doe the long desired worke of the Royalists at Oxford, by driving the people into such a miserable condition, that they shall rather long for their old bondage and staverit, which was upon them under the King before this Parliament, then any longer waite with patience for their iust and long expected libertie and freedome, promised by and expected from the Parliament.

And for my part I confesse, I am yet in the darke, and at a seruple, whether the House of Commons maintaining 3 estates, that is to say, the House of Commont for the grand in quest of the Kingdome, the House of Peers for the Judges, and the King for the Executioner, can iustlie and legally imprison any Commoner of England by their owne bare authority, without the warrant of the Lords (accounted by themselves) to be the Iudges, and I doe on the contrary side according to the foregoing principall, doe question whether the Lords singly can send for a Commoner of England, and without the &illegible; of the House of Commons at their pleasures, commit him to prison? or whether or no, it be not the just and legall priveledge of the free men of England, that if any estate of Parliament take &illegible; of a crime committed by them, that they ought to be summoned by the House of Commons and so transmitted up to the Lords, and from them be committed if they see cause.

But you will say, they act now by two Estates, that is to say, the Grand inquest, and Iudges; and both of them joyned together, do execute? I answer, to me the case is all one yet, so long as the House of Peers by the House of Commons we owned and reputed for the Judges, and nothing declared to the Commons of England for them groundedly to take notice of the contrary.

Now the laying all the premises together, and William Prins owne confession as a Lawyer, in the 21. page of his booke, that if the Parliament or Committe have committed me to New gate without the cause of My commitment, expressed in the Warrant, I might have had some eculler of complaint of injustice, and breach of MAGNA CHARTA, and the Petition of Right.

To which I answer I desire to be resolved from any conscionable and understanding Lawyer in England, whether in the House of Commons, or out of the House of Commons, whether I have not iust cause to complaine of iniustice, and breach of MAGNA CHARTA, and the Petition of Right, to be imprisoned by Iustice Whitaker, by his owne &illegible; authority contrary to an expresse order of the House, and that before ever I was heard or knew what was laid unto my charge, &illegible; by his &illegible; warrant dated the 14. May 1645 doth appears.

My second quarie is this, whether or no I being a free man of England, and &illegible; tainted with Malignancie against the just freedome of the Nation, I have not iust cause to complain of iniustice, and breach of Magna Charta, and the Petition of Right; for Iustice Whitaker the second time, to imprison me without any legall &illegible; and that before ever I was heard or knew my Accuser or &illegible; &illegible; by his forecited warrant of the 18. of June 1645. doth appeare, yea, and from that day to that present houre, could never come to any hearing whatsoever, nor ever know what &illegible; laid to my charge, nor who was my accuser.

3ly. Whether or no, I have not grounded cause to complaine of iniustice, breach of MAGNA CHARTA, and the Petition of Right, against all those of the house of Commons that principally acted and voted me to prison without expressing any cause of my imprisonment in the Vote or Warrant, by vertue of which I was committed, which Vote or Warrant thus followeth as William Prins in his 6. and 7. pages hath it.

Die Sabbatl. 19, Julii. 1645.

REsolved upon the question, by the Commons assembled in Parliament, that Lieutenant Collonell Lilburn, be forth with taken into custody, by the Serjent at Armes attending this House, and so kept tell the House take further order.

To the Serjent at Armes, attending. on this house, or to his Deputy, &c.

Hen, Elsing Cler. Parl. D. Cott.

And after they had committed me to the Seriants custody, and he to one of his Deputies, and there kept me in durance as a Prisoner, and at the same time refused to accept of Baile for me, though it were desired by one of my friends by way of &illegible; in the House of Commons, and have never legally from that day to this present houre, &illegible; me know the cause of my commitment or my accuser.

Fourthly, Whether or no J have not true cause to complaine of iniustice, breach of MAGNA CHARTA, and the Petition of Right against Mr. Corbet, and the rest of the Committee of Examinations, who commanded me before them upon the &illegible; of Iuly 1645. and refused to declare unto me the cause wherefore they had imprisonned me, and pressed me to answer to interrogatories concerning my selfe, and for refusing, commanded me backe to prison, although they very well knew, that I was sentenced in the Star-Chamber, upon the very same grounds, and also knew that the House of Commons May 4. 1641. had voted, &illegible; that sentence, and all the proceedings against me in Star-Chamber, was not only illegall, and against the Libertie of the Subiect, but also Bloody, Wicked, Cruill, Barberous, and Tyrannicall, the proceedings that were at that time, for the cleerer satisfaction of the world I shall (as neere as I can) here set downe.

Mr. Corbet being in the Chaire, said unto me, Leiutenant Collonell Lilburn I am commanded by the House to demand this question of you? whether did not you upon the 19. of this present Iuly, (being Saterday) at Westminster say, that there were high and great things discovered concerning divers Members of the House of Commons, which reached as high as to the Speaker, who from his owne hands, had sent Three &illegible; Thousand pound to the King to Oxford? unto which I &illegible; Sir J am a Prisonner committed by the House of Commons, but I know not wherefore. I shall therefore, humbly desire to know the cause of my commitment, and then I shall answer you, unto which he said very angerly. Sir The house is not &illegible; to declare unto you, the cause wherefore they commit you unto which I said, then &illegible; have been a long time mistaken. Sir, saith Mr. Corbet, We expect &illegible; you a possitive answer to the questiõ & cõmand you to give it. Wel Sir, then to it I answer thus. I am a free man, yea, a free borne &illegible; of England, and I have been in the &illegible; with my Sword in my hand, to adventure my life and my blood (against Tyrants) for the preservation of my just freedome, and I doe not know that ever J did an Act in all my life, that disfranchised me of my fredome, and by vertue of my being a free man (I conceive) I have as true a wright to all the priveledges that do belong to a free man as the greatest man in England whatsoever he be, whether Lord or &illegible; and the ground and foundation of my freedome I build upon the grand Charter of England, which is published and expressed in the 9. of &illegible; 3. chap. 29. which I humblie crave leave to read to this honorable Committee, and having obtained leave I read as followeth.

No free man shall be taken or imprisonned, or be diseased of his free hold, or liberties, or free customs, or be out lawed, or excited, or any wise distroyed, nor we will not passe upon him, nor condemne him, but by lawfull Iudgement of his Peers, or by the law of the Land, we will sell to no man, we will not deny, or &illegible; to any man either Iustice or Right.

Sir the priveledges contained herein, are my Birthright and inheritance, which priveledges have been ratified and confirmed to the free people of England by that present Parliament, and many Declarations put out against the King for violating of them.

Yet notwithstanding, since the first of May last, I have by authority from the House of Commons, beene three times imprisonned, before ever I knew my accuser, or mine accusation, or ever suffered to speake one word in mine owne defence, which I humbly conceive, it contrary to MAGNA CHARTA, and these priveledges that I ought to enjoy, by vertue of my having an interest therein, and now J am imprisonned by Vote of the whole House. J know not wherefore, therefore till it be made knowne unto me wherefore I am imprisonned, I shall not answer to any of your interrogatories at all, unto which Master Corbet, as also Mr. Whitaker replyed.

Mr. Lilburn be advised in your expressions, and take heed what &illegible; in this &illegible; Gentlemen, I humblie thanke you for your causion given, me but for your advice I desire you to keepe it to your selves, for (I conceive I know well enough what I say, and truly that rough and hard dealing that I find from the Parliament, and their Officers, &illegible; me to expresse my selfe as I doe, for I &illegible; give me leave to tell you, that I was never so affronted and abused in my life amongst my friends as I was by your Serjant at Armes, when he apprehended me, who &illegible; the going into the Hall, tooke me by my sword bolt, and dragged and &illegible; and shooke me, giving me such language, as if I had been the &illegible; &illegible; &illegible; &illegible; in the world, and when I was out of the Hall, when I &illegible; (understanding the nature of a Prisooner) of &illegible; my selfe, and &illegible; giving my sword I am the hands of my friend, to carry home to my wife, as my owne proper &illegible; he would needs by force and violence rob me of it, saying it was his and he would have it, so that I was forced to scuffle to preserve my selfe from being robbed of my owne proper goods, and all &illegible; he did unto me, having no Warrant at all about him, &illegible; meddle with me, nor I not offring the least affront in the world to him.

Time was that he used your enemies (to my knowledge) ten times &illegible; for where Captaine Hide drew his sword in Westminster Hall of purpose to make &illegible; &illegible; there, whom I &illegible; it brought both him & his sword up to the House of Commons door, & by command of divers Members, dilivered them both in the Serjant, yet immediately after during the time of a conference, he &illegible; both him and (for ought I then knew) his sword also got to his comings in Westminster Hall, who being no sooner there amongst them, &illegible; &illegible; &illegible; &illegible; of them to draw, and tell to slashing and cutting, having driven the asked people up the very Parliament staires, with a resolution (for any thing I could perceive) to cut all your throats in the House, for the preventing of which, Sir Richard Wiseman, my selfe and divers other Citizens with our swords in our hands freely adventured our lives.

Here upon Mr. Lile stept up, very soberly, and expressed himselfe to this effect. Mr Corbet I desire to know whether or no Mr. Lilburn intends by way of Petition to declare these expressions of his to the House? or whether he intends hereby some other way, as to cast an aspertion of injustice upon the whole House of Commons, and to shew his refractorinesse to answer to their interrogatories?

Where unto I replyed Sir, for petitioning the House, I have no intention to doe it about this businesse, having petitioned long enough to no purpose already in another case, and as for your other expressions, I humbly conceive my words are plaine and he that reads &illegible; may easily, understand them, and if you can expresse them plainer then they are already written, and reach my sense and meaning, I shall willingly subscribe my hand unto them, or if you please to give me pen, inke, and paper, I shall write my owne words my selfe and my name at the bottome of them, where upon divers of them wished me to take heed what I did, I told them, Gentlemen I speake not the words of &illegible; or inconsideratenesse, but of deliberation, having something pondred upon them before I came to you, neither doe I speake the words of lightnesse, as though I would say a thing this houre, and &illegible; from it the next, but I speake that which I will stand to, and live and dye by, humbly submitting my body to your pleasure, so being commanded to withdraw, I said Gentlemen, I humbly crave leave to make one desire more unto you, which is, that you will be pleased to give me a Copy of your question and mine owne answer, but it was denied and so I with drew.

Fiftly, being the House of Commons as William Prinn in the 7. page of his booke saith, made an order in these words.

Die Sabbati 9. August 1645.

ORdered by the Commons assembled in Parliament, that the consideration for finding out the Author of this booke be referred to the Committe of Examinations, and that in case it appeare to be Lilburnes booke, they shall have power to commit him to what prison they please.

Upon comming before whom, I was pressed to answer to interrogatories &illegible; my selfe, for refusing to answer to which, and although I owned not that printed letter that they called mine, and although I see none that came in against me to prove it mine, yet contrary to the order of the House of Commons (as I conceive) I was committed to Newgate by Iustice Whitaker and the rest of that Committee, now the question is whether or no, I have not just caus to cõplain of injustice, breach of MAGNA CHARTA, and the Petition of Right? but for fuller setisfaction, I shall give as neere an account as I can, what passed betwixt the Committee and my selfe, Iustice Whitaker being that day in the chaire, who at my comming in shewed me a printed booke, with Iohn Lilburnes name in the scene and reare of it saying. Mr Lilburne I am commanded by the House of Commons to demand of you this question, whether you know this Pamphlet or no, unto which I seid, Sir I shall desire to speak a few words unto you, well saith he answer to the question, Sir said I, hope you will permit me to speake mine own words, if you will not I shall be silent, take your libertie saith he, well Sir said I that, J have now been a prisoner three weeke, by Vote of the whole House of Commons, without any crime declared or cause expressed. And the last time that I was before this honorable Committee which was upon the 24 of July last, I made it my earnest desire unto you, that you would be pleased to declare unto me, the ground and cause wherefore I am imprisonned, which you then refused, and denyed me, I am now before you the second time, and doe still continue the same humble suite unto you, which is, that you will be pleased to tell me wherefore J am imprisonned, being resolved, that unlesse you will declare unto me, the cause wherefore I am imprisonned, I will not answer to any question or interogatory that you shall aske me.

Whereupon he wrote, and when he had done, he read it to me, upon which I told him, that he had not written halfe my words, and unlesse that he would write them all and that in the same manner that I did speake them, I would not owne one word of that which he had written, well then, Sir (saith he) dictate your owne words, and Ile write them, which I did, and then he read them, and said doth this reach your mind? I told him yes, and if he pleased to give me a copy of them, I would set my hand to that which he had written, but without I had a copy I would not.

Unto which he replyed that the Committee would take that into consideration, but Sir saith he, I hope you will owne your own words. Well Sir said I, it as very well knowne, I doe not use to &illegible; from what I say, so I was commanded to withdraw, and being without in the outward court of wards a pretty while, I was called in againe, and Mr. Whittaker asked me if I were an Officer in the Army, I told him no I had don with that, having had enough of that businesse already. Well then Mr. Lilburn (saith he,) I have &illegible; the Committee here with your answer you made even now, and they looke upon it as the greatest affront and contempt that can be given to the Authority of the house of Commons, that when the house it selfe shall order, that you shall be examined upon a businesse, & you had contemptuously say, you will answer to an interrogatories, therefore they have thought it good to remove you from your present lodging to Newgate.

Well Sir said I, I humbly thanke you, I am very well content, being as ready to goe as you are to command me, and so I withdrew, and being come out, I told my Landlord Knight (in whose custody I was) what they had done, and therefore desired him to goe in and looke for his discharge, so by and by out comes the Serjant at Armes himselfe and tells me, he had a Warrant that I must goe to Newgate, well Sir said I, I desire to see it, Sir said he, it is not directed to you, but to the Keeper of Newgate, will Sir said I, I know the Committee hath more wisedome in &illegible; to direct a Warrant to me to carry my selfe a Prisoner to Newgate, but Sir I am an Englishman, and Englishmen have some priveledges to stand for if they were not &illegible; and I am committed to your custody &illegible; of the House of Commons, and you have committed me to your man Knight, and before I stir out of his custody to goe to Newgate, I will see a warrant.

For I doe assure you Sir, seeing I am so oppressedly deale withall as I am, I will not abate you, nor the greatest man in England the breadth of one halte, of what I know to be my previledge, well Sir saith her, I have a warrant, I will not believe you unlesse you shew it me, and I doe protect unto you unlesse I see and reade it, I I will not step one foot, except you carrie me by force, but shew it me and I will obey you, Sir saith he, I hope you will not be so obstinate, Sir said I few words betwixt you and me are best, for I can be at surly as you can be for your heart, so at last he shewed it me, whereof a true copy thus followeth.

9. August. 1645.

AT the Committee of the House of Commons, for Examination It is this day ordered that upon sight hereof you receive into your custody the body of Lieu. Coll. &illegible; Lilburn, for refusing to answer to such questions as were propounded unto him by this Committee, by order of the house of Commons, and for the reasons he gave for the same, and him safely to keepe in the prison of Newgate, not permitting him to goe out of the same, without further order of the House of Commons, or this Committee.

To the Keeper of Newgate or his deputy.

Lawrance Whittaker.

And having read his Warrant I said well, now Sir I will obey you, and goe immediatly.

And in the 8. page he recites two severall orders made in the House of Commons as followeth.

Die Lunt 11. August 1645.

ORdered upon the question by the Commons assembled in Parliament, that they doe aprove of what the Committee hath done concerning Lieutenant Collonell Lilburn.

Ordered upon the question, that Lieuten. Coll. Lilburn be tryed at the next Quarter Sessions, to be held for the City of London, concerning the contriving, making, devulging and speeading &illegible; notorious scandalls, set forth in his name in a printed Pamphlet, under the title of a letter to a friend, against the Parliament and severall Members of the Commons House, and the care hereof is especially resetted to Mr. Recorder.

And then at the conclusion of that page he affirmes sollemnly, that that which he hath related is the truth, and the whole truth, and nothing but the truth of his case, and of the Parliaments, and Committees proceedings against him, every tittle whereof will be justified, and made good by a cloud of witnesses, being persons of honour, quallity, piety, fidillitie, by the Parliaments and Committees Iournalls, Lilburnes owne pamphlet and himselfe (if he be not past all shame and grace) dares not gaine say it in any particular.

Unto which I answer, that if either Prinn had any grace or shame in him, hee would not dare to affirme so many palpable untruths, with one breath so confidently and truly (in my opprehension) the Kingdome is in a very ill condition, (in reference to their accounts) to have such a man to be &illegible; man in the grand Committee of Accounts, that takes so much delight, and is so habituated to let his &illegible; and pen run at random, in &illegible; knowne untruths so constantly as he doth, have &illegible; (as I have before truly declared) overred against me, 12. or 14. &illegible; in lesse then 8. lines in one of his bookes, and divers in this, betwixt the beginning and this present 8. pag. as particularly in saying I was only summoned, when the Warrants declares I was taken into custody, which I aver to be imprisonment; and in his 6 page, declaring a third time: that I was ordered to be sent for into custody by the said Committee, where upon the Messenger tooke and detained him in his house but for one nights space, where he used him very courteously, which is a tribell falsehood, for there was never such an attachment of me a third time as he speakes of, neither secondly, did he ever detaine or carrie me to his house, neither doe I know where it is; and therefore thirdly, he could not use me courteously at the place where I never came; 20. more instances not only of mistakes, but possitive affirmed falshoods, J could give, preceeding his solemne attestation, that he hath related the truth, the whole truth, and nothing but the truth of my case, page 8.

And as for all that bitter, false, malitious, and railing language that is contained in his three queries expressed in his 9. page, in which he endeavours to render me worse and more odious, then the &illegible; &illegible; villaine, may not, or enemie, the Parliament hath in England: I shall returne no other reply then this, that hee hath mistaken, and misladed my case, yea, and made false relations in many particulars of my case, and therefore I say, his three queries are built upon a false ground and so are absolutely 3. Nonsequeturs.

He affirmes in the 10. page, it is most certaine, I was not so much as once imprisonned by any authority from the house, therfore (saith he) let him shame the Divell and tell his deluded consederates, when, where, and by what authority he was three times imprisonned?

For your affirmation, I leave the world to Judge, whether it be false or no, especially seeing I have before named every particular day, recited the warrants, & the persons, by whome I was attaiched and imprisonned.

In the second place he saith, whereas he avert he was thrice. Imprisonned before ever he knew his accuser or accusation: he writes expresly in the very next words, page 1, 2, 3. &c. that I (namely William Prinn) was his accuser.

I answer, I do now averit, that I was thrice imprisonned before ever I knew my accuser or accusation; & I further say that for 2 of the times, I do not legally & groundedly know the cause of my imprisonment, nor who was my accuser, nor what was my accusation, neither was legally proceeded against, with any crime at all laid unto my charge, though by vertue of the last of the three commitments, I say about a quarter of a yeare, and doe not to this present houre know justly, the ground wherefore J was committed.

And whereas you are pleased to cite some words in the 1. 2, 3, pages of that Epistle which you call mine, truly I have read all those three pages, and can find no such thing as you speake of: It is true in the 12. and 13. pages, there is something hinted, that after I was imprisonned it did appeare once publiquely, that you were my accuser, and for the second, it was privately reported that you were the informer against me, but for the last time of those two, I never had any accusation face to face by any man in the world, though privately I was told you had informed then, as well before as against me.

In his 11. page, he saith that I complaine I was imprisonned before &illegible; I was suffered to speake one word for my selfe; this saith &illegible; is a more audatious &illegible; then all the rest, for answer to which, I say that I was both the times a prisonner before I came to the Committee, or ever spoke one word for my selfe, and as a prisonner was brought to them; and the third time I was committed by the house, and never did in all my life make any defence against a crime at their barre, nay this I further &illegible; that for the two last commitments. I was never informed of the cause of them, by those that committed &illegible; and do further professe, that I remain yet to this houre ignorant of the cause of them but what I have by uncertaine conjecture: therefore I hope J may without offence, retort his owne words backe upon himselfe, which he unjustly saith to me. Othe falsenesse and boldnesse of this matchlesse lyar, whose whole booke (in a manner) is nothing, but a bundle of deliberated untruths, and most malitious invectives, abuses, and standers.

Then in his 12. page, he to my understanding puts the case, that admit, I had been 3. times imprisonned before ever I knew my accuser, accusation, or ever was heard to speake one word for my selfe, yet saith he, there is no such cause for such an out cry as he makes against the Parliaments proceedings, as Arbitrary and unjust: But truly in my apprehension, to use some of his owne phrases, if ever hee had injoyed the honour of being mine, or any other (understanding) Lawyers or Iustices Clarke, he would not have so confidently averred that for law, which hath not (if I understand the Petition of Right) the least couller of law in it; read I pray what he saith in the 10. 11. pages of that booke, for the confutation of himselfe, where to me with one and the same breath, he contradicts what he averain the 12. page, as though he had forgotten, what but a little before he had said: but the old proverb is, Lyars had need of good memories, especially before good examinators: for in his 20 page he takes upon him, to declare the grounds and reasons that put the Parliament upon the thoughts of making the Petition of Right, which was the imprisonment of divers free mens persons, without shewing cause. the debait of which in the Commons House, Aprill 3. the 4, Car: &illegible; begot these 3. insuing Votes.

1. Resolved upon the question, that no free man ought to be detained, kept in prison, or otherwise restrained by the command of the King, or the Privie Counsell, or any other, unlesse some cause of the Commitment, Detainer, or Restraint be expressed, for which by law he ought to be committed, detained, or restrained.

2. That the Writ of &illegible; Corpus may be delayed, but ought to be granted to every man that is committed or detained in prison, or otherwise restrained, though it be by the command of the King, the Privie Counsell, or any other, he praying the same.

3. That if my free man be committed or detained in prison, or otherwise restrained by the command of the King, and privie Counsell or any other, no cause of such commitment, detainer, or restraint being expressed for which by law he ought to be committed, detained or restrained, and the same to be returned upon a &illegible; Corpus granted for the &illegible; party, then he ought to be delivered or bailed.

These Votes and the Lords concurrence with them (saith he) begat the petition of Right after many dayes debaite, which thus states the subjects grievance in this particular, first irrecites Magna Charta, c. 29. and 18. of Edward 3. that no free man should be taken or imprisonned, without being brought to answer by due processe of law; and then Proceeds thus.

Neverthelesse, against the tenor of the said Statutes, and other the good lawes and Seatures of your Realme to that end provided: divers of your Subjects have of late been imprisonned without any cause shewen, and when for their deliverance they were brought before your justices by your Majesties Rites of Habeas Corpus: there to undergoe and receive as the Court should order, and their Keepers commanded to certifie the causes of their detainer: no cause was certified but that they were detained by your Majesties speciall command, signified by the Lords of your Privie Counsell, and yet were returned backe to severall prisons, without being charged with any thing, to which they might make answer according to the Law where upon they pray in this petition, that no free man in any such manner &illegible; before mentioned, be imprisonned or detained: to which the King subscribed this answer, let right be done as is desired,

And &illegible; he demands a question, what is this to Lilburns case? to which? answer, it is expresly to my case, as I have before iustlie declared, and dare reason out the case with him in point of law (though I was never at any Universitie or Inner of Court to study it) before any understanding Common Wealths men in England, though he say and assume, that I was not committed to Prison by the Committee without any cause expressed, which is the most notorious untruth in the world.

For first by the order made the 14, May 1645 it cleerly appeares, that the Messenger was commanded to apprehend me, and bring me in safe custody, which he did accordingly, and if I understand what imprisonment it I being thus taken into safe custody, in the eye and meaning of the law is imprisonment: and I am sure J was saine to presse for my libertie to the Committee, before I could be delivered from my bonds.

Secondly, If you please to cast your eye upon the fore mentioned Warrant made the 18, June 1645, you shall cleerely see it commands the Messenger to apprehend me, and being me in safe custody, which he accordingly did, and though I confesse, he used me civilly like a man, yet I very well remember that be stood &illegible; upon his &illegible; that though he would not by force (as Serjent Hunt afterward did) endeavour to take away my sword from me, yet he intreated me to lay it aside, and to appeare before the Committee like a Prisonner without my Sword, and the reason he gave me was, least I be children (saith he) if you do it not, yea, and J further &illegible; it, that though I waited upon them according to their command, and the Messengers that attached me, I had much &illegible; to be discharged from the Messengers custody upon my owne ingagement, that as I was a Souldier and a Gentleman, I would appeare before them, when they should command me, which was at such an &illegible; upon the next Monday after noon (as I remember) but in regard that the House sate that afternoon about the Kings Letters taken at Nesby, by meanes of which the Committee sate not, I having extraordinary businesse with Lieutenant Generall Cromwell about my owne particular, who then I heard wat in Warwickshire, I used Coll. Walton, and Mr. Holland as instruments to get me leave for a few dayes of Mr. Corbet, upon my owne ingagement to goe downe to the Army, and by these meanes and my owne earnest intreary, I did get leave, and whether this was not a reall imprisonment or no, in the eye and intent of the law, I desire every man that hath any insight therein to be judge betwixt us, and yet I never was heard speake for my selfe before the Messenger tooke me into safe custody, neither was there in his warrant any cause of my restraint expressed.

Jn the third place. I desire you to read the Vote of the House of Commons before mentioned, and daited the 19, of July 1645, which expresly commands me to be taken into safe custody, and so kept tell the House take further order, and the Serjent at Armes himselfe in as violent and base a way laid hands of me, that might be, and apprehended me; J am confident as ever he did the grandest offender that ever the Parliament committed to his custody, and that night committed me a prisonner to his man Knight, who kept me as a prisonner in his owne house, till the 24. of Iuly after, at which time then by a new order (which seemes to me to bee something in the nature of a Habeas Corpus) commanded me to the bar of the Committee of Examinations, who refused to declare to me the cause of my imprisonment though I humblie and earnestly desired but remanded me without any legall tryall backe to the prison from whence J came, and there I remained a prisonner, till by a new order or Habeas Corpus I was upon the 9. of August commanded againe to the Committee of Examinations bar, which Committee then againe refused to declare unto me the cause of my imprisonment, though I earnestly desired it, and would have examined me upon interrogatories against my selfe, for refusing to answer to which, they remanded me againe to prison &illegible; only removed me from the Messengers house to New gate, where J remained in the nature of a close prisonner, till the 14 of October, only this I confesse there is in the Warrant which turned me over thither a cause expressed, wherefore I was sent thether, which was, because refused to answer to such questions as was propounded unto me by the Committee, which warrant and commitment (though made by a Committee of the House of Commons) is as illegall as all the rest, and (in my apprehension) against the very tenor and the true intent and meaning of the Petition of Right, and expresly against the words of the Statute of the &illegible; of Edward 3. 3. which saith, it is inacted that no man be put to answer, without presentment before Iustices, or &illegible; of Record, or by doe processe and writ originally, according to the old law of the land, which Statute is ratified and confirmed by this present Parliament in the act that abollisheth the Star-chamber.

I now returne backe to his 12. page, where he a ecuseth me of lying and falshood for saying that during my imprisonment at Oxford, I was cuinated in my estate, to the value of 6. or 7. hundred pounds, which I left behind me at London, which &illegible; can cleerly make appeare.

To which J answer, I doe affirme such a thing in two printed papers namely my printed petition to the House of Commons, and my printed reasons against himselfe, and that this affirmation is true and not alye. I prove and make appeare &illegible; my Brew-house with the utensills, and other necessaries belonging to it, cost me about 300. l. as good gold and silver as ever William Prinn was owner of, and when I first went our in the Parliaments &illegible; as a Captaine in my Lord Brotkes his Regiment, I let it and the use of the utensills, to one &illegible; a Beewer for 55. l. per annum, with covenants that saving the reasonable allowance of the &illegible; of the utensills, he should deliver it backe to me or my assignes as good as he sound it, but during the time of my imprisonment at Oxford, he let the house run to decry, and gave over brewing in it and run away I doe not know whether, (nor never could see him since) with almost a whole yeares &illegible; and when I came from Oxford I found my house cut of use, and in one place much decayed, part of the roofe being false in, so that the raine both there and in severall other places had done the vessells much hurt, so that I was forced and necessitated, to sell the Lease of the house, and all things belonging to it for 120. l. to Mr. Wright the Armorer in Bishops gate street, and also gave him dayes of payment for it, besides when I went &illegible; I left behind me the greatest part of 1000. l. in debts, that were made in that brew-house, some hundreds of which, he that I betrusted with my businesse received for me, and had received a great deale more, had not my debtors taken advantage of my &illegible; at Oxford, which made some of them tell him to his &illegible; that the King had caused me to be arraigned at Oxford for a Traytor, and they would pay no traytors debts, in so much that when he &illegible; them, some of them, were ready to fall upon him and heare out his braines, as he told me.

Besides, the most of those that J traded with, depended upon the traid of New Castle, which in my imprisonment was lost, and (in a manner) totally decayed, which was the ruine, and the breaking of them; so that when J came home, I sound about 4. or 500. l. of my debts become altogether desperate, which debts, I am able yet by my bookes of accounts, and servants legally to prove. Yet shall I be willing to sell them to William Prinn for 10. Groaes in the pound, and thanke him too, now hee being one of the great accountants of the Kingdome, if he please to joine all these together, he may easily find, they make up the sum I speake of &illegible; and if he please to get the Lords and Commons to repaire this my losse, (as by their Declarations published to the Kingdome, at the beginning of these Warres they promised they would) I doe hereby bind my selfe, that if I cannot by just and lawfull proofe, make good what in my printed petition concerning this particular I have said, I will quite scores with them, both in this my arreares, and all other things whatsoever, that I have any legall and just ground to challenge and expect from them: and I thinke all men that reads this, will say I offer faire, and will not in the least beleive any of his false, untrue, and &illegible; affirmations that there be impudently layes downe.

I come now to his 15. page, where he takes occasion to speake of the Lord of Manchester and &illegible; Castle, and seeing he hath so done, I shall as truly as my memory will inable me, declare the truth of that businesse, which as I gave &illegible; under my hand by way of testimony to Mr. Lile Chaire-man for the Committee last winter that examined the accusation of Lieu. Gen. Cromwell against the Earle of Manchester, which was to this effect, the day before the Lord Manchester quartered at Donkester, at our randevour of the other side of the towne next Yorke, I received orders from Lieu. Gen. Cromwell, (from whom constantly J did receive my orders) to goe & quarter with 4. of my Troops of Dragoones in &illegible; town, and to doe the best we could, with our owne securitie, to keepe the enemie in, that they should not salley out, to doe any mischiefe, in any of the quarters of the Army: and accordingly J marched with foure of my troops, and at the next towne to it, we got the best guides we could, to informe us how the Castle and towne lay, and when we came to the townes end, I ordered Captaine Beamont, with a party on horse backe, to careare into the towne, and get betwixt their draw bridge and the towne, to stop those that were in the towne, from getting into the Castle and sent to second him a party of &illegible; a foot, commanded by my Lieutenant and afterwards followed them with all therest; by meanes of which wee tooke divers borses and prisonners, and that night we all past upon the guard, and the next day being informed, that the mill dame, and the more, might easily be drawed, if we could &illegible; our selves of the Mill which &illegible; closse by their more as soone as it grew darke, myselfe led downe a guard of &illegible; and possessed the mill, and fell to a worke, to let out the mill dam, which was accordingly done, which when I had set in a good forwardnesse, I left Captain Bramones Lieutenant to command that guard, who I knew to be a carefull man, and walked the rounds to visit all the other guards my selfe, and being the next morning informed by some of the Souldiers that the enemies Centinells, called over the wall to mine, and wished they would speake to their commander to fall on, and they professed, they would not shoot a bullet against them, for their Commanders used them basly, and kept their pay from them: upon which information, I inquired of my Landlord who I understood used to goe into the Castle, what store of &illegible; he conceived they had in the Castle? & be told &illegible; he did beleive 4, barrells was the most they had, and with all told me, be was confident, they would upon easie tearmes surrender the Castle, for the gentlemen within (said he) were no Souldiers, nor no great fighters but were altogether given to their pleasures, and about &illegible; a clocke that day or the next, Coll. Keeys, and a Captaine of the Lord Fairefaxes, came and desired me, to grant them libertie, to call to some of the Gentlemen over the wall, which I granted: and they accordingly did, upon which by consent, we on both sides ceased shooting, and they talked very freely each to other, upon which the Gentlemen in the Castle, desired me to come into them; and be merrie with them, &illegible; &illegible; or two, and they would ingage their honours, I should safely and peaceably come out at my desire, unto which I answered, I durst not, having no such Commission from my generall so to doe, then they intreated me to give them leave to come out to me, to be merrie at the Ale-house a little, and they would take my owne ingagement for their safe returne, upon which discourse I presently conceived these Gentlemen had no mind to fight, but were rather desirous, upon reasonable tearmes to be rid of the castle.

The thoughts of which made me to returne them this answer, that at present, I could not satisfie their desire, but I promised them, I would indeavour to doe it with all the speed I could, and therefore desired they would command their men to their guards, as I intended presently to command mine, which I did, and with all speed I could, not me horse, and red away to Donkester, as fall as I could ride to acquaint my Generall with it, who at my comming &illegible; her, was walking our at the townes end next London, with whom I found Lieuten. Generall Cromwell, and the most of his cheife Commanders, and after I had acquainted him particularly with the aforesaid things, I told his Lordship that I conceived, if he would summon the Castle, it was his his owne, which he seemed to slight; I further told him, there was here abouts a great many petty gareisons, which did a great deale of mischiefe to the Countrey, and his honour did not know, but the gaining of this, might be the gaining of many of the other, well saith he, it cannot be done: upon which I continued my importunitie, and did beseech his Lordship to summon it, which made him and others by him to laugh at me, and saith he, you thinke it is nothing but to summon a Castle and take it, if I should summon it, saith he, my Army is ingaged thereby, and (saith he) I am informed it is a &illegible; strong place, and probably may foile my Army by meanes of which I should loose the maidenhead of them, who were never foiled since I commanded them, and be sides (saith he) I will not loose ten men for the gayning of it in regard I doe not Iudge it worth such losse.

Unto which I replyed, my Lord, J will make you one proposition, give mee leave to summon it, and if upon a summons, I doe not carrie it, I will give your Lordship leave to hang me; my Lord I doe not desire, a commission under hand and seal, noe an expresse possitive command, for then if I should not succeed, I confesse your honour were ingaged, indeed, but that which I intreat of your honour, is only to permit me, and to winke at me, and if I should not effect that which I doe confidently beleive I shall, your Lordship in my apprehension is free, in point of honour, and may &illegible; your hands of it as none of your act, but may say it was the act of a rash man, who was resolved inconsiderately to hazard his life, for the doeing of it, but my Lord, as I said before, if I may be permitted to summon it, I will die for it, if upon a summons I doe not carrie it, unto which he said &illegible; gone, thou art a mad fellow, which I tooke for a grant, but yet for all that turned me abour to one of the ablest and understanding it Commanders in the Armie, (as I judged him) and asked his advice, what he thought of it, whether or no all circumstances considered, that had passed betwixt the Earle and my selfe, I might not justifiably, in the eye of a Counsell of warr without any mere adoe Iummon it? and he conceived I might doe it, this I the rather propounded because it behooved me to goe upon a sure ground, in regard I knew that &illegible; my Lords Chaplines Mr. Ash, and Mr. Good, did sit upon my &illegible; for opposing Coll. King, their dearly beloved, and I also knew, that Major Generall Crafford, and his whole faction (which than in that Armie were very great and high) did the same, for my friends of discourse, about that proud unwarrentable, and bloody action of his, in flomming Torke manner as he did, which cost (foolishly) some hundreds of mens lives, for which act I had freely said, he deserved to die, and therefore I was verie confident, if all they put together could doe me a mischeife, being then in that Armie, (for nothing but my justnesse and honestie) as great an eye sore to some of them, as I am to them to this very day, but upon the foresaid grounds I &illegible; with speed, againe to my quarters, and writ them a summons (high enough) for the present delivering of the Castle, &c. Into the hands of my generall for the use of the Parliament, which I sent in by my Drum, and the Governour, very fairely and &illegible; a willing man to yeild, the very next morning after I had been with the Earle, sent me out Articles of surrender, and a Leiuten. Coll. and Major (as I remember) with them to see them made good, and never so much as desired of me, any &illegible; them, upon which they and I rid away to Dewkester, where I found the Earle on Horse-backe, a going to take the hire, and I comming to him told his honour, had summoned &illegible; Castle, and brought his Lordship Articles of surrender, and two Commanders to see there performed on their part, but without any more adoe, in the presence of the companie (which were many) and the presence, and hearing of the Cavaileers, his Lordship fell a calling of me Rogue, Rascall, and base fellow, and asked me whether he or I was Generall, and told me, the Armie was to much troubled with such busie Rogues &illegible; I was, and he would send me same enough from it, and also told me, I deserved to be hanged, and would nor suffer me to speake one word in my owne defence, but turned away from me in a greater fury then ever I see him in, in my dayes; his carriage being a cleere Demonstration to me, that be in a manner scorned to accept of the Castle, because I had taken it. Which carriage, did so vex and perplex my very soule, as I was never more I thinke in my dayes, and so cooled my courage in fighting, that I could never from that day to this present houre, deaw my sword, nor ingage my life in the way of a Souldier, with that freenesse, &illegible; and cheerfullnesse, as formerlle I had done: But by the Lieutenant Generalls meanes, I got my Lord to appoint Commissioners to treat with theirs, for ordering all things for the surrender of the Castle, which was accordingly done, with all the Armes, Ammunition, Horses and Provision in it, saving about 10. or 12. Horses that was allowed the chiefe Officers, with saddles, Pistolls, and Port. mantles, and for my part, though I had extraordinarily hazarded my life, in the gaining of it, and had taken a great deale of paines, yet his honour never gave me, the value of one penny for my labour, though he got by taking the Castle, (which he disposed of) above threescore horse as I remember, and though I faithfully, and honestly, saved the things in the House, and delivered them according to his order July 28. 1644 (to Mr. Goulson Treasurer his man) and sert them to &illegible; where they were boated I know not whether, 30 quarters 4. bushels of Wheat, 38. quarters 7. bushells of Rye, 6. quarters 6. bushels of Pease, 162. Cheeses, 9. Flitches and 39. Peices of Bacon; 9. Farkins, 7. Kits, and 19. pots of Butter, 94. peices of beefe, with some bread, and truly considering our paines, wee might have expected, from my Lords owne hands, a Gratitude: but none we had, saving that we made a little money of some Hay, Coales, and other Turnbring odd things, which I caused honestly, to be distributed amongst my Regiment, to the Officers according to their qualitie, two daies pay: and to the common Souldiers 2. &illegible; 6. d. a man, and for my particular, Mr. Wever gave me a young gray horse, which was but a small incouragement, seeing. I had fought all that summer, and had not received one dayes pay, and had beene shot through my arme, but a little before, at the taking in Sir Francis Wortlys house, and not long before had beene plundered by Col. Kings meanes at Newarke, of all that I had there, to the value of about a 100. l. who contrary to the Articles of agreement, commanded me, & in a manner forced me, to march away with his Regiment armed, which caused their horse to fall upon us, and plunder us almost every man, but as for Col. King himselfe, he fled the danger, and had a care of himselfe: and scaped better then we did, and besides, during all the times we were in &illegible; I and my Regiment of Dragoones, constantly quartered in the Van of the whole Armie; alwayes nigh the Enemies Garrisons, where constantly in a manner, we both sought for both horse next and mans meat, or else with a &illegible; &illegible; of vigilancy, stood upon our guard, also our Souldiers being so poore for want &illegible; pay, that many times my selfe and other of my Officers, were severall times forced to send them money to shoe their horses, and I am confident to this day, have falut short of the payment of it againe, and yet I dare say, I kept the Regiment in as good order, as ever it was from the day it was raised, and passed as readilye and cheerfully upon their duty: And I dare be bold to aver it, I and they passed upon as hard and difficult services, and were in as many ingagements, hazards and perills, for that time, the last summer, as ever any Regiment of Dragoones in England, raised by this Parliament, of the like number was.

And for all William Prinns abusing of me, I for my part, bid defence to him, and all the men in England, justly to brand me with cowardlinesse, in all the ingagements that in these wars J have had, or with unfaithfullnesse, or of base coveteousnesse, indeceiving either the State, my Officers or Souldiers, either in point of one false Muster, or unjustly detaining 6 d. of any of their pay from them, or that ever in all the marches and quarters that I have been in since the waes began, that ever I was privie too, or ever did my selfe; or caused to be plundered, or by any unjust violence, caused to be taken away for my use or profit, directly or indirectly, the value of 12. d. in any kind of goods whatsoever, for I blesse God, I can say with Paul, that I have not unjustly taken or coveted, any mans goods, Gold or Silver.

But one word more of my Lord and tickhill Castle, I was told in the Armie, his Lordship afterward, did verse much threaten me about that businesse, and also by a man of eminency, I was since told, that when his Lordship came to London, at a meeting at the Beare at bridgefoot, before two Lords, and five eminent men of the House of Commons, his honour spoke both very great, high, and disgracefull words of me, about that very businesse, and therefore for the full satisfaction of all the World, J doe here declare, I am ready, willing, and desirous, to bide the publique test, and tryall of any just and legall judicature in England, either with the Earle of Manchester, William Prinn, or any other man in the whole Kingdome.

In the foresaid page, William Prinn boasts, that having (as he saith) thus charged through, and &illegible; his maine Squadron of lyes and scandals against the Parliaments and Committees proceedings, I shall in the third place, a little examine and resure, his mistaken law, his misinterpretation of Magna Charta, and the Petition of Right, which had verie ill fortune, to fall into the hands of such a lawlesse Ignoramous.

I answer (and say) alasse poore Prinn, who would saine be accounted a skilfull and couragious Commander, and hath not yet attained to the skill or courage, of the meanest common Souldier, for instead of rouring my maine Squadron, hee doth not so much as gallantly, and like a man of pure mettle, incounter with my Scouts or Forlorne hope, much lesse either like a man of valour, charge and &illegible; my maine Squadron, for in slead of fighting with me and my case, he fights with his owne shadow, and with a fiction of his owne braine, in &illegible; my case, falsifying the truth, my Actions and Sayings, and so wilfully misapplying his wrested law, so that I aver and affirme it, he hath not so much as given my maine squadron (as he calls it) one faire charge; either with sword or pistoll, but like a faint hearted and unskillfull Souldier hath only peeped in my face, and frisked by my right Flanke, and then by the left, and by a swift running horse, hath goe a little into my reare, thinking thereby to nibble at my heele like the old Serpent spoken of in Geneses 3. but alasse it will not doe, and therefore I retort backe his owne words upon himselfe and say, he had need (more then a little) to examine and resure his owne mistaken law, his misinterpretation of Magna Charta, and the Petition of Right, which had very ill fortune, to fall into the hands of such a lawlesse Ignoramous; therefore this I say to him, I both dare and am able, J for all his vapours which I esteeme no more then God did Adams fig leaves, with which he would have covered his nakednesse) to meet him, and a whole Squadron of such heady and light men, face to face, upon equall tearms, upon any ground in England, to justifie and maintaine my present cause against him, whether it be Religion, or the publique liberty of the free people of England, the equall tearmes I desire, it no more but this, that I may have as free libertie to speake, write and peint as himselfe, and I will set my hand to what ever I doe, and seale it with my blood.

I come now to his 22. and 23. page, where he goes about to justifie, that my commitment upon the 19. July 1645. was legall, although I never was heard to speake my selfe, and although, I neither knew my accuser, not accusation, and although, there was no cause expressed in the warrant of my commitment, surely William Prinn writes so fast in his 22. and 23. pages, and without consideration what he said before in his 20. and 21. page, that without doubt hee either thinkes or dreames, that it will never be read over by any man that hath braines in his head, or honestie in his heart, to declare his contradictions, and his confuring of himselfe, by that he writes before, of that which followeth after, but his reason wherefore it is legall, is because that as (he saith,) I had that day publikly reported to Jndependent Hawkins, & others at Westminster, divers groundlesse, seandalous, and malitious reports, amounting to no lesse then high Treason, concerning Mr. Speaker and other Members of the House of Commons, in a libellous, illegall, scandalous, seditious way, of purpose to defame and stitreup the people against them and the whole House of Commons, whose destruction by force and violence, he of his confederates had then beene plotting, and since pursued in sundry private meetings.

To which I answer that his whole accusation, as he hath laid it downe, is a most malitious falshood and untruth.

For first, he saith, I had publiquely reported, to Independant Hawkins, &c. J desire to know the men that heard me when I so did, for surely to this very day, I could never see any man that would in the least aver any such thing to my face, as he speakes of.

Besides (secondly) if J had by way of relation, spoken either to Mr. Hawkins, or any man else, any such thing, I could easily and groundedly, procure my Authors, namely, Mr. Pristy, Mr. Rawson, and Mr. Worly, who had that day, as the least 8. or 10. houres, before I was committed, given in information, to a Committee consisting of foure Members of the House of Commons, under their hands, of some such thing as he speakes of, in whose information, I neither had hand, nor finger, and I professe (before the searcher of all mens hearts) I neither knew what they were about, nor what they intended, till a Marchant of London told me, they were gone into the Committe, about some such businesse, and therefore it could not in the least be any designe betwixt them and me, to whose intentions I was not in the least privie, therefore I would saine have Prinn satisfactorily answer me this question, what was the reason that the three Citizens forenamed, that gave the information in under their hands, should goe scot free, and I that was not privie to their designe, nor never acted publiquely in it, should be clapt by the heeles.

Againe, if Prinn be privie to a designe (acted and contrived by me, and my confederates) by force to destroy the House of Commons, as to my understanding be cleerly avers, I say it, and will maintaine it to his face, he is a Traytor, that he doth not make it legally appeare, and that be and the world may know, that I crave neither mercy nor favour at his hands; I bid defiance to him, and all the men in the world, in that particular, and as for all that abusive language that her gives me, in that and the next page, I tell him in his owne words (that if he had beene a grand I &illegible; he would never have said, what there he saith, not &illegible; such mistaken law as there he doth, therefore againe in his owne words (altering but a few) J say unto him, that if poore William had but law enough, to quallifie him, to be the meanest Iustice of peace, his Clarke, or some Recorders, or Clarks of the Assizes, his Clarkes clarke, be might have known, that by the law of the land, no man ought to be committed to prison, upon a bare suggestion of wicked and malicious men, or by their report, taken from the second or third hand, not to bee sent to prison, with a warrant expressing no cause of his restraint.

Againe, whereas in the same page he would compare my case to a Traytors, I say, there is as great a disproportion betwixt them two cases, as there is betwixt William Prinn, and an honest man, in my judgement and I seriously professe, I judge it to be as great, as possible may be, and therefore, for my part, let all the Iudges in the world whatsoever they be, examine me upon interrogatories concerning my selfe in a criminall cause, I iudge it to be against the Law of God, the law of nature (which will have no man to betray himselfe) the law of the Heathen Romans, and the knowne law of this land, recorded in the 28. and 19. chapters of Magna Charta, & the petition of Right, & therefore by the strength of God, for all William Prinns false and unjust law, I am resolved to dye all the deaths in the world, rather then to betray my just and native libertie in this particular. I come now to his 26. and 17. page, wherein he brings me as a man safely arrived in New-gate, and before I insist upon his grand charge against me. I shall crave leave to give you a narrative of my affaires, after I came thether, which thus followeth.

Immediatly after I came to New-gate, divers of my friends and well &illegible; to the publique, went about the framing of a petition, (without my desire,) to the House of Commons, on my behalfe, which I doe beleeve not a little vexed Prinn, Bastwicke, Col. King, and others of my adversaries, (which as I have just cause to conceive,) made them with the assistance of their base and rascally agents, Williams, and &illegible; &c. goe about to make an uproare in the Citie, by framing, posting, and dispersing scandalous paper libells, concerning my selfe, thereby to make me odious, and destroy me, seeing they knew not handsomely how to come off, their unworthy dealing with me, about my imprisonment, which originally rise from their mallice, but having notice of these libellous papers, I presently writ a letter subscribed.

To the Right honourable the Lord Mayor of the honourable Citie of London, these humbly present.

MAy it please your honour to give me leave to present you with a few lines even now by some of my friends in the Citie, I understand, that there is a strange and dangerous paper presented to your Lordship, and other Magistrates of this honorable Citie, as though there would be some rising of many thousands in London, about my selfe, concerning which false & scandalous paper, I iudge it my &illegible; &illegible; assure you; I have no hand nor finger in, neither am I privie, to the framing, writing or divulging of it, neither doe I beleeve, is any friend of mine, or any friend of the Common Wealths, and I doe further assure your honour, I shall rather chuse to &illegible; and dye in prison, then to take any such uniust way for my deliverance. My humble suit unto your honour therefore is, that you will be pleased to acquaint the rest of your brethren herewith, and take in it such a course, as shall seeme best to you, which will be an extraordinary obligation unto him, that is your Lordships and this Cities faithfull servant,

John Lilburn,

From my contented Captivitie in New-gate,
this 11. of August 1645.

And then within a few dayes after this, (namely the 26; of August 1645.) was presented the forementioned petition, which was subscribed with about two or three thousand hands, divers of them Citizens of good qualitie in London, the Copie of which thus followeth.

To the right honorable, the Commons of England assembled in Parliament

The humble Petition of divers well affected Persons, inhabitants of the Citie of London, and Westminster, the Borrough of South warke and places &illegible; &illegible; in the behalfe of Lieu. Col. Iohn Lilburn, now prisoner in Newgate.

Sheweth,

THat whereas the above named Lieu Col John Lilburn, hath before this Parliament, with true zeale to God, and affection to his Countrey, ventured his life and estate, in opposing the tyrannicall proceedings of the Bishops, and Star-Chamber, whereby he became, (as God was pleased to order it) a speciall instrument, of their downfall, and for as much as the said Lieu. Col. Lilburn, hath with like zeale, and affection, since the Parliament, neglected all private affaires for your defence, and his countreys service, in the faithfull performance where of, he hath suffered, verie much in his person and estate.

Your Petitioners doe therefore humbly, intreat this honorable house, in respect of the former faithfull services, and hard sufferings, of the said Leiu. Col. Lilburn and for the &illegible; of us your humble supplicants, and other his friends, your faithfull servants abroad, and to prevent the rejoycing triumph and advantage of our common enemies.

That you will be pleased; to order his suddane removall from the infamous prison of Newgate, and to take a review, of the occasion of his restraint, and in your debating thereof, that you will be pleased to make the most favourable construction of the same, and if it may stand with your wisedomes, to give him his speedy inlargement, that you will be pleased to give reliefe to those pressures that remaine upon him, by ordering unto him a competent part of his &illegible; for the support of his wife and familie.

Upon the knowledge of which petition, the house proceeded as followeth.

Die Martis 26. August 1645.

THe House being informed, that divers well affected persons were at the doore with a petition, they were called in, and one of them acquainted the house, in the name of the rest, that they came to present a petition to the Commons house, on the behalf of Lieut. Col. Lilburne, The petition was read, and was for his inlargement from imprisonment in Newgate, and for some present reliefe for him out of his arrears.

Ordered &c.

That Mr. Walker, and Mr. Steele be desired from this House, to manage the proceedings by &illegible; or other wise, to be had against Lieut. Col. Lilburne, now prisoner in Newgate, at the next generall Sessions, to be held for the City of London, and that Mr. Breadshaw formerly desired to attend that service, be discharged of it.

State reports, the answer to be given to the Petitioners, concerning Lieut. Col. Lilburne, which was read, and upon the question assented unto.

The Petitioners were againe called in, Mr. Speaker by command of the House, acquainted them with the answer of the House to their Petition, which was in &illegible; verba.

H. Elsynge, Cleric.

Parl. D. Com,

That Lieut. Col. Lilburne, is justly committed by this House, that for some of his offences, he stands referred to a tryall at common Law: that the House doth not approove of the coming in of this Petition at this time, the cause thus depending, and the party himselfe not acknowledging the justice, nor desiring the mercy of this House: that when there is a fit time for either, the House will proceed accordingly, in the mean time the House hath provided for his convenient maintenance.

H. Elsynge, Cleric. Parl. D. Com.

Die Martis 16. Augusti, 1645.

ORdered by the Commons assembled in Parliament, that Sir John Tenell, doe pay the one hundred pounds remaining of his fine of 600. l. to Lieut. Col. Lilburne, now Prisoner in Newgate, or to such as he shall appoint to receive the same, and that the acquittance of the said Lieut. Col. Lilburne shall be a good discharge, to the said Sr. Iohn Terrell, for the said remaining &illegible; l.

H. Elsynge Cleric. Parl, D, Com.

Which 100. l. I received, and with there money added to it, spent in my imprisonment in charges, managing and following of my businesse &c.

Vpon the receit of these orders, J expected to have been called forth the next sessions after, &illegible; nothing in the world with more eagernesse then I did to come to a publique tryall, but during that sessions it was all in vaine, which made me wait with as much patience as I could, till the next Sessions.

And upon Tuesday or Wednesday the 8. or 9. of Octob. 1645. the sessions began at Newgate, and in the forenoon being somthing treubled that I should lie in prison, and hear nothing from any man in the world as my prosecutor, I intreated a Gentleman that was with me to slep a little way to a friend of mine, being a Counsellor, and desire him to come and speak with me, which he did, and having communicated my mind to him, which was, that seeing I was by order of Parliament turned over to a tryall at the sessions of Newgate, and could heare nothing from the Iudges thereof, either the last sessions, or this present I had an earnest desire to speak with the Lord Major, and the rest of the Iudges there, and intreated him that for his fee he would go to the bar, and make a motion for me, which he refused, giving me some reasons, wherefore he iudged it better and fitter for some honest private friend to go downe and do it for me, whereupon there being with me a young Gentleman, a Marchant of London, I intreated him to oblige me so far to him, as to go to the Court, and to observe his convenient opportunity to speake to the Court for me, which he did, and as himself told me, expressed himself in this manner.

My Lord, I am come from Lieu. Col. Lilburne, now prisoner in Newgate, who presentt his humble service to your Lordship, and the rest of the Judges of this honourable bench, and &illegible; me makes it his humble suit unto you, that you would vouchsafe to honour him so much, as to send for him, that he may come and speake with this honourable bench, which was presently granted, and officers immediatly sent up for me, and at my coming before them, I came close to the barre, and gave them that respect which I conceived was their due, whereupon the Recorder as the month of the Court, demanded of me what I had to say to them?

Vpon which I addressed my selfe to my Lord Major (for he being present, I conceived him to be the chiefe in the Court) and said with as audible a voice as I could, my Lord. I am a freeman of England, and I hope all my actions, are cleare demonstrations unto all that know mee, that I act by principles tending to the preservation of my just freedome, I have now been almost 12. weeks a prisoner: 12 at so long saith the Recorder? yes Sir said I, it wants but 3. dayes of 12. weeks compleat, and my Lord, I was committed without any crime expressed: and by all the friends I have in England, I cannot (from the day of my commitment, to this present houre) learn groundedly the true cause of my imprisonment.

And my Lord in August last, divers well affected Citizens and Free-men of London (being friends of mine) presented the honourable house of Commons with a petition on my behalfe, and by way of answer, they were pleased to make this order in my hand, which is subscribed with the hand of the Clarke of the house of Commons, which order so much as doth concerne this honourable bench, I humbly crave leave to read unto you, which was granted, the very words of which Order thus followeth:

That Mr. Walker, and Mr Steele be desired from this House to manage the proceedings by &illegible; or otherwise, to be had against Lieut. Col. Lilburne, now prisoner in Newgate, at the next generall Sessions, to be held for the City of London, and that Master Bredshaw formerly desired to attend on the service be discharged of it.

Here your Lordship may cleerly see, that I am referred to this bench for a legall tryall, and the time when it ought to have been (by this order) was the last sessions, every day of which, I was ready and expected to have been called out: but your Lordship, and all other being silent, in not (according to the order) calling me out, is a clear demonstration (to my understanding) that neither your Lordship, this bench, nor any other person in England, have any crime to accuse me off, or to lay to my charge. I expected likewise at the beginning of this Sessions to have heard from your honour, but contrary to my expectation, hearing nothing from you, I was full of longing desires, that you might hear somthing from me.

And now being by your Lordships owne favour and grant come before you at this barre, I make it my earnest and humble suite unto your Lordship, that if either your Lordship, or any man else have any thing by way of crime to lay unto my charge, that proclamation (according to the custome of this bench) may be made, that my accusers may come in, and I doubt not but by Gods assistance, to make a cleare, just, and satisfying defence for my selfe, for I am conscientious of my owne actions, sayings, and doings, and my conscience tels me (I blesse God for it) that my innocency, integrity, and uprightnesse, (in reference to my conformity to the lawes of England) is such, that I need not to be afraid of the face or complaint of any man breathing: onely this favour I humbly crave at your honours hands, that in case upon proclamation a charge be laid against me, that then you will be pleased to give me &illegible; or 3. houres time (which is the most that I desire) to read and consider upon the charge, and to recollect my thoughts: which favour if I may enioy from you, I doubt not but to make a full satisfactory and iust defence: whereupon the Court caused inquisition to be made, whether any thing was come into the Court against me or no?

Answer being returned, there was nothing at all, upon which the Recorder, Mr. &illegible; was pleased to tell me that there was nothing come into the Court against me, so that he said, Mr. Lilburn, here is nothing to be laid unto your charge.

Upon which I addressed my selfe to the Lord Mayor, and said my Lord, seeing I am by the House of Commons referred to this honourable bench for a legall tryall, and the bench certified me they have nothing to lay to my charge, I being a free man of England, (a Kingdome that professeth to be governed by Law, and desiring for my part, no longer to live in the Kingdome, and to enjoy the benefits of the liberties thereof, then by my life and actions I declare a submission and subjection to the lawes thereof established) I therefore according to Law, seeing that you have nothing to lay to my charge, humbly intreat your honour, that I may be released from my illegall and unjust imprisonment, for give me leave to tell your Lordship that the law is in a manner, as tender of a free mans libertie, as of his life, and will not have it easily or upon slight grounds taken from him, or when it is taken to be continued; for my Lord, the law doth not &illegible; that a freeman, (whatsoever his crime be) shall be cast into prison and there destroyed, much lesse that a free man shall be committed to prison and there destroyed, having committed no crime, which is my cases but the Law is so tender in her &illegible; of providing for the free men of this Kingdome, that free doth command, that if any free man be committed for what crime soever, or upon what pretence of a crime soever, that he shall not there lye, to be murthered or destroyed, but that he shall with all convenient speed be brought to a publique, open, just and legall tryall; and if he be found a transgressor of the law, to suffer punishment according to the law, and not otherwise, (read the whole petition of Right) or if he have not transgressed the law, that then he shall without delay be delivered, and he punished according to the law, that hath wrongfully molested him, contrary to law, and therefore my Lord, I being a free man of this Kingdome, and arbitrarily kept in prison, and this honorable bench telling me, that there is no crime laid to my charge, I humbly desire of you my iust and long expected libertie, upon which the Recorder stood up and said.

Mr. Lilburn, you desire that of us which lyes not in our power to grant you, for you were not committed by us, the which if you had, we ought then in this case to have given you your libertie: but you are committed by a higher power, even by the House of Commons it selfe, which if you please rightly to consider of that order which you have even now read, you may easily perceive that they have but only made a reference to us to try you according to law; and seeing nothing comes in against you, we are to certifie the house thereof, from whom you are to expect your liberty, and I doe assure you, I will make a motion to them that you may: For which I humblie thanked him, but still addressed my selfe to my Lord Mayor, and said, may it please you to take notice that by the order of the House of Commons, I am referred to this bench to receive a tryall according to law, and you your selvet doe tell me that you have no transgression of the law to lay to my charge, and therefore, I thinke it is just and according to law, that you should give me my libertie; but seeing you tell me you cannot, I have two things to propound unto your Lordship and this bench, and humbly to desire of you, but shall leave you to chuse which of them you please.

First, that seeing I am referred to you for a legall tryall, and you tell me there is nothing I aid unto my charge, and yet tell me you cannot give me my liberty, &illegible; in the first place I humbly intreat your Lordship, and the rest of the bench, to give it me under your hands by &illegible; of Certificate, that here is nothing come in against me, that so I may get some of my friends effectually to declare it to the Hous, and move them for my libertie; or if you judge this &illegible; convenient, then secondly I make it my humble suite to Mr. Recorder, (being a Member of the Honourable House of Commons,) that he will be pleased not only to promise me to move the House, but effectually, cordially, and speedily to doe it, that so I may without delay injoy my long desired and just libertie, and no longer be liable by multitudes of provocations, and my owne pressing and urgent necessities, to &illegible; such a course for my libertie, as will be neither for the honour not credit of those that committed me hither, although it be as little for my profit, for necessity hath no Law: So Mr. Recorder promised me that he would fulfill my desire, and I tooke my leave of them; and an I withdrew, I could perceive divert people (which to me were strangers &illegible; be much affected with my condition, and &illegible; the Lord blesse me for I was an honest man, and stood for their liberties.

Within two or three dayes after this, I writ a letter subscribed, For the right honorable, the Lord Mayor of the honourable Citie of London these humbly present.

MAy it please your Lordship to youthsafe me the libertie, to put your honour in mind of the promises that was made unto me at the late Sessions, where your honour was present, which was, that Mr. Recorder would speedily move the House of Commons, that I according to law and justice, might speedily be delivered from my causelesse imprisonment, I have affirmed the boldnesse to send my wife to present your honour with these few lines, humbly intreating your honour to declare unto her what is done for my libertie, so justly my due, and what I may trust too in reference to it, so craving pardon for my boldnesse, I humblie take my leave, and rest.

My Lord your honour most humble
servant John Lilburn.

New-gate this 11.
Octob. 1645.

And within three dayes after the writing of this letter, I received an order for my discharge, which thus followeth.

Die Martis 14. Octob. 1645.

MR. Recorder acquainted the House, that two Sessions were now passed since Lieu Col. Lilburn was removed to Newgate, and had continued a prisoner there, and that no information or other charge had been yet brought against him, and at this last Sessions, he humblie desired either to be tryed or to be discharged. And it is there upon resolved upon the question, that Lieu. Col. Lilburn be forthwith discharged from his imprisonment.

To the Keeper of Newgate
or his Deputy.

Hen. Elsing.

Cler. Par. D. Com.

So that all the world may cleerly see, that for all William Prinnt and his Associats inveterate mallice, I have had a farre comming of, and an honorable deliverance from my imprisonment; but before I conclude, I must returne againe to his sencelesse book called the Lyar confounded, which came out the same day, that J was freed from my imprisonment, in the 17. page of which he taketh occasions to speake of printed libells of mine (as he is pleased to call them) and of a letter written by an utter Barrester to his speciall friend, concerning my imprisonment, and affirmes that they are but malicious, scandalous libells, and fire brands of sedition, to excite the ignorant vulgar, and Separates of his faction, against the Parliament, and promote some Anabaptists long agitated, and late detected conspiracie; to root out the members of this Parliament by degrees; beginning with Mr. Speaker, whom if they could cut of, all the rest would easily follow: and if this succeeded not, then to suppresse and &illegible; of this Parliament, by force of Armes, and set up a new Parliament of their owne choice and faction, to which conspiratie all Lilburne &illegible; papers, &c. were but so many preparitives and incentives to prepare the people to joyne with, and assist them in this damnable traitorly plot.

To which I answer, that William Prinn it so lavish of his tongue, that few regards what he saith, And J am very confident that he cannot in the least make any part of this affirmation good, unlesse it be by witnesses, that makes as little conscience what they say as himselfe, I could pay and &illegible; William Prinn about this charge, having already taken a little paines to discover the bottome of it since I got my libertie, and severall times I have beene with the Lord Mayor of London about it, who once had out Williame in his power, that made it his worke to got up and downe London, reporting, that I was the bend of a faction, of 30000 men, who had a bloody designe in hand, but in regard there are more considerable persons concerned in it, then W.P. and in regard I take no delight to contest with more then absolute necessitie, I shall reserve the &illegible; of William Prinns deep designe in this groundlesse accusation, to take away my list, for a reserve unto these lines, in which J doubt not but to cudgell him, as foundly as ever he was in his life, and also electly make it appeare, that his study and practice is principally to be an &illegible; against honest, peaceable, and well meaning men; and to blow the coales of division in the state and Kingdome, to the apparent hazard and danger thereof, being in this particular an absolute &illegible; of whom it was said before he was born, Gen. &illegible; that he should be a wild man, his hand will be against every man, and every mans hand against him, and in my conception one maine visible and of his so doing, is a proud and pecuniary end, that so he might be popular and esteemed some body in that he contests with every bodie (though himselfe knowes not wherefore) the ready way to beget unto himselfe multitudes of clients, thereby to fill his pockets with the unjustices of contention and strife;

Whereas if William Prinn were truly for the peace and prosperitie of the Common Wealth, (and not absolutely for his owne interest) he would importune the Parliament, to make a few plaine and easie (to be understood) lawes, which might command the speedy ending of all differences betwixt man and man, amongst some competent judges of the same neighbourhood, where the difference doth arise, and in case of difficultie of judgements, to have no other appeale, but either to their &illegible; Countie Assizes, or the next Parliament, where the truly contentions, and unwilling to be at peace, might be soundly paid for their jangling, which way would rid the Kingdome of one of the unprofitable kind of cattle remaining in it, namely William Prinn, and his jangling Associates who at the best are but an uselesse rabble, appropriating, lying and purse-milking generation.

But as for his bitter charge of high treason against me, I blesse God, J groundedly know the innocency and integritie of my heart to be such, that I may and doe with confidence sound a loud Trumpet of desyance to him and all his Associats in England, groundedly to fix upon me, and legally to prove against me, the least appearance or suspition of any such thing, as he publiquely in print, (licenced thereunto by Authority,) declares me guilty of, to the view of the whole Kingdome, namely, that I have conspired with other Separates and Anabaptists to root our the Members of this Parliament by degrees, beginning with Mr. Speaker, whom if we could cut off, (he saith) all the rest would easily follow: And if this succeeded nor, then to suppresse and cut of this Parliament by force of Armes, and set up a new Parliament of our owne cholee and faction.

Looke to it Prinn I advise you, and put fotth all your skill to make your charge good, for this J doe protest, I am resolved by the strength of God, to put you to it, and to have against you both law and justice; if there be any to be had in England: Or else I am resolved to lye in the dust, for so large experience have I had of this maxim, that honesty is the best policie, that it makes me considerly beleeve, uprightnesse begen boldnesse, and that as Solomon saith, he that walketh uprightly, walketh surely, and that the righteous are as bold as a Lyon, and therefore W. Prinn &illegible; not, but I may live to see the time that equitie, justice and truth shall flourish and take place.

Surely having so many potent and bitter enemies as I had when I was in prison, if they or he, had had any just ground for this that he saith, they would have tript up my heeles, and laid me in the kennell without mercy or compossion; but the honourable house of Commons discharging me out of New-gate by vote, as they did, is a cleere demonstration to me, (and I thinke to the whole Kingdome) that they judge me to be an honest man, and free from any such thing as Prinn maliciously accuseth me off; and their dealing with me in that particular, makes me confidently beleeve that the most of them intends to doe me justice and right, not only against my former oppressors, but also against my late ones, for taking my liberty (contrary to their own Law) away from me, which Law made, this present Parliament in the act for abolishing the Starchamber saith, that from henceforth no count, Councel, or place of Judicature, shall be erected, ordained, constituted or appointed, within this Realm of England, or dominion of Wales, which shal have, use, or exercise the same, or the like jurisdiction, as is or hath been used, practised or exercised in the said Court of Starchamber: And he it further provided & enacted, that if any Lord Chancelour, or keeper of the great Seal of England, Lord Treasurer, keeper of the Kings Privie Seal, President of the Councell, Bishop, temporall Lord, Privie Counsellor, Judges or Justice whatsoever, shall offend or do any thing contrary to the purpoet, true intent and meaning of this Law, then he or they shall for such offence, forfeit the sum of good of lawful money of England, unto any party grieved, his executors, or administrators, who shall really presecute for the same, and first obtain judgment, thereupon to be recorded in any court of Record at Westminster, by action of debt, bill, plaint, or information, wherein no Essoine, protection, wager of law, and prayer, priviledge, injunction or order of restraint, shall be in any wise prayed, granted, or allowed, nor any more then one imparlence.

And if any person against whom any such judgment or recovery shall be had as aforesaid, shall after such judgement or recovery offend again in the same, then he or they for such offence, shall forfeit the sum of a 1000. l. of lawfull money of England, unto any party so grieved, his executors, or administrators, who shall really prosecute for the same, and first obtaine judgement thereupon, to be recorded in any court of Record at Westminster, by action of debt, bill, plaint, or information, in which no Essoigne, protection, wager of law, and prayer, priviledge, iniunction, or order of restraint, shall be in any wise prayed, granted, or allowed, not any more then one imparlence.

And if any person against whom any such second judgement or recovery shall be had as aforesaid, shall after such iudgment or recovery of offend again in the same kind, and shall be thereof duly convicted, by inditement, information, or any other lawful way or means, that such person so convicted, shall be from thenceforth disabled, and become by vertue of this act uncapable, Ipso facto, to bear his, and their said office, and offices respectively, and shall be likewise disabled to make any gift, grant, conveyance, or other disposition or any of his lands, tenements, heriditaments, goods, or &illegible; or to take any benefit of any gift, conveyance, or legacy to his own use.

But it may be obiected, what is this to you, who have not to deal with any Courts here named, but with Committees of Parliament, who are branches of a legislative and arbitrary power, and so not tyed to this rule? to which I answer thus, that though I have to deal with those that are not here named, yet (I conceive) they are intended aswell as any exsprest: Again I say, a Committee of the House of Commons, is not the whole Parliament, no not the whole House of Commons it selfe, according to their owne principles, and therefore in my iudgement, they are not to act contrary to a known and received law, and therefore cannot iustly imprison any man contrary thereunto, neither by a Committee of theirs, nor by the whole House of Commons it self, they being not recording to their own principles, the whole Parliament but a part of it, and therefore that which is established by the whole (as &illegible; is by; Estates, and an ordinance by a Estates) cannot iustly be &illegible; by apart &illegible; the House of Commons, but one estate, much lesse by one of their Comittees, which is but a &illegible; of this one estate, but much lesse can it iustly be done, by a Comittee that had no power at all given them by any one estate, to do with me as they did: and therefore (for my part) I iudge a law to be a law, untill it be made void by all the 3. estates that made it, or at least by the a estates ioynely, that takes upon them to make ordinances in this time of necessity, to make void a law at present, and besides an ordinance, I iudge to be an ordinance, and binds those that made it as well as others, till such time as the same power that made it, do abrogate it, or at least, till such time as as great and declared a necessity compell the House of Commons one estate, to act singly by an order, as doth now the a estates of Peeres, and Commons, to &illegible; by an ordinance, and therefore I am absolutely of this mind, that &illegible; Committee of the House of Commons, nor the whole House of Commons &illegible; &illegible; &illegible; imprison me, or any other, contrary to a law, against &illegible; at present there is not some ordinance made both by them and the Peeres &illegible; &illegible; &illegible; to overthrow it. But I have severall times been imprisoned &illegible; &illegible; and by vote of the House of Commons it self, contrary to a knowne law, &illegible; this present Parliament by themselves, against which there is at present no ordinance published and declared by them and the Peeres, for the cognisence of: &illegible; (I say) they are tyed in Justice according to the renour of this law, to give me reparations against those persons that were chief instruments, either in Committees, or in the House of Commons it selfe, to vote and take away my liberty &illegible; me, contrary to this law, and for my part, I do accordingly expect my reparations, for my late causelesse molestations and imprisonments, for as the proverb is, honest men will alwaies be as good as their words, but J (according to charity) iudge the maior part of them to be honest men, and therefore do Iustly exspect, that they will make good to me, &c. their owne voluntary ingagements votes, oathes, protestations, and declarations, in which they have protested before heaven and earth, and called the great God therof to hear witnesse, that their designes, aymes, and intentions, were pure for the preservation of the laws, liberties, and proprieties of the free men of this Kingdom.

And whereas Prinn and other time servers do keep such a stir about the priviledges of a Parliament man, as if one single Parliament man had as much and as many priviledges, prerogatives, and immunitives, as the whole, or as if there were a kind of Drity or infallibity conferred upon every member of the house of Commons, as soon as he comes within their doors, a though after that time he were no more subiect to law, nor could do any more evill (I say) such parafires and flatterers may as iustly be called the Parliaments wicked Councellors, as ever Strafford, Canterbury, Digby, or Cottington, might be called the Kings, and for my part, I iudge such principles is destructive to the peace and welfare of a common-wealth, as in maintaine that a King hath no other rule to walk by but his own will, and that he is accountable to none for his actions, but God onely: and for the priviledges of Parliament, I think I cannot be bound to take notice of any, but what is publiquely declared, but no such priviledge (that I yet ever knew of) is declared, that a Parliament man, or a Committee of Parliament, may do by me or another, as of late I have been dealt with and therefore I conceive, I may iustly say without breach of their priviledges, that I have been uniustly dealt with in my late imprisonment, to be imprisoned so contrary to the known and declared laws, I have been without either cause shown, or a legall tryall.

And for my part my iudgement is, that no government can be iust or durable, but what is founded and established upon the principles of right reason, &illegible; and &illegible; justice, equity and conscience, and sutable to these principles were my actions and carriage towards the Parliament, during my late imprisonment in Newgate, as by the Coppy of this ensuing letter will appear, which then followeth.

To his much honoured and approved friend, Mr. Cornelias Holland, Member of the honourable House of Commons, present these.

Sir,

I Am informed, it is conceived by the honourable House of Commons, that I have said or done somthing tending to the dishonour or disturbance of the Parliament, and that thereupon they have apprehended iust cause to commit me Prisoner to Newgate:

Sir, I was divers times before apprehended by Messengers, and after committed to safe custody, without cause shown, or witnesse brought forth to accuse me of any thing, twice I have been examined upon interrogatories, in way of crimination against my selfe, all which I apprehend to be contrary to the Law of this land, and against the rules of common equitie and justice, and so not justifiable in any authority whatsoever.

That the liberty of my Countrey, and a iust Parliamentary authority, have been and are precious in my esteem, both my former, and latter services and sufferings in their iust defence will sufficiently witnesse.

Much instigation there hath been against me, by some who are opposite to me in iudgement, about matters of Religion, and many evill Offices have been done unto me (God forgive the Authors thereof) I have beene much afflicted, and somewhat I may (unawares) have been provoked, there being no perfection in me, nor any others on earth. Yet my iudgement is, that the well being of the whole Nation (wherein my owne is necessarily included) doth (under God) depend on the iust proceeding, and quiet continuation of this present Parliament, and I professe it never entered into my thoughts, to speake or do any thing rending to their dishonour or disturbance, neverthelesse if I have said or done any thing, which to the apprehension of that wise and honourable House seemeth to tend thereunto, it is my extream grief, and I am heartily sorry for the same, and if you shall be pleased to represent me to the honourable House in these my humble and true expressions, it may be a mean to mitigate their displeasure conceived, and to restore me to a better construction, and their iust favour, which is the earnest desire of him who is,

Sir,                                   
Your most humble servant,

John Lilburn.

From the prison of Newgate,
     this 27. Sept. 1645.

I shall now-take a little liberty to declare unto the world my condition from time to time, that so (for all Mr. Prinns reproaches) they may cleerly see, I have drawn on no designe, but that which is iust and honest: I shall begin with my imprisonment by the Bishops, in which (besides the losse of my liberty, and of those grounded hopes that I had of a comfortable living in the Low-Countreys by my industry, and besides all those cruelties that I endured in that captivity) I lost (besides all this) the present affection of my Father, and it was upon this ground, he being then in a long tedious and chargeable suite for all his land, which had lasted and continued some scores of yeeres, and cost him some thousands of pounds, and having not long before my imprisonment been heard before the King and his Privie Councell, where my Father (for all the extraordinary potency of his adversaries at Court, who were of the highest rank there) had a fair proceeding, but afterwards I coming into trouble, and contesting with the Bishop of Canterbury, the crafty subtile For (when he perceived that I was not of a flexible disposition, but refused to stoop to his will) fell pell-mell upon my Father, (who then was not out of the bryars) and so frighted him (as then by his potencie he could do any man in England) that he looked for nothing but suddain destruction from him: And all this he did to get him to be the instrument to make me bend and submit, but God comming in with strength to enable me to withstand this tempeation, it caused no small anger to proceed from my Father towards me, which made me resolve (after I was freed from my imprisonment in the Fleet) to go beyond Sea as a Factor, which I was prest unto by some in London, but the House of Commons making so much use of my imprisonment, and illegall sufferings under the Bishop: and with all went on solegally and iustly in the examination and voting of my busines, that it gave grounded hoper to me that I should be possessor of a speedy & large reparation from them, and the rest of my uniust Judges in the Starchamber, which moved me to think of feeling of my self in England, that so I might both follow a calling for my livelihood in the world, and also my businesse in the Parliament, and accordingly my Vnkle Mr George Lilburne, and my self, fell into propositions of managing of a Brew-house and about 1000. l. he put in into it, and not long after I married, where I blesse God with industry and paines, I in short time raised a compitent trade in a house, that had none in it before, and within a short time after upon agreement betwixt us, he turned it all over to me:

But these wars immediatly coming on, I gave it over (as before is mentioned) the stock according to my books, in debts, &illegible; and other things laid out about it, amounting to above 1500. l. and so successefull was the blessing of God upon my endeavors, that I never compounded (for all the losses I had that yeare, I was in Oxford) either with my Unkle or any other creditor I had, but have in a manner) faithfully paid and discharged all my debts, though when I gave over, I was necessitated to put of many of my commodities at easie rates, and by reason of hast, lost in one parcell of coales, I am confident above 200. l. that in two months after I had sold them they would have given me.

Well then into the wars I went, where I am confident all the while I was in them, I plaid the part both of an honest, active and stout Commander, and was as ready and willing to adventure my life as any man J marched a long with, at Kenton field, was I plundered, and at Branford lost I (in a manner) all that I had, and after a long fight there with a handfull of men against the Kings whole Army, my person after I had severall times scaped the danger of drowning, was taken a prisoner, and this I dare say of that peece of service, that the Parliament, the Citie, and the whole Kingdome, owes not more to any one particular number of Commanders and Souldiers, and for one particular ingagement, then they doe to my selfe and the rest that was in that at Branford, who (under God were not only) the &illegible; of the Traine of &illegible; (which then with a slender guard was at &illegible;) but also of the whole Citie, and consequently of the Kingdome, although we were sent thither without Ammunition.

For when we had the &illegible; first, we had neither provision, (that I &illegible; of) of March, Powder and Bullet; but were necessitated to ransacke the &illegible; and houses in the town for our present supply, and although I &illegible; freely adventured my life there is any man whatsoever, and put forth the utmost of my skill, resolution and &illegible; yet I had but a little ground for it, having resolved to give over my foot company to my Lieutenant, which was upon this ground, immediatly after &illegible; &illegible; I was from Northampton sent &illegible; to London upon speciall businesse, by my Colonell, the truly honorable Lord Brooke, and divers of my friends in London, pressed me to give over my foot command, and take the charge of a troop of Horse, in the new Armie, under the Earle of Warwick, unto whom (with a Citizen known to him) I went to desire a Commission for that end, who wished me to bring unto him a Certificate of my fitnesse from any of the Aldermen or Militia men of &illegible; in London, and it should be done, unto whom I went, and had from divers of them upon my bare desiring of it, this which followeth.

VVEE whose names are here under written, being of the &illegible; for the Militia of London, and others, doe upon our knowledge, testifie that Capt. John Lilburn is a man both faithfull, able, and fit to be Captaine of a Troop of Horse (having shewed his valour at the batell of &illegible; as we are credibly informed) unto which service we desire he may be admitted, and for that &illegible; of his friends Citizens of London, will furnish him with horse for that purpose.

&illegible; 11. Novemb. 1643.

&illegible; Worner. &illegible; &illegible; &illegible; &illegible; &illegible;
&illegible; Wright. William Gibbs. Thomas &illegible;
Richard Chambers. John Towse. John &illegible; Knight.
John &illegible;

And after I had goe this certificate before I went for my Commission to the Earle of &illegible; I went to my Lord Brooke, (whom I found at Esses house with the Lord Generall) and after I had acquainted him with my intentions, and desired him to settle my foot company upon my Lieutenant, his Lordship replyed, Lilburn the King is at Coalburn, and I doe verily beleeve, we shall speedily have an other &illegible; with him, and therefore I intreat thee doe nor leave me, and my Regiment now, for I hope we shall be at him, and the wars will be at end before then canst get a troop of horse raised, and therefore if thou leavest me now, I shall thinke thou art either turned covetous, and therefore would have a troop of horse for a little more pay, or else thou act turned Coward, and therefore would leave thy foot company, now when we are going to fight, and J doe beleeve (saith he) shall doe it to morrow; unto which I replyed, my Lord, it is not &illegible; for me to make comparisons with you, but this give me, leave to tell your honour, that because you shall know that I am as free from covetousnesse or cowardlinesse as your selfe, J will take my horse (for all it is so late) and post away to Branford to your Regiment, and fight as resolutely to morrow, as your Lordship shall, although I have already surrendred up my company to my Lieutenant; and promised him to solicite your Lordship to confirme him in it, so away I went, and (I thinke) it was about 9. a clocke at night before I got thither, and this I am sure off, that in the morning when we had the Alarum, all the horse left us, which were about 10 or 12. troops, and Lieu. Col. &illegible; drew out so much of Col. &illegible; Regiment as was there, and that part of our Regiment which was there having neither Col. Lieu. Col. nor Serjant Maior to order and command them, did faire and easily on their owne &illegible; march out of the towne towards London, of which when I heard, I galloped after them, and put them to a stand, at the head of whom, I made the best incouraging speech I could, and &illegible; those Colours that were mine into my owne hands, and desired all those that had the spirits of men, and the gallantry of Souldiers, and were willing resolutely to spend their bloud for the good of their Countrey, and to preserve that honour that they had lately gained at &illegible; battell, to follow mee (who promised not to leave, them, so long as I was able to fight with them) which promise by Gods assistance I performed, and had those whose hearts failed them, to march backe againe to London.

Upon which they all faced about without any more dispute, and I led them up &illegible; the field where their fellow Souldiers the Red &illegible; were, which ground with them we maintained divers &illegible; together in a bloudy fight, like resolved men, although I beleeve, we were not &illegible; effective fighting men against the Kings whole Armie, who hotly plyed us from severall places both in front and &illegible; with &illegible; and &illegible; and we had neither breasts-worke, nor &illegible; nor any other defence, but one little bricke house, and two or three hedges.

And having lost my libertie here in this fight, I endured a hard imprisonment at Oxford, and stood as close to the Parliaments cause there, as any prisoner whatsoever, and I am sure spent not a little money there, and was &illegible; ready to helpe &illegible; poore man to the utmost of my abilitie, as the richest man there, and have divers &illegible; of money that I &illegible; unto the Parliaments prisoners there, to keepe them from starving, yet owing me, but I must confesse at my comming out from thence, my Lord Generall Essex used me the most honourable and noblest of any man, that ever J yet had to &illegible; with in the Parliaments service, which J have often acknowledged, and judge my selfe still obliged in point of gratitude to doe as long as I live.

But having some invitation to goe downe to Lieu. Gen. Cromwell (my old friend that goe me my libertie from the Bishops Captivitie) in the Earle of Manchesters Armie, which I found then at Lincolne with whose men on that day they attempted the storming of the castle there, I freely adventured my life, though I had no particular command amongst them, and after the gaining of that, I was made Major to Col. King, my Commission bearing date the 7. October 1643. and soone after, I had this Commission, I came to London, during which time Col. King imprisoned divers of his Officers, and divers of the townes people, and some of Lieu. Gen. Cromwells Troopers, for assembling together at a private meeting in a most dispitefull and disgracefull manner, so that when I came downe to Boston againe I found all things in peeces which I was so far from fomenting as Col. King, himselfe cannot but acknowledge that I put forth the utmost of my &illegible; to soulder together, and pacified Captaine Cambridge my owne Lieutenant, &illegible; and the honest people in the Towne, who if I had not been, had immediatly &illegible; against him, before ever he had beene well &illegible; in his governmentship, of Boston and Holland. I also rid to Steford to Lieu. Gen. Cromwell, with whom and his officers and Souldiers, I used the best of my interest, to make peace, which I accordingly did, although divers of the Souldiers in Lieuten. Gen. Regiment &illegible; so exasperated, that they were resolved either to lay downe their Armes, or to get him punished for abusing of them, and be comming to the Lieutenant Generall to Steford, was so well pleased with me, and what I had done for him, that he immediatly gave a Commission of his owne making under his hand, to my eldest brother in these words.

BY vertue of a Commission to me directed, from the right honorable Edward Earle of Manchester, Serjant Major Generall of all the associated &illegible; of Essex, Norfolke, &illegible; Lincoln, Cambridge, &c. authorizing me to raise a Regiment of Horse in the County of Lincolne, I doe hereby constitute and appoint you to raise and &illegible; what horse and men you can in the &illegible; of &illegible; on Holland and in the parts of &illegible; in Lincolnshire, and to &illegible; and take all such &illegible; as have beene plundered and sold by Souldiers, and the same to imploy to the service of the Kingdome and Parliament, given under my hand at Steford the 19. day of Decemb. 1643.

Edward King.

To Capt. Robert Lilburn.

And upon farther discourse betwixt him and the Lieu. Gen. who with his &illegible; was shortly to leave Lincolnshire, and &illegible; to his Generall, &illegible; Col. King the &illegible; and fittest man then that he knew in Lincolnshire, &illegible; &illegible; of the &illegible; he and Col. King immediatly sent &illegible; post to the Earle of Manchester at Cambridge, for the &illegible; and inlarging of his Commission, and after I had given the Earle an account as exactly as I could, of things in Lincolnshire, and particularly of his carriage at Boston, which he particularly inquired of me, I rendered him as acceptable as I could to my Lord, out of no other &illegible; in the world, but that the publique affaires might flourish and prosper which J &illegible; much hoped he would be an instrument in part to effect, and I brought him from my Lord a Commission to be governour of the Citie of Lincoln, and the County thereof, and continued an extraordinary and fair, &illegible; &illegible; with him a good while after, till such time that his two &illegible; (the &illegible; of &illegible;) Mr. Lee and Mr. &illegible; set us together by the &illegible; (the proper and true worke of the &illegible; of the most of that &illegible;) which two did add such &illegible; of such to the &illegible; of his pride, that he &illegible; &illegible; &illegible; as an &illegible; and by his &illegible; and the will of his Bishop Lee, would make us march backward and forward as he pleased when and where he had a mind, without calling a Counsell of War to &illegible; with his Officers, whose lives were principally to be ingaged in the things hee went about, the first finder &illegible; with which I my selfe was, and yet at that &illegible; time obeyed the &illegible; from which &illegible; forward the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; and greater, in so much that when we &illegible; &illegible; the &illegible; Newarke, although he received some thousands of pounds of the Lincoln Committee (as some of them have told me) to pay his Officers and Souldiers with, yet (for my part) I could not get one 6. d. of it, although I paid my quarters all the time I was under his command, both for my selfe, wife, &illegible; and horses, and spent above (I dare safely say it) 100. l. of my owne money, besides what I received as my pay from him, although as some of the Committee of Lincoln (doe in the 19, Article exhibited to the House of Commons against him, and now in print, affirme) he hath received vast sums of the Countreys money, amounting to about 10000. l. much of which they say he hath levied in an illegall and &illegible; way, and issued our accordingly.

And although William Prinn be so impudent in the fourth page of his booke, falsly to affirme that Col. King imprisoned and &illegible; me, for my seditious and schismaticall carriages; yet I affirme and will maintaine it, that my carriage was as peaceable, quiet, just and as free from janglings or contestations as any Officer that ever Col. King had under him, and I am confident it William Prinn inquire of the best sort of the inhabitants of Boston, that were not the Col servants and meer creatures, he will heare of a better report of me then of him, and Col. King himselfe will confesse, that he never imprisoned me in his dayes, nor never had any just cause so to doe, and for his cashering of me, I know not that ever he did so, for I my selfe was &illegible; of his company, and forsooke it, but I confesse I did the best I could to &illegible; him, first of his Regiment of horse and Dragoones, which Col. &illegible; had at Newarke, and then secondly of his Governmentship of Lincoln and Boston, and did the best I could to bring him to a Councell of Warre for all his miscariages in his Generallship, as he indeavoured to have himselfe &illegible; (although he was never but a Captain of Dragoons before) & I am confident, had it not been for the interest of his two Chaplains with the Earle of Manchesters two (&illegible;) &illegible; namely Mr. Ash and Mr. Good, whose interest with their Lord J beleeeve in that particular over-ruled his judgement, and truth it selfe, although at Lincoln Citie he was pressed unto it by very considerable persons, in regard that the Committee there had a very high charge against him, and also the &illegible; Aldermen, and towne Clarke of Boston, had another as high, which they came to Lincoln on purpose to present unto his Lordship. And thirdly divers Officers in his Army had a charge as high as either of the former against him, which J &illegible; confident if they could have gotten justice (as they ought to have had at the hands of my Lord being his Generall) would legally and justly have reached to his life, for all the &illegible; flourishes that now he makes, and both Prinn and &illegible; in his behalfe.

But it may be objected by some, that I speake &illegible; out of &illegible; there being &illegible; ground for what I say against him, seeing I and others accuse him for receiving great summes of money of the Countrey, which he never did, and hath already taken his oath of it, and therefore as little truth there is in all the rest as in that.

For answer to which, I shall at present only desire you to read the copie of a few papers which I have lately received from the hands of one of the chiefest of the Committee in Lincoln, and then iudge betwixt Col. King and his &illegible; the copie of which papers &illegible; followeth.

18. January. 1644. at the Committee for &illegible;

Colonel Edward King, according to the letter or warrant sent unto him, &illegible; the 12. day of this instant Jan. appeared before this Committee the day above said, and upon oath declared, that neither himself, nor any other to his use received or collected any monies to the use of the Common-wealth, but only issued out warrants by commission from the Earle of Manchester for the levying of some &illegible; which monies were collected and paid to Mr. Cornwallis, of &illegible; and Mr. Edward &illegible; of &illegible; Treasurers appointed for receiving the same, and that he did issue out warrants to the said Treasurers, for the payment of some of the said monies to the Souldiers, and other Officers, according as he received order from the said Earle, which warrants remain in the hands of the said Treasurer?

Ed. Hartly Reg.

Jan. 9. 1643.

Received the day and year above-written, of The Cornwallis Esquire, Treasurer of the parts of &illegible; and Lindsey, the sum of 1350. pounds, I say received the sum of 1350. pound,

per me Edward King.

To Mr. Cornwallis Treasurer as Lincolne.

I pray you pay upon sight of this Note to this bearer Tho. &illegible; 500. pounds, and this shall be your warrant,

Boston, Jan. 24. 1643.

Edward King.

Jan. 26. 1643.

Thom. &illegible; &illegible; then servant to Col. King.Received by the appointment of Col. King, the sum of 500. l. for the service of the State, of Tho. Cornwallis Esquire, Treasurer to the Committee at Lincolne, I say received the day and yeare &illegible; written, 500. l.

per me Thom. &illegible;

To Mr. Cornwallis Treasurer.

Pay unto the bearer hereof John Cole, the sum of 350. l. and this shall be your warrant, Given under my hand this 26. of Jan. 1643.

Edw. King.

Ian. 26. 1643.

Cole &illegible; then his servant & of his lifegardReceived the day and date abovesaid, of Mr. Cornwallis Esquire, the sum of 350. l. by the appointment of Col. King, I say received the sum of 350. l.

per me Iohn Cole.

To Mr. Cornwallis Treasurer, Ian. the 30. 1643.

Pay unto Mr. &illegible; Commissary, the sum of 200. l. for any use, and this shall be your warrant.

Edw. King.

Received upon the sight of this Note, of Mr. Cornwallis Esquire, at this present, the above mentioned sum of 200. l.

per me Rich. &illegible;

For Mr. Cornwallis Treasurer.

Pay unto Thom. &illegible; upon sight hereof, the sum of &illegible; l. and this &illegible; be your warrant, dated this 6th. of February, 1643.

Ed. King.

Febr. &illegible; 1643.

This Howett was then a me &illegible; servant to him.Received the day and &illegible; above written, of Thom. Cornwallis Esquire Treasurer to the Comittee at Lincoln, by the appointment of Col. King, for the payment of his Souldiers, I say received the sum of 700. l.

Tho. Howett.

To Mr. Cornwallis Treasurer,

According to the order of the Committee of Parliament, I desire you to pay unto Capt. &illegible; &illegible; the sum of 400. l. the 6th of Febr. 1643.

Edw. King.

Febr. 8th. 1643.

Received the day and year above-written, of Thom. Cornwallis Esq. Treasurer to the Committee at Lincolne, the sum of 400. l.

D. &illegible;

To Mr. Cornwallis Treasurer,

This Howett &illegible; then his servant,I pray you pay unto Tho. Howett, the sum of 600. l. and this shall be your warrant, Given under my hand this 13. of Febr. 1643.

Edw. King.

Febr. 18. 1643.

Received of Thom. Cornwallis Esquire, Treasurer to the Committee at Lincoln by the appointment of Colonell King, the sum of 600. l. for the payment of the souldiers, I say received,

per me Tho. Howett.

Sir, I pray pay to Capt Dickons to enable his Troop to match, 95. l. and to Mr. Skipper to pay the State-Regiment at Gainesborow 400. l. I hope in this strait you will be carefull to use all diligence to get up monies, I remaine,

Your most faithfull friend

Edward King.

Sterford the 26th. of February 1643.

Received of Mr. Thom. Cornwallis, by the appointment of Colonel King, the sum of 95. pounds, this 26. of Febr. 1643.

per me Will. Dickons.

Febr. 27. 1643.

Received the day and year above-written by me Rich, Skipper, of Mr. Cornwallis Treasurer, by &illegible; of Colonel Kings order for his use, the sum of 400. l.

per me Richard Skipper,

Mr. Cornwallis I desire you to pay this bearer upon sight hereof, the sum of 100. pounds, for the service of the State,

Sterford this 28th. of Febr. 1643.

Edw. King.

Febr. the 29. 1643.

his servant,Received the day and year abovesaid of Tho. Cornwallis Esquire, according to him directed from Colonell King, for the use of the State, the sum of 100 pound, I say received the sum of 100. l.

per me Rich. &illegible;

To Mr. Cornwallis Treasurer.

I pray you &illegible; unto Tho. Howett, the sum of &illegible; l. and this shall be your warrant, Given under my hand this 8th. of March, 1643.

March, the 18th. 1643.

Received by the appointment of Colonel King towards the payment of his Souldiers, the sum of two hundred pounds, I say received the said sum of Tho Cornwallis Esquire, Treasurer to the Comittee at Lincolns,

per me Thomas Howett.

To the Treasurer to the Committee at Lincoln, Tho. Cornwallis Esquire.

These are to require you forthwith to pay unto the bearer hereof &illegible; &illegible; the sum of two hundred pounds, and for so doing this shall be your &illegible;

Given under my hand this 26th of March, 1644.

Edward King.

March 26. 1644.

Received this day of Thomas Cornwallis Esq. two hundred pounds, according to this Note,

per me Sam. Leight, witnesse Rich. &illegible;

March, 27. 1644.

Received of Thom. Cornwallis Esquire, the sum of 293. pounds, I say received.

Edw. King.

11. Novemb. 1643.

Mr. Watson pay unto Mr. Parnell 30. pound for my use, and this shall be your warrant,

Boston,

Edward King.

11. Novemb. 1643.

Received in full of this warrant 30, pound,

per me Thom. &illegible;

After all these &illegible; with Col. King, I ceased to be his Maior, and was afterwards made Lieut. Col. to the Earle of Manchester: Regiment of &illegible; my commission bearing date the 16. of May, 1644. with whom I served faithfully and honestly, and being over active, his Lordship (in a manner) spoyled a souldier of me, by his abosing of me about the taking in of Tickhill Castle; which made me many times and often desirous to throw up my Commission before ever the new Moddle was mentioned; but Lieut. Gen. Cromwels &illegible; of &illegible; to the &illegible; made me hold it, much against my own mind, and then when the new Moddle came, he would have had me to continue, but I could him, I could not, in regard the Parliament had voted that all the officers in that modle must take the Covenant, which I could him I could not doe, and besides, I could him that I had &illegible; the Parliament faithfully out of a principle of conscience, (which to me was a greater, tie then all the humain &illegible; in the world,) and never to my knowledge had given them just cause to distrust me, and if now after so much experience of my faithfulnes they distrusted me, I was resolved not to serve a &illegible; matter: so I was totally left out.

Whereupon my thoughts were fixed upon going into Holland, to follow my trade for my living, and having some money by me, I began to think about laying it out upon cloth, but enquiring after the state of that trade, I &illegible; it locked up under the unjust and tyrannicall &illegible; he of a company of &illegible; &illegible; (&illegible; called &illegible; Adventurers) who by an illegall &illegible; &illegible; &illegible; the &illegible; Seale of England, had ingrossed the sole trade of cloth, and all woollen &illegible; the Low-Countreys, into a few lawlesse &illegible; hands, by meanes of which, they deprive not onely all the free men of London, &c. of the benefit of their freedome, and that which &illegible; their right as really as their cloaths they weare, but also set up a thing that is destructive to the welfare of the whole Kingdome, as particularly, their foundation is not upon a law made by common consent in Parliament, (and therefore uniust and illegall) as is largely declared in my iudgement throughout the whole petition of Right, but meerly founded upon the bases of Prerogative, backt with the broad Seal of England, and truely, I would that those Gentlemen that stile themselves Marchant Adventurers, would remember that the Earle of Strafford had as much to iustifie himself in his proceedings, and did many times produce the Kings hand and Seal, to authorize him to do what he did, and to warrant him in the acting thereof; and yet notwithstanding because he acted arbitrarily, against the sence and mind of the law, to the ruine and destruction of the freedome of the people, he dyed as a Traytor for so, and for my part I am of the same iudgement, that the chief procurers and preservers of this Monopoly, do deserve as much as &illegible; for first, they have acted, and still do, against the known Law of this Land, as the Author of a late printed book, called a discourse for free trade, in the 6. 7. 12. 39. 43. pages of his book doth clearly prove.

Secondly, They have not onely acted against the law for many years together, but they have (by vertue of their illegall patent) assumed to themselves as arbitrary a power, as ever Strafford did, yea, and a legislative power to make laws, as if they were &illegible; absolute and intire Parliament, as appears in his 13. page. first by that wicked oath of their owne framing, which they impose upon all that will be one with them, the words of which thus follow.

You swear by &illegible; God, to be good and true to our Soveraigne Lord the King that &illegible; it, and to his Heires and Successors Kings of this &illegible; you shall be obedious and assistant to Mr. Governour, or his Deputy, and assistants of Marchant-Adventurers, in the parts of Holland, Zealand, &illegible; &illegible; and within the &illegible; and Marches of &illegible; as also in East-Freezeland, or any other &illegible; or &illegible; on this or that side the Seas, where the said Company are or shall be priviledged. All statutes and ordinances not repealed, which have been made, or shall be made by the said Governour, or his Deputy and Fellowship, you shall to your best knowledge truly hold and keep in singular regard to your self, in hurt or &illegible; of the Common-wealth of the said Fellowship, or else bring condemned, and orderly demanded, shall truly from time to &illegible; content and pay unto the Treasuree for the time being, all and every such &illegible; and penalties which have and shall be limitted and set for the transgressors and &illegible; of the same.

The &illegible; and privities of the aforesaid Fellowship you shall seal, and not &illegible; and if you shall know any person &illegible; &illegible; &illegible; intend any hurt, &illegible; or &illegible; to our Soveraigne Lord the King, &illegible; unto his Lands, or to the fellowship aforesaid, or the priviledges of the same, you shall give knowledge thereof, and doe it to be known to the said Governour, or his Deputy: and you shall not colour or &illegible; any &illegible; goods, which are not free of this Fellowship of Marchant-Adventurers of England. It help you God.

Besides which oath, they have an other called a &illegible; oath; of their owne making, which are to them in the nature of Statutes and these they force and compell men to take, and detaine mens freedomes from them if they refuse to &illegible; the former, although they have served faithfully 7. or 8. yeares apprentiship to masters of their owne or the like Corporation; by meanes of which, they doe (as much as in them lyes) destroy them, and all that depends upon them.

Thirdly, they assume to themselves an arbitrary power, to impose sines at their pleasure upon the freemen of England against their will, (yea, and contrary to law, iustice, equitie and reason) read pag. 15. 30. 31. 34. all whose practises in that booke specified, tends not only to the subvertion of the law, the &illegible; of an arbitrary power, but also the inslaving and impoverishing of the people, and the ruining and destruction of the Kingdome, and so (in my apprehension) &illegible; within the limits of Straffords charge, and that their practises doth tend to the inslaving of the people, and the ruine of the Kingdome, I prove thus.

1. They restraine all men to trade but themselves.

Secondly, They have restrained the shipping of cloth, only to those certaine times which they are pleased to nominate.

Thirdly, They have restrained the shipping of cloth in any other ships but their owne.

Fourthly, They have restrained the landing of cloth at any place but Rotterdam.

Fiftly, They have restrained the selling of cloth there at any other times, &illegible; when they please.

Sixtly, They have restrained the buying of any more cloth, but such a number as they are pleased to appoint.

From which bondages and slaveries, follow these mischiefes to the Kingdome.

1. By this meanes, they extraordinarily bring downe the prices of Cloth &illegible; and that I make appeare two wayes, first, In that they stint the number of cloths that shall be sent, which is not one for many that would be sent if trade were open, so that thereby they can picke and chuse, and buy at what rates they please. 2. they take such courses amongst themselves by shipping at certaine times, by meanes whereof in all the intervenings betwixt their shippings, they have advantages to beat the poore Clothiers downe to their owne rates, and to buy of them when they please, and at what rates they please, being that most Clothiers are not able to keep their cloths upon their hands, no, nor to follow their trades, unlesse they have a present market, which is a mischiefe not only to the Clothiers, in lessening their prices, but it is a mischiefe to those that breed sheepe, and to the owners of land themselves, for if cloth he cheap, wooll must needs be cheap, yea, and sheep also, and consequently land likewise.

Againe, when they have bought their cloth, no ships must carrie it but their owne, which is a mischiefe first to &illegible; in Generall, &illegible; that hereby none shall be imployed but they that will be their slaves, and be content with what wages they will give them, and observe such rules &illegible; they will have them, besides, this is a mischiefe to every Merchant that hath not a part in those ships, because they force every man to pay almost double &illegible; &illegible; what he might have it carried for &illegible; another ship, if hee were left to his &illegible;

3. They land it all at Rotterdam, where they will keep their ware-house doors &illegible; and not sell one peece of cloth, till they &illegible; get their owne price, which &illegible; times &illegible; 50. l. or 60. l. profit in the hundred, and sometimes more, by in &illegible; of which in hansing of cloth, beene thereby inabled to sell it at &illegible; high rates, the Hollander is incouraged to set up a trade of making Woollen-cloth, Shoes, Stockings, &c. although he be sorted to pay excessive rates, both for workemanship and materialls (in comparison of &illegible; in England) having little of himselfe, but what he hath from other parts at deare rates, but in regard our &illegible; Marchant-Adventurers, (the destroyers of mankind) sell their cloth at such excessive high rates there, the Hollander is able to sell as cheap as they, and to make ten cloths for one, that formerly he used to doe, read page 26. and if Flanders should tread in the Hollanders foot steps, what would become of our cloth trade? therefore, down with these destroying, wicked, and devouring Monopaliting Marchant-Adventurers, who are as great enemies (in their Kind) to the peace and prosperitie of this Kingdome, as ever Strafford and Canterbury went, and therefore let us have a free trade, for they by their wicked and England destroying practices, have trayterously undermined the basis and foundation of our Common Wealth, and given away our cloth trade, our riches and Sinews to the Hollander, impoverished, inslaved and depopulated our Kingdome, by sending thousands of our Natives, and Handycraft Trades-men over thither, to follow their callings (for the profit of strangers) meerly to get bread for subsistance I because in the land of their &illegible; they were ready to slaeve for want of imployment, whereas a free &illegible; one or two yeares space would fetch them all backe againe, and thereby re-impeople our owne Countrey, to furnish them and thousands more poore people here, with fulnesse of imployment, and in a little season restore us to the sole making of cloth, and (in a manner) wholy destroy the Hollander? great cloth making trade; for if trade were &illegible; and this destructive Monopoly downe, it would not only increase &illegible; &illegible; &illegible; of cloth making in England, and also &illegible; the price of &illegible; here, by reason there would be many more buyers, which would be not only againe to the Clothier, and also to the Farmer, but by consequence to the Land owner, and which by reason of multitudes of trades, (who would be content with a &illegible; gaine) that so they might returne their money quicke and often, which would lessen the price of cloth beyond &illegible; and by consequence beare it so low, and yet bring in a &illegible; gaine, that the Hollander must be forced to give over his great trade of cloth-making.

A second thing besides all these things which is very considerable &illegible; this, &illegible; by reason of this Monopoly, A few men have &illegible; only the sole exporting of Woollen Commodities there, but will in a little time (if continued as they have began &illegible;) have the sole importing of all commodities from thence, by &illegible; whereof, they will make us at home buy them of them at what rates they please, but if trade were open, &illegible; will be sold at lesse by &illegible; &illegible; in the 100 then I am confident they sell in house them 100.)

A third thing considerable is this, that &illegible; can not well be made without &illegible; &illegible; none whereof (&illegible;) the Hollanders hath, but what they have out of England, the sending away of which, by the law of this Land (if I be &illegible; &illegible;) is &illegible; but &illegible; &illegible; &illegible; &illegible; &illegible; to stands &illegible; with the &illegible; of the &illegible; &illegible; &illegible; to &illegible; for &illegible; it over, &illegible; &illegible; of them (as same reports) makes &illegible; &illegible; themselves by so doing, &illegible; &illegible; as they to &illegible; their businesse, being all their &illegible; are &illegible; Rotterdam, &illegible; they in a &illegible; of comming to the knowledge of transgressory in that kind, being all the rest of the ports in Holland are open for them to land &illegible; whereas &illegible; the trade were free, Factors would be dispersed to every port in Holland, whose interest and profit would then tye them to have a care to watch every man, that should bring Fullers earth ever thither; because the preventing of which, would &illegible; the Hollander to make cloth, and so England might have the sole trade &illegible; themselves.

A fourth thing considerable is this, that this Monopoly &illegible; all the rest of Marchants, Saylors, Clothiers, Clothworkers, Spinners, &c. and inableth the Monopolizing Marchants, in a prerogative, arbitrary and tyrannicall manner, both to King it and Lord it over the rest of their &illegible; and makes thousands and ten thousands to become very poore men, and &illegible; &illegible; meerly to make themselves rich, although they be both as honest, as free, and free &illegible; as themselves, which meanes with others of the like nature, hath (in my Iudgement) been the only instrumentall cause of all the wars and miseries in England at this day, for this Monopoly and others (making the Monopolizers rich) makes them the great men in the Common Wealth, and wofull and sad &illegible; &illegible; &illegible; &illegible; when any tryall of then &illegible; to the publique &illegible; (being acted by the principalls of &illegible; themselves) makes them easily without contest, &illegible; to all kind of &illegible; &illegible; pression of what &illegible; &illegible; and so betray the liberties of the whole Common-Wealth, and by their examples lead others into the same wickednesse with &illegible; witnesse their willing &illegible; from time to time unto &illegible; Money, &illegible; &illegible; Money, Knight Money, Ship Money, coate and Conduct Money, &illegible; of all &illegible; &illegible; and all manner of &illegible; &illegible; &illegible; &illegible; would impose a for if they had nor &illegible; slaves, such tyrants as Strafford and &illegible; &illegible; could me &illegible; &illegible; them not the Common-Wealth.

So that (J &illegible; conceive) I may Iustly say of them and their &illegible; &illegible; Mr. Iohn &illegible; the 13. page of his speech, April 12. 1641. said of the Earle of Strafford, &illegible; that they are &illegible; with the peace, the Wealth, the &illegible; of a Nation, and that their practices are destructive to justice, the &illegible; of &illegible; to industry, the spring of wealth, no value which, is the &illegible; &illegible; &illegible; the prosperitie of a Nation can only be procured, confirmed and inlarged.

Their practices in taking away &illegible; rights and freedoms, being not only &illegible; to &illegible; away peace and so &illegible; the Nation with wars, but doth corrupt &illegible; and &illegible; such a malignity into it, &illegible; produceth the effects of Warre; therefore in the next page, (&illegible; &illegible;) as for industry and &illegible; who will take &illegible; &illegible; that, which when he hath gotten is not his &illegible; Or who will fight for that wherein he hath no other interest, but such &illegible; &illegible; to the wall of &illegible;? the ancient incouragement to men, that were to defend their Countreys &illegible; this, that they were to hazard their persons for that which was their owne, (namely say I) their liberties, freedomes, &illegible; and properties, but by this &illegible; way &illegible; Monopolizing Marchants, &c. (which hath &illegible; &illegible; &illegible; &illegible; in England) no man hath any &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; freedome, or &illegible; of any thing else &illegible; his owne, but he goes &illegible; and saith &illegible; such &illegible; &illegible; have an ill opinion upon the courage of a Nation, by &illegible; the &illegible; of the people: A servile condition doth for the most part beget in men a slavish &illegible; and disposition, those that live so much (say I) under the whip and servile Engines of Monopolizing Marchant Adventurers, &c. as were, and still are frequently used by them, (as he saith) may have the dreggs of valour, sollennesse, and stubbornnesse, which may make them prone to mutinies and &illegible; but those noble and gallant affections, which put men on brave designes and attempts, for the preservation and inlargement of a Kingdome, they are hardly capable off.

Therefore (saith he there) shall it be treason to embose the Kings coine, though but a peece of 12. d. or 6. d. and must it not needs be the effect of a greater treason, to embose the spirits of his Subiects, and to set a stamp and Character of servilende upon them, whereby they shall be &illegible; to doe any thing for the service of the King or Common wealth.

He goes on, and in the 15. page. he lays downe the great argument of &illegible; that may presse the letting loose of an Arbitrary practice over free men, the same that is now obiected for the Marchant Adventurers, that they are rich men and the state in great necessitie, and they able to furnish them with great sums of money.

But he answers when war threatens a Kingdome, by the comming of a &illegible; &illegible; it is no time then to discontent the people, to make them &illegible; of the presone Government, and more inclinable to a change, the supplyes which are to come in this way, will be unready, uncertaine, there can be no &illegible; of them, no dependance upon them, either for time or proportion, and if some money be gotten in such a way, the distractions, divisions, distempers, which this course is &illegible; to produce, will be more &illegible; to publique safety, then the supply can be advantagious to it.

And this I am confident daily experience will witnesse, that this way of getting money, is the only way to get a &illegible; and loose a shilling besides the &illegible; of the hearts and cordiall affections of all the people, that are &illegible; by such an &illegible; course as this is which is exceeding dangerous in times of distraction, there being no way in the world so durable and safe, and so effectuall to &illegible; a people to a distressed &illegible; &illegible; a loving and &illegible; carriage, cordiall respect, and universall iustice, without regard of persons, and I say, and will maintaine it whosoever he be, that in his actions and &illegible; them &illegible; and practises the contrary to these principles, is no friend to common freedome and iustice, &illegible; a &illegible; or Scholler to &illegible; whose principall it is, that Princes (and &illegible;) &illegible; to &illegible; at &illegible; not in, but over their Subiects (and people) and for the archieving of the &illegible; ought to &illegible; to themselves, no greater good, then the spoiling and &illegible; the spirits of &illegible; Subiects (and people) not no &illegible; &illegible; &illegible; common freedome, neither ought they to &illegible; and perish any servants, but such as are &illegible; fit for &illegible; and oppression, nor depresse and prosecute any as enemies, but such as are gracious with the populary for noble and gallant acts, a fit character for our times.

And therefore to this purpose &illegible; of observation, is that passage in the &illegible; page of the &illegible; observations, upon some of his Maiesties late answers and expresses, the words &illegible; follow, to be a delight to &illegible; &illegible; is growne &illegible; with Princes, to be publique &illegible; and &illegible; and to &illegible; &illegible; those Subiects whom by &illegible; they ought to protect, it held Cæser-like, and therefore &illegible; Borgins by &illegible; crueltie and treachery hath gotten &illegible; in the Calender of &illegible; and of spirited Heroes, and our English Court of late years hath drunk &illegible; of this &illegible; poison, for either we have seen favorites raised to poll the people, and taxed again to pacify the people, or else (which is worse for the King and people too) we have seen Engines of mischief, preserved against the people, and upheld against law, meerly than mischief might not want incouragement.

But to return again to Mr. Iohn &illegible; speech against Strafford, which speech of him with Mr. Solicitor St. Iohns speech against ship, money, and also Judge &illegible; and Iudge Crooks argument against Ship-money in Mr. Iohn Hamdent case are worth evevery honest English mans buying to keep in his house, that he may learn something out of them, what by nature he is borne unto, and what is the end and foundation of governement, and in his 18th. page he saith, that Straffords crime is an offence that it contrary to the end of Government, the end of Government was to prevent oppressions, to limit and remain the excessive power and violence of great men, to open the passages of Justice with indifferency towards all, this arbitrary power is apt to induce and incourage all kind of insolencies. Another end of government (saith he) is to preserve men in their estates, to secure them in their lives & liberties it is the end of government that vertue should be cherish, &illegible; supprest, but where the arbitrary and unlimited power is set up, a way is open, not only for the security, but for the advancement and incouragement of evil, such men as art opprest for the execution and maintenance of this power, are only capable of preferment, and others who will not be instruments of any uniust commands, who make a conscience to do nothing against the laws of the Kingdome, and liberties of the Subiect, are not only not passable for imployment, but subiect to much iealousle and danger; this may I say &illegible; my own particular, is one of the &illegible; sayings in all this speech.

Again (saith he) it is the end of government, that all accidents and events, all counsels and designes should be improved to the publique good, but this arbitrary power is apt to dispose all to the maintenance of it self, the wisdom of the Councell. Table, the authority of the Courts of Iustice, the industry of all the officers of the Crowne have been must carefully exercised in this, the learning of our Divines, the &illegible; of our Bishops, have been moulded & disposed to the same effect, which though it were begun before the Earl of Straffords imployment, yet it hath been exceedingly furthered & advanced by him, and say I, is still to this day, prosecuted by many of his disciples and schollars in great places, both Clergy men and others, and particularly the Monopoly-Marchant Adventurers, therefore I say againe downe with &illegible; and give them Straffords reward.

He comes to the &illegible; &illegible; where he laies down one of the Earl of Straffords obiections, which is, that he is a Counsellor, & might not be questioned for any thing which he advised his Maiesty according to his Conscience, the ground is true, there is a liberty belongs to Counsellors, and nothing corrupts counsell &illegible; we then fear, he that will have the priviledge of a Counsellor, must keep within the iust bounds of a Counsellor, those matters are the proper subiects of counsell, which in their &illegible; and occasions may be good or beneficiall to the King or Common wealth, but such &illegible; as these, the subversion of the laws, violation of liberties, they can never be good or iustifiable by &illegible; circumstance or occasion, and therefore &illegible; being a Counsellor, makes his fault much more &illegible; as being committed against a greater trust, and in a way of much mischief & danger, lest his Maiesties Conscience and iudgement (upon which the whole course and frame of his government do much depend) should be poysoned and infected with such wicked principles and designes; And this he hath endeavoured to doe, which by all laws, and in all times hath in this kingdome been reckoned a crime of an high nature.

I come now to his 25. page, where he laies it to the Earl of Straffords charge, that he had often insinuated it unto the King, that he by his own will may lay any tax or imposition upon his people, without their consent in Parliament, this hath now (saith Mr. John &illegible;) been five times adiudged by both Houses, in the case of loanes, in condemnning the Commission of excise, in the resolution upon the saving, offered to be added to the petition of right, in the sentence against Manwaring, and now lately in condemning the Ship-money, and if the Soveraign power of the King can produce no such effect as this, the obligation of it is an aggravation, and no &illegible; of his offence, because hereby he doth labour to interest the King against the iust grievance and complaint of the people: now I say, if the King cannot by his own will lay fines and impositions upon his people, much lesse can the Marchant-Adventurers doe it, therefore they deserve exemplary punishment for practizing such a thing as this is, which they constantly do, especially seeing they know very well it hath been so often condemned as illegal and uniust in the King, and urged upon the Earle of Strafford, at an aggravation of his treason.

Again in the second place, seeing they know that the petition of Right doth condemn the King and his Privie Councell for making and administring of oaths, not made by common consent in Parliament, and seeing the Parliament (as they very well know) was lately so hot and angry or the Bishops and their convocation, for assuming unto themselves the boldnesse to make an oath, although they were invested with a more colourable authority to iustifie them therein, then these can pretend; how exemplary ought the punishment of these men to be, for their &illegible; and boldnesse after the knowledge of all this, to force and presse upon the freemen of England an oath, of their owne framing and making, yea, and to keepe their freedomes from them, because (out of Conscience) they dare not take them, which at this present day is the condition of one Mr. Johnson, late servant to Mr. Whitlocke, one of the &illegible; Country Monopoliting Marchants, which is all one in nature with the Monopoly of Marchant-Adventurers.

Againe I desire it may be considered, that if they had a legall power to make an oath (as they have not in the least) yet their oath for the matter of it, is one of the most wickedest that I have read or heard of, for if you observe it, it ties those &illegible; take it to be obedient and assistant to Mr. Governour, or his Deputy, and Assistants of Marchant Adventurers, in all places where they are, or shall be priviledged. All Statutes and Ordinances not repealed, which have been made, or shall be made, by the said Governour, or his Deputy and Fellowship, you shall to your best knowledge truly hold.

I am confident that neither all the oaths established in England by law, nor any one of them &illegible; so absolutely and &illegible; as this, for here is no caution so farre as it is iust, or so farre as it is according to the word of God, or so farre as it is agreeable to the lawes established, in England, so that I dare boldly say it, that Mr. Governour of this Monopoly, takes a &illegible; absolute &illegible; and unquestionable power upon him, &illegible; any King of England that I &illegible; of fince William the Conquerer.

Secondly observe, This oath tresmen to be Rebels (point-blanke) against the law of England, established by common consont, which will not give to the King himselfe, the power here exercised, much lesse to Mr. Governour of the Marchant-Adventurers, who is but one of his subiects.

Thirdly observe, this oath ties those that take it, to be papists, in some &illegible; for they must swear by an implicite faith, to be observant in what Mr. Governour &illegible; establish, though it be never so unjust, or else they are perjured: for my part my judgement is freely this, that the gallower, is too good for the framers, &illegible; and shickt prosecutors of this oath; and to my understanding the desires of theft men, are either to make England a land of slavery, ignorance, and beggery, or else a land of perjury: therefore my advice to those Marchants and other Free-men of England, that petition against these Monopoliters, for the taking away their patent, it this, that they would not only doe that, but also that they would draw up a charge by way of Articles against them, that they may receive aswell as Strafford a legall tryall for their lives, and likewise for all their estates, for all their illegall and arbitrary practices, which they have exercised for so many yeares by past as they have done, to the ruine and destruction of thousands of honest men in this Kingdome, and to the damage and detriment of the whole Land; yea, and that they would resolve to follow them with as much eagernes as ever they did Strafford, when they shut up their shopps, and by thousands went to Westminster daily to &illegible; for Justice against him: For the Parliament in the first of their Remonstrances, dated 15. &illegible; 1642. beginning in the 3d. page of the book of Declarations, &illegible; up the benefits that this present Parliament had done the Kingdome, and amongst other things, they say there in the 14. page; The Monopolies are all supprest, whereof some few did prejudice the Subject above a million yearely, the &illegible; &illegible; hundred thousand pounds, the wine three hundred thousand pounds, the &illegible; must &illegible; exceed both, and sale could be no lesse then that, besides the inferiour Monopolies, which if they could be exactly computed, would make up a great sum.

That which is more beneficiall then all, is this, that the root of these evils is taken away, which was the arbitrary power pretended to be in his Majestie, of taking the Subject, or charging their estates without consent in Parliament, which is now declared to be against law, by the judgement of both Houses, and likewise by &illegible; of Parliament.

Another step of great advantage is this, the living grievances, the evill Counsellors and actors of these mischiefes have been so quelled by the justice done upon the Earle of Strafford, the flight of the Lord &illegible; and Secretary &illegible; the accusation and imprisonment of the Arch-Bishop of Canterbury, of Judge &illegible; and the impeachment of divers other Bishops and Judges, that it is &illegible; not onely &illegible; be an ease to the present times, but a preservation to the future.

But it may be objected, that the ordinance of this present Parliament is for the continuance of this Company, and therefore it is not so great an evill &illegible; you speak off.

To which I answer in the first place, in the very words of the fore-mentioned book, this (under correction) cannot hold plea, for the said ordinance passed with this proviso and clause of (reservation by the wisdom of both Houses) that all rights confirmed by act of Parliament, or ancient Charters, should be thereby saved, so that it is rightly conceived, that this ordinance is not binding, not of any restraining nature.

Secondly, The Parliament hath declared in most of their Declarations, that all their intentions and designes are and shall be for the maintaining the lawes and liberties of England, and for making the people more free and happy &illegible; But not lesse free and more miserable; read their declaration about the preservation of Hall, and there you shall in the book of declarations pag. 458. 459. find these words, that as in all our indeavours since this Parliament began, we intended wholy the advancement of his Majesties honour and safety, and there gaining of the ancient (though of late years much invaded) rights, lawes, and liberties, being (as they there affirme) the birth-right of the Subjects of this Land; And in the next Declaration, they reckon up a great many of his Majesties then present actions, which they there say rends necessarily to the losse of our libertie, and the subversion of the law of the Kingdome; and further they therefore, that the King and his evill Counsellors, have designed all to slavery and confusion, in the opposing of all which (pag. 464.) they desire the concurrance of the well disposed Subjects of this Kingdome, and shall manifest by their courses and indeavours, that they are carried by no respects but of the publique good, which they will alwaies preferre before their owne lives and fortunes; And when their troubles did increase upon them, and the King begins to declare that he is in good earnest indeed, pag. 497. 498. they say, therefore we the Lords and Commons are resolved to expose our lives and fortunes for the defence and maintenance of the just &illegible; and liberties of the Subject, &c. and therefore we do here require all those who have any sence of piety, honour or compassion, to help a distressed State, especially such as have taken the protestation, and are bound in the same duty with us, unto their God, their King, and Countrey, to come in to our aid and assistance. And therefore I dare not let it have entertainment in my heart, that the Parliament werein jest when they made these Declarations, or that they never in truth intended what they here have said, but in my apprehension, if they should by a law or ordinance establish the fore-mentioned oppression, and England destroying Monopoly, they should overthrow the law of the land, and the libertie and freedome of the People, for the proof of which &illegible; the 12. H. 7. and the 3. &illegible; the words of this last Statute especially, carry weight and strength with them, and thus followeth. Whereas divers Marchants have of late obtained from the Kings most excellent Majesty, under the great Seal of England, a large Charter of incorporation for them and their Company, to trade into the Dominions of Spaine and Portugall, and are also most earnest suitor, to obtain the like from his said Majesty for &illegible; whereby none but themselves, and such as they shall &illegible; as being more Marchants, shall take the benefit of the said Charter, disabling thereby all others his Majesties loving Subjects of this Realme of England, and Wales, who during all the time of her late Majesties &illegible; were in &illegible; respects greatly charged, for the defence of their Prince and Countey, and therefore ought indifferently to enjoy all the benefits of this most happy peace. And also debarring them from that free enlargement of common traffique into those Dominions, which others his Majesties Subjects of his Realme of Scotland, and Ireland doe injny, to the manifest impoverishing of all owners of ships, Masters, &illegible; Fisher-men, Clothiers, Tuckers, Spinsters, and many thousands of all sorts of handy crafts men, besides the decrease of His Majesties Customes, Subsidies, and other impositions, and the ruine and decay of Navigation, together with the &illegible; of our woolls, cloth, cotne, and such like commodities; &illegible; and growing within this his said Maitsties Realme of England, and the inhansing of all French and Spanish comodities, by reason of the insufficiencie of the Marchants, they being few in number, and not of abilitie to keep the great number of our ships and &illegible; men a worke, and to rent the great store of commodities, which this His Maseshes Dominion of England doth yeeld. And by meanes that all owners and &illegible; with divers others, (if these incorporations should continue) shal be cut of from their ordinary meanes of maintenance and preserving their estate. And finally by reason that all French and Spanish commodities shall be in a few mens hands: In respect whereof, as for many other &illegible; growing thereby, much hurt and preiudice must needs redeund to all His Maiesties loving Subiects of this his highnesse Realme of England, if reformation for the prevention of so great an evill be not had in due time: For remedy whereof, be it inacted by the Kings most excellent Maiestie, the Lords Spirituall, and temporall, and Commons in this present Parliament assembled, and by the Authoritie of the same, That it shall and may &illegible; lawfull to & &illegible; his Maiesties Subiects of this his highnes Realme of England and Wales from henceforth at all times to have free libertie to trade into and from the Dominions of Spaint, Portugall and France, in such sort, and in &illegible; free a manner, as was at any time, sithence the beginning of this his highnesse most happie reigne in this his Realme of England, and at any time before the said Charter of Incorporation was granted, paying to the Kings most Excellent Maiestie, his Heires and Successors, all such customes, and other duties, as by the Lawes and &illegible; of this Realme ought to be paid and done for the same, the said Charter of Incorporation, or any other Charter, Grant, Act, or any other thing else heretofore made or done, or hereafter to be done, to the contrary in any wise notwithstanding.

And that it is against the libertie of the people, the loud cry that was against this and all such like parents at the beginning of this Parliament, doth declare, &illegible; and the continuall cryes of the generallity of the people of the land in all Parliaments against it, and the many and divers &illegible; of severall Countyes, and multitudes of severall sorts of Citizens lately exhibited to the Parliament &illegible; fully declare, and for my part, were it that these present unjust Monopolizers had &illegible; the whole burthen of the &illegible; in England themselves, and all other men &illegible; nothing for the Parliament, I thinke there had beene some grounds for them to have desired the Parliament to have made them Lords and Kings, and all other men slaves but themselves &illegible; but in regards: that many others of &illegible; &illegible; he have beene far more forward in laying out themselves and estates for the publique good, then they who for the most part of them, have rather believed themselves like &illegible; then &illegible; and true Patriots to their Countrey. I &illegible; &illegible; but all these true and constant well affected Englishmen that &illegible; by them should looke upon them &illegible; to the peace, freedome, and &illegible; of our &illegible; &illegible; and &illegible; by all just &illegible; &illegible; &illegible; &illegible; the Parliament, to make them all at least Hewers of wood, and drawers of water, and I hope &illegible; long, seen: honest and flout Commanders that are behind hand for their &illegible; that have been venturing their lives abroad, while they have beene making us slaves at home, will ioyne together to the Parliament in a petition for the Arreats, of themselves, and Souldiers, and for want of other supplyes, earnestly to desire that the Merchant Adventurers may be forced to pay into the State the 18; 295. 1. mentioned in the foresaid booke, page 48. and all other sums of money that they have illegally levited, by their illegall patent under the broad Seale of England; and I hope some honest Common Wealths man, will presse that clause of Mogna Charta home to the Parliament, which saith, Justice and Right we will sell to none, we will deny to none, that so they may not compound for a lesser sum, then that which by Iustice, Equitie and Right, the Kingdome ought to have from them.

Againe if Strafford and Canterbury, had so heavie a doome, for perswading Regall power only to subvert the lawes and liberties of England; what doe these men deserve that have seene their punishment before their tyes and yet endeavour with all their might to perswade Parliamentary power to make us slaves by a law? after we have spent the blood of so many thousand gallant English men for the preservation of our freedomes, for saith the Parliament in their Declaration, page 694. whatever be our inclination, &illegible; would be our condition, if we should got about to overthrow the lawes of the land, and the propriety of every mans estate, and the libertie of his person, all three of which (I aver it) the Monopolizing Marchant Adventurers have done for many yeares together, without any remorse of conscience, and their latter practises are worse then the beginning, in regard their indeavours tends to the putting the Parliament upon that which is contrary to the nature of the trust reposed in them by the &illegible; Kingdome, which according to their owne words page 150. is to provide for the weale of the people, but not for their wot, which principle, it notably discussed by the Author of the printed observations upon some of his Majestles late answers and expresses (who it commonly repured to be one in a speciall manner to be imployed by the Parliament) who saith page 1. speaking of the King whose Regall power the Parliament now executes, (and therefore the people have just ground to be very watchfull that no &illegible; by them be made upon their liberties, that nature, reason, and the freedomes of the fundamentall lawes of England, invest them with) we see that power is but secondary and &illegible; in Princes, (and say &illegible; counsells likewise) the fountaine and efficient cause is the people, and from hence the inference is iust, the King though he be &illegible; &illegible; (that is the single greatest) yet he is &illegible; &illegible; minor (that is the universall lesse or lesser then the whole) (for saith he) if the people be the true efficient cause of power, it is a rule in nature, that whatsoever is the efficient cause of a thing, made is greater then the thing that is made, and hence it appeares that at the founding of Authorities, when the consent of Societies conveys rule into such and such hands, it may ordaine what conditions, and prefix what bounds it pleases, and that no disolution ought to be thereof, but by the same power it had its constitution, and for my part I say it is contrary to nature, and the end of trust, that the trusted, should doe him that trust a mischiefe by it, as the Monopolizing Marchant Adventurers would have the Parliament to doe, bee goes on and saith, the King acknowledgeth by his Coronation oath, &illegible; it &illegible; to protect his people, (the same duty say I, the Parliament &illegible; more &illegible; relation owes to those that chuse them) and (saith he) I hope under this &illegible; protect, he intends nor only to shield us from all kind of evill, but also to &illegible; us to all kind of politicall happinesse according to his utmost power, and I hope he holds himselfe bound thereunto, not only by his oath but also by his very office, and by the end of his severaigne dignitie.

Therefore (saith he) if Ship-money, if the Star-Chamber, if the High Commission, if the Votes of the Bishops, and popish Bords in the upper House &illegible; inconsistant with the well face of the Kingdome, not only honour but justice it &illegible; challengeth that they be abolisht, the King ought not to account that a profit or strength to him, which is a losse and wasting to the people, not ought he to thinke that &illegible; to him, which is gained to the people: The word Grace sounds better in the peoples mouths then in his, his dignitie was erected to preserve the Commonaltie, the Commonaltie was not created for his &illegible; and that which &illegible; the end in far more honourable and valuable in nature and publicie, then that &illegible; the meanes. This directs us then to the transcendant &illegible; or pitch of all politiques, to the parament law that shall give law to all humane Lawyers whatsoever, &illegible; that is the safety of the people, the law of prerogative it selfe, is subservant to this law, and were it not conducing thereunto, at were not necessarie not &illegible; Neither can the right of conquest he pleaded to acquiet Princes of that which is &illegible; to the people as the Authors or ends of all power &illegible; for &illegible; force &illegible; &illegible; the course of nature, or &illegible; the renour of the law, and if it could, there were more reason, why the people might iustifie force to regain due &illegible; &illegible; prince might to subvert the same. And its a shamefull stupiditie in any man to &illegible; that our &illegible; did not fight more nobly for their free customes and lawes, of which the &illegible; and his &illegible; had its part &illegible; them by &illegible; and &illegible; them they which put them to such &illegible; For it &illegible; &illegible; to me that any Nation should be bound to contribute its owne &illegible; &illegible; meerly to &illegible; Tyranny, and support Slaverie, and to make that which is more excellent, a prey to that which is of lesse worth. And &illegible; a native Prince, if meere force be right, may &illegible; his Subiects is well as a stranger, if he can frame a sufficient party, and yet we see this was the foolish &illegible; of &illegible; who having &illegible; and rejected out &illegible; &illegible; &illegible; the &illegible; of &illegible; Tribes, ridiculously lought to reduce them &illegible; &illegible; the strength of two.

&illegible; now from, the cause, which conveyes Royalty, and that for which it is conveyed, to the nature of the conveyance, the word trust is &illegible; &illegible; the Kings popres, and therefore I dot conceive that the King does &illegible; &illegible; &illegible; interest in Crowise is not &illegible; of by a meere &illegible; of the &illegible; but &illegible; &illegible; & &illegible; and indeed all &illegible; &illegible; without any &illegible; &illegible; &illegible; &illegible; them and their Subiects, have acknowledged that there did the &illegible; and &illegible; trust upon them; nay, Heathen Princes that have beene absolute, &illegible; acknowledged themselves servants to the publique, and borne for that &illegible; and &illegible; &illegible; that they would manage the publique Wealt, it being well &illegible; &illegible; &illegible; non &illegible; that &illegible; that the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; their &illegible; and we cannot imagine in the fury of war (when lawes &illegible; &illegible; least vigour) that any &illegible; can be &illegible; cumrised in power, but that if he should turne his Canons upon his owne Souldiers, they were Ipso facto absolved of all obedience: and of all oaths and tyes of Allegiance whatsoever, from that time, and bound by higher duty to seeke their owne preservation by resistance and defence: Wherefore if there be such &illegible; trusts, and reservation of all publique commands, though of the most absolute nature, that can be supposed; we cannot but admit that in all well formed Monarchies, where Kings prerogative hath any &illegible; this must be one necessary condition, that the Subiect shall live both safe and free, &illegible; Charter of Nature intitles all Subiects of all Countries whatsoever to safety by its supreime law.

And in page the fourth (he saith) that which resules then from hence it, if out Kings receive all Royalty from the people, and for the behoofe of the people, and that by a speciall trust of safety and liberty, expresly by the people limitted, and by their owne grants and oaths varified, then our Kings cannot be said to have so unconditionate and high a propriety in all our lives, liberties and possessions, or in anything else to the crowne appertaining, as we have in their Dignitie, or in ourselves, and indeed if they had, they were not borne for the people, but meerly for themselves.

And in page 6. speaking of the greatest Monarchies, this condition (saith &illegible;) is most naturall and necessary, that the safety of the people is to be valued above &illegible; right of &illegible; as much as the end is to be preferred before the meanes: it is not iust &illegible; possible for any nation so to &illegible; it selfe, and to resigne in owne interest to the will of one Lord, (or Lords) as that that Lord (or Lords) may destroy it without injury, and yet to &illegible; no right to preserve &illegible; &illegible; For since all &illegible; power is in those which obey, they which contract to obey to their owne ruine, or &illegible; so contracted, they which esteeme such a contract before their owne preservation, are &illegible; out to themselves, and rebellious to nature, most excellent is that Authors &illegible; this booke, in proving the end of trust, which alwayes ought to be for the good of those that trust, and not for the trusted to walke by the rule of his owne will towards those that &illegible; him, as though he intended by vertue of the power &illegible; conserted on him, to carrie himselfe so towards those that trust him, as though they were his &illegible; and Slaves, and had given &illegible; power to tread them under his feet, and by their &illegible; to advance himselfe in honour and riches, and thereby invest himselfe with such a Maiestie, is though &illegible; were never to be called to account for the managing of his &illegible; by those that trust &illegible; which is but a foolish, idle and tyrant like conceipt, for if a Corporation of men, chase a Steward to receive their rents, and manage their businesse for their good, but &illegible; &illegible; &illegible; &illegible; their money &illegible; not &illegible; their good and profit, but for &illegible; owne particular, and when they shall visibly see that, and shall there upon command him to give up his accounts, and he shall say no, you have trusted me, and thereby have declared you judge &illegible; &illegible; for your &illegible; and to question or doubt, me &illegible; to &illegible; your owne Iudgement, and therefore I owe you &illegible; &illegible; &illegible; am I to give you any, because it is my Iudgement, So would not every &illegible; man &illegible; &illegible; answer not only &illegible; &illegible; but also uniust, and arguing a great deal of guilt and busenesse to be in such a Stewards breast, and although such a Steward should returne such a Lordly answer to his masters, yet for all this, may not his masters use their utmost power and authority to compell him to give up his accounts? yea, and in case he have abused his trust, to casheere and inflict the extremity of the law upon him, for so doing &illegible; and seek out for an other honester man them himselfe, to put into his place.

For saith the same Author, (as it conceived) in the second part of his observations pag. 6. the end of all authority in substitutes is, that the Kingdom may be duely and safely served, and not that the Kings (or any other trusteys) meere fancy may be satisfied, and page the 8th. (he saith) that right which a Prince hath in his people, is by way of trust, and all trust is commonly limited more for the use of the party trusting, then the party trusted, in some cases also there are mutuall proprieties, and so the King ownes us as his Subjects, and we owne him as our King, but that owner-ship which we have in him at our King, is of a satre more excellent and high nature, then that owner-ship which the King hath in us, as his Subjects. And the same Author in his maximes unfolded, pag. 15.

I come now (saith he) to the fourth &illegible; or eight, which is Reglum a Die, not a fair, neca se, which is neither singly from God, nor from those that are his, (his Subjects, not from himselfe, but which is Jus ad Regnum, his right to his Kingdome, and such a trust as he must answer for to his Parliament, and his Parliament to his people, and therefore Parliaments in former times used tobe so carefull for the welfare of the people that betrusted them, that they would impose nothing upon the people that might be a burthen to them, without acquainting them first with it: as Sir Edward Cooks that worthy Patron of his Countrey, in the fourth part of his institutes, doth declare, his words folis 14. are as followeth.

It is also the law and custome of the Parliament, that when any new device is moved on the Kings behalfe in Parliament, for his aid, or the like, the Commons may answer, that they tendred the Kings estate, and are ready to aid the same, onely in this new device they dare not agree; without conference with their Countries: whereby (saith he) it appeareth, that such conference is warrantable by the law and custome of Parliament. And folio 34. (he saith) that at the Parliament holden in 9. E. 3. when a motion was made for a Subsidy to be granted of a new kind, the Commons answered, that they would have conference with those of their severall Counties and places, who had put them in trust, before they treated of any such matter: so that it clearly appeareth to me, that there is not that Elbow-roome left to the whole Parliament, much lesse to a part of it, but much lesse to foure or five members of it, to make innovations or inrodes at their pleasure, upon the peoples estates, proprieties, and liberties, especially of those who are as free borne as any of themselves, and in their lives and actions have ventured as much, and as farre as any of them, to preserve their native liberties, proprieties, and freedoms, for all that instaving doctrine that is now prated of by some, and lately practised by others, for I say from what it before said, that by how much the more the trust it great, that is reposed in the Parliament, by so much the more they ought in Justice and honesty to be &illegible; &illegible; under, and cordiall in the execution of their trust, and to have a speciall care not so make those worse, but better that trust them, not lesse free, but more free: but Sir Edward Cooke in the second part of his institutes, folio 47. being there expounding of Magna Charta, chap. 29. saith, that generally all Monopolies are against this great Charter (and his reasons art) because they are against the libertie and freedome of the Subject, and against the law of the land, and he there gives instances of; &illegible; particulars, upon his exposition of the word liberty, contained in that Charter, and the first runs in these words.

King H. 6. granted to the Corporation of Dyers within London, power to search &c. and if they found any Cloth dyed with Log-wood, that the Cloth should be forfeit, and it was &illegible; that this Charter concerning the forfeiture, was against the law of the land, and this statute of Magna Charta, for no forfeiture can grow by letters patents: look to it Marchant-Adventurers.

Secondly (saith he) it signifieth the freedomes that the Subjects of England &illegible; for example, the Company of Marchant-Taylors of England, having power by their Charter to make Ordinances, made an ordinance, that every brother of the same society should put the out half of his Cloaths to be dressed by some Cloth-worker free of the same Company, upon pain to forfeit ten shallings, &c. and it was adiudged that this ordinance was against law, because it was against the liberty of the Subject, for every Subject hath freedom to put his cloaths to be dressed by whom he will, and so of other like things, and so it is, if such or the like grant had been made by his betters patents. (Observe this you Lord Mayor, and court of Aldermen of London.)

3. So likewise, and for the same reason (saith he) He grant be made to any man, to have the sole making of cards, or the sole dealing with any other trade, that grant is against the liberty and freedom of the Subject, that before did or might lawfully use that trade, and consequently against this great Charter, And saith he in folio &illegible; every oppression against law, by colour of any usurped authority, is a kind of destruction, for when any thing is prohibited, all that is prohibited with it, where by the thing prohibited is like to come to passe, or take place, and it is the worst oppression that is done by colour of Justice.

And in the third part of his institutes, folio &illegible; commenting upon the statute of the &illegible; law. 3. which statute is absolutely against Monopolists, and Monopolizers, and he there positively saith, that they are against the ancient and fundamentall laws of this Kingdome, that he may be understood what he meanes by monopoly, be thus defines it.

A Monopoly is an institution or allowance by the King, by his grant, commission or otherwise, to any person or persons, bodies politique or corporate, of or for the sole buying, selling, making, working, or using of any thing, whereby any person or persons, bodies politique of corporate, are sought to be restrained of any freedom or liberty that they had before, or hindred in their lawfull trade, and he there saith, that the law of this Realm against monopolies, is grounded upon the law of God, expressed Deut. 14. 6. No man shall take the &illegible; or the upper milstone to pledge, for be taketh a mans life to pledge. Where by it appeareth that a mans trade it accounted his life, because it maintaineth his life, the monopolists that taketh away a mans trade, taketh away his life, and therefore in so much the more odious, because he is &illegible; &illegible; a man of blood, against these inventors and propounders of evill things, the holy Ghost hath spoken, Rom. 1. 30 Inventores malorum &c. &illegible; sunt north. The inventers of evill &c. are worthy of death.

He there goes on to prove the evill of them, and the great punishment that they de &illegible; that are procurers of them, and therefore to draw to a conclusion of this, I say it is &illegible; just, that the Marchant-Adventurers should be punished according to the utmost &illegible; of the Law, for all the time they have and shall act by vertue of their illegall parent, to the ruine of so many thousands as are destroyed by their means, and when they shall get it to be confirmed by an ordinance or a law, they deserve to be accounted the destroyers of mankind, in procuring a law, both against nature and reason, the grounds of all just lawes: For as the Author of the book called the Doctor and Studient saith, fol. 4. the law of nature specially considered, which is also called the Law of reason, pertaineth only to Creatures reasonable, that is man, which is created in the Image of God. And this law (saith he) ought to be &illegible; aswell amongst Jews and Gentiles, at amongst Christian men, and this law is alway good and righteous, stirring and inclining a man to good, and abhorring evil, and as to the ordering of the deeds of man, it is prefered before the law of God (amongst men) and it is written in the heart of every man, teaching him what it to be done, and what to be fled, and because it is written in the heart, therefore it may not be put away, he is it ever changeable by no &illegible; of place, &illegible; times. And therefore against this Law, prescription, statute, nor custome, may not prevail. And if any be brought in against it, they, be no prescriptions, statutes, nor customes, but things vold, and against Justice, and all other lawes, aswell the lawes of God, is the acts of men, as other be grounded thereupon, and a little further he saith, that this law of reason reached that good is to be loved, and evill to be fled. Also that them shalt do to another, that thou wouldest an other shall do to thee. Also than we may do nothing against truth. Also that a man must live peaceably with others. That Justice is to be done to every man, and that wrong is not to be done to any man and, also that a trespastor is worthy to be punished, and such other.

And in fol. 7. (he saith) that the law of man be just, and right wise, two things be necessary, that is to say, wisedom, and &illegible; &illegible; wisdom, that he may judge after reason, what is to be done for the Communality, and what it expedient for a peaceable conversation, and necessary &illegible; of them. Authority that he have authority to make laws, for the law as named of ligart, that is to say, to &illegible; But the &illegible; of a wiseman doth &illegible; &illegible; the community, if he have no rule over them. Also to every good law be required these properties, that is &illegible; says that it be honest, right-wise, possible in it selfe, and after the custome of the Country, &illegible; for the place and that, necessary and profitable, and also &illegible; that it be not capious by any &illegible; &illegible; sentence, or &illegible; with any private wealth, but all made for the Common wealth.

And &illegible; I see I was &illegible; of my trade, and &illegible; greater &illegible; &illegible; &illegible; fighting for justice, liberty, and freedome, then I was before I was at a &illegible; &illegible; with my &illegible; what to do to provide for my selfe and family, which whosoever doth not saith St &illegible; worse then an Infidell, and although I knew I had &illegible; antagonists in the House of Commons (although I had never done them hurt to my knowledge but had freely upon all occasions adventured my &illegible; with my &illegible; in my hand, both before the &illegible; and also figer) I &illegible; up &illegible; resolusion, being determined to use the &illegible; &illegible; &illegible; &illegible; and if I perished, I &illegible; whereupon I drew my petition to the House of Commons for my &illegible; and justice and &illegible; from my unjust Iudges in the Star-chamber, I laboured by all the friends I had in that House, month after month, to get my petition read: but could not, whereupon I &illegible; and delivered &illegible; or 300. of them to the Members, &c. one morning as they went into the House, but could not prevail to get it read for all that, and to &illegible; me, and &illegible; my businesse, and make me odious in the House, I was two severall times illegally clapt by the heeles by Mr. Laurence Whitaker, Chaire man of the Committee of Examinations, whose illegall, irregular, and arbitary proceedings, not only with me, but also with divers other free-men of England, makes me judge him a man fitter to answer at the barre of justice (if there were any justice to be had) for his former misdemeaners before the Parliament began, and also for those since, then to be a Member of the House of Commons, and a Chair-man in a speciall Committee, whose &illegible; illegall proceedings with divers free-men of England, tends (as much as in him lies) to the alienating of the hearts of the Parliaments friends from them, and to the pending of their proceedings odient and &illegible; to them, but if &illegible; justice &illegible; or any of his friends think I seandallize him, and do him wrong, &illegible; this upon my utmost perill, that I will (according to the law of England if I may have such a proceeding) legally prove and make good, what I now here &illegible; but I confesse, I do by experience see it, it is rather a midnesse and folly, then any thing else, for a man to expect justice, where the &illegible; accused are Iudges in their &illegible; &illegible; contrary to that received maxime of the law, that &illegible; &illegible; ought to be Iudge in his owne case, and this I do confidently &illegible; &illegible; that if his priviledge &illegible; a &illegible; of the House did not protect him, again it the law, that his &illegible; &illegible; &illegible; &illegible; not legally satisfie (according &illegible; the known and fundamentall lawes of the Land) those injustices that he hath done to the free &illegible; well afficted men of England.

But although I &illegible; those foyles in my businesse, I was resolved not to give it over, and there &illegible; &illegible; &illegible; to my &illegible; &illegible; faithfull &illegible; &illegible; &illegible; Cromwell, to &illegible; assistance, by way of letter, to some of his friends, the Copy of which thus followeth.

GEntlemen, being at this distance from London, I am forced to trouble you in a businesse which I would have done my self, had J &illegible; there, it is for &illegible; Col Lilburne, who hath dont hoth &illegible; and the Kingdome good &illegible; otherwise J should not have made use at such friends as you are, &illegible; hath a long time &illegible; the House of Commons with a petition, that he might have &illegible; according to their votes, for his former sufferings and losses, and some satisfaction for his arrears, for his service for the &illegible; which hath been a long time due unto him: To this day &illegible; &illegible; got his Petition read, his attendance hath proved very expensive, and hath kept him from other imployment, and I believe that his former losses and &illegible; services (which have been very chargeable) considered, he doth find it a hard thing in these &illegible; forth &illegible; &illegible; &illegible; to &illegible; &illegible; it is a griefe to see men mine themselves through their affection and faithfulnesse to the publique, and so few lay it to heart: It would be an honour to the Parliament, and &illegible; encouragement to those that faithfully serve &illegible; &illegible; &illegible; &illegible; were made for the &illegible; &illegible; &illegible; of those when have lost all &illegible; And &illegible; &illegible; you that this neglect of those &illegible; &illegible; &illegible; you &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; in this Army, who have observed oftentimes their wives and children have &illegible; who have lost their times and lives in the Kingdome service: I wish it were &illegible; to &illegible; That which I have to request of you it, that you get him the best assistance to get his petition read in the House, and that you will &illegible; him all lawfull favours and iustice in it, I know he will not be unthankfull, but adventure himself as freely in the service of the Kingdom, as hitherto he hath done, hereby you shall lay a speciall obligation upon your servant.

July the 10th.
      1645.

Oliver Cromwell.

Having got this letter, and bringing up good news from Lampart, of the rouring of Goring, I was in very good hopes to have got my petition forward, and speedily to have had some benefit by it, but insteed of the good I iustly expected, I was &illegible; clapt by the heels in the Sarlant at Arms custody, but for what cause I protess. I do not groundedly to this day know, &illegible; it were because I was earnest in presenting my petition, and crawing law, iustice, and right, according to Magna Charta, which as Sir Edward Cooke in the 2d. part of his institutes fol. 56. saith, is the best birth-right the Subject hath, for thereby his goods, lands, wife, children, his body, life, honour, and estimation, are protected from injury and wrong: but I was dealt with much like the proceedings of that Iudge he speaks off. fol. 55. who (he saith) first &illegible; and then he heareth: and lastly compelleth to confesse, and &illegible; and marre lawer at his pleasure, like as the Centurion in the holy History did in St. Paul, for the Text saith, Acts 22. 24. 27. that the chiefe Captain commanded him to be brought into the Castle, and bade that he should be examined by scourging, that he might know wherefore they cryed so against him, and verse 27. then the chief Captain came and said unto him, tell me act thou a Roman? he said yea, but saith noble, Sir Edward Cooke there, good iudges and Iustices abhorre these courses.

And after I had endured above three months imprisonment (a great part of which was close imprisonment in New-gate) by much strugling and striving I obtained my libertie, and hoping that those that had dealt so ill with me, would for their owne honour and reputation sake (if they would for nothing else) be a little sensible of &illegible; and necessity, and therefore having had a fair proceeding at the Committee of &illegible; I prefered my petition to the House, which there was &illegible; Nov. 10. 1645. which thus followeth.

To the honourable the House of Commons now assembled in the High Court of Parliament.

The humble Petition of Iohn Lilburne, &illegible; Col.

To all &illegible; sheweth,

THat your Petitioner having suffered abundance of &illegible; barbarous cruelty by &illegible; of an illegall &illegible; made against him, in the &illegible; &illegible; &illegible; is by the Copyy of his Petition &illegible; &illegible; &illegible; formerly preferred to this &illegible; House, and by your owne Votes made the 4th. of May, 1641. upon the examination of the petition will appear) which Votes are as followeth, First, that the sentence of the Star-chamber given against him illegall, is against the liberty of the Subject, and also bloody, wicked, &illegible; barbarous, and tirannicall. Secondly, that reparation ought to be given to him for his imprisonment, sufferings, and losses, sustained by that illegall sentence. And then also it was ordered that care should be taken to draw up his case, and transmit it to the Lords: but by reason of multitude of businesse in this honourable House, there hath been no further proceeding in it since. And these distractions comming on, your Petitioner took command under the Right Honourable, Robert Lord &illegible; with whose Regiment he adventured his life freely and resolutely, both at &illegible; field, and &illegible; where he was &illegible; prisoner, and carried away to Oxford; where within a short time after his comming, the King sent to the Castle to your Petitioner, the now Earle of Kingston, the Lord &illegible; the Lord &illegible; and the Lord Andover, to &illegible; your Petitioner with large proffers of the honour and glory of Court preferment, to forsake the Parliaments parry, and to ingage on his party: upon the sitting and concerning of which, your Petitioner was within few dayes after laid in irons, and kept an exceeding close prisoner, and forced severall times to march into Oxford in irons, to judge Heath, before whom he was arraigned for high Treason for drawing his sword in the cause of the Common-wealth, and suffered multitudes of miseries, in his almost twelve-months captivity there: in which time be lost above 600. l. in his estate that he left behind him at London, (as he is clearly able to make appeare) and immediately after his comming from thence, he took command in the Earle of Manchester Army, his commission as &illegible; of Foot, bearing due the 7th. October. 1643. which lasted till the 16th. of May, 1644. at which time he was authorised by Commission as Lieut. Col. to command a Regiment of Dragooners. In which services having been in many ingagements, he hopes it will easily appeare that he hath not onely &illegible; himselfe honestly and faithfully, but also valiantly and stoutly, in the middest of many discouragements, God crowning time of his indeavours with successe, especially at the taking of &illegible; Castle, and Sir &illegible; &illegible; Garrison, at which place your Petitioner was &illegible; through his &illegible; The premises considered, he humbly beseecheth this Honourable Assembly to &illegible; that Iustice which you so happily began for your Petitioner, and to give &illegible; &illegible; for &illegible; and redious imprisonment, and heavy &illegible; by the Star-chamber decree, he having waited 4. yeers with patience for that &illegible; though he lost by his imprisonment all that he had, and was deprived of a profitable calling, being then in the way of a Factor in the Low-Countries, and also to take of the Kings fine: and to consider his service with the Earl of Manchester, wherein he faithfully adventured his life, spent a great deal of his own money, and lost at Newarke, when Prince &illegible; raised the siege, almost an 100. l. being &illegible; from the Crowne of the head, to the soale of the foot, besides his former losses at &illegible; and &illegible; and that you would be pleased for his present subsistance, to appoint the present &illegible; of so much of his present arrears, as you in your great wisdoms shall think fit to supply his urgent & pressing necessities, there being now due to him 600. l. and upwards, and that Col. &illegible; may be commanded to accompt with the Petitioner, which formerly he hath refused to &illegible; though commanded by his &illegible;) and to give him &illegible; &illegible; &illegible; in due by the State in his service, & to pay him what he hath received for the petitioner, & detained from him,

And be shall pray, &c.
John Lilburne.

The annexed Petition thus followeth.
To the Honourable House of Commons now assembled in the High Court of Parliament.

The humble Petition of John Lilburne Prisoner in the Fleet.

To all &illegible; sheweth,

THat in December next will be three years, your petitioner upon suppos all of sending over certain books of Dr. &illegible; from Holland into England, was by Dr. &illegible; &illegible; without any examination at all) sent to the &illegible;-house prison, and from thence within three dates removed to the Fleete, where he abiding prisoner in &illegible; Terme following, was proceeded against in the Honourabled Court of Star-chamber, where your Petitioner appearing (and entring of his name, for want of money, his name was struck out again) and he refusing to take an oath to answer to all things that should be demanded of him (for that your Petitioner concerned that oath to be dangerous and illegall) without any &illegible; &illegible; him, for his refusing the said oath, he was prosecuted and censured in the laid Court most hearily being fined 500. l. to the King, and sent prisoner to the Fleet, and in Easter Term following, was whipped from the Fleet to Westminster with &illegible; &illegible; &illegible; &illegible; receiving at least 200. stripes and then at. Westminster he was set on the &illegible; the space of a hourts and over and above the &illegible; of the Court) at the warden of the Fleets command, &illegible; about an houre and a &illegible; after which most &illegible; sufferings, was again returned, into the Fleet close prisoner, when thought his said sufferings, the next morning he &illegible; sick of an extreame fever, should not have admittance for his Child &illegible; to let him blood &illegible; his &illegible; &illegible; &illegible; of the said day &illegible; &illegible; the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; Westminster to the &illegible; himself &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; in the Fleet ever since. Where in &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; both hands and leggs, which &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; six months and &illegible; &illegible; small &illegible; &illegible; &illegible; &illegible; in which &illegible; &illegible; a months sicknesse, most dangerous &illegible; &illegible; former &illegible; which time of &illegible; &illegible; have most &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; they would &illegible; &illegible; &illegible; for their &illegible; and they have denied &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; as &illegible; &illegible; &illegible; great &illegible; and to &illegible; him &illegible; &illegible; &illegible; to &illegible; &illegible; &illegible; and &illegible; have kept her servant &illegible; him, and has &illegible; &illegible; that it he had not been &illegible; by stealth of his &illegible; prisoners, &illegible; &illegible; &illegible; &illegible; from any food at all, for above the space of 10. &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; out of &illegible; have relieved him; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; for both to &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; and besides all this, &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; him, to &illegible; &illegible; of his &illegible; &illegible; &illegible; of his life, &illegible; &illegible; not been rescued and saved by &illegible; prisoners of the &illegible; house. In which &illegible; &illegible; &illegible; your poore petitioner hath &illegible; a prisoner for the &illegible; of &illegible; &illegible; and a had &illegible; is &illegible; still &illegible; continue in the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; of the Fleet, who hath &illegible; &illegible; &illegible; to &illegible; &illegible; &illegible; that he &illegible; &illegible; he must observe the man that hath so great &illegible; &illegible; the &illegible; &illegible; &illegible; the &illegible; &illegible;

All which his deplored condition, and lamentable miscries, he most humbly presenteth to this most honourable assembly, beseeching them to be pleased to cast an eye of compassion towards him, and to &illegible; him such reliefe from his censure and &illegible; imprisonment, &illegible; &illegible; good to your &illegible; who other life is like to perish under &illegible; hands of &illegible; &illegible;

And your &illegible; shall &illegible; &illegible; (as in duty he is bound) to the Lord to &illegible; and prosper this honourable Assembly,

John Lilburne.

At the debate of which there was not a little opposition by some, who (as I conceive) thought I was not capable of enjoying justice, although to my knowledge I never doe an act in all my life that put me out of the protection of the law, or that tended to the diffranchizing me of being a &illegible; and Freeman of England, and therefore ought to enjoy as great a priviledge in the enjoyment of the benefit of the Law of England, as any &illegible; Denizon of England whatsoever, by what name or title soever he be called, the issue of which debate, so much as I have under the clarks band, thus followeth.

Die &illegible; 10. Nov. 1645.

Ordered &c. That the Vote formerly passed in this House, concerning the proceedings against Lieut. Col. Lilburne in the Star-chamber be forthwith transmitted to the Lords.

Ordered &c. That it be referred to the Committee of accounts &illegible; up and state the accounts of Lieut. Col. Lilburne, and to certifie what is due to him to this House.

Ordered that it be referred to the Committee of accounts to call Col. King, and Dr. &illegible; before them, and to state &illegible; accounts, and what is due to Lieut. Col. Lilburne from either of them.

Ordered &c. That Mr. Sam. &illegible; do make the report concerning Lieut. Col. Lilburne touching the businesse of Mr &illegible; on wednesday morning next, the first businesse.

H. &illegible; Cler. Parl. D. Com.

The last of which orders seem to me to be a bug-bear and scare-crow, to fright me from following my petition any further, and gives me some hint who it was that was so hot against me, but for my part I fear the person, nor face, or no man breathing, for Honestly say I, is the best policy, and uprightnesse begets boldnesse, but it is strange to me what Mr. Sam. &illegible; can report of me, seeing to my knowledge) I never speake two words into him in my life, not he to me, but the busines is about Mr. &illegible; from whom I crave neither mercy not favour, for what I said concerning him in the house, I Judg it my duty to do and if it were to do again tomorrow upon the &illegible; grounds I would do it, either against him, or the dearest friend I have upon &illegible; and what can Mr. &illegible; say to me, more then he can to Mr. &illegible; &illegible; who was as deep in the information as myself, and what can he say to either of us, seeing we produced the party to the House that told it us, who for any thing, I know to the contrary, avers it to this day for a truth, although he was imprisoned for it.

But secondly, I much wonder the House, after I have had so much hard and unjust usage from divers of its members, should turn me over to William Prinn, at the Committee of accounts, who I say, hath neither Justice nor honesty in him, and who is my deadly and implacable enemy, as they well knew, and who hath most falsly, maliciously and inverately endeavoured to take away my life from me, by Ivingly and unjustly in his last book accusing me of high Treason: truly when I first heard I was turned over to him, this came into my mind, that it had been a little too grolle in the eies of the world, for my adversaries to have again themselves committed me to prison, but me thoughts I heard some of them say, however we will be even with him, for we will send him to W. P. who will doe the best he can to commit him, if there he should refuse the oath of accounts, or if he cannot get him upon that hugge, he will one way or other vexe him as bad as an imprisonment.

Well, but for all this, to the Committee of accounts I went (and shewed them my orders) where I found William Prinn in the Chaire, and I confesse the Marchants that were of the Committee, used me very civilly, and I laboured to demean my self towards them with respect, but for my antagonist, I found that from him, which before I went I looked for, and after some discourse, he tendred unto me an oath, which was to this effect, that I should swear what was due unto me, and what I had received, and what free quarter I had had what Horses and Armes from the State, which oath I refused to take, it being very strange so me considering my case, who in my fore-mentioned petition complain of Col. King to the House, that he not onely keeps my pay from me, that he received for me, but also refuseth to give me a note under his hand, for what was my due under him, and therefore there pray, he may be commanded to do me justice and right; although he hath for a long time refused to do either, and besides (as I told them) I could not upon my oath give them a just account what I had received of Col. King, seeing I lost my papers, &illegible; all my Horses and cloths at &illegible; and was stript naked, and forced in that condition (without either boots or shooes) to march on foot over hedge and dirch (to save my life) about 8. or 10. miles, and never &illegible; that day (to my remembrance) received any pay of him. But saith W. P. if you lost your papers, why might not be lose his, for he was plundered as well as you? To which I answer, He that kept his accounts did not use to goe and fight as I did, and besides, Colonell King though you say he was plundered, yet I avert it &illegible; was not plundered and stript, for he came home in the &illegible; he wore, but I was forced to come without mine: And besides, I was in an Army where there was a Councell of Warre established, and a Committee by Ordinance of Parliament dated January &illegible; 1643. And another dated 10. October, 1644. appointed to look after all such things as by oath was required of me, to give an account of, to whom for my pore J conceive I was to be accountable for any miscarriages, (if any had been) in that Army, and if they be not able to make any just complaint against me, I ought not to be forced by oath to purge my self before a Committee that was not then in being, and for my particular, I &illegible; I would have burnt or &illegible; my Constitution before I would have accepted of it upon the &illegible; demanded of one by this path, and in that very Ordinance it is ordained, that the Earle of Manchesters certificate to two of the Committee, and the Commissary Generall, shall be sufficient authority to them to subscribe our warrants, which shall be sufficient to demand our moneys, for our pay, and for my part I require but the benefit of this Ordinance, which was the declared condition upon which I went on with my imployment there, and this is that I beg, which hitherto hath been denied me, which I conceive is not just.

Again, I shall freely declare the maine reason, which makes me that in point of honesty, in being true to my liberty and freedome (which J call my birthright) I cannot submit to that oath, is this, I conceived all lawes and ordinances in such cases as this is, ought to be universall, to bind all, and not so restrictive as the additionall ordinance of accounts is, which ordinance dated Iune 16. 1645. hath this proviso or exemption (of Peeres, Assistant, or Officer of the House of Peeres, or Member, or Officer of the House of Commons) for my part, I iudge myself as free a man (though otherwise I defate not to make any comparisons) as any of them, and I conceive, I ought not to be in bondage to that Law or Ordinance, that they themselves will not stoop unto, and that which confirmes my judgement herein is, their owne words in their booke of Declarations, fol. 694. where answering the Kings charge laid upon them in point of slavery (they say) for therein we must needs be as much patients as Agents, and must every one in our owne turne suffer our selves, whatsoever we should impose upon others, as in nothing we have laid upon others, we have ever refused to doe, be suffer our selves, and that in a high proportion.

But lest some men might think I had received great store of monies, and not disposed them according to the ends I received them for, and therefore avoid this oath, to keep in my hands what I have I answer, all the while I was with Col. King, the Souldiers were frequently mustred, and most constantly not one passed the muster, unlesse he were upon the place, although he were seek in the same Towne where they were paid, and though I often gave my receit for the money to Colonell Kings servant Thomas Howett, who paid the money, yet most commonly my Lieutenant received the money, and disposed (I dare say) faithfully and iustly, and if either he or I should have defranded any of them but of six pence, we should have been sure to have heard of it to our shame, and for my owne pay, so much of it as I received, it was from his man (Thomas Howett) who alwaies had my &illegible; my hand for it: And from before Newark businesse, till we marched in Banbury, I never received a penny for my selfe, either of him, or my Lord Manchester, which then was but six weekes halfe pay, and because my souldiers were promised six weekes pay, as the rest of the Army had, and had but three weekes pay sent them, which set them all in a mutiny at Northampton, in the appeasing of which, J had almost lost my life amongst them, and was necessitated at &illegible; (to get them to match) to pay the common souldier all my own pay, and all my Officers, and to ingage my credit to them for their money, which wee received at &illegible; And after this, there was at severall times paid to my Selfe and Officers, seven weekes pay: as I remember, so that there never came any quantitie of money into my hand; and as I said before, we had a Committee and a Counsell of Warr to oversoe us, that we did justice, and if the least cattle could have beene found against men (of all the men in the Armie) I was sure to have heard of it. And as for Horses and &illegible; I never had to &illegible; remembrance from the State for my selfe, either Horse, Saddle &illegible; Pistoll, but what I won with my Sword, and for my Regiment, I and the rest of my Officers, recruited it over and over both with Horse and Armes, with our industry and resolution, without 6. d. charge to the State, and as for free quarter, I never had any all the while I was with Col. King and after I commanded my Dragoones, I and they for the most part &illegible; the bread of leopardy and hazard, being constantly quartered in the desparatest place in the Armie, &illegible; &illegible; as &illegible; be to the enemies Garrisons, which were many in Yorkeshire, where we many times fought both for horse meat and mans meat, and for my part, I thinke this was free prize to us, being not at that time within the possibilitie of Contribution to the Parliament, but J doe confesse some free quarter I had in the Parliaments quarters, but it was not much, as I can clearly demonstrate when time comes I shall receive my money, and I should upon that condition I might have into supply my necessities, allow a great for every penny worth of free quarter I have really had, although I have three severall times beene pillaged to a good value, and although I have &illegible; a good while for my pay, and although I have spent within lesse then this twelve months, above 300. l. in seeking for it, which in my apprehension is very hard, considering that &illegible; as divers of the Committee of &illegible; affirme in their printed Articles against him, that he received of them and their countrey about 10000. † to pay his Officers and Souldiers, yea, and I say divers of them told me he had divers thousands of pounds from them while we were at Newarke for that end: and yet be never had the honesty to let me have one farthing of it, and also received provisions of the Countrey, gratis, (as by divers I was truly informed) and made most constantly both Officers and Souldiers to buy it.

And my Lord of Manchesters provision of money by Ordinance, to pay his Armie was very large, and the Countreys made us beleeve they made very good payment, and yet if all the rest were like my particular, we received but a very small proportion of it, which makes me wonder what &illegible; &illegible; of the rest; surely it is either in those mens pockets that hath no right to it, or else it is sunke into the ground, foe by the Ordinance of the 22. Ianuary 1643. and others, the allowance is 8449. l. a weeke, besides the &illegible; of the five and twentieth part, and also the third part of the Sequestrations, which were worth not a little, and for my part I doe seriously protest, J spent a great deale of my owne money, besides the pay I received in my Lord of Manchesters service, and therefore doe iustly expect the performance of the Covenants and Contracts, made with me by Ordinance of Parliament, having faithfully performed my part, and this is but first (in my iudgement) both by the law of nature, the law of nations, and the law of God, which saith Levit. 19. 13, Thou shall not defraud thy Neighbour, neither rob him. The wages of him that is hired, shall not abide with thee all night, untill the morning. And &illegible; &illegible; 14, 15. Thou shall not oppresse in hired servant that is poore and needy, whether he be of thy bee then, or of thy strongers &illegible; are in thy land, within thy &illegible; At this day their shall give him his hire, neither shall the &illegible; goe downe upon it, for he is poore, and setteth his heart upon it, least he cry against thee unto the Lord, and it be sin unto thee, and in the &illegible; of Jer. 13. God pronounceth a woe against all such men, as detaine and keepe backe, the hirelings, and the servants wages, the words are these. Woe unto him that buildeth his house by unrighteousnesse, and his Chambers by wrong, that useth his neighbours service without wages, and giveth him not for his worke. Yea and God threateneth to iudge such men at thus practice, &illegible; 3. 5. And I will come neete to you to iudgement, and J will be a swift witnesse against the &illegible; and against the Adulterers, and against false Swearers, and against those that oppresse the Hiteling in his wages, the Widdow, and the Fatherlesse, and that turne aside the Stranger from his right, and feare &illegible; me saith the Lord of Hosts.

But you will say the State wants money, and therefore cannot pay you. To which I answer of have before declared that the Parliament by their owne Ordinances did provide a sufficient proportion for us, which the Countrey saith, they made pretty good payment of, and seeing it was provided for us, and we received it not, wee ought to know what is become of it, and for my part I am resolved before I will loose &illegible; I will doe the best I can to know what is become of it, though I bee &illegible; &illegible; &illegible; a body for my points.

But it &illegible; &illegible; that much of it was laid out by the Parliaments after appointment see other uses then to the payment of that Armie for which it was raised, to which I answer, that in iustice it ought to be repaid &illegible; againe, and truly I doe conceive &illegible; &illegible; there were a Just strict and severe course taken with all Sequestrators, Collectors, Receivers and Treasurers, that have cozoned the state of their mony in their &illegible; offices, there would be mony enough (I verily beleeve) found to defray all charges, for there is a greater reason (in my Judgment) that he should &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; hundreds and thousands from the State (yea and other hazard the &illegible; it &illegible; of supply, and breeds &illegible; burning &c. which in time may break out into very great mischiefes) then &illegible; steales 5. s. or 6. &illegible; or more, and it may be doth it for pure necessitie, having it may be lost all he hath by the enemie and hath also his &illegible; &illegible; from him, and hath not at present a bit of bread to put into his mouth, nor knowes not where to get any.

And I have &illegible; &illegible; of a Committee &illegible; it London that received betwixt two and three thousand pounds for sequestred goods, and never &illegible; for pence of &illegible; for the &illegible; and yet when they come to give up their accompts, they are not &illegible; to the State, but the State is in their debt for their partner and &illegible; the same Committee hath &illegible; &illegible; 40 and 50000l. in land, in a Countrey of &illegible; and &illegible; London, and yet there is not (as I am &illegible; &illegible;) &illegible; I. brought to accompe; so that laying these things together with it. Parliaments &illegible; &illegible; in &illegible; of their Declarations, I cannot thinke that saith bee &illegible; &illegible; &illegible; the price of my blood) &illegible; first &illegible; in &illegible; &illegible; &illegible; &illegible; of &illegible; they &illegible; &illegible; &illegible; &illegible; them, that every &illegible; &illegible; good service &illegible; &illegible; to be done &illegible; Commander or Souldier serving or to &illegible; therein, &illegible; &illegible; &illegible; answer the greatnesse of this Kingdome &illegible; the &illegible; of &illegible; &illegible; the &illegible; him, of &illegible; made the &illegible; they intended alike to all &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible;

And secondly, in page &illegible; they declare, that whatsoever money, Plate, &c. is brought in, shall not at all be imployed upon any other occasion then to the purpose they pretend to raise it for, and therefore the moneys levled upon the Association which was appointed to pay the Earle of Manchesters Armie, ought to be imployed for that end and no other.

Thirdly, Their words in folio 498. being then in great straites ares and we doe require all those that have any sence of piety, honour, or compassion, to helpe a distressed state, and to comein to our ayde and assistance, words sufficient to have set the heart of every man a fire, that hath any sparkes of gallantry in his breast, and therefore not easily to be forgotten by those that made them, if there be any sparkes of honesty in their hearts.

In the last place, the Parliament orders that the Vote formerly passed in this house concerning the proceedings against Lieu. Col. Lilburne in the Star-Chamber be forthwith transmitted to the Lords, and likewise ordered that my sine should be taken of, which single Order I got transmitted up to the Lords, and in a few dayes it there passed into an Ordinance in these words.

&illegible; Primo die Decemb. 1645.

IT is this day ordered by the Lords and Commons assembled in Parliament, that Lieu. Col. Lilburne be discharged of the fine set upon him in the Star-Chamber.

John Browne Cleric. Parliamentorum.

But although this order of the 10. Novemb. 1645. for the transmission of my whole case up to the Lords, I cannot get it done by all the interest I have, although contrary to the tenour of Magna Charta (which saith iustice and right we will deny to none, we will deface to none) I have waited almost this 5. yeares, for that very end, to my extraordinary charge, and expences, although I had these Votes and Orders following, almost 5. yeares agoe.

Die &illegible; 4. May. &illegible;

Mr. Rouse this day reported John Lilburne 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 John Lilburne is illegall, and against the libertie of the Subiect, 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 Dr. Bastwicks, Dr. Leighton, Mr. Barton, and Mr. Prin.

Hen. &illegible; Cler.

D. Com.

The Parliament in their first Declaration pag. 13. complaines that multitudes were called to the Councell-Table, who were tyred with long attendance there, but I wish they would be quicker, but what should be the reason I do not know, wherefore I cannot get my case transmitted, I would those that hinder it would tell me, I should exspect no justice from them, and this would be plain dealing, I hope I may without offence (making no application of it) resite what Machiavel in his Prince fol. 138 saith of Alexander 6. that he never did any thing else then deceive men, and never meant otherwise, and alwaies found whom to work upon: yet never was there man would protest more affection, nor aver any thing with more solemn oaths and observe them lesse then he, therfore saith Machiavel, it is more advantagious for a Prince to seem to be pitifull, faithfull, mild, religious, and of integrity, then to be so indeed, and saith the Translator in his Epistle to the Reader, their are many who practise Machiavels principles, and yet condemn him, who willingly (saith he) would walk as Theeves do, with close lanthornes in the night, that they being &illegible; and yet seeing all, might surprize the unwary in the dark.

But it may be demanded who would you have your reparations from? I answer, from those that lawlesly imprisoned me, and those that lawlesly and cruelly passed sentence against me, and those that lawlesly and barbarously made &illegible; order against me.

At the inner Star-Chamber the 18. of &illegible; &illegible; 1638. &illegible;

Lord Arch-Bishop of Canterbury. Lord Privie Seale. Lord &illegible;
Lord Keeper. Earl Marshall. Lord &illegible;
Lord Treasurer. Earl of Salisbury. Mr. Secretary Cooke,
Mr. Sec. Windebanke.

Whereas John Lilburne, prisoner in the Fleet, by sentence in Star-Chamber, &illegible; this day suffer condigne punishment for his severall offences, by whipping at a &illegible; and standing in the &illegible; and as their Lordships were this day inforthed, during the time that his body was under the said execution, undaciously and wickedly, did not onely utter sundry scandalous speeches, but likewise scottered divers Copies of seditious books among the people that beheld the said execution, for which very thing (among other offences of like nature) he hath been censured in the said Court by the aforesaid sentence: it is therefore by their Lordships ordered, that the said Iohn Lilburn should be laid alone, with from on his hands and legges in the Wards of the Fleet, where the basest and meanest sort of prisoners are used to be put, and that the Warden of the Fleet take especiall care to hinder the resort of any persons whatsoever unto him. And particularly that he be not supplied with money from any friend, and that he take especiall notice of all letters, writings, & books brought &illegible; him, and seize and deliver the same unto their Lordships, and take notice from time to time who they be that resort unto the said person &illegible; the said Lilburne, unto speak with him, and inform the board thereof. And it was Iustly ordered, that all persons that shall be hereafter produced, to receive corporall punishment; according to sentence of that Court, or by order of the board, shall have their garments searched before they be brought forth, and neither writing nor other thing suffered to be about them, and their hands likewise to be bound during the time of their punishment. Whereof, together with the other premises, the said Warden of the Fleet is hereby required to take notice, and to have especiall care that this their Lordships order be accordingly observed.

Examined by Dudly Carleton.

Besides these above-named, the most of which were present at my sentence (&illegible; I remember) there was my Lord Chiefe Iustice Bramston, and Sir Henry Vane the elder. And Dr. Lamb, Dr. Aliote, and Dr. Guine committed me.

But some may say your Antagonists are great, and it will be hard to get justice of them, I answer and say, a just and a righteous Iudge is no respecter of persons, but will do justice upon great ones as well as mean ones.

But some will say (is it hath been objected by some to me already) what justice can you exspect from the Lords, seeing they have made Mr. Peter Smart spend 4. or 500 l. with following his businesse before them, after it was transmitted from the House of Commons, and yet he hath not got one penny, although he be ready to starve. To which I answer and confesse it is a hard case, but yet it doth not therefore follow, because Mr. Smart is foyled in his businesse, that I must give over ruine, my principle is this, to go on with that busines that is iust and honest, though it have never so many difficulties accompanying it, and my ground ariseth from Gods promise, which is, &illegible; be with his in all just things, and from those incouragements that I find in the 12, Heb Again, if I be transmitted up to the Lords, and cannot get forward there, I am no worse then now I am but I confident beleeve I shall get forward, out of the former experiencies of that justice that I have found there, and I will instance 2. particulars, first when I was a prisoner in the Fleet, and had like to have beene murthered by the jaylors, I was laine to &illegible; up my door, and keep them out of my lodging for 17. weeks together, and in &illegible; &illegible; of my &illegible; I writ an Epistle in 2. sheets of Paper to the Magistrates of London, and one sheet to the prentices thereof, which was thrown among them one day when they were at their recreations in Moor-fields, which had like to have &illegible; the Bishop of Canterburies ruine, for the throwing of which, my maid was taken and carried before Sir Marrit Abbet, then Lord-Mayor of London, where there was witnesse that appeared to justifie the thing to &illegible; upon which the Lord-Mayor committed her to prison without a warrant, shewing cause wherefore he committed her, upon which, I in her behalfe the beginning of this Parliament complained of him, for commiting her to prison contrary to law, and Sir Morris was summoned to answer my complaint, and appeared in his gold chain, and velvet gowne, with a great train of Citizens, and I had &illegible; especially that pleaded for me in point of Law, namely, the right honourable the Lord Brooks, and Lord Roberts, and he had &illegible; in especiall manner in plead for him, namely, the Earl of Bristol, and the then Bishop of Lincoin, which 4. did canvas it soundly in point of law, and in the conclusion (&illegible; all the rest of that Committee) ordered Sir Morris Abbot to pay unto her &illegible; l. (which he did) for imprisoning her 3. daies contrary to the petition of Right, which commands the cause of the imprisonment to be expressed in the warrant: &illegible; gallant piece of justice I say.

Secondly, May 4 1641. the King accused me of high Treason, and before the Lords bar was I brought for my life, where although one Littleton servant to the Prince, swore point blank against me, yet had I free liberty to speak for my self in the open House, and upon my desire that Mr. Andrews might also declare upon his oath what he knew about my busines, it was done, and his oath being absolutely contradictory to Mr. Littletons, I was both freed from Littletons malice, and the Kings accusation at the bar, of that whole House: and for my part I am resolved to speak well of those that have done &illegible; justice, and not to doubt they will deny it &illegible; till such time as by experience I find they do it.

Besides, Mr. Smarts case and mine are different in this particular, for any thing J can understand, all those that did him wrong, have their estates sequestred, and the State being in great necessity, it is iudged convenient at present by divers, that the publique should be supplyed before him (though I confesse I conceive he ought in point of law and justice, first to be satisfied, in regard they first wronged him, long before the State tooke any cognisance of any wrong done unto it by them) but for my particular I have not onely to do with those whose estates are sequestred, but some of my adversaries still sit in both Houses, and besides, 1. of them, namely the Earle of Arundel, and the Bishop of London, as I am credibly informed compleatly enjoy their rents and estates, and are neither sequestred, nor are they friends to the Parliament, and therefore I conceive there can be no colour nor pretence to deny me satisfaction from them, and for my part (by the strength of God) J am resolved (though I be repulsed again and again) to follow in with all my might, so long as either I have tongue to speak, or hand to write, and to do the best I can to make them as weary, that I know shall deny me justice and right, as ever the importunate widdow did the unrighteous Judge, when she made him say, although he neither feared God, nor regarded man, yet because she troubled him, he would do her justice, Luke 18. 5.

But it may be you will say the House of Commons is not at leasure, by reason of the publique, I answer, lesse then an hours time will serve my &illegible; in this particular, and it is very strange in 5. yeares space so much time cannot be found from the publique to transmit my busines, so particularly taken notice of in their first declaration to the Kingdom, sure I am they can find time enough to settle great and rich places upon some of themselves, and to enjoy them, for all their own Ordinance to to the contrary, yea, and I know some of them that at this day hath &illegible; of places, and I say the thing I desire of them is more iustly my due, then any of their great places are theirs, and therefore I hope they have no true cause to be angry with me for craving iustice at their hands, being it was the end wherefore they were chosen and &illegible; and that which they have sworn to do.

But you will say the time is not now in point of prudence so seasonable, you may spoyle your businesse with being too violent. I answer, away with Machiavel and his politiques, and besides, it may be I have staid so long, that without ruine and destruction I can stay no longer, for give me leave to add one thing more to all the rest going before, that having by the Bishops means lost the affection of my Father formerly, which made me that I never when I last begun the world, aske him for any portion, neither did I in all my life receive 6. d. of him (for all Bastwicks lies in his book against me) under that notion and consideration, and he and I of late years falling into a better harmony one with another then formerly we were, I iustly expected some assistance from him in my present straits, by way of portion, but I find this answer ready at hand: Son, I would fain fulfill thy desire, but at present I cannot, for thou knowest our Country was betrayed by those that should have preserved it, and for my affection to the publique, I lost all that ever the enemy could singer of mine, namely, all my stock, my corne, and houshold goods, and the rents of my lands, all the time that the Earl of Newcastle had the North, and now though I have my and, yet being in the &illegible; of &illegible; I &illegible; &illegible; &illegible; &illegible; nor &illegible; had Preparation for any of my &illegible; of the &illegible; of &illegible; &illegible; &illegible; &illegible; their with advantage, who should have preserved &illegible; but did not, so that &illegible; a manner, am as new to begin the world as thy selfe &illegible; should have a little &illegible; &illegible; to have &illegible; some things in our present age, &illegible; those complained of in the Parliaments first Declaration, and from thence &illegible; &illegible; the &illegible; (in my apprehension) of all &illegible; obstruction of &illegible; &illegible; in the Kingdom, but I am &illegible; I have been too &illegible; already and therefore &illegible; &illegible; &illegible; &illegible; of that another &illegible; &illegible; you seriously &illegible; and &illegible; upon what here &illegible; &illegible; to you, and be not too subject to passe your &illegible; upon it, untill you have well weighed it, and let him enjoy your &illegible; to God for direction and courage.

From my house in Party &illegible;
neare Bishops gate, this present
Decemb. &illegible; &illegible;

That is yours, and the Common-
Wealths, &illegible; death.

John Lilburne.

&illegible; Reader in regard of those &illegible; &illegible; that are abroad, by the enemies to libertie and freedome, the Stationers and their Beadle &illegible; in &illegible; open free mens houses, closers, &illegible; and dearest, and taking away goods writings and what ever they please, and for want of freedome through &illegible; of them to &illegible; to the &illegible; &illegible; after this my coppie, many &illegible; escaped the &illegible; which I desire thee with thy pen as thou readest to amend, but especially these which follow. [  ] Page 3. line &illegible; read this for the &illegible; 3 &illegible; experiences for &illegible; p. 5 l. 40, r. for a little time put into it, p. 7. l. 5. r. for being &illegible; &illegible; l. 16. r. &illegible; for imployment, p. &illegible; l. 15. r. &illegible; &illegible; for &illegible; only. l. 28. r. as I remember, p. 10. l. &illegible; assisting in execution hereof, p. &illegible; l. &illegible; r. then for them, p. &illegible; l. 2. r. I on thee for I doe on thee. l 16. r. &illegible; for have p. 15. l. 15. r. whether seeing, p. 16 l. 3. r. weekes for &illegible; p. 17. l. 17. r. W. P. for he, p. 18. l. &illegible; r. by whom, for by what authoritie, p. 19. l. 32. r. may not be delayed, p. &illegible; l. 3. r. &illegible; for rights l. 10 r. &illegible; is before mentioned l. &illegible; r. &illegible; for &illegible; p. 21. l. 4. r. right for might be, l. 40. r. &illegible; for &illegible; p. 24 l. 26. r freenesse for friends, p 27. l. &illegible; r. speake for my selfe, &illegible; &illegible; &illegible; hee and his for he of his, p. 18. l. &illegible; r. nor for not, p. 29. l. 18. r. and the Prisoners shall pray, &c. p. 12. l. 18. r. &illegible; for &illegible; p. 33. l. 38. r. promise for &illegible; p. 14. l. 7. r. and that at, l. 19. r. but &illegible; &illegible; l. 38. r. &illegible; &illegible; &illegible; p. &illegible; l. 17. r. &illegible; for appropriating, p. 37. l. &illegible; r. for the people &illegible; take cognisance of, l. &illegible; r. were and are for were &illegible; p. 42 l. 21. r. for Capt. for to Capt. p. 43. l. 36. r. false and &illegible; &illegible; 44. r. offer in p. 45. l. &illegible; r. &illegible; for state, l. 30. r. and for his, l. 36 r. to &illegible; to him, p. 46. l. &illegible; r. &illegible; for &illegible; p. 47. l. &illegible; r. times at his tryall produce, l. 34. r. keep no &illegible; l. &illegible; r. &illegible; for &illegible; p. 48 l. &illegible; r. &illegible; for impoverishing, p. 49. being for &illegible; l. 4. r. &illegible; for &illegible; I &illegible; (in a manner) restore, p. 10. l. &illegible; r. them for themselves, p. &illegible; l. 39 r. &illegible; for perish, p. &illegible; l. &illegible; r. &illegible; for &illegible; p. &illegible; l. &illegible; r. aligation for obligation, p. 15. l. 35. r. 12. &illegible; 7. 8, 3. l. 6. p. 56. l. 23. r. time &illegible; p. &illegible; l. 5. r. devoyce for power. l. 17. &illegible; for &illegible; l. 18. r. lawes for Lawyers, p. 60. l. 16. r. 35. for 25. l. 17. r. Kingly for singly, p. &illegible; l. 33. r. and that he, p. &illegible; l. 17. r. never for ever, p. 64. l. 2. r. &illegible; &illegible; &illegible; &illegible; that you give him your bell, l. 14. r. prosecuting for presenting, p. 65. l. 2. r. that for the, l. 34. r. long for large, p. 67. l. 33. r. of for or, l. 38. r. iudged for iudge, p. 69. l. &illegible; r. his for our, p. 70. l. 22. r. Col. King, p. 71. l. 26. r. thereby hazards the lesse, p. &illegible; l. 14. r. deferre for deface.


 

 


10.6. John Lilburne, The Just mans justification (6 June, 1646)

Bibliographical Information

Full title

John Lilburne, The Just mans justification : or A Letter by way of Plea in Barre; Written by L. Col. John Lilburne, to the Honourable Justice Reeves, one of the Justices of the Common-wealths Courts, commonly called Common Pleas. Wherein the sinister and indirect practices of Col. Edward King against L. Col. Lilburne, are discovered. 1. In getting him cast into prison for many weekes together, without prosecuting any charge against him. 2. In arresting him upon a groundlesse action of two thousand pounds in the Court of Common Pleas; thereby to evade and take off L. Col. Lilburns testimony to the charge of high Treason given in against Col. King, and now depending before the Honourable House of Commons. In which Letter is fully asserted and proved that this cause is only tryable in Parliament, and not in any subordinate Court of Justice whatsoever.

Levit. 19.15. Yee shall do no unrighteousnesse in Iudgement, thou shalt not respect the person of the poore, nor honour the person of the mighty: but in righteousnesse shalt thou judge thy neighbour.

Estimated date of publication

6 June, 1646.

Thomason Tracts Catalog information

TT1, p. 443; E. 340. (12.)

LWV

T.64 [1646.06.06] (10.6) John Lilburne, The Just mans justification (6 June, 1646).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Sir,

HAving lately taken upon my self that boldnesse to speak with you, as you are one of the publique Judges of the Kingdome, about an honest poor man that was unjustly and without any legall authority cast into prison, and finding a very courteous, faire and rationall carriage from your Honour towards me at that time, imboldeneth me the more at this time (being extraordinarily necessitated thereunto) to write a Letter to you in my own behalfe. I being upon the fourteenth of April last arrested at Westminster, upon an action of Trespasse, by the Bayliffes thereof, at the suit of an unjust and troublesome man, commonly called Colonell Edward King; and the Bayliffes pretended it was for so many thousand pounds (although I am confident that I never was six pence in his debt in my life) that they must have extraordinary Baile for my appearance.

So that I was forced to give them two house-keepers in Westminster, and one stranger, or else in their mercilesse hands I must remaine, although I was very hard following of my businesse to perfection with the Parliament, which hath stucke there almost six yeares, to my extraordinary cost, charge, and losse of time, and although I am confident that it is as just a cause as any is in the world, and hath so been adjudged by both Houses of Parliament, as in this inclosed printed relation you may reade.

I must ingenuously confesse that it did somewhat trouble me to be arrested in that manner, having never before in my life bin arested to my remembrance, and I was the more troubled in regard that my Ordnance for my reparation, which lastly passed in the Lords House, was depending in the House of Commons, I was affraid that it might there stick, if I were diverted from following it, and I did not know but this &illegible; &illegible; do it.

And Being in a longing expectation for the Terme, to see my Antagonists Declaration, I found in it that it is an Action of Trespasse for 2000 l. pretending that I said in October last, that Col. King was a Traytor, and I would prove him one, and for taking away his good name which I scarce believe he ever had in his life, and considering with my selfe what to do, I was resolved to make a &illegible; at the Barr of the Common Pleas (where you are the eldest, and chiefest Judge, that Col. King and I. being both Soldiers, were in that condition to be governed by the Lawes Martiall which were published with the Stamp of Parliamentary Authority by the &illegible; thereof: And he having committed many grievous crimes against the Letter and true meaning of them, I complained to the Earle of Manchester thereof, being both his Generall and mine; and at the same time, divers Gentlemen of the Committee of Lincoln, as Mr. Archer &c. having Artickles of a very high nature against him, &illegible; my Lord to a tryall of him at a Councell of Warre, and at the very same time, the Major, Aldermen and Towne Cleark of Boston, came to Lincoln to my Lord, with Artickles of a superlative nature against King their Governour, but could not get my Lord to let us injoy Justice at a Councell of Warre, according to all our expectations, and as of right we ought to have had, which at present saved his head upon his shoulders.

Yet notwithstanding others endeavoured to try whether justice could be had against him in the Parliament, and for that end, in August 1644 Mr. Mussenden, Mr. Wolley and divers others of the Committee of &illegible; did exhibit Artickle of a very high nature to the House of Commons against him, and to speake their own words in their 4th Artickle, they say.

That when he was last before &illegible; &illegible; sent for a Captaine who kept Crowland, who obeyed his command, yet sent word to him of the danger that that Towne was in, and therefore &illegible; his second pleasure which was that he should &illegible; who accordingly did, the Gentlemen of the Country, &illegible; the enemy, procured Major &illegible; to &illegible; 100. &illegible; to keepe Crowland, which he &illegible; of, tooke all, that any without order from him should come into his &illegible; and commanded &illegible; to be gone, who accordingly departed, the Enemy presently surprized the Town, and those few that he had lest in it, by which meanes he &illegible; the Town unto the Enemy, which was not regained without much charge hazard, and losse of many mens lives.

And in the 12th. Artickle, they plainly accuse him for betraying the Parliaments Garrison of &illegible; these Artickles with the rest, having there hung ever since without a finall determination, King knowing that I was a main witnes against him in divers of the things laid to his charge, and &illegible; a malignant and inveterate mallice against me, for opposing him in his unjust and unwarrantable actions, (while I was his Major, and for discovering of them, and often complayning of him to the Earle of &illegible; and Lievt. Gen. Crumwell &c.) to be revenged of me, did upon the 19th. day of July 1645, plot, &illegible; and by lying and &illegible; suggestions to some members of the House of Commons, caused me to be committed as a prisoner, and as a prisoner, by vertue of that his unjust procurement, I lay till the 14th. of October 1645. to my extraordinary charge and dammage, yea, and to the hazard of my life, as I could easily, truly, and undenyably demonstrate.

And yet neither he nor any man for him ever prosecuted any charge against me, for although I lay so long, yet was I delivered before ever I knew truly and legally wherefore I was imprisoned, as appeares by the following Coppy of my releasement.

Die Martis 14. October, 1645.

MR. Recorder acquainted the House, that two Sessions were now passed, &illegible; Lievtenant Colonell Lilbourn was removed to Newgate, and had continued a prisoner there, and this no information or other charge had &illegible; yet brought against him, and at this last Sessions, he humbly desired either to be tryed or to be discharged, and &illegible; &illegible; thereupon resolved upon the question, that Lievtenant Colonell Lilbourn be &illegible; discharged from his imprisonment.

To the Keeper of Newgate or his Deputy.

Hen. Elsing. Cler. Parl. D. Com.

And that King was the Instrumentall cause of my imprisonment, appeares clearly to me, by what I find recorded by his good friend and my grand enemy Mr. Prinne in the latter end of the &illegible; Page of his booke intituled the Lyer confounded, and by what I find recorded under Kings hand in the 8th. page of his co-partner. Doctor Bastwicke Booke, written against my selfe, for although Doctor Bastwick be now my bitter Enemy, and his hand be with Kings to the Information which Doctor Bastwick there saith was put into the House of Commons against me: yet I am &illegible; to thinke that King was the King leader in it, because at that time there was no visible nor professed breach of friendship betwixt Doctor Bastwick and my selfe.

Vpon which provocation by King, it might be, and I do believe it to be true, that J might be free in my discourse at severall times of King, and the forementioned charge &illegible; Treason given into the House of Commons against him, and J am very confident it will be made good by sufficient proofes and witnesses, according to the rules of Warre, when it there comes to a tryall, but do not own the words specified by him in every particular.

Therefore J conceive it unjust, irration all, and Anti-Parliamentary, for an inferiour and subordinate Court, as the Court of Common Pleas is, to medle with this businesse, it being now dependent in Parliament, the supream Court, and unjudged there as yet, although the prosecutors &illegible; at their utmost perill to prove their charge against him.

Therefore my Lord, in my apprehension, Kings former mallice manifested about my commitment, and his present bringing me before you, are meer evasions and tricks to terrify me and all others from prosecuting him in Parliament, and also (under favour) your medling with it in your Court, it being still depending in Parliament, and not by them referred to you, is an incroachment upon their Priviledges, and J am the rather confirmed in this opinion, when I seriously read over Mr. Prinnes Booke, cal’d the &illegible; of cowardice and &illegible; he being Colonell Kings very good friend and councellor, and therefore his words in this case are of the more weight and authority &illegible; 1. 12. being a professed adversary to me, who citing the Rolles of Parliament of the 1. R. 2. num. 38, 39, 40. which containes the case of &illegible; and Weston, hath these observations and inferences from them, in the 7th. page thereof.

That it is to be remembred, that Ieffery Martin Clearke of the Crown made this very Record, and delivered it thus written in this present Roll, with his own hand, therefore saith he, from this memorable Record, J shall onely observe these few particulars.

1. That the Surrender of Townes, or Castles to the Enemy, through Cowardice or Treachery, is properly examinable and tryable onely in Parliament.

Jt being a detryment to the whole Kingdome, and so fit to be determined by the representative Body of the Kingdome.

2. That the Cowardly delivering up of any Town or Castle by the Governour thereof, to the Enemy, is a Capitall Offence, deserveth death, and likewise the losse of it through his &illegible; or default.

3. That every Governour, who takes upon him the custody of any Fort or Town, is obliged in point of Trust, and duty, under Pain of DEATH to defend is to the &illegible; extremity.

4. That the concurrent consent of a Councell of Warre or Souldiers, to render up a Town to the Enemy before utmost extremity, for the saving of the Houses, Lives and Goods of the Soldiers or Inhabitants, &illegible; no excuse at all to justify or &illegible; &illegible; &illegible; Governours dishonourable &illegible; and offence.

5. That those who are accused of such an unworthy Surrender of any Town or Castle ought to be apprehended and kept in safe custody, till their Tryalls be past, and not suffered to go at large.

6. That a Governour giving timely notice of the Enemies apporach, of the weakenesse of the Garrison, his &illegible; for &illegible; &illegible; and repulsing of the Enemy for a season, will no &illegible; excuse his surrender of a Town or Castle, unlesse he hold it out to the utmost extremity, or Surrender it by the consent of those, who entrusted him with the Custody thereof.

7. That the violent Battery of the Walles, or drayning of the Dykes of any Castle or Citie, or any breach made &illegible; them by the Enemy (though extraordinary powerfull) are no sufficient causes or &illegible; for any Governour to Surrender them upon composition to the Enemy, while there is sufficient victuals, men, or ammunition to desend them; And that they must in no wise be surrendred, without consent of those who put in the &illegible; &illegible; the greatest part of the Souldier, be &illegible; the victuals or ammutionn quite spent, and all hopes of reliefe dispayred of utterly upon good grounds.

Which is cleare by the Case of Weston, who made a better defence of the Castle of Out &illegible; with 38. men onely, against more then 8000. Enemyes, (who &illegible; assaulted, battered it for 6. dayes together, with &illegible; great Commons and other Engines, and pleaded farre more in his defence of his surrender of it, then many now can do, for surrendring of Townes and Castles of far greater importance, then this Castle was, and yet for all this Weston in full Parliament, was adjudged to death for it.

Thus far the words of an adversary to me, and Kings especiall friend and councellor, and therefore of the more weight and authority. Titus 1. 12., 13.

Therefore my Lord, laying all these things together, as 1. Col. King and J being both Soldiers’ under one Generall, namely the Earl of Manchester, who was authorized by Parliament to govern his Army by Martiall Law, which Law was plainly printed by the same authority, and openly published to the view of every Commander, Officer & Souldier; for transgressing against which Artickles, many in a martiall way have lost their lives, and no other visible Rule that J knew off, was to be the Rule and Judge of our actions, or offences, but that Law, unto the power and authority of which, both Col. King and my selfe did voluntarily stoop, and therefore (as I humbly conceive) wee are not to be tryed by the Rules of the Common Law, (which I thinke no man in the world fully and truly knowes) for our actions committed in our souldier condition, which is the true cause betwixt him and me. 2. I did my duty according to the trust reposed in me, By the State Legall & representative, and by my Generall from whom I had my Commission, and according to the private commands of Lievtenant Generall Crumwel, which was to be faithfull in my place, and to complain, either of Col. King, or whomsoever I groundedly knew, did any action, that tended to the ruine of Salus &illegible; The safety of the People, or the State univresall, and he promised me upon his Honour and Reputation, that he would doe the best he could to have justice done, which is the very life of all societies or Common Wealths, and that without which, the People cannot be happy or safe; yea, & he gave me the reason, wherefore he so earnestly tyed me to it, which was because our Generall with his Army was to march out of Lincoln, Shire, and that Country being lately wonne out of the hands of the Cavaliers, there being very few of that Country at that time that desired Command under the Generall, (saith he) wee are necessitated to make use of Col. King, and to make him governour of Boston and Holland, upon whom he &illegible; then as an active popular man, who promised to do mighty things for the good of that Country, and the Publique.

But in regard divers of the chiefe men of Boston do mislike him, I have therefore (saith he) in his behalfe engaged my selfe to them for him, that he shall be faithfull, just and honest towards them, and therefore in regard I have no large experience of the man, and of his temper, I principally looke upon thee Lilbourne, and thy Lievtenant Colonel, whose faithfulnesse. I can rest upon, & for both of whom I have used my interest, to place on purpose with him, that so if he should breake out to the dishonour of my ingagement, and the detriment of the publique, I may from time to time be sure to know of it, that so it may be prevented before it be past remedy.

But King being pussed up with his Command, tooke upon him an absolute regall tyranicall authority over all his Officers, but especially those that were betrusted in Commission as well as himselfe, and to do his chiefe actions by the rule of his own will, without their privity or advice, which tended to the ruine of all that were under him, and consequently of that whole country, he having treacherously lost Crowland and Boston put in extream danger, by his absolute wilfulnesse, if not treachery, the making known whereof, with his cariages at Newarke Siedge &c. cost me in sending posts to the Earle of Manchester, and Lievtenant Generall Crumwell, then, in or about Camebridge, I am very confident 20. or 10. l. which so madded him, that he imprisoned Major Rogers for dating to go and complain against him, I being in those straights in regard of the charge I had taken upon me, that I durst not stir my selfe, till all was cleare, without feare or danger of an enemy, he having already by the Law of his own will, &illegible; his Lievtenant Colonell, without ground or cause, and endeavoured the apparent destruction of Capt. Camebridge, and all the honest, zealous and conscientious men, under his command, which to me was an ill Omen of his intentions.

Therefore I say, so soon as I durst leave my charge, I &illegible; away to Bedford, where I found my Generall, and Lievetenant Generall Crumwell, and could them both fully of Kings cariage, and that he commanded his forces to march forward and backward, where, and when he pleased, without the advice, &illegible; and consent of his Field Officers &c. who were to ingage their lives a thousand times more then himselfe, in managing the designes he let them about, and that the Committee of Lincolnshare had paid him diverse thousands of pound, to pay his Officers and Souldiers at Newarke Sledge, but J could not heare that he paid one penny to any Officer there, and for my own part J am sure J could not get a penny from him, although J am confident J tooke as much paines both night and day, and hazarded my person as freely, and as often as any Major at that Leaguer did.

So likewise, although the Country sent in great store of provision for his Regiment gratis, yet he and his under Sutlers, made both my selfe and other of his Officers and Souldiers, pay ready money for a great part of it, to their extraordinary &illegible; provoking them thereby to mutiny, and so full was he of arrogancy pride and contention (contesting with and, or most of the chiefe Commanders there) that Sir Iohn Mildrum told me, that he &illegible; such a fire of contention amongst them that he dorst scarce call a Councell of Warre to confuse how to manage their busines, for fear King should set them all together by the carres, and so destroy the busines, being there continually in contestation with my Lord willoughby, Col. &illegible; Sir Mytes Hubbard, Sir Iohn Pagraffe and divers of the Lincoln Committee &c. which did so trouble and distract the old Knight Sir Iohn Meldrum, our commander in chiefe, that he knew not well what to do, when Rupert came upon us, by reason of our own distractions a-among our selves.

And I dare confidently averre it upon my conscience, that hee (namely King) was one of the greatest instruments of our overthrow and ruine, and therefore if Thomas Earle of Lancaster, (as Mr. Prinne in the a page of the foresaid booke recordeth) was proclaimed a Traytor, by the whole Army in the 12. yeare of King Edward the second; for departing in discontent from the Army, at the siege of Barwick, by meanes whereof it was not taken, and the siege raised; then I desire to know what Colonell King deserveth, that at the siege of Newark carried himselfe so, that hee did raise discontents, and little better then mutinies, by meanes whereof the siege was not only raised, but the whole Army in a manner destroyed, to the extraordinary danger of the whole Kingdome.

I also told my Lord that after the articles of agreement was concluded, Colonell King commanded, (and in a manner forced me) contrary to the Agreement, to march away his Regiment in a hostill manner, with their armes, &c. by meanes of which we were set upon by their horse, and forcibly disarmed, which did also occasion the plundering of us, as violaters of our Covenant and contract; to the disparagement of the whole army, yea, and the Parliament it selfe, and to the extreme hazard and danger of abundance of our lives; yet King was so honest, and valiant, that as soone as he saw the storme fall upon us, he fairely left us, and shifted for himselfe, without being plundered as we were, at which bout I lost well nigh 100 l, being plundered from the crowne of my head to the sole of my soot.

I further told him, that the Towne of Boston had been in extreame danger, for after &illegible; was discerted, and Ruperts forces possessed of it, and daily newes brought into Boston, that Rupert would affault it on both sides the river; I moved Colonell King, that seeing the armes of his owne Regiment &c. was lost, and he in no possibility to defend the Towne of himselfe at the present, that therefore (the Towne being of that consequence, that if it should be lost, the Enemy might presently make it, the absolutest strong Towne in England for themselves) that he would forthwith send to Colonell Walton, then Governour of Linne, to intreat him to land him at his great need and strait 4. or 500 men, to defend the Towne, till such time that he could get his owne Regiment againe together, which he absolutely refused, and told me plainly that he would never send for another to command and affront him in his owne Jurisdiction, which the Linne men would do, (he said) if they come, at which I being excreedingly troubled, that he should preferre his owne domination before the preservation of so considerable a Towne and Garrison, it made mee beleeve hee intended to betray it.

Whereupon I went to Mr. Major, then as I remember, at Alderman Tilsans, and told them both, with some others, that their Towne was in extraordinary danger to be lost, and they all undone, if they did not looke about them presently, and told them all the discourse I had had with their unjust oppressing Governor, and told them I conceived all was not right, and therefore I judged my self bound in duty and conscience both before God and man, to tell them what I apprehended of things, and how neare their danger and ruine was at hand, and if they would not helpe to save themselves according to the law of Nature, their ruine be upon themselves; they desiring of me to let them know, what I would advise them to, I told them my advise was, for as many of them to go with me to Colonell King, once againe, as they thought sit, and let us joyntly presse him to send to Linne for men, and if he would not do it, that then we might do it without him.

Vpon which, we went, and at first found him obstinate till (as I remember) Alderman Tilson could him that if he would not joyne with them, they would write to the Governour without him) upon which he was drawn to subscribe, but my Lord of Manchester and the Governour of Lyne, or some others in authority; being mindfull of us in our straits, had ordered Col. Waltons Major, Major Franckling, a stout and gallant man, with about 400. men, to come by Sea to us, & as I remember, his orders were, that he should secure Boston; upon the arivall of whom, Col. King immediately commanded them out of the Town, to go and besiedge Crowland, which a litle before by treachery or his own absolute wilfull negligence, he had given up unto the declared Traytors, and professed enemies of the State and Kingdome.

Of which as soone as I fully understood, I went to Major Frankling, and desired to see his order by vertue of which he came to Boston, and told him how things stood with us, and in what temper I conceived my Colonel to be, and therefore entreated him to be sensible of the trust reposed in him, and of his own Honour, and reputation, professing unto him, that if he at the command of Col. King, marched away with all his men, considering his orders; and the condition which the Town was in, I should look upon it as a meer design betwixt him and Col. King to betray the Town indeed, telling him how weak and unfortified the Towne was, in a manner all round about, being in divers places easy for a man with a Pike staffe to leap over it, and therefore there was no way in the eye of reason to preserve it, seing the Enemies intention (as wee heard) was to fall upon it, unlesse his men stayed in it, or at least the major part of them.

Whereupon he went to Col. King, and (as I remember) in Alderman Tilsons Hall, debated with him his positive command, and with much a doe prevailed that himselfe and a great part of his Soaldiers should stay to defend the Town, and my selfe being left by Col. King, with the consent of the Major and Aldermen, to take care of the towne, I went to Major Frankling, and desired him to go with me to Colonell King, to know what Amunition he had in his Magazine, who assured us upon his reputation, that he had a hundred barrels of powder, and all things fitting besides, and therefore bid us take no care for Ammunition and, being very busie in sending away men, guns, &c. to the intended leaguer of Crowland.

I did not go to the Magazine, to see whether be had told us truth or no, he having taken a quantity of powder with him, and another sent him, he sends his warrant to the Magazine Keeper, for ten barrels more, nor signifying one word of his mind to me, who was then betrusted with the Towne, upon the reciet of which old Mr. Coney the Magazine keeper, came and told me that he had received an order from the Colonell, to send him ten barrels of powder, and saith he what shall I doe, for there is but ten barrels in all in the Magazine.

At the hearing of which I stood amazed, and could him it could not be possible, for (said I) such a day I went to the Colonell with Major Frankling, and he did assure us that he had 100. barrels in store, but Mr. Coney assured me, that there was not one more then 10, the which if wee send to him, there is none to keep their guards (saith he) I asked him if there were not a private store-house for powder, and he told me none at all, then we began to reckon how many barrels were gone out, since he assured Major Frankling and my selfe that he had 100 in store, and all that both the Magazine Keeper, and my selfe could reckon, with those 10 in his hands, and all he had since that day delivered out was (as I remember) 24 or 26:

Whereupon I went to Alderman Tilsons, and asked him whether the Major, himselfe, and the rest of his Brethren, had not a private Magazine, and he told me no, but asked me wherefore I demanded such a question of him, whereupon I could him all the story, &illegible; which he stood amazed, and from him I went to Colonell Kings wise, and desired to know of her, whether shee knew of any private Magazine of powder that her husband had, and shee told me no.

Then I told her all the businesse, and said to her, that I wondred her Husband should assure Major Frankling and my selfe, that he had 100 barreles of powder, when he had but 28, and that he should send for all that he had left, out of the Garison, assuring her that if the ten barrels he had sent for, should be sent him, we should not have one left in the Magazine to defend the Towne with, being then in expectation of the Enemy to Assault us, I told her for my part I could not pick out the English of it.

And I being by the Generall sent post to London to the Committee of both Kingdome, about his marching to take Lincolne againe, and from thence to march to York, to joyne with the Scots, I in the third place ceased not to put that (which lay upon me as a duty) forwards, as soone as an opportunity served, and renewed my complaint against him at Lincolne, and desired it might receive a faire hearing before the Generall and a Counsell of Warre, and that justice might be done according to the rules of Warre, and Mr. Archer and others of the Committee of Lincolne, drew up a very bainous charge against King, and laboured hard for a triall, and in the third place the Major, Aldermen, and towne Clerke, of Boston, came to Lincolne with their Articles against him, which were home enough, and to my knowledge pressed Leu. Gen. Cromwell, to use all his interest in my Lord, that they might be admitted to make them good, before him, and a Counsell of warre, but we could not all prevaile, the reason of which I am not able to render, vnlesse it were that his two Chaplains &illegible; and Garter, prevailed with the Earles two Chaplaint, Mr. Ash and Good, to cast a cleargy mist over their Lords eyes, that he should not be able to see any deformity in Colonell King, but this I dare confidently say, if there we had, had but faire play, and justice impartially, King had at surely dyed, at ever malifactor in England did, and to use the words once againe of his owne bosome friend, and Counseller, Mr. Prince, in page the 6 of the fore cited book, if the late Baron of Graystock, who was a Lord, and one of the &illegible; of the Realme, and had taken upon him safely to keep to the a foresaid Grandfather (King of England) the towne of Barwick: The said Barron perceiving afterward, that the said Grandfather, addressed himselfe to ride into France, the said Barron (without command of the said Granfather) committed the said towne of Barwick to a valiant Esquire Robert Deogle, as Leiu. to the said Barron, for to keep safe the towne of Barwick to the said Grandfather, and the said Barron went as an horse-man to the said parts of France, to the said Grandfather, and there remained in his company. Daring which time an assault of warre, was made upon the said Towne of Barwick, by the said Scott, and the said Robert as Leiu. to the said Barron, valiantly defended the same, and at last by such forceable assaultes, the said Towne was taken upon the said Robert, and two of the sonnes of the said Robert there staine in the defence of the same, notwithstanding that the said Barron himselfe, had taken upon him the safeguard of the said Towne, to the said Grandfather, and departed himselfe without command of the said Grandfather, and the said towne of Barwick lost, in the absence of the Barron, he being in the company of the said Grandfather, in the parts of France, is aforesaid, It was adjudged in Parliament, before his Peares, that the said Towne was lost, in default of the said Barron, and for this cause he had judgment of life, and member, and that he should forfeit all that he had. I say if this Lord, deserved to dye who left a Deputy so manfully to defend the Towne, and also was himselfe with the King in the service, much more King, meerly in reference to Crowland singly, who being Governer thereof, and having placed Captaine Cony therein as his Deputy, with a company of men, sent for him in a brave to humour to Newwarke, when he had no urgent necessity for him, unlesse it were that the world might see the bravery of his Regiment, wch by his agumentation imounted to about 1400, when Cap. Cony certified him, that the Towne being generally Malignant &c would be in great danger by the Beverkers of being lost if he should come away, yet notwithstanding King sent to him againe, and did command him away, and put in a guard of slander and unlase men, which presiged alosse of it to the Committee residing in Holland, upon which they acquainted &illegible; Gennerall; &illegible; then Deputy, Governour of the Ile of Ely, and &illegible; &illegible; him to send a strong guard to preserue and keep it, and he accordingly sent (as I remember) Captaine Underwood, astout man with about a 100 souldiers &c. of which when King heard, he was exceding mad, and did write a most imperious bitter letter, to command them out of his Jurisdiction, where upon they were necessitated to depart, and leave Crowland to his owne slender and &illegible; guard, by meanes of which, within a little while after the Enemy had advantage to supprise that Towne without oposition or difficulty, and did it, so that to speake in the words of the Articles remaining in Parliament against him, he betrayed that Towne, which was not &illegible; without much hazzord and losse, the expence of a prear deal of treasure and many mens lives, the blood of all which &illegible; upon his head, for the lesse of which alone (&illegible; his treachery both to the state universall and representative) he ought to dye without mercy, by the Morall and undispensable Law of God, made long before that ever the Jewes were a Nation, or had any Ceremoniall Law given unto them, which Law is expressed in Gen 9 5, 6. where God speaking to Noah and his sons, saith thus: “And surely your blood of your &illegible; will I require: at the hand of every beall will I require it, and at the hand of man: at the hand of every mans brother will I require the life of man.

Who so shed &illegible; &illegible; by man shall his blood be shed, for in the Iueage of God made be man, reade Revel. 13. 10. But King, though his owne hands did not murder the souldiers that lost their lives in taking it in againe, yet he was the true fountaine and cause wherefore their blood was shed, Deut. 22. 8. Judg. 9. 24. 2. Sam. 12. 9. having apparently, by his wilfulnesse and treachery, lost the Towne; and therefore, wilfull blood being upon his &illegible; he ought to make a legall satisfaction, and &illegible; by his owne blood: I wish with all my soul: the Parliament (your Lordship, and all the rest of the Judges of this Kingdome) would seriously consider and ponder upon this unrepealable law of God, that so wilfull murderert and blood thirsty men might not escape the hands of Justice, and so bring wrath from God upon the whole Kingdome, Gen. 4. 10, 11, 12. Deut. 19. 10. Pial. 206. 38. Jer. 7. 5, 6. and 19. 2. 4. Lament 4. 13, 14. &illegible; 4. 2, 3. Joel 3. 19. &illegible; 2. 8. which cannot be expiared but by the blood of him that shed it, &illegible; 35. 33. Deut. 19. 12, 13. &illegible; Sam. 4. 11, 12, 1 King. 1. 5. 6. 31, 32, 33. and 21. 19. and 2 King. 9. 7. 8, 9, 10. 36. 33. and Chap. 14. 2, 3, 4. but especially that you would thinke upon the grand Murtherer of England (for by this impartiall Law of God there is no exemption of Kings, Princes, Dukes, Earles, Barons, Judges, or Gentlemen, more then of Fisher-men, Coblers, Tinkers, and Chimney-sweepers) upon whose shoulders all the innocent blood that hath in such abundance been shed in this Kingdome, &c. Iyes, for which reckoning I am sure the score is not acquitted in the account of God, nor ought it not to be in the account of man, For if the innocent and righteous blood of our Abel, cry’d so loud for vengeance in the eares of God, against Cain, that God cursed him and all he went about: How much more will the blood of thousands, and ten thousands of innocent persons, that hath been lately shed in England, cry loud in the eares of God, for wrath and vengeance against those that have been the true &illegible; and cause of it, for shed it is, and upon some body the guilt of it lyes; and therefore it is but a solly and madnesse, for the King, Parliament, or People, to talke of peace, all inquisition be made for Englands innocent blood, and Justice done upon the guilty, and wilfull &illegible; of it, for besides the Law of God in Gen. 9 he saith plainly, Numb. 35. 31. That there shall no satisfaction be taken for the life of a murtheres, but that he shall surely be put to death, and in vers. 33. God declares that the shedding-innocent blood &illegible; and polluteth a Land, and that, that cannot be cleased of the blood that is shed therein, but by the blood of him that shed it, and for the innocent blood that &illegible; &illegible; in Jesus &illegible; (although a King) God sent bands of the Caldeans, Syrians, Moathies, and Ammonites to destroy Judah, an remove them out of his sight, for the sinnes of &illegible; their King, and for the innocent blood that he had shed, (which the text saith) The Lord would not pardon, 2 King. 24. 2, 3, 4. “Yea, and because Saul (though a King) slaw some of the &illegible; contrary to the Covenant made with them, God sent afamine upon all Israel for three yeares, for that very innocent blood shed by the King, and there was no expiation, or satisfaction to be made therefore, but by the blood of him that had shed it; and therefore because he himselfe was dead and his blood could not be had, seven of his sons (of his owne blood) must and was hanged up to make satisfactions therefore, Saw. 2. 21. 1, 2, 3, 4. to the 9.

My Lord, the unsufferable provocation of Colonell King, forceth me to present these lines unto you, and I doubt not, but these will tend to his long deserved ruine; and therefore to speake in the words of his friend Mr. Prinne, in a case of the like nature “It is the just hand of God, many times so farre to dementate the very wisest politirians, as to make themselves the principall contrivers of their owne infamy and ruine: for his Knavery, lying in a hole as it were, now he hath by his awesting mee, and bringing me before your Lordship (who I conceive have nothing to do with the businesse, being it is dependant in Parliament the supream Court of the Kingdome,) necessitated me to publish the whole state of the businesse betwixt him and me to the view of the world, because at your Barre I cannot make a plea at large to the whole &illegible; of the Articles, but must be tyed up, as I am told, to a single plea, that is to say, to plead either guilty, or not guilty, unto which I cannot without snares yeeld unto, besides I must, as I am told, plead at your Barre by Serjeants at Law, none of which I know, and therefore will not trust them, come ruine and destruction, and whatever will of me. Againe, my Lord, I must there be tryed by a Jury that neither knowes mee, nor I them, nor knowes any of Kings habituated knavery, nor understands any thing of Martiall Law, the only rule to try him and me in this case, and that which is &illegible; of all, they are chosen (as I am told) by the under Sheriff, of which kind of creatures I never heard any great commendation for their honesty, but have heard of much judging and packing betwixt them and such kind of crafty and large conscioned fellowes, as my Adversary King the Lawyer is, Againe, my Lord, that which is the greatest mischiefe of all, and the oppressing bondage of England ever since the Norman yoke, is this, I must be tryed before you by a Law (called the Common Law) that I know not, nor I thinke no man else, neither do I know where to find it, or reade it, and how I can in such a case be punished by it, I know not: For, my Lord, I have been with divers Lawyers about this very businesse, I cannot find two of them of one mind, or that can plainly describe unto &illegible; what is the way of your goings; so that I professe I am in the darke amongst briers and thornes, and fast in a trap by the heeles, and enemies round about me ready to destroy me, if I be not very wary with my tongue and which way to get out, or how, or to whom to call to for help I know not, for such an unfathomable gulfe have I by a little &illegible; found, the Law practises in Westminster Hall to be, that seriously I thinke there is neither end nor bottom of them, so many uncertainties, formalities, puntillo’s, and that which is worse, all the entryes and proceedings in Latine, a language I understand not, nor one of a thousand of my native Country men, so that my Lord, when I read the Scripture, and the House of Commons late &illegible; Declaration, it makes me thinke that the practizes in the Courts at Westminster, flow not from God nor his Law, nor the law of Nature and reason, no nor yet from the understanding of any righteous, just or honest men, but from the Devill, and the will of Tyrants.

First my Lord, the House of Commons declaration April 17. 1646 tels me, that their intentions are not to change the ancient frame of Government within this Kingdome, but to obtaine the end of the Primitive institution of all Government, the safty and weale of the people, (atmost goulden saying) but I am sure it cannot be for the peoples safety, nor welfare, to have their lives, liberties, and estates, Judged by a laws the &illegible; and proceedings of which are in Latine, and so without there understanding, there cases in Heathen Greeke or Pedlers French, and so beyond their knowledg, and man of their rules in the orracles of Judges breasts, whose Judgments many times have been destructive to the lives liberties and estates, of all the free men of England, witnesse there late Judgment in shipmoney &c. neiteer are such practices agreeable to the Ancient constitutions of Kingdoms.

And secondly when God gives his law unto the sonnes of men, he doth it plainly, without ambiguous termes, and in their &illegible; language, as first for Adam, the law God gaue him was plaine and short, with a declared penalty annexed unto it, Gen. 2. 16. 17. And the Lord God commanded the man, saying, of every tree of the Garden thou mayest freely care. But of the tree of the knowledge of good and evil, thou shalt not eat of it, for in the day thou eatest thereof, thou shalt surely die. And his law in the 9. of Gen. about murther is as plaine as this, for who so sheadeth mans blood (saith he) by man shall his blood be shed, for in the Image of God made he man, and so likewise when God comes to give a law unto &illegible; as a nation, yea and that law which we call the Morrall law, and observe as binding to us to this day, he doth it in plaine words, without ambiguous or doubtfull &illegible; short and in their owne tongue Exo. 20 and that the people might be at a certaintie, Moses as his Minister, and officer, writ, and reade it in the audience of the people, unto which they &illegible; their consent, Exo. 24. 4. 6. and after that God writ them himselfe with his finger, and delivered them to Moses. that so the people might be taught them, Exo. 24. 12. & 31. 18. and chap. 34. yea, and in this plainnesse, was all the &illegible; God &illegible; unto them, which he did not only barely take, and so let the people goe seeke them where they could find them, but he also with Majestie, proclaimes them openly and as if that were not enough, that so they might know the Law and not in the least plead ignorance of it, Moses declares it to them againe, and againe Deu. 5. & chap. 6. & chap. 9. & 11. Yea and commands them to reach their Children, and to speak of them, when they sit in their house, and when they go abroad, and when they &illegible; downe, and rise up. yea and that they should &illegible; them upon the posts of their houses, and up in their gates Deu. 11. 19. 20. yea and that they should write them very plainly Dent. 27. 8. and the reason is because the just God hath done, and will doe just and righteous things, and will not be so unjust as to punnish men for &illegible; a law they know not, and therefore saith Moses to Israel in the behalfe of the just God, and his law, Its not hidden from thee, neither is it farre off It is not in Heaven, that thou shouldest; say who shall go up for us to Heaven, and bring it unto us, that wee may heare it, and doe it; neither is it beyond the Sea, that thou shouldest say, who shall go over the Sea for us, and bring it unto us, that wee may heare it, and doe it: But the word is very high unto thee, in thy mouth, and in thy heart, that thou must doe it, so (saith he) I have set before thee this day &illegible; and good, death and evill &illegible; 30. 11. 12. 13, 14. 19. yea and that the generations to come, might not think that God dealt &illegible; with them, in exacting obedience from them, who lived nor in Moses &illegible; to heare the Law so sollemoly &illegible; he delivers it a stnading Law (in future generations) unto the Priests Elders, and people, that at the end of every seaven Yeares, in the solemnity of the yeare of release, in the feast of Tabernacles: When all I shall is com to appeare before the Lord thy God, in the place which he shall choose: Thou shalt read this Law before all Israell in their &illegible; Gather the people together, men and women, and children, and thy stranger that is within thy &illegible; that they may heare, and that they may learne, & feare the Lord your God, and observe to doe al the words of this Law: And that their Children which have not knowne any thing, may &illegible; and learne to feare the Lord your God, as long as you live, Deut. 31. 9. 10. 11. 12. 13. So wee see how just and exact God is to the people, in giving them a short, plain and easie to be understood Law, in their owne tongue, and not in the language of strangers, and what care be takes to have it published and taught unto the people.

But if wee will but impartially read our English histories, wee shall clearely find, that the tedious, unknowne, and impossible to be understood, common law practises in Westminster Hill, came in by the will of a Tyrant, namly William the Conquerer, who by his sword conquered this Kingdome, and professed he had it from none but God and his sword Danniel 42. subdued their honest and just law (Speed 424.) cummonly called the law of Edward the Confess and as Daniel saith fol. 44. set up new termes, new constitutions, new formes of pleas, new offices, and Courts, and that whereas (saith he fol. 46) before the causes of the Kingdome were determined in every Shire, and by Law of King Edwad se. all matters in question should upon especiall penalty, with out further deferment, be finally deculed in their Gemore or conventions held monthly an every hundred, he ordained, that fower times in the yeare for certain dayes, the same businesse should be determined in such place as he would appoint, where he constituted Judges to attend for that purpose, and others from whom, as from the be some of the Prince, all litigators should have justice, and from whom was no appeale, and made his Judges (saith Martin in his history folo 5.) follow his Court upon all removes, which tired out the English Nation, with extreordinary troubles and excessive charges in the prosecution of their suites in Law, and saith fol 4. he also enacted, and established strait and severe Lawes, and published them in his owne language (as all the practizes of the Law, and all petitions and businesse of the court were) by meanes whereof many (who were of great estate, and of much worth) tough ignorance did transgresse, and their smalest offences, were gerat enough to intitle the Conquerour to the lands, and riches which they did possesset all which heseized on and tooke from them without remorse.

And although the agrieved Lords, and sad People of England, humbly petitioned him, that according to his oath (twice formerly taken) that he would restore them the Lawes of St Edward, under which they were born and bred, and not adde unto all the rest of their misery, to deliver them up to be judged by a strange Law they understood not, whose importunity so faire prevailed with him, that he tooke his oath the third time, to preserve their Lawes, and liberties, but like a prejur’d Tyrant, never observed any of his oaths, and the same (saith Danul Fol. 43.) did Henry the first, Henry “the second, and King Iohn. &c. and yet notwithstanding these followed (saith he) a great innovation, both in the Lawes and Government of England, so that this seems rather to be done to acquit the People, with the show of the continuation of their ancient Customes and Liberties, then that they enjoyed them in effect. For the little conformity between them of former times, and these that followed upon this change of State, and though there may be some veines issuing from former originals, yet the main stream of our Common law, with the practice thereof, flowed out of Normandy, notwithstanding all objections can be made to the counary, and therefore I say it came from the Will of a Tyrant.

But it may be objected, that the Law it selfe, is not now either in French or Latine, and therefore not so bad as you would make it.

I shall answer in the words of Daniel, Follio 251. That it is true, upon the Petition of the Commons to Edward the third, He caused Pleas which before were in French, to be &illegible; in English, that the Subjects might understand the Law by which he houlds what he hath, and is to know what he doth, a blessed Act, and worthy so great a King; If he could thereby have rendred the same also perspicuous, it had been a worke of eternall honour, but &illegible; (&illegible; he) is the Fate of Law, that in what language soever it speaks, it never speaks plain, but is wrapt up in such difficulties and misteries, (as all &illegible; of profit are) as it gives more afliction to the People, then it doth remedy, & therefore when Magna Charta, after many a bloudy &illegible; and the purchase of many hundred thousands of pounds, was obtained and confirmed by Edward the first, in the 27. year of his Raign, divers Patrons of their Country, as Sir Edvvard Cook. in his Proom before the second part of his &illegible; declares, that after the making of Magna Charta, &c. divers learned men in the Lawes, (that I may use the words of the Record) kept Schooles of the Law in the &illegible; of London, and taught such as resorted to them, the Lawe, of the Realm, taking their foundation from Magna Charta, and Charta de Forrestis, which the King sought to impeach, and therefore, in the 19th yeare of his Raign, by his Writ, commanded the &illegible; and Sheriffes of London, to suppresse all such Schooles, under great penalties, (such &illegible; are Tyrants, to the Peoples knowledge & understanding of their Lawes and Liberties, that so they may rule by their wils and pleasures, for the impugning and &illegible; of which &c. this wicked and leud King, was dis-throned, at the doing of which, he confessed, that he had been mis-guided, and done many things &illegible; of now (too late) &illegible; repented, which if be were to govern again, be would become a new man, and was most sorrowfull to have offended the State, as it should thus utterly reject him, but yet gave them thanks that they were so gracious unto him, as to elect his eldest sount for King.

And Henry the third in the 7. 8th yeares of his Raigne confirmed the great Charter, which notwithstanding he continually broke them, and fetcht over the Poictonians, by the advice of his evill Councell, to over-awe his People, and &illegible; late their Liberties, wherefore his Nobles &c. sent him expresse word, That unlesse he would omend his doings they would expell him and his evil Counceltors out of the Lord, and deal for the creation of a new King, Daniel. Fol. 154.

But I desire not to be mis-understood, for in the harshnes of my expressions against the Common Law, I put (to J conceive) a cleare distinction of it, from the Statute Law, which though there be many faults in it, as I could easily show, yet I desire not here to say any greater evill of it then this, that the 28, 29. Chap. of Magna Charta, the Petition of Regir., and the late Act for &illegible; the Star-Chamber, are gallant Lawes, and &illegible; I can find in the whole vollnmnious Booke of &illegible; for in my apprehension they &illegible; &illegible; short, in a sufficiently providing for that which lately the Honourable House of Commons saith is the end of all Government, (the safety and weale of the People, so in my judgement, they do not positively and legally hold out a sufficient security to hedge &illegible; to keepe in peace and to preserve the splendor and glory of that underived &illegible; and King ship, that inherently resides in the People. or the State universall, (the representation or derivation of which, is formally and legally in the State &illegible; &illegible; and none &illegible; (whose actions ought all to tend to that end) against &illegible; &illegible; usurpations, and violence of all it’s creatures, officers and Ministers, &illegible; the number of which are Kings themselves, from whom, and for whome they have all their Power and authority, as the executions of their will and mind, for their good and benefit, to whom they are accountable for the faithfull discharge of that trust reposed in them, as not onely Scripture, but nature and reason, dothfully prove, yea, and our own writers, especially the late Observator, and Mr. Prinne, in his Soveraign power of Parliaments, and Kingdomes, printed by speciall authority from the house of Commons.

1. Although Magna Charta be commonly called the English mans inheritance, because it is the best in that kind he hath, and which was purchased with so much brave English bloud, and money, by our fore-fathers, before they could wring it out of the hands of their tiranicall Kings (the successours of William the Conquerer) as I have largely elsewhere clearly manifested, yet alas in my aprehension, it falles short of Edward the Consissours lawes, which the Conquerer rob’d England of, and in stead of them, set up the dictates of his own will, whose Norman rules, and practizes to this day yet remaines in the administrations of the Common Law at Westminster Hall, by reason &illegible; their rediousnesse, ambiguities, uncertainties, the entryes in Lattine (as bed as the French) because it is not our own tongue, their forcing men to plead by Lawyers, and not permitting themselves to plead their own causes, their compelling of persons to come from all places of the Kingdome, to seeke for justice at Westminster, which is such an iron Norman Yoke, with fangs and teeth in it, that if wee were free in every particular elce, that our hearts can thinke of, yet were we slaves by this alone, the burthen of which singly, will pierce and gail our shouldiers, and make us bow and stoop to the ground, ready to be made a prey, not onely by great men, but even by every cunning sharking knave.

O therefore that your Lordshp would desire and solicite our honourable Parliament, according to the late Declaration, forever to annihilate this Norman innovation, and reduce us back to that part of the ancient frame of government in this Kingdome. before the Conquers dayes, and that wee may have all causes and differences decided in the County, or Hundred, where they are committed, or do arise, without any appeal but to a Parliament, and that they may monthly be Iudged by twelve men, of free and honest condition, chosen by themselves, with their grave or chiefe Officer amongst them, and that they may sweare to judge every mans cause eright, without Feare, Favour, or affection, and then farewell jangling Lawyers, the wild-fire destroyers, and bone of all just, rationall, & right governed Common-wealths; and for the faciliating of this worke, and the prevention of Frauds, I shall onely &illegible; of Mr. Iohn Cooks words a Lawyer of Grayes Inne, in the 66. page of his late published Booke called a vindication of the proffessors, and presession of the Law, where he prescribes a ready remedy against frauds, which is that there might be a publique Office in every County, to register all Leases made for any Land, in that County and also all Conveiances whatsoever, and all charges upon the Lands, & all Bonds, and Contracts of any valles, for (saith he) it is a &illegible; matter, to findout all Recognizances, Iudgements, extents, and other charges, and too chargeable for the Subject) that for 12d. or some such small matter, might know in whom the interest of Land remaines, and what incumbrances lye upon it, and every estate or charge not entred there to be void in Law, and that the country have &illegible; chusing of the Registers in their respective Counties once a yeare, upon a fixed day, and that they have plain rules &illegible; &illegible;, made by the authority of Parliament, and severe penalties nocted for the transgressing them.

My Lord, I hope you will not be offended at me for my plainesse, especially if you consider the necessities laid upon me, for I professe really, I am not able to imagine any other remedy for my preservation but this, (having had my Petition about this businesse, above a month in divers of my friends hands in the House of Commons, but cannot get it read.

And having contested this 7. yeares, with all sorts, and kind of persons, that would destroy me, and having often been in the field, amongst Ballets and Swords, to maintain the Common Liberties and Freedomes of England, against all the traytorly oppugners thereof, and having by the goodnesse of my God, escaped many dangers and death, and being in my own apprehension, ready to be ruinated and destroyed, by a weapon, inferior to a Taylors Bodkin, (namely) a Formallity, or Puntillo in the Law, it hath ronzed up my spirits, to charge it with a Souldiers pure resolution, in a new and unwonted manner, being necessitated to cast all care behind me, and say unto myselfe, that as hitherto I have not lived by any mans favour and grace, so, for my own safety, I will now be affraid of no mans indignation or displeasure, cost what it will, and if J perish, I perish.

2. &illegible; your Lordship, or any other great man, be moved with choller or indignation against me, (as I desire you may not) and shall, endeavour to doe me a mischiefe, for this my plain, dealing, I hope I shall be kept out of danger, by the authority of the Parliaments own Declarations, but especially by those words of theirs, in their exhortation to men to take their Covenant, which are thus.

And as for those Cleargy men, who pretend, that they (above all others) can not Covenant to extirpate Episcopall Government, because they have (as they say) taken a solemne hath to obey the Bishops, in lieitis & honestis, they can tell and if they please, that they that have sworn obedience to the Lawes of the Land, are not thereby prohibited from endeavouring by all lawfull we &illegible; the abolition of those Lawes, when they prove inconvenicue &illegible; mischievous &c.

And I am confident, that if J fall into the hands of those that made the Covenant, (who are the firtest interpreters of it) I shall doe well enough; But from the Sect of the Adamites, that would have no man live in England that are honester then themselves, and from the late London Remonstrators, that would have all men disfranchized (although never so honest) that are not of their minds, and Judgements, and who doe, and would rob the representative body of all the Commons of England, of their Legislative power, and from the Executors of strange and unknown Lawes, which destroy and undoe men, (though never so upright) by formallities and puntillo’s, good Lord &illegible;

Your Lordships Servant, and a true bred Englishman,

JOHN LILBVRNE.

From my House in Halfe-Moon
&illegible; &illegible; Petry-France, &illegible; Bishops
&illegible; Lond. Iune, 6th 1646.

The forementioned Petition thus followes,

To the Right Honourable, the Representative Body of the Commons. OF ENGLAND: In Parliament assembled. The humble Petition of Lievt. Col. Iohn Lilbvrne,

Sheweth,

THat upon the differences betwixt the King, and Parliament, the Commons of England, for the defence and preservation of their Lawes and just Liberties, by authority of Parliament were necessitated to take up Armes, for the suppression of the Forces raysed by the King. In this Warre against the Parliament, the Forces raysed by the King. In this Warre against the Parliament, the Forces raysed in the Eastern Association, were committed and entrusted under the command of the Earle of Manchester, as Major Generall there, from whom your Petitioner had a Commission to be Major to Col. King, and particular instructions, and private directions, from Lievt. Gen. Crumwel, to take and give unto them, or one of them, (upon all occasions) Information, and Intelligence, of the State and condicion of Liccoln-Shire, under the command of the said Colonel King, and of the cariage and, behaviour of the said Col. King, towards the Country, and Souldiery, and how he discharged his place and trust. Which your Petitioner with all faithfulnesse and diligence did accordingly, to his extraordinary expences, not neglecting any advantage, or oportunity, which might further the publicke service, or discover the designes of the Enemy, or the said Col. Kings miscariage and neglect, of his trust and duty, the said Col. King taking upon him anunlimited and unwarrantable power destructive to the trust reposed in him.

&illegible; upon your Petitioners discovery and making known both unto the Earl, & L. Gen. Crumwel, (according to his instructions and trust reposed in him) the malignancy, insolencies, and unfaithfulnesse of the said Col. King, to the State, in the neglect of his charge, & his bad usage of the Country, to the great dis-service of the Parliament, and danger of the losse of the whole Country, (Crowland being by him betraid unto the Enemy, and was not regained, without great charge and hazard, yea; and the losse of many mens lives, the said Col. King was thereupon discharged, and put out of all his commands, and offices, (being then very many, and profitable) but was not brought to tryall for his said offences, at a Councell of Warre, which your Petitioner and others much endeavoured to have done. Whereupon Mr. Miessenden, Mr. Wolley, & divers others (Gentlemen of quality) of the Committe of Lincoln, in August 1644. exhibited to this Honourable House, severall Articles, (since printed) a Coppy whereof is hereunto annexed, against the said Col. King, thereby chargeing him with severall Treasons, Insolencies, setting up and exercising an Arbitrary, exorbitant, and unlimited power, over the Country, and Souldiery, with many other insolencies, and foule misdemeanors, all which are yet depending before this honourable House, and not yet determined, being some of them, for, or concerning the losse and surrender of Townes to the Enemies, through his treachery or negligence, and so the offence Capitall, and properly examinable, and onely tryable in Parliament, as appeares Rot. Parl. 1. Rich. 2. Nu. 38. 39. 40. Rot. Parler. Rich. 2. Num. 17. 22.

Now the said Col. King, being privie to his owne guiltinesse, and well knowing your Petitioner to be a principall witnesse for the proofe of divers of the said Articles, out of his mallice and wickednesse to your Petitioner upon a groundlesse complaint, & untrue surmises, made by him to this Honourable House, in &illegible; last, procured your Petitioner to be committed to the custody of the Serjeant at Armes, attending this honourable House, your Petitioner being thence removed to Newgate, but he, nor any other, prosecuting any charge against him, after he had lyen about 13, weakes there, he was discharged of his imprisonment by order of this House.

And the said Col. King, the more to vex, and unjustly trouble your Petitioner and to the end to take away his testimony, and deterre others from appearing against the said Col. King, upon his tryall upon the said Articles, a little before Easter Tearme last, caused your Petitioner to be arested at his own suite, upon an action of 2000l, for pretended words, alleadging by his Declaration, that your Petitioner should have said that the said Col. King was a traytor, and he gives forth in speeches, he will undoubtedly recover the same against your Petitioner, and thereby utterly ruine, him, and is indeed verry likely to doe the same, by these his sinister practizes, if by this Honourable House, your Petitioner be not relieved & protected, according to justice and equity.

Your Petitioner therefore humbly desires this Honourable House will be pleased, in regard your Petitioner hath not done or said any thing against the said Col. King, but what will be proved when he shall be brought to Tryall before this honourable House, upon the said Articles and Charge; and for that your Petitioner cannot at Law give any Plea in Bar, or justification of the words pretended to be spoken by him, untill the said Col. King be either convected, or acquitted upon his Tryall, upon the said Articles and charge, to give Order, and direction to the said Col. King, and to the Iustices of the &illegible; of Common Pleas, (where the Action dependeth) to &illegible; and no further proceed upon the said Action of 2000l. against your Petitioner. And for the good, and satisfaction of the Kingdome, and the &illegible; and vindication of your Petitioners integrity and faithfulnesse in what he hath said or done touching the premyses, to bring the said Col. King to tryall (in a Parliamentary way) that to be may receive condigne punishment for the injuries and wrongs he hath done, and wherewith he is charged in the said Articles.

And your Petitioner shall pray, &c.

Courteous Reader, if I had had roome here should have been an Errata, but the principall fault passed the Presse, in Page 14. line 16. read, which King Edward 2. for which the King.

Articles exhibited against Col. Edward King, for his insolencies and misdemenors in the County of Lincoln, to the Honourable House of Commons, in August 1644. by Mr. Mussenden, Mr. Wolley, and divers others of the Committee of Lincoln.

Imprimis, That to the great discouragement of the County, he doth openly declare, his slighting of all mens good affections to the Parliaments service, by expressing that he valueth not that men should do the Parliament service voluntarily, but that he would by his power force them to serve.

2. That he doth pay those great summes of money raysed by him out of the Country, onely to whom he pleaseth against all equity and justice, notwithstanding the Lord of Monchesters Order to the contrary.

3. That he hath publickly declared his slighting the ordnances of Parliament, & done very many tyranicall & arbitrary actions, by imprisoning divers persons at his pleasure, and exacting great sums of money, at such time when necessity could be no plea, with many other particulars.

4. When he was before Newark he sent for a Captain who kept Crowland, who obeyed his command, yet sent word to him of the danger that town was in, and therefore desired his second pleasure, which was that he should march, who accordingly did, the Gentlemen of the Country, fearing the enemy, procured Major Ireton to send a 100. Musqueriers to keep Crowland, which he hearing of took ill that without order from him any should come into his liberties & commanded them to be gone, who accordingly departed, the enemy presently surprized the town, and those few that he had lest in it, by which meanes he betrayed the town unto the enemy, which was not regained without much charge, hazard, and losse of many mens lives.

5. That he gives protections for securing both person and goods, to those who are professed enemies to the Parlament.

6. That he imployeth such officers, as are altogether unfit for the Countryes service.

7. That he doth most grossely and unworthily affront and abuse the wel-affected Gentry of the Country.

8. That he doth encourage desperate Malignants, and animateth them against the wel-affected.

9. That he & his officers have imprisoned men wel-affected to the Parliament, and caused their houses, chests, trunks, &c. to be searched for pewter, brasse, & linnen, and threatned that they would make it cost one of them his whole estate, and that one of his officer, would not take three hundrd pounds for his own satisfaction.

10. That at the &illegible; before Newark such provision as the country had voluntarily and freely sent in to Col. Kings quarters at &illegible; for the maintenance of the souldiers, his officers would not deliver without money, although they had not pay, to the extream oppression and discouragement of the Country.

11. That he sent three warrants to Capt. &illegible; at &illegible; to take away a great quantity of Wooll which was bought by Mr Rawson one of the Committee, and paid for with his own money, and so the said Rawson is likely to lose his estate, although he hath been a sufferer both for Church and common wealth this twenty yeares, and hath &illegible; him a malignant, both in his words and letters, as much as in him did lye.

12. That when the enemy took Grantham, they being &illegible; from one part of the town, wheeled about to fall upon the other side, or a place cal’d the Spittle-gate, which &illegible; being then Major of the town perceiving, commanded Col. King, being then &illegible; of a Company thereto match with his Company to defend that place, Col. King answered, that be scorned to be commanded by him, and rather then he would be commanded by him, he would take his company and let the enemy into the town, and he delayed so long, before he would go, that the enemy was entred at the said Port, before he came thither, by which meanes he betrayed that town.

13. That when Commissary Iames had brought in certain sheep from a malignant for the reliefe of the fiedge at Newarke, being then in great want, Col. King caused the the said sheep to be restored to the malignant, and told the Commisary that he deserved to be hanged, with divers other threatning and reviling speeches; notwithstanding he had order from Sir John Meldrum and the Committee for the taking of them.

14. That Colonel King having promised the Lord of Manchester to raise a great number of Horse and Foot, the said Col. King, as did appeare, not knowing how to rayse so great a number, did to the great discouragement of the Country, take this course; in the first place he cashiered Major Syler, with him three hundred Voluntiers, which served on their own charge, who with the townsmen had alwaies defended the town of Boston, that he might press them to serve under him for pay; And secondly, he did sieze upon & detain four or five of the Foot Companies belonging to the Lord Willoughby and did cashiere some of the Captaines, because they refused to forsake my Lord to serve under him.

15. That the Troopes of Colonel Crumwel, which were lost at Coleby and Waddington were treacherously or ignorantly betrayed by Colonel King.

16. That to the great discouragement of the Country, he doth oppose and quarrell, with such as have been most serviceable to the Country, and such in whom the power of Religion is most eminent (viz) L. G. Crumwel, Mr Ram and others, & that he imprisoned divers other very godly men, and that for exercising the very power of godlinesse, which he did in a very vile manner, and still continueth an utter enemy &illegible; men, as namely, L. C. Berry, Major Lilburne, Capt. Cambridge, and others.

17. That to the great discontent and discouragement of the Country, he and his Officers did quarrell with, & slight the Committee at Lincoln, which was setled by ordnance of Parl. who were men of the best estates, quallity & integrity, and such as were especially commanded to serve the Country, and publickly villifying them and their actions, and assuming their power without any authority.

18. That before this War began, he was an open and publick scoffer of religious men.

19. That he is a man of a turbulent & factious spirit, of mean condition & estate for so absolute a command, that he hath received vast sums of money, amounting to about 20000l. much of which he hath levied in an illegall and obscure way, and issued out accordingly for which it is desired he may give a speedy accompt, & likewise of the rest of his actions.

20. That in a factious & seditious manner he did employ some Agents to deliver &illegible; Ribbonds to such as would stand for him, and &illegible; themselves his friends, to the great terrour and discontent of the Country, and the hazard of raysing a dangerous mutinie.

21. That he kept about twenty men to wait on him, whom he called his Life guard, to whom he gave extraordinary pay though they were exempted from all duty, except it were to wayt upon him, advance his reputation and awe and affright the Country.

22. That he did awe and gain the Country wholly after him, and that he might with better colour &illegible; falsly stiling himselfe Lievtennent Generall of the County of Lincoln.

FINJS.

 

 


10.7. John Lilburne, An Anatomy of the Lords Tyranny (6 November, 1646)

Bibliographical Information

Full title

John Lilburne, An Anatomy of the Lords Tyranny and iniustice exercised upon Lieu. Col. Iohn Lilburne, now a prisoner in the Tower of London. Delivered in a speech by him, Novem. 6. 1646. before the honorable Committee of the House of Commons, appointed to consider of the priviledges of the Commons of England: The originall Copy of which, he in obedience to the order and command of the said Committee, delivered in writing to the hands of Col. Henry Martin, Chairm-man of the said Committee: Nov. 9. 1646 and now published to the view of all the Commons of England, for their information, & knowledge of their Liberties and Priviledges.

Estimated date of publication

6 November, 1646.

Thomason Tracts Catalog information

TT1, p. 473; E. 362. (6.)

LWV

T.81 [1646.11.06] (10.7) John Lilburne, An Anatomy of the Lords Tyranny (6 November, 1646).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

MAY it please this Honorable Committee, I had a hearing before you upon Tuesday the 27, of October last, and then I truly acquainted you with the manner of the Lords first sending for me to their Barre, by order of the 10. June, 1646. to answer a charge there. I acquainted you truly, what passed betwixt their messenger & my self, & also what was said to me at their Bar, and how that for no misbehaviour, or any other cause, saving my exhibiting to them my Protest, and refusing to answer illegall Interrogatories: they, the 11. of June, 1646. committed mee to Newgate: and how that upon the 16. of June, 1646. I sent my appeale to the Honorable House of Commons; which was accepted of, And the last time I was before you, I was reading the second Warrant of the Lords to bring me the second time to their Barre: In the midst of which you were called away; and therefore for what then passed, I shall referre you, Mr. Martin, to your own Notes, and my Papers delivered in to you; but especially to my printed relation of their first proceedings with me, which you have.

And now I shall humbly desire liberty methodically to goe on: And as to me it appeares, the Lords taking notice that I had appealed to your House (their indignation being thereby increased;) sent a warrant the 22. of June, 1646. to the Keeper of Newgate, in these words:

Ordered by the Lords in Parliament assembled, that Lieutenant Colonell John Lilburne, now a prisoner in Newgate, shall be brought before their Lordships (in the high Court of Parliament) to morrow snarning by 10. of the clock. And this to be a sufficient Warrant in that behalfe.

John Brown Cler. Parl.

And I being in bed, was by my Keeper about 10, a clock at night, certified, that such a Warrant was come to carry me in the morning to the Lords Barre: I rose betimes and went, and spoke with Brisco the Clerk of Newgate, and my Keepers Master, and told him, the Lords had no power nor jurisdiction over me by law: and therefore I told him, I neither could nor would give my consent to goe up to them. And then he told me, he would force me. Whereupon I went up to my chamber, and locked my door, and writ a Letter to Mr. Wollastone, the chiefe Keeper under the Sheriffes of London: And in his absence, my wife and a friend carried it to the Sheriffes, then at Guild-Hall with the Court of Aldermen, and delivered it and my appeale, &c. to them; who, as they conceive, amongst themselves, read it. But for any thing I know, ordered Brisco to make a forcible entry upon my lodging: for hee came up, and broke my Chamber-wall, and by force carried me down, and put me in a Coach, which carried me to the Lords. The Copy of the above-mentioned letter in print, I here present unto you.

SIR,

I This morning have seen a Warrant from the House of Lords, made yesterday, &illegible; command you to bring me this day at ten a clock before them: the warrant expresseth no cause wherefore I should dance attendance before them; neither doe I know any ground or reason wherefore I should, nor any Law that compels me thereunto: For their Lordships, sitting by vertue of Prerogative-patents, and not by election, or common consent of the people; have (as Magna Charta, and other good lawes of the land tell me,) nothing to doe to try me, or any Commoner whatsoever, in any criminall case, either for life, limb, liberty, or estate: But, contrary hereunto, as incroachers and usurpers upon my freedomes and liberties; they lately and illegally endeavoured to try me a Commoner at their Bar: for which I under my hand and seal protested to their faces against them, as violent and illegall increachers upon the rights and liberties of me, and all the Commons of England, (a copy of which, &c. I in print herewith, send you:) and at their Bar I openly appealed to my competent, proper, legall Tryers and Judges, the Commons of England assembled in Parliament, (for which their Lordships did illegally, arbitrarily, and tyrannically commit me to prison into your custody,) unto whom divers dayes agoe I sent my appeal, &c. which now remains in the hands of their Speaker, if it be not already read in the House, unto which I do, and will stand, and obey their commands.

Sir, I am a free-man of England, and therefore I am not to be used as a Slave, or Vassall, by the Lords, which they have already done, and would further doe. I also am a man of peace and quietnesse, and desire not to molest any, if I be not forced thereunto: therefore I desire you, as you tender my good, and your own; take this for answer, that I cannot, without turning traytor to my Liberties, dance attendance to their Lordships Barre: being bound in conscience, dutie to God, my selfe, mine, and my Countrey; to oppose their incroachments to the death: which by the strength of God I am resolved to doe.

Sir, you may, or cause to be exercised upon me, some force or vielence to pull and dragge me out of my Chamber, which I am resolved to maintain, as long as I can, before I will be compelled to goe before them: and therefore I desire you, in a friendly way, to bee wise and considerate before you doe that, which it may be, you can never undoe.

From my Cock-loft in
the Presse-yard of
Newgate this 13 of
Iune, 1646.

Sir, I am your true and faire conditioned
prisoner, if you will
be so to me.

John Lilburn.

And being in the Painted Chamber talking with Col. Francis Russel, a Member of your House; Brisco came to me, and before him told me, that the Lords had commanded, that I should not speak with any. To which I replied, Are the Lords ashamed of their cause, that they dare not venture my declaring of it to my friend? But, goe tell their Lordships from me, I understand the liberties of England better then so suddenly to be their slave, and to obey their unjust and tyrannicall commands: And therefore tell them, I will whether they will or no, talk with any man that will talk with me, till they out-strip the Bishops (who gagged me for speaking) in cruelty, by cutting out my tongue, or sowing up my lips.

And by and by I was called into their House: and being by them commanded to kneele at their Barre; I absolutely refused to doe it, unlesse they would by force compell me thereunto: which, if they did, I told them, it would bee no act of mine. And I shall (with your favour) give you one reason, which with some others, that made me I did not kneele; and it was this: I knew, by Law the Lords had no jurisdiction over me, and accordingly I had performed my duty to my selfe, &c. in protesting against them, and had appealed to your House, as the absolute legall supreame power of the Kingdome, and so) farre and by many degrees above the Lords. Now if I should have done any action that should have declared any subjection unto the power and judicature of the Lords (which my kneeling would have done,) I had not onely turned traytor thereby, to the Lawes and Liberties of England; but I had also undone all that before I had done, and deprived my selfe both of the benefit of my Protest and Appeale, and should also by my own act, have said my selfe open, justly to be sentenced, and punished by the Lords.

And upon refusall to kneele, they commanded me to withdraw, and made this Order.

Die Martis 23. Junii 1646.

ORdered by the Lords assembled in Parliament, that Iohn Lilburne shall stand committed close Prisoner, in the Prison of Newgate: and that he be not permitted to have pen, inke, or paper, and none shall have accesse unto him in any kinde, but onely his Keeper, untill this Court doth take further order.

To the Keeper of Newgate his
Deputy or Deputies.

John Brown Cler: Parliamentorum.
Exam. per. Rad,
Briscoe Cleric: de Newgate.

Now I shall humbly desire this Honourable Committee, in the first place to observe; that the Lords Warrant of the 22. June, 1646. expresseth no cause at all wherefore I should dance attendance at their Barre, and therefore illegall. 2. I also intreate this Honourable Committee to observe, that the Lords Commitment of me 23. June close Prisoner is altogether illegall, and against the Petition of Right; which is confirmed with every clause in it, by the act that abolisheth the tax of Ship-money, made this present Parliament, and as Sir Edward Cooke that learned Lawyer doth well and truly observe in the 2. part of his institutes folio. 52. there are 4. things that are required to make

1. That he or they which do commit; have lawfull authority. a Commitment lawfull, viz.

2. That their warrant or mittimus be lawfull, and that (saith he) must be in writing, under hand and Seal.

3. The cause must be contained in the warrant, as, for treason, fellony, &c. or for suspition of treason, felony, &c.

4. The warrant or mittimus containing a lawfull cause, ought to have a lawfull conclusion, viz. and him safely to keepe, untill he be delivered by law, &c. and not untill the party committing doth further order. All which 4. are wanting in this warreat; and therefore altogether illegall and unjust.

Now may it please this Committee; I was very free in my discourse with Mr. Wollaston, &c. the Keeper of Newgate, about the illegallity of this warrant, which, it may be, came to the Lords eares, and therefore within 4 or 5. dayes after, they sent a more formall warrant containing the cause of my commitment, and as Mr. Brisco could me, tooke the aforesaid warrant away, the originall copyes of all which orders are in your hands Mr. Martin, and were delivered to you upon the first examination of this businesse, about 4. moneths agoe, to which I humbly referr you.

Now may it Please you to give me leave to go on with the true relation of the barbarous and tyrannicall execution of this unjust order, by vertue of which for about 3. weeks together, I was debarred of pen, inke, or paper, and my Chamber, by Mr. Brisco, for that end, strictly searched, and my wife, councellers and friends kept from me: my wife, &c. after I was first locked up, nor being permitted to set her foote within my Chamber doore, nor permitted to come into the Prison yard, to speake with me out of my window, nor I suffered to receive from the hands of my wife, servant, or friends, either meat, drinke, money, or any other necessaries; and yet their Lordships, nor none by their order, allowing me all that time, the valew of one penny loaf to live upon, and though my wife obtained so much favour from a neighbour to speake with me out of their windowes, at the distance of about 40. or 50 yards, it being impossible for us to say any thing, but what the Jaylors if they had a minde might heare, yet such was their inhuman cruelty, that they often threatned to stop up the poore mans windowes, if he would not cease to permit my wife to look out of them, and also threatned me to boord up mine, or else if I would not forbeare, at that distance, to speake with my wife, to lay me in Newgate Prison, where as they tould me, I should neither have a possibility to speake with her or any other, which I bid them do if they durst, telling them that would be the onely way to get me my liberty; for I had some friends abrode that would then I did believe, to the purpose bestir themselves to preserve my life, which they would easily judge was then &illegible; in good earnest to be taken away by them, and therefore if any mischiefe followed they might thanke themselves, upon which they forbore executing their bitter menacies and &illegible; any further upon me.

But I beseech you further be pleased to observe the Lords guilty consciences, and their brave justice, who the most part of this time while they keepe me (thus close) (that it was absolutely impossible for me to know what they intended to do with me) they had as I am informed, 4. Lawyers at worke to frame a charge against me, viz. Mr. Serjeant Finch. Mr. Haile, Mr. Hearne, and Mr. Glover, and upon the 10. of July 1646. and not before, Mr. Serjeant Nathaniel Finch, brought in certaine Articles, by way of charge into the House of Peers against me; which you Mr. Martin have in your hand, and therefore I humbly desire they may be read; which was done.

Now Sir, before you read the sentence, I humbly intreat this Honourable Committee to give me leave to make some observation upon the charge, the first of which, that I intreate you to take notice of is, that betwixt the day of my being first summoned to answer a charge at the Lords barre, and the day that it was first brought in, or filed upon record there against me, is above 29. dayes, I being summoned the 10. of Iune 1646. and the Charge not brought in till the 10. of Iuly 1646, which is a most illegall and unjust thing in any Court whatsoever.

2. I &illegible; you observe that almost all, and the principall things layd to my charge, are pretended crimes committed, not before my being brought to their barre to answer a Charge, but afterwards, namely in the time of an unjust and provokeing imprisonment: and therefore a great injustice it is, as any can be in the world, to force a man to dance attendance at their Barre, to answer a Charge, before they have filed one against him, or have so much as the pretence of a crime to lay to his charge, and then arbitrarily and illegally to commit a man to a tyrannicall imprisonment, there by extraordinary provocations, to necessitate and force a man as it were, to commit slips and fallings, that thereby they may pick a hole in his coate, because they had none before, and then fall upon him, and destroy him: and this, in every particuler hath been the Lords dealing with me, which I humbly conceive to be the height of tyranny and injustice. Now Mr. Martin, I humbly intreate you to read the sentence, for upon the 10. Iuly, there issued out an order to bring me up againe to their barre, the next day, to heare my Charge read: which was accordingly put in execution.

Now Sir, you having read the sentence, I shall humbly crave leave, first, to make some observations upon it, and then secondly, to go on methodically with the matter of fact.

And first, I beseech you observe that the 10. Iune 1646. I was summoned to attend their Lordships in their House: and the 11. Iune 1646. I there appeared, and was then committed by them to Newgate: the 16. of the same moneth, I appealed to the Right Honourable the House of Commons as my legall and proper Iudges, who accepted, read, approved, and committed my appeale to a speciall Committee, and yet notwithstanding the 22. of the same moneth, the Lords command the Keeper of Newgate to bring me up to their barre, and there upon the 23. day I was committed close prisonet to Newgate, till the 10. Iuly 1646. at which time my Charge was brought into the Lords House and not before, which was a moneth after the first processe, or warrant issued out for me. All which proceedings (besides their not having any legall Iudicature at all over mee) are erroneous and illegall, and principally in these two points.

First, because I was summoned, before any Charge was recorded, which proceedings are point blanke against the expresse Statutes of 9. H. 3. 29. 5. E. 3. 9. 25. E. 3. 4. 28. E. 3. 3. which expresly say, that none shall be imprisoned nor put out of his free hold, nor of his franchises, nor free customs, unlesse it be by the law of the Land, which is, that none shall be taken by Petition or suggestion made to our Lord the King, or to his Councel, unlesse it be by inditement or presentment of his good and lawfull people of the same neighbourhood, where such deeds be done; in due manner; or by processe made by Writ originall at the common law, &c. which Statutes are confirmed by the petition of Right, and by the Statute for abolishing the Star-Chamber made this present Parliament.

And indeed, regularly, both in law and equity, the Declaration or bill ought to be filed or recorded, before any writ or processe ought to issue against the defendant, or party accused, either in civill or criminall causes; and the write, warrant, or processe ought to containe the matter of the declaration, bill, or petition: and this appeares cleerly in every writ (as the learned in the law informe me) set forth by the Register, and Fitzherberts natura brevium: and that every English bill either in Chancery, Exchequer, or Star-Chamber, doth pray, that processe of sub-pena be awarded against the defendant, which proves, that &illegible; orders or Warrants, ought not to be awarded or granted, against any man out of any Court of Justice whatever, till his charge be recorded against him in the same Court; and sutable to this is your own doctrine, in your own Declarations, Booke Decl. page 38, 39, 278, 845.

Secondly, I beseech you observe, that all the Lords proceedings with me, after my appeale to the honourable house of Commons, are void in Law; because, by my appeale to the proper Jurisdiction, which is only your House, the Lords are &illegible; of their Jurisdiction, or conusans of the plea, the cause being removed by the Appeale, their judgment was thereby determined, or at least suspended, being but the effect of the cause before them, till such time as the Appeal is determined; the Appeal being a supersedas to the Lords further proceeding in the same cause, and they ought not to have proceeded any further at all; but to give them as much as by any just colour or claime they can challenge, they ought not any further to have gone on, without the privity, licence, and direction of the honourable house of Commons: and therefore, all their proceedings with me, especially, since my Appeal to your honourable house, are coram non judice, and therefore void and erroneous. And I further conceive, under favour, that the Lords proceedings with me, after your House had accepted of my Appeal, is as great an affront and indignity offered to the majesty, honour, and greatnesse of your house (the absolute supream derivative power of all the Commons of England, the original and absolute fountain of all power therein) as their proceedings are unjust towards me, & destructive to the lawes and liberties of England.

Again, I beseech you observe, that in their Articles, the originall and chief supposed crime that they charge me with, is, for scandalizing the Earl of Manchester, a Peer, as they call him, of the Kingdome.

Now may it please you, to take notice, that I say, if his conscience had not been guilty, & told him, that it was possible, I might justly and groundedly have proved much more against him, then I lay to his charge in my printed Epistle to Judge Reeve, &c. hee would never have &illegible; and avoided the known law of the Kingdome, which sufficiently proves a remedy for him, in case I had scandalized him: as appeares by the &illegible; of 3. E. 1, 33. 37. E. 3. &illegible; 38. E. 3. 9. 42, E. 3. 3. 2. R. 2. 5. 12. R. 2. 11. 17. R. 2. 16. which expresly command, that if any man scandalize any of the great men of the kingdome he shall be taken, and kept in custody, or put in security, till he prove what he saith; and in case he cannot; then he shall incur the same pain that the other should have had, if he were attainted: and that &illegible; of the law he made against them without being taken and imprisoned against the great Charter, and other statutes; but his leaving the common common and just road of the kingdom, that sufficiently provides for his reparation, if innocent, argues his knowledge of his owne guilt, or else he would never have betaken himself to an extraordinary meanes (and especially in such a place where himself is chiefe Judge in his own cause) and there against me by a kind of a legislative and unlimitted power of Judicature, which is not in them (especially singly) neither can they (take them in the highest capacity that ever law estated them in) proceed to determine any thing out of the way of the known and established lawes, by any arbitrary, or discretionary Rules, when there is a known law in the case. And I am sure it is a received Maxime in law, That where remedy may be had by an ordinary course in Law; the party grieved shall never have his recourse to extraordinaries.

And Sir, under favour, to speak truly, the Parliament properly are not (nor ought not) to meddle with causes betwixt party & party that are decideable at common-law, they being the supream Judicature of the Kingdome and the last refuge to appeale to, by the people, in case of injustice else-where, and so may properly be called Judge of Judges, rather then Judge of particular parties and causes.

My last observation upon the sentence, that I shall humbly entreat you to take notice of, is this;

That although by the 14, Chap. of Magna Charta, it is declared that a free-man shall not be amerced or fined for a small fault; but after the manner of the fault, and for a great fault after the greatnesse thereof, saving to him his contenement or countenance, and a merchant likewise saving to him his Merchandize. And any other villain then the Kings shall be likewise amerced, saving his wainage or teame, and none of the said amerciament, shall be assessed, but by the oath of honest and lawfull men of the &illegible;

But I beseech you observe, the Lords had no oath of any honest man what ever, against me, nor one word of my own confession of any guiltinesse of any crime whatsoever, but a constant resolution manifested to maintain the lawes and liberties of the kingdome against their usurpations; for which just, honest, and legall action, and for no other, they unrighteously, unjustly, and barbarously sentenced me, not saving to me my contenement or countenance, or leaving me some reasonable proportion after their Fines, or Amercement to live upon, in the quality or condition I had done before; but they amerced or find me at four thousand pounds, which is divers thousands of pounds more then either I am worth, or ever was in my life.

Now I beseech this honourable Committee to observe, that by this sentence, the unrighteous & cruell Lords have done as much as in them lyes, every hour of time to put me into such a condition; that I shall be liable to have all the estate that I have in the world taken from me, to satisfie this unjust Fine, and so leave nothing for me, my wife, and small children, to live upon; nay, and that which is worse then all this, the greatnesse of the Fine is much more then I can satisfie; So that in case all that little that I have, should be seized upon; yet there is such abundance would remain behind, which would rob me of all credit whatsoever: for, who will be so unwise, as to lend a man money that is thousands of pounds worse then nothing which is my case by this Fine: But yet this is not at all; for they commit me for 7. years (the age of a man in the eye of the Law) a prisoner to the extraordinary chargeable Prison of the Tower, where I cannot earn one &illegible; nor, it being no through-fare; for me to beg a penny to live upon.

Now, Sir, laying all these things together, I beseech you consider, whether in the intention of the Lords, I be not exposed to miseries and torments, worse then death it selfe: for either by their intentions, I must perish by hunger and famine, or else be forced to eat my wife and children, or any other that I can over-come; and what is this? but the height of tyranny and cruelty, and a torment worse then any death in the world; for, saith Jerem. in his Lamentations, Better is he that dyes by the sword, then he that dyes by famine; and he gives the reason; because, there is a speedy end of the pain of him that dyes by the sword; but he that dyes by hunger and famine, pines away, and is in a continuall torment, alwayes dying, and wishing, and longing for death. And undoubtedly, Sir, this is my condition, by the intention of the Lords.

Now Sir, having with your patience, made these obseruations, I humbly desire to goe on with the matter of fact:

Which is, that upon the tenth of July, when Serjeant Finch brought in my Charge into the House of Peeres, they that day made an Order to command the Sheriffs of London, the next day to bring me up to their Bar, to hear my Charge: The copy of which warrant I have not, in regard the Sheriffe (contrary to law) refused to give it me, although I sent to him to desire it: and I having formerly told the Jaylors of Newgate, I could not, nor would not, go up to the Lords Bar, by vertue of their own Wariãr, without a forcible compulsion; The Sheriffes sent about 30. or 40. of the attenders upon the Hangman, when he goes to doe execution at Tiburn, to carry me up to the Lords Bar. And being in the Painted chamber, I desired Mr. Brisco, one of my Keepers and Tormenters, to to goe and tell the Lords from me, that seeing they had the impudency and boldnesse to tread the Lawes and Liberties of England under their feet, and did so contemne and under-value the authority of the Honorable House of Commons, to whom I had appealed, as yet to goe on in their illegall courses with mee, with whom by Law they had nothing to doe; I must bee forced in the highest nature I could, to contemne and despise their proceedings; and therefore was resolved not to come to their Bar, without a forcible compulsion, and to come in with my hat upon my head, and to stop my eares when they read my Charge, in detestation, and bearing witnesse against their usurpations and injustice. So away hee went: But I was compeld in; and being brought up to the Bar, I was commanded to kneele: which I absolutely refused. And then my Lord of Manchester (my grand adversary, who hath for these two or three yeares thirsted after my blood, for no other crime but that I was faithfull and active in executing the trust reposed in me, for the good of the Parliament and Kingdom; he (I say) as speaker of the House of Lords, commanded the Clerk to read me my Charge; which he began to do. At which I stopped my eares with my fingers, till such time as I perceived the Clerks lips to leave moving. Whereupon I was commanded to with-draw: and after some distance of time, I was called in again, and was again commanded to kneele; but I told them, My Lords, you may save your selves the expence of your breath, for I shall not kneele without compulsion. And then my Lord of Manchester told me, that I by my contumacie deprived my self of much benefit that I might make unto my self by examining witnesses upõ crosse Interrogatories, for the evading the charge. So I desired liberty to speak: which was granted, and I said, “My Lords, I do much wonder at your Lordships proceedings with me, that you should, (contrary to the ancient and fundamentall lawes of this kingdome) send for me to answer a charge at your Bar, before you have any fil’d against me; and then when I come up to your Bar, presse and endeavour to force me, contrary to law, honesty, and justice, to answer to inquisition-nterrogatories, and so to ensnare my selfe, when you have no crime to lay unto my charge. My Lords, what is this else, but to build up what but the other day you destroyed? For did you not here in a full House, the 15. day of February last, in this very case, decree; adjudge, and determine, that my sentence in the Star-chamber, and all the proceedings thereupon, shall forthwith be for ever totally vacuated, obliterated, and taken off the File in all Courts 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? &c.

“And did you not order and adjudge me, to receive of some of the Judges, &c. of that sentence, 2000. l. for my reparation? But my Lords, I am very sure, that if you your selves, compare your proceedings against me, with the proceedings of the Star-chamber, you will find yours to be in every particular, as illegall and unjust, as theirs: and therefore, I much wonder, you do not blush at your present dealing with me.

Besides, my Lords, it is very strange to me that the Law of England, should be so plain and perspicuous, to tell you, that you in such Cases as mine is, have no legall jurisdiction at all over me, or the meanest Commoner in England, and that yet notwithstanding, you should, contrary to your duty, Oathes and Covenants, usurp & chalenge a jurisdiction over us so. My Lords, when I was first at this Bar, I under my hand and Seale, deliuered in &illegible; protest against you as usurpers & incrochers, upon the Rights and Libertyes of all the Commons of England, which you received & read: and I also appealed from you, as unrighteous Judges to my Legal, and Proper Judges, the Commons of England assembled in Parliament, and upon the 16. of June last, I sent my petition, by way of appeal to the Honorable House of Commons, with a copy of my Protest against you, anexed to it, which they received, read, approued of, and Committed to a speciall Committee, who sat upon it, and as I understand, Passed a vote or votes in justification of the Legalitie of my Procedings with you, and have promised me Justice in &illegible; now, my Lords, I here againe at your open Barr before You all, as in the fight of and Presence of God, protest against you againe, and all your proceedings with me, as unjust, unrighteous and illegal: and declare unto you all, that to my said Protest and appeale to the honorable House of Commons, I will sticke to, so long as I have a life and a being,

And my Lords, I &illegible; on to your faces, that by Right, they are your Judges as well as mine in this case: & I do not doubt, but to liue to see the day that they will make you to knowe, whether you will or no that they are so, and of their Justice, and protection, I do not in the least; doubt: And therefore, my Lords, seeing you have dealt so illegally and tyrannically with mee, as you have done; I now bid defiance to your power and malice, to do the &illegible; you can.

For, my Lords, are not you the men that have been principal instruments to engage this Kingdom in a bloudy War, to maintain their lawes and liberties? and have &illegible; you all often sworn and covenanted so to do? But, my Lords, it seemes to me, you nothing at all value your &illegible; nor engagements: and therefore, my Lords, if you were in jeast, when you did all this, and never intended, what you declared, but meerly set us a fighting, to &illegible; and dismount our old Riders & tyrants, that so you might get up and ride us in their steads: But I doe professe and assure your Lordships, that I for my part was in good sober and sad earnest, and never drew my sword in these warres, but principally for my liberties and freedomes, and the lawes of the land: & in the field I did adventure my life freely & resolutely, like a man of &illegible; and courage, as it is well known to some of your selves: And I now look for, and expect the enjoyment of &illegible; for which I fought by your meanes and iustigation. And therefore, my Lords, I protest here before the God of heaven and earth, if you shall be so unworthy as to persevere in endeavouring the destruction of the fundamentall Lawes and Liberties of England, as at present you doe; I will venture my life and heart-blood against you to oppose you, with as much zeale and courage as ever I did any of the Kings party, that you set us together by the eares with.

And having concluded, I was commanded to heare my Charge read: But I told them, they had no judicature at all over me, neither would I in the least doe any thing that should declare my subjection to their power, although I should presently be destroyed for my refusall. But my Lords, sayd I, that you may know that my conscience doth not accuse me of any guilt for doing any illegall or dishonorable action against my countrey or the Lawes thereof, or you, or any of you that wisheth it well; I will wave my appeal to the House of Commons, if you wil cease your proceedings here: and I will answer any of you, or all of you, according to Law; in any Court of Justice in Westminster-Hall, or any other Court in England, that hath a Legall jurisdiction over me. But the Clerk was commanded to read the Charge quite through: and I stopped my eares till he had done. And then the Speaker asked me, what I said to my Charge? I told him, I heard it not (neither indeed did,) neither had they any legall power there to exhibit, try, or adjudge a Charge against me: And therefore I again appealed from them; teiling them, I did not in the least, value the worst they could doe to me: for I would lose my life before I would betray or part with my fundamental liberties; either to them, or any one in England.

So I was commanded to with-draw: and being out above an houre, I was the third time called in, and commanded again to kneele; which I absolutely refused to doe. And then I was told by the Earl of Manchester, what misery and destruction my obstinacy and contemptuous carriage, had, and would bring upon me. I told him, I weighed not their malice, nor craved their favour: So he read my sentence, which I heard: and when he had done; with a smiling and merry countenance, I thanked his Lordship for his boon: but I desired him to take notice of it, that I valued their sentence no more then that I had in the Star-Chamber, it being in every particular as illegall as that: nay more, for the Star-chamber had a legall jurisdiction over me, which their Lordships in their House have not: so I was commanded to withdraw.

And being by a new Warrant that day brought to the Lieutenant of the Tower of London (the Copy of which, you Mr. Martin have in your hands; it being one of the three you had from the Lieutenant the other day) my brother Major Henry Lilburn, Lieu. Col. Wetton, and my wife being with me, I told the Lieutenant of the Tower, that my spirit was a little refreshed, for all my great & heavy sentence, and my commitment to so chargeable a prison, as I understood the Tower to be, in regard I was freed from my close and cruell imprisonment, and now should enjoy the society of my wife and friends, but he told me I was mistaken: Why Sir, said I, my Warrant doth not command you to keep me close prisoner; it only injoyns you to keep me in safe custody, and that you take care, that I neither contrive, publish, or spread any seditious or libellous Pamphlet against both, or either Houses of Parliament. Well! saith he, I cannot do that, unlesse I keep both your wife, & your friends from you; aswell you might say, that you cannot perform my order, unlesse you lock me up in a Dungeon, where I shall neither see light, nor enjoy candle, or fire; for it is impossible in a manner, to keep a man from writing, where he hath light, who by one meanes or other, will come by Pen, Ink, and Paper.

And truly Sir, it was a wonder to me, to hear the Lieutenants hard and cruell interpretation of my order, and perceiving my wife to be much troubled at his words, it took a deep impression upon my spirit, and made me go below my accustomed principles of Resolution; in regard of that indearednesse of affection, that was betwixt my wife and my self, which made me say to him: Sir, my wife is all the earthly comfort that now in this world I have left unto me, and she is that meet help, that the wife God of Heaven & Earth, from the beginning hath instituted and ordained for me, frail & weak man, in my pilgrimage and vally of teares here below: and Sir, if such a helpe had not been requisite for poor man; without which, he could not have had a comfortable being in his earthly being; God would never have ordained it, and commanded man to forsake Father and Mother, to live with his wife, as one flesh.

And truly Sir, I must tell you, God hath so knit in affection, the hearts and soules of we and my wife, and made us so willing to help to bear one another: burdens, that I professe, as in the fight of God, I had rather you should immediately beat ont my braines, then deprive me of the society of my wife.

And therefore, for your indempnity; before these my friends, I will make you a faire proffer, That if you judge, that I have either faith or truth in me, I will ingage my word and promise unto you, that as I am a Christian, a Gentleman, and a Souldier, I will neither write a line, nor read a line written; conditionally, that you, according to Justice, and the known Lawes of this Kingdoms, permits me to enjoy the society of my wife, and friends.

But the hard-hearted Lieutenant, like a man that took delight to adde sorrow, to the afflictions of the too much afflicted, would not embrace my proffer, which I would not have broken or violated, for all the gold in England; but strictly gave command to my keeper, that neither my wife, nor any other friend should speake with me, but in his presence and hearing; which he being here present, is able to testifie unto you: and then the Lieutenant went to the Lords, and prevailed with them to make an Order to bear him out, in what he had illegally and unwarrantably done, and executed upon me, of his own head, for 5 dayes: which order, you Mr. Martin have also in your hands: So that by the Lieutenants meanes I was divorced from my wife, till the 16. day of September following: Upon which day, the Lords of their own accord, without my desiring of them (who was resolved in this case never to sue for a farthings-worth of courtesie) made an Order, again to marry me to my wife, as by the Copy of it in your hands will appear. And besides all this, he set and ordered his Warders at the &illegible; most illegally to take the names and places of habitations of all my friends that came to see met, on set purpose as I may justly conceive, no affright and scare all away from coming to visit me; yea, and besides the taking of their names, some of his Warders did extraordinarily abuse both me and many of those that came to visit me, & denied admittance, and turned away scores of my friends, as I can easily prove: All which cruelties, and inhumanities offered to me and my friends; I may, and so do; set upon the Lieutenants own score: for I often complained to him of them; and the best remedy I could have, was nothing but a laugh from him at it: So that truly, Gentlemen, I do professe unto you, that the hard and barbarous usage that I have had from the Lords, and their Jaylors, (in the number of which, I reckon Col. Francis-West, the present Lieutenant of the Tower, who for all his title, is no more nor no otherwise to me then a Jaylor) to be worse then death it selfe; which I seriously professe unto you, I should rather embrace, then the like usage for so long time again.

And therefore, give me leave to say unto you in this particular, as I said unto my Lord Heath at Oxford, when I was arraigned before him for my life, for drawing my sword for your defence in the kingdomes; when he pressed me to plead unto my indictment. My Lord, said I, amend those things in it that are amisse, and give me, according to the custome of the Kingdome, my right and due; and I shall with all readinesse plead unto it, professing unto your Lordship, that the cruelties that I have endured by Irons, &c, in Oxford Castle, by the in humane Marshall Smith, are such, & so great, that I had rather chuse this night to set my back against a wall, and be shot with 20. Musquetiers, then to indure the constant bitternesse of those tormenting sorrowes, that I do, and have under-gone by Marshall Smith, since my captivity under him: and the same I do professe now unto this Committee.

Therefore, I humbly beseech, and most earnestly intreat you, not to delay me in my report to your House, but to do it speedily for me; that so I may know what to trust to, and may not by you, from whom I may justly seek Justice, as my right and due (and not as a boon) be delayed any longer, having bin already long enough delayed; it being almost five moneths since I first made my Appeal unto you.

For truly, I must plainly and ingenuously tell you, were not the &illegible; of strength, and assistance from God; the more, &illegible; &illegible; would be insupportable, and not any longer with &illegible; to be stoop’t unto by me: for it cannot but be known to divers of you, that for almost this ten yeares together, I have never been free from the lashes and destroyings of the Grand Prerogative-men of this kingdome, that have ruled and governed by no other law, then that of their own will; and yet to this day never received a penny by way of reparation, for all the wrongs and injuries that I from them have sustained; although I have spent divers hundreds of of pounds in indeavouring the procurement of it: and my reparations for my sufferings at the hands of the Star-Chamber Judges sticks in your house at this very day; which I humbly intreat thi’ honourable Committee, when this my businesse is reported to the house, to put them in mind of; and besides, my late extraordinary expences, and my shortnesse of pay for my faithfull and successfull service with my grand adversary the Earle of Manchester, and the present extraordinary chargeablenesse of my imprisonment in the Tower, &c. renders my condition an extraordinary object of your present reliefe: For although I have not paid all the great summes demanded as fees in that place; yet because I have found civility, and humanity from my Keeper, for my own accommodation and ease-take; I have weekly been (I think) very liberall unto him, I am sure beyond my present ability; besides the charge of my own diet and family, &c. which I hope, that when your Honorable House hath adjudged my cause, (which I am confident according to law cannot goe amisse with me) and thereby given me ground to present them with my bill of charges; they will not onely cause the Lords to pay it me again; but also ample reparations for my hard and unjust sufferings: without which, although you evacuate the sentence, and set my person at liberty, I shall think that I scarce have justice to the half, having but meerly the shell without the kirnell. But if the greatnesse of the Lords, by reason of the distractions of the present times, shal stick in my way as an hinderance therof; give me leave humbly to tell you, that the Commons of England are bound by you in a Protestation, to maintain their liberties, and to stand to all those that defend them; yea, and to bring those that endeavour their destruction, to condigne punishment. In which regard I am resolved by the strength of God, in a just and legal way, with all earnestnesse to desire, through City and Countrey, the joynt assistance of all in England, that are not willing to be slaves, to joyn with mee in a grand petition to your House, for the obtaining of my just and honest desires against the Lords. And truly, Sir, I must venture life and all that I have upon it. For can it appeare just to you, that the Lords should cry out against the King, their Lord and Master, for injustice and cruelty; yea, and draw their swords against him, and yet be more unjust themselves? As to goe no further then my very case: for sure I am, it was the Kings constant custome to provide diet, lodging, and pay the fees of all those he committed to the Tower: but the Lords for no cause in law at all, have committed me thither, and put me upon it, to pay all the vast extravagancies there for fees, &c. yea, and that for tormenting and destroying me. Surely, Sir, they will never be so unjust, but when they know, it is demanded as a just and legall right; but largely in good currant coyn to repay me: the which, if they be so unjust as to refuse, I hope you will be so just and true to your trust, according to that sufficient power and authority that is in you to compell them.

And, Sir, I humbly crave reparations from all their instruments, that with, and upon, me have out-stript the bounds of the Law, in executing their meere malicious wills upon me. And, under facour, I am very confident, the Lieutenant of the Tower will bee found guilty in this particular; which I have the more ground to presse upon him, then the Jaylors of Newgate: For, to bee hardly and inhumanly dealt withall from such bloody men as they are commonly reported to be, is no wonder; but to receive the like measure, nay and worse, from the hands of Col. Francis West, my fellow-citizen, (who out-stript his orders) a man who hath been in the field with his sword in his hand, pretending to adventure his life for the preservation of the lawes and liberties of England; is that that amazeth me, that he should so farre forget himselfe, as so furiously to fall upon me, to torment, undoe, and destroy me, for no other cause, but for being true to my principles, and the generall and publick interest of the Kingdome, in standing for the Lawes and Liberties thereof, against those that would destroy them; and which action renders him to me, to be one of the unworthiest of the sonnes of men; especially of those that would bee reputed to have the principles of an honest man in him.

Now Sir, to conclude all, having sufficiently intrenched upon your patience; I make my most humble sute unto this honourable Committee, That when you make my Report unto the house, seeing as you tell me, you are principally to report matter of Fact, & not matter of law, in point of the Lords Jurisdiction; by means of which, it may be, in your house many Objections may be raised against me, for my carriage and expressions before the Lords: I therefore humbly intreat you to acquaint the house, That it is my most humble desire unto them, that seeing this businesse is of so great concernment, not only to me, but also to your selves, yea, and to the whole Kingdome; that I may have that honour and justice, to be called to their Bar, and there have a faire, open, and publique hearing, according to Law and Justice; and I doubt not, but by my self singly, by law and unquestionable authority, against all the Procters the Lords can fee in England, to plead for them; to make it cleer as the Sun that shines at Noon-day; that the Lords have no jurisdiction at all over me, in the case now in controversie betwixt us, and that my carriage and expressions before them, was, but the cordiall demonstrations of a sound and single-harted man, who knowes himself bound in duty and conscience, to God, himself, and his country, to the utmost of my endeavours, to defend, and maintain his Rights and Liberties, which is as justifiable by the Law of this Kingdome, and in the eyes of all understanding men; as for a true and just man, to draw his sword, and to cut a Theese or Rogue that sets upon him upon the high-way, on purpose to rob him of his life and goods.

And if after such a hearing before your honourable house, it shall appear to their judgments and understandings, that I have wronged the Lords in generall, or the Earl of Manchester, or Col. King in particular; (which two are the principall causes of all my present trouble, and against whom, are two Grand charges in your house; as I judge them of no lesse then high treason commitmitted against the Kingdom; which as I humbly conceive, the justice of the Kingdom requires should come to a finall determination) I shall with all willingnesse and cheerfulnesse submit to what punishment shall be just for them to inflict upon me; and I hope that by this faire offer, you will be provoked with the strength of resolution, to deal impartially betwixt the Lords and me, & without fear, punish those where the just fault is, especially, considering that you, in your most excellent Declaration of the 17. April 1646 published by you to the view of the whole kingdome, have solemnly declared, That you will preserve the Rights and Liberties of the people, and abolish the exercise of arbitrary power, and so provide for the safety and weal of the people; which is (as you say) the end of the primitive institution of all government. And therefore, in the behalf of my self, and all the Commons of England, I most humbly beseech, and entreat his thonourable Committee, to improve all the interest you have in the house of Commons, to make good unto us this their own just and honest Declaration.

I beseech you heare me but one word more, which I intreat you well to observe; that the Lords have joyned with you in severall Declarations; in which the Kings Oath is printed, which I read in the Book Decl. pag. 268. 713. 714, where you and they declare positively, and back it with many strong arguments; That the King by his Coronation-Oath, is bound to passe such lawes, as his people shall chuse: and if so; then he hath no power in him to give a law unto the people, or impose a law upon them: much lesse can hee give a power to the Lords (his meer creatures made by his will & pleasure) for them to oppose or give a Law unto the people: and I am sure, if they have a legislative power in them, to do what they please, and so by the authority of that, presumed to do with mee, as they did I am sure, by the established Law of the Kingdom, they have no power at all, not in the least to do with me as they have done.

And therefore, I humbly entreat you, to presse home unto your House, the Lords usurpations and incroachments upon our common rights, that so they may effectually curbe them, as in Justice they ought. For Sir, that which addes sorrow to all my sorrowes, is this, that I suffer all these inhumanities and illegall usages, during the time of the sitting of to free Parliament. (and yet can have no effectuall redresse in five moneths time, though earnestly sought for.) Alas Sir, the Parliament &illegible; the English-mans legall last refuge; and it that taile us (to speak as men) we are undone; unlesse God set his power at work, to work miracles, and raise up meanes for our preservation. And Sir, if the Lords dare thus tyrannize over the free Commons of England in time of Parliament, (that used to be the fear and dread of Offendors) what is it, that they will not do unto us out of a Parliament? Therefore, again I most earnestly beseech this honourable Committee, to remember them, and improve all your interest to punish, or at least effectually to curbe them: for which, as well, as for your present patience, in hearing me so largely, I shall both now (as well as formerly) remain oblieged to improve my best and utmost ability, for the preservation of the just, supreame interest, power, and authority of your honourable House.

Esa. 48. 10. Behold, I have refined thee, but not with silver; I have chosen thee in the fulnesse of affliction.

Job. 23. 10. When he hath tryed me, I shall come forth as gold.

Novemb. the 9. 1646.

John Lilburn.

Reader, thou art requested to take notice of two faults committed in the printing of this Booke, the first, in page 2. line 1. left out [and also what passed betwixt my L. Wharton and my self] the 2. in. p. 5. l. 26. Where thou shalt find these words [a Commitment lawful, viz.] to be in the 28. line, which ought to be placed at the end of the 26. line, as thou mayst easily perceive. For other faults (if thou meet with any) impute them not unto the Authour, who could not be as the correcting hereof; but in love to him, amend them. Vale.

FINIS.

 

 


10.8. John Lilburne [with Overton], An Unhappy Game at Scotch and English (30 November, 1646)

Bibliographical Information

Full title

John Lilburne [with Overton], An Unhappy Game at Scotch and English. Or A Full Answer from England to the Papers of Scotland. Wherein their Scotch Mists and their Fogs; their sayings and gaine-sayings; their Juglings, their windings and turnings; hither and thither, backwards and forwards, and forwards & backwards again; Their breach of Covenant, Articles, & Treaty, their King-craft present design, against the two houses of Parliament, & people of England, their plots and intents for Usurpation and Government over us and our children detected, discovered, and presented to the view of the World, as a dreadfull Omen, All-arme, and Warning to the Kingdome of England.

Ier. 5.4. And although they say, the Lord liveth, surely they sweare falsly.

Hosea 10.3. They have spoken Words, swearing falsely in making a Covenant: thus judgement springeth up as Hemlocke in the furrowes of the field.

Edinburgh, Printed (as truly, as the Scotch papers were at London) by Evan Tyler, Printer to the Kings most Excellent Majestie, and are to be sold at the most Solemn Signe of the Blew-Bonnet, right opposite to the two Houses of Parliament. 1646.

Estimated date of publication

30 November, 1646.

Thomason Tracts Catalog information

TT1, p. 477; E. 364. (3.)

LWV

T.83 [1646.11.30] (10.8) John Lilburne [with Overton], An Unhappy Game at Scotch and English (30 November, 1646).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

An VNHAPPIE GAME AT SCOTCH AND ENGLISH. Scotch Papers. Pag. 2.

Scotland.THe Parliament of England, hath no more power to dispose of the person of the King of Scotland, being in England, then the Parliament of Scotland hath to dispose of the person of the King of England, if he were in Scotland.

Ans.England. Brethren, you say very well: But the question is, whether such a disposing may be either by the one or by the other? Whether the Armies of Scotland being in England, may dispose of the King of England being in England or no, And so on the contrary? But indeed it needs not much to be disputed, for in words you deny your selves of that power, when you tell us, (pag. ibid.) that the Armies of Scotland have nothing to doe in the dispose of the King of England, yet for all this, indeeds you do assume as much as that comes to, to your selves; for though you plead your Scotish interest in the King of Sotland to countenance the fact, yet behind the shadow of that Curtaine (thus drawn before our eyes) you keep the King of England from England, & so consequently King it over England behind; which we are consident would by your selves be condemned in us, in case you should be so dealt withall by the Armies of England, for we cannot judge that the Armies of Scotland would count in lawfull for the armies of England, if they were in Scotland, for their assistance, to deny them the delivery of the King of Scotland: Because being in England they refuse to deliver him to England, according to the votes and desires of the two Houses of England. Therefore we judge, that Scotland would much more claime that priviledge in him, being in Scotland; for if they will claime it out of their bounds where they have no right of authority, they will much more claime it within the bounds of their dominions, where their power is intire to themselves.

Therefore it is not well done of our deare brethren of Scotland, thus to cast a Scotch mist before the eyes of their Brethren of England: For though (as before) verbally they disclaime all power in their armies, for his disposall without the joynt consent of the two Kingdomes, yet (as deare Brethren) their armies have received, entertained and kept him even in his person, and that before the joynt consent of the two Kingdomes, and absolutely against the will and desires of ours. So that the King of England, and the King of Scotland is disposed of by the armies of Scotland, without the consent or advice of either Kingdome. We hope our deare Brethren will not say, their armies received advice and direction for his entertainment from the Kingdom of Scotland, for that were a capitulation with him, without the privity and conjuncture of England, which by them pag. 6. is disavowed.

But in case our brethren might receive him without the mutuall consent of both Kingdomes, then why doe they stand for a mutuall consent for his delivery, for by the Lord Loudon’s own argument (pa. 25.) contrariorum contraria sunt consequentia, contraries have contrary consequents.

Therefore it they may not part with him, without the consent and advice of the two Kingdomes, then ought they not to have received him without that consent. If our deare brethren should urge, that parting with him, were a disposing of him, and that they may not do without breach of Covenant and Treaty: the like we retort by their owne rule of contenries, concerning their receiving of him: for receiving is by the said rule as much a disposing as parting with him, so that if our deare brethren be men that are true to their owne rules and principles, we may conclude, that if they will not part with him without the consent of the Kingdome of Scotland, that then they had the consent of the Kingdome of Scotland to receive him, before they did receive him, but our deare brethren doe affirme the one, pag. 8. therefore from the truth and fidelity of our brethren, we may well conclude the other.

Oh! what shall we say or think now of our brethren? are they not of divine Covenanters, become cheating Juglers. For let any man judge, whether the keeping the Kings person at New-Castle without our consent, be not as absolute a disposall, as afterwards the sending of his person to White-Hall, Richmond-House, Hampton-Court, or else where, by the joynt advice and consent of the two Kingdomes. They would differ in manner indeed, but not in the nature of the thing, and the nature of the thing, is the matter in hand: The difference would be but in an Accident, namely the addition of our consent; it is now without it, it could then be but with it, and both’s a disposall: Yea, though it should be without this consent either of yours or ours: For an accident may be wanting and the subject remaine.

But to colour this disposall from the censure of their act, our brethren doe tell us, that

Scotland.He came voluntarily, and continues voluntarily

England.Ans, It seemes, from hence you would inferre, that the Act of that disposing of his person is by himselfe, and not by you. But for answer thereto, consider your own grounds: By the Covenant and Treaty you urge, that his person is solely and intirely to be disposed of by the parliament of both Kingdomes, and not singly, or by a third, but by the joynt advice and consent of both: Therefore from this grant of yours, your Armie neither had nor hath any power individually to make or medle with his person, or in the least wise to dispose of it, no, not for a minute, in this place or that place, for this or for that, or till things should be so or so, therefore your Act of entertainment of his comming, was (by the just sequell of your owne ground) an actuall disposing of his person, pro tempore, even as well, and as really, as if you should dispose of it for ever, for the difference would only be in the protract of time, not in the nature of the thing.

Further, the thing betwixt the two Kingdomes by the Conant and Treaty, is not what he might doe, but what the two Kingdomes thereby are mutually bound to doe, for the Covenant and Treaty was not made with him, but betwixt the two Kingdomes: So that his voluntary Act was nothing to your nationall duty and obligation, for his personall will was no wise included in the condition thereof: Then was neither his personall assent nor dissent required to the making either of the one or the other.

So that his voluntary comming or staying, is neither here nor there to your act: for this receiving and retaining (though voluntary by him) is as well an actuall disposing of yours (though not in that aggravation) as if you had fet him, and continued him by force, or constraint as you call it: And therefore the act of your receiving and keeping his person without our consent, is that against which we except: It is not about the manner how, whether by his will, or by your force, that our difference is stated, but about the definitive matter of disposition it selfe; although with your manner how and the like, you would delude us, and divert us from the state of the question, reasoning from the manner, and so concluding against us in the matter, when indeed you should reason from the matter, and then it would be otherwise. Therefore your receiving and continuing, is an absolute possession and disposing thereof, and so it is your act.

Besides, he could neither enter nor continue, without your consent. For can a well fortifyed City be entered by a single man, without force, or therebe continued, except the Citizens please, and is not your armie equivolent thereto? Therefore it is the act of your pleasure, though his be added therto the addition whereof nothing diminishing there-from: for by how much the more his pleasure and your pleasure agrees without ours, by so much the more is it dangerous and suspitious; but the concord & conjunction thereof is to such an high measure aspired, that you are not ashamed to tell us, that you will not have him delivered or disposed of contrary to his will, which must needs be his personall will, for were it his leagall will, he then would be assenting to the Orders and determinations of his great Counsell, the two Houses of Parliament, his legall will, wee are sure it cannot bee, except from the Parliament he carried with him the Soveraign power of the land, & it hath journeyed with him ever since; and now with him he hath brought it to our dear Brethren of Scotland: If it be so, then truly our Brethren have (all this while of their concurrance with us against him) been Traytors and Rebels thereto as well as our selves; yet sure our dear Brethren (if it be but for their credits) will not say so; and if they doe not, then what are our brethren now? It must needs be granted and concluded at first or at last: So that how to award our dear Brethren from Treason and Rebellion against the Soveraigne Power of this Land wee doe not see; therefore our dear Brethren might doe well with their next papers to send us a paire of Scotish-spectacles that are fit for our eyes, and their caractar, for by our English reading (printed by Evan Tyler at London) wee can read them no other as yet: Therefore in the meane time in our answer to the Will of the King, we must consider that Will, as the Will of Charles Steuart, contrary to whose Will, you will not have him disposed; so that in deed and in truth, you place the whole power of the disposall of Charles Steuart, in the Will of Charles Steuart, and make that his personall Will, the Essence of that Disposall, for the Will of Charles Steuart (if he must not be delivered without it) may contradict, null, and make voide whatever gainesaies: So that the advice and consent of the two Houses, &c. (which you so oft talke of in your papers) is but a shaddow without a substance cast before our eyes; a Nut without a kernell, that you have given us to crack; a Bone without marrow, that you have thrown in amongst us So that we can judge little better of our brethren in this, then of such as carry water in one hand, and fire in another.

Scotch Papers page 4.

Scotland.Our Armies are not tyed to be subject to the resolutions and directions of either Kingdome, but of both joyntly.

Answer.

England.If your Armies be so tyed and obliged, then how came they loose and obsolved thereof in this your reception, and continuance of his person without their resolutions? For as yet there hath been no joynt resolve of both Kingdomes about it: and thus to put trickes upon us, you play fast and loose at your pleasure.

Page 2.When you plead for your selves, you say, it is a fundamentall right and liberty &c. that none can without consent, impede or restraine your King from comming amongst you to performe the duties of a King, and with this you would cover over the act of your admission and reception of his person.

And when you reason against the two Houses, in opposition to their Votes, you tell us it is one thing what the Parliament of England might have done in another cause, and warre before their engagements by Covenant, it is another thing what ought to be done after such conditions and tyes imposed &c. whereby you would deprive the two Houses of that which before you urge for your selves; namely, fundamentall Rights &c. and utterly debar them in this difference from all retrogradation beyond the Covenant; yet your selves will run in infinitum beyond if you can urge your fundamentall Rights and liberties for you your selves, in your reception of the King of Scotland, but will not permit them upon any termes (because of the Covenant) from their fundamentall rights and liberties of the Kingdome of England, to Vote the disposing of the King of England in England.

Therefore by your favour (dear Brethren of Scotland) since thus you play at boe-peepe with your Brethen of England, we will answer your first reason with your second: It is one thing what you might have done before the Covenant, and another thing what you may doe after; but by the Covenant (even as your selves say) His person must be absolutely, & wholy disposed of by the joynt advicect consent of both Parliaments, so that by your Covenant you are bound not to medle at all singly in his disposall; eitherof so much as receiving or entertaining him.

But let us a little expostulate with our deare brethen of Scotland: is this your dealing with us as becomes brethen? Is this your brotherly conference, to condemne that in us which you will allow in your selves, first to plead your fundamentall rights and freedomes &c. And then in the next page to tell us, wee doe not medle with any of our single rights priviledges or Lawes of our Nation, &c. and a little after, unlesse wee lay aside the Covenant, Theaties, Declarations of both Kingdomes; and three yeares conjunction in this warre, neither the one Kingdome nor the other, must now look back what they might have done singly before such a strict union.

What shall wee thinke, or what shall wee esteem of our deare brethren for this? Wee know not how to excuse them of lying; but however this will wee boldly affirme to our Brethren of Scotland, that this latter argument utterly cuts off our Brethren from the refuge of what ever our Brethren might have pleaded before the Covenant, and strictly restraines all their arguments, concerning the interest of the Kingdome of Scotland in the King of Scotland, and about their fundamentall rights and liberties &c. for they all were before the Covenant, and so in this matter are quite out of date, and comes not into the compasse or nature of the dispute, even by your own bounds and limits by your selves thereto affixed: which considerations, may serve as an answer to one great part of the papers: & therefore we may wel wonder at this your manner of reasoning & cannot otherwise reasonably judge, but it is to cast a Scotishmist before the eyes of the free-men of England, on purpose to delude them.

Scotish Pap. page 4.

Scotland. The ends of the Covenant are not to be prosecuted by the two Kingdomes, as they are two distinct bodies acting singly: but they were united by solemne Covenant made to Almighty God, & by league each to other, as one intire body, to prosecute the cause.

Answer. As by this argument, you were not to meddle at all in the least kind about the disposing of his Person, not so much as to give him entertainment (that being an actuall disposing pro tempore as aforesaid) without the mutuall consent and Order of both Kingdomes proceeding: So by this argument also a second is absolutely excluded from this (Covenanted) disposall: for hereby there is an union of two Kingdomes in one for one end; and an vnite admits not of a second or third, for then it is no more one, but two or three: So that it is as cleere as the Sun, that this unity of consent betwixt the two Kingdomes admits of no addition or division whatsoever; for so the property of that Bi-unity were lost: If another were added to thar vnity, then were it a Tri-unity, and not a Bi-unity: and if that unity should be devided, then were it no unity, for puca unitas est indivisibilis: Why therefore you should bring in the Kings consent betwixt the two Kingdomes, wee see not; except you meane to play fast and loose, and set open a doore to all forraigne Nations, to have a title to this consent: for as well may you say, that France, Spaine, &c. must have their consent in this businesse as well as Charles Steuart himselfe; for the Question is not, what Mr. Steuart would doe with his person, or what France or Spaine &c. would doe with it, but what the two Kingdomes by this Covenant are bound to doe; therefore the bringing in the Kings consent and will into the bargaine, is a meere nullity (as concerning this matter) to the Covenant; So that your repairing to his Will and consent, is an absolute departure from the joynt interest of the two Kingdomes, and from the Covenant obliging there to: for you will not deliver him, or doe anything with him without his consent: Therefore why doe you at all talke of the Covenant, or the interest of the two Kingdomes? Tell us no more of such blew shadowes and Sculcaps; but tell us of the Will of Charles Steuart: And if we must needs dispute, let that be the question, whether the will of Charles Steuart be the Law of all Lawes, whereto Parliaments Covenant, and Treates, Kingdoms must be subject? If you will deale with us upon that point, we shall not doubt but to make a reasonable returne.

Scotish Papers, page 6.

Scotland: If the Scotch Army should deliver up his Majesties Person without his owne consent &c. this act of the Army were not agreeable to the Oath of Allegeance, (obleiging them to defend his Majesties Person from all harmes and prejudices) nor to the solemne League and Covenant, which was not intended to weaken but to stregthen our Allegeance &c. ————————— Whom therefore our Armies cannot deliver, to be disposed of by any others at pleasure:

Answer.

England: By this it seemes, that the Scotch Army, are obsolutely devoted to the will of his Person; for except he will, you say, that your Armies cannot (you might as wel have said wil not) deliver him up to be disposed of by any others; which saying excludes the whole world, except his Will: So that in effect by this you have as well excluded the pleasure of your own Parliament, as the pleasure of ours or any others.

Sure our deare Brethren of Scotland are not themselves, to speake thus they cannot tell what; one while to urge the consent of their Parliament, and then by and by to deny themselves of it againe.

Well, but you say it is against the Oath of Allegeance, and the Covenant, for the Armies to deliver him up against his WILL. And why so (deare Brethren we beseech you) is the Oath of Allegeance and the Covenant confined to the dictates of his Personall Will? that what is contrary to his Will, is contrary thereto? For here you make his Will the very Axeltree upon which your argument turnes; and therefore by this your reasoning, both Kingdomes are by the Oath of Allegeance and by the Covenant, obleiged and irrevocably bound (it being made to Almighty God) to be subjected to his Will; yea, and as much as in you lyes, you have thereby concluded and conform’d a title upon him, even from Almighty God, to Rule by his Arbitrary pleasure; and made both Kingdomes Vassales to his Will. Is this the affection and duty which becomes Brethren that (page 5.) you tell us, you were put in mind of; That after you had espoused your Brethrens quarrell (page ibid.) by that espousall to contract your brethren to his Arbitrary pleasure? But as you in another case, so say wee in this wee cannot but expect better things from our Brethren. (page ibid.) Sure it is not our deare Brethren of Scotland that thus write: how shall such a thing (as becommeth Brethren) enter into the hearts of our Brethren of Scotland? except since his Majesties arrivall, our deare Brethren are run quite besides themselves, as aforesaid,

Some indeed have strange thoughts of our Brethren, and conclude them more Knaues then Fooles and that little better ever was to be expected from them, seeing now they are not ashamed only to tell us (page 7.) that the Scotish Army came not into this Kingdome in the nature of Auxiliaries (or helpers) and indeed they have proved as good as their words, for what Auxiliaries or helpers have they been unto us, except to carry away our gudes, and to drive away our cattle &c.) but also in plaine termes (to make all the blood that hath been shead, but as water spilt upon the ground) to capitulate with us, about the Kings personall Will, whether his Will must rule the roast or no? By our consent he shall first turne the spit, before his will shall rule the roast; our Lawes, Lives and Liberlies are more pretious, then to be prostitute to the exhorbitant boundlesse will of any mortall Steuart under the Sun: And therefore both He and your revolted Armies may be content, for we will spend a little more of our blood before that come to passe; you may as well twerle up your Blew caps, and hutle them up at the Moone, as to expect Englands assent unto that: no, no, Deare Brethren, wee are neither such foolnor such cowards, or yet such Traitors to our selves or to our posterities, to our Lawes or to our Liberties, as after we by the blood of us and our children have gained a conquest over that Arbitrary faction so basely to returne like Sower to the mire, or Dogges to the vomit againe; no sure deare Brethren wee have no: been thromming of Caps all this while, and therefore that is not to be expected: wee are content that our Brethren of Scotland should be our Brethren, but not our Lords and our Kings, to snatch the Scepter of England out of our hands, and to make us their slaves and Uassailes: what care we for Charles Steuarts assurance thereof under his Hand and Seale: we will mainetaine our just Rights and Freedomes, in despite of Scot, King, or Keysar, though wee welter for it in our bloods; and be it knowne unto you, O yee men of Scotland, that the free-men of England scorne to be yourslaves; and they have yet a reserve of gallant blood in their veines, which they will freely spend for their freedom. But to returne to the Game in hand.

Further. From the words of the forementioned clause of your papers, this you import, that you are by the Oath of Allegeance bound to keep his person from all harme, and therefore your Armies will not deliver up his person to be disposed of, as, the two Houses shall thinke fit: As if the two Houses by that their vote, had intended mischiefe to his person, or else why should you urge that in competition with their vote, if thereby you did not plainly conclude that their vote was an absolute intent of harme unto his person: But (good brethren) let us tell you, that though the two Houses of England have voted the disposall of the King of England as they shall think fit, it doth not therefore follow, that there is absolute harm to his person therby intended in their vote, but you make a surmise, then take it for granted, and forthwith thereon build the structure of your defence: But we hope it doth not therefore follow, because our brethren surmise it, except the sence of our Votes, our Orders and Ordinances of Parliament must follow the surmise of our brethren, that what ever their surmise is, that must be their Sense and Intent and no other. And if as you say; you will not inforce any sence or construction upon their Votes, then why will not your armies deliver him upon their Votes for feare of harme to his person, as if they had plainly intended with Salomons sword, by that their voted disposall to have divided the King of England from the King of Scotland, and so give each kingdome their just portion in his person.

But why should our deare brethren treason thus sophistically and deceitfully with us, and conclude thus inconsequently against us? Sure they have better Covenant Logick then this; for the antecedent of that Argument doth nothing at all prove the consequent thereof: Therefore if our deare brethren please (for the better discovery of their falcity) we shall cast that their kind of Argument into a forme after its owne nature and kind, which is thus.

A Scotch Argument. The two Houses of Parliament have voted the disposall of the Kings person as they shall thinke fit.

Ergo. The Scotch Armies may not deliver up his person to the said two Houses, for feare of harme to his person.

Truly dear brethren, this Gear hangeth together like an old broken Pot-Sheard: And wee deem, that you would be much displeased with your deare brethren of England, should they returne the like reasoning to their brethren of Scotland. But least our deare brethren of Scotland should judge us their brethren of England ingratefull, their brethren here send them a congratulatory pair of reasons formed after the same or the like kind desiring in their next papers, to be resolved, whether such reasoning with them, be faire dealing or no? to wit.

1. Argument. My gude Lord Lesley, came to Montrevill (Embassador for France) residing at Southwell, there to commune with the King.

Ergo. My gude Lord Lesley fell down on his knees, resigned up his sword, and laid it at the feet of the King, and then received it againe of the King.

2. Argument. My Lord of Northumberland, and Sebrant the French Agent looked through an hedge, and the one saw the other.

Ergo. They two are both nigh of a kindred.

Now having sent you a paire of brave Scotified arguments, wee’l throw an English bone after them, for your armies to gnaw upon.

A scandalous person may chance to prove a good man.

But some of your armie, are full of Back-biters.

Ergo, your whole armie are scandalous persons.

But now deare brethren, we cannot thinke that this will be judged faire reasoning in us; but if you condemne it, then why doe you use it? untill you revoke, and renounce your errour therein: this our like reasoning must not be condemned by you.

But by this we may plainly see, that you have some mischievious designe against the two Houses of Parliament, that you would insinuate such an opinion into the people of England, against their two Houses of Parliament. And that upon such high tearmes of contestation, to wit, that for that reason (to wit, harme) you will not deliver them their King upon their Vote, what may we judge by this, but that you intend destruction to them, thus to set the hearts of their people against them by your scandalous and seditious surmises and iealousies sowen amongst the people of England, for absolute truths: for if you give it not forth as a truth, why will you urge an argument from thence? Sure our Holy Brethren of Scotland, are not so voide of Conscience and grace, as to make a Lye a foundation of their practice.

Scotch Papers. Pag. 8.

We doe assert, that the King comming voluntarily to the Scotish Army, they cannot in duty deliver him against his will, to the two Houses of Parliament, without consent of the Kingdome of Scotland.

Ans. Then it seemes if he had come against his will, you had been bound in duty to have delivered him against the same, to the two houses of Parliament, without the consent of the Kingdome of Scotland, for if his voluntary comming be the reason of the one, then his unvoluntary comming must needs be the reason of the other, for as your own paper Champion saith, contrariorum contraria sunt consequentia, therefore hereby you have brought the consent of your own Parliament to be inferiour and subject to his will, the which notwithstanding the laid Champion told him, they should be forced to settle things without, in case he should not assent. pag. 19. The which reasonings, if they be not pro and con, be you your selves Iudges: and let the world judge, whether it be fair dealing so to reason in a matter so neerely concerning, the weale of the two Kingdomes, the lives and slates of thousands and ten thousands.

Scotch Papers. Ibid

The place of the Kings residence is at his own Election in either of the Kingdomes, as the exigency of affaires shall require, and he shall thinke fit, or else must be determined by the mutuall advice and consent of both Kingdomes.

Ans. What, more fast and loose still? Sometimes with your consent, and sometimes without your consent, sometimes with the joynt advice of both Kingdomes, and sometimes without it, sometimes with his personall will, and sometimes without his personall will, and now to make all indifferent! What is the meaning of our brethren in this? are they not in their witts, thus to jumble and jump forward and backward, and backward and forward againe, and then to lye all along betwixt both? For by this clause it seemes, that the disposall of his person is indifferent, either at his will, or at the ioynt advice of the two Kingdomes. Utrum horum mavis accipe, one of the twain, chuse you whether, so that if his person be eitherwise disposed, yet by this clause it is justified, the one as well as the other being asserted in that clause: then againe to adde to the number of those jugling Husteron-Proteron trickes, by the position of their order, they make the will of the King predominant to the consent of the two Kingdomes, for if by locall position, we may judge of preheminence, according to our nationall custome, the greater to take the wall of the lesse, then the will of the King is thereby preferred before the consent of the two Kingdomes, for it hath the precedency therein: How ever by that clause they are made of equallity, for they are not urged by the way of disparity, but by the way of equallity therein. Therefore by that clause there is not a pin to chuse betwixt them: So that which is first gone forth, whether his will, or the two Kingdomes consent, that must stand irrevecable, and not to be moved by the other, for could it, then were it as nothing, a meere shadow without substance, for then the absolute disposing were only in one, because if one may depose what the other disposes, then that which disposeth is all in all; and the other hath no will, vote; choice or consent in the thing, but is wholy dependant, and must be subject to the power of the other, which may conclude, order, revoake, and reverse at its pleasure. Therefore from this reasoning of our deare brethren, it followes thus.

1. That this present disposall of his person (being as your selves say voluntary) is irrevocable by either or both Kingdomes, because his will for that disposall was first past forth; which for that matter (as is already proved) by this present ground of yours, is as unalterable as the Lawes of the Medes and Persians: So that it is in vaine for the two Houses of England to expect a delivery of the King of England from the Scotish Armies,; for by this (to make sure worke of his person) they have put themselves out of a capacitie of his delivery upon any tearmes whatsoever: And therefore we may bid our gude King, gude morrow my Leige for all the day, and for ever, Amen Farewell frost, if he never come more, nothing is lost.

2. If by the sentence and judgement of our dear brethren of Scotland, the Kings personall disposall be at his owne Election and Will, and so inherent therein, then by the sentence and judgement of our deare brethren of Scotland, the dislocation of the Kings person by his personall will all this while from the two Houses of Parliament of England, is justified, and our deare Brethren of Scotland thereby made confederate with him, in that act, and so consequently guilty of all the rebellion made by his personall will against the two Houses of Parliament and the People of England.

3. If by the Argument of our deare brethren of Scotland, the King according to the exegencie of affaires may dispose of his person at his pleasure, then by the Argument of our deare brethren of Scotland according to the exegencie of affaires, the King may depart from our deare brethren of Scotland at his pleasure, when, or whether he pleaseth, although his pleasure should be never so pernitious or perilous to our deare brethren of Scotland: for his pleasure may only be knowne to himselfe, and not at all to our deare brethren of Scotland, no moe then it was foreknown (as our deare brethren would make us believe) at his comming to them. Therefore if our deare brethren of Scotland will have him according to the exigency of affaires to be disposed of at his pleasure, then according to the exigency of affaires, our deare brethren of Scotland must run the hazard of his pleasure.

But for be better deciding of the matter about his will, it is to be questioned, 1. Whether since the Covenant and Treaties, either England or Scotland may assert, that the place of the Kings residence is at his owne Election; the which as the case since hath stood, may in no wise be honourably granted, for thereby in all reason it must be concluded, that the two Kingdomes tooke upon them, the sole disposall of his person, without the least relation or respect to his personall wil: For should that not be concluded, then his arbitrary disposal of his person, so many times in open and actuall hostility against the Parliament and people of England were justifiable.

2. It is to be considered, that though before this his hostility against the Parliament and people, he might dispose of his person from White-Hall, to Hampton Court or the like, without the joynt advice of the two Kingdomes, whether now the case be nor altered or no?

3. In regard he hath most properly leavied and made warre against the Parliament and People of England, and in regard the Scotch engagement was but in assistance of their brethren of England, Whether his person thereupon, is not most properly due to the two Houses of Parliament and thereupon they might properly vote the disposall thereof, notwithstanding his King-ship of Scotland, by reason the Offence was properly against them, and a maine end of the war, was to reduce and recover his person unto the Custody and power of the two Houses?

But now whereas you urge his voluntary comming, as if it were only voluntary in him, and not like voluntary in you (which by Covenant, compact and treatie, was not upon any termes or in any wise without our consent to have been by you.) It is a plaine case, that there was a voluntary concurrance betwixt you, even of the Kingdome of Scotland with the King of England, before he had laid downe Arms taken up in Rebellion against the Soveraigne power of his Throne, the two Houses of Parliament, and against the Free People of England, and that absolutely by you, without the joynt advice and consent of the said Houses and Kingdome; for you foreknew of his intent, and were fore acquainted with his comming, before his arrivall at your Armie, and this is not only to be proved from the secret and trayterous Treatie betwixt you and the King, from the latter end of March last, 1646. Managed by the intervention of Montrevill the French Ambassador, and designed in France, but also by what was open, manifest and undenyable. For to omit his foot-steps from Oxford, he came publickly into Southwell, foure miles distant from your Armie, and there was entertained by the said Montrevill, who was deputed and provided to receive him, and forthwith he sent unto your Armie, to informe you that he was come thither, then Lasley your Generall (Metrapolitan over all the Blew-Caps of Scotland) repaired unto him and with him entertained a Treatie, and so he came voluntary to your armie, and there voluntarily ever since doth continue, as you your selves doe confesse. Now let any reasonable man judge, whether here were not a mutuall concurrence of voluntary consent, before his enterance into your Armie without all advice and consent of ours. And whether it is reasonable to imagine, that the King should cast his person voluntarily into the hands of those which were the first commoters and raiser of troubles and warres, entring his dominions of England with open Hostillity, for which he proclaimed them Traitors and Rebells, and now again: stand Traytors and Rebells by his Proclamations and Declarations, and which are still in Armes against him; and by solemne League and Covenant contracted and aspoused to the two Houses of England, in their war-fare against him, without the fore knowledge consent, compact & assurance of your armie and Kingdom; truly for our parts, considering all his politick, subtile, and crafty plots and proceedings, in all his Millitary designes we cannot imagine him so inconsiderate and mad, as to run his person without all assurance, on such a perillous hazard, or play such a card as that at a venture amongst you, without a full fore surety from you, and a compact betwixt you under hand and seale, for his entertainment and successe with you, and if we may judge the tree by its fruits, we are sure it can be no other.

Besides, had you not been concurrent in will with him (contrary to our privitie and consent) he could not have entred, much lesse continued in your armie, without your consent, and whether you would or no. So that indeed and in truth as the matter now stands, betwixt you and us, his comming must needs be reputed and concluded your single act, and neither may we, nor can we esteem it otherwise, for his will or his Action is nothing to the state of the question or difference betwixt England and Scotland in this matter, for you your selves say, (pag. 9.) that, it is cleere from the third Article of the Treaty, that the Scotish armie is to receive the directions of both Kingdomes, or of their Committees in ALL THINGS, which may concerne the pursuance of the ends of the Covenant and Treaty, whether in relation to PEACE or WARRE. In the eight Article, no cessation, pacification, or agreement for peace WHATSOEVER is to be made by either Kingdom or the armie of either Kingdome, without the advice and consent of both Kingdomes. Now deare brethren, by these very words of the Treaty thus cited by your selves, you are by your selves exempted and denyed of all power of intermedling about any thing whatsoever concerning peace or warre, without the advice and consent of the two Kingdomes: If so, then why have you attempted this act of reception and detaining of his person without the mutuall concurrent advice and consent of the two Kingdomes, which so mightily concerneth our weale or our woe, our peace or our warre, for this your seasure of his person in this manner, is of as high and great concernment about the matter of warre, as can be imagined, for it openly and apparently threatneth division and warre betwixt the two Kingdomes; and thereby you your selves are the deviders and threatners, contrary to your old and present asseverations and abjurations: in your booke of former Intentions, thus you assert of your selves,See intentions of the Armie of Scotland, pag. 3. we could iudge our selves the unworthiest of all men, and could looke for no lesse then vengeance from the Righteous God, if we should move hand or foot against that Nation, so comfortably represented to us, in that honourable meeting And pag. 10. Let them be accursed, that shall not seeke the preservatition of their neighbour Nation: and in your former Informations, Declarations and Remonstrances, you have cursed all Nationall Invasion and Treacherie: And now in these Papers you cry, God forbid, that the wayes of separating interests of the Kingdomes, should now be studied, pag. 5. And in the Lord Loudouns speech in the Painted Chamber. pag. 21. That no man hath conscience and honour, who will not remember our Solemne League and Covenant, as the strongest bond under Heaven, between God and man, and between Nation and Nation, &c. Yet these asseverations and execrations, are now made as nothing, and these your strongest bonds between God and man as you call them, are but as Sampsons cords to be burst a sunder at your pleasure, but God will deliver up your strength, if by your timely repentance you doe not prevent the vengeance of Heaven which hangs over your head. For why will you thus fairly professe with your tongues unto us, and deale so treacherously with us in your hearts, why should you receive and entertaine the King and yet protest against all sole disposall of his person? and why should you tell us, that his Majesties comming to your armie, is a more probable and hopefull way to preserve the union of the two Kingdomes, when as your selves see, that it is the most unluckiest meanes of division, and of somenting a war betwixt the two Nations, as Hell could broach: and though the Lord Loudoun breath out your menaces about that disposall, and openly threatneth us with forces from Scotland and Ireland, and with the assistance of forraign Princes, yet all this you would make us beleeve, (were we but as the Horse and the Mule, which have no understanding) is for the stricter and firmer union betwixt the two Kingdomes; but deare brethren we are not so undiscerning and sottish, so to be possessed and deluded. But further in the said pag. you say, because you came into England, for prosecuting of the ends of the Covenant, whereof one is to defend His Majesties person, you thinke it a strange thing, that your being in England should be urged as an argument, why you should deliver up the person of the King, to be disposed of, as the two Houses should thinke fit.

Ans. For the matter of your being in England, we shall for the present referre you to Mr. Chalaners speech: and only consider the reason of this clause, which we conceive to be on this wise, that because you are by the Covenant bound to defend His Majesties person, that therefore you will not deliver up his person, to be disposed of, as the two Houses shall think fit: which is as much as to say, because you are to defend his person, that therefore the two Houses of Parliament are his enemies: which manner of reasoning is as if we should say, because ther were dayly seecret whisperings and wishings at our Queens Court in France, that the King might but get safe to the Scotts, and because the day of his setting forth out of Oxford towards them was fore-known at her Court; That therefore Sebrant the French agent ran up into the Earle of Northumberlands Bed-Chamber, in the morning before he was up, and surreptitiously surprised in his Chamber window; a packet of Letters, (inclosed in a blanke paper superscribed (forsooth for their better conveyance to the Earle) and breake the same open, and said they were his, and so the one peep’d at the other, and saw one another and away hied Sebrant as fast as he could, and carryed with him the whole plat-forme of your—you know what!

Now Brethren, how like you your owne kind of reasoning? Is not this a prittie, kind of Argument thinke you, neady formed after that most hallowed pattern received from the Angel at Le font bleu?

And therefore seeing our Brethren have so far discharged their trust, as (after all their Protestations, Covenants and Oaths to Almighty God, their Solemne League, and Treaty with their Neighbour Nation of England) thus in the field to meet us in this free and brokerly conference with such Solemn Covenant-Logick, we may have doubtless great boldness & confidence, with our dear brethren of Scotland, to pay them in their owne coyne, for current and good Silver, especially considering whose Image and superscription it beateth: So that upon the point (we wish it be not of the sword) we are agreed with our gude Lord Loudoun, to give unto Cæsar the things that are Cæsars, &c pag. 26.

But now since our brethren take upon them in their armies to defend his person, we desire of our deare brethren to tell us, against whom is this their defence? If against us and our armies, then we reply, that if your Covenant now bind you thereto then why did you not by this Covenant joyne armies with them before, in all his Hostility against the two Houses, for by our hostility his person was endangered and subject to the casuality and execution of warre, himselfe in person and in armes appearing against ours?

Scotch Papers Pag. 9.

And whereas it is affirmed by the Treaty, the Scotch Armie ought to doe nothing without a joynt resolution of both Kingmdomes or their Committees; there is no such clause in the Treaty, but they are to be subject to such resolutions as are and shall be agreed upon, and concluded mutually between the Kingdomes and their Committees.

Ans. By this we may see how willing out brethren are to get a creep hole, and how they shufle and cut to strugle themselves cut of the Bryers: But gude brother Jockie be content to stick here a while, for if to their Resolutions (as you say) you must be subject, then you must not be subject to that which is contrary to their resolutions: But your armies retaining of his person is contrary to the joynt advice and consent of both Kingdomes, for as yet both parties are not agreed. Therefore this is a manifest breach of the Treaty; so that (if you wou’d have done as becommeth brethren) you should have stayed first to have heard the joynt advice or consent of both Kingdomes, before you had given him entertainment. For indeed, had there not been mischiefe designed in the thing and intended against this Kingdome, the King (knowing the mutuall obligation, and solemne Vnion betwixt the two Kingdomes, and the mutuall relation he had to them both, and each mutually to him) would (if he had intended to lay down armes against this Kingdome) rather (in this emergency of War) have dsiposed of his person (honoured by both Kingdomes with the title of the King of both Kingdomes) to the Committee of both Kingdomes, wherein the joynt military interest of both Kingdomes is represented, conferd and united, and both thereby incorporated into one deputative body, and as it were both made flesh of each others flesh, and bone of each others bone, that so in that, one act and at one time both Kingdomes equality and respectively would have received their King of each Kingdome, though presented in one person, even England and Scotland have received and kept the King of England, and the King of Scotland in that their entertainment of his person for the better disposall thereof by the Parliaments and Estates of both Kingdoms (being conquered by the mutuall force & conjunction of their armies) for then neither Parliament, Kingdome nor Armie had acted singly or divided, but it would been absolutely an act of both Kingdomes: This we say, he rather would have done, then in this factious divided nature to have thrown himselfe upon one Kingdome unknown to the other, and without the others advice and consent, had it not been on set purpose to have cast a bone of division betwixt them; that both He and your selves by joynt occasioned faire opportunity might compasse your designes to subjugate the neckes of the Freemen of England to your Scotch Monarchicall Yoake of Bondage (in gendering strife.) And you your selves, had your intentions towards us been upright; should rather have referred him to the said Committee of both Kingdomes, then thus to have attempted the receivall of him by your own millitary power, which was a desperate thing; however in case unawares he were received, yet you might ere this, knowing the mutuall and joynt interest of the two Kingdomes so well as you doe, and seeing it raiseth such jealousies, and is likely to occasion such a desperate and bloody division betwixt us, you might ere this have delivered, or at least proposed the resignment of His person, if not to the two Houses, yet to the custody of the said Committee; to whom indeed naturally and properly (as the case now standes betwixt the two Kingdomes, he belongeth) (no joynt power of the two Kingdomes but that being extant) to be by them retained till the joynt consent and determination of both Kingdomes.

You tell us that at the hearing of the martch of Sir Thomas Fairfax his Army marching Northward, you removed yours into York-shire, for preventing mistakes or new troubles between the Kingdomes (page 9.) but were you so cautions thereof as you pretend, you would not have thus highly erred in the maine, and then face us with trifles: brethren, we have been a little to much acquainted and cheated with such guilded pretences as to rest content with a flap in the mouth with a Fox-tayle: It is not your candor freedome and plainnesse as becomes brethren which you tell us of (page 1.) in words what will satisfie us, if in deeds you deny us; Wee know you tell us he came valuntarily and continues vluntarily, and you doe not hinder him from comming to doe the duty of a King amongst you: which words indeed beare a spetious shew; but Brethren we are not so undecerning and ignorant as to conclude all is gold that glisters; but these your serpentine delusions, puts us in mind of the trick you put upon us about Mr. Ashburnhams escape; for in a paper from the Commissioners dated 25, of May 1645. the Lords of the Committee of New-Castle tell us, that directly, nor indirectly they had no hand in Mr. Ashburnhames escape; which by interpretation is as much as to say, that directly you had no hand in it, but indirectly you had; sot after our English Ottography two negatives make an affirmative, and Nor and No are two negatives cupled to one verb, and therefore must needs make it affirmative: but we will returne from this quirke to the matter in hand.

Now though you say, there was not any such resolution between the Kingdomes or their Committees, as, that the Scotish Armie should not receive the King if he came unto them: Our answer is, that it doth not therefore follow, that therein you may doe singly as you list; for you were obleiged in all things, whether in relation unto peace, or to warre, not to make any cessation, pacification, or agreement for peace whatsoever, without the advice and consent of both Kingdomes: And you your selves say, your Armies are to be subject to such resolutions, as ARE and SHALL BE agreed and concluded upon mutually between the two Kingdomes and their Committees. So that although neither present or future resolutions concerning unknowne matters to come be expressed (as indeed are impossible) yet therefore you have not the liberty to doe what you list, or to anticipate their resolutions with yours, for then Agrement, compact, and Treaty, were to no purpose at all; but you were strictly bound upon penalty of breach of Articles, first, to have knowne the joynt advice and consent of the two Kingdomes, or their Committees in all things whatsoever, whether for peoce or for warre; especially in a thing of so great and so high concernment, as to Treate with, Receive, and entertaine the Kings Person, though notwithstanding he should come voluntarily to you, for the matter is all one in the nature thereof, whether he come to you, or you goe to him: treating with, recieving and entertaining, without a joynt advice and consent (let it by what other meanes soever it be) is the maine thing which those Articles respect: for indeed that is, as absolute treating, cessation, and pacification with the King on your behalfe as can possible be: and therefore whereas you say, that you were not to impede, or restraine the person of the King from comming and doing the duty of a King amongst you, and thereupon have answerably received him; thereby you hold forth, and confesse a compact and conclusion of peace with him: for if you receive him to doe the duties of a King amongst you, and that without the joynt advice and consent of the two Kingdomes or their Committees; what is this other then to pacificate with him without their joynt advice & consent? but more of this by and by.

Besides if you will make an exception, because it is un-expressed in the Treaty [that you should not receive the Kings Person if he should come voluntarily to you] then may you as well except against all the resolves and results of the two Kingdomes and of their Committees, that therein are not expressed; and so confine all to the very letter of the Treaty, and utterly take away all liberty and power from the two Kingdomes and their Committees, of further advising, consenting, o resolving.

Scotch papers page 10.

Scotland: The Scotch Army neither hath nor will take upon them to dispose of the King, he came unto them without capitulation or Treaty: his residence with them is voluntary and free, and they doe nothing which may hinder him to come to the two Houses of Parliament.

Answer.

England: Whither now Jockie? Hoyt—Hoe—Hause—Ree—Gec—Hoe—Jockie: What? neither backwards nor forwards, one filde nor the other! Riddle me, Riddle me, what’s this? You’l nether have him, nor be without him; neither keep him, nor deliver him: a pritty parodox! for you will not take upon you to dispose of him, and yet you will keep him nor will hinder his comming to the two houses of Parliament, and yet will not deliver Him: for his will in this matter of keeping and delivery is not at all respected in the Treaty and compact betwixt the two Kingdomes, but only the Act or Acts of the two Ringdomes, Therefore, what is this else but to say, you will, and you will not? you will neither receive him, nor will refuse him; you will not deliver him, nor will you keep him.

Now whereas (as you say) you are so willing that he should come of his own accord to the two Houses, and you would not hinder him: Wee pray you tell us whether you would suffer him, provided his intent were unknown unto your Or whether you would judge it sutable to the interest of Scotland, that the two Houses or their Armie should receive him upon such termes? Doubtlesse you would hinder the one and condemne the other; for no reasonable man can judge otherwise by your present practice and papers, you have received him without the consent of the two Houses and (as you would make’s beleeve) without any fore knowledge of his intent at his comming, therefore are not your selves condemned by your selves? even justifyers of that in your selves, which you would condemne in others?

But you say, he came to you without capitulation: If so deare Brethren, then why did Montrevill goe before hand to Lestey’s Army to take order for his reception there? And how came the King to have the faith and honour of the Scots engaged to him in the businesse of the Militia? How came the information of Thomas Hanmer, June 12. 1646. (at the Committee for the Army, and after reported to the House of Commons) since by experience to have been confirmed in the most perticulers thereof? wee could be much more inquisitive with our Brethren about this matter, but it may be they have learned of Lieutenant Col. John Lilburne and Mr. Overton the two prerogative Archers of England, and of some othery, not to answer to interrogatories concerning themselves, and therfore we shall forbear at this time further to question the faith and sincerity of our Brethren in this particular, only wee shall desire (because our Brethren in their papers are verbally so tender over the Harrassed, oppressed, plundered North) wherefore besides the extraordinary losses and charges thereof, their ordinary cessements where the forces are quartered are levied and paied after the care of obout 140000 pounds a month upon the whole County, which is twenty times so much as they ought to leavy by the Ordinance of Parliament, as appeares by a Letter June 26. 1646. from sundry of the Committee of Torke to the Commicee of the Lords and Commons? Wee will assure you Brethren, that this dealing together with your severall rapes, murthers, oppressions & abuses which hath bin & are dayly acted upon the well affected in those parts, are farre from the first professed intentions of the Scots Army at their first comming into England 1640. Where page 11. you doe declare that you would not take from your friends and Brethren of England from a thread even to a shoot latcher, so that our Brethren are not the same, or else they are much changed, for from the beginning it was not so; however, this will we say of our Brethern, that as (they tell as page 6) that the Oath communicated to them for the disposall of the Kings Person by the two Houses may suffer a benigne interpretation, and be understood of the disposing of the Kings person favourably and Honourably; yet as the words stands, they are comprehensive and capatious of more then is fit to be expressed; so answer we our Brethren, that though their unreasonable cessements, their dayly rapes and murthers, robberles, oppressions & insufferable abuses upon their dear Brethren and sisters in the North may out of a Brotherly construction receive a benigne interpretation, and be understood but as escapes of their Armie, yet as the deeds so stand, they are comprehensive and capatious of more then is fit to be done.

And therefore deare Brethren, we cannot but justly wonder why you should be so unbrotherly and unkind to your Brethren of England, notwithstanding these great oppressions of yours upon them, now to capitulate with them for such vast sommes of money, and that upon such high termes as not to surrender their Garisons and quit their Kingdome of your Armies, without, 100000. pound downe in your hands: Indeed Brethren let us tell you, wee can judge it as yet, little beter then invasion upon our Land, to capitulate with us upon termes, before you will resigne us possession of our owne Garisons, Forts, Castles Countrys &c. for upon no termes whatsoever have you any right or property unto any of the Forts, Castles, Garisons, or Countries of the Kingdome of England, or in any wise to attempt possession therof, or upon any termes to refuse the resignment thereof for so long and so much are you invadors of our Land; for not an hare breadth of England nor a Minutes possession thereof is yours by any legall, equall, or National Right, except you will say, that you our Brethren of Scotland are now become Kings of England; and indeed your actions and usurpations are equivolent thereto, for as well, as to doe what you doe, you may possesse it for ever, and make invasion upon the rest of our Land, for protraction of time and increase of quantity cannot alter the equity of your title, it being as much to the whole Kingdome as to a part, and as well for ever as for a minute: But indeed and in truth it is neither in the one or yet in the other.

But you tell us, pag. 16. Reasonable satisfaction must be first given to your Armies for their paines and charges, before you will surrendey; Why, brethren must you therefore take possession of our Garrisons, Castles, &c. Because in equity wee are bound to give reasonable satisfaction to you, for your mercenary assistance? Our Garrisons, Castles, Forts, Countries, &c. were not put into the bargaine, neither were they ever as yet set over to you, as a pledge for your paiment, but notwithstanding Covenant, Treaty, or any other obligation whatsoever betwixt us, they are still the absolute interest and propertie of England, which by this your refusall, to quit them, is absolutely invaded and usurped: and your continuance of their possession upon those Tearmes, is a continuance of hostile invasion and incursion upon England. And is as much as if you had entred by force, (for Dolus an virtus quts in hoste requirit?) it is all one to the nature of the thing, whether by force or by politick deceipt, for both can be but possession, so that this your possession of our Countries, Castles, &c. under the colour of expectation of pay before you depart, is in the nature of the thing as absolute invasion and incursion, as if you had entred and over run those places by force of Armes. For though we be bound to give you reasonable satisfaction, yet by that obligation, we are not bound to forfeit our Garrisons, Castles, Countries, &c. into your hands, till it be given: We will grant you that reasonable satisfaction is due; but what is that? whether a certain summe of money, or else our Garrisons, Castles, Countries, &c? Your selves only make claime to the first, and therefore, and in respect of our owne interest, we will be so bold as not to disdaine and yeeld up our right in the second upon any pretence whasoever. And in case reasonable satisfaction should be denyed, it could be but a falsitie and breach of faith, it would not therefore follow, that our Garrisons, Castles, Countries, &c were become forfeit into the hand of our brethren the Scotts: Or because we should doe evill, it doth not therefore follow that they should doe evill for evill againe: for that were contrary to sound doctrine and the power of Godlinesse, a clause of the second Article in the Covenant from which our brethren tell us, that no perswasion terror, plot, subjection nor combination, shall never directly nor indirectly withdraw them: and in this Covenant there is no such clause expressed, intended or implyed, that in case we should not give them satisfaction according to agreement, that then our Garrisons, Castles and Countries should be forfeit to our brethren of Scotland. Therefore if you would but deale friendly and as becommeth brethren (whereof you make such profession) with us, you would not take advantage at your brethrens necessitys to deale thus unkindly and unbrotherly with them (as if they had entertained so many Turkes, Pagans and Insidells into their bosomes in stead of brethren) as to sease upon their possessions, their Garrisons, Forts, Castles, Countries, &c. because this reasonable satisfaction cannot he provided as soon as you would have it, and as they desire and endeavour it. This is not a doing as you would be done to, this is no brotherly bearing of one anothers infirmities, or of one anothers burthen; but in stead of a brotherly casing, this is an unfriendly oppressing, besides the great Scandall it casteth upon your brother Nation of England, as it the Parliament and People thereof, were so unfaithfull, unnaturall and false hearted, not to be trusted upon their faith and honour with their brethren of Scotland (with whom there is such obligations of unity and brother-hood) for the palment of the said sum of money, with their utmost expedition, doubtlesse we should never have been so ungratefull and unfaithfull with our brethren as to have dealt unjustly with them therein.

But we are afraid, that this money demand, was but a forraign invention to catch us upon the lurch, supposing by reason of the unreasonablenesse of the matter, and the invasive manner, thereof, the two Houses would not assent thereunto: and so by such meanacing provoking Tearmes as the detailing of our Garrisons under the pretence of acquiring reasonable satisfaction, to pick a quarrel with us, or else you would not thus have demanded the same upon such high provokating Termes, nor detaining of our Garrisons, Castles, Countries, &c. for to deliver them unto us, you will not till you have money.

Yea, you tell us, that if the 5000. l. at Nottingham already accounted unto you with some other competent portion of money be not sent unto your Armie, you must be forced (forsooth) to enlarge your Quarters for the ease of the countrie, so that we plainly see by this liberty of enlargement which you usurp unto your selves, that you intend that your inlargement of your Quarters shall be as large as our Bounds in the case of procrastination, and all under the colour (for sooth) of easing the country Indeed brethren by that meanes you would case us of all. But if in your Hearts you be intended to case us, then why doe you not rather tell us that you will enlarge homewards, to your owne native Country, for that were indeed an Easement; this is but a further inlargement of our burthen, but we know your meaning by your gaping: Gude brethren doe not thus take advantage at your brethrens neceffities at becometh brethren we tell you, it doth not become you to deale thus unkindly with your brethren: for it is an unnaturall, unbrotherly part, to make a prey of their extremities. Yet here is not all they say of this matter, for they menacingly tell us, that inrcase Sir Thomas Fairfaxs Armie shall march Northwards, that their Scotish Armie shall enlarge their Quarters Southward, whereby (they say) it is easily to beseen, that those Kingdomes may unhappily be againe embroyled in new and greater troubles then yet they have been. Now how can we judge this otherwise, but as a shaking of the sword over our heads? a dare, a threat even as much as to say to our Armies, come Norwards you dare, And if you doe, we will advance Southward, and then you may expect greater broyles and troubles then ever: but brethren, for the love of God, and the peace of the Kingdomes, forbeare such threatning language for the future, that wee may live together as brethren in love, peace and tranquillity: For brethren we doe assure you, that evill words corrupts good manners, trend on a Worme and it will turn againe, and surely Englishmen have as much courage as Wormes.

And now that you see that the two Houses have conditioned to your demands, you enter into dispute with us about the disposall of the person of the King, in such a manner as is not possibe in honour and justice for this Kingdome to accept off and you propose wayes and meanes of delayes and protraction of time, at sending of Commissioners againe unto the King in the name of both Kingdomes, with Power to beare his desires and the like, when as indeed the matter belongeth to them joyntl to advise determine and conclude how they will dispose of him, and what they will compell him to doe, being conquered and fallen into their hands, therefore sending to, or treating with him now, is beside the matter in hand, so that those various Devices of yours, give us great cause of suspition and jealousies of you, that these, are but wayes to beare us in hand for the better facilitation of your design. But we should be glad to heare of your innocency of those things, and should be willing to judge better of our brethren, but they must excuse us, if we judge the Tree by its Fruit, and may rather blame themselves for bringing forth such fruit, then us, forth judging, when it is brought forth. Therefore to remove all Temple and difference from betwixt us, we desire them to let their good workes so shine before men that we may justly say, that God is in them indeed, and that they are our faithfull Brethren and friends who are resolved to live and dye with us in the better Sense, though we are now iustly afraid of the worst.

FINIS

Errata, pag. 6. for you your selves, read your selves, p. 7. l. &illegible; for &illegible; &illegible; &illegible; &illegible; p. 8. l. 10. for proceeding r. proceeding, p. 9. for and &illegible; &illegible; &illegible; c 1 a. for my Lord of Northumber land, r. Genney with the wish, p. 16. &illegible; &illegible; &illegible; for some of your armies some Regiments in your armie, Of these and &illegible; other &illegible; &illegible; &illegible; the Author &illegible; the Readers favourable correction and &illegible; &illegible; &illegible; &illegible; &illegible; &illegible;

 

 


10.9. [Overton or Lilburne], A Reall Persecution or, The Foundation of a general Toleration (13 February, 1647)

Bibliographical Information

Full title

[Overton or Lilburne], A Reall Persecution or, The Foundation of a general Toleration, Displaied and Portrayed by a proper Emblem, and adorned with the same Flowers wherewith the Scoffers of this last age have strowed their Libellous Pamphlets. Collected out of several books of the Sectaries to discover to world their wicked and abusive language against godly Presbyterian Ministers.

London, Printed for J.H. and are to be sold in Popes head Alley, 1647.

Estimated date of publication

13 February, 1647.

Thomason Tracts Catalog information

TT1, p. 494; 669.f.10 (114.)

LWV

T.91 [1647.02.13] (10.9) [Overton or Lilburne], A Reall Persecution or, The Foundation of a general Toleration (13 February, 1647).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Esay. 18. 22. Now therefore be ye not mockers, &c. 1 Pet. 3. 13. And who is he that will harm you, if ye be followers of that which is good. Vers. 14. But to you that suffer for righteousnesse sake, happy are ye, be not afraid of these men nor troubled. Vers. 16. Having a good conscience that whereas them that thus speak evil of you at of evil doers, they may be ashamed that thus falsly accuse you, &c.

1. MArtins Eccho, pag. 16. Loving friends and neighbours, stand still gaping with your mouths open, and quietly bow down your backs whilst you are bridled and sadled, and let the holy humble gentle Presbyterians get up and ride, &c.

2. They le deal very gentle with you, though the Proverb be, Set a beggar on horse-back and he will ride to the Devil.

3. Though they have spurs, yet they will not use them; yet if they do chance to gall your backs and shoulders, and force you to cry out, &c.

4. Then you shall have liberty to leap out of the frying pan into the fier, by making your appeal to the Common-councell of Presbyters.

5. Here you shall have Rehoboams answer, our fathers the Bishops chastis’d you with whips, but we will chastise you with scorpions, &c.

6. For the same power which was lately resident in an Arch-bishop, is inherent and of divine right in every Presbyter.

7. Hath not the Protestant Religion been lockt up in the brest of the Assembly.

8. Hath not your Faith been pind on their sleeve, and you must take the result of them whether it be right or wrong.

9. You have ingag’d to suppresse Prelacy, High-Commission, &c. thus you have beat the bush, but the Presbyterians have caught the bird.

10. Thus to shun the smoak, you have leapt into the fier.

11. Pag. 7. 8. Be ye mounted upon your great Horses, that trundle you to and fro from London to Westminster.

12. Mount all your Cannons, and advance like mighty men of valour, &c. even whole black Regiments of you into the Fields.

13. Pag. 21. Presbytery is but a shift at a pinch, what good the Devil will have of it, I know not.

14. Who knows the luck of a lowzy cur, he may prove a good dog.

15. Pag. 5. 6. Sir John Presbyters life is like neither, to be long nor good.

16. He will be brought to some sudden untimely end, perhaps to hanging.

17. Presbytery shall have but a short time to do mischief in, and then the people will sing, Hey tosse the Devils dead.

18. The Synod shall speedily be dissolv’d, and the Devil chaind up.

19. Rejoyce oh England, Presbytery shall shortly have never a child to vex thee, or to suck up thy fat.

20. Then farewell Assembly of Divines dissembled at Westminster, Sir Simon Synod and his son Presbyter Jack.

21. Pag. 5. The barbarous Caniball Sir John Synod, &c.

22. Let him suffer his teeth and nayles to be pluckt out and cut off by an Independent Barber.

23. That hereafter he may never bite or scratch more.

24. Well Sir Simon, if you will not mend your manners, Martin will observe all your postures.

25. An Martin will set Christopher Skale-skie, Rowland Rattle-priest, Martin Claw-clergy, and Bartholmew Bang-priest upon your back.

26. And in time these will pull down your Synod, and your sphear about your ears.

27. Behold a Troup comes, Sir Simon Martin is of the tribe of Gad.

28. Though a Troup of Sir Johns overcome him for a time, yet he will overcome him at last.

29. Martin is resolv’d to jeet you out of your black Cloaks and Cassocks.

30. Martin intends no longer to dally with you, but to handle you without mittins.

31. He’le thwack your Cassocks, and rattle your jackets.

32. He’l stamp upon the panch of your villany, and squeeze out the garbidge of your iniquity.

33. He is resolved to beat you and your son Jack into a mouse hole.

34. Ther’s not a man of Martins, but is a man of valouri and mettall.

35. These all hate a Tithe divouring Priest, as they hate the Devil.

36. You stif necked Priests, turn to Martin, lest his fierce wrath confound you and your whole posterity.

37. Harken you rebellious Assembly to Martin, and persecure no more.

38. Persecution hath a thousand Jack-tricks to block up all passages, and stop all mouths.

39. Pag. 2. He turn’d Reverend Imprimatur, and here was all as sure as the Devil and Presbyter could make it.

40. Pag. 14. We imploy Doctor Featley’s Devil to make up a Description of the Anabaptists.

In the Nativity of Presbytery.

41. That the Devil made the urchin Sir John Presbyter an abject, a fugetive newly come out of Scotland.

42. Pag. 5. Like his father the Devil, he delights in black.

43. That he is fitter to be a weather-cock, then a Divine.

44. Onely the evil spirit of Mercury presents him to be the Devils goathead.

A Pamphlet against Tithes.

45. The sabred Ordinance of Tithes was wisely thought on before the Directory.

46. Because he is worse then an Infidel, and denies the faith that provides not for his Family.

47. My Lord the Defendant, smels of a fat Benefice.

48. See, his pockets are full of presbyterian Steeples, the Spires stick under his girdle.

49. Ha, ha, ha, Instead of weather-cocks, every Spire hath got a black box on it.

50. Instead of Moses, Aaron, and the two Tables, we shall have Sir Simon, and Sir John, holding the late solemn League and Covenant.

51. And then that spotlesse sacred Ordinance of Tithes, the two Tables of our Presbyterian Gospel, painted on all the Churches in England.

52. O brave Sir Simon, the bels in your pockets chime all in; ours chime all out.

53. I pray you give us a funeral Homely for your friends before you depart, here is twenty shillings for your pains.

54. Tis Sacriledge to bring down the prise, as it was in the beginning, is now, and shall be ever more, world without end.

55. Our temporizing Doctors are not so simple to swim against the stream.

56. Their Religion moves upon the wheel of the State.

57. I would your Lordships would call in your Ordinance for Tithes, and turn them to the peoples good wils.

58. Then we should have a tithe Pig sold for a peny.

Sacred Decretall.

59. The Ordinance permitting none to Preach but such as are Ordained, is a Patten of the Spirit worse then the Monopoly of Soap.

60. Therefore we wisely consulted of a Committee of Examination to be chosen out of us.

61. It must not be esteemed a Court of Inquisition, that’s Popery.

62. Onely an inlet to a thorough Reformation, that’s a goodly name, may do much good.

63. O ye two houses of Parliament, make an other Ordinance, that all the martins may be made to fly the three Kingdoms the next Midsummer with Cuccoes and Swallows.

64. That so we may have a Blew-cap Reformation, amongst bats, owles, jackdaws, & woodcocks.

65. Then Blew-cap for us.

A Bil given up at M. Calamy’s Church as followeth.

66. You are desired to remember the Priest-Ridden-slaves that went about to gather hands for the disbanding, Sir Tho. Fairfaxes Army.

Reverend Assembly, up arise and jog,

For you have fairly fisht, and caught a frog:

Now you have sate four years, pray can you tell

A man the way, that Christ went down to Hell.

In these two years, what can a wise man think,

That you have done ought else, but eat and drink;

Presbytery climb’d to the top of fame,

Directory and all from Scotland came;

O monstrous idlenesse, alack and welly,

Our learned Clergy mind nought but their belly.

Iude 17, 18, 19.

Beloved, remember the words that were spoken by the Apostles and our Lord Iesus Christ.

How they told you there should be mockers in the last times, who should walk after their ungodly lusts.

These are they that separate themselves sensual having not the spirit.

These are they that make it their common practise and delight to cast reproach and contempt upon the Gospel, and the faithful Messengers and Ministers thereof.

London, Printed for J. H. and are to be sold in Popes head Alley. 1647.

 

 


10.10. [Richard Overton], A new found Stratagem framed in the old Forge of Machivilisme (4 April, 1647)

Bibliographical Information

Full title

[Richard Overton], A New Found Stratagem framed in the old Forge of Machivilisme, and put upon the Inhabitants of the County of Essex. To destroy the Army under his Excellency Sir Thomas Fairfax, and to inslave all the Free-born of England on a sudden: Manifested and laid down, in certain animadversions, upon a Clandestine, illegall Petition, contrived, made, and privatly printed, by a destructive party in London: and then by them sent down to the Ministers of the county of Essex, to publish as on the last Lords day, 4. April, to the people, with directions to take their subscriptions in two sheets of paper: which being done: So many of the Subscribers as can, are to be desired to meet at Stratford Langton, the 18. instant Aprill, and so to come and present the same to both Houses, as the Petition and sense of the whole County : whereas it was never propounded to the County, nor ever heard of among them, before it came down ready in print, from London, to be published by their Ministers, in there severall parishes. With certain Observations and Cautions on the same, conducing to the information, and publick good of the whole Kingdome.

Psalme 37.12, 13. The wicked plotteth against the just, and gnasheth upon him with his teeth· The Lord shall laugh at him: for he seeth that his day is comming.

Published principally for the Meridian of the County of Essex, but may serve for all the Counties of England, 1647.

Estimated date of publication

4 April, 1647.

Thomason Tracts Catalog information

TT1, p. 503; E. 384. (11.)

LWV

T.94 [1647.04.04] (10.10) [Richard Overton], A new found Stratagem framed in the old Forge of Machivilisme (4 April, 1647).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

A new found STRATAGEM:

Framed in the old Forge of Machiavelisme, and put upon the Inhabitants of the County of Essex:

The which intended, Clandistine, dissembled, deceitfull Petition, (not more spetious then treacherous) is as followeth, viz.

To the right honourable, the Knights, Citizens and Burgesses, Assembled in Parliament

The humble Petition of the Inhabitants of the County of Essex.

Humbly sheweth,

THat in alexigencies having freely, & with the first engaged themselves to the uttermost hazard of their lives, and exhausted their estates, for the support of the Kingdome, in its native rights, and liberties, & by the blessing of God, the successes have been answerable in some degree to their desires, by which we sit in peace and your selves in security, with a full possession of the hearts of the people, and now scaring least by the miscarrying on, of the military charges beyond the necessity of the worke, and the ability of the people, now much weakned by a dearth, sharper then the late devouring sword; you should hazard the losse of your selves, and friends, not so much the alienation of their affections (which yet. Is not to be neglected) as their disablity to serve you which may arise from the Army now on foot, after six moneths cessation of all hostility here, and so bleedingly called, for to the saving of another Kingdome:

And also from so numerous a party in this County, shortly by their quarters like to equall all precedent charges, and to surmount the worst, and heaviest of our former taxes, especially by the manner of being imposed on us

Your Petitioners doe humbly offer to your prudence, the speedy disbanding of the Army, as a plenary expedient against the worst, that in generall may be feared by you and us, and there-movall of it from the County, by which you shall continue absolute Masters, and disposers of them, and theirs in all your pious and faithfull undertakings for the future; and that God will assist you for all your safeties, it shall be the dayly prayers of your Petitioners.

Certain Animadversions and Observations upon the said Petition.

O Foolish men of Essex! who hath be witched you? yee did run well, who hath hindred you? for indeed ye were with the first, and most forward, in assisting the Parliament, for the recovering and regaining our then lost Lawes and liberties and (to your everlasting same be it spoken) yee have (according to the narrative part of the Petition) both hazarded your lives, and exhausted your estates, in the common cause of the Kingdome; but yee are not alone. And will yee doe and suffer all these things in vain, if it be yet in vain? Will yee now foolishly (through the delusion of a treacherous party of corrupt members in both Houses, and covetuous ambitious Clergy, who seeke by &illegible; words, and false pretences to insnare, and inslave you, and to make themselves Lords over you) deprive your selves of all the blessed fruits which yee are likely, and may (by Gods blessing) suddenly reape and enjoy? if yee your selves doe not let, by being induced causlesty to Petition: or act, for the disbanding of that Army, by whom God hath given you such answerable successes as your selves mention, and caused you as yee confesse) to sit in peace, and the House in security, in which your free acknowledgment, I acknowledge you, farre more noble then the House themselves; for instead of giving God so much glory, or shewing themselves so much as &illegible; thankfull, by any such acknowledgement, they committed Major Tewledy the other day, only because he told Hollis Earle, and others in effect, the same thing.

And whereas it is said in the pretended Petition that the Parliament is in full possession of the hearts of all the people, how true this claw-back insinuation is, I appeale to your own hearts and aske, whether yee do not heare more clamours and complaints then ever heretofore, and doe not see more injustice, cruelty, and oppressions exercised and executed by the Parliament, then ever was by the King, and feel more abundant, and heavy pressures and impositions laid upon you, (even to your necessary food and raiment, and the fruit of your own laboures) then ever were in the worst of former times? so that the people, abhor them and all their actions, they are weary of their burdens; and how then can yee affirme that the Parliament is fully possessed of the peoples hearts, when as they are rather possessed of their hates?

As for that subtill suggestion of feare, in which is implied a specious pretence of a care to avoid a future inconuenience, viz. least by carrying on the Military charges beyond the necessity of the worke (as if there were now no need of the Army, and that if it was disbanded, yee should be troubled no more with such military taxes and charges) and the ability of the people, (as if Essex was so poore and eaten up, which hath been least troubled with quartering) now much weakned with a dearth (not more I hope then other Countries (sharper then the late devouring sword (God for bid, doe not bely God) you should hazard the losse of your selves and friends, and not so much the alination of their affections, as their disability to serve you &c. It is both groundlesse and senslesse for if this Army were now disbanded, the Parliament would still carry on the military charge, by raising them another in this Armies stead, and to that end they have both nominated certain officers which they intend to imply therein, and voted the raising of 60000 l. a moneth to maintain it and the forces in Ireland: So that the taking away this Army, will not take away the military charge from you, and the Parliament it seems would never the lesse hazard the losse of your good affections, and ability to serve them, and therefore yee may even spare that your great care for them, and it is very probable you may suddenly (if you doe not already) find that they have no such great care of you.

And where it is said that by quartering so us any of them, their quarters are like shortly to equall all precedent charges, & to surmount the worst and heaviest of your taxes, especially by the manner of their being imposed on you: Your Taxes sure have either been few, and very small in respect of others, or else the quartering of this Army which is (as I have heard) content with ordinary provisions, and will not abide I am confident longer then is convenient with you, and payeth quarters so often as it receiveth pay, cannot amount to such your incomparable prejudice, as those high and &illegible; expressions (of amounting and surmounting) doe sound forth, and import: and as for the manner of their being imposed on you, I doe beleeve it is neither forceably, nor disproportionably: but this particular his Excellency Sir Thomas Fairfax, their Generall (who was never yet taxed for any irregular quarterings) can more distinctly answer; and so I have done with the narative part of your pretended, or intended Petition.

Now whereas in the conclusion, or Petitionary part, &illegible; are humbly to offer the speedy disbanding of the Army, as a plenary expedient, against the worst that may in generall be feared by you and them, and to have it removed out of your County, that so the Parliament (as yee must say, but I hope doe not wish) may be absolute Masters and disposers of you and yours for the future &c. I would have you observe that here is a dainty gul, a notable peece of machiavilisme put upon you, not only to make you the instruments of removing those, who as they have redeemed your rights and liberties, are also ready and willing, and the principall meanes, as the things now stand, to defend and maintain your liberties, and to keep you and yours from sudden vasalage and slavery; but also in plain termes voluntarily to offer your selves slaves; as, that the Parliament shall be the absolute Masters and disposers of you and yours: I hope yee know better what belongs to your own inherent power and native rights, then to make your servants your Masters, or so to own them: &illegible; to let your Stewards, have absolute command over you, and all you have; who by the duty of their places are to give you an account of what they have done for you, and how they have disposed that they have already had of you: Thus much for the opening of the Petition: And now I will shew you the illegality, inequality, and ill consequences thereof, if yee be so &illegible; as to subscribe the same, and proceed therein.

1. For the illegallity: That which is to go under the name of a County or Corporation ought to be first publickly propounded to all the Inhabitants of that County or Corporation, that there may be a generall meeting, debate, & consultation about the matter intended, and to be concluded, by & among themselves: Otherwise it is clandestine, and surruptitious comprehending rather faction, then publick concurrence & therefore may justly be rejected: And such is this Petition, For it was never publickly propounded, nor debated, or consulted by the Inhabitants of the County of Essex, but was (as manifestly appears) secretly devised, and framed by a private party, of Lords and Commons, yea, and ready printed, before the matter was either made known or published among you; and then it was sent down to the Ministers to publish on the fourth of this instant moneth, with order to take your subscriptions in two &illegible; of paper, now is not here an obtrusion on your priviledges and immunities, and an illegall, unjust and indirect course used, both in the framing of this petition, and getting your subscriptions? (even just such meanes as Parliament men, &illegible; in the elections of new members) and therefore it is not to be accepted, but the contrivers ought rather to be found out and punished; and again it wants one qualification, which is especially &illegible; in all Petitions, and much more in such as &illegible; the publick, and are presented to the Parliament, that is necessity of the thing desired, but this is &illegible; &illegible; &illegible; a necessary petition for, if the Parliament intend his Army (as they say) for Ireland it is much more necessary to keep them in a body intire, then to disband them; for then they will disperse, and most will depart to their own homes, and never goe upon the service: and in case they doe nor intend or &illegible; &illegible; shall goe for Ireland, then it is as needfull to keep them together, for seeing that the Parliament doe conclude that there is yet a necessity of keeping up an Army still within this Kingdome, is it not better (I pray you) to have this Army which wel know, and of whose fidelity and Christian behaviour &illegible; have &illegible; such sufficient experiment &illegible; continued, &illegible; &illegible; &illegible; raised, of I know not whom and what? &illegible; &illegible; be of such as the generall part of the Earle of Essexes, or Massies Brigade, and others were; whose ill manners, besides other unseen all consequences yee wil unhappily find to be a &illegible; our &illegible; in comparison of the present Mole hill &illegible;

And now for the inequality of this Petitions &illegible; &illegible; mighty earnest desires to have this Army speedily disbanded, seems to complain greatly of their quartering but never moves or mentions one word that their arreares may be &illegible; them, or that from henceforth more constant &illegible; may be made them, that so they may for the &illegible; pay their &illegible; better. Have they deserved for all they have done (&illegible;) for you, and the whole Kingdome, no better reward, then to be disbanded and turned off with &illegible; &illegible; &illegible; so much as their &illegible; (&illegible; price of the &illegible;) &illegible; &illegible; yours? Is this equall? Are yet also unjust and &illegible; &illegible; your daily Thresher, your plow-man, and &illegible; &illegible; &illegible; their will be contented with the like dealing &illegible; &illegible; &illegible; yet, &illegible; them be, comforted. God is their &illegible; and their great reward.

As for the evill consequences of this Petition (or of the like) &illegible; yee should persist and proceed therein, and &illegible; it should (as it ought not to) be granted, they are &illegible; &illegible; more then I or you, or the most part of this blind Kingdome, &illegible; &illegible; &illegible; &illegible; see or &illegible; but I will only &illegible; at &illegible; &illegible; or two, and so commend all to the judgements of the world and your consideration.

By all appearances (and to me it is visible) that there is a strong endevour and designe by a company of false, traiterous, and deceitfull men; in both Houses of Parliament, and of proud, coveteous Priests, who have combined in one, for the accomplishment of their owne domination & power over us, suddenly to inthrall & inslave us; that so they may keep their abominable actions from being questioned, and themselves from deserved shame and justice, and there is no let for them in the way to it but this Army, the which they know right well will not be corrupted, but doth expect to have their Oathes and Declarations fulfilled, and therefore doe these ill men work by all means possibly to disband and dissolve it, and in particular by the contriving and sending you this Petition to own and subscribe, that they may take thereby a seeming just cause, as desired of the Country, to proceed in their distructive purpose, the which if they can bring to passe, then will they raise up an Army of wicked men, ready, and reserved for that end, which shall be a standing Army for their defence, in the execution of all their injustice and oppressions, and by the helpe of the inland Garrisons (whereof I am sure there is now no need) will they tyrannize (not like Lords and Kings, but worse then either great Turke, or grim Tarter) over us: and and where then I pray, is our Lawes and our liberties, for which this Army hath fought; and which they have redeemed for us with their sword, and for which we have paid so deare? And thus yee will have the last clause of the Petition fulfilled really, to your sorrow and woe; for yee shall not more be ruled by a known Law, as free men of England, but curbed and governed by the sword, as the Peasants be of France, and the inslaved Bores of Flanders who indeed (as your Petition is) are wholly and all they have at their lawlesse Masters dispose, Nay they will not tyrannize over your bodies only, but your soules also; for then you must put on the Presbyterian yoake; it is already so agreed between them and our dear Brethren of Scotland, and because they cannot otherwise set up amongst us that antichristian inslaving government, they will doe it by the sword, and so we shall have a Religion established, as Mahomet established his Alchoran, for if yee will not obey, yee must expect either smart, pecuniary punishment, or destroying, imprisonment: and yee may see the proud Priests footing even in this Petition: is it not commended unto them, and are not they to attempt you on a sudden, and to surprise your judgements by fained words and speeches? and I beleeve you see not their end in it, it is because they know that this Army is generally an enemy to their pride, and pompous Lordly livings, crying down their Diana, their Tyth monging and unlawfull calling, wheresoever they come, whereby their trade (for so they make their preaching only and alone to be) is in danger to be set at naught; and it is by their craft (as Demetrius said) that they get their wealth, and therefore would they stir up you, under the pretence that the quartering of the Army, is a burden to you, to Petition to have them disbanded, at least to have them removed.

But I hope Country-men yee are more wise, then to be acted by other mens councels, to father a child that is none of your own, that was formed, borne, and brought forth, before it came to your knowledge or fight: can any man tell better then your selves, where your shooe pincheth you, and what is most expedient for you to doe? Never render your selves so rediculous, as to be led like children and fooles by the nose; to be made stalking horses for other mens designes, whose interests are dissonant, and inconsistant with yours.

As for this poor Army, what evill hath it done, wherein hath it so highly offended? for which of all its good deeds is it so oppressed, despised, hated, and persecuted? Is it (when all others falsified) for proving faithfull, or for accomplishing your deliverance, beyond your own faith or expectation) in so short a time: pardon them these offences, another Nation would doe it, and hold them dear, their very enemies cannot but justifie them, and yet so great is their malice towards them, that because they petitioned the House but for their Artears, an act of indempnity to save them harmelesse, a more constant pay, that they might be able to pay their quarters, and some few other most just and reasonable things; they unjustly declared against them in print, as mutinous, and obstructers to the releife of Ireland, wheras (God knowes) there are many thousands spare Soldiers besides in this Kingdome, whom they might if they would) send thither.

And when their Officers, Lieutenent generall Hamond, Commissary Ireton, and others appeased to the House: and desired that these malicious suggestions might be proved, or the Authors punished, and the Army vindicated; they could not obtain so much as civill right, as the authors of these false aspertions which were Rosfiter and Harley) to be called forth; an act both base and shamefull but what is to be expected, where justice is fortified with impudence.

One word more to you sweet men of Essex. Whose poultery hath this Army destroyed? whose goods have they spoyled, or whose sheep or calves have they stolne, or whose persons have they confronted, terrified or abused in their Houses, or what markets have they hindred by robbing of passengers, and infesting the roades and high wayes, as too many others yee know who have been lesse provoked, have done? If none of this be done, what just cause then have yee, I say yee, more then all other Counties, where they have been, to complain or petition against them? I could tell you: that yee have every man sat at home under his Vine, and under his fig tree with full tables in peace and safety, when these poor soules have been in the field in the face of death, in frost, snow, rain, cold, heat, wet, and dirt, by day, by night, in hunger and thirst, to keep back from you, and to suppresse the fury of your bloodthirsty enemies: and can you, or any christian man think on this, and so ill reward this precious Army? In reason it is impossible, but experience proves the contrary, so full of bitternesse, rage and malice, hath the Devill filled the hearts of some men against them; but of you I have better hopes, presuming that yee will not be so easily removed from your own steadfastnesse, nor be perswaded through the deluding subtilty of any, to act in the least against those, who have indured so many difficulties, passed so many perrils, obtained so many victories, and never accounted their own lives deare unto them for your sakes. Whatsoever others may doe, either, through ignorance or malice, yet let it not be said, that the County of Essex (a County that hath alwaies been esteemed prudent and religious) did shew it selfe ingratfull or despightfull to the preservers both of their religion and lives.

Truly in my thoughts this Army can never be enough requited, for doe wee not at this day, (next under God) by them enjoy all wee have? Have not they subdued our enemies, and removed our feares, and caused us to dwell in safety? And are not they a contented, patient, well governed people, can you say that God is not amongst them? then certainly they that hate and despite them are of the Devill.

For my part (Country-men and all others whom it may concern) I hold nothing more expedient for you, and me, and all true English men (seeing the publick adversary is subdued, and our Parliament so averse, and indisposed to do us justice and establish our liberties) then to petition forthwith effectually, to have justice speedily, and impartially executed, and our Lawes and liberties established, and a just account rendered of all the monies they have received: and without question when these just things are done, the Army will of its own accord cease and lay down. I account this that unum Necessarium, that one necessary thing, which is now principally to be minded in the Kingdome, & not to petition about quarterings, and removings, and preachings, and places, and any thing indeed, rather then this very, only thing, without which all other our outward enjoyments are nothing, was but one thing done (Law, and liberty established) the wheels of our State would goe easily, commands would be pleasant, discontents would be removed, injustice, oppression and Treason would be banished, and supplanting dividing spirits would be utterly disappointed. In the meane time till this be done, it is the best and only way for the Countries and free commoners of England, to preserve this Army in power and being, and to petition that it may still stand and be continued, and that others (rather then it) may be sent into Ireland, that so in case these just demands be denied, contrary to duty, Oath and Covenant, the poore Commons may have a shelter and defence to secure them from oppression and violence, and his Excellency and every Soldier under him by the duty of his place, and vertue of the Protestation, is bound thereunto. Who knoweth whether wee may not yet have as great need of this Army, as we have ever had? For it is evident and all men may see, that our native rights and liberties are now in more hazard, then they were at the first, and that we are more in jeoperdy, of them by a close trayterous party (our pretended friends) then wee were by our publick professed foes. And our greatest, and most dangerous enemies, are now they of our own House.

Sweet friends, I am a meer stranger to you, but one that am a true lover of my Country, and therefore thought good, as a Member of the same body politicke with you, to give you a few animadversions, with some cautions, and observations; concerning the subtill and deceitfull, dissembled practises, wherewith your homebred adversaries, goe about to make you instruments of your own misery and mischief. And lastly, mark this I beseech you and consider it seriously.

Why cannot the Parliament as well send over those Officers and Soldiers they have intended for a new Army here, to serve in Ireland, as these of this Army? Can they give the Kingdome a satisfying reason? It is more then I and many more can apprehend, if they can: But if herely not a deep mistery, no better then close treacherie. I am grosly mistaken. Let none therefore so farre delude you, as to draw you to petition for the disbanding of this Army, no, both for your honour and security, discountenance and disclaime it and all such practises and conspiracies against it, for such deeds will favour more of ignorance, malice and invie then of any prudence, justnesse, or necessity, and whereas in the close of the Petition, it is said that the disbanding of this Army is a plenary expedient against the worst in generall that may be feared, let them by no meanes under pretence of benefit, ease, or advantage, deceive you, for it is apparent, and will yet be made more manifest that the disbanding, or otherwise dissolving of this Army, is the only plenary expedient to render us Vassals and slaves, to the will of our enemies, and to bring upon us the worst of miseries, and that suddenly and insensibly, for alasse we are at the pit brinke, and see not.

FINIS.

 

 


10.11. John Lilburne, The Juglers discovered (28 September, 1647)

Bibliographical Information

Full title

John Lilburne, The Juglers discovered, In two Letters writ by Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, the 28. September, 1647. to his Excellency Sir Thomas Fairfax, Captaine Generall of all the forces in England and Wales, discovering the turn-coat, Machiavell practises, and under-hand dealings of Lievt. Gen. Cromwell, and his soone in law, Commissary Generall Ireton, and the rest of their Hocus Pocus faction in his Excellencies Counsell of Warre, the first of which Letters thus followeth. Unto which is annexed some advice to the private Soldiers.

Estimated date of publication

28 September, 1647.

Thomason Tracts Catalog information

TT1, p. 561; E. 409. (22.)

LWV

T.110 [1647.09.28] (10.11) John Lilburne, The Juglers discovered (28 September, 1647).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Honoured Sir,

I Have yesterday seen a paper comming from yourselfe, and your &illegible; of Warre, wherein there is mention mode of my selfe, & and though it doe not reach what I stand in need of, yet can I not but judge my selfe very much obleiged unto your honour, and the rather because the first motion made unto you by my true friends the Adjutators, found such a noble and respective acceptation at your hands, (as my intilligence gives me to understand it did) though it received obstructions from others,* from whom I might have challenged more interest then from your selfe. I beseech your Excellency give me leave to state my case unto you, which is thus, upon the 10. &illegible; 1646. I was by warrant from the House of Peers, brought to their barre, to answer such things, as I stood charged with before their Lordships, concerning a Pamphlet &illegible; The just mans justification, or a letter by way of plea in bar, and hereof he shall not faile, as he will answer the contrary at his perrill.* And being there, I was by their Speaker, the Earle of Manchester, pressed at their bar (inquisition like, against all law, and justice) to answer to Interrogatories against my selfe, without having any visible accuser or any accusation at all laid unto my charge, which I pleaded at their bar, was against the very fundamentall lawes of the land, and so declared by themselves, the 13. of February, 1645. in my own case, against the Star-Chamber, but being eagerly pressed to answer their interrogatories, I was driven to my last refuge, to protest against their assuming a jurisdiction over me in a criminall case, bring a Commoner, for which and nothing else; I was most illegally the 11. Iune, 1646. committed by them to Newgate, as your excellency may read in the 7. pag. of my book, called the free &illegible; &illegible; &illegible; &illegible; now with the rest of my bookes in the hands of Mr. &illegible; and the 16, of &illegible; 1646. I sent my Appeale (appealing from their jurisdiction) to the House of &illegible; which Appeal you may read ibim. pag. 9, 10, 11. which said appeale the House of &illegible; received &illegible; and approved of, and committed it and my cause to a Committee &illegible; Col. &illegible; had the &illegible; who twice examined the &illegible; but I could never get &illegible; &illegible; &illegible; &illegible; report unto the House &illegible; day, upon whose delay the Lords took courage and the 22 Iune 1646 sent for me up to their barr, where they &illegible; me to kneele, which I absolutely refused, and stood stifly to my said appeale, upon which they committed me close prisoner to Newgate, and also ordered that I should not be permited Pen, Ink, or Paper, or any to speak with me, &illegible; to have acces to me in any kind, which order you may read in halfe a sheete of paper called the Just man in Bonds, now also in Mr. Saxbyes hands, which said order was so barbarously executed vpon me, by Ralph Bristo the Clarke of Newgate, that my wife was not permitted to come into the prison yard to speak with me out of my window, neither was shee, my, servant, nor any of my friends &illegible; to deliver into my hands, either meat, drink, money, or any other necessaries, till the 11 of July 1646. upon which day by a Warrant I was brought to the Lords Barr againe,* of purpose to be supprised, they having had as I was informed, 3 or 4 Lawyers constantly at worke all the time I was close, secretly to draw up a charge against me,* and being at their barr I refused againe to kneel or to doe any action that might declare a subjection &illegible; their jurisdiction, telling &illegible; I was resolved to spend the last drop of my heart blood in iustification of my Appeale to the House of Commons* whereupon they then and there for so doing, sentenced me in two severall sentences, to pay to the King 4000. l. to be imprisonned in the (extraordinary chargeable prison of the) Tower of London, fol 7. yeares, without, according to the custome of the place allowing me subsistance, and that I be for ever uncapable to beare any office or place, in military or in civill government, in Church or Common wealth, at more at large in the sentence it selfe, printed in Vox Plebis, pag. 31, 32 33. 34. you may please to read. And being by warrant that day sent to the Tower, where in my judgement I was very hardly used in many particulars, but especially in being compulsively & strictly devorced from my wife, (that meet helpe that the wise and mercifull God had provided for me, to beare part of my afflictions) tell the 18. of September, 1646. about which time both shee and my selfe petitioned againe to the House of Commons, which you may be pleased to read in the last end of my book called Londons liberty in Chains, with which Petitions shee with some scores of Gentlewomen her friend: and mine, followed the House day by day, with the importunate widowes crys for justice, to men abundantly more unjust then her untightous judge, that upon no importunitie for these six yeares together, will doe me one dram of effective justice, though I dare boldly say I have spent one way and another, in following them, above a thousand pound. But with her importunitie, the same Committee with some additions as I remember, was appointed by the house folly to here and report my businesse, and after the greatest part of twenty dayes waiting, I got the Committee fully to heare me, upon the 6. November 1647. at which time, &illegible; Gen. Cromwell, Col. Fleetword, and &illegible; Harrison now with you were present, and so fully heard and know the whole state of my businesse that if their memory had not been very forgetfull, I should have thought they should have been able fully to have directed the Councell of Warre, to have desired something of the House of Commons, that might really have been good for me, viz. without delay to have adiudged my cause and appeale, either to my iustification, or to a demnation, which is the chiefest thing is the first place I desire, and which may easily be done in one houre.

Vpon the hearing fully of all businesse, so that in 7. yeares time I know not what more effectually to say then then I did, I was commanded by that Committee, by the 9. of Novemb, 1646. to bring in writing what by word of mouth I had said to them, which I accordingly did, and since printed it, and intituled it an Annotamy of the Lords &illegible; And have since that time with all my might, by all the wayes and meanes. I had in the world, indeavoured with Mr. Martin to make my report to the house, as you may fully understand, by reading the first part of my epistle to him, dated the 31. of May last, (which in print I lately sent unto your Excellency) and in this inclosed epistle sent unto him yesterday,* but what should be the reason why he will not doe it, I cannot tell, unlesse it be that he is conjoyned in interest with the Lords, to buy, sell or betray the liberties of all the Commons of England, who ate all and everie of them concerned in the Lords arbitrary and tyrannicall dealing with me, for what is my case to day, may be their case to morrow, and seeing by intreaties and faire words, I could doe nothing with him,* I underhand in City and Country applyed my selfe vigorusly to my friends and fellow Commons, strongly to petition to the House of Commons, to adjudge my cause, and either to justifie me or condemne me, for favour or mercy I craved none from them but only law and justice, some of whose petitions, by the interest of a company of tyrannicall, treacherous Villains there, &illegible; and Stapleton, &c. war slighted and would not be received, and others they burnt by the hands of the Common Hang-man, and for ever to terrifie the Commons of England againe to petition for justice or their liberty, they most illegally and &illegible; caused severall of the Petitioners to be imprisonned, for which action alone, by the principles of justice and reason, they deserve in my judgement to be hanged. And when I see that all my importunity and all the faire meanes I could use, would doe me no goods and knowing that it was as bad as murther in me, to leave any meanes whatsoever unattempted for my own preservation, being by my tyrannicall imprisonment likely to be murthered and destroyed, without and against all law, and justice, and being in my own soule confidently perswaded, that if I sate still I must perish, I made a vigorus and strong attempt upon the private Soldiery of your Army, and with abundance of study and paines, and the expence of some scores of pounds, I brought my just, honest, and lawfull intentions, by my agents, instruments, and interest to a good ripenesse, not daring to &illegible; with the Officers, having had so large experience of the selfeishnesse, and timerousness of the chiefest of them, sitting in the House of Commons, who I had sufficiently tryed, to see what mettle they were made of, and found them quivering spirited, overwise, prudentiall men, not any one of them that I could heare of at any time daring to carrie a high, though just Petition into the House, to deliver it, and speake unto it, so that at present they were to me &illegible; reprobate silver, and therefore knowing by the morrall law, that murther was &illegible; in the sight of God, especially selfe murther, I durst not but doe the uttermost that &illegible; to preserve my selfe, which in my understanding could by no other meanes in the &illegible; be effected, but by men that had swords in their hands, and resolution in their spirits, which &illegible; &illegible; had been done &illegible; now to the purpose, if I had imbraced their earnest desire to &illegible; &illegible; prison and goe to them, which for divers weighty reasons I could not, and truly Sir give me leave to tell you without feare or dread, had I come, and could have got so many to have followed me, as would &illegible; inabled me with my sword in my hand, to have done justice and execution upon those grand treacherous fellows, and tyrants at Westminster, that have not only tyrannised over me, but the whole kingdome, I should have made no more scruple of conscience with my own hands to have destroyed them, (who have destroyed all law and justice, equity and conscience, and destroy us by their arbitrary and tyrannicall wills) then to have destroyed so many Weasels and Poule. Cars; but I hoped the great worke of the kingdome would speedily be done, by more abler and wiser instruments then I judged my selfe to be, but when I see and heard of divers great ones in your Army to coole the businesse on foot, I sent my wife then big with child, and severall other Agents down to St. Albont, to revive my exnest desire, with those I had an interest in, for the obtaining of my just ends, iustice, and my iust liberty, never in my life time coveting or desiring the interest and power of your Army to be a cloake or covering for any of my misdoings; making alwayes so far as I knew, the law of the land the square of my actions, in reference to civill things amongst men, having alwayes this rule of true reason and justice before me, to doe to every man, as I would have all men doe to me, but understanding from time to time of plotted and contrived tricks put upon me &c, by some faire outsides under your* command, (although I never heard any thing of your gallant, just and magnanimous selfe, either in reference to me or the publique, but what deserves my choisest thankes and praises, and the rather for that I am as it were a meere stranger to you) which now to you, J iudge it altogether inconvenient to take the boldnesse to complaine of, but hearing from time to time, I was not forgot amongst those, that have no more ends then I have, viz. iustice, and the universall good and benefit of all iust interests in England I waited with as much patience as my unsimpothized with condition would inable me to doe, for the good houre of my lust and long expected liberty, iustice and reparation, procured for me, by the meanes of your selfe, and those men of honour and justice with you.

But most Noble, and most Honoured Gen. give me leave without your displeasure, truly to tell you, that though I must (as you justly and truly deserve from me) returne you extraordinary hearty thankes, for your chearefull willingnesse to give countenance to anything that may justly be undertaken, (in my doulfull and sad condition) to procure for me iustice, and my just freedom; yet I am apt to think there is intentively some tricks put upon me, by some of the contrivers* of that paper to the House of Commons, Dated at Reading Iuly 19. 1647. sent by your Excellency and your Councell of Warr, for most Noble Sir, the thing that will doe me good is vigorrously to presse the House of Commons, to command Mr. Martin to make my report unto their House, and then to adjudge my cause, for either the House of Lords have by law a Jurisdiction over me, and all the Commans of England? in crimminall cases, or they have not, and in my protesting against the Lords juridiction, in crimminall cases, and appealing to the House of Commons, as my leagall & proper judges I have either done evill., & illegally, or else justly and legally, if I have done evilly and illegally I crave no favour at their hands, but desire them to condemne me, that so I may know what to trust to, that so I may vse some meanes to the King &c. for to the House of (Lords I will dever in this apply my selfe.) For the takeing of my 4000l. Fine, and restoring me to my liberty and freedome, and not be forced all my dayes to live in prison, and in the conclusion be forced to starve for want of bread, or else to eat my wife and children,

But if in my protesting against the Lords jurisdiction in crimminall cases, and appealing to the House of Commons as my proper and legall Iudges, I have done well and legally, why doe the house of Commons suffer me to be kept in prison, and not &illegible; my cause, and deliver me with iust reparation, and a iust punishment upon the causers of my causelesse torments and sufferings, and this alone is the thing most noble Generall, I want and stand in need of, which only will doe me good, and which in it selfe is such a rationall and equitable peece of justice, as by no iust man can be denyed.

For &illegible; &illegible; noble Generall, what will liberty in England, without iudging my cause (and Appeale) doe me good, am I not subiect every houre in the Kings name and behalfe? though it may be against his previty, will or mind, to have my body cast into prison, for the 4000. l. which by that uniust fine Ian law owe him? or if my body by absence cannot be seized upon, is not that little that I have liable by the law every houre to be seized upon? yea, and the very beds that my distressed, helpelesse, and &illegible; wife and children lye upon, subiect to be taken from under them, yea, and stript of their very wearing clothes. They were, And truly Sir, so large experience have I of the mercilesse and cruel tempor of my adversaries, that I will not trust in the least, to the mercie of the mercilesse Lords at Westminster, or their cruell and mercilesse confederates, in the House of Commons, Assembly, or Common Counsell of London, any of whom I am sure, would willingly, Vote, Petition, or Remonstrate me to death.

And againe Sir, should I put in baile as your paper desires, I should run my selfe into such a snare, as I should never get out of again while I live, but thereby should like a foolish fellow, undoe all that in the heat of the fire I have been doing almost this 14. moneths, viz. preserving and defending the liberty of all the Commons of England, against the tyrannicall invasions of the House of Lords: For whose prisoner am I? surely the House of Lords, and no others, (unlesse it be negligent Henry Martins) and to whom must I put in security? surely to no other then the Lords. And undoubtedly I should both in reason and law, by so doing iustifie the illegallitie and uniustnesse of their sentence past against me, and not only so, but also iustifie their iurisdiction and power over all the Commons of England in criminall cases, which were an act, that would not only as much as in me lyes, destroy the best and fundamentallen Lawes of England, (viz. Magna Charta, and the most excellent Petition of Right, &c.) But also destroy and overthrow the rationall, naturall, nationall, and legall liberties of myselfe and all the Commons of England, which would be an act in my iudgement, not only of the greatest businesse in the world, but also of the greatest treason that I could commit against the land of my nativitie and my own being, of which wickednesse J would not iustly be esteemed guilty for all the gold in the world.

Now most noble and heroicall Generall, if it should be obiected against me, that the House of Commons, are full of the great and weighty affaires of the Kingdome, and therefore want time to debate and a diudge my particular businesse, to which I answer and say, I am confident they have not a businesse of greater weight and consequence before them, then mine in the latitude of it is, for it is concerning the escentiall and fundamentall liberties of themselves, of me, and of all and every individuall Commoner of England, and I wonder what greater businesse they can spend their time about, then a businesse of so grand and universall concernment, without the settlement of which, it is easily to be evinced, that all that you have done with your swords, and they with their tongues is to no more purpose them to blow in the aire, for &illegible; of rights, was the true cause of all the present warres, and their so visible invading of the iust and legall rights, and freedomes of all the Commons of England, is not the way in the least to pacifie and still them, but to foment and newly increase them, and make them a fresh slame out againe* with strong violence which if it doe, I hope it will be to their fatall and finall destruction: which I with all my might and strength with as much earnestnesse as Sawpson prosecuted the Philistems, should helpe forward, though I should thereby pull the roose of the house about my &illegible; as he &illegible;

And truly Sir I cannot thinke that the House of Commons are so mindful of the good of the kingdome, that the providing therefore, so straightens them, that they have no time to heare my report, and adiudge my cause. Sure I am since my report was ready, they have sound time enough to vote and devide among themselves like wicked stewards, hundreds of thousand, of pounds of their masters the Common wealths money, and I am sure they can find time enough to vote all the Commons of England slaves, by voting their honest and iust Petitions, to be burnt by the hands of the Common Hangman, yea and to vote and declare them Rebells and &illegible; to the kingdome, (which principally is themselves) for endeavouring by petition to make known their grievances to them their servants, whom they chuse and trusted to provide for their weal hut not in the least for their woe, 1. part book Decl. p. 150, And besides they can find time to violate the lawes and iustice of the kingdome, by voting the 11. Members particularly impeached of no lesse then high treason, by accusers ready to prosecute and make good at their perrils their charge and impeachment, to have liberty without securitie to travell where they please for six moneths, and yet can find no time in 13. moneths to deliver me from the tyranny of the Lords, who originally laid no crime nor legall charge to my charge, nor never in the least produced any accuser or witnesse against me, but meerly imprisoned me because I would not be a slave to their tyrannicall wills and unbounded lusts, which is the hight of iniustice.* Besides Sir, if I had doe evill, add lying in prison after so many Gaole &illegible; and, being so strongly committed by those, that I am confident never a Iudge in Westminster Hall, dare grant me a Habias Corpus against; there being no visible and formall power in England but the House of Commons, to save me from Arbitrary destruction, they ought by law, though never in my selfe so guilty of violation of the law, being the Lords have let so many Gaole deliveries passe, and hath never called me &illegible; to &illegible; me by law, nor yet to this day hath laid no legall crime to my charge, for by the law of England (which they have often sworne to maintaine) there ought to be Gaole deliveries held 3. times a yeare, or oftner if need require, either for the condemning or acquitting all prisoners whatsoever, 5 Ed. 3. 2. 4. part Sir Edward Cookes institutes folio. 168, 169. See the oppressed mans oppressions declared. pag. 3. And &illegible; cryes out of the Whales belly pag. 10. See also the beginning of Vox Plebis.

And Sir, give me leave to tell you, I am as free a man, and have as good a right to the benefit of all the lawes in England as any Member of the House of Commons what ever he be, (as they confesse in their own Declarations, cited by me, in the &illegible; of Oppressed Commons, far all their vapring with their big &illegible; blarberly priviledges, they having none at all in reference to the Commons of England. But freedome from arrest, and that but for a short time, and &illegible; &illegible; &illegible; &illegible; much lesse forever, being as lyable to the law as any other man, either for the breach of the peace, Fellony or Treason, as Sir Edward Cooke their own learned oracle declares in the 4 part, of his institutes, chap. high Court of Parliament, fol. 25. And I find by his discourse there, that they have no priviledges by law in reference to the King, but freedome of speech and debate, and that he so all not take notice of any thing done and debated among themselves, tell they themselves in a Parliamentary way transmit the cognisance of it to him. And if this be true as that learned Lawyee, &c. declares it it, then I humbly desire the pressing of this argument unto the house without any more &illegible; at least at present to deliver me, because I have laine so long in prison without any legall &illegible; at all, or legall tryall, or so much as without any prosecuter or informer against me &illegible; all, which is against all law and instice in the highest degree whatsoever, for the words of their own late Vote in the behalfe of the eleaven impeached Members is.

That by the law of the Land, no Iudgement can be given to suspend (and therefore much lesse to imprison) those members from sitting in the House, upon the papers presented by the Army, before particulars produced and proofs made, & if this be true, then I am sure they are most unjust in not delivering me, who orriginally never had any charge at all against me, nor never see prosecuter nor witnesse examined against me, to this very day; O hight of injustice, and partiallity? thus to vote, and thus contrary to that vote, to deale with me, who am equally free and intaled to the Law of the Land as any of their Members.

But yet most Noble sir, give me leave to aver unto you that I am not only illegally imprisoned, but that their vote in favour of their impeached members is most illegall in it selfe, and against the law, and the practises of the law in England, or else they themselves violated it in the highestd degree with the Earle of Straford, who upon a generall charge of high treason, without mentioning particulars, further then for endeavouring to subvert the Fundamentall Lawes, without nameing any witnesses or prosecutors, unlesse it was their own Clarke, and yet required at the nick of time, not only to sequester him, from the House of Lords, but also to secure his body in prison, which was accordingly done at the very instant, and then, and not before examined witnesses against him, and out of their examinations, drew particular articles, to make good their generall Charge, and I have from good hands been told, Mr Hallis under &illegible; was out of his chiefe prosecutors, and sat up many a late night to heat his braines to destroy him, and therefore just, or not just, it is but just, that he himselfe should &illegible; of his own law, which he &c. is so fact from doing, that he it yet at liberty, and voted by the House to have leave for 6 monthes to goe whether he pleaseth, the which if the Army with patience suffer, I am sure their credit is lost forever,* and all men will conclude they can prove nothing against them. Sir I have stated my case to you, and must crave pardon for my teadiousnesse, leaving all to your judicious and wise consideration, to doe in it as God, justice, humanity, and conscience shall direct you; craving nothing from your power to justifie or protect me in any evill, or wickednesse; but only that I may have justice and faire play above board, and upon them &illegible; I bid defiance to all the adversaries I have in England; to doe the worst they can to me, only I humbly and earnestly supplycate you, that what you shall resolve to doe for me, you doe it speedily and vigorously, for perrish I can not, nor will not if I can help it, and if nothing will serve the 2 Houses but my causlesse destruction, I am nesscesicated like a plaine dealer, that teares no cullers, to protest unto your Excellency that if speedily they will not doe me justice I will appeale to all the Commons of England, and the private Soldiers of your Army,* and doe the best I can to set them about their cares, to cut their tyrannicall throats, though I perish with them; so committing your Renowned Excellency, to the faithfull protection, care and direction of your wise and powerfull God, desireing of him for you, that your heart may be kept upright, and sinscere before him, tell the Glorious and joyfull appearing of our Capt. Gen. the Lord Iesus Christ, and so I humbly take my leave and subscribe my selfe

From my watch Tower, in
the Tower of London, this
22. Iuly, 1647.

Sir, Your Excellencies cordiall, obleiged and
faithfull servant for the common good of bit Country,
ready to spend his heart blood with you.

Iohn Lilburne.

The second Letter thus followeth. For his Excellency, Sir Thomas Fairfax, this at Kingstone present with speed.

NOble and right worthy Gen. vouchsafe unto me I beseech you leave, to present unto your Excellency, the gratefull acknowledgement of my heart for your Excellencies senceablenesse of my afflictions, and your readines and willingnesse to improve your interest to abaite them, and particularly for your late Noble favour which I was made partaker of, by the hands of your Secretary; and give me leave humbly to acquaint your Excellency, that by my wife who hath bin all the by past weeks at Kingson, to see what she could do for my liberty, I received a message by her coming from some of no small influence and* parts that I should petition to the Lords for my liberty as the only way to procure it, which advice is as acceptable to me as to desire me with my own hands to cut my own throt, and little should I have expected to have received any such pernitious distructive advice (to justice and true freedome) from the mouthes of any in your Army, that hath eminently pretended to be patrons of true, and impartially justice, and the Commons true legall and well knowne privelidges; & therfore fearing that by the destructive advice, or incinuating interest of some about you that pretendedly would serve me, you should be put upon some addresses to the Lords for me, the thoughts of which I can not but in iustice and honesty abhor and detest, and had rather desire to rot here then not with all my interest as farre as I am able to hinder such a thing, for to the barr of the great interest of the Commons of England I have appealed in the iustifiing and presenting of which appeal I will live and die; stand or fall I desir-nothing but either legall iustification or condemnation and therre are most Noble Gen. if there be no other meanes within you power to ease me of my sorrowes and to obtaine iustice, for me and all the Commons of England concerned in me, but by applycation to the Lords, I most humbly and most earnestly beseech and intreat your Honour to disist and throw my businesse behind your back, and for ever to bury it in the grove of forgitfulnesse, and truly I cannot but apprehend that this advice flows from the same mirest, that over ruled the rational & just disenter: at that councell of Warr, that sent up their desires to the Parliament the other day, that I might put in hail for my liberty, the snares of which desires I took the boldnesse largely to evince in my letter of the 22 July 1647. to your Honour.

And Noble sir, though it should or might be said to use that the Lords are growne very gallant, and for now in honesty out strip the present House of Commons, & therfore sit for me to comply with and addresse unto; yet give me leave to tell your Excellency, I walk not, &illegible; act not from accidents, but from principals, and being throughly perswaded in my own &illegible; they are iust, righteous, and honest, I will by Gods goodnesse never depart from them though I &illegible; in maintaining them; and not only the principals of reason, but the known and iust law of England, and the experience of all ager tels me, that the usurpations of illegall prerogative Lords, over honest and free Commons: is not only distructive to true justice and right reason (the fountaine of all iust lawes) but also to all true and iust freedome, and therefore I both must and will run the hazard of spending my heart blood, to root up and destroy their illegall and uniust usurpations, being now so deeply ingaged, and can never willingly without being a Trayter to my self and Country, consent in this to close, with them, knowing very well, that it is an easie thing for a scholmasters to make a rumerous boy for the saving of himselfe, to say and doe what he pleaseth, when he hath taken him in a notorious crime, and hath got his breeches downe, with a good rod in his hand, to whip him soundly, and yet as soone as that present feare is over, to be as ready as ever, to run into the same transgression, and truly most Noble Sir, give me leave to think, that if the present House of Lords were truly and in good serious earnest, resolved to repent of their evils, and amend their wayes by doing unbiased justice and right, they would of themselves without any addressing unto, have forthwith done justice and right to me, and other afflicted one whom they have by unmerciful imprisonments contrary to all equity, reason, law, and justice, yet and I dare boldly say it, against the light of their own consciences; And truly Sir, give me leave to assure your Honour from the mouthes of some of themselves, to some of my true friends. I might at the first Contest with them have had my liberty, &c. from them, if I would in any way of my own framing, have made but any addresses to them. And truly Sir give me leave in the sincerity and uprightnesse of my heart before the presence of God to tell you, it is meerly a principle of conscience within me, to justice and honesty, and not any wilfull stubbornnesse, or base selfe ends of my owne, that makes me I cannot, ingeneously professing unto your honour, I received more iustice and courtesie in three moneths from the House of Lords, then I have done almost in seavon yeares from the House of Commons. And I doe protest before the Almighty, (and I appeale unto the Lord Wharton to beare* me witnesse) that I did the utmost that in me laid by way of gratitude and thankefulnesse unto them to hinder a contest with them, but the revenging mallice of the Earle of &illegible; (who I am apt to think had long since lost his head, for his base and palpable treacherie, and transcendent wickednesse, if Lievtenant Generall Cromwell had effectually discharged his duty to the whole kingdome as he ought to have done) at me, for ingaging with Lievtenant Generall Cromwell, in his just cause against him, would be satisfied with no reason, but the crushing me to peices, by whose meanes principally, with Col. Edward King, one of his treacherous wicked confederates, I suffer all that I doe at this day,* and I dare confidently affirme it, that if I could have addressed to them since my Appeale to the House of Commons, I might have had solid grounds, not only to have had my liberty: and my fine of 4000. l. taken of, but also some thousands of pounds by their meanes in my purse, which now in my thoughts is a very great hazzard whether ever I shall injoy or no.

Therefore to conclude all. I shall humbly state a case unto your Excellency, and leave the application of it to your selfe, which in this. An honest and a true man is following his lawfull occasions, and there meets with him a company of bloody Murtherers, Theeves and Robber, who being stronger then he, set upon him, and attempt the taking away his purse and life, and while he is strugling with them, by comes a company of honest and true men, stronger then the Rogues and Theeves, unto whom the honest, almost destroyed man addresseth himself, and acquaints them truly & fully with his present case, and pittifully cryes out to them for helpe, but they though they seeme to pittie him in words, passe by him and one not effectually rescue him, by meanes of which he is not only rob’d, but also slaine and destroyed. Now the question is, whether by the law of humanity, nature and reason, the aforesaid honest passengers were not ryed in duty and conscience without any more dispute, to have at least rescued the honest oppressed man, and have set him free? (or at least to have secured him and them to the next just Magistrate) and endeavoured the obtaining of iustice for him, upon those that would have destroyed him. And then the second question is, whether or no that in the case before mentioned, they suffer him (being easily able to rescue him) to be robd and murthered? whether in the sight of God and all iust men, they be not cleerly accessaries of the robberie and murther? and as guilty of it as those that committed it. So craving pardon for my boldnesse and rediousnesse, I commit you as my owne soule to the carefull and powerfull protection of the Lord It havab, desiring of him for you, to mainetaine and uphold you, in your integrity and true plain uprightnesse, that you may shine and be truly glorious in the eyes of our Lord and master, and all iust men, I humbly take my leave and rest.

From my causelesse and uniust
inthralment, in the Tower of
London, this 21. of August,
1647.

Sir, your most devoted faithfull
servant, that without feare or
flattery highly honours you.

John Lilburne.

Advice to the Private Soldiers.

SIRS,

MY best advice at your earnest desire, unto you and all the privat Soldiers of your Army is: to the death to contest for the preservation and performing of your Solomn ingagement, made and subscribed at New Market the 5. th. July 1647. especially in the first branch thereof: and not to suffer any thing to be acted or done in the Army, to the violation thereof, but forthwith vigorously to demand justice upon every person, though never so great, that you can prove hath or doth attempt the infringment of it, and to set a brand of infamy upon him as a deceiver, and a man not fit to be intrusted, and also immediately to require an account of your respective Adjutators, what they have been doing all this while: and suffer not one sort of man too long to remaine adjetators, least they to corrupted by bribes of offices, or places of preferment, for standing waters though never so pure at first, in time &illegible; and also instantly presse your Adjutators to move vigorously for the imediate and totall purgeing of the House of all those that far in Mr. Pellums factious traiterous &illegible; who are so declared already by your Army? by whose illeagall pretended and unbinding votes, a new Warr was defact &illegible; raised and leavied in the Kingdome, to the visible hazard of the ruine and utter destruction there: and if you doe not this effectually, but for the factious Lordly ends of some great ones (as L. G. Crumwell, Commisary Gen. Ireton) suffer that factious illeagall Combination and assembly of men, to run away with the name and power of a true House of Commons, then it will evidently follow, that your Generall and your whole Army, and all those members of the House that came to you, and adheared to you, are all Parliament Rebels and traytors, inforceably opposing them, and marching up against them in all Warrlick manner, as you have done, and by your Remonstrances, declarations, and proposals, declaring that whole assembly of Mr. Pellumes Juncto* blades to be &illegible; of a Parliament power, Traytor and enmies to their Country, and the trust reposed in them, ands fit to beseverely punished, and not fit to be continued any longer an Iudges in the Kingdome, or their own causes; and their sitting still in the House will reader all the orders and ordinances made while they there sit to be questionable, as unvailed and unbinding, being made by the cocurrant votes of so many as you your selves, & al those members that concurd with you, (but espescially the present House of Lords) have so visibly and publiquely declared Traytors to the whole Kingdome, and therefore are not fit to be law makers, nor Iudges in their own causes, and the greatest and weightiest things of the Kingdome, and besides how can you, or any that have adheared to you (in iustice) presse for the punishing of any in London, that was active in leaving War against you the Kingdoms & Parliaments Army, as you call your selves, in your notable and large Remonstrance of the 18 August 1647. seeing what they did, was in obedience to Parliament authority, if you suffer the most, or any of Mr. Pellums Iuncto Blades, to set in the House, and so to goe scot free without punnishment, for to let the principals, (the Parliament men) goe free without punnishment, and to punnish the accessaries, the Citizens) for putting in execution their orders and ordinances; is the greatest injustice that can be acted in the world, and besides, if that any of the Juncto Blades that sat in the House, when the votes passed, for leavying a new warr on the Kingdome, fit still in the House and so goe on unpunnished: & the active zealous Presbyter Citizens that did obey, & execute their Ordinances, shall any way be punnished, therefore what will this else, but be a iust ground to all rationall men to combine together, and resolve in future time, never to obey any more orders. Ordinances of Parliament: least they be by the Parliament soundly punished therefore:* and grant that Iuncto to be a House of Commons in any sence, and all the late active zealous Citizens against you are acquited thereby from all their Junquits and made iust persons, and your selves the Traytors and transgressors, and it may be, before you be a yeare older, yet may get your recompence by loosing your lives at Tiburne, or else wheare, as you will iustly diserve it. In this particular you play the Iuglers, or suffer your selves to be foold, and doe not effectually see fulfilled, your own forementioned Declarations.

Therefore say I, immediately presse vigorusly for the totall purging the House of all that sate with Mr. Pillam, that so there may be way made for the exemplary punishing of the Lord Maior of London, and all the chief ring-leaders, actors in the late desperate and trayterous ingagement. And also presse for moneys to pay your quarters, the want of which will speedily (by free quarter) destroy the Army in the poore country peoples affections, whose burthens are intolerable, in paying Excise for that very meat the Soldiers care from them gratis, and yet paying heavie &illegible; besides, and being also lyable by the Persons and Impropriators, to be every yeare robbed of the tenth part of their labours, stock, and increase, under the name of &illegible; of lowish Tythes, long since by the death of Christ abolished, Heb. 7. 5. 21. 12. 18. 19. 17. &illegible; 9. 9. 12. 14. 16. & 10. 1. 12.

And if they be any thing stuborne in this particular of parting with their proper goods, to those that never sweat for it, then by the late Independant Ordinance of Parliament, they are subiect by the Arbitrary pleasure of two Iustices of peace to pay them &illegible; Also it is worth your consideration to presse that &illegible; publique treasure of the kingdome may be taken out of that uncertaine, cheating and &illegible; way of receiving and paying, that now it is in, and put immediately into the old, experienced, sure, and undeceiving way of the Exchequer, by meanes of which the Kingdome may be sure to know what is done with their money.

And without which both they and you wil be everlastingly consumed and cheated* but above all &illegible; for the immediate doing of impartial iustice without any &illegible; &illegible; men without exceptions &illegible; are under oppressions & &illegible; &illegible; down withal sorts and kinds of Monopolies, that so all the people may inioy their birth right, free trade. And take effectuall care of all our lawes and the proceedings therein, may be &illegible; speedily into English that so the people may speedily injoy some fruits by all your &illegible; and gallant promises, and may no longer have overmuch cause to say as now commonly they doe both in City and Country, that you have cheated and gold them &illegible; faire and &illegible; Declarations, which when you made, you never intended (as by your present actions you fully declare) to endeavour the fulfilling of, but made them as stalking Horses to &illegible; your own ends, (of present power, and future expected honour and profit, and so suck the people dry, and make them slaves,) as the Grandees in Parliament have done with all their Declaratiens.

But above all the rest be sure not to trust your great officers at the Generalls quarters, no further then you can throw an Oxe, for they are generally corrupted, and to the true and legall liberties of the Commons of England are turned enemies and &illegible; being grown Lordly and &illegible; in the highest nature (having by their plausible but yet cunning and subtile pollicies, most uniustly stolne the power both from your honest Generall, and your too flexible Adiutators, and devolved it upon a company of corrupt Linsey woolsey men sitting at Westminster.* That in Iune or Iuly last declared you Traytors for &illegible; by petition to make knowne your grievances to them, and in August last, &illegible; and &illegible; a warre against you, intentively to have &illegible; and destroyed you. Whose principall care in all their visible actions, is to rob and pole the poore kingdome of all their treasure, and share it by thousands and ten thousands, amongst themselves, and to doe effectuall iustice and right to no man, but themselves, &illegible; and friends. Who by the serious of all their visible actions, intend when the people are poore enough to make both them and you their: &illegible; and slaves, and themselves domineering Lords and masters over you, and your aforesaid officers present carriage being such, as that they give too iust cause to me, &c, to aver it under my hand, with sorrow and &illegible; that as sure as I beleeve there is a God, so surely doe I beleeve that they are inyned with the Lords against me, and become the principall instruments to keep me fast in my &illegible; imprisonment, witnes my hand this 8. Sept. 1647.

Iohn Lilburne.

FINIS.

Endnotes

 [* ] Viz. &illegible; Generall Ireton. &c.

 [* ] Which said Order you may verbatum read in the 3. pag. of my book called the free &illegible; freedom vindicated a in which you may also read what passed betwixt us at their bar, as also my protest I delivered in against them, and my &illegible; Appeal which I sent unto the house of Commons from Newgate.

 [* ] &illegible; Mr. Sargant Finch, Mr. Hayle, Mr. Glover, and Mr. Hearne.

 [* ] At you may more fully read in the 12, 13, 14, 15 pages of my Annotamy of the Lords &illegible;

 [* ] Which is now printed in the last pag. of &illegible; book, called &illegible; cryes out of the &illegible; &illegible;

 [* ] But in answer to the forementioned letter, he sent me a letter in which be gives me information, that be hath proferred 20. times to make my report, but the house would not &illegible; him, and he also promiseth me to doe it the first opportunitie &illegible; hath, which he did performe the 14. Sept. 1647. which &illegible; given me &illegible; satisfaction, which I have acknowledged to him in my late two printed letters to him.

 [* ] Who I have named in my booke called Ionahs cry, and in an Epistle to Lievt. Gen. Cromwell, &illegible; bearing date 13. Aug. 1647. and lately printed with my two letters to M. Hen. Martin.

 [* ] The cheif contrivers I iudge to be King, Crumwell, and his son Prince Ireton. who are the principall instruments that keep me in prison, because I will not comply with &illegible; &illegible; Lordly interest, and yet at that time durst not well, but seem to doe something for me in regard of the honest Adjutaters &illegible; about it, but yet by their &illegible; did it in such a manner that they were sure would &illegible; no good.

 [* ] Especially when the Commons of England, shall see the most base and wicked juglings of L. G. Cromwell, and his son Ireton: whose power & interest in the Army (by those 4 grandiuglers means, viz. Lord Say, Lord Wharton, young Sir Hen. Vaine, and Soliciter St. Iohn) is now vigorusly improved to support & uphold the Lords usurpatious, tyranny, and grand opprossions, that so they may merrit, to be voted by them to be domineering, tyrannising Lords with them, or else why am I kept in prison by them, seeing it is every houre in the day in their power to deliver me if they pleased.

 [* ] See Vox Plebis, pag. 10, 11, 12, 13, 14, 15, 18, 19. &c. See my Annotamy of the Lords &illegible; p. 8. 9. 19. and my &illegible; called the resolved mans resolut resolution dated 30. April 1647, p. 3, 4, 8, 9, 10. See also regall tyranny, from the 62. 63. to the 84. pag.

 [* ] And now it is too apparent that Cromwell and Ireton, there these impeachers, with their fore amentioned associates here at Westminster, desired no more but to be rid of their company, that so they might not stand in their way, &illegible; antifaction to hinder them from their tyranicall intended tyrany and Lordly domination, now as apparant to any impartiall observant rationall man as the Sua that &illegible; at noone day.

 [* ] Which I had dine care now if I had not been deluded with faire words, and &illegible; &illegible; with faire promises.

 [* ] Viz Mr. Allen one of the Adjetators for L. G. Cromwels Regiament, and his Officious and extraordinary creaturs in the imploying of al his subtilty and parts to make fruitlesse the honest negotiations of the honest and uncorrupted adjetators, and to support the usurping Lords in their tyrannicall oppresions, as I have largely declared unto himselfe in my letter unto him of 23 August 1647,

 [* ] Unto whom I shewed my protest before I &illegible; it, and told him both what I must and would and offered him to due any thing that the Lords in reason or iustice could requir &illegible; me, so they would not force me to so their bar. See the 4. pag. of my booke, called the free mans freedome vindicated.

 [* ] See my printed narrative to the Adjutators of the 21. August 1647. printed at the last on of the 2. Edition of my Epistle to Iudge Reeves.

 [* ] See the latter end of the Armies Remonstrante of 18. August, 1647. published to the noble Kingdome, by the spesciall order of the present House of Peeres, 10. Aug. 1647. see also the Adiutators proposals or addresses 510. and 14. August, 1647. subscribed by 53 of their hands, and printed by the Armies printer.

 [* ] And for Sir Thomas Fairfax to command a Soldier to goe charge such an enemie, and do the best he can to kill him, and when the obedient Soldier hath zealously put his command in execution, and for Sir Thomas when he hath done to goe about to hang the Soldier for his paines, is not only the hight of iniustice, but is also the ready way to breed a &illegible; in his Army that in future times, his commands will never be obeyed.

 [* ] Read a late notable book &illegible; an eye &illegible; for the &illegible;

 [* ] Who I am sure are no short in acting all manner of tyranny and oppression whatsoever, that may render a power or Magistracy, to be for sitters of their trust, and degenerate from the true Magistrates into reall Tyrants.

 

 


10.12. John Lilburne, The Oppressed Mans importunate and mournfull Cryes to be brought to the Barre of Justice (1648)

Bibliographical Information

Full title

John Lilburne, The Oppressed Mans importunate and mournfull Cryes to be brought to the Barre of Justice, or, An Epistle writ by Lievt. Col. John Lilburne (without all shadow of Law and Justice, imprisoned in the Tower of London.) For all the moral honest Englishmen, in and about the City of London, whether Episcopalls, Presbyterians, or those commonly called Sectaries of what kind soever, Iohn Lilburne prisoner in the Tower of London, the 7. Aprill, 1648. sends heartie and respectfull salutations. In which he mournfully cries out to all men that have any sense of pietie, honour, honesty, pittie, compassion, christian simpathy, humanity, or English fellow feeling, to pittie and compassionate his pining languishing, and worse then sudden dying estate and condition. And the first day of the next Tearme being the 19 present, deliver his Petition hereunto annexed to the Judges of the Kings Bench in Westminster Hall, for a Habeas Corpus to bring him before them to receive a legall tryall, either to his iustification or condemnation, the severitie and stricktnesse of the law being all the mercie and pittie he craves from all his adversaries, chusing and desiring any speedy death in the world rather then to be mudered or starved in prison, which is likely shortly to be his unavoidable portion, if much longer he be continued in his uniust captivitie.

The second Edition, with an Addition reprinted the 18. Aprill. 1648.

Estimated date of publication

1648, no month given.

Thomason Tracts Catalog information

Not listed in TT.

LWV

T.125 [1648.??] (10.12) John Lilburne, The Oppressed Mans importunate and mournfull Cryes to be brought to the Barre of Justice (1648).

Editor’s Introduction

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Text of Pamphlet

VVOrthy Gentlemen, and fellow Country men, the Law of this Land is equally and alike our common birthright and inheritance (for all the distinguishing, deviding names amongst us) unto which the meanest man in England is as much intituled and intaled unto, as the greatest Subiect, and the parting with the priviledges therof (to any whatsoever) and the stooping or submitting to any arbitrary or unlimitted government (in any whomsoever) was by this present Parliament in the day of their straits, adjudged a prophannesse like Esans, in selfing their Birth right, and subiecting them and their posterities to vassalage and slavery, for the preventing of which, they exhort all the true hearted patriots of England, to stick close unto them, who then as they declare were ready to lay down their lives for the preservation of their &illegible; and liberties at the greatest earthly treasure and jewell that could here be possessed, 1. part &illegible; pag. 660. In the destruction of which we become beasts, and are no more men but in shap. 1. part book dicl. pag. 140, 163. 201. And all liberty and property of meum and tuum if thereby totally levelled, destroyed, and confounded, for the &illegible; and preventing of which, that much to be honoured Lawyer Sir Edward Cook, which deserves the highest praises from the plain and well minded people of England, of any Lawyer that ever lived therein, for that most inestimable pains of his, in compiling in English his Foure parts of his Instituts, which discovers so much of the peoples rights by law, that I am confident this present degenerated Parliament, and the present cowardly, corrupt, make-bate, &illegible; generation of Lawyers, wish every one of them burnt, though I heartily wish and desire that every man in England, that hath any spare money and time would buy them, and read, and study them, as the absolutest discoverers of the true mind of the Law of England, of all the Lawyers workes that yet are extant in England, in the 2. part of which, in his exposition of the 29. chap. of Magna Charta, so. 51. he exhorts the Parliament it self. That in stead of the ordinary and precious tryall by the law of the land, they bring not in absolute, and partiall tryalls by discretion, or will or pleasure, For saith he most excellently, fol. 56. ibim. the law is the right line, whereby iustice distributive is guided and directed, and therefore all the Commissions of Oyer and terminer, of Gaole deliverie, of the peace, &c. have this clause, viz. To doe what belongs (or appertains) to iustice and law, and the custome of England. And that (saith he) which is called common right in the 2. Ed. 3. is called common Law in the 14. Ed, 3. &c. and in this sense it is taken, where it is said, that the thing or partie stands right in the court, that is to say, to the Law in the court.

Secondly, The law (saith he) is called right in opposition to wrong, or because it discovereth that which is tort, crooked, or wrong, for as right signifieth law, so tort, crooked, or wrong, signifieth iniurie, for iniurie is the contrary of right, and a right &illegible; measures it self and a crooked line, hereby the crooked cord of that which is called discretion, appeareth to be unlawfull, unlesse you take it as it ought to be, viz. discretion is to discern by the law what is iust.

Thirdly, Law (saith he) is called right, because it is the best birth right the subiect hath, for thereby his goods, lands, wife, children, his body, life, honour, and estimation are protected from iniurie and wrong, it being (as he saith) the surest sanctuarie that a man can take, and the strongest fortresse to protect the weakest of all, to every one of us there comes a greater inheritance by right, and the law, then by our parents, See also fol. 63. 97. ibim. and the 4, 5, 6. pages of my after mentioned Plea for a Habeas Corpus.

And truly Gentlemen, I cannot but acquaint you, that almost for this eleven yeares together, I have suffered abundance of lawlesse, bloody, wicked, cruell, barbarous, and tyrannicall(a) oppression, and never had legally to this houre any crime laid unto my charge, neither doth my conscience in reference to man accuse me of any, neither now I am confident can any be laid to my charge, unlesse it be for maintaining my self to be a man and not a beast, and standing for the lawes and liberties of my native Country, and keeping up as much as in me lyes, the right of propertie in meum and tuum, from being levelled and destroyed.

And yet even in the Tower of London, without all shadow or cullout of law, and iustice is my bodie unjustly detained in prison, by the Lievtenant thereof, by the power of armed men, who continually rob me of the priviledge of an English man, in debarring my friends from having free accesse to me, so that being in a manner destroyed in outward things, by reason of my long sufferings and large expences to preserve my self from utter ruin by my great and potent enemies, and having my own to the value of almost 3000. l. kept from me by the powerfull inflvence of the present Earle of Salisbury, old Sir Henry Vaine, my cruell Star Chamber Iudges, Mr. William Lenthall Speaker, my heavie adversarie, that hath maliciously and unjustly tost and tumbled me from Gaole to Gaole, and Mr. Oliver Cromwell, that usurper and murderer, who by his tyranny and usurped armed power, doth so over awe the major part of the Parliament, that they neither can, nor dare doe any man justice and right that he hates, being at present fit or nothing so much as to weare blew Iackets with Cromwells badges upon their armes, as his vassells and slaves.

And having never had to this day any allowance at all (as by law I ought to(b) have) from those that uninstly committed me, in the eye of reason I must of necessitie without your compassionate and resolved help speedily perish in a hole and a corner, which to doe in a fearefull and amazed silence, I had rather chuse to be cut in ten thousand pieces, or perish by the severest hand of iustice, neither indeed can I sit still or acquiese, in the deniall of justice or deliverance unto me, till I see it, that the use of any more meanes is in vaine, no more then I can cease to eate my meat, or weare my cloths to keep me warme. For as Christ saith, Mat. 11. 17. J have mourned unto them (that would causlesly destroy me) and they will not lament, and I have piped unto them, and yet they will not dance, and what to doe the next but what now I doe, I know not, secret things belonging unto God, but revealed things to me, and the generation in which I live, and therefore as a rationall creature (which is the image of God in which he created man) I act by those dictates, God dictates unto me as such a creature, the dictates of which are that it is as lawfull for me by the light of nature and the law of God (which hath commanded me to do no murder, and if not upon another then much lesse upon my selfe, and a murderer I am if I patiently and &illegible; suffer another to murder me, without using all meanes whatsoever for my own preservation, and therefore I iudge it as lawful for me) by all meanes possible to preserve my life from beastlike, Barish & wolvish men, as from the destruction of savage beasts, bares, and wolves themselves, which for my president in my judgement was continually practised by Paul himself, who in his straits made use of meanes for his own preservation in as high a nature as I have ever done, yea, and set his Iudges together by the eares Acts 24. And for my part, I iudge the second table as much the law of God as the first table, and as wel worth my laying down my life for the preservation of it as the first, knowing amongst men no religion worth owning, commending or imbracing, but that which teacheth a man to live justly, honestly, and uprightly amongst the sons of men, and to do to all men as I would be done unto, and if I would have another to doe good unto me, much more am I bound to doe it unto my self, and therefore for those men that place all their religion in prating and talking of religion, I pray God keep me from their airie and Kemero religion, and continue me one of the practisers of the actions of religion, it being Christs rule, to know the tree by its fruit, and James. to iudge of the faith by the workes. And as for those men, that care for no more but to get liberty to meet freely together, to prate and discourse of religion, and will let others without any cause, perish, tot, and be destroyed in prison, without using any meanes for their deliverance or preservation, J thinke may iustly be numbred amongst the Goats which Christ sets upon his left hand, and commands to depart ye cursed into ever lasting fire, prepared for the Divell and his Angells, Mat. 25. 32, 33. to the end, whose condemnation was not for committing evill, but for not doing good to those that were in prison, or nakednesse, &c. And if it be the Apostles rule, that he that will not worke shall not eate, then he deserves without doubt to starve, that will willingly suffer another to tye his hands, and so keep him from working, and sit down in patient silence without the use of all meanes to git his hands untied, that so he may goe to work again to earn his bread again. And if he be worse then an infidell, as the Apostle avers, that doth not provide for his own familie, then surely he is the same, if not worse, if worse can be, that suffers any man by will and pleasure, to take by force and violence, without his consent, that away from him that he hath provided for his familie, and sits down in silence and patience without using all possible meanes to get it againe, especially if it be his trade, or his libertie, which while by imprisonment it is restrained, he cannot follow his trade, upon which the life and being of his familie depends, all which in every particular is my case, and therefore J both must and will stirre for my liberty and my right, without the speedy inioymen: of which, I and my familie unavoidably perish, therefore in my own thoughts woe be unto me il J doe sit still, and yet in my actings J iudge it my duty and wisedome to goe gradually to worke, in the most iustest wayes that is sutable to christianitie and humanitie, and more then J have already done in a formall, magisteriall way, J cannot see J have to doe, saving the flying to the ordinary Judges in Westminster Hall for justice according to the Lawes of England, and if there J get it not, then J must of necessitie appeale to the body of the people, though it may be it may not help me, yet J must in duty and conscience doe it, (and iustifie it by the Parliaments doing it* themselves) though all their eares should be dease to my cryes and lamentations, and if J perish I perish, but yet I know my portion is with the Lord of glory in heaven, where to goe is for me best of all, yet J must worke, and all my potent adversaries shall not let me: till J have fully finished my course, appointed in the secret decree of my father Jn order to which it was, that J lately pend and printed my Epistle to the Speaker, daited the 4. April, 1648. called the prisoners plea for a Habeas Corpus, in the 7, and 8, pages of which, I have partly expressed my desires to you, as there you may read, and also there printed a petition, which I there do, and still shall earnestly intreat all those amongst you (in the Parliaments words) that have any sence of pietie, honour, honesty, pittie, compassion, christian simpethy, humanitie, or English fellow feeling within your breasts, to goe up in person the first day of the next Tearme by six or seaven a clock in the morning, with that my petition, to the Iudges sitting on the Kings Bench in Westminster hall, being Wednesday the 19 of this present April, About which petition J further earnestly desire to propound these ensuing things to your serious consideration.

1. That upon the next Lords day, and the Lords day after, being the 9. and 16. of this present April, that you improve vigorously, your severall interests to make the petition, &c. as publique as possible you can, either by getting is publiquely read, with the preamble, before it, or else neere or at the meeting places, naile up the pleast selfe, so that the Petition and preamble to it may be read.

2. Appoint frequent meetings in your severall stations, that so you may understand one anothers minds about it, and make your number as considerable as possible you can, for it concernes all your lives, liberties and estates, as well as mine, for suffer your selves to be robbed of the law, or to be murdared in prison, without due tryall or legall conviction, as without your spredy help J am like to be, and I will not give 6 d. for all your estates.

3. I earnestly intreat you at your first meeting amongst any of you, to resolve to send some of you to me, that so J may deliver unto you the Originall of my petition under my own hand, and acquaint you who I have alreadie fixed upon to speak to it when it is delivered in open Court, and see whether you approve of the partie or no, for abilities and resolution, and also that I may deliver three or foure copies of my plea for a Habeas Corpus, corrected with my own hand (for the printer hath made divers &illegible;) with a desire unto you, with so many of you as your selves shall thinke sit, to came one of them to Mr. Iustice &illegible; and another to Mr. Iustice Rowles, the Iudges of the Kings bench: and desire them to read it, and consider seriously of it against the Tearme, that so they may be sitted with courage and resolution enough not to break their oaths, but to doe me justice and right, according to the good, old, and iust law of the land, whosoever shall command them to the contrary. And I also shall further intreat you to came a third copie to Mr. Speaker, and deliver it to his own hands at his house, or else where, with your earnest desire to him, that he will discharge his duty in acquainting the house with my just and legall desires therein contained, that so they nor none of them may run upon the rocks (but at their perills) by commanding the Iudges to for sweate themselves, in not granting me a Habeas Corpus to bring or command my body and cause before them in open court, which is my right by law, As I have largely and fully proved in the foresaid plea, which command I shall look upon (if any such shall be) to be as traiterous a subvertion of the fun &illegible; lawes and government of England, as in the first Article of their impeachment they charge the Earle of Strafford with who lost his head as a Traytor therefore, as by his bill of Attainder you may read, printed in the 19. pag. of my late book, called the Peoples Prerogative, for I find by the notes of some present at the Earle of Straffords Arraignment, that the principall witnesses against the Earles first article, was Mr. Musgrave (who witnessed to this effect, that the said Earle made his will and pleasure Lord paramount above the law of England about prohibitions, and was angry with Iudge Hatten for granting them, (as Mr. Thorp witnessed he had heard the Iudge say) and in the hearing of Mr. &illegible; Musgrave (late prisoner in the Fleet) did about the year 1631. Threaten to clap close by the heels all them that brought them into the Court to plead them before him, though they were & still are part of the antient and iust law of England, upon whose crime for the endeavouring to subvert the law, and introduce an arbitrarie tyrannicall government of will and pleasure. Mr. Iohn Pim in his first speech against the Earle upon &illegible; the 23. March, 1640. and the second day of his tryall, had these words, viz. that the Earle of Straffords crime was a treason far beyond the reach of words, and that no punishment could be thought upon sufficient to expiare grimes of such a transcendent nature.

And Mr. Glyn upon Wednesday the third day of the triall told the Lords at the bar, that the Lord of Strafford was impeached not with simple, but accumulitive Treason, in the masse of which taken in one view, he (the said Earl) should be undoubtedly found the most wicked and exorbitant Traytor that ever was arraigned at the Lords bar, and I am sure to stop habeas Corpesses is as great a Crime in law as to stop prohebitions; but if you should aske me the question whether J did not send my Plea to the Speaker in writing before I printed it.

J answer no, and the reason was, because if I had so done it is possible my adversaries might have prevented the printing, and publishing of it, neither have I yet sent him one in print, and the reasons of that are,

First, because if I should have sent it by a single friend it is possible he might have bin clapt by the heeles, or have come to some other trouble about it, or if he had not, yet he would not well have dared to have clostly followed the Speaker for answer to it, which I much desire, & must strongly endeavour for.

And Secondly, to send it by my Wife is to no purpose at all but to throw it away as wast paper.

First, because that about September 1646. as she was following a Petition for me (being then with Child) at the House of Commons doore, she had like to have been murdered (without any offence in the world given by one Richard Vaughin a gold smith in Foster laine, and then Ensigne to that dayes guard, at which the members of the House were no whit offended, but rather rejoyced at it, the story of which you may reade in the 32. 33. pages of my book called, Londons liberties in Chains.

Secondly, because that by Col. Baxster and his Soldiers, she had like to have bin run through with their swords, for doing that which nature and humanity teacheth her to stick close to her husband in his adversity and affliction, the 19. of Jan. 1647. being that very day, that I my selfe had like to have been murdered by them for no other Crime, but for standing for my legall liberties, given me by the law my Country, as you may read in the relation thereof 24, 25, 26. pages of my Whip, in which regard, especially being great with child, she date goe no more to the House of Commons to follow my businesse there, least for so doing she be murdered in good earnest, but besides if she durst goe again, yet,

Thirdly, I being so much at enmity with Baxster his under Officers and Soldiers as I am (who are on purpose (against all law and justice) set as a guard to keep the people of England from having free accesse to the House of Commons to seek for justice from them which is such a practise that all Pagan Judges in the world may justly blush at) they will be sure to deny my Wife any accesse at all, and therefore have I judged it altogether in vaine to send her any more to follow my businesse there, for me, And therefore in this Strait I must a little rest upon some of you.

And therefore in the last place, seeing by law that the Parliament it self hath often declared, though your number be never so great that goes up, there is no danger in law unto you carrying your selves (as in the least I doubt not but you will) quietly and peacably. First part book Decl. page 201, 202, 109, 148, 691. 720. so on the contrary, misbehaviour in Westminster Hall the Court siting is very dangerous by the Common Law, as, Sir Edward Cook declares in the 2. part instituts. fol. 549. & 3. part institutes chap. 102. fol. 218, viz. to strick, is the lose of the right hand, &c.

Therefore to wind up all I most humbly intreat you speedily to publish this in print amongst you to some purpose, that so by the knowledge hereof, your company may be the more considerable, and all of them the better know, how without detrimene to themselves, or me, to behave themselves when they got up, the effectuall publishing of which, with the petition to it if you please. I shall take for a very great Obligation, and Tye to remain.

From my most illegall restraint
and imprisonment in the armed
garison of the Tower of London
this 7. of April 1648.

Your faithfull and ingaged Country-man
to servey on in the reall service of hit
Country, zealously and Couragiously
to the last drop of his hears blood.

John Lilburne.

The Petition thus followeth.

To the honourable the Judges of the Kings bench. The humble Petition of Lievt. Col. Iohn Lilburne Prisoner in the Tower of London,

Sheweth,

THat your Petitioner is an Englishman and thereby &illegible; and intithled to the benefit of all the lawes of England which by your Oaths(†) you are &illegible; indifferently and equally without stare or partiallity to administer grates to all persons rich and poore, without having regard to any person notwithstanding any command whatsoever to the contrary.

Now forasmuch as a Habeas Corpus is part of the law of England, and ought not by law to be denyed to any man(*) whatsoever that demand it, which though your petitioner earnestly endeavoured the last Tearme to obtaine, yet could not prevaile with his Counsell to move for it, although he hath almost this two yeares been detained in prison in the Tower of London, without all shadow of Law or Iustice, and by the Lievtenant thereof, hath been divorced from the societic of his wife, debarred from the free accesse of his friends, deprived of the use of pen, inke and paper: all which usages are against the expresse &illegible; and Statutes of this land, your petitioners birth right and inheritance.*

Therefore your petitioner humbly prayeth, according to his right, and your oaths, the benefit of a Habeas Corpus, (and that be may have it gratis according to the law of the land and your Oaths) to bring his body and cause before you in open Court, there to receive your award and Iuigement according to the declared Law of England.

John Lilburne.

And your Petitioner shall pray, &c.

&illegible; Country-men; Since I write this Letter to you I fully understand my &illegible; have a Designe speedily to send me Prisoner to a Castle, many Myles remote from London: Where I cannot but &illegible; they intend absolutely to murder me in good earnest: And therefore, in the bitternesse of my soule, and the anguish of my spirit, I mournfully implore the effectuall presence, of as many of you as possible can be at Westminster Hall to morrow morning, by six or seven a clock without Stafe or Sword, to deliver my Petition for mee, and I shall rest.

Tower, this 18.
     Aprall, 1648.

Yours in so doing much obleidged,

Iohn Lilburne.

FJNJS.

Endnotes

 [a ] These are the words and Epithies of the Parliaments Votes of the 4. May 1641. in reference to my Star Chamber sufferings, see innocencie and truth iustified; pag. 65, 72. and my relation before the Lords of the 13. Feb. 1645. pag. 11. wher their votes are printed.

 [b ] As J fully proved in my speech of the 19. Ian. 1647. at the house of Commons barre, which you may read in my whip for the Lords. p. 21, 22.

 [* ] 1. book. pag. 197. 255. 278. 496. 636. 666. 700.

 [† ] Which is printed in Pultons collect, of Statutes fol. 144. and the peoples prerogative. p. 10.

 [* ] See 2. H, 5. ch. 2. Petition of right, 3. C. R, & the act that abolisheth ship money, 17. C. R. 2. partin. fo. 53. 55. 189. 615. 616. &illegible; part f. 71.

 [* ] 2. parinst. f. 56. 63. 97. 526.

 [† ] See the 26. of Magna Charta, and Sir Ed. Cookes exposition upon it, fol. &illegible; & 3. Ed. 1. ch. 26. and the exposition upon it in 2. par. in, f. 210. & f. 74. 533, 535. and the stat. of the 11. H. 4. N. 28. not printed &illegible; the Stat. book, but is printed in the 3. part inst. fol. 146, 224, 225.

 

 


10.13. John Lilburne, The Prisoners mournfull Cry, against the Judges of the Kings Bench (9 May, 1648)

Bibliographical Information

Full title

John Lilburne, The Prisoners mournfull Cry, against the Judges of the Kings Bench. Or an Epistle writ by lieut. Col. John Lilburne, Prisoner in the Tower of London, unto Mr. Iustice Roll : Declaring the illegall dealing of himself, and Mr. Justice Bacon with him, in reference to his Habeas Corpus. Vnto which is annexed his two Petitions to the said Iudges, and the Petitions of Mr. William Thompson, and Mr. Woodward &c. In which are contained a Lash for Mr. Oliver Cromwell and other his spaniolised Creatures. With divers other remarkable things worth publique view.

Iohn. 19, 20, 21. For this is condemnation, that light is come into the world, and men loved darknesse rather then light, because their deeds are evill. For every one that doth evill, hateth the light, neither commeth to the light, lest his deeds should be reproved. But he that doth truth commeth to the light, that his deeds may be made manifest that they are wrought in God.

Estimated date of publication

9 May, 1648.

Thomason Tracts Catalog information

TT1, p. 619; E. 441. (17.)

LWV

T.142 [1648.05.09] (10.13) John Lilburne, The Prisoners mournfull Cry, against the Judges of the Kings Bench (9 May, 1648).

Editor’s Introduction

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Text of Pamphlet

Honoured Sir,

BEing a sensible English man, I am compelled to struggle for my portion in the Lawes and liberties of my native Country, and according to my previledge and right, after all the Councell in England, that I could rationally pretend to have any interest in, had given over (through feare) the doing of that for me, which by the duty of their places they are bound to doe for me, or any English man else, for his see; I was necessitated to set my own brains, at work to help my self, and &illegible; in that Act that abolished the Star Chamber, I there found, that if any be committed, or re framed by the Warrant or Order of the King, his Heires or Successors in their own person, or any of his privic Councellors, &c. that in every such case the party committed, upon demand or &illegible; &illegible; by his Councell, OR OTHER JMPLOYED BY HIM for that &illegible; &illegible; to the Iudges of the Court of Kings Bench, or Common pleas in open Court, shall without any delay upon &illegible; pretente what soever, have forthwith granted unto him, a Writ of Habeas Corpus, &c. And &illegible; upon that clause, viz. Other imployed by him, my own reason told me, it must be by some man &illegible; from a professed Lawyer. So that thereby seeing Councell had refused to move for &illegible; the Tent me before, I was a casting about upon which of my private friends to pitch upon to &illegible; for me, Judging it to be my naturally legall right to appoint whom I please, and therefore reasoning the case with others that knew something of the Law, I was put upon a Petition, Councellours at Law telling me, as the case stood with me, a Petition presented in open Court, by a friend, &illegible; as legall as a motion by a Councellour at the Barre, notwithstanding &illegible; &illegible; &illegible; orders &illegible; by the Court, for the monopolizing profit of the Lawyers to the contrary. Now if this be true in law, you have done me injustice in denying me a Habeas Corpus upon my Petition, and &illegible; my Solieitor to name Councell to move for it against their wills and minds, who it may be, are afraid of an arbitrary destruction from my potent adversaries, who de facto have already done, it upon divers others. Yet they moved, and you granted me a Habeas Corpus to bring my body and cause before you, which by my Petition upon the &illegible; April last, I certifie unto you the Lievtenant, will not obey, and sent it to you in open Court by my Solicitor, who before you was ready to make oath of the delivery of the Habeas Corpus, in which Petition I earnestly presse for an Altas, and yet notwithstanding you will not grant it to me though it be &illegible; right by Law, whereupon I was delayed (as I conceive by your and my Councells scarfullnes) for 4. or 5. dayes before I could get it moved, and when upon Saterday last my Councell did move, &illegible; &illegible; delayed by you (which Sir Edward Cook often saith, is worse then to deny me iustice) and can not obtaine an Alias from you as by Law. I ought, and although I understand a returne (whether true or false I know not) is made of my commitments, yet it is neither read in open Court, &illegible; &illegible; in Court, so that I cannot judicially get a Copy of it, to see whether it be true or false, which is a wrong in Law unto me. And that mock return is no Obedience to the Habeas Corpus which commonds my body as well as my cause to be returned.

Sir, I also understand that before you will grant me an Alias, you have ordered to heare my Councell upon Tuesday next, upon the return, when as &illegible; they have many dayes since sent me word, they &illegible; altogether unwilling to plead to the illegallity of my Commitment, or any further saving to the point of a Habeas Corpus. And truly Sir, I cannot much blame them, considering they now see Mr. William Thompson a free man of England, and no Souldier, taken away by Cromwell and treton from the House of Commons Doore; and violently carried to &illegible; and there by Marshall Law by them, &c. condemned to dye, to the subvertion of the lawes of the land, for which they deserve the Earle of Straffords punishment, and you will not doe your duty speedily to relieve him, which it may be they may thinke may shortly be their own case, if they should be bold, and effectually plead the Law for me, and therefore they leave that part of my plea to my self, when I come to the Bar, which I am ready and willing at my perill to undertake, and therefore doe earnestly intreat you, at either iustice or honour &illegible; within your &illegible; without any further &illegible; to great me another Habeas Corpus, (with a large penalty in it) which it my right by Law, for the denyall of obedience to the first by my Gaoler, is against &illegible; which offence he is subiect by law to be fixed at the pleasure and discretion of the Court which &illegible; hath &illegible; And J wish my Councell may have oritory enough to &illegible; the offence, and presse &illegible; a large fine upon him.

2. To as action upon the case for false imprisonment, upon which action the party &illegible; shall recover great damages.(a)

3. He maybe indicted for his offence and &illegible; of the Law, and upon his conviction, he is to be &illegible; imprisoned, and to be at the mercy of the King.(b)

But &illegible; Sir to what purpose is all this, if J cannot injoy the benefit of the Law from your hands, and therefore Sir, I humbly intreat you to bee &illegible; effectuall instrument to command my body before you according to your duty, to plead for my life and the &illegible; of my distressed wife and little children, that are all wraps up in mine now dying a lingering death, worse then the sword to any heroicall mind, and either effectually according to your oath, doe &illegible; speedy justice, without any more fearefull delayes, or else cease to been Iudge. And therefore let nothing before you be done in my absence about the &illegible; of my cause, for &illegible; Councell dare not presse my businesse home, neither can I well presse it upon them, because I have nothing confiderable to &illegible; &illegible; if they should suffer therefore.

But if you will got on with your intentions to morrow, then I intreat you, that if I cannot speak in person before you, that I may speak unto you by my pen, what my Councell dare not &illegible; &illegible; me. And that my Plea which J have &illegible; to plead my self when I shall be brought before you, may be read in open Court with my Councell at the Barre, and J shall so farre willingly &illegible; aside at present my priveledges, as to abide your iudgement upon reading my Plea, and hearing my Councell upon it, for all, that I desire is but to be laid to the true touchstone of the Law, and my guilty conscienced adversaries shunning that clearly thereby declare, they are workers of iniquity, and dare not abide the light, Iohn 3. 19. 20. 21.

Sir my extremities and sufferings are transcendent, and if you will not do me Iustice for Iustice sake, know that I have writ these lines in purpose to leave you without excuse, knowing ther is a righteous God in heaven that judgeth righteously, and beare the sight and greens of his poore oppressed and destressed Prisoners, and many times even on earth punisheth Iudges with the law of like for like, unto whom J mournfully commit my cause, and now at my last legall hopes, it from your hands I can get no justice, but must be exposed by your hard heartednesse to ruin and destruction, then a desperate disease must have a desperate cure, and the will of God be done, for like a man of mertell and resolution that neither feares &illegible; of Divells nor men, death nor bell, (assuredly knowing my portion is in heaven with the Lord of glory, in whose bosome I shall one day rest,) I am resolved to perish, but shall take my leave, yet, to subscribe my self

Your affectionate friend and servant

From the Tower of London
1 May, 1648.

Iohn Lilburne.

If you please, I intreat you to shew this to your Brother, Mr. Iustice Bacon.

My forementioned first Petition the 19. April, 1648. verbatim that followeth. To the honourable the Judges of the Kings bench.

The humble Petition of Lievt. Col. Iohn Lilburne Prisoner in the Tower of London.

Sheweth,

THat your Petitioner is an Englishman, and thereby intailed and intituled to the benefit of all the lawes of England which by your Oaths(a) you are sworne indifferently and equally without &illegible; or partiality to administer &illegible; to all persone rich and poore, without having regard to any person notwithstanding any command whatsoever to the contrary, though signified under the great(b) &illegible; the little Seale, or any otherwise, yet it &illegible; not delay, or disturb common right, nor you cease to doe it in any point according to the law of the Land.

Now for as much as a Habeas Corpus is part of the law of England, and ought not by law to be &illegible; to any man(c) whatsoever that demand it, which though your petitioner earnestly endeavoured the laft Tearme to obtaine yet could not prevaile with his Counsell to move for &illegible; although &illegible; hath almost this two yeares been detained in prison in the Tower of London, without all shadow of Law or iustice, and by the Lievtenant thereof, hath been divorced from the &illegible; of his wife, debarred from the free accesse of his friends, deprived of the use of pen, &illegible; and paper: all which usages are against the expresse Lawes and Statutes of this Land, your Petitioners Birth-right and inheritance.(d)

Therefore your Petitioner humbly prayeth, according to his Right, and your Oaths, the benefit of a Habeas Corpus, (and that he may have it Gratis,(e) according to the law of the Land, and your oaths) to bring his body and cause before you in open Court, there to receive your award and Iudgement, according to the declared law of England.

Tower the 19. April,
       1648.

And your Petitioner shall pray,

Iohn Lilburne.

My forementioned second Petition of the 25. April 1648. thus followeth.

To the Honourable the Iudges of the KINGS BENCH, The humble Petition of Lievt. Col. John Lilburne, Prisoner in the TOWER of LONDON.

SHEWETH,

THat upon a Petition delivered to your Honours upon Tuesday last, being the 19 present you were pleased to assigne councell to move for a Habeas Corpus to bring your Petitioners body and cause before you, which accordingly you were pleased to grant upon their motion, and to make the writ retournable this present. Tuesday, as which time, after a long causlesse and unjust imprisonment, your Petitioner hoped to have bin brought before you to have pleaded for his life, which hath bin strongly endeavoured by his potent adversaries, in his unjust imprisonment, to be taken away from him, having kept him most illegally in a chargeable imprisonment, almost two years together, without ever laying any &illegible; legally to his charge, or bringing him legally to any Bar of justice to a legal Tryal, keeping almost 3000 l, of his own proper right from him, and in his hard and extraordinary chargeable imprisonment have not yet allowed your petitioner a peny to live upon, although an allowance according to his quality, be his right by the custom of the place where he is a Prisoner, divers rich Members of the present house of Commons having from the present King enjoy’d the same,* notwithstanding the peaceable possession of their great estates in the begining of his raign.

Yet notwithstanding this, and all other earnest endeavours, your Petitioner hath with unwearied industry used to bring himself to the Bar of Iustice, there to receive but so much fevour as every Traytor, Murderer, or Rogue ought to enioy, viz, the benefit of the Law, professing unto you that is all the Favour, Mercy, Pitty, and Compassion he ceaves at the hands of all the Adversaries he hath in the World, chusing rather to expose himselfe to any death in the World, then to a languishing tormenting death in a murthering Goale, which your Petitioner cannot but feare is the determined resolution of his bloody and cruell adversaries, &illegible; that Col. Robert Tichburne, the present &illegible; of the Tower, refuseth to returne the Body and cause of your Petitioner before your Honours according to the legall command of the said Writ of Habeas Corpus.

Now forasmuch as your Petitioner doth aver, and offers upon his life to mak it good by Law, that although your Petitioner be committed by two pretended Warrants, yet the Courts that made them, have not the least shadow or colour in law to commit your Petitioner, being they are not, nor never were intrusted by law, either divided or &illegible; to by the executors of it; and though they had a legal jurisdiction in Law to commit your &illegible; (which they have not) yet by both their warrants ther is no legal crime at all expressed wherefore they commit your Petitioner (generall charges in Law being no charges nor crimes*) and therefore there is no colour in Law for his imprisonment or detention.

Wherefore your Petitioner most humbly prayeth a second Writ, with a strict and severe penalty in it, according to Law, to command his body and cause before you, and that according to the duty of your places, you forthwith grant it to your Petitioner without any further motion of Counsell, it being as legall for your. Petitioner to move for it by his Petition, or by any friend he shall depute and appoint, as by a Councellor.

Aprill 25. 1648.

And he shall pray, &c.

John Lilburne.

The forementioned Petitions of Mr. Woodward, and Mr. Thompson, &c. thus followeth.

To the Honourable the Iudges of the Kings Bench. The Humble Petition of Richard Woodward, and Mary Collens, prisoner in the White Lyon Southwarke.

Sheweth,

THat your Petitioners are freeborne people of the English Nation; and are thereby &illegible; and intituled to the benefit of all the Lawes of England, which by your oaths(a) you are sworn indifferently and equally without scare or partiallity to administer Gratis, in all persons rich and poore, without having regard to any person, notwithstanding any command whatsoever to the contrary, though signified under the great Seale, or the little Scale, or any otherwise, yet it shall not delay not disturb common right, nor you cease to dot it in any &illegible; (b) according to the Law of the Land.

Now for as much as a Habeas Corpus is part of the Law of England, and ought not by Law to he denyed to any man whatsoever that demands it, (c) it being your Petitioners Birthright and inheritance, who are now detained in hard durance contrary to Law and Iustice without &illegible; or Mainprise(d) though it hath often been proferred to those, &c. that &illegible; committed your petitioners to prison, where they violently and illegally keep them without bringing of them the last &illegible; to a tryall at Law, as by Law they ought to have done.

Therefore your petitioners humbly pray, according to their right, and your Oaths, the benefit of a Habeas Corpus (and that they may have it Gratis according to the Law of England, and your Oaths) to bring their bodies and causes before you in open Court, there to receive your award and judgement according to the declared Lawes of England.

18. April, 1648.

And your Petitioners shall pray, &c.

Richard Woodward.

Mary Collens.

To the Honourable the Iudges of the Kings Bench. The humble Petition of William Thompson a free Commoner of England, and no Soldier.

SHEWETH,

THat the lawes of England are your petitioners inheritance(a) and birthright, by vertue of his being an Englishman, by which inheritance he hath this priviledge, that he shall not be restrained of his liberty, imprisoned, past upon, or condemned, but by the declared lawes of England(b) viz, by a sworn Iudge of the law, in the ordinary Courts of justice, and by a grand jury and a petty jury of 24, legell men of his equals, and of the neighbour-hood, where the crime is pretended to be committed who are iudges of matter of(c) fact) they are the very words of the Petition of Right, yet notwithstanding may it please you honours, so it is that in Feb. last, your Petitioner was without any the least shadow or colour in law, taken without any warrant in writing by the power of armed Soldiers, and carried by force of Arms prisoner to the Marshall generall of the Army, by vertue of the verball commands of some pretended officers of the Army, and hath ever since been by force of armes against all law and justice kept prisoner in White Hall, where he hath been most barbarously and inhumanly used, and his life endeavoured to be taken away from him by the pretended power of Marshal law, to the high & transcendent violation of Magna Charta the Petition of Right, and all the fundamentall lawes of England, it being declared by that learned Lawyer Sir Edward Cook in the 3. part of his institutes chapter of murder fo. &illegible; (which book is published by this present House of Commons for good Law) that for a generall of an Army or any other that hath Commission of Marshall authoritie in time of peace (is now it is, and is so declared by the Parliament in their last Declaration against the Scotch Commissioners) to hang, or execute any man whatsoever (Souldier or other) by culler of Marshall Law, it is absolute Murder, and hath been in Law often so adjudged, as he there declares.

Now forasmuch as your honours are Iudges of the Law, and sworne impartially to doe equall execution there of, your Petitioner therefore craveth the benefit of a Habeas Corpus gratis, his undoubted right by law, to command his body and cause before you in open Court, thereto receive your award and iudgement, according to the declared Law of England.

White-Hall this 18.
     April 1648.

And your petitioner shall pray, &c.

William Thompson.

To fill up this wast paper, I shall desire the Reader to cast his eyes upon my Instructions about my Habeas Corpus, which I gave unto my Soliciter, which thus followeth.

Sir,

I am in some sence sorry you named my Councell at all, for I could have wished I had laid a moneth in prison longer, so it had been put upon this issue, to have demanded the Iudges answer possitively. whether upon the bare Petition they would have granted me the Habeas Corpus or no.

For first, I am sure it is as much my right by a Petition, as a thousand motions, and as they would have done me an inconvenience in denying it, so I am sure I should have done them a greater in conclusion, which in my own thoughts would have been equivalent to my losse.

Secondly, This way in not granting it without the motion of a Lawyer, destroyes our native and legall rights, for if I authorise you to doe it for me in the case I am in, the Iudge by Law ought to heare you for me as well as any Lawyer in England, as appears by the Act that abolisheth the Star Chamber. 17. C. R.

Thirdly, This destroyes all poor oppressed men, that have not a Fee to fee a Lawyer, who commonly will but move his lips very faintly without it, whereas if the right of Petitioning were kept up, divers that perish and are destroyed in prison would be relieved thereby.

Fourthly, This is destructive to the lives and being of all oppressed men, that are committed by potent adversaries, as I am, having both houses and the Grandees of the Army to deale &illegible; the single Grandees of the Army, having already crushen and banished by power and force, &illegible; &illegible; in comparison of such little &illegible; &illegible; Mr. Narbarow, and Mr. Cook, unto whom I am so much oblieged, that I am not free to presse them to doe that for me, that that Lawyer must doe that will doe my businesse as it ought to be done, their professions being their livelyhood, for any thing I know, and if for their honest, resolved resolution in my businesse they should suffer, I am not able to require them, and truly I am afraid they cannot effectually doe me service in the present case, but they must run the hazzard of their own unavoidable ruine, and therefore when you give them their sees, presse them to this or nothing, viz.

To keep the iudges close to the right of a Habeas Corpus, to be granted to whoever craves it, by whomsoever committed, and that he is not, nor ought not, nor cannot judicially take cognizance by whom, or for what I am committed, till it appeare legally and judicially in &illegible; Court before him, and it is my positive instructions, they shall not tell the Iudge by &illegible; I am committed, and if the Iudge himself shall tell them by whom I am committed, and so &illegible; to bull me and them, I desire them with all their skill to wave that, and presse for a Hebtis Corpus, and then upon the return it will appeare, and I am sure judicially, they or he cannot &illegible; their judgements upon reports, all that I desire is but a Habeas Corpus, to come to the Baire to plead my cause my self, and I shall easily my self make it appeare by law, that these that committed me, have not the least shadow or collour in Law to do it, all that I desire without further dispute, is but to have the Iudges Negative or Affirmative, by vertue of my right in demanding of it, for the Iudge ought not to inquire by whom I am committed, neither ought they to tell him, but it is enough I am in prison, which you may make Oath of, and it is his duty upon my demand to grant me a writ to bring my body and cause before them, and let them deny it at their &illegible; for it they doe J weigh it not at all, for yet I am not totally prison sick, and I desire no more advantage to trouble them in due time, as bad as a nest of Hornets or Wasps, but their positive denyall. Present my hearty service to Mr Sommers my Attorney, and desire a bill from him, and Make his last Treames businesse even, only take notice I sent him 10. &illegible; and bid him expect and look for the Gaolers answer, and speedily send it to me, but in treat him hereby to goe no further without my further instructions, and I shall rest.

19 April 1648.

Yours to serve you,

John Lilburne.

Now O all true hearted English men that love justice and reall actions, more then persons and sactions, seriously consider and way my unparaleld condition who was brought into my contest with the House of Lord by Mr. Oliver Cromwell (that usurper tyrant theese and murderer as, in the 9. 10. 11. p. of my late plea for a Habeas Corpus I fully prove him to be, and am still ready at the Kings Bench bar to make it good with my life) and when he had brought me into the briars, ther like a base & persidious man leaves me to be &illegible; in precca, and not only so: But in the third place, joyns with the Earl. of Manchester, &c. (whom he had inreached of Treason, (and against whom he had engaged me) to destroy me, because I will not stope to the jurisdict: on of the House of Lords over Commoners, although by law they have no more then so many Tinkers and Chimny sweepers have, as is &illegible; proved in my books called the free mans freedom vindicated, the Anotamy of the present House of Lords. The oppressed mans oppression declared. The Out-cryes of oppressed Commoners, my Grand Plea before Mr. Moynara of the house of Commons 20. October 1647. The Peoples prerogative, and my Whip for the house of Lords, and in the books called Sir John Maynards case &illegible; stared. The Royall Quarrell The Plea and Protest of A. B. a Citizen of London, and the &illegible; printed Petitions of the imprisoned Aldermen of London, and yet though by all these books the Lords jurisdiction over Commoners in any case by law is levelled with the earth, yet nothing will serve Cromwells take for my opposition to the Lords in &illegible; my own liberties, but my blood, although if he would have &illegible; me to my liberty, and that which the Parliament &illegible; ones me, I have offered him to leave the Kingdom, and totally to refer all differences &illegible; us to the finall determination of his own Generall, and for my contest with the Lords wholly to the house of Commons, or the Iudges of the Common law, none of which he will imbrace, and therefore judge righteously betwixt us.

FINIS:

Endnotes

 [a ] 32. Ed. &illegible; Rot 71. & 79. Corumrege &illegible; & 2. part inst. fol. 53. & 13. & 13. Ed. &illegible; 39. &illegible; the exposition of it, in 1. part &illegible; 451. 452. & Rustalls book of &illegible; &illegible; 501. 606.

 [b ] West. 2. being 3. Ed. 1. ch. 15. at the &illegible; see also the exposition upon it, 2. part last. fo. 191. and 28. Ed. 1. ch. 16.

 [a ] Which is printed in Paltons collect. of Statutes fol. 144. and the peoples prerogative. p. 10.

 [b ] See the 9. H. 3. ch. 29. & 2. Ed. 3. ch. & 14. Ed. 3. ch. 14. & 11. &illegible; 2. ch. 10. and the Petition of Right, the 3d. C. R. & 2. part inst. fo. 56. & 4. part inst. fo. 68.

 [c ] See 2. H. 5. ch. 2. Petition of right, 3. C. R. & the act that abolished the Star-Chamber 17. C. R. & 2. part inst. 53. 55. 189. 615. 616. & 4. part f. 71.

 [d ] a. pat inst. f. &illegible; 63, 97. 526. and 4. part folio. 41.

 [e ] †See the 26. of Magna Charta. and the exposition upon it in the 2. part inst fol. 42. & 3. Ed. 1. ch. 16. and the exposition upon it in the 2. par. in. f. 210. see also f. 74. 533, 535. and the stat. of the 12. H. 4. No. 28. not printed in the Stat. book, but is printed in the 3. part inst. fol. &illegible; 224, 225.

 [* ] Mr. &illegible; &illegible; confessed about a year agoe, he spent the King whilest he was Prisoner in the Tower, 1500. l. in &illegible; and good Cheere, and yet by this Parliament he had 5000, l. voted him for his said sufferings, and so had Mr. Seldon and all the rest of his fellow sufferers, & some of them it is said have already received all their money.

 [† ] See the 29. ch. of Magna Charta, and the exposition upon it, in the 2. part, &illegible; fol, 46. &c. and the Petition of Right 3. C. R. and the act that abolished the Star-chamber the 17. C. R. and the 5. R. 2, Rot. Parl. num. 45. and 1. H. 4. num 79, and 5. H. 4. chap. 6. & 8. H. 6. ch. 7. and 11. H. 6. chap. 11. 23. H. 6. ch. 11. 15. and 4. H. 8. ch. 8. and 1 and 2. P. and M. ch. 10. and 4. part insti. fol. 25. 1. par, decl. p. 48. 2. 278.

 [* ] 2, par. insti. fo. 52. 53, 325. 318. 59. 1. 615. 616. and 4 pert fo. 39. 1. part book dec. pag. 38. 77. 201. 845. and the votes upon the impeachment of the 11 memb. the petition of Right the 3. C. R. and the act that abolished the Star-chamber 17. C. R. printed in my book called the peoples prerogative page 22. 23. 24. 25. 26.

 [d ] 1. part inst. lib. 3. ch. 7. Sect. 439 fo. 260. & 2. part inst. fo. 42, 43. 53. 54. 125. & 3. Ed. 1. ch. 25. See Sir Ed. Cooks exposition upon it, 2. part inst. fo. 186, 189, 190, 315. see also 1, and 2. P. and M. chap. 13.

 [(a) ] 2. part institutes fol. 56. 63. 97. 526. and 4. part insti. fo. 41.

 [(b) ] see the Petition of Right made in the 3. C. R. confirmed this Parliament in every particular by the act that abolisheth ship money, see also the act that abolished the Star-Chamber, 17. C. R. and 2. part insti. fo. 46. 47. 50.

 [(c) ] See 1. part insti. lib. 2. chap. 11. sect. 193. fol. 135. and chap. 12. sect. 134. fo. 155. 157. and 13. Ed. 1. ch. 38. and 28. Ed. 2. ch. 9. and 34. Ed. 3. ch. 4. and 42. Ed. 3. ch. 11.

 

 


10.14. John Lilburne, The Laws Funerall (15 May, 1648)

Bibliographical Information

Full title

John Lilburne, The LAWES Funerall. OR, An Epistle written by Lieutenant Col. JOHN LILBURN, Prisoner in the Tower of London, unto a friend of his, giving him a large relation of his defence, made before the Judges of the Kings Bench, the 8. of May 1648. against both the illegall commitments of him by the House of Lords, and the House of Commons, and how that the Judges in open Court, were necessitated to confesse, there is by neither of the commitments any crime in Law laid unto his Charge, yet though he was imprisoned for nothing, being committed by a superiour Court the Lords, and that upon a Sentence, they could not release him, but remanded him back again Prisoner unto the Tower, which is a full Declaration, there is no Law left in England now, but that the people thereof must be governed by the lust, will and pleasure of the House of Lords, &c. and though they deale never so unjustly with them, to the causelesse destruction of their Lives, Estates, and Families, yet the Judges of England (being in deed and in truth meere Ciphers) cannot remedy it, because it is done by their superiours, the House of Lords; wherefore the said Iohn Lilburne doth declare his sorrowfulnesse in his great mistake, in zealously stirring up the people of England to stand up to maintain their Lawes, seeing they have none in being, but the will of the Lords, and therefore according to his promise, to the Judges in open Court; he provokes all the Commons of England out of all the Counties thereof, to hasten up to Westminster to the Lords house, and there suffer the Lords (who now have conquered and subdued all their Lawes) to bore them through their eares as their vassalls and slaves, if they can beare it with patience.

Proverbs 28.1. The wicked flye when none pursueth; but the Righteous are as bold as a Lyon.

Estimated date of publication

15 May, 1648.

Thomason Tracts Catalog information

TT1, p. 621; E. 442. (13.)

LWV

T.143 [1648.05.15] (10.14) John Lilburne, The Laws Funerall (15 May, 1648).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Deare Sir,

AT your earnest desire, I cannot chuse but give you, and the world, as perfect account as I can, of all that passed before the Judges of the Kings Bench, in reference to my selfe, upon Munday last, being the 8. of this present May. And in the first place, I must intreate you to take notice, of the reason or cause of my being there that day, which was upon my own earnest desire; for looking upon my selfe unavoidably in the roade way of destruction, in the continuance of my causelesse and arbitrary imprisonment, and finding the generality of the House of Commons, (who should be the true and faithfull conservators of the Lawes and Liberties of England) dease unto Justice, and their eares and hearts sealed up against it, so that of them, I for my part may almost complain, as the Psalmist doth, they are all gone aside, they are altogether become filthy: there is none that do good, no not one; for they eat up the people as they eat bread, and call not upon the Lord. Psal. 14. 3. 4.

I say, at the serious consideration hereof, musing with my selfe what to do for my own preservation, and the preservation of my wife and little Children (which nature and the Law of God teacheth me to endeavour with all my might) who are all in the eye of reason unavoidably destroyed in my continuance in prison, and I was staved of in my own Conscience, from the use of extraordinary meanes for my deliverance, till I had attempted what the Judges of the law would do for me, whom I looke upon as my last legall refuge, and supposed they might happily do me some good; but I durst not feede my thoughts with any confident hopes of Justice from them, being they are created, and made Judges by the power and authority of my potent adversaries, and therefore must needes serve their ends, or else be thrown out of their places, yes I was resolved to put all the strength I had to the work; and for that end, I, the 4. of April last writ an effectuall letter to the Speaker of the House, & in print intitulled it, The Prisoners Plea for a Habeas Corpus, & therein print my Petitioned to the Judges of the Kings Bench, for my Habeas Corpus, and because Councell the last Teime had failed me, and durst not move for me; I was necessitated to write another Epistle the 7. of April 1648. to all the morall honest Englishman, in and about the City of London, whether Episcopall, Presbyterian, or those commonly called Sectaries, and in print intitulled it, The oppressed mans importunate and mournfull cryes, to be brought to the Barre of Justice, in which I earnestly intreat them the first day of the Tearme, being April the 19. 1648. to deliver my Petition for me, and get me a Habeas Corpus, which now I thank them, divers of them did; and procured me a Habeas Corpus, which the Lieutenant of the Tower withstood, and did not carry up my body; whereupon I by a new Petition complained of him to the Judges, but they in my &illegible; grew som what deafe; upon which I was necessitated the very present to write a rusling letter to Judge Roll, which in print is intituled,

Vpon which letter I had an Alias granted me, with a penalty of 40 l. which the Lieutenant obeyed, and accordingly upon Munday last, sent my body to Westminster, where I arrived betwixt 8. and 9. a Clock, and found both the Judges and my Grandee Adversary, Soliciter, Sr. Iohn, &c. very hard at whispering discourse, neare the Chancery Court, and upon the Judges going to the Bench, I stept to the Barre, and presently the Lieutenant of the Tower was called to make a returne of his Habeas Corpus, whereupon his Servant, Mr. Comport and my Keeper, made answer, here was the Prisoner Mr. Lilburne at the Barre, upon which the Judge asked him for the returne, and he told him he was but a Servant, and at the Command of the Lieutenant, had brought up the body of Mr. Lilburne, which was all the returne he had, and immediately the Lieutenant himselfe, as I conceive, gave in the returne, and then Mr. Iustice Bacon demanded of me, where my Councell was, and being standing up upon a high place before the Bench, with a loud voice I answered him, I had none, neither would I have any, but desired to cast the weight of my Cause upon my own abilities, which were sufficiently able to inable me to plead my cause my selfe before them; and therefore Sir, said I, (with a shrill voice) I crave and demand at your hands, as my naturall and undoubted right, the same benefit and priviledge that Paul alwayes injoyed from the hands of the Pagan and Heathen Roman Judges, who alwayes gave him free liberty as his Right to plead his Cause before them, and to speake in the best manner he could for himselfe; but Sir, if you will not follow that just example of the Pagan Roman Judges, Then in the second place, I crave the same priviledge from you, that I injoyed from the hands of the Caviliers at Oxford, who when I stood before Judge Heath for my life, (being arrained in Irons for High-Treason, in levying Warre by the Parliaments Command against the King,) he nobly told me, he would give me the utmost priviledge that the Law of England would afford me, and further declared unto me, it was my right by Law to plead for my selfe, and say whatsoever I could for my selfe, which he freely without any interruption gave me leave to do; and Sir, I hope you will not be more unjust unto me, then the Pagan Roman Judges were to Paul, or the Caviliers to my selfe at Oxford, in denying me my priviledge to speake and plead for my selfe.

Whereupon Mr. Justice Bacon replied, and said, Sir, It is a favour that you are permitted to plead by councell. Sir, said I, by your favour, I doe not judge it so, and besides I desire Mr. Iustice Bacon, with all respect unto you, and desire to let you know: I do not com here to beg boones or courtisies at your hands, but I come here to claime my right, & do with confidence tell you Sir; that it is not only my undoubted naturall right, by the light and Law of nature; yea and by the ancient common Law of England to plead my owne cause my selfe, if I please, but it is also the naturall and undoubted right of every individuall Englishmen, yea and of every man, upon the face of the Earth, in what Countrey soever; and therefore, Sir, I demand from you, liberty to speake freely for my selfe, not only by the Law of nature, but also by the ancient Common law of England, freely telling you that I Judge my cause of that consequence to my selfe, and all the Commons of England, that I will trust never a Lawyer in the Kingdome to plead for me, and therefore againe demand to as my right, leave to plead my selfe, the which if you will not grant me I have done, and have no more to say to you, whereupon the Iudges commanded the lawyers to make me roome and called me closse to the Barr, where I did my respect unto them, and they caused the returne to be read, which consisted of my commitment from the Lords the 11 of Iuly 1646. & my commitment from the Commons. 19 Ian: 1647 and a late order of the commons to command the Lievetenant of the Tower, upon removeall of his prisoners not to remove the 4 Alderman, nor Sir Iohn Maynard, nor my selfe; which returns in the conclusion hereof I shall insert, and then as I conceive because some of the returne was latten, Iudge Bacon aske me if I understood it, and I said, yes, for I had cause enough given me so to doe; whereupon he begun to tell me I might easily perceive I was Committed by the Lords upon a Centence, and begun to amplifie their power, as a superior court, whose actions were not to be questioned or controled by the Judges of the Kings Beneh, because they were inferior to them.

Unto which I replied. Sir, I desire the returne may be ordered to be entered upon record, and this I pressed diverse times, and desired that if the Lieutenant had any thing to add to the returne, he might now speak, or else forthwith it might be made a record, and he thereby debarred of making additions to it which was accordingly done, and then I pressed to be hard, and said, Mr. Justice Bacon, I desire to keep you close to my businesse which is thus, I am in prison and having no crime laid unto my charge by those that do commit me, (as clearly appears unto your Honor by the returne, for generalls, you know better then I doe, are no charge nor crimes in Law,) and therefore according to the law I crave leave to make my exceptions against the return & when I have done, I shall willingly submit my discourse, my cause, and my person to your Judgements and consciences; but I pray, heare what I can say for my selfe and my liberty, or if you will not command me silence, I will obey you; And then Mr. Justice Roll spoke likewise to the Lords power, and would also have staved me of from going on, but I prest still to be heard what I could say against the returne, and he prest me to keepe close unto it, and not be extravigant in medling with impertinences, but I told him, I did not know what he would judge impertinences, & therefore prest hard to be heard, telling him, if I spoke that which by Law I could not Justifie, they might the easier tript up my heales, but I assured him, I was an honorer of Magistracy, as being the chiefe meanes God had appointed to keepe the world in order, and therefore I was resolved to speak with all honour & respect both unto their office and persons; so I had leave granted to go on, and having my plea in a readinesse, writ, I put on my spectacles & held it before me as the Lawyers do there Briefes, and begun, and said as was contained in my paper which I shall give you, as I had pend it before I came to the barre, though I confes I had many bickering interruptions by both the Iudges, which in the best manner my memory will serve me, I shall note in the Magent, as I goe on with my discourse, which thus followeth.

Mr. Justice Bacon, I doe ingeniously confesse, that I judge Universall safety to be above all Law, and that it is the ouldest Law of any in the Kingdom, and therefore I shall not dispute, in the least, the Parliaments irregular actions, that they were necessitated too, for common preservation in the height of the Warres, but the Warres being ended, as they themselves declare they are, (in their late Declaration against the Scotch Commissioners) and thereby the affaires of the Kingdome reduced into a more peaceable and hopefull condition then heretofore; wherefore I may now groundedly from the full streame of all their Declarations, and promises; expect, challenge, and looke for the absolute benefit of the Law, and the common justice of England, in the ordinary courts of Justice thereof; which they have declared, and promised they will not now enterrupt, (See their Declaration of the 17. of April, 1646. 2 Part. Book Declam. pag. 879 and their Ordinance, of none addresses to the King, in Ianuary last, where they promise the people, though they lay the King aside, yet they will notwithstanding governe them by the Law, and not to interrupt the ordinary course of Justice, in the ordinary courts thereof; And therefore Mr. Justice Bacon, I am not a little glad that I stand before you at this Barre of Justice, which is bounded by the Law (where I never was before) for seeing that the great Judge of all the world, Stiles himselfe to be a God of judgement, Esa. 30. 18. and further saith of himselfe, That I the Lord love judgement and hate robbery for burnt offerings. Esai. 61. 8. and therefore layes his command upon Judges, these gods upon earth, Psal. 82. 6. That they shall defend the Poore and Fatherlesse, and doe justice to the afflicted and needy, and deliver them out of the hands of those that are to strong and mighty for them; and that they shall judge righteously betwixt a man and his brother, & his neighbour, in justifying of the righteous, and condemning of the wicked, without wresting judgement, or respecting persons, but that with judgement they shall beare the small as well as the great; and above all, that the Judges shall not be afraid of the face of man; for saith he, ye Judge not for man, but for the Lord, who is with you in judgement; and therefore (saith he) take heed and die it, for there is no iniquitis with the Lord, nor respect of persons, nor taking(a) of gifts.

And as God is thus delighted in doing Justice, and Judgement, so on the contrary side, he hath declared, he asmuch abhorres those that turne Judgement into wormwoods and gaule, and leaves of righteousnesse in the earth, and commits mighty sinnes in afflicting the just, in taking of bribes, and turning aside the poore in the gate, from their right.(b)

And that, Sir, which adds unto my gladnesse is this, that now I stand not before Arbitrary Judges, which judge themselves bounded by no law, or rules, either of God or man, but are lost loose unto the reines of their depraved, corrupt Iusts and wills; by vertue of which, I have not a little beene tosted and tumbled from Gacle to Gaole, and not for some few houres, dayes, weekes or Moneths; but for some yeares: without having any legall crime laid to my charge, or ever been brought out unto any Legall triall; But Mr. Bacon, here J stand before you, who are sworne, and proper Judges of the Law, Yet of the Law of England, with that learned Lawyer, Sir Edward Coke, often &illegible; a Law of righteousnesse and money, especially, to Prisoners in my case,(c) who have been almost this two yeres imprisoned, First, By the House of Lords; and then Secondly, By the House of Commons, for nothing, as clearely appeares unto you by my Warrants of Commitments, which onely charge me with generals, and generalls are no charge, nor crimes in(d) Law, but if they were (as they are not) Yet those (viz. the Lords and Commons) that made them, were never betrusted by the Law, to be the executors of the(e) Law.

And therefore, Mr. Justice Bacon, with all honourable and due respects unto your Office and persons, I desire with asmuch brevity as I can, to make my defence against both the Warrants of my commitments, and I shall crave leave to observe this Method.

First, although I grant that the House of Commons and the House of Lords, have by the Law and Custome of England, their proportionable power and interest in the making and repealing of Lawes: yet I do averre that neither devidea nor conjoyned, they are not in the least betrusted to execute the Law; but your honours, and the rest of the sworne Judges, Justices of the Peace, and the Constables, &c. are by Law betrusted to be the sole and only executors of it.

And that no Commoner of England, is to be restrained of his liberty, by Petition or suggestion to the King, or to his Councell &illegible; is be by &illegible;(f) or presentment of good and lawfull men, where such deedes be done, and no Commoner of England is to be past upon, to lose either life, limbe, liberty, or estate; but by legall Tryall by a Grand Iury, and Petty Iury of his peers or equalls, which Sir Edward Cooke calles the ancient and undoubted Birthright of an Englishman, 4 part insti. fol. 41. before a sworne Iudge of the Law in the ordinary Courts of Justice, the proofes to be in cases of Treason, &c. by two sufficient witnesses at least, plaine and upon their Oathes,(g) And Mr. Iustice Bacon by Law, a Lord of the Parliament is not so much as to be of the Jury of a Commoner, as learned Sir Edward Cooks declared, 1 part. insti. sect. 234. fo. 156. and if by Law he cannot be of his Jury, much losse can he be his absolute Iury and Iudge both.

And also by the Act that abolisheth the Starre-Chamber this present Parliament 17. Car. Rex. it is firmly and &illegible; inacted, that all Lawes, Orders, Ordinances, Iudgements and Decrets, made in demination of the 29. Cha. of Magna Charta, and the Lawes before recited, are and shall be null and void in Law, and holden for errour; and therefore at present to conclude this point about jurisdiction, I shall winde it up with Sir Edward Cookes words in his proeme to his 4. part institutes, viz. That the bounds of all Courts are necessary to be known; for as the Body of a man is best ordered, when every particular Member exerciseth its proper duty; so the body of the Common-wealth is best governed, when every severall Court of justice exemptath his proper jurisdiction; But (saith he) if the eye, whose duty in to see, the hand to works, the feete to go shall usurpe, and incroach one upon anothers workes, as for example, the hands or feet, the office of the eye to see, and the like; these should assuredly produce disorder and darknesse, and bring the whole body out of order, and in the end to distruction; so in the commonwealth, Justice being the main preserver thereof, if one Court should, usurp or incroach upon another, in would introduce incertainty; subvert Iustice, and bring all things in the end to confusion.

But Sir, I shall at present in this place, spare the full opening of my plea, in this particular, and reserve it to the place most fit for it.

And therefore I shall iusist upon the 2 part of my plea, which is, that the matter and &illegible; of my warants of commitments are illegall, the legality of which ought, as Sir Edward Coke declares in his 2. part iustis. (which is published by the present House of Commons for good law to the Kingdom, as appeares fol. ult.) who therein fol. 52. 590. 591. expressely saith, 5. things are essentiall in Law, to the making of a commitment lawfull, viz. 1. That is be by due Precesse or proceeding in Law. 2. That he or they that do commit have lawfull authority. 3. That this warrant or mittimus be lawfull, and that must be in writing under his hand and Scale. 4. The cause must be contained in the Warant or Mittimus, and that not in generall termes, but in particular, as for treason, then for what particular Treason; and if for fellony, then for what particular felony; and if for misdemeanours, than for what particular misdemeanour. 5. The Mittimus containing a lawfull cause, must also have a lawfull conclusion: viz. and him safely to keep untill he be delivered by due course of Law, and not untill the party committing please, or doth further order, or for 7. yeares; Now Mr. Justice Bacon, all and every of these particulars I doe averre, is wanting in both my Commitments. For, first, there was no due Processe of Law against me, no Bill filed, or Indictment preferred, nor no legall complaint exhibited against me, neither did I see any legall prosecutor, before I was originally committed, no, nor not to this present houre, although I have been almost two yeares in Prison; First, in Newgate; and then secondly in the Tower devorsed from my wife, &illegible; of my friends, deprived of pen, Iuck and paper.

But I desire to cause this at present, and go on to the main things. And therefore 2. I aver that by the known Law of this Land, neither of the Speakers of either House, nor neither House themselves, have the least shaddow or colour by any declared and known Law of England, to commit the meanest Commoner of England (that is not one of there members) to prison, either for treason: the highest crime (for that is expresly to be tryed by the common Law, by people of the neighbourhood of the same condition, as appeares by the 25 Edward 3. chap. 2. and 1. & 2. Phillip & Mary Chap. 10.) yea, and it lyea not in the whole Parliaments power to punish any man, for any crimes which they shall call treasons, but what is cleerly declared, and fully expressed to be treason by the statute the 25 Edward 3. Chap. &illegible; as appeares by 1 H. 4. Chap. 10. and the 1. M. Chap. 1. Or for breach of the peace, although it be in affronting, beating or wounding of any Parliament man, (for that is expresly to be tried in the Kings Bench. 5. H. 4. Chap. 6. and 11. H. 6. Chap. 11.) Yee although a sherife by law, is to pay 100. l. to the King, and to suffer a Years Imprisonment, &c. without Bails or mainprise; for every false &illegible; of a Knight of the Shire, that he makes, yet by Law, neither Houses are to be Judges in this very businesse, so immediately concerning the House of Commons, but it shall be examined and tryed before the Justices of Assises in the Sessions of Assise, 8. H. 6. Chap. 7. & 23. H. 6. Chap. 15. yea the Parl. or the House of Commons, are not to punish those that will not pay them their wages; for their service done in the &illegible; but the refusers are to be punished by the legall administrators of the Law in the &illegible; courts of Iustice. 23. H. 6, Chap. 11.

Now Sir, if the Parliament, or the two Houses either conjoyned or divided, cannot exercise executive Justice in these things so nighly concerning themselves, much less in things more remote, as my case is, who if I were guilty of the things layd unto my Charge, yet they are only and alone tryable and punishable at the Common Law, and not in an arbitrary uncertain way in either or both Houses, the rules of which certainly no man in heaven or earth knoweth; and saith that worthiest of English Lawyers Sir Edward Cook, in the Proem to the third part of his Institutes: It is a miserable servitude, or slavery, where the Law is uncertain or unknown.

And I know, you know, it is a received Maxim in Law, that the Parliament is not to medle with judging or punishing that which appertains and belongs to the Common Law, but my pretended crimes have their punishments appointed by the Common Law, and are there only to be tryed and punished, and therefore in the least belongs not unto the Parliaments Cognisance or Jurisdiction: Nay, the Parliament men themselves, for Treason, Felony and breach of the Peace, are not priviledged in the least from tryals at Common Law, as appears by the fourth part Institutes, fol. 25. and the Lords and Commons confess the same in their Declarations, 1. part pag. 48. 278. The Common Law of England, which is right reason (or as Sir Edward Cook stiles it, the absolute perfection of reason, 2 part Instit. fol. 179.) hateth all partiality or faction in tryals, which would unavoydably be, if the Law-makers should in any case be the Law-executioners; and besides the legal benefit of final appeals to the high Court of Parliament, (which I judg in Law to be the whole and intire Parliament and not a single House) would be hereby totally destroyed; for if they should be impowered by Law to be Executers of it, and should (as it is possible they may) do me wrong & injustice, I am thereby, by power, destroyd with out remedy, which the Law abhors; and therefore the wisdom and reason of the Law is such to betrust Judges that rationally are liable to an account in full Parliament, and them only to be sole Executors and Dispensers of the Law betwixt party and party; and not to betrust the whole Parliament, or any part of it, with the executing of the Laws, but only to betrust them, as their fittest work, with a power to repeal those Laws that are amiss, and to establish and make better in their places. But the Laws, while they remain Laws and unrepealed, are as binding by Law to themselves, as the meanest men in England, and they have no priviledg of exemption from them, saving in freedom of speech within their respective Houses, (for which they have an act of Parliament to indempnifie them, as appears by the 4. H. 8. ch. 8.) and freedom from arrests for them and their servants &c. during the sitting of Parliament, which the Law supposeth not to be long; much less seven years, (which is a destruction to our fundamental rights, viz. Annual Parliaments (or at least Annual Elections) as appears by the 4. Edw. 3. cha. 14. & 36. Ed. 3. ch. 10. both which are confirmed this present Parliament by the triennial act in (16. Car. Rex.) and yet if any Parliament-mans servant be imprisoned, the House of Commons themselves by Law cannot deliver him, but it must be by a Writ out of Chancery, and the member must make oath, that the party for whom the Writ of priviledg is prayed for, was his servant at the time of the arrest made; all which appears in the Case of one Mr Hall, the 22. of Feb. 18. Eliz. whose servant being arrested and imprisoned, a Committee of the House reported to the House, they could find no presidents for the delivery of him, but in the way before mentioned, whereupon Mr Hall was appointed by the House to go to the Lord Keeper, and to do accordingly.

And if they cannot deliver one that belongs to themselves, and priviledged by the Law of Parliament, (but not by the known & declared Law of the Land) nor punish him themselves, that in the execution of the Common Law of England broke their priviledges, much less in Reason and Justice can they commit or release one that is far remote from them, and doth not by priviledg belong unto them, the last of which is my present case; and therefore no colour in Law hath the House of Commons to commit me to prison.

And as for the House of Lords, the Petition of Right expresly saith, That no man ought to be adjudged to death &c. but by the established Laws of the Land; and the express established Law of the Land is, That no Freeman shall be taken, or imprisoned, or be deseised of his freehold, or liberties, or free customs, or be out-lawed, or exiled, nor condemned, or any otherwise destroyed, but by the lawful judgment of his Peers, viz a Jury of his Equals, of the same neighbourhood where the crime is committed (being brought in to answer by due process of Law, by Indictment, Presentment, or Writ original according to the course of Common Law) but the Lords are none of my Peers or Equals, and therefore are none of my legal Judges, nor have not the least Jurisdiction (in any case whatsoever) in the world over me.

And though they should have a thousand presidents, to shew they have exercised Jurisdiction in the like case of mine, they are worth nothing, because they are all and every of them against the 29 Chap. of Magna Charta; and are therefore expresly declared by the Statute that abolished the Star Chamber, 17. Car. Rex, this present Parliament, to be null and voyd in Law; and to be holden for Errors and false Judgments. And as for presidents against the Lords and Commons Jurisdiction in my particular case, one president against them is of more consequence then a thousand for them, and the reason is evident, because, as Sir Edward Cook often declares, all Courts of Judicature are bottomed upon the Law of the Land: and it cannot be supposed that any Court can be miscognizant or ignorant of its proper Jurisdiction. And for the Lords, they have confessed in the 4. of Edw. 3. Rot. Parl. 2. in the case of Sir Simon De Bertsford, that it is against the Law for Peers to try Commoners, and have promised and enacted (or at least ordained) that they neither shall, nor will do the like again, though that occasion were superlative, viz. about the absolute murther of King Edward the second. And

Secondly, although the Maior &c. of the Corporation of Cambridg were, by the Kings Writ out of Chancery, summoned before King Richard the second in full Parliament, and there impeached of horrible Treason, committed and acted in levying War against their soveraign Lord and King, and being expresly within the Statute of Treasons made in the 25 of Edward the 3. Cha. 2. And though they surrendred up the Charters of Cambridge in open Parliament, unto the will and pleasure of the King, as forfeited into his hands by their Treason and Rebellion, yet as to the point of Treason they by their Councel expressly pleaded, that the King and his Lords assembled in Parliament had no Cognizance or Jurisdiction there to medle with Treasons committed by them, and saith the Record, (which under the Register or Record Keepers hand of the Tower I have to shew unto your Honor, if you please to have it read) they alledged divers reasons therefore, and the King and the Lords by their silence allowed of their plea as good in Law, and let them go without any punishment there, for their notorious Treasons, as appeareth Rot. Parl. 5. Rich. 2. membrana: 9. num. 45. 58, 59. which is supposed in reason they would never have done, if their own consciences and knowledg had not told them, that by Law they had not the least Jurisdiction in the world over Commoners in any case whatsoever: For if not in Treason the highest, then much less in misdemeanors the inferiorest (which is the most that ever they layd to my charge.)

And if the King and Lords have not Jurisdiction over Commoners, much less the Lords without the King, and much less that House of Lords that hath layd the King, their fountain of power and honor, aside, as unfit to be addressed unto any more, (and yet have not essentially or avowedly altered the Government of the Kingdom;) seeing by their Writ of summons and all their own Declarations, they own nor challenge no power into themselves but what they derive from him, and therefore by their own principles, and by the Law it self, they have unpowered themselves and totally overthrown and destroyed their Jurisdiction, and now cannot legally or rationally be called a Court of Justice or a House of Parliament in any sence, as clearly appears by the 4 part Instit. chapt. High Court of Parliament fo. 1. 366. 46. the King being in Law, as Sir Edward Cook there declares, the head, the beginning, and the ending of the Parliament; and in reason it is impossible, where there is no primitive, there should be any derivative: and therefore I do positively conclude, that the Lords have both by Law and Reason unpowered themselves, and destroyed their House from being a House in any sence, and therefore have not the least shadow or colour of Jurisdiction over me, or any Commoner of England.

And besides I find in the time of this present Parliament many Presidents of the House of Commons, in putting out their extraordinary & necessitated power to redeem and rescue the Commons of England out of the devouring paws of the Lords illegal and usurpeda Jurisdiction over them, as appears, First in Colonel Edward King of Lincolnshire, committed by the Lords to the Fleet, by the power and interest of his then professed adversarie the Lord Willoughby of Parham, and upon his appeal to the House of Commons, in high affront to the Lords pretended Jurisdiction, they released him out of the Fleet about the year 1644.

Secondly Captain Macy belonging to Colonel Manwaring of the City of London, being upon his guard at the Works, seised upon divers letters of the Scotch Commissioners, and broke them open, about which the Commissioners grievously complained to the Lords, who thereupon clapt the said Captain by the heels in the Fleet, and my self with divers others being Solicitors for the Captain to the House of Commons, they honorably to him, and in high contempt of the Lords usurpations delivered him out of prison about the year 1645. and were upon debate to give him a large sum of money for his unjust sufferings.

Thirdly, upon the Lords committing and censuring of me, I appealed to the House of Commons, and they received my Appeal, and ordered me my liberty De die in diem, to follow my Appeal, which in my understanding, is in Law a supersedias both to their Commitment and Judgment.

Fourthly, Mr Richard Overton, who affronted the Lords as much as any man that ever came before them, and protested to their faces against their Jurisdiction over Commoners, and appealed to the House of Commons for Justice against them, and after that appealed to all the Commons of England, and particularly to the General and the whole Army; and yet notwithstanding the Lords approved of his protestation &c. against them, by delivering him by their special order out of the prison of Newgate, without over-ruling him, or punishing him, or his stooping to them.

Fifthly, his Wife and his brother Thomas Overton, walking in some measure in his steps, were justified therein by the House of Commons, in receiving their Appeals; yea and by the Lords themselves, by delivering them without any punishment or judgment out of prison, and without any their stooping or submitting to them. Sixthly, these very proceedings were the case of Mr William Laraer Book-seller, his brother and maid; so that laying all the premises together, it is undeniably evident, that the present House of Lords have not the least Jurisdiction in the world over me or the meanest Commoner of England in any case whatsoever; (for if not in Treason the highest, much less in Misdemeanors the lowest); and therefore all their fines uponb Sir John Maynard, Sir John Gayer, Alderman Adams, Alderman Laugham, and Alderman Bunce, for refusing to kneel at their Bar, are illegal, and voyd and null in law and reason both, for all the Lords proceedings with them from first to last, are coram non Judice, and the Lieutenant of the Tower &c. liable at Law to make them satisfaction for his unwarrantable executing of their illegal and unbinding Orders and Warrants upon them: And indeed, to speak the truth of the arbitrary and tyrannical proceedings of the House of Lords, they are so illegal and irrational,c that to set them up in the way they have lately gone in is to pull down all the Judicatures of the Kingdom, and to destroy all the Laws of the Land (in the destruction of which there is a perfect levelling of meum & tuum which is totolly overthrown thereby) and it is also a re-edifying of an arbitrary, tyrannical, unlimited and unbounded Government (worse then Empsons and Dudleys, Straffords or Canterburies, for which yet they all lost their lives) many stories higher then ever the Star-Chamber, High Commission, or Councel Table were, (which yet were arbitrary enough, as appears by the Acts made 17. Car. Rex, for abolishing them) and indeed it behoves all the rich men of England well to look about them in reference to the Lords: For if a company of men, by vertue of their being made Peers by the King or his will and prerogative, may at their pleasure and wills, without all shadow of Law or Justice, fine one Commoner of England more then he either is or ever was worth (as they have done me, upon whom they have set a fine of 4000 l.) by the same rule of right reason and Justice, they may, at their pleasures, rob all the rich men of England, by Fines, of all that ever they are worth; yea, and by the same reason and justice, share it and divide it amongst themselves, and so have better places abundantly of it then ever the Earl of Dorset had, by being a privy Counsellor and Judg of the Star-Chamber, which yet, if some that well knew him, belie him not, was worth many thousand pounds, per annum, to him in an underhand way; and besides, if the Lords can persevere, and hold on, as they have lately begun, the King was very unwise to call a Parliament, and of, and from them to seek for subsidies, seeing the workmanship of his own hands, (the Lords; by vertue of their having his prerogative stamp upon them,) is able to fine by their wills, a Commoner of England more then he is worth; and therefore may much more legally fine all the Commoners of England at their pleasure, a quarter, half, three quarters, or all they are worth, and so fill the Kings (or their own) Cofers at their pleasure full, and get in to them all the money of England; therefore let rich men look about them in this particular, and in a second regard also, more dangerous then this; forasmuch as it concerns life, let, all men, I say, look well about them, for I am confident of this, that I suffer so much Barbarism from Cromwel, and his Creatures, who are not willing to come to a tryal with me, for the Leiutenant of the Tower hath already denyed me the benefit of the Law of England, in not obeying my first Habeas Corpus, and would not suffer me without fresh strugling to come to a legal tryal, and thereby have before the fun convicted themselves of wickedness and unrighteous dealing with me, for saith Christ, John 3. 20. Every one that doth evil hateth, the light, neither commeth to the light, lest his deeds should be reproved or discovered; I say, I am confident I suffer so much from Cromwel &c. for opposing and throwing down the Lords Tyranny, which he did, and still (is evident) he doth intend to make the arbitrary (yet seeming legal) ax to chop off the head of every man in England, he hath a mind to destroy any otherwise then by wilful murder, as he did Richard Arnal at Ware: and having been under God, the chief Instrument to break him of that damnable and wicked design, he and his Creatures, therefore are as mad at me as so many mad men, &c. Although they have done so much already in destroying the Law, and setting up Arbitrary Tyranny, that I will make it good with my life, divers of them, viz. of the House of Lords, &c. better deserve Tower hill, therefore, then ever Srafford did; but what a company of foolish, silly Creatures are Cromwel, and his confederate Grandees, who would pretend to give those Commoners of England a tryal according to Law and Justice, whose lives they would take away by a tryal before the Lords,* when as men that know the Law of England, fully knows, that if the present Lords were a true House of Lords, (as before I have fully proved they are not) yet they were not able legally to try one of themselves, for though the body of their House (in case they were twelve or eighteen, and under they cannot be) should be in the nature of a grand Jury, and petty Jury, and so the Judges of matter of Fact, yet they must have a Judg of matter of Law too, and that must be a Lord high Steward, which they neither have, nor are able legall, to make, and therefore have no colour of power in Law to try one of themselves, much less a Commoner, that is none of their Peer or equal, whom the Law hath again and again expresly prohibited them to meddle with; but enough for the Lords at present, and now two things more distinctly for the House of Commons.

First, admit, they had a Jurisdiction in executing the Law, (which I have before already fully proved they have not) yet all Courts of Justice established by Law in England, are bound and tyed to Judg no man but by witnesses, sworn according to the Law, they being the evidence to the Jury and Judg, 3. part instit. fol. 163. But they never put Masterson, my accuser, to his oath, in his Information he delivered against me, (although he were but a single informer, never any man of all the large company besides himself appearing against me,) I and therefore no shadow or colour for the House of Commons to adjudg or condemn me to prison thereupon, seeing no man whatsoever can be condemned by any Court in England without witnesses, sworn against him according to Law; but if he had delivered what he did deliver against me upon his oath, it had been never the legaller, because they have no power, nor never had to administer an oath, and therefore cannot by the Law of England in the least pretend any Jurisdiction over me in cases Criminal, or any power at all to commit me to prison; for where the Court hath no authority to hold plea of the Cause, there all proceedings are Coram non Judice, and there perjury (though Masterson had sworn never so falsly) cannot be committed; and so against all reason, a man is left at liberty to say without fear of punishment what he please, because it being not in a Judicial Proceeding, no perjury can be committed by Law; and that the House of Commons hath no power to administer an oath is evident, in that the Law gives them none, nor they never practised it; and therefore, if they would now put it in use, they cannot legally of themselves now begin to do it: For as learned Cook saith in his Chapter of perjury, 3. part. instit. fol. 165. An oath is an affirmation or denyal of any thing lawful and honest, before one or more, that have authority to give the same for advancement of truth and right, calling Almighty God, the searcher of all hearts, to witness that his Testimony is true, so that (saith he) an oath is so sacred, and so deeply concerning the Consciences of Christian men, as the same cannot be administred to any, unless the same be allowed by the Common Law, or by some Act of Parliament; neither can any oath (saith he) allowed by the Common Law, or by Act of Parliament, be altered, but by Act of Parliament, no nor a new oath raised, and therefore he declares it to be a high contempt of the Law of England, for any man to administer an oath without warrant of Law, and to be punished by fine and imprisonment, and of alla oaths in use in England: This oath of Confirmation, for deciding and ending of Controversies, is the only and alone warrantable oath by the Law of God, Mat. 5. 34, 35, 36, 37. and Heb. 6. 16, 17. James 5. 12. And as for other oaths, I know no use in the world of them, for those men that do not love things that are excellent, for the excellency inherent in them, will never love nor honor them for oaths sake.) But the House of Commons wanting a legal power to administer an oath, it is a clear demonstration and proof, that they have no power or Jurisdiction at all in Law, to decide Controversies betwixt a man and his neighbour, especially in times of peace, when all the ordinary Courts of Justice are open, and therefore have no shadow or colour in Law to adjudg or commit any man that is not a Member of them to prison.

And inb the second place, That the House of Commons have no judgment or Jurisdiction by Law, clearly appears by their own confession in the roul of Parliament, in the 1. H. 4. Membr. 14. Num. 79. which this present April, I had under Mr. William Riley, the Record-Keepers hand, which at the Bar I am ready to produce, and which thus in English verbatim, followeth.

The third day of November the Commons made their Protestation, in manner, as they made it at the beginning of the Parliament, and over and above declare to the King, That forasmuch as the Judgment of Parliament belongs only to the King, and to the Lords, and not to the Commons, unless it please the King, of his grace especially shewed them, that the said Iudgment was for their ease, and no record shall be made in Parliament against the said Commons, that they are, or shall be, parties to any judgments given, or to be given hereafter in Parliament. To which was answered, by the Archbishop of Canterbury, by the Kings command, that the said Commons shall be Petitioners and Demanders, and that the King, and the Lords, at all times, have had, and shall have by right the Iudgment in Parliament; in manner, as the said Commons have shewed, unless it be in Statute affairs, or in grants and subsidies, or in such things and affairs for common profit of the Kings Realms, the King will have their especial advice and assent, and that this Order be kept in all times to come. And so much at present for the 2d essential of a warrant.

And now I come to give a touch, and but a touch only upon the third ingredient to make a mittimus lawful, and that is, that it be under hand and seal, expressing the office and place of him which makes it, unless the party be committed in the sight of the Judg, sitting in open Court, but there is no seal to mine, and therefore it is illegal, for I was not in the view of my pretended Judges when they committed me.

But Mr. Justice Bacon, I come to the fourth thing, upon which, at present, as one of the principal essentials, I shall stifflly stand, which is, That the warrants of my Commitments, both from Lords and Commons now returned before you are illegal, there being nothing but generals laid unto my charge by them, which is no charge nor crime in Law; and therefore, both my warrants wanting a legal and a particular cause in them, there is no colour in Law to keep my body in prison by vertue of them. Now to prove that Generals are no crimes nor charges in Law, though the dayly and continual practises of all the Courts of Iustice in England prove it, yet for illustration sake. I shal crave leave to alledg some legal Authorities. And in the First place, I shall begin with the Judgement of Sir Edward Cooke upon the Statute of breaking of prisons, made 1 Ed. 2. who in his 2. part institutes fo. 591. expresly saith, ‘seeing the weight of this businesse touching this point, to make an escape either in the party or in the Goaleurs Fellony dependeth upon the lawfulnesse of the Mittimus, it will be necessary to say somwhat hereof. First, it must be in writing, in the name, and under the seale of him that makes the same, expressing his Office, place, and authority; by force whereof he makes the Mittimus, and it is to be directed to the Goaler, or Keeper of the Goale or Prison. Secondly, it must containe the cause (as it expresly appeareth by this Act,* unlesse the cause for which he was taken, &c.) but not so certainly as an indictment ought, and yet with such convenient certainty, as it may appeare judicially, that the offence requires such a judgement; as for High-Treason, to wit, Against the Person of ovr Lord the King; or for the countersetting of the money of our Lord the King, or for petty Treason; namely, for the death of such a one, being his Master, or for Fellony, to wit, for the death of such a one, &c. or for blurgary, or robbery, &c. or for Fellony; for stealing of a horse, &c. or the like, so as it may in such a generality appeare judicially, that the offence required such a judgement, and he there further goes on & gives divers arguments & reasons, & scites abundance of law authorities to prove, that a particular cause, ought by Law to be expressed in every Mittimus or Warrant of Commitment.

My second proofe to prove generalls, are no charge in Law, is the deliberate and resolved opinion of all the Judges of England in the 3. yeare of King Iames, (which was a time of full peace; wherein the law had its free currant, without the threates of Marciall or the checks of Prerogative arbitrary power, and therefore the Judgement is of more weight) who in their answer to the 22. object on or article of Archbishop Bancroft, and to the whole Clergy of England, hath these very words, ‘we do nor, neither will we in any wise impugne the Ecclesiasticall authority in any thing that appertaineth unto it, but if any by the Ecclesiasticall authority, commit any man to prison, upon complaint unto us that he is imprisoned without just cause, we are to send to have the body, and to be certified the cause, and if they will not certifie unto us the particular cause, but generally without expressing any particular cause whereby it may appeare unto us to be matter of ecclesiasticall cognizance, and his imprisonment be just, then we do and ought to deliver him and this (say the Judges) is the Clergies fault and not ours, and although some of us have dealt with them to make some such particular Certificate to us, whereby we may be able to judge upon it as by Law they ought to do, yet they will by no meanes do it, and therefore their errour is the cause of the thing they complaine of, and no fault in us, for if we see not a just cause of the parties imprisonment by them, then we ought and are bound by Oath to deliver him, and sutable to this is their answer to the Clergies 21. Article, which Articles and answers are recorded in 2. part instit. fo. 614. 615. 616. My 3. proofe to prove that Generalls are no crimes in Law, is out of the 4. part instit. fo. 39. where the Lord Cooke expresly saith, ‘That a man by law cannot be attained of High-Treason, unlesse the offence be in Law high treason (for where there is no law there can be no transgression, Rom. 4. 15.) he ought not to be attainted by generall words of high treason by authority of Parliament (as sometime hath been used) but the high treason ought to be specially expressed, seeing that the Court of Parliament is the highest and most honourablest Court of Justice, and ought (as hath been said) to give example to inferiour Courts. And besides, all this seemes to me, to be clearly and evidently held forth by those 2. notable statutes, viz. The Petition of Right, 3. Car. Rex, & the Act that abolished the Starre-Chamber in 17. Car. Rex, So that from all that hath been said to this 4. head alone, I am confident, I may in Law challenge my liberty and freedom from your honours hands without bayle, as my undoubted and unquestionable right by Law, and which you neither can, nor ought by Law to denye unto me, seeing that by both the Warrants of my Commitments, I am rendred a just and an innocent man, there being by them not the least pretence of a legall crime laid unto my Charge, for Generalls is (as is already fully proved) no Charge nor crimes in Law; And also hath been so adjudged and declared by the present two Houses of Parliament, as if it were requisite I could &illegible; fully unto you, & 3. instances at present, I shall only give you, viz. the 5. Members, and the Lord Kimbolton, and the Lord Major Pennington, and the late 11. Members, whose cases you may reade 1 part. Booke Decler. pag. 38. 77. 201. 845. but being I am here principally to pleade Law, and not Ordinances, I shall for beare to inlarge my selfe thereupon, and yet before I conclude, shall with your Honours leave, speake a few words, to the fist and last ingredient to make a &illegible; lawfull.

Viz. That it have a legall conclusion, in these words, and him safely to keepe, untill he be delivered by due course of Law, and not for 7. yeares, nor untill the party committing doth further order, which legall conclusion is wanting in both my Commitments, and therefore illegall.

Which most desperate Cõmitments being illegall in all the 5 essentialls, I may call and doe call them impoysoned Arrowes, shot through the principall vitall of Englands liberty; (but here both the Judges interrupted me to the purpose, and would not let me goe on with my Retorick, so that I was necessitated for leare I should not be suffered to plead my conclusion, which I looked upon to be the strength of all my work, & therefore was forced to skip over divers leaves to the objection,) and the cheife authors of them not deserving, to be named or stiled the patrons of their Country, no not so much as well wishers to the liberties thereof, for here is Law, equitie, and Justice dethroned, and absolute will, or blinde lust challinging the proper imperiall seate of England, the Commitments drawes the black line over the name of Englands Freedom, yea, the line of confusion upon the Kingdom, if the Parliament, or both Houses, shall thus actually avow, that they are to governe loose without the restraint of any lawes (mocking the Kingdome thereby, in making Judges to execute the Law) yea, and absolved from all Laws of government, as though it were in their power to dispose of the persons of all the people of England at there will and pleasure, the granting or challenging of which, can be no lesse, then the absolute distroying of all the mutuall relations and dependancy in a Kingdom, or common wealth, yea, & the levelling of all termes of destinction betwixt ruler & ruled, yea hereby the very foundation of property of meum & tuum is totally overturned, & no man can call any thing he possesseth his owne; for my person is nearer to me then my Estate, and he that at his will may dispose of my person, may much more at his will and pleasure dispose of my Estate, And therefore Mr. Justice Bacon this manner of imprisoning, is no better then a two edged sword, whereby the liberties of England is mortally wounded, if not actually cut in peeces, and the Prime Authors of these Commitments in the eye of God, and all rationall men, deserve the highest & exempliariest, of punishments, in thus subverting the very bases and foundations of government, & so unavoydably imbroyling the Kingdom a new in Warrs, to preserve themselves from totall vassellage or distruction; especially, considering that they themselves have done these things, after they themselves have chopt off the heads of Straford and Canterbury for the very same things: and therefore by the strength of reason (if there were no other law in being) they deserve their own executed punishment. Againe, the Law never instituted a Goale for punishment and destruction, but for a place of safe keeping of a crimmall person, that could find no better bayle, where he ought to be kept and intreated with all humanitie, civility and respect, till he be brought to a speedy tryall; all Goales in England by Law being to be delivered 3. times a yeare at least, or more oftener it neede require.* But I have been almost two yeares in prison, and never to this houre had any legall Crime laid unto my Charge, nor cannot be suffered to come to a legall Tryall, though to my extraordinary expences, toyle, hazard, and trouble, I have indeavoured it withall my might; but cannot be admitted to have any benefit of the law which I do averre is the highest of tiranny, being kept in Goale in a languishing condition worse then any suddaine death, being ever dying and yet not dead.

And therefore I do positively averre, that the Arbitrariness of the Conclusions of my Commitmants, is that wich strikes the Fatall &illegible; through the heart Roote of Freedome, and Justice; yea it overturnes overturnes the Foundations of the Kingdome, this very single act, if drawne into president hath a seminall vertue in it, whereby is contained in its selfe, all the distinct species of injustice, whereof the Sun was ever yet spectator.

Yea, this arbitrary Commitment doth Ipso facto enervate, yea evanuate, & null all established lawes of the land, & renders all rowles & records, no better then waist papers, fit for nothing but to light Tobacco Pipes; for to what purpose serves Magna Charta, the Petition of right, and other wholsom Lawes; which say, no man shall be imprisoned, past upon &c. or any other wayes destroyed, but by the Lawfull Iudgement of his equalls, or by due processe of Law, when as the rule to punish supposed or &illegible; transgressors, shall be mens wills & lusts, as in my case by my Commitments, &c. it is, so that if 500. men shall assume and arrogate to themselves the absolute dominion over the people of the Land, then it may be England shall have 500. distinct lusts unto which they must conforme their actions.

And sure I am, that the dealings of the Lords and Commons with me, demonstrated by their orders of committments, flowes not from any power given them, either by the Law of the Land, nor from the Indentures betwixt them and their chusers, no nor yet from any word or clause in the Writ of there summons or Elections; and therefore fourthly, it must flow from there Crooked &illegible; depraved vvills, and Arbitrary Pleasvres, by which with naked faces they declare themselves to be limitted by no boundary, unaccountable and obnoxius to no censures for any possible abuse whatsoever that can be committed by them, for by these committments they evidently declare there is no rule whereby to measure the rectitude or obliquitie, justice or injustice of their Government and actions, and by consequence they are under an impossibilitie to render an account of their wayes and doings (and so by consequence, the people of England are in the absolutest roadway of perfect slavery that is upon the earth) this the Parliament, or the Lords and Commons would have the World to believe they abhord in the King, as appeares by there last declaration against him, in which they shew the reasons of their votes not to make or to receive, any addresses to, or from him, for in Page 12, they say the King hath laid a fit foundation for all tiranny, by that most destructive maxime of his, viz. that he oweth no account of his actions to any but to God alone, but by the warrants of my cõmitments it seemes, this wicked and heathenish Maxim, is Iudged by the makers thereof not to be to sweete a morsell for their own Pallets, though in their said declaration they judge it to sweet for the Kings; and therefore to conclude this point if this honorable Court of Justice, the Judges whereof are sworne to Judge according to the Law, and not lust, will nor pleasure, will Judge these arbitrary Committments of mine to be legal, then I make my humble desire unto you the Judges thereof, that you would cousen and deceive the people of the Kingdome no longer, by assuming unto your selves the name of Judges of the Law, but rather translate your Titles into the name of Judges of lust, will and pleasure, that so the people may expect the legall administration of the Law, no longer from you: and so I have done with the Fift, and last ingredient to a legall Mittimus. Now Mr. Justice Bacon, seeing it is objected both by you, and Mr. Justice Roll, that my Commitment from the Lords, is rather a Sentence, Judgement, or Decree, &illegible; a bare Mittimus, and therefore being a judgement by the Lords, a higher Court, for 7. yeares imprisonment; I cannot be delivered by this Court, which being inferiour to it, cannot reverse it, nor be Judges of it.

To which Mr. Justice Bacon, I answere, First, I doe not seeke unto you at present for reversement of my Sentence, which is 4000. l. fine, and perpetuall disfranchisement of the Liberties of an Englishman, as well as seven yeares imprisonment: But I come unto you as Judges of the Law (who are sworne impartially to doe me Law and Justice, notwithstanding any command whatsoever, by any whatsoever to the contrary,) for my personall liberty, which is my undoubted right by Law, for any thing that judicially appeares before you, upon the Warrants of my commitments. For I have already fully proved unto you, there is not legally the least crime in the world laid unto my charge, and therefore no rules in Law for you to send me backe againe to prison.

But secondly, I answer, that I have already proved the Lords are none of my legall Judges, and therefore all their proceedings with me from first to last, are corum non judici, Yea, even their Sentence and Commitment it selfe, for being it is against the 29. Chap. of Magna Charta, (it is void and null in Law) which expressely saith, That no Freeman shall be taken or imprisoned, or be dissesad of his Freehould, or Liberties, or free Customes, or be Out lawed, or exiled, or any otherwise destroyed, nor past upon, nor condemned by the lawfull judgement of his equals, or by the Law of the Land, which Law of the Land is expounded by the Statute of the 25. Ed. 3. 4. & 37. Ed. 3. 18. and Sir Edward Coke in his 2. part instit. fo. 50. 51. to be by due Processe of Law, viz: That none shall be taken and past upon, &c. by Petition or suggestion made to our Lord the King, or to his Counsell, unlesse it be by indictment, or presentment of good and lawfull men, where such deeds be done, in due manner, or by Writ originall at the Common, Law, being brought in to answere by due Processes, according to the common and olde Law of the Land, all which &c. is confirmed by the Statute that abolished the Starre-Chamber, this present Parliament, 17. C. R. and all Acts, Ordinances, Orders, Judgements and Decrees, made contrary thereunto, or in diminution thereof, are thereby declared, ipso facto, to be null, and voide in Law, and are to be holden for errors and false judgements, which totally &illegible; and overthrowes all Presidents whatsoever to the contrary, yea although the Lords had a million of them. (And excellent to this purpose, is Sir Edward Cookes Commentary upon the 3. Ed. 1. chap. 15. but especially, his Commentary upon these words, viz. Or Commandement of the King, First, faith he, the King being a body politique, cannot command but by matter of Record; for the King commands, and the Law commands, are all one, for the King must command by matter of record according unto the Law. Secondly, When any Judiciall Act, is by Act of Parliament referred to the King, it is understood to be done in some Court of Justice, according to the Law. And the opinion of Gascoine, Chiefe Justice, is notable in this point, that the King hath committed all his power judicall to divers Courts, some in one Court, some in another, &c. and because some Courts, as the Kings Bench, are Coram Rege, and some coram Justiciariis, therefore the Act saith, by the commandement of the King, or his Justices.

Hussey Chiefe Justice reported, that Sir John Markham said to King Ed. 4. that the King could not arrest any man for suspition of Treason, or Fellony, as any of his Subjects might, because if the King did wrong, the party could not have his action: if the King command me to arrest a man, and accordingly I doe arrest him, hee shall have his action of false imprisonment against me, albeit he was in the Kings presence; resolved by the whole Court in 16. H. 6. which authority might be a good warrant to defend his said opinion to Ed. 4.

The words of the Statute of the 1. R. 2. chap. 12. are, unlesse it be by the Writ, or other commandement of the King; and it was resolved by all the Judges of England, that the King cannot doe it by any commandement, but by Writ, or by order, or Rule of some of his Courts of Justice, where the cause dependeth.

And saith Bracton, the King can doe nothing, but what he can doe by Law; So as (saith the Lord Cooke) the command of the King, is as much as to say, as by the Kings Courts of justice; for all matters of Judicature, and proccedings in Law, are distributed to the Courts of Justice, and the King doth judge by his Justices, 8 H. 4. fol. 19. & 24. H. 8. chap. 12. and regularly no man ought to be attached by his body, but either by proces of Law, that is, (as hath been said, by the Kings Writs, or by Indidctment, or lawfull warrant, as by many Acts of Parliament is manifestly inacted and declared, which are but expositions of Magna Charta, and all Statutes made contrary to Magna Charta, which is Lox terræ, from the making whereof untill 42 Ed. 3. are declared and inacted to be void, and therefore if this Act of Westminster 1. concerning the extrajudiciall commandement of the King bee against Magna Charta, it is void, and all resolutions of Judges concerning the commandement of the King, are to be understood of judiciall proceedings, a part insti. fo. 186. 187.)

Therefore Mr. Justice Bacon, it is to no purpose for you to tell me, I am committed by a higher Court, and therefore you cannot legally deliver mee, for I ever unto you and have already sufficiently proved it, that I am commitmitted contrary to Law and Justice, and therefore you being Judges of the Law, and not of Presidents, grounded upon will and pleasure; You are to take notice of nothing but Law, and therefore I demand and require my liberty at your hands, as my undoubted right and due by Law, which you can neither in justice, honour, nor conscience deny unto me.

But admit the Lords to be a superiour Court of justice to the Kings Bench in some cases, yet if they walke beyond their bounds and limits set them by the Law, and meddle with that which by Law they have no Jurisdiction of, in that case they are no Court of Justice, either to you or me, but a company of despisers and contemners of the Law; all whose actions and decrees made and done in such cases, are but meere affronts unto the Law, and unvalid and unbinding, either to you, or me, or any other man in England; in disobedience to which, they by Law are not capable of a contempt or affront, nor cannot legally punish any in such a case, either with fine or imprisonment, as for instance.

First, if a court of SESSIONS, (which is a Court in many cases by Law) questions me for my Freehould, and I give them contemptuous words for medling with that which they have no Jurisdiction of, they by Law can neither fine nor imprison me therefore.

Secondly, the same holds good in the COMMON PLEAS, which is an unquestionable administrative Court of Justice in divers cases, yet if they go about to hold plea of murder before them, if the party refuse to answere them, It is in Law no contempt of the Court, And if the Court shall therefore fine and imprison him, it is illegall, erronious, and unbinding, because in Law they have no Jurisdiction of such cases.

Thirdly, and pertinent to this purpose is BAGGS CASE, in the 11. Part of Cooks Reports, who being summoned before the Mayor of Plimoth. in open Court called him cozening Knave, and bade him come kisse, &c. For which the Mayor Disfranchised him, and it was resolved in Law, that the the Disfranchisment was illegall, and the reason of it was, because it was not according to Law, for that the Mayor in Law had no power to doe it.

Fourthly, sutable to this is the complaint of ARCHBISHOP BANCROFT, and the Judges answer to it, which said Archbishop in his 22. Article to the Lords of the Privie Counsell, in the 3. of King James, complaines against the Judges of the Courts of Justice in Westminster Hall, for affronting the actions, proceedings, and Censures of the High Commission Court, which was erected by Act of Parliament, viz. 1 Eliz. and had power by King Iames his Letters Patants to Fine, and IMPRISON, and yet as he complaines, (as you may read 2 Part. instit. 10. 615. & 4 Part. instit. fol. 335.) ‘The Judges were growne to that innovating humor of late, that whereas certaine lewd persons, (two for example) one for notorious Adultery, and other intollerable contempts, and another for abusing of a Bishop of this Kingdome, by threatning speeches, and sundry rayling tearmes, no way to be endured, were thereupon fined and imprisoned by the High Commissioners, till they should enter into bonds to performe further orders of the said Court, the one was delivered by HABEAS CORPVS out of the Kings Bench, and the other by a WRIT out of the Common Pleas, and sundry other prohibition have been likewise awarded to His Majesties said Commissioners upon these suggestions, that they had no authority to fine or imprison any man &c.

Which practices and doings the Judges in their answers thereunto, justifie to be legall, and no more than that which they are bound unto by their Oath, for that the high Commission had gone beyond the legall power of their jurisdiction, having no power by law to fine and imprison in those cases; and therefore, the Law, being the surest Sanctuary, that a man can take, and the strongest fortresse to protect the weakest of all, is ought not to be denied to the meanest man that demands it, against the greatest seeming legall oppressor, that act of violence or wrong, being most hatefull of all others, when it is done by uncontinuance of justice, and therefore that man which legally indeavours deliverance from it, ought from the Judges of the Law by Magna Charta, to have it freely without sale, fully without any deniall, and speedily without delay, in which regard the aforesaid Judges, did not only justifie their forementioned legall practice, but also fall very soule upon the Arch-Bishop &c. for taxing the Judges and Iustice of the Kingdom, confidently averting, that for lesse scandalls then his, &c. in taxing the Iustice of the Kingdom, divers have been severely punished, And Sir Edward Cooke in the 4 part of his institutes, Chap. of the high Commission Court, in causes Ecclesiasticall, fo. 331. 332. 333. 334. 335. instances divers others, that for notable Ecclesiasticall crimes, were fined and imprisoned by the high Commissioners, and upon demanding their right from the Judges of the Courts of Justice in Westminster Hall, they were relieved and &illegible; by them, by the strength of those nerves and sinewes of the Law Prohibitions and &illegible; Corpusses.

But above all the rost that he there mensions, Iohn Simpsons case in the 42. Eliz. is the most remarkable to my purpose, which Simpson being accused for committing adultery with the Wise of Edward Fuste (over which case by Law the high Commissioners had Iurisdiction) whereupon the high Commissioners issued out there warrant to Richard Butler Constable of Aldrington in the County of Northamton, for attaching and arresting of the body of the said Simpson, which in Law is an imprisonment upon the attachment of his body, and the Constable takes on William Iohnson servant of the said FVSTE to assist him in the serving of his Warrant which warrrant the Constable served upon him and, sad it unto him, notwithstanding the Said SIMPSON resisted him, and in his owne defence (showed him) slew the &illegible; said Johnson, that came in aide of the said Constables, for which he was as a wilfull murderer, Committed to Northampton Goale, and indicted before the Judge by the coroners inquest of wilfull murder, supposeing the said Warrant to Lawfull, but the matter being very mighty, the Justices of assise thought not good to proceed against him at those assises but deferred it till the next assises, at what time after this long time of deliberation, and upon conference with other judges of the law it was resolved, that the statute of the 1 Eliz. gave no power to the high commissioners to make any warrant to arrest the body of Simpson in that case, but that they ought to have proceeded by citation, And therefore going beyond there legall “power (although by the Queens letters patents, expresse authority is given to the high comissioners to send for the body of any offender, &c.) Simpson in killing the said IOHNSON, had committed no wilfull murder, but only defended himselfe and his liberties, and so it was found by the Jury, & he acquitted of murder.

From all which I observe, first, that all Iudges of all Courts of Justice in England, are bound to act within the compasse of there jurisdiction given them by Law.

2 I observe that the Iudges of any Court going beyond their legall Iurisdiction, may, and ought by Law to be resisted, which resistance is no contempt of the law, not punishable by it.

3 That the Iudges of the Law, are bound in duty and concience by Law to judge all causes that comes before them according to Law, which both the single order of the Lords, and the single order of the Commons, is inferiour, or in subordination unto, as well as the royall letters pattents of &illegible; King or Queen, which yet those Noble Iudges according to Law, threw behind their backs, and acquitted the said SIMPSON of Murder, in killing of IONHSON in his doing actions in pursuance, and by vertue of the authority of the said Letters Pattents, And therefore much more ought you to acquit and set my body at liberty without any more adoe from the Lords 7. yeares imprisonment, being their imprisonment of me, though grounded upon their decree or Judgement, is contrary to the expresse declared and constant received fundamentall Lawes of England, and though divers men in former ages, have been so sottish or lestfull, to part with their legall Liberties to the Lords, and have stooped unto their Iudgements, Orders, and Decrees, yet that is no prejudice or hinderance unto me, from the injoyment of mine, who now demands them at your hands as my right by Law.

4. And lastly, seeing as is before undeniably proved, that the King (the Major) is the primitive, and the Lords (the Minor) are but the derivative and seeing it is before also fully proved, that the Letters Pattents of the King, the primative, is not to be set in compitition with the Law, it will strongly and undeniably follow, that the orders of the single Lords, who are but the derivitive, cannot keeps me in prison contrary to the Law; but that they ought by you without any further delay, being illegall in themselves to be judged so by you, as well as the King or Queenes Letters Patents, were by your predecessours, and my body by you to be set at liberty, though it hath seemingly affronted their orders, as well as the life of the said SIMPSON, was saved by your predecessours, although he had slaine the said IOHNSON in affront of their superieurs Letters Patents, and not to necessitate me for my reliefe and preservation to SIMPSONS remedy, which though bloody in it selfe, yet is justifiable by Law and reason, by which I may defend my liberties and life, against all those that in the executing of unjust illegall orders and decrees would rob me of them and if in my own defence to save my life, I be necessitated and compelled to destroy him or them, that without Law would keep me in prison, and so destroy me by famine, or by sicknesse &c. his life be upon his owne score, for in such a case I am free from his Blood, and therefore Mr. Iustice Bacon to wind up all, I shall conclude in the words of learned Sir Edward Cooke in his epilogue to the 4 part of this institutes which I read thus.

“And you honourable and reverent Judges that do sit in the high tribunals and courts or states of Justice, feare not to do right to all, and to deliver your oppinions Iustly according to the Laws: for feare is nothing but a betraying of the succors that reason should afford. And if you shall sincerely execute Justice, be assured of three things.

“First, though some may maligne you, yet God will give you his blessing.

“Secondly, that though there by you may &illegible; great men and favourites, yet you shall have the favourable kindnesse of the Almighty, and be his favourites,

“And lastly, that in so doing, against all scandalous complaints, and pragmaticall devises against you, God will defend you as with a shield; for the Lord will give a blessing unto the righteous, and with his favourable kindnesse he will defend him as with a shield.

And now dear Sir, having done with my set speech, being often as before I declare, interrupted by both the Judges, and compelled to skip over divers remarkable things in it, as I have before also noted and declared, which in my judgement was not fairely not justly done of the Judges unto me, who ought to have given me freedom of speech,* and then to have judged what I said; so as soone as I had done with a conge made unto them both, (though I confesse I spoke most commonly to Mr. Justice Bacon, because I judged him to be the corum; or the senior) I said now Sir, I have done, and shall submit what I have said and pleaded unto your Judgements and Consciences, desiring that if you conceive the businesse to be of that weight, that it requires any more debate, that you will take the time of 2. or 3. dayes seriously to consider of it: whereupon Judge Bacon asked me, if I had any counsell to maintain what I had said, and I told him no, neither did I need any; for I was able enough my self to do it, and did offer him not only in Law, but with my life to make it good; professing unto him, that I was very confident, that Lawyer was not in England, that durst, or would say, one quarter of that for me, that now before them I had said for my self, because my adversaries were transcendantly &illegible; who by their wills and pleasures, had in some kind destroyed men of more power and greatnesse, then all the Lawyers at the Bar; and therefore Sir, though I am acquainted with some Lawyers, that sometimes plead at this Bar, yet peradventure, my respects and obligations may be such unto them, that is cannot stand with honour, justice, or conscience, for me to desire them to &illegible; my cause, seeing I am confident, they cannot do it with safety, and for me to expect that from them, or put that upon them, that in mine owne conscience I do verily believe will be their ruine in their practise and livelyhoods, when I am not able in any reasonable manner to require them, I should in my owne thoughts, render my selfe the basest and unworthiest of men.

Whereupon Mr. Justice Bacon, begun to speake and to make a kind of reply or answer, unto divers of the things I had insisted upon, and told me, that Sir Edward Cooke, in the 4. Part of his &illegible; whom he did see I had very much studied, saith, That no inferiour Court could meddle to question Judgements of Parliament, and after a pretty large speech, told me, I was committed upon a centence from a Superiour Court, whose judgements by Law, they neither were able, nor could &illegible; and therefore must of necessity &illegible; me back again, and after he had done, I replyed, Sir, it is true, the Judgements of Parliament is not to be questioned by inferiour Courts, alwaies provided, they meddle with that, which by Law appertaines to the Judgement of the Parliament, which the executing of Lawes, in the Originall Judgeing and desiding of deferences doth not the least; And besides, Mr. Justice Bacon, you doe not, I hope, in Law Judge the Lords House singly, or the House of Commons single, to be the Parliament; true it is sir, severall statutes in Queene Elizabeths time, as the 27. Chap. 8. & 31. ch. 1. provides, That if any find himselfe agreeved by false judgements in the inferior Courts, he shall, if he please, by a Writ of Error, sue in the high Court of Parliament (which I cannot beleeve in Law is meant the Lords House&illegible; single) for the further and due examination of the said judgement, in such manner, as is used in erroneous judgments in the Court of Kings Bench; but the law gives not the Parliament, much lesse the single House of Lords, the least cognizance in the world, originally to meddle with any thing betwixt party and party, and if they doe, I am sure by the law in force at this day, it is corum non judicii; but the Lords originally summoned me to their Bar, be for any charge exhibited, or any indictment preferred, or any visible complanant or prosecutor appearing, and their high commission and Spanish Inquisition-like, examined me upon interrogatories, and so committed me to prison, for which they have no shadow of ground in law: Whereupon Mr. Justice Roll stept up, & confirmed that which his Brother Bacon had already said, telling me, that the Chancery, and the Court of Admirals proceedings were diverse from those statutes I had alleadged, as well as the proceedings in Parliament were, and yet were Lex &illegible; and it is positively (said he) the law of the Land, that an inferiour court as ours is, cannot reverse the judgment of a superiour Court, as the Lords are, which we must of necessity do, if we should release you, which we cannot doe if we would, without medling with the merit of the cause from the beginning, and then the way ought to be by writ of Errour, which said he will not lye in this Court, in a Judgment given in the Lords House; and therefore you must rest content, & it had been well for you, you had pleaded these things before the Lords in your plea there aaginst their jurisdiction; Sir, said I, I did so, and they sent me to prison therfore, & not only so, but in Newgate close imprisoned me therefore, and Would not suffer my wife to come into the Prison yard, so much as to speak with me; I also appealed to the House of Commons: and solely put my selfe upon their Justice and Judgement, but I found them, for almost these two years together deaf, both unto Justice, Law and reason; and now as my last legall refuge, I come to you, after I have been almost two years in Prison for nothing, as clearely appeares by the whole return, which only consists in generals, & generals are no crime in Law; therefore Sir, J beseech you, tell me whether the Law of England be so imperfect, that it hath provided no remedy, to preserve a man from destruction, by lust, will and pleasure, but if it have not, then Sir, I must ingenuously tell you, so much am I an Englishman, and free from the principals of slavery, that though I have suffered, and undergone with some kind of patience, almost two yeares imprisonment, without any cause, but onely by the power of lust, will, and pleasure, that I professe before you both, and this whole auditory, that were I this day put to my choise, I had rather chuse to combate one by one, with 20. of the stoutest men that steps upon English ground, though I were sure to bee cut in a thousand pieces thereby, then willingly to be Captived in &illegible; two yeares longer, by the power of Lust, will and pleasure, without the hopes of any remedy but from those that tyrannize over mee, FOR TO BE A SLAVE IS BELOWE ME, or any man that is a man, but if this be good Law which you, declare unto me then, perfect slaves are we indeed.

Again Sir, is for that Law of Parliament you talk of, I had thought England had had but one Law to be governd by, & &illegible; that had bin a visible and a declared Law, and not a Law in mens breasts, not to be knowne till they please to declare it, and then when they do it shall every day crosse it self, and ebbe and slow according to successe. Sir, this is no Law at all, and therefore, &illegible; can bee no transgression against it, but if you mean a Law in being, but yet kept so close in holes and corners that none can come to see it, or read it, but only the executors of it, this is as bad as no Law at all, and as good living in Turky, as under such an unknown Law: But Sir, to lay aside all these dubious disputes about Jurisdiction, and Parliament Laws, and Laws in the ordinary Courts of Justice; and suppose the Lords have a power of Jurisdiction in the present case to sentence me, if really I had committed a crime, and suppose (but no more) that you are an inferiour Court, and cannot legally reverse or take cognizance of their Judgments, yet I desire to keep you close to my return, which &illegible; &illegible; that I am imprisoned for nothing, and thereby rendred an innocent and just man, and therefore I demand positively your judgments in that, whether it be so &illegible; no; And secondly, whether the Law hath not provided a remedy for me, &illegible; for my deliverance from under any power in England, in case I be imprisoned by &illegible; for nothing; unto which, as I remember, both the Judges spoke to it in the foregoing manner, and if I wrong them not (which I would be very &illegible; to do) in the conclusion of their speeches, both of them &illegible; confessed, that by my return it did appear. I was imprisoned without any crime in law, laid unto my charge, but yet being committed by a superiour Court the Lords, and that upon a sentence they could not in Law relieve me. Whereupon I earnestly pressed to be heard but a few words more, which was granted, and I very soberly said, Mr. Justice Bacon, I have been forth in service to fight for the Laws and Liberties of England, against these men that the Parliament made me and divers others believe, would have destroyed them, and I was I confesse, very &illegible; to presse others to do us I did; But Sir, had it then been told me by &illegible; that &illegible; me at work, or had &illegible; my own breast believed &illegible; that the issue of all our fightings should have beene centured in making the people of the Kingdom slaves, or that all our fighting should have contributed to nothing so much, as to inable a company of &illegible; &illegible; here at Westminster, called LORDS and COMMONS, &illegible; by their lusts, wils, and pleasurer, to have raigned and ruled over us, I would have been so far from killing of Cavaleers, that I would rather with my own hands have beene &illegible; own executioner, then to have murdered men to satisfie the lusts of others: But seeing it is as it is, and that I have been so grosly mistaken in these mens promises, &illegible; Declarations, and ingagements, which now they judge &illegible; nothing, but have &illegible; them all behind their &illegible; I shall recent my &illegible; in beleeving of them, and perswading others to doe I, and shall desire to be setled in that which is truth, which is now to beleeve them &illegible; more, and instead of being zelous to provoke the People to stand up for &illegible; Lawes at their commands, I shall be very sorry for that error or mistake, or I clearely see there is none in England of any more strength then a piece of soft wax, nor the People by there great Lordly promises, were never intended other then to be Vassels, and slave,* and therefore Sir, I shall now convert all my &illegible; to presse all the Commons of England out of all the Counties thereof, to hasten up to Westminster to the Lords House, and there &illegible; their dore suffer the Lords to bore them through their &illegible; &illegible; their Vassels and slaves, being their actions &illegible; and dayly declare, they never intended them any freedom, Law, or Justice, and absolutely it is a vaine thing, and time meerely lost from their hands to expect any; so Judge Roll, concluded and said they were upon their Oathes, and as Judges of the Law, they could do no other that &illegible; me to prison againe, unto which &illegible; stooped, and came away, but had much &illegible; to get out of the Hall, by reason of the extraordinary crowde.

And the next day sending to see what was entered in the booke about me, the &illegible; &illegible; &illegible; &illegible; me a paper in these words.

&illegible; after five weekes of Easter in the 24. of King Charles.

Tower of London. } Iohn Lilburne Gentleman brought here into the Court upon an Habeas Corpus, by Robert &illegible; Esquire, Lieutenant of the Tower of London, and the &illegible; of the said Habeas Corpus, being read, he being committed by the Lords and Commons &illegible; this Parliament of England assembled, it is &illegible; that &illegible; shall be &illegible;

O superlative Justice, was ever any man committed or remended to prison before? by those Judges that in open Court declare he hath been already &illegible; 2. yeares in prison for nothing? and now also they have no crime to lay to his charge, which is my case; but to draw to a conclusion, I desire to fulfill my promise, and give you a sight, of the returne which thus followeth.

J Robert Titchbourne Esquire, Keeper of the Tower of London, according to a short Writ of our Lord the King, to this scedule annexed, &illegible; That Iohn Lilbourne Gentleman, in the said Writ mentioned, was committed, and is detained in my custody, by &illegible; of an Order made the eleveth day of Iuly, 1646 by the Lords in the present Parliament of England, assembled, and then &illegible; the tenour and scope of which Order followeth in these words.

Die &illegible; &illegible; &illegible; 1646.

ORdered by the Lords in Parl. assembled, That John Lilburn (being sentenced by this House) shall for his high contempt and misdemeanour done to this high Court, according to the said &illegible; stand committed to the Tower of London, for the space of 7. yeares next after the date hereof. And that the Lieutenant of the said Tower of London, his deputy or deputies are to keepe him in safe custody accordingly; And that he do take care that the said L. C. John Lilburn do neither contrive, publish, or spread any seditious or libelious Pamphlets against both or either Houses of Parliament.

Iohn &illegible; &illegible; Parl.

To the Lieutenan of the Tower of London, his Deputy or Deputies.

And further I certifie our Lord the King, that afterward, to &illegible; upon the &illegible; day of Ian. 1647. It was ordained by the Commons in the said Parl. assembled, &illegible; followeth in these words, Die &illegible; 18. Ian. 1647. Resolved &c. That the Lieutenant of the Tower be hereby required to bring up to the &illegible; of this House, to morrow morning at nine of the Clock. L. Coll. Iohn Lilburne, his &illegible;

&illegible; &illegible; &illegible; Parl. D. &illegible;

By vertue of which, I the said Rob: &illegible; the said Iohn Lilbourn brought up to the said House of Commons in the said Parl. assembled, by &illegible; afterward, the said Iohn Lilburne was againe committed, to wit, upon the 19. day of Jan. 1647. to my custody, and in like manner is detained by &illegible; of an order made by the said Commons in Parliament assembled, the &illegible; of which order followeth in these words.

By vertue of an Order of the House of Common, these are to require you to receive from the Sergeant at Armes, or his Debutie. the body of L. Col. John Lilbourne, into the Tower of London, and him there to &illegible; in &illegible; Custody, as your Prisoner, in Order to his tryall according to Law, he being &illegible; for treasonable and seditious practices against the state, and &illegible; &illegible; &illegible; this shall be your warrant.

Dated Jan. 19. 1947.

Will. &illegible; &illegible;

To the Lieutenant of the Tower of London.

The said Iohn &illegible; is also detained in my &illegible; by &illegible; of &illegible; Order &illegible; by the said Cõmons in the said Parl. assembled, the &illegible; of which Order followeth &illegible; &illegible; Die Martis &illegible; April 1648 Resolved, &c that the &illegible; &illegible; of London, Col &illegible; &illegible; &illegible; and, do continue in the Tovver vvithout being removed from thence.

H. &illegible; &illegible; Parl. D. C.

These are the &illegible; the keeping and detaining the said Iohn &illegible; in my custody, &illegible; &illegible; before our Lord the King, at the day and place in the said vvrit contained, I have ready, as by the &illegible; vvrit &illegible; commanded Robert &illegible; Keeper of the Tovver of London.

So deare friend, with any service presented to you, I rest, yours faithfully, John Lilburne.

Tower the 15. of May. 1648.

FINIS.

Endnotes

 [(a) ] Exod. 18 21. & 23. 2. 6. 8. Deut. 1. 16. 17. & ch. 16. 19. & 25. 1. & 2 Chro. 19. 6. 7.

 [(b) ] Esa. 1. 23. 24. & Jer. 5. 28. 29. & 22. 16. 17. 18. & Amos 5. 12. & 6. 12. 14. Mic. 3. 9. 11. & Zek. 8. 16. 17.

 [(c) ] 1 Part. insti. Sect. 438. fo. 260. & a Part. instir. fo. 42. 43. 46. 55. 56. 115. 186. 189. 190. 526. & 4. Part. instit. fo. 168.

 [(d) ] a Part. instit. fo. 52. 53. 315. 318. 591. 615. 616. and 1 Hart Book declar. pag. 38. 77. 201. 845. and the Votes upon the impeachment of the 11. Members, and the Petition of right, 3 C. R. and the Act that abolished the Star-Chamber, 17. C. R. Printed in my Booke, called The Peoples Prerogative, Pag. 22. 23. 24. 25. 26.

 [(e) ] See the 14. and 29. Chapters of Magna Charta, and the exposition upon them. 2 Part. instit. fol. 29. 46. &c. and the Petition of Right, and the Act that abolished the Star-Chamber, and Rot. Parl. 5. R. a. num. 45. & Rot. Parl. 1. H. 4: Mumb. 14. numb. 79. & 5. H. 4. chap. 6. & 11. H. 6. chap. 11. & 23. H. 6. chap. 11. & 15. & 4. H. 8. chap. 8. & 1 & 2 P. & M. chap. 10. & 4 Part. instit. fol. 25. and 1. Part Booke Decl. pag. 48. 278.

 [(f) ] 5. Ed. 3. ch. 9. & 25. E. 3. ch. 4. & 37. Ed. 3. ch. 18. & 38. E. 3. ch. 9. & 41. Ed. 3. ch. 3. & 11. R. 2. ch. 6. & 2. part instit. fo. 46. and Petition of Right, and the Act that abolished the Starre-Chamber.

 [(g) ] See the 14. and 29. Chapter of Magna Charta, and 2. part instit. fo.29. 46. 50. and the Petition of Right, and the Act that abolished the Starre-Chamber, and the case of the Corporation of Cambridge, Rot. Parl. 5. R. 2. Num. 45. and the notable Plea of A. B. a Citizen of London, pag. 24. and &illegible; part. insti. fo. 25. and 1. Ed. 6. ch. 12. and 5. and 6. E. 6. ch. 11. and 13. Eliz. ch. 1.

 [a ] Here Judg Bacon interrupted me, and told me they could not suffer the Lords to be arraigned before them in that manner that I did, and therefore pressed me to cease all such expressions, unto which I replied, Mr Justice Bacon I cannot make my legal defence for my self, unless I speak against the non-Jurisdiction of the Lords, but to shew my respect to you, I shall avoyd all harsh words as much as the weightiness of my business will suffer; and therefore Mr Justice Bacon, I humbly intreat you I may be suffered to go on, and then when I have done, pass your Judgment upon my defence; so I went on.

 [b ] Here I was necessitated, by reason of the Judges often falling foul upon me, to express my self in general words, in this manner, and therefore all their fines upon any of the Commons of England, for not obeying their Warrants or Orders, in order to tryals before them, and refusing to &illegible; at their Bar in contempt of their Jurisdiction, are illegal, and null and voyd in Law, and all those Goalers, Officers or Ministers, that put them in execution, are subject in Law to make the party molested satisfaction for their wrongful molestation.

 [c ] Here again, the Judges interrupted me, and told me, they must not hear such language of the Lords, and therfore prest me to keep close to my exceptions against the return, or else they could not let me go on; so after I had expostulated it pretty well with them, and being in an extream longing desire to come to the main pinch of the business, very well knowing I had a smooth, but yet a sharp sting for them in the conclusion; I told them at their commands I would at present so far obey them, as skip over part of my matter, and did it to the next line where you shall find this mark &illegible;

 [* ] Here I began, and said, Sir, what an errational thing is it for the Lords to go about at their bar to try Commoners for their lives, when as men that know the Law, &c.

 [a ] And here I skipped seven or eight lines to this mark

 [b ] But all this president to avoid disputes I skipt over for the Judges prest that the House of Commons owned the Lords Jurisdiction in some cases, to which I answered, I owned it as well as they, and told them I was willing to give the Lords as much Jurisdiction without dispute as they desired, to Judg, condemn and destroy one another, so they would not meddle with me, nor my fellow Commoners: and I was confident, if the Lords distinctly, as a single House, had any Jurisdiction at all in Law, it was but over themselves, and as much of which as they please to take, I am willing without dispute to grant them.

 [* ] 25. Ed. 3. Coran. 134. and 32. Ed. 3. Coram. 248. and 9. Ed. 4. fol. 52.

 [* ] 1 part instit. lib. 3. ch. 7. Sect. 438. fo. 260. and 2. part. instit. fo. 42. 43. 115. 186. 189. 315. and 3. E. 1. ch. 25.

 [* ] As the Lords in 1641. did give me, and the Commons in Ian. last, as you May reade in my Whip for the Lords, pag. 10. 11. 19.

 [&illegible; ] And it is the most irrationall thing in the world, to say, that legally no Law can be binding, but that which is made by the consent of the King, Lords and Commons; and yet to prefer a single judgement of the Lords, made without all forme, shaddow, colour or pretence of Law; above all the Acts of Parliament made for 3. or 400. yeares together, for this I will offer to all the Lawyers in England, and challeng them, to shew me one Statute, or a peece of a Statute, to justifie the Lords proceedings against me in Law, and I will be willing to lose my head, and to bee cut in ten thousand peeces; and besides, it is most irrationall for the Lords, who never pertended to any power, but what they derived from the King, to immagine or go about to make the world beleeve, that they can by their wills destroy all the Lawes of England, (as in their dealing with me they have done) when the King their fountain of power, can doe no Judiciall action, but by his Courts of Justice; and that in the legall method, manner, or processe of the Law (although by Law a thousand times more is given and instated into him, then unto all the Lords of England) and for the truth of this, see the apart inst. f. 168, 186. 187). yea, if the King imprison me illegally by his owne Warrant, either in matter or form, I have my remedy against him at law, as appears by the Act that abolished the Star-Chamber; and therefore, it is the height of erationally, to conceive, or say, that the Lords will, shall be Lord Paramount, above the will of the King, their Fountain and Creator, and the power of the Law, which is above Him, from whom they derive all they have, or can pretend vnto; and I am sure the law tells me, that in the Courts of Justice, which is established and bounded by the law, and is administred, adjudged, and executed by sundry Judges and Ministers of the Law, is betrusted a full and ample power, for tryall of property of lands and goods, and for the conservation of the people of this Realm in peace and quietnesse; but I am sure by the Judges remitting of me back to prison there is a &illegible; of Justice (which the Law abhors) and an insufficiency in the Law to deliver me from destruction, by lust, will and pleasure, and therefore without dispute slaves are the people of Eng. in the highest and slaves they must continue, if they spedily rouse not up their spirits, & stand stifly for their rights.

 [* ] Yea the most &illegible; of slaves, being first in subjection to a Statute Law, and if they transgresse that, then the Judges of the Law are ready to distroy both life, and Estate therefore; secondly, to a Law of Ordinances, and if they transgesse that which is sufficiently contradictory in it selfe, then they shall &illegible; one Arbitrary Committee, or other hazard, the losse of all they have, with cut any witnesses sworne against them, or any Jury pannelld, or it may be any complaint in writting preferrd against them, but they shall be distroyed by the will, and &illegible; of the Committee, for such proceedings contrary to the fundamentall Law of the Land, both Dudley and Emson Privie Councellers, were &illegible; though they had an Act of Parliament to authorize their doings, &illegible; appears 2. part. insti. fo. 51. 3. part insti. fo. &illegible; 8. and 4. part. insti. fo. 41. 196. 197. 198. but yet if a man be never so observant of both the Law, and Parliament Ordinances, yet thirdly, Parliament Lords and Commons have a Law paramount above them both, and which as pleasure shall null them both, and neither of them shall be any protection unto you, and that is their law of will, lust and pleasure, more exercised & put in use by them, then both the former; so that of necessitie slaves in the highest are all Englishmen, now &illegible; under 3. distinct Lawes for their destruction; but can injoy the benefit of never a one, for their preservation, and therefore for the Parliament to make Judges of the Law, to execute &illegible; is but a &illegible; and &illegible; of the people; for they have left them none to execute, but have superseded it every line, with the Law of that lusts, &illegible; and pleasures, for all their lying promises in &illegible; their Declarations to the contrary, & therefore all ye true &illegible; Englishmen, awake, awake, & looke wel about before the midnight of slavery &illegible; upon you.

 

 


10.15. [Richard Overton], The Moderate (December 1648 - January 1649)

Bibliographical Information

Full title

The Moderate: Impartially communicating Martial Affaires to the Kingdome of England.

Estimated date of publication

No. 21 From Tuesday Novemb. 28. to Tuesday December 5. 1648; to No. 33 From Tuesday February 20. to Tuesday February 27. 1649.

Thomason Tracts Catalog information

TT2, pp. 404–5; E. 475–477, 536–540; 541–543, 545.

LWV

T.176 [1649.01] (10.15) [Richard Overton], The Moderate (December 1648 - January 1649).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Text of Pamphlet

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

From Tuesday Novemb. 28. to Tuesday December 5. 1648.

I Finde, amongst earthly comforts and blessings, that a good Prince Is Marshalled in the Van, and takes priority of all the rest, being clothed with Honour, Love, and Soveraign Splendor; and an evill Prince in the Reer, as the heavyest of all Plagues, and greatest of all Judgements upon earth, bringing desolation, and generall destruction whereever he raigneth, and therefore as the whole Body is of more authority then the only Head, and may cure the Head if it be out of tune; so may the weal-publike cure or purge their Heads, if they insect the rest, seeing that a body Civill may have divers Heads, and is not bound ever to one, as a Body naturall is; which body naturall, if it had the same ability, that when it had an aking, or sickly head, it could cut it off, and take another, I doubt not but it would so do, and that all men would confesse it had authority sufficient, and reason to do the same, rather then all the other parts should perish, or live in pain, or continuall torment: But much more clear it is, That all Common wealths have in all Ages lawfully chastised their lawfull Princes, though never so lawfully descended (as the people now say) or otherwise lawfully put in possession of their Crown: And (which is most remarkable) this hath alwayes, or for the most part fallen out most commodious and profitable, for those Common wealths have been crowned with blessings from heaven by the good successe, and successors that ensued hereof.

The points held forth are high, and the Reader expects proof hereof, which I shall do, with as much brevity as may be, and first I shall prove it by Scripture: I finde in 1 Kings 31. and 4 Kings 21 & 44. That two wicked Kings, Saul and Ammon (though both of them were lawfully placed in that dignity) were lawfully deprived, and put to death by the people; and did not God afterwards bring in David and Josias in their rooms, who were the two most excellent Princes that ever that Nation, or any other (I think) have had to govern them.

And first, King Saul, though he were elected by God to that Royall Throne, yet was he slain by the Philistimes, by Gods order, as it was foretold him, for his disobedience, and not fulfilling the Law, and limits prescribed unto him.

Ammon was a lawfull King also, and that by naturall descent and succession, for he was son and heir to King Manastes, whom he succeeded, and yet was he lawfully slain by his own people, Quia non ambulavit in via Domini, because he walked not in the wayes prescribed unto him by God. And for those two good Kings that succeeded them, we reade Jasias did that which was right in the fight of God, neither did he decline unto the right or the lese: And David likewise we finde to be a man after Gods own heart.

And now if we will leave the Hebrews, and return to the Romans, we shall finde divers things notable in that State also, to the people thereof; For before &illegible; their first King, having by little and little declined into Tyrannie, he was stain, and cut in pieces by the Senate, Hallib. 1. and in his place was chosen Numa Pompulius, the notablest King that ever they had, who prescribed all their manner of Sacrifices, imitating therein and in divers other points, the Rites and Ceremonies of the &illegible; he began also the building of their Capitol, adding the two moneths of January and February to the year and other notable things for that Common-wealth. Again, when Tarquinim the proud, their seventh and last King, was expelled by the Senate for his cruell Government, and the whole manner of Government changed: We see the &illegible; was prosperous, so that only no hurt came thereby to the Common-wealth, but exceeding much good; their government and increase of the Empire was prosperous, under their &illegible; for many years, in such sort, that whereas at the end of their Kings Government they had but fifteen miles teritory without their City, it is known, that when their Consuls government ended, and was changed by Julius &illegible; their territory reached near fifteen thousand miles in compasse, for that they had not only all Europe under their Dominion, but the principall parts of all Asia, and Africa, so as this chastisement, so iustly laid upon their Kings, was profitable, and beneficiall to their Common-wealth.

When Julius &illegible; upon particular ambition, had broken all Law, both Humane, and Divine, and taken all Government into his hands alone he was, in revenge hereof, stain by Senators in the Senate house, and &illegible; Augustus preferred in his room, who proved afterwards the most famous Emperour that ever was.

The like may be said of the Noble Ranke of the five excellent good Emperours; wit. Nervs, Trajun, Adrlan, &illegible; &illegible; and Marcus Aurelius, that insued in the Empire by the just death of cruell Domitian, Europ. in vitz Casa.

The two famous changes that have been made of the royall Line in France; The first from the Race of Farmond and &illegible; to the Line of Pepin; And the second from the Race of Pepin againe, to the Line of Huge Capetus, that endureth unto this day.

Step over now the Pireny Mountaines, and look into Spaine, and there you shall finde a lawfull King, named &illegible; &illegible; puld downe and deprived, both he and his posterity, in the fourth Councell Nationall of Taledo, and one &illegible; confirmed in his place. Likewise one Don Alanso, the eleventh of that name, for his evill government and tyranny was deposed by his Kingdome.

What should I name here the deposition made of Princes in our dayes by other Common-wealths, as in Polonis, of Henry the third, that was King of France, was deprived of his Crowne in Polonia, by publique Act of Parliament. Or the deprivation of Henry King of Suet a, who being lawfull successour, and in possession, after his Father &illegible; was puld downe by that Common wealth, and deprived, and his brother made King in his place; and this was allowed by all the Princes of Germany neere about that Realme, who say, the reasonable causes which that Common-wealth had to proceed as it did. But it will be best to end this Narration, with examples out of England it selfe, and that since the conquest, as King Edwin, and others; neither shall I stand much upon the example of King Iohn, After whose deposition the good King Henry the third was admitted; and what thinke you of Edward the second, who was deposed also by Act of Parliament, holden at London Auno 1326. and his body adjudged to perpetuall prison, and Edward his Sonne chosen in this place, for which he thankes them heartily, given them many thanks, and with many teares acknowledged the justnesse of his being degraded, his name of King was taken from him, and hee appointed to be called Edward of &illegible; from that houre forward, and then his Crowne and &illegible; were taken away, and the Steward of his house brake the staff of his Office in his presence, and discharged his servants of their attendance, and all other people of their obedience or allegiance towards him; and towards his maintenance, he had only 100 markes a yeare allowed him; and then delivered into the hands of Keepers, who led him prisoner to severall places, using him with extreame indignity in the way, untill at last they took away his life from him; and did not God blesse the people for executing judgment on this King, by giving them Edward the third after him? And was not Richard the second (who suffered himself to be abused and misled by evill Counsellors, to the great hurt and &illegible; of the Realme) deposed by Act of Parliament, holden in London &illegible; 1399. and condemned to perpetuall prison, in the Castle of Pontefract, where he was soon after put to death also: And was not King Henry the sixth, after he had raigned almost 40 yeares, Imprisoned and put to death, together with his son the Prince of Wales, by E. 4. of the house of York, and the same was confirmed by the Commons, and especially by the people of London, and afterwards also by publike act of Parliament for that he suffered himselfe to be over ruled by the Queene his wife, and had Articles of Agreement made by the Parliament, between him and the Duke of York; And these may serve for proofe, that lawfull Princes have oftentimes by their Common-wealths been lawfully deposed for mis-government. And that God hath allowed, and assisted the same with good successe unto the Weale publique.

From Warsovia the 30. October, 1648.

The Cosackes, Instead of pursuing their victorie, as it was very easie to doe, considering how numerous they were, and withall the confusion that was all over the Kingdome of Poland, happening by reason of their late overthrow; neverthelesse, they are gone to their old Quariers, where they only make mercy with the Plate, and other booty lately gained in the late fight; yet it is said, they doe not intend to give over thus, having lately made an Agreement with the Tartars, whom they promise to assist, and help to shake off the Turkish yoake, upon condition, the Tartars shall likewise give them all assistance against the Kingdome of Poland. In the meane time, it hath been resolved upon, for the Election of a new &illegible; in the Diet now adembled, and that to be the 4. of November next, but by reason that both brothers doe lay claims to the Crowne, it seemes that the younger, who in the beginning had a very strong party, but since much weakned, therefore maketh a demarre in the Election, seeing it is not like to goe on his side. Yesterday Prince &illegible; (who is still called here by the name of King of Sweden) sent soure Embassadours to the Diet, where the Bishop of Samogiria being to speak for the rest, demanded the Crowne for this Prince, to whom the Archbishop of Guesuer answered, that he would take advice with the rest of the Assembly; and besides, made a long speech in the commendation of this Prince, and how much obliged the State was unto the Kings, his Progenitors. Some few dayes before, the Prince of &illegible; sent to demand the Crowne for his second senne, promising, in case it were granted, to make warre against their enemies the space of three yeares, at his own cost and charges.

From &illegible; the 1. November.

While that the Senateurs assembled at Warsoviæ, about the Election of a new King of Poland, The forces of that Kingdome, who being now joyned together, making a very considerable Army, are marching in a full body to oppose the Cosackes, who as it is reported, are divided into three distinct Armies; The first being gone into &illegible; The second towards Warsoviæ, and &illegible; and the third remaineth about Lenberg; Although it is said, that having stormed the place, they had a great repulse, with the losse of 1200. of their men, whereupon the report goeth, they march to &illegible; where the Prince of &illegible; hath retired himselfe with 6000. men, for the defence of that place. There is a report, that Prince &illegible; doth cause to be made a high way through a Wood, wide enough to passe eight waggons a brest; this to be a passage for his forces that he intends to bring into Poland, in case he be denied his request concerning the Crowne, intending to joyne with the Cosackes, who with their horse make daily intoades, and much annoy the Countrey, insomuch that the Countreymen are forced for their security to joyn with the Gen. &illegible; chiefe Commander of the Cosackest. neverthelesse it is reported, that they are about to send Commissioners to Warsoviæ, to treat about an accommodation.

From &illegible; the 15. November.

The 8. instant the Te &illegible; was song here, and our Ordnance discharged three times, for joy of the happy conclusion of a generall Peace in Germany. The King of Denmarke, after he had received the homage of the Towne of Melderse, in &illegible; went two dayes after to &illegible; where he was royally entertained by the Duke of Holstela, and so from thence returned to Koppanbagen, to be present at the funerals of his late deceased father, and so to be crowned the 6th. of the next moneth; And by reason that our Magistrates are invited to the Solemnity, therefore they have deputed one Burgomaster, one Sindye, and a Senatour to goe in their name to Koppanbagen, and carrie along with them such presents as are usuall; viz. One for his Majesty, The other for the Queen his wife, both being esteemed to the value of 8000. Rixdollars.

From &illegible; the 17. November.

The 12. instant, General &illegible; with the Major Generals, Dougles, Horne, and Linden; the Count Palatin Philip, sonne to Count Palatin Frederick, the Palatin Lewis of Suitzbach, the Palatin Adolphus John, brother to the Swedes Generalissimo, and some other Officers of that Army came to this City, where the Magistrate sent them the same day, one waggon laden with wine, and two others with first, as is accustomed in the great Cities of Germany to be done, unto persons of that ranke. The 13. they viewed our Magazines, and General &illegible; did order the head Quarter of his Army to be at &illegible; a league from this City. The 14. they remored from thence, and went to Rikersdoif, one league and a halfe from this, place, towards the Palatinate; But yesterday the Army having turned back, most of them passed by us, and went to quarter at Grudlack, which is towards &illegible; about the same distance from us. Our Magistrate having sent them good store of bread and beer, and like provisions for their better subsistence. It is reported that a Diet is to be kept at Eamberg, to conclude concerning the Winter Quarters for the Swedish Army, who are resolved to take them in &illegible; till such time as there is a totall and reall execution of the Articles of the Peace lately agreed upon; and withall, they to be satisfied wholly, and have those summes of money paid that they are to receive, before they depart the Countrey.

From Frankford on the Main November 19.

The French Army, after they had taken Wisterstad, advanced as far as Britten, but are since drawne into their garrisons, upon the publishing of a Peace in Gaminie.

Leipsick the same day.

The suspension of armes on both sides, as it was agreed upon by the peace of Germany, being published, the Prince Palatine, Generalissimo of the Swedish Armies, is withdrawne from about Prague, towards Braudeis, Methick, and &illegible; there being left only in the lesser Towne, and the Castle, Lieutenant Generall &illegible; and Colonell &illegible; with 3000 foot souldiers and some Troops of horse, who are not to commit any act of hostility, by reason of this suspention of Armes, which begins to be observed.

From Munster in Westphalia, November. 23.

The Lieutenant Generall Geis, who is Commander in chief of the &illegible; forces, hath part of his Army quartered at Geeven in this Diocesse, and from thence are to march further towards &illegible; and &illegible;

From Neples November 24.

The Marquis Capponi, sent from the great Duke of Florence, to D. &illegible; de Austria is here, returned from Messine. Sir Glonettine &illegible; hath carried thither four galleys, intending to make new levies of men, which afterwards wil be convoyed into Spaint; Some companies of high dutch souldiers, that were about this City, have been sent into their winter quarters, in severall parts of this kingdome, chiefly in the Provinces of Ottrante Bari, Principality of Citra, and County of Malisa; A part of them had been commanded into the lands belonging to Count Di Conversane, but upon notice given to our Vice King, that he was still in Armes, with a full resolution to oppose their designes, therefore they have not proceeded any further, but are &illegible; to quarter elsewhere, The Count de Ovilde of the family of the Orsinie, hath been put in prison here, being arrested by a command from Count de &illegible; our Vice King.

From Rone Novenber 9.

The day of All Saints was held in the Colledge of Cardinals wherein the Cardinall de la Cueva said Masse, and the Cardinalls Giustiniars, and Franciotto the two daies following, the Pope not being there none of them dayes, being as yet sick of the &illegible; The Duke de Collepietro, who retired hither from Naples, to avoid the mischiefe which he might have received from the Spanish party there, was killed with severall shoes of fireloks, as he was passing through the place, called Sancta Mariamajor, this was done by the Bandiri, who are quartered within the Vineyard of P. &illegible; whom the Spaniards put in hopes to have the principality of Salerna bestowed upon him, as a gift from his Catholick Maiestie. But the Duke de Matalone, a Neapolitane, who was returning thither in a ship, which attended for him at the mouth of this river, going to imbarke himselfe with his followers; divers tradsmen, unto whom he was indebted, repaired thither, to demand of him their monies, and among others, a Tailot did speak so roughly, that the Duke growing in a passion, gave command to his men to cudgell him, and having so done, to throw him out of the window, which was effected; presently the Duke flieth from thence, and gers into one of the Jesuits houses, where the Governour of this City, seut many Officers to apprehend him, which being not able to do, they have seized upon al his goods, and follow the law so hard against him, that they have arrested most part of his servants, and set a strong guard in his Palace; but yet it is thought that the Prince Ludovisio will easily take up the businesse. The lands of the Duke of Parnia, which are upon the Popes deminions, are put to an outery, by a Decree from the Apostolick Chamber, for the payment of those debts which the Pope pretends due unto him by the said Duke, but as yet none proffer to buy, being fearfull to lose their moneys; in the meane time some forces have been sent towards Castro, as if there were an intent to besiege it, but it is very unlikely, in regard there is already a strong gartison in the Towne, besides 1000. foor, and a Companie of Dragoones the Duke hath lately sent thither for their better security.

From Venice November 11.

The last Letters come from Candia, do certifie us, that the Turks having received some new supplies by a Grecian Commander, did thereupon give a furious assault upon the chief City of that Kingdom, but were repulsed from it with great losse. The 14 of September five hundred of their musquetiers did possesse themselves of one of the breaches of the wall, and from thence they were likewise beaten off, as also in their next storming of the Town, where they were beaten off with the losse of three hundred men; whereupon they being resolved to fall on more sicretly, did fall a storming about the Gate, called de Gicsu; but Generalissimo &illegible; who foresaw their design, had made that place so strong, that the Turks upon their approach were so well received by his men, that they were beaten back as formerly, but with a far greater losse, which put the Army into such a confusion, that immediately they withdrew further off, even two miles from the City, where was their old Quarter, which hath caused great joy to this State; as also the news lately come from Constantinople by the way of Vienn, certifying, that the divisions and differences increase more and more in the Turks Court, between the Spahis and the &illegible; the first reproaching the other with the death of the late great. Turk, and endeavoring to set upon the Throne one of his kindred in stead of Sultan Achmet. Two Galleys are ready to set out from hence to go for Dalmatia with moneys and Ammunition, the better to enable our forces to oppose the Turks, who make inroads as far as Zara. The Generall Foscole, who is Commander in chief in these parts, is gathering our Army together being in all about twelve thousand strong, that so he may send them to their winter quarters, only the Morlakes that intend not to leave the field, &illegible; a new occasion given them by the Turks, that provokes them to seek for revenge, the Turks having lately slain 100 of them in cold blood within their own doors, whereupon they have vowed to be revenged thereof at what condition soever it be. This State, for to help descay the charges they are yearly at by continuance of the Wars, do go on in the railing of the eight hundred thousand Ducloets whereunto the countrey is taxed since within these three years, and moreover have Ordered that a Galleasse be made ready with speed, and two Galleys.

From Milan 12.

The 7 Instant, the Marquis de &illegible; our Governour, returned from Lodi to this City; there are also come hither all the chief Officers of our Army, only two excepted, viz. D. Vincenzo &illegible; zague Generall of the horse, who is &illegible; &illegible; Novo &illegible; Scrivit; and D. Vincenzo Manzuri, Generall of the Artillery, who is gone else where; D. Diego de &illegible; being made Governour of Cremona in his stead. This Governour having sent most part of his horse towards Monteserrat under the command of D. Gioseppe de &illegible; Lieutenant Generall of the Neapolian forces, and of Dom &illegible; &illegible; Commissary Generall of our Armie, and there are to continue untill they receive orders for their winter quarters, upon advice received, that the Imperiall Princesse, who is betrothed to the King of Spaine, and &illegible; future &illegible; was to be in these parts shortly; therefore the Royal Chamber of this City hath named three to go as Deputies, to attend upon our frontiers, for Her Highnesses comming, besides is Citizens, that goe in the name of this Cities; the generall Exchange of prisoners being done, there is returned hither the Lieutenant Generall of the horse Tretty, and Major Generall &illegible; with many others, that are high Officers.

Turin 21. Dito.

The 14 instant D. Charles Roncal, chief commander of the garrison at Mortars, was drawn, hanged, and quartered, for that he had endeavoured to betray the place, by holding intelligence with the Enemy, which was discovered by his own Lieutenant, who was his chief accoser, and avowed that he would have made him a chief Agent in the businesse; the Inhabitants of that place likewise pressing very hard against him to take away his life; and one of them to shew his thankfulnesse unto God for the same, hath bestowed a gift upon our great Church, esteemed to be worth 1100 Ducatons: This businesse was carryed on with such eagernesse, that during his imprisonment his own Father, though a Knight of S. Mars, was not permitted to visit &illegible; The Spaniards after they had plundered many places in Plemont, are gone over &illegible; at &illegible; and so from thence to Olegio where they are to receive their pay, and after that go to their winter quarters. The 18 came hither Marshall du Flesses, with many of his Officers, and that same evening went to our Pallace, to salute the Duke and the Dutchesse his mother. The French forces come lately from Cremona, are yet remaining in the Valley of Bennio, where they do expect the four Regiments of horse that come from France under the command of Mr. du Choupts and Bougi, Fieldmarshals, who are commanded to go to Gualtleri, and other places, belonging to the Duke of Parma, for their better accommodation; and being certified that the Spaniard intended to invade the County of &illegible; therefore the Duke hath sent with all speed D. Emmanuel of Savoy, with 2000 men to oppose them, and have an eye unto their match, and so prevent the execution of their designes.

From Vienna November 6.

The 3. instant the Count of Nassaw, one of the Plenipotentiaries of the Emperor, for the general Peace, arrived here, and brought with him those happy tidings of the conclusion of a general Peace in Germany, so long wished for, during 30 years, that the Wars, like a cruell wilde beast, hath almost devoured that so florishing countrey; this news being spread over the City, caused no ordinary joy in the hearts of all the people and every one, from the highest to the lowest, did make Demonstration thereof to their uttermost. The Count Trautmansdorf did send for him in his Coach, and being come, did entertain him with all Honours and Favours as could be wished or expected. There are here great preparations for dayes of mirth and rejoycing that are to be kept here very speedily, and that not only for joy and thanksgiving for the generall Peace lately concluded, but also by reason of the marriage that is shortly to be celebrated between the King of Spain and the Emperors daughter; the King of Hungaria, eldest son to the Emperor, being appointed on that day of the Nuptials, to represent his Catholick Majesty, and two dayes after she is to be conducted into &illegible; his Imperiall Majesty having given her 24 of his Gardes and six of his Pages.

From &illegible; Novemb. 13.

Since the suspension of Arms hath been published in this City, there hath been brought hither &illegible; Pieces of Ordnance, and some part of the Train belonging: to the Imperiall and Bavarian Armies, the first of these having their head-quarters at &illegible; a league from Chamb, and the other at Roding neer the River of Regen. The French Army have their head-quarter at Rotemberg, upon the River Tauber, and the Swedish Army at Furth, but yet it is said that the Marshall of Turenne with his Army is going to &illegible; in the Dutchie of Wittemberg, and Generall Wrangel into Misnia toward &illegible;

From Antwerp Novemb. 28.

The Zealanders having given a free passage by the Escaule, many ships are come in to us, paying only the old duties, and ancient customs, as formerly they have done; by means whereof, those of Amsterdam are in election to loose some of their Trade, there being not at present such a great number of shipping that resorts thither as in times past, during the time of the Wars. The Archduke Leopold is still at Brussels, where he hath continued some weeks past.

From Amsterdam the 25. Dito.

This week are come letters from Brasil, which gives us to understand, that our Admirall Wittens, with the Holland Fleet is gone for the river &illegible; where the West-India Company hath intended long since to make an attempt, but till now could not have any fit opportunity; what will be the successe, is dubious, and cannot be able very suddenly to give you an account thereof; this place is of great concernment to the Portugesses, yielding yearly great store of Sugars, and other rich commodities, which are transported from thence in Carvels, and brought to &illegible; it is not like therefore that it could be taken from them, unlesse by an accident it should be surprized, and so to expell from thence the &illegible;

Westminster Novemb. 28.

Captain &illegible; and the rest of the Pirates taken in the &illegible; &illegible; referred to the Admiralty, to be tried as &illegible; The four Northern Counties to have the benefit of the sequestrations of the old Delinquents for their new Delinquencies, to &illegible; &illegible; and pay publike debts, 4000 li for &illegible; forces to be presently paid, &illegible; given for the same, Peter &illegible; Esq. voted Sheriff of &illegible; and &illegible; &illegible; &illegible; of Darby. Col. Temple Ordered 500 li in part of his &illegible; &illegible; of the &illegible; of the Lord &illegible;

Novemb. 29.

Mr. Siedgwick, and Mr. &illegible; thanked for their &illegible; and Mr. &illegible; and Mr &illegible; to preach next fast day before the House: What, before all the House? some &illegible; have a minde to be absent to &illegible; one elsewhere. Col. &illegible; Letter, and a Copy of the Orders from the generall Councell of War, to himself and others, to secure his Majesties person, were read, and a Letter Ordered to be writ to his Excellency, to acquaint him that these Orders to Col. Ewers and others, are contrary to the Orders of Parliament, given to Col. Hamond, and that it is the pleasure of the House that his Excellency recall these Orders, and that Col. Hamond be set at liberty. A modest Letter this day came from his Excellency, desiring the consideration of the Armies Remonstrance, which take at large: Mr. Speaker,

IT is not unknown to you, how, and how long we have waited for some things from you respecting our Remonstrance, & the present condition of the Kingd. but receiving nothing in answer to the one, nor remedy to the other, We do hereby again let you know, That we are so apprehensive of the present juncture of affairs; that through &illegible; of such helps as we might have had from you, we are attending and improving the providence of God, for the gaining of such ends as we have proposed in our aforesaid Remonstrance: We desire you to judge of us as men acted in this by extremity; In which we would yet hope for the conjunction of such helps as any among you, friends to the publike interest, &illegible; &illegible; afford us, I remain,

Your most humble servant.

T. &illegible;

Windsor Novemb. 19. 1648.

For the Honourable &illegible; &illegible; Esq; Speaker of the
Honourable House of Commons.

This day the debates flew high; some moved that his Excellencies Commission might be taken from him, Others that the Army might be required to retreat 40 miles from London, and the blinde &illegible; moved that the City might be put into a posture of &illegible; but Sheriffe &illegible; answered with a sad dejected &illegible; that there was nothing to be expected from thence: And Prime began to &illegible; Presidents; that &illegible; have &illegible; voted Traytors for disobeying authority of Parliament, but for his &illegible; he would &illegible; say that any were such.

Novemb. 30. The House was divided, whether the &illegible; of the Army should be taken into consideration, and it was resolved in the negative. The Army &illegible; &illegible; for it; &illegible; &illegible; still to provoke them and the Kingdom against &illegible; Or &illegible; &illegible; proceed &illegible; &illegible; &illegible; &illegible; &illegible; Yet the next &illegible; is to refer &illegible; to the &illegible; of the Army to &illegible; the Arrears of the Army. &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; men &illegible; &illegible; from &illegible; The &illegible; day was spent in &illegible; Committee, to consider of &illegible; for the &illegible; Officers. &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; then the &illegible; of the Armies &illegible; Besides, how &illegible; you design &illegible; &illegible; &illegible; They &illegible; &illegible; their &illegible; to the Army, and desire to engage with &illegible; against the &illegible; and &illegible; &illegible; The &illegible; &illegible; &illegible; came forth, to &illegible; &illegible; &illegible; of &illegible; &illegible; to &illegible; &illegible; too &illegible; &illegible; &illegible; is not this very &illegible; &illegible; to give &illegible; &illegible; of &illegible; &illegible; &illegible; &illegible; The &illegible; of &illegible; and &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; and the &illegible; &illegible; and &illegible; which was delivered by &illegible; &illegible; &illegible; to his &illegible; &illegible; as large, it hath &illegible; yet printed.

To the Right Honourable his Excellence the Lord Fairfax, Generall of the Parliaments forces for the Kingdome.

The humble Petition and Addresses of the well Affected in Devon and Cornewall. Together with the Officers and Souldiers of the Brigade, under Command of Sir &illegible; &illegible; Knight; now residing in the Westerne parts.

VVE your Excellencies Servants, not stirred up by any affection, to meddle with matters besides the businesse of our respective Imployments, nor any way favouring distempers amongst our selves, or others, neither covering the vaine glory of being numbred amongst Petitioners, against the evils of the times, nor highly provoked by emulation, from what others our fellow Countreymen and souldiers have done; but singly and faithfully, we come to your Excellency in this Petition, abundantly pressed thereto, from the Conscience and sense we have of the neere approach of Ruine to all honest Parties of the Kingdome, and your selfe and the Army amongst the rest, whereof the present transactions with the King, the late transactions of the &illegible; and of a prevalent party in the houses, are palpable and unhappie evidences to the world, all moulding such a closure of the present differences, as we apprehend, must certainly strengthen all the old corruptions in the former government, and so leave the Kingdome in a more-desperate bondage then yet it ever felt; And farre be it from your Excellencie, and your faithfull servants, to be silent at such a time as this, when all the honest parties of the Kingdome have such deep feares, and heavie thoughts of their, and your approaching &illegible; farre be it from your noblenesse to thinke it, besides your businesse to pitie and plead the Kingdoms cause; We professe the complaints of good men every where pierce our &illegible; and our owne observations of the just reasons of dissatisfaction, constraine us to this great boldnesse with your Excellencie, to petition you, if it were possible, with teares of bloud, seasonably to interpose your selfe in some just and honourable way, that according to the desires of other Petitioners to the Houses, and to your Excellency (an excellent Modell whereof we have before us, in the London Petition, of the 11. of September last) all disputable matters about the late troubles may be made cleare, Iurisdictions legall and just, duly limited, and ascertained against Tyrannicall and arbitrary Power, Liberty and property vindicated, and that Antichristian bloudy tenet of destroying mens lives and estates, for not beleeving as the Church beleeves, utterly abandoned; Amongst all which generalls, we further present your Excellency with a few particulars following, viz. 1. By what evidences and proofes, or upon what Reasons and grounds the King stands acquitted of the charge of the Houses against him, in their late Declaration to the Kingdome. 2. What persons especially what members of either Houses have playd the Traytors, by inviting the &illegible; to invade this Kingdome, or gave them countenance, or incouragement in that perfidious attempt. 3. That the promoters of the first and second warre be brought to Iustice. 4. That the Arrears and debts of the Kingdome be secured and satisfied, and that the publique faith be not made a publique fraud to the Kingdome. 5. That the Court of &illegible; be abolished without exacting satisfaction for the same. 6. That the unconscionable oppression of the Tynners by &illegible; be removed. 7. That the Consciences of men be not cruelly and unconscionably shipwracked. 8. That the cunning device upon the Army for hatefull free quartes, and the Contrivers thereof he discovered, and the Army vindicated from the slander thence raised upon it. 9. That inquisition may be made after the bloud of Colonell &illegible; 10. That the Orders for reducing any of the souldiers may be suspended, untill the Common-wealth be setled, and the enemies thereof brought to Iustice. That these, and the like &illegible; being satisfied and secured to the Kingdome, Your Excellency and your Army may &illegible; from this present imployment in honour, and good Conscience, as faithfully discharging the Armies ingagements to the Kingdome, and not beare the shame and reproach of men, that only acted for hire, and so that base scandall, so much in the &illegible; of your and our treacherous enemies, will not be justified in the hearts of our friends; for the effectuall obtaining of these good things, we shall really adhere to your Excellency to our utmost ability.

Westm. Decemb. 2. L. &illegible; M. Hollis, and M. Pierpoint thanked for their pains in the Treaty. And indeed two of them deserve the houses thanks, though the Kingdoms hatred; and must these thanks be given, because M. Crew took notice of their royal services? M. Hollis (the grand perfidious—of England) reports the transactions of the Treaty since their last Letters, to be prepared and brought in, and likewise a Copy of the Kings Letter to the L. Ormond, touching their proceedings with the rebels in Ireland. The quest. was, whether satisfaction, or not in the Kings Answer to the Propositions shall be now taken into consideration, and it past in the negative, but ordered to be debated to morrow. Did you vote the Kings finall answer &illegible; the last week, and do you now come to put it to the quest. and make a dispute thereof, whether satisfaction or not? When he hath granted no more now, then in his former. A Committee of Common Councell communicated his Excellencies Letter to both houses, of the grounds of the Armies advance, and desiring 40000. li. to be speedily raised for them, upon the credit of the Arrears due unto them. The City was not so civill, when the last traiterous Parl. of Scotland sent a Letter to them, to engage them for the destruction of this Kingdom, to report that to the house, but rather concealed it from them. And in this they tell the Parl. they are come down to waite upon their honourable commands. Though for almost seven years past the Parlia. hath been commanded by them. The Lords tell them they leave it to the City to do therein as they shal think fit. This is Lord like, and like Lords advice; and do not their Lordships deserve a see for it? The Commons Vote hereupon, That the house taking notice of the great Arrears due by the City of Lond. to the Army (as if they never knew, or took notice of them before, though severall times reported from the Committee of the army) do declare, that it is the pleasure of the house (how long both the City (I pray) been subject to your pleasure, or rather you to theirs) that the City do forthwith provide 40000 li (now according to the pleasure of the army) of the Armies Arrears, upon security thereof; And likewise that it be left to the City, either by Committee, Letter, or otherwise to addresse themselves to his Excellency. They likewise voted, that a Letter should be writ to the Gen. (as they call him) upon the present debates to require him not to march near London, which take at large.

May it please your Excellency: The house taking notice by your Letter of the 30 of the last moneth, to the L. Mayor, Aldermen, and Common Councel men of the City of London, and by them communicated to us, that you are upon an immediat advance hither, have commanded me to let you know, that upon mature deliberate judging, that it may be dangerous both to the City and Army (and not to your selves at all) It is their pleasure that you remove not the Army near London (whereby the grand Delinquent of the Kingdom, and you that have invited in, and joyned with a Forraign enemy, to cut our threats, and &illegible; the Kingdom, may not be brought to &illegible; punishment) And to the end the Country may not be burthened with free-quarter, nor the Army want their due support (of both which you have had a negligent care &illegible; many years together) they have commanded me to acquaint you, That they have signified their pleasure to the Lord Mayor, Aldermen, and Common Councell (their &illegible; in iniquity) that they forthwith provide the sum of 40000 li. as part of their Arrears, (though they owe neer 100000 li. arrears &illegible; the 25 of January last, and neer 200000 li. before,) or so much thereof as they can possibly raise at present, and pay the same to the Treasurers at Wars, to be forthwith sent unto you for our Army, which being all I have in Command, I remain your Humble servant,

William Lenthall, Speaker.

Before the receipt of his Letter the Army &illegible; then at Kensington, within two miles of the City of London, the next morning drew up into Hide Park, and about 12 of the clock that day, after a Rendezvoux there, advanced to Westminster, (White Hall being made the head quarters) and the whole Army quartered there, in the Mews, Suffolk house, and elsewhere in Westminster. A little before His Excellencies drawing out of the Park, a Committee of Common Councell &illegible; from the City to congretulate his approach, telling him. The Gates of the City should be open for him, though the next day after, a Troop of horse comming out of Essex, was denied to passe thorow the City to the Head Quarters at White Hall, for which the Lord Mayor and Sheriffs (by whose Order the Gates were &illegible; upon their) may be considered in due time.

Newport in the Isse of VVight Decemb. 2.

SIR,

THis morning about six of the Clock five of us came to his Majesties &illegible; and desired one of his Attendants to acquaint his Majesty with our &illegible; (according to our Orders) to secure his person, which we rather did, because he might not be affrighted; which done, we secured the Town with 40 horse, and two companies of &illegible; which we got over last night from Portsmouth, and once in half an hour his Majesty was &illegible; and soon after secured in Hurst Castle, of which our dear friend, and true Patrior, Col. &illegible; of Willshire is Governor, whose fidelity can never be poysoned as H. was. I am yours, &illegible;

Postscript. There are Attendants upon his Majesty in Hurst Castle, Capt. Mildmay Capt. Joymer, Capt. Weston, Mr. Herbert, Mr. Cutchside, Mr. Reading, Mr. Harrington, Mr. &illegible; Mr. Leven Page of the Presence. This day his Excellency caused this ensuing Proclamation to be made at the head of every Regiment, viz.

These are to require all Officers and Souldiers of Horse and foot, who shall quarter in and about the City of London, and Suburbs thereof. That they behave, and &illegible; themselves civilly, and peaceably towards all sorts of people, not giving any just cause of offence, or provocation by Language, or otherwise, upon paine of such severe punishment, &illegible; Court Martiall shall be thought meet, and not doe any unlawfull violence to the &illegible; or goods of any, either in their Quarters, or elsewhere, upon paine of death. And for the more due execution hereof, all Commanders and Officers are hereby required, not to be absent from their severall and distinct charges, without leave first had in writing from &illegible; superious, upon &illegible; of such punishment, as that party injured shall sustain, and such &illegible; ceasure as to justice shall be thought sit. Given under my hand Decem. 1. 1648. &illegible; &illegible;

To be proclaimed by sound of Trompet, or beat of Drum at the head of the Regiment.

Pontefract the 2 of December. The Lieut. Gen. being gone to London, Maj. &illegible; &illegible; is appointed to come in chief to this Leaguer. The Line is drawn 3 parts about the Castle, and we are now raising works for Batteries; and though the enemy are &illegible; that they dare not stirre forth, yet are very active both with great & small shot, and sometimes do us hurt; they have very few or no horse in the Castle, except for their necessary uses, &illegible; some of their men daily come from them; they are yet about 300 in the Castle, &illegible; &illegible; others; the souldiers are very poorely clad, and cannot be induced to make a salley, divers of them as they say are fallen sick, at least 60. at this time; they have plenty of all sorts of provisions for a &illegible; and if nothing else hinder, they will not be starved in 12 moneths. The cruelties of &illegible; the Governour of this Castle to our prisoners, are not to be &illegible; all of them that either have escaped, or been released &illegible; lamentable complaints of him. We much rejoycee in your Remonstrances, but all our feare is that the Army will do nothing considerable upon it; which feare lies upon many honest spirits, who cannot joyne affectionately with us, till they see justice be done indeed upon the grand Delinquent, and his consederates in Parliament and City; without speedy execution of whom, we never expect peace or blessing to the Nation.

Decemb. 5 &illegible; house sate very &illegible; debating whether the Concessions of his Major to the Propositions were satisfactory, or not; at ten at night they had not decided the question &illegible; would think this labour might be saved. A proclamation this day made by beat of Drum and sound of Trumpet, requiring all in the latter and former Wars (having not perfected their Compositions) to depart the late Line, ten miles distant for a moneth or &illegible; to be &illegible; against as prisoners of War.

FINIS.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

From Tuesday Decemb. 5. to Tuesday December 12. 1648.

WE finde in History, That the next in succession to the Crown, by Propinquity of blood, have oftentimes been put back by the Common wealth, and others farther off admitted in their places, even in those Kingdoms where succession prevaileth: for proof whereof, I shall begin with &illegible; a true and lawfull King over the Jews, and consequently had all Kingly Priviledges, benefits and Prerogatives belonging to that degree, yet after his death we finde God suffered not any one of his generation to succeed him, though he left behinde him many children, and among others, Isboseth, a Prince of forty years of age, 2 Kings 2. 21. whom Abner, the generall Captain of that nation, with eleven Tribes, followed for a time as their lawfull King by succession, untill God checked them for it, and induced them to reject him; though heir apparent by descent, and to cleave to David newly elected King, who was a stranger by birth, and no kin at all to the King deceased: And David being placed in the Crown by election, free consent, and Admission of the people of Israel, and no man, I think, will deny but that he had given unto him therewith all Kingly Priviledges, Preheminencies and Regalities, even in the highest degree; and though God did assure him that his seed should raign after him, yea, and that forever; yet we do not finde this to be performed to any of his elder sons, (as by order of inccession it should seem to appertain) no, nor to any of their off-springs, or descents, but only to Solomon, which was his yonger, and tenth son, and the fourth only by &illegible;

What can give more evident proof hereof, then that which ensued afterwards to Prince Robosm, the lawfull son and heir to King Solomon, who, after his fathers death, coming to Sichem where all the people of Israel were gathered together, for his Coronation, according, to his right by succession, 3 Kings 12. And because he refused to take away some heavy impositions laid upon them by his father Solomon, Ten Tribes of the twelve refused to admit him their King 3 Kings 11, but chose rather one &illegible; Roboams servant, that was a meer stranger, and of poor parentage, and made him their lawfull King, and God allowed thereof, as the Scripture in expresse words doth testifie. I shall not mention any example of forraign nations, being without number, but give you some of our own, having had as great variety in Changes, and diversity of Races of their Kings as any one Realm in the world: for first, after Brittains, it had Romans for their Governors for many years; after that, they had Kings again of their own, as appeareth by that valiant King Auretius Ambrosim who resisted so manfully the Saxons; after this they had Kings of the Saxon and English blood, and then of the Danes, then of the Normans, and after them again of the French, and last of all it seemeth to have returned to the Brittains again in King Henry the seventh, King &illegible; King of the West Saxons, and almost of all the rest of England, who was the first Monarch of the Saxons blood, was had in jealosie by King Briticus, (who was the sixteenth King from &illegible;) and for that he suspected Edgebert for his great Prowesse, be banisht him into France, and after that King Briticus was dead, he returned into England, and was then chosen King by the people, though he was not next in propinquity of blood royal.

This King Edgebert, (or Edgebrick as others write him) left a lawfull son behinde him, named &illegible; or Edolph, Anno 829. who succeeded him, having four lawfull sons, and because one of them (Alfred) was esteemed more valiant then the other &illegible; he was preferred to the Crown before them (though the yongest of them all,) and was Crowned at the Town of Kingston.

This man dying without issue, his lawfull brother Edmund put back before, was admitted to the Crown, and left two lawfull sons, but yet because they were young, they were both put back by the Realm, and their uncle Eldred preferred before them.

King Iohn was after the death of his brother crowned by the States of England, and Arthur Duke of Boktaine, son and heir to Ieffery, that was eldest brother to Iohn, was against the order of succession excluded.

Some years after when the Barons and States of England misliked utterly the government and proceedings of this King Iohn, they rejected him, and chose &illegible; the Prince of France to be their King.

Moreover from King H. 3. do take their first beginning York and Lancaster, into which, if we would enter, we should see plainly, as before hath been noted, that the best of all their Titles after their Deposition of K. R. 2. depended of this Authority of the Commonwealth, for that as the people were affected, and the greater part prevailed, their titles were allowed, confirmed, altered, or disanulled by Parliament.

A Declaration of his Excellency the Lord general Fairfax, concerning the supply of Bedding required from the City of London, for the lodging of the Army in void houses, to prevent the Quartering of Souldiers upon any the Inhabitants. Proclamation.

VPon the drawing up of the Army to this place, for the better avoiding the trouble and inconaeniencies to the City and Suburbs of LONDON, or the Inhabitants thereof, which might happen by the quartering of Souldiers in private mens houses, it was the desiro and Resolution of my self, and my Officers, to lodg. the Souldiers in great and void houses; and to the end they might be accommodated for that purpose, (in regard, that at this season Souldiers cannot hold out to lodge continually upon bare floors,) I writ to the Lord Major, Aldermen, and Common Councel of the City of LONDON, desiring they would take some course for a speedy supply of Bedding for the Souldiery: but instead of any satisfaction therein, after some delay, I have received only an excusatory Answer.

The Souldiers and most of the Officers having &illegible; now almost a week upon cold floors, and health not permitting them to endure such hardship for continuance, out of the same tender care, to avoid trouble or inconvenience to the inhabitants, or any discontents or differences which might arise between them and the Souldiers, by the quartering of them in private houses, I have (with the advice of a Councel of War) thought fit to require a necessary supply of Bedding, by Warrants directed immediatly to the respective Aldermen of the severall Wards, the Copy whereof is herewith printed and published; and (with the same advice) I do hereby further declare, That in case any failer shall be in the bringing in by the time limited, such proportions of Bedding, as, according to the said Warrants, are charged upon the severall Wards, and shall be apportioned upon the several Divisions and Inhabitants of the same, I shall be necessitated to send Souldiers, either to fetch such proportions of Bedding from them that fail, or else to quarter with them, and must take such course against either those Aldermen, and other Officers in the City, who shall neglect to rate and bring in the proportions required from their respective Wards and Divisions or against those Inhabitants who shall refuse to supply the proportions rated upon them, as shall be fit to use towards such obstinate opposers of that orderly supply, which is so necessary for the case and quiet of the City, and for the subsistance of the Army.

Given under my Hand and Seal, at my Quarter in Westminster, the eighth of December, 1648.

The Copy of the Warrant.

WHereas, for the avoyding of the inconveniencies of Quartering Souldiers upon private mens houses, it is intended and desired, that the Army shall be lodged in great and voyd houses, while it shall continue in, or about the City of LONDON, to the end therefore the Soldiery may be accommodated to lodge in such houses, which at this season of the year, without convenient Bedding, they cannot bear; These are therefore to will and require you, that upon receipt hereof you do forthwith cause the proportion of hundred and Feather Beds, or Flock Beds, with one Bolster, one pair of coarse Sheets, and two Blankets, or one Blanket, and one Coverlet for each Bad, sufficient for the lodging of two men in a Bed, to be equally apportioned upon the several Divisions within your Ward, and upon the several Houshoulders that are of ability to furnish the same within the said several Divisions; and the said Beds, with the appurtenances aforesaid to be brought to by Saturday next at noon, being the Ninth of this instant December, and there to be delivered unto the hands and custody of for the supply of the Regiment under the Command of Colonel and the said is to give receipt or receipts under his hand for what Bedding he shall receive, thereupon expressing from what Ward or Divsions the same do come in, and upon the removall of the Army, or the said Regiment, from about the City, such Bedding shall be restored to the respective Inhabitants, Divisions or Wards from which it was had; and there shall be care taken to prevent, as much as may be, any spoil or imbezlement thereof; and in case, after such delivery, any part thereof shall be lost or spoiled, so as to be made useless, reasonable satisfaction shall be given or assigned for the same, out of the Treasury of the Army. And you are on the same day by eight of the Clock in the morning to return to my self, or my Secretary, in writing under your hand, an Account of your proceeding upon this Warrant, with a lift of the proportions charged upon the several Divisions of your Ward, and upon the several Housholders in each Division, that if any failer be, it may be known where it rests. Hereof you are not to fail, as you will answer the contrary at your peril: and this shall be your Warrant.

Given under my Hand and Seal, at my Quarter in Westminster, the seventh day of December, 1648.

To the Alderman of
the Word of

Warsovla November 4.

The 30. of the last, the Embassadour for the Prince of Transilvania had audience of the generall assembly, who are met about the Election of a new King, and there he highly recommended the Prince &illegible; and in case they were not pleased to chuse him, they would looke upon the said Prince of Transilvania, in whose name he made many great proffers. Yesterday those of Prince &illegible; had also Audience, which was not much favourable unto them, by reason that those who are here called Nuntioes, made so great an uproare, that the Bishop of Kionia, who made a faire speech, with many large proffers also in the behalfe of that P. for whom he demanded the Crowne, could in no waies be heard: but even at that Instant, there were many that returned him thankes, but in such a way, that all those of his party, might easily perceive he would hardly obtaine his pretentions. After their departure, the Duke of &illegible; who came hither the same day, made his report unto the Assembly, concerning the present state of affairs in &illegible; from whence he came lately, and also represented the present condition of the Army of &illegible; who are now above 200000 stronge, in the meane time the Palatine de Cava was gone to bring in the French Embassadours, who came in with a traine of neare a 100 followers, and having delivered their Letters of credence, which were read by the Palatine of &illegible; who is well versed in the French tongue, and after he had made the relation of them in the Popish Language, the Viscount of Arpajou, who was to make a speech, did do it elegantly, in the Latine tongue, wherein he began to extell the Poland Nation, and then did proceed in the &illegible; of the two Princes, who pretend to the Crowne, and at last did demand it for the Prince &illegible; all the Assembly hearing him with greate attention, the Archbishop of Guesner, with the Marshall of the &illegible; did give him thankes, and so he departed from the assembly, being conducted out of the Circle, with severall Officers, even as he was broght in. This day was to be the election, but by reason that many I had brought great multitudes of souldiers, so that the Countries adjacent were full of them, it is thought the businesse will be put off till Sunday next, the eight of this Instant.

&illegible; the 8 of November.

The affaires of Poland are still in a sad condition, the &illegible; and Tartars wasting & spolling the Country whereever they become Masters yet the City of &illegible; not been assaulted, as it had been reported, there being onely parties that have made inroades, even to their very gates. The Poland forces, who are to have a Rendezvous about &illegible; to whom the Count &illegible; is to joyne 1800 high Dutch souldiers, and those forces begin to vexe the enemy, having lately slaine 400 of them in an Encounter they had together, and it is verily beleeved, that in case the resolutions, and orders made in the Assembly, are well followed, and put in execution, the Poland Army will be able to oppose the Gosackes rebelled, whose Army is mighty and numerous, but yet is composed of souldiers ill disciplined, and most of them without armes. The Prince Dominick, who was commander in chief of the Poland forces, when he had that great overthrow given him by the Cosackes, is gone to Warsovia to cleare himselfe of the blame imputed unto him, for his going away during the fight.

From &illegible; the 14 of November.

The 12 instant came to this City the Secretary, who had been dispatched from Munster by the Plenipotentaries of Sweden, and brought with him the &illegible; Pacis, who was immediately confirmed by the Ministers of this Court, and in presence of her Maiestie of Sweden, who did demonstrate to be much pleased therewith, and presently gave command the &illegible; &illegible; should be sung after the manner of the Country, and after a full ratification is made, it is to be sent with all speed by the same Secretarie.

From Naples the 11 of November.

The Count of Conversano, not being willing to trust unto the faire promises of the Spaniards, imade unto him, by the Count de &illegible; our Vice King, who did use all endeavours to make him come againe to this City, or if not, to make him lay downe his armes, or else at last to declare what intention he hath, in keeping the field, hath in fine made appear by taking the strong hold of Brandisie, one of the most considerable places in la &illegible; having a good harbour near that of &illegible; whereof news being come to this City, our Viceking hath Ordered 1000 high Dutch souldier to be sent thither with all speed, but it is not thought they can prevaile much against him, by reason he is great and powerfull in those parts, all the Country being totally devoted to him. This week six vessells have been sent to Manfredonia and Baretta, to bring from thence, as it is said 1000 quarters of Corne to be conveyed to this City, for to supply our great wants: Our Viceking hath caused a Proclamation to be made through this City, that all those that have any salt in their houses, come to declare it within ten daies, that so it may be brought into the Kings store houses, and there to receive the value of it, upon of consiscation of their salt, if they refuse, and of a fine, as he shall see cause. There is a report of a voluntary Taxe to be made in this City, for the defraying the charges they must be at, when the Queen of Spaine is to passe through this City, in her journey from Germany to Spaine; it is thought that this Imposition will amount at least unto two millions of Crownes, besides, many rich presents are to be given her Maiestie, in the name of all the chief Townes of this Kingdome; in the meant time two Companies of Spanish souldiers lately come backe from Capoua, are here come to our Arsenall, and here is daily Expected Don Iuand’ Austria with the Navie, who is yet in Scicilia; we heare from thence that Cardinall Trivultio is gone from Messina, into Sardinia, where he is to be also Viceking, as he hath been in Scicilia. The Counsell of Spaine not holding fit to let him be long so neare the Dukedome of Milan, which is his owne Country, the reasons whereof are not yet made publique.

Rome the 16 of November.

The Pope is still sick of the gout, and therefore is forced to keepe his Chamber, neverthelesse the 11. instant he gave Audience, in Extraondinary unto the Marques Fontensy Mareuil, Embassadour for France, who with him admitted the Count &illegible; Field Marshall of the French Armies in these parts, to kisse the Popes feet: The 13 the Cardinal Albornoz, who doth here supply the place of a Spanish Embossadour had also had Audience from the Pope, to whom he declared how the King of Spaine hath invested Prince Ludovisio, with the Principalatie of Salerna, having received order from his Majesty, to depose it in to his hands; assuring him that his Catholick Majesty had onely done it in respect to his Holinesse, who did returne thanks thereupon, but the Pope hearing that the Duke of Maraline who was in the Convent of Arocely had made an escape with the assistance of the said Prince Ludovisio, notwithstanding the expresse orders of his bolinesse to the Magistrate of this Citie, for the apprehending of the said Duke where they could finde him, yea, although it were in a Church; thereupon the Pope was very swrath with the said Prince, and having sent an Order for his comming before him, did declare his high displeasure at the matter, not only for his making way for the escape of the Duke, but besides; for aiding him to transport his goods from &illegible; Vecchia; all his servants are still close prisoners, although it is hoped they will shortly be set free some way or other: Prince Ludovisia being glad to oblige the said Duke by such favours, that so in a requitall, he may help him for the quiet injoying of his new Principality of Salerna, which is in the Kingdom of Ngles, where the Duke hath great power. We hear from Fermo, that Sir &illegible; Con. Gen. sent thither to inform about the murder committed some manner past upon Mr. Visconti, Governor of that Town, and in prosecution thereof, Mr. Varce &illegible; hath been beheaded 7 tradesmen hanged, and some others lesse guilty, only whipped, yet banished for certain years to Civita Vecchia; others that he findes lesse guilty, he hath condemned to the Gallies; many Gentlemen who have absented themselves, are condemned to die for their not appearing, and their pictures hanged publikely, their houses rased to the ground, and all their goods confiscated.

From Milan 19 of November.

The French forces are not quite gone from Cremona, as it was beleeved, there remaining yet in the Castle of Pomponesco, 150 foot souldiers, and one hundred horse, to preserve that post on this side Po, and from thence they make &illegible; in all the neighbouring Country, which hath forced the Marquis of Caracene, our Governor to use his best endeavour to drive them from thence, before they get to a greater strength. The forces of this Dutchie, who had advanced towards Montforrat, under the Command of D. Giosopto de Valesco, and D. Diego &illegible; after they had remained there some short time, and were strengthened by a supply, brought by D. Vincenzo Gonzague Generall of the horse, have received some losse at the passe de la Dom Balthica, being charged by the guards of the Duke and Duchosses of Savoy, in which encounter, many &illegible; our side were slaine on the place, and a great number taken prisoners, although it was said here; that only the Commssarie Generall had his companie cut off. The 12 instant the generall Counsell of the 60 Decurions of this City did make choice of twelve of &illegible; to go meet the Queen of Spaine, at her first entring into this State. The 13 the Marquis Cato Gallatari, Proveditor Generall of our Army, came &illegible; from Parma, where he was sent by our Governour to negotiate with his Highnesse. Our Governour hath lately received letters patents from Spaine, for the settling of the Government of that Province upon him, with a promise to be speedily relieved with men and money: His Catholick Maiestie doth put him in hopes to aid him with 2000. men for the next spring, besides other forces that are to be raised in the Kingdome of Naples.

Venice Novemb. 20.

The last letters from Constantinople, advise us, that the last report concerning the troubles in that City, or in those Dominions, are not true, for the difference between the Spahis, and the Ianissaries is well allaid, and on the contrary they are in a great quietnesse: it is true there were disorders in some parts of the Turkish Empire at the Coronation of the new Emperour, but these troubles have not produced such effects as was expected, and that the Divan (which is the great Counsel) is totally bent to prosecute the warre against this State, and therefore are makeing great preparations, both by sea and land, for the next spring; to that end is much conducing those 15000 Polanders carried to Constantinople for slaves, by meanes whereof, they will be able to set out their Gallyes, and that to the great disadvantage of this State, and by consequence, of all Christendome. This State in the mean time will be in great want of men, for supplying of their Navy, and chiefly for the 10 Gallyes that are suddenly to be made ready for the strengthning of our Navy, which neverthelesse is in a very good condition, by the extraordinary care of our Generals, as also by reason that the new Impositions, laid for maintenance of the Warre, are punctually paid, there being none but is willing to contribute towards the maintenance of a war, so just and so necessary, which this State hath maintained for above 4 years past, although they are to deale with so potent and mighty an adversary, who doth use all meanes possible for the taking of Candia, where he hath held a siege this many moneths, but notwithstanding all their plots, we hope this State will be able to hold our yet a long time, through the extraordinary &illegible; and vigilancie of the Generalissimo Moccenigno, and the Gen. Lippemano, Giacomo Barbaro, and Giles de Has, who now hold some correspondencie, and have more friendship together then formerly, the differences being accommodated between the two last, which was only about precedency. The Galley called La Valiere is lately gone from hence to go to Zara in Dalmatia, to carry 120000 Ryals of plato, with some other moneys for the payment of our souldiery, the better to hearten them for the design that our Generalissimo hath upon Castel-Novo in Albania, a place seated near the point of the Channel of Cattaro, which doth hinder our vessels going into the said Cattaro, Peracto, and other places belonging to this State, who hath now sent 40000 Duckets towards the charges which the Governor of Terra Pirma must be at for the reception of the Queen of Spain in her passage thorow those parts.

His Excellencies Letter to the Right Honourable, The Lord Major of the City of London.

My Lord,

I Have given order to Col. Dean, and some others, to seize the Treasuries in Goldsmiths-Hall, and Weavers-Hall, that by the said Moneys I may be inabled to pay quatters whist we lie hereabouts; having also ordered Receipts and Assurance to be given to the Treasurers of the said moneys, that they should be fully reimburst for the said sums, out of the Assessments of the City due to the Army, and out of other Assessments thereunto belonging; and indeed, although I am unwilling to take these strict courses, yet having sent so often to you for the said Arrears, and desired sums of money to be advanced by you, far short of the sums due from you, yet I have been delayed and denied, to the hazard of the Army, and the prejudice of others in the Suburbs, upon whom they are quartered; wherefore I thought sit to send to seize the said Treasuries, and to send some forces into the City to quarter there, untill I may be satisfied the Arrears due unto the Army: and if this seem strange unto you, ’tis no less then that our Forces have been ordered to do by the Parliament, in the severall Counties of the Kingdom where assessments have not been paid, and there to continue until they have been paid: And here give me leave to tell you, the Counties of the Kingdom have born free-quarter, and that in a great measure, for want of paying your Arrears equally with them; wherefore these ways, if they dislike you, yet they are meerly long of your selves, and are of as great regret to me and to the Army, as to your selves, we wishing not only the good and prosperity of your City, but that things may be so carried towards you, as may give you no cause of jealousie: I thought fit to let you know, That if you shall take a speedy course to supply us with 40000 l. forthwith, according to my former Desire, and provide speedily what also is in Arrear, I shall not only cause the moneys in the Treasuries to be not made use of, but leave them to be disposed of as of right they might, and also cause my Forces to be withdrawn from being in any sort troublesom or chargeable to the City; And let the wurld judge whether this be not just and equal dealing with you.

Westminster, 8. Decemb. 1648.

I rest, My Lord,                    
Your affectionate Servant,

T. Fahfax.

His Excellencies Order for the seizing the publike Treasuries of Goldsmiths, Weavers, and Haberdashers-Hall.

WHereas the Arrears of the City to the Army being near an hundred thousand pounds, and upon the security of them, there being but forty thousand demanded by us to be advanced by the Lord Major, Aldermen and Common-Councel, for the present supply of the Army, yet the same hath been now for a week delayed, and at last refused: And whereas, to avoid the Grievance of Free quarter, and inconveniency of quartering Souldiers at private mens houses, the Forces in the Suburbs having for the week past been kept in void houses, Inns, and the like, without trouble to private Families, or Free-quartering to any; and that the extreame necessity of the Forces before Pontefract may be supplied, you, or any one, or more of you are hereby required, with the assistance of such Forces as shall be needfull, to wrath into the City of London, and there to seize upon all such sums of money as you shall finde in the publique Treasury at Goldsmiths-Hall, Haberdashers-Hall, and Weavers-Hall, or in any of them, giving to the Keepers of the said Treasuries respectively, Receipts under your, or one of your hands for the sums, or number and proportion of bags so seised; all which sums you, or any one of you are to cause forthwith to be conveyed into blackstyers, there to be disposed of for the end aforesaid, as shall be further directed by his Excellency the Lord Generall; and you are to acquaint the Treasurers, or keepers of the said Treasuries, That they repairing tomorrow or on munday next to the Head-quarters, shall have assurance of their payment of the respective sums so seized, out of the Arrears of the City, or the Assessments of the Army. By the appointment of his Excellency and the General Councel.

John Rushworth Sec.

December 5.

The Commons Debate the Kings Concessions, the question about four the next morning, was thus stated, whether the said Concections were a sufficient Basis, or foundation for the &illegible; Government of this Kingdom, which was carried in the Affirmative. And why must not the question be put, whether satisfactory, or unsatisfactory, according to three severall preceding Orders for that purpose, but that his Majesties friends dispained so to carry it, arguing the night before at their close Committee, that the foundation of their design was destroyed, if the question was not thus altered, and carried? Mr. Prin made a learned sample Speech, three hours long setting forth his sufferings by his Majesty, (who had taken all but his ears from him) and therefore it could not be expected that he should speak affectionately for him, but only according to his judgement; and indeed he needed not to have been so tedious herein, for he well knew his Majesties friends were the major part then present, and resolv’d to carry it, right or wrong, whether he had spoken sense, or non-sense. One of his Majesties neighbors in the Isle of Wight, who long since swallowed the Royal poysoned Bait, spake half an hour together in compliance with his brother Prin, though to as little purpose, and lesse need. This thus carried proves only an introduction to a second Vote viz. That the Armies taking away his Majesties person from Carisbrook to Harst Castle, was without the privity and consent of the Parliament: And this Vote they would passe in a Bravado, though the Army was at White Hall; including thereby no lesse then Treason in the Army for so doing, on purpose to lay a foundation for a new war, which was speedily intended against this Army; for better effecting whereof, another of his Majesties most subtile friends in the house (who was lately touched at Newport) moved for an Adjournment, which if his brethren could have apprehended, (but God would not suffer) might have spoke fair for another ingagement, and more bloody war then yet happened to this Nation. The Army thus wounded with new Treason by old Traytors, a salve, is prepared, and a healing plaister spread upon a third Vote, viz. That a Committee shall be appointed to Treat with his Excellency and the Army, to hold a fair correspondency between them, (as if the Army could not apprehend this Sate-Treason) or the sowl correspondencie intended between Royall Traytors, and English Levellers. This nights work obstructs the near dayes sitting, so that their worships meet not till Wednesday following.

Dece. 6. The Army received a Delatory, or Negative answer from the City of London, as to the advance of 40000 l. formerly desired, and more lately promised, which inforces the &illegible; Councell of the Army to move his Excellency to give Orders to some Regiments to Quarter in the City, till their Arrears be paid.

The Basis of a new warre thus laid, and a two yeares &illegible; intended the next day to be concluded, the Army thus wounded for securing his Maiesty, and their Remonstrance waved, by their first Vote the King cleared, and this &illegible; Message from the City, grounded upon the whole, &illegible; the Army upon much necessity, and no lesse Iustice to secure some of his Maiesties &illegible; friends, and (Kingdomes enemies) in Parliament, against some of whom they had already preferred a Change and against the rest, another intended the next day. This put in &illegible; and &illegible; 40. Members apprehended the next day, viz. Sir Robert Harlow, Col. &illegible; Sir Will. &illegible; Sir Wolter Earl, Sir Samuel Luke, Sir Richard &illegible; Sir Iohn &illegible; Sir Morals Lyster, Lord &illegible; Mr. Knightly, Sir Gilbert &illegible; Sir Benjamin &illegible; Mr. &illegible; &illegible; Mr. &illegible; Mr. Crew, Mr. Edward &illegible; Mr. &illegible; &illegible; &illegible; Mr. &illegible; Maior Gen. Massey, Mr. Walker, Sir Robert Pye, Mr. Henry Pelham, Col. Leigh Sir Anthony Iohn, Sir The &illegible; &illegible; &illegible; Master &illegible; Master &illegible; Master &illegible; &illegible; &illegible; Mr. Bowton, M. Pryn, Mr. &illegible; Sir Symon Dewes, Sir William &illegible; Sir &illegible; &illegible; Col. William &illegible; Commissary Copely, Master &illegible; Colonel Nath. Finee. The House orders the said Members to attend their service, which the Officer of the Guard denyed, answering he had orders to secure them, and till those orders were recalld from his Excellency, or his superiors Officers, he could not discharge them. The report of this Answer puts the house upon adding some Members to the former. Committee, for good correspondencie, and vote any three of the Quorum. The Army by this time sends Commissioners downe to the Parliament, to acquaint them they had something to present unto them of great concernment, to which the House returned Answer they were ready to receive it, and would sit in expectation thereof some time; soon after severall Officers of the Army come to the house with the said Message, Colonell Whaley acquainted them, he, and the rest of the Gent. with him were commanded by his Excellency, and the Generall Counsell of the Army, to present to the present view, and consideration of that House, their desires and Proposals, which puts the House upon this Debate, viz. whether the said Proposals and desires of the Army should be considered of, before restitution of their Members and carried, that the Committee formerly appointed for good correspondency, should have power to treate with his Excellency, and the Army, concerning the discharge of their Members, before consideration thereof (wel-knowing that with their assistance they had been then able to have voted the Army Traytors the next day in plaine English, and carried it for two yeares adiournment) and consequently laid foundation for a new warre, and slighted the Remonstrance of the Army (in opposition to which they had but the day before voted the Kings Concessions to be sufficient grounds for a future government to this Nation) And could they finde no darker pretence to deceive the people with then this? for if his concessions be a sufficient ground for a future Government; do you not then vote them satisfactory, and is not the Kings negative voice hereby maintained in any one concession? and the grand Delinquent of the Kingdom excused from Iustice, contrary to the desire and Petition of all the well affected in the Kingdome, (which is the Kingdome) The Arbytrary power of the House of Lords maintained (as a third Party in making a Law) and the King made equall in power with the whole Kingdome, by writing Le Roy, Le veult, which his Predecessors formerly goe, and he now forfeited by Conquest.

Decemb. 7. Lieut. Gen. Cromwell coming into the House, they gave him formal thanks for his good services to this Kingdome, nay, and Scotland too, for beating their dear Trayterous brethren, with whom they and the City were, and yet are in Covenant. They Vote Serjeant Erle, and the Sheriff of Norwich to go down to execute the Commission of Oyer and Terminer. The Proposals and desires of the Army come by this time into Debate, and the question is, Whether they should be taken into consideration or not on Saturday next, which is carried in the Affirmative, and because the businesse is of great importance, a day must be set aside for humbling their souls for all their former miscarriages, and for seeking direction from heaven therein, and therefore Ordered Mr. Marshall, Mr. Carill, and Mr. Peters to Preach and pray all day before them in the House of Commons; as the forty secured Members had the night before in Hell it self, where they induced some torment for want of accommodation, these being not hedding sufficient for them, which made some of them the next day to wear Cape, the people much pitying their hardship, but neither the people, nor they, the poor souldiers, who indeed deserve it; but being the next day removed to the Kings-Head, they where well satisfied, and much rejoyced to suffer for it, and with it; and by importunity of their wives, some of them are at liberty upon Paroll, only Sir Harbottle Grimstone ran away, and afterwards sent notice to the Generall by Letter where he was, and the ground of his escape.

Decemb. 8. The house &illegible; and prayed till four in the afternoon, and then adjourned till Tuesday next, the Lords having adjourned to the same time; and the rather, its thought, because their Lordships were much frighted at these proceedings, fearing their conditions equall with the secured Members (because as guilty) but it seems the Army scorned to take notice of them, though one of their Officers did not of some of their prisoners (six Countrymen, who had been long secured by their Lordships, for yielding obedience to an order of the house of Commons) whom he rescued from their fury, as being free Commoners of England, and therefore not in the arbytrarie power of that illegall house of Peers.

The City failing, and absolutely denying to advance the 40000. li. promised, three Regiments of horse and foot advance in for quarters, making their main guard in Pauls Church, and since quartered in Pater noster Row, Cheapside, Lumbard-street, and all the heart of the City. Orders are given to seise all money in the Treasuries in Weavers, Goldsmiths, and Haberdashers Hals, for the present support of the Army, and to give receipts to the Treasurers for the same, ordering repayment thereof out of the Arrears of the City, when paid. Twenty eight thousand pounds was seised at Weavers Hall, and no treasure found elsewhere; But the Excise was not to be medled with, as appears by his Excellencies Letter ensuing, viz.

Gentlemen.WHereas upon this present eighth of Decemb. a party of horse and foot came to the Excise Office in Broadstreet, which perhaps will occasion some to thinke the Army came thither with a purpose to interrupt any more levying of the Excise. These are to assure them, that the said forces came thither by a mistake, and that there was not any intentions to give interruption unto the due levying of the Excise, or to seise upon any money in Cash, and that you may proceed as formerly, according to those Ordinances and Orders of Parliament, which you have received concerning the same, and that no molestation or hinderance shall be given by the Army, I remain,

Decem. 8. 1648.

Your very assured friend.

Fairfax.

For my worthy friends, the Commissioners of the Excise, and new Impost.

Decemb. 9. The Common Counsell send Commissioners to treat with his Excellency upon new Instructions, which take at large, with his Excellencies, answer.

1. To propound to his Excellency. That the City for their security of the 40000. l. desired, may have all the Arrears upon any Assessements made for this Army within London, and liberties thereof, which did grow due to he paid before the 25 of March last, freed from all engagements. 2. And of those Arrears, all the mony paid into the Treasury since the 30 of Novemb. last, to be accounted part of the 40000. l. desired, and that with the monies received out of Weavers Hall, and the 5500. l. lately received of the Treasurers, the rest shall he paid on Monday next. 3. That a Common Counsell have undertaken to discharge the Generals engagement concerning the money taken out of Weavers Hall, to pay the same, the other out of the said Arrears. 4. That the Common Counsell have promised to get in the rest of the Arrears, and also to make the new Assessements for the six moneths, ending at Michaelmas last, and to collect the same with all expedition. 5. And upon this engagement, they do humbly pray, that the Army may this night be withdrawn out of the City, and liberties thereof, according to the intimation of Col. Whaley, and Col. &illegible;

To these the Generall returned the Answer following.

My Lord and Gentlemen, I have perused your Paper and I finde the point of security hath much troubled you and us, whereby we are yet without our money, and necessities daily grow upon us, to prevent which, and to make things clear, (which I do not conceive your Paper does,) I desire you that you will within 14 dayes (or sooner if you please) cause all the money charged upon the City of London for the Army untill the 25 of March next, and in Arrear to be brought in; this being done, I shall both repay the money brought from Weavers Hall, and withdraw all these forces from the City; the continuance of which in the City, in the meantime will, I conceive, facilitate your work in collecting the said moneys.

Decemb. 9. 1648.

Your very assured friend,

T. Fairfax.

For the Right Honorable the Lord Mayor, Aldermen, and Common Councel assembled in London.

Take here the Heads of an humble Address to his Excellency, Thomas Lord Fairfax, and his Councell, from certain Troops, who voluntarily gave up themselves to oppose the King in his former Tyrannous war, and also the late Insurrections in the Nation, under the Command of Colonell.

Reynolds, viz.

Because the liberty of the meanest is alike precious to God, we have fought against injustice these many years, and were incited thereto by the Nations Representatives, who did seemingly set their faces against unrighteousnesse, and by many Declarations and Protestations did begin well, but through corruption have declined from their principles, and instead of being a Bulwark against all Tyrants and tyrannie, did endeavour to raise an Army against iustice and right, which was a sad reward to those that had rolled their garments in blood for righteousnesse sake; nay, have been Voted Traytors for seeking and petitioning for their liberty, and the freedome of the Nation, and many imprisoned, who were our dear friends, and approved friends to the Nation. There were likewise many Insurrections of late in the Kingdom, and a Scotch Army invited in by domestique hypocrites, and the like; and we engaged also against these (as continuing firm to our principles) others proving Apostates, did (as much as in them lay) strive to ruine both you and us, and to set up unrighteousnesse in the Land, to our great griefe, &c.

And therefore for the love and Honour we bear to justice and righteousnesse, (that one witnesse of God in the world) and for the real love we bear to unity upon that account, and for the real Honor we bear to your Excellencies Authority; in order thereunto, we desire you would give the highest, justest, reasonable, impartiall, and righteous assurance, and satisfaction that may be, to all people, and Just men in the Army and Nation (that have a godly Jealousie, and that would advance the interest of impartial justice and uprightnesse,) that you are reall to all the Nation, and to us in particular (as aforesaid, as being members thereof) that so the Lord alone may be acknowledged in iudgement, and impartiall righteousnesse in the earth. And then our blood shall not be precious in our sight, but we will (if God and nature cals for it) spill it as water in the streets, to accomplish those ends for the Nation, and our selves, as individuall members thereof, against all Tyranes whatsoever, and manifest our selves (though we would not compare or boast) as subiect to your Authority and Conduct, as any men living, in this our Generation.

There is a Book intituled, A new Survay of &illegible; teaching the practique part thereof, so as to improve many of the Lands of the Gentry and Commons of England, from 2. s. or 3. s. an Acre, to 5. s. 10. s. 20. s. or 30. s. if not more and that chiefly by the poor mans labor, held forth as the Authors owne Experiences, printed for Iohn Wright at the Kings head in the Old Baily.

FINIS.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

From Tuesday Decemb. 12. to Tuesday December 19. 1648.

FLatterers of Princes in these our dayes, have not only affirmed that Princes were lawlesse, but subiect to no Account, Reason, or Correction, whatsoever they did, but also, (which is yet more absurd and pernitious to all Common Wealths.) That all Goods, Chattels, Possessions, and whatsoever else a man hath, are properly the Kings, and that the people have only the use thereof, without any propriety at all, so as when the King will, he may take it from them by right, without insustice or iniury, which assertions do overthrow wholly the very nature and substance of a Common Wealth it self.

1. Kings were appointed in old time, that the people may the rather enioy Justice, and live in &illegible; and Tranquility, as Cicero saith, Justitiæ fruendæ causa bene morati Reges olim sunt constituti: but if they be bound to no Iustice at all, but must be obeyed, be they never so wicked, then is the end of all Common wealths, and Royall Authorities utterly frustrate; then may we set up publike Murtherers, Ravishers, Theeves, and Spoylers to devour us, in stead of K. and Governours to defend us; and then were all those Kings of the Iews, Gentiles, and Christians (formerly mentioned) unlawfully deprived, and their successors unlawfully put up in their places, and consequently all Princes living in Christendome at this very day (who are descended of them,) intruders, and no lawfull Princes.

And if the people have only the use, and no interest in their estates what other condition can the people be in, but slavery? Aristotle saith, That Free men and slaves differ only in this, That slaves have only the use of things without property, or interest, and cannot acquire, or get to themselves any Dominion, or true right in any thing; for that whatsoever they do get, it &illegible; to their Master, and not to themselves; and indeed the condition of an Ox or an Ass is the very same with a poor man that hath no slave, for that the Ox or Ass cannot be master of any thing for which he laboureth: And if all be the Kings by right, why then was Ahab and Iezabell, King and Queen of Israel, so reprehended by Elias, and so punished by God for taking away Naboths vineyard, seeing they took but that which was their own; nay, why was not Naboth accused of Iniquity, Rebellion, and Treason, for that he did not yield up presently his Vineyard when his Princes demanded the same, seeing it was not his, but theirs? Why do the Kings of England, France, and Spain, ask moneys of their people in Parliament, if they might take it as their own? Why are those Contributions, termed by by the name of Subsidies, Helps, Benevolences, Loans, &c. if all be due, and not voluntary of the peoples parts? How have Parliaments oftentimes (as the last but this in England) denied to their Princes such helps of money as they demanded? Why are there Iudges appointed to determine matters of Sute and Pleas between the Prince and people, if all be his, and the people have nothing of their own?

Another sayes, by what Law can a Common-wealth depose an evill Prince?

I answer. 1. By Divine Law for that God approves that form of Government which every Common wealth doth choose unto it self, as also the Conditions, Statutes, and Limitations which it self shall appoint unto her Princes. 2. By humane Law, for that all Law, both Naturall, Nationall, and positive doth teach us, that Princes are subject to Law and Order, and that the Common-wealth which gave them that authority for the common good of all, may also restrain, or take the same away again, if they abuse it, to the common evill, and may punish their Princes for such evill doings, he being not absolute, but Potestas vicaria, or Deligata, a power deligate, or by commission from the Common wealth, which is given with such restrictions, cautions, and conditions, yea, with such plain exceptions, promises, and oaths of both parties, as if the same be not kept between the King and People, but wilfully broken on either part, then is the other not bound to observe his promise, or oath, though never so solemnly made or sworn: For if two travellers should swear the one to assist the other upon the way, from all theeves, and other danger whatsoever, and it fall out, that the one joynes with a friend, and sets upon the other, to rob and slay him; clear it is, that the other is not bound to keep his oath towards that party that hath so wickedly broken it unto him, but rather ought to kill, or prosecute the Law, or Oath against him, for breach thereof. Childerick the last King of France, of the first Line of &illegible; for that as Paulus Emilius, Belforrest, Gerard, and other French stories do testifie, That being to be deposed, the Bishop of &illegible; in the name of all the Nobility, and Common-wealth of France made his Speech to &illegible; the Pope, for his Deposition, alleaged these two reasons, saying, Truth it is that the French have sworn fidelity unto Childerick, as to their true and naturall King, but &illegible; with condition, that he on his part should also perform the promises that are &illegible; to his office, which are, To defend the Common-wealth, protect the Church &illegible; Christ resist the wicked, &illegible; good, &c. And if he do this, then the &illegible; are ready to continue their obedience, and allegiance unto him; but if he hath &illegible; none, or not all these things, he is neither fit for a Captain in War, or for a Head &illegible; peace. And if nothing else may be expected while he is King, but detriment to &illegible; State, ignominy to the Nation, danger to Christian Religion, and destruction &illegible; the weal-publike, then it is lawfull for you no doubt (most holy Father) to &illegible; the French from this tie of their oath, and to testifie, that no promise can binde &illegible; Nation in particular, to that which may be hurtfull to all Christendom in &illegible;

Thus far the Bishop and his Speech were allowed, Childerick thereupon deposed and Pepin made King in his place:

By this then you see the ground whereon dependeth the righteous and lawfull Deposition of wicked Princes, viz. their falling in their oath and promises which they made at their Coronation, that they would rule and govern justly, according to Law, Conscience, Equity, and Religion; wherein, if they fail, or wilfully decline, casting behind them all respect of obligation and duty, to the end for which they were made Princes, then is the Common-wealth not only free from all oaths made, of obedience, or allegiance to such unworthy Princes, but is bound moreover, for saving the whole body, to resist, chasten, and take off such evill heads, if she be able, for that otherwise all would come to destruction.

Hurst-Castle, Decemb. 14.

Its no news to tell you that the person called the King is in this place ever since the first of this moneth: When the Governour of this Castle, Col. Eytes came down, and came into his presence, his Majesty saluted him with a kinde of a jeer, telling him, he hoped he would not take it ill that he came to visit his wife in his absence; but withall, that he was sorry to put him up in so narrow a room (meaning, himself and attendants would take up the greatest part of that little Castle, the Governour not having one room left for entertainment of a friend). The Governour answered his Majesty, that the place afforded not that accommodation as might be desired, but hee should be well satisfied with his present condition, especially now that his Maiesty was there in safety (which I believe was more then his Maiesty could cordially say himselfe). Upon Sunday last his Maiesty was speaking to Lieu. Col. Cobbet, to shew him by what order he was brought to that Castle (which till that time he had not seen) the Lieu. Col. shews him the Order, upon the perusall of which, he seemed to be well satisfied, after some debate about it, but told us, that as he had no desire to stay long in this place, yet he should be unwilling to be removed hence without the sight of an Order before hand; to which was answered, that necessity was above Order; he replyed, that it was true, but necessity was many times pretended, when there was none. Upon Munday morning he desired to take a walke upon the Beach, vvhich was condescended unto, there being sent before some Scouts to discover any danger that might be; having taken a walke of about a mile, he returned, and ever since, the weather hath been so bad (till these 3 or 4 last daies frost that he hath not desired to go abroad till yesterday; he seemes to &illegible; very pleasant ever since his coming hither, and takes great delight in discoursing of the Wars, and in shedding the blood of honest men; how it will be with him when he shall be called to an accompt for it, as a short time I suppose will produce (I know not) but do presume, the rememberance of it will not be so pseasant: I much rejoyce that so honest a heart as Lieut. Colonel Gobbet is with us in this place, there is a necessity of sending downe money presently, if the King shall stay long; his servants having taken up moneys and provisions for him, upon their own Credits. There was a mistake in naming the Kings attendants the last week, Major Ducket (an honest godly man) was left our, Master Reading was put in, but not here, Captaine Preston was called Capt. Weston, Mr. Laban is called Master &illegible; Master Muschampe is also left our, all which I Impute to the Scribe that sent their names from hence. We rejoyce to heare of the Armies proceedings, and taking into Custody the Rotten, Trayterous members, who have been the cause of all our misery, I wish they may so throughly purge them, as there may be no dreggs left, and bring them, and all other incendiaries, and Obstructors of our Freedoms, to exemplary and speedy Iustice, there being in my apprehension, no other visible way to prevent the shedding of blood, but by shedding the blood of these Incendiaries, without respect of persons.

Yours, A. T.

This Letter being sent to his Excellency, and comming to our hands, take at large.

My Lord, I have understood by your late Remonstrance, and actings thereupon, how God hath awakened you now at last to his own work. The time was (which I then exceedingly bewayled) when you knew not the things that belonged to the Kingdoms peace, nor to your own: but now God of his great mercy to his people, and goodnesse to you, hath anoynted you with that eye-salve, which hath caused you to see both. And this is no other then Gods own doing among you, and towards his people, and so much the more marvellous in our eyes, by how much the more you were once against it. Wherefore I look upon your present actings, as the precious fruits of the faith and prayers of all the people of God in the Kingdom, aswell as your own, crying out aloud to God for deliverance, which they did beleeve, when they saw no means, nor could point out any instrument for this work; they all, with their Estates, Liberties, and lives, being as certainly sold by the Parliament Treators, and their faction, into the hands of the Tyrant King, and his malignant, malicious, and implacable party, as ever the Jews were sold by Haman, to be destroyed and slain in all the Provinces of the Empire of Ahasuerus. For after the Parliament, under pretence of opposing tyrannie, and arbytrarie power, and of restoring among us justice and judgement again, had drawn in all the honest and wel-affected party every where in the Kingdom, to appear for them, and so by this means had discovered them, and made them manifest in every County, City, Town, Village, and Family, then they treacherously deserting the cause they pretended to, and to make their own private peace with the King, without any consideration of the trust reposed in them, deliver up all these people, together with their just and righteous Cause, to the wrath, cruelty, and revenge of an inraged enemy, whom they would needs invest with his former greatnesse, and cunningly steal him into his former power, on set purpose to enable him to accomplish this mischief; which was the most treacherous, unworthy, and devillish design against honesty it self, aswell as all honest men, as ever was hatched in any age of the world. And therefore blessed be God, who hath kept your Army together, notwithstanding all secret subtleties, and open violences used to dissolve you, and hath also ingaged your hearts to this great and glorious work, of doing justice to all without respect of persons, then which, there can be nothing more acceptable to God, and more profitable to the Kingdom. Now because the work you are upon is a great work, and you are like to meet still with many great rubs, difficulties, oppositions, detractions, censures, many sons of Anack, and walled Cities, therefore I beseech you remember, that the whole work must be managed by faith, from the beginning to the end: For you now walk upon those waters (of People, and Nations, and multitudes) into which you will sink, longer then you do believe. And to strengthen your faith, remember how God hath been with you in the former and latter War; remember the footsteps of his presence, the menifestations of his power, the guidance and direction of his wisdom, the protection of his speciall love and providence; together with all the various helps of his goodnesse upon all occasions, above all your thoughts, and learn to trust and depend on him for the time to come, who hath been so faithfull and gracious to you hitherto. Consider moreover, that the time seems to be come, wherein God cals to remembrance the fighting of the poor, and the cry of the needy, and wherein he is come down to make inquisition for blood, for all the innocent blood of the thousands, and ten thousands that hath been shed, even from the first, to the last innocent blood of Col. Rainsborough. Wherefore rise up with God against his enemies, and let your heart be incouraged, and your hands strengthened to execute the vengeance written. How are the eyes of all the faithfull of the Land fixed upon you, as upon that power that God hath raised up, and preserved, and strengthened for this very purpose. Wherefore take heed now of worldly compliances, of counsels, of humane reason and prudence, of base self-ends and self-interests and of the cooling, delaying, daubing councels of fair, but false friends, and remember the work you are about is Gods, and not your own; wherein you can do nothing regularly, as you will, but must do all as he wils: Do justice, execute judgement, relieve the oppressed, cut in sunder the bands of wickednesse, break in pieces the Oppressors, from the highest to the lowest tyrant and content not your self to do justice, only so far as may be convenient for your selves, as Jehu did once in his faigned zeal for the Lord of Hoasts; for then however you may prosper for a while, because you do the work of God, yet your latter end will be, to be cut off, because you do it for self love, and not the love of righteousnesse, and so but by the halfs. Sir, the greater, and more unparalelled your work is you stand in the more need of caution from your selves, and counsell from your Christian friends; and therefore I have been so bold with your Excellency at this time, yet in all &illegible; and truth of affection both to your self, and the work of God in your hands. Now the Lord prosper you in his own work and way, and make your hands strong by his, till the whole counsell of his will be accomplished, for the preservation of his people, and the subduing of his enemies in this Kingdom. And so I crave leave to write my self.

Your Excellencies humble and faithfull servant in and for Christ.

A Solemn Protestation of the Imprisoned and secluded Members of the Commons House, against the horrid Force and violence of the Officers and Soldiers of the Army, on Wednesday and Thursday last, being the 6 and 7 dayes of December, 1648.

VVEE the Knights, Citizens, and Burgesses of the Commons House of Parliament, (above one hundred in number) forcibly seised upon, violently kept out of, and driven from the House by the Officers and Souldiers of the Army under Thomas Lord Fairfax, comming thither to discharge our Duties on Wednesday and Thursday last, being the sixt and seventh of this instant December, do hereby, in our owne Names, and in the Names of the respective Counties, Cities, and Burroughs for which we serve, and of all the Commons of England, solemnly Protest and Declare to the whole Kingdom, That this Execrable Force, & open Violence upon our Persons, and the whole House of Commons, by the Officers and Army under their Command, in marching up against their Command, and placing strong armed Guards of horse and foot upon them, without and against their Order, is the highest and most detestable force, and breach of Priviledge and freedome ever offered to any Parliament of England, and that all Acts, Ordinances, Votes, and Proceedings of the said House, made since the sixt of December aforesaid, or hereafter to be made, during our restraint and forcible seclusion from the House, and the continuance of the Armies Force upon it, are no way obligatory, but void and nul to all intents and purposes: and that all Contrivers of, Actors in, and assistants to this unparalel’d force, and Treasonable Armed violence, are open Enemies to, and professed subverters of the Priviledges, Rights, and freedom of Parliament, and disturbers of the Peace and settlement of the Kingdom, and ought to be proceeded against as such: and that all Members of Parliament, and Commoners of England, by their Solemn Covenant and Duty, under pain of deepest Perjury, and eternall infamy, are obliged unanimously to oppose, and endeavour to their utmost power, to bring them to exemplary and condign punishment for this transcendent Offence, tending to the dissolution of the present, and subversion of all future Parliaments, and of the Fundamentall Government and Laws of this Realme.

All which we held our Duties to declare and publish to the world, for fear our stupid silence should give any tacit consent, or approbation to this most detestable crime, and make us guilty of betraying the Priviledges, freedom and honor of this Parliament, to our perpetual reproach, and the prejudice of all suceeding Parliaments. Dated at Westminster December 11. 1648.

Take here likewise a Declaration of the Lords and Commons Assembled in Parliament.

THe Lords and Commons Assembled in Parliament, taking into their consideration, a Printed Paper, Intituled, [A Solemn Protestation of the imprisoned and secluded Members, &c] Wherein, amongst other things it is declared (That all Acts, Ordinances, Votes, and proceedings of the House of Commons, made since the sixt of this instant December, or hereafter to be made during their restraint, and forcible seclusion from the House, and the continuance of the Armies force upon it, are no way obligatory, but void, and null, to all intents and purposes) The said Lords and Commons do thereupon Judge and declare the said Printed Paper to be false, scandalous, and seditious, and tending to destroy the visible and fundamentall Government of this Kingdom; And do therefore Order and Ordain the said Printed Paper to be suppressed: And that all Persons whatsoever, that have had any hand in, or given consent unto the Contriving, Framing, Printing, or Publishing thereof, shall be adjudged, and hereby are adjudged uncapable to bear any Office, or have any place of trust, or authority in this Kingdom, or to sit as Members of either House of Parliament. And do further Order and Ordaine, that every Member of either House respectively, now absent, upon his first comming to sit in that House, whereof he is a Member, for the manifestation of his Innocency, shall disavow and disclaime his having had any hand in, or given consent unto the Contriving, Framing, Printing, or Publishing of the said Paper, or the matter therein contained.

Die Veneris, 15. December. 1648.

ORdered by the Lords assembled in Parliament, That this Declaration be forthwith Printed and published.

Ioh. Brown &illegible; Parliamentorum.

The Copy of a Letter written from &illegible; by a Gentleman of that City concerning a Proposition made unto the King of Poland, about the rare invention of Flying in the Air.

Noble Sir,

DId I not know full well how earnest you are after the finding out of rare inventions, and other curious things worthy of a noble and heroik spirit, I should not be so ready to impart you any thing that cometh to my knowledge, worthy of your observation, and also knowing your many and great imployments, yet do now make bold to represent unto you the strangest, and never heard of before invention of flying in the air. which, I doubt not, will, for its curiosity, and &illegible; of the conceit, be a matter of delight and pleasure unto those that are learned, especially that have studyed the Mathemateiks; and although this subject may be a matter of laughter, and be despised amongst them, being a rule among the vulgar, as not to believe any thing whatsoever, any further then they can apprehend the same, never considering what likelyhood, or probability there is for the effecting thereof: The thing is thus.

There is at this present in this Court a certain man lately come from Arabia, who is come hither to the King of Poland, to whom he proffeseth his head for security of that which he propoundeth, which is, that he hath brought from that Countrey the invention of a Machine, being Airie, & of a construction so light, neverthelesse so found and firm, that the same is able to bear two men, and hold them up in the Air, and one of them shall be able to sleep, the whiles the other maketh the Machine to move, which thing is much after the same manner, as you see represented in the old Tapistry hangings, the Dragons flying, whereof this same takes its name: I do give you them for patern, or modell of this invention, being a thing much in question, and to be doubted concerning these flying Dragons, whether any be alive; likewise it is questioned by many of the truth of being any Unicorns, Griffins, Phœnix, & many other like things, which by many wise, understanding men, are deemed to have little or no reality in them, but all imaginary; neverthelesse we beleeve this upon the credit of Antiquity, and the report of many who know more. There are few in this Court but have got a pattern of this Machiner, and do hope to send you one likewise, in case that this project takes some good effect, and proves to be as true, as rare in its invention; the forms of it which he hath made, and afterwards presented here, with the many strong reasons he gives for to maintain his Proposition, seeme to be so strong, and so likely to be true that there is great hopes conceived thereof; and although he undertakes that the Celerity, or swistnesse of this Airie post, shall be far beyond that of our ordinary Posts, seeing he promises to go with the same in 24 hours, 40 Leagues of this his Country, which will make of English miles neer 240. which thing seemeth so strange to many, that therefore they fal off from him, & so give little credit to it, although he hath brought with him good Certificates, how it hath been approved by many in other places, where he hath made experiment thereof, to his great Honour and credit, and the Admiration, and great amazement of the beholders; besides, it may be well thought, that a man of Honour, as he seems to be, would not set so little by his life, as to lay it at stake about a businesse of that nature, except he had some good grounds for it, and had some experimentall knowledge of the same; seeing he must hazzard his life two severall wayes, the one in case he did not make a triall of what he had promised, and so be proved to have come hither as an Impostor, to have cheated this Court, who upon discoveries of like businesses, will not make it a jest, or a thing of small moment; and the other time of danger is, when he begins to take his flight, which he is to do above the highest Towers or Steeples that are, and without his dexterity and certain knowledge therein, would run into an utter ruin and destruction.

Whither it be true or no, there are Commissioners appointed, who are to examine the businesse, and so acordingly as they finde it, to make their report, and is appointed to make an essay, and shew a piece of his skill in their presence, before he is suffered to act it publickly, that if in case his businesse doth not prove according to expectation, they that have given credit to it, and him may not be exposed to open shame and derision, even as it happened once in the City of Paris, where a stranger having gathered together neer the Louure many thousands of Spectators, in whose sight, as a man void of sense and reason, having taken his flight from the top of the highest Tower thereabouts, which is between the Louure and the River of Seine, this miserable wretch fell down upon the ground, broke his neck, and his body torn in pieces. Whilest every one is expecting the issue of this, there are many great wagers laid about it, yet take this by the way, that there hath been severall great consultations made with the Mathematicians about this, who have all declared, that the putting it in execution is very difficult, but for the thing it self, do not count impossible; and to this purpose there was a true information brought of a prisoner, who having tied very fast about his Coller, and under his Arms, a long Cloak, whereunto was made fast a Hoop, to keep the spread out, and round, casting himself from the top of a high Tower, where a small River ran at the foot thereof, wherein he thought only to have faln, it happened otherwise, for he was carried on the further side of the water, and came there save and found; this Cloak, which stood him instead of a fail, did bear up the weight of his body, and so &illegible; the air by degrees, that he had time to defeend easily to the ground, without receiving any hurt by the fall; and not to bring here that fabulous History of &illegible; the most famous Artist of his time, Architer Tarentin made a wooden Pigeon, who fled very high into the air, as also an artificiall Eagle, at Nuremberg, at the magnificence and great Reception which was made by that City unto Maximillan the Emperor although both of them were much heavier, and yet not so big as a childes babie; these two things being raised a great heighth into the Air, being only held with a &illegible; But another Ingineer had not so good successe, for having raised himself into the Air by means of an Engine, much like to this we speak of, before he had raised himself so high as he intended, the Wiers did break in pieces, whereby he fell to the ground sooner then he was willing, and by the fall broke his thigh, and was in great danger of his life; yet by this we may gather thus much. That the thing may possibly be done; moreover, experience daily shews us, that nothing is impossible unto man, but that through labour and industry, the most difficult things at length may be obtained, only in this point concerning the possibility, or impossibility of things, wise men do seem to be most slow in giving their opinion about it; there are also examples of birds, and those that swim; whereby we may judge by their swiftnesse, that the Air may do the same operation upon other subjects, according as the Artist can accommodate it self to it.

Westm. Decemb. 12. The Commons Vote Major Butler, and Capt. Stirkes Troops in Northamptonshire to be continued for a moneth longer. Bristoll and Exon Petition referred. They revoke the Votes for re-admitting the 11 Members, and Vote them to be of dangerous consequence, and tend to the destruction of the peace and justice of the Kingdom: And repeal the Votes that repealed the former Votes for no Addresse to, &c. from the King, and declare them highly dishonourable to the proceedings of Parliament, and apparently destructive to the good of the Kingdom. The Commons Vote that the severall Votes of the 10 of Novem. 1648. concerning the banishment of the L. Goring E of Holland. L. capel, Sir Henry Lingen, Henry Hestings, Esq; now called L. &illegible; Major Gen. &illegible; and Sir John Owen, are destructive to the Justice of the Kingdom, and are hereby revoked, and made void. They likewise ordered, that the Vote of the 10 of Novemb 1648. that James Earl of Cambridge be fined the summe of 100000 li. and that he be kept close prisoner till the payment of the said summe be, and is hereby revoked, and he left to justice. They likewise resolved that the Vote of Aug. 2. 1648. That the Commissioners intended to be sent unto his Maiesty, to treate with him shall have power to treate with his Maiesty in the Isle of Wight, upon such Propositions as shall be offered by him, was destructive to the peace of the Kingdom, and is hereby made void. They further ordered, that the Vote of Decemb. 5. 1648. That the Answer of the King, to the Propositions of both houses, are a ground for the House to proceed upon, for the settlement of the peace of the Kingdom, is highly dishonourable to the Parliament, and destructive to the peace of the Kingdom, and tending to the breach of the publike faith of the Kingdom. And that the Vote of July 28. 1648. That a Treaty be had in the Isle of Wight, with the King in person, by a Committee appointed by both Houses, upon the Propositions presented to him at Hampton-Court, was highly dishonourable to the proceedings of Parliament, and apparently destructive to the good of the Kingdom. A Committee was appointed to collect the Votes and Orders concerning Elections in Cities and Burroughs, and are to present to the House an expedient, how to avoid the Elections of Malignants, and such as brought in the Scots, or had any hand in the last war. They likewise ordered, that it should be referred to his Excellency the Lord Generall, to take care that the King escape not, and that he keep his Maiesty in safe custody. In order to which his Excellency and his Councell of war thought fit, that his Maiesty should be removed from Hurst to Windsor Castle, and that a Brigade of horse be drawn out of all the Regiments in and near London, to be a safe guard and convoy for his Maiesty to the said Castle. Decemb. 14. The Commons Vote a Committee should go to the Generall, and know of him upon what grounds the Members of the house are restrained from comming to the house by the Officers and Souldiers of the Army. They likewise ordered, that the Vote formerly past for appointing Ships to guard the Isle of Wight, be taken off and that the said Ships be used for the most advantage of the Common wealth. A dispute then arises for calling the Lord Admirall home by Letter, but upon division of the house, it was carryed in the negative. They repeal the Ordinance for setling the Militia of the Kingdom, and that likewise for the Militia of Lancaster. They vote Ammunition for Hurst-Castle, according to a particular sent up by the Governour. Decemb. 15. The L. Gen was ordered to be desired to send a guard daily of horse and foot, to guard the house. And a Committee was appointed to attend the Generall therewith. They vote two moneths gratuity for the Marriners, And if so, why not two moneths gratuity for the poor gallant &illegible; And order that the Committee of the Navy do confer with the Lord Gen. that the 28000. li. that was received by the souldiers at Weavers, Hail and is to be paid out of the arrears of the City, and shall be paid in by the City, do go, and be imployed for the present service of the Navy, and that the said summe be re-imbursed, and paid to the Treasurers at Weavers Hall, within three moneths, out of the Customes. Monies and provisions for the Navy were referred to a Committee. Decemb. 16. The Committee of the Revenue report what is fit to be daily allowed for the K. and his attendants expences; The house concurried therein, and ordered to &illegible; a day be allowed accordingly. They likewise reported the names of those that shall attend his Maiesty, which the house approved of; Their names are, viz. Mr. Harrington, and Mr. Horbert, both of the Bed-chamber, Mr. &illegible; Carver, Lieut. Col. Robinson Cup bearer, Maior Ducket Sewer, Cap. Preston of the Robes, Mr. Readig Page of the back staires, Mr Lee paymaster, Mr Muschamp of the Woodyard, Mr. Levin of the Cellar and Butrery, Mr. Katchside of the Pantry and Ewre, Mr. Laban. Page of the Presence, Mr. Turner groom of the Chamber. Cap. &illegible; Mr. Cook. They repealed the order, forgiving to send for Delinquents (being none of the 7 excepted) from beyond sea and out of prisons, to compound, and that such Delinquents as were so sent for, are to be remanded to the same prisons again. The Lords agreed to an Ordinance for repealing the Ordinance for setling the Militia of the Kingdom. The Commons vote another Ordinance for setling the Militia of the Kingdome, to be drawn with speed. A Letter came from the 16 of the Committee of Kent, declaring their sense and danger of the Ordinance for the Militia of the Kingdom being in the name of King and Parliament, in which respect they know not how to act upon it, unlesse the King and Parliament were agreed, which they desire to know, and if agreed, then upon what termes. The house rescented this well, and ordered a letter of thanks to them, and withall to acquaint them, that they had repealed the said Ordinance. They order that on Monday the house should consider of some expedient to be offered, for the settlement and peace of the Kingdom.

Two honest Representations, and Petitions, from Bristoll, and Dover Castle, were presented to the Generall this week, and his Councel of War, which was well rescented, and all honest men praising God for so happy Coniunctions of all the godly people in the Kingdom, here take them at large:

To his Excellency Thomas Lord Fairfax, and the Honourable, the Councell of the Army.

The Humble Representation of divers honest inhabitants of the City of Bristoll, and the Adjacent Villages.

My Lord and Gentlemen,

WHen we beheld the glorious splendor of Iustice and Righteousnesse, beaming forth it self in your Remonstrance to the House of Commons, November 18. 1648. we were filled with joy and satisfaction, that the divine presence had again overshadowed you, and appeared thereby to us with smiles of love, and pledges of favour, when with the night of ruine we were almost overwhelmd: For which, as we kisse the footstool of that glorious Majesty, who thus rarely brings forth our deliverance, so we chearfully confess you to be his glorious Instruments, whereby he hath stilled the enemy, & the avenger.

We must seriously professe, that though your former proceedings against that generation, were exceedingly prospered, beyond the Parallel of former ages, and had engraven upon them, the kindnesse of God to a distressed people, yet they had but served to make us more exquisitely miserable, if your former Conquests should have acquiesced in the Actions of that House; who were bringing your Conquered Prisoner with Honor and safety to sit upon the Throne of Power, Majesty, and Greatnesse, without satisfaction for the blood that hath been shed, or sufficient provision made for the security of the liberties of England, and their faithfull assertors: And should you now (which God forbid) forbear the effectuall prosecution of what you have now Remonstrated, and professed, we may from that, sadly write all imaginable misery upon us, and our posteritie for ever.

We were filled with sorrow when we saw the abominable Apostacy, and degenerated Actings of the Maiority of the House of Commons, who, after we had bought their security with our most precious blood, and treasure should by their Treating with the King, so cruelly fell us into the blood and revenge of him, and his Consederates, so contrary to their &illegible; Principles and Declarations, and to iustice and equity, esteeming the effusion of the most excellent english blood to be but a iust Homage to his lusts, and Tyrannie, and all their unhappinesse to be but an equitable Tribute to his will and pleasure; the consideration of which, as it filled us with amazement, so it drew from us thereof a sad Remonstrance, which we made ready to present them but when we saw what would be its portion, in the laying aside of other Petitions of that nature; through the prevalencie of the Royals Faction, we were put into great perplexities, and thoughts which way we might avoid our destruction, and then were directed to your Excellencie and Army as those who were the sword of the Lord, and the only way we could imagine for our preservation. To you then, as the last hopes of our dying spirits, did our thoughts hasten, if so be God had laid up in your heart salvation, and to that end, unbosomed our troubled souls with an Humble Representation, and with our desires that you would pity your selves, and England, and take notice of our Apprehensions, and Condition, in that the Petition was intended to the House, and act in Orders to them both, and we were ready to have presented it, but such was the goodnesse of God, that in the moment of time he appeared upon you beyond all expectation, with the glorious presence of Iustice and Equity, and with excellent Remedius for the healing of the Nation, layd down in your Remonstrance; with which, as we are really one in all things, so as life, upon the giving up of the Ghost, was it to us a seasonable refreshment.

In the prosecution of which, go on Noble Generall, and worthy Gent. in the strength of the Lord of Hosts according to his power acting in you; and his people your friends in England, and cease not till the Cedars of Tyrannie be laid even with the ground, and the happinesse of this the Nation be established upon the pillars of Iudgement and Equity. For the accomplishing of which, we do hereby assure you, that with our lives and estates we shall readily follow you in all your engagements.

We who subscribed a Petition to your Excellency, presented at Kingston, in August, 1647. do desire our loving friends, Mr. Robert Stapleton, Mr. Iames Powell, Maior Samuel Clark. and Capt. Thomas Norris, or any two of them, to deliver this Representation to your Excellency and Councell, in our names, and at our Requests.

To his Excellency, the ever &illegible; Lord Fairfax, Generall of the forces in the Kingdom of England, and Dominion of Wales.

The humble Representation of the Officers of horse and foot in, and about Dover Castle, in the behalf of themselves and souldiers.

Humbly sheweth,

THat as we cannot but look on it as an especiall Act of providence, and manifestation of Divine love, that notwithstanding the power and policy of the publick Enemies of this Kingdom, your Excellencies undertakings should be Crowned from heaven with so great successe and victory, so we are fully sensible of the inveterate Rage, and continued plottings of our adversaries, together with the detectable Apostacy of many that have formerly ioyned with us; whereby, after the effusion of so much precious blood, we are likely to be &illegible; under a most cruell Yoke, worse then our late Egyptian Bondage, and therefore we most humbly declare:

That we prize it as a great and choise pledge of future blessings, that God hath stirred up your Excellency to Act on such high and raised principles, as are set forth in the late Remonstrance and Declarations, whereby Iustice may be impartially executed as well on him that sits on the Thrent, as on the meanest subiect, and the cursed Actions, and troublers of our Israel, removed from among us, that righteousnesse may run down in such a stream as the God of Iustice may be satisfied for the Current of the blood of his Saints that hath been shed in this Kingdom, and the faithfull reap the benefit of their former servent prayers and endeavors. In Order to which, we are, and shall be ready to the hazard and lesse of what is most dear and precious to us, to engage in any service to promote the ends proposed and though we have not been so speedy in this Representation, and are Restrained to a particular place, (in which we shall endeavor to Act faithfully according to our trust) yet our hearts are enlarged with the earnest desire of the publike Peace, and safety, and have, and do unanimously reioyce in your Excellencies righteous undertakings, in pursuance of the ends Remonstrated. And not doubting but the God of our former deliverances, will carry your Excellency through all difficulties, and those mountains of opposition shall become plaine before you. We humbly beseech your Excellency would proceed in what is justly proposed, that the Kingdom may not be beguiled with the specious pretences of our subtile adversaries, but that Delinquents may be punished, our liberties confirmed, and the Kingdom fetled, to the glory of God, and comfort of his people; for the effecting of which, without respect to our pivate interests, we shall willingly, with our lives in our hands, encounter vvith the great difficulties, and really ingage in vvhat may manifest our selves,

Your Excellencies, and the Kingdoms most saithfull servants.

From before Pontefract Decemb. 16. Sir, our service is difficult, and our duty as hard, but for pay, are in greatest of want; the Committee of the Army promised us a moneths pay 14 dayes since, and told us that the Treasurers would send us down Warrants, or Bils of Exchange, but as yet we hear nothing of either. Wee cannot expect any thing from the poor Country, though (for want of pay) we are forced to desire victuals of them, and I am perswaded, that many that give us it, stand in as great, if not greater need thereof then our selves. It pities us, that we must of necessity be so burthensome to them and we are the more troubled, that we should be so slighted. We have at last concluded of a Declaration in complyance with the Remonstrance of the Army, and have sent up a Captain to present it to his Excellency, and the Councell of war though we have not the honour to bring up the Van in this great undertaking, yet we know there is much honour to bring no the Reer. We are not good leaders, but may be good followers, and I am confident will be in this engagement. The forces within come out daily, Lieut Cole came out on Monday last deserting the enemy, he sayes they have good store of provision, but the souldiers very sick, and much indisposed: about two dayes after came out one Mr. Hawkins, who desired presently addresse to Maior Gen. Lambert, which granted, he acquainted him that the said Lieutenant Cole came out of the Castle upon a design to stab him, the Lieutenant was likewise examined, but denies it; both stand Committed till further Order.

Scarborough 16 December. Sir, we have been sed long with expectations from the Governour, to admit of a reall Treaty, we finde him very plausible of late, and more complying now then ever; I suppose we shall make but shore work of this businesse, having great hopes, and some assurance of a speedy surrender. We heare our Brethren of Scotland are not well pleased with the late transactions in England; the Royall party would faine be heading, but little danger of any Attempt thereof till the Spring, but I doubt not Argiles fidelity, and performance of his former Engagement.

White-Hall Decemb. 18. This last vveek hath in patt been spent in Debate of the Agreement: The Question that sticks vvith them, is, What power shall be given to the Civill Magistrate in things called Religion, and whether any at all, and in matters of appeal to Parliament; a short time, I hope, will end the dispute; and in part likewise concerning the Execution of Iustice upon Capitall Offenders, and something Ordered in relation thereunto, which I shall forbear to mention at present. The City begins to be sensible of their error, and complies with the desire of the souldier, as to bedding for all the foot, and submiting to quartering amongst them; they begin to repent their folly, but by that time some of their Grandees have paid for’t, they’l be better satisfied.

West. Decem. 18.

The Lords desired that Friday next be kept a day of humiliation for all within the late lines of communication, to seek God for diverting the heavy Iudgements that hangover the Nation, and for giving a blessing upon the consultations of Parliament; the Commons disagreed as to all within the late lines to observe the day, and agreed that the two Houses only keep it as Margarets Westminster. They voted Mr. Gockaine and Mr. Bond should be desired to preach, and Mr. Hoxcraft to pray. The Lords agreed to the Ordinance for election of Officers in London, to be neither Delinquents, or those that have acted in the late Commotions or insurrections, or such others as have had a hand of inviting the Scots into this Nation.

FINIS.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

From Tuesday Decemb. 19. to Tuesday December 26. 1648.

COncerning the Interest of Princes before their Coronation, most of them have not failed to finde as shamelesse flatterers, as themselves were either vain or wicked Princes; and for my part, I am of opinion, That the Propositions of Belloy did rather hurt and hinder, then profit the Princes; by whom, and for whose favour he writ them, Is the King of Navarre: whom hereby he would have admitted to the Crown of France without all consent, or admission of the Realm: But I for my part, as I doubt not greatly of his Title by propinquity of blood by the Law Salique, so on the other side am I of opinion, that these Propositions of Belloy on his behalf, that he should have entred by only Title of birth, without condition, consent, or approbation of the Realm, without Oath, Anointing, or Coronation, yea, of necessity, without Restraint, or Obligation to fulfill any Law, or to observe any priviledge to Church, Chappell, Clergy, or Nobility, or to be checked by the whole Realm, if he rule amisse: These things, I say, are rather to rectifie the People, and set them more against his entrance, then to advance his Title; and therefore in my poor Iudgement, it was neither wisely written by the one, nor politickly permitted by the other; and to the end you may see what reason I have to give this censure, I shall here set down his own Propositions touching this matter, as I finde him in his own words: First then he avoucheth, [That all families which enioy Kingdoms in the world, were placed therein by God only, and that he alone can change the same, which if he refer to Gods universall providence, Quæ attingis a fine usq. in finem sortier, as without which, a Sparrow fals not to the ground, as our Saviour testifieth Mat. 6. None will deny but all is from God, either by his Ordinance, or permission; but if we talk, as we do, of the next, and immediate causes of Empires, Princes, and of their changes; Cleere it is, that men also doe, and may concurre therein, and that God hath left them lawfull Authority so to do therein, and to dispose thereof for the publique benefit, as largely before hath been expressed; and consequently to say, that God only doth these things, and leaveth nothing to mans Judgement therein, it against all reason, use, and experience of the world.

The Second Propoosition of Belloy, is [That where such Princes are once ‘placed in government, and by Law of succession, by birth established, there the Princes Children, or next of kin, do necessarily succeed by only birth, without any new choice or approbation of the people, Nobility, or Clergy, or of the Common-wealth together:] Apolog. Cathol. part 1. parag. 7. And to this assertion, he joyneth another as strange as this, which is, [That a King never dieth, for that whensoever, or howsoever he ceaseth by any meanes to Governe, then entreth the successor by birth, not as heire to the former, but as lawfull Governour of the Realme, without any admission at all, having his Authority only by the Conditon of his birth, and not by Adoption, or choice of any:] Apolog. pro Rege. c. 6. & 34. which two Propositions, albeit they have been sufficiently refuted by that which hath been spoken before, yet shall I again, in the next, confure more amply the untruth hereof.

Other two Propositions he addeth. [Apolog. Cathol. part 2. Parag. 7. & pro rege Chap. 9. That a Prince once entred into government, and so placed, as hath been said, is under no Law or restraint at all of his authority, but that himself only is the quick and living Law, and that no limitation can be given unto him by any power under heaven, except it be by his own Will; and that no Nation can appoint or prescribe how they will obey, or how their Prince shall governe them but leave his authority free from all bonds of Law; and this either willingly, or by violence, is to be procured.] By which words it seemes he painteth out a perfect patterne of a Tyrannicall Government, which how farre it did further the King of Navar, I leave it to all Historians to judge.

His other Proposition is Apolog. pro Rege Chap. 20. That albeit the Heire apparent, which is next by birth to any Crowne, should be never so impotent, or unfit to governe, as if (for example sake) he should be deprived of his senses, mad, furious, lunatick, a foole, or the like; or that he should be knowne on the other side, to be most malitious, wicked, vicious, or abominable, or should degenerate into a very beast, yea, if it were knowne that he should goe about to destroy the Common-wealth, and drown the Ship which he had to guide; yet (saith this man) he must be sacred and holy unto us, and admitted without contradiction unto his Inheritance, which God and nature hath laid upon him, and his direction, restraint, or punishment must only be remitted to God alone, for that no man, or Common-wealth may reforme, or restraine him. But because it would be too tedious to keep off the Reader longer from his Intelligence, both forraigne and domestique, expect an Answer by way of confutation thereunto in my next.

To the Right Honourable his Excellencie the Lord Fairfax, Generall of the Parliaments Forces for the Kingdom of England, and Dominion of VVales.

The Humble Petition and Addresses of the Officers and Souldiers in the &illegible; of Boston.

May it please your Excellency,

THe sense we have of the present distemperatures, and dangers of this Kingdom, and the strength of Reason we finde in your late Remonstrance presented to the House of Commons, have taken such hold of our judgements, as not only to approve of some just course, though extraordinary, in this Juncture of time, for the healing thereof; but withall, Humbly to tender our cheerfull and ready concurrence therein. And here we crave leave to expresse what we cannot seriously think of without regret, That since the Kingdom hath now been delivered the second time into the Parliaments hand, the chief Incendiaries, and Instruments of these late wars, have not been brought to publick Trial, and Iustice, for their wicked and Traiterous Designs, and attempts, whereby to deter others from the like for the future.

VVe therefore beseech your Excellency, as the good hand of God shall &illegible; you, to think of some Expedient, and to endeavour effectually that impartiall Iustice may have its free course, and the obstructions of it removed, that Government may have its due constitution, the people of England their iust Rights, and the Kingdom a speedy, and (through Gods blessing) a happy settlement. For the gaining of which, we shall faithfully serve your Excellency with our lives and fortunes.

Reader, because of concernment to the whole Kingdome, take here at large two Ordinances of the Lords and Commons Assembled in Parliament, concerning the Electing of all Officers in the City of London, and Liberties of the same, the one dated December 18. 1648. the other. December 20. 1648.

Die Lunæ 18. Decemb. 1648.

THe Lords and Commons Assembled in Parliament do declare and Ordaine, and be it hereby Ordained by the said Lords and Commons, That no person whatsoever that hath been Imprisoned, or hath had his Estate sequestered for delinquency, or hath assisted the King against the Parliament in the first or second wars, or hath been aiding or assisting in bringing in the Scots Army to invade the Kingdome of England, or did subscribe, or Abet to the Treasonable Engagement in 1647. or that did Aide, Assist, or Abet the late Tumult within the Cities of London and Westminster, or the Counties of Kent, Essex, Middlesex, or Surrey, shall be Elected, Chosen, or put into the Office and place of Lord Maior, Alderman, Aldermans Deputy, Common Councell man, or into any office, or other place of trust within the City for the space of one whole yeare, or be capable to give his voice for chusing any person to any the offices aforesaid.

And it is hereby further ordained by the Authority aforesaid, that if any person, or persons comprehended under the aforesaid Exceptions, being chosen, shall presume to sit in the Court of Aldermen, Common-Councel, &c. or execute any of the aforesaid offices, contrary to the true intent of this Ordinance, shall forfeit the sum of two hundered pounds, the one halfe whereof shall be within twenty daies paid unto him, or them that shall make proofe thereof, and the other Moiety to be paid unto the Treasurers appointed by Parliament, for the use and relief of the maimed souldiers; and it is hereby declared, that all such Elections are null, and void, and the Lord Maior for the time being, is hereby required from time to time to give order, that this Ordinance be published at all Elections, and that the same be strictly and punctually observed, as also by affording the liberty of the Pole, it being required by any of the Electors present; and for the better execution of this present Ordinance, be it further Ordained, That the Lord Maior of London, the Sheriffs, and Aldermen, and Justices of Peace within the said City of London, or any two of them shall, and are hereby authorized, and required to commit to prison all such persons, as after due proofe upon oath to be made unto them, or any two of them, of any person that shall make any disturbance, at any Election, contrary to this Ordinance, and to leavie the said Fine of two hundred pounds by &illegible; and sale of the goods of the person so offending contrary to this Ordinance.

John Brown, Clev. Parliamentorum.

Die Mercurii 20. December. 1648.

WHereas there is an Ordinance of the Lords and Commons assembled in Parliament, bearing date the 18 of December, 1648. for the choosing of Common Councel-men, and other Officers within the City of London and liberties thereof, for the yeare ensuing. The said Lords and Commons do further Declare and Ordaine, and be it hereby Ordained by the said Lords and Commons, that no person whatsoever that subscribed, promoted, or abetted any engagement in the Yeare 1648. relating to a personall Treaty with the King at London, shall be elected, chosen or put into any of the Offices, or places expressed in the aforesaid Ordinance, under the penalty contained in the same, upon the other excepted persons, and to be Jevyed according to the provision of the said Ordinance; and the Lord Maior for the time being, is hereby required that this Ordinance, with the other, be published at all Elections, and strictly and punctually observed, according to the true intent and meaning hereof.

John Brown, Cleric. Parliamentorum.

By the Maior.

THese are to require you to publish this Ordinance, with the other, Dated the 18. of this instant moneth, at your elections, and that the same be strictly and punctually observed, according to the true intent and meaning of the same, this 20 day of December, 1648.

Michel.

From Warsoviz the 20 of November.

The 14 instant Prince Charles came hither again to take his old lodgings, he being not in a capacity to remaine there, whilst he had any pretentions to the Crowne of Poland, and the same day of his arrivall went to salute the Queene &illegible; of Poland, who did that day goe abroad, being the first time since her sicknesse; her Maiesty being carried into the hall, where lay the corps of her deceased husband, and was brought to her place appointed by the Popes Nuntio, the Count Arpajou, Ambassadour extraordinary for France, together with the rest of the other Ambassadours This day came Intelligence of the Cosacques comming before &illegible; & have close besiedged it. The 17 instant, the Assembly began to Vote about the Election of a new King, the Archbishop of &illegible; having his Pontificall habit, and kneeling in the middle of the Assembly, they sung the &illegible; Creator, which being ended, the great Circle, composed of all the States of the Kingdome, was devided into severall parts, each Palatine making a small Circle, every one of the Gentry did write in a ticket whom he Elected for King, and therein did nominate Iohn Casimer Son, and brother to the King of Poland, for their King, Then each Palatine having gathered the tickets, did nominate one for each County, the Palatine of &illegible; being the first, and so the rest according to their degree, the Bishops having yeelded the right of preheminence; which they pretend unto the Palatins, being obliged in this action in a particular manner, seeing here is a concernment for the Armies, where every Gentleman hath the power to Vote severally, the least of them being able by this opposition to hinder the Election, seeing it is to be done, Nomine contradicente; All the Palatins having given their Vote for Prince Iohn Casimer, who is to name him, without whom the Election is not firme, did deliver the 18. Instant unto the Embassadours, who were sent before from that Prince, the conditions, or Articles wherewith the Crowne was offered unto him, but that day it could not be decided, and so deferred till the next, by reason the Embassadours were loath to give way to the consenting unto those Articles, as they were presented; and the businesse is so agitated, that this Prince is invested with the Crowne, under the same conditions that his deceased father did enjoy it, there being no new addition made, but all as it was formerly: all the which Articles he is to swear too to morrow; but before his Nomination, the Archbishop did kneel down to intreat God to give a blessing upon the work which he was going to accomplish, and after a short prayer he stood up and spoke with a loud voice, that by vertue of the power granted unto him, he did name the Prince Iohn Casimer King of Poland, and great Duke of Lithuania, and immediatly the Assembly did shout and say, Vivat and presently the great Marshalls of the kingdome, and those of the Dutches did proclaime the same in all places where it is accustomed and chiefly in the 4 entries to the Camp, where the Assembly was seated.

This Archb. did thereupon begin the Te Drum, and the Ordnance plaid their part in acknowledgment of joy, together with the sound of Trumpets, and other instruments. There was sent immediately a Gentleman to bring the news to this Prince, who was come hither Incognito 2 dayes before, and he would carrie the news himselfe unto the Queen, being alwaies near her Palace, and not absenting himself, but only to give his hand to kisse, unto those that came from the Assembly; where they have agreed to Crowne the new King, upon the 17 of Ianuary next: and the more to encrease our joy for this Election, here are arrived Deputies from &illegible; Generall of the Cosacks, who do not only desire a Treaty, but moreover submit to the new Kings Commands, whatsoever they are, declaring, that their taking up armes, was onely to free themselves from the oppression of Duke Wiesuiewitz, and the Generall &illegible; against whom they have heretofore made heavie Complaints, in so much that it is very likely that this Election will bring much tranquilitie and peace to the Kingdome.

From Naples Novemb. 27.

The 16 Instant, the Spanish souldiers taking some goods from our Citizens, without paying for it, caused such an uprore thereabouts, that there appeared no lesse then fourscore thousand in armes in this City, where they were resolved to kill all that were in opposition, being of the Spanish party, but all this was prevented by the good order and care of Count de Ognate, our vice King, who fearing least this rising might draw to an ill consequence, did immediately give Command to our chiefe Citizens to take up Armes, and so to oppose this rising of the common people, whereof fourty were made prisoners, and of them 3. were condemned to be hanged the same day, but even at the time of execution they were saved by the Prince de &illegible; who got a pardon for them, together with some Deputies from the people, who obtained the same from our Vice King. But for all this, another rising did again break out the 26. instant, against the Spanish party, and this to be executed at the time when the Spaniards should go to the Vicaridge, which is the Common prison; this resolution being knowne by the Vice King, he did prevent the execution thereof, and having the greatest part of the Nobility with him, all on horse-back, did ride through the severall wards of the City, to keep every one quiet, being now resolved to builde a new Port at Pizzo Falcone, that so he may keep the people more in awe, and hinder further harmes. The body of horse that belongeth to this City hath been sent back again to Averso, where they have their winter quarters. The Prince of Traja, and the Duke of &illegible; who were like to have sought a Duell, have been reconciled, but withall, are both sent prisoners to one of our Castles.

From Rome the 30. Dito.

In the last Consistorie held here, the Cardinal la Cueva, did motion concerning the Bishoprick of St. Dominick, in the West-Indies, to be conferred upon Master Guido Lupo, the Cardinal Luigo, that of Cajazzo in Corsica, for Mr. Francisco Perini the Cardinal Vesim; that of Bayeax in France, for the Abbot Mali, Sonne to the first President of the Count of Parlement, at Paru, and the Cardinal Rondanini, that of Astoli in the Kingdome of Naples for Mr. Castel Tomara; The Pope hath also appointed the Lord Elci, Archbishop of Pisa, to be Nuntio in Extraordinary to the Kingdome of Poland.

From Venice the 2. of December.

We have received the confirmation concerning our Fleet, that they are still before the Dardanelles, that they have lately surprized the Island of Lesbos, seated in the Archipelago, being an Island about 70. miles compasse, the place being so fruitfull in all things that are necessary for mans life, that it hath stood us in much stead for to refresh our men, who are much tired and wearie of their hard duty and service; there also we have landed some forces, and put there our sick men to secke their recovery. Our General hath given Order for the building of severall Forts, and Blockhouses, the better to secure that place; but we heare moreover, that the Turkes doe continue with much fiercenesse to assault the Citie of Candia, although it is certaine, that since they sate downe before it, they have lost above 25000. men, having endeavoured to take it by storme, and being repulsed thirty eight times, in fourteen moneths space, that they have besieged it, and having made uselesse, 22. of their Mines. The General Foscolo is at last gone from Zara, in Dalmatia, having seventie saile of Ships, with an intent to goe for Castel Novo, which place he intends to besiege; he hath with him 12000. fighting men, which are to be landed, and immediately fifteen thousand more are to follow for a supply, being raised in severall parts, and are to meet at the Rendezvous, which is to be at Montenegro.

From Milan the 3. Dito.

The Marquis of Caracene our Governour, hath sent to the State of Luca Dom Gieronimo de Stampia, who is Lieutenant to our Field Marshall General, his journey is to no other end, but to Complement that State, and to returne him thanks for their congratulation at his first comming to this Citie.

From Genoa the 7.

The first instant there were lots drawn here, as the custome is; five chief Lords are appointed to be as chiefe Governours of this State; these five are Gio. Francisco Scaglia, Carlo Imperiale, and Antonio Cassela, for Senatours; Stephano de Nagro, and Gio Battista Baliano for Procurators.

From Hanaw the 13. Dito.

The French forces, who are under the command of Colonel Shomberg, having taken their Quarter the fifth instant, at the Towne called Bergheim, the next morning fell upon the Colonell Welal Imperialist, who was quarrerd in a Village neare Franckfort, and upon some quarrell, they came to blowes, many of the Imperialists being slaine, about twenty taken prisoners, together with the Colonel, and the rest forced to flie.

From Munster in &illegible; the 14. Dito.

The Estates doe still continue their Assemblies in these parts, about the raising of those summes of moneys that are to be paid unto the Swedish Army, before they depart from hence, and in the meane time, that the whole be levied; it is agreed, that although they doe not so soone quit the Countrey, yet those in the Country Villages, that shall have contributed towards their satisfaction, shall forthwith be freed from quartering, or billeting any souldiers for the future, during their abode here. The Count of Nassaw his sonne, who had been sent to Vienna, with the Instrumentum Pacu, for a general peace, is returned back hither, with the Emperours ratification to it, and the same day, the Plenipotentiaries for the Emperour did communicate the businesse unto Count Oxenstern, Pleniporentiarie for Sweden. The same day was made proclamation from the Emperour through this City, commanding expresly to all his Subjects, to observe punctually the late Treatie of peace, and not to make any infraction to it. The most part of the Lorraine Officers are gone from this Citie, to conferre with the Commissioners appointed for the Armies, what course they intend to take for their subsistence. The Lieutenant General Geis, who is Commander in chiefe of the Hessish forces, is still at Corsfield, where its said he is to be all the winter.

From Amsterdam the same day.

Three Regiments of horse, and two of foot, of the Lorraine forces, being lately gone from Eisfield, to take their winter Quarters in Lukeland. 300. of the Country people in the Circle of Stockeim did gather in a body, thinking to have opposed them at their first comming, but they were so ill handled by these new guests, that it is said, the greater number of them were slaine upon the place by the souldiers, and all the rest taken prisoners.

From Tarin the 4. of Decemb.

The Savoy forces are all gone to their Winter quarters, but the French forces are marched towards Langhi, and the Duke of Modena hath sent his troupes into the Countrey of Mirandula, Novellare, and other lands belonging to the Empire, whilst he receives the Orders from France for their march. The forces of Milan have also taken their Winter quarters, after the whole army hath been reformed at their last generall Master, viz. of the horse at Verceil, whereof ten companies of that State, and two of Neapolitanes are to be reformed; and the foot mustered at Vigevano, whereof seven Regiments were also reformed, viz. two Spanish of D. Antonio de Leon, and D. Fernando Garandi de Ravanal, and three Neapolitanes, who are those of the D. de Siano, Prince Montesarchio, and Federico Barile, besides those of the Earl of Bortomea, and Sarritatne, both being foot, come from Lumbardie, and two other high Durch, one foot and the other horse of Lieut. Col. Forchaim; and by reason all the champion countrey of Milaneze, is even ruinated totally therefore the souldiers have been sent to quarter about the rivers Adde and Tesit. The Marquesse de Garccena their Governour was resolued to compell the inhabitants of Vigevano to acknowledge the Marquesse Cesare Visconti for their Lord, and so to confirm the purchase which he hath made some months since from the Chamber of the Dutchie at Milan, in the name of his Cathelick Majestie; but finding that they were all fully resolved to stand it out to the last before they would suffer such an alienation to take place, he hath therefore changed the Orders he had given before untosome Regiments of foot, to sease upon Vigevano, and so to compell them to accept their new Lord. Some few dayes since a party of souldiers come form Alexandria, have surpris’d Capriats, a small place in Monteferrati, which they have totally plundred.

Vienna, the 27 of Novemb.

Some few dayes ago the Count Bouchaim, Field-Marshall Generall of the Imperiall Army, the Count of Colobart, and some other Officers, whom the Sweades have kept prisoners some moneths in the Castle of Prague, are arrived here to this City, being come upon their Parole, before the peace was proclaimed through Germany; it is said, that the first of these two shall be Commander in chief of all the forces within the Emperors hereditarie countries, and in that quality he shall have the chief Command of the 15 Regiments of this Army, who are sent to take up their Winter quarters in Anstria. The Emperour as yet is not gone from hence, having deserted his intended journey to Presbourg in Hungaria till the beginning of January next, by reason that the Diet to be kept there for the chusing of a Palatin of Hungaria, is not to begin till that time. We heare from &illegible; in Silesia, that there hath hapned lately a great fire in that place, which begun through the neglect of a woman, and it burnt to that extremity, that above one hundred and fifty houses have been consumed thereby, with the loss of two hundred Boats and Barges; many persons burned and drowned, with much cattle.

From &illegible; the 3. of Decemb.

The Seates of Suaben are assembled in this City, and those of Franconia at Bamberg, to finde out the meanes to raise moneys for paiment of the Swedish Army; the time for the first paiment being almost come. We hear also that the Emperour doth demand from the City of Vienna two hundred thousand guilders, for the payment of the Swedish forces that are in Silesia, & Moravia, according as it is contained in the Treaty for Peace. We hear from Ausburgh, that the Protestants had no sooner heard the confirmation of the Peace, but immediately they did summon the Papists to deliver them up all such places which they unlawfully detained from them, and had enjoyed this many yeares, by no other title then the power of the Sword; to which the Papists replied, that they would be gone, and yeeld them up, but not till the Emperour had declared by Proclamation his good pleasure therein.

From Hamborough, Decemb. 4.

The King of Denmarke is come to Koppenhagen, to be present at the Funeralls of his deceased father, and great preparations are made there for the Coronation of the new King, which is to be kept in that City, upon the fifth instant, and three dayes after is the day for Crowning of his Queen. The Sweades at Bremen do sell the most part of their ammunition, which makes men to be in good hopes of peace.

From Frankford upon the Maine, the 13. Decemb.

The eleventh instant two French Regiments did passe by this river, and are drawing towards the Rhine, as it is thought, intending to go quarter at Moguntia and &illegible; and so along in the County of Rhingaw, but they are forced to march in a full body, by reason he Spanish Garrison at Frankendale doth continually send parties abroad, chiefly about the City Moguntz, and all those parts.

From Cullen the 15. of Decemb.

Our Elector had set a Tax upon all the Country of Lukeland, as upon the rest of the Empire, but they have excused themselves for the payment, saying, they are none of the number of Estates, as in that respect, seeing they never had any Place or Vote in the Imperiall Diets; and although they be under the protection of the Empire, yet with this Proviso, that in case only of a Turkish invasion, they are bound to furnish a number of souldiers to the Emperour, but not in any other way.

From Toulon, the same day.

Foure of our ships being made ready to go out as private men of war, being at sea, were separated by foule weather; two of them have taken, in the sight of the City of Naples, two &illegible; the one with four thousand sacks of corne in her, and the other laden with &illegible; the other two ships also much about that time did meete with a ship that had store of Spices in her, and had a Spanish Convoy, being a ship of 37. peeces of Ordnance, and &illegible; a sore sight betwixt them, our ships became masters of, both which they afterwards brought into Porto Longone.

Westminster the 19 of December.

The Commons vote, that the Committee of Goldsmiths Hall should give an account of all the severall summes, due by Delinquents, upon the first and second payments, and how long the same hath been due, and by whom, and of the charge that lies upon the same, that the surplusage may be knowne; and further, that the Estates of the said severall Delinquents, who have not paid in their Fines, or second payments, be forthwith resequestred, untill they make payment of the summes due by them; And that the said Committee doe forthwith put the same in execution, and make report thereof to the House with speed. And for the better effecting hereof, and more speedie advance of moneyes for publick service they ordered that an Ordinance should be brought in, to enable the Committee at Goldsmiths Hall to send certaine Messengers into every County of the Kingdome, to resequester such Delinquents, who have, or shall make any such default. Though Delinquents have been too much favoured by some in this case of non payment their last &illegible; yet the providence is very great, that so great a &illegible; thereby should now become due, and be imployed for a contrary use then our enemies first intended. The Judges complaine their stipends of a 1000. l. per annum is not duly paid them out of the customes. The House enjoynes the Commissioners of the Customes to make speedie payment thereof. For what? Have not we now as much iniustice, bribery, extertion, and exacting of Fees (which neither the Judges, or their Clerks can pretend any Law or Customes for, &illegible; of their own making, within these few yeares:) Had Iudges of late years but 50. l. per annum, allowed per Roy, and yet gave many thousands for their places, which occasioned their &illegible; and all other Clerks to be so augmented, and still &illegible; to the utter us doing of the free people of this Nation) and have not these Judges now their places given them for nought, and beside this 1000. l. per annum, a peece allowed them &illegible; must not their uniust &illegible; Fees be yet &illegible; Is this the Reso mation of our best refined members, surely its high time we had an &illegible; representative. The Earle of Pembroke made Constable of the honnor and Castle of Windsor, and to have the custody of the Parke thereunto belonging, called the great Parke of Windsor; Must the poore people of England sell their clothes, and pawne their Estates to pay taxes, and so many Parkes and Forests (kept up for the Iusts of Tyrants, and at first most of their grounds inclosed, and fores from the people) not yet disposed of for the case of the people, how might this Army be maintained, and publique debts paid by sale of Forest Land, and many unnecessary Parkes in this Kingdome: by Kings, Queens, and Princes Revenues, benefit of the great Offices and places of the Kingdome (which the Members of Parliament &illegible; now enjoy, contrary to an Ordinance of their owne making) Deanes and Charters Lands, and severall other great &illegible; (which now sell in byright and Conquest, to the free people of England, having been at first extorted and since kept from them by and &illegible; the Conquest) and without &illegible; any assessements upon the people, and yet no care taken by Parliament to case them, or keep them from starving, but their burdens rather made heavier then ever.

December 20.

The Committee formerly appointed to consider of the manner of the dissent to the Vote of that House 5. Decem. 1648. That the Kings Answer was a ground for setling the Peace of the Kingdom, reports the same this day, which was thus. That every &illegible; should rise up from his scare in the House and declare that he dissents to the said Vote; the House approving hereof, severall Members, to the number of about forty, stood up one after another, and declared their dissents, which the Clerke entred particularly in the Journall. The Members names should have been inserted, if wise men had not thought it might have proved very inconvenient to them. This done, the House thought it very requisite that any Member might have liberty to express to the House, that he disapproves of the said Vote of the 5. Decemb. 1648. and therefore past a Vote to that purpose: and because the Kingdom may be the better satisfied herein, and upon what grounds they have retracted and &illegible; former Votes, in relation to the Treaty, & otherwise, they named a Committee to draw a Declaration concerning the same, upon reading whereof they doubt not but the Kingdom will be well satisfied. They impower the Committee of Lincolne to raise 2000. l. for the forces before Pontefract and Scarborough by voluntary contributions of the welaffected. Approve of what the Committees of Notringham and Derby have done for reliefe of the besiegers of those two Castles. Pass an Ordinance for disabling such as signed the City Petition concerning the Treaty, to be chosen Common-counsel men. Renew their last message to his Excellency, for restitution of their secluded members.

Decemb. 21.

They vote the former Order touching the last six moneths assesments for the Army to be renewed, and that the Committee of the Army do forthwith prepare and bring in an Ordinance, impowring them, and the Treasurers at warre for the speedy bringing in, and issuing forth of the last six moneths assesments for the Army, so as may be most for the safety of the Kingdom, and satisfaction of the Army. This is good newes for the poor souldiery. They make stay of the 2000. l. formerly given by the Kings friends in the House to M. Pecke (a Member) and appoint a Committee to examine upon what grounds it was given. They might do well to examine the grounds and causes of many other gifts to other Members (I mean all in generall) and I am sure they would finde but little cause for many great donations. A Committee was appointed to view all the Treasuries in London, and elsewhere, in relation to the publike, and see how their Books stand, and what moneys are charged thereupon, and what arreares are due to them, and likewise what anticipations have been made, and moneyes given out, and to whom: Indeed this is to purpose, you may be good &illegible; in time. They gave thanks to the welaffected of &illegible; for their good affections, in petitioning them for Justice upon Delinquents; But when shall it be executed, that Gods wrath may be diverted from this poor Nation.

The 21. Was the Fast.

Dece. 25. A Letter this day from before Pontefract saith thus: I heare Bethel is like to be Governour of Scarbrough Castle, I wish it might either be slighted, or a right man put into it, and not a Jugler, a Clawback, &c. I perceive the King is comming to Windsor, and the old Cobweb made Constable of the Castle; I pray God all may be well there, take heed who you trust. Our guns and provisions are now come to Hull, and the Major Generall hath sent the Fire-master, and some Gunners for them, so they will be here, we hope, this next weeke, and then he will proceede to battery and mining; the next week Coll. Rodes his Regiment of horse is to be disbanded; some of the Lancaster Officers have sent a Petition to his Excellency, by way of compliance with the Remonstrance, so that there is no cause for the Malignants false reports: This day we had a Councell of War, and one Captain Wharton was cashitred. For better satisfaction take the Petition of the honest Lanca forces at large.

To his Excellency the Lord Fairfax, Lord Generall of all the forces for the &illegible; of England.

The humble Petition of certain Officers of the County of Lancaster, whose names were thereunto subscribed.

Humbly sheweth,

WHereas your Petitioners have cordially ingaged for the common interest of Freedome and Liberty, against the King and his party that labour to set up his Power and Will, ever since the beginning of these unnaturall wars, having been therein (through the goodness of God) preserved in our integrities against the self interest, and faction of all backsliders and corrupted parties, both in our County and elsewhere; and having with comfort seen how God &illegible; owned the Army under your Excellencies Command, with part of which we have oft engaged, (especially in this last war) and whom we account the only visible means and instruments, next under God, to put a period to our miseries, and to preserve us from the evill of wicked and corrupted parties; and having now at the last extricated our selves from those commands that hitherto letted us.

Do most humbly declare our earnest desires, and ready compliance to joyn with the Army, under your Excellencies Command, for the pursuance of all those just ends you have remonstrated and declared; and do further humbly desire (though unworthy) to be entertained under your Excellencies Command; and that we may have Captaine Cromwell, son to the Honorable Lieut. Gen. Cromwell for our Collonell, And this we commend to your Excellencies consideration, wishing that God in his mercy may prosper all your undertakings.

23. December.

A Letter came from the Prince Elector, complaining of his great want of the yearely stipend, which the Parliament formerly ordered for his maintenance, which the House referred to a Committee, chosen for the consideration thereof The House being informed that his Majesty was brought to Windsor, by a Brigade of the Armies horse, nominated a Committee, to consider how to proceed in a way of Iustice against the King, and other capitoll offenders, and that the said Committee doe present their opinions thereupon to the House with speed; And that they have power to send for persons, papers, &illegible; and Records: A Petition came from the well-affected of the County of Kent, to the same purpose with this, presented to his Excellency, which take here at large.

To his Excellency and generall Councell of Warre

The humble Proposals of divers of the well affected to the County of Kent, the City and County of Canterbury, together with the &illegible; Ports.

AS we desire to eye, and blesse the Almighty in those great and almost miraculous things, which he hath done by you for the publique: So likewise we conceive our selves bound, gratefully to acknowledge our reall obligations, viz. to your selves, for all your vigilant care, and indefatigable endeavours therein, constantly and faithfully, notwithstanding all opposition of open enemies, and Apostate friends; And because we believe that there is in you a readiness to hearken to, and a Candor to judge of whatever may be proposed unto you, in the pursuit of those things that may conduce to the reall welfare, and safety of the well-affected people; We doe therefore take leave hereby, to present these ensuing particulars to your serious consideration. First, that you prosecute the execution of Justice upon the person of the King, and to proceed to the prosecution of your Resolves, in your Remonstrance, touching the Prince, and the Duke of Yorke. Secondly that you pursue the prosecution of Justice upon Duke Hamilton, together with the rest of the Invaders, and inviters of them to that treasonable Act. as well English, as Scots. Thirdly that you pursue Justice upon some few of the chief Actors, in the late Rebellion in Kent, and upon the chiefe Agents in the Revolt of the Navie. Fourthly, that Iustice be executed upon some of the chief Actors, in the invasion made by the Prince, and the forces under his Command since the revolt of the Navie. Fifthly, that the Citie of London be setled in such hands, as may disable it for disservice, and Render it in a posture serviceable to the Publique; so that you may with safety march from, and returne to it upon all occasions Sixthly, that a way may be thought upon for a correspondency with the Navie, so as that there may be an unanimous consent in all actings, between the forces by Sea and Land, And lastly, that the Militia of this County may be speedily setled.

The House spent some time in debate thereof, and ordered, that the Committee formerly appointed to receive Information against Members of the House that have received bribes, should be revived, and ordered about twenty more Members to be added to the said Committee. The Petitioners being called in, the House gave them this Answer, That many things mentioned in the said Petition were already under consideration, and that they had renewed the Committee for bribes to Members; That there hath been alwayes found a welaffected party in that County, and did looke upon them as part of them; And did returne them the hearty thankes of the House for their good affections. Some Aldermen of the City presented their Petition from the City, complayning that they could not finde so many in the City to make Common-Counsell men, unlesse they choose such as had subscribed the City Petition for a Treaty with his Majeste, which was contrary to the Ordinance of Parliament, desiring their speedie direction therein; The House named a Committee to consider thereof. Are not these pure whelps, that amongst three or foure thousand Citizens, wee should not finde 500. men capable to be elected for Common-Councell; it behaves the well-affected in the City to vindicate themselves of this great aspersion herein. This day came certaine newes, of the surrender of &illegible; upon Articles. The Governour to have leave to goe beyond Seas, and stay in England till March next, to endeavour to make his Composition; His Officers and souldiers to have Passes, to goe to their severall homes, there to remaine without interruption. There was found in the Castle fifty firkins of Butter, and about sixty Barrels of Powder, Rye in great plenty, besides ships were under saile to relieve it, which the besiegers could not avoid, having no shipping against them to prevent it.

Windsor Decemb. 25.

Sir,

I am sorry there should be the least ground of iealousie or Cause of any report, that honest Col. Ayers, Governor of Hurst Castle should refuse to deliver us the King: If I had not been satisfied it was the report of the Malignants, I should have been more troubled at it: When we came with him to Winchester, the wise Mayor, and Aldermen of that Corporation came to meet him at the Towns end with a learned Speech, and (according to former custome) presented their Mace unto his Maiesty; The Commander in chief came afterwards to the Mayor, and told him that the House had Voted that no Addresses should be made to, or received from the King, and that such as did either, were declared to be Praytors. That himself in making this Addresse, had brought himself and his Brethren within the compasse of this Vote, and that they must all be proceeded against as Rebels and Traytors The Mayor and his brethren being much terrified herewith, some of them became humble suitors to the Col. that Commanded the Brigade, to mediate for them to the Parliament for mercy, as being ignorant and simple of any such Votes and Proceedings of Parliament, begging with much importunity, for pardon for what they had done and they should ever be more cautious what they did in the like case for the future. His Maiesty comming to Bagshot, after dinner, called for his Coach, which they told him was gone before, he them Commanded his Horse, which he perceiving lame, asked his Groom how he came so? he answered, That since his Maiesties comming into that Town, a piece of a nail had unfortunately ran into his foot, at which his Maiestie was much troubled, and swore severall Oaths, he knew not then what to do; a Knight hereupon neer that Town, sent him a brave Gelding, which the Party was somewhat fearfull might be light of foot for them, therefore some good horse were Commanded for flankers, till he came off the Downs, he rode very fast, but when all things are considered, you’l finde he might have taken more leisure.

Westminster Decemb. 25.

The Commons Voted that a Letter should be sent from the House by way of encouragement to the County of Sommerset, to go on with setling their Association with well-affected people, and forces in the Counties adiacent. They Ordered Maior &illegible; 1000. li. in part of a greater sum, to be charged on the Excise in course, with 8 li. per cent. per annum, from May 7. 1643. (most part of it being lent moneys since that time, and for three hundred pound thereof he hath paid interest out of his purse.) Seven Members of the House declared their dissents to the Vote of December 5. 1648. The Committee named on Saturday last to consider how to proceed in a way of Iustice against the King, was enioyned to meet this afternoon. The Ordinance concerning the Militia of the Kingdome is to be reported to morrow. Most part of the day was spent in Debate whether the secluded Members should be re-admitted, or not, but came to no result. Maior Pither was to have been executed this day at Pauls, but it seems is reprieved. The News from France is extraordinary, the people having &illegible; Paris, and resolve to be as free men, (God assisting them) as we are, or hope to be, in this Nation.

FINIS.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

From Tuesday Decemb. 26. to Tuesday Ianuary 2. 1649.

IN answer to, and confutation of Belloy his opinion, in my last mentioned, I shall only offer this, That heirs apparent are not true Kings, untill their Coronation, how just soever their Title of succession otherwise be; and though their predecessors be dead; it might be confirmed by many other Arguments, but especially, and above all others that, for that the Realm is asked again three times at their Coronation, whether they will have such a man to be King, or no? Which was in vain to ask, if he was truly King, as Belloy faith, before his Coronation.

Again, we see in all the forms, and different manners of Coronation, that after the Prince hath sworn divers times to Govern well and justly, then do the people take other Oaths of obedience and Allegiance, and not before, which argueth, that they were not bound unto him by Allegiance. And for the Princes of England, it is expresly noted by English Historiographers, in their Coronations, how that no Allegiance is due unto them before they be Crowned, and that only it happened to Henry the fifth, among all other Kings, his predecessor to have this priviledge, and this for his exceeding towardinesse, and the great affection of the people towards him, that he had Homage done unto him before he took his Coronation, Oath, whereof Polydor writeth to this purpose: That this Prince Henry, after he had finished his fathers Funerals, caused a Parliament to be gathered at &illegible; where, whilest consultation was bad, according to the ancient custome of England, about creating a new King; behold, certain of the Nobility of their own free wills, began to swear Obedience, and Loyalty to him, which demonstration of Love and good will, is well known, that it was &illegible; showed to any Prime before, untill he was declared King. Polydor Vug. Lib. 23. Histor. Anglia, in vita Henrici 5. And the very same thing expresseth Iohn Stow also, In his Chronicle, in these words, To this Noble Prince, by assent of the Parliament, all the States of the Realm after three daies, offered to do featly before they were Crowned (so willing is man to &illegible; himself to Tyrannie) or had solemnized his Oath well and justly to Govern the Common-wealth, which offer before was never sound to be given to any P. of Engl. Stow in the beginning of the life of K. H. 5. In whose Narration, as also of that of Polydor, it may be noted, that King Henry the 5. was not called King, till after his Coronation, but only Prince, though his Father King Hen. 4. had been dead now almost a moneth before. And secondly, that the Parliament consulted de Rege creando more Majorun, as Polydor his words are, that is, making of a new King, according to the ancient Custome of their Ancesturs, which argueth, that he was not yet King, though his Father was dead, nor that the manner of our old English Ancestors was to accompt him so before his Admission.

Thirdly, that this good will of the Nobility (his Majesties fawning favourites) to acknowledge him for King before his Coronation, was very extraordinary, and of meere good will (and therefore a president not binding) And lastly, that this was never done to any before King Hen. 5. All which points doe demonstrate, that it is the Coronation, and Admission that maketh a perfect and true King, whatsoever his Title of succession be othervvise; And that except the Admission of the Common-wealth be joyned to his succession, it is not sufficient to make a lawfull King.

This I might prove by many examples in England, where admission hath prevailed against Right of succession; as in William Rusus, that succeeded the Conquerour; And in King Henry the first his Brother: In King Stephen, King John, and others, who by only admission of the Realme were Kings, against the order of succession, and very specially it may be seene in the two examples before mentioned, in King Henry and Edward, both surnamed the 4th. whose entrances to the Crowne, if a man doe well consider, he shall finde, that both of them founded the best part, and most surest of their Thles upon the Election, consent, and good will of the people; yea, both of them at their dying dayes, having some remorse of Conscience (as it seemed) for they had caused so many men to die for maintenance of their severall rights and titles, had no better way to appease their owne mindes, but by thinking that they were placed in that Roome by the voice of the Realme, and consequently, might Lawfully defend the same, and punish such as went about to deprive them.

You shall finde, if you look into the actions of Princes in all Ages, that such Kings were most politique, and had the least doubt or suspition of troubles, about their Titles after their deaths, who have caused their sons to be Crowned in their own dayes, trusting more to this, then to their title by succession, though they were never so lawfully and lineally discended; and of this &illegible; could alledge you many examples out of divers Countries, but especially out of France, since the last line of Capelus came unto that Crown, for thus did Hugh Capelus himself procure to be done to Robert his eldest son in his own dayes; and the like did King Robert procure for his younger son, Henry the first, as Gerard holdeth, and excluded his elder son, only by Crowning Henry in his own dayes; Henry also did invente the Stake of France to admit and Crown Phillip the first, his eldest son, while himself raigned, &illegible; 1131. And this mans son, Lawes le cros did the same also unto two sons of his, first, to Phillip, and after his death to Lewis the younger both which were Crowned in their fathers life time; and this Lewis the younger, which is the seventh of that name, for more assuring of his son, named Phillip the second, intreated the Realme to admit and Crown him also in his own dayes, which was done with great solemnity.

And for this very same cause of security, it is not to be doubted, but that alwayes the Prince of Spaine is sworne and admitted by the Realme during his fathers Raigne, the same consideration also moved King David, 2 Kings 1. to Crown his son Solomon in his own dayes. Our King Hen. also, the second of England, considering the alteration of that Realm, which had admitted King Stephen before him, against the Order of lineall succession by propinquity of bloud, and fearing that the like might happen also after him, caused his eldest son, named likewise Henry, to be Crowned in his life time, so as England had two King Henries living at one time with equall Authority, and this was done in the sixteenth year of his Raigne and in the year of our Lord 1170, Hereby it is evident what the opinion of the world was in those daies of the force of Coronation, and admission of the Common wealth, and how little or nothing at all propinquity of blood prevaileth—Election and Admission of the people.

Some Propositions made at the Hague by the Portugall Embassadour, about their difference concerning Brazill.

My Lords,

I Doe not much wonder that it hath been the generall conceit, that the chelf end and principall aime was to hinder the generall peace at Munster, and besides, to hinder you from those proceedings which you have already begun, and continue still for the waging warre against us in Brazill: seeing that you marvell at the severall things propounded by me, both before you and your Commissioners as well now, as formerly, I make no mention of any restitution to be made by us unto you, about those things which are now in agitation, my demands being so reasonible, and yet that none of them should be accepted, but totally rejected: but I much more wonder, that having declared my selfe so plaintly, and in termes so satisfactory, that yet there should remaine in the mindes of many a sctuple, and doubt concerning me, and should question my sincerity. This hath therefore enforced me, being not able any longer to represent unto you my intentions, and desires in writing, and not intending to attend the conference so long expected, which hitherto I have waited for in vaine; therefore I thought it most expedient to come in person, to ratifie what I have formerly made knowne unto you, either by writing, or by meanes of your Commissioners, that all the reasons and strong arguments which I have produced hitherto, for a good union and continuation of peace and unity betwixt us, doe prove fruitlesse; you will at least beare witnesse, how with all care and diligence I have endeavoured, and sought all meanes possible, which might conduce to the effecting of so high a worke. Now once more I let you understand, that my Master never had any designe to hinder, or let in any wise, the conclusion of a generall peace at Munster, seeing that he never had any further intent then to settle a firme and lasting peace betwixt you and us.

As concerning your preparations by Sea, you may doe in that, as in other things, according as it shall seeme best unto you; for my part, I wish that our Army may not goe forward, as it is intended, or if they meete, that all on both sides, instead of blowes and bloodshed, may embrace each other; but this happinesse depends wholly upon you, seeing the businesse is already so farre gone that in a very short time all may be happily concluded, and to make the sooner dispatch, and end our controversie, I doe engage my selfe, to give all the help and assistance that may be expected from me in that behalfe, provided you will only be pleased to furnish me with a ship, to goe from hence unto Bazill, where being safely arrived, I shall not faile to deliver up unto those whom you will appoint, all those places which I have promised to do so many times, in the name of my Master the King of Portugal, and withall, will engage my selfe to use all meanes, both of clemency, or else by violence for the effecting of these things; and if I have not a sufficient strength with me, doubtlesse you will not deny me a supply of your own forces upon an urgent occasion; so that the maine businesse doth wholly lie upon you, for I assure you, that I have an absolute power from the King my Master, to yeild, agree, and confirme any thing, which shall be found reasonable, that so I may put a period unto this Treaty betwixt us: And I hold it not a thing much necessary to give hostages on both sides, being it will take up much time, and perhaps yield little fruit, and hinder the progresse of so good a worke, and it may be wholly and totally ruine it, as is usually seen in the like delayes, and tedious workings; neverthelesse, I am not bent against the giving of Hostages, but only that I hold it not fit, that the concluding of a peace should be deferrod till such time as they are given on both sides, therefore, if so be my counsell might be followed, my opinion is, that an Expresse might be sent speedily to Brazill, that immediately upon his arrivall there, all Acts of hostility may cease on both sides, till such time as we can make a totall and finall conclusion: for I hold it no point of justice to suffer our men to fight in those parts, and to shed one anothers bloud, whilst we should be here treating for peace, and I hold it faire better, when there is a necessitie for it, to spend our lives in a good cause, and for a good occasion, as would be in any service done for the good of these two Nations, and I doubt not, God willing, but to see a firme and well-grounded peace between us, wherein I shall have the honour to have much contributed.

The Life and Death of the Marquis Ville, Lieutenant Generall of the French Armies in Italy.

The &illegible; Guido di Monto Bizzo, afterwards called by the name of Marquis Ville, whose life and death I intend here to set forth, was the eldest sonne of the deceased Marquis Francis Ville, of the Citie of Ferrara in Italy who was Knight of the Order of the Annunciate in the time of the first warres, that yet continue in Savoy and &illegible; and was since honoured with the Command of one hundred Curiassiers, appointed for the Life guard of Charles Emmanuel, Duke of Savoy, having also had the Command of 500. Italian Horse, having with his father followed both the Dukes of Savoy in their journey into Spaine, where his carriage was such, and so well taken by the Duke, that at his returne he was admitted by the said Duke for one of the Gentlemen of his Chamber; this was in the year &illegible; he being then 24. yeares of age, and so desiring to manifest how well he accepted the Fathers services in his life time, by his gratitude unto his sonne after the Fathers decease, he bestowed upon him the place of Captaine of his Guards, and then in the same yeare, he was married unto a great Lady, daughter to the Earle of Massins, also Knight of the same Order, who, besides a great portion in movable Goods, had also the Countie of Camerano annexed to it.

In the year, 1614 he was made one of the Councell of War, and a Colonel of twelve Companies of horse, which were raised by the State, and sent unto the Duke of Savoy in his first wars in Monteserrati. In 1615. the Duke did bestow upon him, for him and his heires, the Marquessat of Gigliano, as an acknowledgement of his good services in the first troubles in those parts, and chiefly at the Leaguer before Ast, where he received a musket shot. In 1618. at the encounter called De la Motte, he had, besides the command of the Guards, command of the Whit Cornets for the Nobility, where, with an undaunted courage he did bear the brunt of the enemies horse, although he was then sore wounded by a musket shot, which he received a little before; and having done the same at the battell of Lucedio, where he had two horses killed, and the third horse slightly wounded under him; after which this Duke chose him Commander in Chief of the Nobility & Gentry, with the Ycomandry who serve under the whit Cornets. In 1619. He made himself famous by his brave exploits performed at the sieges of Alba & St Damiano, where lighting from his horse, being assisted with a great number of the Gentry, he having also the Guards to second him, did set upon one of their Forts, where he followed the business so close, carriying it with such discertion, and followed it with so much valour and courage, that he became soone Master of the place, notwithstanding the strong opposition made by those that were within. In the &illegible; Dom &illegible; &illegible; a Romane, hapning to die, the Duke of Savoy seeing so &illegible; an opportunity offered him to acknowledge his great services, did destow upon him the place of Commissarie Generall of the horse which was void also by the death of the said Monsieur &illegible; and a while after he made him also Knight of the chief Order in that Countrey. In 1620. &illegible; continued to shew his valour at Bastignano, where he defeated a party of Spaniards commanded by Gambalotta, who were sent to relieve this place, being wounded in the hand at that encounter with the push of a pike; and at St. Germans he was shot in the legge by a musket: and seeing that the recompence ought not to be separated from glorious and noble actions, therefore the place of Lieutenant Generall of the horse, being void by the death of the Commander De la Monta, he was deemed to be worthy of it, and it was bestowed upon him: at that time his father was master of the Artillery to the Pope, and afterwards was made Generall of the horse: and in all the wars of Piemont, since he came to be Lieut. Generall of the horse, he did gallantly execute the place, under the Command of Prince Thomaso his Generall. In 1625. The Duke made him Maior Generall of all his Armies. In 1629. For a recompence of his good services, chiefly for that which he performed at severall skirmishes with the Enemy, attempting to pass over the river Tenaro; as also afterwards at the battell De la Vella, likewise at the taking of the places of Feltzzane, Ancons, and &illegible; Arrasst, in the wars made against the State of Genoa: as also at the taking the Towns and Castles of Ottagio Gani, and Savignone, and in that famous retreate made by Victor Amadeus, Duke of Savoy, when he was assailed by the Spanish Army, as he lay with his forces before Bastignano, as also by his great valour he shewed at the maintaniing a pass, and defending Ast against the Spaniard, also at the last retaking of Vorne, and since the gaining of Alba, Trin, Montecalvo, Potestrate, and other places in Monteserrato. The Duke Charles Emanuel being dead, his successor Victor Amadeus desiring also to gratifie him for his good services which he had done to his predecessour, and to him likewise in the defence of Vigone, and in the surprisall of the Fort of Bicherasco in the fight at Avigliano, and in many other actions, where he plaid the part of a brave Warriour, therefore he bestowed on him the lands of Deati, with all the profits and benefits thereof.

This same year he also carried himself valiantly, at the making good the passe of Susa, where the Duke of Savoy, and Prince Thomaso were both in person, and there he was dangerously hurt with a Musket shot, and for that brave action there performed, he had the permission to quarter the Armes of Savoy in his coate of Armes. In 1631. he was made by this Duke, Generall of all the horse. In 1636. The most Christian King Lewis the 13 of glorious memory, made him Major General of all his Armies in Italie. In the year 1639 Duke Victor Amadeus being dead, and the Duke Charles Emanuel the second succeeding him, who being in minority, and Madam Royale being his Mother, declared Regent, he was by her made Lieutenant Generall of her Armies in Savoy, in consideration of his good services performed by him since the war was proclaimed with the Spaniard, and State of Milan.

He hath likewise signalised himself at the taking of the fort of Valentia, as also at the skirmishing with the enemy at Frescarolo, and at the taking of the forts of Canat, and Sartirana, and gave to the Spaniards proofes of his valour, when he overthrew their force before Atone, where he totally routed their Van. and put their whole Army to a disorderly retreat, besides 400 horse he took from the Enemy, at S. George in the Lomelina.

So that it may very well be said of him, that all his actions have been no more but effects of a heart full of valour and magnanimity, being seconded by a well ordering of affaires he having often archieved great things with a very small number of men. He forced the Spanish forces to forsake Castel-novo de Scrivia, which they had besieged, and followed them as far as the bridge of Lenza: afterwards he tooke the Castle of St. Giovanni: He Passed through the Dutchie of &illegible; with &illegible; horse, although the Spaniards had strongly entrenched themselves at the pass of Scrivia.

Afterwards he defended &illegible; beleaguered also by the said Spaniards, that so they might cut off the provisions from the French Army, which was then near the river Tesia, upon another occasion he forced from Gavone 3000 Spanish horse, and some Companies of foot, to forsake that place having then with him not above 1000 horse, the enemy intending upon some designe, to have sent over the Tenaro 1500 horse, commanded by Dom Martin de Arragon, which he totally routed, and having slain many, took a great number of them prisoners, and had no small share in that great victory obtained by the Duke, upon his enemies at Montebaldone, and at that same time he &illegible; the Castle of Porma.

Since that time, becomming Master of Verceil, the Civil warres happening in Savoy, he did vallantly at the recovering of Civaz &illegible; and Possono, and at the gaining of Chiery, which he took, mangre the strong oppositions of the enemy, who had cut off all provisions from him. He did no lesse at the retreat of the Count de Harcourt, which he did much help, by the surprizing of the strong Castle of Carru, and in the overthrow given to the whole Spanish Army at the siege of Cazal.

To his Excellency, Thomas Lord Fairfax, and the Honourable the Councell of War. The cordiall congratulation of the lovers of Justice and Freedome within the County of Glamorgan, in reference to your Remonstrance of November the 10. 1648.

Noble Worthies,

VVHen with much patience we had a long time waited for the setling of the Nation upon the foundations of freedome, and the execution of Justice upon the capitoll offenders, whom our God, with no less miracle then mercy, hath so often delivered into your hands, and in stead thereof, through the prevalencie of a malignant Faction, have found our lives and liberties even betraied into the hands of our Enemies, by that most unjust and dangerous treaty with the King, and the most desperate Incendiareis (especially those who have kindled, and added fuell to the flames of war in our thereby ruined Country) excused from Justice, expresly contrary to the Votes and Declarations of the House of Commons, to the astonishment of all true hearted people: In all these, perceiving our selves surrounded with distraction, we were the more ardently drawn forth in our spirits to attend the Lord our deliverer, who according to his wonted goodness, brake forth upon you in a glorious splendor of Justice and equity, expressed in your seasonable Remonstrance, which we with such joy perused, that our hearts were ravished with so dear a sight of our Redemption drawing nigh. In relation to which, we thought it necessary to let you know, that we are much satisfied with your proceedings; and that for the accomplishing of those things, and what ever else concernes the liberty of the Nation, we are ready to assist you with our lives and fortunes; being perswaded that you proceed with the same undaunted resolution for the perfection thereof, that our so numerous enemies take not accasion hereby to render us more effectually miserable, and we doubt not but the Lord of Hosts will be with you.

Yours, and the Lands faithfull Servants, &c.

Friday December 29.

Major Pichard being about foure dayes since sentenced at a Counsell of Warre to be shot to death; had this day the execution of that sentence done upon him in Pauls Church-yard: The Articles of Warre, upon which he was condemned, was this; That being at Pembrook, at the surrender of that Garrison, great endeavors were used, that he might not be one to be left at mercy for his life, but to be banished the Kingdome, which at last he, with others, had that favour granted to them; provided they were gone within six weekes, or else it was signifyed unto them, that they should dye without mercy, if they were found in England.

This Gentleman never went out of the Kingdom, according to his agreement, wherefore he received his sentence, which was aggravated with these particulars.

  • 1.  That he had formerly Articles upon surrender of Worcester, whereupon, engagement was given, not to bare armes against the Parliament afterwards, which he violated, by the appearing in armes again at Pembrooke.
  • 2.  He took the negative Oath, never to bear armes against the Parliament, and yet had now done it.
  • 3.  He continued in London, contrary to the Proclamation, for all of the Kings party to leave the Towne, who had not Compounded.
  • 4.  Severall informations were given that during the time he was in armes, he was a most merciless man to the Pamliaments party, a great burner of houses, and Plunderer of mens Estates.

There are endeavors using to finde out other persons, who had the Articles of Truro in Cornwall, and other places, who agreed to Articles, never to bear armes against the Parliament, and yet have doe it in this second Warre, who may expect the like sentence, if they be taken, as Richard Hastings, and others.

Westminster Decemb. 26.

The Commons Vote that the Committee for drawing up a Charge against the King, do consider of a way of settlement for this Kingdom: Its high time is were done, and if you do not one with the other, we may fear & confusion in the main. An Ordinance past for receiving, and issuing the last six moneths Arrears by the Committee of the Army, to be paid to the Army, and all the Garrison Forces, as the Lord Generall shall approve of to be continued: This being neglected to be sent to the Lords for their Concurrence, hath proved very prejudiciall to the Souldiery, who cannot receive their pay till their Lordships assent be had, though their assent be meerly formall, and not essentiall. They Vote the Militia Forces of the County of York to be disbanded and for this purpose have referred it to Major Generall &illegible; and others, to see the said Order effectually, and speedily executed. And agree, that the new &illegible; in that County shall be imployed for raising money for that purpose, and likewise for paiment of the Publike Debts of that County Though there is more in debt to that County than ten times the proceed thereupon by these new &illegible; The necessities of the Navy report themselves to the House, they Debate, and resolve, that the Committee of the Navy &illegible; conferre with the Commissioners of the old and petty Customs, for the Loan of 6000 li. for present support of the Navy. The Arrears of late Colonel Rainsborow are reported, and 2000 li. more Ordered for his widow. They approve of the Articles of Scarborough, give the messenger 40. li. Order the Lord Generall to put a Governor into Scarborough Give thanks to the well affected of Norfolk for their honest Petition.

The 27. was the day of Humilitation.

The 28. They Vote Major Beteler, and Captain Stirke, their two Troops shall be continued for two moneths, for the defence of the County of Northampton, and paid as formerly out of the Assessements of that County, A good President for the rest of the honest Troops in the Kingdom, that are in the same condition. A Commission of Oyer and Terminer Ordered to be forthwith issued to the Lord Admirall for triall of Lendall, and other notorious Pirats: If the Lord——had been zealous before in Execution of Pirates, probably we should have had lesse now. The City required to proceed in electing Common Councell men according to former Order; notwithstanding the late Petition from the Lord Mayor, &illegible; and Common Councell, their late &illegible; Petition to the contrary. The Oaths of Allegiance, and Supremacy, and all other illegall Oaths referred to a Committee to be considered of: Its high time, if these had been taken away before we had engaged against the King, and before all the Members of that House, upon latter Elections, had been admitted, which before they could be, must take the said Oaths, we should not have been so very guilty of perjury as many are, according to the letter of the said Oaths. The Ordinance of Attainder against Charles &illegible; was reported, and read the first time.

December 29.

A letter came from the Lord Admirall, desiring the House to confirm the Indempnity granted by his Lordship to Sir William Batten, alias Captain Batten, Captain &illegible; and Captain &illegible; (the three grand Revolters) Truly my Lord we expected this long since, we knew before we were all friends, though there was a seeming difference amongst us. The &illegible; reicents this ill, and looks upon it as a Design, and therefore do not grant the confirmation desired, but Orders that this businesse should be referred to the strict examination of the Committee of the Navy. But is there no other matter of Fact but this to be examined &illegible; relation to the late Revolt?

To his Excellency, Thomas Lord &illegible; General of the forces in England, and Wales.

The hearty Resolutions, and humble &illegible; of the Governour and &illegible; of the Castle of Denbigh, and divers others, Officers, Souldiers, and well affected in to said County.

Sheweth,

THat the great thunderings and Earthquakes in this &illegible; Island, awakned us in this Corner thereof, to enquire after the causes of those Nationall concussions, and finding an unruly and unreasonable party of imperious, selfe-willed men, Resolved to engage in blood, to stave from us at once our comfort, as Christians in Gods Kingdome, and freedom, as subjects, in our only native soyle; we quickly and cordially adventured our naturall lives, and freely cast over board our estates at the back of our Pilots, to keep this sinfull Nation, and our unworthy selves, and families, from sinking. But since perceiving clearly, that though the firme faithfull, and famous trustees of the Kingdome, have with much uprightnesse indefatigably endeavoured our common good and security (which we ever with all thankfulnesse acknowledge, yet were they, by whose meanes we hope will yet more manifestly appeare) overborne, and hindred therein, so that instead of a safe haven, we were brought againe upon perillous Reckes; instead of righteousnesse, Behold the bitter worme of Injustice, and enraging hemlock of oppressions growing up in our surrows: Mercy turned to Cruelty, contempt and despite against the faithfull and tryed people, and pillars of the Land; Truth fainting and fallen in the streets, Justice and equity kept out of the Gates; the sonnes of bloud and violence (who had not the hearts in the field to looke the Generation of the just in the face) very insolent, and too much incouraged once more to attempt the tearing out of the bowels of the peaceable of the Land, and having learned out of the books that the Tyde of righteous Judgement must have its course, and after it, all the upright in heart; and minding how that dangerous mercy, and childish &illegible; of Ahab, who called up his brother Bemhadab (that twise conquered slave) into his own Charriot, which act, with his, depriving but of one honest Naboath of his life, brought that lukewarm professor to tremble in his own blood and just ruine in the third war, and have intentively observed at a distance, that (though many tooles were in Gods hand for the edifice begun, were blunted, and so laid aside) yet the edge of heaven, and high countenance of the Almighty, is still upon your Honourable self, and faithfull, dreadfull and (through God) powerfull Army, once despised, dispersed, and (as it were) disbanded, but since made glorious together and a sunder, in removing mountaines of difficulties, breaking through rocks of oppositions, raising up the vallies, taming the rebellious, relieving the Parliament, quieting the Nations heart-city (once and againe distempered) and scattering the Scottish Allies, to the thankfull admirations of the people of the most high God, far and neer.

We therefore being thereunto encouraged by your Excellency, and the Armies late seasonable, and solid Remonstrance, do in full assurance of understanding, faith, and hope, humbly, and unanimously declare our Resolutions, to joyn heart, hand, life, and all, with your truely honourable self, and constant Army, and the many thousands of Israel; for we see of a truth God is with you, and them, for the reliefe and recovery of our late oppressed, and long tryed Worthies in the Parliament, in order to the setlement of common Interests, and impartiall punishment of mad men (who are still thirsty, though already drunk with the blood of multitudes of our deare brethren) Humbly praying, that you would (as under full faile) like noble Joshua, and Caleb, follow Jehovab fully in the paths of Justice, Moderation, Courage and Faithfulness, wherein we doubt not of the high and mighty presence of our King the God and rock of all Ages, to attend you; and to that great Captaine of your Hosts for his direction and successe in all the work entrusted to you, we shall also, whilst we breathe together in this Cause, ever pray, &c.

An Ordinance past for prohibiting Trade to Youghall, Cork, and Kingsale, and other Ports in the Province of Munster, where the Lord Inchequin hath Command, being in prosecution of a former Ordinance to that purpose. They spent some time in Debate of the Officers of ships imployed under the L Admiral, and to the end, there may be Purgation by Sea as well as by Land; they Ordered that the Lord Admirall should be required to send to the Committee of the Navy the names of his Vice-Admirall, and Rear-Admirall, and all the Captains of ships in the Fleet; The Rear may probably by this sail in the Van. The Constant Warwick Ordered not to be sold, but imployed for the publike service. Decemb. 30. The Commons Vote Mr. Brooks thanks for his Sermon, as indeed he deserved it, but for Mr. Watson (who would not acknowledge them to be a Parliament) they Voted him none, nor to have liberty to Print his Sermon: This Presbyterian proud flesh must down with Monarchy, one being equall in Tyrannie with the other. Mr. Owen and Mr. Cordall Ordered to Preach the next Fast. The Bayliffs, Wardens and Assistants of the Company of VVeavers, present their Petition, and therein set down the difference between them and others of that Company; the House refers the consideration of the whole businesse to a Committee, who are Ordered to bring in an Ordinance for settling of the said Company, and composing all their differences with speed. An Ordinance past for securing, and repaiment of the 6000 li. borrowed of the Commissioners of the old and petty Customs: They Voted upon this occasion, that no allowance shall be given by the Committee of the Navy, of any Incident, Fee, or old Sallary, for the petty and old Customs untill the House be acquainted therewith: And in respect the Ordinance for the last six moneths Assessements had not been sent up to the House of Lords for their Assent, and their Lordships having adjourned till Tuesday next, whereby that could not at present be procured, they Voted that it should be referred to the Committee of the Army to prepare Warrants and Letters to be sent to the severall Counties, touching the 60000 li. per &illegible; to the end the Army may not be longer delaid of their pay. An Order past for an Ordinance to be brought in for payment of 2885. l. 12. s. 6. d. to Mr. Smithsby, the Kings Sadler, for Saddles and other furniture.

Somerton Decemb. 24. Sir, Since the Parliament hath impowred us to raise forces, and joyn our selves in association with the Army and other well affected people in the adjacent Counties, we have not been altogether unactive in the &illegible; &illegible; but hope to bring it into such a speedy way, as may be safe for this County, especially all the well affected therein, and those that ioyn with us. Times may come possibly to put all the honest party in the Kingdom to their shifts, and I could heartily with that all other Counties in the Kingdom would begin betimes to provide for their own securities; when they do desire it, the opportunity being let slip, it may be too late; and surely if all the well affected in each County would speedily strike into an association, it might be a great diversion of all our enemies designes, and give us hope of quietnesse and peace in this Nation. And seeing that the Presbyterian Ministers are to be frustrate in their intentions, to enjoy pluralities, and the tenth part of every mans estate, the people being left to a free choyce of their Minister, and what Ministry, no doubt but they will endeavour, and wee finde it now their main designe in this County to preach down the power of God in his Ministers indeed, and to preach for forms and government, and especially for their God (the continuance of Tithes) of purpose to incense the people against this Reformation indeed, both in Church and State, the benefit whereof our childrens children will have cause to biesle us for. And in respect likewise that the grand Delinquent of the Kingdom (Charles Stuart) is to be brought to speedy justice (for which we have much cause to blesse God) we shall finde his party as active as the other, and though the Presbyters made but a seeming, though a reall and absolute conjunction with their brother Malignants for the carrying on of his Trayterous interests, yet we fear you will finde them this next Sommer declaratively joyn with them, for revenge of this Army, and all that have adhered to them: And therefore it is high time for all honest men in the severall Counties to associate betimes, before it be too late.

Fontefract Decemb. 30. Sir our approaches goe on very forwardly, though our want of pay be great, the enemy seeme much divided, and more discontented, some comming out daily by escape; our Gunns are come to us, and we shall begin to make batteries within this few dayes. Its great pitty the Militia of this County should be disbanded, many of them being very honest: We heare of some overtures made by the Army, for engaging them, and all the Supernumeraries of this Kingdom, for the service of Ireland, the service will be gallant, and the designe superlative, and if old &illegible; or any other man of gallantry and fidelity do accept of that Brigade, he cannot want men or &illegible; besides it will be a great diversion of designes both at home and abroad.

Windsor Jan. 1. Sir His Maiesty seems to be very merry, though he heareth something of the Houses late proceedings against him, to bring him to Iustice, whereby we conceive he is &illegible; and heartily forty we are to see him so ripe for destruction; he much delights to talk of &illegible; &illegible; especially of the victories in these late VVars. VVe have the same odious vain, and wicked Ceremonies of kneeling performed to him now, as ever, though he be under an accusation of High Treason. VVhere shall we finde such men as will not bow the knee to Baal, the grand Delinquent, and &illegible; Tyrant of the whole world? The Commissioners appointed by the Army do mannage things here with great discretion, one of them &illegible; every night at his Maiesties Chamber door, and resident with him daily in his Chamber, none speaking to him but in one of their Audience.

Westminster Ian. 1. 1649. The Committee reported the Ordinance of Attainder against Charles Stuart, and the names of such Commissioners as should try him consisting of about 6 Lords. 40 and odde Commons, and the rest Officers of the Army, Aldermen, and other Commanders of the City, with some Gentlemen from the Counties, all of them consisting of 100 and upwards: Any 20 of them are to be a Committee for the tryall of him, and to give sentence against him. By this Ordinance the Commissioners are limited to a moneths time, to make a finall determination of the businesse. The place of tryall is not named in the Ordinance, so that whether it will be at Windsor, or Westminster, is not known. The Ordinance is to be sent to morrow to the house of Lords for their concurrence. And to confirm the present tryall, and foundation thereof, and prevention of like for the future, the House declared, viz. Resolved, That the Lords and Commons assembled in Parliament do declare, and adjudge, That by the Fundamentall Laws of this Realm, it is Treason in the King of England, for the time to come, to Levy &illegible; against the Parliament and Kingdom of England. The house ordered an Ordinance to be brought in for enabling the Commissioners of &illegible; and Menmouth to proceed upon the sequestring of Delinquents in the said Counties, and to remove obstructions therein. A Letter this day came from Mr. &illegible; Clerk of the Parliament, desiring the house (by reason of his present indisposition) to appoint a Clerk to attend them. The house hereupon voted that a Committee should be appointed to send to Mr. &illegible; to take an accompt of him where the Books and Records of that House are, and are to inventory the said Books and Records, and are to present the names of fit and able persons, that a sufficient Clerk may be elected out of them, to be Clerk to the House.

They likewise Voted Mr. Phelps to be Clerk assistant to the House, and ordered Mr. Darnell the present Clerke assistant 200 li in part of 500 out of the Revenue. A Committee was appointed to consider of Anticipations upon &illegible; Hall, Excize, and other Treasuries and how to take off, or otherwise secure and satisfy the same, and to prevent obstructions in the bringing in of the severall Revenues.

The souldiers of the Army, in prosecution of an Ordinance of Parliament, secured all the &illegible; in Satisbury Court and &illegible; Lane, and brought them away prisoners in the midst of their Acts, in their &illegible; as then habited. The Committee of the Army to consider of the &illegible; and circumstantiall parts thereof, upon which many Votes past; one Committee was appointed to consider of concealed moneys to the State, and to send for &illegible; witnesses, and Records concerning the same, and &illegible; &illegible; was a Committee of Officers of the Army, and Citizens, to consider of &illegible; Delinquents that are to be &illegible; &illegible; examples of Iustice; both these Committees having power to examine witnesses upon Oath.

FINIS.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

From Tuesday January 2. &illegible; Tuesday Ianuary 9. 1649.

HAving shewed, and proved, that Government by blood, &illegible; not by the Law of Nature, or Divine, but only by &illegible; and Positive Laws of every particular Common wealth, and may, upon just causes be altered. Whence then comes these vain Arguments, That the late King of this nation, and his power was &illegible; &illegible; That it is not in the power of the people, (though they are the original of all just powers) to try him for life, upon breach of Trust, or otherwise. If Saul, the first King (though elected by God to that Royall Throne) was stain for his disobedience, and not fulfilling the Law and Limits prescribed to him, How much more is it lawfull for the people of this Nation to bring to Justice Charles Stuart? (who was never elected King by God, or people, but came in by Conquest, and raigned as Tyrannically as ever Saul did, breaking all Bounds and Limits, and disobeying all Laws, which he swore at his Coronation to maintain, and keep &illegible; for the good of this Nation,) Was it lawful for Ammon (who was lawful King by natural &illegible; and succession, as being son and heir apparent to King &illegible; whom he succeeded) to be brought to Justice, and slain by his people? And is it not much more lawfull for the people of this Nation, by their Representatives, to bring Stuart, (who was never lawfull, but only pretended King to this Nation by Genealogy, and Succession of Tyrants) to execute the judgement of God and man upon him? Quia non &illegible; in via Domini aut Regni, because he neither walked in the wayes prescribed to him by God, or the People of this Nation.

And did GOD give so great a blessing to the people for executing his, and their Judgements upon these wicked Tyrants, and worst of &illegible; by Crowning two good successors after them, viz. Josias, (who did that which was right in the sight of God, and did neither decline unto the right hand or the left:) and David, (who was a most perfect patern for all the Kings that should follow him in the whole world, and a man after Gods own heart:) and can the people of this Nation still argue like Heathens (that see nothing of divine providence) that the alteration of this Tyrannicall, and usurped Kingly Government, will tend to the ruine of this Nation, when we see already by the imitating, and first fruits thereof, the &illegible; Pope himself, and all the foundations of Antichrist, the Devil himself, and all the Tyrannical powers of the whole world, and dependances thereupon, do already totter and tremble, as if the day of their destruction was at hand.

Had the Romans (after their Senate had slaine &illegible; for his tyranny) so great a blessing by Numa &illegible; (the notablest King that ever they had) And after the same Senate had expelled Tarquinius the proud, their seventh and last King, for his cruell government, had they not exceeding much happinesse thereby? became very prosperous, and blessed with great successe in their Government of Empire? And did not &illegible; &illegible; become a great blessing to them, as succeeding Iulius Cæsar, who (because he had broken all their humane and divine Lawes, and taken all their Government into his owne hands) was (in revenge thereof) slaine by Senatours in the Senate house. How might I instance in &illegible; and &illegible; two of the best Governours by Empire, that ever the Romans had in those dayes: after the Senate had deposed and sentenced to death Nero (first Emperour of Rome) for his wicked Government, (which was the first judiciall sentence that ever the Senate gave against Emperours.) How might the like be noted of the noble Ranck of the five excellent good Emperours, to wit, &illegible; Trajax, Adrian, &illegible; &illegible; and &illegible; &illegible; that insued the Empire by the just death of cruell &illegible; (whose harbarous acts, for his exceeding cruelty, were afterwards disanulled, and his armes pulled downe) And was it lawfull for the people of Israel, the Romans, and all other Nations under the Sun to execute Iustice upon their Kings and Emperours, and alter their Governments, as they thought fit for their good and well-being; And shall not the people of this Nation have the like priviledge, to execute their tyrannicall Kings upon breach of trust and oaths, and alter the frame of Governments (seeing the people of this, and every Nation are the originall of all just powers and Governments) as they shall thinke fit? Were the Children of Israel, and all the Nations upon earth so blessed in executing their Tirannous and Trayterous Princes, and must we be miserable for so doing: Have not we as much Law and right for trying and executing this King, as any other Nation in the world ever had? And how comes the Heathen now to rage, and the people to Imagine a vaine thing, for taking off this Tyrant, as if the like Iustice had never before been executed, or that this is a new thing, and one of the first presidents in the world, though indeed we see it is most frequent, just, and ordinary in all ages, and amongst all People.

Reader, take here a businesse of something an old date, but worthy thy observation, being Friday Decemb. 22. 1648. At the white horse Tavern in Friday-street, there happened a quarrell between some Troopers of Col. Riches, and some Lords and Parliament men, thus: Some Troopers standing at the white Horse gate in Friday-street, where they quartered; The Earl of Middlesex, Lord &illegible; Col. &illegible; and some others being in the Tavern window over the gate, the Earl of Middlesex looking out of the window, and perceiving some souldiers there, threw a Chamber Pot full of piss upon them: One of the souldiers asked the Earl what he meant, to be so uncivill? the Earl raps out an oath, and tels him, if he had not enough, he should have more, and threw the Chamber-pot at him; the souldier seeing that, threw it up again, which done, the Earl swore God dam him he would pistoll him, if he came to them; upon which, the undannted Trooper runs up staires to them; as soon as the Trooper came up, the Earl drew, with that the Trooper drew, the Earl gives back, the Trooper follows him, the Earl makes a thrust at him, he puts it by, and claps in with him; by this time two other Troopers come, and the Earls company begin to draw, the souldiers fall on, cut them soundly, make them let fall their swords, and beat them to purpose; in the mean time the Mr. of the Tavern sends to Shoomakers Hall for two Files of Musketiers to come presently, telling them that there were some Troopers had set upon some Parliament men, and did abuse them, desiring the foot to give fire as soon as they come up, at the Troopers; they being thus prepared, according to the directions of the Master of the house, come; but the Troopers knowing some of the foot, make them understand the businesse, and then the foot take the Troopers part, and keep these gallants prisoners all night, and the next day had them to a Counsell of war: Take notice also of the valiantnesse of Col. Spenser, who hid himself under the Table while all was done, and another sitting in a Chair, saying, truly Gentlemen I offered you no affront at all: No you Rogue sayes one of the Troopers, what do you do here then, and takes him a box on the ear, and layes my Gentleman and his Chair on the Flower. The souldiers were very favourable to them, above their deserts, did not wrong them of one penny, they being full of yellow pieces, which the souldiers want, only the Troopers took their swords; and the gallants seeing they were to be there all night, went to gaming ten pound at a clap.

To the Right Honourable, and our most Excellent General, Thomas Lord Fairfax, Lord Generall of all the Forces in England and Wales.

The humble Petition and Representation of the Officers and Souldiers under the Command of Capt. Henry Smith, in the Country of Oxon.

Humbly sheweth:

HOW sensible we are of the manifold and glorious appearances of God in and with your Excellency and the Army under your Command, not only in the first and second transactions thereof, in the many engagements and successes against the visible enemies of ours, and the Kingdoms peace and freedom (which fills our spirits with admiration) but also in those late manifestations of his divine glory, in drawing you up to act in that which is so honourable in the eyes of God and his people, viz. the execution of justice without partiality, which speaks no lesse to us then Gods presence with you, his wisdom in you, his power for you, to fulfill the councell of his own will; from these our apprehensions we are drawn out (as Subjects and fellow-Commoners of England) to declare our approbation of, and full assent unto the late large Remunstrance and Declarations thereupon, from your Excellency and generall Councell, presented to the Honourable House of Commons, together with the Agreement and grounds for future settlement, tendred to the consideration of the Kingdom, being assured in our selves (upon a serious view of all the particulars therein) of the justice, reasonablenesse, and excellency thereof, in order to the establishment of the peace of the Kingdom, upon such a sure foundation as shall not easily be shaken.

May it therefore please your Excellency to put forth all the power the Lord hath conferred upon you, and all the wisdom he hath placed in you, for the speedy prosecution of all those things declared by you, and execution of justice upon all those enemies to yours and the kingdomes peace, without respect of persons, that justice being executed in our land, righteousness may run down all our streets, Tyranny and oppression (of what kinde so ever) being removed, the voyce of joy and gladness may be heard in all our Cities; in the prosecution of all which, we (though but a handfull of men) do unanimously declare our readinesse (according to the actings of God in us, and your Excellencies command) to stand or fall with you, not accounting our lives deare unto us, so that life, liberty, and freedome may be administred to this long inslaved, and late dying kingdome; and we desiring to approve our selves your Excellencies servants in the work of the Lord towards this Kingdome, shall ever pray &c.

To the Honourable the Commons of England in Parliament Assembled. The humble Petition of divers Citizens of London.

Sheweth,

THat your Petitioners doe with much thankfulnesse acknowledge the prudent care of this honourable House, for the safetie of this distressed, bleeding Kingdome, Demonstrated as in other passages, so especially in your late Resolution of the third of this present Ianuary, 1648. To carrie on the worke of setling the Peace and safetie of the Kingdome (though without the concurrence of the Lords) against all opposition whatsoever, which hath revived and raised up the dying hopes of your wel-affected Friends, that heretofore were almost in dispaire of having their just desires granted by Parliament.

Your Petitioners are deeply sensible, that the late Distractions and Miseries (which we yet groane under) have been much occasioned, not only by the King, but also by other evill-affected persons, in places of Power and Trust in the City, Kingdome, and Navie, to the almost destroying of the Trade and Manufacture of the same.

And therefore doe humbly pray,

  • 1.  That impartiall Justice may speedily be executed upon all those that have been the contrivers of, Actors, or Abettors in the former or latter Warres, by Land or by Sea, against this present Parliament. And that from the highest to the lowest (without respect of persons) they may be proceeded against according to their demerits.
  • 2.  That in order to the Peace and safety of the Kingdome, and all the wel-affected therein; Not only the Militia of the City of London (which hath a great influence upon the whole Kingdome, either for weale or woe, as experience hath demonstrated, by their non assistance of the Army (in prosecution of your just commands) though in extremitie neer the City,) as also all other places of Power and Authoritie in the Kingdome, and Navie, may be intrusted in the hands of those persons that may be safely confided in, for their known and approved fidelity.
  • 3.  That some effectuall course may with all convenient speed be taken for the recovering the almost lost Trade of the City and Kingdome.

And your Petitioners shall pray, &c.

Dantzick the 3 of December, 1648.

The King of Poland hath been somewhat ill, but is now again well recovered, being present twice at the general Counsel held at Warsovia, for the setling of Affairs in this Kingdom, and chiefly to oppose the revolted Cosacks, whose Commissioners are still in Warsovia; and are there expecting an answer unto their Propositions which they brought from General Chinielniski: It is thought they are not like to have any pleasing answer, being their demands are deemed to be most dangerous unto the State, in the interim the Cosacks continue their plundering of the Country, and are come even within six leagues of Warsovia.

Vianna, the 11 Dito.

There hath been called a Diet here of all the Estates of lower Austria, Propositions being there to be made about the raising of moneys. This City having proffered already to pay 100000 Crowns for their particular. We hear from Moravia, that although the suspension of Arms hath been published, nevertheless the Sweads go on still in raising of money for the payment of their Arrears, The Garison of Olmuts demanding their Contributions to be paid till the yeer is expired. The Estates of Hungaria having sent to the Emperor about the Election of a Palatine; that so by those means their differences might be decided in an amiable way: therefore a Diet is summoned to be kept at Presbrurgh (the chief City in that Kingdom) the 25 of the next moneth, and his Imperial Majesty will be there in person. The Turks have ceased their frequent intodes into the Kingdom of Hungaria, that so his Imperial Majesty might not be forced to break the Cessation of Arms he hath made with them.

Koppenhaguen the 19.

The third instant was the Coronation of Frederick the third King of Denmark and Norway in our Church of Saint Maries, where he was brought from the Castles, in this order. Two men went before, being on horse-back, having silver Timbrels, these were followed by six Trumpeters clothed in black Sattin, and black Velvet Coats, having also silver Trumpets; then came next five Marshals, having each a silver Mace, and next after one hundred Gentlemen, all cloathed in black Sattin, and black Velvet; afterwards followed the Deputies of the Cities of Lubeck, Hamborough, Dantzick, Rostock, and two Heraulds; after them more Timbrels, and twelve Trumpets, then the Senators of the Kingdom on horse back, the Admiral bearing the Golden Apple, the Marshal of the Kingdom with the Sword, the Chancellor with the Scepter, and the chief Steward with the Crown; after that came the King, who had a suite of Apparel made of Cloth of Silver, being carried under a Canopy of black Velvet with Silver Lace and Fringe, also the Canony was borne by the Princes of Sundergow, Lutin, Saxony, and Luneburgh; and after followed the Ambassadors of Holsatia, Oldenburgh, and Mecklenburgh, and some others, all on horse-back, most of them cloathed with Cloth of Silver. The King being entred the Church, and gone up as high as the Quite, where the Bishop of Zeland made a long Speech, which being ended, the chief Steward presented to His Majesty the Priviledges of the Kingdom, that he might confirm them, afterwards the Crown being delivered to the Bishop, he set it upon His Majesties head, giving him besides the sword and the Scepter. The Counsellors of State came also, and laid their hands on his head and his Crown, and at that time were discharged about 500 peeces of Ordnance. All this being ended. His Majesty was again brought into the Castle with the same Honors and Ceremonies as he had coming from thence, but with this difference, That the King had put on another Cloak, which was of Cloath of Silver, but furred with Hermines, and his stain carried by two Gentlemen of his Chamber, His Majesty riding upon a white horse, and a Canopy of Cloth of Silver, there going before two Heraulds, who as they went, did cast good store of pieces of Gold and Silver among the People, who were there in great multitudes in the great place before the Castle.

Lisbona 17 of November, 1648.

The King of Portugal hath sent his Express commands unto all Governors and Commanders in chief, and Officers of his Armies, That they presume not to depart from their Quarters, without his Express permissions, that so they may be ever in a readiness to observe and oppose to their best, the designes of the Marquis de Leganez who sending daily some strong parties abroad, seemeth to have a designe upon some of our Frontier Towns. Some few days past Dom Sanchi Manuel, accompanied with Barthelomew Vasconsellos de Conha, Commissary General of the Portugal horse, did route a Troop of Castillon horse at Sarca, as did also at the same time not far stom thence, Dom Rodrigo de Castro who slew and took prisoners two Troops of Horse, being of the Garison of Cindad Rodrigo; and Master de Themerincourt Lieutenant General of the horse in the Army at Alentejo, Having received an Order from Count de St Laurence, went out with 500 horse to meet with Dom Iuan Ibara, Commissary Gen. to the &illegible; who having made a great &illegible; into this Countrey, had much plundered and wasted it, chiefly intending to spoyl and waste about Monsarrat; but having met with him upon the thirteenth of this instant, about ten at night, he fell upon his Rear so furiously, that he put him to the worst; insomuch, that the Commissary himself was sorely wounded, besides three Captains, four Lieutenants, one Alfiere, fourty seven Souldiers slain upon the place, and many prisoners, ours becoming masters of all their booty. Since that time, there was not any thing done worthy of observation, the Rain happening to to be extraordinary great, by means whereof the River of Guordiana, which parts the two Kingdome, did overflow the banks, our Army was forced to lye still and remain in their Quarters.

We heare also from Tercera, by a ship come hither from Angola, that this place is again come to the power of the Portugals; and this happened at the arrival of D. Salvador Correa de Sa, Governor of Rio de &illegible; who hath the command of a Squadron of Ships; and being gone thither with some land men onely to refresh them, the Hollanders came with a strong party to oppose them at their landing: Thereupon having not onely marched out of the Town, but also the Castle of Loands, they were bravely charged, first by the Portugals, then newly landed, and after by the Inhabitants, as well the white, as the Negros, who are all Papist, they all rising &illegible; such sort, that the Town was soon recovered from the Hollanders; who it seems have so ill used these people ever since May, 1642. that thereby they have been provoked to use them thus coursely. By this action the breach is made unto the Truce, formerly agreed betwixt the Portugals and the Hollanders, who were glad to forsake the place forthwith: Nevertheless, in regard that all this was acted without any Command or Order from the King of Portugal, his goods have been confiscated, and they are to proceed against him in way of a Tryal; yet his Majesty is well pleased That the Dutch Souldiers, who were about 400, who have had fair composition granted, having Quarter for their lives & liberty, do go to the Isle of St Thomas, or to any other part, at their choice. For all this, it is not thought that this will be able to break quite the Treaty betwixt them, but rather that there will be a happy Conclusion and Agreement made concerning their Differences made about Brasil.

Naples 9 of December.

The Spanish Fleet lieth still at &illegible; to the which Citie, his Catholike Majestie hath lately granted many large Priviledges and Immunities, chiefly that the Vicekings of Sicilia, who were wont to keep their residence at Palermo, shall now remain there six months every yeer, for an acknowledgment of their good services and fidelity, which they have kept always without wavering in their last rising in that Island, of whom Dr. Iuan de Austria, is confirmed Governor, and &illegible; the chief over all the Spanish affairs in Italy: and it is said, that the Cardinal Trivultio is to leave his Command of Sardinia, unto his brother Prince Trivultio, Master Gio. Battista Monsorte, heretofore Governor of the Province of Cosenza in this Kingdom, hath order to go into that of Bari, there to execute the same place. The Ecclesiastical Galleys are come hither from Candia, and so are to go to Civitta Vecchia, under the Command of Bologneti, who is Lieutenant General. The Prohibitions made formerly not to transport any Corn from one place to the other, have been revoked, that so it might not hinder the seed time. One great part of the Country remaining waste since the last risings, which are now well quelled by the strict search and inquiry made of those that so much plundered and annoyed the Country for these few yeers past.

An Ordinance of the Court of Parliament Assembled at Paris, the 6. of January, Stilo Novo.

This day the Court, all the Chambers being met, upon advice received that the King was gone from this Citie the last night; the Aldermen being heard thereupon, and the conclusions of the Kings &illegible; and Solicitor General: the Court hath ordained, and doth ordaine, for the better safety and preservation of this Citie and Suburbs, that by command of the Sheriffe, a strict watch shall be kept through this Citie by the Citizens, as well by day, as by night, and at night Courts of Guard shall be kept, and the chaines to be drawne in case of necessitie: And doe hereby make prohibitions unto all persons, of what degree or qualitie soever, to transport, or convoy away out of this Citie any Armour, or things of the like nature, and all Colonels and Captaines are also commanded to looke narrowly, that none be transported from this place, and doe also expresly injoyne all the Kings Officers in the Chasteler, to have a speciall care about importing, and exporting of any kind of commodities or goods: And according to an Order, of the 23. of September last, doth againe expressely command all Governours, Captaines, Majors, Aldermen, &illegible;, Sheriffes, and their severall Deputies respectively; that they suffer and let passe quietly, through any Towne, Borough, Village, Bridges, or any other passe, all manner of provisions or victualls, which from time to time, shall, or may be imported hither; And doe expressly forbid them to receive any Garrison, or to quarter or billet any souldiers &illegible; their severall places; but rather to further and aide the bringing in of provisions to this Citie, to their best abilitie, without any let or hinderance, and to that end, to give them Convoyes, or any other assistance, as they shall thinke fit; and those that shall doe otherwise, to answer their contempt in their owne persons. And this present Ordinance to be read, and published with the sound of the Trumpet through this Citie, and the Libertie thereof, as it is usually accustomed, and to be also sent unto the neighbouring Townes, there to be published, that so none may pretend ignorance thereof.

Signed DU TILLET.

Another Ordinance of the 9. of January, Stilo Novo.

This day the Court, with the Chambers all met, upon the report made by the Kings Officers, how they had been at Saint &illegible; with the King and Queen Regent, according as they were enjoyned by an Ordinance of Parliament, of the 6. instant, and desiring to have audience, it was utterly denyed them, but only an answer made, the Citie was blocked up. The Court, all the Premisses considered, high ordered and ordained, That most humble Remonstrances shall be presented to the King and the Queen &illegible; in writing. And by reason that it is manifest, and doth evidently appeare, that Cardinal &illegible; is the chiefe Actor and promotor of all the disorders in the State, and the cause of these present evills. The Court therefore doth declare him a notorious disturber of the publique peace, Enemy to the King and State; doth expresly command him to depart from the Court within one day, and within eight dayes to depart out of this Kingdome; and the said time being expired, in case of refusall, doth expressely charge and command all his Majesties Subjects to seise upon him; doth forbid that none entertain him; Ordered that there shall be raised a competent number of souldiers, for the defence and preservation of this Citie, and to that end, that Commissions be granted for the safety of the Citie, as well within as without, that so they may convoy, and secure those that shall bring provisions, that so they be brought with safety and freedome, and have no molestation. This Ordinance also to be read, and published with sound of the Trumpet, as it is accustomed; and all Officers in their severall places are required to see the same put in due execution.

From Rome the 14. of December.

At the Consistorie held the 7. instant was propounded (the Pope being present) by the Cardinal &illegible; the Bishoprick of &illegible; for Mr. &illegible; and the &illegible; was given by a Procurator to the Archbishop of Saint &illegible; in the West-Indies. The &illegible; went away from hence, the Count Saint George Ambassadour for the Duke of &illegible; This week was disbanded certaine Troupes of Horse, and Companies of Foot, which were billeted in severall places within this Citie, and the same will follow in other places within the Church Dominions.

From Venice the 16. &illegible;

Two English Ships arrived here from Candia, doe confirme that which was spoken formerly, touching the misintelligence between the &illegible; and the &illegible; which we thought to be wholly agreed, but seemeth to be lately renewed, by reason of the Jealousie between them, and mistrust each of one another, insomuch that at last they were come to blowes, and much bloud spilt, and that both had protested to forsake their service, in case they doe not receive that present satisfaction which they challenge, being a gift at the Coronation of every Turkish Emperour: the old Empresse doth use all meanes possible to keep them quiet, with a parcell of faire words, whilst the great Councell, called the &illegible; hath decided the businesse. We heare further from Candia, that the S. &illegible; who are counted the most valiant of all the &illegible; are again marched in the field against the Turkes, intending to blocke up the wayes for relieving Canea, and hinder the communication which they may have with the Turkish Army before Candia; and for their greater incouragement, besides the two vessels laden with Ammunition, he is gone himself to them with a great supply of men, which are shipped upon some Gallies, that so they may beset close that strong hold, which at present is much unprovided of men and Ammunitions: In the mean time one men defend themselves valiantly in the City of Candia, where the Turkes although they are gone at some further distance, the better to repair their losses, which they received lately upon the severall assaults given to that place, neverthelesse because it is feared they will returne againe, therefore our men are very busie in repairing of our works and to make up the breaches which the Turks have made with their batteries on our walls this 15 moneths that they have besieged it.

&illegible; 2 &illegible;

The Commons (&illegible; the Parliament of England) Vote that the Committee of &illegible; should be impowered to lay Assessments of 2500 l. per &illegible; upon the said County, for maintenance of the Forces before Pontefract. The Committee of Indempnity, ordered to draw up an expedient, how all the people of England may have the benefit of the several Ordinances for Indempnity, without being put to that trouble and extraordinary charge of coming up to London. They Vote James Clavering Esquire, Sheriff of Durham, the Governor of Windsor, 15 l. per &illegible; for defraying the charge of the King and his attendants, and 5 l. per &illegible; for incident charges to the Garison while the King is there, 3000 l. worth of the Duke of Buckingham, Woods to be cut; 1500 l. there is to be for the Governor of Windsor, and the other 1500 l. for pay of the Horse guards Com. Bucks.

3. Jan. They Vote two Members of the House to peruse the Lords Journal Book, and to certifie what they had voted upon the Ordinance and Vote, yesterday rejected by them; they presently return answer, That the house of Lords yesterday consisting of the Earl of &illegible; Earl of Northumberland, Earl of Pembroke, Earl of Mulgrave, Earl of Rutland, Earl of &illegible; Earl of Manchester, Lord North, Lord &illegible; Lord &illegible; Lord &illegible; and Lord &illegible; had, nullo &illegible; agreed upon several Votes for laying aside and rejecting the Ordinance yesterday sent up to them, for appointing a Court-Marshal for tryal of the King, and the order for declaring the King Traytor, for levying War against the Parliament and Kingdom, the supream Authority of this Nation (though they would never own that stile till now) therefore voted, That the Members of that House, and others, appointed by order of this House, or Ordinance of Parliament, to Act in any Ordinance of Parliament where the Lords are joyned; and are hereby impowered and enioyned to sit, act, and execute in the said several Committees of themselves, though the Lords joyn not. They order &illegible; ward to proceed to Election, and that the Lord Mayor, or any other, should forbear to impose the oath of Common Councel, or the oath of Trinity house, or any other illegal oath, upon those that are lately elected for Common councel men of London. They refer the names of the Officers of Ships to the Navy, to consider who are fit to be imployed in the next Summers Fleet. Col. &illegible; and Cap. Moulton, especially recommended to the Navy for imployment.

4. Jan. They vote, That the people under God are the original of all Just Powers what then becomes of the power of King and Lords, that never were decied by the people? They declared, That the Commons of England assembled in Parliament, being chosen by, and representing the people, have the supream Authority of this Nation. But because the Levellers said so, therefore imprisoned, their Petition rejected, and they held enemies to the Kingdom; and it would be but justice &illegible; to &illegible; all Orders against Lieutenant Colonel John Lilburne and others, for maintaining the same, and give them leave to prosecute the Lords for saise imprisonment. They further declared, That whatsoever is enacted and declared for Law by the Commons of England assembled in Parliament, hath the force of Law, and all the people of this Nation are included thereby, although the consent and concureence of the Lords and Commons be not had thereunto: How many Members were of this minde a moneth a gone, &illegible; Henry &illegible; and seven more?

5. Jan. The Parliament votes, That the General be desired to take order, and &illegible; all Delinquents and Papists from &illegible; to, &illegible; in the City of London and Liberties thereof, or within the late Lines of Communication, or within ten miles of the City of London; and secure the persons of all such as shall be found within the said limits six days after this present Friday, except such persons as shall be licenced under Mr. Francu Allen, and Mr. Samuel Moyl, to come to prosecute their Compositions with effect, or such as have already compounded for their Delinquency, and have paid in their money according to order and directions of the Parliament. They ordered also. That the Lord General should be desired to command his Martial General to take care of all prisoners of War, and for Delinquency, That they be secured from escaping, and it was referred to the Committee of the Army to enable the Marshal General to go on with the said service. The Marshal General was likewise voted, to put the Ordinances of Parliament in execution, for suppressing scandlous and unlisenced Pamphlets, and the Committee of the Army was to enable him to go on with that service. The prison of Peter house, and the escape of prisoners thence &illegible;

6. Jan. Letters come from Master Strickland Agent for the Parliament in Holland, &illegible; two rich Aldermen of the City of London are landed there, viz. Alderman &illegible; and Alderman &illegible; Its very &illegible; many Lords and Commons, and other Citizens will follow them are long. The two Members appointed to know Mr Prymes answer Whether the scandalous Pamphlet, to which his name was set, was his; and whether he would own it, reported his answer, That when a sufficient Authority sent to &illegible; he would return a speedy answer. This answer is to be considered of on Thursday next. The Commission is for tryal of the King, ordered to begin to sit about that business on Munday next, at two a clock in the Painted Chamber. They order the monys formerly given to the Lord &illegible; should go towards disbanding the Lancashire Forces: It was referred to the Lord General to take care to enquire how the Scotish prisoners have been disposed of, and by whom, and who have made merchandise of prisoners taken in War, either Scots or English; and that his Excellency be desired to return Certificate thereof to the house.

Ian. 8. 1648. Letters from Lime thus:

Sir,

This Town is most gallant, and Heroick of all others in the Kingdom, as they were formerly, by opposing so long and difficult a siege. Its very observable, and most remarkable to all the Kingdom, that though they have no Garrison in the Town, yet they suffer not any man to come in armed, or at least to stay many hours in the Town, before they examine him, and if he cannot give a good account that he is a friend to the Parliament, and Army, they disarm him presently, secure his person, and detain him till he can produce good friends to ingage for his integrity: Some lately come hither that could not produce sufficient testimony of their affection, they have been sufficiently handled by the Inhabitants. The Revolutions, and Transaction of affaires, now give a sufficient Caution to all the well-affected in the Kingdom, to be as jealous and strict as in this Town. And I wish all honest men would put themselves in a posture of defence and security before it be too late.

Somerton, received the same day from a private hand.

Sir,

We thank you for imforming the Kingdom in your last, of our ready, and speedy assotiation with friends Domestick, and elsewhere, for security of the wel affected of this County, and others adjacent; you may in your next tell the Kingdom, that the Lord hath raised up the spirits of all the honest party in this County, and neer us, in relation to the late proceedings of the Parliament and Army, for Common Iustice, Freedome, and Preservation: That we are no lesse then 12000 horse and foot listed to joyn with, and engage for the ends mentioned in the late Remonstrance of the Army and the Petition of the well affected of the City of London, and shall be ready in three dayes time to give a full testimony of the same (if occasion shall be) which we hope the Lord will prevent

Pontefract Castle received the same day.

Sir,

Since the last Post little considerable hath hapned in these parts. The &illegible; Gen. is not returned from the disbanding of Col. Rodes and Col. &illegible; Regiments of horse, in regard the work hath been very difficult and troublesome, yet I presume by this time the business is well nigh over. Here is no visible disquiet as yet in these parts, or any thing tending visibly thereunto; If this unluckie hole were But reduced, which I fear may yet be too long, and will be the utter undoing of this poor Country, besides the continuance of our miserable hard duty in this extream unseasonable weather, more then all the forces of the Kingdom besides. We have lately had severall counsels of war here, for the tryall of offenders, wherein we have proceeded to the execution of exemplary justice upon some, to the great satisfaction of the Country, and reformation of the Army. The wel-affected in &illegible; parts do greatly rejoyce (the Malignants are as much troubled) at your gallant proceedings against Charles &illegible; you see now the Lords and he are not independent, let them all fare &illegible; private enemies are more dangerous then publike: I think they have gone a more ready way to undo themselves, then all humans wit could have imagined. Strive to answer the providence of God in this thing, it is good indeed to follow, or come after providence, but it is as good to keep close to it, and not to lag one seasonable blow to the many seasonable words (which sure is not far off) would set the businesse much forward; expedition in this would prevent much corrupt mediators, which other Monarchs will send, to turn Iustice aside, lest it might prove an ill president to them in future. The poor people in these parts are afraid of &illegible; again, hearing rumors, as if they were preparing for a second invasion, and I perceive that is the great hope of this besieged enemy: for my part, though I am apt to believe that they are as great enemies to these late acts of the Army, as can be, and would most willingly finde a plausible way of entrance, yet I think at present they are not much to be feared. Their new Parliament begun the 4 of this instant, and certainly something considerable will be done, both in relation to the last engagement, and also to some future service, I wish they were well watched both in this and that Kingdom, that we may not suffer for want of discovery, or true understanding of their proceedings.

Westminster. 8 January.

A Letter was this day read in the House from Sir Charls Coot, from London-Derry, giving an accompt of the present affairs and condition of the Parliaments Forces under his command, which was to this purpose, That a while agone he marched forth with the Forces of that Province of Connaught, from his head quarters, the Town and Fort of Slige, seventy miles into the enemies Country, to a place called Shrewe: in the County of &illegible; that after a little conflict with the Rebels, some of them were killed, and that his party burned great store of their corn, preyed the Countrey all along, brought away one thousand of their Cows and returned without loss. That from thence he returned to London-Derry to his command, where he apprehended Sir Robert Stuart, and have since sent him over into England with a Charge against him. That since this, he hath possessed himself of Kilmore, and fourteen great &illegible; which Sir Robert Stuart endevored to block up both by Sea and Land, whereby to starve and take the City at pleasure, in stopping and offering to sink the Ships with the late Provisions of Parliament, sent thither for relief of the City; and several other Vessels from England and Scotland, which he would not suffer to pass or traffique with the City, until it was necessitated to grant him advantagious conditions. He also intimated of his seizing of Lefford Fort, Castle-Derrige, and Castle M. Gra, the fishings of Loughfoyl, and some Customs of London-Derry. The House after the reading hereof, and the Charge inclosed against Sir Robert Stuart, voted, That it should be referred to the Lord General and Councel of War, &illegible; Sir Robert Stuart by a Councel of War, upon the &illegible; charged against him; and that the prosecutors do give in their charge against him, to the Councel of War; and that the said Councel be desired to secure the person of the said Sir Robert Stuart, till the said tryal be ended. They likewise voted, that it should be referred to the General and Councel of War, to take into consideration the desires of Sir Charls Coot, to have relief and supplies speedily sent unto him. The consideration of securing Holy Island, presented it self this day to the Parliament; and they ordered thereupon, that the Lord General should be desired to take especial care of the safe-guard thereof. They gave Sir Charls Coot thanks for these extraordinary services, and confirmed his possession of Culmore-Fort, and other places. Approved of his apprehending Sir Robert Stuart and others, that fled into, and that were engaged against this Parliament and Army in this Kingdom, and likewise Scotland in the last Summers Rebellion. They vote that the Counties of Northumberland, Cumberland, &illegible; &illegible; of Durham, and towns of Newcastle and Berwick should (since the 28 of November last) have the benefit of the Sequestrations of all Delinquents, and the fines of all old Delinquents, for their new Delinquencies, for disbanding of the Forces lately raised in those Counties and places.

The Generall Counsell of the Army, intended to perfect the Agreement this day, &illegible; the sirting of the Commissioners for tryal of the King in the printed Chamber had not prevented them: The House rose betimes likewise in relation to that businesse. The Commissioners being met about three of the clock, (his Excellency being one) after (a short Ceremony performed) they fell to Debate, and came to this Resolution, viz. That to morrow morning a Herald should proclaim, and invite the people to bring in what matter of &illegible; they had against Charles Stuart, King of England. That on VVednesday next the Commisioners appointed for tryal of the King, intend to sit in VVestminster Hall concerning that business, and to direct all persons to bring in their Charges on that day. Having thus named the time and place, his Majesty is expected to be speedily sent for to VVestminster in order to his tryal: take heed of his fair words, and be not deluded.

The French in Paris have chose themselves a Generall, who no sooner was elected, but comming out amongst the people, he cast up his Hat, and cryed with much acclamation, and the people with him. Vrve le Roy, & la Parlament. They have 40000 ready to draw our against the Prince of Candy; if they be worsted the City is ruined, if otherwise, the People may redeem themselves from slavery, if they cry not up too much the King and Parliament.

Windsor, 8 January.

The King is seemingly merry, &illegible; absolutely timerous of all that &illegible; into his presence, except young Ladies, whom he salutes for the most part (if handsom) but the old Ladies must kiss his hand; the black &illegible; not attending him as the did in the Isle of Wight makes him very hot and eager in Courtship.

&illegible; week comes forth in Print-Master Brooks his Sermon preached before the Commons the last Fast, He exhorting them to Justice; the Gentleman that preached after him &illegible; discontented having his brother Loves spirit boyling in his &illegible;

Printed and are to be sold by R. &illegible; in Queens Head Alley neer Pater nosterrowe, and T. &illegible; at the West end of &illegible;

FINIS.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

From Tuesday January 9. to Tuesday Ianuary 16. 1648.

&illegible; in Peril, is the Mother of &illegible; Misery, and Clem: Alexand: tells us, that delays oftentimes bring to pass, That he which should have died, &illegible; &illegible; &illegible; should have lived. This made a wiseman once to say, That Reason many times desireth execution of a thing, &illegible; &illegible; may not suffer to be done; not for that it is not just, but because it is not followed. Besides, how frequent do we &illegible; &illegible; hour to be the father of greatest &illegible; Mens judgments and opinions, wavering in a moment. The Flatterer applies himself to &illegible; and opportunity; let him swallow the Golden Pill, and let us observe its operation. In hard to blinde Suspition with a false colour, when Jealousie stands at the &illegible; of an enemy: Yet would I not distrust any, without cause; &illegible; be too &illegible; without proof: but rather make Suspition a &illegible; by holding an enemy &illegible; my bosom. Frederick the Emperor desired, That his Councellors would at the &illegible; in of his Court, lay aside all deceit and dissembling. And we reade that Alexander could boast to Antipater, That his &illegible; was outwardly white, but lined with purple. Is there &illegible; Anguis in Herbs? then Cave. But Silence is a gift without peril, and a Treasure without an enemy: being more &illegible; then speech, when Enemies become the Auditors.

Westminster, Tuesday 9.

The great Complaints of Fishermen swim in the House this day, having &illegible; &illegible; allowed to protect and to maintain that great trade; Pirates from Ireland and elsewhere, making their daily &illegible; upon them, to the ruine of themselves, and that great trade of the Nation. The consideration hereof, begets an Order for four ships to be speedily set out for their relief: The care and expedition herein, is referred to the Committee of the Navy, who are now more white then &illegible;.

They Vote, that the Book wherein all the Oaths of the City of London, are Registred, to be imposed upon Councel-men, before they could be admitted to sit, or act as Common-Councel-men, should be sent for to the Committee, appointed to consider of the said Oaths, and all others; to the end, Provision may be made for the future against them.

The Committee appointed to consider of Master Hugh Audley, that would not stand Sheriff, unless he might be execused from taking the Oaths usual imposed upon Sheriffs, made report thereof this day to the House; upon which, they Voted that the said Master Audley should be excused from having the said Oaths imposed on him.

The Lords sitting this day, sent a Message to the House of Commons, who debate long, Whether the House should take any cognitance, or receive any Message from their Lordships; the debate flies high, and the result could not be had without a division of the House, and it was carried in the Affirmative. The Messengers, upon that being called in, acquainted them, That their Lordships had returned them several Ordinances, sent up formerly to their Lordships for their Concurrence. One was for the Commissioners of the Customs, to advance 6000 l. upon the security of the petty Customs for the use of the Navy: Another for continuing two Troops of Horse in Northamptonshire: A third, for levying the Arrears of Assessments due to the Army: And a fourth, for removing obstructions in the &illegible; of Bishops Lands.

The House then ordered two Members of their house, to goe to the house of Peers, and peruse the Journall of that House, and certifie the same to the House; The members &illegible; reported that their Lordships had past foure several Ordinances, which they sent downe yesterday, and had debated the Vote sent up unto them, for declaring Charles Stuart (King of England) Traytor, for levying warre against the Parliament and Kingdome; That their Lordships had &illegible; a Vote thereupon, which was to to this purpose, viz. That if any King of England shall hereafter leavie warre against the Parliament and Kingdome, it shall be high treason, and he shall be proceeded against accordingly, by the Lords and Commons assembled in Parliament. And that their Lordships had adiourned till to morrow. The House Votes a new great Seale to be made, and the old one laid aside; conceiving is more proper to have the Armes of England and Ireland, then any particular persons; And therefore voted, that the Armes of England the Harpe, and the Armes of Ireland should be ingraven in some convenient place of the said Seale; That on one side thereof, there should be this inscription; viz. (The great Seale of England) and on the other side thus; (In the first yeare of Freedome, by Gods blessing restored, 1648.) They ordered that the name of no particular person should hereafter be used for stile in Commissions and Writs, but referred to a Committee, to consider what stile should be used therein for the future. The high Court of Justice sate this afternoons concerning the Kings tryall, and ordered that Proclamation should be made with a Herald at armes, by beat of Drumme, and sound of Trumpet, that the said high Court did intend to sit on thursday following in the Painted Chamber, concerning the tryall of the King.

Wednesday. 10.

Three Lords got together this day into the house of Peers, and adjourned till to morrow morning, without doing any other businesse whatsoever. The Commons this day Voted that Mr. Pryn by his last answer concerning his scandalous Pamphlet, had denyed the authority of that House. And hearing that there was a Habeas Corpus granted for removing his Body, the House to prevent the same, Voted that the Serjeant at Armes should take the said Pryn into speedy and safe Custody. The Ordinance for regulating affaires in Courts of Iustice was read first time, and recommitted.

A Proclamation made by Serjant Denby, concerning the sitting of the high Court of Justice, for tryall of the King.

By vertue of an act of the Commons of England assembled in Parliament, for erecting of an high Court of Justice, for the trying and judging of Charles Stuart King of England.

We whose Names are hereunder written being Commissioners (amongst others) nominated in the said Act, do hereby appoint, that the high Court of Justice, mentioned in the said Act shall be holden in the Painted Chamber, in the Pallace of Westminster, on Wednesday the tenth day of this instant Ianuary, by one of the clock in the afternoon; and this we appoint to be notified by publike Proclaiming hereof in the great Hall at Westminster to morrow, being the 9. day of this instant Ianuary, betwixt the hours of 9. and 11. in the forenoon;

In testimony whereof, we have hereunto set our hands, seals the 8. day of Ianuary, Anno. Dom. 1648.

Signed and sealed by 46. of the Commissioners in the name of the whole Court.

A Coppy of the Commission from the said Court, to Serjeant Denby, for proclaiming thereof.

We the Commissioners, whose names are hereunto subscribed, doe hereby authorize and appoint Edmond Denby Serjeant at Armes, to cause this to be Proclaimed, according to the tenour thereof, and to make due return of the same, with a precept to the said Court at the time and place therein mentioned.

Signed by 46. of the Commissioners of the
Court, in the name of all the rest.

Die Martis 9 Ianuary. 1648.

Ordered by the Commons assembled in Parliament, That the same Proclamation that was made this morning in Westminster Hall, touching the Tryall of the King, be made at the old Exchange, and in Cheapside forthwith, and in the same manner. And that Serjeant Denby, the Serjeant at Armes, do Proclaime the same accordingly: And that the Guard that lyeth in Pauls do see the same done:

Henry &illegible; Cler. Parl. Dom. Com.

Serjeant Denby rid with his attendants, and a Troop of Horse before him, with the &illegible; of the House of Commons on his shoulder, and proclaimed! in Cornwall against the Exchange, and afterwards in the middle of Cheapside in London, according to the said Order.

To his Excellency Thomas Lord Fairfax, Lord General, and his general Counsel. The Humble Petition of the well-affected in the County of Hartford, &c.

weth,

THat your Petitioners do with much thankfulness acknowledge the mercy and goodnesse of God to them, and all the well affected of this Nation, in stirring up your Excellency, and the Army under your Command, to interpose between them, and their intended ruine, who (having constantly adhered to the publike interest, though the various mutations of times, and not been wanting in contributing due and cheerfull assistance towards suppressing the Common enemy, even much beyond proportion) have long waired with much patience, on those from whom we hoped for relief, yet have had no deliverance: But as in Egypt Pharaoh dyed, and another that knew not Joseph arose in his strad, who afflicted Israel; even so in our Parliament many of our worthy patriots are dead, and such new Members come in their room, as have doubled our afflictions; as in particular, they have gathered in our moneys under pretext to pay your Excellencles souldiers, but have kept the moneys, and made us keep the souldiers; some also chosen by this County, have strongly endeavored to hinder the success of such means as hath been used to secure the County, writing down to the Parl. Committees, to desist raising money, thereby to discourage the souldiers for want of pay when indeed we were in great danger to be overrun, an enemy being then (as it were) in our bosoms; besides the great indignities put upon many, who with all uprightness and faithfulnesse have served the publick, by sequestring, and secluding them from those Offices and imployments, wherein they were most usefull, as Committees, Commissioners, &c. And giving countenance and incouragement to such as might rather be esteemed enemies, and dangerous to the State, by making them Iustices of the Peace, Committees, Commissioners, &c. which makes us more then suspect they had no good design upon us; and when we consider what Ordinances have past the Houses for suppressing the Book of Common Prayer, and how long Members of Parliament at our Counties Sessions, have not only reasoned, and pleaded for those Laws which binde the people in Conformity thereunto, but punished divers by imprisonment, for not observing the same: we can in reason expect no case, but rather torture for tender consciences: but above all, we must needs look upon the late Treaty, wherein they so strongly engaged, as the most prodigious and horrid thing they could have attempted, to the utter, and inevitable ruin of the whole Kingdom, and their own perpetual shame and Infamy, especially, if their Declaration of no more Addresses have any truth in it.

We therefore humbly beseech your Excellency (whom by many sweet experiences we have found to be Pater Patrie, a Friend and Father to your countrey) to look upon our miserable distresses and distractions, with a tender and regardfull eye, to take care for the speedy settlement of our almost ruined Nation. To make good your severall Declarations, Remonstrances, and Proposals lately set forth, (that we may not languish in a tedious expectation of benefit by them) not forgetting your ingaged care, that the Petitions presented to your Excellency and the House, by the wel-wishers to the publick, especially that of 27 Heads, of the 11 of September last, may have their timely consideration. That Iustice may be administred to all, and that those that have been Capitall offenders, may have due punishment, and be presidents to future Generations: More particularly, that secure and timely provision he made against persecution for conscience sake, by the usurped power of the Magistrate, as also against the exercise of Arbitrary, power, over any mans person, or Estate, and against them tollerable oppression of tythes free-quarter, &c.

And in your Excellencies prosecution of these, or the like things, as matters of Iustice and Freedom, (though it should be in wayes extraordinary) your Petitioners will stand by you, and assist you with their Estates and Lives.

Augsburgh, the 16 December.

The Commissioners that have been appointed to see the Artleles agreed upon &illegible; the late Treaty, are still remaining at Vim, being staid there about the ending of some differences, not yet concluded in the Diet, which is hold still in that place &illegible; in the mean time a Trumpeter hath been sent to Munic, to the Duke of navaria, to know of his Highness, Whether he remaineth still in that resolution, to see the Articles of the Treaty were observed, or not, chiefly concerning that Town; seeing there is lately gone into it above two hundred foot souldiers, besides those that had been sent thither a few days before: there is a small party of horsemen gone into Memminguen also. The Cessation of Arms hath also been published with the found of Trumpet in Nordlinguen, where every Citizen hath been cared ten Gelders, towards the payment of the Swedish Army.

&illegible; the 17 of December.

The Duke of Bavaria having obtained his demands at the late Diet held at Wasserburgh, even that the Estates there assembled should take upon them to satisfie and pay such arrears as are due to his Army; therefore the Bavarian Generals are gone to the said town of Wasserburgh, to confer with the said Assembly. This Army hath still its chief quarter at Sult bach in the upper Palatinate, and the Imperialists remain still at Budweis; some Regiments being sent to take their Winter quarters in the Emperors Hereditary Countryes, till a new order be sent.

Leipsich, the 20 of December.

According to the Agreement made at Prague, between the Deputies of both parties; the Swedish Generals are contented to forsake Bohemia, and to quit those places which they hold in that Kingdom; their forces being already gone over the Moldaw at Colm, that so they may quarter in those seven Circles (or Counties) which are appointed for them, being agreed upon betwixt both parties, that the Swedish forces shall quarter on this side the Elve, and the Imperialists on the other side of the River; it being also agreed, that there shall remain in Prague one thousand Musquertiers in that part of the City, called the Little Town, till such time as they have received their full satisfaction for the moneys that are due at the first payment; which being done, they are totally to quit the town. The Prince Palatine of Sweden is to have his head quarter at Ersurt, the General Koningsmark at Halberstad, the General Wrangle at Schwinsurt, and the General Wittenberg, in that part of Prague called the Little Town; from which place, there marched out the eleventh instant, some Swedish Troops, viz. The Regiments of Rore, Axellilie, and Zebel; and at that very time the Schollers did also quit their posts, where they had strongly intrenched themselves in the old Town; after that, the Colonel Coloredo, who is Governor of Prague, had given them &illegible; any thanks in the name of his Imperial Majesty, for the good services they had performed, for the defence of the City, during the time it had been besieged; they thewing so much valor and courage, that they did even beyond expectation; and the better to express it unto them, there was some moneys given among them, and pieces of cloath, that so they might get new apparel, whereof they stood in great need.

The six instant, the Duke of Saxony Lawernburgh, did feast at the said City of Prague, the Prince Palatine of Sweden, and his brother, the Palatine of Heidelberge, the Duke of Weeklenburgh, the Generals Wrangle, Koningsmarks, and Wittenberg, and some other high Officers of the Swedish Army.

Franckfort on the Main, the 28. Ditto.

The French forces that quarter in these parts, have lately sealed the walls of the Little Town Seligenstar, where they intend to quarter, and also have done the like at Elfelt, where one of their Regiments lyeth quartered, besides another that is gone to quarter at Moguntia.

From Munster the 28. of December.

The 22. instant was brought hither the ratification of the peace of Germany from Sweden, and two dayes after was brought also the same from France, which hath been here a great occasion of joy unto all the Deputies that are yet here, as also there was great rejoycing through the Citie, so that there remaineth nothing more to doe, but to deliver from one to the other the said ratification, that it may be a thing firme and stable.

From Amsterdam the same day.

This Citie hath promised to send within ten or twelve dayes to the Hague, an Answer to what hath been demanded of them, viz. whether they would declare against the King of Portugall, in case he would not make restitution of those places which he holds in &illegible; which the Hollanders alledge to have been unlawfully regained from them by the Portugais, although it is well known the Portugais did first discover it, landed there, inhabited it in some parts, and have freely and quietly enjoyed it, till such time as the King of Spaine, having got possession of the Kingdome of Portugal, and the Hollanders being then in their Orient, did invade that Country, not as being Portugaises, with whom they never had had any quarrell or falling out, but did consider them, as being the King of Spaine Subjects, never considering, what title, or in what manner he was become Master of that Kingdome, whether justly, or unjustly for the truth thereof, the successe hath been a great evidence, how it was no better then an usurpation and therefore makes the Hollanders title, or claime to it so much the weaker, and of lesse value; it is scarcely believed that the City of Amsterdam will very hardly engage in that warre, there being many reasons against it, for besides a strong partie there, that is well affected to the Portugais, there is want of many things that are chiefly necessary for the setting forth of a Fleet, and therefore will sooner follow their trading in all parts, then to venture in a warre, which is very dubious, and in the end can produce but little good unto them.

From Milan the 17. of December. 1648.

Dem Octavis Guaschi, Field Marshall Generall of the Lorraine Forces is lately come to this City, from whence is gone Count Francesco Sorbelloni to Madrid, where is lately deceased Dom &illegible; Sajaucdra, heretofore one of the Plenipotentiaries for his Catholique Majestie at Munster. Our Governour, the Marquis of &illegible; having advice of the landing at Genea, of six hundred Spanish foot souldiers, commanded by D George de Vlione, which men are sent to serve in this Dukedome for the defence thereof, therefore he hath sent thither for their Convoy the Regiment of Dragoones of Dom &illegible; de Viglians, who was in the Country of &illegible; upon the borders of Montserrat, where they have plundered all those places that have refused to pay contribution. We are put in hopes of more forces that are to come, which will amount in all (as it is said) to 4000. foot souldiers that are to be here, and made sit for the next Summers expedition; but our Treasure is so exhausted, that hitherto the Princesse of Mirandula could not be paid off her yearly pensions, neither the Catholick Cantons of the Switzers and Grisons, although Dom &illegible; Caser, the Spanish Embassadour at &illegible; lately come hither himselfe to hasten the payment thereof, without with there is no faire correspondence to be kept with them.

From Barcelona the 20. of December.

Dom Diego Cavatiero Governour of Lerlda did march out lately from thence with a party, consisting of 500. foot, and three hundred horse, intending to have fallen upon the little Towne of Castillan de Farfague, which is neare Belaguier and having entied the Towne, to have taken the Castle by an onslaught, which is no strong place, but very ill fortified. But as he was going to cease upon the Church, the Governour of the place fallied out of the Castie, with a party of his garrison, and some of the inhabitants which fled thither and after a very hot encounter they put the enemy to flight, there being eighty of them slain upon the place, with one of their best Captains, and three of them taken prisoners.

Vurin, the 26 December.

Our Senator &illegible; is here returned from Casal, where he had been sent to the Duke of Mantua, to renew the Treaty which had been begun formerly betwixt him and one of our Princesses, which did not proceed one while, but a demur was made by reason of some pretentions which the said Duke had upon some Lands in the Montefertati, which Lands he demanded to have as a Dowry. For his pretended Spouse; in lieu whereof, he hath propounded to make a double match, in proffering his sister to be married unto the Duke of Savoy. The greatest part of the French forces that serve in this state, are gone to take their quarters in Daufane in the Kingdom of France. The Spaniards have demolished the Castle of Cencio, and have carried the Goods, Ammunition, and what else was of any worth to Final; so that at present, they have no more strong places in the Country of the Langhes.

Narbonne the same day.

The twentieth instant, Mr du Bosquet (heretofore Lord Chief Justice in this Province of Langue doc, as also for that of Guienna) had the Bishoprick of Lodeva bestowed upon him by His Majesty, and was transmitted into holy Orders, and after consecrated by our Archbishop, having for his assistants, the Bishops of Beziers, and Alez.

Toulon, the 28 Ditto.

We have received advice, that the Galleys of Monaco have lately taken a ship bound for Naples, having in her above two thousand quarters of Corn, besides other goods; and that they chased another a whole day, but could not by no means take her, being put from it by reason of the soul weather that happened of a sudden.

Collen the 29 of December.

Our Prince Elector hath received order to quarter some Regiments of the Swedish Army, in the circles of the Rhine, and of Westphalia, which is no small grief to the inhabitants; who being sensible of the miseries which the late wars have brought upon them, in the quartering of souldiers, and monethly taxes, besides extraordinary raising of moneys; whereby they are so impoverished, that they are so far from being in ability to give them entertainment, or to quarter them, as they are scarce able to finde any livelihood for themselves. There was also a motion made to send General Lamboy into Bohemia; but it is thought, that he will not so soon undertake the journey, being our Elector hath an intent to keep here, upon a designe that he hath to be revenged upon those of Lukeland.

&illegible; the 9 of January.

The King having taken in his Protection, before the late wars of Germany and &illegible; the Duke of Gelders, who is Earl of Egmont, one that hath been exiled long from his Country, and forced to remain many yeers in London: the &illegible; Christian King hath given him testimonies thereof lately at Munster, where the French &illegible; had a special command to preserve his Rights and Prerogatives; and yet since that time, at Rome, where the French Embassador by his Masters Order, hath stopped the dispatches, and other writings given in that Court, about the Bishoprick of &illegible; in the Low Countries, which is a dependance of the Dutchy of Gelders, given to one by vertue of a &illegible; from the King of Spain, and now is following it, to get an admission for Master &illegible; &illegible; Suffragant of Lukeland, who hath obtained Letters to that &illegible; from the said Duke.

From Milan the 16 of December.

The last week, Cardinall &illegible; our Archbishop caused here to be made &illegible; procession by all the Clergie, as well secular as regular, from the &illegible; Church, to Saint &illegible; del &illegible; to implore Gods assistance against their enemies. The Marquis of &illegible; our Governour is gone from hence &illegible; some Troops of Horse, and marched towards &illegible; &illegible; &illegible; &illegible; between &illegible; and &illegible; and the fourth instant is gone over the &illegible; Adda, so to enter the Country of &illegible; but they have been repulsed by &illegible; French &illegible; that were left to keep those passes; he hath also sent to &illegible; &illegible; Prince &illegible; &illegible; &illegible; with some trained hands, who are to remaint &illegible; still the works that are to be made there be quite finished, and hath sent to &illegible; &illegible; &illegible; the Colonell &illegible; &illegible; towards the &illegible; &illegible; that so they may &illegible; that enemy from turning away the water that &illegible; to &illegible; and so &illegible; &illegible; City.

From &illegible; the 20. Dito.

There is a great number of workmen sent from this Citie, to repaire the late losse happened at &illegible; chiefly about the repairing of the &illegible; of &illegible; &illegible; Tower, and a summe of money being sent from this State there being fore Gentlemen &illegible; to &illegible; it &illegible; The Spanish Party havely sought &illegible; have a summe of moneyes, which they intend to imploy in the raising of some &illegible; Regiments, proffering to give &illegible; and other places neare it for &illegible; but this State doth not intend to advance any more moneys, till they see &illegible; play &illegible; they have had formerly, being this many moneths in expectation from &illegible; for the ratification of the sale formerly made of &illegible; &illegible; and all that be finished, nothing is to be done concerning new businesse. We &illegible; from &illegible; that the &illegible; of &illegible; is still kept prisoner so close, that &illegible; is suffered either to soe him, or speake with him, but in the prefence of his &illegible;.

From Rome the same day.

The &illegible; &illegible; is gone from hence to &illegible; where her husband doth &illegible; is chiefe for the Spanish party; and the Marquis &illegible; is returned againe to Naples. We heare from Naples, that the inhabitants of Saint &illegible; neare unto &illegible; are still in Armes, being resolved to oppose the proceedings of the Marquis of &illegible; their Lord, having &illegible; some of his Officers, the like hath been done by the inhabitants of &illegible; having lately slaine a Commissary sent her by the Spaniards.

From &illegible; Jan. 11. &illegible;

Sir, Here is very great posting to and again from London to &illegible; &illegible; day &illegible; servant to the Duke is &illegible; towards Scotland; he came from thence, and went &illegible; London not above three works or a moneth since: He saith he &illegible; no Letters, and &illegible; he &illegible; them not &illegible; he is esteemed as cunning a Scot, as &illegible; of &illegible; many, and &illegible; party &illegible; &illegible; as I yet &illegible; I have not yet heard what is done &illegible; the Parliaments &illegible; onely that &illegible; and some other Lords are confined to their Houses, and Chancellor &illegible; &illegible; President, I am yours.

Thursday. 11.

The Ordinance forsetling and regulating the Affairs of the Navy, was read the first time and committed for something to be added thereunto: As for taking away and making voyd all &illegible; Offices and Fees from Merchants, which will he much case to the Merchants, who &illegible; was forced to run to several impertinent Offices for payment of Fees, before &illegible; Goods could be Landed. The &illegible; man that &illegible; the Warrant on Master &illegible; to the him into custody, reported to the House his Answer, viz. That he was &illegible; &illegible; by some Members of the Army, &illegible; no perform his duty in Parliament, and since hath &illegible; secured by them; and ill &illegible; &illegible; was takes off, he could not submit to the Warrant, to be taken into the Serjeants custody. The House being upon other businesses of &illegible; concernment, thought it below themselves, to take further notice of such as considerable person; but inclined rather to hear the Armies Answer, concerning the secluded Members; which they voted satisfactory, as to the substance thereof, naming a Committes to consider what might be done further in relation thereunto.

The Common Councel of the City &illegible; till three of the clock this morning, concerning the collecting the &illegible; of the City, and other thing of importance.

The Lords met this day in Court, and adjourned till tomorrow morning.

Some of the most sidged Presbyterian Ministers desired (in respect some Officers of the Army, had formerly desired a meeting with them, to dispute the Legality of their present proceedings, and having falled the said Officers at that time) that his Excellency would be pleased to give Order for some Officers, to &illegible; them a meeting this Afternoon, at three of the clock at his Excellencies own house; which granted, they met accordingly, none being admitted to come into the Room, but such as were appointed to dispute the business. Some general Arguments were then infisted on for about two or three hours. The Officers of the Army &illegible; for particulars to be insisted on, to the end they might come to the depth of the &illegible; &illegible; a &illegible; fat is faction therein: the Ministers desired another time for &illegible; &illegible; which &illegible; granted accordingly. The Officers desiring a day weekly to argue particulars &illegible; them.

Friday. 12.

Upon the Petition of the &illegible; for sale of Bishop Lands, the House Voted, That a &illegible; &illegible; past under the Great Seal, for Confirmation of all the Purchases made thereof, &illegible; &illegible; all Officers acting therein.

They Voted, &illegible; &illegible; and Chapters Lands should be put to sale for the advance of a speedy &illegible; of &illegible; 200000 l. to be advanced out of the same, for present and urgent &illegible; of the Navy &illegible; and 100000 l. more for other great &illegible; of the Nation. And because the Ministry should not be too much offended herein; they ordered, that a Committee should be appointed, to consider how the Ministry of the Kingdom, may be provided &illegible; in some &illegible; ways.

Saturday. 13.

The &illegible; to the Ordinance for regulating the Affairs of the Navy, and taking off some &illegible; Fees from &illegible; were reported and assented unto; and this Act was ordered to be ingrossed in Parliament, but no Lords concurrence to be &illegible; thereunto, and its conceived will never be again to any other.

The House had Information, that five ships were sent from &illegible; northwards, and &illegible; the Parliament ships had taken one of them, their designe not known, but something thereof apprehended. Ordered, That the Committee of the Navy should consider &illegible; the Lord Admiral, if he was in Town (which was welknown he then was not) of sending shipping forthwith northwardly, and others towards &illegible; They vote Sir George &illegible; should be desired, for this one time, to go with Captain &illegible; in this expedition. &illegible; the Warwick Frigot should be imployed in this Expedition, notwithstanding all particular pretences to her by any persons whatsoever. That Captain &illegible; men, that are &illegible; in, should have two months pay.

&illegible; Ian. 13. Maior General Lambert &illegible; returned hither from the disbanding of two Militia Regiments of horse, and is now again gone to the disbanding of Col. &illegible; and the foot Regiments lately before Scarborough, wherein it is hoped, there will not be much difficulty, unlesse want of money retard the work: He is very active and painful &illegible; these publick services, and if affairs succeed well in the South, these miserable destroyed &illegible; and the whole Kingdom will reap the fruit thereof. This Enemy is yet resolute, and keeps us upon hard duty; but I hope in a short time, he will appear but fool-hardy. Our &illegible; and Morter-peeces, together with the Ammunition, is now come into this Town, and they will play very shortly: They now and then drop away out of the Castle, but are still very active with their great and small shot, to prevent our work.

Munday. 15.

A Declaration was read at the Councel of the Army at Whitehal, to be presented &illegible; the Agreement, to the House, after subscribed; and another Declaration to be published to the Kingdom with the said Agreement to this purpose, viz. That having since &illegible; end of the last War, waited for a settlement of the Peace and Government of the Nation. And having not found any such essayed, or endevored by those, whose proper work &illegible; their many Addresses and others in that behalf, rejected and opposed, and onely &illegible; &illegible; closure endevored with the King on terms, serving onely to His interest, and theirs that promoted. And being thereupon for the avoidance of the evil thereof, and to make a &illegible; for a better settlement, necessitated to take extraordinary ways of Remedy, (when the ordinary were denyed) now to exhibit our utmost endevor for such a settlement; whereupon they may with comfort disband, and return to their Homes and Callings and that all Jealousies may be removed, to oppress or domineer over the people by the Sword; and that all may understand the Grounds of Peace, and Government. They have at last (through Gods blessing) finished the Draught of such a Settlement in the nature of an &illegible; of the people, for Peace amongst themselves: It containing the best and most hopeful Foundations for the Peace and future Wel-Government of this Nation, that they can possibly devise. And they appeal to the Consciences of all that reade it, to witness, Whether they have therein provided, or propounded any thing of advantage to themselves, in any capacity above others, or ought; but what is good for one, as for another. Not doubting those worthy &illegible; of Parliament will give their seal of Approbation thereto, and all good people with them. But if God shall (in his Righteous Judgments to this Nation) suffer the people to be so blinded, as not to see their own common good and freedom endevored to be provided for therein, or any to be so deluded with their own, and the &illegible; prejudice) as to make opposition thereto; whereby, though the effect of it be &illegible; they have yet by the preparation, and tender thereof, discharged their Consciences to God, and duty to their Native Countrey, in their utmost endevors for a settlement unto a just, publike Interest; and hope they shall be acquitted before God and good men, from the blame of any further troubles, distractions, and miseries to the Kingdom, which may arise through the neglect, or rejection thereof.

London Ian. 15. Sir, As God is the preventer of all wicked Designs, so doubtlesse he will, as he hath hither to done, &illegible; all the &illegible; of those that do oppose the Peace, and settlement of this Nation. We finde here that the secluded Members, and violent Presbyters that seek the blood of Gods people, and the diversion of all honest endeavors to establish a true peace, and Religion (indeed) in this Nation, have their private &illegible; daily, how they may divert, justice (contrary to all the desires of the several Regiments, and Garrisons and all the honest party in the Kingdom) to be executed upon his Maiesty (And for this purpose &illegible; &illegible; &illegible; and others of that sect, gave out in their Pulpits this last Lords day, that they desired that the King might be Convicted and Condemned, but not Executed, (a fair pretence, and &illegible; Gloss to obstruct the intentions of all Gods people, and the whole Army, for Justice upon his Majesty) This design thus laid by the secluded Members, and regid Presbyterian Ministers; a desire in &illegible; thereof must come this day from the King, that Mr. &illegible; Mr. Tho. &illegible; and Mr. &illegible; may attend him, for satisfaction of his Conscience &illegible; well hoping upon a favorable report from them thereof) (who I doubt not will be faithful herein) that he may give an opportunity and ground for some men to work thereupon for saving his life; but unlesse it can be proved, that no man ought to suffer for Criminal offences in the time of the Gospel, (as some do, under pretence we are all sinners) not regarding all the blood shed in the three Nations, (and many of them most precious Saints,) breach of Trust, Perjury, and the ruine of three Nation. I cannot joyn with, and till that be proved, I protest against that odious, destructive, and abominable judgement, and desire the great promoters of this &illegible; design, to explain themselves herein by my next, hoping to give them such Arguments to the contrary, that shall give all &illegible; men satisfaction (unlesse wilfully or &illegible; blinded) to the contrary; but if the Army, Garrisons, and wel, affected in the Kingdom do not adhere to their former Declarations and Petitions concerning Iustice upon this Grand Melefactor. I fear we shall be &illegible; &illegible; our intentions herein.

The now (and never before) Common-Councel of the City of London, to oppose &illegible; wicked designe in the &illegible; thought it necessary, and of necessity to Petition and encourage the Parliament, to prosecute what God hath dictated to them from the desires of all the godly party of the Kingdom, in relation to Justice, and otherwise for peace, or settlement to this Nation: which this day, with a Narration against the now Lord Major, and neutral Aldermen, who would not joyn with them in either, but endevored rather an obstruction of both (by withdrawing from the said Councel at the debate thereof) was presented to the Parliament, who gave them extraordinary thanks for the same; ordering the said Petition or Narrative, and Answer, to be forthwith Printed, referring it to a Committee to consider further of the Lord Major and Aldermens proceedings herein; in which (so loons as reported) some thing further may be done in relation thereunto.

The Declaration concerning the recalling the former Votes, for taking off non-addresses, and for justifying the late and present proceedings of the Parliament, was this day read and affented unto. The House ordered 1000 l. to be forthwith paid out of the Ravenue, for defraying of some incident charges, concerning the Tryal of the King.

Windsor Ian. 25. Sir, The King is seemingly merry for the most part though &illegible; &illegible; of the Parliaments proceedings against him. He asked one that came from London, now &illegible; yong Princesse did as London? He answered, she was very &illegible; the King replyed, and well the &illegible; &illegible; when &illegible; &illegible; what death her old father is comming unto. We finde his discourse of late very &illegible; and talking much of women, which he is sure for the most part to bring in at the end of every subject. One telling him that the parliament intended to proceed in Iustice against him, he answered most simply and &illegible; &illegible; can question me for my life &illegible; The generall Counsell of the Army this my past &illegible; &illegible; &illegible; the House, another to the Kingdom, shewing the grounds of the Agreement, which after past, many Field Officers, and others of the Army signed the same, & Letter was read from Sir Lewis Dives in France, directed to the said Councell, desiring not he might be exchanged for Lieut. Col. Iohn Lilburn (who was taken by pyrates at sea, &illegible; &illegible; was going into the North to settle his 1000 ll. granted him by the parliament for his &illegible;) and cartyed prisoner into France, which is contrary to the Law of Nations having &illegible; wayes acted against that Kingdom, whereby he can be in the capacity of a prisoner, and if they detain him long, the parliament may and ought aswell to selfe their Ambassadour Agent, or other publike person here, or so many of the Kings party, till he be released.

The High Court, concerning the Tryal of the King, heard His Charge read, which &illegible; very long; and therefore ordered a Committee to abbreviate it if they could, and &illegible; the proof upon the matter, of Fact thereof, and to report all on Wednesday near &illegible; of the clock in the morning. They ordered, that the Parliament should be moved to &illegible; the next term for fourteen days longer, in respect of this Tryal. In order whereunto, they are making the Courts of Kings Benck and Chancery into one place of &illegible; for the better accommodation to His Majesty, and the Commissioners.

From Paris. Jan. &illegible; &illegible;

Since, instant, We have been much troubled with the Inundation of the River of Sein, but not at all affaulted with the Court Forces; who have likewise been so troubled with the said flood, that it hath been impossible to undertake any hostile action. The preparations for the war are continued here in Paris, with great heat, and all the guards are very strict; the &illegible; three times more in all the Suburbs then formerly; namely, in the &illegible; St. &illegible; Last night they made a Talley to meet the bread of &illegible; and another of 500 horse out of the Port St. Jaques, to convey the Provisions that are to come out of Beausse; but they are resolved &illegible; &illegible; out the whole body of the Army, until the waters are decreased, and &illegible; &illegible; in posture to gain a victory; which they doubt not in a short time but &illegible; accomplish. The three Generals that are to command by turns received on Thursday each of them 25000 Crowns. The Parliament taketh more and more the Authority; they passed an Arrest of Junction (all the Chambers being assembled) more firm then ever; which hath been subscribed by the Common Councel of the City, who will prove very honest. The &illegible; of Paris doth freely raise a Regiment of horse and a Regiment of &illegible; under the Command of the Earl of Moor: the Queen Regent and &illegible; are more angry at him, then any other. The advocates of this Parliament have taxed themselves to 50 Crowns each and the Attourneys to 20 Crowns. The Scriveners of Paris offer to advance 30 Millions of &illegible; if the Parliament, and Chamber of Accompts do engage their faith for the same. The Duke of &illegible; is Generall of the horse of &illegible;

London, Printed for R. W.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

From Tuesday January 16. to Tuesday Ianuary 23. 1649.

THe death of the wicked, is safety to the righteous; and that Judg ought to be condemned, that executes not judgment upon the person of the guilty. And though our Laws were formerly like Spiders Webs, to catch the small flies, and let the great ones go; yet shall we now finde that Justice will run down like a mighty stream, and be as impartially executed on him that fits on the Throne, as he on the Dunghil. Upon this score, the great Court-Fly of the Nation, is this week flown from windsor to London, in order to His Tryal in westminster-Hall.

To the Honorable, the Commons of England assembled in Parliament:

The humble Petition of the Commons of the City of London in Common Councel assembled:

Sheweth,

THat seriously weighing those unspeakable coyls, difficulties, dangers, and temptations, in every kinde, wherewith you have been hotly assaulted for many yeers together; by the powerful influence whereof, many great pretenders to the publike interest have been wrought off from the same: And withal, considering that all these, notwithstanding you have stood like a mighty Rock, firm and constant to your Trust; and are now acting after such a Rate as our dead hopes break forth with triumph from their Graves: We cannot but with inlarged hearts bless the God of Heaven for you, and (if it were possible) in the hearing of the whole world, proclaim our thankfulness to you for the same.

And apprehending, That the Non-Execution of Justice, the Intrusting of the Militia, and Navy in the hands of Neutralists, unfaithful, and dis-affected Persons; the great decay of Trade, the protecting of many mens Persons and Estates from the due course of Law, and the unsettled condition of this Nation, are some of the great and principal Evils under which the hearts of thousands of your friends (yea, the whole Land) groan: We humbly pray,

  • 1  That as you have begun to advance the Interest of unpartial Justice, so you would vigorously proceed in the Execution thereof, upon all the Grand and Capital Authors, Contrivers of, and Actors in the late Wars against the Parliament and Kingdom, from the highest to the lowest; that the wrath of God may be appeased, good men satisfied, and evil men deterred from adventuring upon the like practises for the future.
  • 2  That the Militia, Navy, and all places of Power may be put in the hands of none but such as by a constant and uniform tenor of their words and actions, have approved themselves faithful unto you, and the Just Rights of the Nation.
  • 3  That with all convenient speed, you would think upon some effectual course for the recovery, and increasing of the almost lost Trade and Manufacture of this City and Kingdom.
  • 4  That no Priviledge whatsoever may exempt any from the Just Satisfaction of their due debts.
  • 5  That having by your Votes of the fourth of this instant January, Declared, That the Commons of England in Parliament Assembled, have the supream Power of this Nation; you would (as far as you are able) endevor the setling thereof, upon Foundations of Righteousness and Peace: In the maintenance, and prosecution of which Votes, and of these our just and humble desires, We are resolved to stand by you to the &illegible; of our power, against all opposition whatsoever.
Die Martis, 16 Januarii, 1648.

An Act of the Commons of England Assembled in Parliament, for the Adjourning of part of The Term of Hilary, 1648.

THe Commons assembled in Parliament, holding it convenient and necessary, for divers weighty Reasons and occasions, to Adjourn part of the next Term of Hilary; that is to say, From the first Return thereof, called Octabis Hilarii, untill the Return of Crastino Purifications next ensuing: Be it therefore Ordained and Enacted by the Commons assembled in Parl. and by the authority aforesaid, That the said Term of Hilary be adjourned, that is to say, From the return of Octabis Hilarii, unto the said return of Crastino Purificationis: And all and every person or persons which hath cause or Commandment to appeare in any of the Courts at Westminster, in or at the said return of Octabis Hilarii, or in, or at any day or time from and after the said return of Octabis Hilarii, and before the said return of Crastino Purificationis, may tarry at their dwelings, or where their businesse otherwise shall lie, without resorting to any of the said Courts for that cause, before the said return of Crastino Purificationis next comming, and that without danger or forfeiture, penalty or contempt to be in that behalf. And be it also Ordained and Enacted by the authority aforesaid, That writs of Adiournment shall be directed to the Justices of the said Courts, giving them. Authority to adiourn the said Term of Hilary; that is to say, From Octabis Hilarii, untill the said return of Crastino Purificationis, as before is said; And the said Adiournment shall be made in the first day of the said Octabis Hilarii. And be it further Enacted and ordained, That all Matters, Causes and Suits depending in any of the said Courts, shall have continuance, and the parties shall have day from the &illegible; of these presents, unto Crastino Purificationis, as before is said: And the Commissioners of the Great-Seal are required to issue forth &illegible; accordingly. And be it further Ordained, That the Sheriffs of London, and all other Sheriffs of of the several Counties in England and Wales, do forthwith proclaim and publish this act in the chief Market. Towns within their several and respective Counties.

H. Scobel, Cler. Parl. D. Com.

Ordered by the Commons assembled in Parli. that this act he forthwith Printed and Published; And that the Members of this House do take care for speedy sending it down to the Sheriffs of the respective Counties, within the Kingdom of England and Dominion of Wales.

H. Scobel, Cler. Parl. D. Com.

An excellent Petition was presented to his Excellency from the County of &illegible; and because never Printed, take it here at large, with his Excellencies Answer thereunto.

To the Right Honorable his Excellency, Thomas Lord Fairfax, and the General Councel of the Army.

The Humble Petition of the known well affected Inhabitants of the County of Surrey.

Sheweth,

THat the Enemies of this Common-wealth, being (by the blessing of God) upon the endevors of the Army under your Excellencies Command, totally vanquished and subdued, and a fair opportunity thereby offered to settle the &illegible; of this much oppressed, and impoverished Nation, upon Grounds of Freedom and Safety. Your Petitioners well considering the same, and looking upon this Army, as those whom God hath chosen to be Instruments for so good an end; well weighing the miserable consequences that will unavoidably follow, in case you should neglect, or not make a right use of this season and hopeful opportunity Upon consideration hereof, we are encouraged with urgency of Spirit, to importune you, that all private Interests being laid aside, which hath so memorably and lately &illegible; the means of our distractions, you would cordially and industriously set your selves as a means to establish the Government, and remove the griavances of this Nation; and in doing thereof, that you would have a special regard to the Desires in that Petition of the 11 of September; and above all things, avoid the perpetuation of Command, Trust, or Office, in the hand of any person or persons, it having proved by the sad experience of all Ages and Countries, and of our own in particular, the means of Corruption and Tyranny in those that are trusted, and of bondage to the people. Considering likewise, that the &illegible; of the wel-affected people have been very much increased for their affection to you and their Country, in that the power of most Counties hath been placed, and still is in the hands of such as have been most opposite to your proceedings, whereby your friends have been, and are lyable to many affronts and abuses; seeing likewise, that such as have assisted the publike enemy, have justly forfeited, at least for a time, their title to places of Trust and Office: Upon consideration of the premises, it is humbly and earnestly desired.

1. That you would speedily and effectually prosecute the particulars in your Remonstrance, and in the Petition of the 11 of September; and especially, that you would be a means for the chusing a new Representative, in such maner, as it expressed in a Paper, intituled, The Agreement of the people; that so the affairs of this Nation, may be managed by a legal and regular Authority.

2. That you would be very circumspect, in reserving from the power and trust of succeeding Representatives, such particulars as are mentioned in the said Agreement. Chiefly, that we may not be compelled to any thing about Matters of Faith, nor restrained from the Profession thereof in the exercise of Religion, nothing being more neer and dear unto us; by intrenching upon which proceeding, Parliaments have very much violated the Liberties of the People; kept the Nation in ignorance; occasioned frequent Divisions, Wars, and the miserable Consequences thereof: And that all other grievances, as are generally complained of, May either by the Agreement be removed, or proposed therein, to be taken away by the succeeding Representative, in such a maner, as that the people may, as neer as may, be ascertained of their removal.

3. That the Commissioners of the Militia, the Deputy Lieutenants, Sheriffs, Justices of the Peace in this County, and all other places, may be chosen by the wel-affected inhabitants thereof, and that all such as have assisted the King in purse or person, or appeared in the late tumultuous engagement for a personal Treaty, or that have otherwise abetted the same, or that may be charged with any probable suspition of evils to their countrey, may upon a penalty be for a time prohibited from being chusers, and made uncapable of being chosen into any the aforesaid places, or trusts, that so such as have expressed a constant good affection to their Countrey, and hazarded themselves in times of its greatest necessities, may no longer be trampled upon by their haughty and imperious Adversaries: That all dangers of Future insurrections in this County, and elsewhere, may be prevented, and the hands of yours, and this counties friends, strengthened. And that just accounts may be taken of this Counties disbursments, and its real friends distinguishment, from such as under a Cloak thereof, are its secret, and worst of enemies.

Lastly, We humbly desire that your Excellency would make a due construction of what we here present unto you, as proceeding from the integrity of our hearts, and that you would use the most speedy and effectual means for the accomplishment of our Desires: So shall we think our former miseries well recompensed, and daily blesse God for the happy deliverance, which by your means he hath vouchsafed to us: But if you shall now lose this opportunity, which God hath wonderfully put into your hands, and thereby give up this almost ruined Nation, into the hands of its mercilesse enemies. God may shew you, when too late, your fayling, and finish our deliverance some otherway: Therefore we again most humbly and earnestly intreat, That these our Just Desires may be without delay accomplished, that so this poor distempered, oppressed, exhausted, and afflicted Nation may be relieved, and our selves, with all the faithful, engaged to lay our all our endeavors for your assistance.

His Excellencies Speech to the Petitioners, upon the reading of their Petition.

The Petitioners having first presented their Petition to the General, after almost half an hours discourse with them, had this Answer returned by his Excellency.

THat be did very much approve of their forwardness therein, and gave the Petitioners hearty thanks for their good affections to the publick; and further said, (or &illegible; effect,) Although God hath no need of the Creature, upon whom we were not &illegible; &illegible; yet every one in their places ought to seek after the good of the publike, as God shall stir them up. And further said, That he doubted not but those which were in Power would indeavor the same.

Hereupon his Excellency reserved it to be considered of by the General Counsel of the Army, and the said Counsel gave Order to Colonel Harrison to return this Answer, to wit, That they had well considered of the Petition, and was required to return the Petitioners hearty thanks from the Lord General, and the General Counsel, and that most of the particulars therein were now in agitation, and the rest should, as conveniently as may be, taken into consideration.

A Letter from the Court of Parliament at Paris, sent to all Majors, Bailiffs, Sheriffs, and other publike Officers in the Kingdom of France.

GEntlemen,

Although we doubt not, but that the Court hath always been careful, in all Occurrences, to use their best endevors for the preservation of the State; thereby making manifest their fidelity to their Soveraign. Nevertheless, as the Cardinal Mazarini, who is an utter enemy to the Kingdom, seeketh by all means, yea by an open violence and force of Arms, to oppress the Kings Authority, that of this Court, with the publike Liberty; and this he doth seek to accomplish, having to that effect, caused this City of Paris to be invested, and moreover, to have conveyed the King from thence at two of the clock in the morning. We therefore do give you advice that here inclosed, we send you such Orders from this Court, as are made concerning these present affairs, and particularly touching the aforesaid Cardinal Mazarini; wherein he is proclaimed a disturber of the publike peace, and enemy to the King and Kingdom: And by another Order from this Court, we do forthwith charge and command all forces and souldiers, quartered in any Towns or Boroughs, that they quit all those places upon publication thereof, or in default, and for refusal so to do, give power to the Commons of this Kingdom, to seize upon all those that shall act or do any thing, contrary to the premises, or be abettors, or maintainers, in any wise, of this Cardinal. We do pray you to assist and to ayd this City, with such provisions &illegible; we may stand in need; and with such supplies of men and other warlike necessaries, as we shal have need of; that so this great City being secured, it may prevent the total ruine of this Kingdom, which would thereupon inevitably follow; that so it may be manifest, how careful we are to preserve this City for His Majesties service, who will one day acknowledg us for his good subjects. We are

Dated in Paris, the eighteenth
of January, 1648.

Your good Friends, the men
of the Parliament of Paris.

Signed DV TILLET.

The life and death of that great warrier, the Marshal Gassion, who received a deadly wound at the &illegible; of Lens in Flanders, whereof he died at &illegible; four days after.

THe Marshal Gassion had to his Father Messire James Gassion, second President in the Parliament of Pau (which now is for the Kingdom of Navarre) who had been before Atturney General in that Parliament: And this President was also son to Messire John, Gassion, who likewise was second President in the said Parliament, having before enjoyed all other Offices in that Court successively; and his vertues and merits were so much esteemed by Henry the fourth, who knew exceeding well the difference between man and man, that the place of President of the Supream Counsel of Bearn, being voyd, and this great Prince upon some weighty considerations did bestow that place upon him, and not onely that, but by reason of his other great employments, he did suffer him to execute the place by a Deputy, and did not prefer any to that place, whereby he might receive prejudice thereby; but he quietly enjoyed it till he dyed, being some fifteen yeers after, in the 90th. yeer of his age. He was a younger brother, issued from one of the Noblest Families in Bearn; he lost one of his brothers at that famous battle &illegible; &illegible; near Paris, and another was Governor of &illegible; in the Province of Britany. But not to make so great a digression, and to come home to our Marshal, whose life being full of glory, needeth not to borrow any from his Predecessors: He had four brothers and two sisters, the eldest of them was married to Mr. d’Espalungue; a Gentleman of great worth; and the younger to Mr. &illegible; who was Governor of &illegible; and Leiutenant of Bayonne, under the Earl of Grammont &illegible; who is brother to the Marshal Grammont.

His brothers are four, and known by these several distinctions: The eldest doth execute the place of President in the said Parliament of Navarre, and Lord cheif Justice, and Government, with the title of Lord Treasurer for the Kings Revenues in Bearn, and Councellor of &illegible; in Ordinary: The second is Mr. de Pont d’ Oly, who liveth in Bearn: The third is Mr. &illegible; who after some &illegible; in the wars was made Colonel of a Regiment of Horse, and since was Field Marshal. This whom we write of, was the fourth, and the youngest, was known by the name of Abbor Gassion, and had the grant from the King, for the Bishoprick of &illegible; in Bearn, and the Abbey of &illegible; in the same Country.

This Birth, joyned with the good opinion generally received of him, chiefly in that empire, his tender age, he was of so lofty a spirit, as that he thought much to yeeld, or give place unto any, adding withal, the care his parents had for his &illegible; being brought up under those that were both capable and diligent to &illegible; him in the learning of Sciences, and other things fit for a Gentleman to &illegible; where he continued till he had attained the age of sixteen yeers, having by that time attained to a sufficient knowledg in Philosophy, and other like Sciences.

Being thus come to this period of life and learning, and being in a fit time as make choice what course of life he would imbrace, weighing on the one side the benefits, profits, and the like, which he might reap by following the study of &illegible; to which course, his parents had intended to bring him up to, and on the other side, the inconveniences which might happen to him, cheifly in that he saw the place of President was already postest by his eldest brother, thinking no place that was left which might be fit for him, he took a resolution to follow Martiall Imployments, which he easily obtained from his father, who rejoyced that some of his family should again follow that employment, which they had left formerly, to follow that law, seeing the head of their family was deceased, without male heires.

France being at that time in a quiet state, as also the neighbouring Countryes, Italie only excepted, therefore he went thither to serve the Duke of Savoy, but some differences happening between Lewis the thirteenth, and the said Duke, and the King having made an Expresse Command to all his subjects, to forsake their service, and so to returne home, by reason the said Duke did side with the house of Austria, thereupon he came into France, with &illegible; de Monster with whom he had served in those warres, and being come to the passe of &illegible; he was known among many others, to be a most couragious and vallant Gent. and though all this while he was but an ordinary Trooper, yet at last he had the place of a Corner bestowed upon him, in the Company of Captain Philips, who served in the French Army: whereupon an accomodation being made between his Majesty and the Duke of Savoy, and by that meanes those forces being to be disbanded this brave spirit, who could not remaine idle at home, did no sooner heare of the brave exploits, and great &illegible; performed by the King of Sweden, since his breaking into Germany, which was at that time the only seat of warre, that thereupon he prevailed so much with those of his Troop, that he &illegible; some twenty to goe along with him in to Germany.

Where he was no sooner come, but very fortunately he came to speake with the King of Sweden, who happened to be very near unto the place of his landing; the King being within a small distance from thence, having saluted the King, and done all things fit for a Gentleman to do, the King demanded of him in the latine tongue, which was frequent to him, as also our Gassion had not forgotten it having moreover learned the high and low Dutch tongues, together with the Spanish and Italian, so that he was soone received into the Kings favour; who was by nature of a meek and gentle disposition, ready to cherish and imbrace those whom he thought worthy of it, so that a great deale of discourse passed between them, most of it being about the affaires of France. One day among all the rest, the King demanded of him whether or no he could raise him a Troop of horse in France, to be imployed for his service which was accepted by Gassion straight wayes, and promised the King with all speed to see the same executed, and there being a French Gentleman in those parts, who promised to advance the moneys for setting out the Troop, he took that proffer, and with all speed that could be, cometh to Paris, where in six dayes he had his Troop raised, consisting of fourescore and ten men, all able lusty men, and fit for service, which he carried with him into Germany, having in his way to Hamburgh found some horses for to mount his men, according to the K. speciall command to that purpose, and a summe of money also, wherewith he repaid the money unto him that had advanced it for defraying of his men, and besides, for an acknowledgment, made him his Lieutenant.

Doe not here wonder, if a man who can use such diligence, which is a principal secret in warres hath in so short a time raised his fortunes to that height as now it is: No Reader, the diligence is that stratagem, wherewith the Roman husbandman seemed to transport, and reape the harvest which was, in the fields of his sluggish nighbours, it is that to which nothing is impossible: yet all this is but a beginning, see what followeth: being near the King of Sweden, he was observed to be so carefull, and punctual in putting in execution those Orders which were sent him from time to time, and by his valour and prudence, which were alwaies inseparable, and did never forsake &illegible; only upon occasions, the former seemed to oversway the latter, whereby he grew in great esteeme among the Swedish forces, and there did learne so pefectly the Military discipline (it being then the only schoole to attaine unto it: he was alwaies the first of his Troop on horseback, and his men the first of all the rest: so that the King asking him one day, in what part of his Army he would quarter, and under what Officer he would be, he replyed, and prayed his Majesty that he might be pleased to do him the favour, as that he might not receive any orders, or be commanded by any but his Maiesty only, which thing the King liked so well, that he granted him his request, upon that condition, that he, with his Troop should alwaies march in the head of his Army, and would be as a for &illegible; hope unto the army, the King in person going often with them, and took so good liking upon our new Captaine, that some six moneths after he made him a Colonel of a Regiment of horse, consisting of tight compleat Troops of horse, and with them he performed gallant service in the Swedish army, being present at many leaguers, pitched battles, skirmishes and encounters with the enemy, having alwayes the honour to have contributed much to the continuation of the Kings victories, and good successe he hath had in those warres.

In all which Actions he was in great danger of his life, his body being still exposed to infinite perils, and so much the rather, by reason that he being a Protestant, did really believe Predestination, being brought up from his youth in the profession of that Religion, there being a great number in Bearn, where he was born, he often repeating this sentence. All is gain unto me, whether life or death, provided it be in doing service unto God and the King. In severall sights and skirmishes &illegible; received many wounds, and among others, that Pistol-shot made at him, being but a little distant, which wounded him sore in the right slanck, of which wound being miraculously healed, and having escaped death, many like things having hapned him often, during his life; this wound, although throughly cured, yet hath opened many times since, which sometimes was a means to do him much good, preserving him from falling into sicknesse, and at other times, hath brought him into an extream danger, being even at the point of death.

He continued in the wars of Germany in the quality of a Colonel, till after that bloody day of the great battle of &illegible; where the King of Sweden did triumph on his Enemies in his death, and after he was dead; and so after his decease he &illegible; from thence with the Duke of Saxon Weymar, whom he accompanied into France, having the Command of his Regiment, which he brought with him, and had that advantage given him over all the rest of the French Forces that were then on foot; that he had the same pay as had the Colonels of Forraign Nations, which none other French Colonel had, and also had Authority to execute martial Law among the souldiers in his Regiment, without any other Judge to intermeddle therewith, and further, to confer, and give places when any were voyd, without any further Addresses to others besides himself, which thing be hath alwayes performed with great discretion and prudence, although his Regiment increasing daily, came in the end to be no lesse then eighteen hundred horse, divided in twenty companies, which made him a considerable strength; for most of the strangers that &illegible; into France to seek imployment did desire to be under him; he being so exact, and so just in bestowing of places, that thereby he procured himself the Love of all his souldiers from the highest to the lowest; He was also a strict observator of the Military discipline he had learned when he served under the King of Sweden, therefore he kept still the name of Colonel, although at that time it was only given to the Auxiliary forces that then served in France.

From that time forward, Colonel Gassion was ever in some worthy action, or design, no matter of moment passing, but he would be a &illegible; therein and every where something was said of Colonel Gassion. Being parted from the Duke of Saxon Weymar, he took service under the Marshal &illegible; la Force, who was at that time with an Army in Lottain; this was in the year 1635.

Tuesday 16. The Commons past an Act for adjourning the Term for 14 days: Another for regulating of Fees in the Navy and Custom-house, and displacing dis-affected Officers in both. They laid aside the Letter from the Scots Commissioners, because not desired by them to be communicated to the House of Commons (as usually in all former).

Wednesday 17. They referred it to &illegible; house Committee, to bring in the names to be Commissioners for Scotland. They gave thanks to the Petitioners of &illegible; &illegible; Poor, Hurst Weymouth, and &illegible; and referred their Petition.

Thursday 18. The Commons Vote to send no Answer to the Lords Message, this day sent from them, &illegible; &illegible; the Term, by their Messengers; and that the three Declaratory Votes &illegible; the power to be in the people, should not be sent to their Lordships for concurrence, but be Acts of the Commons.

Friday 19. An Ordinance was read the first time, for Delinquents to pay in the second part of their Compotition money. Sir Walter Erles placed referred.

Saturday 20. One of the Members that were to be secluded, sat this day again in the house, but I conceive it Vane to particularize him at this time. The Officers of the Army &illegible; the Agreement, and a Petition this day to the House, who gave them, his Excellency, and the whole Army hearty thanks, for all their unparalel’d services; and referred the Agreement to a Committee. They past an Act to authorize any fix of the honest Militia of London (if the Lord Major deny) to call a Common-Councel, and any fourty of them to Act without him. Impower the Commons Commissioners of the Seal, to seal Writs for adjourning the Term though the Lords joyn not therein. Name Doctor Juxon, late Bishop of London (according to His Majesties desire to Master Peters) to preach to His Majesty.

And because I see some imperfect Printed Copies of the proceedings of the Court Marshal this day come forth, to deceive the people; I have here inserted all the whole passages of that days proceedings more fully, as then delivered by the King, President, and Solicitor General.

At the High Court of Justice sitting in the great Hall of Westminster, Serjeant &illegible; President, about 70 Members present O yes made thrice, silence commanded. The President had the Sword and Mace carried before him, attended with Colonel Fox, and twenty other Officers and Gentlemen with Partizans. The Act of the Commons in Parliament for tryal of the King, read. After the Court was called, and each Member rising up, as he was called. The King came into the Court (with His hat on) and the Commissioners with theirs on also; no congratulation or motion of hats at all. The Serjeant ushered Him in with the Mace, Colonel Hacker and about 30 Officers and Gentlemen more came as His guard; the President then spake in these words, viz.

Charls Stewart, King of England.

The Commons of England assembled in Parliaments being sensible of the great calamities that have been brought upon this Nation, of the innocent blood that hath been shed in this Nation, which is referred to You, as the Author of it; and according to that duty which they owe to God to the Nation, and themselves, and according to that Fundamental power and trust that is reposed in them by the people, Have constituted this High Court of Justice, before which You are now brought; and You are to hear the Charge; upon which the Court will proceed.

Mr. Cook Solicitor General.

My Lord, in behalf of the Commons of England, and of all the people thereof: I do accuse Charls Stewart, here present, of High Treason, and High &illegible; and I do in the name of the Commons of England, desire that the Charge may be read unto Him.

King.

Hold a little, tapping the Solicitor General twice on the shoulder with his Cane, which drawing towards Him again, the head thereon fell off. He stooping for it, put it presently into His pocket. This is conceived will be very ominous.

L. President.

Sir, the Court commands the Charge to be read; if You have any thing &illegible; say after, You may be heard.

The Charge was &illegible;

The King smiled often, during the time, especially at those words therein, viz. The Charls Stewart was a Tyrant, Traytor, Murtherer, and publike Enemy of the Common-wealth.

L. President.

Sir, You have now heard Your Charge read, containing such Matter as appears in it: You finde that in the close of it, it is prayed to the Court in the behalf of all the Commons of England, that You Answer to Your Charge. The Court expects Your Answer.

King.

I would know by what power I am called hither. I was not long ago in the &illegible; of Wight; how I came hither, is a larger story then I think is fit at this time for me to speak of: But there I entered into a Treary with the two Houses of Parliament, with as much publike Faith as is possibly to be had of any people in the World. I treated there with a number of Honorable Lords and Gentlemen, and treated honestly and uprightly. I cannot say, but they did deal very nobly with Me: We were upon a Conclusion of a Treaty. Now I would know by what Authority, I mean lawful; there are many unlawful Authorities in the world, Theeves and Robbers by the High-ways: But I would know by what Authority I was brought from thence, and carried from place to place; and &illegible; I know by what lawful Authority, I shall Answer.

Remember, I am your King, your lawful King: and what sin you bring upon your heads, and the judgments of God upon this Land, think well upon it; I say think well upon it before you go further, from one sin, to a greater: Therefore let me know by what lawful Authority I am seated here, and I shall not be unwilling to Answer; in the mean time, I shall not betray my Trust. I have a Trust committed to Me by God, by old and lawful discent. I will not betray it, to Answer to a new and unlawful Authority; therefore resolve Me that, and you shall hear more of Me.

L. President.

If You had been pleased to have observed, what was hinted to You by the Court, at our first coming hither, You would have known by what Authority; which Authority requires You in the name of the people of England, of which You are elected King, to Answer them.

King.

No sir, I deny that.

L. President.

If You acknowledg not the Authority of the Court, they must proceed.

King.

I do tell you so, England was never an Elective Kingdom, but an Hereditary Kingdom, for neer a 1000 yeers; therefore let Me know by what Authority I am called hither. I do stand more for the Liberty of My people, then any here that come to be My &illegible; Judges; and therefore let me know, by what lawful Authority I am seated here, and I will answer it, otherwise I will not answer it.

L. President.

told Him, He did interogate the Court, which be seemed not One in His condition; and it was known how He had managed His Trust.

King.

Here is a Gentleman, Lieutenant Colonel Cobbet, ask him, if he did not bring Me from the Isle of Wight by force. I do not come here, as submitting to the Court, I will stand as much for the Priviledg of the House of Commons, rightly understood, as any man here whatsoever. I see no House of Lords here that may Constitute a Parliament, and (the bring to) should have been. Is this the bringing of the King to His Parliament? Is this a bringing an end to the Treaty, in the Publike Faith of the World? Let Me see a legal Authority warranted, either by the Word of God, the Scripture, or warranted by the Constitution of the Kingdom, and I will Answer.

L. President.

Sir, You have provided a Question, and have been Answered: Since You will not Answer, the Court will proceed; and those that brought You hither, take charge of Him. The Court desires to know, If this be all the Answer You will give.

King.

I desire, that you would give Me, and all the world, satisfaction in this: For let Me tell you, it is not a slight thing you are about. I am sworn to keep the Peace, by the duty I owe to God, and My Country; and I will do it, to the last breath of My body: And therefore, you shall do well to satisfie, first God, and then the Country, by what Authority you do it; if by a reserved Authority, you cannot Answer it. There is a God in Heaven that will call you, and all that give you Power, to an account Satisfie Me in that, and I will Answer; otherwise, I betray My Trust, and the Liberties of the People: And therefore think of that, and then I shall be willing. For I do vow. That it is as great a sin to withstand lawful Authority, as it is to submit to a tyrannical, or any otherways unlawful Authority: And therefore satisfie Me that, and you shall receive My Answer.

L. President.

The Court expects a final Answer, they are to adjourn till Munday. If You satisfie not Your Self, though we tell You our Authority; we are satisfied with out Authority, and it is upon Gods Authority, and the Kingdoms; and that Peace You speak of, will be kept in the doing of Justice; and that is our present work.

King.

For Answer, let Me tell you, you have shown no lawful Authority to satisfie any reasonable man.

L. President.

This is in Your apprehension, we are satisfied that are the Judges.

King.

It is not My apprehension, nor yours neither, that ought to decide it.

L. President.

The Court hath heard You, and You are to be disposed of as they have commanded.

The Court adjourned till Munday ten of clock, to the Painted Chamber, and thence hither.

As the King went away, facing the Court, the King said, I fear not that, looking upon, and meaning the Sword.

Going down from the Court, the people cryed, Justice, Justice, Justice.

Jan. 21. The Commissioners kept a Fast this day in Whitehal, there preached before them, Mr. Sprig, whose Text was, He that sheds blood, by man shall his blood be shed. Mr. &illegible; was, Judg not, left you be judged. And Mr. Peters was, I will &illegible; their Kings in &illegible; and their Nobles in &illegible; of iron. The last Sermon made amends for the two former.

Munday 22. After the King was brought into the Court, about 80 Commissioners being sat, Mr. Cook the Solicitor General, address himself to the Lord President.

Mr. Cook.

May it please your Lordship, I did at the last Court, in the name of the Commons of England, exhibite and bring into this Court, a Charge of High Treason against the Prisoner at the Bar, in the name of the Commons of England; the Charge was read to Him, and His Answer required. My Lord, He was not then pleased to give an Answer; but instead of answering thereof, disputed the Authority of this High Court. My humble motion is, That the Prisoner may be directed to make a positive Answer, by Confession, or Negation; which if He do refuse to do, the matter of Charge is to be taken pro confesso, and He proceeded against accordingly.

L. President.

You was told the occasion of Your coming hither: You heard likewise, that You were in the name of the Commons of England, to give Answer to the said Charge; that thereupon, such proceedings may be had according to Reason and Justice, You then made some scruples, concerning the Authority of this Court, and knew not by what Authority You came hither. You propounded Your Questions, and was as often answered; since that, the Court hath considered thereof, and are fully satisfied with their own Authority, and did require, That You should Answer, and that You either confess, or deny it: Their Authority, they will maintain it, and the whole Kingdom will be satisfied with it; and You are not to lose more time, but to give a positive Answer to it.

King.

My Lord, when I was here last, I made that question, and truly if it was my own particular case, I should have satisfied my self all that time, but it is not my case &illegible; &illegible; people of England, and their freedoms and liberties being included therein, pretend &illegible; you will; for if power without Laws may make Laws, the fundamentall Laws of this Kingdom may be soon altered, and I know not what Subject of England can enjoy his own by law and right, therefore I cannot answer at this time, without satisfaction of the legality of this Court.

L. President.

Sir, I must interrupt you, which I would not do, but, that what you do, is not agreeable to the proceedings of any Court of justice, seeing you question the legality of the proceedings of this Court, though you be charged as a high delinquent; if you take upon you to dispute the authority of the Court, we may not do it, nor will any Court give way unto it, you are to submit unto it, you are to give a punctuall answer, what you will do, whether you will answer, or no.

King.

Sir, by your favour, I do not understand your terms of Law, though I understand as much Law as any Gentleman in England, and if I should impose a belief without reason, it were unreasenable; but I must tell you, that that reason that I have, as thus informed I cannot yield unto it.

L. President.

Sir, I must again interrupt you, you may not be permitted, you speak of Law and Reason, and there is both law and Reason against you; and the Votes of the Commons of England are the Law and Reason of the Nation, and according to which you should have ruled and raigned.

The Lord President pressing His Majesty for a positive Answer. He evaded it; at which, the Lord President commanded the Serjeant at Arms, to take away the Prisoner, adjourning the Court till to morrow.

I should have given you all the proceedings at large, but had not room to insert it.

The Commissioners after the rising of the Court, adjourned to the Painted Chamber, where they sat in Councel some hours, and appointed a Committee to meet at eight of clock to morrow morning, at Sir Abesham Williams house, to consider what may be sit to do further in relation to this Negative Answer of the Prisoner.

Pontesract Ian 20 By this Post is sent to his Excellency and General Counsel, a Letter, Congratulating their happy proceedings, wherein was likewise the Concurrence of the Officers of the Militia Regiments at this Leaguer, who (I believe) will shortly make a fuller manifestation of their Concurrence with the rest of the Army in this great and necessary work of the Kingdom. The Major Gen. is still upon disbanding the Forces late before Scarborough and not returned hither. We are with our approaches come very neer the wais of the Castle, so that the enemy do prejudice us with stones, and now and then kils us a man, few recover that are wounded.

Bristol.

Sir,

The multiplicity of Cavaliers in this place, gives us much cause of Jealousie and fear to the Wel-Affected, and the rather, because no course is taken for their apprehension, or withdrawing hence. The fair is the next week: two hundred Venetian souldiers quarter by us; the Officers are so moved to the head quarters, the garrison out of order, and what their rage may attempt, who knows; Col. &illegible; hath sent over one from Ireland, who is come to St. &illegible; to view the Country, what forces are in it, and where is must conveniency of landing, which they will attempt upon his return. We expected the Regiment designed for this place; if we be not circumspect in this juncture of time, we may be snaps.

Westminster Ian. 22. The Parliament received this day an angry and brid &illegible; from the Scots Commissioners, and being rightly directed, was read. They finde themselves much &illegible; in Trying their &illegible; for high Treason, and &illegible; and some &illegible; and &illegible; expressions dropt from &illegible; &illegible; the &illegible; A Committee (upon Debace thereof) was appointed to draw upon Answer to the &illegible; Message, who will give them as civil and High an Answer, as their Address was Bold, Insolent, and &illegible;

London, Printed for R. W.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

From Tuesday January 23. to Tuesday January 30. 1649.

THe Blood of the Innocent, cryes for the Blood of the Nocent, and Justice now giving attension, pronounces Sentence answerable to the Treason, God being no respecter of persons: The Law likewise admits of no Exceptions; which if It should, yet ought not to be obeyed, as partial and unjust. Upon this ground, certain Images of Judges in Athens were erected, and pourtrayed, without hands or eyes; intimating, That Justice should be neither corrupted with Bribes, nor partial in Sentence to any Personage, of what quality soever. This made Augustine to say. That Kings were in accusation the worst of Creatures, because they once had power to do more good then any, and perchance all others: Notwithstanding, we now see Fools weep, when Traytors are condemned, as pittying the fall of Honor: But I say, Let the High Praises of God be in the Mouth of all his Saints, and a two-edged Sword in their hand, to execute vengeance upon the Heathen, and punishments upon the People. To binds their Kings with chains, and their Novles with setters of iron, and to execute upon them the judgments written; For this honor have all the Saints.

A Warrant was concluded on by the Army, to be sent to all the Regiments thereof, which take at large.

YOur are upon sight hereof, to give strict Command to the severall Companies of your Regiment, in, or about London, That the Officers do keep close to their Charges, and the Souldiers to their Duties respectively; And that none of the Officers, or Souldiers, do come to Westminster Hall, or any the Courts adjoyning thereto, until the Tryal of the King be fully finished, save at, and for such time as they shall by Order be upon duty there, under pain, That every Officer so offending, contrary hereunto, shall lose his place; and every Souldier so offending, shall be otherwise severely punished by a Councel of War. And every Officer in his place, is carefully to see to the observance hereof, as he will answer the neglect at his peril. Notwithstanding any thing in the late Orders, for the putting out of new men entertained, since their coming to London; you may retain so many of them, as to make up your Regiment to the establishment (viz. 800. men, besides Officers) if it were not so many at your coming to the Town.

Given under my hand and Seal in Queen-street, the 21 day of January. 1648.

T. Fairfax.

The like Order to all the several Regiments of Horse and Foot.

Reader, not having room in the last to give thee all the proceedings of the High Court of Justice, take them as followeth.

The King.

I do not know how a King can be a Delinquent by any Law that &illegible; I heard of, all men (Delinquents, or what you will,) let me tell you, they may &illegible; in demurrers against any proceeding as legal; and I do demand that, and demand to be heard with my Reasons; if you deny that, you deny Reason.

Lord President.

Sir, you have offered something to the Court, I shall speak something unto You, the sence of the Court. Sir, neither You nor any man &illegible; permitted to dispute that point, You are concluded; You may not demur the Iurisdiction of the Court, if You do, I must let You know, That they over-rule Your Demurrer; they sit here by the Authority of the Commons of England, and all Your Predecessors, and You are responsible to them.

The King.

I deny that, shew me one president.

Lord President.

Sir, You ought not to interrupt while the Court is speaking to You. This point is not to be debated by You, neither will the Court permit You to do it, if you offer it by way of Demurrer to the jurisdiction of the Court; they have considered of their Jurisdiction, they do affirm their own jurisdiction.

The King.

I say Sir, by your favor, that the Commons of England was never a Court of Judicature, I would know how they came to be so.

Lord President.

Sir, You are not to be permitted to go on in that Speech, and these Discourses.

Then the Clerk of the Court read as followeth.

Charls Stuart, King of England, You have been accused on the behalf of the &illegible; of England, of High Treason, and other High &illegible; the Court have determined &illegible; You ought to answer the same.

The King.

I will answer the same so soon as I know by what authority you do this.

Lord President.

If this be all that You will say, then &illegible; you that brought the prisoner hither, take charge of Him back again.

The King.

I do require, that I may give in my Reasons, why I do not answer, and give me time for that.

Lord President.

Sir, ’Tis not for prisoners to require.

The King.

Prisoners? Sir, I am not an ordinary prisoner.

Lord President.

The Court hath considered of their jurisdiction, and they have already affirmed their jurisdiction; if You will not answer, we shall give order to record Your default.

The King.

You never heard my Reason yet.

Lord President.

Sir, Your Reasons are not to be heard against the highest Jurisdiction.

The King.

Shew me that Jurisdiction, where Reason is not to be heard.

Lord President.

Sir, We shew it You here, the Commons of England; and the next time You are brought, You will know more of the pleasure of the Court; and it may be, their final determination.

The King.

Shew me where ever the House of Commons was a Court of Judicature of that kinde.

Lord President.

Sergeant, Take away the prisoner.

The King.

Well Sir, Remember that the King is not suffered to give in His Reasons for the Liberty and Freedom of all His Subjects.

Lord President.

Sir, You are not to have liberty to use this language: How great a friend You have been to the Laws and Liberties of the people, let all England, and the world judg.

The King.

Sir, under favor, it was the Liberty, Freedom, and Laws of the Subject that ever I took——defended my Self with Arms. I never took up Arms against the People, but for the Laws.

Lord President.

The Command of the Court must be obeyed; no answer will be given to the Charge.

The King.

Well Sir.

And so was guarded forth to Sir Robert Cottons house.

Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock, and from thence they intend to adjourn to Westminster Hall; at which time, all persons concerned, are to give their attendance.

At the High Court of Justice sitting in Westminster Hall, Tuesday, Jan. 23. 1648.

O Yes made. Silence Commanded. The Court called. Seventy three persons present.

The King comes in with His Guard, looks with an austeer countenance upon the Court, and sits down.

The second O Yes made, and silence Commanded.

Mr. Cook Solicitor General. May it please your Lordship, my Lord President.

This is now the third time, that by the great grace and favor of this High Corut, the prisoner hath been brought to the Bar, before any issue joyned in the Cause. My Lord, I did at the first Court exhibit a Charge against Him, containing the Highest Treason that ever was wrought upon the Theatre of England, That a King of England, Trusted to keep the Law, that had taken an Oath so to do, that had Tribute paid Him for that end, should be guilty of a wicked Design, Subvert and destroy our Laws, and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority, set up his Standard for VVar against his Parliament and people; and I did humbly pray, in the behalf of the people of England, that he might speedily be required to make an Answer to the Charge.

But my Lord, instead of making any Answer, He did then dispute the Authority of this High Court; your Lordship was pleased to give him a further day to consider, and to put in your Answer, which day being yesterday, I did humbly move, that he might be required to give a direct and positive Answer, either by denying, or confession of it; but (my Lord) He was then pleased to demur, to the Jurisdiction of the Court, which the Court did then over-rule, and Command him to give a direct and positive Answer. My Lord besides this great delay of Justice, I shall now humbly move your Lordship for speedy Judgment against him. My Lord, I might presse your Lordship upon the whole, that according to the known Rules of the Law of the Land, That if a prisoner shall stand as contumacious in contempt, and shall not put in an issuable plea, guilty or not guilty of the Charge given against him, whereby he may come to a fair Trial; That as by an implicite Confession, it may be taken pro confesso, as it hath been done to those, who have deserved more favor then the prisoner at the Bar hath: But besides, my Lord, I shall humbly press your Lordship upon the whole Fact: The House of Commons, the supream Authority and Jurisdiction of the Kingdom, they have declared that it is notorious, That the matter of the Charge is true, as it is in truth (my Lord) as clear as chrystal, and as the Sun that shines at noon day, which if your Lordship and the Court be not satisfied in, I have notwithstanding, on the people of Englands behalf several witnesses to produce; and therefore I do humbly pray, and yet I must confess it is not so much I, as the innocent blood that hath been shed, the cry whereof is very great for Justice and Judgment; and therefore I do humbly pray, that speedy Judgement be pronounced against the prisoner at the Bar.

Lord President, Sir, You have heard what is moved by the Councel on the behalf of the Kingdom against you. Sir, you may well remember, and if you do not, the Court cannot forget what delaroty dealings the Court hath found as your hands; you were pleased to propound some questions, you have had your Resolution upon them. You were told over and over again. That the Court did affirm their own Iurisdiction, that it was not for &illegible; nor any other man, to dispute the Iurisdiction of the supream and highest Authority of England, from which there is no Appeal, and touching which there must be no dispute; yet you did persist in such carriage, as You gave no manner of obedience, nor did You acknowledge any Authority in them, nor the high Court, that constituted this Court of Iustice.

Sir, I must let You know from the Court, that they are very sensible of these delayes of Yours, and that they ought nor, being thus Authorized by the supream Court of England, be thus tristed withal, & that they might in Iustice, if they pleased, and according to the Rules of Iustice, take advantage of these delayes, and proceed to pronounce Iudgement against you, yet neverthelesse, they are pleased to give direction and on their behalfs, I do require you, That You make a positive Answer unto this Charge that is against You Sir, in plain terms, for Iustice knows no respect of persons; You are to give your positive and final Answer in plain English, whether you be guilty or not guilty of these Treasons laid to Your Charge.

The King after a little pause, said,

VVhen I was here yesterday, I did desire to speak for the Liberties of the people of England, I was interrupted: I desire to know yet whether I may speak freely or not?

Lord President. Sir, You have had the Resolution of the Court upon the like Question the last day, and You were told. That having such Charge of so high a nature against You, and Your work was, That you ought to acknowledg the Jurisdiction of the Court, and to answer to Your Charge. Sir, If You answer to Your Charge, which the Court gives You leave now to do, though they might have taken the advantage of Your contempt; yet if You be able to answer to Your Charge, when You have once answered, You shall be heard at large, make the best Defence You can. But Sir, I must let You know from the Court, as their commands, That You are not to be permitted to issue out into any other Discourses, till such time as You have given a positive answer concerning the matter that is charged upon You.

The King. For the Charge, I value it not a rush, it is the Liberty of the People of England that I stand for; for Me to acknowledg a new Court that I never heard of before, I that am Your King, that should be an example to all the people of England, for to uphold Justice, to maintain the old Laws; indeed I do not know how to do it: You spoke very well the first day that I came here. (on Saturday) of the Obligations that I had laid upon Me by God, to the maintenance of the Liberties of my People: the same Obligation You spake of, I do acknowledg to God that I owe to him, and to My people, to defend as much as in &illegible; the ancient Laws of the Kingdom; therefore until that I may know that this is not against the Fundamental Laws of the Kingdom, by your favor, I can put in no particular Charge [This is as the King expressed, but I suppose. He meant Answer.] If you will give Me time, I will shew you My Reasons why I cannot do it, and this——

Here being interrupted, He said,

By your favor, you ought not to interrupt Me: How I came here I know not; there is no Law for it to make your King your Prisoner. I was in a Treaty upon the Publike Faith of the Kingdom, that was the known——two Houses of Parliament, that was the Representative of the Kingdom; and when that I had almost made an end of the &illegible; then I was hurried away, and brought hither, and therefore——————————

Here the Lord President said, Sir, You must know the pleasure of the Court.

The King.

By your favor Sir.

Lord President.

Nay Sir, by Your favor, You may not be permitted to fall into those Discourses: You appear as a Delinquent, You have not acknowledged the Authority of the Court, the Court craves it not of You; but once more they command You to give Your positive Answer——— Clark, Do your duty.

The King.

Duty Sir! The Clerk reads.

Charls Stuart,

King of England, You are accused in the behalf of the Commons of England of divers High Crimes and Treasons, which Charge hath been read unto Yea the Court now requires You to give Your positive and final answer by way of confession or denied of the Charge.

The King.

Sir, I say again to you, so that I might give satisfaction to the People of England, of the cleerness of my proceeding, not by way of answer, not in this way, but to satisfie them that I have done nothing against that Trust that hath been committed to Me, I would do it; but to acknowledg a new Court, against their Priviledges, to alter the Fundamental Laws of the Kingdom, Sir, you must excuse Me.

Lord President.

Sir, this is the third time that You have publikely disowned this Court, and put an affront upon it: how far You have preserved Priviledges of the People, Your actions have spoke it. But truly Sir, mens intentions ought to be known by their actions; You have written Your meaning in bloody Characters throughout the whole Kingdom: But Sir, You understand the pleasure of the Court,—Clerk, Record the default,——and Gentlemen, you that took charge of the Prisoner, take Him back again.

The King.

I will onely say this one word more to you, If it were onely my own particular, I would not say any more, nor interrupt you.

Lord President.

Sir, You have heard the pleasure of the Court, and You are (notwithstanding You will not understand it) to finde that You are before a Court of Justice.

Then the King went forth with His Guard, and Proclamation was made, That all persons which had then appeared, and had further to do at the Court, might depart into the Painted Chamber; to which place, the Court did forthwith adjourn, and intended to meet in Westminster Half by ten of the Clock next morning.

&illegible;

God bless the Kingdom of England.

Wednesday, January 24. 1648.

THis day it was expected the High Court of Iustice would have not in Westminster Hall, about ten of the clock; but at the time appointed, one of the Ushers by direction of the Court (then sitting in the Painted Chamber) gave &illegible; to the people there assembled, That in regard the Court was then upon the Examination of Witnesses, in relation to present Affairs in the Painted Chamber, they could not sit there; but all persons appointed to be there, were to appear upon further Summons.

The Charge of the Commons of England against Charls Stuart, King of England, of High Treason, and other High Crimes, exhibited to the High Court of Justice, Saturday. Jan. 20. 1648.

The Court being sat, and the Prisoner at the Bar, Mr. Cook, Solicitor General spoke thus; My Lord, In behalfe of the Commons of England, and of all the people thereof, I do accuse Charls Stuart, here present of High Treason, and High Misdemeanors: And I do, in the name of the Commons of England, desire the Charge may be read unto Him, which the Clerk then read as followeth;

THat the said Charls Stuart, being admitted King of England, and therein trusted with a limited Power, to Govern by, and according to the Laws of the Land, and not otherwise; And by his Trust, Oath, and Office, being obliged to use the power committed to Him, for the good and benefit of the People, and for the preservation of their Rights and Liberties; Yet nevertheless, out of a wicked Design, to erect and uphold in himself an unlimited, and Tyrannical power, to rule according to His Will, and to overthrow the Rights and Liberties of the people, yea, to take away, and make void the foundations thereof, and of all redresse, and remedy of mis-government, which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf, in the right and power of frequent and successive Parliaments, or National meetings in Councel; He, the said Charls Stuart, for accomplishment of such his Designs, and for the protecting of Himself, and His adherents, in His and Their wicked Practises to the same ends, hath Trayterously, and maliciously levied war against the present Parliament, and the people therein represented.

Particularly upon or about the 30. day of June, in the year of our Lord, 1642. At Beverly, in the County of York; and upon, or about the 30 day of July, in the year aforesaid, in the County of the City of York; And upon or about the 24 day of August, in the same year in the County of the Town of Nottingham, (when, and where he set up His Standard of War;) And also on, or about the 23 day of October in the same year, at Edg. Hill and &illegible; field, in the County of Warwick; And upon, or about the 20 day of November, in the same year, at &illegible; &illegible; in the County of middlesex; And upon, or about the 30 day of August in the year of our Lord, 1643. at &illegible; bridg neer Reding, in the County of Books; And upon, or about the 30 day of October, in the year last mentioned, &illegible; or &illegible; the City of Glocester; And upon, or about the 30 day of November, in the yeer &illegible; mentioned, at blewbery in the County of Berks; And upon, or about the &illegible; day of Iuly, in the year of our Lord, 1644. at &illegible; bridg, in the County of Oxon; And upon, or about the 30 day of September, in the year last mentioned at Bodmin and other places near adjacent, in the &illegible; of &illegible; And upon, or about the 30 day of November, in the yeer last mentioned, at Newbery aforesaid; And upon or about the 8 day of June, in the yeer of our Lord, 1645. at the Town of Lekester, And also upon the fourteenth day of the same mounth, in the same yeer, as &illegible;-field, in the County of Northampton. At which several times and places or most of them, and at many other places in this Land, it several other times within the years afore mentioned; And in the yeer of our Lord, 1646. He, the said Charls Stuart, hath caused and procured many &illegible; of the free people of the Nation to be slain, and by Divisions, Parties, and Insurrections within this Land, by invasions from forraign parts, endeavored, and procured by Him, and by many other evil wayes and means. He, the said Charls Stuart, hath dot only maintained, and carried on the said war, both by Land and Sea, during the years before mentioned; but also hath renewed, or caused obe renewed, the said war against the Parliament, and good people of this Nation, in this present year, 1648. in the Counties of Kent, &illegible; Surrey, Suffex, Middlesex, and many other Counties and places in England and Wales, and also by sea; And particularly, He, the said Charls Sauart, hath for that purpose, given Commissions to his son, the Prince, and others; whereby, besides multitudes of other persons, many such, as were by the Parliament entrusted, and imployed, for the safety of the Nation; being by Him or His Agents, corrupted, to the betraying of their Trust and revolting from the Parliament, have had entertainment and Commission, for the continuing, and renewing of war and Hostility against the said Parliament and People as aforesaid. By which cruel and unnatural war: by Him, the said Charls Stuart, levyed, continued, and renewed as aforesaid, much innocent blood of the Free people of this Nation hath been spilt; many families have been undone, the Publike Treasury wasted, and exhausted, Trade obstructed, and miserably decayed; vast expence, and dammage to the Nation incurred, and many parts of the Land spoiled, some of them even to desolation.

And for further prosecution of His said evil designs, He, the said Charls Stuart, doth &illegible; continue his Commissions to the said Prince, and other Rebels and Revolters, both English and Forraigners, and to the Earl of Ormond, and to the Irish Rebels and Revolters associated with him; from whom further invasions upon this Land are threatned, upon the procurement, and on the behalf of the said Charls Stuart.

All which wicked Designs, wars, and evil practises of Him, the said Charls Stuart, have been, and are carried on, for the advancing, and upholding of the personal Interest of will and Power, and pretended Prerogative to Himself, and His family, against the publick Interest, Common Right, Liberty, Justice, and Peace of the People of this Nation, by, and for whom he was intrusted, as aforesaid.

By all which it appeareth, that He the said Charls Stuart hath been, and is the Occasioner, Author and Contriver, of the said Unnatural, Cruel, and bloody wars and therein guilty of all the Treasons, Murthers, Rapines, Burnings, Spoils, Desolutions Damage, and Mischief to this Nation, acted or committed in the said wars, or occasioned thereby.

And the said Iohn Cook, by Protestation (saving on the behalf of the People of England, the liberty of Exhibiting at any time hereafter any other Charge against the said Charls Stuart, and also of replying to the Answers which the said Charls Stuarts shall make to the Premises, or any of them, or any other Charge that shall be so exhibited) doth, for the said Treasons and Crimes, on the behalf of the said people of England, &illegible; the said Charls Stuarts as a Tyrant, Traytor, Murtherer, and a publick and implecable enemy to the Common-wealth of England: And pray, That the said Charls Stuart, King of England, may be put to Answer All, and &illegible; the &illegible; That such Proceedings, Examinations, Trials, Sentence, and &illegible; &illegible; may be &illegible; upon &illegible; &illegible; shall be agreeable to Iustice.

Westminster. 26. The Parliament past an Ordinance for altering the proceedings in Courts of Justice, &c. the Form of &illegible; and other process; and Voted, that &illegible; &illegible; &illegible; Dei gratia Angliæ, Scotiæ, &c. this should be incurred, viz. &illegible; &illegible; &illegible; And instead of Contra Coronam & &illegible; Regis, those words should be used, viz. &illegible; publicans, &c. This Ordinance was twice send and committed. A Member of the house was commanded this day to withdraw; for delivering his private opinion in Argument with another Member, concerning a Spiritual Subject; upon which they were &illegible; debating. 27. A Declaration of Act was referred to a Comittee to be drawn against Monday morning. That it should be High Treason in any &illegible; proclaim Pr. Charls, or any other person or persons, King of England, without the Consent and Approbation of the present Parliament of England. And none under pain of Imprisonment, and other punishments, shall Preach, Pray, Speak, Write, or Print any thing against the present proceedings of the Parliament of England. The King desired that Doctor Juxon might be private with Him, which was granted by the Parliament.

The High Court being safe, the Lord President, who was in a Scarlet vestone, &illegible; the businesse of the day, and after him 67 Members more answeres to their names; after she calling of the Court, the King came in his wonted posture (with his Hat on) a cry was made in the Hall (as he possed) for Justice and Execution: upon the Kings coming, he desired to be heard; the Lord President answered, he must hear the Court first; after which the Lord President set forth the intentions of the Court to proceed against the Prisoner, and withal offered, that the King might speak, so it were not matter of Debate. The King desired, That (in regard he had something to say for the Peace of the Kingdom, and the liberty of the Subject,) before sentence were given, he might be heard before the Lords and Commons in the &illegible; Chamber; hereupon the Court withdrew into the Court of Wards, and the King to Sir Robert Cottons house; after about half an hours debate, the Court returned from the Court of Wards with this resolution, That what the King had rendered tended to delay, yet if he would speak any thing for himself in Court before &illegible; he might be heard; The King declaring he had nothing to say; The Lord President made a large Speech, setting forth the Kings mis-government, and proving by Law, now Kings were accountable to their people, and the Law, which was their superior, and produced several instances of Kings being deposed, and imprisoned by their Subjects &illegible; in his own native Kingdom of Scotland, &illegible; of 109 Kings, most were deposed imprisoned, or procceded against for misgovernment, and his own &illegible; &illegible; removed, and his Father an infant Crowned. After this, the Clerk was commanded to &illegible; the &illegible; which recited the Charge, and the severall Crimes of which he had been found &illegible; &illegible; you had the particulars before. For all &illegible; Treasons &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; That be he said Charls Stuart, as a Tyrant, Traytor, &illegible; &illegible; &illegible; &illegible; &illegible; be put to death, by severing of his &illegible; from his &illegible; The King then desired to be heard, but a being after sentence, it would not be admitted. That &illegible; &illegible; &illegible; &illegible; the 29 day of &illegible; are but an abstract of what was then &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; an exact Copy of all by the latter end of this week, &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; which will be by speciall and superior order of &illegible; &illegible; &illegible; &illegible; &illegible; that Copy the People of this Nation, and of all others in the world, &illegible; &illegible; &illegible; &illegible; &illegible; and no other, as the perfect and true Copy, for their full jurisdiction, &illegible; &illegible; &illegible; so published, being for present satisfaction, and prevention of &illegible; &illegible; &illegible; &illegible; not as an authentique Copy of the whole proceedings.

&illegible; Ian. 27. &illegible; I finde the Irish &illegible; here (that seek constantly after mischief) have been very bold this last week, some of the &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; took &illegible; of considerable number and &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; with them, which, with the &illegible; &illegible; joyned with them, &illegible; &illegible; (&illegible; &illegible; &illegible; &illegible;) will make a great Navy, whereby the ships from all parts will be taken, and they enabled thereby to mannage war against us in that Kingdom. The people &illegible; here under great dangers, being very obnoxious to mischief, and fit to serve the design of enemies; the welfare of the West depending much upon the preservation of this place. Col. &illegible; came to this City yesterday, upon what account, we know not, but have too much Cause to suspect, since two hundred souldiers under Lieutenant Colonel Pitman, upon pretence of Venetian service, quartered at our doors, who being examined, hath nothing but a Passe, (which we conceive forged) upon which he is secured, his men removed and Order taking for some of Major &illegible; Troop (which is now in the City to disperse them;) here hath been South-East from us two or three nights together, in the &illegible; great Fire lights, continuing a long time together, much people admiring it, and giving many interpretations thereof.

28. The Dutch Ambassadors made their Application and Address this day to his Excellency, the Lieutenant General, and many other Field Officers of the Army. They delivered themselves &illegible; in Dutch, and afterwards in French; in which tongue, and in the English, his Excellency gave his response to them, sometimes by himself, and sometimes by another in Dutch. The Officers coming in the time of their Address, the Ambassadors desired to know, whether they should proceed, and deliver the remainder of their Embassie, or that they should begin again; the Officers desired that they would be pleased to repeat what they had before delivered, and so proceed, which they did accordingly. The substance of their Message was, to desire, That Union and Affection may be preserved between this Nation and the Estates of Holland, for which purpose they were sent hither; and likewise, to present some Propositions and Desires to the &illegible; of England; which if inclined to, they doubt not, but it will tend much to the Peace and happiness of this Nations and that the Army would please to intercede to the Parliament, in relation to this business. His Excellency and Officers &illegible; themselves. That they took it for a great honor and high savor from the Estates of Holland, to &illegible; any notice, or make Application to them, as Souldiers and Servants to the Parliament and Kingdom; and that so much as lay in their power, they should endevor to preserve the Union and Peace between this Kingdom, and the Estates of Holland. That in prosecution of their further Applications and Desires to the Parliament of England, and during their abode here, they should not receive any interruption or molestation by the Souldiery, but should rather be protected and served by them. And as to their desire of intercoding to the Parliament, it was not a work proper for the Army, being servants to the Parliament and Kingdom; neither did they ever do it upon any occasion whatsoever: but wherein they might be serviceable to them as Souldiers, they should finde them ready and willing, to the utmost of their power. The Ambassadors replyed, That they acknowledged the wisdom, care, and goodness of his Excellency, and the Army, in what had been said; and so took leave of them.

The high Court of Justice kept a Fast this day at Whitehal, and heard three Sermons preached to them. His Majesty heard Doctor Juxon preach in His Chamber, and had the most part, if not all of the Common-Prayer read unto Him. A plentiful dinner coming up, He gave order that He would have but one dish of meat brought to His Table; which command was observed accordingly. His Majesty this day desired a Transcript of the Proceedings at the high Court yesterday, which was likewise granted. He continued in Whitehall, till about five of the clock this Evening, and then orders came for removing of Him to St. James, where He lay all night.

From Harwich.

A Letter came this day to this purpose, that they acknowledged the great mercies of God, in following his, and his peoples enemies, with such seasonable Judgments, which they found unexpectedly blown upon them, in driving two more of the revolted Ships by &illegible; upon their coasts; one whereof with six Guns was last upon the Sands, and the either of a greater bulk, forced in to their harbor; which with the other three forced in at &illegible; will much diminish and weaken their whole and small number of thirteen; whereby we conceive, if a reasonable Fleet was speedily set our, they might with Gods blessing, be soon able to sink or secure the rest, who do much hurt to small vessels, because they receive no opposition.

Two Letters came the last week from Prince Charls, the one directed to the Parliament, and the other to his Excellency: That to his Excellency was sent to the House, without being opened. Neither of them are yet opened or reported.

&illegible; Jan. 28

Sir,

It much rejoyces me, that you go on with such resolution and undaunted courage; this will make the great ones make, and all their confederates to tremble, while they behold that &illegible; and spirit you maintain in contesting against their Head, or rather Idol of all their practises, and designements. I hope you will bring that work to an happy and long looked &illegible; period. ’Twill be very good to hasten; we know not what a day may bring forth by the Princes Letter, address of the new Ambassadors, and Malignants interceding for his life; and how far Gods judgments may be satisfied with the innocent blood of three hundred thousand souls if they should incline to mercy (or rather cruclty) in saving his life; and he thereby may hazard a continual War, and consequently distruction to this Nation (if Sentence remitted) I leave it to any rational, and unbyassed man to judg. Besides, if they take not away his life upon committing this Treason, Murther, Rapine, Spoyl, Desolation, &c. How shall any offender hereafter (though never so high, he the highest of all) be answerable to the Law for life; and if any be, we must declare the Judges too partial, respecters of persons and therefore unjust; the Law admitting of no exemption of King, Lord, or any other persons whatsoever, in case of Murther, Treason, &c. Surely out enemies are not idle. There are such passages abroad, that I know not what to think, or judg of. What means Sir John Winters coming hither, and to his own house in the Forest of Dean. The honest party cannot construe the mystery of such things, especially at this time, and upon such a juncture as this is, to have such liberty and indulgence. What riddle &illegible; there in Colonel Birches repair to Bristol in this time of their unsetledness, and unarmedness. Its necessary to look about us, and pry into every corner; for surely, mens heads are &illegible; to bring forth something, which may be a stop unto these gallant proceedings of Parliament and Army.

Froom in Somersetshire.

Sir,

We finde better what pinches and offends us, then any other whatsoever: the burthens upon us are many, and indeed intolerable. The people of this Town rose up against the Excise men, and Souldiers that were come with them, to assist them in the levying thereof; and indeed, they were not the scum and Malignants of the Town, but such as have faithfully served the Parliament and Kingdom, and sought for their, and our own Freedoms; and therefore we are unwilling to submit to any slavery seeing that there is Bishops Lands, Dean and Chapters, and Forests Lands, and exempted Delinquents estates; which if all sold, with the Kings, Queens, and Princes revenue, and many other ways, which may be found out, would be sufficient to maintain the Army, and to pay the publike debts of the Kingdom, without burthening the people with any unnecessary and unreasonable Taxes. One man is killed in this Insurrection, and many others wounded. A Lieutenant Colonel, who pretended an Order from —— to carry men to Venice, is taken at Bristol and secured, and there is an Order given out for dispersing of his men.

Edinburgh. 16. Jan.

Sir,

The Kirk and Parliament here are very realous in prosecuting the end of the Covenant, as well against Malignants as Sectaries; they much dislike the proceedings of the Parliament against the King, and the Ministers Preach and Pray, That as God hath brought down the Malignants, so he would bring down the Sectaries: They say they are &illegible; by their Covenant to preserve Monarchy, and that in the race of the present King. Their Parliament have passed several Votes. 1. That those that have been in the late Engagement against England, shall not bear any Office, as long as they live, except such of them as were under age, and shall manifest their repentance. 2. Such as sat in Committees, and took their oathes, shall not bear Office for ten yeers. 3. Such as never evidented their dislike of their way by Petitioning, shall not bear Office for five yeers. 4. Such as are prophane swearers, drunkards, lascivious persons; and such as do not worship God in their private houses, are not to be admitted to any place of Trust, while such. The poor Rogues that went naked for England, do stand in white-sheets in their publike Congregations, doing penance for that great offence.

Dartmouth. 26. Jan.

Sir,

We had the other day a fight of Prince Rupert, with about fourteen revolted Ships sayling by our Coast, and bending towards Ireland: They drive the whole Channel before them, and seize upon many small Vessels, but one of great value, laden with Cloath, worth at least 50000 l. We apprehend a great neglect in not having any Navy abroad. One of this Fleet was driven in here the twenty sixth, where she now remains. The Master reports, that the Fleet is very poorly victualled, and worse manned, having not 400 Marriners amongst them.

Whitehall, 29. Jan.

Scaffolds are this day building, and will be all night, in order to the Kings Execution. His Majesty burnt all His Papers this day, and His several Clavises to the private Letters sent in Characters to Him, which done, His Majesty and Doctor Juxon did much rejoyce. Sir Lewis &illegible; kept a day of Humiliation, doubting his turn will be next. Lieutenant Colonel &illegible; whom he desired to be exchanged for, is not in France (as he suggested) but safe at &illegible; and if he make any reasonable haste, may come to see, Sir &illegible; his execution. The King’s Children came this day to Him; and the late dead, but now alive Lady Elizabeth, amongst the rest.

Westminster. The Parliament fate this day early, one of the late secluded Members comming this day into the house, occasioned them to consider of that businesse, upon which they voted, that such Members as voted the fifth of Decemb. last, That the Kings Concessions were a ground of setling a peace in this Nation should not be re-admitted, but &illegible; to sit any longer Members for future. They considered of the Frigot come into Dartmouth, and vote, that she be imployed in the service of the next Fleet, and gratuities to be given to the Marriners. The Dutch Ambassadors had their audience in the house, they read their instructions, and Letters of credence in French, but had no copies thereof in English (as is usuall) but said, Copies should be prepared against to morrow morning. Their desire was to intercede for the Kings life, and to keep and preserve a fair correspondency between his Nation and the Estates of Holland, but having no transcripts ready, and being unwilling to leave the originall, the house at that &illegible; could not proceed in debate thereof. The Commissioners of the high Court met this day, and voted, that the place Execution Should be over against the &illegible; house of White-Hall where (its observed) the Kings party (the day the Citizens came down to cry for iustice against Strafford) killed one or the Citizens, and wounded many, being the first blood split in this quarrell The time was agreed upon, to be between the hours of ten in the morning, and three in the afternoon. The Commissioners signed and sealed to a warrant for his Execution accordingly.

London, Printed for R. W.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

From Tuesday January 30. to Tuesday February 6. 1649.

NOt death, but the cause, makes a Martyr; and who can be more unfortunate, then he that is most wicked? A sinful life is the death of the soul, and as Plato sayes, The infamy of a Tyrant is immortal: Shall not such as climb up publike and highest sins, fall in open and lowest shame? and those that cover to swim in the blood of Saints, sinke in the gulf of Gods eternal wrath? Surely, that man was most miserable, whose life the wicked did so much desire, and at whose death the righteous much more rejoyce. And if God visits the sins of the father upon the children, shall man dare to smile upon the successors of the wicked, or so many of them as are guilty of the like sins as their parents? Let them that intend to lay this yoke upon us, expect our non-submission to it; for it is too heavy for us, though not others, to bear; and if any intend to impose it upon us, we may possibly shake it off, and lay it upon the Asses backs that are most proper and able to bear it.

To the supream Authority of this Nation, the Commons of England, in Parliament assembled.

The humble Petition of divers (in the name of themselves and others) being known well affected to the Publike Interest of this Nation in the County of of Surrey.

Sheweth,

THat having found by sad experience the continuance of the Publike Calamities of the Nation, to have been principally occasioned by the prevalency of a corrupted party, lately within this house, and by dividing the supream Authority thereof, into the hands of such as are nor intrusted thereunto by the people, which hath daily brought forth cross delatory, and so distructive proceedings; and blessing God for your so happy deliverance from your entanglements within, and opposition without. We your Petitioners, do hope now, that for the time to come, you will not admit so destructive a distribution of your supream Authority, but proceed of your selves without any other, to take such effectual course for the case of the Nation, as shall be requisite.

In order thereunto, we humbly desire,

  • 1.  That the Militia of the County of Survey, and all other places, may be put into the hands of such, and such onely as have expressed a firm and constant good affection to the freedoms of their Countrey, lest the power thereof should be exercised against this honorable House, your most renowned Army, and such of the people, as shew most affection to your just proceedings; and that all others, whether neutrals, being such as have pollitickly acted on both sides, or may be charged with a probable suspition of evil to their Countrey, may be rendered uncapable of trust, by an effectual interdiction, upon a penalty, according to the example of your Ordinance for the choosing Common Councel men, &c. in the City of London.
  • 2.  That all Magistrates. Officers, and others in Authority of the County of Surrey, may be chosen by the wel-affected thereof; and such as have ashsted the King in purse or person, or promoted the late tumultuous engagement for a personal Treaty, or otherwise abetted the same, may upon a penalty be prohibited, at least for a time, from being choosers, or chosen thereunto.
  • 3.  That the Ordinance for Tythes upon treble damages may be speedily revoked; and that hereafter no enforced maintenance be imposed upon the people for the publike ministry. And if you shall think fit to settle a publike ministry for the instruction of the Nation, that a more just and equal way of maintenance may be made for their subsistance.
  • 4.  That a Committee may be chosen by the wel-affected Inhabitants of Surrey, to take accompts of such as have had charge of the Counties disbursments.
  • 5.  That speedy means may be used for taking off that intolerable burthen of free-quarter, and that it may never be permitted for the future; that so we may see some real fruits and benefits of your supream Authority, and be engaged thereby to maintain the same in you, and all future Representatives.
Die Jovis. 1 Febr. 1648.

The House being informed, that there were divers Gentlemen of the County of Surrey at the door, they were ordered to be called in, and being come to the Bar, one of them spake to this effect,

Mr. Speaker, I am desired by divers, in the name of themselves, and others in the County of Surrey, to present this Petition to this most honorable House; and we are exceedingly incouraged thereunto, having the late and just care of this honorable House for relief of Petitioners.

The Petition being received, the Petitioners were Ordered to withdraw.

Ordered, That the Petition be referred to the Committee for consideration of Petitions of like nature.

Ordered, That thanks be given to the Petitioners for their good affections expressed in their said Petition.

Toe Petitioners being again called in, Mr. Speaker told them:

Gentlemen,

The House hath read your Petition, and referred it to be taken into consideration, They have commanded me to take notice of the time when this Petition was delivered, being this day; and they have taken notice of your good affections therein expressed, and have commanded me to give you hearty thanks.

Hen. Scobel, Cler. Parl. D. &illegible;

The last Proceedings of the High Court of Iustice, sitting at Westminster Hall, Saturday, Ianuary 17. 1648.

VPon the Kings coming he desired to be heard. To which the Lord President answered, That it might be in time, but that he must hear the Court first.

The King prest it for that he believed it would be in order to what the Court would say, and that an hasty Iudgment was not so soon recalled.

Then the Lord President spake as followeth, Gentlemen, It is well known to all, or most of you here present, that the Prisoner at the Bar hath been several times convented, and brought before this Court to make Answer to a Charge of Treason, and other high Crimes exhibited against him in the name of the people of England. To which Charge, being required to Answer, he hath been so far from obeying the Commands of the Court, by submitting to their Iustice, as he began to take upon him reasoning and debate unto the Authority of the Court, and to the highest Court that appointed them, and to trie, and to judg him; but being over-ruled in that, and required to make his Answer, he was still pleased to continue Contumelious, and to refuse to submit to answer; hereupon the Court, that they may not be wanting to themselvs, nor the Trust reposed in them, nor that any man’s wilfulnesse prevent Iustice, they have thought fit to take the matter into their consideration; they have considered of the Charge, they have considered of Contumacy, and of that confession, which in Law doth arise upon that Contumacy; they have likewise considered of the Notoriety of the Fact Charged upon this prisoner, and upon the whole matter: They are resolved, and have agreed upon a Sentence to be pronounced against this prisoner, but in respect he doth desire to be heard before the Sentence be read, and pronounced; the Court hath resolved that they will hear him. Yet Sir, Thus much I must tell you before land, which you have been minded of at other Courts, That if that which you have to say, be to offer any debate concerning the Iurisdicton, you are not to be heard in it, you have offered it formerly and you have struck at the root, that is, the Power, and the supream Authority of the Commons of England, which this Court will not admit a Debate of, and which indeed it is an irrational thing in them to do, being a Court that Acts upon Authority derived from them. Put Sir, If you have any thing to say in defence of yourself, concerning the matter Charged, the Court hath given me in command to let you know they will hear you.

Then the King answered, Since that I see you will not hear any thing of Debate, concerning that which I confesse I thought most material for the Peace of the Kingdom, and for the Liberty of the Subject, I shall wave it, I shall speak nothing to it; but only I must tell you, that this many a day all things have been taken away from me, but that that I call dearer to me then my life which is my Conscience and my Honour; and if I had a respect to my life more then the Peace of the Kingdom, and the Liberty of the Subject, certainly I should have made a particular defence for my self, for by that, at leastwise, I might have delaied an ugly Sentence, which I believe will passe upon me; therefore certainly, Sir, as a man that hath some understanding, some knowledge of the world; if that my true zeal to my countrey had not overborn the care that I have for my own preservation, I should have gone another way to work then that I have done: Now Sir, I conceive, that an hasty sentence once past, may sooner be repented of, then recalled; and truly the self same desire that I have for the Peace of the Kingdome, and the Liberty of the Subject more then my own particular ends, makes me now at last desire, that I having something to say that concerns both: I desire before sentence be given, that I may be heard in the Painted Chamber before the Lords and Commons: This delay cannot be prejudicial unto you, whatsoever I say: if that I say no Reason, those that hear me must be Iudges, I cannot be Iudge of that that I have; if it be reason, and really for the welfare of the Kingdom, and the Liberty of the Subject, I am sure on’t it is very well worth the hearing; therefore I do conjure you, as you love that that you pretend, (I hope its real,) the Liberty of the Subject, the Peace of the Kingdom, that you will grant me this hearing, before any Sentence be past; I only desire this, That you will take this into your consideration, it may be you have not heard of it before hand, if you will, I will retire, and you may think of it; but if I cannot get this Liberty, I do protest, That these fair shews of Liberty and Peace are pure shews, and that you will not hear your King.

The Lord President said,

I hat what the King had said, was a declining of the Jurisdicton of the Court, which was the thing wherein he was limited before.

The King urged, That what he had to say was not a declining of the Court, but for the Peace of the Kingdom, and Liberty of the Subject.

Lord President. Sir, This is not altogether new that you have moved unto us, though it is the first time that in person you have offered it to the Court: And afterwards, that though what he had urged might seem to rend to delays, yet according to that which the King seemed to desire, the Court would withdraw for a time, and he should hear their pleasure.

Then the Court withdrawing into the Court or Wards, the Sergeant at Arms had command to withdraw the Prisoner, and to give Order for his return again.

The Court after half an hours Debate, returned from the Court of Wards Chamber, and the King being sent for, the Lord President spake to this effect;

Sir, You were pleased to make a motion here to the Court, touching the propounding of somewhat to the Lords and Commons in the painted Chamber, for the Peace of the Kingdom; you did in effect receive an Answer, before their Adjourning, being pro forms tantum; for it did not seem to them that there was any difficulty in the thing; they have considered of what you have moved, and of their own Authority: The return from the Court is this, That they have been too much delayed by you already, and they are Judges appointed by the Highest Authority, and Judges are no more to delay, then they are to deny Iustice; they are good words in the great old Charter of England, Nulli negabimus, nulli condemus, & nulli &illegible; justitiam: but every man observes you have delayed them in your Contempt and Default, for which they might long since have proceeded to Iudgment against you, and notwithstanding what you have offered, they are resolved to proceed to Sentence and to Iudgment, and thats their unanimous resolution.

King.

Sir, I know it is in vain for me for to dispute, I am no Septrick, for to deny the power that you have; I know that you have power enough: Sir I must confesse I think it would have been for the Kingdoms peace, if you would have taken the pains for to have shewn the lawfulnesse of your power: for this delay that I have desired, I confesse it is a delay, but it is a delay very important for the Peace of the Kingdom; for it is not my person that I look at alone, it is the Kingdoms welfare, and the Kingdoms Peace: It is an old Sentence, That we should think on long before we have resolved of great matters suddainly, therefore Sir, I do say again, that I do put at your doors all the inconveniency of a hasty Sentence. I confesse I have been here now I think this week, this day eight dayes was the day I came here first, but a little delay of a day or two further may give Peace, whereas an hasty Iudgment may bring on that trouble and perpetual inconveniency to the Kingdom, that the childe that is unborn may repent it; and therefore again, out of the duty I owe to God, and to my countrey, I do desire that I may be heard by the Lords and Commons in the painted Chamber, or any other Chamber that you will appoint me.

The President replied, that what he desired, was no more then what he had moved before, and therefore the Court expected to hear what he would say before they proceeded to Sentence.

King.

This I say, that if you will hear me, I do not doubt to give satisfaction to you, and to my people, and therefore I do require you, (as you will answer it at the dreadful Day of Judgment that you will consider it once again.

President.

The Court will proceed to Sentence if you have no more to say.

King.

Sir, I have nothing more to say, but I shall desire that this may be entred what I have said.

The Lord President then proceeded to declare the grounds of the Sentence in a long speech, which you may see at large in what the High Court shall set forth.

The Lord

President having cited many things in relation to the power of Kings, and their being called to account for breach of Trust, and expressed in what sence this present King had been guilty, according to his Charge, of being a Tyrant, Traytor, Murtherer, and publike Enemy to the Common wealth. He further declared in the name of the Court, That they did heartily wish, that he would be so penitent for what he had done amisse, that God might have mercy, at leastwise upon his better part; for the other it was their duty to do it, and to do that which the Law prescribes, they were not there jus dare, but jus dicere; that they could not but remember what the Scripture said, For to &illegible; the guilty, it is equal abomination, as to condemn the innocent; we may not acquit the guilty, what sentence the Law affirms to a Traytor, a Tyrant, a Murtherer, and a publick Enemy to the Countrey, that sentence he was to hear read unto him.

Then the Clerk read the Sentence drawn up in Parchment.

That whereas the Commons of England in Parliament, had appointed them an high Court of Justice, for the trying of Charls Stuart, King of England; before whom he had been since times convented, and at the first time a Charge of high Treason, and other crimes and misdemeanors was read in the behalf of the Kingdom of England, &c.

Here the Clerk read the Charge.

Which Charge being read unto him, as aforesaid, he the said Charls Stuart, was required to give his Answer, but he refused so to do; and so exprest the several passages at his Tryal in refusing to answer.

For all which Treasons and Crimes, this Court doth adjudg, That He the said Charls Stuart, as a Tyrant, Traytor, Murtherer, and a publike Enemy, shall be put to death, by the severing of his Head from his Body.

After the Sentence was read, the Lord President said,

This Sentence now read and published, it is the Act, Sentence, Judgment, and Resolution of the whole Court: Here the Court stood up, as assenting to what the President said.

King.

Will you hear me a word Sir?

Lord President.

Sir, you are not to be heard after the Sentence.

King.

No Sir?

Lord President.

No Sir, by your favor Sir. Guard, withdraw your prisoner.

King.

I may speak after the Sentence.

By your favor Sir, I may speak after the Sentence ever.

By your favor (hold) the Sentence Sir——

I say Sir I do ——

I am not suffered for to speak, expect what Justice other people will have.

A Gentlewoman big with childe, some days before the Kings execution, pretended she longed to kiss the Kings hand; which after some denials of the Officers that attended him, was at last (considering her condition, though contrary to their instructions) admitted: After she had greedily kiss his hand, his Majesty as eagerly saluted her lips, three or four times. This Gentlewoman Is reported, by some that then knew her, to be formerly the black handsome Maid, that waited on him at the Isle of Wight. That night his Majesty lay in Whitehal, he much desired to have the next room to his Bed-chamber, which being much prest for, and as often denyed, occasioned some ground of jealousie; and upon a strict search a trap door was found in the said room, at which he intended an escape. A Gentleman desired leave to present a Letter to his Majesty from Prince Charls, a little before his execution, which was granted; so that what discourse past between his Majesty and himself, might be publike. His Majesty upon receipt thereof, said, he was not then in a disposition to read it, but required the Gentleman to deliver his blessing to the Prince, and his love to his Queen, with a request, That she would be a careful Mother to all his children; his blessing likewise to the Duke of York, with this advice, That he would be obedient to Prince Charls. Doctor Juxon administred the Sacrament to him, and being not able to pray without book or form, began this prayer, We be come together at this time (dearly beloved brethren) though there was none but the King present to receive it.

His Maiesty coming upon the Scaffold, express himself in these words, viz.

I Shall be very little heard of any body here, I shall therefore speak a word unto you here; indeed I could hold my peace very well, if I did not think that holding my peace, would make some men think that I did submit to the guilt, as well as to the punishment; but I think it is my duty to God first, and to my country, for to clear my self, both as an honest man, and a good King, and a good Christian. I shall begin first with my Innocency, in troth I think it not very needful for me to Insist long upon this, for all the world knows that I never did begin a War with the two Houses of Parliament, and I call God to witness, to whom I must shortly make an account, that I never did intend for to incroach upon their Priviledges, they began upon me, it is the Militia they began upon, they consest that the Militia was mine, but they thought it sit for to have it from me; and to be short, if any body will look to the dates of Commissions, of their Commissions and mine, and likewise to the Declarations, will see clearly that they began these unhappy troubles, not I; so that as the guilt of these Enormous crimes that are laid against me. I hope in God that God will clear me of it, I will not, I am in charity; God forbid that I should lay it upon the two Houses of Parliament, there is no necessity of either, I hope they are free of this guilt; for I do believe that ill instruments between them and me, has been the chief cause of all this bloodshed; so that by way of speaking, as I finde my self clear of this, I hope (and pray God) that they may too; yet for all this, God forbid that I should be so ill a Christian, as not to say that God’s judgments are just upon me. Many times he does pay Justice by an unjust Sentence, this is ordinary; I will only say this, that an unjust Sentence (Strafford) that I suffered for to take effect, is punished now, by an unjust Sentence upon me; that is, so far I have said, to shew you that I am an innocent man.

Now for to shew you that I am a good Christian: I hope there is a good man that will beat me witness, (&illegible; to Doctor Dixon.) That I have forgiven all the world, and even those in particular that have been the chief causers of my death; who they are God knows; I do not desire to know, I pray God forgive them. But this is not all, my charity must go further. I wish that they may repeat for &illegible; they have committed a great sin in that particular, I pray God with St. Stephen, that this be not laid to their charges nay, not only so, &illegible; that they may take the right way to the Peace of the Kingdom, for my charity commands me not onely to forgive particular men, but my charity commands me to endeavour to the last &illegible; the peace of the Kingdom; So (Sirs) I do wish with all my soul, and I do hope (there is &illegible; here will cary it further) (&illegible; for some Gentlemen that wrote) that they &illegible; deavour the Peace of the Kingdom Now (Sirs) I must shew you both how you are out of the way, and will put you in a way. First, you are out of the way, for certainly all the way you ever have had yet, as I could finde by any thing, is in the way of Conquests certainly this is an ill way, for Conquest (Sir in my opinion) is never just, except there be a good just cause, either for matter of wrong or just Title, and then if you go beyond it, the first quarrel that you have to it, that makes it unjust as the end, that was just at first: But if it be only matter of Conquest, then it is a great Robbery; as a Pirat said to Alexander, that He was a great Robber, he was but a petty Robber; and so, Sir, I do think the way that you are in, is much out of the way. Now Sir, for to put you in the ways believe it, you will never do right, nor God will never prosper untill you give God his due, the King his due, (that is, my Successors) and the People their due. I am as much for them as any of you: You must give God his due, by regulating rightly his Church (according to his Scripture) which is now out of order: For to set you in a way particularly, now I cannot, but only this, A National Synod freely called, freely debating among themselves, must settle this; when that every Opinion is freely and cleerly heard.

For the King, indeed I will not, (then turning to a gentleman that touched the the Ax, said, Hurt not the Ax, that may hurt me (&illegible; of &illegible; bad &illegible; the &illegible;) For the King:) The Laws of the Land will clearly instruct you for that; therefore, because it concerns My Own particular, I only give you a touch of it.

For the People. And truly I desire their Liberty and Freedom, as much as any body whomsoever; but I must tell you, that their Liberty and their Freedom consists in having of Government; those Laws, by which their life and their goods may be most their own. It is not for having share in Government (&illegible;) that is nothing pertaining to them. A Subject and a Soveraign, are &illegible; different things; and therefore, untill you do that, I meane, That you do put the people in that Liberty as I say, certainly they will never enjoy themselves.

Sirs, It was for this that now I am come here: If I would have given way to an Arbitrary way, for to have all Laws changed according to the power of the Sword, I needed not to have come here; And therefore, I tell you &illegible; and I pray God it be not laid go your charge) That I am the Martyr of the People.

Introth Sirs, I shall not hold you much longer; (for I will only say this to you, that intruth, I could have desired some little time longer because that I would have put this that I have said, in a little more order, and a little better digested, then I have done; and therefore I hope you will excuse me.

I have delivered my Conscience, I pray God that you do take these courses that are best for the good of the Kingdom, and your own Salvations.

Doctor Juxon.

Will Your Maiesty (though it may be very well known Your Majesties Affections to Religion, yet it may be expected, that you should) say somewhat for the Worlds satisfaction.

King.

I thank you very heartily (my Lord) for that, I had almost forgotten it. Introth Sirs, My Conscience in Religion, I think, is very well known in all the World; and therefore, I declare before you all, That I die a Christian, according to the Profession of the Church of England, as I found it left Me by My Father; and this honest man (Pointing to Doctor Juxon) I think will witness it. Then turning to the Officers, said, Sirs, excuse me for this same. I have a good Cause, and I have a gracious God; I will say no more. Then turning to Colonel &illegible; he said, Take care that they do not put Me to pain, and Sir this, and it may please you: But then a gentleman comming neer the Ax, the King said, Take heed of the Ax, pray take heed of the Ax. Then the King speaking to the Executioner, said, I shall say but very short Prayers, and when I thrust out My hands ———. Then the King called to Doctor Juxon for His Night-Cap, and having put it on, He said to the Executioner, Does My hair trouble you? Who desired Him to put it all under His, Cap, which the King did accordingly, by the help of the Executioner and the Bishop: Then the King turning to Doctor Juxon, said, I have a good Cause, and a gracious God on my side.

Doctor Juxon.

There is but one Stage more. This Stage is turbulent and troublesome; it is a short one: But you may consider it will soon carry you a very great way; it will carry you from Earth to Heaven; and there you shall finde a great deal of Cordial Joy, and Comfort.

King.

I go from a corruptible, to an incorruptible Crown; where no disturbance can be, no disturbance in the world.

Doctor Juxon.

You are exchanged from a Temporal to an Eternal Crown; a good exchange.

The King then said to the Executioner, is my Hair well: Then the King took off His Cloak and His George, giving His George to Doctor Juxon, saying, Remember ——— (It is thought for to give it to the Prince) Then the King put off his dublet, and being in his Wastecoat, put his Cloak on again, then looking upon the block, said to the Executioner, you must set it fast.

Executioner. It is &illegible; Sir. King. It might have been a little higher. Executioner. It can be no higher Sir.

King. When I put out my hands this way, (Stretching them out) then——

After that having said two or three words (as he stood) to himself, with hands and eyes lift up; Immediately stooping down, laid His Neck upon the Block; And then the Executioner again putting his Hair under his Cap, the King said, (Thinking he had been going to strike) stay for the signe.

Executioner. Yes, I will and it please Your Majesty.

And after a very little pawse, the King stretching forth his hands, The Executioner at one blow, severed his head from his body.

That when the Kings Head was cut off, the Executioner held it up, and shewed it to the Spectator.

And his Body was put in a Coffin, covered with back Velvet, for that purpose.

The Kings Body now lies in his Lodging Chamber in &illegible;

Sic transit gloria mundi.

A Petition in prosecution of the &illegible; of the people, in the Case of Captain &illegible; Member of the House, was this day presented to the House, which &illegible; at large.

To the supream Authority of England, the Commons in &illegible; &illegible;

The humble Petition of firm and constant Friends, to Parliament and common-wealth, in behalf of Captain Fry, a Member of the present Parliament. Sheweth,

THat since you account this the first yeer of the recovery of Englands Liberty, you will not blame us (we trust) if we expect fruits and manifestations thereof, not esteem us presumptuous, if when we apprehend any thing contrary thereunto; we crave leave us represent the same unto you, as at this time, we humbly conceive, we have cause to do, in the Case of Captain Fry, a Member of this honorable House, who as we understand, is lately suspended from his place and right in Parliament, for uttering his judgment in a matter of Religion; whereas we hoped you had now been satisfied, That your Authority did onely extend to things Civil and Natural, and that no man should be lyable to suffer for declaring his opinion in matters Spiritual or Evangelical.

We believe the worst of times will hardly afford a President of this nature; and though happily the like may have been done, when you were bordened with a corrupt Party, whose evil designes enforced them to make use of tyrannical Principles, and to walk in the &illegible; the Bishops and their oppressive Courts; yet since you see God hath therefore blasted them, and laid their greatness in the dust: and since, by your late Vote, and other proceedings, you have begotten some hopes in us, that you will prove more watchful guardians of our Liberties, then any before you: In confidence and expectation hereof, we are emboddened to intreat you,

  • 1.  That you will be pleased to restore that worthy Gentleman, Captain Fry, to his place and trust in Parliament.
  • 2.  That you would enlarge Mr Beast and Mr. Biddle, and see them repaired for their expences in their long and irksome imprisonment, with all others that suffer in the like kinde; and for the time to come. That you will be pleased to keep a strict watch upon your proceedings, when Cases of like nature shall come before you; that so the dangerous consequence of excluding Members from Parliament, or other Trusts, for what some shall call Error or Licentiousness in Religion, being blored cut of remembrance, we may upon good grounds, account this the first yeer of true Freedom, and have cause to reioyce in the just exercise of your supream Authority.

Upon Thursday, January 25. there was presented to his Excellency and his General Councel of War, An Acclamation from the well-affected Gentlemen of the Committee, Ministers, Common-Councel, Grand Jury, Souldiers, and divers hundreds of the Inhabitants of the County and City of Worcester, as followeth.

For his Excellency Thomas Lord Fairfax, and the honorable Councel of War.

The joyful Acclamations of the well-affected in the City and County of Worcester.

BLessed Patriots; for you have been blessed: And the real pursuance of your late Remonstrance (so uprightly stated) will record you so much more to all posterity, Founders of our Peace, as well as confounders of our foes.

We cannot but send you our Acclamations, to strengthen and quicken your hands, in that mighty work; and few, though we be, that yet appear, yet assured we are, That suitable actings to such Just Principles, (you neither seeking your selves, nor too much the compliance of others) will soon bring in all the upright in the whole Land unto you. And not onely so, but will for her make you glorious Patterns to all other people, for the good of all Nations.

Proceed therefore (or else undoubtedly, you soon ruine both your friends and selves) vigorously and throughly in the name of the Lord, and you will eternite your own, while we subscribe ours. In life and death, yours in all Righteous wayes, for Publike Interest.

Mr. &illegible; was desired to return thanks from his Excellency, and General Officers to the foresaid Gentlemen, for their good affections; and that their desires should be promoted.

Jan. 30. The Comons Vote a Narrative of all the proceedings upon the late Kings Tryal to be drawn for satisfaction of the Kingdom. Agree upon a Proclamation, for prohibiting all persons to proclaim any King of England; and that the oft be stopt till to morrow night to carry the said Proclamations into all parts of the Kingdom.

31. Jan. About four this morning, news came from windsov, of &illegible; escape; about two hours after that, he was apprehended by some Troopers in Southwark as he was knocking at an Inne. Thus were Jobs words verified, The wicked shall not escape. The Commons Vote the Troopers 120 l. though they expected 500 l. according to the &illegible; putt shed. The last night Sir Lewes Dives desired to go up to the house of office, two Souldiers guarding him thither, flaid at the door for his coming out, but casting himself down the Jakes shewed them a &illegible; trick for his escape. Some say he is swallowed up into the depth of Hell, there to visit his brothe; others, that Hell hath vomitted him up again on &illegible; dry Land; but for my part, I conceive that Dives is yet in Hell. The Commons to make sure and speedy end of their chiefest prisoners, Ordered to charge an Ordinance for tryal of five of them, viz. Hamilton Holland, Goring, Capel, and Sir John Owen, which so soon as fixed upon them, will doubtless do good execution. And that this execution may not onely reach to England, Scotland, and &illegible; but Holland too, They Voted that the said Holland be removed to the Tower. The two Ministers had thanks for their Sermons, and well they deserved it. It was moved for two more to be appointed against the next Fast, but not granted. It may in time be turned into a day of Thanksgiving though the ridged angry Ministers will yet, I suppose, keep it a day of Humiliation; and I must confess they have need so to do.

1. February. The Commons Ordered (and indeed, it was high time) That all the Members that had Voted the fifth of December last, That the Kings Concessions were a sufficient ground for a settlement, should never be readmitted into the House, during this Parliament: And such as then disagreed therein, to enter their dissents; and those absent, to declare their disapprobation thereof, before readmitted. An Act for constituting a new High Court of Justice, for tryal of the said five Delinquents, read and committed. The Lords desired by Message, a Committee of both Houses, to consider of settling the Kingdom, the Messengers were not called in, but debated long, Whether a Kingly Government should be continued or not? and loosing this Question, Then Voted, that to morrow the House consider of the Lords House, Whether it shall be continued or not; and afterwards, of the maner of Government. The aym of some is, seeing they cannot get them a House of Lords, statu quo prius, that now they should & constituted onely a Consultary, Court; but I must say nothing. They Ordered the Term to be adiourned, till Friday come seventh-night, and that the Judges adiourn it accordingly; But you may command them, and do it your selves. The Kings head is fewed on, and his corps removed to Jameses, &illegible; &illegible; not be kept imbalmed, till Prince Charls comes to the Crown, and inter them at the late King desired, though the &illegible; of Giocester may, if the Lords House be constituted, and a Kingly Government Voted. But will this way settle the peace of the Nation?

2. Febr. The Gentlemen of Kent were called in, and had thanks for their Petition. They Vote 7; Ships to be of this Summers Fleet. Order Moneys and Victuals to be provided They Vote Col. Henry Martin, and Col. Reynolds Regiments, to be added to, and paid as the Army, though in relation to the service of Ireland; who with eight more Regiments to be sent over, are to be part of the Army, and paid there equal to these in England.

3. Febr. The Amendments to the Act for constituting a High Court, were assented to, sixty three Commissioners named, Members of the House, City, and Army, any fifteen of them of the Quorum. Twenty eight dayes limited for trying of them. A whipping Answer &illegible; the Scotch Commissioners bold Papers, &illegible; and committed, &illegible; pound given to &illegible; two &illegible; that discovered the Lord &illegible; &illegible; &illegible; &illegible; he had escaped out of the Tower, though Warrant far the &illegible; and cry, promised &illegible; such as should restore him prisoner.

WHereas Sir Lewis Dives Knight, and Thomas Holder Esquire being prisoners in the custody of the Marshal General of the Army, for rebellious acting, and for other crimes of high nature, against the Peace of the Kingdom; have lately made their escape, These are therefore to require you, by all lawful means, to make diligent search, and enquiry in all suspected places, for the apprehending the said Sir Lewis Dives, and Mr. Holder. And having apprehended them, or either of them, to give notice to the Marshal General, at the Head Quarters, whereof you are not to fail.

Given under my hand and Seal, the 31 of January. 1648.

Fairfax.

To all Officers, Governors, and Commanders of Castles, and &illegible; and to all Majors, &illegible; and Sheriffs, especially of Port Towns, and to all those whom it doth &illegible;

Mr. Holder is a middle sized man, of a set body, and full faced, and of a brown hair, little of his face. Sir Lewis Dives, is also of a middle size, and hath a flaxen hair, in sad coloured apparel.

Edenburgh Feb. 1. Sir, The Parliament &illegible; daily, the Priests and they are at as much variance as the Parliament and rigid Presbyterie of England, so fearful are they that their outward call, and foolish &illegible; of the stool of repentance, can stand of no legs, when the inward Call is given to Gods people, and &illegible; how odious will they appear, in that they have hidden the light and power of the Gospel from them for so many years together. They bring all to the stool of Repentance that were in the last invasion of England, that acknowledge their &illegible; and desire to be remitted; and yet they are new as much enemies to the proceedings of the Parliament and Army in England as over; in a word, they act their own designs upon their own interest; and though they tall: big of &illegible; an Army, in revenge of the Kings blood, yet be assured they stir not, unlesse on English Army invites them. They much lament the losse of their Countrey man, Charls Stuart, but more the losse of their Revenue out of the Crown of England, which was half the support of this poor Nation. The Parliament here is in as great fear, and therefore hath almost as strong a Guard as the Parliament with you; parties here seem many and violent, but all will joyn unanimously against the Sectaries of England, or in any design for ruining of the godly party of that Nation: they intend to declare something against the taking away of the Kings life, and will endeavor to ground themselves upon breach of Covenant, which they make a Stalking horse, and a Cloak for all their villany, as the Presbyterians in England do under a uniformity of Church Government, though they confesse themselves, that no form of Church-Government is essential, or necessary to salvation being but a shadow, and lesse then nothing of the substance. All things are here in such great confusion, that it cannot be conceived by indifferent and unbyassed men, that they will be able to hurt England, unlesse there be a great occasion of difference to invite them. And let them pretend to what party they will, you will finde them but Robbers and Theeves, for enriching themselves, and destroying the free-born people of the English Nation. We have had two Pests by expresse come down this last week, it would be well to have some preventing care thereof for the future, and much I suppose might be discovered.

Newcastle, 2. Febr. Sir, We received our Post Letters a day after the time usual, but being in relation to the dispersing of the Proclamations (which came safe to our hands) we are not much troubled therewith. The Kings Speech upon the Scaffold, we expected would have been, not onely very satisfactory, but most judicious, by reason his abilities were so much spoken of by his party; but to deal ingennously with you, and all the world, We finde him thereby, not onely weak, but very wilful and obstinate; and for Religion the simplest of all carnal men of his principles in the world, except Doctor &illegible; He died like a desperate ignorant Roman; but nothing can we see in him tending to a true Christian, or the power of godliness: And indeed, no wonder that he made a scosse at it, seeing it &illegible; hid from &illegible; eyes; as &illegible; &illegible; whereby he might &illegible; saved &illegible; head, &illegible; &illegible; &illegible; repentance, and upon acknowledging of his &illegible; At which, the Court would have been so tender, that they had not in all probability taken away his life. But &illegible; heart must be hardened against the day of distruction. We are in quietness here, and little &illegible; and less fear of the acots advance into this Nation; if they do, we are well provided &illegible; them. Many &illegible; are loaden with Coals, and doubtless will much lessen the price thereof, in a very short time. We hear of no ships of the enemy on these coasts; so that ships &illegible; as secure now &illegible; Some extraordinary occasions in relation to the Garison, draws our noble Governor, Sir Arthur Haslering up to London; where he intends to be the next week, and some Officers of this Garison with him.

Before Pontesract Feb. 3. Sir We are glad the tall Cedar is faln so quietly the Shrubs may now the more easily be cut off. We are sorry to hear of Dives his escape, that was the author of spilling so much innocent blood, after one of our garrisons had surrendred to him upon honourable Articles. As for Loughborough, he was a meer Court flie, and very inconsiderable unlesse to strain a Complement however we fear the Keepers were too blame, and could wish the businesse might be examined. The Malignants mourn, and know not what to say, or think of this businesse of the King; the wel-affected I am sure much rejoyce at it. The enemy in the Castle had notice of the Kings Execution, at which they took courage to make a desperate fally, but were gallantly repulst in, with the lesse of one man; they are resolute still, but would be glad of terms, if they could get them; they indeed expect relief, either by open rising again of Malignants here, or privately; and to that purpose we hear of secret meetings and plottings; and they are not light reports, for we have made it a ground to send out parties to apprehend all plotters, matters, and such as were in the late war, which we hope will prevent the mischief. Major &illegible; in his Postage at Ferrybrlgs expressed much discontent and trouble at the proceedings of our Parliament and Army, particularly concerning the King. The Maior Gen. is returned from his hard work of disbanding, and is now at Carbrook.

Westm. Feb. 5.

The house of Commons sate according to former Order, to debate concerning the house of Lords, whether they should be continued a Court of Iudicature, or a Court consultary only (though they have lately past severall Acts in their own names, and all the Lords dissented with them in this whole proceedings against the King, and voted the supream power to be in themselves) this debate held till six a clock at night; the thing driven at, was, that it might be referred to a Committee, to consider what power or constitution their Lordships should have, but the season of the night requiring Candles, the house was divided, whether there should be any brought &illegible; or not, finish this debate, and it was carryed in the negative; so the house rose, ordering to resume this debate to morrow. The house of Lords site this day for a little time, and sent down the same messengers with the same Message as they did the last week, for appointing a Committee to ioyn with a Committee of their house to consider of feeling the Kingdom, but they were never called into the house. The Lords &illegible; till to morrow nine of the clock in the morning.

The High Court of Justice sate this day in the Painted Chamber, and there elected the same Lord President, Solicitor General Councel, with the addition of Mr. Steel (who is now well recovered.) And likewise, the same Serjeant, Clerks, and rest of the Officers as were before imployed in the tryal of the King. They agreed upon a Proclamation to be made by the Serjeant at Arms, in Westminster Hall, to this purpose, viz. That the High Court of Justice, had adjourned themselves till to morrow morning at nine of clock in the Painted Chamber; and such who had any evidence to give against the Earl of Holland, Earl of &illegible; Lord &illegible; Lord Capel, and Sir &illegible; &illegible; or any of them, were to repair to the said place at the same time, where they might be heard.

London, Printed for R. W.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

From Tuesday February 6. to Tuesday February 13. 1649.

FOr bearance of speech is most dangerous, when necessity requireth to speak; and a bold speech upon a good Cause deserveth favour, and honour got by vertue, hath perpetual assurance, but grounded upon a rotten foundation, speedily fals to a ruinous condition; thus the Lord of hosts purposing to stain the pride of all glory, brings into contempt all the Honorable upon earth. And if God saith, Such as Honour me, Ile Honour; let no man say, I will Honor the person of the mighty, and shew favour to the wicked, For if ye have respect to persons in judgment, ye commit sin, and are convinced of the Law as transgressors, 2 sames 9. And again, ye shall not respect persons in Iudgment, you shall not be afraid of the face of man, for the Iudgment is Gods, 1 Deut. 17. Iustice corrupted for many years, and now thrice purified, puts the people in thoughts of Cruelty, because impartially executed; and the reason hereof, was, because evil Iudges punishing the purse, spared the person; this made Cicero cry out, That Laws were most destructive to every Nation, when not to every person put in equal and impartial execution. One pretends right from heaven to supersede it, others from Custome to be priviledged from it, and so make none but the poor lyable to it; but seeing the tallest Ceder hath tasted of her sury, let the lowest shrub hereafter drink the dregs of her displeasure: Thus shall not the wicked be Justified for reward, but punished by severe judgements, and then let the land sing for Joy, and the people proclaim peace in their borders, for God hath destroyed the troublers of Israel, and will now delight to cure all the malladies of the Nation.

Tuesday

In Order whereunto, the chief Doctors of the Nation this day consult for cure of one of the greatest, and most dangerous maladies of the whole Kingdom, which lay so deep in the bowels of this Common-wealth, and had so long incorporated it self therein, and compacted so much Malignant humors from the head, and all other parts of the said body to it self, whereby it became so ill disposed, that if speedy remedy be not taken therein, it would probably in short time endanger to infect the whole body: they debate hereupon whether to administer a violent purge, or a strong Vomit, but finding the operation of all former Purges to prove ineffectual, either for present ease, or absolute Cure, conclude, that the disease being desperate and dangerous, ought to have a desperate cure for its abolition, and therefore Order that a strong Vomit be forthwith applied, but because some were against this strong Potion, and inclined rather to a purgation, they divide upon the question, which take here at large.

The question was put, whether that house shall take the advise of the house of Lords in the exercise of the Legislative power of the Kingdom, in pursuance of the Votes of this house of the fourth of Ianuary last, it past in the negative.

And that this may stand as a Record to all succeeding Generations, as an approved Medicine for this dangerous malady, They past this ensuing Vote, viz.

Resolved upon the question by the Commons of England assembled in Parliament, That the house of Peers in Parliament is uselesse, and dangerous, and ought to be abolished, and that an Act be brought in to this purpose. And that no man deceive himself, in saying, All this is but one Doctors opinion; I can assure the Reader they were the maior part, 80 and odd then present.

And to take away not only the cause it self, but the effects of this disease, they further Voted, That neither the said Lords, nor their immediate or pretended servants should be priviledged from the Law, and ordinary proceedings thereof, but their Estates made as much liable thereunto for payment of debts, as any others.

But what if their Lordships have no Estates answerable to their Engagements, or have conveyed away such Estates in Trust, to avoid the payment of debts, must the people be without remedy herein? If they be no house of Peers, nor have any Cozen in the Throne to protect them, how comes it that their persons must not yet by lyable to Arrests and Imprisonment? They Vote it should be referred to a Committee, to consider how their Lordships should be elected Commoners, to serve in Parliament; And &illegible; us high time, &illegible; having found such great benefit by them for eight years together. That all Commoners committed unjustly by their Lordships, should be speedily discharged. And shall they not have leave to arrest the Lords upon &illegible; imprisonments? They vote likewise that their own Estates be lyable to Law for payment of debts; And indeed its high time, unlesse the people should be utterly ruined by that Monster, called Priviledge.

Wednesday

The Parliament, the better to take away the very sting of tyranny, and all jealousie of future oppression, by successive Kings, voted, That it hath been found by experience, and this house doth declare that the office of a King in this Nation, and to have the power thereof in any single person, unnecessary, burdensome and dangerous to the liberty, safety, and publique interest of the people of this Nation, and therefore ought to be abolished, and that an Act be brought in to this purpose. They elected a Committee of five, to make choyce of a Committee of Estates, which are not to exceed the number of forty.

The Corpse of the King was sent to Windsor, to be buried in St. Georges Chappel.

The High Court of Justice sate this day, and made further progress in receiving Instructions against the 5 persons to be tryed, who are to be brought to St. Jameses, from the several places where they are, That (if possible) they may be brought before the Court by Friday.

Reports were made to the House of Commons, of severall Examinations, and other papers concerning Ireland. That the Irish Rebels, and the rest are agreed. And General Preston, the Marquis of Ormond, the Lord Inchequeene, and the rest are all joyned in Confederacie with Owen Roe O Neale. And that their whole strength will amount to about 18000 Horse and foot. And that the Rebels have some 18 Ships, besides Ruperts, that is, all about 40. And they are all designed against Dublin, and parts neer, whither the Land Forces are speedily to advance to lay siege, And therefore there is required a speedy relief for gallant faithful Col. Iones.

The Commons passed instructions for the drawing up of New Commissions for the Judges, that so if the new great Seale be ready, their Patents may be passed to sit, the Tearme beginning on Friday next: And the House also passed a Vote as followeth,

Die Mercurii 7. Februarii 1648.

Resolved upon the Question by the Commons in Parliament assembled, that the Lord Chiefe Justices, and other the Justices of the severall benches, the Lord Chiefe Baron, and Barons of the Exchequer, are required to meet Mr Speaker, Mr. Love, Mr. Say, and Mr. Hill, to morrow morning between seven and eight a Clock, at Mr. Speakers House at the Rolles.

Hen. Scobel Cler. Parl. Dom. Com.

To the Right Honorable, the House of Commons in Parliament assembled.

The humble Petition of the Justices of Peace, Grand Jury men, and other Gentlemen at

the Quarter Sessions holden at Hereford for the same County. Jan. 9. 1648.

Sheweth,

THat being sensible of the miseries of this poor almost wasted Kingdom, and of the long continued sufferings of this County in particular, and finding by experience, we had been all brought to extream misery, and total ruine before this day, had not God appeared as wonderful with, and for the General, Lieutenant General, and their faithful Commanders and souldiers of late, as ever he did by miracles for his People of old; and in our apprehensions, there being under you no other visible means or power, by whom God doth appear to save this poor Kingdom from the bloody Irish, that party of persidious, plundering Scots that last invaded our Kingdom, together with the Malignant, Trecherous English, then this present Army, whose valour God hath made a terror to all our enemies; do therefore humbly propound that you will heare the General, and General Councel of the Army, in all things tending to the speedy settlement of this Kingdom, that as one man, we may joyn together to oppose what force soever shall invade us. That you will take a speedy course that all Treasurers, Committees, and Sequestrators be brought to a speedy and strict account. That the best advantage be made of all Sequestred estates, and the general receipts of the Kingdom may be improved for the publike, with the best advantage. That you will take a special care for the payment of the Army, and with all possible speed take off the great burthen of Free Quarter, that no man be forced to give Free, Quarter unlesse he deny, or delay payment of his Assessment. That the Salary, or allowance of men in publick Imployments, may not exceed, during the continuance of our great payments. And that no man may be forced to serve the State at his own charge, from the greatest to a petty Constable, That all such persons as be in any publick imployment, that lengthen our miseries, by turning with all windes and tides for their own advantage, may be put out, and all opportunities taken to put an end to our troubles, that the generation to come may bless God for some that continued faithful. That you will send forth men of able gifts and parts to preach the Gospel to those that sit in darkness. And lastly, give us leav to present the great sufferings of this County, by paying in al paiments, almost, (if not altogether) double as much as any adjacent County, occasioned formerly by difference, and malice, between some of the chief houses, and families of our County, and our great sufferings when the &illegible; lay so long before Hereford; the many thausand pounds that have been collected from us to disband Colonel Birches Regiment, of which (we never received one peny) and others raised since; and yet never being freed from free-quartering, unless it were for some few weeks.

All which, we hope, you will take into consideration, in convenient time, and in all your good endeavours, tending to a speedy settlement of this Kingdom, we will to the utmost of our power, as God shall enable us, assist you and your faithfull Army, under the Command of the General.

And shall pray, &c.

Justices of Peace.

Thomas &illegible; Iohn James, Thomas &illegible; Francis Pember, Henry Williams, Thomas Seaborne, Esquire, the Mayor of the City of Hereford.

Grand Jury.

Iohn Vernal, Thomas Andrews, Iohn Lenitoll, Anthony &illegible; William Clark, Iohn Taylor, Richard Gwatkin, Thomas Church, Iohn Leech junior, Iohn Lufton, Thomas Eynion, Iohn Simmonds, Rowland Bethel, Iohn Colley, William Marsh, Thomas Williams, Francis Sheward, William Brown, Thomas Danet.

Gentlemen.

Sir Iohn Bridges, Knight and Baronet, Robert Higgins, Thomas Higgins, Arthur Cockerham, Robert Flacket, Thomas Careles, Oliver Chambers, Francis Walker, Miles Hill, Francis Pember junior, Henry Williams, Iohn Herring, Verney Higgins, Tho. Hewet, Francis Bisield, Alex. Garsson, Iohn Pembridg, Will. Careles, Iohn Wolfe, Phil. Sterky, Joseph Parshal, Edward Hussey, Iohn Adis, Iohn Chomley, Tho. Williams, Iohn Walsam, William Williams, James Woodhouse, Iohn Harris, Edward &illegible; &illegible; Wallaston, William Hooper, Richard &illegible;

The Gentlemen that presented this Petition, were by the Sergeant of the House called unto the Commons-Bar, where Master Speaker told them, that he was commanded by the House, to give them hearty thanks for their Petition, and for their affectionate expressions therein, who did assure them that the House would take all possible and speedy care, for the setling the case of the Kingdome; and that the particurats in their Petition, should be taken into their serious consideration in convenient time.

An All prohibiting the proclaiming of any person to be King of England, or Ireland, or the Dominions thereof.

WHereas Charls Stuart King of England, being for the notorious Treasons, Tyrannies and Murthers committed by him in the late unnatural and cruel wars, Condemned to death, whereupon, after execution of the same, several Pretences may be made, and Title set on foot unto the Kingly Office, to the apparant hazard of the publick Peace: For prevention thereof, Be it enacted and Ordained by this present Parliament, and by Authority of the same, That no person or persons whatsoever, do presume to Proclaim, Declare, Publish, or any way promote Charls Stuart, Son of the said Charls, commonly called, the Prince of Wales, or any other person to be King, or chief Magistrate of England, or Ireland, or of any the Dominions belonging to them, or either of them by colour of Inheritance, Succession, or Election, or any other claim whatsoever, without the free consent of the people in Parliament first had, and signified by a particular Act, or Ordinance for that purpose, Any Statute, Law, Usage, or Custome to the contrary hereof in any wise notwithstanding. And be it further Enacted & Ordained, and it is her:- Enacted and Ordained, That whosoever shall contrary to this Act, Proclaim, Declare, Publish, or any way promote the said Charls Stuart the son, or any other person to be king, or chief Magistrate of England or Ireland, or of any the Dominions belonging to them, or to either of them, without the said consent in Parliament, signified as aforesaid, shall be deemed, and adjudged a Traytor to the Common wealth, and shall suffer pains of death, and such other punishments as belong to the Crime of High Treasen. And all Officers, as well Civil as Military, and all other wel-affected persons, are hereby authorized, and required forthwith to apprehend all such Offendors, and to being them in safe custody to the next Justice of the Peace, that they may be proceeded against accordingly.

Die Martis, 30 Januarii, 1648.

ORdered by the Commons Assembled in Parliament, That this Act be forthwith Printed and Published.

H. Scobell, Cler. Parl. D. Com.

A Declaration of the Parliament of England, for maintaining the Fundementall Laws of this Nation.

THe Parliament of England now Assembled, doth Declare, That they are fully Resolved to maintain, and shall, and will uphold, preserve and keep the Fundamental Laws of this Nation, for, and concerning the preservation of the Lives, Properties, and Liberties of the people, with all things incidant thereunto: with the Alterations touching Kings and House of Lords, already resolved in this present Parliament for the good of the people, and what shall be further necessary for the perfecting thereof; And do require and expect, That all Judes, Justices, Sheriffs, and all Officers, and Ministers of Iustice for the time being, do administer Iustice, and do proceed in their respective Places, and Offices accordingly; which resolution, with the Reasons thereof, shall be hereafter published in a larger Declaration touching the same. And it is hereby Ordered and appointed, That this Declaration shall be forthwith proclaimed in Westminster-Hall, and at the old Exchange, and the Iudges in their respective Courts at Westminster, and at the first sitting thereof, are to cause this Declaration to be publickly read; and the Sheriffs in their several Counties are to cause this Declaration to be likewise published.

Die Veneris 9 Febr. 1648.

ORdered by the Commons assembled in Parliament, That this Declaration be forthwith Printed and Published, and that the Members of this House do take care to disperse the said Declaration into the several Counties with all speed.

Hen. Scobell, Cleric. Parliamenti.

Here you have the rest of the Relation of Marshal Gassions life and death.

IN the yeer 1635. he utterly routed and cut in pieces ten companies of foot of the enemy near Espiral: At Brugeres Dompayr, and about the Town of Ramberuilliers in several encounters did overthrow above sixteen hundred of the Lorain forces, whereof above 900 were slain on the place, with great store of prisoners, and 400 horse taken; in the Country of Bassigni he defeated two of the Duke of Lorains own Troops, and brought away their Colours: After that he relieved the Castle of Cheste neer Mirecour, in the view of the Lord Chincham, and afterwards he beat up his quarters, and took all his Baggage, and carried away three Cornets, killed him two hundred men, and took neer three hundred Prisoners, took from the Duke of Lorain the Towns of Charme and Newcastle, and slew many of the Enemies.

In the year 1636. He put to flight two Companies of Croats neer Mirecour, and did after gallant service under the Marques de la Force, (who was then the Commander in chief over the French forces) and there gave testimony of his valour in the overthrowing of 2000. Imperialists, close to the Gates of Raven, where their chief Commander, Colonel Coloredo was taken prisoner.

In the year 1637. He beat up the Quarters of some Imperial forces in the County of Luxemburg, and slew above two hundred of them: a while after, in another encounter, he routed twenty seven Cornets of Spanish horse, whereof 300 were slain on the place, and many prisoners, among them some of quality, Dom Alonso de Vicurs, brother to the Lieutenant General of the Spanish horse in Flanders, being one of them; he carried away all the Cattle from about Monts, having at one time carryed away 6000 head of Cattle, and coming back he took a Convoy of the Enemy, most part of the souldiers being slain or taken.

In the year 1638. At the siege of Castelet he killed with his Pistol the Lieutenant Colonel to General Pycolomini, and that with so much valour, that the Gen. hearing how it was done, did desire that he might have some conference with our Colonel, which was granted accordingly.

In the year 1639. Being under the Command of Marshal la &illegible; coming to the Castle of Tinque neer Arras with 1500 men, he made the Castle yield to him, and from thence going on his way towards Manicourt, he took a Tower, where 200 men had an intent to make good the place against him, and having taken the same, he slew all that were found in Arms: he shewed no lesse valour to suppress the risings that were happened in Normandie, and therefore was chosen by the King to scatter those new upstarts, who were then Commanded by one of no great worth, and known by the name of Vanupied, which after he had broke them, and put them to flight, he slew many on the place, and brought away their Colours, which afterwards he presented to the King, all their chief Commanders being taken Prisoners.

But this routing of them having not quite quelled that insurrection, in a short time he became master of Caen, a very considerable place in lower Normandie, and of some reasonable strength, where being entred with his soldiers, took possession of all the chief places in and about the Town, he disarmed the Citizens, upon suspition that they did favour those that were revolted, which done he sent 500 horse and 1000 foot souldiers to Auranches, a place also in Normandie, where the new raised people had gathered in a great number, and thought to have made some great opposition, but coming to trie it out by the sword, he put them to the worst, having slain 300 upon the place, and put the rest to a disorderly retreat, among them were their chief Commanders, and many others taken prisoners.

In 1640. He was commanded, together with the Lord Vicount Monthas to guard our men that went daily to fetch in provisions, during the time we were at the Leagner before Arras, and to that end he had given him under his Command 600 horse, and 700 musketiers, but the enemy having notice thereof, had thought to draw him into an Ambuscado, there being two hundred horse appointed to draw him on, and engage him in a fight, while their main body, which was not far off, and consisted of 3000 horse, was ready to have fallen upon them having the least opportunity offered; But this Colonel Gassion did so order the business, that the foot having made way for the horse to come through their small Body, upon their first charge they fell so violently upon the Enemy, that the greater part of them were slain and taken prisoners, the rest being gone with all speed to their main Body, who seeing their ill success, had but small courage to proceed in their design, But rather thought it safest to remain where they were, till some better occasion.

In the year 1641. having received Order to besiege a small Town called Lilers, which is about three leagues distant from Aire, where the enemy did brag and boast much that they would hold that place a long time, he carried himself so valiantly, and so diligently, that the enemy fell much short of their great hopes, and lofty pretensions, for no sooner was he come before the place, and summoned it, and shot some volleys of small shot against those that kept some our works, because his Ordnance was not yet come to him; the enemy knowing well his disposition, and that he was not one that would lose time, but went roundly to work therefore thought it their best & safest way to come to a Parley, and so having begun a treaty, had Articles granted them, and the place was delivered up to him.

It is though for a Commander to be valiant and couragious in the midst of his souldiers, but to undertake things single, and parted from his men, is even to go beyond Hercules, this Colonel undertaking to go alone against the enemy, and indeed his fortune was so extraordinary, and his valour so transcendent, that he aymed at nothing more then the purchase of glory and honour, although his life were never so much exposed to perill and danger, but he intended not to follow and imirate the common and ordinary way, but thought it more honourable to tread upon new and unknown paths therefore that which might seem strange in another, is very well accepted of him.

Having notice given him, that the Croates had carried away some horses from the Prince &illegible; he went with all speed to meet that party, taking with him only some of his own Troop, and having met with a ditch, both deep and wide, he without any fear of the danger, did presently venture to go over, having made his horse to swim through the water, being of a great depth, and by that meanes his men not being able to follow after him, he alone did charge the enemy, and before his men came up to him, he had slaine five on the place, put the rest to flight, and brought back three of our men, which they had before taken prisoners, and all the horse, with other spoile that they had with them.

Under the said Marshall de le-Mesteraye (who is so famous for the taking of many strong Townes and holds) he shewed his valour, at the siege of Ayre, and also did manifest his unwearied affections and courage, no lesse constant then full of magnaminitie, he being observed to have remained on horse back fourtie houres, without any intermission, and unlesse he was commanded upon a party, or to venture upon some bold enterprise, he would not at all be far from the Trenches.

In the same yeare 1641. he defeated near the Basice seaven Troops of horse of the Croates, who were Commanded by Count Lodowick, whom he thought a difference between a Commander that is watchfull and diligent, and another on the contrary that is careless, and thinks himself to be in security, as a Earl did at that time, who found himself in miserie before he had foreseen the evill which was to fall and selfe upon him, for this Colonel having beaten up his quarters, did not only slay the best part of his men, besides many prisoners taken, but he gave him so cold a breakfast that he forced him to fly for his life into Lile, having cut off most of his life guard, taken all his baggage, all the horses, waggons, all the women that were found, his Lady not escaping, but were all carried prisoners, not that the Colonel did ever affect that kinde of goods, for all his life time could not ever finde any action in him, whereby his credit and reputation might be stained in the least degree, but his only aime was to procure a good ransom, as he did afterwards for some of them.

In the year 1642. Being then under the Command of Marshall Grammont, he had order to beat up the quarters of the Croats, near Lile, upon which enterprise, although it was an exceeding dark night, a tedious raine, with other things, able to turne many others from the like undertaking, yet he resolutely went on, and for an incouragement to his Souldiers, did often tell them, that those were the only times when they were likely to do some good, and to prevaile upon their enemies, seeing at that time they did least feare, and therefore stood least upon their guards.

In the yeare 1643. being then under the Command of Duke de Enghien at the battle of Rocroy, by the judgment and censure or this Prince, who is the fittest of any to decide it, he being an eye witnesse of his Actions in that fight; he then most gallantly relieved the Iown of Rocroy, which was then besieged by the Count d’Isembourg: he shewed no lesse valone and courage at the great battle fought near that Town, for he brought in one hundred Fire locks, and made so good use of them, that he made them a chief means to break many small bodies of the enemy, which were advanced very far, and beat them back, having also charged their Van so furiously, that though in all likelihood the Spaniards were like to have the better, and to get the day, yet he did so turn the businesse, that at last he broke their main body, and obtained a most famous and glorious victory, where the enemy received such a blow, that they do not yet forget it, but the bleeding wounds thereof are not well closed up; in this fight he was ever carefull to observe punctually such orders as he received from the Prince, who did afterwards certifie the same unto his Majesty; being under the same Prince at the siege of Thioaville, he did no lesse approve himself valarous, and how undesatigable he was upon any occasion for the Kings service, being alwayes present at all the works that were done about the town during the siege, and in imitation of the Prince, made slight of all dangers which could be conceived to be upon the undertaking of any enterprise, and being imployed about the finishing of a work about the side of a &illegible; he received a musket shot in the head, of which he escaped miraculously, being it was contrary to all mens opinions.

In the year 1644. Under his Royal Highnesse, he took severall Forts about Gravelins, and at that siege did act according to his accustomed manner.

Thursday February 6.

This day the Commissioners for tryal of the five persons aforesaid, kept a Fast, to humble themselves, and call upon God for his assistance in that great work.

Rails are this day putting up in Westminster Hall, and the prisoners (according to the Order of the House of Commons) are sent for to be brought to St. Jameses.

This morning the Judges met Mr. Speaker at the Rolls, according to the Order of the House of Commons, and six of them are to have Commissions, being fully satisfied of the sufficiency of the legal Authority of the Commons, which six are these, viz. Of the Kings Bench, the Lord chief Justice Rolle, and Judge Jerman; of the Common Pleas, The Lord chief Justice St. Iohn, and Judge Phesant; and of the Exchequer, the Lord chief Baron wild, and Baron Yates. The other six, (viz.) Iustice Bacon, Iustice Brown, Sir Tho. Bedding field, Iustice Croswel, Baron Trevor, and Baton Atkins are out.

Some time was spent this day about the perfecting of the Commissions for the said Iudges that are to continue, and about their Oaths, &c.

The new great Seal was this day brought to the House, and approved of, and the Commissioners were Ordered to fetch in the old great Seal, which was brought in, and broken in the House of Commons. The Commissioners for the new great Seal, are, Mr. Kibble, Mr. Lisle, and Mr. Whitlock. Some instructions passed concerning the same.

The Commons chose a Committee to bring a List of Iustices of the Peace, that in all parts the il affected may be put out, and honest men chosen.

An Act passed for supplies of the Navy for present service, and the Commons Ordered That M. Humphrey Edwards, Mr. Weaver, and Mr. Liechmore be added to the Committee of the Navy. Some instructions also past for the rewarding of such as shall take, or bring in any of the revolted ships to the obedience of the Parliament.

The Commons were acquainted that the Corps of the late King was sent to Windsor to be interred too morrow night in St. Georges Chappel, and that some persons of honor desired leave to wait upon the Corps; the House Ordered that leave should be given to the Duke of Richmond Marquis Hartford, the Earl of Lindsey, the Earl of Southampton, and Doctor Juxon to go thither to see the said Corps interred.

Friday February 9.

The House of Commons this day according to former Order, considered of the great delay of Iustice in this Kingdom, and exceeding prejudice to the people, by Iustices of Peace denying to apprehend sellons, or to act in relation to a Iustice of Peace, because their Commissions run in the name of the late King, and not in the name of the Parliament; for remedy herein, they made choice of a Committee to consider, and bring in another form for Iustices of Peace, whereby they may be left without excuse when required to Act by Command of the present Parliament of England.

The House having lately Ordered that business concerning the Election of the L. Gen. and Col. Rich to serve for Cirencester, be reported from the Committee appointed to consider of that business, who had before Voted the said Elections good; the said Committee, in prosecution of the said Order, made report this day to the House of the whole state of that business, and the matter of fact thereupon.

The House being fully satisfied that the said Elections were good, Ordered the same by way of confirmation according to the said report; and likewise that the Clerk of the Crown should come to the Bar of the said House, and mend the said returns, to the end the Lord General and Colonel Rich may speedily be admitted Members into the said house.

This day the high Court of Justice for the tryall of Iames Earle of Cambridge, George Lord Goring, Arthur Lord Capell, and Sir Iohn Owen Knight, sate in the usuall place in Westminster hall, to which place, after an Act of Parliament for the tryall of the said persons, and the names of the Members of the Court, being about 50. present, the prisoners were together brought to the Bar, and the Lord President having made a short Speech of the occasion of their coming thither in order to their Tryall, upon severall acts of Treason, and high crimes brought in against them, they were all commanded to withdraw, except the Earle of Cambridge; this done. Mr. William Steele, Attorney Generall for the Common wealth, addressed himselfe to the Court, and in a very acute and learned manner for forth the notoriousnesse of the facts, of which the Prisoner at the Bar was &illegible; by his invading the Kingdome, and committing many murthers, and Rapines, and all this under the pretence of the Covenant, so that as the War was called Hypocritarium bellion, he might be justly tearmed Hypocritarium Princeps, and therefore desired in the name of the people of England, his Charge might be read to him, and he to make answer to it. After the Charge was read, the Earl of Cambridge pleaded, That he was of another Nation, and what he did, was as a servant to that Kingdome, and not as a contriver of it, neither was he ever naturalized Earl of Cambridge that he knew of, that he was a Prisoner of War, and had Articles given him. Then the Act for the naturalization of his Father was read, and so consequently of him, being his Heir. Then the Lord Goring was brought to the Bar, who after the Charge against him read, pleaded not Guilty, and so was dismissed, behaving himselfe in a very submissive and respective manner to the Court.

After him the Lord Capell was brought to the Bar, who having heard his Charge read, pleaded, That he was a prisoner to the Lord Generall and had conditions given him, and life promised him at Colchester, and that all the Magistrates in Christendome, if they were united, and combined together, could not call him in Question. Which being entred as his plea, he was commanded to withdraw, which he did, having from the beginning to the end of his staying there not at all minded, or so much as looked upon the Court, but upon the people of all sides, with a grim and austeer Countenance. The last that was brought to the Barre was Sir John Owen, who after his Charge reading, pleaded, Not guilty of a word of it, and so the Court was adjourned till the next day.

Saturday Feb. 10.

The Commons past instructions for the sending over of the Regiment designed speedily for Ireland, and for raising of other forces to be sent over under Colonel Moor. A new Oath passed for such to take, who shall for the future be made free men of the City of London. Divers Orders and instructions passed, for me altering of the seals of divers Courts, in order to what hath already been done, in order to the seeling of the several Courts of Justice.

This day the High Court of Iustice sat again in Westminster Hall; the Commissioners named, there appeared 47. The Earl of Cambridg was brought to the Bar, and it was moved by Mr. Steel that he might answer to his Charge. The Lord President requiring his answer, the Earl of Cambridge desired time to put things into a method, and that he might send to Major General Lambert, by whom he had Articles given, and also into Scotland, from whence he received his Commission. Then the Court gave him time till Tuesday next to answer, and upon his motion for Counsel, he had liberty to name them, which he said he could not, not knowing any one Councellor in England. The Earl being withdrawn, the Lord Capell was brought in and being demanded to plead in chief to his Charge, he insisted upon the Articles at Colchester, whereby he had fair quarter given him, and that all the Gowns in the world had nothing to do with him; then the Court gave him further time till Tuesdy next, to which they adjourned, to meet first in the Painted Chamber, and afterwards in Westminster Hall, which is in brief, the sum of the whole proceedings against the said persons these two dayes.

By Letters out of the West we understand, That Falmonth men of War have lately taken ten prizes on those Coasts, and are comming away with them.

Capt. Peacock hath, taken, and brought into the river of Thames a Flemish Hull of 400 Tun, laden with Sugar, Tobacco, Powder, and other Provisions, to a great value.

The Earl of Antrims Frigot, with 30 Guns, and 15 men brought into Plimonth.

From S. Mary Autre Feb. 10. The Ministers in Devon are very angry with the Army, they all fearing that the thing called Tythes is the next thing in the Forge that must down. The Ministers Letter of London was read here in the Pulpit by one Mr. Bull, Jan. 28. but a party of &illegible; from Tetrington fetcht him in, to know what order he had for it, but after he was convinced of his errour, and security given for him, that he should never speak or act against Parliament or Army for the time to come, he was set at liberty. The like was done at Apsom to Mr Short.

His Excellency hath this week given orders for the disbanding of Major Gen. Ashtous, and Col. Nich. Shuttleworths Forces, in regard of the great burthen they are to the Country.

From Newcastle. Nothing but a second Charles will please the Scots, or rather indeed, nothing but a War with England, for they are so proud and beggarly, that they cannot contentedly see a good Country lying so near them, enjoyed by any but themselves.

Yesterday Lieut. Gen. Middleton, who was a prisoner upon his Paroll at Alnwick, broke his engagement, and is gone for Scotland: What saith is there to be kept with Hereticks, saith the Kirk?

Pontesract Feb. 10.

Sir,

I received yours this Post, and am glad to see things go on so well, and so fast, I pray God it may hold, till the whole work be finished, and all injustice brought down: I fear the time limited in the Agreement, for ending this Parliament, is too short, and that the many great and necessary affairs to be concluded and done, will in that time be left undone: Besides, for these far distant places from London, I fear the rules propounded in the Agreement, with the short time limited therein for returns, cannot possibly be observed; so that I dare say the time mentioned for the next Parliament to meet, will not possibly be kept here, according to the rules for election, there being no care also taken (in these malignant Counties) to advance or promote the same; so that I wish there were a longer time for the continuance of this, and for the electing of the next Parliament. Neither do we understand here yet what the Parliament hath done upon the Agreement presented to them.

Affairs here yield little of novelty. The enemy in this Castle holds out still, but begin to be in distresse; at least half of them within the Castle are sick. Capt. Wel. Poulden, that commanded the Partie when Rainshorough was killed, is dead. This unseasonable weather makes our Works go un slowly and is a great discouragement to our men, their duty being so hard. We have strong alarms of secret parties lying to relieve this Castle, I know not what may be attempted, but we have taken all care possible to prevent it.

There came forth an excellent Book this week, very usefull for the Kingdom, entituled [The way to peace and unity among the faithfull, and Churches of Christ] written by William Dell, and printed for Giles Calvert, at the black spred Eagle at the well end of Pauls.

For the Funerall of the King. Four of the Kings servants, Mr. Herbert, Mr. Mildmay, Mr. Ducket, and Capt. Preston were appointed for the interring of the King, which was done on Friday; those four Gent. had orders to inter him either in the Quire, or Chappell at Windsor. In case the Duke of Lenox came, it was left to him, to bury him where he pleased.

The four Gent. viewed the places, and thought fit to lay the King near Edward the 4. from whom this K. Charles was lineally descended, although they knew there was a Vault where Hen. 8. lay; but in respect K. Charls never affected Hen. 8. because he sold the Abbey Lands, they did not make choyce of that Vault, till such time as the D. of Richmond came, who made search for Hen. 8. Vault in the middle of the Quire, where was found Hen. 8. body, and the Lady Jane Seymar, and there was room for one body more. The King said often, and the other day at Windsor, that Hen. 8. was never buried, because he invaded the Church lands; but the businesse being then at the &illegible; disposall, the King was buried with Hen. 8. in his Vault, and so there lie two of the greatest Tyrants that ever were in England. Upon Hen. 8. was found purple Velvet, which was buried with him, & upon K. Charls his Coffin was laid a black Velvet cover. The first night the King was brought to Windsor, he was brought into his bed-chamber, the next day the Deans Hall was prepared with mourning, then he was brought thither, the room being made dark and lightned by Torches, where the body was, till the time of buriall, which was about two in the afternoon: The D of Lenox caused this Inscription to be cut in Letters and put upon the Coffin [King Charles 1648] The manner of his cariage to the Grave thus; The Kings servants that waited all the time of the Kings imprisonment went before the body, the Governour and Dr. Juxon went next before the body; the four Lords, Richmond, Hertford, Southampton, and Lindsay carryed the four corners of the Velvet over the Corps, which was carryed by souldiers. It was desired by the D. of Richmond, that the Bishop might use the Ceremonies used at the buryall of the dead; but it was the opinion of the Governour, and those Gentlemen imployed by the Parliament, that he ought not to use the book of Common prayer, although the Parl. did permit to use such decency as the Duke should think fit; but if the Dr. had any exhortation to say without book, he should have leave, but he could say nothing without book.

Feb 12. A Proclamation was this day made by his Excellencies own Trumpet to this purpose, That whereas many souldiers, under pretence of desiring bread and meat at several Merchants, and other houses of Citizens, had committed several outrages, and likewise exacted from the Inhabitants much money. These were to require them under pain of death, to enter any Merchants, or other house whatsoever in the City, or late lines of Communication, except such as are Victualling houses, and others which sell victuals, and so as they make full and just paiment for what they buy and bargain for. And whereas severall abuses have been committed by souldiers, and others who put themselves in the habit of souldiers, by leising Delinquents, and under pretence of searching for such persons, have committed severall Robberies, and done much prejudice to the City, and parts adjacent: All souldiers were likewise requited thereby to forbear to enter into any house upon what pretence soever, for searching for Malignants, or otherwise, unlesse they have an Officer with them which may be accountable for any losse, or detriment to the parties searched.

A Letter this day came from Scotland, that Friday last but one, 1 February Instant, Charls the second was proclaimed King of great Brittain, (which includes the three Kingdoms) and Ordered by the Parliament of Scotland, to be proclaimed in the same manner in all Parish Churches, and at all Market Towns in that Nation.

Febr. 11. The House this day debated the Circuits for the Judges to got next Vacation, and proportioned the same for each of the six Judges, passing an Act for that purpose. A certficate was read from the present Doctor and Apothecary of the Earl of Holland, that his condition was so ill, that if he came up for London, he might perish there, if not before his coming thither, in the way. A Petition was read likewise from the Countess: of Holland, and other Ladies, in favor for him; The House ordered this weak, and dissembling excuse to the Commissioners for the high Court of Iustice to send for him, if they should think fit. Away with this Jugling at last, or all your former honour is last. They appointed Colonell &illegible; of the Army, Colonel Popham, and another, which I came not, to be added to the Commissioners for the Navie, to give an account of, and manage that great businesse from time to time. Much was done at the Committee in relation to Iustices of Peace. That no Member that voted the 8. of Decemb. last that the Kings Concessions were a ground for a settlement, or such as contrived, promoted, or signed the late Petitions for a personall Treaty, should continue any longer in the Commission of Peace, but others appointed in their stead.

London, Printed for R. W.

Imprimatur G. M.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

From Tuesday February 13. to Tuesday February 20. 1649.

THE end of Victory is Peace and Freedom, but slavery after conquest, adds much to former misery: He that promises speedily, and is long in performance, is but a slack friend; and he that performs not according to trust, layes himself open to the fury of the multitude. That foot deserves best the pinch of the shoe, that wears it; and an English back will not too long bear the burthen. When a disease is past curt, the Patient can expect no remedy; but If the Cure be facile, the Doctors negligence ought to be questioned. If the disease be desperate, all remedy is endeavoured, by altering the Physitians, so prompt is Nature to preserve it self; and though this alteration proves sometimes unfortunate, yet many times most happy: but its possible by others faults, wise men may correct their errors, and give those testimonies of fidelity, which may occasion a mutuall antity, which cannot be expected, till this burthen be eased, and the sicknesse cured.

Take here the substance of a Scotch Proclamation, viz.

The Estates of Parliament conveened in this second Sessions, of the second Trienniall Parliament, by vertue of an Act of the Committee of Estates who had power and authority from the last Parliament, for conveening the Parliament, considering, that forasmuch as the Kings Majesty, who lately reigned, is, contrary to the Dissent and Protestation of this Kingdom, removed by a violent death, and that by the Lords blessing there is left unto us a righteous heir, and lawfull successor, Charls Prince of Scotland and Wales, now King of great Britain, France, and Ireland; We the Estates of Parliament, of the Kingdom of Scotland, do therefore most unanimously and chearfully, in recognisance and acknowledgment of his just Right, Title, and Succession to the Crown of these Kingdoms, hereby proclaim and declare to all the world, that the said Lord and Prince Charls is, by the Providence of God, and by the lawful right of undoubted Succession and Discent, King of great Britaine, France and Ireland, whom all the Subjects of this Kingdom are bound humbly and faithfully to obey, maintain, and defend according to the Nationall Covenant, and the Solemn League and Covenant betwixt the Kingdoms, with their lives and goods, against all deadly, as their only righteous Soveraign Lord and King; and because his Majesty is bound by the Law of God, and fundamental Laws of this Kingdom, to rule in righteousness and equity, for the honour of God, the good of Religion, and the wealth of his People;

It is hereby declared, That before he be admitted to the exercise of his Royal power, he shall give satisfaction to this Kingdom in these things that concern the security of Religion, the unity betwixt the Kingdoms, and the good and peace of this Kingdom, according to the National Covenant, and the Solemn League and Covenant; for which end, we are resolved with all possible expedition to make &illegible; humble and earnest Addresses unto his Majesty: for the &illegible; of all which, We, the Parliament of the Kingdom of Scotland publish this our acknowledgment of his Just Right, Title, and Succession to the Crown of these Kingdoms at the market Cross at Edinburgh, with all usual Solemnities in the like cases, and ordain his Royal Name, Portract and Seal to be used in the &illegible; writings, and Judicatories of the Kingdom, and in the Mint-house, as was usually done to his Royal. Predecessors, and Command this Act to be Proclaimed at all the Market Crosses of the Royal Burghs within this Kingdom, and to be Printed, that none may pretend ignorance.

God save King Charls the Second.

This was done by the whole Parliament, the Lords all in their Robes, the Cross was richly hanged, the Chancellour brought up the Proclamation, read it to the King at Arms, who proclaimed it the City being in Arms, making a great &illegible; and &illegible; the great Guns went off. Its decreed to send four persons of eminency to invite their proclaimed King to come in upon the conditions exprest in the Proclamation; these four will be one Earl, one Baron, one Burgesse, and one Divine. There will be speciall care had, notwithstanding this, to leave out, or not to have to do with any who were in the late engagement, or that have been in Arms formerly against either Parliament; and Prince Charls must quit all that party, if he expect welcome at Edenburgh, which its believed he will do, and leave the others to shift for themselves in Ireland.

February 13.

The Commons passed some Votes for paying those Northerne Forces that are to be disbanded. They also passed Instructions for Colonell General Lambert, concerning those Northern Forces which are to continue, and be of the establishment.

The committee appointeed, made Reports of the Councell of State, brought in their Instructions, and the names of 37. Gentlemen, some Members of Parliament, and some Judges of the Courts, the time to be for one yeare: The whole was read, but nothing done this day by the House, either concerning the names or place; But the House considered of the Instructions and power that should be by way of Commission, to such as shall be authorized to be Commissioners of State for the Government of the Nations of England and Ireland; And passed their instructions for the ordering of the Militia, the governing of the people, the setling of Trade, the execution of the Lawes, and all other things for the safety, defence, and good of the people; and referred the consideration of the names, and the place, with some other circumstances, untill another time.

In the after-noone the House being againe &illegible; the Committee brought in an Act for the sale of &illegible; and &illegible; Lands, which was read, the manner is by a Committee and Contractors, and all other things much like the manner of the sale of Bishops Lands, with instructions also for the Leases at such and such a value.

The Commissioners of the High Court of Justice met this morning in the printed Chamber, and spent much time in preparations, in order to the Triall of the Lord Capell, and the Earle of Cambridge, and the Articles and other papers, in relation to the Lord Capell, about the quarter granted to him, were perused by the Councell; and his Excellency the Lord Generall, Commissary Generall &illegible; Colonel Whalley, Col. &illegible; Master William Clarke, with others were sent to, and desired to be at the sitting of the Court in Westminster Hall, to give in their. Testimony concerning the Lord Capell, in case he did further insist upon the Articles of Mercy, to which he had before so much pressed.

This day the High Court of Justice &illegible; in Westminster Hall; first the Lord Capell was brought to the Bar; The Attorney Generall moved, that this day being assigned for the Prisoner to make good his Plea, it was desired in behalfe of the Common-wealth that he might make it good if he could. The Lord President told him that he had put in a Plea, concerning Articles, for proofe whereof the Lord Generall was then present, and that if he had any thing to aske him, he had liberty, if not, the Councell for the Common wealth were to offer what they could in proofe of it. Then the Attorney went on, and produced first the Lord Generals Letter that he sent to the Parliament upon the rendition of &illegible; and the Articles, and the explanation of the Articles, whereby, and upon the Testimony of the Lord Generall, Commissary Generall, Col. Whaley, and Col. &illegible; it appeared, that he &illegible; to have faire quarter for his life, which was explained to be a freedome from any execution of the Sword; but any protection from the judiciall proceedings of a civill Court, and mercy, was explained, to be only from the promiscuous execution of the Sword, but so, that he might be tryed by a Councell of Warre.

And it was clearly proved, That the Articles were only to save him from the present power of the Sword to take away his life; and Col. &illegible; declared upon Oath, that the night after, he being with the Lord Capell, his Lordship said, That they were dealt hardly with, and asked him what he thought the Parliament would do with them; and that he then told him, That the Parliament had declared some of them &illegible; and that he did not know what they would do, but did believe, seeing that they had declared them to be Traytors, that they would proceed against them upon that account.

The Councel moved for judgment against him, to be Drawn, Hanged, and Quartered, at which he was much astonished, and after a short speech made to the Court, he said, That however he was dealt with here, he hoped for a better &illegible; hereafter.

Afterwards the Earl of Cambridge was brought to the Bar, who was required to make good his Plea; he said, That he was thankful for that time the Court &illegible; him, but that it was so short, that he could not be provided, nor did he &illegible; know the names of any Councel, but now he hath got the names of four, which he desired might be assigned him, (viz.) Mr. Hales, Mr. &illegible; Mr. Parsons, Mr. Herne, and a Civilian (viz.) Dr. VValker; the Lord President said, That the Councell for the State were but four, and bid him name what four he would, and then he named Mr. Hales, Mr. &illegible; Mr. Parsons, and Dr. VValker, which was granted to him.

He desired leave to have sent to Scotland, and farther time; It was answered, That it was for prisoners to prepare their, proofs against their Tryal, he having been in prison so long: the Earl of Cambridge said, That during his 6 &illegible; imprisonment, he never sent about any private business, not otherwayes, but only by one for monies to maintain him in prison, whom he durst not trust with any other businesse. He prayed the mercy of the Court, that if they would &illegible; him, he might be useful. It was told him, that he might thank himself for that evil he had brought upon him, and it was shewed to him what a &illegible; offence he had committed, in his Treason, Murder, &c. Then the Earl of Cambridge said, that he was sorry for what he had done, and wished that he had had that good Counsel sooner, that he might not have done it. He had time given him untill Thursday following.

Feb. 14.

The Committee of Estates was reported, consisting of some Lords (who dissented to the Ordinance for tryall of the late King) some Commons (many whereof (though named in the Commission for tryall of the late Tyrant) never appeared) others sometimes appeared, but drew back at the day of sentence, and consisting likewise of others that both appeared all the time of the tryall, and at Sentence too. Take their names at large.

EArl of Denhigh. MAior Gen. Skippon. HEnry Martin Esq;
Earl of Mulgrave. Sir Gilbert Pickering Col. Ludlow.
Earl of Pembrook. Sir William Massum. Anthony Staply Esq;
Earl of Salisbury. Sir Arthur &illegible; William Henningham Esq;
Lord Grey of Wark. Sir Iames Harrington. Robert Wallop Esq;
Lord General Fairfax. Sir Henry Vane Jun. Iohn Hutchinson Esq;
Lord Grey of Groby. Sir Iohn Danvers. Denis Bond Esq;
Lord &illegible; Sir William Armyn. Alexander Popham, Esq;
Lord chief Iustice Rolle. Sir Henry Mildmay. Valentine Wallon Esq;
Lord chief Iustice St. Iohn. Sir William Constable. Tho. Scot Esq;
Lord chief Baron Wilde. Alderman Penington. William &illegible; Esq;
Lord President Bradshaw. Alderman Wilson. Iohn Iones Esq;
Lieutenant Gen. Crumwel. Bulstrode Whitlock Esq;

Their Instructions were reported, to raise, train, exercise, and command the &illegible; of England and Ireland; to provide stores of Ammunition for these two Kingdoms to appoint and command a Navy for defence of both Kingdoms: To do all things requisite for preserving the peace and safety of the two Nations; To preserve Trade, and the Laws of the Land: To continue for twelve moneths, and no longer. The place of &illegible; for &illegible; Commissioners, is &illegible; &illegible; Hall, and if resolved, Lodgings are to be there provided for them.

A Petition presented this day to the Commons, from the County of &illegible; and because of concernment, and truly honest, take the &illegible; at large.

1. That you would proceed to speedy Trial, and publick Iustice upon all those who shall be found guilty of procuring, acting, or &illegible; the first or second war, &illegible; the invasion of the &illegible; to the &illegible; ruine of many &illegible; (if not thousands) of Families; because Iustice is not speedily executed on evil &illegible; therefore the hearts of the sons of men are continually set upon mischief. 2. That you would &illegible; to your late, Iust, and Honourable Votes concerning the &illegible; and Legislative power of the Nation, for we cannot but take notice of the late endeavors of those men called Lords, how they leave no means &illegible; to &illegible; themselves again into power, and we have cause &illegible; &illegible; to &illegible; other &illegible; but to improve their interest, to return us again unto our &illegible; and &illegible; &illegible; 3. That Tythes, whose beginning in this Nation is known to be superfluous, and found by sad experience to be exceeding oppressive, and &illegible; to all sorts of people, especially the poor husbandman, who is thereby deprived of the benefit of his stock and labour, and hath been so often Petitioned against &illegible; a grievance to the Nation, may be wholly taken away. 4. That the people of the Nation &illegible; made &illegible; by having their Lands wholly cleared, and discharged from all manner of &illegible; and Homage, claimed by any Lord, or others, as Lords of Mannors, that being a &illegible; and &illegible; of the Normand slavery. 5. That the many great and &illegible; &illegible; of Statute Laws be well &illegible; and such only left in force as are made needfull in the Common wealth, and that all Lawes, Writs, Commissions, Pleadings, Records, and Processe be in the English tongue, and that there be Courts &illegible; in every Hundred, by twelve of the same Hundred. 6. That you would take some speedy and effectuall course for the payment of the publick debts. 7. That the present Army under the conduct of the Lord Generall be so provided &illegible; that they may not be necessitated to take free quarter. 8. That effectual and speedy provision may be made for the relief and maintenance of the poor, by improvement of Commons, and other waste lands, or otherwise, &illegible; your wisdome shall think &illegible; &illegible; the raising a stock for their imployment, that so many thousands be &illegible; &illegible; to beg, or perish by starving, which is indeed a shame and dishonour to a Nation &illegible; Christianity.

The Petitioners were called in, and (sayes one) had the thanks of the house given them for their good affections, And why not for their good &illegible; &illegible; Surely they well deserved it, if I may dare to say so.

They past a form of an Oath to be given to the Justices of Peace that shall stand in Commission, four parts in fix of them being disaffected to the Parliament, and their late proceedings; their Commissions and &illegible; are to be sent down to them. They conclude on the form of an Oath to be administred to all Citizens of London, before they be made free: And because short, take it &illegible; large, with &illegible; Act past for making null the Oaths of Allegiance, Obedience, and Supremacy.

An Act for the form of an Oath to be administred to every Free-man at his admission to his freedom in the City of London, and in all Cities, Burroughs, and Towns Corporate in England and Wales.

BE it enacted by this present Parliament, and by authority of the same. That the Oath underwritten, and none other, be administred to every freeman of the City of London at the time of his admission to the said freedom.

You shall Swear, that you shall be true and faithfull to the Common wealth of England; and in order thereunto, You shall be obedient to the just and good Government of this City of London, You shall to the best of your power, maintain and preserve the Pear and all the due Franchises thereof; and according to your knowledg and ability, do, and perform all such other acts and things as do belong to a freeman of the said City.

And be it further enacted by the authority aforesaid, That the same oath, &illegible; mutandis, and no other, shall be administred to all, and every freeman in every City, Burrough, and Town corporate in England and Wales, where Oaths are Ordinarily administred to freemen, at the time of their admission to the said freedom, in every such City, Burrough, and Town Corporate.

Die Sabbathi, 10 Febr. 1648.

ORdered by the Commons Assembled in Parliament, That this Act, and the Act so abolishing of the Oathes of Allegiance, Obedience and Supremacy, be &illegible; Printed and Published 3 And that the Members of every City and Burlough do take care to send them down into the several Counties for which they serve.

Hen: Scobell, Cleric. Parliamenti.

An Act For Repeale of the several Clauses in the Statutes of 1 Eliz. & 3 Jacobi, Touching the Oathes of Allegiance, Obedience and Supremacy.

BE it Enacted by this present Parliament, and by the authority of the same. That the Oathes commonly called, the Oathes of Allegiance, Obedience, and Supremacy, mentioned in the Statutes of the first yeare of Queen Elizabeth, and in the third year of King James, and all other Oathes of Allegiance, Obedience and Supremacy whatsoever, shall be, and are hereby wholly taken away; and that the severall Clauses and Branches in the said Acts, or any other Act of Parliament touching the said Oathes or either of them, be made void and Null, and shall not hereafter be administred to any person or persons whatsoever; neither shall any place or office be voide hereafter by reason of the not taking thereof, or of any of them, Any Law, Custom, or Statute to the contrary notwithstanding.

Hen: Scobell, Cleric. Parliamenti.

An Oath is the truth of an uncertainty, delivered according to the knowledge of the party, but to kiss the book, and lay the hand thereon, whereby to induce a belief in the ignorant, that the force of the Oath lies in that Ceremony, is most ridiculous, and of all others, the greatest foppery: To speak truth to the question propounded, is as much as can be expected; and for any form, supported by ridiculous ceremonies, call it an Oath, or what you will, its nothing binding to the party swearing, the substance of the Vow lying in the words spoken, and not in any other thing whatsoever.

A Declaration past also the last week, to maintain, uphold, and preserve the Fundamentall Laws of this Nation, and requires all Judges, Iustices, Sheriffs, and all Officers and Ministers of Iustice for the time being, do administer Iustice accordingly. I professe for my part, I understand it not, unlesse the people of this Nation shall be for ever continued under the Normand slavery. Is any man in this Nation free, that payes a Pepper-corn yearly out of his Estate to the Crown, having an Estate in Fee-simple? Is not he a slave upon Record? Besides, if the King can demand a Pepper-corn, hath not he thereby as clear an interest in my Estate as my self, and may demand any part, or the whose thereof? As in the Case of Shipmony. And must we have this still continued? Is any of our Laws fundamentally so constituted, but upon sufficient reasons may be repealed? Must the badges of our slavery (Fealty and Homage) be still maintained? To what purpose have we sought all this while, if our Laws shall not be abridged, and the proceedings thereof put into a known tongue? Is there any reason that a people should suffer by a law, when that Law must not be made known to them? Which is as much as if there were &illegible; Law to offend. Was not this the design of our oppressing Tyrants, and destructive Lawyers, to keep the people in ignorance, the better to enslave them? And shall &illegible; in the time of Reformation be still continued under this great misery?

February the 15.

THe high court sate this morning in the painted Chamber, to prepare to have all things in a readines against the 4 prisoners, formerly before them, And also in expectation of the Earle of Hollands being brought from Warwick Castle, or something (of certaine) that he is in very deed so sick, that he is not able to come, without apparent danger, in respect of his bodily disease; for in order to the Instructions of the House of Commons directed to the high Court therein, they sent Doctor Saint-Iohn, and Master &illegible; a Physician, and a Chirurgion, who had Instructions, with 4 Gentlemen of the Country, to go to the Earle of Holland, and if they finde him fit for travell, then others have orders to bring him away, but if he be not, then they are to returne without him, and give perfect advertisements thereof to the Court, which returne was this day expected; And by Letters from Warwick it is advertised, that they were preparing to bring away the Earle of Holland, And that he would be at London this night, or to morrow at the furthest, for (say the Letters) the Doctor and Physician have given in their opinions, that he may travell for any indisposition of body or sickness, without any great danger thereby.

The Dutch Ambassadors were this day to receive their answer from the Commons of England in Parliament assembled. The answer to their Embassie is, that the Parliament of England gives thanks to the high and mighty States, for their desires of a faire and good Correspondency with them, and that &illegible; their part they shall likewise endeavour it, which they desire, and good expessions of affection from the Parliament of England to them; and as to what the Estates of Holland writ, concerning the late King of England, they returne them answer; that in what they have done therein, their proceedings have been such as is consistant with the Fundamentall Laws of this Nation of England, which is best known to themselves; And that in all clearenesse they do desire that there may be a good Correspondency &illegible; the Nations.

The Commons Vote Mr. Catwich to be the high Sheriffe for the &illegible; of Cornwall, and passed Instructions therein.

An act passed the House, that upon the Sheriffes bringing in of their layings &illegible; their Accounts being passed, they shall be paid out of their owne Receipts. Which Act take at large.

An Act For the more casie passing the Accompts of Sheriffs.

BE it Enacted by Authority of this present Parliament, that the charges which the respective Sheriffs of the several Counties in England and Wales shall at any time hereafter be at, in passing their Accompts in the Exchequer (deducting the usual allowances made to them) shall upon their delivering notes of Receipts of such charges, under the hands of several Officers of the Exchequer to whom they shall pay the same (which notes the said Officers are hereby required to give unto the said Sheriffs respectively, under their hands) be deducted and allowed unto them respectively, out of the moneys which they shall pay in to the Receipt of the Exchequer, to the use of the Common-wealth, upon such their respective Accompts; And the Commissioners of the Revenue, Barons of the Exchequer, and all other Officers in the Receipt or otherwise whom it doth or may concern, are hereby authorized and required to take notice hereof, and to make such deduction and allowance accordingly.

Dic Jovis, 15 Febr. 1648.

ORdered by the Commons assembled in Parliament, That this Act be forthwith Printed and Published.

Hen: Scobell, Cleric. Parliamenti.

An act was presented to be ingrossed for reformations in the Company of &illegible; there is a burden removed, to the comfort of thousands of poor people.

There passed an order for the altering of the Sheriffes Oathes, as other Oathes are altered, and other Votes and instructions passed about their Rols, and other things relating to the Sheriffes Office, for the removing of severall burdens and inconveniences.

This day the Court being sate in Westminster Hall, the Earle of Cambridge was brought to the Barre. The Counsel for the Common-wealth required of the Court, That he might make good his plea, according to the order of the Court. The Earle of Cambridge told the Court, that two of his Counsel could not come, the one being not well, the other imployed in the publique affairs of the Common-wealth; &illegible; were there save only Doctor Walker, and he made an excuse, that he was engaged for the affaires of the State, and made some quære, Whether he might engage for him; It was declared, that they were the same that he himself desired of the Court. The Earle of Cambridge acknowledged to the Court how favourable they had been to him, and prayed that he might have other Counsell for those two who could not assist him. That was granted, and he is to send their names to the Court; he prayed also for longer time, and the Court granted him untill Saturday, he prayed for privacy with his Counsell, that will be considered of; they are for Law, not for matter of Facts. Evidence was ready against him, he prayed the mercy of the Court, assured to serve in England, and spend his blood for them, He is to appeare againe on Saturday next.

February 16.

The Parliament upon Address of a Letter from the Dutch Ambassador General, that he being upon a return to his own Countrey, desired to take leave of them, and desired their consideration of some grievances of their Merchants, who had received abuses of some of this Nation. The House referred the Petition and Ordered to send two Members to the Ambassador, to congratulate him in his return, and present the Houses respects to him. They supplied several Counties vacant of Sheriffs, and appoint 1500 l. to be paid towards the Judges charges in the several Circuits. Which might be spared, if a Judicature was &illegible; in every County: But when must unnecessary and distructive customes be laid aside?

This day the High Court of Justice again met in Westminster Hall, after the Court was called, 35. appearing, the Lord Goring was brought to the Bar; upon his coming Master Cook the Solicitor General made an excellent Speech, setting forth the heighth of the Crimes, whereof the Petitioner was charged, and the murthers, inflagrations, and violencies committed by him, and his accomplices in Kent and Essex. The Lord Goring acknowledged, that for the matter of fact, he could not deny much of it; as that he was at Rochester and Colchester and the like; but should clear himself of some particulars.

Then the Court proceeded to the hearing of Witnesses &illegible; voce against him, and Lieut. Col. Wicks, Lieut. Charls Treason, Samuel Shambrook, Lieut. Col. Shambrooks son, who was shin before Colchester, and the examination of Ensigne Carington, who was taken prisoner in Colchester (who is now sick) was read; all which proved the death of Col. Needham, Lieut. Col. Shambrook. Captain Laurence, and others. The shooting of poysoned Bullets boyled in Copperis, and that Lieutenant Col. Shambrook was shot with one of them; the cruel usage of the prisoners in Colchester, and the Lord Gorings reviling of them calling them Rebellious Rogues, &c. the burning of 500 or 600 houses at Colchester, and many other things of the like nature.

The Lord Goring by way of defence, made a Narrative of all his proceedings since his last coming into England, acknowledged his receiving a Commission from the Prince, his granting Commissions to Col. &illegible; and others (Signed Norwick,) but that what he did was out of a good intention for peace and accommodation, and that Treason being in intentions he could not be guilty of it; he not intending to raise forces against the Parliament, pleaded his Peerage, and the Articles of Colchester, by which fair quarter was given him.

To which the Councel for the Common-wealth answered, That the actions of any man were the best expositions of intentions, and his actions speak him guilty of Murther, Treason, &c. In his Peerage, the power by which the Court sate, was an answer to it; and for the Articles at Colchester, though he had at first waved them by pleading not guilty, yet that he should have as full a benefit of them as the Lord Capel, who had largely pleaded for them. After which, the Prisoner was commanded to withdraw, the Court being to consider of the Depositions against him, and accordingly to proceed.

After this Sir John Owen was brought to the Bar, and the witnesses against him, viz. Major General &illegible; Col. &illegible; and Cap. &illegible; &illegible; gave in their Testimonies concerning the death of VViliam Lloyd Esquire, high Sheriff of the County of &illegible; and divers others. Sir John Owen endevored to clear himself, he alleading that what he did, was to free himself from violence and plunder; but it was afterwards proved, that he had been in the first War, had the Articles of Conway; whereupon he was admitted to compound, and took the Covenant and Negative Oath, and yet notwithstanding engaged a second time. The Court ordered to consider of the proofs, and accordingly to proceed.

Feb. 17.

The House this day past their Declaration in answer to the Scots papers. They voted that the Scots Commissioners should have a Copy of the said Declaration, and that it be forthwith printed. The house ordered 1000. li. per an a piece should be allowed to each of the Seal Commissioners. They ordered that the Committee of Estates should fit this afternoon at Derby house, and adjourn as they should think fit. They further ordered that lodgings should be provided for all the said Committee, if desired, in White Hall, and so soon as the lodgings are compleated and furnished, the said Committee do adjourn thither, and sit &illegible; from time to time. They also voted that two Seals should be forthwith made for the &illegible; of the said Committee one of a great &illegible; the other of a lesse, and that the Arms of England and Ireland should be engraven thereon, and voted the inscription thereof to be to this purpose, viz. The Committee of Estates appointed by Parliament.

The house ordered, that his Excellency the Lord Generall Fairfax, and Col. &illegible; should be required to sit in the House, and perform their service for the Town of Cirencester, upon the former election. They ordered that the Letter from the P. Elector, concerning his intentions of returning to his own Country, with some acknowledgement of thanks for favours to him, should be read on Monday morning next.

This day the High Court of Iustice far again in Westminster-hall, the Lord &illegible; was first brought to the Bar, and several witnesses examined concerning his escape out of the Tower, viz. Col. VVest Lieutenant of the Tower, &illegible; Hall, Lewis Davis, &illegible; Standard, Lieutenant of Robert Munnings, and Nathaniel &illegible; Marshall, who clearly proved his escape, and the manner of it: The Lord Capell pleaded that he did not escape as he was a prisoner of war, but as he was sent to the Tower in another condition. The Court resolved to take this plea into consideration, and the prisoner was withdrawn.

This day the Earl of Cambridg being brought to the Bar, he first urged, That the Councel which were assigned to him, could not be ready to plead, by reason of their not having longer warning; and that it was not proper for them to plead in matter of Law, till the fact was proved: After this, the Court declaring, that he had been often moved to make his defence, he proceeded in it; and first he produced his Commission from the &illegible; of Scotland, to command all the forces of that Kingdom; after that, the order of the Committee of Estates for his march into England; and then the large Printed Declaration from Scotland, of the ground of their Armies advance into England, was produced and read, the Earl pleading, the ends of it being for &illegible; Majesties Honor, the setling of Religion, and Covenant; he also pleaded the Articles agreed upon between the Commissioners on Major General Lamberts part neer &illegible; upon his yielding up prisoner to them, whereby he was assured of quarter and life. And the Lord &illegible; Col. Robert Lilburn, and Mr. Peters, were produced as witnesses. For the matter of Naturalization, he pleaded, That his Fathers being naturalized, could not make him a Subject of England, no more then the son of an Englishman, born in any forraign parts, could intitle him to enjoy any inheritance here; That he had a Petition and Bill prepared by the Commons in this Parliament for his Naturalization which was not passed.

Much time being spent in his former Defence, and the witnesses for the Common wealth being too many to be examined, the Councel for the Common wealth desired that some witnesses might be examined concerning his escape out of Windsor Castle, which was granted and Colonel &illegible; and the Marshal of the Castle declared the &illegible; of his escape, and that he had passed his saith to the Governor to be a true prisoner, &illegible; he denied, and offered a Challenge to the Governor, had he not been in that capacity he was: But the Iudgement of it was left to the Court, and the Earl Ordered to bring his Councel on Munday next.

&illegible; Febr. 15. Sir, In my last I told you of the maner of proclaiming Prince Charls King of Great Britain, France, and Ireland. This week I have onely to acquaint you with that Lieutenant General Middleton, and Col. &illegible; of the late &illegible; Army, were in this Town prisoners; and &illegible; &illegible; given upon &illegible; as they &illegible; Gentlemen and Souldiers, to go into Scotland, and to &illegible; by a certain time, they &illegible; &illegible; &illegible; &illegible; being expired) to deliver themselves prisoners. By this, you may perceive the &illegible; of a Scotchman. Here is a Gentlewoman within few &illegible; of us, lately delivered of a &illegible; like a Colt. The Scots are for certain very active, have sent Commissioners to invite the Prince into Scotland; they are now raising every fourth man in Scotland, and have appointed a Committee to nominate the Officers of this new Army; &illegible; designe lies in Ireland, send but over speedily a considerable force into Ireland, and &illegible; the Scots conjunction with the Rebels, and for all this vapor, never fear their march into this Nation.

Pontefract Feb. 17. On Thursday last one Mr. George Beaumont, &illegible; of South-Kirby, near Pontefract, a very subtill and notorious enemy to the peace and good of this Nation, being charged before a Councell of war here, for being one of the &illegible; with &illegible; of that cruell and treacherous design, for the surprisall of Pontefract Castle, and for being an active instrument in advancing, fomenting, and continuing another war in the Kingdom, not only by that design, but also by practising and entertaining private intelligence with the said &illegible; &illegible; &illegible; and other enemies within the said Castle, lately, and since the surprize thereof, by Cyphers, and otherwise, contrary to the Articles of war, and other high crimes and misdemeanors: by means whereof many wel-affected people, and others have been cruelly slain and murthered, many houses plundered and wel-affected families undone, and this whole County (besides divers other Counties) reduced to &illegible; charges, great troubles and miseries: At first he pleaded ignorance both &illegible; & &illegible; but proofs being &illegible; he at last confess the fact (though no more then was proved) and pleaded pitty; &illegible; upon the whole matter taking into consideration the great danger of more troubles being raised here, by those means, for the relief of this Castle, the much innocent blood that hath been already spilt, crying for vengeance and Iustice to be done upon such notorious designers; The necessity of making some speedy example, in regard he was found so clearly, and highly guilty, and the providence of God so clearly pointing &illegible; this notorious guilty Priest. He was (nemine &illegible;) condemned to be hanged, and was accordingly executed yesterday on a &illegible; in Pontefract, in view of his friends in the Castle.

This &illegible; being promised his life, upon discovering the Key of the Cypher, yet he chose rather to be hanged, then discover it; so that it appears (and he did not deny it upon examination) that he was sworn or engaged to &illegible; both for persons and things; that the matter contained in those secret Notes, are of great concernment, if they could possibly be unlockt; but it is more then probably supposed, that there are some private &illegible; for more troubles; and its somewhat clear, that they import relief thereby. There have been four or five of these Cypherial Notes discovered and intercepted, but no Key found out, so that they are not understood. More Cyphers are discovered by the enemies &illegible; lately come forth upon a Message, discovering another dangerous Priest.

&illegible; the Priest, a most notorious Rogue, and Scout &illegible; for the Castle, was taken buying Hogs at &illegible; for relief of the &illegible; as ’tis thought. Many &illegible; of relief, but I hope the course when will be effectual to prevent all private attempts, or underhand workings.

Six or eight of our men were slain the last week by a desperate &illegible; from the Castle and about fourteen &illegible; prisoners; the principal. &illegible; who was sent from London slain, and another &illegible; &illegible; &illegible; quite off. As for the Castle, it is ours when we &illegible; to accept of it upon fair quarter, which we are not yet induced to grant, &illegible; rather put Justice in execution here, as you have lately done in the South.

York. Feb. 17. Sir, I doubt not but you will bear of the execution of Mr. &illegible; (a &illegible;) at Pontefract Leaguer; and though he was a very Knave, yet there are as &illegible; Knaves &illegible; he left in the Pack, not onely of the Episcopal, but also of the Presbyterian Clergy, who endevor all that possibly they can, to put the Kingdom in another &illegible; and till all the corrupt Lawyers and covetous Clergy be served in the same kind, never expect good Laws or Doctrine in the Nation. I doubt not but Justice will be done upon &illegible; in the &illegible; as well as in the South; for as I apprehend the business, we &illegible; &illegible; a settlement; but ’tis in vain, till Justice and Judgment he executed. We observe here Delinquents will never be quiet, while countenanced by impunity; but &illegible; them once know, we are in earnest, then its very probable they will not dare to meddle. And since that threats without stripes will not serve them, let them have stripes without threats to destroy them. If you let &illegible; and Capel go free, and not headless, we will never march out of the North, to lay close siege to Colchester, to make the Rogues yield to mercy any more; but let them go without heads, and be sure all the &illegible; Cavaliers of the Kingdom will go without hearts: And be sure, let Hamilton pay his reckoning in England, and not go Scot free for all the precious lives lost at Preston.

Westminster the 19. The Parliament this day spent much time in reading and &illegible; of a Letter from his Highnesse, the P. Elector, shewing the ground of his return into his own Countrey, returning his humble thanks for their constant and honourable favour to him, desiring the continuance of his &illegible; of &illegible; l. per annum, and pay of the 6500 l. Arrears thereof due unto him, with the Passe of the House for himself, his Attendants, and 40 horses: The House hereupon Debated, and the result thereof was. That the Arrears of 6500 l. due unto him upon his Sallary should be forthwith paid him out of the Revenue: That Mr. Speaker should grant his pass to his Highnesse the Prince Elector for himself and Attendants, the names of all which he is to present to the Speaker, and engage that &illegible; go over with him but his own Attendants, and for forty horses and Geldings to be transported with him. As for the principall &illegible; (the continuance of his Stipend) I hear it was left out, till another opportunity give occasion to insert the same. A Report was made by Lieutenant General Crumwel, Chairman of the Committee of Estates, that according to the Order of that House, nineteen Members of the said. Committee had subscribed for approving of the Kings Execution, and the Lords election, but that 22 of the said Committee had refused, whereof all the Lords were part; not but that they confest (except one) the Commons assembled in Parliament to be the supream power of the Nation, or that they would not live and dy with them to what they should do for the future, but could not confirm what they had done in relation to the King and Lords.

The house had much debate whether this report should be committed, and it was resolved in the affirmative, so that the further consideration hereof is to be resumed to morrow. They voted the Letters sent this day by severall &illegible; with printed Proclamations therein, directed to severall Sheriffs, to proclaim Prince Charls King, &c. should be referred to the high court of Justice. Letters this day came, desiring monies for paying off most of Sir &illegible; &illegible; forces. The house being informed that the Delinquents of Kent, if they had paid any reasonable Composition for their Delinquencies, would have more then paid of those forces, but that too much partiality hath been used therein; the house referred &illegible; whole businesse to a Committee for examination thereof, what the souldiers are in &illegible; how many Delinquents were to compound in that County, and what partiality hath been used therein. The Earl of Cambridge was this day brought to the &illegible; no Councell on other side pleaded, but witnesses examined on both sides, to prove that he had, or had &illegible; Articles before a prisoner, and the businesse to be heard again to morrow.

London, Printed for R. W.

&illegible; G. M.

The Moderate: Impartially communicating Martial Affaires to the Kingdom of ENGLAND.

From Tuesday February 20. to Tuesday February 27. 1649.

WIsdom shines in the midst of Anger, and Treachery &illegible; the end of Conquest: &illegible; policy including both, makes them subject to for did slavery. If this &illegible; Wisdom cannot stand, Treachery &illegible; by &illegible; &illegible; and if Humane policy be not yet satisfied with the cup of Fury, let her be drunk with the diegs of God &illegible; displeasure. To take down Episcopacy, and erect &illegible; is equal folly: And to pull down one Idol, and set up another, is equal Popery. Shall a &illegible; &illegible; &illegible; be again capable of that great trust, to sit at Holm, and the &illegible; not guilty of their ensuing misery? or can the Master and Commanders of the ship be elected herein, without breach of fidelity? Was it the Kingly office, or matter of fact, that rock off Charls Stuart? If upon the former, unjust; the &illegible; lawful. But to the Question indeed. How came it, that the House of Peers became burthensome, and useless, and dissolved? Was &illegible; &illegible; Peers &illegible; or &illegible; for passing the Ordinance, to raise Forces in City and Suburbs under Massey; to man the Line, and oppose, fight with, kill, and slay this Army? For taking off the Votes of the Non Addresses; &illegible; Personal Treaty &illegible; the late King, after twice conquered, and when he had nothing to treat for; and likewise declaring the Kings Concessions a sufficient ground of settlement? Answer. If the House of Peers had not been guilty of the same offences, &illegible; many of the Members of the House of Commons (for which they were elected) they had doubtless be &illegible; yet &illegible; That being equally guilty herein, It was equally just, in dissolving &illegible; &illegible; is including the other. That being equally dissolved and excluded, for the same offences. Why should the Lords, not onely have the freedom to be elected Members of Parliament, during this Session, but likewise be capable of that right, to be chosen of the Committee of Estates (as great, if not a greater trust then the formes) though guilty of the same and higher offences then the other? Who are not capable of either, except one, which was to be secluded, but was not, and readmitted upon favor.

The Laws of this Land hold out an equal right and common Interest to all; but why (in prosecution thereof) we should not yet have the same maintained, as well against the Lords, as Commoners, (though against the late King held forth, and declared, That the Law admits of no respect of persons,) I am unsatisfied. As the Law is mine Inheritance, so does it maintain mine Interest; and if it respect no persons, that Law is to be dissolved, before any persons can be respected, Lords or others, above Commoners, (being guilty of the same offences.)

Quere 1. Whether any of the Members of the House of Lords (which upon matter of Fact was abolished, as the Bishops, and are no essential part of the supream Authority of the Nation) ought to be intrested with the Lives and Estates of the people (by whom their power fell, and whom they take for their greatest enemies therein) especially having Voted a Personal Treaty with the late King, and approved his Concessions to be a ground of settlement; denyed to joyn in the Ordinance for constituting a High Court for tryal of him, and after justice justly executed upon him, deny to approve thereof, as lawful, (and by consequence, leaves the guilt thereof upon the supream Authority, as illegal) or the dissolving of the House of Peers; leaving the same blemish upon them for that, at the former, or are capable (upon those grounds) of such great Trusts, either to sit in Parliament, or Committee of Estates, as Representatives of the Commons, though they will not confess themselves Commoners (and so long enemies to equal freedom, and common justice?).

Quere 2. Whether those Members that were enemies, or &illegible; to the taking off the Kings head, and abolishing the House of Lords, and have since declared their disapproval of both, or either (the &illegible; and Settlement intended depending upon both) are, or ought to be capable of sitting in Parliament, or Committee of Estates, till they approve, as well of one, as the other?

Quere 3. That if such Members so guilty, and dissenting, shall notwithstanding be still continued in both: what benefit, safety, or freedom can the honest people of England, who have stood by the Parliament with hazard of Lives, Estates, and Fortunes, both in the Kings execution, and the Lords dissolution, expect, or hope, either from P —— or Committee of Estates, twenty one in fourty being so guilty, or such dissenters, as aforesaid.

There is a Petition again on foot in the Army, in further prosecution of their just desires, which take here.

To the supream intrusted Authority of this Nation, the Commons assembled in PARLIAMENT.

The humble Petition of divers of the wel-affected Officers and souldiers of the Army, under the Command of his Excellency. Thomas Lord Fairfax.

VVE having seriously weighed and considered the late Votes of this House, in which the people are declared to be the supream Power, and from whom all Just Authority is derived: The consideration of which hath imboldened us to make known and discover our own, and the Kingdoms grievances; which cry aloud for Iustice to be speedily and impartially executed: without which we cannot chuse but look upon our selves as a dying and ruinated people: All which we apprehend is comming upon us like a Deluge, unlesse God be pleased to appear for us, inraising up of your Honors to stand for us in the Answering of these our Just desires.

1. To make and establish such wholesom Laws (in our native language) as may preserve the interest and liberties of this common wealth.

2. That all Tyrbes may be &illegible; ever speedily abolished, &illegible; &illegible; &illegible; &illegible; come in the place thereof.

3. That no punishment be inflicted upon any person for the &illegible; of &illegible; &illegible; in matters of Religion, it being destructive to the Freedom of the Common-wealth. And that all such as are now in custody for such &illegible; &illegible; &illegible; be set at liberty, and reparation given them for their unjust imprisonment.

4. That all Committee men, Excise men, and all other persons whatsoever, that have had to deal in the publike Treasury of the Nation may speedily be called to an account for all monies received by them; and for the time to come the &illegible; burthen of Excise may be whally taken away from this Common-wealth.

5. That all persons, of what condition or quality soever, may have iust, and equal Administration of Law, according to the nature of their Actions.

6. That a speedy course be taken for the enlargement of all persons that are imprisoned for debt, and have not wherewithall to satisfie their Creditors: And a course also taken, for the making such persons pay their debts (being able) that shelter themselves in a prison, on purpose to defraud their Creditors; by which means many honest people are brought to ruine.

7. That all persons whatsoever that are now in prison for pretended words or forgeries, may be brought to a speedy trial, and chose whose innocencie shall appear, reparation may be given them for their false imprisonment.

8. That speedy provision may be made for the continual supply of the necessities of the poor of this Nation; whose miseries cry aloud in our ears for redresse.

9. That constant pay may be provided to supply the necessities of the Army; that the souldiery may be enabled to discharge their quarters, and for the future, prevent that which hath been so much complained of, (viz.) Free-quarter.

10. That all the arrears of the Army, and the rest of the souldiery of the Nation, (who have been in actual service for the Parliament and continued faithfull therein) may be audited; and a course taken for the speedy payment of them, out of the revenues of the Crown, Deans, and Chapeers Lands.

11. That whereas several souldiers of the Army; by their tedious and hard service last summer, and since they came to London, have lost and spoiled many of their horses, and by reason of the smalnesse of their pay, are not able to furnish themselves with any more: course may be taken for a speedy supply of our wants, that we may be enabled to perform that service which is expected from us.

12. That whereas we, with many other of the Common wealth have been much abused with Clipt money, therefore we desire some course may be &illegible; for the speedy prevention thereof.

13. That the articles of war now may be renewed and mitigated, as being too severe and tyrannous for any Army of free born Englishmen, and that Martial Law may not be so frequently exercised in such a cruel maner.

14. That the souldiers may not be put upon the execution of civil Orders, or Ordinances, as seising upon unlicensed books, or Printing Presses, or in distraining for moneys, or the like; until (in those cases) the Civil Authority hath been &illegible; resisted; that so the people may have no cause to complain (as they do) of our &illegible; upon their liberties.

An Act for further inabling and authorizing Iustices of Peace, Sheriffs, and other Ministers of Justice therein named, to act and proceed in the execution of their Offices and Duties, untill their severall Commissions shall come unto them.

FOr the avoiding of all doubts and questions, that shall, or may arise touching Commissions of the Peace, and other Commissions, and concerning Letters Patents, or Commissions to Sheriffs, or other Officers, or Minister of Justice. Be it declared and Enacted by the Authority of this present Parliament, That all such person and persons as were Justices of the Peace at the time of the death of the late King Charls, in any Counties, Cities, Precincts, Liberties, or places in England, the Dominion of Wales, or Town of Berwick upon Tweed, by force and vertue of any Commissions, under the great Seal of England, and had by such Commissions power and authority to enquire of, hear, or determine Felonies, Trespasses, and other offences, and do other things in the same Commissions more at large expressed: And all such person and persons, that at the time of the death of the said late K. by force of any Commissions, or Letters Patents under the great Seal of England, were Sheriffs of several Counties, Precincts, and places in England, the Dominion of Wales, and Town of Berwick upon Tweed, shall by force hereof, and by authority of this present Parliament stand, and be, and shall be adjudged, and taken to stand, and be full and perfect Justices of the Peace, Iustices of Oyer and Terminer, and Sheriffs respectively, of and in their, and every of their several respective Counties, Cities, Precincts, Limits, Jurisdictions, and plates respectively, from, and immediately after the death of the said late King, and shall so continue and be, untill there shall be new Commissions, and Letters Patents, or Commissions under the great Seal of England, for the constituting of the Iustices of the Peace, and Oyer and Terminer, and of such sheriffs of, and in the said severall Counties, places, and precincts respectively, made, and duely published according to the present Government: And that they, and every of them, for, and during the time aforesaid, shall likewise be adjudged and taken lawfully to have, and shall and may lawfully have use, exercise, and enjoy all and every the Jurisdictions, powers, and authorities whatsoever, which by the Laws and Statutes, Justices of Peace, Oyer and Terminer, or Sheriffs respectively, might lawfully use, exercise, or enjoy. And be it further enacted by the Authority aforesaid, that the said respective Sheriffs shall have full power and authority, and are hereby enioyned to execute and make return, according to usuall course of all Writs which issued out in the life time of the late King, and were returnable after his death. And be it further enacted by the Authority aforesaid, That all and every Act, returne of any Writs, or other thing whatsoever, had, made, done, used or exercised, or to be had, made, done, used or exercised, during the time aforesaid, by the said Justices and Sheriffs respectively, or by any other Officers or Ministers, or other person or persons whatsoever, by Command, or Authority, by, or derived from, by, or under them respectively, shall be as good and effectual in Law, to all intents and purposes, as the same should have been, if the same had been made, done, used, or exercised by them in the life time of the said King, although no Oath hath, or shall be taken by such Iustices, Sheriffs, their under Sheriffs, or other Ministers, any Law, Custom, or Usage to the contrary in any wise notwithstanding.

Die Sabbathi, 17 Februarii, 1648.

ORdered by the Commons assembled in Parliament, that this Act be forthwith Printed and Published.

Hen. Scobel, Cleric. Parliaments.

Febr. 20. The Commons approve of four Merchants Ships to go out with the Fleet, under their own Commanders. They Vote a security for advance of 3000 l. for the sick Souldiers. Referred it to a Committee to make sale of the Crown, Jewels, Hangings, and other Goods of the late King.

Feb. 21. They Ordered the Earl of VVarwick his Commission, as Lord Admiral, to be called in And high time for so doing. And Ordered an Act to be brought in, for constituting Col. &illegible; Col. Blake, and Col. Popham, Commissioners of the Navy, and Cinqte Ports, Letters to the several &illegible; &illegible; &illegible; &illegible; &illegible; payment of the Excise, which the people will not longer &illegible; in &illegible; &illegible; A Writ Ordered to be Issued, for Election of a Knight of the &illegible; &illegible; &illegible; in the place of Sir Francis Pilt, late deceased. Earl of &illegible; is thought will carry &illegible; Faces about, and as we were. An Act past for setling the &illegible; of &illegible;

The High Court of Iustice sate this day in Westminster Hall, the Lord &illegible; being brought to the Bar, an order of the Court was read unto him. That he had liberty to make what defence he could for himself, but gave him no more time, And then the Court would proceed to Iudgement, either to condemn, or acquit him. He pleaded (the Articles at Colchester) free quarter granted him. That the sword frees him from any civil power, That English have had the benefit in &illegible; That for his breaking out of Prison, divers that were in Colchester did so, that have since compounded. That breaking prison was by Law but Felony, and to have the benefit of the Clergy. The case of &illegible; was &illegible; by the Councel against him. That though David had sworn to him, by the Lord, saying, I will not put &illegible; to death with the sword, 1 Kings, 1. 8. yet afterwards, when &illegible; broke away from his confinment at Ierusalem, and went to Gath to Acish to seek his Servants, ver. 40. King Solemon (his son) Commanded Benejah, who went out and sell upon him, and &illegible; him to death, verse 46.

He moved the Court, That if he must be Tried by a civill power, it might be either by Bill, and so per pares, or else by Common law, by a &illegible; And alleadged The Act of the House of Commons for maintaining the Laws of the Land. Alleadged Magna Charta, the Petition of Right, An Act made in favor of those who assisted K. H. 7. And Alleadged the Presidents of the L. Strafford, and B. Canterbury, And that what he did, was by Commission from the King, then in being. Put the Court told him, that he might make his plea for himself as well as he could, and asked if he had any thing else to say, minding him of the Order of the Court for proceeding to judgement after this day. And gave him an houres time to withdraw.

Then the Earl of Cambridge was brought to the Bar, divers witnesses came in against him, who alleadged severall things as to proof, concerning his naturalizing in England, as for the time of his birth. And also as to the &illegible; &illegible; &illegible; one said he heard one of the Commissioners that &illegible; say, that Duke &illegible; was to be at the judgement of the Parliament, not withstanding the Articles; others said, that he sent for a Guard during the treaty, to be preserved from the violence of the Souldiers, and looking out at a window, desired them to be civil, saying, he was at their mercy; others, concerning the time of the articles, &c. When the Lord Capel was again called for, and brought to the Bar, He gave the Court &illegible; for their patience, and that they had given him leave to withdraw, and be private for an houre, but had nothing more to trouble them with.

Feb. 22. They referred it to the Councel of State for preserving the Library, Statues, and Meddals at St. Jamses; and for preserving &illegible; in the Kingdom for the service of the Navy.

Duke Hamilton this day brought in his witnesses to the High Court of Justice, who speak much as to the Articles of mercy in his behalf.

The Humble Petition of the Clergy, Nobility, Gently, and the Commons within the Province of the Isle of France, together with the City of Paris, Sheweth.

THat being very certain of the good consent and &illegible; of the three Provinces; and several Counties within this Kingdom, and chiefly of all the great Cities and Towns, being well assured of their good wils and intentions, as well by word, as also in writing, and by the Conjunction of their interest; which is thus, I hat since the death of Lewis the 13. of happy memory, although the Princes, Nobles, and Officers of State, well remembring the great injuries, and intollerable evils which they have endured, as also the whole Kingdom, and that by those that had assumed the Regal authority under the name of the chief Ministers of State, did openly protest, That for the time to come, they would not suffer that a particular man should be so lifted up, as to go even beyond the Kings power, to the great oppression of the whole countrey, nevertheless by their great indulgency, it hath hapned, that a stranger, named &illegible; Mazarini, is attained to that great place, being not raised thereunto, either by Birth, Education, Merit, or any other good service to this State, seeing it is well known he is originally descended of &illegible; and so a natural subject to the King of Spain, his birth being very mean and low, and he being a serving man in his youth in several places in Rome, where having spent that time, even in the most loose kinde of life, as is used in that countrey, and having by his wiles insinuated himself into the favour of some eminent person, who bare the greatest sway in the Government, was by them promoted, to make use of him for their own private Interests, that so he might be an instrument powerfull, and as a spy, to further their wicked designs, and so is become very powerful upon the heart and Councel of the Queen Regent, keeping low all the Nobles in the Kingdom, there being no other authority at Court powerful but his own, and in all State affairs handled as well within as without the Realm to the great scandal of the Royal family and the whole Kingdom, as also to the open derition of other Nations; besides, that for six years past, he hath more prejudiced, wasted, and spoiled the Realm then an open enemy could have done, although he had come with open forces, and in a conquering way; for he hath put out of favor, banished, and imprisoned without a cause, or any form of Iustice, the Princes Officers of the Crown, and Members of Parliament, besides the Nobles, and those that were the Kings and Princes best subjects, and servants most faithfull; hath poysoned some, and among those, is the President Battalion, being counted to be well-affected for the Kings service, and the good of the State, he hath none for his Domestique servants, or familiar acquaintance, but such as are extreamly wicked, men of no reputation, and faithlesse, Traitors, Oppressors, and having no Religion, but being very Athelists. He hath assumed the place of being the Kings Governor, that so he may be brought up according to his own minde, and so hinder his Majesty to have the knowledg of those things fit for a King to understand, that so he may have still the Lordship over him, and keep him adverse unto the honest party, viz. against his Parliaments and good Cities, left at some time they come neer his Majestie, and represent unto him the sad conditions wherein he intends to bring them: he hath corrupted whatsoever remained of faith and sincerity at Court, and that by cunning dealing, perfidiousnesse, and like cheating hath by his example brought in unlawfull games and revelling at Court, which hath been the undoing of many great families; hath favored unchast living, and rapes, there being more examples thereof since his time, then in an hundred years before; hath put men of good worth out of their places, without heating them, and putting in those very unfit and il deserving, that so they might become his creatures, and be at his own command; hath violated, and kindred the course of justice, so that none can be had against those that have any relation unto him, stopping the proceeding begun against many, indited for hainous Crimes, breaking and anulling daily the Sentences and Orders from the sovereign Courts, by removing the Cause, and getting Orders from the Councel-Board; and which is worse then that, he hath robbed, and wasted all the moneys of the Exchequer, and by that means reduced his Maiesty to extream want, and his Subiects in a condition worse then death it self; for he hath not onely wasted all the Treasury, which upon good accounts amounts unto five or six millions of pounds sterling, but besides, he hath consumed three years of those revenues, thereby to bring a confusion, and have all the accounts out of order: he doth authorize, augment, and increase the number of that cursed crew of Patentees, which for the most part come from Saquays and Grooms, take upon them an insolent power over the whole Kingdom, have brought the Taxes in the form of a Monopolie, who by means of their companies of free-locks, who are no better then so many Devils incarnated, hath created a vast number of Officers of all sorts, and daily raised imposts not possible to be born; and to finish, and bring to passe their wicked designes and purpose, they used all manner of cruelties and tortures, which was able to draw the marrow out of the bones of the unhappy French, who wished often to forsake all they had, provided they might have been quit and free of their burdens, although they did eat grasse for their food like bruit beasts, there being at one time in the several Counties of this Kingdom, 23000 prisoners for not having collected those Taxes and Impositions, whereof five thousand died in great want and misery in the year 1646. as it appeareth by Registers and Books of the Keepers of several prisons; yet for all this, although it is evident, that he hath consumed above an hundred, or an hundred and twenty millions of liures, as it may easily be proved, by an account drawn of those monies proceeding from the Taxes, Customs, Imposts, Patents, Court of wards, and other wayes to bring in moneys, he hath paid neither the Army nor the pensions, although he produceth great sums of moneys, by him paid, the better to have a cloak to cover his Theevery: Neither hath he furnished the Frontier places with such necessaries as they ought to have been, leaving them unprovided of Men and AMMUNITIONS, neither supplied the great want of the Navy, and the Artilletie, there being due at this present, above 4 yeares pay unto them both: hath &illegible; rewarded in the least manner, the men of worth and vallour, neither given any recompence unto those who have freely ventured their lives and estates for the good of the Country; but on the contrary, he hath caused to perish with hunger, and misery, almost all the Kings Armies, which in five yeares space have received but two months pay every year, and by these means above 120000, men have perished through extreame want, and suffering, they being in a strange Country: so that it is certain, and it may be proved by good witnesses, that he hath devided these great sums of monies with those that he hath authorized, and advanced himself, having swallowed up the greatest part, which he hath transported out of the Kingdom, aswell by bills of exchange, as In &illegible; and Jewels, and that under colour to maintaine a war in Italie, and to conquer some places, as &illegible; Portolongone, &c. And albeit the world knowes full well that he hath left those garrisons in a sad condition, there being due to them at this present 8 moneths pay, and moreover, he hath not given order for repairing the said fortifications, so that those places are not able to hold out long against any on set of the enemy; besides all this, to seek a pretence for the continuation of the Ware, by Sea and Land, and all under one. In his theevory and robbery, he hath put off the concluding of the peace, when it might have been made in a most advantageous way for this Kingdom; and all our Armies being victorious, and upon the point to perform some great action, through his great malice, hath broken, and turned aside all their brave &illegible; making no conscience to ruinate and undo those Armies, and to expose to &illegible; danger, the Princes that did command them; as it may appear in &illegible; &illegible; siege of &illegible; twice, at the surprizing of &illegible; by the enemy, and the &illegible; of Naples, which he hath suffered to perish, and come to nought; not without a strong suspition, that he held intelligence with the States Enemies, that so he may finde refuge with them, when that the Kingdom shall be weary of his tyrannies. All this being considered and that he is a stranger, and born in the Dominions of the Spanish King, and therefore incapable to bear any office in this Kingdom, according to the Laws of the Land, the Kings several Proclamations, who have often banished the Italians, and by that authentical Statute made in the yeer 1617. which happened presently after the death of the Marshal d’Anere. You will be pleased therefore: make your Addresses to the Queen Regent, concerning the great &illegible; that the said &illegible; hath brought upon the Kingdom, and will also for the time to come, in case he remains any longer in the Realm, in this illegal and violent Domination, as also to shew and remonstrate to the Princes of the blood, the hard captivity the Ministers of State have brought them, and all the Subjects of the Kingdom to, for so long time; the many dangers they have incurred at several times, through their malice, to set before their eyes the reproaches which will &illegible; to posterity: how they have been over seen, and not to suffer for the future, that the King or the Royal Family be kept by a stranger in a perpetual bondage: Therefore that His Majesty, and the Princes, to prevent the inevitable dangers which may ensue unless it be speedily remedied, and that in causing the said &illegible; to be &illegible; and to call him to an accompt for those moneys he hath consumed, and &illegible; and so inflict upon him some exemplary punishment, according to his &illegible; and deserts, for those high crimes he is guilty of; and that this Kingdom, the King, Princes, and the people, fall not in the like slavery for the time to come: that the Princes may be pleased to take the pains (as being children of the house, and their own interest being joyned with that of the State) seeing that the favorites are always of a contrary disposition; they will therefore manage the publike business themselves, and no more suffer the favorites to bear the chief rule, seeing they have always betrayed and sold their interest; that they would be pleased therefore, to take the Government into their hands, and so rule with the advice of the Lords, and others of known integrity, and experience; and not any more suffer to come into the Counsel, any persons that are base, corrupted, and such as the said &illegible; hath now introduced: That so having cut off all the Impost, and other &illegible; of Tyranny, and finde a present remedy to those many disorders derived from thence, they may be able to govern the Kingdom according to God, and the Kingdoms Laws, conclude a happy peace, that so the people, who are now gasping, may be able to breathe; and finally to make this Nation so mighty and happy, within and without, that they may neither fear the oppression of wicked Counsellors within, nor invasions from forrain enemies. The said Petitioners, together with all other true Frenchmen, do protest and declare, that being as yet (thanks be to God) very numerous, That without a speedy remedy be sought, and given according to the present necessity, they will bestow, and lay out, if need be, their lives and fortune, for to finde a sudden redress; and will use all the means which nature and their duty teaches them, for the defence of their King, their Countrey, their Liberty, and their Lives.

Resolved by the Commons assembled in Parliament, That Mr. Iohn Holland, Surveyor, and one of the Commissioners for the Service of the Navy, he allowed &illegible; &illegible; &illegible; for his salary: that The Sub, and P. Pit, and Mr. W. &illegible; three of the Commissioners for the service of the Navy, shall be allowed 250 l. per annum to either of them respectively, for their respective Salaries. That 100 li. per annum be allowed to their Clerks, that all other Fees and Perquisers belonging to Surveyors, Commissioners, and their Clerks, or either, and every of them be from henceforth absolutely taken away, and shall not be received by them, or any of them. That the Committee of the Navy do give power to the said Iohn Holland, Tho. Smith P. Pit, and Mr. W. &illegible; Commissioner, for the service of the Navy, and their Clerks forthwith to Act accordingly, and that a Bill be brought into that purpose. And that it be referred to the Councel of &illegible; to consider of, and report to the Parliament some reasonable increase of the Sallaries to Officers in the &illegible; whereby they may be enabled to maintain themselves in the service without abuse to the &illegible; to be allowed upon the return of their ships to Harbor, and delivering up their respective charges to such Officers as shall be found faithfully to have discharged their respective places without abuse to the State, and wilfull &illegible; of the stores or goods, committed to them respectively, or otherwise, and to such only and the said Councel are also to prepare and represent to the Parliament sitting Laws or Rules, with penalties for preventing any such abuse or &illegible;

Feb. 22. An Act ordered to be ingrossed, enabling the Commoners of London, to call a Common-Councel, if the Lord Mayor, and Aldermen refuse. This Charter the greatest of the Kingdom, being dissolved hereby, why should all other Charters in general, which though they may hold forth something of ancient right, yet essentially are illegal, because ground by &illegible; who &illegible; had any right or power, but the sword to give them. The Ordinance for sale of Dean and Chapters Lands, read the second time and committed. Pray let not so many Members and Committee-men be purchasers, as in the sale of Bishops (though in others names,) The value of these Lands amount to neer four Millions, as already compared; which if advanced, what need have we of Excise, Free-quarter, or other burthen, or Assessment? Will not four Millions maintain the two Armies in England and Ireland three yeers compleat with all &illegible; charges? and will not eighteen moneths (in all probability, with Gods &illegible; &illegible;) settle both, and end the work, unless you make more by the Teste for the Councel of State, which was reported; and though the House Ordered upon the former Report, That they should subscribe, by way of approbation, to what the Commons had done in a bolishing the House of &illegible; and executing the King, yet upon this second Report, it was confirmed by the House, without subscribing to either, though the major part of the said Committee of &illegible; did refuse, and still do, to justifie the supream Authority in these highest transactions, but hopes to enjoy the benefit of both, in being upon this score thus accepted.

This day the High Court sate, and the Earl of Cambridge was brought before them, about forty Members of the &illegible; present, the Earl was first to make his defence concerning the Articles at Uroxeter, he first produced Mr. &illegible; as a witnesse to declare his know &illegible; the rendring himself prisoner to the Lord Gray. Then the Earl desired Lieut. Col. &illegible; Major &illegible; and Major Williams Hamilton might be sworn, but it could not be admitted, by reason they were &illegible; &illegible; and Officers under him, only &illegible; Court heard them &illegible; concerning the Articles, delivery of &illegible; &c. &illegible; them Captain Spencer of Colonel &illegible; Regiment was sworn, who made an exact Narative between the Earl and Maior &illegible; Lambert. The Earl pleaded, that &illegible; to his taking the Negative Oath, he had not broken it, for he had not engaged against the Parliament, but for the ends in the Parliament of Scotlands Declaration, &illegible; his Councel moved they might meet the Councel for the Common wealth about stating the Case, but it was denied, in regard no such thing could be made in matters of treason, but they might only declare their opinions in matters of Law: The Earl desired; in regard the particulars against him were long, he might have farther time granted to make his defence, which was agreed to provided he speak before his counsel were heard in matter of Law, and the day assigned Saturday 10 of the clock.

Feb. 23. They Vote all Delinquents in South wales to be discharged of &illegible; that are not worth eight pound I and per annum or 100 l. personal estate. And why should these Delinquents be capable of more favor, then the rest in the Kingdom? If we all live under one Law, let us have one Law to hold out equal right, and favor to all. They refer the grand Delinquents of those Counties to composition, as the rest of the Kingdom. This is just. They Vote all Members that have not appeared in the House, since the 31 of December last, shall be secluded till further Order. This is a hard case, if they have the leave of the House to be absent (as many of them have) without limitation of time: or if there have been no call of the House since, to require their attendance. But is not then the case &illegible; indeed, when those Members that were present, and appointed Commissioners for tryal of the late King, refused to attend that service, and others likewise, to be named in the Commission; and though not appearing therein, or abolishing the House of Peers, and their approbation the &illegible; But now desired by the supream Authority they absolutely refuse to give the same; and yet these Members must not only be still continued in the House, but admitted in the great Councel of Estates, and that in such number, as to be the major part thereof. And being impowred to raise and command the Militia, and other Forces of the Kingdom, set forth what Navy they please, and act all this, and much more, under an Oath of Secrefie. And can it be conceived that all the well-affected in the several Counties of the Kingdom, and all the honest souldiery of the Army, and Garrisons, who particularly declared and petitioned for Justice against the late King, will be satisfied with this grand Councel, with such unlimited power, and secret Oaths, for carrying on all designes that lie in their brests, when as the major part thereof will not approve of what the supream power hath done, in taking off the late Tyrants head, or abolishing the late useless and dangerous House of Peers? Can it be expected, that ever they will trust their lives, Estates, and their Alls in such hands? And is it not much to be feared, That the honest party of the Kingdom, who have not yet &illegible; the &illegible; to &illegible; will ever submit to worship that Idol? They Ordered to sit but &illegible; Wednesday, and Friday, in every week. &illegible; &illegible; &illegible; &illegible; They Order a Committee to being all publike Receipts of the Kingdom into one This, when settled, will save eight hundred thousand pounds a yeer to the State which is now paid &illegible; to unnecessary Officers.

This day his Excellency the &illegible; Fairfax upon several complaints made unto him of the great abuse of taking Free quarter by Souldiers without order; and some pretending themselves to &illegible; Souldiers, but &illegible; not granted this &illegible; Order, or Proclamation, for prevention of the like for the future.

By his Excellency &illegible; Lord General.

WHereas Information is given That several persons, not Souldiers, do pretend themselves to be Souldiers, and produce counterfelt &illegible; and Tickets for Quarter, and take Free-quarter where ever they come, to the great iniury of the Nation, and dishonor of the Army (it being he desire and endevor of the Army that Free quarter might be taken off in all places.) For remedy whereof All souldiers are hereby required not to march from their Colours, and take Free-quarter without a Commission Officer; and the Commission Officer is not to require Freequarter upon any Ticket or pretence whatsoever until he have first shewed his Commission for his place as an Officer in the Army, and given his name, and the names of the Souldiers under his conduct. And if any shall contrary hereunto &illegible; the &illegible; Officers &illegible; &illegible; to &illegible; &illegible; &illegible; &illegible; such &illegible; &illegible; &illegible; as to the &illegible; of their offences shall be thought &illegible; by a Court &illegible;. &illegible; my hand and Seal.

Febr. 23. 1648.

&illegible;

&illegible; Feb. 23.

On the 13 instant, there was a Merchant men with 10 &illegible; and till then, &illegible; &illegible; belonging to Lime, fought all night with two Irish men of War (with &illegible; &illegible; &illegible; &illegible; in them, of the Eastermost point of this Harbor) and sunk the &illegible; &illegible; with in two miles of the shore (after the Irish had left her) by the &illegible; &illegible; received in the fight; the beginning whereof was in the fight of us and we heard them &illegible; it all night: yet here were three of the Frigots in the Harbor, the &illegible; the &illegible; and the &illegible; which lay still and never stirred our; the last of which came in &illegible; the fight begun.

Mount. Feb. 10. We had a ioyful sight this day of Cap. &illegible; our Admiral, &illegible; &illegible; and Cap. Young, with three other stone Parliament ships bound for &illegible; and passing by this place: We hope their number will be soon encreased.

Feb. 24. They are likewise to consider of the sale of all the Crown I ends of the late King, Queen and Prince, Forests &illegible; &c. VVe thank you for it, we now may be &illegible; of our burthens in good time. They Vote for encouragement to &illegible; fourteen pound a peece for every Gun in the Vice Admiral of the Revolted ships, twelve pound for every one in the Rere Admiral, and ten pound a peece for every one in any of the &illegible; provided it be above a Minion.

&illegible; 24. Febr.

SIr,

I doubt not, but the Malignants and other &illegible; persons amongst you, have before this made great brags of the proclaiming &illegible; &illegible; King of Great &illegible; at this City. But to give you the certainty of the maner thereof, and &illegible; &illegible; mis-information, I shall give you a short and full &illegible; thereof. On Wednesday &illegible; &illegible; Mr. &illegible; a disaffected Minister and formerly distracted, and now little better (especially since the late Kings execution) having got a Printed Proclamation sent &illegible; &illegible; to some disaffected persons in this City or County, did openly in the Market place, proclaim &illegible; the second King of Great &illegible; some of Colonel &illegible; his Regiment being &illegible; &illegible; in the City, and &illegible; of it, made pursuite, and inquiry after &illegible; said &illegible; &illegible; could not finde him. The &illegible; Alderman, and &illegible; of the City, &illegible; nothing of it, till proclaimed; and indeed, we cannot finde, any other that did either &illegible; &illegible; countenance the doing hereof: So much we have certified &illegible; to his Excellency by &illegible; expresse.

&illegible; Feb. 24.

We are all quiet in these parts yet, and I doubt not but we shall, prevent the enemies private designes of relieving this Castle. There came last week one of the enemies &illegible; out of the Castle, with a message, and desired he might go home for he had no minde to go in again; An Officer upon the &illegible; where this Drum was put, having been upon &illegible; duty three nights, together fell into a little &illegible; and dreamed this Drum &illegible; some &illegible; Letters about him; the Drum was frighted to at some &illegible; and upon &illegible; we &illegible; a very little piece of paper in his &illegible; &illegible; close written in Cyphers, sealed and directed [For Mr. Clark,] by whom upon examination, was &illegible; &illegible; Mr. &illegible; &illegible; &illegible; late of Rothwell, a most &illegible; us enemy, and Considerate with &illegible; this &illegible; &illegible; delivered by Sir Iohn &illegible; to the &illegible; with &illegible; to carry &illegible; the said &illegible; at &illegible; Iohn &illegible; house at Nostal Hal to be communicated to the Lady &illegible; at &illegible; Pannel but they having notice of the &illegible; discovery, by some &illegible; &illegible; in the Town, refused to town &illegible; but &illegible; (though not the right Key) is apprehended, and the &illegible; &illegible; &illegible; There was also found in the sole of the Drummers shot, &illegible; &illegible; &illegible; to be delivered as before; they agreed upon a &illegible; how to know that &illegible; &illegible; delivered those Notes to Mr. &illegible; viz. That he should come &illegible; &illegible; &illegible; upon, within &illegible; and view of the Castle, and there wash &illegible; &illegible; &illegible; &illegible; upon the &illegible; after, about two a Clock in the afternoon under a badge corner, and by that they &illegible; know it was delivered; and that he should know they did take notice of it, they would &illegible; that time fire a piece of Ordnance from the (late) Kings Tower, but the providence of God prevented the Drummer, and so ordered, that at that very time Beaumont was hanged in their view; I perceive his brother Key will be hanged too, before he will discover anything of the businesse, for he saith their Cause is Just, and whatsoever they do in prosecution thereof (though never so evil and wicked) is no sin, and the evil of it ought not to be imputed to them but to those that oppose them.

There is also one Tobias Swinden, another Priest, and notorious enemy, of the confederacy with Beaumont &c. to whom were sent some Cyphers from William Paulden, one of that Tribe, a dangerous enemy, who commanded the Party when Col. Rainsborough was killed, and is lately dead in the Castle, but this Swinden cannot be found.

Westminster. Febr. 26. The high Court sat this day, and three Common, and one Civil Lawyer was heard, as Councel for the Earl of Cambridg. They pleaded first he was no free Denizen, and though his father was naturalized and his heirs, yet he not born in the Kingdom could not receive any benefit thereof by the Law of the Land, no more then a free Denizen of England, whose issue were aliens, who could not be capable of inheriting the state of their Father, though a free Denizen, because aliens; and therefore such Estates are forfeited to the King for want of issue by the Law of this Land. That if he had been a free Denizen, yet it was not prejudicial to him, because he acted by Command and Authority of the parliament of another Nation (and not of himself) who was governed by another distinct Law. 2. He pleaded, that he had Articles granted him of fair quarter, by Maior General Lambert, who had sufficient power to give the same, and was secured in prosecution thereof, by a party of his forces; and that the Lord Grey had no power to interpose and infringe the same. 3. That he was Ordered to be banished by Parliament, paying one hundred thousand pounds for his ransom or Delinquency. The Councel was heard with much patience, and the Councel for the State, is to be heard to morrow in this Cause.

The Scots Commissioners sent this day a Letter to the Parliament, expressing much bitterness and malice as to their late proceedings against the King, calling them in that language, that my pen would blush to mention it. The house was informed that a Copy of what they had sent to the house, was in the Presse, and intended to be speedily published; They therefore voted a short Declaration, to be printed against this day, to undeceive, and take off the edge and rancour thereof from the spirits of the people. And in respect the like presumption had never been made before by any Embassadors, or Commissioners, as this, which they conceived was without Commission from the Parliament of Scotland. They ordered that a guard should be clapt upon the Commissioners of Scotland, till such time as the Parliament of Scotland do give their approbation, or disprovall of what they have done herein, but the Birds were removed, and flown the night before.

A Petition of divers Well affected Officers and souldiers of the Army under the Command of the Lord General Fairfax, was presented this day to the House by some Officers and souldiers of the said Army, desiring to take off Excise, and Tithes, Establish wholesom Laws in our own language, and many other Heads, which I shall not need to mention, &illegible; the Petition it self is printed at large in the second Page of this book. Another large &illegible; called by the name of Addresses of many wel-affected of the City of London was presented to the House and read, consisting of many Heads, for dissolving as they far, the High Court of Iustice, and the Councel of State, putting a period to this Parliament, and many other Heads, which I have not room to mention at this time; both these Petitions were referred to the consideration of a Committee, and the House adiourned &illegible; Wednesday next, when they intend to hear two Fast Sermons at Margrets Westminster.

London, Printed for R.W.

 

 


10.16. John Lilburne, A Preparative to an Hue and Cry (18 August, 1649)

Bibliographical Information

Full title

John Lilburne, A Preparative to an Hue and Cry after Sir Arthur Haslerig, (A late Member of the FORCIBLY DISSOLVED House of Commons, and now the present wicked, bloody, and tyrannicall Governor of Newcastle upon Tine) For his severall ways attempting to MURDER, and by base plots, conspiracies and false Witnesse to take away the life of Lieutenant Colonel JOHN LILBURN now Prisoner in the Tower of London: As also for his felonious RobSingle illegible lettering the said Lieut Col. JOHN LILBURN of betwixt 24 and 2500 l. by the meer power of his own will, without ever fixing any reall or pretended crime upon the said Lieutenant Col. or so much as affording him any formall proceedings, though upon a paper Petition. IN WHICH ACTION ALONE, he the sSingle illegible letteriSingle illegible letter HASLERIG hath outstript the Earl of STRAFFORD, in traiterously sulverting the fundamentall Liberties of England, and (in time of Peace) exercising an arbitrary and tyrannicall Government, OVER AND ABOVE LAW, and better and more justly deserves to die therefore, then ever the Earl of STRAFFORD did (especially, considering he was one of his Judges, that for such actions condemned him to lose his head as a Traytor) by which tyrannicall actions the said HASLERIG is become a Polecat, a Fox, and a Wolf, (as a subverter and destroyer of humane society) and may and ought to be knockt on the head therefore, by the very words of Solicitor St. JOHN’s own doctrine against the said Earl of Strafford. All which the said Lieutenant Col. JOHN LILBURN hath cleerly and evi|dently evinced in his following Epistle of the 18 of August 1649, to his Uncle GEORGE LILBURN ESQUIRE OF SUN|DERLAND, in the County of Durham.

Isa. 1.14. Your new Moons, and your appointed Feasts my soul hateth: they are a trouble to me, I am weary to bear them.

Vers. 15. And when you spread forth your hands, I will hide mine eyes from you; yea, when you make many prayers, I will not hear: your hands are full of blood.

Estimated date of publication

18 August, 1649.

Thomason Tracts Catalog information

TT1, p. 763; E. 573. (16.)

LWV

T.208 [1649.08.18] (10.16) John Lilburne, A Preparative to an Hue and Cry (18 August, 1649).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Honoured Sir,

YOurs of the a present from Durham, about Sir Arthur Haslerig and my Money, I have received: In answer unto which. I cannot chuse but acquaint you, that the Law of England “is the Birthright and Inheritance of the people of England, yea, of the meanest as well as &illegible; richest: 1 Part Parliaments Book of Declarat. pag. 459. 660. And though the Law of England be not so good, and so exact in every particular, especially manifestly proved; First, that before indictment the goods or other things of any offendor cannot in searched, inventoried, or in any sort seised, nor after judgement seised and removed, or taken away before conviction or Attainder.

“Secondly, That the begging of the goods or state of any delinquent, accused or indicted &illegible; any Treason, felony, or any other offence, before he be convicted and attainted, is utterly unlawfull; because before conviction or attainder, as hath been said, nothing is forfeited to the King, nor grantable by him; and besides it either makes the prosecution against the delinquent more precipitate, violent, and undue, then the quiet and equall proceeding of law and justice would(*) permit, or else by some under hand composition and agreement, stop and hinder the due course of justice, for exemplary punishment of the offender; And lastly, when the Delinquent is begged, it discourageth, both Judge, Juror and Witnesse to do their duty. Therefore (saith he there) let such as beg the delinquent, and prosecute against him be terrified by the villanous judgment against conspirators, which you may read before, cap. 1. Judgment and execution, fol. 222. as also fol. 143. 163. 164. and 1 par. fol. 269. and 2 par. fol. 130. 237, 238. 562. which are most excellent peeces, and well worth the reading. Therefore &illegible; what is before expressed, I cannnot but wonder upon what(*) pretence Sir &illegible; Hosterig, Col. George &illegible; and the rest of their Committee at Newcastle, can seize upon my estate in the hands of Sir Henry &illegible; and Master Thomas Bowes, and stopping my rents &illegible; Sir Henry Gibs his hands, to the full value of betwixt twenty four and twenty five hundred pounds.

For first, though the late Parliament in the height of wars, a little outstript the bounds and rules of the law, as themselves confesse in their &illegible; Declaration of the 17 of Apr. 1646. printed in the 2 part of the Book of Declarations, pag. 879 in sequestring of mens estates, in another manner and forme the law requires delinquents estates to be seised upon, because their persons by reason of the raging of the sword could not be come by, nor were all the Courts of Justice open, not the wants of the common-wealth to maintaine the wars, could not well permit so great delays, as the regular course of the law requires, which when the wars are ever (as in England now they are) they promise to amend and “to proceed according to the forme of the law, as fully appeares in their last forementioned Declaration, add severall others, as particularly the Declaration of this present Juncto against Kingship, Dated the 17 of March 1648.

Yet I am sure by the Parliaments own Ordinances, “no man in times of wars ought to be sequesterd, till it be Judicially upon Oath proved, that he hath been in arms against them, all voluntarily contributed horse, mony or plate to the King against them; none of all which in the least can be so much as be pretended against me, or ever was; and therefore no cause to pretend to deal with me, as with a Cavalier &illegible; in the least; and therefore if I have transgressed, I must upon their own principles, be deale with according to law and the forme thereof; And therefore I have not transgressed the law, but on an innocent man clearly appears by their own particular dealing with me, in that they never let me see, either Prosecutor, Informer or &illegible; against me, nor never shewed me my Indictment, Charge or impeachment, no nor so much as face to face ever laid any manner of crime to my charge; See my narrative of their originall wicked Tyrannicall dealing with me, laid down in my Second Edition of the picture of the Councel of State in the 36 pag. of which, the Copy of their mittimus is recorded, which yet layes no(*) crime to my charge, for it only commits me (Sir Arthur being one of the makers of it) for &illegible; of treason, and names no particular act, and generals in law are nothing as appears in 2 par. instit. fol. 52. 53. 590. 591. 615. 616. and by the 1 par. Parl. book of Dec. pa. 38. 39. 77. 66. 67. 101. 123. 162. 201. 203. 277. 278. 845. see also the Armies Book of Declarations, pag. 70. and my Plea before the Judges of the Kings Bench the 8 of May 1648. called the Laws funerall pag. 8. 16, 17. 11. At which tryal by strength of arguments, I forced the Judges openly to confesse, that generals are nothing in law; see also the &illegible; Edition of my Book of the 8 of June &illegible; Intituled, The legall fundamentall liberties of the people of England, revived, asserted and vindicated, pag. 5. 21. all which rightly considered, it cleerly appears, I am an innocent man, in the eyes of those very men that committed me, who never laid crimes in their lives to my charge to this present house; And therefore I can stile it no better then Robbery and Felony in Sir Arthur Haslering, Colonel George Fenwicke, &c, seizing upon my estate with a Felonious intent, to deprive me of it, without any pretence, shadow or colour of law, 2nd not only felony, but Treason it selfe in subverting our fundamentall lawes, higher then ever the Earle of Straffords was, for which he lost his head, who in his large additionall Impeachment, 1640. in the preamble of it, recorded in &illegible; and passages of Parliament pag. 120. 121. 122. to 143. is impeached as a Traitor, for precaring instructions or commission from the King, to him in the North of England, as Lord President to heart and determine causes, according to the arbitrary cause of the Star Chamber, in &illegible; of which he the said Earl in the month of May in the 8 &illegible; of the said King, and divers years following did &illegible; in practice the &illegible; Commission and Instructions, and did direct and exercise, an &illegible; and unlawfull power and jurisdiction, on the persons and estates of his Majesties subjects in those parts, and did &illegible; divers of his Majesties subjects in those parts, of their inheritances, &illegible; their possessions, and did sine, &illegible; some, &illegible; and imprison them and caused them to be fined, &illegible; punished and imprisoned, to their &illegible; and destruction, and namely, Sir Conyer &illegible;, Sir Iohn &illegible; and divers &illegible; against the lawes, and in subversion of the same; and that by virtue of the said illegall Commossion he did &illegible; Traiterously stop the efficacy of all prohibitions, and &illegible; &illegible; and would no suffer any party to be discharged, till the party performed the Arbitrary &illegible; and &illegible; of him and his associates; and &illegible; to the subversion of the fundamentall laws of ENGLAND, and to the &illegible; of those that administred them; did the 21 of March in the &illegible; 13 yeere at the open &illegible; at Yorke say, that some of the Justices were all for Law, but &illegible; &illegible; finde that the King little finger, should be &illegible; then the &illegible; of the Law; but the said &illegible; ARTHUR HASLERIG, &c. more arbitrarily and more trayterously then Strafford, having no &illegible; of REGAL, Legall or Parliamentary-Commission or authority (no &illegible; so much has from the present nothing or illegall JUNCTO, or the present illegall thing called The &illegible; of state, that ever he produced or shewed) both &illegible; and &illegible; &illegible; upon my estate, meerly by his own will and of set purpose, to &illegible; me and my family thereby, without any manner of colourable pretence, and therefore aboundantly &illegible; in law and reason more deserve to dye then the Earl of STRAFFORD did, especially considering he was one of his Judges, this in &illegible; and example to others seriously and judiciously condemned him to the Scaffold for these very things; and this Arbitrary Power exercised in England by the Earle of Strafford, is not only condemned & judged(*) Treason, but also the like in Ireland, is appears in the 3 article of his Impeachment; for that (as the article saith) it was governed by the same Lawes, where the Earle being Lord Deputy, and intending the subversion of the fundamentall lawes there, did upon the 30 day of Seprem. in the &illegible; year of the late King, in a publick Speech at Dublin, declare and publish that Ireland,(*) was a conquered Nation (and so say &illegible; great ones here England now &illegible;) and that the King might do with it what he pleased, (as Oliver &c. say they may do with &illegible;) And &illegible; this 4 Article he is impeached as a “Traytor, for arbitrarily stopping and prohibiting Richard Earl of Corke the benefit of the Law, for recovery of his &illegible; from which he was put by colour of an Order made by the said Earl of Strafford, and the Councel Table there, whom upon the 20 of Feb. in the 11 yeare of the late King, upon a paper petition, without a legall proceeding, he threatned to imprison him unlesse he would surceae his suit, and said, that he would have neither Law nor Lawyers &illegible; or question any of his Orders, and further said he would make the the Earl and all Ireland know so long as he had the government there; any act of State there made, or to be made, should be as binding to the subjects of that Kingdom, &illegible; an act of Parliament, and upon sundry other occasion (&illegible; &illegible; &illegible;) by his words and speeches, did &illegible; to himselfe a power above the fundamentall Lawes, and established governmen of that Kingdom, and scorned the said Laws and established government.

And in Article 6. he is impeached as a Traitor, “in that without any legall proceedings, and upon a paper petition of Richard Ralstone, he did cause the said Lord Moam &illegible; to be disseiled, and put out of possession (as the Trustees for Bishops Lands hath lately, but more unjustly, done my self and my Landlord* Devenish at &illegible; house) of his free-hold and inheritance of his Manor of TYMORE in the County of ARMAGH, after he had two yeers quiet possession. In the 7 and 8 Articles of which, are severall other cases of the like nature; as of Thomas Lord Dillons, Adam Viscount Losius and George Earl of Kildere, and the Lady Mary Hibhors; which eighth Article concludeth in these words, That the Earl in like manner did imprison divers others of his Majesties subjects upon pretence of disobedience to his Orders, Decrees, and other illegall commands by him made for pretended Debts, titles of Lands, and other causes, in an arbitrary and extrajudiciall course upon paper Petitions to him preferred, and no other cause legally depending. For aggravation of whose offences, in treasonably subverting the fundamentall Laws and Liberties of England and Ireland, read the Masculine speech of Mr. John Pyn against him, and the Argument of Solicitor S. John (now the pretended Lord chief Justice of the Common Pleas) against him, who toward the last end of his argument, by way of aggravation of Strafords crime in setting up an arbitrary Government, in the ever throw of the Law, saith,

The Parliament is the representation of the whole Kingdom, wherein the King as Head, your Lordilups as the more noble, and the Commons the other members are knit together in one body politick; this crime of Straffords dissolves the arteries and ligaments that hold the body together (viz.) the Lawes: he that takes away the Laws, takes not away the allegeance of one subject alone, but of the whole kingdom.

It was (saith he) made treason by the Stature of the 13 Eliz, for her time, to affirm, That the Laws of the Land do not binde the descent of the Crown; No Law, no descent at all. No Laws, no PEERAGE, no ranks or degrees of men; the same condition to all.

Its Treason to kill a Judge upon the Bench: “This kils not only the Judge, but the Judgment.

Its Edony to imbezell any one of the judiciall Records of the Kingdom: ‘This at once sweeps them all away, and from all.

Its treason to counterfeit a twenty shillings Piece: “Here’s a counterfeiting of the Law; we can neither call the counterfeit nor true Coin our own.

Its Treason to counterfeit the Great Seal for an Acre of Land: “No property hereby is left to any|| land at all. Nothing Treason now, neither against King, NOR KINGDOM, no Law to punish it. And therefore he concludes, in aggravation against Stratford, or any thing by way of Plea, advantage or excuse that can be said for him; “He that would not have others to have Law, why should he have any himself? “why should not that be done to him, that himself would have done to others?

Its true, (saith he) “We give law to Hares and Deers, because they be beasts of chase: but it was never accounted cruelty or foul play TO KNOCK FOXES AND WOLVES ON THE HEAD AS THEY CAN BE FOUND, because these be beasts of prey. Out of those own mouth (saith Christ) thou wicked servant, will I judge thee Luke 19 21. And saith Paul, Tit. 1. 12. 13. One of themselves, even one of their own prophets said, The Cretians are alwayes Lyars, evill Beasts, slow &illegible;. This witnesse is true. Therefore, I desire Sir ARTHUR HASLERIG to consider, that if he deserves death that steals a sheep or an ox, &c. because it is a transgression of a Law, (which Law, I say, in it self is unjust, for putting men to death for theft) what doth he deserve that breaks not only that Law by theft, (as he hath done in stealing my goods) I but breaks all the Laws of humane society, by murder, plots and conspiracies to take away the innocents lives? all which he hath done to me;

First, By endavouring to murder me by cruell and illegall imprisonment, and close and barbarous imprisonment; for he was one of my unjust Judges, that for nothing committed me.

Secondly, By conspiracy(**) to take away my life which is manifested by his indeavouring (in an extraordinary manner) by bribes to hire false witnes against me (as “his mother Jezabel did against innocent Naboth for his vineyard) to take away my life, and when the party would not consent to his wicked and damnable conspiracy, hee &c. hath caused him to bee most horribly whipped with fears and hundreds of stripes, by running the Gantlop from S. iores almost to Charing crosse although he was no Souldier, without so much as ever convicting him of any crime, yea or so much as ever bringing him before, either pretended Marshall or civill judicature, but meerly did it in a higher, Arbitrary, “tyrannicall, traiterly manner, then ever the Earl of Stresford acting any of his treasons, for which be lost his head; all which the said Haslerig and his Associats hath most barbarously acted and done with, and upon the body of Mr. William Blanke of Colemanttree: London, as he himself in Print notably declares, whose remarkable Narrative is already printed in Mercurius Mistrarls, numb. 3. which thus followeth.

William May of the Generals Regiment of Horse, and I being School fellows, he came unto me Febr. 17. and asked me if I and my Master were friends ver. and I told him no; then said he unto me, if you will be at Whitehail to morrow, I will help you to a place of credence; at which time I was there according to his appointment, and when I had spoken with him there, he had me into a Chamber where were many Officers of the Army, as also Captain Story. Mr. Lovender, Mr. John Goadwin, Mr. John Price, and Mr. &illegible; Shoomaker, where they offered to me and nine more an Oath of Socrecie, which is as followeth:

YOu shall swear by the four Evangelists, and by all things contained therein, that you shall faithfully discover all such English Delinquerts as are &illegible; shall be there, and this is any of the four Commissioners; So God you help. And they offered us 10 s. advance, and 40 s. the month to be paid by the four Commissioners, whose names are Andreus, &illegible; Mountain, Attent, and eight did take this Oath, but I and one William Hill in Col. &illegible; Company did refuse it; ‘After which, the said William May did promise me to help me to be Barber to Colonel John Hewson, of which service of mine he did accept, Febr. 20. 1647. For which Col. John Hewson did promise me 14 s. weekly and I after some weeks asking him for money was by him put off; and being in great want for money at a time when I was trimming Lieutenant Generall Cromwell, I made my complaint unto him, and he promised to see me paid.

And Sir Arthur &illegible; did often tell me, but especially on Munday April 23. that unlesse Lilburn and &illegible; were taken off, they could not bring about their design: for (said he) they are great Politicians, and if they live we cannot carry on our design; for they are Obstacles in our way; but (said he) if they were taken off, then we should carry on our design: And further he said unto me, pry into their actions so far as you can, and make discovery unto us what they act, and who are chief Agents for them at the meeting at the Whalthene in &illegible; and (said he) if they will imploy you in any negotiations of theirs refuse it not, but make discovery thereof unto us, and be sure (said he) to learn the depth of their consultations, and if at any time (said he) you should be taken with the rest of the Faction in your meetings yet I promise you, you shall be for a while kept in prison, but you shall be released under hand, and we will say that you made friends, or that you broke prison, so that you shall be clear, and shall be satisfied for all your expence that you are at herein. And further he said unto me, that if I would swear, or undertake to produce evidences that the forementioned men were privy to the consaltations of the Kings party, that then it should be sufficient(**) against them, and I should be pleased, and they would consider my trouble hereof. And at the same time I told him, I had an Order from the Lieut. Generall Cromwell for my Master James’ Cocley to pay unto my Father 40 l. but he refused it; he desired of me to see the Order which I did shew unto him; and he said, That when this was done, then he himself would see my Master pay the said sum of 40 l. to my Father: ‘And further he said unto me, meet me to morrow in St. Jamses Park, which I did April 24. and then he carried me into the garden of Saint James, and when he had locked the door, he with Commissary Generall Ireton asked me, if I knew Mr. Alinary, Bubal, Hartley James Edington, John Arrowsmith, Thomas Robbinson, and I made Answer yes; then said they unto me, Be here in the afternoon walking; at which place I did meet: And shortly after Sir Arthur Haslerig, with Colonel Pride, and one Captain Pretty came unto me and had me up to Commissary Generall Ireton, at which time Sir Arthur Haslerig and Commissary Generall Ireton did desire of me to consent that my name might be inserted in the Warrant for to seize upon my body, as Prisoner with the cest that are specified in the said Warrant; for said Ireton, you must be with the rest seized upon as Prisoner unto us, or otherwise you will be suspected; but said he and Haslerig, it shall not at all prove hurtful unto you, for you shal go only under the notion of a Prisoner unto us; upon which promise of theirs, I consented that my name should be inserted in the Warrant, which was to this effect as followeth.

‘These are to will and authorize you to seize upon the bodies of William Blanke, junior, George Armander, William Senhall, Iohn Arrowsmith, James Edington, and these you are to being unto &illegible; to be examined upon a present dangerous design against the Parliament, City, Kingdom and Army.

Given under my Hand at S. Jamses this &illegible; of Aprill, 1649.

Henry Ireton.

Forthwith there was commanded a guard of Muskettiers to goe with me for the apprehending of the aforesaid men, which was done accordingly; and about twelve a clock at night was brought to S. Jamses before Commis. Gen. Ireton, Sir Arthur Haslerig. Col. Pride, &illegible; Pretty. Lieut. Col. Moson, (who examined them upon questions of the busines aforesaid). ‘Sir Arthur Haslerig and Commis. Generall Ireton would have had me to witness against them, which I denied, for in the thing I had no knowledge, upon which they were forthwith released; and Sir Arthur &illegible; then after told me by my self, except I would confesse these Papers to be mine I should be Prisoner, the which I denying was committed Prisoner, Aprill 25. 1649. and was continued in prison untill the 27. of Aprill 1649 untill 9. in the morning; ‘And about what time I was then brought to the place commonly called Pelmel, or neer thereunto, and there was forced to run the Gauntlet for no other cause that I know of but for denying to swear against them, Mr John Lilburn, and Mr. Walwin, and my refusing to get any to swear against them, as Sir Arthur Haslerig would have had me have done, and likewise that I did not witnesse against the forementioned Gentlemen, and likewise for refusing to take their Oaths.

In testimony of the truth hereof I have set my hand and am ready to depose it upon my Corporal Oath before any Magistrate of England: William Blanks Junior.

Aprill 30. 1649.

Thirdly, Haslerig and &illegible; &c. by false witness by Blanks means could not effect the taking away of my life; then do they or one of them imploy(a) one &illegible; a quenlam Cavalier, and give him a Commission to plot and contrive yea (and justifie him therein) the taking away my life, as appears by his following Letters.

For my esteemed good friend Colonel Iohn Lilburne, at his Chamber in the Tower these present.

Sir

SInce my arrivall in England, I have endeavoured to finde out the severall constitutions and dispositions of men, and I perceive the major part of those I have discoursed with all, are led more by their own fancies then reason; I am very much troubled to see how stringely things are carried, “finding the Subject not at all eased or freed from oppression: I pray informe me in any one particular thing, wherein England hath received any benefit since the warre began? “Oh this is a blessed reformation! Those Books of yours which I have lately seen doth handsomely lash them; I am joyfull to hear that we have some true English-men left that will stand for our Liberties and just Rights. My earnest desire is to engage with such a party, and to joyne with you and your friends in one and the same thing, and to steer my course by your compasse, and I shall (to the utmost of my ability) further your designe in any thing, though it be with the hazard of my life, which I should willingly &illegible; for my Countries Liberty: To the same intent and purpose I make my addresses to your selfe, &illegible; you to be the chiefest of those (who are in a scornfull way by your and the common-wealths Enemies) branded with the name of Levellers. I never yet regarded much the malice of my enemies: I beleeve the like in you; therefore I am the more incouraged to joyne with such: Excuse I beseech you for my liberall and true hearted(*) expressions by way of writing; It is a custome that I am used to, & cannot on a sudden leave it. “I shall at any place or hour give a meeting to any of your friends to discourse further of it, and then you will finde my complyance with you will be very acceptable, for I love to advance and further all honest, lawfull and christian like actions. But I fear (unlesse you act more privately then you have formerly done) that all will come to nought, for yesterday I accidentally heard of some that were employed in the Country to act for you, were taken and carried Prisoners to Oxford by some of Colonel Scroopes(*) Regiment, the truth of this Report I cannot much aver, but I received my intelligence from a very credible hand; If it should be so, you must be the more cautious hereafter, otherwise you will wilfully give up your lives as a prey to your enemies. “I cannot as yet say we, because I know not as yet whether I shall be received as a friend amongst you or no. I can assure you my friendship shall very much advance your businesse, for I shall engage many friends in Buckinghamshire (it being my Native Country) with me, I am confident to gayne the strongest party in that Country in spight of Fare. And as for Oxfordshire, Barkeshire, and some part in Hertfordshire, I can (by reason of my many friends) “ingage a considerable party in all those Countries, and prevail with others (that love to sleep in a whole skinne) to be as Neuters. This I beeleeve deserves thinkes: “But I can further advance your businesse in a more considerable way, if I finde you have good and faithfull Councellors about you, and that you have Gentlemen that are well beloved, and well esteemed in their Countryes, “that can on a sudden (as I shall do) bring three or four thousand men into the field to back him that should doe you service. If you can do so I shall make another provision to you, “which is to gaine the City of Oxford for you, which you may conceive will be very difficult to do, and many more that do not know me. “But by my means I shall worke with my friends within the Towne as well as those without, I am almost confident of gaining it. Then shall we be in a condition to furnish our selves with Armes, and have a place of retreat upon any occasion; And untill such a thing be done, it will not be wisdome in any publickly to appear; You will conclude the like, or any rationall man, therefore my request to you is, that you would seriously weigh and take into your consideration this my Letter, “and returne me your absolute answer by my Porter. But if I should be so foolish as accidentally to speak a word or so, he is so honest that it passeth no further, the experience I have had of him assureth me as much. Moreover if you should require a longer time in returning me an answer of what I desire “my lodging is in Aldersgate street in Trinity Court at one Master Edward Pearse his house hard by Aldersgate, therefore whom you are pleased to send to me, may there finde me. But in these dangerous times we cannot be too cautious in our Company, therefore unlesse I am well a assured “that they that shall treat with mee in your behalfe, come really from you; I shall be very sparing in unfolding my minde, “therefore I pray send me a token in writing by my Porter, that be which shall come to me as from you, may deliver me the same token, then shall I not be sparing to let him know my resolution. I dare not come to the Tower least there should be notice taken(*) of me. Thus have I in part made a discovery of my mind unto you (though to you not very well known) I am the more sorry for it; For seriously all the acquaintance that ever I had with you, was in the Tower, where I had the happinesse three or foure times to bee in your company, in my honored friend Sir Iohn Maynard his Chamber. I know not whether you may call me to mind or no, but really you will finde a most trusty secret and a most obliging friend and servant of

May thee 8th. 1648.

Tho. Verney.

I beseech you deale as freely with me as I have with you.

But returning a considering answer to this, judging the Author at the first view a Knave, I enquired of a Presbiterian friend of Sir Iohn Maynards, whether he knew the man or no, who told me that a &illegible; fellow prisoner of mine had lately sent word out of the Low-Countries that this man was employed by those of Durby-House, to lay a Trap “to ship the Prince and send him over unto them to England to destroy him; but the next day being made a kinde of a close prisoner by the restraint of my friends and inhabitants of the Tower upon my stayers stopt the originall of these following lines in my hand.

For my esteemed good friend Colonel John Lilburne these present.

Sir,

MY Porter was at the Tower this morning, thinking to have admittance in, but they would not suffer him; which hath much troubled me: but being well acquainted with this Gentleman one of the Coyners in the Tower, I have prevailed with him to deliver you this Note, beserching you to returne me an answer of the former in writing, (*)sealed up, and this my friend will see that it shall &illegible; safe to my hand; I pray use meanes to burn &illegible; Letter, &illegible; I &illegible; &illegible; yours for seare of the worst, and you shall extreamly oblige a most faithfull Servitor of

May 9th. 1649.

Tho. Verney.

Much newes abroad, but I dare not commit to Paper.

Upon receipt of this I was more confirm’d in my own mind he was a Cheat, but having not absolute proofs of my thoughts, I judg’d it the most safe way for me to sit still and return no written answer, nor yet much reveal him: So within two dayes after he sent me a third Letter, the Copy of which thus followeth.

SIr by a Monyers meanes I gate leave to come in, thinking to have had the good fortune to have had an hours discourse with you, “but I found I could not obtaine my desire with safety either for you or my selfe; upon that I departed, and leaving you this note, by the which you may the better know of my willingnes to engage with you, assuring you that my friendship shall be advantageous. My desire is to receive a full answer of my first Letter, which I sent by my Porter Rit. Vaughan whose name you have taken. If then inke and paper be kept from you, I am confident as yet your speech is not nor I hope will not; therfore you may desire a friend (whom you have a good confidence of) to &illegible; with me in your behalfe, and I doubt not but to give him satisfaction, to your and the Common-wealths good content. But as I told you in my first letter, so I do in this, which is, that unlesse “I can receive a certaine token from you, that you really send him I shall be very sparing in my discourse. Yesterday morning I received a Letter from one Master William Parkins, whom I do not all know, and in that he advertized me, “that he was desired by your self to signifie unto me that it was your desire to have me speedily to repair into Buckingham-shire to engage my friends in your behalfe, and how that he was going &illegible; himselfe. If that be true, I pray use a speedy meanes add let me know asmuch, and let me but receive a Letter from you to any one of quality in that County that is of your party that we may advise together, and you will finde that you have a most faithfull Servant of

11 of May, 1649.

Tho. Verney.

This M. Parkins specified in his Letter, that I should finde him at the George at Ailsbury, where your friends and my self should meet and advise about ingaging the Country. IF I AM BETRAYD, I pray let me know the truth from you.

Upon the receipt of which third Letter, I was absolutely of opinion, he was a perfect Knave and &illegible; and especially by reason of the afore mentioned Parkins, who to my knowledge, is a Man I never saw nor heard of before. But with the Letter I received a Message,

That at such a house in the Tower, there was a Gentleman must needs speak with me about earnest businesse; which I presently judged to be the fore-mentioned Thomas Verney: and as I was going to him, I met accidentally a Gentleman formerly of the Kings party, and enquired of him if he knew one M. Tho. Verney a Knights Son or no: And he told me, “that a Knight of the Kings party had lately told him, that Sir Edward Verney the Kings Standard-bearer had a son lately come from the Hague, which was looked upon to be a very odd, strange, light kinde of fellow; but yet to the Cavaliers pretended to be some kind of Agent from the Prince. Whereupon I told the Gentleman the grounds and reasons wherefore I asked him. But this Reply increased more jealousie in me, that this Verney was a perfect Rogue indeed: and so to Verney himself I went; who upon discourse told me, he had formerly five yeers agoe been of the Kings party, and “that his Father was slain at Edg-hill, being the Kings Standard-bearer. So I told him, I had read three Letters from him, which he confessed he had sent to me. But I also told him (having Mr. Walwyn and Mr. Overton with me) “I wondred how he &illegible; it write such lines to me as he did: But he asked, wherefore? I told him, “Because he was a meer stranger unto me; and there were such lines, as if were he not one of DERBY-HOUSE Agents, might cost him his life. But he said, he knew me to be so honest I durst do him no mischief: And for being one of Derby-House Agents, he as much abhorred them as I did: and I wonder, said he, I having been in Arms for the King how you should imagine they would be so silly to trust me with any of their secrets; which they must do it I were their Agent. “Sir (said I) It is no wonder that wicked men make use of any instruments to accomplish their base ends; and you having been for the King, are the more likely to deceive other men, and the more unsuspected to &illegible; their ends: and money, we all know, is so tempting a thing, that it will make men of &illegible; spirits change their principles; yet, though it be to the destruction of their &illegible; and nighest Relations: and why you may not be such a one, I have too plain demonstrations to beleeve. And for that part of the irrationability of their trusting you, having been a &illegible; “Why may they not as well trust and imploy you as their Agent, as Person KEM, who now is their active and hired Agent, as from very good &illegible; I fully know: although its notorious he was an active man last yeer in the rebellion of Kent, and a notable Agent in the revolt of the Ships. But Sir, to be plain with you, I tell you, You are a &illegible; Knave, and I could finde in my heart to lay hold on you for a knave, and carry you presently before the Lieutenant of the Tower with your own Letters. And that you are a Knave. I have these informations to beleeve: “You were lately at the Hague at the Princes Court (which he confessed) and there you were imploved by some belonging to the Committee of Derby-House, to lay a designe to get the PRINCE a ship-board, and send him for England to lose his head: And this was sent over by some exiled Presbyter Gentleman to his friends in London. A Citizen of London and a Colonel told me this the other day: and a Gentlemen Cavalier &illegible; me beware of you for a Knave: At which the Gentleman (with the impudentest face and undaunted countenance that I have seen) denyed all; but “confessed he knew Parson KEM, and did beleeve him to be a Derby House Agent; and meeting with him the other day in Westminster Hall, he did confesse that Kem told him, Men reported asmuch of him as I now told him to his face. But with his much reasoning with my self, Mr. Walwyn, and Mr. Overton (who went on purpose with me to him, as seating he came either to stab or poyson me in a cup of wine, or the like,) he justified his integritie; hoping I would not so violate the Rules of societie and man-hood, as to betray him, and so undo him and his friends, especially my friend Sir John Maynard, who he often pretended, was bound in gread bonds for him, before he could get his liberty, and to this day so continued. So telling him his own to the purpose, I left him for a Knave; although Mr. Walwyn especially pressed hard to have him laid hold of: But being desirous yet to trace him a little further, for many reasons I can give, I let him alone. But yet, for my own safety, the next day before all my three fellow-Prisoners, I fully informed, the Lieutenant of the Tower of the businesse, before an Officer of the Army then Captain of the Guard, and desired him to acquaint the Committee of State with that, for I had the Letters and told him I would I produce and avouch them; and another time the Lieutenant of the Tower (since I was close) being in my Chamber I told him again of it, and proffered him the Originall Letters which he seemed not willing to meddle with, so I have rested since till the 29 of June last; upon which day I wrote a Letter to Master Hunt of Whitehall, and sent him an exact Copie of &illegible; foregoing Letters, and my foregoing Observations upon them, which Letter of Mr. Hunts I intreat you seriously to read in p. 8 of my &illegible; of High Treason against Oliver Cromwell &c.

And not many daies after, Captain Denly Serjeant at Armes to the thing called the Councel of State, came with a pretended Warrant to search my Chamber, by whose hands (for a token I sent an Exact Copie (of all I had sent to Master Hunt of Verneys) to his Master Mr. John Bradshaw &c. which although I have long since, as before you see, again and again acquainted Bradshaw and other of &illegible; Associates with VERNEYS Letters, &c. Yet the said VERNEY continues as great with Bradshaw and others, at the thing called the COUNCIL OF STATE to this very day, as if he were their ALPHA and OMEGA, which is a clear proof of their designingly setting him at &illegible; whom they a little before sent out by expresse Commission in a Man of War to &illegible; where at his coming to the &illegible; he had presently (as groundedly it is said) got &illegible; nothing like a Commission from the Prince: but being at his Court discovered for a Traytor to him, he in haste took his leave there; and at his departure shook hand with and quartance of his, a &illegible; him farewell, he was in haste, for he was &illegible; So coming into England, &illegible; &c. having tempted by offered bribes the foresaid honest &illegible; &illegible; to swear &illegible; against me, he and Bradshaw, or other of their brethren in evill, commissionared the said villanous Thomas Verney to write Letters to me, the which, if under my hand I had answered, or sent a friend, is he desired, to treat with him; then might they &illegible; have searched his chamber, and there found some kind of Commission from the Prince to the said Verney, to authorise him to be his Agent in England. For which Verney might have been in some seeming danger, and pretendingly to &illegible; himself, might have produced my Letter, and also swore, according to the largeness of his conscience, what he had pleased against me; which might have been look’d upon by &illegible; and Bradshaw &c. as crime enough to have hanged me up will &illegible; any more &illegible; for &illegible; with their declared Traytor the PRINCE, seeing they could not (as they earnestly desired) murder me any other way: and this act of Verney’s should have, to the eyes of the world, been &illegible; enough to have saved Verney’s life, and also precured him his liberty from his Lords and Masters Haslerig and Bradshaw &c. who for his traiterous and good services done them, protect him against all the complaints of cheating, perjury, forgery, and all manner of knavery that my intelligence tels on daily is brought in against him. Which Verny, a few dayes ago (as I am from extraordinary good hands informed) had the impudence, for all the high complaints against him, to petition (or otherwise to sue for) an annuall Pension for his good services done them, in forsaking his Interest in the PRINCE, and adhering to Them in any thing they put him upon (though &illegible; so wicked)

Fourthly, Haslerigs design in endeavouring to murther me is not only evident, in his Associate imprisoning me for nothing, and so robbing me of my trade and credit, but also in close imprisoning me from the society of all my friends, and denying me the just and legall allowance due to me in my case and condition, (not one penny of which I have received to this day) but &illegible; to taking away compleatly betwixt 24 and 2500 l. that so I may not have a penny &illegible; to buy me &illegible; &illegible; family a bit of bread.

But to &illegible; I would fain have HASLERIG to ‘consider seriously from his friend S. Johns words, and the rest foregoing what he deserves, that not only by these or murther breaks one of the Laws of England, but endeavours to destroy, and actually plucks up by the &illegible; the whole Fabrick of the Laws of England? and so destroyes HUMANE SOCIETY, by bringing all things into the originall Chaos of confusion, and when he hath so done doubly and trebly, protects and secures himself by force of the sand and other tyrannicall Priviledges, from all manner of Process of Law or &illegible; &illegible; he deserves whereever he be found, to be dealt with as Felton did with the &illegible; of &illegible; which for my part I protest seriously, I judge to be more juster both &illegible; God and man a thousand times over, then Haslerigs dealing with me, and the &illegible; and ultimate refuge and remedie that all such men have in such cases, and a thousand &illegible; more just then for a man to murder himself by &illegible; in silence, by such &illegible; oppressive and tyrannicall &illegible; with him. And if Strafford upon S. John &illegible; principles were A FOX and A WOLF for arbitrarily &illegible; the Law, and taking &illegible; &illegible; and estates &illegible; proceedings upon Paper &illegible; then &illegible; &illegible; &illegible; a FOX and a WOLF in &illegible; &illegible; the Law, and taking &illegible; &illegible; with &illegible; much as any proceedings at all, or any Paper &illegible; against me, &illegible; &illegible; so much as receiving and producing any pretended Commission from any Legall, or pretended Magistracy so to doe.

And &illegible; &illegible; rom S. Johns and his own grounds may as a POLCAT, &illegible; FOX and a WOLF, yea and as a Destroyer of these &illegible; of &illegible; and &illegible; &illegible; the(**) head where ever &illegible; &illegible; &illegible; &illegible; &illegible; which &illegible; before much time may be &illegible; may be for his &illegible; and that &illegible; &illegible; both &illegible; God and man, ‘seeing no law in the world &illegible; be &illegible; against him in the least, or take hold of him: And therefore as in a Speech made, one thousand six hundred and forty it is said against the Ship-money &illegible; Speeches and passages of Parliament page 275. Much &illegible; &illegible; may I say now, when &illegible; Liberties are &illegible; &illegible; Fundamentall Laws abrogated, our Modern &illegible; already &illegible; the &illegible; of our Estates alienated, nothing left us we can call our own, but our misery and our patience, if ever any Nation might justifiably, this certainly may &illegible; now most properly, most seasonably, cry out, and cry aloud, VEL SACRA REGNAT JUSTITIA, VEL RUAT CÆLUM, that is, Either let the &illegible; fall, or let Sacred Justice reign. But if he should deny that that which at Newcastle he hath seized upon is none of mine, I prove my Legall right thus.

1. Admit I had in the eye of the law illegally come by it, yet being in possession of it, he hath no pretence in the world to dispossess me of it, of his owne head, and by his own will; but 2ly I answer that against the law of equity, reason and Justice, yea, and the law of England. “I was in the year 1637. 1638. 1639. 1640. most illegally and tyrannically dealt with by the High Commission, Councel-Board and Star-Chamber; by Doctor Guinne, Doctor Lambe, Doctor Alit, and the Lord Keeper Coventry, Lord Privy Seal Manchester Lord Newberg, Old Sir Henry Vane, Lord Chief Justice Bramston, and Judge Jones; And by the Arch-Bishop of Canterbury, Lord Keeper againe, Lord Treasurer Bishop of London, Lord Privy, Seal again, Earl of Arundel, Earl of Salisbury, Lord Cottington, Secretary Cook and Secretary Windebank and the Warden of the Fleet, who &illegible; me upon the &illegible; without order in writing: Of which, the 3. of Novemb. &illegible; being the first day the late dissolved Parliament fare, I according to Law and Justice &illegible; my Petition and Complaint to to them; who upon the reading of my &illegible; on, immediately ordered &illegible; my &illegible; being, as I remember, the first &illegible; in England set at liberty by them] to follow my &illegible; and according to the legall &illegible; of Parliaments make it &illegible; by proof before a select Committee appointed by them to that purpose, Mr. &illegible; Rouse having the &illegible; before whom many particular dayes one after and the. I appeared with my Councel [being Mr. Robert &illegible; brother to Mr. &illegible; &illegible; now Member of the &illegible; &illegible; or pretended House of Commons and my Witnesses, and fully proved all my Petition. Upon the report of all which by Mr. &illegible; the Chairman, the House of Commons the fourth of May &illegible; [being the very same day that the King himself caused me to be arraigned for high Treason at the &illegible; of the House of Peers] voted and resolved upon the Question,

“That the Sentence of Star-chamber given against John Lilburn is illegall, and against the libertie of the Subject, and also &illegible; &illegible; &illegible; barbarous, and tyrannicall.

Resolved upon the Question. “That reparations ought to be given to M. Lilburn for his imprisonment, sufferings, and &illegible; &illegible; by that illegall sentence.

Ordered, “That the Committee shall prepare this case of Mr &illegible; to be transmitted to the Lords, with &illegible; other of Dr. &illegible; Doctor &illegible; Mr &illegible; and Mr. Pryn.

H. &illegible; &illegible; Parl. Dem. Cem.

After which Votes (being in a full, free, &illegible; or &illegible; legall, and unquestionable Parliament (after a full, open, free* and &illegible; hearing, and examining of all my foresaid sufferings and complaints) troubles and the warres came on, and being in my own conscience, fully satisfied of the justness, of the Parliaments then cause, in the &illegible; of zeale accompanied with judgment and conscience, “upon the principles I have largely laid down in the 26. 27. 75. 76 pages of my book of the 8th of June 1649. intituled Englands legal, fundamentall, &c. I took up Armes for them, and fought heartily and faithfully in their quarrel, (for maintaining of which I had like to have been hanged at Oxford, while during my in prisonnment there, I lost 5 or 600 l. out of my estate at London,) till the plesant Earle of Manchester, had like to have hanged me, for being a little to quick in taking in Tikell Castle, which spoyled a souldier of me ever since; after which in the year 1648. I followed the House of Commons &illegible; to transmit my foresaid &illegible; to the Lords; which with much difficulty (occasioned chiefly by Mr. William &illegible; and other his zealous Presbyterian friends) I got by peice-meales transmitted, where by reason of Manchesters interest I might have expected long delay, yet I found quick dispatch, and upon the 1 of December 1645 by specially decree, they took off the fine set upon me by the Starchamber; and afterwards I got the whole &illegible; transmitted, who at their open Barre, Judicially upon the 13 of February 1645, appointed me a solemn hearing de novo of the whole matter, and assigned Mr. John Bradshaw and Mr. John Cook for my counsell; who with abundance of witnesses accordingly appeared, where Mr. Bradshaw did most notably open the Starchamber injustice towards me, but especially their(*) ex officio or interogatogatory proceedings with me and produced my witnesses upon oath punctually to prove every head of his argument Upon which full hearing the Lords made a notable decree; and adjudged, and declared the said proceedings of the said Starchamber, against the said John Lilburn, to be illegall and most unjust and against the Liberty of the Subject, and Law of the Land, and Magna Charta, and unfit to &illegible; upon record.

But not assigning me any reparations in that Decree (the doing of which the House of Commons left unto them, and the Lords according to former custome looked upon to be their right in law to do,) whereupon I got Mr. John Cook to draw me up that dayes work with most pregnant and notable aggravations, which I printed and presented a few dayes after to every one of the Lords; praying their assigning me particular reparations according to Law and Justice out of the Estates of my unjust Judges, that had done me so much wrong; upon which new addresse to them they did upon the fifth of March 1645. order and decree; and assigned to be paid unto the said John Lilburne the summe of ten thousand pounds for his Reparations which for many reasons (as there being ayding in the warres to the King &c.) they fixed upon the Estates reall and personall of Francis Lord Cottington, Sir Francis Windebank, and James Ingram late Deputy Warden of the Fleet, and afterwards by an other Decree for the present levying thereof out of their lands at eight yeers purchase (as they were before the Warres,) with the allowance of Interest at 8 l. per &illegible; per annum; in case of obstruction; for all or any part of it; and to this purchase &illegible; an Ordinance to be drawn up which fully passed their House the 15. 20. and 27. of Aprill 1646. and afterwards transmitted it to the House of Commons, where by reason of my bloody adversary old Sir Henry Veins Interests and of my imprisonment by Manchesters means in the Tower of London it lay asleep till the 1. of August 1648 at which time 7. or 8000. of my true friends’ in London, signed and caused to be delivered a Petition to the House of Commons for my Liberty, and the passing of the said Ordinance: which Petition is since printed, with the Speech of my true Friend Sir John Maynard upon it. And in reference to which Ordinance the House made this Order:

Die Martis, 1 August 1648.

Sir John Maynard. Sir Peter Wentvvorth. Lord Carre. Col. Bosvvei. Col. Ludiovv. Mr Holland. Mr Copley.

IT is referred to this Committee, of any five of them, to consider how Colonel John Lilburn may have such satisfaction and allowance for &illegible; &illegible; as was formerly intended him by this House.

Henry Elsynge Cler. Parl. Dom. Com.

Upon which Order I got the Committee to meet, and preferred a Petition to them, the true copy of which followeth in meaddresse to every individuall Member. dated 4 of September 1648. Upon which Petition, at my discourse with them, the Parliament having disposed of all that part of the Lord Cottingtons estate that I should have had, unto the Lord Sey, and also compounded with Sir Francis Windebank’s heir; the said Committee were pleased (&illegible; they judged it a difficult piece of work for me to get it proportionably from all or most part of my unjust Judges) to fix it intirely upon the Lord Keepers estate, as the principal guilty man: of which, when the young Lord Coventry his Son and Heir heard thereof in France, he came posting to England as in a maze, fearing what such a precedent might being upon him, if his Fathers estate [then dead] should be compell’d to make me satisfaction; he being so capitall in injustice, that if that course should be taken, his estate left him by his Father [if it were trebled] would not satisfie for his Fathers palpable injustice committed in his life time. And Manchester being in the same Bryers with his Father, being as unjust as the other, and having a Brother (viz. George Montague) and other considerable Interests in the House of Commons, so plyed their friends there, that they put a stop to the second reading of the aforesaid Ordinance. Which I &illegible; fully understood by the Speakers means, then my great pretended friend, who one day began to reason with a Member of the House [and my special Friend] about the unreasonablenesse to fix my Reparations upon the estate of the deceased Lord Coventry; nay, or to give me any Reparations at all out of the estates of those persons that did me wrong, for fear the precedent in time might reach to themselves; “for Sir, said the Speaker, [as the Member told me] if my Son and Heir should be liable in law to make satisfaction to all those men [out of that Estate I should leave him] that I have in the eye of the Law wronged [by signing Warrants, Orders and &illegible; by the Command of my Superiours] he would soon be a begger, although I should leave him 5 or 6000 l. per annum; and therefore desired, as it were, the said Members concurrence with them; who see a necessity, both in justice, and for the clamorous importunity [as they called it] of me and my friends, to give me reparations; but yet to do it in such a way, that the Precedent might not in future make themselves smart for their injustice to particular men. Of which, when the said Member told me, and withall told me, they were resolved to make the Common wealth my Pay-Master out of the publick Treasury, and colour over the justness of it with this pretence, “That &illegible; estate &c. formerly assigned me, they had since disposed of for the Commonwealths use, to the Lord Sey; and therefore now it would be no injustice to the Common-wealth [although in the Star-chamber it never wronged me] to pay me my reparation. Of all which, when I understood their designe, I was not a little troubled and perplexed in my spirit (although I was grown much into debt by reason of my long and chargeable sufferings and large losses) to see that my sufferings should produce no benefit at all to the Common-wealth; which I must, as before God, in the sincerity of my heart aver, was much in mine eye, no earthly Treasure in the world being of that value to me, to make me undergo those sorrows and distresses that I underwent in the Bishops time: neither had I undertaken any hazards (and continued in them) out of any other consideration, but out of conscience and duty to God, and my native Country, I was much perplexed and raised up in my spirit, seeing the main end of my struglings was like to be frustrated, which was, That the Nation might have good by it, by the creating of Precedents, and terrour for the future to Tyrants and Knaves; that so the people hereafter might live more in freedom and peace, in the enjoyment of their Laws and Liberties; the consideration of which made me something fearlesse of my own particular welfare; and in my discourse at their door, to set all my expectation on the Tenter-hooks: and a little recollecting my thoughts, I modellized the fore-mentioned Addresse of the 4 of September, 1648, and printed it, and the next day (as I remember) with my own hands presented it to every Member that would receive it, as they went into the House: The true copy of which thus followeth;

To every individuall Member of the Honourable House of Commons.

The Humble Remembrance of Lieut. Col. JOHN LILBURN, Septemb. 4. 1648.

Honoured Sir,

VOuchasfe to take notice and seriously to consider, That the first week this present Parliament sate, which is now almost full 8 yeers agoe, I presented a humble Petition to the House of Commons, for justice and right against the cruell Judges of the high Commission Court, and the Star-chamber, and I had the honour (the same day it was presented) to be one of the first prisoners in England that was set at libert, by this Parliament, and also received a speedy, full, fair, and candid proceeding, in the hearing and examining of my tyrannicall sufferings: but by reason of multiplicity of publick businesse, and other great obstructions, I have not as yet been able to attain to the full end of my legall and just expectation and right, viz. Reparations for my long, sad and tormenting sufferings by the foresaid unjust and unrighteous Judges.

Be pleased also favourably to take notice, That upon the first of August last, there was an humble Petition presented to the Honourable House of Commons, subscribed by many thousands of honest citizens, &c. humbly to desire you to put me in the &illegible; possession of all your &illegible; just Votes about my foresaid sufferings: upon reading and debating of which Petition, as in answer to that particular of it, your House were pleased to make this ensuing Order.

Die Martis, 1 Augusti 1648.

Lord Carre, Sir John Maynard, Sir Peter Wentworth, Col. Boswell, Col. Ludlow, M. Copley, M. Holland.

IT is referred to this Committee, or any five of them, to consider how Col. John Lilburn may have such satisfaction and allowance for his sufferings and lesses as was formerly intended him by this House.

Henry Blsing Cler. Dom. Com.

Unto which said Committee at their first sitting, I presemed a Petition; the copy of which thus followeth.

To the Honourable the Committee of the House of Commons appointed to consider of Lieut. Col. Lilburns businesse in reference to the Star-chamber:

The humble Petition of Lieut. Col. John Lilburn.

SHEWETH,

THat besides your Petitioners sufferings by reason of his banishment into the Low Countries, he was first committed by D. Lomb, Gurn, Aylet, 1637. and afterwards had 3 yeers imprisonment in the common Gaole of the Fleet, being whipt from Fleet-bridg to Westminster, and enduring the cruell torment of about five hundred stripes with knotted cords: afterwards being set in the Pillory for the space of two hours; and by James Ingram Deputy Warden of the Fleet, gagged, tearing him jaws &illegible; in pieces, without Order: which Sentence was given by Lord Keeper Coventry, Earl of Manchester, Lord Privie Seale, Lord &illegible; Sir Henry Vane senior, Lord chief Justice Brampston, and Judge Jones. And after the barbarous execution of this Sentence, being April 18. 1638. the said Lord Coventry, Archbishop of Canterbury, Bishop of London, Earl of Manchester, Earl of &illegible; Earl of Salisbury, Lord &illegible; Lord Newburgh, Secretary Cock, and Windebank, passed another Sentence, in effect, for the Stoving of your Petitioner, and for the tormenting of him with irons upon both-hands and legs both night and day; and by keeping him close in the common Gacle of the Fleet from the speech of any of his friends: all which was executed with the greatest cruelty that could be for the space of almost three yeers together, to the apparant hazard of his life, both by starving him [which was with all art and industry severall wayes attempted;] and also by severall &illegible; made upon him by the said Wardens men [instigated thereunto by the said Deputy Warden, to the maiming and wounding him, whereby to this day he is totally deprived of the use of two of his fingers:] All which, with much more, too tedious to be here inserted, was fully proved by sufficient witnesses, before a Committee of your House, whereof M. &illegible; &illegible; had the Chair; upon whose report made May 4. 1641, your House voted, “That the Sentence in the Star-chamber given against the said John Lilburn, and all the proceedings thereupon was illegall, and against the liberty of the Subject, and also bloody, wicked, cruell, barbarous and tyrannicall; and that he ought to have good Reparations therefore. Which Votes (by reason of multiplicity of businesse in your House) cost your Petitioner some yeers of importunate and chargeable attendance to get them transmitted to the Lords; “which was obtained in February 1645. the 13 day of which month your Petitioners whole cause was effectually opened at the Lords Bar, by his learned Councel M. John Bradshaw, and M. John &illegible; and there every particular again proved upon Oath, by testimony of people of very good quality; whereupon they concurred in all things with the House of Commons, saving in the matter of Reparation; But upon the delivery of a true narrative, the Copy whereof is hereunto annexed, (which your Petitioner with his own hands in the same month delivered unto every individuall Lord) they made a further Decree, that &illegible; Petitioner should have 2000 l. reparations out of the estates of the said Lord Conington, Sir Francis Windebank, and James Ingram, for the reasons alledged in an Ordinance which they passed in April 1646, and transmitted to your House, where it hath lain dormant ever since, and is now referred to the consideration of this Honorable Committee.

Now, forasmuch as by the judicial Laws of God (which are the &illegible; laws of right reason) he &illegible; &illegible; by &illegible; his neighbour, is bound to the performance of these five things: First, “If it be a &illegible; or wound, Like for like, or to redeem it with money, thereby to satisfie him for his wound. Secondly. “For his pain and torment. Thirdly, “For the healing, Fourthly, “For his losse of time in his calling. Fifthly, “For the shame and disgrace; all which are to be considered according to the quality of the person damnified: which reparations are to be paid out of the best of the goods of him that damnified him, and that without delay.

And as the Law of God, so the Laws of this Nation doth abhorre, and hath severely punished (above all persons) Judges many times with the &illegible; of their|| lives and estates, who &illegible; colour of Law, have violated their Oaths, and destroyed the lives, liberties and properties of the People, whom by law they should have preserved: as may be instanced by the 44 Judges and Justices &illegible; in &illegible; yeer by King Alfred; divers of them for lesse crimes then hath been done in this case of your Petitioner; as may be read in the Law-book, called The &illegible; of Justice, pag. 239. 240. 241. &c. translated and re-printed this very Parliament: and by Justice Thorp in &illegible; the third his time, who was condemned to death for the violation of his Oath, for taking small &illegible; of money in Causes depending before him; as appears in the 3 part of Cooks Institutes, fol. 155. 156.

And by the Lord chief Justice Tresilians &c. who in full Parliament in Rich. the seconds time was attached as a Traitor in the &illegible; and had his throat cut at Tyburn in the afternoon, because he had given it under his hand that the King might create &illegible; himself as his pleasure, another &illegible; to walk by then the Law of the Land &illegible; him; as appears by the Parliament Records in the Tower, by many of your &illegible; Declarations, and also by the Chronicles of England.

Now forasmuch as your Petitioners sufferings hath been &illegible; and his prejudice sustained thereby altogether unreparrable; having lost his &illegible; &c. And forasmuch as by the Law of God, Nature and Nations, &illegible; for &illegible; and damages received, ought to be satisfied as for as may be in all persons, though done by accident and not intentionally, and though through ignorance: much more when the Persons offending, did it &illegible; and &illegible; purpose in the face, nay, in the spight of the fundamentall Laws of the Land, which they were sworn to preserve: And for that the reparations in the said Ordinance assigned doth &illegible; amount to what your Petitioner speat in his three yeers sad captivity, and his now almost eight yeers chargeable attendance, insuing for it, besides the losse of a rich and profitable &illegible; for eleven yeers together, and has &illegible; torments, &illegible; and disgrace, sustained by his said Tyannicall sentences.

He therefore humbly prayeth the favour and Justice of this honorable Committee for some considerable &illegible; of his said Reparations, and the rather, because his fellow sufferer Doctor &illegible; had 4000 l. reparations alotted him, whose sufferings (he submissively conceiveth) was nothing night so great, in torment, pain and shame, as your Petitioners) And forasmuch as the now Lord Coventry, fort and heir to the foresaid Lord Coventry, hath walked in his Father Strps. in enmity to the Laws Liberties, and freedom of the &illegible; by being in arms at the beginning of the Wars against the Parliament, and made his peace with the Earl of Essex for a small matter, & hath since &illegible; the Kingdom, living in France privately, receiving the profits of a vast estate which his Father left him. And forasmuch as his said Father (the late Lord Coventry) was the &illegible; man in infringing the Laws and liberties of the Nation; although a Lawyer and Judge, sitting on the supream seat of justice, and a person (as is groundedly conceived) who got a great &illegible; by corruption, and particularly a man that principally passed, as chief Judge of the Court, both the aforesaid sentence against your Petitioner: And in regard the estates of the said Lord &illegible; and Sir &illegible; Windebank, by subsequent orders of both Houses upon urgent occasions are much &illegible; and altered from the condition they &illegible; in 1646 when the Lords ordered your Petitioner 2000 Marks out of them, and for that the estate of James Ingram cannot be found, nor at present come by. Your Petitioner therefore most humbly prayeth. That the greatest part if &illegible; all your Petitioners &illegible; may be fixed upon the said now Lord Coventries estate, to be immediatly paid your Petitioner; or else that his Rents, and the profits of his woods and goods maybe seized in the respective Counties where they lie, for the satisfying thereof; that your Petitioner may no longer run the hazzard of ruine to him and his, by tedious delaies, having already contracted the debts of many hundreds of pounds, occasioned by the &illegible; to &illegible; hereof: And that if you shall think of conjoyning any other with him, That it may be principally the Judges of the Law; who ought to have been &illegible; and guides unto the rest of the Judges of that Court, who were Lords, and persons not knowing the Law.

And your Petitioner shall ever pray, &c.

JOHN LILBURN.

After the reading of which they entred into a serious debate of the whole busines, and thereupon passed severall Votes to be the Heads of an Ordinance to be drawn up and reported to the House, by the Right Honourable the Lord Car Chairman to the said Committee, who accordingly reported the proceedings and votes of the said Committee to your House, who approved of the said Votes, and ordered an Ordinance to be presented to the House consonant thereunto, which was accordingly done by the Lord Car, which Ordinance hath been once read in your House: The Copie of which thus followes:

An Ordinance of the Lords and Commons Assembled in Parliament, for the raising of three thousand pounds, out of the reall Estate of the late Thomas Lord Coventry, late Lord Keeper of the great Seal of England, for and towards the reparation and damages of. John Lilburn Gent. which he sustained by vertue and colour of two Sentences given and made against him, in the late Court of Star-chamber, the &illegible; the 13. of Febr. 1637. the other the 18. of April, 1638.

WHereas the cause of John Lilburn Gent. concerning two Sentences pronounced against him in the late Court of Star Chamber, 13 Febr. 13 Car. Regis, and 18. Apr. 14 Car. Regis, were voted the 4. of May 1641, by the House of Commons to be illegall, and against the Liberty of the Subject, and also bloody wicked, cruel, barbarous, and tyrannical, (which were transmitted from the said House of Commons, unto the House of Lords; who thereupon, by an order or decree by them made, 13 Feb. 1645. Adjudged &illegible; declared the said proceedings of the said Star chamber, against the said John Lilburn, to be I Illegall, and most unjust, and against the liberty of the Subject, and Mag. Chart. and unfit to continue upon Record, &c. And by another Order or Decree, made by them the said Lords, the 5. of March 1645, they assigned to be paid unto the said John Lilburn, the sum of two thousand pounds for his reparations; and the said House of Peers then &illegible; that sum upon the estates reall and personall, of Francis Lord Cottington, Sir Francis VVindebank and James Ingram,(**) late Deputy Warden of the Fleet: and afterwards for the present levying thereof, with allowance of interest in case of &illegible; while the same should be in levying, and of such part as should not be forthwith levyed; The said House of Peers did cause an Ordinance to be drawn up, and passed the same in their House, the 27 Aprill 1646. and afterwards transmitted the same to the House of Commons for their concurrence; with whom it yet dependeth. And for as much as since that transmission, all or the greatest part, of the estates of the said Lord Corrington and Sir Francis Windebank, is since by both Houses disposed of to other uses, and the estate of the said James Ingram is so small and weak, and so intangled with former &illegible; that mean afford little or no part unto the said John Lilburn of the said reparations. And for that the said late Lord Coventry, was the principall Judge, and chief Actor, in giving of both the said Illegall Sentences in the said Court of Starchamber; and for the barbarous inflicting of punishments thereupon:

Therefore, and or satisfaction of the said 2000 l. and for the increase of reparation unto the said John Lilburn for his extraordinary wrongs, sufferings and losses thereby sustained, and the &illegible; time hitherto elapsed without any satisfaction. The Lords and Commons assembled in Parliament do ordain, and be it hereby ordained by the said Lords and Commons and by Authority of the same, That the said John Lilburn shall receive the sum of 3000 l. cut of act or any the Manners, Mesuages, Lands, Tenements and Hereditaments, whereof he the said late Thomas Lord Coventry, or any other person or persons to or for his use, or in trust for him, was or were seized in see-simple, or see &illegible; or otherwise, at the time of the said sentences or decrees, or of either of them, &illegible; the said late Court of Star-chamber, or since within the Kingdom of England or Dominion of Wales, any Order &illegible; Ordinance heretofore made by either or both Houses of Parliament for the imployment of the estate of the said late Thomas Lord Coventry to the contrary hereof in any wise notwithstanding. And for the &illegible; speedly levying of the said summe of three thousand pounds, It is further Ordered and &illegible; That the severall and respective Sheriffs, of the severall and respective Counties, within England and Wales, wherein any of the said Lands, Tenements, or Hereditaments doe &illegible; shall forthwith upon sight, and by vertue of this Ordinance cause an inquisition to be made, and taken by the &illegible; of twelve or more lawfull men, where the same land do &illegible; and what the same are and do contain, and of the clear yearly value thereof, over and above all charges and re-prises; and after such inquisition so made and taken, the severall and respective Sheriffs, shall deliver unto the said John Lilburne true copies in Parchment of the same inquisitions by them taken, and shall then also deliver unto the said John Lilburn the said Lands, Tenements and Hereditaments which shall be so comprised or mentioned in the said inquisitions, To have and to hold, to him the said John Lilburne and his &illegible; without &illegible; of waste; and untill he shall have received out of the issues and profits thereof (to be estimated according to the yearly values contained in the said inquisions) the said summe of three thousand pounds; together with all reasonable charges and expences to be sustained from henceforth for obtaining the said summe of three thousand pounds: And all and every the said severall and respective Sheriffs, and all other person and persons whatsoever that shall any &illegible; act or &illegible; in &illegible; to this Ordinance, according to the &illegible; and meaning thereof, shall be therefore defended and kept harmelesse by the &illegible; &illegible; both Houses of Parliament.

Be pleased further to take notice, That after the foresaid Ordinance, was once read, became to a debate in your House for to be read the second &illegible; which was carried in the negative by majority of voices; and I cannot but apprehend that were divers in the house unsatisfied in the Ordinance it self, in regard the House was divided upon the debate and Vote, which I cannot but apprehend must flow from one of these two considerations.

First, Either because that the whole reparations is fixed upon the Lord &illegible; &illegible; singly; who had many co-partners in the sentences, and who also it may be supposed hath &illegible; his &illegible; by him death. Or else secondly, because in some mens thoughts, some of my late actions are or have been so evill in themselves, that they may seem to them to overballance the merrits of all my ancient sufferings.

To the first of which, besides the reasons contained in the foregoing Petition, I humbly crave leave to offer these unto your judicious consideration.

First, I have by almost eight years(*) dear bought experience, sound the interest of some of my fore-mentioned yet me Judges (who yet sit in both houses of Parliament, to be &illegible; for me to grapple with (and the onely cause in my apprehension that hath all this while kept me from my own) and therefore my own interest (which compels me strongly to endeavour by all just wayes and means to attain to my just end reparations) necessitates me as much as I can to wave the fixing upon them.

Secondly, I continually finde amongst the greatest part of my Judges an apprehension, in their own spirits, that in conscience and equity there ought to be favour shewed to those of my Star-chamber Judges that have joyned with the Parliament and Kingdom, rather then to these that have sought and contested against them both, and they seeing the latter are able enough in Estates to make satisfaction, &illegible; ought &illegible; conscience and equity soly to lie upon their heads; and I being not to guide or command my Judges, but rather to be in this guided and commanded by them, and to acquiess in their reasons they give me, especially when my own understanding tels me they most conduce to the obtaining my main end, which is justice in the possessing of my own. Now these things considered, and conjoyned to the reasons laid down in my foregoing Petition, I submissively conceive, as things now stand, in Law, equity and conscience, no juster objecton can be found for you to fix my reparations upon then the reall estate (whereever it is to be found) of the late Thomas Lord Coventry, who was the Principal Actor in this bloody Tragedy: and who was not lesse eminent in cruellty then in place, being judge of the highest seat of mercy, the Chancery, which ought to abate the edge of the Law, when it is too keen: Now for the chief(*) Judge of mercy to degenerate into a savage cruelty, not heard of amongst the Barbarians, nor to be &illegible; of in the Histories of the bloodiest Persecutors, how transcendently hainous and punishable is it?

And though he be dead, yet justice lives, and whatsoever is became of &illegible; his &illegible; ought to make satisfaction, according to the rule of his own court of Star-chamber, he that suffers not in his body, must suffer in his purse. And therefore I may justly expect my reparations out of his reall estate that he was possessor of at his death, where ever I can now find it; whether it be in the possession of the present Lord Coventry, or others; and you may there as righteous Judges fix it for these reasons.

First, Because the said Thomas late Lord Coventries reall estate, in equity, if not in the eye of the Common law, ought to satisfie his debts, though dead; though now it be in the possession of the present Lord Coventry, &c. and in reason & conscience there is at least &illegible; much equity that it should repair injuries, especially of so high a nature as mine is of; and the rather, if it be considered that the late Lord keeper Coventry had, besides his reall estate, a very considerable personall estate at his death, which I desire not to meddle with, although it be descended to his heirs, &c.

Secondly, Because the estate now in the hands of the son and heir, &c. of the late Lord Keeper Coventry descended from him, and was in the hands of the said late Lord Keeper Coventry himself, at the time and some years after his passing the forementioned two illegall and barbarous sentences against me. Now in case I could have injoyed the benefit of the Law then, or immediately after they were passed against me, I might by an act action of the case have had at Law satisfactory damages out of his estate: And if there was any Law or equity for reparations to be given me out of his estate then, the equity and justice of the case is nothing altered by the said late Lord Coventries decease, and bequest of the same estate to the present Lord Coventry his son or others.

Thirdly, Because the late Lord keeper Covensries passing such sentences as he did against me, was [as may appear by the Votes of your own House, made in the case, 4. May, 1641.] a subversion of the Fundamentall Lawes and Constitutions of the Land, and in the case of the Earle of Strafford, that was adjudged Treason: And in the case of Treason, the Law doth dis-enherit and dis-franchise all the posterity of any one adjudged guilty thereof; therefore my reparations (for transcendent injuries done, in such an extraordinary case,) out of the estate of the Father, though it be descended to the Son, or Sons, &c. is no injury to them in equity nor conscience: neither do I conceive, that in case this Parliament should impose a Fine of ten-times as much as my reparations amount unto, out of the aforesaid late Lord Coventries vast estate, to be paid to the publike purse of the Kingdome, for the satisfaction of the publike Justice thereof, and the expiation of his notorious and superlative crimes, could not in the least, in equity reason and conscience, be esteemed unjust in the eye of any impartiall, righteous, or just man in England; and so much in answer to the first Objection.

And now with all respect to the just honour of Parliament, a word or two to the second: which is, That it may be in some Parliament mens thoughts, the evill of some of my late actions may weigh down the merit and desert of all my ancient sufferings; and therefore to quit scores with me, without passing my Ordinance for Starchamber repatation, is too large Justice (in the &illegible; of Justice) for me?

To which with all modesty and respect, I Answer:

Admit my late actions were as vile, and as punishable, as by the worst of my enemies can be supposed to be, yet there can be no Justice in quitting scores with me therefore; and the reason is, because, that were not only to punish me for good actions done, which my sufferings against the Starchamber was, and was almost eight years age so adjudged by your own Votes: but it were also to acquit and gratifie the guilty and obnoxious, which the present Lord Coventry [upon your own principles] is; as well as his Father was: and the Spirit of truth saith, To justifie the wicked, and to &illegible; the righteous, is hath an abomination in the &illegible; of God.

Secondly, I answer &illegible; &illegible; not new seasonable for me to justifie my self,* but rather to intreat you to do me justice and right, in passing my present Ordinance, without any more delay, for my reparations; wherein I have deserved well, by your own often and ancient confessions, before ever you had any pretence of evill to fix upon me, or lay unto my charge; and when you have so done, if for any subsequent actions, any of you be offended again with me, I will put you in sufficient and good security to answer the Law, without &illegible; for mercy or compassion: But O if you be men of gallantry, justice, honesty, or conscience, punish not my poor and afflicted wife, and tender babes for my pretended transgressions, by exposing them to famish, or eat one another, by keeping my own from me, which should preserve them alive, voted unto me by your selves, almost eight years ago; and when you have done, do your pleasure with me, even whatsoever seems good in your eyes, rather then expose me to see my dearest Confort, and the tender off-spring of our wombs, to perish before my eyes; which I must ingeniously confesse, the strength of duty, and naturall indeared affections, will not inable me to behold, with patience and silence: So desiring God to direct your hearts, now at the last, to doe just and righteous things to me, and the Kingdome, for just and righteous ends; I take leave, in sincerity, to subscribe my selfe,

From the Tower of London,
this fourth of Septem. 1648.

Yours to the last drop of my heart-blood,
(if either you be Gods, or your Countreys,)

JOHN LILBURN.

Neverthelesse we according to his promise, look for new heavens and a new earth, wherein twelleth &illegible; 2 Pet. 3. 13.

Upon the presenting of which, my Ordinance was called for to be read the second time, which Elsynge the Clerke pretended he had laid ready upon the table before him; but what betwixt his knavery, old Henry Vanes, the Speakers, and young Mountagues, my Ordinance was stoln, and could never after be found: so that I was sent to out of the House to get another fair copie writ over presently, which being long in doing, my friends went away, not expecting it would any more be medled with that day; so that when most of them were gone, my adversaries took the advantage to call for it, and in a thin House read it the second time, and upon debate threw it out of doors, and at present to stop my mouth, voted me 300. l. ready money (as they pretended) out of Sir Charls Kemish his Composition, to inable me for present subsistence, and to follow my businesse, and also made this further Order,

Die Martis, Septem. 5. 1648.

ORdered by the Commons assembled in Parliament, that the sum of three thousand pounds be allowed and paid unto Lieutenant Colonell John Lilburne, for reparations of his damages sustained by colour of the sentences given against him in the late Court of Star-Chamber, where Lord Carr hath the Chaire, with the addition of Sir John Danvers, and Colonell Rigby, to consider of, and present to this House an Ordinance for setling of Lords to him and his beires, to the value of 3000. l. at twelve yeers purchase, out of the estates of new Delinquents in the Insurrections, not &illegible; &illegible;

H. Elsynge, Cler. Parl. Dom. Com.

Of which when I fully understood, I was troubled, but knew not how to help myself, and having already met with so many difficulties, and received so manie baffles, as I had done, I thought it was better (being almost wearied out with strugling) to take half a loaf, then go away without any &illegible; at all. so I addressed my selfe to the Committee, who left me to my choice to six my reparations upon what Delinquents I thought &illegible; that were not already disposed of, and some of them told me of an Order the House had made against Sir Henry Gibbs (who had a good estate in the County of Durham) upon an information M. &illegible; and the rest of their Commissioners from Scotland, had brought them; upon which they made this Order.

Die Luna, Aug. 28. 1648.

ORdered by the Commons assembled in Parliament, that the estate of Sir Henry Gibbs, reall and personall in England, be forthwith sequestred.

H. Elsynge, Cler. Parl. Dom. Com.

Upon consideration of which, and my Fathers and Uncles being Committee-men in the said County of Durham, I then judged it most fittest for me, for the speedy dispatch of my businesse (without any more baffles, delayes, or cheats) to fix in that County, and accordingly I got my foresaid Committee to write a Letter to them; the copy of which thus followeth:

For their honoured friends the Committee of Sequestrations in the County of Durham or to any three of them.

Gentlemen,

IT being by an Order of the House of Commons of the &illegible; of this instant, referred to us to consider of, and to present unto them an Ordinance for setling of Lands upon Lieutenant Colonell John Lilburne, and his heirs, to the value of 3000. l. at twelve years purchase, out of the estates of new Delinquents in the insurrections not yet &illegible; we (that we may be the better inabled to performe this service) do desire you, or some three or more of you, to make Certificate unto &illegible; in writing with all convenient speed, of the names of such Gentlemen, or others in your County, who have been eminent and knowne Delinquents (or so proved before you) in these late insurrections, &illegible; also a particular in writing of their estates, and of the clear yeerly value thereof (communibus annis) &illegible; and above all charges and &illegible; and what termes and estates they have therein, and what &illegible; lie thereupon, as farre as can come to your knowledge, and to send by this Bearer Lievenant-Col. John Lilburne that Certificate sealed up unto us, who are

Dated at Westminster, Septem. p. 1648.

Your Friends and Servants.

Charles Carr, John Maynard, Alexander
Rigby, Godfrey Boswell, Edmond
Ludlow, Lionel Copley, &illegible;
Holland.

With which Letter, I immediately took a long, tedious, and chargeable journey into the North, and brought back an answer; the copy of which thus followeth:

To the right honorable the Lord Charles Carr, and the rest of the Gentlemen of the House of Commons, appointed to consider the satisfaction of Lievtenant-Col. John Lilburne: These present.

Right Honorable,

WE received your Honours Letter dated the ninth of September last, for certifying the names and estates of such new Delinquents as have been in the late insurrections, wherein we have laboured as much as we can to informe our selves to give you satisfaction in your desires, and therefore have sent up these severall Certificates &illegible; &illegible; of the names of such persons as have been Delinquents in these late insurrections, amongst whom is Sir Henry Gibbs, for whose sequestration we have received a &illegible; Order from the Lords and Commons of Sequestrations, dated &illegible; 28. of August last; the other two are openly known to have been in these late warrs: We have also sent particulars of the yearely values of their estates in this County, so neere as we are able to learne, considering the shortnesse of the time allowed by the necessities of the Bearer concerned therein, and the fewnesse of us, who are now left to attend the service of the Sequestration in this County, being no more that will act as all, then we whose names are hereunto subscribed; we rest,

Durham, October 12. 1648.

Your Honours humble Servants,
Thomas Midford, Richard Lilburne,

George Lilburne.

Which forementioned Certificate in brief thus followeth; A rentall of Sir Henry Gibs Lands in Jarro, in the County of Durham above the reprises, for any thing we can find by examinations of the immediate Tenants of the said Lands in Octob. 1648.

Jarroe with the grounds thereunto belonging 22 2. l. per annum, belonging to Thomas Bow, Esquire (which he had with his wife) Octob. 1648. at Broadwood, &illegible; Pawse, Meadowes, &illegible; Riding, Birkclose, and Land in Medelton field, Foggerforth, and Evenwood, 308. l. 10. s. per annum (But as I remember, Evenwood being 80. l. per annum proved to be his brother Cradocks, and so &illegible; 228. l. 10. s.) belonging to Sir Henry &illegible; at Beamount hill, in the County of Durham, Octob. 1648. copy-hold, and worth 180. l. per annum.

Thomas Midford.

Richard Lilburn.

George Lilburn.

After I came to London with this, and delivered it to the Committee, they were willing I should fix upon Sir Henry Gibbs his Land at Jarroe, to make over to me, and to my heirs for ever, for my 3000. l. allotted, and accordingly drew up an Ordinance, and truly what with the personall Treaties vigorous going on, which rendred the making over such lands to be very dubious in the possessing of them, and the taking away his estate for ever, without visibly declaring any particular cause, or ever so much as summoning him &illegible; answer, for the Crimes the Parliament Commissioners (privately in their house) laid to his charge, upon which they sequestred him, (though I confesse I my selfe before rid into Scotland to inquire of him, and had enough to sequester him) or in default of appearance legally to outlaw him; all which laid together, with other things following, I had no stomack to his, or any other Delinquenes Lands, knowing no reason why Sir Henry Vane, &c. should shift off from themselves my reperations, for the transcendent &illegible; they had done me, and lay it upon the shoulders of those in an extraordinary manner, that never particularly had done me wrong, (and besides force me to put it to a &illegible; hazard, whether I should injoy it or no) and understanding that Sir Henry Gibbs had an impropriation in the said County, amounting to about 70. or 80. l. per an. besides a legall and just right in a great deal of wood in Bransboth Park, some part of which was ready feld, and so would make ready money, upon all which considerations, &c. in as plausable a manner as I could, I drew up a Petition to the foresaid Committee to avoid the &illegible; upon me the said Lands, the copy of which followeth,

To the honourable the Committee of the House of Commons, appointed to consider of Lievtenant Colonell John Lilburns businesse, in reference to the Starchamber.

The humble Petition of Lievtenant Colonell John Lilburn.

Sheweth,

THat upon severall debates of the Petitioners barbarous sufferings by the Starchamber in both Houses of Parliament, The House of Lords were pleased the 15. 20. 27. of April 1646. to passe an ordinance that your Petitioner should receive 2000. l. reparations out of the Lands of the Lord &illegible; &c. at eight years purchase and upon the humble Petition of your Petitioner, to this honourable Committee in August last, for &illegible; of his reparations, you were pleased for the reasons therein alledged, to &illegible; your Petitioner 3000. l. for his Reparations, to be &illegible; out of the estate of the &illegible; Lord Coventry in money, upon the report of which to the House of Commons, by the right honourable the Lord Carr, the House were pleased to confirm the said Vote, and upon the Lord Carrs presenting an Ordinance to the house to that end, the House past &illegible; once, but before it could be read twice, either by the carelesnesse or willfullnesse of Mr. Elsynge the Clarke, your Petitioners Ordinance was &illegible; and &illegible; and a new copy the same day was drawne and presented to a thin House, who threw it out of doors, and ordered your Petitioner to receive 3000. l. at 12. years purchase, out of the Lands of new Delinquents, which 3000. l. in effect and substance is not one 6. d. more, then the Lords 2000. l. was, the Lords 2000. l. being at 8. years purchase, and the House of Commons 3000. l. at 12. years purchase.

That upon the last sitting of this Committee, you were pleased to write to the Committee of Sequestrations of the County of Durham, to make Certificates to this Committee of the estates of new Delinquents in their County, who by their Letter and Certificates of the 12. of October present, certifie of the clear delinquency of Sir Henry &illegible; Knight, Sir Henry Bellingham Knight and Baronet, and Thomas &illegible; &illegible; all of whom have reall estates in the said County of Durham, the obtaining of which Certificate, cost your Petitioner a tedious and chargeable journey into those parts.

That your Petitioner, for divers weighty reasons in his own thoughts, fixed principally upon the estate of Sir Henry Gibb: but having been with divers and severall Counsellours learned in the Law of England, he clearly finds that in Law strictly, his &illegible; no other Delinquents Lands, can immediately be made over absolutely to your Petitioner, and his heirs for ever, without such clauses of reservation, as may totally indanger your Petitioner within a few moneths to lose the fruit of his almost eight yeares extraordinary chargeable attendance, for justice in the premises in your House, the termes of the conveyance in law being so &illegible; that your Petitioner would not willingly give one yeares purchase for land so conveyed.

Wherefore, and in regard your Petitioner cannot believe, that your House intends &illegible; a fiction without a substance; for his already twice voted 3000. l. reparation, he &illegible; &illegible; prayeth, that he may &illegible; your honourable assistance for the &illegible; &illegible; of an &illegible; for your Petitioner to &illegible; 8. l. per centum per annum &illegible; &illegible; of his money, from the &illegible; of the Committee of &illegible; of the &illegible; of &illegible; &illegible; &illegible; of the &illegible; sequestred on the said County of the said Sir Henry Gibb, Sir Henry &illegible; and Thomas &illegible; Esquire, beginning at the &illegible; of &illegible; &illegible; past, and that the &illegible; of the profits of the lands, woods or other &illegible; &illegible; &illegible; for &illegible; &illegible; lying in &illegible; &illegible; County, may as they arise go to the &illegible; &illegible; &illegible; &illegible; said 3000. l. &illegible; at be fully paid, with an assurance unto &illegible; &illegible; &illegible; that in case any, or all of them compound with the Parliament for their &illegible; &illegible; &illegible; &illegible; of your &illegible; &illegible; as then shall remaine, may be &illegible; and &illegible; out of &illegible; compositions.

And your Petitioner shall pray, &c.

John Lilburne.

Which Petition of &illegible; the Committee granted, and caused an Ordinance accordingly to be drawn up very fully, &illegible; &illegible; &illegible; friend John Blaxston and my &illegible; &illegible; George Lilburne being &illegible; &illegible; out, the man indeavoured to revenge himselfe of me, and bulled so hard against me in the House, as that he got all consideration for the future forbearance of my money &illegible; out: which I was &illegible; to beare with patience at &illegible; present, being not able to help my self; and as I remember it was read and past the second time, but the &illegible; of the House &illegible; after the personall Treaty, with the supposition or jealousie of divers of my acquaintance (and former friends amongst those &illegible; that I had too deep a hand in the late London Petition of 11. September 1648. which seemed to them to be a &illegible; peare to the Treaty, and they conceiving that I still &illegible; the same ends, made the chariot wheels of the &illegible; of my Ordinance to got &illegible; then they used to do; so that for my blood I totally could not get &illegible; to passe the House of Commons in October 1648. and other businesse of the Army coming on, I &illegible; looking after my Ordinance, and visibly and totally, devoted my self to an industrious indeavour to see if I with any other nicknamed levelling friends, could prevent another cheat by the Army (who promised faire in their large Remonstrance from S. Athens of 16. Novemb. 1648. pag. 66, 67, 68. but especially in their most remarkable Declaration, shewing the reasons of their last advance to London) the true narrative of my proceedings with them and their friends you may read in the 2. edition of my book of the 8. of June 1649. intituled The legall fundamentall Liberties of the People of England &illegible; &illegible; and &illegible; pag. 33, 34, 35, 36, 37, 38. which pages I intreat you seriously to read; and with them I continued very diligently and closely following them, to see if it were possible to get them consent to the &illegible; of the Kingdome upon the bases and foundations of the principles of true freedom and justice, by an* Agreement of the People that had not fought against their Freedoms; the onely and alone just cure of all Englands &illegible; not onely in my thoughts then, but still at this present day; but when I apparently and visibly saw their &illegible; and cheating, of which I with out feare told them, as you may read in pag. 39, 40. of my last named books. I say at the perceiving of their basenesse, I judged it Impossible for me even to get my Ordinance fully passe, unlesse I would be their slave and vassall, which Harrison, Sir William Constable, and Sir &illegible; &illegible; at their first coming to Whitehall laboured to get me to be, and to ingage my &illegible; for them, but my positive answer to them all three face to face (in their chamber, was, that I would as soon ingage for the &illegible; for them, unlesse they would come to a &illegible; center where they would sixedly acquiesce, before they so much as attempted the &illegible; with those &illegible; things they &illegible; as the breaking the House, and taking &illegible; the Kings &illegible; I say, perceiving they were &illegible; to be knaves in the highest, &illegible; go through with their intended resolutions what ever it cast, I thought &illegible; &illegible; for me to &illegible; before all their fears and troubles were over, to get my Ordinance fully &illegible; passe let me they fully got up into the throne, being confident it I staid till they had got that &illegible; businesse about the King over, I should never get it passe then, but upon &illegible; &illegible; to be their &illegible; which I &illegible; much abhorred as I did the &illegible; of &illegible; own &illegible; and therefore I put pen to paper and write a netling Letter to the Speaker about &illegible; being resolved to &illegible; my &illegible; at their door in the pursuit of it, and its &illegible; it had, &illegible; remember the next day my Ordinance was transmitted to the Lords, the copy of which Letter this followeth.

M. Speaker,

THough I cannot challenge much interest in you, yet being a suffering oppressed English-man, and considering you in the place you are in, I cannot choose but in black and white present you with a little of my sorrowes, which I assuredly know is now as &illegible; for you to redresse, (if you please) as it is almost for me to write these lines to you, it is not unknowne to your selfe what transcendent miseries I suffered before this Parliament by the Bishops, &c. for divers yeers together, and how that for betwixt eight and nine yeers I have in a manner constantly waited upon your House for redresse, without any reall fruit at all to this day, though I dare safely say it, I have spent well high 1500. l. one way and another, since I first begun my suit unto you, divers hundreds of which I must in truth tell you I am at this time ingaged for, and owe at this house, and how soon I may be throwne into a Jayle, and there not for want of payment of it, and see my wife and tender babes perish for warn before my eyes, I know not, and therefore truly Sir, I must with bitternesse of spirit say, a happinesse it had been for me, if when almost full eight years ago you voted me reparations to my barbarous sufferings, you had voted me to everlasting &illegible; out of the land of my nativity, and that it should have been immediate death for me to have returned, to have sought for any &illegible; at your hands; for alas, Sir, what a happy man as to the world had I been? to have had the improvement of my wasted money, and my eight years hazardous ill spent time, in waiting upon you for your often promised Justice, in my calling in some sorraigne land, for the subsistence of me and mine; whereas all the benefit I have really enjoyed from you hath been the tormenting of my spirits, and the filling of my &illegible; with aches and paines, in those hard, unrighteous and unjust imprisonments that I have six or seven severall times sustained from your House, and their Committees, in which I will not now say your selfe had a considerable hand in some of them, and yet have &illegible; been delivered by you as an innocent and righteous man, without ever having any thing laid unto my charge: Sir, I have often had many faire promises from you, and so have some of my friends besides of your readinesse and &illegible; to help me to justice and my own (though some other of my friends that have &illegible; within your walls have told me the quite contrary, which I have been loath to believe) and therefore I now write unto you, to put you to therest. Wherefore without any more delay I adjure you, as you will answer before God and &illegible; mighty Angells, that vow you &illegible; ingeniously end honestly with me, and either help one effectually to get my Ordinance past your House, for my 3000. l. reparations, and force that faith breaking man that hath not a spark of Gentleman in him, I mean Sir Charles Kemish, to help me to my 300. l. which by your assignment I should have had four moneths ago from him, or els tell me plainly and truly you will not, cannot, or dare not (for feare of my adversaries) meddle with my businesse to do me any effectuall good, and I do assure you I will take it for an honest finall answer, and never trouble you particularly any more, but put my businesse to a publike test, by one more printed addresse, sutable to my extremities, and if I must perish (because I cannot, nor will not creaturize, to crouch unto mens corrupt lusts and wills) I perise; but by Gods assistance I shall do the best I can, if it must needs be so, that it shall be with a witnesse. So with my service presented unto you, being desirous to &illegible; upon you at your lodging for an answer, I rest,

Yours, very desirous to have just cause to be

From my lodging in Brewers yard
in Kings three Westminster,
Decemb. 16. 1648.

Your Servant,

John Lilburne.

So when my Ordinance came to the Lords, they disinabled me to cut down any more timber trees, then what was already fell’d, which I judged fitter for me to content my self with, then to struggle any longer to get it passe, as the House of Commons had sent it up, so, the Lords in two or three daies dispatched it, and sent it down to the House of Commons for their concurrence, according to those abridgements they had made in it, and taking my opportunity to sprak to those in the House of Commons, I had interest in, I intreated them to dispute it no more, but passe it as the Lords had gelded it, and accordingly they did, the copy of which thus followeth.

Dic Jovis 21. Decemb. 1648.

An Ordinance of the Lords and Commons assembled in Parliament, for raising of three thousand pound, out of the sequestred estates and compositions of Sir Henry Gibb Knight, Sir Henry Bellingham Knight and Baroner, and Thomas Bowes Esquire, lying and being within the County of Durham, to be paid unto L. Col. John Lilburne, by the Committee of Sequestrations of the said County, for and towards the reparation and damages of the said John Lilburn, which he sustained by vertue & colour of two unjust Sentences, or Decrees given and made against him in the late Court of Starchamber, the one the 13. of February 1637. the other the 18. of April 1638.

WHereas the cause of Lievt. Col. John Lilburne, concerning two sentences pronounced against him in the late Court of Starchamber 13. February, decimo tertio Caroli Regis, and the 18. April decimo quærto Caroli Regis, (which were voted the 4. of May 1641. by the House of Commons to be illegall, and against the liberty of the Subject, and also bloody, wicked, cruell, barbarous and tyrannicall) were transmitted from the said House of Commons unto the House of Lords, in which the House of Peers concurred in judgment, and the 13. of February 1645. declared the said proceedings of the said Starchamber against the said John Lilburne to be illegall, most unjust, and against the liberty of the Subject, and law of the land, and Magna Charta, and unfit to continue upon record, &c. The said Lords and Commons taking into their serious consideration the extraordinary sufferings and barbarous tyranny that by colour of the said unjust Decrees were inflicted upon the said Lievt. Col. John Lilburne, and the long time hitherto elapsed without any satisfaction, do conceive it most just, equitable and reasonable, to repaire him in some considerable manner; and therefore in pursuance of two orders of the House of Commons, one of the &illegible; of August 1648. and the other of the 5. of September 1648. have ordained, and be it hereby ordained by the Lords and Commons assembled in Parliament, and by the authority of the same, That the said John Lilburne shall have, and receive the sum of 3000. l. to be paid unto him or his Assignes by the Committee of Sequestrations for the County of Durham out of the first profits of the sequestred estates both lands and goods of Sir Henry Gibb Knight, Sir Henry Bellingham Knight and &illegible; and Thomas Bowes Esquire, lying and being in the County of Durham, having been all &illegible; in the late &illegible; insurrections, and aiding and assisting to the most wicked invasion of Duke Hamilton. And the said Committee are hereby &illegible; to sell all such woods (except timber &illegible; now standing) as may conveniently be spared, and now standing upon the said lands (or already &illegible;) or any of them. And if the said Sir Henry Gibb, Sir Henry Bellingham, and Thomas Bowes, or any of them shall compound for their estate, so much of the said three thousand pounds as then shall remain unsatisfied, shall be paid unto the said John Lilburne, or his assignes, out of their, or the first of their Compositions. And this Ordinance or copie thereof attested under the hand, or hands of the Clerk, or Clerks of one or both Houses of Parliament, shall be a sufficient Warrant to the said Committee of Sequestrations in the said County of Durham, to pay the said 3000. l. &illegible; &illegible; before expressed, unto the said John Lilburne or his assignes; and likewise to &illegible; and save harmlesse, all, and every person or persons that shall any way act in the performance of the true intent and meaning of this Ordinance.*

Joh. Brown Cler. Parliamentorum.

H. Elsynge Cler. Parl. D. Com.

With which Ordinance I posted away to you of the Committee of Durham, where as you may remember, I found Sir Arthur Haslering amongst you, continually sitting with you, not onely as a Member of your Committee of Militia, and of Sequestrations, but also Chair-man to them both; and not only that, but also Lord paramount over you all, doing even what himselfe pleased by meere will, scaring your Orders, &illegible; &illegible; and putting in what he pleased; of the most of which I then being an eye-witnesse, I very seriously (as you may well remember) inquired of my Father, Colonell Midford, M. &illegible; and your selfe, whether by Ordinance of Parliament Sir Arthur was a Member of your Committees? and you all told me no, he was not of either of them; at which I wondered, and stood amazed, that he durst do that which he constantly did, and that you were men of such low and meane spirits, as to suffer him, yea, or to &illegible; him so much as to &illegible; amongst you; but it was replyed to me, as you may remember, how could you help it? for your County was more in slavery then all the Counties of England, never having either Knights, or Burgesses in Parliament, to speak and act there for the welfare of your County, or any that belong to it, and &illegible; it well, and besides, Sir Arthur was a great and a powerfull man both in Parliament and Army, and had souldiers enough at his heels: upon all which he &illegible; himselfe so high, that he presumes to do even what he pleaseth, and who dare to controule him? for, hath he not meerly by his will, and of his own Authority laid foure shillings a chaldern* Excize upon coles? (which at the dearest with you are sold under twenty shillings the chaldern) in which arbitrary taxation not onely all London is concerned but almost all the Sea and great Townes in the South of England, &c. and yet the City of London it selfe never prosecuted him therfore, no not so much as complained of him, and therefore much more may he doe what be pleaseth amongst you, who rationally have scarce any means afforded you so much as to complaine of him, much lesse to help your selves aganst him, and therefore you advised me then to &illegible; and see, and say nothing, but look after my owne businesse, to get that dispatched, which you very well know I fully acquainted your Committee with at Durham, while Sir Arthur Haslerig was there, before whom my Ordinance was read, and appeared of without the least exceptions, and the originalls delivered to your Clerke to record in vour Journall, and with whose consent and approbation (I meane Sir Arthurs) your Committee made this following Order.

&illegible; &illegible; die Januarii, 1648.

WHereas by an Ordinance of Parliament dated Decemb. 21. 1648. it is declared, that I &illegible; Col. John Lilburne &illegible; had two Sentences pronounced against him in the &illegible; Court of Starchamber, Febr. 13. decimo &illegible; Caroli Regis, &illegible; 18. of April, decimo quarto Caroli Regis, which were &illegible; the 4. of May, 1641. by the House of Commons to be illegall, and against the Liberty of the Subject, and also &illegible; &illegible; cruell, &illegible; &illegible; &illegible; were &illegible; from the said House of Commons &illegible; the House of Lords; in which the House of Peers concurred in judgement, and the 13. of Febr. 1645. declared the &illegible; of the said Starchamber to be illegall, and most unjust, and against the Liberty of the Subject, and the Law of the Land, and Magna Charta, and unfit to continue upon record, &c. whereupon the Lords and &illegible; did conceive it most just, equitable and reasonable, to repaire him in some considerable manner; and therefore or &illegible; that the said Lievtenant-Col. John Lilburn shall have and receive the sum of 3000.l. to be paid unto him, or his Assigne, by the Committee of Sequestrations for the County of Durham, out of the first profits of the sequestred estates, both Lands and goods &illegible; Sir Henry Gibbs Knight, Sir Henry Bellingham, Knight and Baronet, and Thomas Bowes Esquatre, lying and being within this County of Durham, having been all active in the late Northern &illegible; and &illegible; and assisting to the most wicked &illegible; of Duke Humbleton, in obedience unto which said Ordinance, it is this day ordered by the Committee of Sequestrations for this County, That the said Lievtenant Colonell Lilburn or his assigns, &illegible; and may, and hereby is authorized to go to the severall &illegible; and &illegible; of the said severall Delinquents, to demand and &illegible; the severall &illegible; profits and debts, &illegible; to &illegible; or any of &illegible; for and towards the payment of the said three thousand pounds, and his or their receipt shall be their sufficient discharge, and the said &illegible; Farmers, or &illegible; &illegible; presently, or within 14. daies after, to send copies of the said &illegible; to this Committee; and the said &illegible; Colonell John Lilburn, is from time to &illegible; to certifie this Committee, the manner of his procedings &illegible; and he is also &illegible; hereby, to go and repair to Henry Young, Banchman of the &illegible; of &illegible; or to his Deputy or Deputies, and &illegible; to enquire and inform himself of the true estate and value of the said Collyery, as relating to the said Mr. Thomas &illegible; As also to repair to the Iron Mill and France at Hunwick and Witton, and there to take a true and perfect account, and Inventory, of all the Stock, Implements, &illegible; and &illegible; and of all profits and advantages arising, growing or coming thereby, unto the said Mr. Thomas Bowes, and speedily to certifie this &illegible; thereof, also to summon, John &illegible; Steward of the Iron works at Witron, and the said Henry Young, to be before this Committee at Gatshead, upon Wednesday next, to give in and testifie their knowledge, touching Mr. Bowes his &illegible; in the said Iron works and Collyery.

Isaac Gilpin Cler. Com.

By vertue of which Order, my Father and my self went to the Tenants of the three &illegible; Delinquents, as also to the foresaid Young and &illegible; which &illegible; and &illegible; according to the aforesaid order appeared at &illegible; before Sir Arthur &illegible; and your said Committee of Sequestrations unto whom I punctually gave an &illegible; account of Mr. &illegible; &illegible; at Karterthorn, and his Iron Mill and &illegible; at &illegible; and it &illegible; upon which the foresaid &illegible; were examined what they conceived Mr. Bowes interest in the said &illegible; and Iron Mill to be worth, and after they had given in their Verdict and opinion, the said Committee of Sequestration &illegible; &illegible; my &illegible; &illegible;) the said &illegible; his interest to Sir Arthur &illegible; &illegible; 400. l. &illegible; money, upon his ingagement to pay it me at London, (which he did) &illegible; the &illegible; &illegible; &illegible; a &illegible; after, as part of my 3000. l. and I &illegible; received then in the &illegible; of &illegible; &illegible; Tenants &c. of the &illegible; these &illegible; &illegible; 100. and 200. l. &illegible; money, &illegible; which I certified your Committee of &illegible; Durham, and by &illegible; &illegible; order, delivered to their Clark and &illegible; &illegible; of all the &illegible; I had &illegible; the severall Tenants, who comparing them with the respective &illegible; and &illegible; &illegible; for &illegible; and &illegible; (the &illegible; of which they had by them) did &illegible; my accounts, and gave me a &illegible; &illegible; &illegible; &illegible; &illegible; upon the &illegible; of February, 1648. &illegible; &illegible; Isaac Gilpin Cler. Com. &illegible; &illegible; &illegible; &illegible; so that new I have from step to step &illegible; you my &illegible; and &illegible; to my 3000. l. which is not &illegible; &illegible; given me, &illegible; &illegible; &illegible; &illegible; by the &illegible; but the &illegible; and product of severall legall Parliamentary judgements &illegible; given me for &illegible; &illegible; &illegible; &illegible; and losse of &illegible; and &illegible; by illegall unjust decrees made and given &illegible; me, which Parliamentary judgements and decrees of mine, and some of them of &illegible; standing, &illegible; &illegible; &illegible; &illegible; &illegible; the King and Parliament, others of 5 and 4. years standing, &illegible; &illegible; &illegible; and &illegible; were a free, just and &illegible; &illegible; in the &illegible; &illegible; I all the &illegible; in England, &illegible; of &illegible; and &illegible; &illegible; &illegible; &illegible; of the &illegible; of 3. and 2. years &illegible; &illegible; &illegible; Houses were commonly received and &illegible; &illegible; an unforced, &illegible; and &illegible;Parliament; and the very last passing of my Ordinance was, by both &illegible; &illegible; the &illegible; &illegible; or the Kings &illegible; whose death in Law &illegible; &illegible; a &illegible; the Parliament.

For sail &illegible; &illegible; which &illegible; &illegible; &illegible; &illegible; the &illegible; &illegible; of &illegible; of the 8. &illegible; &illegible; &illegible; &illegible; The &illegible; &illegible; &illegible; Liberties of &illegible; &illegible; &illegible; &illegible; pag. 55. 56. &illegible; and Mr. William &illegible; &illegible; &illegible; &illegible; &illegible; &illegible; the illegall tax of 90. &illegible; pounds per annum. pag. 3. 46. 47.In most of which judgements, Sir Arthur &illegible; &illegible; of &illegible; I am sure of it &illegible; in some of them, and who was one of those that was &illegible; in &illegible; one into a &illegible; just, and legall &illegible; (for so it was eminently up in his own &illegible;) of my long strugled for, and dear bought &illegible; &illegible; which in the &illegible; &illegible; of God or man, I have as true a judiciall legall right unto, as either he or you have, or &illegible; had, to any cloaths you wore in your lives, and therefore &illegible; I may well call it theft in &illegible; in &illegible; my goods or &illegible; &illegible; me by &illegible; &illegible; &illegible; just like a cutter upon the high way, yea and by &illegible; and the &illegible; Parliaments principles, &illegible; itself, in &illegible; &illegible; me of my legall and just come by estate, without any manner of &illegible; it &illegible; &illegible; &illegible; &illegible; as upon any &illegible; upon a paper Petition, or so much as ever &illegible; &illegible; to answer for my self, or to know what he had to lay to my charge, as a colourable pretence to take it away from me: it is impossible for him to plead ignorance of my right, be having as is before truly declared, been privy to all the circumstances of my just proceedings, yea as I understand, my Father did not a little plead my right with him, and produced my Ordinance &c. to his face to maintain it, when he took it away, which notwithstanding he valued not, but most &illegible; premiditately, and in &illegible; and contempt of the Law of England, and &illegible; trayterously in subversion thereof, bath exercised an arbitrary and tyrannicall power over and above the Law, in his taking it away, for which felonious and &illegible; Action of his, by Gods assistance I will stick as close to him, as ever his &illegible; did to &illegible; back, or as ever I did to the Bishop of &illegible; who for lesse villanies then his, I saw lose his head as a Traytor upon Tower Hill.

Sir, the late King hath lost his head by Sir Arthur and his associates for tyranny, &illegible; advancing his will above the Law of England, as in his impeachment, princed at the last end of my late Impeachment of Cromwell you may read pag. 57. 58. And yet I am sure &illegible; formerly, and (for any thing I groundedly know to the contrary) legally impeached Haslerig of high &illegible; and yet never pretended any right to a penny of his estate before conviction, but Haslering nor any body else never laid any crime in the world to my charge, either of Treason particularly, or of Felony, or Misdemeanour, or any thing else, and yet hath seized upon my &illegible; without any pretence or shadow, or colour of Law.

And that the King impeached him, you may read in &illegible; part Parliament. book &illegible; pag. 34. 35. which &illegible; thus followeth.

Articles of high Treason, and other Misdemeanours against the Lord &illegible; Mr. &illegible; John Hampden, Dewkill Hollis, Sir Arthur Haslering, and William Strode, being all Members of the House of Commons.
  • 1That they have trayterously endeavoured to subvert the fundamentall Laws and Government of this Kingdome, and deprive the King of his legall power, and to place on Subjects, an arbitrary and tyrannicall power.
  • 2That they have endeavoured by many foul aspersions, upon his Majesty and his Government, to alienate the affections of his people, and to make his Majesty &illegible; to them.
  • 3That they have endeavoured to draw his Majesties late Army to disobedience to his Majesties command, and to side with them in their trayterous design.
  • 4That they have trayterously invited and incouraged a Forraign Power, to invade his Majesties Kingdome of England.
  • 5That they have trayterously endeavoured to subvert the very rights and beings of Parliament.
  • 6That for the compleating of their trayterous designes, they have endeavoured as far as in them lay, by force and terrour, to compell the Parliament to joyn with them in their trayterous designs, and to that end, have actually &illegible; and countenanced &illegible; against the King and Parliament.
  • 7That they have trayterously conspired to levy, and actually have levied &illegible; against the King.

And therefore the premisses duly &illegible; Haslerig hath dealt more unjustly, more illegally and more unrighteously with me, thereover the King dealt with him, or his Associates, and therefore as a Tyrant and a &illegible; be ought to die therefore upon his own practised and declared principles. But moreover, although the King formally and for any thing I know to the contrary, Parliamentarily impeached him as a Tristour, and yet for all that never sought for or challenged any of his money, Lands, or Goods, untill be were Legally convicted: and yet by the Parliament it &illegible; it was looked upon &illegible; such a violation of the Law (because it was &illegible; they pretended formall in every punctilio according to the Law) as occasioned the highest &illegible; against the King that their pens could invent, with aggravation upon aggravation, and no personall &illegible; from the King himself could serve their &illegible; (&illegible; &illegible; of which you may notably and felly read in the 2 Edition of my book of the 8 of June 1649 pag. 12. 13. 14. 15. 18. 19. 20. 21.) till they had made it the first declared occasion to &illegible; the &illegible; &illegible; the &illegible; eight yeers cruell warres &illegible; England; yea and for it, and such like as it, at the &illegible; they took off the Kings head as a Tyrant, &illegible; that he had set his will above the lawly which he ought to have governed, as appears in the first Article of his impeachment, Therefore let Haslerig look to &illegible; for I &illegible; &illegible; if he or his bloodthirsty associates should &illegible; me, yet God out of &illegible; would &illegible; &illegible; vigorously to endeavour to bring his neck to the gallows, or his head to the black for his Tyrannies and Arbitrary dealing with me, and for my part so long as I have &illegible; (by &illegible; gracious assistance of God). I shall not bate him an &illegible; although I perish in the prosecution of &illegible; &illegible; &illegible; and all his associates do the worst they dare or can.

And therefore Sir, I most earnestly beg of you, to intreat my Father to pluck up so much courage, as truly and exactly to state the present condition of my businesse with Haslerig, and send me an exact Narrative of it from the beginning of Haslerigs medling with it: and also I intreat you your self, to certifie me (if you dare) under your hand, the manner and particulars of all his arbitrary dealings with your particular self, and your Committees &c.

And whether that he himself were not the absolute and single Instrument, that caused you and my Father for your publike and known good affection to the Common-wealth and nothing else, to be turned out of the Commission of the Peace, &c. And when he had so done, whether he alone by his meer Will and Prerogative did not name Master Henry Draper, and caused him to be made a Justice of the Peace, &c. although as I am credibly and certainly informed, &illegible; was a notable Cavalier, and had a Commission from the Earle of Newcastle, and not three months before HASLERIGS making him a Justice of Peace, he had paid part of his Composition to HASLERIGS own particular hands or his Treasurer by his order and appointment?

And whether he did not also lately name, and by his Prerogative will put in Sir Richard &illegible; for another Justice of Peace for your County, who to my own knowledge was &illegible; my last being in your County found and proved a Delinquent; Sir Arthur himselfe being one of his &illegible; Prosecutors, and stands sequestred as a &illegible; &illegible; Cavalier to this day?

And whether he did not lately the same to Sir George Vane, who you may remember at the Committee betwixt you and John &illegible; and his Cavalier brother in Law, Mr. &illegible; where Sir Arthur (at Westminster in &illegible; last) &illegible; Chairman? I offered &illegible; Sir Arthurs face, and all the rest of his fellow Members to prove Sir George Vane a Cavalier; and to have been actually in Arms with the King &illegible; &illegible; &illegible; and also opened to Haslerigs &illegible; and the whole Committees, Haslerigs &illegible; and &illegible; &illegible; in the North, in contradicting the Orders of your Committee of Sequestration, and racing out of their Orders what he pleased in the case of Shadforth and your self, and putting in what he pleased, yea and against the Order and mind of the Committee would have &illegible; his particular Order to passe for your and Shadforths drawing stakes (to the great intentionall cheating and &illegible; of the Common wealth, after Shadforth was fully proved a Delinquent upon the 14. Articles, and to save himself had impeached you (who desired nothing but a fair and judiciall triall) to be another; of which false Charge, since as I understand, for all Haslerings and John Blastons power and malice; The present Juncto hath fully &illegible; you, which Shadforth by his meere will as I understand he hath since made a justice of peace &c. as also Colonell Francis Wren: who he himself knowes, was most &illegible; and &illegible; in the head of his Regiment in Scotland, cashiered, by his friend Cromwell for a &illegible; &illegible; &c. And all the he hath done as to me clearly appears, that he may rule and govern you by his will and pleasure, and have &illegible; in power that shall &illegible; to &illegible; him, or to tell tale, of him: of which rather then he will faile, hee will against his owne declared Principles, and the ‘Ordinances of Lords and Commons, yea the acts of the present Juncto make use of the notablest Cavaliers amongst you to be your principall governours, and more especiall Rulers and yet lately would have hanged me for but appearing corresponding with the Princes Agents, of which be &illegible; zealous to take away my life for that rather then he would fail, he &c. attempted to tribe and &illegible; false witnesse to swear against me: declaring bare correspondency with the Prince his Agents to be crime enough to take away my life, as is truly noted and declared before pag. 7. 8. 9. 10. ‘O brave Arthur; whom for his base and villanous wicked dealings with me &c. I hope not onely to scare but also really to scourge, and thereby put him into a greater fright, then he was in when the Earle of Stamford (a lesser man then himself) &illegible; him as he was going to his house nigh Istington, although he had his sword his side; of which a few days after like a poor cowardly School boy, with little better then his finger in his eye, he complained of to his Masters of Associates in the House of Commons.

And as for your desire in your letter, for me a few dayes to come downe, to look after my owne businesse my selfe.: I cannot but return you this answer. First, If I would I cannot, for I am not absolutely at liberty as you suppose, onely I have liberty upon the day time to go see my distressed wife and family, which I procured not upon a petition to the house ‘(as their Friday Newes-mooger Henry Walker that lying and base fellow with other falshoods about me hath lately printed) but upon a letter the Copy of which thus followeth.

For my honoured and noble friends, the Lord Grey of &illegible; Colonel Henry Martin, Col. Francis Russell, Capt. Fry or any of them these present.

My Lord and Gentlemen,

‘A Greater triall then ever I had upon me in my life, forces and compells me to bee troublesome unto you, or else I should not have presumed to have pat you upon so unwelcome an imployment as to make a publike Motion for a man so despicable and obnoxious to the eyes of the great men in present power as I am; but necessity hath no Law, and therefore I must acquaint you, that the over-ruling disposing hand of him (that without whose over-ruling providence, the meanest hair of my head shall not fall to the ground) hath so pleased to lay his visiting hand upon my eldest son by a violent &illegible; for this 3. weeks, and my selfe being very dear to the poor boy continually in his sickness to the exceeding spending of his spirits) CRYED OUT TO SEE HIS FATHER OR BEE CARRIED TO PRISON TO HIM, and upon Saturday was sevennight, my child being very ill all night, crying scores and some hundreds of times for his Father to come to him, the knowledge of which in the morning very much pierced the bowels of his tender mother, and supposing that if I could be got to come and see him, it might much refresh his spirits, and so case the child of some of his extremitie of pain, Upon Lords day after in the morning in little better then half a distempered condition, the posted away to Mr. Holland to Sommerset house, and with teares begged him to get me two or three daies liberty upon my Paroll to come and see him, knowing he had if he pleased power enough to get it done, and have once again and again sent to him, but all in vain; Truly &illegible; I have often mused upon that saying of the Spirit of God, Prov. 12. 10. That the &illegible; &illegible; of the wicked are &illegible; but that the tender mercies of men professing God, &illegible; and a publike Reformation of tyranny and cruelty, should be so fail of &illegible; as to TORMENT THE POOR CHILD, FOR THEIR INDIGNATION AGAINST ME HIS FATHER, is that that &illegible; me and amazeth me, and makes death more desirable to me (fully knowing in &illegible; &illegible; &illegible; beleeve) then to &illegible; under such mens Government. Sure I am the BISHOPS in the days of the highest of Lands Tyranny, had more bowels of &illegible; &illegible; to men in my case, as I could instance; and all my torments suffered by &illegible; I can never equall to this. But how-ever, I must be patient, although my poor &illegible; lain in the height of torment till this afternoon, with His Absent Father Continually In His Mouth, so long as he had strength to speak of me, &illegible; whose sorrows and miseries, with both my other childrens falling sick upon Sunday &illegible; of the small Pocks (the youngest of which sucks its mothers brests) hath so overwhelmed her spirits, that yester-night it brought her close to deaths doo; Of which, when I understood to day, I posted away to you four, to Beg And Beseech You, or any one of you, at this great strait, to make a Motion openly in your House, &illegible; little liberty for me to go see my distressed Wife and Children. I Confesse I Should Not Have Put You To Such A Trouble For The Saving Of My Ovvn Particular Life, “But your House being risen, &illegible; messenger brings me tidings of the death of my poor babe, and the exceeding &illegible; ‘of my Wife, and her exceeding desire to see me in her great distresse. Therefore I earnestly beseech you, as bowels of men dwell within you, to make an effectuall and speedy Motion in your open House, for a few dayes liberty for me to go see my distressed Wife, giving satisfactory Security to the Lieutenant of the Tower for my faithfull return at the hour appointed. Make your own terms as strict as you please; For Though I Lie In A Dungeon In Fetters Of Iron At My Coming Back, “I care not, so I may but see her. So, with my reall Service presented to you all four, craving your pardon for my troubling of you for a Motion in your House, which I know cannot be pleasing to you, I take leave to rest,

Sirs,                                                               
Your affectionate and hearty Friend and Servant.

From my close Imprisonment
in the Tower of London,
this 17 of July, 1649.

JOHN LILBURN.

Upon the delivery of which said Letter to Col. Henry Martin, (the other three which it was directed to, being out of Town) he procured this following Order.

Die Mercurii 18. July 1649.

ORdered by the Commons assembled in Parliament, that the Lieutenant of the Tower of London, permit Lieut. Col. John Lilburn to go out of the Tower, to visit his Wife and Children, being sick, upon such security (as the Lieutenant of the Tower shall think &illegible;) &illegible; render himself again to the prison of the Tower.

Henry Scobel Cler. Parliament.

Secondly, Being as I am, although my not coming down would lose me six times as much as Haslering hath a reads &illegible; upon; yet could I not be &illegible; in my own spirit (against the dictates of which I &illegible; &illegible; go for all the world) to addresse my self to those men for liberty to come down; no, nor so much as give my consent that any other &illegible; do it for me.

But thirdly, If I were absolutely at liberty, I should &illegible; judge it either wisdom or discretion, to come immediately under the armed power of a man that hath so thirsted after my blood, and dealt so illegally and &illegible; with me as Haslering hath done, in the face of the throng of my friends: and without all question he that at London (where I have more friends then Haslering himself) will not stick to run the hazards of going so many indirect wayes to work, to take away my innocent life, will make no bones (himself) to knock my brains out, could he catch me in the &illegible; clutches of his armed &illegible; power at New-castle, far off from the throng of my friends. So with my true and obliged love and respect presented to your self, and my Ant your second self, I heartily commit you to God, and rest:

From my Imprisonment in
the Tower of London,
this 18 of Aug. 1649.

Your faithfull and affectionate loving Nephew,

JOHN LILBURN.

FINIS.

Endnotes

 [(*) ] See notably to this purpose in the 2 p. instit. fol. 48.

 [(*) ] Peruse carefully I intreat you the quotations in the 6 and 8 pages of my forementioned impeachment of high Treason against Cromwel, as also the 12 and 15 pages of the 2 edition of my forementioned book, dated the 8 of June 1649. Intituled The Legall fundamentall liberties, &c.

 [(*) ] And their warrants since for my close imprisonment, &illegible; thus (without any cause or crime expressed in them Die Mercuri) 9 of May 1649 Ordered by the Commons assembled in Parliament, that there be restraine upon all persons from comming to Lieu Col. John Lilburne, M. Thomas Prince, M. William &illegible; and M. Richard Overton, except their wives and children and necessary servants, Hen. Scobel Cler. Parlie. and then the 12 of May 1649. It is Ordered and Resolved that we all four be &illegible; at close Prisoners, apart &illegible; from another in severall lodgings in the Tower, but he were wise that knew wherefore.

 [(*) ] See the Act of his Attainder which saith, that he is impeached of high treason for endeavouring to subvert the ancient and fundamentall lawes and government of his Majesties Realmes of England and Ireland, and to introduce &illegible; Arbitrary and Tyrannicall government against law in the said Kingdoms, and for exercising a &illegible; and &illegible; power over and against the lawes of the said Kingdoms, over the Liberties, estate, and lives of his Majesties Subjects, for which he is adjudged and &illegible; of high Treason, and shall therefore suffer the paines of death, and losse of his estate. See this at large in the peoples &illegible; pag 29.

 [(*) ] Which very language is now growne so common amongst them, that their little Beagles commonly yelp it out; See Master Prinnes Book, called a legall vindication of the Liberties of England against illegall taxes and &illegible; Acts of Parliament, lately enforced on the people, pag. 1

 [* ] Whose legal interest thereunto is thus: Nicholas Young Esquire, had a Patent from Bishop &illegible; about 30 yeers since, confirmed by the Dean and Chapter of Winchester (which is unquestionably good in Law) for the keeping of the Manor of Winchester House in Southwark: and not only so, but also for his life to enjoy all the profits, benefits, &c. of the said Manor house, gardens, orchards, and all things thereunto belonging, as is largely set forth in the said Parent: All which, upon speciall view of Youngs Evidence by a select Committee of Parliament, hath been since solemnly confirmed by an Ordinance of a full, free and unquestionable Parliament about five yeers agoe; which Ordinance &illegible; Devenish to pay Young as his tenant, for his unquestionable, legal and confirmed right in the said house 52 l. &illegible; &illegible; for the bare Manor House; reserving unto the said Young as much besides, as was worth about as much more per annum: all which right the said Devenish bought for money of him, and M. Iohn Cook drew up the conveyances; who both often told me, Devenish his right was as good as either Law or Ordinance could make it: of which Devenish I took a Lease for three yeers, in case Young lives so long, for as much as I am to pay 18 l. per annum: and yet by force of arms, without any manner of proceedings at Law, by the command and wil of the said Trustees &c. we are dispossessed of our just and legall possessions by the stands of the Sheriff of Surrey, who (if we could enjoy any Law, as in the least we cannot) is liable to repay all our &illegible; &c. But for my part, seeing I live in a Land where Law and Justice is in word, professed, I am resolved as soon to part with my heart blood, as in silence, slave and vassal-like, part &illegible; my legal and unquestionable right and possession, although the Trusted, have lately sold it (as it is said) to M. Walker of Newington; which they have no more right to do, then so many theeves have to sel the clothes of my back O brave independent Justice! more abominable in their ways and doings, then all the corrupt Interest that pretendedly for tyranny they have pulled down.

 [|| ] It was well said in a Speech against the Ship-mony Judges, Take from us (as the said Judges by that Judgment had done) the propriety of our estates, our subsistence, and we are no more a people: Speeches and Passages of Parliament pag. 271.

 [**) ] The punishment of Conspirators saies Cook in his 3. Part Inst. f. 122 is fivesold, 1. That their bodies shall be imprisoned in the Common Goal. 2. Their Wives and children a moved out of their houses. Thirdly, that all their Houses and Lands shall be seized into the Kings hoods, and the House wasted, and the Trees extirpated. Fourthly, All their goods and chartels forseined to the King. Fiftly, That they shall lose the freedom and franchise of the Law. That is, 1. They shall never be of any jury, or recognisers of assize. 2. Nor ever be received for a witnesse in any case. That they shall never come into any of the King Courts, but make Attorney, if they have anything to do there; so this in called a villanour indictment (in the 24. 5. 3. f. 33. & 27. ass. 33.) because of the villany & insamy, which they deserve against whom it is given, and all is in &illegible; by the Common Law. See also f. 143. 153. See also more to this purpose, 1 part. Inst. fol. 294. and 2. part Insist. f. 130, 237, 238, 562.

 [(**) ] Mark Haslerigs wicked, and bloodthirstiness after our innocent lives.

 [(a) ] Yea an Agent of the said Haslerigs and Cromwels called Richard Arnold a Hopman at the Blue Anchor in Thames Street neer Billingate, and a Member of the Knavish Conspiracy called Mr. John Geo Iwins Congregation, upon the Exchange about the time that the Juncto’s new Treason trap came out, gave his Instruction to Justice Cooper in Southwark, under pretence of friendship to come and visit us on purpose by discourse to insnare us, and so to bear witnesse against us, of which one that heard the Instructions given, out of conscience of our integrity against his particular Interest, came to the Tower and told us all, how and by whom, Major, or Justice Cooper was appointed to come, the time when, and also the Subject and manner of his discourse, who accordingly the next day came accompanied with our &illegible; friend Justice Hist. once of Southwork, &c. and Cooper especially demeaned himself exactly according to his Instructions foretold to us; but being forewarned of his intended villany, and Arnolds plot to take away our lives, we were fitted for them, and within a few dayes after, we sent for Cooper, and before divers honest people, opened to his face all Arnolds bloody designe upon us, to both their insamy and shame.

 [(*) ] And yet a greater Judasly villaine, never breathed upon the earth.

 [(*) ] Its a common saying a &illegible; lier had need of a good memory, which Verney wonts; for at this time Scroops Regiment was &illegible; Salisbury in Rebellion against their Generall and Officers.

 [(*) ] And yet as the same time had Bradshaws and Frosts Commission to write this Letter, O pure Rogue!

 [(*) ] The answering of which in any &illegible; had apparently hazarded my life.

 [(**) ] Read carefully for illustration hereof my Law-quotations in the Marginall note of the six: page of the &illegible; Impeachment of High Treason against Oliver Cromwel and his Son in law Henry Ireton.

 [* ] “Where, I very well remember, Sir Arthur Haslerig was one of my zealous and forward Judges; and when Warned James &illegible; came to the &illegible; of the Court of Wards, and brought Master &illegible; &illegible; Councellor to plead for the Lords, and in excuse of himself, who &illegible; insisted in a high manner upon the orders and decrees of Star-Chamber, upon which I very well remember Sir Arthur with a great deale of indignation said unto &illegible; I value not a Decree of the Lords in Star-Chamber a &illegible; if the not expresly according to the tenor of their commission the Law, and I further tell you it is a ridiculous thing Sir to summon Parliaments to meet together to make Laws, if the Lords decrees in Star-Chamber against law should be binding; and therefore, although you have proved for your Clyant Master Ingram that the Lords in open Court (the Court sitting) commanded him on the Pillory to &illegible; Master Lilburne yet for speaking against them, I tell you by law that order ought to have beeen in writing according to the custom of the Court, which you confesse it was nor, and therefore Master Ingram must smart for his executing of orders on M. Lilburne made illegally.

 [(*) ] Whose very words all are recorded by M. John Cook in his printed Relation of that dayes proceedings before the Lords, who in the 3 page thereof upon the reading of the Star-chamber sentence against me, most truly recites Mr. Bradshaws observations in these very words; viz. that the said sentence was &illegible; guilty of its own death, the ground whereof being because Mr Lilburne refused to take an oath, to answer to all such questions as should be demanded of him; It being so &illegible; to the Lawes of God, Nature, and the Kingdom, for any man to be his own &illegible; and yet the same Mr. Bradshaw after he hath most illegally taken away the Kings life and &illegible; his hands in his blood: commits me then to prison for suspition of Treason, meerely for refusing to answer to a question that he himself demanded of me, as fully appears in the 2 edition of my picture of the Councell of state pag 10. 11. 16.

 [|| ] “See notably to this purpose those pregnant instances in my Epistle to my nick named Levelling friends, usually meeting at the &illegible; in &illegible; behind the Exchange, dated From my close imprisonment in the Tower of London, the 17 of July, and recorded in my Impeachment of high-Treason against Oliver Cromwel, &c. pag. 6. 7. 8.

 [(**) ] ‘But the Lord Roberts, the Lord Wharton, &c. told mee severall times, if their estates had not been under Sequestration by Ordinance of Parliament, they would never have gone about to fix my reparations by Ordinance (which they must needs then doe to take off the Sequestration) but have issued out a decree and extent under the great Seal immediately to have put me in present possession of my 2000 l. which they said was their right by Law to doe.

 [(*) ] ‘Viz. the Earle of Salisbury, but especially old Sr. Henry Vane that notorious and guilty Traitour, that betrayed all the North of England to the Earl of New-castle, the particulars whereof you may at large read in Englands birth-right pag. 19. 20, 21. and in my Resolved &illegible; Resolution, April 1647: pag. 14. 15, 16. 17, 18. See also the &illegible; Edition of my picture of my fore-mentioned book of the right of June 1649: pag. 19. 20. and the Impeachment of high Treason against Cromwell. pag. 6.

 [(*) ] ‘Read carefully Mr. Iohn Cocks most remarkable aggravations in his fore-mentioned relation of my sufferings at the Lords bar &illegible; 13. 1645. p. 8, 9.

 [* ] Yet I have &illegible; that &illegible; it with justification, as you may clearly and fully read in the second Edition of my book of the eighth of June, 1649. Intitulled, The legall fundamentall Liberties, &c. p. 23, 24, 25, 26, 27. 28, 29, 30. &c.

 [* ] The speedy doing of which they both publikely and privately, as solemnly promised and ingaged to perform as almost it was possible for men to doe, &illegible; clearly you may fully read in their two last forementioned Declarations, but especially that of the reasons of their last advance to London, which being but &illegible; I have herewith sent you, and intreat you most seriously to peruse, as a cleare and everlasting testimony against their present wretched and apostatized basenesse.

 [* ] And therefore for the Committee of Durham, who by this Ordinance stand ingaged to pay me my 3000. l. according to the tenure thereof, to suffer Sir Arthur Haslerig [that drama member of their Committee, and so by consequence hath no more to doe amongst them then any other man] by his meer will just tyrant like to take my money.

 [* ] Sir Arthurs very excize of coles alone in the two Ports of Newcastle and Sunderland, being commonly by the knowingest Ship-masters, &c. computed to be worth wel nigh a hundred thousand pounds per annum.

 

 


10.17. John Lilburne, Strength Out of Weaknesse (19 October, 1649)

Bibliographical Information

Full title

John Lilburne, Strength out of VVeaknesse. OR, The finall and absolute Plea of Lieutenant-Col. John Lilburn, prisoner in the Tower of London, against the present Ruling Power siting at Westminster. Being an Epistle writ by him, Sep. 30. 1649. To his much honored and highly esteemed Friend, Master John Wood, Mr. Robert Everard, Mr. Humphrey Marson, Mr. Hugh Hust, Mr. William Huchinson, Mr. James Carpen; whose names are subscribed Aug. 20. 1649. to that excellent Peece, entituled The Levellers (falsly so called) Vindicated; being the stated Case of the late defeated Burford Troops. And to Charles Collins, Anthony Bristlebolt, William Trabret, Stephen Smith, Edward Walgrave, Thomas Frisby, Ed|ward Stanley, William White, Nicholas Blowd, and John Floyd; whose names are subscribed, August 29. 1649. to that choicest of Peeces, Entituled An Out-Cry of the Young-men and Apprentices of London, after the lost fundamentall-Lawes and Liberties of England. Which said Plea or Epistle, doth principally contein the substance of a Conference, betwixt Master Edmond Prideaux, the (falsly so called) Attorney-Generall, and Lievetenant-Colonell John Lilburne, upon Friday the 14 of September 1649. at the Chamber of the said Mr. Prideaux, in the Inner-Temple.

PSALME 8.2. Out of the Mouth of Babes and Sucklings hast thou Ordained Strength, because of thine Enemies, that thou mightest still the Enemy and Avenger.

MAT. 10.19.20. But when they deliver you up, take no thought how or what you shall speake; for it shall be given you in that same houre what yee shall speake: For it is not yee that speake, but the Spirit of your Father that speaketh in you.

LONDON, Printed 1649.

Estimated date of publication

19 October, 1649.

Thomason Tracts Catalog information

TT1, pp. 772–73; E. 575. (18.)

LWV

T.214 [1649.10.19] (10.17) John Lilburne, Strength Out of Weaknesse (19 October, 1649).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Gentlemen, and loving Frinds,

I Know no men in England that in my owne Spirit I more highly prize and honour then your selves, for your Parts in making, & Mettle in subscribing the two fore-mentioned Discourses; which, without slattery, appeares to mee to be two of the most sensible and choice Peeces, for the present times, that ever I did see with mine eyes; and for which, in my opinion, the honest plaine-hearted men of England are as much oblieged to you, as possibly they can be to men for two Papers: at the last of which I heare (in especiall manner) the great men in Power are exceeding mad; and well may they, for in the 11 page of the Out-Cry, you have light upon the true Remedy of all England’s Maladies, and the reall-Way to its Peace and Freedom (viz.) The choosing out of Agents amongst those that yet are honest in the Army and Countrey, to promote the calling of a new Parliament, upon the Principles of the Paper called The Agreement of the People, Dated 1 May 1649. which they hate above all things in the Earth and Hell besides; as that which unavoydably will put a certain Period to their hatefull and most detestable, new, upstart-Tyranny; and therefore to assright you from the farther prosequnting of those excellent things you there promise, they have granted a Comission (as it is said) to set up a Bull-begger, called A Court of Oyer and Terminer, to try you for your Lives, which Comission (of Oyer and Terminer) is a meere Innovation upon our Liberties and Freedoms, and against the tenor of Magna Charta, and so void and null in Law, by the very letter of the late Act that abolished the Star-Chamber, as at the latter end hereof I intend more fully and particularly to shew you; it being an Extraordinary, Surprizing, Partiall, Præ-judging manner of Tryall; and therefore null, void, and illegall; being of the same Nature with the House of Lords, the High Court of Justice, and the Councell of State; and therefore the same Arguments that I used against them, will serve against this pretended Court of Oyer and Terminer: But my main and principall Exception against it, you will find conteined in the following Narrative of my late Discourse with Mr. Prideaux, the nick-named Attorney-Generall, which is, That the present pretended-Power is no true-Power, Authority, or Parliament in any sense; upon the strength of which Arguments, I am resolved (through the Power of my Lord God Omnipotent) to venter my Life, and all that in this world is deare to me, and therefore out of my indeered affection to you, shall exhort you to doe the same, as the most just, safe and honorable Plea in the World (as things now stand) that you can cast your Lives upon; The substance of which, without any intentionall or desirable wronging of Mr. Prideaux, thus followeth.

UPON Friday, being the 14. of September 1649. I was carried by the Lieutenant of the Tower to Mr. Prideaux’s Chamber in the Inner Temple, who when I came there, the Lievetenant went in unto him, and as I conceive acquainted him with my Salua Libertate that I had given him at the Tower, which is now in Print, which I beleeve Mr. Prideaux read, and after a little space of time I was called in to Mr. Prideaux’s Chamber, who civily saluted mee by my name, and I him by his; the rest that passed, so neare as my memory will enable me, I shall here set down without wilfully wronging of Mr. Prideaux in the least, who was very civill in his behaviour towards me, though otherwise smoothly cunning in his pretended Examining of me; but to go on, divers of my friend, in London (it seemes) had notice of my going thither, although I my selfe had little above two houres notice, and out of their affection they heare (I hope) to those Principles of Righteousnesse and Justice, for which I suffer, and publiquely hold out unto the world, came to see what would become of me, and therefore severall of them being in the outter Chamber with me, when I was called in to Mr. Prideaux’s inner Chamber, my friends followed mee at my heeles, which Mr. Prideaux seeing, after hee and I had done our Salute, desired them to withdraw, which because I was resolved not to own; his Attorney Generall-ship, but meerely to talke with him as a private man, I was not solicitous for their staying in: but the doore, as I perceived, being left open they stood there, and I am sure the most of them might easily heare mee what I said, for I spake high enough, although Mr. Prideaux spoake with a lower voice, who said to this effect; Lieutenant Collonel Lilburn, I am authorised by the Parliament, by vertue of my place I hold under them, to pursue some things that doth concerns you, and having taken some evidences of consequence about high matters that you are and will bee charged with; I thought it convenient before a Tryall upon them came, to acquaint you first with them to see what you would say to them, and receive your answer about them; and judging it the most civill way I could, I sent for you by wood of mouth, at which, it seemes, you tooke some distaste, therefore I writ my warrant for you the moderatest way I could word it; therefore to begin, there is a Booke with your name to it (which hee handed over the Table to me) Intituled, An Impeachment of high Treason against Oliver Cromwell, &c. wherein you lay grievous things to his charge, and I doubt not but you will make them good by proofe, and owne the Booke, will you not? So after a little pause, having stood bare while hee stood bare, I put on my hat when hee put on his, and pulling out a new booke out of my glove, I said with an audible voice to this effect, Mr. Prideaux, there is a new booke with my name to it, which is of my owne writing, every line of which (saving the Printers errours, which are many) I will owne and seale with my blood; in it you may reade of Sir Arthur Haslerings barbarous and Arbitrary dealing with me, in Robbing mee, by the Rules of his owne will of my estate; just Cutter like, while you unjustly keeps mee Prisoner in the Tower of London; but Sir, for to returne you an answer to your question, which is, whether that booke bee mine or no? I cannot, nor will not, because in the first place, I neither owne your Power, nor the Power of those that impowred you, which you call the Parliament; and therefore not knowing any such man is Attorney Generall Prideaux, neither being resolved to owne any such, yet seeing I am heare I will if you please in a private way talke with Mr. Prideaux Post-master Generall of England, and discourse with him upon any Subject hee pleaseth as long as her pleaseth, let him make the best advantage hee can; and this I will doe for that end that you may see I have some ingenuitie in me, and am able in any ground in England where ever I come, to say something for my selfe &illegible; my sufferings without &illegible; &illegible; amazement of &illegible; in the least, at all the &illegible; and tempe, is that it’s &illegible; to raise against me? And therefore Mr. Prideaux having knowne you many yeares as a gentleman of some note, I will upon these &illegible; (if you please) discourse with you and bee as civill unto you both in word and jesture, as you can desire, and I shall (I hope) so continue, unlesse you breake out first.

Well Mr. &illegible; (said hee) I shall bee as civill as you, as ’tis &illegible; for a man to bee with faithfullnesse to my trust and place; but I wonder that you should renounce the Parliaments Authoritie; I have knowne you when you have owned even this that &illegible; &illegible; So hee beckning to me to sit downe, I told him no I was resolved to stand while hee stood, and to sit downe when hee did, so wee stood, he &illegible; one end of the &illegible; and my selfe at the other all the time of our discourse; but I answered him and said; Well Mr. Prideaux wee are, it seemes, resolved to bee civill each to other, and for my part I say, let him hee judg’d an uncivill man &illegible; first breakes the Rules of Civil &illegible; betwixt us: but Sir, are you freely willing to heare mee, and I will &illegible; and ingeniously speake to that point of the Parliament? I with all my heart Mr. &illegible; (said hee.)

Well then Mr. Prideaux thus, you may remember the last yeare the Personall Treaty was &illegible; going on, which the Princes of the Army, thought to hee destructive not only to them, but also to the Peace, Freedome, and Liberties of the Nation and thereupon there was some overtures from them (amongst others) to a company of honest and plaine People here at London, commonly (but most unjustly) called Levellers, to joyne interest with them for the accomplishment of those ends wee all (at least in pretence) had beene long &illegible; for, viz. the Liberties and Freedomes of the Nation, and accordingly the Principles of the Army in their large Remonstrance from St. &illegible; of the 16. of November 1648. most gloriously and most &illegible; Declare, it was the this &illegible; of their Soules to see the Peace and Liberties of this Nation setled, and that not upon old rotten Principles, but upon the firme and &illegible; Principles of Reason and common equity, that so &illegible; and Righteousnesse might run downe the streets like a mighty streame; and Tyranny and Oppressions (as much as human: Reason could provide for) &illegible; banished for ever out of the Land of England, in which great worke they Declare, so to Act as before the Lord, and to approve themselves both to God and good men, unto both whose Jugements they &illegible; to submit, &illegible; and &illegible; the minding of themselves, or particular Interests or Parties; [See page 6. 7. 8. 12. 14. 15. &illegible; 23. 43. 45. 47. 48. 57. 62. 65. 66. 67. 69.] and least Generalls should signifie nothing to the People (as indeede they doe not) towards the latter end of that Remonstrance, they fix upon the things particularly, that will really make the People happy, which are; first, The fixing upon a set and speedy day for ending this long Parliament; And Secondly, For providing for the speedy setling of the Nations Peace upon the Principles or grounds of common Right, Freedome and Safety, viz. the often and certaine meeting, sitting and ending of Parliaments, flowing from as neare an equall choise of the People as may bee, with other bounds and limitations that might tender them move &illegible; and lesse arbitrary then in times by past they have beene: and all this by that unparralel’d way of contract or Agreement amongst the free People; yea, and they also there earnestly desire, that the good things of &illegible; well minded People (or well wishers to common good) contained in the Petition of the 11. of September 1648. may seriously bee considered of, and thereby the grievances of the People removed, for their &illegible; benefit and prosperity, that so the Parliament may, when it sayes downe it’s trust, leave a good &illegible; &illegible; them, both to the name of Parliaments and also of men &illegible; &illegible;

And Sir, I say, there was not only &illegible; to such kind of ingenious men upon the comming out of the &illegible; &illegible; but also in their &illegible; Declaration dated the —— 1648. at &illegible; which &illegible; the Reasons of their then Advance with the Army to London, they positively declare, that the Parliament Treating with the King, and &illegible; all &illegible; and &illegible; Counsells given them; is no lesse then a &illegible; or Corrupt neglect of, and &illegible; from the publique trust reposed in them, yet not &illegible; to themselves (as there in words they say) a standing Power of Judgement (as of Right &illegible; Trust) to conclude others thereby, acknowledging that is &illegible; &illegible; properly to &illegible; &illegible; the &illegible; &illegible; choose and trust to judge for them. But considering that such power, as where ever it is, &illegible; committed &illegible; in trust, and &illegible; neither this Nation nor any other People did ever give up their Naturall capacities of common &illegible; or reason, as to the ends and fundamentalls of that trust: And as for the Parliaments breach of trust, there being no formall power of man in being to appeale to, in the present case, they positively Declare, They cannot but exercise that common Judgement which in their naturall capacity is left to them, and therefore considering that the Parliaments then breach of Trust, so &illegible; great, as that it was a totall &illegible; of destruction to that Interest, and to those People, for &illegible; especially (they say) the trust was reposed; and seeing there is no orderly and open way left for a just succession of another formall and proper Judicature to bee appealed unto in due time, therefore they there renounced the then Parliament, and with confidence appealed to the common Judgements of indifferent and uncorrupted men, exciting all those that yet were faithfull to their trust in the Parliament to come out and joyne with them, and in such a case of &illegible; they promise to looke upon them (not as a Parliament, but) as Persons materially having the chiefe trust of the Kingdome remaining in them, though not a formall &illegible;* power, to bee continued in them or drawne into ordinary Presidents; yet the best and most Rightfull that can bee had, as the present state and exigency of Affaires then &illegible; and wee shall (say they) accordingly owne them, adhere to them, and be &illegible; by them (not in all their commands) but in their faithfull prosecution of their trust (according to the &illegible; will and mind of the Principles or the Army, our Law givers) which they there Declare to bee only in order unto (marke &illegible; well) and untill the introducing of a more full and formall Power in a just Representative to bee speedily &illegible; and ratified by an Agreement and subscription of the People thereunto. O vile Apostates, never seriously to think of this more, after they had Declared, but &illegible; Murther and Destroy all those that effectually shall put them in mind of it, which short Declaration is so fully fraught with glorious expressions of Truth, Justice, &illegible; and selfe denyingn Ile, as that they call God to witnesse, they did not seeke themselves in their then Proceedings, but were even Resolved they would not take advantages to themselves, either in point of profit or Power; but rather lay downe themselves: That it was enough to ravish the heart or any ingenious man in the World, and to seale it after them, and I confesse unto you Sir, it did mine.

But &illegible; those Declarations, I must truly tell you Sir, upon their forementioned first overtures and invitations of Conjunction of Interests, with my forementioned friends the nick-named Levellers, I was chosen by them to bee one of their foure Commissioners, to goe to &illegible; to &illegible; with the Princes of the Army, who upon the place openly, constantly, and &illegible; called the then Parliament; a Trayterous Apostatised Parliament, that had but the name, and was but the &illegible; Shaddow, or Shell of a Parliament, having againe and againe broke and forfeited their Trust, and confessing that &illegible; they should pick out of them could bee no Parliament in any &illegible; either in Law or Reason, but only at most a mock Power or a mock Parliament, which they said they must bee forced for a little time to keepe up, to keepe the People in &illegible; as the fiction or shaddow of Majestrates, seeing the People so much doted upon and looked after such kind of outside things; and this was not only &illegible; and Harrisons frequent expressions, but also Mr. &illegible; Hollands; not only at Windsor, but also at London, both before and after their breaking and by force dissolving your House: to the two first of which, if they shall bee so unworthy and base as to deny what now I say and averse to you, I will make it good as a Souldier, with my Sword in my hand, in any ground in England to the teeth of them both or either of them: and for the third and last of which, I know if hee and I were face to face hee durst not bee so unworthy to deny it, but if hee should I could &illegible; by pluralitie of honest witnesses, prove it to his &illegible; and I believe Sir, I might salely produce your acquaintance and my by past faithfull friend Barron Rigby for the proofe of a great part of it.

Nay Sir I say further unto you, That they engaged and contracted with us, as solemnly as could be, That they would keep up the men they picked cut of the Parliament to joyne with, for no other end in the World, but for the avoiding of a new Warre; for the better, easier and speedier obtaining of a new and equall Parliament or Representative, which they Declared, againe and againe, their Soules as much thirsted after as any of ours. And truly Sir, upon this score and account, as the safestand unhazardablest way that I could possibly see to settle the Freedoms and Liberties of the Nation, I was willing and desirous in a crowd, to goe along with other men, (and not to be singular) to give the Name and Title of a Parliament to their againe and againe Declared mock-Power, or shadow, or shell of Power; and if I did evill in so doing, I am sure my intent was the quietnesse of the Nation; and my sin and evill in so doing I have seen and Repented of, and am heartily sory for it, and hope I shall (have strength enough) for the future to doe so no more.

But Sir, when I cleerly and visibly saw that when they had accomplished their own ends, by all their faire and smooth Promises and Declarations, and made use of them for no other end in the World, but meerly to enable them to bee Princes over the People, and to have their Lives, Liberties and Estates at their &illegible; and Command, and began to challenge a right to Rule over them at their &illegible; and Pleasure; my Soule began to loath and &illegible; them, for the vilest and &illegible; &illegible; that ever the Sun did shine upon; and with the same indignation I began to loath their mock-Parliament, whose fictionated Power I thought it my duty (and to render my self faithfull and upright in my generation) to discover to my friends and Countrey-men; which when a Member of &illegible; pretended House viz. Mr. Holland perceived [in the inner Court of Wards he took me sharply to taske] and told mee wee were not able to move them, for they had an Army strong enough to stand by them to back them, but I told him to this &illegible; That I thought they had had Consciences which would have compelled them to have made good their many solemn Engagements* and Promises, but seeing you have not, not it seemes never intended &illegible; to performe what you engaged, but doe intend to cheat both God and Man, and then make it good with your Swords; for all your Force and Arme of Flesh, Mr. Holland, I tell you to your face, wee will force you, in spight &illegible; your teeth, to the one &illegible; these two things: first, either to doe honest Actions, though your hearts are never so base, or else, secondly, wee will by our constant and vigorous endeavors for our freedoms and Liberties, put you so to it, that you shall judge your selves necessitated, for your own base preservation, to run such violent and barbarous &illegible; as either in a short time shall breake your &illegible; or else make you as &illegible; to the People of this Nation, of all sorts and kinds, as ever men on earth were, and in the doing of this Sir, I tell you plainly, make the best or worst use of it you can, I will be one of those herein shall leade the Van, as long as I have breath.

And Mr. Prideaux, though at that time I knew in a manner, as much of your pretended Parliaments nothingnesse, as I doe at this day; yet being an Englishman, that &illegible; loved my native Countrey, yea the Peace and Welfare of which I then did, and still do value above my own Life, or the lives of my Wife and Posterity; & knowing the danger and mischiefe that in the eye of Reason might probably ensue, by Declaring openly and &illegible; unto the People, That all the Magistracy of England was broke by the Army, who had by their Swords reduced us into the Originall state or &illegible; of Confusion, wherein every mans lusts becomes his Law, and his depraved will and &illegible; Power his Judge and &illegible; I say I did not then what since I have inavoidibly been &illegible; to doe, for, it’s true, I did the 26 of Feb. 1648 at the Bar of the present pretended House of Commons present a Petition or Addresse, fronted with a title as if it were as unquestionable a Representative of the People as could be chosen; but that was out of the considerath &illegible; before &illegible; and because without such a &illegible; we could not have had any accesse unto them, although our &illegible; was then very great; the Petition is &illegible; printed, and Intituled Englands new Chaines Discovered, which if you please seriously to cast your eyes upon, you will cleerly see that we &illegible; &illegible; it and presented it understood the condition of that House, and that we gave them sufficient hints to understand us, that so ours, and the Kingdoms safety might speedily by them be provided for, without any more strugling, or &illegible; any more &illegible; hazards therfore. But when we could get no answere unto that, I &illegible; to draw up a second Adresse, now in print, Intituled The second part of Englands new Chains discover’d wherein we spoke more plain; & in the last page of which, we appealed to the next speedy Parliament, Declaring this in effect to be, what in truth that, ever awed by the Sword [and now Mr. Prideaux, to speake in plain English] whose &illegible; Schoolhorses, and no better, you are; But Sir, I say, the last forementioned Addresse, touching Prince Cromwell and his associates to the quick, hee most unjustly compelled your mock House, in effect, to vote &illegible; a Traitor in generall, which Sir, as you are a Lawyer I know you know to bee nothing in Law, for it must bee a particular act, as aboundance of your owne Declarations declare, that in the eye of the Law, renders a man capable of being taxed with Treason, Fellony, &c. without hearring mee speake for my selfe or ever calling mee in &illegible; your house, although a good part of that day I was at your very doore, seene &illegible; and spoke unto by some of your Members; yea I am confident of it, my greatest Adversaries I had in the house knew I was at the &illegible; part of that very day, for Barron Rigby, from some of their Agents, at the very &illegible; spake unto me, and in their names &illegible; mee no small thing, so I would bee a good boy and learn the lesson they would teach mee, which when to his face I scorned with the greatest &illegible; in the world; it was no many &illegible; after, till I was in generall voted a Traytor, without hearing or knowing any Accuses or Accusation; which is such a &illegible; of Justice, that the very Pagans and &illegible; in Pauls time would have blush’t at; and then the next morning, although I over night knew what was done and could have runne away, or hid my selfe, it I had pleased, which I scorn’d; I was sent for; not by &illegible; Constables, or Justices of the Peace; but, as if I had beene a &illegible; &illegible; or &illegible; man, that with my &illegible; had beene able to &illegible; destroyed &illegible; &illegible; Generation of men, and &illegible; &illegible; out of my bed and house, from my Wife and Children, by a hundred, two or three, of Armed &illegible; and &illegible; and &illegible; as a poore &illegible; slave or &illegible; through the &illegible; by them; although alas, I had never forcibly resisted the Parliament in my life, nor never so much as committed a single contempt against &illegible; most Arbitrary and &illegible; of their Committees, but alwaies came at their first sending for me, although the Messenger was my &illegible; Enemy, and although I had beene severall times imprisoned for nothing by them, yet for all this, must I now bee dealt with [because I had sinn’d against Prince Cromwell] as if I had &illegible; my house against the Parliament, or Army, or had had three or foure hundred Armed men in it for my guard; when as alas Sir, the Designe is easily seene through, which was no more but this; Cromwell was resolved to play the &illegible; and I stood in his way, and neither by faire words and faire promises, nor by threats would bee brought over to a complyance with him in his visible base waies, and therefore I must bee taken out of the way in the plausiblest manner hee could; and for that end hee &illegible; mee prejudged and condemned before hearing, and that by a &illegible; Law, made after the Fact committed, and then sent hundreds of his Armed and &illegible; &illegible; who are no executers of the Law, to apprehend mee, knowing I was of a hot spirit, and was in my owne Soule glued unto my Freedomes, for the maintaining of which he hoped I would have resisted and so should therefore have beene knock’t on the head, or runne through by his guard, which for any thing I know hee had instructed to that end and purpose; which Act if they had done, Cromwells creatures would have Justified it, and said they had &illegible; kil’d a voted and declared Traitor, who being privy and conscious of and to his own guilt, therefore resisted those that came to apprehend him to bring him to a legall-Triall, for his Crime must needes bee &illegible; great, or else the Wisdome of the Parliament, and the Councell of State would never have sent such a Guard to apprehend him, and therefore, seeing hee is gone, let him goe; and there is a good riddance of him, for hee was a stiffe and troublesome Man.

But Sir (said I) after my apprehension, I was by the Officers and Souldiers carried away to the Guard at &illegible; in London, and from &illegible; to White-Hall, and from thence to the Councel of State,* as you &illegible; and coming there before Mr. Bradshaw, Mr. Cromwell, Sir Arthur Haslering, and severall other Gentlemen I have known many yeeres together, and some of whom I very much honored, which induced mee to give them more civill respect then otherwise I would, and considering with my selfe, (as is before declared) that I was condemned before I was heard, without Witnesses or &illegible; without the least shadow of any Legall and Judiciall Proceedings; and seeing I was apprehended in such a manner, in terrorem, and carried to the Councel of State, to be againe there prejudged, and it might be to be turned over by them, with all these clogs and prejudgements upon mee, to a Triall at Law; and considering with my selfe, that never a Jury in England durst do otherwise then condemne mee after all this (though otherwise never so innosent) I had no other rationall course left mee in the World, to make any &illegible; for my life, or to dye &illegible; otherwise (which I every day &illegible; for) &illegible; as a perfect &illegible; but absolutely and positively to &illegible; against the Power of the &illegible; of State, and the Authority of those that impowred &illegible; which I did to Mr. Bradshaw’s face, and gave him &illegible; my Reasons and Arguments therefore, which you may fully read in the second Edition of my Booke Entituled, The Picture of the Councell of State, especially in page. 5, 6, 7, 8, 9, 11. which Booke, Master Prideaux, without answering to any of your Interrogatories (but of my own accord) I tell you is mine, and I will (by Gods assistance) seale the truth of every line in it (saving the Printers &illegible;) with my heart blood.

Gentlemen.

And Sir, by the said Councell of State I was committed to the Tower of London, without any manner of Crime laid to my Charge; whereupon divers honest people, in and about London, old and young, male and female; yea, and in severall Counties too, being sensible of the wrong particularly done to mee and my fellow Prisoners, and of the wound their own Freedoms had received, in that unjust and irregular dealing that was exercised towards mee, &c. and being understanding and well-wishing People to the Peace of England, were loath to be just occasioners of new Disturbances in the Nation, to avoid which, They presented severall &illegible; just, and reasonable Petitions to the Parliament, as you call it, in which they intreated them not to be too hasty, or too suddain in their Proceedings against us, nor anticipate the just, quiet, and regular Proceedings of the Law, and that wee forthwith might be set at Liberty from our irregular Imprisonment, putting in security to be forthwith coming to Answer (according to Law) whatsoever could be laid to our Charge; That so de novo, from the beginning to the end we may have, before a Justice of Peace, &c. such a Proceeding in every particular as the Law requires.

And truly Sir, for any thing I know, if that had been granted, I should have absolutely cast my selfe upon such a Triall, although I then did (as well as now) know that all your Iustices of the Peace, and Iudges of the Law, are no more Iustices or Iudges than my self, or the &illegible; man in England, either in the &illegible; of Law or Reason, and that all those men that are Executed by their Iudgements, in the &illegible; of the Law are meerly murdered and &illegible;

But seing no just or rational answer could be &illegible; to any of their Petitions, but on the contrary, all other Petitions from the base, bloudy, and unworthy Ring-leaders of the pretended Churches has came in against us, were &illegible; and exceedingly embraced; and unworthy &illegible; &illegible; &illegible; at work to write base, lying, and &illegible; abominable &illegible; Books against us, to the siting the People to &illegible; us in &illegible; and to be unsatisfied with any thing but our Lives; and seing that you your self was by a special Order authorised to proceed at Common Law, to give us a Tryal after we were condemned, and our condemnation by special letters from the Councel of State, (&illegible; all the Sheriffs in England) proclaimed in all the Market Towns thereof; And seing your self had, (as I was most certainly again and again informed) many meetings with the Iudges at Sergeants &illegible; &c. about &illegible; Tryal; I say, considering all this, I was &illegible; and compelled to draw up my Plea, and publish it to the view of the Nation, Wherein I have renounced your Authority, and &illegible; proved you no more a Parliament then so many &illegible; upon the high way: To which Plea (by the strength of God) I will stand so long as I have a &illegible; and being; which Plea is contained in the second Edition of my Book of the eight of June 1649. &illegible; The Legal Fundamental Liberties of the People of England revived, asserted, and vindicated, which (M. Prideaux of mine own &illegible; accord, I sell you) I caused to be printed; But as for answering your question, Whether that prioted Impeachment of Cromwel, which you ask me whether it be mine or no, I tell you, I &illegible; to be so unworthy and base, and such a Traytor to my Liberty, as to answer you to your question.

Whereupon M. Prideaux spoke to &illegible; effect, M. Lilburn, As for that irregular proceeding towards you (as you call it) it was from a Parliament, and you must know, That a Parliament is not tyed to the &illegible; of the Law in their proceedings, &illegible; other Inferior Courts are.

Unto which I replyed to this effect, but M. Prideaux, with your good favor, you are too &illegible; for me, for you take that for granted which &illegible; and which I am &illegible; you can never prove while you breath; for I &illegible; you are no Parliament, either upon the principles of Law or Reason. But secondly, for Argument &illegible; &illegible; you to be a Parliament, yet by your own Principles, and by the Principle, of the Law of England, Law-makers are not, cannot, not ought to be Law &illegible; But thirdly, upon your own Principles I answer, and do believe, you have not &illegible; to &illegible; a Lawyer, but you have carefully read over the fourth part of Cooks Institutes, that great Oracle among you Lawyers, and if you please &illegible; recollect your memory, you may very well remember in several places of his chapter of High Court of Parliament, there he often &illegible; and &illegible; and &illegible; down Arguments and Reasons to prove, That the Parliament ought to be more just and righteous in &illegible; proceedings, then other insevior* Courts, and ought to be Presidents of Righteousness and Justice to other Courts; and I am sure that Book is published by the special Order of the late Parliament for good Law.

Whose expressions there, f. 37, 38, 39. in the Case of the L. Cromwel in H. 8. time, and in the case of Sir &illegible; Mortimer, in H. 6. time, and &illegible; Barton, and other in H. 8. time, are so just, excellent, transcendent, and glorious, that they deserve to be written in letters of gold, and posted upon all the publike places of the Nation, a witnesses and testimonies of condemnation against the base proceeding of the present large pretenders to righteousness, with my self & divers other.

But Sir, said M. Prideaux, Did you not own that for a Parliament that sate at Westminster before the Armies last coming to London; I am sure you ventured your life at their command, and to maintain their Authority, and also suffered much for them at Oxford.

Its true M. Prideaux, if I had not owned the Lords and Commons siting at Westminster, for a Parliament, according to the constitution of England, five, six, or seven yeers ago, and also bin satisfied in my own Conscience of the justness of their quarrel with the King, I would never have ventured my life so heartily for them as I did, for I must truly tell you, without much vaunting, I fought as resolutely, and served them (or rather, the Nation, and its Liberties in them, or by them) as faithfully as any man in England dids yea, and did more (when I was like to be hanged at Oxford for them) then &illegible; heard of any in England did for them; for I pleaded to my Indictment resolutely and understandingly, as a man that well knew and understood what I went about, and was resolved to dy in the justification of &illegible; destingly to his adversaries. And after my deliverance from them, I took up Arms again in their service, and served them faithfully and heartily, till I see them begin to change their Principles, and to turn their backs upon their Primitive Declarations and Promises, to make the People free and happy; yea, and see them in their own persons to practise that that they condemned in the King, and pretended they took up Arms against for; which when I throughly saw, I threw down my sword, and could never since be induced to serve them; yet I never served against them, nor never for sook the Principles that they owned and declared, when they first engaged; And as for the Lords and Commons, since for necessities sake, and quietness sake, I never since dis-owned them, although I never durst act under them, especially considering I had so much in my own thoughts to say against them, especially the House of Commons, who I am sure intentionally, were never originally betrusted by the people that obuse them, to sit above a year at most; and their our-striping their Commission in length of time, &illegible; their Trust. But Sir, What of all this to you that sit now?

Sir (said he) very much; For my self, I am sure I am as much chosen and betrusted now as ever.

That I deny Sir, for upon your own single Principles of the Law, The Kings single death nullifies you, for you were summoned, chosen, and sent, to consult with him, which &illegible; cannot do when he is dead.

Well Sir (said M. Prideaux) if you had no more to say but the Kings death for the dissolution of the Parliament that would be easily answered.

Sir (said I) let me tell you with confidence, that I am confident it is so strong in Law, as all the Law in your brains will never be able to answer it, and if you please, I will argue the case out with you in Law: You know it was so resolved in the case of the death of Henry the fourth, and you know it is so declared by the Lord Cook in his fourth part of his Institutes, f. 46. and by the whole stream of all the Law-books, and Lawyers of England, without so much or one single contradiction that ever I could hear or read of: But &illegible; Sir, I tell you, There was an UNDENIABLE NULLITY TO YOUR HOUSE BEFORE YOU TRYED THE KING, FOR THE POWER OF THE SWORD HAD TOTALLY DISSOLVED YOU, So that now you in no sense sit by the Peoples Chosse and Trust, but meerly and singly, by your Masters and impowrers, the Soldiers; who broke you all to pieces, and kept our above four parts of five, and only let such go in, as the PRINCES among them thought their servants, or did engage so to be: and Sir, let me tell you, to my knowledge you your self were at that time as much against the Soldiers proceedings with you, as a man could be, nor their proceedings against the King and Lords you did not like, for you ingaged against none of them visibly although your place of Aturney Generalship, led you out to have bin the chiefest man in prosecuting of them all.

Ab M. Liburn (said he,) you are in a great error, neither the Kings death, nor the Soldiers force upon the House doth dissolve us; for we now sit by vertue of an Act of Parliament which impowers us to be a House till we our selves dissolve our selves.

Well Sir, to that I answer thus; your trust by those that at first chose you, WAS INTENTIONALLY BVT FOR ONE YEER AT MOST, for by the Fundamentall Liberties of England, and three severall Acts of Parliament yet in force, the People of this Nation ought to have a Parliament once every yeer, or oftner if need require; and Sir, let me freely tell you, that if the King were an Officer of Trust, as you have declared he was (and I believe he was) them Sir let me tell you, that hie passing of the perpetual Act, was the greated &illegible; of Trust that ever he committed in his &illegible; for which he paid deer enough, for that single Act alone, hath bin the chief instrumental occasion of the Warrs, and of both the loss of his Crown and life. And Sir let me tell you further, or you that were chosen and trusted by the people, to make them more free, but not less free, and authorized by them to continue in that trust but for a yeer at most. TO GO ABOVT TO DESTROY BY A LAW THE VERY SOVL AND LIFE OF ALL THE PEOPLES LIBERTIES, viz. CONSTANT AND SUCCESSIVE PARLIAMENTS; And to &illegible; in your selves by the perpetual Act for ever (if you please) an Arbytrary Power, WITHOVT BOVNDS, LIMITS, CHECK, OR CONTROWIE, is the highest Treason (in your so doing) that ever was acted, or committed by the sonnes of men.

But Secondly Sir, you your selves have broak that Act to peices, in that you have destroyed two parts of three, that by that Act you were to treat, and joyn with to make I awes, nay, and not only so, but also above two parts in three of the third part, viz. your selves, by the power of the Sword are destroyed, and your selves that remain sit not, nor Act nor in Freedom as a Parliament ought to do, but have your work cut out, and have the Power of the Sword held over you, by which indeed at the present to speak properly, you are chosen and trusted; they themselve, (I mean the PRINCES OF THE ARMY) having put a Period to your first Trust, and instuted you by their wills and Swords into a second, upon their own individual score so at the most you are but the Armys Parliament, and not the Peoples; and your Votes or Orders (in any since) now, cannot be binding to them; for if in your own thought; you were not absolutely instated in a new Trust, but remained in the old, how come you to have power to set up new Constitutions, and to alter the Government of the Nation from a Kingdom to a Common-wealth? which power the People never gave you.

M. Lilburn (saith he) we come to have that power by our first Trust, for I hope you will not say, but a People for their own benefit, &illegible; the Form of their own Government in a Nation, may they not? Yes (said I) they may &illegible; M. Prideaux what is that to you? Yes much said he; which way I beseech you? I hope you will not say your power it absolute? Yes Lord will said M. Prideaux.

Well then Sir, shew me which way you came by it, for your affirmation is a Paradox to me, for you have confessed (again and again) you are at most but a deligated or betrusted Power, and I am sure of it, no betrusted Power it absolute the People chuse you, and yet you are absolute, I pray Sir reconcile me these contrarieties.

And besides Sir, the People chuse you not in the least to set &illegible; Commonwealths, but to treat and consult with the King and Lords, and therefore your sering up a Common-wealth without any shaddow, or pretence of power or Commission from them, is an imperious and tyranical usurpation; For let me aver it to you, that though the People may by a common consent alter their Government (for no Form of Civil Government is Iure Divine) yet none can do it for them but only themselves or their Commissioners, chosen and impowered by them for that end and purpose, which your House Sir was never in the least.

But M. Lilburn, for all your thus reasoning, I know you have in times by past liked a Common-wealth better then the Government of a King, have you not? Yes that I have, and still do, provided it be rightly Constituted, from the consent of the People, with &illegible; bounds and limitations, that as little as may be is left to arbitraries: but all its Magistrates annualy elective, and accountable, and upon these tearmes I am withall my heart for a Common wealth: But to have the name of a Common-wealth imposed upon us by the Sword, wherein we are and shall be more slaves then ever we were under Kingship, with a suprem pretended power held over us, that in their Original and Fundamental constitution admit of no boundaries, but iudge themselves as absolutely arbitrary, at the Great Turke; and that they do not make such Vassels and slaves of us as he doeth of his people, is their Civility and courtisie (more then any thing of obligation, or duty) such a Common-wealth as this I abhor and derest as the Devil himself; BVT SVCH A ONE IS YOVRS, and therefore I had rather (as the case stands) be under a King reasonable bounded then under you, and your new Sword Tyranny, called a Common-wealth.

But Sir (saith he) you have bin very &illegible; against the King, its true said I, but not QVA KING, but against his Arbitrary and Tyrannical Will, when he made it a rule unto himself, and the People above the Law; I tell you Sir, the same principle that let me to hate Will in the King, leads me a thousand times more to hate Will in you, seeing you have promised better things, ye absolute Freedom, and yet perform nothing, but do worse then ever he did; by Governing us purely by the Sword and your own Wills. You wrong us M. Lilburn (said he you are governed by a just Magistracy, for the Parliament votes freely, without compulsion.

&illegible; for shame M. Prideaux, that you should talk so against your own Conscience, I know your Conscience tells you, there is no Magistracy in England, either upon the Principles of Law, or Reason: for the Princes of the Army by their Swords (Conqueror like) have broak it to peices in every particular, ye also your House, and have kept out four part, of five, and at first would let none go in to sit there, but those that they had listed in a paper, and had some assurance of, would be good boys, and learn to say their Lesson as they their Lords and Masters would teach them, and then they gave to those &illegible; to form a pretended Committee to Catechise all that since have bin admitted and unless to that Committee they gave good assurance, (of which also the &illegible; House must &illegible; &illegible; that the, had &illegible; or at least laid &illegible; their English &illegible; &illegible; an &illegible; learned the Armies canting language, or at least were willingly &illegible; after them, till they have absolutely learned it, there was &illegible; &illegible; for &illegible; &illegible; you know to be true, and therefore M. Prideaux I WONDER WITH THAT FACE YOV CAN CALL THIS A PARLIAMENT, who indeed and in &illegible; are nothing else, but the PRINCES OF THE ARMYS SLAVES &illegible; &illegible; and Sir let me be plain with you, I and tell you, I know you &illegible; as well &illegible; &illegible; &illegible; and bite off your fingers ends, as to the purpose to &illegible; &illegible; their Wills and &illegible; which if you should do, I know you your selves know; they would purge you, and purge you, again and again, to SVCH LOATHSOME &illegible; THAT YOVR VERY SELVES SHOVLD ABHOR YOVR SELVES: But Sir it forms, you judge it better to go hand in hand with them, and to be at their beeks, that so you may go sharers with them, in the spoiles of the Nation, and in taking the Peoples money from them, and deviding it amongst your selves then to &illegible; with them; and you may say it is good being in such a condition: for you can do any thing, and every thing to any man, and crush him to peices and destroy him: but he can have no Right, or Iustice against you.

Why will you say so M. Lilburn (said he) I am sure the Parliament hath given up their Priviledges in answering mens actions, more then ever Parliament did.

Sir, said I, I say that which is truth; its true of ancient time (when Parliaments were often and short) Priviledging of the Persons of Perl. men from arrests, might have some pretence of Justice and Equity in it, BUT IN AN ETERNAL, OR A NINE YEERS PARLIAMENT, IT CAN HAVE NONE; and I tell you Sir, I know it is &illegible; to destroy a man (though a Member of your House do him never so much wrong) if he do but so much as open his lips against him: and how many men have &illegible; undone for complaining of the villanous and visible baseness of your Members? It is as the sin against the holy &illegible; among you: And as for a petry inconsiderable Member of your House now and then (OF BOON AND CURTESIE) to be ordered, in point of debt or the like, to answer the Law, &illegible; what is it, it is no more then a cheat, for it is nor only before a iudge of his own making, who with his Under Officers will find tricks enough to please their Lord and Master. And besides Sir, The thing that I drive is to shew, That it is an inherent Principle in you, that this is not done out of Right, but permitted out of Orace and Favor: this remaining still at the &illegible; That there is an inherent Principle of Arbytrariness, Unboundedness, and Absoluteness inherent in you, at your pleasure to make absolute slaves of the People (if you will) and to make your selves absolutely unaccomptable if you please.

Why M. Lilburn, would you have no Government?

Yes (M. Prideaux) that I would; But yet such a Government as hath not at the root and bottom of it, all the Principles of Tyranie in the World, to make the People absolute slaves at the Will and Pleasure of their Governors: But I would have such a Government, that is founded upon the Basis of Freedom, Reason, Iustice, and Common Equity, and shall &illegible; the hand of the Governor, that he shall not be able at his Will and Pleasure to destroy the Governed, without runing an apparent and visible hazard of destruction to Himself, Estate, and Family.

I but M. Lilburn, who shall be Iudge said he?

Sir, (said I) Reason is demonstrable of it self, and every man (less or more) is endued with it; and it hath but one ballance to weigh it in, or one touch-stone to try it by, viz. To teach a man to do as he would be done to. The Sun is demonstrable of it self by it, heat and light, and stands in need of no mans Iudgement when it shines, to judge whether it doth so or no, or of reasons to prove it the Sun; Even so, Reason is demonstrable by its innate glory, life, and efficacy; and man being a reasonable creature, is Judge for himself: But by reason of his present corrupted estate, and want of perfection, he is somthing partial in his own case, and therefore wherein many are concerned, Reason reis him, Commissioners chosen out, and tyed to such rational Instructions as the Chusers give them, are the most proper, and equallest Judges: But yet Sir let me tell you, That a Commission given unto them against the Rules of common Reason, IS VOYD IN IT SELF; and a power exercised by the Commissioners beyond the Rule of Common Reason, It not OBLIGATORY, or BINDING in the least.

Well then Sir (said M. Prideaux) the Parliament now siting are the Commissioners of the People, and they have authorised me to ask you whether this be your Book or no?

By your favor M. Prideaux, you are to quick, for you take that for granted, which I absolutely again deny, and which your self is never able to prove while you live; and I tell you again, They are no more a Parliament then I am; But admit they were a Parliament, They cannot authorise you to examine me against my self and therefore Sir, I detest the returning you any answer to your question.

Without doubt (said he) M. Lilburn you are mistaken, for I never yet knew it an evil, or illegal to ask a question.

But by your favor M. Prideaux, I say it is against the Law of England to compel a man to answer to a question against himself; and your House did so adjudge it in the daies of their Primitive purity, in mine own Case, in reference to the Star-chamber proceedings against me.

But (said he) They never adjudged the Kings Arrumies General asking you questions, to be illegal.

Yes Sir (said I) but they did, for though in the Star-Chamber I was principally sentenced for refusing in open Court to take an Oath to answer to all the questions that should be demanded of me; the latitude of which oath did not barely extend (if I had take it) to such questions as the Court siting should demand of me, but also to all such questions as the Atturney General (by Order from the Court) should have demanded of me: to whose interrogatories I refused to answer, although he examined me by the Orders of that Court; Of which he bitterly complained: and I am sure of it, The House of Commons, and the House of Lords both, did not onely judge the Sentence it self, but the whole proceeding upon it, (&illegible; as well as following) to be illegal most unjust, barbarous &c.

But Sir (said he) You sent one of these Books (meaning the impeachment of Cromwel) down to Colonel Ayres at Warwick Castle, and ordered the bearer to deliver it to him as a token from you, did you not?

Sir, I scorn to tell you whether I did or I did not; it may be I did, it may be I did not, I will not tell you; but if I did, this I &illegible; to you, I know no evil in so doing. So he shewed me the Apprentises Out-ers; Sir, said he, you had a finger too in the making this book, had you not? Said I, it may be I had not onely a finger in it, but also a thumb too; and what then? but it may be I had not, and what then? But whether I had, or had not, I will not tell you; But the Sir of mine own voluntary accord I will tell you, I have &illegible; enough in me to set my Name to all Books I write, without fear or dread: I pray see if you find my name there.

No Sir (saith he) it is not; but it seems then, that all books that hath your name to them, are yours: Will you own this impeachment, for heres your name to it?

No Sir, with your favor, it doth not therefore follow, that all books that have my name to them, are mine, for it is as easie to counterset my name, as to counterset another mans; and it may be it is so now, it may be it is not so, I will not tell you; but this I will tell you of mine own accord, That I have read the Book, and there I find the substance of an Impeachment of high Treason against Cromwel, that I delivered at your open Bar, the 19 of January 1647. for which you committed me to the Tower, as a Traytor in general. And M. Prideaux, I know that you know, at your Bar I offered the House upon my life, to prove and make good what I said; and therefore, why did not you or Cromwel then put me to it? But it seems, he was conscious of his own guilt, and durst not do it.

But M. Lilburn, will you own this Book and make it good now; for it is yours?

Sir, I scorn to deny any Book that ever I made in my life, for I never made a book, but upon mature, sollid, and substantial deliberation considering well before hand what it would cost me; and all the fear in such cases that I am in, is onely till I have got it printed, that I may keep it close and private from the fingers of your Catch-poles, and when it is abroad, I have part of mine end, and use to tell no body, but as many as I can of it: and the desperatest book I ever made in my life, I was never so unworthy to renounce or deny: and I will not say that is not my book, neither will I grant it to be mine. But me-thinks M. Prideaux you are uncivil, that you will not receive an answer when again and again it is given you: and alas Sir, admit it was mine, what &illegible; or just play could I expect to &illegible; &illegible; to make good the things contained in it, Seing Cromwel by his sword hath dissolved the Parliament, and set up a few of his slaves among you for a mock-Parliament, that dare not do but what he will have you?

Sir, (saith he) Cromwel is absent and you lay mighty things to his charge; methinks you should not be backward to make them good.

Sir (said I) if Cromwel &illegible; &illegible; this room. I would tell him to his teeth, he is a base unworthy fellow, and hath under-hand &illegible; and indirect means, for these 2 yeers together, fought to take away my life and bloud, for nothing but my honesty; and in his dealing with me, hath not so much as manifested one bit of &illegible; man, or that he hath an ounce of Personal Valour in him; for a man of mettle, and pure Valour, would have scorned to have dealt so basely with me as he hath done.

Well then Sir, it seems there is a Personal quarrel betwixt you and General Cromwel.

Yes Sir, said I, He hath made it partly so, but I am onely Defendant; and were he here, I would let him know I scorn to give him an inch of ground, but would answer him upon equal term; in any way he himself would chuse: and Sir, I tell you he is the man, yea the principal instrument that hath destroyed the Peace and Liberties of this Nation; yea, and by force of Arm, hath null’d and destroyed the Parliament, and hath left no Majestracy at all in the Nation; for which, he is (upon both the Principles of Law and reason) a Traitor, and ought to dy therefore.

Sir, said he, I tell you the Parliament by force cannot be destroyed; for its continued by an Act, till themselves please to dissolve themselves.

I tell you Mr. Prideaux I have answered that already, and shewed the fallacy and weaknesse of it, but seeing you will not be answered, I will upon your and their own declared principals give it you a little more fully. I find in the Armies Book of Declarations, that upon the 26. of July, 1647. the Apprentises of London, and some other of the rude Rabble, (but for a few hour) forced the House with a few threats, without Arms, and yet they never came down, but one part of a day; and when they did come, they did not pick and cull, and keep out five parts of six, as the Army hath done: and yet the PRINCES of the Army themselves, hath declared that Act Treason, and the Actors in it Traitors; yea, and have declared, that that force upon the Parliament tends to the dissolution of all Government: and though there was but about forty or fifty of both Houses, LIKE VALIANT MEN, that ran away from the avowed discharge of their Trust, to the Army; and left abundently the major part behind them, who the next day of their sitting, and the other day after sat quietly without the Apprentices force; yet the Army would not own them, BVT CALD THEM A PRETENDED PARLIAMENT, A FEW LORDS AND GENISAMEN, SITTING AT WESTMINSTER THAT TREACHEROVSLY ACTED AGAINST THE PEACE AND SAFETY OF THE KINGDOM: ASSVMING TO THEMSELVES THE NAME OF PARLIAMENT, all whose Acts, ORDERS AND ORDINANCES, they declared to be null and &illegible; and not PARLIAMENTARY, NOR BINDING, (See the Armies Book of Declarations, most full in all these particulars, page 49. 53, 54. 67. 82. 100, 101. 104, &illegible; 111. 123. 125, 126, 127, 134, 135, 136. 138, 139, 140, 141. 143, 144.) for being Abbettors to that force: (See Article 4.) yea, and impeached some of the eleven Members at Traitors: nay and the Speaker himself in his Declaration, calls their forced Votes, NOT THE VOTES OF THE REPRESENTATIVE BODY OF THE KINGDOM, BUT THE VOTES OF A TVMVLTVOVS MVLTITVDE. Now Sir, if a little force of the &illegible; for a few hours nullifie the Votes and Orders of Parliament, and make them no Parliament that sit under that force, (being far more the major part) in the place where they ought to sit, yea and is so infectious, as that it tends to the dissolution of all Government; abundantly much more upon their and your own grounds master for greater force of the Souldiers, dissolve the Parliament and nullifie all their Votes and Orders, and absolutely tend to the dissolution of all Government.

Sir (saith hee) it’s very true, there were such Declarations that did declare the howse that sate in the absence of us, that were forc’d to fly to Hounsloe Heath, to bee no Parliament, and all their Votes and Orders they made in our absence, to bee null and void; but yet the Parliament was kept on &illegible; by our comming back and sitting; and so was not dissolved.

Why Mr. Prideaux, doe you think I have lost all my braines and reason? for the forced Parliament, as you call it, was either a house of Parliament, or no house of Parliament, but if a house of Parliament, you that adhered to the Army were sa pack of Traytors, so voted and declared by them, and by consequence all the rest of their votes and Orders were Legall and Binding: But if it were no house of Parliament, then there was none in England, for your house as a house never adjourned to Hounsloe Heath, but to the usuall place in Westminster, and if those that met and sate there were no house of Parliament, then your house was sine die, and so dissolved, and your coming back from Housloe Heath to sit againe, could not make it a house; for being sine die, and so, in Law, dissolved, you could as a Parliament meete no more, without a new Summons, either from King or People; I am sure not without a new choice Election, and impowring from the People; and therefore every &illegible; upon your owne grounds you are no Parliament, but absolute Usurpers, and all your Actions null and void in Law, and you liable to severe punishment for your Usurpations.

But Sir saith Mr. Prideaux, you had a finger in dispersing this booke of the Prentises; for I have evidence that you gave some of them away, and that you sent those to whome you gave them to a place where they should have more, did you not?

Truly Mr. Prideaux I must now tell you, you are not civill (nor so ingenious a man as I had thought you had beene) thus with cunning tricks to force me to answer your Interrogatories, and without doubt Sir, your braines are not in temper, that you are not capable to receive an answer, although I have given you it over and over againe and againe, and told you I am not bound to answer you in Law, neither will I; but if I were bound, yet you are no Majestrate at all, in any sense, and therefore I should countenance an Usurper against my owne Judgement and Conscience if I should answer you; but yet this of my owne accord I will say to you, I have read that booke of the Prentices, and I find no evill in it, but a great many cleere truths and honest things; and it may bee I bestowed a shilling or three in them liking the Booke well, and it may bee I gave them away when I had so done, and what is that to any man, my money is mine owne, and hee that can pick an advantage against me let him doe it; but it may bee I bought never a one of them, nor gave none of them away, but whether I did or did not, I will not tell you, and therefore Mr. Prideaux, I pray have so much braines and ingenuitie in you, as to apprehend and judge you are Answered, and aske mee no more Questions, for if you doe I wil vex you, and again I tell you, I renounce your Authority, and those that impowred you.

Good Mr. Lilburn bee not Angry, but give mee leave to bee faithfull in the discharge of the Trust reposed in mee.

Good Mr. Prideaux your authoritie and your trusters, I both renounce, as a fiction and Usurpation, and I beseech you bee not mistaken in mee, to take mee for a silly novice, for I have my braines, wit, and nimblenesse lively about mee, which are beyond your abilities to catch; for Sir, I must tell you, when I was a stripling boy of about twenty yeares of age, and was examined by Sir John Banks, the Kings Attourney Generall, in the yeare 1637. which Sir John Banks I owned for a legall Majestrate, at also his Master the King, and the Judges of the Starre-Chamber, that in that particular set him at worke, and at that time I had never beene in trouble before, nor never had to my remembrance read any of the printed Lawes and Statutes of England, but barely the Petition of Right, from which Law alone, and Pauls Plea before the Pagan Roman Governours, I had learned so much Law for my owne defence, that I then bastled Sir John Banks and would answer none of his Interrogatories; and doth Mr. Prideaux think, that now at this age, after I have beene learning this twelve yeares together, all the learning that the grand Schoole of experience can teach mee, and read aboundance of the Lawes of England through and through, and beene test and tumbled againe and again from Goale to Goale, for standing for my Legall Rights; that Mr. Prideaux (that I know to bee no Majestrate) can bastle, catch, insuare, or intrap me, with his often (as bee thinks unawares) asking mee one and the same question twenty times over, no &illegible; warrant you Sir, you are mistaken; and therefore againe I tell you finally; I renounce both your Power and your Masters the Parliament, as you call them. But yet notwithstanding this, I will freely say to you, that so you may know that I am a true English man, that happily loves the Peace and Prosperity of my Native Countrey and have no guilt in my owne Conscience to recuse mee of any misdoings to man, though I must and doe ingeniously confesse, as to God, I have my failings and infirmites with other men, there being heere on earth in these fleshly mortall bodies or houses of ours, no perfection: But yet Sir, I say as to man, that I may cleerely demonstrate my inward Peace and my reall affection to my Native Countrey, and that there may bee no pretence of Commotions or troubles occasioned any more about mee; on that condition that you, that now pretend your selves a Parliament, will bee willing in six moneths time wee shall have a new one, and give good cautionary securitie for the performance of your promises, that really wee may have a new Parliament, either upon the old Principles or upon the Principles of an Agreement of the free People (the latter of which abountdanly I more desire) I will bee willing to remaine in Prison till then, and give good securitie not to write a line, no nor directly nor indirectly to indeavour any publique disturbance, and also I will ingage freely to surrender my selfe up to a Tryall at Law before Judges of the next Parliaments making, and plead to the Indictment let all the adversaries I have in England, upon this condition, lay the greatest load upon me that possible they can, or if this will not bee imbraced: then,

Secondly, as I have divers moneths agoe proffered in the Tower, face to face, to Mr. Dell, who hath beene Generall Fairfax his Chaplain, and also Cromwells and who in Interest is ingaged with them, being largely as I understand promoted by them; and yet notwithstanding being conscious of my owne integritie and uprightnesse, and that upon their owne primitive declared Principles; and believing that the said Mr. Dell hath a Conscience, I will bee willing to avoid any further publique disturbance, that my adversaries shall chuse Mr. Peters, my already provoked, ingaged and incensed adversary, and I will choose Mr. Dell, which two I shall bee willing shall bee finall Arbitrators, Umpires or Judges to decide all manner of differences betwixt us, unto whose finall Judgement (all though it reach to life) I will tie my selfe to stand: provided wee may have a faire, free, publique and open hearing, indifferently for the accuser and accused; and this Mr. Prideaux I desire you to acquaint your Masters with, and further I tell you, if you please, I will give it you now under my land, and if this will serve their turne, or satisfie them, well and good, if not; let them doe their worst, I renounce their Power and bid defiance to their malice.

Nay further Mr. Prideaux that you may know I am ingenious and not a dry stick, although I cannot owne nor discourse with Mr. Prideaux Attorney Generall yet if Mr. Prideaux the Lawyer or Mr. Prideaux as a private gentleman please a any time to send for me, I will at his desire without dispute, come to him (if the Lieutenant of the Tower will let mee) and I will friendly and fairely discourse with him an houre, two or three, or as long as hee pleaseth, even till hee bee weary, upon any subject hee pleaseth, either upon Law or Divinitie, mirth or sorrow; nay I will bee willing that if Mr. Prideaux please, hee shall have present six, eight, ten, or twelve of his fellow Members the ablest hee can pick amongst them, and I will discourse with you all one after another, make the best advantage to your selves you can of my discouse; provided I may have two or three friends quietly to sit by, to observe what passeth, that so I bee not belyed behind my back when the discourse is done.

I but Mr. Lilburne a man doth not know well how to talke to you, you are so subject to print every thing is said to you.

Truly Mr. Prideaux, I would have you to know, I can if I please keepe a secret as well as your selfe, and I yet never discoursed with any man about my Trade, or any other thing, that ever I publikely made use of to his detriment, and I would have you to know Mr. Prideaux, if any man, what ever, communicate a secret in discourse to me, I scorne to bee so base and unworthy, and to bee so ignorant of the rules of humane societie, as to publish &illegible; to his prejudice, or to make any other use of it but according to the ingagement made by mee to him, when hee communicated his secret to me; but Mr. Prideaux, if any man under the pretence of friendship, shall discouse with me meerely as a Rogue to take advantage of it, to my detriment, or if any man through weaknesse, shall make use of my discourse with him to my prejudice: truly Mr. Prideaux in both these cases I will publish or otherwise, as I please, make use of his discouse with mee, for my justification or vindication, and in this I commit no act of basenesse or incivilitie, neither is it in the least against the rules of friendship or humane converse. or,

Thirdly, Mr. Prideaux, if any man shall send for me on set purpose to discourse with me to catch me, as I know you now doe, let him looke well to himselfe, for I will dresse him if I can, and therefore Sir I tell you, I looke upon you as my Antagonist, who against my own free will and consent, have caused me to be brought before you, on purpose to &illegible; with me (not in friendship but to ensnare and intrap me, and therefore Mr. Prideaux) seeing I know this, I have set all my Guards upon you, and looke to your selfe as well as you can, and catch a hole in my coate if you can, for I am in the vaine to discourse with you as long as you please, and will not give over till your self declare your weatinesse, and that you will discourse no more, and this I doe assure you aforehand, that say what you will, I will observe it as well as I can, and if I bee like to be in a straite, I will make use of your discourse for my owne best advantage, yea, and if I judge it advantageous to me, I will also print it, therefore locke to your selfe,

True it is Mr. Lilburn, in the sence you speake, to print any mans discourse is not &illegible; worthy, but just; and ’tis true, I am your Antagonist, and my place & office leads me out to be so, and I wish I had no occasion at this time to be your Antagonist, but truly Mr. Librune, I am afraid I shall shortly meete with you at a place where I shall be your Antagonist upon more uneven-termes then now I am.

Truly Mr. Prideaux it may very well be so, for you must needs bee upon unequall termes with mee, when you have at your command &illegible; thousand &illegible; to make good what ever you say against me, and I have nothing to defend my selfe withall but this poore single Cane; and it is true Mr. Prideaux, being already prejudged, yea and condemned without hearing; You, who represent those you call the supreme Authority, and who by virtue or your being a Member of the House, are Judge of the Judges before whom you pleads, as also a Lawyer, full of Sophistry, and therefore an unequall &illegible; in all which respects you must needs bee too hard for me, if you shall being me to the Bar, before those Judges, to Try me, that are made by your selves and others that have already condemned mee before ever you heard mee speake one word for my selfe; (but yet Sir, whensoever you shall presse mee to doe this, I doubt not but so to handle you, that you shall get neither credit, safety nor gaine by it, (for the King himself never did the like) But Sir, upon equall termes, unprejudged before a just Majestracy, I dare with confidence mee to you and all the Lawyers in your House at any Bar in England, and doubt not but with your owne weapons, me only to &illegible; but sufficiently &illegible; you, but Sir, bring me when you please, upon all your own, unequall termes, I value you not the paring of my raise, for, I blesse God, I am sitted for you, having cast up my Account long since, and I am at peace with Death, and I tell you Sir, no man can bee a Slave but he that is afraid to die, which I blesse God I am not in the least, and therefore desie you.

Well, said Mr. Prideaux, you will be &illegible; by a just Magistracy shortly. No Sir said I, I deny &illegible; for I you Try me before any in present being, it must bee such a Magistracy as Wil. the &illegible; or &illegible; tooke away English-men: Lives and Estates with end by, viz., his &illegible; and Sword; but whenever you doe it, it will be nothing for your credit &illegible; &illegible; to lay me in Prison for nothing, and keepe mee six Moneths together &illegible; without laying ever any pretence of a Crime, in Law, unto my Charge all that time, but &illegible; more Tyrannically with me then the Pagant did with Paul, in denying me the visits and accesse of my friends, nay locking mee up &illegible; from the Societie of my fellow Prisoners, to &illegible; me of my Estate to a great value, without any pretence of triall at Law, as you will reade in that book I gave you, Sir &illegible; &illegible; hath done, and yet notwithstanding deny mee that Legall and Customary allowance that is my right by the custome of the place where I am a Prisoner, to live upon; yea, and endeavor when you can finde no Crime in me, to &illegible; false witnesses to sweare against me to take away my Life, as is truly discovered also in that booke, pag. 8, 9, 10, 11, 12, 13. I say Sir, considering all these things, for you to lay me in Prison for nothing, and then Moneth after Moneth for you to lay all the provocations upon me that possibly you can to compell me either to since under, or cry out upon your oppression, and when they are more then I can well &illegible; for you then to &illegible; advantage of my crying out, and goe about to hang me therefore, weighing all your originall pretences of Crimes for which you imprisoned me, will be nothing for your honour or credit, but will be a &illegible; demonstration that I was an innocent, Righteous, &illegible; man when you first committed mee, and that &illegible; Malice was the ground of your Commitment, and nothing else: But Mr. Prideaux doe your worst, all of you put together, I weigh you not, not value you not; for I tell you Sir, &illegible; I told the L. Heath when I was arraigned at Oxford, for fighting in your first Warre against the King, I blesse God I have already learned to die, having ever since my first contest with the Bishops alwaies carried my &illegible; in my hand, ready at a &illegible; of an &illegible; warning to lay it downe; and I tell you againe Sir, I blesse God I did looke round about me, to every side and corner of the quarrell that I am in, and did seriously weigh, consider and debate betwixt God and my owne Soule, whether my present engagement was worth the hazard of my little finger; For, and upon a cleere &illegible; in my own Conscience, I found it to be worth the engaging of my Life for; it being for the maintaining of that that differs and distinguisheth me from a Beast, viz. for my Liberties and Freedoms; yet for the &illegible; &illegible; of the absolute Soveraignty of God, and that alegiance, by naturall creation, that I owe him; which is to owne him alone as the absolute Soveraigne and Law giver by his Will and Pleasure, without any competitor in the World; and Sir &illegible; you I am knowingly, deliberately and understandingly engaged, and by the gracious assistance of the Lord Almighty, being so deepely engaged as I am, I will spend the last drop of my heart-blood before I will violate my inward Peace, by seeming against my owne understanding, in giving ground one inch, or turning my back upon my present engagement.

But wil not the care of the future well-sate of your Wife and Children prevaile with you to desist.

No Sir, said I, not in the least, although I love my wife as &illegible; as any &illegible; in the world loves his, for I blesse God he hath endowed me with that Judgement and understanding that he hath enabled me to looke upon my Wife and Children, but as subordinate things to his Will and Pleasure; and to looke upon himselfe &illegible; the &illegible; and perfection of all Good, who alone, of right, is to be owned, in the &illegible; of all other things, if he require it: and I cell you Sir, what ever you and others may think of me for a rash man, yet upon a cleere tryall of me you will not find me &illegible; but a man that walkes by Judgement, Counsell, and deliberation; yea and that by the Counsell of the greatest Counsellour that ever was; for I tell you Sir, I am not easily ingaged upon any businesse; but, when I am about on undertaking, I looke round about it, and into the midst of it, as well as all that reason and understanding my Creator hath given mee will inable mee, and if I find God satisfying my understanding, that the ingagement is lost and righteous, and that in duty and Conscience I am ingaged in a kind of necessitie to undertake it, let men and &illegible; &illegible; &illegible; mee in it, I will either through with it or dye in it; and ingaged over &illegible; and eares I am at the present, and therefore resolved I am never to &illegible; &illegible; while I breath, cost it what it will, for Money, &illegible; Honour are &illegible; of my &illegible; &illegible; but &illegible; under me as the dust of my &illegible;

Put Mr. Lilburne, may not you bee mistaken in your Ingagements as well as other men.

Yes Mr. Prideaux, it’s possible I may, for I assume unto my selfe &illegible; Spirit &illegible; &illegible; but if I should bee mistaken in my Ingagement, the punishment is principally to my selfe, but sure I am in my present ingagement, I am not mistaken, but &illegible; upon as &illegible; &illegible; and &illegible; a &illegible; as &illegible; any ingagement I was upon in my life; therefore it in the prosecution of it I &illegible; I &illegible;

Well Mr. Lilburne (saith &illegible;) I think you have ingaged against (and &illegible; with; all the Powers in this Nation, both King, Lords, and Commons, have you not).

Mr. Prideaux, if I mistake you not, you aske mee if I have not ingaged against King Lords and Commons, because they were Powers, to which I answer no.

No Mr. Lilburne, I aske you if you have not ingaged against all them Powers.

Yes Sir, that I have and more &illegible; but &illegible; because they were Powers, but because they lost and &illegible; &illegible; that declared and knowne &illegible; by which they themselves were to bee Ruled and guided, in the exercise of that Power, for, Sir, I say to Power an earth is absolute but God &illegible; and all other Powers are dependants upon him, and those Principles of Reason and Righteousnesse that hee hath indowed man with, upon the true &illegible; of which all earthly &illegible; Majestracy ought to be founded, and when a power or Majestracy degenerates from that Rule, by which it is to mee Ruled, and betakes it selfe to its &illegible; and innovating will; it is to bee no &illegible; a Power or Majestracy, but an &illegible; Teranny to bee resisted by all those that would not willingly have man to &illegible; the Soveraigntie of God to Rule by his will and pleasure; and therefore it was thet I opposed the Bishops and Star-Chamber, because they &illegible; the Declared Law of England, their Rule and guide and would have Ruled over me by their crooked wills and pleasures; and either this my contest with them &illegible; just and righteous, or else you in the house of Commons and also in the house or Lords, were a company of unjust &illegible; so eminently to justifie mee in it &illegible; &illegible; &illegible; Orders and Decrees as you have done, which Votes, Orders and Decrees &c. became grounds, incouragements and incitements to mee to oppose the Kings will yee and not only his but the Lords and yours also, and as for my contest &illegible; the King and house of Lords, you your selves have done more then Justified mee &illegible; both of them, for you have &illegible; the functions of them &illegible; which was higher then ever &illegible; &illegible; with &illegible; of them, for my contest with both was &illegible; &illegible; but against &illegible; and as &illegible; my contest with your selves (I meane the house &illegible; Commons, as it is commonly taken) you your selves have alwaies hither toward justified mee in that; for although I have beene seven, eight or nine severall times your Prisoner, yet &illegible; to you never in all your life laid any pretence of &illegible; to my Charge, but alwaies released mee as an Innocent and honest man.

&illegible; Sir, said hee, that was their lenity, mercy and compassion towards you.

&illegible; Mr Prideaux by your favour you are very much mistaken, for I never craved any item them, but alwaies scorned it, continually standing upon my Justification and &illegible; &illegible; to them, as in my present imprisonment I am resolved to the death to doe.

But Mr. Lilburne, why may not you as well owne our Authoritie (I meane the Parliament) as owne Barron Rigby that is made by us: for you have call’d him Barron Rigby once or twice, and I am sure hee was noe Barron till the present Parliament made him one.

Truly Mr. Prideaux, I heartily cry you mercy, forgive mee this crime or errour and I doe assure you, you shall never catch mee in the like fault; but truly Sir to excuse it, I must tell you I have many materiall things in my discourse to think upon and I conceive this but a circumstantiall or accidentall one, occasioned by meere forgetfullnesse; having many things at present in my head: but truly Sir, having the other day occasion to write him a Letter, at a time when my braine was troubled with nothing else; I stiled him only Collonel Alexander Rigby, and if you will not beleeve mee I have the copie of it about mee, which I will reade to you if you please, which though I did not then, yet because I was unawares catch’t upon the hip, take heere the copie of it.

For my honoured Friend Col. Alexander Rigby, at his lodging in Sarjeants Inne, either in Fleete-street or Chancerylaine.

Honoured Sir,

MY Particular obligations to your selfe in times by past, I cannot but in Ingenuitie acknowledge have beene very many, and I could wish it had beene in my power really to expresse them in any other manner then words; Sir, the Reasons of my troubling you with these lines is, because I understand your man was at my house a few houres agoe as from your selfe, as my wife tells mee; therefore, although I had rather bee silent then my scribling give distast to a man I have found so much reality in as I have done in your selfe, yet out of the lowest degree of Civiltie and ingenuitie, I cannot doe lesse (though I must freely let you know, I looke upon you and my selfe as now positively ingaged in two contrary Interests that can never subsist one by th’othe, without continuall warres each with other) then tender my hearty respects personally to you, and further let you know that I should bee very desirous (if you conceive it might not bee prejudiciall to your selfe) to waite upon you at the time and place you please to appoint to exchange a few words with you, and so I commit you to God and rest,

Yours particularly very
much Oblieged,

Winchester house this
24. of August 1649.

John Lilburne.

But Sir, I must confesse unto you Col. Rigby is a man (setting his present place aside) I have a great deale of cause to love and honour; hee hath beene my faithfull and true friend, and I have alwaies, to mee in particular, found him a very &illegible; righteous and obliging man; and in that regard being my selfe but a fraile man, may bee like the rest of the men of the world, and out of partiallity give him (on a suddaine) a stile more then is his due; but as I said before Sir, so I continue still beging your pardon for this one fault, and I doe assure you, you shall not catch mee commiting the like.

So Mr. Prideaux, it seemes, being almost wearied with discourse, takes up my booke against Sir Arthur Haslering, and reads a preparrative to an &illegible; and Cry after Sir Arthur Haslering, a late Member of the forceable dissolved house of Commons, and now the present wicked, bloody & tyrannicall governour of New Castle upon Tyne.

Saith hee in Lataine to this purpose, good words would have done well and have beene better Mr. Lilburne.

Beleeve mee Mr. Prideaux, for any thing I know those very words are too good for his base actions towards me, as I beleeve you will cleerely find it so when you read the booke seriously through, which I earnestly intreat you to doe, and then it may bee it will take off the &illegible; of your prosecuting me: for can any words bee too bad for a man, that by his will without legall cause casts another man in prison, and when hee hath him there indeavours to hire false witnesses to take away his life, yea and robs him of his Estate bywill and power that should buy him, and his, bread to keepe them alive. So hee spake another sentence in latine, which I being not able to understand, intreated him to speake in English, for I was but a bare English man, understanding no Latine but a company of common words, and therefore intreated him to speake only English if hee would talke any more, but if hee was weary hee might give over when hee pleased, but for my part I was not weary, nor would not give over the discourse so long as hee pleased to hould it:

Truly Mr. Lilburne saith hee, for my furious prosecuting of you, the duty of my place requires mee to doe what I doe, and I doe assure you I doe not know that ever personally I did you any wrong, did I?

Truly Mr. Prideaux, at present I doe not remember, but if ever you did; I doe not call to mind at present that ever personally I gave you a provocation, or did you personally any wrong; but it is likely Mr. Prideaux, when you doe mee wrong, either personally or officially, that you shall heare sufficiently of it.

Whereupon he took up my book, and looking upon it, said to this effect; Mr. Lilburn, without doubt you scarce sleep for studying and writing of books. doe you? Yes Mr. Prideaux that I doe, as well and as heartily as you or any man in England and as or such a book as that is, if I be well in my health and my eyes, and be in the vein of studying, I can mak such a book, upon any subject in 3 or 4 daies space.

I but &illegible; he &illegible; & lacremæ in your sufferings were better.

I confesse Sir to you it were so, for then you might commit all manner of oppression and Tyranny towards mee without feare or dread of ever beeing told of it againe; but Sir, I know no man hath so much cause to use Prayers and teares as oppressors and Tyrants, for the wrong and injury they doe to other men; but Sir, this Argument was the Bishops old weapon which they used to keepe the People in peace with; but sure I am Paul made use of his Reason to defend himselfe against his adversaries as well as Prayers and Teares; yea and with it to save himselfe, with it set them together by the &illegible; Act 23. 6, 7, 8, 9. But I pray Sir, why did not you your selve (I mean the house of Commons) make use of these weapons and none else against the &illegible; who I am sure upon your owne Principles was a legall Majestrate; and therefore Sir, if you believe that Prayers and Teares are the only weapons that Christians must use against oppressing Majestrates, you your selves might have done well to have led us the example (for examples are most commonly of the strongest operation upon the mind) and have suffered the King (a lawfull Majestrate) to have cut your throats, without either your Reason (in your Declarations and Remonstrances against him, or your Force and Swords, in Fights and Battells) against him, and therefore Sir, you your selves having in your Actions and Practise (which are the most forcible Preachers) made use of other weapons then Prayers and Teares against the King when hee oppressed you; give mee leave I beseech you to walke towards your selves in you owne steps, to make use of your own weapons against your selves when you oppresse mee; but I assure you Sir, if you will not give mee leave I will take and use it, and teach it to bee used to the utmost of my Power and as far as I am able; and therefore Sir, it is a vaine thing for you to Preach any such old Popish Doctrine to me, especially considering your owne is quite contrary to your present verball Doctrine; and therefore right or wrong, if I doe by you as you have done by others, you (of all men in the World) cannot say it is unjust in mee so to doe.

Thus my true friends I have given you as exactly as my memory will inable mee, the true substance of my discourse with Mr. Prideaux the nik-named Attorney Generall; who appearing to mee pretty well exhausted of matter, fairely and civilly told one hee had done with mee as present, and therefore bid mee farewell, and I him; and comming out into his next roome, wee found it very full of my old acquaintance and true friends, at the fight of so many I could not but wonder, considering that the Lievetenant of the Tower did so surprize mee in time, as is before declared, before hee let mee know of his warrant, that considering the framing and writing of my forementioned &illegible; I had scarce time or oportunitie to give notice to any of my friends that lives highest to mee; but coming back to the Tower, the twenty-seveneth of September 1649. Collonell west was pleased to shew mee a warrant which severall dayes before hee had in his hands, the copie of which thus followeth.

Whereas Lievetenant Collonell John Lilburne hath beene formerly committed prisoner to the Tower of London for High Treason and that wee are informed, that there is sufficient evidence against him, for bringing him to his Triall for Treason: These are therefore to will and require you forthwith to take into your custody the said Lievetenant Collonel John Lilburne, and him safely to keepe in the said Tower of London in order to his Triall, for the said crime, of which you are in no wise to faile, and for which this shall be your sufficient warrant. Given at the Councel of State at White-Hall this 19. of Sept. 1649.

To the Lieutenant
of the Tower.

Signed in the name, and by Order of the Councel
of State, appointed by Authority of Parliament:
John Bradshaw, President.

And since the knowledge of this Warrant, I understand they have in Order to my particular Tryal, signed at the great Seale (as they call it) a pretended special Commission of Oyer and Terminer for London and Middlesex, to which I cannot so fully speak, as by Gods assistance I intend, till I have seen a Copy of the Commission, which I hope shortly to do, and therefore must now crave your favour to suspend the performance of my promise exprest in the foregoing, page &illegible; for a little time longer, and intreat of you to accept this which here already I have writ to you in good part, till more come, and to look upon this as the substance of my Plea and defence against them, whensoever I come before them; upon which, by the strength of God I will dye, for which (I blesse his name) I am prepared, as scorning their curtesie and bidding &illegible; to their malice, who are to me no more a Parliament or Majestrates in any sence, then so many strong robbing Theeves in the high way; whose Power or Authority, by the Assistance of the Almighty, I shall never while I breath stoope unto, or so much as hereafter directly or indirectly addresse unto, or suffer any in my name, or for my benefit (so farre as I am able to hinder) to addresse unto; only this I intreat of you, that if I should die in this contest (for putting them in mind of their promises) that you will improve your utmost interest, that this Epistle may live, and many Thousands of them he re-printed, and seeing by their new pretended Act about Printing they cannot be sold, they may be thrown away, and given, and sent all up and down the Nation; So with my true love presented to you all, I commit you to the safe Protection of the Lord God omnipotent, and rest,

From my unjust and causelesse
captivity in the Tower of
London, this 30. of
Sept. 1649.

Your faithfull friend and Countreyman,
so long as he is.

John Lilburne.

Postscript,

ALL The Petitions to the pretended House, for their Courtesie or Favour towards mee, by any Persons whatsoever, though never so nigh to mee; I totally disavow, disclaime, and disowne, as altogether done against my Consent, Will, and &illegible; being absolutely Resolved, by the strength of God, to lay down the last drop of my blood, in Defence of my foregoing Discourse.

October 13. 1649.

John Lilburne.

Endnotes

 [* ] and if not a formall standing Power, then at most they can &illegible; to no power at all, but to govern according to those wholsome Lawes and Ordinances they found in being, at this the Armies finall forcing and disolving of them, till a just and unquestionable Representative can bee chosen and &illegible; having by this their owne confession no power in the least to make any new Lawes at all, or any Orders to &illegible; so much as the pretended name or stamp of Lawes; but they have verified the old Proverb, that oportunity makes a &illegible; for their successe hath made them Tyrants and regardlesse of all their promises.

 [* ] see those notable instances of God’s vengeance upon Faith and Covenant breakers Recorded in the 9, 10, 12, 13, pages of my booke of the 31 of May 1647. called Rash Oathes unwarrantable, & in the 2. edition of my Book of the 9 of June 1649. Intituled The Legall Fundamentall Liberties of the People of England Revived pa. 16, 17, and in that most remarkable Epistle of Mr. James Freize Merchant, (Prisoner in the &illegible;) to the Generall, dated 25 Aug. 1649. and Intituled the Levellers Vindication, page 6, 7, 8.

 [* ] I am necessitated to acquaint you, that the difficulties accompanying the Presse, by reason of the late Act against unlicensed Printing, hath occasioned abundance of faults in this my present Epistle, and hath likewise been the occasion of leaving out almost a whole page of my Copy, betwixt the latter end of the first &illegible; and the beginning of the second, which hath constrained me to insert it after this manner.

 

 


10.18. John Lilburne, A Letter written to Mr. John Price (31 March, 1651)

Bibliographical Information

Full title

John Lilburne, A Letter of Lieutenant Colonel John Lilburns, written to Mr. John Price of Colemanstreet London, (and a Member of Mr. John Goodwins Congregation) the 31. of March 1651. about the harsh and unequal dealing that his Unckle Mr. George Lilburn, and several others of his Family findes from the hands of Sir Arthur Haslerig. Unto which is annexed Mr. John Price his Answer thereunto.

Estimated date of publication

31 March, 1651.

Thomason Tracts Catalog information

TT1, p. 832; E. 626. (19.)

LWV

T.226 [1651.03.31] (10.18) John Lilburne, A Letter written to Mr. John Price (31 March, 1651).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Unto which is annexed Mr. John Price his Answer thereunto.

Mr. Price,

HAving for some certain weeks by past, been out of the City in the North, at my coming home, I met with a reproachful caluminons pamphlet, without any Authours name to it, entituled Musgrave muzled, or The month of Iniquiry stopped, Printed by John Meacock of London: and inquiring as diligently after the Authour of it, as posibly I can; I am confidently informed, that it came to the Presse in your handwriting, & that your self in person were at the Printinghouse, to look after the correcting of it, and that you are the Authour of it: And finding my self and some of my night relations, somewhat deeply concerned in it; I have been at some pains in the perusal of it, and it may be, have some thoughts, to deale with it as it deserves: but least any reflexion upon slender grounds should be upon you; I judged it but the part of a man, that hath but either a grain of honestly, or a drain of metall in him, to write these few lines unto you, and to desire of you, if you please within 3. dayes after the date hereof, to let me receive 2 or 3 lines from you, for the disavowing of it to be yours, or else in the failer thereof, I shall take it for granted it is yours; and further if you own it, to avoid any further paper jangling, I shall if you please, give you a meeting face to face, with a few friends of yours and mine; where I doubt not but in every circumstance fully to clear up unto you, that my Father Mr. Richard Lilburn, and my Uncle Mr. George Lilburn, have been as faithful Servants, hearty, as zealous, and as honest unto the Parliament of England, and the true interest of the Nation of England, both before the warrs in the Kings prerogative time, and from the first day of the late warres, to this very hour, as any two Committeemen imployed by the Parl. in any County whatsoever, in the whole Nation of England; & never did, either jointly or dividedly in the whole progress of their Committee actions, or any other actions, any one single act, that in the strictest sense comes within the compass of the Ordinance of sequestration; and that they both have been great losers, and not in the least gainers by the warres and troubles of the Nation; and that they have neither jointly nor dividedly done any one action in all their publick imployments, or by any colour thereof, that justly deserves to have them, or either of them branded, as cozeners and cheaters of the State of great sums of money, as Sir Arthur Hazlerig hath taxed them, or the one of them to be in the Speakers Chamber of late, before divers Members there: and also at Haberdashers-Hall, openly and several times; and although most unjustly he hath sequestred the one of them, and endeavoured the destruction of them both, and their whole posterity; and hath also strongly endeavoured to root them out, for having a name or being in the County, where they have received their first breath, and have had their most constant abode: And that Sir Arthur himself is the man of all them three, guiltiest of every particular thing he chargeth upon them. All which (if you decline a fair and friendly meeting, as is before desired) I give you hereby authority to acquaint Sir Arthur, that if he please to procure an Order from the Parliament, I will meet him at the open barre of their House, upon equal, fair and just tearmes; and in the behalf of my Father and Unckle George, or either of them, I will meet him face to face, and will hazard my life and estate, as far as by Law any pretended crimes against them are capable of punishment, to justifie and make good by credible witnesses, appearing vivâ voce at the barre of the Parliament, at the intire charges of him or them, that they shall judge the offender and guilty party: provided his person and estate may be declared to be as liable to repair wrongs done to the State and us, (I mean the parties aforesaid) as ours may be to repair wrongs done to the State or him: and I think this is fair and honest, especially considering he hath ten times my interest in the Parliament. And that you may a little know, I speak not at random; I must let you know, I lost divers hundreds of pounds about 3. years agoe, that in probability I might have injoyed, had not the malice of a North Countrey Parliament man been, who made use of a charge of delinquency, then prefered against my Unckle, to be revenged of me his Nephew, to my losse and detriment of about 5 or 600 l. that I night justly have expected to have possessed; of which being acquainted, by my faithful and never to be forgotten friend Col. Rigby, I hastned down to the Countrey, and told my Uncle of it, and all the circumstances of it; and further protested to him, his crimes should not be my ruine; and therefore if he would not endeavour to bring his business to a final tryal, that thereby he might be cleared, I would become prosecutor in the States behalf, to bring him to his deserts; but if he knew himself clear, and would endeavour his justification by a final Tryal, I would venter my life and estate with him, and become his Agent to mannage his business for him: upon which I digged into the very bottom of all he was charged with, and carse to the Committee of Durham, and before Sir Arthur; and the then Committee, opened his case, and pressed for a set day of hearing; which Sir Arthur and the Committee granted, and caused the Order to be sent to Shadford, his prosecutor, a Delinquent in both the first and second warre, or one of them, (I do aver it at my peril, ingaging to make it good: now Sir Arthurs High Sherief of the County of Durham, whose heart failing him, and his Conscience telling him my Unckle was an honest man, and free from all his false accusations; for he pretended my Unckles power was so great in that Countrey, his witnesses durst not speak the truth against my Unckle; whereupon with my Unckles consent, I moved, that seeing the Gentleman had a Brother sitting in Parliament (viz. Mr. John Blaxston) and my Unckle had none, that therefore in regard he might not doubt of fair play, I desired all things betwixt them, by that Committe might be transmitted to Parliament, which the Committee with Sir Arthur unanimously ordered; but after the Order was drawn by Isaac Gilpin their Clark then sitting amongst them, according to all their desires, and openly read: the prosecutor Shadford whispered Sir Arthur; upon which he took the Order, and turned him to the window, and of his own accord blotted out all those lines and words that ordered the transmission; and in their steads with his own hand interlined so many lines and words, as made the Order to amount to thus much in effect, That if George Lilburn would forgive Thomus Shadford, The Shadford should forgive George Lilburn, and prosecute him no further; of which I cryed shame, and thereupon Sir Arthur was over-ruled by the Committee, and the case transmitted to the House of Commons, where by reason of Mr. Blaxstones greatness, my Unckles Petition could not procure a hearing, till he was fain to print a Remonstrance against Mr. Blaxstone and Shadford &c. and delivered it at the House door; upon which it was &illegible; to the Northern Committee, where Sir Arthur got the Chair in the Speakers Chamber; where were present sometimes 12. 16. and more Members of the then House of Commons; and Major John Wildman and my self being my Unckles Councel to mannage his business for him: in the opening of my Unckles cause, I paid Sir Arthur and his unwarrantable dealing in his carriage a Durham to the full, to his face, before the whole Committee; and Mr. Blaxstone had so much of it there, that I have heard it credibly said, with very grief he went home discontented, that he could not have his will of my Unckle; and after that, never stirred out of his Chamber, till he was carried to his grave: and my Unckle in the conclusion, by that very Committee, was honourably acquitted, and commanded to go home; some of them promising him to take care of his report to the House, which being not yet made, Sir Arthur and his Agents the last year, (pending the said report, to the high dishonour of the Parliament,) sequestred him for those very things then charged upon him out of malice, that his Son Thomas Lilburn had so much honesty, as to be the Countries Agent to complain above a year agoe to General Fairfax, &c. at White-Hall, of either Sir Arthur, or some of his Officers, detaining from the Souldiers, great store of their billet money; for want of which they were connived at to take free billet of the Countrey, contrary to an Act of Parliament.

And now Sir, upon the forementioned Ingagement to my Unckle, I have lately and seriously and deliberately digged into the bottom of my Unckles business, that now he is by Sir Arthur troubled, and indeavoured to be destroyed for; and upon my Conscience and life as in the sight of God, I speak it, I judge them also just and honest, as that I judge my self bound in duty before God and man, to discharge my foresaid Engagement to him, and to venture my life and estate for his just preservation, and if I perish, I perish; but if God please to inable him to follow my advise, I doubt not but Sir Arthur shall purchase all the ground he gets of him, by Inches, and sweat for it two: so as a friend, in a friendly way, I expect your speedy answer, and rest

From my House without
Ludgate, at the end
of the Old Baily,
this 31. of March,
1651.

Yours more then ever you
were mine,

JOHN LILBURN.

For Mr. John Price in Colemanstreete, a Member of Mr. John Goodwins Congregation, in London.

Mr. Price.

I Must confess, I am now as hardly induced to appear again in Print, as ever I was to do any thing in my life; and if any other way in my judgement besides printing, might have preserved my Family from that fatal and causeless ruine Sir Artkur Haslering intends, and hath visibly acted towards them, I should rather now have lost a peece of one of my fingers, then thus publickly to have spoken; but when I seriously consider that story that I have often heard, That the laying of the knite to the Fathers throat, caused the dumb Child in a miraculous way to strain it self, and to cry out for help to save its likely to be destroyed Father I am provoked and compelled to say to my self; and shall I (though lately resolved in my self, by never so much printing silence) hold my peace, when as I visibly and apparently see (at least to my understanding) not only the knife as it were laid to the throat of my Father, but even to the very essence and being of his Family, (and that for no other crime appearing to me, but only because they dare be English-men, to stand to maintain their own rights, and will not be Sir Arthur Haslerings Vassals and slaves, to do what ever sie pleaseth?) O God forbid that I should live to that day, to be guilty of that grosse baseness; and therefore have I throne fear aside, once again to appear to the world; yet with this resolution, to spread before my eyes in my writing, both those Acts of Parliament about treason, of the 14. of May, and the 17. of July 1649. upon which at my late Tryal at Guild hall, I was arraigned, and which is printed in the 86. 87. 88. 89. & 90. pages of that Book, called Lieut. Col. John Lilburns Trial; with the constant looking upon which, I hope my pen will be kept from any pretended slip, failings, or distaste towards the State, or the supreme Authority the Parliament of the Common-wealth of England; and therefore this being premised, I must acquaint you (with an intent that the world may know it) that after I had sent you the Copy of the foregoing letter by a friend, on purpose to deliver it to your own hands; but you being gone out, he left it as he told me with your wife. And hearing nothing from you till the time prefixed in my letter was expired, I repaired to your house, and had a pretty large discourse with you; but could not in the least and by you, that you were willing to imbrace or forward any of chose just things I had proposed to you in my foregoing letter; but for answer to it referred me to yours, you had lately sent to my house; which at my coming home I found, the Copy of which thus followeth.

To Mr. John Lilburn, as his house without Lud-gate, these present.

SIR,

I Have lately received a letter from you, importing something concerning Sir Arthur Haslering and my self. As for Sir Arthur, I presume him a Gentleman of that honour and Conscience, as that he is able to give a rational account, touching whatsoever he is chargeable withall, either by your self, or any others. As for my self and the Authour of the book you speak of, though I presume my self capable to give satisfaction in a direct answer; yet I have learned so much from your self and others, as never to respond unto questions of that kind; and therefore shall leave you to your liberty, how you please to deal with

April 3. 1651.

Your better friend then you presume,

JOHN PRICE.

Mr. Price,

I Hope you and Sir Arthur judge your cause so honest, that you will abhorre and detest to suppress either this, or an after answer to your fore-named Book, (for yours by your letter I judge it is) or to endeavour to punish the dispersers thereof, especially considering you are like to meet with fairer adversaries then your self, that dare set their names to what they do, which it seems you nor Sir Arthurs former Champions durst not; and I promise you, for my part, I shall own and avow before the Parliament it self, what I about this busines shall do; but if you do punish the publishers, and suppress the things themselves; let me tell you, it will to the eyes of all rational men, argue your guilt: therefore in hopes you will be somewhat like men, till the answer to your Book come, take this in good part, with the abstract of the depositions taken in my Unckles case, before the said Committee of Parliament; where Sir Arthur was Chair-man, as is before declared: the Copy of which as they come to me, taken from the hands of Mr. Nicholas Mould, Clarke to the foresaid Committee of Parliament for the Norther Association, thus followeth.

The Abstract of the cause between Mr. Tho. Shadforth, and Mr. George Lilburn, referred to the Honourable Committee for the Northern Association, to be examined by Order of the House, the 5. of March, 1648.

IMprimis, two Warrants were produced, directed to the chief Constables of the County of Durham, and dated at Newcastle Septemb. 12. 1642. Commanding them to furnish the Earl of Newcastle with Horses, to carry Ammunition for the Kings service; and unto these was subscribed George Lilburn, and a seal was set to them by the name, as the Seal of George Lilburn.

George Lilburn being examined, and asked whether the name of George Lilburn subscribed to those warrants produced, and the Seal set to them as his, were his Hand and Seal; he answered that he knew not that it was his Hand and Seal, saying his Hand and Seal had been divers times counterfeited, as he could prove.

For proof that the Warrants were signed and sealed by George Lilburn, Mr. Martin Foster was examined as a witness, who saith, That he was a Captain in the Kings service, under the Earl of Newcastle, and that he saw (as he thinketh) about six years since, about the latter end of November, a Warrant for promoting the Kings service, signed George Lilburn; but whether it were his hand or his Seal, he knoweth nor.

Mr. Foster further saith, That he knew one Chilton was in Col. Hiltons Regiment, under the E. of Newcastle, & that he came into the Regiment before they marched out of the Bishopt. of Durham, which was after the Battel at Yareham, against Sir Hugh &illegible; as he takes it, about Febr. 1642. And that he believes that the said Chilton served for Mr. George Lilburn, because Chilton made an answer for George Lilburn, when the list of the names of those which were charged with Arms in that County, was called over; but he further saith, that he heard that George Lilburn was in prison by the Earl of Newcastles forces, at the time of the raising Col. Hiltons Regiment.

Mr. Shadforth being the prosecutor, examined for information, but not as a witness, saith, that he saw not George Lilburn sign or seal the Warrants produced, dated the 12. of Septemb. 1642. but saith, that George Lilburn did acknowledge voluntarily in the presence of Francis Wren, and others of the Committee of sequestrations at Durham, who were then sitting as a Committee, that he did sign and seal the aforesaid Warrants; saying, that when he signed them, he would have signed 20. more of the like nature, if they had been then offered unto him; for that he was then under a kind of restraint.

In the defence of George Lilburn Esq; against the charge exhibited against him by Mr. Thomas Shadforth.

CAptain Robert Sharp examined, saith, That about the 12. of Septemb. 1642. he was at the Town-house in Newcastle, where he saw sitting Sir Wil. Carnaby, Sir Tho. Liddle junior, and Mr. Liddle Justices of the Peace, who sent twice for M. George Lilburn, who came not, and thereupon a motion was made, that the said George Lilburn should be sent for by Command; and at the third time the said George Lilburn came to the said Town-house, whether by Command or not, he knoweth not; but being come, he was thrust back by the shoulders, disrespectively, and the Kings Souldiers being at that time within 20. yards of the place, where Mr. Lilburn was thus used: the said Rob. Sharp was afraid that they would keep Mr. Lilburn prisoner, and also apprehend him, and so he fled out of Town; for that he knew Mr. Lilburn was well affected to the Parliament, and that the Kings forces had a List of all that were well-affected in that County.

Mr. Robert Carr examined saith,

That he met George Lilburn at Newcastle in 1642. when the E. of Newcastle was raising forces for the King, the particular time he remembers not. And the said George Lilburn did at Sir Thomas Riddles dore, in the Close at Newcastle, complain to him the said Carr, that he was in a sad condition; because Bishoprick Gentlemen would force him against his Conscience to sign a Warrant, and saying further, that he thought he should be sent to prison, and all that he had should be lost; and the said Carre heard at that time, Sir Tho. Riddles man told the said George Lilburn, that his Master required him to come to him.

Mr. Henry Lever examined saith,

That George Lilburn in August 1642. met him at Newcastle, when the E of Newcastle was raising forces against the Parliament; and that the said George Lilburn was then very solicitous to oppose those forces, saying, he would rather die in a halter, then joyn with those forces against the Parliament. And the said Lever saith, that they then resolved that George Lilburn should go to Scotland for help for the well-affected.

Mr. Robert Carr, Mr. George Gray, and Mr. Hen. Leversay,

That in Octob. 1642. the said George Lilburn went to Edenburgh to Mr. Pickering, Agent in Scotland for the Parliament of England, to implore him to acquaint the Parliament with the sad condition of the North, and to desire help for the well-affected from the South, which Mr. Pickering promised to do for them.

Mr. John Smart and Mr. Gilbert Marshall examined severally say,

That Mr. George Lilburn in Octob. 1642. at the meeting of the Countrey, to put the Commission of &illegible; in execution, did oppose it, saying, the Parliament did declare it to be illegal and they; further say, That Mr. George Lilburn had been then imprisoned for his affections to the Parliament, if he had not fled out of Durham privately.

Mr. Robert Sharp, Mr. Rob. Carr, Mr. Henry Lever, Mr. Gilbert Marshall, and Thomas Chilton say,

That George Lilburn was about the 11. of November 1642. for his affection to the Parliament, taken prisoner by one of the Earl of Newcastles Colonels, and was barbarously used, forced to go on foot, pinioned with ropes, arm to arm, with some other well-affected men through the dirt, after the Carriages from Durham to York Gate-house, having neither fire nor bed, meat nor drink, for 3. dayes and 3. nights, and that the said George Lilburn was afterwards removed and imprisoned for above 6 moneths in York-Castle, where he was sometimes in the Dungeon, sometimes in the common &illegible; And Martin Foster saith, he saw the said George Lilburn Prisoner in York, in the Kings forces in August 1643.

Mr. John Smart, and Mr. Robert Sharp, examined say,

That in their hearing the said George Lilburn during his imprisonment, was very often above ten times solicited by Mr. &illegible; &illegible; to give any small matter to the assistance of the E. of Newcastle, either a Horse or the like and his inlargement should be procured; but the said George Lilburn refused alwayes, saying, he had rather rot in prison then give any thing to that service.

Thomas Chilton examined, being the party mentioned in the Charge to serve for George Lilburn, in Col. Hiltons Regiment, against the Parliamen, saith,

That he never did bear Arms for George Lilburn against the Parliament, neither did the &illegible; George Lilburn ever desire him so to do. And Mr. George Gray, Mr. John Smart, and the said Thomas Chilton, said that Col. Hiltons Regiment begun to be raised about the beginning of Decemb. 1642. And Mr. George Gray relates from the said Col. Hiltons month, that the Commission of the said Col. Hilton to raise his Regiment, bore date the 24. of Decemb. And they all say, that the said George Lilburn was a prisoner before that time.

Mr. Gilbert Marshall, Mr. Henry Lever, Mr. George Gray, Mr. Robert Sharp, examined say.

That they having lived in the same Countrey with the said George Lilburn, have alwayes observed, that the said George Lilburn hath been from the first to the last, faithful and active for the Parliaments service, and one of the chiefest incouragers of the well-affected in that Countrey.

Mr. Price,

PEr adventure you may wonder, why in these lines to you I say nothing of Mr. Musgrave, so much reported and calumniated in your Book: truly it is, because he is of parts, resolution and ability sufficient to answer for himself; and by what I have heard from him, will rationally and fully do it in his own time; only as it may be, you may wonder at me for that: so give me leave to wonder at Sir Arthur Haslerig, that he hath lien still all this while, and never indeavoured to take his remedy at Law against Mr. Musgrave, for writing his Book against him; seeing Sir Arthur hath an express Order from the Honourable the Councel of State, to inable him so to do; for truly I and many others can render no reason for Sir Arthurs silence in that particular, unless it be the guilt of Sir Arthurs own Conscience, which tell him Musgrave will, if questioned, justifie and fully prove all or the chiefest part of that which he hath said; which I do verily believe in my very heart, he will very fully be able to do: for as much as I have often heard him say, he can, and desires nothing in the world more, then to come to a legal tryal, or teste. So bidding you adieu at the present, I rest,

A faithful English-man,

From my House this
7. of April 1651.

JOHN LILBURN.

FINIS.

 

 


 

10.19. John Lilburne, His Apologeticall Narration (April, 1652)

Bibliographical Information

Full title

John Lilburne, L. Colonel John Lilburns apologetisch verhael, nopende d’onwettelijcke ende ongerechtige sentenie vande verbeurte van 7000 poundt sterlinghs ond’ eeuwigh bannissement, tegens hemgewesen onde over hemge-executeert door ’t Parlement van Englandt in January 1652. L. Colonel John Lilburne his Apologetical Narration, Relateing to his illegal & unjust Sentence of 7000 pounds fine & perpetuall banishment Decreed & Executed upon him by the present Parliament of England January 1651.

t’Amsterdam, Ghedruckt in Aprill 1652, by L.I. Amsterdam, Printed Aprill., 1652 by L.I.


Estimated date of publication

April, 1652.

Thomason Tracts Catalog information

TT1, p. 869; E. 659. (30.)

LWV

T.231 [1652.04] (10.19) John Lilburne, His Apologeticall Narration (April, 1652).

Editor’s Introduction

(Placeholder: Text will be added later.)

Text of Pamphlet

Text of Pamphlet

&illegible; at &illegible; D: Domine

DE LILBVRNE

&illegible; Præfecto,

Paternis sedibus ostracismo exuli, &illegible; Fortunæ regressum Expectanti,

EPIGRAMMA

Inejus defensionem Apologiticam.

Virescit vulnere virtus.

Quid Lilbvrne times? nullus sine Marte Triumphus:

Si pateris, vincis victus, & exul ovas.

Miles ubique domi est, Patriâ non exulatusquam:

Quo labor est major, Gloria major erit.

Externus ad Exurnunt.

Dabit fortuna regressism.

Lieut. Colonel J. Lilburns, Apologetisch verbael, nopende sijn onwettigb en onrechtvaerdigh Bannissement, onlanghs tegen hem uytgesproken: toegoschreven aen alle Inwoonders der vereenighde Nederlandsche Provintien.

Waerde Vrinden,

GOd, d’absolute Over-Heer van ’t gantsche menschlijcke geslachie, die daer den Hemel ende d’Aerde bestiert ende regeert, ende alles daer inne naer sijn lust endewelgevallen ende tor openbaringe van siin eygen eere ende prijs, is ordonneerende; daer toe al het werck uyt sijnehanden is gheschapen gheworden: wiens verscheyde verhenckenissen over der menschen soonen, ende de seeckere ende particuliere gronden ende redenen der selve, ons on-nac-speurlick ende ondoorsoecklick zijn: den eenen verhoogende ende den anderen vernederende, naer sijn eygen goede wille ende welgevallen; is in allen sijne wegen ende handelinghe met den mensch oprecht ende getrouw, oock gerechtigh ende rechtvaerdigh, ende wel geluckig is die onder de menschen kinderen, die in alderley verhenckenissen Gods, inde Ebbe ende vloedt derselve, sulcks waerlijck, oprechtelijck ende van herten seggen kan: want dus doende, is daer vrede ende gherustheydt des gemoets in’tbevinden van dien, is d’arme Creatuer recht vernoecht ende bevredight, ende is sulck besit meer te wacrdeeren dan groote rijckdommen, ende waerdiger verkooren te worden, dan veel sijn Gouts.

Ick, de schrijver deses, hebbe overvloedelick van Gods Tnymel Kelck ende hooge ende lague verhenckenisse over my, in dese VVerelt gesmaeckr, welcke my, als een enckel mensch, niet als een dael der traenen, ja als een Pilgromschap geweest is, vol droesneyts ende lijden voor dese mijn aertsche Tabernakel. VVant in mijn jonge jaren, doen ick niet boven de twintigh jaren oudt was, in het jaer 1637 VVas ick door de Bisschoppen ghenoodtsaeckt uyt Engelandt te vlutchen, en in dese Quartieren, (de ge woonlicke ende Edelste toevlucht op aerde; voor vele treffelicke ende vaillante Christelicke gemoederen,) myte begeven. Maer in mijn weder-keer in Engelandt, dien selfden jaer, wirdtick aldaer dooe hun genomen ende gevangen geset. Ende daer nae wirdt ick door de Heeren van ’s Konincks raedt gevangen genomen, ende daer nae noch cens door de Richters vande Starr-kamer: Van dewelcke ick, geduirende de tijdt van omtrent drie jaren, d’Executie hebbe geleden ende uytghestaen van cen vande wreedste sententien, als yemandt van V. L. (mijns bedunckens) in eenighe Historye oyt sal gelesen hebben, dat cenich Mensch hebbe uyt gestaen ende daer na noch lijckewel het leven behouden hebbe. Waer van ick V.L. datelijck een verhael, gelijck het selve in’t jaer 1645, in Engeland is gedruckt geworden; sal mede-deelen. Daer na inde maent November 1640, zijnde door’t Parlement, daer doen de Generael Cromvvel de voornaemste Instrument toe was, weder los gelaten, wirdt op den derden May sestien-honder en een-enveertigh, door ’t speciael bevel van den overledene Coninck selfs, weder gevangen genomen, ende des volgende daeghs, wird ick door sijn speciael order, als een vetrader gebracht ende gesteldt in een extraordinary volle Huys der Heerentot VVest-munster, om voor mijn leven te verantwoorden: alwaer ick met cere ende credit askomende, den Oorloch korts daer na tusschen den Coninck ende ’t Parlement aen-hevende (hy door en speciale Acte des Parlements hun ghemaeckt hebbende tot een geduerigh Parlement, om soo lange te sitten als het hun believen sonde, ende daer door hun sormalicken die macht gegeven hebbende, daer re vooren door de wetten hy selfs mede versien en bekleedr was) soo nam ick, volgens mijn verstandt ende schuldige plicht na mijn oordeel ende Conscientie, de wapenen als een Officier ende Capitain onder ’t Parlement, tot verdediginge ende handthavinge vande Vryigheden onser Natie, ende waer in’t gevecht van Edge hill den 23 October 1642, alwaer ick my droech als een man van eere ende reputatie de Vrjigheden sijns Vaderlants hooget estimeerende als sijn leven ende bloet. Daer na was ick oock in dat bloedigh gevecht ende scharmutseringe tot Brainsort op den 12 November naest-volgende, alwaerick, als een man van couragie, die liever op de plaets doot wil blijven, als’t geen daer hy toe verplicht is, ende dat hy voor genomen had, trouwlooslijck op te geven, een van die 700 was, die vele uyren langh, den gantschen Conincklijcken Armee een manlijck wederstandt deden, ende dien volgens het innemen van de Stadt Londen beletteden. In welcken scharmutsel door ’s Conincks Armee aen allen kanten omgeven, ende ick selfs gevangen genomen zijnde, wirdt ick gevancklijck naer Oxford gevoert: Alwaer ick, door verscheyde Heeren, noth rechtevoort in Engelandt levende, van ’s Conincks wegen; versocht wirdt; mijne gronden te veranderen ende der Parlements saecke daer ick my ingegeven had te verlaten: Maer sulcks geweygert hebbende, wirdt ick in ysere bocyen geleght, ende most alsoo voor den Opperste Richter den Heer Heath voor de tweedemael als een Verrader gestelt worden, om aldaer voor mijn leven te antwoorden. Daer nae, hebbende aldaer by nae een gantsche jaers seer wreede gevanckenisse uyt-ghestaen, wirdt ick seer eerlicken door des Parlements Generael den Graef van Essex gewisselt teghens een sonderlinghe Mignon des Conincks, Sir Iohn Smith, Bander-Ridder, deweleke alsoo door den Coninck inden Velde tot Ridder was gheslaghen, om dat hy inden slach van Edgehill des Conincks verlooten Standart, weder ghewonnen had.

Ende nu vry zijnde, gaende naer Londen, vondt ick, mijns oordeels, een maniere van persecutie in des Graef van Essexs Armee, wegens eenige Religioeus stucken, daer de ghestalie mijns ghemoedts seer askeerigh van was, zijnde in my selven een groote liefhebber van Vryheyt, insonderheyt van Christelijcke Vryheyt, daer d’Apostel onses oppersten Heere ende Souverain, ons ghebiet vast in te staen, als de treffelijckste saecke inde wereldt daer een deughtsaem mensch ende nobel gemoetsiin behaghen in konne nemen, jae een saecke van sulcke waerdye, eenvuldelijck in hem selven inghesien, dat de genietinge van alle aertsche lusten inde werelt, sonder den selve niet eens des aensiens, ofte vermaeck daer in te nemen, waerdigh zijn: uyt dese consideratie, segh ick, verliet ick den Graef van Essex ende sijn Armee, en alle die hooge Obligatien daer hy my aen hem mede verplicht had (niet alleen met my uyt te wisselen, maer oock met by de drie hondert pont sterlinghs my besorghende, ende my te presenteren eenigh commando onder hem, daer ick maer sin mocht toe hebben) ende gingh na den Lieut. Generael Cromvvel in Lincolnshire, die ick wiste scheen een geest te hebben tot Vryheydt genegen doen maels seer conform mijn gemoet. Ende daer vond ick hem onder ’t commando vanden Graef van Manchester, onder wiens gebiet, voor eerst als Majeur in Colonels Kings Regiment, ten anderen als Leiut. Colonel in des Graef van Manchesters eygen Regiment dragonders, ick verscheyde maenden met groote hertelickheyt, yver ende couragie diende, tot dat na het slagh tot Marston-Moore, ick met een deel van mijn Regiment gesonden wiert om tot Tichle-towne in Iorck-shire mijn In-quartieringhe te nemen, met bevel den vyand in ’t Casteel aldaer in te houden, op dat hy niet uyt viele ende eenige Quartieren van onse Armee op en sloeghe. Maer in stee van sulcks de doen, ginck ick het gracht van ’t Casteel opdroogen ende nam het Casteel selfs in, fonder eenigh bloet stortinge ofte een eenich man vande mijne te verliesen. VVaer over mijn Generael, de Graef van Manchester, om dat ick geen volle ende eygentlicke Commissie en had gehadt, te doen wat ick gedaen had, my noodtsaeeklijck wilde doen hangen, ’t welck my soo discourageerde van langer een Soldaet te wesen, dat van dien dagh af tor op dese uyr, ick t’eenemael gestuyt ben geweest oyt meer voort Parlement te vechten. VVaer op, korts daer na, in ’t jaer 1644 Ick mijn Commissie neer-leyde, ende sedert die tijdt hebbe tot op desen dagh toe, buyten den oorlogh gecontinueeit. Maer also de Graef van Manchester, om verscheyde andete hooge miscomportementen, doen ter tijdt door den Luytenant Generael Cromvvel (doenmaels mijn familiaerste ende innighste vriendt) aengeklaeght ende in questie getrocken wirdt in ’t Parlement, versocht op my seer instantelijck de voorsz. Cromvvel, ende verwon my, dat ick hem de behulplijcke handt soude bieden in ’t vervolgen van den voorsz. Graef van Manchester, ’t welck ick oock met een yver deed, bevroedende op seer goede gronden, dat hy een verrader was van het ampt hem aen vertrouwt: ’t welck geen kleyne vervolgentheydt over my verweckte van alle des Graefs interesseerde ofte vrienden, die doe in beyde huysen des Parlements ende in de stadt Londen seer machtigh waren-VVaer op ick in May 1645 Door een Committy van ’t Lager-huys aengerant wirdt; maer dien storm ontgaende, wierdt ick op den negentienden Iuly naest volgende, door een Acte des Lager-huys (maer door wat reede, hebbe tot desen dagh toe niet konnen seeckerlijck weten) verklaert een gevangene in de bewaringe van hun Sergeant des Armes, de welcke my seer strengh getracteert hebbende, beval my aen een van sijn Gedeputeerde, genaemt Meester Knight. Alwaer niet weynigh ontslelt zijnde over my onschuldighe gevanckenisse, nam ick de pen in de handt ende deed mijn beklach: ’t welck maeckte dat een Committy van ’t Lager-huys, door hun order van den 9 Augusti 1645, My naer New-gate lieten voeren, daer men ordinaris de dieven, moordenaers, ende diergelicke schandelijcke ende gedebauchieerde Malefactors doet setten: welck prisonement het Huys selfs, door een speciale Acte vanden 11 Augusti 1645, approbeerde. Daer na op den 26 Augusti 1645, wirdt in ’t Huys der Gemeente een speciale order beraemt, my voor ’t gericht te vorderen, ende aldaer ter Sessie voor mijn leven te doen antwoorden. Maer met mijn tonge en penne grootelijcks my weerende, ende mijn conditie in verscheyde boecken uytgedruckt hebbende, soo deden sy my 100 pondt aen geldt tellen, die sy my schuldigh waren, en door ordre vanden 14 October deden sy my eerlijck van mijn gevanckenisse ontslaen, als cener die o nschuldigh ende onnosel bevonden wirdt, sonder eeuigh verder examen altoos. Daer na, op den 14 April 1646 wirdt ick sonder grondt of rede by een van des Grave van Manchesters Campioenen gearresteert over een actie van 2000 pondt, wegens gepretendeerde woorden: waer op ick weder genootsaeckt wirdt tot mijn desencie, wederom mijn toevlucht tot mijn pen te nemen, en by maniere van Plaitinge een boeck te schrijven ende te drucken, genaemt des Gerechtige mans Rechevaerdiginge: waerinne op sommige plaedtse iets ghedacht wordt, de reputatie vanden Graef van Manchester een weynigh quetsende, waer over hy, zijnde doen-maels de President van ’t Opper-Huys, my door order vanden tienden Iunij 1646 voor het Huys der Heeren deed verdachvaerden. Alwaer ick onder mijn handt ende segel een Protestatie overgaf, tegens hun aenmatinghe van Iurisdictie tegens de Gemeente, ’t welckick sustineerde te strijden tegens het negen-en-twintighste Capittel van Magna-Charta ende de Petitie van Rechten, twee vande voornaemste, bekende ende hooghste wetten van Engelandt, ende d’ absoluytste wettelijcke sauvegarde vande Vryigheden des volcks aldaet; die daer wel uytdrucklijcken verklaren, Dat de Gemeente van Engelandt door niemandt geexamineert en mach worden dan door huns gelijcken. Ter oorsaeck van welcke Protestatie, sy my dien selfden dagh weder in New-gates gevanckenis lieten brengen; alwaer ick den sestiende Iuny sestien-honderten ses-en-veertigh tegens hun aen’t huys der Gemeente appelleerde, als tegens die, die de Vryigheden der Gemeente van Engelandt wilden omstooten; ende in’t gedruckte gaf ick het den tijtel van des Vrymans Vryigheys geredt, Maer de Heeren daer over grootelijcks verstoort zijnde, deeden my weder door een ander order van den 22 Iuny 1646 voor hun komen, alwaer ick met hooge woorden daer op sterck ende stijf aenhiel, dat volgens de verklaerde watten van Engelandt, sy geen Iurisdictie altoos over my en hadden: waer over sy my condamneerde in 4000 pont straf aenden Coninck te betalen, voor eeuwigh incapabel te zijn eenigh Officie in Kercke ofte Staet, het zy in militaire ofte burgerlijcke saecken te bedienen, ende voor 7 jaren inden Tour van Londen gevangen te liggen; wet waerts ick dien volgens gevoert wirdt, alwaer ick dus verbleef tot op’t eynde van’t jaer 1648 geduerend’ welcke gevanckenis, de Heeren my voor 16 ofte 17 weecken van’t geselschap mijner Huys-vrouwe afgescheyt ende andersins barbarische wijse met my gheleeft hebbende, ’t welck my niet weynich verdroot, ende deed my met des te meerder ernst mijn studie vervolgen, en verscheyde tractaties te laten drucken tegens der Heeren on wettelijcken handeling tegens my. In welcke tijdt, het door de Rebellie ofte Contestatie van d’Armee tegens ’t Parlement, gebeurde, te weten ontrent May 1647 dat de Lient. Gen. Cromvvel machts genoch in handen kreegh, om my nae sijn welbehagen uyt mijn on wettelijke en ongerechtige Gevanckenisse te verlossen, welck ghevanckenisse oorsproncklijck uyt sijn importuniteyt, my in sijn querell tegens den voorschreven Graef van Manchester in te trecken, was veroorsaeckt geworden. Maer hy, gelijck ick verstaen hebbe, sich als-dan met den voorsz. Graef (de welcke hem in sijn beooginge doen gedienstigh genoch was) vereenight hebbende, stemde veel eer met hem, my in gevanckenisse te houden liggen, ten ware ick de Iurisdictie der Heeren over my eekennen wilde, dan cenighsins in het minste sijn Interest te krencken, om mijn Vrydoms wille. Welck sijn handeling met my (om so civielick daer van te spreecken als ick kan) ick aensach als een grouwelijck ende afgrijselijck stuck van onbeschoftheyt en on waerdigheyt; en derhalven viel ick plotslijck met mijn pen op hem, ende druckte verscheyde hooge Discourse tegens hem, waer uyt de eerste twist tusschen hem ende my ontstaen is. Maer dat jaer, namelijk 1648, door een Petitie aen’t Huys der Gemeente ingelevert, ende door vele duysenden van mijne veienden tot Londen, die my wegens hun Engelsche Vryigheden ende Nature Gorechtigheden die ick voorstont, seer hertelijck lief hadden, wordt ick door een ordonnantie van beyde Huysen des Parlt: van de voorsz, ongerechtige gevanckenisse, ende van yder stuck der voorgedachte sententie der Opper-Huys, vry verklaert.

Daer na, leeck her als of her verschil tusschen den Luytenant Generael Cromvvel, ende my ten vollen geslicht ware. Ende doen nu den Oorlogh in Engelandt (veroorsaeckt door den inval van den Hertogh van Hamilton, &c.) over was, soo liet d’Armee nevens vele voorige Declaratien, een weijtloopigh Remonstrantie uytgaen, gedateert tot Sr. Albans, den sestienden November 1648. nopende het stellen van den Coningh voor ’t Gericht oock wegens het afbreken ende dissolveren van’t Parlement. Op welken tijt ick ende verscheyde andere van mijn kennisse, grotelijcks viesende, dat hun voornemen was, allen burgerlicke macht ende Magistraetschap deser Natie by de wortel uyt te roeyen, om in’t toecomende ons na hun wille ende sweerden, als een geconquesteertvolck te gouverneeren; Leyden onse hoofde te samen ende schickten tot hun na VVindsor vicr. Commissarissen, daer ick dan een van veckooren was, de andere drie waren Maieur Iohn VVildman, Mr. VVilliam VValwijn, ende Mr. Maximilian Petty. Alwaer wy doen, als oock in hun march naer Londen, vele schoone ende treffelijcke beloften van hun kregen, van een spoedigh ende onmiddelijcke oprichtinge van successive ende gelimiteerde Parlementen, op een vast populaire. Accoort, door ’t volck-van Engelandt ondertekent: ’t welck doen van hun selfs in’t druck wiert gegeven, ende verklaert den eenigen reden-matige, gerechtige ende bestandige middel te zijn, om de Vryigheden van Engelandt vast te stellen, ende staende te houden. Maer binnen weynige dagen na hun komste tot Londen, oordeelende dat den Commissaris-Generael Ireton, nu onlanghs overleden (die doen ’t asse was op welcke alle des Armees saken op steunden) met andere van de Hoog’ Officieren van d’Armee, mercklijck deeclineerde van’t geen sy ons belooft hadden, na te komen, deed ick, voor mijn part, protesteerde tegens hun in hun aengesicht; en in getrou wigheyt tot die gene die my gesonden hadden, deede hun in seecker publijcke by-een-komste tot dien eynde vergadert, een pertinent verhael van alles wat tusschen die vande Armee, ende ons hun Commissarissen, was ghepasseert. VVaer over vele van hun seer onvernoeght zijnde, quamen ettelijcke vande voornaemste sich tot my vervoegen, stelden op ’t pampier ende onderteeckende een ernstigh geschrift, ende gaven het over aenden Generael Fairefax op den 28 December 1648, weleken sy datelijck drucken lieten, met hun namen daer by. Omtrent s’ daeghs daer aen, deed ick een reyse naer ’t Noorden in ’t landt mijner geboorte, wel 200 mijlen weeghs van Londen. Ende van daer weder ’t huys comende tot Londen (’t welck was, doen nu de Coninck al voor’t Gericht gestelt ende ge-executeert was) discourerende met mijne vrienden die hun Vryigheden als hun hostelijckste kleynodie estimeerden; bevonden wy, naer ons verstant, de gelegenheyt der sake, ten opsicht van onse Vryigheden (daer wy voor namentlijck omgevochten hebben) in een seer gevaerlijcke, droevighe, ende beklaeghlijcke conditie. VVaer op ick, daer toe verkooren door mijn gemelde vrienden, op den 26 Februarij 1648 aen’t Parlement een wytloopigh vertoogh van dese onse droevige bekommernisse presenteerde, daer een groot getal haerder Namen onder by gevoeght was: welck vertoogh daer na in druck bevordert, ende Engelands Nieuvve Boeyen ontdeckt, geheeten wirdt.

Maer geen redres altoos daer by vindende, waren gereet en samelden op onder teekeningen tot een tweede Deel, vol merchs ende krachts: maer, eer wy’t aen’t Parlement kosten presenteeren; sy daer kennisse van hebbende, verklaerden het door een Acte des Parlements, op den seven-en-twintighsten Marty 1649, voor Verraet: ende drie van mijne vrienden wirden uyt hun bedden gelicht, namelick Mr. VVilliam VVallwin, Mr. Thomas Prince ende Mr. Richard Overton. Ende ick selfs oock wirdt des morgens te vier uyren uyt mijn bedt van mija vrouw ende kinderen wech gehaeldt met boven de hondert gewapende mannen soo te paert als te voet, ende op een schandelijcke maniere over de straeten van Londen gevancklijck wech gevoert, alhoewel ick ’s daeghs te vooren, ende noch ettelijcke dagen voor henen, voor de deure des Parlements opgewacht had om mijn gescheften halve, als kennelijck genoech was aen de voornaemste auteuren defer voorschreven Acte, (daer mijn Heer de Generael Cromvvel, wel de principaelste van was) maer wilden dat mijne gevangen-nemigne op soo een vyandtlijck maniere toeginck, ende dat uyt bedachten raet ende op set, om also de gemoederen des yolcks te verbysteren, en neder te werpen ende verschricken, op dat niemant meer soo veel durve, als kicken alleen van eenigh ootmoedigh petitie ofte supplicatie voor hun vryheden. Ende gebrocht zijnde voor den Raedt van Staten, den welcke mijn saecke door ’t Parlement opgedragen was, naer een wijtloopigh ende resolute expostulatie der sake met hun (namaels gedruckt in Engelant, en geheeten het afbeeltsel vanden Raet van Staten) sonden sy my gevancklijck met mijn drie Cameraden naer den Tour van Londen, als wegens verraenende weynich naer mijn gevangen-neminge, gingh Sir Arthur Haselridg ende sloegh de handen aen alle mijne goederen inde Noorder Quartieren, overal daer hy maer aen kost komen, ende dat na sijn eygen wille ende welbehagen, sonder behoorlicke Rechts procedure ofte eenigh gebodt van ’t Parlt: sulcks te doen. Ick ondertusschen lach in een dichte gevanckenis, alwaer my in’t eerste niet so veel vergunt en wirdt mijn wijf ofte kinderen te mogen sien, ende virdt my van al mijn goet niet een penningh toegeleght om broot te koopen, tot dat ick ged wongen wirt met meenigh bitter verwijt van die barbarische wreetheyt aen my gepleegt ende meenigh anxstige geschreeuw uytte voerenidaer mijne tegenparty in’t Parlement hun advantagie van nemend, (zijnde meest de geinteresseerde vrienden, ende creaturen vanden Heer Generael Cromwel) te wegen brachten dat ick op den vijf-en-twintigh ende sesen twintigsten October 1649. Op een extraordinarische wijse, op ’t Stadt Huys ofte Gerichts-Camer van Londen, gedaghvaert ende gestelt wordt voor ettelijcke veertigh Richters, als een verrader, die voor soude gehadt hebben hun wetten te breecken, die eerst ettelijcke maende na ick eerst gevangen wiert geset, gemaeckt waren, ende en leyden my niet cens te lasle ’t stuck daer ick eerst om gevanghen geleydt wierdt, maer allen dingen die ick soude voorgehadt hebben te doen, ende dat naer so vele ondraeghlijcke provocatien ende lasten my opgeleght, dat het voor menschelicke crachten uyt te staen by na onmogelick zy: Echter door de goetheyt ende goedertierenheydt Gods, de getrouwe hulper alleronnosele ende gerechtige in hun angst ende noot, naer een dispuyt van bykans twee gantsche dagen tusschen my selve ter eeuer ende de Richters, d’Advocaet Generael ende andere Advocaten mijner Tegen-partyders ter andere zeyde, ende naer dat sy my asgeslagen hadden alle die wettelicke vryheden ende privilegien, die by de verklaerde wetten van Engelandt mijn ongetwijffelde Geboorts-recht waren ende zijn, ende welcken sy noyt selfs aenden grootsten Verrader ofte Aerts-Yrsche Rebel die oyt in Engelandt voor Recht is gebracht geworden, sedert den eersten dagh der sittinge deses Parlements, welcke op den 3 November 1640 aenvingh, wiertick op een heerlick wijse, door de verklaringe van een Iury van 12 be-eedighde Londenaers, mijne Pares ende mijns gelijcke (sulcks vereyschende de wetten, datick door soodanigh getal van wettelijcke ende goede mannen uyt mijn nabuerschap, geexamineert worde) die sy selfs verkooren hadden, vry gesprocken, ende dat met so grooten gejuch ende vreughden-geschrey van ’tvolck (alhotwel daer vele ende stercke wachten soo van ruyteren als voet-volck, op de binnenplaets van’t Stadt-huys, ende voorts inde straten ende steegjes rondtom de gemelde plaets des Examens ghestelt waren, om’t volck in ontsach te houden) datick geloove in ettelijcke hondert jaren diergelijcke nooyt sy gehoort gheweest, welck vreught ende blijdtschap der ghemeente, noch verder betuyght ende uytghedruckt wirdt, door de vele vreughde-vuyren die men op alle de straten van Londen, stracks daer op sach opgaen. Waer door de wroegende Conscientien van mijne gecorrumpeerde Richters, (die genoechsaem door ’t gantsche beleyt der sake teghens my, blijcken deden, dat sy geresolveert waren, het gae recht of krom, my soo het moogelijck ware, het leven te benem) soo verschrickt, verbaest ende verslaghen waren, dat sy tot hun verseeckeringe een Guarde van Ruytery ende voct-volck mosten nemen, om sich naer huys te doen geleyden. ’t Verhael van welcke Examen ofte Gerichtspleyte sedert in Engelandt in twee Declen gedrucktis, beloopen ongeveer 13 boogen Pampiers.

Dus, door die wonderbare schiekinge Godts, ende buyten verwachtinge van alle mijne vrienden ende bekenden, wirdt my mijn leven als een buyt gegeven; waer op dan mijn verlossinge uyt de ghevanckenisse is gevolght. Daer nae de Generael Cromvvell uyt Yrland komende, leverde voor my mijn Petitie aen het Parlement om my noch boven de seftien-hondert pondt sterlinghs re doen ontfangen, zijnde het restandt van die wettelijck satisfactie my voor desen toegeleght wegens het Barbarisch ende crueel hjden my door den Bischoppen ende den Sterr-Camer aengedaen. Ende nae de middagh des selven daeghs, stelde hy order by sijn speciaelste vrienden inden Raedt van Staten, dat mijn saecke in sijn absentie ten eynde gebracht mocht worden, alsoo hy selfs des anderen daeghs naer Schotlandt soude trecken: welcke sijne voor-sorghe voor my verstaende, door een seecker Colonel tot my ghesonden (als hy seyde) van een vande voornaemste vanden Raet van Staten, en mijn seer minnelijcke Vrient, die op my liet versoecken dat tot Danckbaetheydt, Respect en Compliment, ick doch den Generael opwachten wilde ende eenige mijlen weegs op sijn reyse naer Schotland uytgeley doen. ’t welck ick oock met allen mogelijcken maniere van respect (tot extraordinary advantage van hem en sijn saken in die tijdt) deed’, hebbende by my eenige van mijne Cameraden, van welcken eene, een Man was, ende noch is, van so goede qualiteyten en estime als yemant in Engelandt: Ende tot Tomam-high-crosse, ongevaer vijf mijlen weegs van Londen, stont de Gen op uye sijn Caros, ende begroette ons met grooten blijckevan respectt en compliment. ende gekomen zijnde tot Ware, 20 mijlen van Londen, deed hy ons ten avondtmael by hem noodigen; daer wy oock gingen, en acten aen sijn eyge Tafel. En s’ander daegs hielen hem noch 5 mijlen verder geselschap, ende doen ick mijn asscheyt van hem nam, omhelsden hy my in sijne armen in het aensien van sijn gantsche train, met de solemneelste protestatien die oyt mensch soude doen konnen; indien hem Godt seghende ende hy oyt in vrede ende ghesontheydt weder in Engeland quame, dat hy alsdan al sijn Macht ende Interest die hy inde VVerelt hadde, soude aenleggen, om Engelandt de rechte vruchten te doen genieten van allen des Armees beloften in hun Declaratien ghedaen (waer van de voornacmste is een successif Parlement door het volck in gelijckheydt verkooren, ghelijck in verscheyde van hun eygen Declaratien sy sulcks hebben voorgegeven) ende ’t Volck van Engelandt d’absoluyt vryste Natie te maken op aerde, niet in woorden maer inder daet. Ende nae dat hy my genoch omhelst, ende gelief-koost had, omhelsden ende lief-koosden hy mijne Cameraden, ende verklaerde ’t selfde oock aen hun.

Van dien tijdt af, zijnde nu moede van dit op ende neertuymelen ende sollen inde werelt, ende door des Generaels hooge beloften welcke ick oordeelde reeel, ghetrouw ende conscientieux te zijn, den selve afmetende by de oprechtigheyt van mijn eygen herte (d’welck altoos de geveynstheyt vyandt geweest is) eenighsins een vertrouwen gevat hebbende, datter geen worstelinge meer van noode soude zijn, tot handhavinge van onse Vryheden; wanncer maer de lieve Godt hem met victory en conquesten in sijn tegen woordigh voothebben soude segenen. En daer beneffens, zijnde veel gebeden stil te sitten door mijn getrouw ende dierbaer Huys-vrouw, dewelck onverdroten veel moeytens ende arbeydts gehadt hebbende, selfs dickmaels tot levens gevaer toe, om mijn verlossinge ende præservatie wille, geduerende al den tijdt mijner voorige troubelen, nu in dese mijne laetsle examen, was, door ondraeghlijcke herts-seer ende bekommernisse voor mijn leven, welcken sy door hare vele vruchteloose Reysen, Petitien ende sollicitatien aen ’t Parlement ende de Leden van dien gedaen, niet anders oordeelen kost als absolutelijck verlooren, weynich min dan volkoment lijck van haer sinnen verdruckt; soo begaf ick my teenemael tot waerneminghe ende bestieringe van mijne eygen privaet-saecken, ende en moeyde my noch in het openbaer noch in het heymelijck, niet meer met den Generael ofte ’t Parlement op geenderley wijse, tot oprichtinghe van des volcks langh beloofde ende verwachte Vryigheden, dat hun in het minste eenigh grondt van suspitie mocht geven, my nae te gheven ofte heymelijck op te legghen dat ick yets voorhadt dat daer strecken mocht tot ondermineringe van hun authoriteydt, verstooringe van hun vrede, ofte in het geringhste hun ofte eenigh van beyde eenigh affront op te leggen: maer was hun soo onderdaen ende eerbiedigh, nae mijn uytterste verstandt, als oock oyt yemanden inde wereldt, geweest ben; ende alsoo sorghvuldigh oprechtelijck ende behoorlijck te wandelen voor hun, als ick oyt van eenigh dingh in mijn leven geweest ben; ende selfs tot misnoegen van eenighe van mijne ghetrouwe Vrienden, schude ick my in eenigerley vergaderinghe te komen, waer uyt sy de minste occasie mochten nemen, over my jalours te worden. Ende lijckewel hebben sy my onlanghs een straffe van seven duysendt pondt sterlinghs opgeleght ende voor eeuwigh uyt mijn vaderlandt ghebanneri, op pene des Doodts, soo ick oyt wederom quame. Ende lijckewel in hun slemminge vanden vijf-tienden Ianuarij, ende hun Acte des Parlemens van den dartighsten Ianuarij sestien-hondert en twee-en-vijftigh ouden stijl, daer mede sy my gebannen hebben, en wordt my niet meer eenich breuck van hun wetten te laste geleght, als ick soude doen konnen aen een kindt in ’s moeders lichaem; niet teghenstaende Engelandt een Natie zy, die eenige Eeuwen herwaerdts verbonden is gheweest aen, ende bestiert door, een beschreven, bekende ende verklaerde VVet, welckers verkrenckinghe de eenighe voorghewende grondt-oorsacck is van s’ Parlements contestatie, ghevecht ende procedure teghens den overledenen Coninck Carolus, ende dat soo verre, dat sy dacrom hem sijn leven hebben benomen.

Ende in vele van hun Declaratien, in ’t openbaer aen ’t volck van Engelandt uyt gegeven, hebben sy solemnelicken voor Godt ende de werelt verklaert, dat sy de wetten mainteneeren ende daer na regeren wilden, ende niet naer hun goetduncken en arbitrary wil; hun selven een vloecke toewenschende, wanneer sy dese hun belofte souden komen te breecken. Ende hebben hy dese hun authoriteyt verklaert, dat het selve de wet is, dat een onderscheyt macekt tusschen goet ende quaet, tusschen recht ende onrecht: soo ghy de wet wechneemt, soo moeten alle dingen in confusie vervallen; een yegelijck sal hem selfs een wet willen wesen, ’t welck in dese verdorvene conditie des menschlijcken Natuers noodtwendigh vele groote ongeregeltheden moet baeren. Lust sal een wet worden, ende Nijdigheydt fal voor een wet verstrecken, Gierigheydt ende Eersucht sullen tot wetten worden, ende wat uyt-werckingen ende Decisien soodanighe wetten sullen voort-brengen, kan men licht gedencken. Als oock, dat de wet de sauvegarde ende de bewaringhe is van allen private Intersten. Vwe Eer, uwe leven, uwe vryigheden ende goederen, liggen alle inde bewaringe vande wet; dit wech genomen, soo heeft een yeder gelijcke Recht tot alle dingh.

Iae oock, alhoewel in hun beschuldiginge, dien sy den 20 Ianuarij 1648 tegens den Koninck deden, ende daer op sy hem om’t leven hebben gebracht, sy hem te last leggen, als dat hy soude getracht hebben in hem selven op te richten ende staende te houden, een ongelimiteerde ende Tyrannische macht, om naer sijn wille te regeeren en also de gerechtigheden ende vryheden des volcks om verre te stooten; ende dat nae den doodt des Conincks om sich in d’affectie des volcks t’insinueeren, sy wel uytdrucklijcken in hun Declaratie van den negenden Februarius 1648 verklaert hadden, dat sy ten volle geresolvecrt waren de fundamentale wetten deser Natie, nopende ende rakende de preservatie van het leven, Eygendom ende Vryigheden des volcks, met alles wat daer aen dependeerde, volkomentlijck t’ onderliouden ende te mainreneeren. Ende in hun Declaratie korts daer aen, gedateert den-seven-tienden Martij sestien-hondert acht-en-veertigh doen sy noch eens het selfde, ende particularizeeren noch verder inde sake, noemende de Petitie van Rechte dien overtreffelijcke wet (gelijck het oock inder daet is, wesende d’uytnemenste ende kostelijckste juweel die d’Engelsche hebben ten opsicht van hun wettelijcke Rechten ende Privilegien, ende wel eer onser voor vaderen bekende Erf-recht voor het Conquest van VVilliam, Hertogh van Normandye,) als inde jonghst verhaelde Declaratie pagina drie-en-twintigh sy verklaren.

En daer en boven, aijn dit twee van de ongetwijffelde Privilegien van ’t volck van Engelandt, ende twee van de gewiste grond-wetten; Voor eerst, dat hun misdaden alleen mogen gestraft worden door de regulen van hun wet in esse, gedruckt ende publijckelijck verklaert eer den daet begaen war.

Ten anderen, Dat hun straffe alleen gedecreteert mach werden ende op hun geexecuteert door de ghesworene en verklaerde Executeurs der VVetten, tot dien eyndt inde Hoven van Iustitie, bestelt, ende die alleen te wandelen en te handelen hebben, nae de regulen hun vande wetten voorgesohreven ende niet ten geringste van d’ongeswoorne Arbitrary Wet-makers, ’t Parlement; ’t welck nae de verclaerde Wetten van Engelandt, het alderminste niet vermach sich te moeyen met eenigh straffe te leggen, oock op geringste ende naer aensien de slechtste endeverachtste Engels-man, dewelcke buyten de roede van hun Deuren is: Oock en vermogen sy niet wettelijck of reden-matelijck een Nieu Hof van Iusticie op te richten ofte in te stellen, eenige Richters altoos te bestellen, met voornemen een, twee ofdrie particuliere Persoonen, ofte meer t’examineren voor ’t Gericht: overmits sulcks regens ’t gemeen gevoelen, billickheydt ende de gesupponeerde regulen van hun toevertrouwde plicht is strydende, alle Engelsche zijnde al gelijckelijck een Vry-gebooren volck, hun vryigheden zijnde hun alle gelijckelijck bescheert, den eene als den andere, ende derhalven bestaat het in gemeen gevoelen, billickheyt ende gerechtigheyt, dat een, twee oft drie particuliere persoonen nier en hooren soo met een yseren Iock beswaert te worden, daer de algemeene hoop alleen met een houte Iock belastwordt.

Ende conform desealdergerechtigste gronden der Wetten van Engelandt speurtmen te wesen de alderloflijckste ende gerechtigste handelingen Godts, den Oppersten Heer van Hemel ende Aerde, dewelcke een afschuw heeft sijne Ondersaten (of’t werck sijner handen) der Menschen Kinderen, te straffen, voor en aleer hy hun een Wet gegeven hadde, ende die verclaert tot hun regel ende richtsnoer, om daer nae te wandelen; En daerom Genes. 2. Aen’t 17 ende 18 vers. Seght Godt tot Adam in ’t Paradijs: Vanallen Boom deses Hofs sult ghy vryelick eten: maer van den Boom der kennisse des goets ende des quaets, daer van en sult ghy niet eten: want ten dage, als ghy daer van ect, sult ghy den doorsterven. Ende d’Apostel Paulus, sprekende door den Geest Godts, seght Rom. 4. 15. Daer geen Wet enis, daer enis geen Overtredinge. Ende d’Apostel Iohannes, Sonde is een overtredinge des Wets. 1 Ioh. 3. 4.

Ten anderen, Gelijck Godt den Mensche een Wet gaf eer hy hem strafte, soo oock, doen nu de Menschen vermeenigvuldigden gaf hy aen allen een Wet in ’t Generael Gen. 9. Wie ’s menschen bloet-vergiet, diens bloet sal door den Mensch vergooten worden; want nae den beelde Gods schiep hy den Mensch &c. Insgelijcken oock, doen hy nu aen ’t volck Israëls, als een volck aen welcken hy een bysonder wel-gevallen had, een Wet geven soude, en gaf hy ’t hun niet alleen in clare woorden, sonder dubbel-sinnigheyt, cort ende in hun eygen tael, daer toe sy versocht wierden hun consent te geven, gelijck sy oock deden; Maer hy verclaerden oock het hun in ’t algemeen gegeven te hebben, aen allen soo Mans als Vrouws-persoonen, Armen ende Rijcken, sonder jemandt uyt te sonderen. ’t Welck alles blijckelijck, klaer ende openbaer is Exod. 20. ende C. 24. ende C. 31. ende 34. ende Deut. Cap. 5. C. 6. 9. ende Cap. 11. Als oock Cap. 27. ende 30. ende 31.

Maer dat de Heer Generael Cromvvel, met wien ick soo schoonen correspondentie hadde, gelijck ick my in beelde dat ick had, ende die, ongevaer voor 3 Maanden, in sijn Gallery, ter occasie van een ernstige en lange discours tusschen hem en my (niemand doen ter tijd daer by zijnde dan wy twee) my soo folemneeliken verclaert had, dat hy de gedachtenisse van alles wat tusschen hem ende my gepassecrt was, nu in ’t grafder vergetenheyt had begraven, ende my verseeckert, dat in alle rechtmatige occasien; daer ick sijner in van doen soude mogen hebben, ick hem willich ende bereyt soude vinden my allen vriendschap te bewijsen; Dat hy, seghick, sulcken yver soude gehadt hebben, dat dese voorgemelde ongerechtige Sentencie over my sijn ganck hebbe; is my een saecke van groote verwondering ende verbaestheyt. Ende dat sulcks waer zy, dat de Heer Gen: Cromvvel, met yver gedreven hebbe, dat de voorsz Sententie van 7000 pont straf ende eeuwich bannissement, over my gaen ende tegens my geexecuteert soude werden, Dat te gelooven daer heb ick dese gronden toe.

1. Om dat eener van sijn familiare kennisse, binnen weenich dagen nae dat de Sententie over my gepasseert was, my rot West-Munster gesegt heeft, dat ettelijck dagen eer het in ’t Huys des Parlements passeerde, de Generael alrede mijn Sententie in sijn evgen Camer, in een vergaderinge van 7 ofte 8 Parlements luyden, had beslooten.

2. Maer ten anderen, ende voornamentlijck, om dat, op het overleveren van een wijtloopigh Petitie, (waer van ghy op ’t Eyndt deses een Copye sult vinden) mynent halve den 20 Ianuar. aen’t Parl. gedaen, door vele van mijne vrienden ondertekent ende gepresenteert, zijnde den dach selfs datick voor ’t Parl. geroepen soude worden om mijn Sententie te hooren lesen, My van een Parlements-Man gesegt wierdt, dat 2 ofte 3 dagen daer nae, gelijck hem docht, daer eenige waggelinge was in de Gemoederen van ettelijcke die sich eerst seer yverigh betoont hadden tot mijn Sententie: Welcken te animeeren ende een hert tot volherdinge in te spreken, de Generael van een ander sake dat met mijn sake geen gemeenschap had, sprekende, bracht opentlijck in ’t Parlements Huys een Parenthesis by hooft ende schouderenin, ende sijne handen op sijn borst slanende, uytterden hy hem selven in dese woorden, ofte tot desen effect. M. Spreecker, op mijn Conscientie, de Sententie deses Huys, welcken ghy onlaughs tegens den Lieut. Col. Iohn Lilburn hebt gepalseert, is soo billick ende gerechtigh als oyt eenigh Sententie by desen Huyse gepasseert. Ick segge, ick moet my seer om-soecken om cenigh reden te geven, waerom de Generael soo vverigh soude zijn, dat dese ongerechtige ende onwettelijcke Sentencie over my geexecuteert wierde, alsoo het nauwelijcks t’imagineren staer, dat een Persoon van sulcken eere ende conscientie als hy hem-selven uyt-geeft, endevan sommige gelooft wordt te zijn, soo lange een wrock in sijn herte soude dragen, ende dat nae verscheyde sulcke ernstige, formele ende alles-sints waer-schijnende versoeningen. Ende noch te meer verwondere ick my, dat sulcks in sijn borst soo gloyen soude, dat hy de patientie niet kond hebben, op eenich schicklijck ofte ten minste gerecht-schijnende occasie om sulcks tegens my uyt te wercken, te wachten, maer dat hy sulcken occasie dit over my t’executeren most verkiesen, daerick van verseeckert ben, dat hem niet soo veel als in ’t minsten eenigh pretentie van Provocatie van mijnent wegen gegevenzy, in geenderley maniere altoos. Gewis, daer moet iet anders by hem in ’t broeyen zijn, daer hy sich van inbeelt, dat hem van my eenich oppositie in mocht weder-varen, wanneer ick in Engelandt bleve, als het selve aen den dach quame. Ende doen my onlancks door eenige verstandige Mannen, Officieren in sijn eygen Armee, geseght wierdt, dat ettelijcke van sijn nieuwe flick-vloyers hun werck maeckten, van hun Meester Interest in d’Armee te re-commanderen, ende de luyden op-maeckren, om den Gen: Cromvvel tot Coninck in Engelandt te verclaeren, kond’ick swaerlick sulcks geloof geven voor die tijdt: Maer sedert, considererende de Princelijcke Statie daer sijn Huys onlancks toe-geresen is, ende de Konincklijcke Staet daer sijn Schoon-soon Ireton in Somersets Huys in lach, ende daer nae oock hoe hy is begraven geworden (welcke begraffenisse ick verstaen hebbe van cen Parlements Man, dat wel 50000 pont steerlings soude gekost hebben) ende andere omstandigheden meer, Nu en waggele ick niet meer in mijn geloof, dat sulcks gaende geweest zy, ende als noch tegenwoordigh by hem gaende zy, ende en wete geen waerschijnlicker rede te geven, waerom hy mijn bannissement hebbe geert, dan de vreese van mijn oppositie even tot die sake die hy voor heest.

Maer nugebannen zijnde uyt mijn Vaderlandt, hebbe ick uyt alle plaetsen op de gantsche aerdtbodem, niet konnen bedencken waer my-selven mer meer seeckerheyts ende gerustheyts des gemoets tevertrecken, in een conditie daer soo veel onheyls tegens my in aenslach is; dan dese vereenigde Provintien, het gemeen vertreck ende toevlucht van asgemende, door groot onweer geslagene, ende gebande luyden: dat zijnde een landt (tot uwer eere ende lof moet ick het nootwendigh seggen) van de grootste vryigheyt daer ick oyr van gelesen, ofte gehoort hebbe op het gantsche aertrijck. Ende onder andere Steden derselve hebben Amsterdam verkooren, wegens de Vryegheyt meer berucht, ende daer door florerende, dan al derest.

Ende sedert mijn aencomste in dese partyen, zijn my eenige dingen bejegenr, welcke my, mijns oordeels, absolute nootsaeckelickheydt op-leggen, cen Appologie te maken, ende aldus in mijn sake open teleggen. Het &illegible; was; doen ick tot Middelburg was, alwaer een van de Magistraet een van mijne vrienden na my vragende; Dese seyde, Ick onlancks van ’t Parl. gebannen was: Iae, sprack de Heer, ’t mach een schoon pretext wesen van ’t Parlement op desen tijdr een Man van herssenen over te senden, om ous doen alhier te bespien, ende daer door min vermerckt re-worden van haer eenige Intelligencie te geven.

(2) Sedert ick t’Amsterdam gecomen ben, t’Huys liggende in een Engelsche Herberg, de eerste nacht dat ick quam; is my sedert aengeseght, dat ’s ander-daeghs daer 2 ofte 3 Engelsche Ionckers in Huys quamen, geestimeert van ’s Conincks party, die ernstig nae my vraegden, overluyt roepende ende seggende: Waer is die Schelm en Verrader Lilburne, ende veel andere onnutte woorden meer tegens my uytterende.

(3) Ende ten derden; van eenige daer ick goede oorsaeck toe hebben te gelooven dat my wel toe-gedaen waren, is my bericht, dat eenige van de Ingeboorene ende Inwoonders deser plaetse, seer verrachtelijcken van my gesproocken hadden, als van een gerbige, inoode ende onwaerdige gesel, als of ick een Schelm ware, ende dieshalven oock gegeesselt waer geweest.

Dit alles ernstlijck overleggende, in order tot mijn eygen behoudenisse, hebbe my verplicht gevouden, dese Apology te maken, ende alhier, ten opsicht van dit derde stuck, dit noch daer by te voegen: Dat het niet en is de strasse, dar eener leyt, dat hem snood ende onwaerdigh maeckt, maer ’t quaede ofte de Godloos heyt dat de oorsaek is van destraffe die hy leyt: want de gantsche stroom van ’t Boeck der Waerheydt brenght mede, dat d’alder-deuchtsaemste ende uyt-gelesenste Mannen, (als Ioseph, Moses, David, Ioremias, Daniel ende sijn 3 Met-gesellen, Paulus ende d’Heere selfs, etrelijcke van d’Apostelen, ende in summa, die gantsche Wolcke der Martelaren in ’t 11 tot den Hebr. gedacht) de swaertste straffe hebben uyt-gestaen, niet om eenich quaet ofte Godloos heyts wille, maer wegens hun Deugden, oprechtigheydt ende vromigheyt. Of nu mijn geesselinge op dese reeckening moge gestelt worden, jae of neen, daer toe present eere ick u hier een cort-verhael van de maniere ende occasie der selve, als cock andere mijne suckelingen daer aen dependerende, gelijck het selve in ’t Iaer 1645. in open druck in Engelandt is uyt-gegeven ende gepubliceert geweest: ’t Welck ick u bidde sonder voor-oordeel, ernstlijck te lesen, ende alsdan te oorde elen: ende volght aldus;

Liest. Colonell I. Lilburne his Apologeticall Narration, in reference to his late illegall and unjust Banishment; directed to the people of the united Provinces.



Gentelmen.

GOd the absolute soveraigne Lord of all mankind, who governs and rules the Heavens and the Earth and disposeth of all things therein at his beck and pleasure and for the manifestation of his owne glory & praise, for which all the workemanship of his hand was created, whose various dealeings with the &illegible; of men and the certaine and particular grounds and reasons thereof are past finding out by us, raiseing up some and abaseing others according to his owne good will & pleasure; is in all his wayes and dealings with man, faithfull and true, yea most just and righteous, and happy is he amongst men, in the various dispensations of God, in the ebbings and flowings thereof, that is able truly, sincerely and heartily so to say; for in so doeing, there is peace & tranquillitie of mind; in the enjoyment whereof; the poore creature is at rest and content. The possession of which is more excellent then aboundance of riches, and rather to be chosen then much fine gold.

I the penman hereof, have aboundantly tasted of Gods tossing and tumbling dealings with me in this World, which to me as a mere man hath bin nothing but a vale of teares, yea a pilgrimage, full of sorrowes and afflictions to my earthly house of clay. For in my tender yeares, when I was about twentie yeares old, in the yeare 1637, by the Bishops, I was forced to flie out of England into these parts for shelter, the usuall and most noble receptacle among all the parts of the earth of many a brave and gallant christian spirit. And at my goeing back into England, in the same yeare I was apprehended there and imprisoned by them; and after that I was imprisoned by the Lords of the Kings Counsell; after which I was imprisoned by the Iudges of the Star-chamber, by whom for about three yeares together, I suffered the execution of one of the most cruell sentences, that I thinke any of you in any Historie whatsoever, hath read to be inflicted upon a man that lived after the undergoing it. the narrative of which, as it was printed in England Anno 1645, I shall by and by communicate unto you. After all which, being released by the Parliament, in November 1640 (the present Generall Cromwell being the cheifest instrument thereof) I was againe imprisoned May third 1641, by the speciall command of the late King himselfe, and the next day after by his speciall order, was arraigned as a Traitor for my life, in an extraordinarie full house of Peeres at West-minster, where comeing of, with honour and credit, the warrs betwixt King and Parliament shortly after comeing on (be haveing by a speciall act of Parliament made them a perpetuall Parliament, to sit as long as they pleased, and thereby having formally given up to them that power which formerly by Law was invested in himselfe) I according to my understanding and duty in judgement and conscience, tooke up Armes as an officer and Captaine under the Parliament, for the vindication and establishment of the freedomes of our Nation, and war at Edge-hill battle October three and twentie 1642. where I did that which became a man of honour and reputation, &illegible; the Liberties of his Countrie above his life and blood. After that I was in that bloody shirmith at Brainford the twelfth of November following, where like a man of Principles, that choosed rather to die upon the place, then to betray his engagements and undertakeings, I was one of those 700 that gave a soldier like opposition to the Kings whole Armie for many houres together, and consequently saved his then takeing of London, at which &illegible; being encompassed by the Kings Army, I my selve being taken prisoner, was led captive to Oxford, where after many courtings from the King by severall great Lords yet alive in England, to alter my principles and leave the Parliaments cause I had engaged in; upon the refusal whereof, I was laid in Irons and in them before the Lord chiefe justice Heath as a traitor arraigned for my Life the second time. After which and allmost a yeares most cruell captivity there. I was honourably exchanged by the Parliaments Generall the Earle of Essex, for a special darling of the Kings, Sir Iohn Smith Knighe Banneret, who was so knighted in the feild by the King, for regaining his standard when lost at Edge-hill battle.

And being at liberty comeing home to London, finding in my apprehension some Kind of persecution in the Earle of Essex his Army, about principles of Religion, unto which the temper of my spirit was very much averse, being in my self a great lover of freedome and liberty, especially Christian Liberty, in which by the Apostle of our supreme Lord and Soveraigne, we are enjoyned to stand fast; as the most transendent and excellencest thing in the world, that a man of virtue and of an ennobled mind can take delight in, nay as a thing of that worth in it selfe simply considered, that the enjoyment of all the earthly delights in the world without it are not worth the regarding or delighting in: I say out of the consideration I left the Earle of Essex and his Army, and all those high obligations that he had put upon me (not only in my exchange but also in furnishing me with almost 300 pound in ready mony and proffering me what command under him I had a mind unto) and I went unto Lieut. Generall Cromwell in Lincolnshire, who I knew seemed to have a spirit for freedome at that time very suitable to mine owne. And there I found him under the command of the Earle of Manchester, under whose command, first as Major in Colonel Kings Regiment, secondly as Lieut. Colonel to the Earle of Manchester his owne Regiment of Dragoones, I served for divers moneths with heartynes, zeale and mettle, till after Marston-Moore-Battle, I was sent with part of my regiment to quarter in Tickle-towne in yorkeshire, with orders to keepe the Enemie in the Castle there, from comeing out to heat up any of the Quarters of our Armie. In stead of the doeing whereof, I drained the Castle-moat, and tooke in the Castle it selfe, without the loss of the blood or life of any of my men. For which my Generall the Earle of Manchester, because I wanted the formalitie of a full and positive commission to doe what I did, would needs hang me, which so discouraged me from continuing to be a soldier, as that from that day, to this houre, it totally spoiled a soldier of me, to fight any more in the Parliaments quarrell. Whereupon, a little while after, in the yeare 1644 I laid downe my Commission, and have continued ever since out of Armes unto this day. But the Earle of Manchester for divers other high Miscarriages, being brought upon the Stage and questioned in Parliament by Lieutenant Generall Cromwell, my then most intimate and familiar bosome frind. Hee very much pressed me and prevailed with me, to put my helping hand to his in prosecuteing against the said Earle of Manchester, which with some Zeale I accordingly die, apprehending him upon very good grounds, to be a Traitor to his trust, which begot me no small indignation from all the Earles interest or freinds, which were then very potent in both houses of Parliament and in the city of London. Whereupon, I was in May 1645 by a Committee of the house of Commons caught by the back, and getting free of that trouble on the 19 of Iuly after by a vote of the House of Commons, (I could never tell certainly what for unto this very day) I was voted a prisoner by them into their sergeans at armes custodie, who after that he had used me very roughly, committed me to one of his deputies, called M. Knight. Where being not a little troubled at my causeles imprisonment, I put pen to paper and complained thereof. Which occasioned a Committee of the House of Commons by their order of the 9 of Aug. 1645 to send me to New-Gate, the usuall prison for theives and murderes & such infamous & debauched malefactors Which Committment the House it selfe by speciall vote August 11 1645 approved of. And afterwards, the said House of Commons, made a speciall order dated August 26 1645 to try and dispatch me for my life, at the Sessions there. But struggleing with my tongue and pen very hard, printing my condition in severall bookes, they paid me an hundred pound of moneyes which they owed me and by their order of the fourteenth of October, they honour ably discharged me from that imprisonment, as a just and innocent man, without any tryall at all. After which, I was without ground or cause, upon the fourteenth of April 1646 arrested by one of the Earle of Manchesters Champions, in an action of 2000 pound, for pretended words. Whereupon, I was forced for my defence to fly to my pen againe, and to write and print a Booke by way of Plea, called the Iust-mans Iustification. Some passages in which, touching a little upon the Earle of Manchesters reputation, be being then Speaker of the house of Peers, got me by their order dated the 10 of Iune 1646 summoned up to the Lords barr, about that booke at whose bar, under my hand and seale, I delivered a protestation, against their assumeing a jurisdiction over Commoners, which I there maintained to be against the 29 chapter of Magna-Charta & the Petition of Right, two of the most principal, knowne, & eminentest Lawes of England, and the absolutest legal safeguards of the Liberties of the People there; and which doe positively and expresly declare, that the Commons of England, shall be tried by none whatsoever, but their equalls. For the delivery of which Protestation, they the same day committed me to New-gate-prison, where the 16 of Iune 1646, I appealed against them to the house of Commons, as destroyers of the Liberties of the Commons of England, and in print intitled it the Freemans freedome vindicated. But the Lords being very angry therefore, by another order of theirs dated the 22 of Iune 1646, forced me againe up to their bar, where I to the height persevered, according to the declared Lawes of England, in a stif deniall of their jurisdiction over me. For which they sentenced me to pay 4000 pound to the King, for ever to be uncapable to beare any office in Church or Common-wealth, either martial or civil, & to lye seven years a prisoner in the Tower of London, unto which place accordingly I was committed, where I remained till about the latter end of the yeare 1648. during which Imprisonment, the Lords haveing for 16 or 17 weekes divorced me from the society of my VVife, and other waies used me most barbarously, which did not a little trouble me, and made me the more eagerly pursue my Study, and print severall treatises against the Lords illegal dealeing with me. In which time it fell so out, that by the Rebellion or Contestation of the Army against the Parliament, which was about May 1647, Leiutenant Generall Cromwell grew to have power enough in his hands, at his pleasuer to redeeme me out of my illegal and unjust captivity; which was originally occasioned, by his importunate ingageing me in his quarrell against the said Earle of Manchester. But he, to my understanding, shakeing hands with the said Earle (who then was serviceable enough to his ends) (rather complied with him to keepe me in prison, unless I would acknowledge the Lords jurisdiction over me, then any way in the least to improve his interest for my freedome. VVhich dealing of his with me, I looked upon (to speake as civilly as I can) as a most abominable and detestable peice of unhandsomnes and unworthynes; and with my pen fell point blanck upon him therefore, and printed severall high discourses against him, which beget the first quarrell between him and me. But being that yeare, vix. 1648 (by a petition to the house of Commons, signed by many thousands of my frinds in London, that intirely loved me, for standing for their English freedomes and native rights,) freed by an ordnance of both houses of Parliament from my said unjust imprisonment, by the house of Lords and every part of their forementioned sentence.

Afterwards, the difference betweene Lieutenant Generall Cromwell and my selfe, seemed very fully to be composed. And after the warrs (occasioned in England, by Duke Hamiltons invasion &c.) were over, the Armie besides many former declarations, published a large Remonstrance, dated at Saint Albanes, the 16 of November 1648, about bringing the King to Iustice, and breaking or dissolveing the Parlament. At which my selfe and divers others of my acquaintance, being very fearfull, that they intended to pull up by the rootes all the civil power and Magistracy of the Nation, & for the future to governe us by their wills and swords, as a conquered people; we laid our heads together and sent four commissioners downe to them at Windsor, whereof my selfe was chosen one, the other three being Major Iohn Wildman, Mr. William Walwijn, and Mr. Maximilian Petty. Where, and in their journeying towards London, we had many large & gallant promises from them, for the speedy and immediate establishing of successine and bounded Parliaments, upon a firme and popular agreement, to be signed by the People of England Which was then by themselves printed & declared to be the only rational, just, & firme way to settle & establish the Liberties of England. But, within few daies after their comeing to London judgeing that Comissary Generall Ireton (Litely dead) (who what then the &illegible; upon which all the affaires of the Army turned) with others of the great officers of the Armie, had visibly declined, that which they engaged to us to performe; I for my part, made my protest to their faces against them, and in faithfullnes to those that sent me, gave them at a publique meeting, assembled for that end, an exact account of what had passed betwixt them of the Army, and us their commissioners, upon which, divers of them being much unsatisfied; severall of the cheifest of them, joyned with my selfe, and drew up and signed a serious Adress, and delivered is to Generall Fairfax, the 28 of December 1648; which they immediatly caused to be printed, with their names thereunto annexed, and about the next day after, I tooke my journey into the North, to mine owne Countrie, being 200 miles from London, and at my comeing home to London againe (which was after the King had bin tried and executed) upon discourse with my freinds, who valued their freedomes as their most choisest jewells; to our understandings, &illegible; found the State of things as in reference to our freedomes (for which principally we had bin fighting) in a very dangerous, sad, and deplorable condition. VVhereupon, being chosen by my said freinds; the 26 of February 1648, I presented at the bar of the Parliament, a large representation of their sad apprehensions, whereunto an abundance of their names were annexed: which afterwards we called in print, Englands new chaines discovered.

But finding no redress at all thereby; we had prepared and were getting subscriptions to a second part, full of mettle & gallantry, but, before we could present it to the Parliament, they haveing knowledge of it, voted it treasonable, upon which March 27, 1649, three of my freinds were fetched out of their beds vid: Mr. VVilliam VVallwin, Mr. Thomas Prince, and Mr. Richard Overton, and my selfe was fetched by four a clock in the morning out of my bed from my wife and children by above an hundred armed horse and foot, and in a most disgracefull manner carried captive through London streets: although I had waited the very day before and severall daies before that, at the Parliament doore about my occasions, as was very well knowne to the cheifest of those which procured the foresaid vote (my Lord Generall Cromwell being the principall) and caused my apprehension to be in such a hostile manner, VVhich was done on purpose to amuse, daunt and fright the spirits of the People, that they might not dare any more, so much as humbly petition or supplicate for their freedomes. And being brought before the Councel of State, unto whom the Busynes by Parliament was referred, after a large and a resolute expostulation of the Busynes with them (since printed and reprinted in England, and called the Picture of the Councel of State) they committed me and my three Comrades to the Tower of London for treason, and within a little while after my committment, Sir Arthur Haseltidg by his will and pleasure, seazed upon all my estate in the North-Country that he could lay his hands on, without due process of Law, or any command of Parliament so to doe. And I was also locked up close prisoner, and at the beginning of my close imprisonment, not suffered to enjoy so much as the sight of my wife and children, and had not a penny allowed by them which dealt &illegible; with me, to buy me bread, till I was forced to make many loud and bitter out cries of the barbarous crueltie exercised upon me of which my adversaries in the Parliament, takeing advantage (which were principally the intrest, freinds and creatures of my Lord Generall Cromvvell) they caused me upon the five and twenty and six and twenty of October 1649 in an extraordinary manner, to be arraigned at the guild or towne Hall in London, before about fourty Iudges as a traitor, for pretended breaking of their Lawes, made divers Moneths after the first day of my Imprisonment, and never laid unto my charge at all the thing for which I was first committed, but only things pretended to be done by me, after so many insufferable provocations and burthens laid upon me, as it was almost impossible for the strength of a man to beare or undergoe. Yet through the goodnes and loveing kindnes of God the constant support of all innocent and just men in distress, after allmost two whole daies dispute in Law, betwixt my selfe singly on the one parte, and the Iudges, the Attorney Generall & other Councel for my Adversaries on the other; and after they had denied me all those legall liberties and priviledges, that by the declared Law of England were and are my undoubted Birth-right; and which they never denied to the greatest traitor, or the &illegible; Irish Rebel that ever was arraigned in England, since the first day of this Parliaments sitting, which began November the 3, 1640; I was most gloriously delivered, by the cleare and entire verdict of a Iury of twelve Londouers, being my Peers and equals (the Law requireing me to be tryed only by such a number of legal and good men of my neighbourhood) of their owne choosing, with the greatest acclamations and shoutings for joy by the people (although many and strong guards both of horse and foote were, to &illegible; the People, placed in the Towne-Hall, Court-yard and in the streets and lanes round about the said place of tryall) that I beleivs have bin heard in London for soms ages past. which Ioy and rejoyceing of the People, they further expressed by their immediate makeing of an abundance of Bone-fires, through all the streets of London. Which so terrified, amazed and affeighted the guilty Consciences of my corrupt Iudges, (who made it plainly appeare by the whole mannage of their Busynes against me, that they were resolved right or wrong, if possible, to take away my life) that they were forced to procure themselves to be guarded by troopes and Companies of Horse and Foot to their Houses. The Narrative of which triall is in England since printed in two parts, in about thirtie sheets of Paper.

And thorough the wonderfull providence of God, and beyond the expectation of all my friends and relations; my life was given me as a prey, and my deliverance from Imprisonment, thereupon followed. After which, Generall Cromwell comeing out of Ireland, delivered my petition to the Parliament for me; to procure me about sixteene hundred pound sterling, being the remainder of my legal satisfaction, formerly ordered me, for my Barbarous and cruell sufferings by the Byshops and Star-chamber. and the afternoone of the same day, he tooke order with his speciallest freinds in the Councel of State, to perfect my Buysines for me in his absence, being the next day himselfe to goe into Schotland. which actings of his being made knowne unto me by a Colonel, seent unto me (as he told me) from one of the cheifest members of the Councel of State and my very loveing freinds; with a desire from the said member, that out of Gratitude, Respect and complement, I would wait upon the Generall, and accompanie him some miles on his way, in his journey towards Scotland. which in the most respective manner, which I could, I did, (to the extraordinary advantage of him and his affaires at that season) being accompanied with some of my Comrades, one of which was & is reputed a man as able in parts, as any is in England. And as Tomam-high-Cross which is about 5 miles from London, the Generall lighting out of his Coach, did with much show of respect and Complement salute us. & after we came to VVare, which is 20 miles from London, he invited us to sup with him, which we did accordingly at his owne table. and the next morning, we accompanied him five miles further, and takeing my leave of him, in the open view of his traine of followers, he imbraced me in his Armes, with the most solemnest protestations, that likely could be made by a man; That if God blessed him, & that ever he returned to England againe in peace and health, he would put forth all his power and interest that he had in the world, to make England enjoy the real fruit of all the Armies promises in their declarations (the chiefest of which are successive Parlaments, equally chosen by the People, as in severall their owne declarations has bin avowed) and to make the People of England, the most absolute free Nation on the Earth, not in words but in deeds. And after he had sufficiently imbraced or cajoled me, he also embraced and cajoled my Camerades and declared the same to them.

From which time after, being before wearyed with tossings & tumblings in the world, and very much put into a beleife, by the Generalls transcendent promises (which I judged reall & faithfull & conscientious, measuring them by the integrity of mine owne heart, which has alwayes hated dissembling) that there needed no more strugleings in England by us for our Liberties, if the divine hand of Providence should bless him with victory and conquest in his present undertakeings. And besides; haveing many entreaties to sit still, from my faithfull and endeared wife, that haveing unweariedly laboured to the often hazard of her life, for my releife and preservation, dureing the whole course of all my former troubles; was at my last tryall with insupportable greife and care for my Life, which she by her often fruitles journyes, petitions and sollicitations to the Parliament & Members thereof, judged to be no other then absolutely lost, little less then perfectly distracted; I totally thereupon devoted my selfe to the mannageing of my private affaires, & neither openly nor secretly medled or made with the Generall or the Parliament, in any manner of way to seeke for the establishment of the peoples long promised and expected Liberties, that might in the least give them any ground of suspicion to interpret, surmize, or pretend that I went about any thing, that might aime at the undermineing of their Authoritie, disturbe their peace, or put the least seeming affront upon them, or either of them: but was as observant of them to the uttermost of my understanding as ever I was of the nighest relations I had in the World; and as carefull to walke uprightly and evenly before them, as ever I was of any thing I did in my life; and to the distast of some of my faithfull freinds, avoided to come at all manner of meetings, that might give them ground in the least to grow jealous of me And yet have they lately fined me seven thousand pound sterling, and for ever bannished me out of my native country, upon paine of death never to returne thereunto againe. But yet in their votes of the fivetienth of Ianuary, and their Act of Parlament of the thirtienth of Ianuary 1651 Olde stile, by which I am bannished, they lay no more breach of any of their Lawes unto my charge, then I am able to lay to the charge of the child in the mothers wombe: Although England be a Nation for many Ages and generations by past, bounded with, and governed by, a written knowne and declared Law; the encroaching upon which, was the onely pretended ground of the Parlaments Quarrel, fighting with, and proceeding against the late King Charles, so far as to the takeing away of his life.

And in aboundance of their declarations, published to the view of the People of England, They have most solemnly declared before God and the World, to maintaine their Lawes and and governe them thereby, and not to rule, over them arbitrarily; wishing themselves accursed, when they should breake this their promise. And they have declared by their Authority, that the Law is that, which puts a difference betwixt good and evill, betwixt just and unjust; if you take away the Law all things will fall into confusion, every man will become a Law unto himselfe, which in the depraved condition of humane nature, must needs produce many greate Enormities. Lust will become a Law, and Envy will become a Law, Coveteousnes & Ambition will become Lawes; and what Dictates, what Decisions such Lawes will produce, may easily be discerned. And also, That the Law is the Safeguard, the Custody of all private Interests. your Honours, your Lives, your Liberties, and Estates, are all in the keeping of the Law, without this, every man hath a like right to any thing.

Yea, and though in their charge which they exhibited against the late King Ianuary 20, 1648, upon which they tooke away his life, they charge him that he indeavoured to erect & uphold in himselfe a unlimited and Tyrannicall power, thereby to rule according to his will, and to overthrow the Rights and Liberties of the People. Yet to sweeten themselves in the affections of the People after the Kings death, in their Declaration of February the 9th 1648, they positively declare, that they are fully resolved to maintaine, and shall and will uphold, preserve and keepe the fundamentall Lawes of the Nartion, for and concerning the preservation of the Lives, Properties and Liberties of the People, with all things incident thereunto. And in their Declaration shortly after that, dated March. 17, 1648, they doe the same and goe to particulars; stileing the petition of Right that most excellent Law (as indeed it is being the most transcendent and choycest jewell, that English men have in reference to their legal rights and privileges, and which was our forefathers knowne Inheritance, before the Conquest of William Duke of Normandy) as in the last recited declaration page 23 they declare.

And besides, it is two of the undoubted privileges of the English People, and two of the undoubted maxims of their Law; First, that their crimes are only to be punnished by the rules of their Law in being, printed and publicly declared before their facts were committed.

2. That their punnishment is only to be decreed, to be executed upon them by the sworne and declared executors of the Law, constituted and set up in the Courts of Iustice for that end and who are to walke an act, only by the rules prescribed by those Lawes, and not in the least, by the unsvvorne arbitrary Lawmakers the Parliament; who by the declared Law of England, cannot in the least meddle with the inflicting punnishment upon the meanest and most seemingly vilde or contemptible English Man, who is without the verge of their owne dores. Neither can they legally or rationally erect or set up a new Court of Iustice, to appoint any Iudges whatsoever, on purpose to try one, two, or three individuall persons and no more. Because it is against common sense equity and the implyed rules of their trust, all English men or people being all horne free alike, and the Liberties thereof equally entayled to all of them alike, and therefore in common sense, equity and Iustice, one two or three individuall Persons, ought not to be burthened whith an iron yoake, when the Vniversality are only burthened with a wooden one.

And suitable to these most righteous Maximes of the Law of England, are the most glorious and righteous dealings of the Soveraigne Lord of Heaven & Earth, Who abhorred to punish his subjects (or the workemanship of his hands) the sonns of men, before he had given them a Law, and declared it to be their Rule to walke by. And therefore Genesis the 2 the 17 and 18, Saith God to Adam in Paradise, of every tree of the Garden thou mast freely eat, but of the tree of the Knowledge of Good and evill, thou shalt not eat of it, for in the day thou eatest thereof, thou shalt surely die. And saith the Apostle Paul, who spake by the Spirit of God, where there is noe Law, there is no transgression Rom. 4. 15. And saith the Apostle Iohn, Sinn is the Transgression of the Law 1. Iohn 3. 4.

2. As God gave Man a Law before he punnished him, so, as man encreased, he gave it universally unto all, Gen. 9. Whosoever sheds mans blood, by man shall his blood be shed, for in the image of God made he man &c. So likewise, when he came to give a Law to the Israelites, as a Nation in whom he tooke a speciall delight, he doth not only give them a Law in plaine words without ambiguous termes, short and in their owne tongue, unto which they were required to give their consent, and gave it: but he also declares it universally given to al men and woemen, rich and poore, Without any exception. All which is evident; plame and cleare in Exod. Chap. 20. and chap. 24. and Chap. 31. and Chap. 34. And Deuteronomy Chap. 5. Chap. 6 Chap. 9 and Chap. 11, Chap. 27. and Chap. 30. & 31.

But that the Lord Generall Cromwel, whith whom I had so faire a correspondency, as I imagined I had, and who in his owne Gallorie, about three moneths agoe, upon a serious and long discourse betwixt him and me (none benig present then but us two) did declare Solemnly to me, he had buryed the remembrance of all by past things, betweene him and me, in the Grave of forgetfullnes, and assured me that I should upon all Iust occasions which I had to use him, find him readie to doe me all frindly Offices. That hee I say should be so Zealous! to have the foresaid unjust Sentence currantly to goe on and pass against me, is to me matter of wonder and astonishment. And that the Lord Generall Cromwel was Zealous, to have the said Sentence of 7000 pount fine and perpetuall bannishment to be decreed against and executed upon mee, I have these grounds to beleve.

(1) Because, a familiar acquaintance of his, within a few daies after the Sentence was passed against me, told me at West-Minster, that severall daies before it past in the Parliament house, the General in a Cabal of seven or eight Parliament men, decreed my Sentence in his owne-chamber.

(2) But secondly and Principally because upon the delivery of a large Petition (the coppy whereof you shall finde at the Conclusion hereof) on my behalfe to the Parlament the 20 of Ianuary last, signed & presented, by great store of my friends, it being the very day in vvhich I was called to their Burr, to have the Sentence read against me, a Parliament man told me, that two or three days after, he conceived there were some-flaggings in the Spirits of some that had showed themselves formerly very Zealous for my Sentence: to animate and hearten whom to presevere, the Generall speakeing upon an other subject nothing relating to my busines, openly in the Parliament House, brought in a Parenthesis by head and shoulders, (when clapping his hand upon his brest,) he expressed him-selfe in these very words or to this effect. M. Speaker, upon my Conscience, the Sentence of this House, which you have lately passed against Leiutenant-Colonel Iohn Lilburne, is as just and as righteous a Sentence, as ever was passed by this house. I say ! I am much to seeke to render the reasons, why the Generall should be so Zealous, for this unrighteous illegal Sentence to be executed upon me, it benig scarcely to be imagined, that a man of such honour and Conscience as he professeth him-selfe, and by some is beleeved to be, should carry revenge so long in his mind, after severall serious, formall and every way seemeing reconciliations. But the more doe I wonder, that it should burne so hot in his brest, as not to suffer him to waite for some hand some and at least semingly just occasion, to express it against me, but that he should choose such an occasion to execute it upon me, when I am confident of it, he had no pretence of a provocation given him by me, in any sense whatsoever. Surely there must be something else in hatching by him, which peradventure he might imagine, might receive some opposition by me, should I remains in England at the declareing of it. And when it was lately told me, by some of understanding, in Office in his oune Army, that some of his new Sycophants made it their worke, to solicithe Officers of the Army, to improve their interest in the Army, to get them to declare Generall Cromwell King of England; I could scarcely beleeve it then, but since, laying the Princely State, that his House is lately arrived to, and the Kingly State, that his sonn in Law Ireton lay in at Somerset House, And afterwards was buryed in (which a Knowing man belonging to the Parliament House told me would cost 50000 pound Sterling,) with other circumstances together. I doe not now stagger in my beleef, that such a thing hath bin and still is in present designe by him, and cannot now render a more probable reason of the ground of his desire to bannish me, then his feare of my opposition to that very thing.

But how ever bannished I am from my native Countrey, and of all the places of the whole Earth, I could not imagine with more safety and content of mind whereto ratire my selfe unto in a condition of so much intended mischeife against me, as mine is, but into the united Provinces, the common receptacle of wearyed, tossed and bannished men: being a place, which to your honour and praise, I must needs in truth say, is of the greatest free dome, that I have red or heard of any upon the whole Earth. And amongst all the Citties thereof, I choos out Amsterdam, more famous for freedome, and flourishing thereby, more then all therest.

And since my arrivall in these parts, have met with some things which in my judgement make it absolutely necessary for me thus to Apologize, and thus to lay open my condition unto you. The first was at my being in Middelboroug; where one of the Magistrates askeing a freind of mine for me, he told him I was lately bannished by the Parlament. Yes; saith the Gentleman, a verie good pretence for the Parliament to send over a man of braines at this time, to spie out our doeings, and thereby the less to be discerned, in his giveing them Intelligence.

(2) Since I came to Amsterdam, lieing at an English Inne or Harbour, the first night I came; I have since had word brought me, that the next day there came to that House, two or three English Gentlemen, supposed to be some of the Kings party, and diligently enquired, calling aloud and demanding, where is that rogue and traitor Lilburne, uttering many other unhand some speeches concerning me.

(3) And thirdly, I have by some that I have very good cause to beleive, really wished me well, bin told that some of the natives and inhabitants of this place, very much to them reproached me, as a meane, base and unworthy fellow, as if I were a rogue and had bin whipt therefore.

In serious consideration of all which; in order to my oune safety, I judged my selfe bound to make this Apologie, and in this place to add in answer to the last of the three things: that it is not the thing or punnishment, that a man suffert, which renders him base and unworthy; but the evill and wickednes, that is the cause wherefore he suffers that punnishment. For the whole current of the volumne of truth declares; that the best, most virtuous and choisest of men, have suffered the greatest of Punnishments (witness Ioseph, Moses, David, Ieremy, Daniel and his three Camerades; Paul, our Lord him selfe, some of his Apostles, in a word all that cloud of Martyrs mentioned in the 11 to the Hebrewes) not for their evil and wickednes, but for their virtue, uprightnes and Integritie. Which whether my whipping were upon the last mentioned score, yea or no, I present unto you heere a short Narrative of the manner and cause of it, and other my sorrowes therupon depending, as it was printed and published in England in the yeare 1645; which I &illegible; you, without præjudice, seriously read and then judge. And it thus followeth.

Een Waerachtig verhael van de voornaemste stucken van Lieut. Col. Iohn Lilburnes lijden, gelijck die voor den Recht-Eerbaren huyse der Heeren in ’t Parlement vergadert, op den 13 Febr. 1645. zijn vertoont ende beweesen geworden: Waer by dan noch geuoecht is der Heeren order, op ’t hooren van de sake gegeven.

Mr. Bradsha wende Mr. cooke geassigneert zijnde tot Raet nevens den voorsz. Mr. Lilburn, Mr. Bradshaw met corte woorden, ende soo waerlicken de sake geopent hebbende, als of hy een ooggetuyge sijns schuttelings lijden ware geweest; berichte hun Heerschappen, dat het selve een vol ende solemnelen gehoor ontfangen had, voor een Committy van den Eerb. Huyse der Gemeente: Op welckers rapport by dien Eerb. Huyse, op den 4 May 1641. Geresolveert wierdt op de Questie, Dat des Ster-Camers Sententie gegeeven tegens Iohn Lilburne, onwettelijck is, ende strijdigh tegens de vryigheyt des Onderdaens, ende alsoo Bloedigh, Godloos, Wreet, Barbarisch ende Tyrannisch; Insgelijckx wierdt noch geresolveert op de Questie, dat men reparatie behoort te geven aen Mr. Lilburne voor sijn gevanckenisse, smerte ende schade door die on wettelijcke Sententie geleden; Ende nu mijne Heeren hebben sy sulcks opgesonden aen U. E. door wiens nobel gunste ende gerechtigheyt, wy hier nu voor U. Eerb. staen, om d’onwettelickheyt van die Sententie ende alle preceduren daer op gevolght, Uw’ E. voor te leggen, ende van de Iustitie Uw’ E. E. te versoecken reparatie, die met des schuttelings lijden, eenigh proportie hebbe.

Ende voor eerst vertoonde hy een order, waer door Mr. Lilburn, eerst onwettelijck aengetast ende in de Gare-housegevancklick gebracht wierdt, door drie Leden van’t Bisschoplijcke Hooge Commissie Hof: Welck order aldus voor-gelesen wierdt.

Sexto Decemb. Anno Dom. 1637.

Emanavit Attach. Direct, Wragge & Flamsterd, pro Corpors Capit. Iohannis Lilburne de Civitate London, ad immediatè admittend &c. Signat, per Lambe, Gwijn & Aylett. } Ex directione Baker Cleri. Capellani Lond.

Exam. Edwardus Letham Reg. Regij Deput.

Lupt in’t Neerlands aldus:

Denseften Decemb. 1637.

Dart is &illegible; mandaet/&illegible; aen Wragge ende Flamsteed/om gebangen te newen ’t lichaem nan Iohn Lilburne, han be &illegible; Londen/om hem &illegible; te brengen/ etc. Onderteechent by Lambe/Gwijn en Aylett.

Ge-examineert door Edouart Latham, Gedeputeerde van Kon. Register.

Welck order of mandaet voor-gelesen zijnde, merckte Mr. Bradshaw aen dat d’Originele Gevangen-neminge, onwattelijck was, om dat sy Mr. Lilburne noyt hebben doen comen om voor hem-selven respreken, noch hem over eenich Crimen ge-examineert hebben: Doch mijne Heeren, tenis niet wonder dat soodanige ongerechtigheyt van dese Hooge Commissarissen her-come, alsoo het hun ordinary practijck was, selfs te wesen de Beschuldigers, de Richters, de Ceppiers ende d’Executeurs, sonder eenige wettelijcke wijsen van procedure in acht te nemen: Waer op voor ’t tweede Mr. Bradshaw van d’Heeren versocht, dat oock de Sententie tegens Mr. Lilburne in de Ster-Camer gegeven, oock voorgelesen mocht werden: ’t Welck oock dien volgens gelchiede.

In Cam. Stel. coram Conc. Ibidem 13 die Febr. Anno Decimo tertio Caroli Reg.

D’Heer Coventry. d’Heer Bewaerder des Groot Zegels, &c.

Op informatie aen desen Hove, den 9 deles Maents Febr. door Sir Iohn Bancks Ridder, sijn Majts. Advocaet Generael gedaen, dat men Iohn Lilburne ende Iohn Warton, als doen voor den richt-banck tegenwoordigh, op den 24 Ianuar. lest-leden soude ontbieden om ge-examineert te worden op Interrogatorien, nopende hun onwettelijck Druckinge, inbrenginge, uyt-gevinge ende uyt-stroyinge van Pasquillen ende seditieule Boecken, tegens ’t gebodt deser Hoove, ’t welck bevestight was met assidavit. End’ gebracht zijnde voor ’t Gericht om teverschijnen ende ge-examineert te worden, de voorsz Lilburne weygerde te* verschijnen, ende beyderesuscerden een Eedt te doen van de waerheyt t’antwoorden op d’Interrogatorien, als by ’t Certisicarie van Mr. Goad. Gedeputeerde, Clerck deser Hoove, ’t Hof ordineerde dien dach, dat hun comparitie doen ingeteeckent soude worden, als sy ten Hove present waren, als voorseght; Ende dat ten op-fien de voorsz. Delinquanten doenmaels wederom verachtelijck resuseerden hun Eedt te nemen, hun in openbaren Hoove voorgehouden, sy weder naer de Gevanckenisse van de Fleet souden gebracht worden, om daer dicht beslooten te blijven, totter tijdt sy hun-selven in gehoorsaemheydt souden onderstellen om hun eedt te doen, ende ge-examineert te worden; En ten zy sy hun Eedt namen ende toe-gaven geexamineert te worden tegens Maendach ’s avondts doen naestcomende, ende nu jongst verleden, dat Uw’ E. E. op die sessie voort-varen soudet tot een Censure tegens hun, wegens hun contempt in dese saeck.

Nu de voorsz. Lilburne ende Wharton, desen dach wederom voor den richtbanck gebracht zijnde, informeerde de voorsz Majts. Advocaet desen Eerb. Hoove, dat sy noch by hun voorige obstinacy verbleven, en verachtelijck refuseerden hun Eeden te nemen, de waerheyt te sullen antwoorden opde* Interrogatorien, al-hoewel men hun daerom ontbooden had, ende men hun aengebooden had hun Eedt door Mr. Goad Gedeputeerde, Clerck deser Hoove, die sulcks nu Certificeert in ’t Hof, te langen. En derhalven badt Sijn Majts. voorsz, Advocaet ootmoedelijken Sijn Majts. halve, dat Hare E. E. tot Censure wilden voort-varen tegens de voorsz. Delinquanten, wegens hun groot Contempt ende ongehoorsaemheyt in dit stuck. Waer op de Heeren met schoone woorden hun tracteerden te betrecken tot conformiteydt ende gehoorsaemheydt, en met eene presenteerden, soo zy submitteeren wilden ende hun Eeden doen, dat Hare E. E. sulcks aen-nemen zouden ende met de Censure niet voort-varen: Maer d’onleydelijcke ongehoorsaemheyt ende contempt van de voorsz Delinquanten was soodanich, dat sy in hun voorige obstinaetheydt noch persisteerden ende moet-willigh weygerden hun Eedt tenemen. Om welcker oorsaeck dan het gantsche Hof met een helliger stemme over een quame, verclaerde ende oordeelde de voorsz. Lilburn ende Wharton schuldigh aen seer hoogen Contempt ende Offencie van seer gevaerlicken gevolgh ende quaet exempel, ende meriterende een zeer scherpe, exemplary ende gestrenge Censure, waer door andere van diergelijcke presumptueuze stoutigheyt asgeschrickt werden, van terefuzeren een Wettelijcken* Eedt te nemen, zonder welcken tot groot naedeel ende gevaer van Sijn Maj. zijner Coninckrijcken, ende lieve Onderdanen, meenig groote ende exorbitante offencien onbekent ende ongestraft zouden moghen doorgaen, ende daerom hebben nu Hare E. E. geordonneert, gevonnist ende gedecreteert, Dat de voorsz. Lilburn ende Wharton weder nae de Fleet sullen gebracht werden, om daer te blijven, tot sy hun-selven in gehoorzaemheydt, tot de ordren deser Hoove zullen geconformeert hebben, ende dat zy elck een 500 pondt, tot straf, ten behoeve van Sijn Majest. zal betalen: Ende eer sy uyt de Fleet uyt-gelaten worden, sullen goede borg moeten stellen van hun goet comportement: En ten eynde andere te meer af-gelchrickt werden van hier nae in diergelijcke offencie te durven vervallen, zoo heeft verder het Hof geordonneert ende gevonnist, Dat de voorsz. Iohn Lilburne gegeesselt zal worden langs de Straten, vande Gevanckenisse van ’t Fleet af, tot aen de Kaeck, die op soodanigen tijd ende plaets sal op-gericht werden, als dit Hof zal goet-vinden ende ordonneeren, ende dat als-dan beyde hy ende de voorsz Wharton op de gemelde Kaeck zullen gestelt worden, ende van daer dan weer naer ’t Fleet gebracht worden, om daer te blijven, luyt dese Sententie.

Ian Arthur Deputy.

Op ’t sluyten hier van, merckte M. Bradshaw aen, dat dese Sententie was Felo de se, zijns eygen doots schuldigh, de gront oorsaeck van dien zijnde dat M. Lilburne weygerden een Eedtte doen, alle zoodanige Vragen te beantwoorden als hem zouden voorgestelt worden, daer het tegens alle Wetten, zoo Godes, der Nature ende des Coninckrijcks is strydende, dat iemand sijn eygen beschuldigher soude zijn: Voorts wierdt d’executie van dese wreede ende bloedige Sententie door verscheyde getuygen van qualiteyt, ende van goede reputatie op Eode voor Hare E. E. richtbanck beweesen. Welcke Getuyehenissen luyden in substantie, Als voor cerst Mr. Thomas Smith, Coopman, verclaerde aen Hare E. E. op sijn Eedt, dat hy M. Lilburne had gesien op Fleetbrugge aen een Karre gebonden, van sijn middel op-waerts tot boven naeckt uytgetoogen, ende van daer af tot West-Minster toe-gegeesselt, omfangende ider, 2, 3 a 4 stappen weeghs, soo hy op ’t naeste oordeelen kost, een slach met een sweep, van 2 ofte 3 coorden, des is by seecker, vol knoopen; Ende aengaende’t getal der slagen, oordeelden hy die niet soo weynich geweest te zijn als 500. ende wanneer hy tot 500, noch 500 soude zeggen, dat hy geen mislach zou doen. Maer 500 was hy verzeeckert, dat het minste was, ende dat hy hem op de Kaeck had gesien staen, &c. d’Officieren zijnde regens hem ende eenen iegelijcken die hem toe-sprack, seer wreet.

De naeste Getuyge was Mistris Mary Dorman, de substantie haerder getuychenisse was, Dat sy had gesien M. Lilburne, gegeesscelt van Fleet-brugge af tot West-Minster, ende dat op sulcken Barbarische ende wreede wijse, dat sy ’t niet en kond’ uytdrucken, ende hield het daar voor, dat beyde sijn schouders de hoochte van een stuijvers witte-broot waren geswollen door het knellen ende kneusen van die geknoopte coorden, ende dat zy hem op de Kaeck immediatelijck heeft sien staen boven de 2 geslagen uyren blootshoofts, de Sonne seer heet schijnende; ende alsoo hy occasie nam d’ongerechtigheydt van sijn Sententie te verclaren, dat hem de Garde van ’t Fleet een bal in de mondt sparde, meer als een uyr lang, ende dat met sulcken wreetheydt dat hy sijn mondt dee blocyen.

M. Higs. Sijn Chirurgien, betuyghden op sijn eedt, tot desen effect, dat hy sijn Patient Mr. Lilburne, niet had sien geesselen, maer versocht zijnde bet Officie van een Chirurgus aen hem te plegen, dat hy dien dach sijn rugghe verbandt, welck een van de deerlickste rugge was, die hy oyt ghesien heest, want de strymen op sijn rugghe, door dat wreede geesselen veroorsaeckt, waren grooter dan Tobacco Pijpen, ende dat hy hem op de Kaeck heeft sien staen, met ghesperden monde.

Ende Mr. Thomas Hauws heeft by Eene tot desen effect beruyght, als dat hy Mr. Lilburne had ghesien staen op de Kaeck, boven de 2 uyren, als hy oordeelde, de Sonne seer heet schijnende, ende men wilde niet lijden dat sijn hooft ghedeckt wirdt; ende alsoo hy occasie nam van der Bisschoppen wreetheydt teghens hem to spreken, ende hoe ongherechtesijck sy hadden dus met hem doen ommegaen, dee de Garde van ’t Fleet een bal in de mondt sparen, ende dat met sulcken wreetheyt, als of hy hem de Kinne-backen had wil len scheuten, in-voeghen dat hem ’t bloet uyt de mondt quam.

Ten underen, wierdt noch voor-gelesen een tweede Sententie in de Sterr-kamer gemaeckt, welck aldus volght.

In de binnen Sterr-Camer op den 18 April Anno 1638. present zijnde d’Heer Aerts-Bisschop van Canterbergen; de Heer Bewaerder van ’t Groot Zegel, d’Heer Thresorier; d’Heer van ’t Secreet Zegel, de Graef Marschall, de Graef van Salsbury, d’Heer Cottington, d’Heer Newburge, de Secretaris Cooke, ende de Secretaris Windebancke.

Alsoo Iohn Lilburne, Gevangen in de Fleet, by Sententie in den Ster-camer ghegeven, desen dach zijn verdiende straffe voor verscheyde sijne misdaden, met achter een Karre ghegeesselt te werden, ende op de Kaeck te staen heeft geleden gehadt zijn. Hare E. E. desen dach bericht gheworden, dat geduerende den tijdt dat zijn Lichaem onder de gedachte executie was, hy niet alleen stoutelijcken ende godlooslijcken verscheyde lasterlijcke redenen geuyttert, maer oock verscheyde Copyen van seditieuse Boecken onder ’t Volck dat de voorsz. Executie aen-sach, uytghestroyt had; Om welcker oorsaecks wille eygentlijck, als oock om andere offencien van ghelijcken natuer, hy in ’t gemelde Hof met de voorsz. Sententie gestraft was geworden. Derhalven dan by de Heeren verordineert wirdt, dat de voorsz. Iohn Lilburne alleen opgheslooten soude worden met ysere boeyen aen handen ende voeten in ’t Ghevanckenis van ’t Fleet, daer men de oolickste ende slechtste soorte van ghevangene placht te leggen; Ende dat de Suppier speciael sorg soude draghen, dat geen persoon, wie hy oock zy, tot hem gelaten worde: End’ dat hier mede een absolute order gegeven wordt, dat men M. Lilburne van honger ende commer late vergaen, insonderheydt dat hy niet van eenigh vriendt met eenigh gelden gefurneert en worde: Ende dat hy besonderlick kennisse neme van alle Brieven, Schriften ende Boecken aen hem ghebracht, dat hy die tot hem neme ende hare E. E. overlevere. Oock van tijdt tot tijdt in acht neme wie die luyden zijn die sich tot de voorsz. gevanckenisse wenden, om de voorsz. Liburne te besoccken ofte met hem te spreecken, ende daer van desen Camer bericht doe End’ eyndelijck wirdt oock geordonneert, dat voortaen alle persoonen die hier naemaels uytghevoert worden, om volgens de Sententie deser Hoove, ofte uyt order deser Richt-banck, aen den lijve gestraft te worden, eermense uyt-brenght, men hun Kleederen eerst door-soecken sal, ende niet lijden dat sy cenige Schriften ofte iets anders by hun hebben, ende dat oock hun handen gebonden sullen zijn gheduerende al den tijdt haerder straffe. Waer van als oock van de premissen de voorsz Suppier van ’t Fleet mitsdesen belast wort kennisse te nemen, ende speciael sorg te dragen, dat d’order van Hare E. E. behoorlijck geabsolveert worde.

Ge-examineert door Dudly Carleton.

d’Executie van dese laetste Sententie op den alder-Barbariste ende on-menschelijcke wijse, is oock van stuck tot stuck door suffisante Getuyghen beweesen. De substantie van dien zijnde als volght: Namelijck Mr. Higs, sijn Chirurgus heeft betuygt, dat die nacht dat Mr. Lilburne gegeesselt had geweest, men hem weder in’t Fleet bracht, ende dat hy tot Doctor Grant gaende om sijn advijs te versoecken, gheraden wirdt sijn patientie bloet te laten, om een heete koortse voor te komen, ende dat hy dien volgens’s morgens daer aen nae’t Fleet gingh, om sijn patient bloet te laten, ende sijn verwondt Lichaem te verbinden; maer vondt hem dicht op-gesloten in een plaets, alwaer d’Officieren van ’t Fleet hem weygerden in te laten: Waer op hy datelijck tot den Ceppier ginck, die doemaels tot West-Minster was, dewelcke hem den toe-ganck tot den voorsz Mr. Lilburne weygerden, tot op den achter-middach dat hy t’Huys quam; ’t Welck een Acte van groote wreetheyt was, ende tot groot perijckel van Mr. Lilburne ghesontheyt ende wel-vaert; Ende’s anderdaegs brachtense hem beneden in gemeene plaets der Gevangene, alwaerse hem in ysere boeyen slooten, ende tot verscheyde malen quersten tot extreem ghevaer sijns levens, ende weygerden my veelmael den toeganck tot hem, in sijn uytterste noot.

Doctor Hubbard, Land-Richter, verklaerde by eede tot desen effect: Dat doe Mr. Lilburne gevangen was in’t Fleet, dat hy yersocht wirdt hem als een Medicus te besoecken, ende komende om het te doen, wird hem eenmael ende andermael acces geweygert: lijckewel door sijn inportuniteyt by der Ceppier wiert hy noch ingelaten, ende vondt Mr. Lilburne, legghende in een extreem brandende coortse, met, ysere boeyen aen handen en voeten gheslooten, tot groot perijckel sijns levens.

Mistris Mary Dorman verklaerde verder, dut doe Mr. Lilburne geleden had, sy dickwils ging om hem te besoecken, dic daer lagh in ysere boeyen, daer gheen van sijne vrienden tot hem inghelaten mochten worden, ende dat d’Officieren van ’t Fleet sterck daer nae trachteden, dat hy van honger en commer sterven mocht. Invoege dat sijne vrienden dickwils ghenootsaeckt waren sijn cost te brengen in der armen ghevanghene sack, hun gelt ghevende, op dat sy ’t hem, door een gat inde muer, tusschen haer ende hem, souden sien te behandigen.

Mr. Tb. Haws verklaerde voorts, dat na dat M. Lilburne geleden had, hy dickwils gingh om hem te besoecken ende dat hy van de bewaerders der gevanckenisse geslagen was gheweest, ende in perijckel dat het hem sijn leven soude gekost hebben; ende dat sy soo sterck Mr. Lilburn sochten uyt te hongeren, dat sijne vrienden genootsaeckt waren hem zije kost te doen bereycken door de arme die aen de deur bedelden. Maer de Bewearders van’t Ghevanckenis vernemende dat Mr. Lilburne op die wijse sijn kost kreegh, tracteerden sy soo wreedelicken die arme luyden, dat Mr. Lilburne nu van dien ontsetversteecken wirdt; Ende doen kreeghen sijne vrienden den Soon van eenen Archer, die in een plaets naest hem gevanghen Iach, om dat hy den Viceroy van Yreland beschuldight had van eenen Esmond vermoort te hebben,) om hem sijn nootdruft toe te reycken: ’t Welck gheschiede stee-wijse door een gat onder een planck van de vloet gemaeckt: welck planck opghenomen wirdt, te-wijle die andere ghevangene naer ’t Cappel waren, om den Gods-diensts te plegen. Ende Mijne Heeren, het toe-reycken van de kost aen hem, koste dickmaels hem ende sijne vrienden meer als de kost selfs.

Robbert Ellis wel-eer mede ghevanghene by Mr. Lilburne in ’t Fleet, verklaerde by Eede voor hare E. E. dat de Officieren van ’t Fleet, hem gebracht hebbende in de gemeene Gevanghe-plaets, hem soer Barbarischer wijse ende wreedelijcken tracteerden, hem voor een lange tijdt in ysere boeyen legghende, sijne vrienden ende hun spijse van hem af houdende, ende hadden hem op verfcheyde malen bykans Doot gheslaghen ende vermoort, had hy hem niet te hulp gekomen: Om welcker wisle sy zyn Bed van hem namen ende verftieten hem uyt de Chariteyt ende hielden hem 5 weken langh in een leelick gat, ende hadden hem bykans vermoort, ende daer nae brochtense hem in ’s Conincks banck, op dat sy alsoo te beter hun wille aen Mr. Lilburne mochten hebben, &c.

Hare E. E. voldaen zijnde wegens d’ongherechtigheyt ende onwettelickheyt dese Proceduren, seyde Mr. Brawdtho dat hy bevroede, daer niemandt in ’t Koninckrijck ware, wiens lijden soo grootzy, als deses sijn schuttelings. Voor een Edelman, so wreedelijcken gepijnicht ende ghegeessolt, ghekaeckt, ghemond-sperret, dicht opgeslooten, in y seren geboeyt, geslaghen ende verwondt te worden, ende dat noch tegens alle Wetten, is een onghchoorde wreetheyt, ende daerom te hoopen staet, dat om soodanige ongelijckelijck lijden en verdruckinge, de goede hand van hare E. E. Justitie hem toeleggen ende uytstrijcken sullen onverghelijckelijcke reparatie van schade, ende al-hoe-wel veele van sijn Richters die hem dat onghelijck gedaen hebben, nu doot zyn, dat hy lijckewel verhoopte dat de hand der Justitie haerder E.E. gesamentlijck met het huys der Gemeente, wel soo verre reycken sal, als om hun naer-gelaten goederen ende overighe staet aen te tasten, ende hem daet uyt een spoedighe, rijcke ende onvergelijcke reparatie te maken.

Tot bekrachtinghe hier van, soude wat hier volgt ende noch veel meer hebben konnen byghebracht ende aengemerckt worden, ghelijcks Mr. Cooke oock voorgenomen had te doen, ten ware d’Advocaet vermerckt had? dat op het bloot verhael van die eyslijcke-Tormenten ende smerten hier aenghedaen, daer een nobele Geest van Justitie in der Erntv. Heeren aderen alrede was vloeyende: Want wat hert soo hart, of moet versmelten, te hooren van een arme Edelman soo wreedelijcken mishandelt; veel meer dan hare E. E. welckers bloet soo eel is, moeten die nootsaecklijck van sulcke onchristelijck handel ende oneer, een armen Edelman aengedaen, meerder gevoelens hebben, dan oncedele gemoederen en konnen hebben.

Dese straffe hem aengedaen mach tot 4 Hooft-Stucken gebracht worden.

1. Sijn Gevanckenisse, waer door een mensch levendich begraven wordt, verliest sijn troost ende ’t genot van sijn vijf sinnen, ende wort gemaeckt Corpus immoble legis: ’t onbeweechlijck Corpus des Wets, ofte als een dooden aes: Wel is waer, dat in hem selven dit wel het gemacklijckste is van alle corparele of lijfs-straffen: maer het continueren van dien maeckt het sulken lankweylige consumptie ende uytteeringe, dat het beter is op den pijn-banck een ure, dan een Jaer gevangé te liggen. Het is beter eens tot op de huyt nat gemaeckt, dan onder een druypgoot geduerich te moeten staen: Insonderheyt en is niets soo pijnlick voor cen kloeck ende actijf ghemoet, als van sijn vrijheyt beroost te worden, derhalven so wirdt oock die woelende Theseus alleen ghecondemneert stil te moeten sitten. Deser elende en is geen cyndt, gelijck de Heydensche vervolghende Tyrannen seyden, Nondum tibi redi in gratiam. Den mensch uyt de pijn te helpen is altoos voor een faveur gherekent gheweest; maer Mr. Lilburns gevanckenisse is noch met drie verder graden beswaert geweest.

Voor eerst, Een dichte ghevanckenisse daer oock sijn lieffte vrienden niet en mochten komen: Men vindt niet dat yemand van d’cerste Christenen door de Tyrannen soo zijt gerrackteert gheweest; want als dan soude die sware beschuldiginge inde schrift Ick ben ghevangen geweest, ende ghy en hebt my niet besocht, konnen beantwoort worden. Selfs wirdt oock altemets de Chirurgus gheweert van by Mr. Lilburne te komen om hem te verbinden, oock de Midicus doen hy in een brandende koortse lach: een wreetheyt selfs onder Turcken onghehoort, want dese noch sorg dragen voor hun slaven in hun sieckte, ende mesten die, op datse teghens den arbeyt ende slagen beter souden by krachten zyn: Maer het is maer al te waerschijnlijck dat dese, die Mr. Lilburns malicieuse vyanden waren, niet dan al te seer naer sijn bloet waren dorstende.

Ten anderen, Die hem bewaerden, hadden last, toe te sien dat hem gheen gelt behandigt wirdt, ’t welck een teecken is dat sy in ’t sin hadden, hem uyt te hongheren. De Propheet seght: Het is beter door ’t Sweert te sterven, dan door hongers noot: welck het grootste van allen Tormenten is: want alle straffe kan men noch met geduldigheyt dragen, uytgenomen alleen d’honghers noot: Want hoe de mensch meer daer aen denckt dat hy’t met ghedult uytstaen wil, hoe het geweldiger opstijght: Ongetwijffelt hadden met eenige arme mede-gevangene uyt barmhertigheyt over hem beweecht gheweest Mr. Lilburne ware ter doodt uytgehongert. Een straffe veel ergher dan eenich vande 4 straffen by de Romainen ghebruycklijck, als Lapiditio, combustio, decollatio, & Strangulatio. d.a. Steeniginghe, Verbrandinghe, Onthoofdinghe ende Worginge: Hoe strengelijck, doch rechtvaerdiglijck, hebbe veel-maals die selfe Rechters gestraft, wanneer eener ’t voornemen maer had yemandt te vergeven ofte om te brenghen? Het tocrusten tot Moort, jae selfs het heeten liegé aen yemant, als zijnde een voorbe reyding tot dootslaen, met twist ende strijt te verwecken, hoe strafbaar was dat in die Hoove? à multo fortiori, hoe veel meer ende met hoe veel stercker rede in desen val, daer te vooren alrede soo veel wreetheden ghepleegt waren, dat in allen waerschijnlickheyt de Doot ghevolght soude hebben, had God door sijn extraordinary ghenade hem in dit swaerlijden niet onderstut. Dese ongherechtighe Richters, weghens hun overtredinghe niet alleen van allen palen der menschlijcke billickheyt, maer oock van alle regelen van hun eyghen ordinary Recht, behoorden M. Lilburne billicke satisfactie re doen.

Ten derden, dese Gevanckenisse duerde omtrent drie Jaren, tot hy het Parlement by Request zijn sake te kennen gaf. De cerste bewegingen tot toorn sijn dickmaels in s’menschen macht niet: Om dat hy hem selven niet wilde beschuldigen ghelijck zij’t geern ghehadt hadden, (’t welck al sijn misdaet was) mochten zy in een heevigheyt van Passie hem gevangen hebben laten setten, ende mochten de Son op hun toorn hebben laten onder-gaen; ja de Mane mocht haer ommeloop cens ghedaen hebben, ofte de Soomers hitte mocht hare bevrozene Conscientie noch vermorruwt hebben, ofte de koude Winter mocht de hitte van hun grammoedigheyt noch gekoelt hebben: maer neen, hun grammoedigheydt ende boosheydt continueerde drie Jaeren, ende ten ware hy door de Gherechtigheyt des Parlements had verlost gheworden, het is waerschijnlijck het voor eeuwich ende altoos soude gecontinueert hebben.

2. Sijn Gheesselinghe, een seer smerrelijck ende schandelijcke straffe. Met geessel oft roede gheslaghen te worden, is voor slaven ende ondeugende Fielten ende Landt-stroopers. In’t elfde van Elisabeths Regeeringe, wasser eenen Cartwright, die een slave uyt Russia ghebracht had, ende wilde hem wreedelijck gheesselen: waer over hy in questie gebracht wirdt, daer dan beslooten wordt. Dat Engelandt al te suyveren lucht hadde, als datter Slaven in souden woonen: Ende dickmaels is hier in de Ster-Camber geresolveert geweest, datmen gheen Edelman altoos, wat misdaet hy ook bedreven mocht hebben, en soude mogen geesselen. Nu is het genoech bekent, dat de Voor-ouders van Iohn Lilburne van oudts her Edel-lieden sijn geweest; daer oock zijn Richters niet onkondich van kosten wesen, insonderheyt de Graef Marshall, die de naem heeft alle de oude Geslachten van’t Koninckrijck wel te kennen: En lijckewel hebben hem soo doen geesselen, dat men dierghelijcke onder de &illegible; Persianen, Griecken ofte Romeynen noyt ghelesen heeft.

Want Voor eerst, het was van ’t Fleet tot West-munster (meer als een uyre weeghs) daer hem een groote meenichte ende toeloop van volck quam bekijcken, als of hy eenarme flave ware geweest.

Ten anderen, hy kreegh alle twee of drie stappen weechs een slach, in alles ten minsten 500 slagen: Want seecker Coopman Mr. Smith, die met hem ginck, betuyghde dat, soo veel hy oordeelen kost, Mr. Lilburne wel 500 ofte 1000 slaghen kreegh: Van’t eerste was hy seecker en ghewis, ende dat met een Sweep van drie koorden ten minsten 20 knoopen draeghende.

Onder de Romeynen en ontfingh noyt eenich Misdadiger boven de 40 slagen endeyder streeck wirt ghereeckent voor drie slaghen: Want de Sweep had drie koorden ende maer een knoop aen ’t eyndt van yeder koorde.* S. Paulus ontfingh 39 slagen, ’t welck maer dertien streecken bedroech. Niet langh geleden isser tot Orleans een Priester ghecondemneert gheweest om weghens hoerery, gegeesselt te worden, hebbende een arme &illegible; bedroghen, haer wijs maeckende, dat hun Paepsche St. Franciscus op sulcken Nacht tot haer komen wilde om by haer te slapen, op welcken tijt hy sich verstelde ende hiel sich als of hy St. Franciscus ware, ende wirdt by haer in’t bedt ghevonden: Des Konincks Advocaten dan hielden hart daer op aen, dat hy veertien slaghen mocht ontfanghen met een sweep van drie koorden, zijnde een ghewoonlicke straffe aldaer voor dierghelijcke misdaet. Alsoo het een grouwelijcke feyt was: Maer de Richrert en wilden niet toestaan dat hem meer als dertien slaghen gegeven worden, quiæ ampliandi sunt favores, om datmen behoorde ’t faveur niet te verkleynen, maer liever te vergrooten, ende in dubieuse saken moetmen aen de kant der genade ende gunste meest stellen. Maer salmen hier nae reeckenen, soo heeft M. Lilburne wel 10000 streepen ontfangen, want in yeder slach waren 20 streepen uyt oorsaeck van de twintich knoopen; want dese ghemultipliceert met 50 slaghen, maecken 10000 streepen; ende in yeder streep was schande ende smerte, een verkneusinghe van’t vleesch, ende een strotinghe van bloet.

3. Sijn staen op de Kaeck, een straffe yetwat smertelijck maer seer schandelijck, ende voor een edel ghemoet uyttermaten schricklijck, twee uyren langh daer te staen tot een &illegible; van alle man als of hy niet waerdich waere het Aerdtrijck te betreden, de Sonne schijnende seer heet op zijn lijf, ende en mocht zijn Hoer op zijn Hooft niet hebben ende dat noch naer dat hy soo wreedelijcken ghegeesselt was, op dat sy hem alsoo allen tormenten ende pijn aendeeden die sy konden: een teecken van groote grimmigheyt ende boosheyt.

Dese straffe van op de Kaecke te staen, is eerst bedocht gheweest voor openbare Guychelaers ende bedrieghers, die op stellagien ende verheven plaetsen staende, het volck bedrogen ende veronghelijckt hebbende, wederom tot straffe op ghelijcke wijse ghestelt worden, om van allen volcke als een specktakel ende openbare schand-brock beschouwt te worden: Maer datmen dit aen een Edelman doen soude, is noyt meer ghehoort, ten ware in desen wreede Hove.

4. Sijn Mondt-sperringhe, een onmenschlijcke ende Barbarische wreetheyt, aen beesten te ghebruycken niet aen menschen: Want dat een onderscheyt maeckt tusschen den mensch ende de stomme beesten, is ratio & oratio de rede ende de spraeck. Een straffe ongehoort van allen Eeuwen-her: Van de Tonge uyt te snijden ende die in cas van Gods-lasteringhe te door-booren heeftmen wel ghehoort, maer noyt in saecke van sulcken Natuer: Ende dit noch ghecontinueert meer als een uyr langh, tot hem ’t bloet uyt de mondt sprong, als of sy sijn kinnebacken hadden willen scheuren, ende dit alles om niet, O onlijdelijcke Tormenten!

Soo dat door sijn Ghevanckenisse hy ghemaeckt wierdt tot een staeck, een doode block ofte eens menschen Schildery, dat oogen heeft ende niet en siet, dat handen heeft ende niet en voelt &c. Door sijn Geesselinghe trachteden sy hem tot een Schelm ofte tot een Slaef te maken; door het derde soorte van straffe, de Kaeck, tot een Bedrieger, ende Guychelaer, schuldigh aen valsheyt ende ontrouw: ende met hem de mont te sperren, tot een onvernuftich beest: ende aldus ten regard van den gantschen handel hem te berooven van sijn redelijcke ziele; Wreetheden die noyt als van Tygers ende Wolven bedocht zyn, onmenschlijcke gheslachten, Feritas luporum in humana figura. Maer dan noch wordt de sake seer beswaert door insicht van de Personen die soo wreet ende Tyrannisch sijn gheweest.

Dese Wreetheyt wirt bevolen t’executeeren door een hooge Hof van Justitie, makende professie vande Christelijcke Religie: persima est injustitia quæ fit sub colore Iustitiæ: Het is de grootste ongerechtigheyt onder den schijn van gerechtigheyt yemandt te verdrucken ende onrecht te doen. Hoe dickwils is het in dien Hove geresolveert, dat voor een Landt-richter ofte Constapel eenich twist of gekijf te maken. het tien-mael strenger straffe waerdich was, dan voor een ghemeen persoon? Om dat dat is het Sweert der Justitie te ghebruycken oft veel-eer misbruycken, tot verdedinghe van een onwettelijck actie, ’t welck geordonneert was om het selve tegen te staen ende te straffen.

2. De hoocheyt der Persoonen beswaert d’offencie, qualitas personæ auget peccatum Dat een Edel-man soude handelen tegens de reghel van een Adelijcke Wet, is meer te bestraffen, dan of het een ghemeene persoon dede. Men noemde desen Hof de Sterr-kamer, wegens de verhevenheyt der persoonen, die daer als Richters saten: Sterren van d’cerste groote, als zijnde het hoochste Hof van ordinary Justitie: Maer de Richters van Mr. Lilburne, in stee van kleet der gerechtigheyr aen te doen, waren van hoost tot voeten bekleet, ende hare conscientie ghesalft ende bedauwt met wreetheden ende ongerechricheyt; vermenght met den alder-vergistigste boosheyt dat oyt in’t herte van eenigh Richter opsteegh.

End al-hoe-wel errelijcke van hun doot zijn, de Justitie leeft al-hoe-wel de party doot is: Wat oock van hun persoonen bekommen mach zyn, hun goederen hoorden satisfactie te maken volgens hun eygen regel: Qui non luit in corpore, solvat in bursa. Wie aen ’t sichaem niet en lijdt, die mach in stjn beurse ghestrast worden.

Een voorneme Personage op desen bloedige-Treur-tonneel, was den Heer-Coventry, Bewearder des grooten Zegels, niet min uytmuntend’ in wreetheyt als in officie, Richter van de hoochste Richt-banck der Genade, de Cancellery, dewelcke de scherpte des Wets als het te streng is, wat modereert. Dat nu de opperste Richter van Genade tot sulcken Wildemans wreetheyt, noyt onder de Barbarische volckeren meer ghehoort, soude vervallen, wat is dat een hatelijcke saeckl om niet te seggen vanden onthalsden Aerts-Bisschop, die Monster van wreet ende loosheyt, wiens goederen wy vreesen met hem gestorven zyn, ende der-halven is daer weynich van te verwachten.

De Bisschop van Londen, doen-maels Heer Thresorier, was een vande principaelste Autenren van Mr. Lilburnes Sententie; by hun eygen Canones en staet gheen Bisschop toe, zyn handen aen bloer te leggen: om dat sy voorgeven, sachtmoedighe Schaep-herders te zyn: Maer wreetheyt is hun familiare Geest.

3. De Graesvan Aroudel was met een bitteren Geest inghenomen teghens Mr. Lilburne, niets als lijs-straffe en kond de hitte van zyn grammoedigheydt slissen; hy zijnd’ Graef Marshall, en kond niet onwetend zijn dat Iohn Lilburne een Edelman was, ende dat van et onde ende waerdighe familie: Nu voor eenen, die van Officie wage schuldich was allen Edel-lieden voor ongesijck ende schimp te verhoeden, dat die soo actif soude zijn hem soodanighe schandelijcke wreede lijf-straffe op te leggen, is cen uyttennate hooghe overtredinge tegens de Wetten van staet ende Eere. Het heeft wel-eer in dien Hoove strafbaer geweest, een verachtelijck woort tegens een Edelman te spreken, ende hoe dickwils heeftmen daer satisfactie verordineert om alleen ghe seght te hebben, dat sulck een gheen Edelman en was; ende dat lijckewel dat selfde Hof ende die selfde persoonen niet alleen geseght souden hebben tot cen Edelman dat hy een Schelm is, maet oock soo ghetracktecrt souden hebben als M. Lilburne van hun is ghetrackteert geweest, is de grootste schandael aen de publijcke Justitie des Koninckrijcks als oyt gehoort is geworden.

4. De Assisteerende Richters, die daer de Vaders des Rechts ghenoemt worden, ende daermen van seght, dat sy de Wet in hun boesem draghen, dat die sulcken ongherechtighen ende onwetrelijcken Sententie souden beginnen ende Promoveeren; dat die als Sentinellen ende Schiltwacht &illegible; zyn, om te waecken over de vryigheden des volcks, ende die te preserveren. Dar die een arme Edelman in de handen van onbarmhertige luyden souden overleveren was een offencie van uyttermate hoogen Natuer: Want hadden fy d’onwettelickheydt van die proceduren verclaert, ende daer tegens geprocedeert, gelijck sy Ampts halven schuldig waren te doen, dit mocht de Sententie voorghekomen ende ghestuyt hebben. Indien de Proceduren reghel-matigh haddea geweest by weghe van Informatie ende Examinatie oste ore tenus, ghelijckse niet en waren; ten ware daer cenich direct bewijs oste klaer-roepende omstandigheden ofte seer waerschijnlijcke presumptie ware, dat Mr. Lilburne schuldigh had gheweest van eenich hooghe Crimen, soo had het doch een schricklijcke saeck voor hun gheweest, tot sulcken wreede straffinghe hun assistentie verleent te hebben: Maer de pretencie niet anders sijnde, als nopende cenige van Doctor Bastwicks, Mr. Burtons oste Mr. Prynns Boecken, ’t welck sy wel wisten gheen breuck van vrede en kost zyn, ende dat inde Sterr-knmer, daer gheen Informatie en was, als in Mr. Lilburns sake om een Eedt te vorderen, ghelijck hetoock is in’t Hof van d’Hooge Commissie ende directelijck strijdende tegens ’t Petitie van Recht, gemaeckt in 3 Car. ende Richter Iones, en wasser geen rede van een Corpore straffe op te legghen.

Maer om dat Mr. Lilburne een Iongeling was, daerom was het ghevoechlijck dat hy ghestraft wirdt: is dit niet de gerechtigheyt in bitteren Alsem veranderen? Soodanighe Richters zijn tot allen tijden gheweest de ghevaerlickste Pesten des Lands ende des Rijcks, ende zyn wel eer om minder misdaet seer strenghelijck soo in hun persoonen als in hun goederen ghekastijdt gheworden. D’Heer Cottington was uyttermazen dorstig nae deses arme Edelmans bloet, ende de Hooge Commissarissen hadden hun handen alsoo diep daerinne als de reste, ten regard dat door hun order hy eerst ghevangen ghesedt wirdt; den alder ongerechtsten ende Tyrannisch order als oyt gehoort wirdt, een arme Edelman soo nae ’t gevanckenis te senden, sonder hem voor hun t’ ontbieden ende hem te vraghen, of hy oock aen eenigh misdaet schuldigh was; Een tresselijcke usurpatie ofte misbruyck des machts hun aen vertrouwt, nemende ’t Sweert der Justitie in hun eygen handen, niet daer om gevende of sy een arme Edelman ruineren, als sy maer saveur verkrijgen mogen by de Prelaten, hun grooten Patroonen; de se Hooge Commissarissen makende hun selven tot Richters, Suppieren ende Executeurs, ende wat niet? om desen ontschuldighen om te brenghen.

Het is aenmerckens waerdigh, wat strasse de Dienaers ende Executeurs van dese wreede Sententie gemeriteert hebben: want oock, wanneer aen den Sherieff oste Officier der Justitie een schristelijck order ghesonden wordt, hem gebiedende ’t lichaem eens Paers des Koninckrijcks oste eens gheprivilegeerden persoons in apprehensie te nemen, soo moet d’Officier sich met sijn Order excuseeren, hoe veel meer is hy respousabel wanneer de aen-ghedane straffe klaerlijck reghens de Wet Godts, der Natuer ende der Volckren is loopende als weicke soodanighe wreetheden ende onmenschlijckheden verbiet? Hun dan te doen bloeden over het bloet aen Mr. Lilburne vergoten, ware een eerlijck stuck van Justitie ende een exempel grootelijcks streckende tot seeckerheyt der Onderdanen in’t tockomende, ende d’Officieren souden sich ontsien voortaen soo oubarmhertigh wreet te zijn; ghelijck de Sherieffs, weghens ’t Schip-gelt hebben ghesmert, al-hoe-wel zy hun order hadden uyt den Exchequer.

’t Lijden van Mr. Lilb. is geweest meer als kan uytghedruckt worden, ende wat eerlicke herte of heest een scherp ghevoelen van yeder slagh hem ghegheven in zijn Ghevanckenisse, Geesselinge, staen op de Kaecke, Mont-spertinge, slaghen en stooten, uythougeringhe ende ligginghe in ysere Boeyen gheknevelt. Yder trouhertich Engelsman, die daer staet voor de Wetten ende Vryigheden des Onderdanen, wird soo gehandelt ende mishandelt met hem: Want wat hens wedervaren is, mocht alsoo wel aen yemandt anders ghebeurt zijn. Sijn middelen zijn dan hun wreetheden gants uytgheput, Sijn Neering daer hy sich mee gheneerde, (zijnde te vooren in een goede stijl van Koopmanschap, ende wel bekent in dat beroep seer vlijtigh ende verstandich gheweest te zijn,) verlooren: Een Man seer actijf tot het ghemeene beste, ende door zijn Meriten verkreghen hebbende den Tijtel van Lieutenant Colonel in desen teghenwoordighen Oorlogh, in’t Jaer. 1644. Wat recompentie van schade het Parlement sal gelieven hem toe te-wijsen ende ordonneeren, des gedraeght hy sich aen hun groote Wijsheydt ende Eerbaer Gherechticheyt. ’t Is seker genoech dat haerder nicmant soo veel lijden soude willen om tien duysent pont.

Het is des Heere groote ghenade dat hy noch leest, hebbende met soo veel swarigheden gheworstelt, ende zijnde door sulcken Zee van strassen ende elenden door ghecampt: Wel is waer, dat in ’t stuck van reparatie, gheen proportie en is russchen gelden ende soodanige corporele strassen voor een generoux gemoet. Lijckewel ghelijcker noyt onwaerdiger sake ende grooter oneer &illegible; de Justitie en is wedervarẽ als door dese Godloofe Sententie ende de wreede Executie van dien, waer by aen de gantsche Werelt als afgekondight wordt, dat een Engelschen Edelman tot een Slaef moet ghemaeckt worden om de boos-acrdighe ende bittere humeuren eens Tyrannischen Hove van Justitie te vernoegen.

Soo sal het oock eengroote eere ende reparatie zijn aen de publijcke Justitie deses Lands, Mr. Lilburne te geven ende toe te wijsen en Exempleris ende Proportioneel vergoedinghe van schade, te lichten uyt de goederen van sijne ongerechtige ende malicieuse Richters, om welcke ongerechtigheyts wille hy niet alleen soodanige wreetheden voor 3. Jaren langh heest uytgestaan, dat haerder niemandt diergelijcke soude willen uytstaan, noch een van sijne slaghen ontfangen voor vele duy senden, maer oock sijn Neering ende levens middelen verlooren heest.

De Politijcke Wet bracht mede Bloet voor Bloet, Oogh voor Oogh, Tant voor Tant, &c. Daniels beschuldighers wirden inder Leeuwen kuyle geworpen met hun &illegible; ende Kinders, al-hoe-wel Daniel door een sonderbare mirakel Godts, geen schade en had ontfanghen; In allen billickheyt ende ten opsicht van ’t gheen geseght, behoorde dan Mr. Lilburne een goede ende Proportioneele vergoedinghe te hebben uyt de goederen van sijne ongerechtighe Richters ende Pijnighers, die nae sijn bloet sochten, had niet Godt door sijn extraordinary Liefde ende gunste hem bewaert ende behoet.

Indiẽ de Leser begeert te weten, wat noot daer is, dit ten publijcken toon te stellẽ; daer op wort geãtoort; Dat alle man hier door ge-encourageert mocht worden God te looven ende ’t Parlement danck te weten, dat sy dien Tyrannische Hove der Ster-kamer hebben afgeschaft, welck erger was dan dat van Pluto ofte Rhodomanthus, want der selve strassinghe houdt men gerechtig te zijn. De Romaynen bieden twintigh pond voor ’t Model ofte Schildery van Nero, Heliogabalus, Caligula ende diergelijcke Monsters van ’t menschlijck gheslachte, op dat sy daer door occasie mochten hebben Godt te looven dat sy in die tijden niet en leesde, doen sulcke Tyrannen regeerden.

Ten anderen, op dat alle verslagene herten weder opgequeeckt mochten worden, ende moedt scheppen, dat de gherechtigheydt eens als een machtige Stroome af sal loopen, ende oock op de grootste offendanten haer executie doen, gelijcker nu goede hoope is, dat Mr. Lilburne door order des Parlements wel haest een goede reparatie sal hebben, voor sijn groot uytgestaane lijden hem toegeleght ende toegheweesen, uyt de goederen van sijne ongerechtige Richters, welcken hem sonder onkosten betaelt moge werden, die daer over tot soo Extraordinari onkosten is gebracht gheweest, op dat alsoo sijn reparatie niet alleen gherechtich zy, maer oock ter rechter tijdt hem gheschiede, waer door hy verobligeert sal sijn, zijn leven ende alles wat hem dierbaer is, als voor desen hy ghedaen heest, tot d’encouragement van andere ende voor sijne Eerbare Rechters in’t Parlement ten besten te waghen.

De boven-gedachte Order volcht aldus:

Op Vrijdach, den 13. Febr.

Alsoo op heden de saecke van Iohn Lilburne Edelman, door sijn Advocaet is aenghedient, van’t Huys der Ghemeenre herwaerts overgesonden sijnde, nopende een Sententie teghens hem in den Sterr-Camer uytghesproocken, den 13 Feb. in’t 13 jaer der Regeeringt van Charles, soo is, naer examinatie van de gantsche Procedure ende naer behoorlicke consideratie van de ghemelde Sententie, op desen dach by de Heeren in’t Parlement vergadert, gheoordeelt, gheordonneert ende beslooten, Dat de voorseyde Sententie, ende allen Proceduren van dien, van &illegible; voortaen voor eeuwich ende altoos gantschelijck gheannulleert, afgheschaft ende van de Rolle in allen Hooven daer zy noch hanghen souden moghen, afghenomen worden, als onwettelijck ende ongherechtich, strijdende teghens de Vryheyt des Onderdaens, de Wetten des Lands, ende Magna Charta, ende onbequaem op het Register te continueeren. Ende dat de voorsz. Lilburne van de voorsz. Sententie ende allen Proceduren van dien, voor eeuwich absoluyt vry ende gants ontslaghen sal sijn, alsoo volkomentlijck ende gheheel, als of sulcks noyt gheschiet ware. Ende dat alle Ordonnantie ende Proces in ’t Hoff des Exchequers tot beuringhe van eenich geltstrasse, indien daer eenich ware, gants vernieticht ende gheannulleert sullen worden, Niet teghenstaende wat ter contrary soude konnen inghebracht worden.

JOH BROWNE,

Clericus Parliamentor.

Watnu hier boven alreede geseght is, achteick ghenochsaem aen dach ghegheven te hebben de manier, grond ende oorsaeck van mijn geesselinge, ende dat het my niet overkomen is, als een straffe van ’tgeen de Wetten van Enghelandt Schelmery ofte &illegible; noemen, in’t minsten niet; maer dat het my alleenlick aenghedaen is geweest, als een middel om anderen een schrick aen te jaeghen, ende mijn ghemoet te breecken ende ter neder te vellen, om dat ick niet, als een dwase, mijn eyghen onschult en wilde verraden, ende de Vrijheden der Engelsche Natie inde onbarmhertighe handen der wreede Bisschoppen ende Heeren der Sterre-Camer, niet en wilde over-gheven. Ende soo veel zy geseght van dat stuck.

Nu ten anderen, een woort of twee tot die &illegible; die in mijn Logement nae my vraechden ende met vollen monde my als een Verrader ende Fielt verspraken: tot den welken ick &illegible; anders segge, dan dit: ’t Is waer, ick ben een yveraer gheweest ende ben in de Wapenen gheweest voor ’t Parlement teghens den overledenen Coninck, inden aenvangh des Krijghs: Ende ben noch in die Opinie, dat ick nae Rechten ende Billickheyt seer goede gronden had om my daer inne te rechtvaerdighen: Lijckewel soo langhe ick in Wapenen was, ben ick een manhastigh ende redelijck tegen-party geweest, ende en hebbe my noyt onwaerdiglijck ende oncivil betoont aen yemant wie het oock gheweest zy, die in de macht mijner genade zy ghevallen ofte mijn Gevanghen zy gheworden (der welcker niet weynich zyn geweest) want ick het altoos geoordeelt hebbe een sake so oneyndelijcken verre van een Man van conscientie, eere ende dapperheyt, wreet ofte onbeleest te zyn tegens zyn Vyandt, wanneer syn Geweer uyt syn handen ende hy andersins in syn discretie is gelaten: dat ick die nauwlijcks voor een mensch hebbe; &illegible; rekenen die sulcks gepleeght hebbe, ende en kan hem, noch, wie hy oock zy, gheen ander naem gheven, als ofte een volcomen onmenschlijck bloo-hals, oft een snoode overmoedigh Tyran.

Wel is waer, dat ick vast gheloove, dat de voornaemste beooginghe mijner Vyanden in my te bannen, geweest zy, dat sy hoopten, dat de ghedachtenisse van mijn voorrighen yver voor ’t Parlement, den een ofte den anderen desperaten Royalist oste yemanden anders in mijn buytens-lands-swervinge, occasie mocht geven, my op d’eene wijse ofte d’ander te vermoorden: Daer sy dan, als ick vertrouwe, geen kleyne vreucht aen scheppen souden, dat sy mijner soo ontslagen waren ende soo sraytjes hun revenge hadden, over dien laetsten val die door Gods goetheyt hun boosheyt ghegeven wirdt in mijn jongste Examen ende losspreking in Guid-Hall, oft ’t Stadt-huys van London. Maer tot hun, ende alle soodanighe die daer misschien hoopen dat ick hier door mocht tot een ongeluck komen, en segghe ick niet meer als dit: Dat al-hoewel Paulus door zyn Predikinge ende Leere alle der Heydenen Godts-dienst als by de &illegible; uytghetrocken had, ende des-weghen van hun niet anders geacht konde werden als den alder-pestilentiaelste van hun Tegen partijen: lijcke-wel op den dach zyner grootste benautheyt, doen hy door Schip-breuck in handen der Barbarische volkren was ghevallen, gas hy, ofte den Auteur ofte Schrijver deser Historie, dit ghetuyghenisse van hun, Dat de Barbaren hun gheen ghemeyne vriendelickheyt en bewesen. Overmits sy een groot vuyr ontstaken ende Paulum met den zyne in namen, om den Reghen die hun overquam ende om de koude. Act. 28. 2. Ende op den 7 vecreseght hy: Omtrent de selve plaetse hadde de voornaemste van’t Eylandt met name Publius syne Landt-hoeven, die ons ontfingh ende 3 daghen vriendelijck Herbergde. End’ ick wete dat Pauli Godtoock mijn Godt is, ende der-halven sal my selven stercken ende vertroosten mer dese zyne spreucke Rom. 8. 31. Is Godt voorons, wie sal teghens ons zyn? Want hy het is, die alle de herten der menschen kinderen in zyne handen heeft, ende die selve wendt ende neyght als Water-stroomen waer heenen ’t hem ghelieven sal. Prov. 21. 1. End’ hy heeft machts genoech in hem, wanneer eens menschen weghen hem behagen, dat hy syn grootste vyanden hem tot vrienden make Prov. 16. vers 6. Ende soo veel zy geseght van ’t Tweede.

Maer ten Derden, Ende dat voornaemlick ende in’t gemeen ben ick gheneghen cen weynich by te brenghen om het achterdencken wech te nemen, als of dit maer een ghemaeckt spel ware van ’t Parlement met hun Sententie over my te laten gaen, als of sy dat tot een deck-mantel ghedaen hadden, veel eer om my verdeckter wijse te gebruycken tot hun beooginge, als een Spion om hun van alles hier intelligencie te gheven, als uyt eenigh ernstigh desseyn my quaet te doen.

Daer tegens sal ick nu yets by-brengen, ende voore erst dit: Als voor een Spioen te wesen op eeniger wijse ter werelt, is mijn gemoet ende natuer soo contrary, dat ick liever had ghehangen te werden, dan rechtvaerdige oorsaeck te geven voor soo een absolutie Boes ende Gevainsde gehoude te werden, als cen Spioen zyn moet: Want sal hy een rechte kunstenaer in die Prosessie zyn ende sal hy een goede belooninge van zyn Meester die hem in ’t werck stelt verdienen, soo moet hy met zyn tonge ende &illegible; ende schijnende yverighe Protestatien een schoon semblant maken, yets te zyn in’t oogh daer in’t herte de sake contrary leyt, ende moet die man in zyn annen omhelsen als sijn liesste vriendt ende semblant maken als of zijn ziele met des anderen in een versinolten ware, daer hy doch op de selfde tijdt voor-heeft hem te verraden ende hem den beck te veeghen. Ende dit alles weet ick waerachtigh te zyn, om dat ick selfs in mijn laerste Ghevanckenis in den Tour, door verschey de van mijne Tegen-party des Mr. Scots Spioenen, soo ghetracteert ende bejegent ben geweest.

Oock moet een Spioen een man zyn, die sich over al in gheselschappen vervoeght ende lussich spendeert, om de luyden aenden dronck te helpen, op dat hy alsoo te lichter achter den gront haerder herte kome, de spreucke niet alleen ghemeen maer oock wacrachtigh zynde, Dat als den Dranck inde mensch is, dat dan ’t verstant daer uyt is. Sulcks alles is mijn Wesen ende Gesteltenis van gemoes so wedersannig, dat ick ’t vergist niet meer en hate als her pleegen van sulcke dingen.

Wel is waer, datick het daer voor houde, dat Mr. Scot, Secretaris vanden Raer van Staten in Engelandt, soo hier in dese Landen als Vranckrijck, jae oock in alle de Graef-schappen van Engelandt, seer vele Agenten ofte Bespieders heeft, ende verscheyde der selve soo groot Cavaliers ende Presbyterische als’er op aerden uytkomen moghen, die regens ’t Parlement hebben ghevochten: ende oock Mannen van anderen aert ende gronden: der-welcker ick eenen tot Middelburch ende in eenige andere Steden deser Landen meene gevonden te hebben, t’zedert mijn aenkompste in dese Quartieren. Welcker alle ofte meest van allen, misschien even soo veel voor hun selven ende met alsoo groote confidentie souden-moghen by-brenghen, als ick noch ghedaen hebbe. En derhalven ten opsicht van mijn eyghen vrede ende seeckerheyt, soo sal ick de vryheyt nemen al-hier in te voeghen ’t geen ick vertrouwe, dit stuck buyten alle twijffel sal stellen.

Ick was Advocaet ost Procureur voor mijn Oom George Lilburne, Esq. ofte, Wapendrager, ende voor Mr. Iosias Primate &c. wegens seker Kool-mynne hem inde Graesschap va Durham met kracht ende ghewelt ontnomen door Sir Arthur Hasilrig, welcken hy by sijn Certificatic op de waerdye van 5000 pond Sterl. s’ Jaers is reeckende: waer over de voorschreven Mr. Primate op den 23 December 1651 een Requeste presenteerde aen’t Parlement. In d’overleveringhe ende beleyt van welcke Requeste ick mede verscheen, ghelijck by de verklaerde Wetten van Engelandt ick met recht wel doen mocht. De Copije van wolcke Requeste luydt aldus.

A true relation of the materiall passages of Lieut. Col. Iohn Lilburnes sufferings, as they were represented and proved before the Right Honourable, the House of Peeres, in Parliament assembled, the 13. day of this instant Feb. 1645. Unto which is annexed their Lordships order, made upon the hearing, of the cause.

MR. BRADSHAW, and Mr. COOKE being assigned for Counsell with the said Mr. Lilburn; Mr. BRADSHAW, having succinctly, and so truly opened the case, as if he had been an eye-witnesse of his Clyents sufferings; and acquainted their LORDSHIPS, that the same had received a full and solemn heaving before a Committee of the honourable HOVSE of COMMONS: upon whose report it was by that honourable HOSVE, May 4. 1641. Resolved upon the question, That the sentence of the Star-Chamber given against Iohn Lilburne, is illegall, and against the liberty of the Subject, and also, BLOODY, WICKED, CRVEL, BARBAROVS, and TYRANNICAL, and likewise furt her Resolved upon the Questions; that, reparations ought to be given to Mr. Lilburne, for his inprisonments, sufferings, and losses, susteyned by that illegall sentence, And now my LORDS they have transmitted them up to your LORDSHIPS, by whose noble favour and justice we are now before your Honours, to lay open the illegallity of that sentence, and all the procedings thereupon, and to crave your Lord ships justice for reparations, proportionable to our Clyents sufferings.

And in the first place he presented an order, whereby Mr. Lilburn was first illegally attached, and committed to the prison of the by shops Gate-house by the members of the high commission court; which was reade in those wards.

Sexto Decemb. Anno Dom. 1637.

Emanavit Attach. Direct. Wragge, & Flaamsteed, pro Corporis Capt. Iohannis Lilburne de Civitate London, ad immediate admittend &c. Signat per Lambe, Gwyn & Aylett. } Ex directione Baker Cleri. Cappellani Lond.

Exam. Edwardus Latham Reg. Regij. Deput.

The English of wich thus followeth, The sixt of Decemb. 1637.

There issued an attachment directed to Wragge and Flaamsteed, for the taking of the body of Iohn Lilburn, of the City of the Lond. and to bring him imediatly, &c. Signed by Lambe, Gwyne, and Aylett. } By direction of the Court. Baker Clark chapline.

Examined by Edward Latham Deputy of the Register.

Which order being read, Mr. Bradshaw observed, that the original imprisonment it self, was illegal; because they never convented Mr. Lilburn to speak for himself, nor examined him upon any crime, but my Lords, it is no marvel that such kind of injustice as this, proceeded from those High Commissioners, because it was their usuall practice to be attachers, judges, jaylors, and executiones themselves, without regard of any legal way of proceedings, then M. BRADSHAW in the second place desired their Lordships, that the sentence against M. Lilburn in the Star-chamber, might also be read, which was accordingly done. viz.

In Cam. Stel. coram Conc. Ibidem 13. Die Feb. Anno Decimo tertio Car. Reg.

Lord Coventry, Lord Keeper, &c.

Whereas upon information to this Court, the 9th of this instant Febr. by Sir IOHN BANCKS knight, his Maiesties Aturney general, that Iohn Lilburn, and Iohn Wharton then present at the Barre, were the 24. of lan. last, ordered to be examined upon interrogatories, touching their unlawfull printing, publishing, and dispersing of libellous and seditious bookes, contrary to the decree of this Court, which was verified by Affidavitt, and being brought up to the Office to appear and be examined, the saith Lilburn refused to* appear, &. both of them denyed to take an oath to make true answer to the interrogatories, as appeared by the certificate of Mr. Goad, Deputy, Clark of this Court. The Court did on that day order, that their appearances should again be recorded, they being present in Court as aforesaid; And that in respect the said delinquents did then again contemptuously refuse, to take their oaths, tendred unto them in open Court, they should be remanded to the prison of the Fleet, there to remain close prisonners, until they conform themselves in obedience to take their oaths, and be examined, and that unlesse they did take their oaths, and yeild to be examined by munday night then next following, and now last past, their LORDSHIPS would on this sitting day, proceed to a censure against them for their contempts therein.

Now this day the said Lilburn and Wharton, being again brought unto the Barr; his Majesties said Atturney informed this Honourable Court, that they still continued in their former obstinacy, and contemptuously refused to take their oaths, to make true answer to the* interrogatories, although they had been sent for, and their oaths offered to be give unto them, by M. Goad Deputy, Clerk of this Court; who now certified the same in Court. And therfore his Maiesties said Aturney humbly prayed on his Maiesties behalf, that their Lordships would now proceded to censure against the said Delinquents for their great contempts and Disobedience therein. Whereupon their Lordships endeavoured by fair perswasions to draw them to conformity and obedience, and withall offered, that if yet they would submit and take their oathes, their Lordships would accept thereof, and not proceed to censure against them, but such was the insufferable disobedience and contempt of the said Delinquents, that they still persisted in their former obstinacy, and wilfully refused to take their oaths: In respect whereof, the whole Court did with an unanimous consent, declare & adiudge the said Lilburn & Wharton guilty of a very high comtempt, & offence of dangerous consequence, and evill example, and worthy to undergoe a very sharp, exemplary and severe censure, which may deterre others from the like presumptuous boldnes, in refusing to take a legal* oath, without which many great & exorbitant offences to the prejudice and danger of his Majesty, his Kingdoms, and loving Subiects might go away undiscovered, and unpunished, & therefore their Lordships have now Ordered, Adjudged, and Decreed, That the said Lilburn, and Wharton, shall be remanded to the Fleet, there to remain untill they conform themselves in obedience to the Orders of this Court, and that they shall pay five hundred pounds a peece, for their severall fines to his Majesties use. And before their in largements out of the Fleet, become bound with good sureties for their good behaviour: And to the end that others may be the more deterred from dareing to offend in the like kind hereafter, The Court bath further ordered and decreed. That the said Iohn Lilburne shall bee whipt through the streets from he Prison of the Fleet unto the Pillors, to be erected at such time, and in such place as this Court shall hold sitt and Direct, and that both he and the said Wharton shall be &illegible; then set in the said Pillory and from thence be returned to the Fleet, there to remaine according to this Decreet.

Iohn Arthur Dep.

At the concluding of which M. Bradshaw, observed that this sentence was Felo de se guilty of it’s owne death, the ground whereof being be cause M. Lilb. refused to take an oath to answer to all such questions as should bee demanded of him, it beeing contrary to the awes of God, nature, and the Kingdome, for any man to be his own accuser, the execution of which cruel and bloody sentence was prooved by severall witnesses of quality and good repute upon oath at their Lordships barre, the substance of whose testimony was. In the first place, M. Thomas Smith Marchant, upon his oath declared to their Lordships, that he saw M. Lilb. tyed to a Cart at Fleetbridge being stript from the wast upward, and whipe from thence to West-minster, and that so neare as hee was able to judge every 2. 3. or 4. steps he had a lash, with a whip, that he was sure had 2 or 3 cords tyed full of knots, and for the number hee did not judge them so few at 500. and he thought that if he should say 500. and 500. he should not say amisse; but 500. he was confident was the least, and that he saw him set upon the Pillory, &c. the officers being very cruel towards him, or any that spoke unto him.

The next witnesse was Mrs. Mary Dorman, the substa &illegible; of whose testimony upon hath was, that the saw Mr. Lilburne whipt from Fleet bridge to West-minster, in such a barbarous, and cruell manner, that she was not able to expresse it, and that thee did beleeve both his shoulders were swelled almost as big as a penny loase, with the bruses of the knotted Cords: and that she did see him set upon the Pillory immediately, above the space of 2 hours bare head, the sunne shining very hot, and he took occasion to declare the unjustnesse of his sentence, upon which the warden of the Fleet caused him to bee gagged, above an hour, and did it with such cruelty, that he made his mouth to bleed.

Mr. Higs his Chirurgion testified upon oath, to this effect, that he did not see his patient Mr. Lilburne whips, but being desired to performe the office of a Chirurgion to him, be that day drest his backe, which was one of the miserablest that ever he did see: for the wheales in his back, made by his cruel whipping, were bigger then Tobacco-pipes, and that he saw him set in the Pillory, and gagged.

And Mr. Thomas haws upon oath testified to this effect, that he did see Mr. Lilburn set upon the Pillory above (as he judged) the space of 2. hours, the &illegible; shining very hot, and they would not suffer him to have any cover upon his head, and he taking occasion to speake of the Bishops cruelty towards him, and how unjustly they had caused him to be deale with, the warden of the Fleet caused him to be gagged in such a cruel manner, as if &illegible; would have torne his jawes in peeces, in so much that the blood came out of his mouth.

In the next place, A second Sentence made in the inner Star-Chamber was read, which thus followeth.

At the inner Starr-Chamber the 18 of April, Anno Dom. 1638 present. Lord Arch-Bishops of Canterbury; Lord Keeper; Lord Treasurer: Lord Privy scale: Earle Marshall: Earle of Salsbury; Lord Cottington; Lord Newburge, Secretary Cooke, and Secretary Windebanke.

Whereas John Lilburne Prisoner in the Fleet, by Sentence in Star-Chamber, did this day suffer Condigne punishment for his severall offences, by Whipping at a Cart, and standing in the Pillory; and as their Lordships were this day informed during the time that his body was under the said execution, Audaciously and wickedly, did not only utter sundry Scandalous speeches, but likewise scattered divers Coppies of sedicious Books amongst the People that beheld the said execution, for which very thing, amongst other offences of like nature, he hath beene Censured in the said Court, by the aforesaid sentence; It is therefore by their Lordships ordered, that the said Iohn Lilburne, should de laid alone with yrons, on his Hands and Leggs, in the wards of the Fleet, where the basest and meanest sore of Prisoners are used to be put; And that the Warden of the Fleet, take especial care to hinder the resort of any persons whatsoever unto him; And particulary, that he be not supplyed with money from any friend: And that he take especiall notice of all letters, writings and Books brought unto him, and seiz and deliver the same unto their Lordships: And take notice from time to time who they be that resort unto the said prison, to visite the said Lilburne, or to speake with him, and informe the Board thereof. And it was lastly ordered, that all persons that shall be hereafter produced to Receive Corporal punishment, according to the decree of that Court, or by order of the Board, shall have their garments, searched before they bee brought forth and neither writing nor other things suffered to be about them; and their hands likewise to be bound, during the time they are under punishment, wheretogether with the other premisses, she said Warden of the Fleet, is hereby required, to take notice, and to take especial care, that this their Lordships order be accordingly observed.

Examined per Dudley Carleton.

And the execution of this latter Sentence in a most Barbarous and inhumane manner, was punctually proved by sufficient witnesses: the substance of which thus followeth. viz, Mr. Higs his Chirurgion testified, that that night Mr. Lilburne suffered, he was had back to the Fleet, & repaireing to D. Grant, to crave his advice, he advised him to let his patient blood, to prevent a Feaver, and hee accordingly came the next morning to the Fleet to let his patient blood and dresse his sores, but he found him locked up close in a room, and was by the Officers of the Fleet denied accesie unto him: whereupon he immediatly went to the warden being then at Westminster, who denied him accesse to the said Mr. Lilburne, till the afternoone that he came home; which was a great act of Crueltie, and much to the danger of Mr. Lilburns health and welfare, and the next day they removed him downe to the Common Goale, where they laid him in Irons, and severall times wounded him to the extreame hazard of his life, and severall times denied me accesse to him in his extremity.

Dr. Hubbart Iust of the Peace, made oath to this effect; that when Mr. Lilburne mas prisoner in the Fleet, he was desired as Phisition to visite him, and going so to do, hee was againe and againe denied accesse to him, but upon much importunity to the warden, he was admitted to him, whom he found in an extreame violent Feaver, lying in Irons upon both hands and leggs, to the extreame hazard of his life.

Mrs. Mary Dorman further declared that after Mr. Lilburne had suffered, thee went often to visit him; who was laid in yrons, and his freinds denyed accesse to him; and that the officers of the Fleet strongly indeavoured to starve him; so that many times his freinds were forced to bring his meat to the poor mans bag, and give them mony to convey it to him through a hole in a wall betwixt them and him.

M. Th. Haws further declared that after Mr. Lilburne suffered, he often went to visit him, and was beate by the Iaylors and was in danger to have lost his life for so doing, and that they so strongly laboured to starve Mr. Lilburne, that they were forced to convey his dyet to him by the the poor men that begged at the grate, but the Iaylors finding out that Mr. Lilburne got his diet that way, they dealt so cruelly with the poor men, that Mr. Lilburne was deprived of that way of reliefe and then his friends got the sonne of one Archer, that was a prisonner in the next room to him, (for accusing the Deputy of Yreland for murthering one Esmond,) to convay his victuals to him: which was done by stealth through a hole where a board was pul’d up in his fleore, when the rest of the prisoners were at the Chappel at service; And my Lords divers times the conveying of his meat to him, cost him and his friends upon the prisoners, &c. more then the meat it selfe.

Robbert Ellis late fellow prisonner with Mr. Lilburne in the Fleet, declared upon oath before their Lordships, than the Officers of the Fleet having brought him into the common Goale of ye prison, dealt with him very Barberously & cruely, laying him for a long time in jron chaines, detaining his friends and his dis from him, and at divers times had very neere kild and murdered him, had he not assisted him. Because of which they took his bed from him and cast him out of the Charity and kept him the space of 5 weekee in a filthy hole or dungion and had almost murdered him & afterwards sent him to the Kings Bench prison, that so they might the better have their wills on M. Lilb. &c.

The honorable Lords being satisfied about th’ unrigteousnesse and illegallity of these proceedings, M. Bradshow said that he conceaved that there was no man in the Kingdome whose sufferances were so great, as these of his Clients. For a Gentleman to be so cruely tortured, and whipt, pillored, gaggad, shut up close prisonner, loden with yron chaines, beaten and wounded, & that against all lawes, is an unheard of cruelty, and therefore it is to be hoped, that for such unparralled sufferances and oppressions, the good hand of your Honorable Lordships justice wil allow & affoord him unparralled Dammages, & although many of his judges, who did him these injuries are now dead, nevertheles that he hoped that the good of your Lordships justice, jointly with the House of Commons, shal wel reach so farre; as to seize upon their remaining goods & estats and to make him a speedy, rich and unparalled satisfaction.

For by force hereof, that with followeth and much more might have been alledged and noted, as indeed Mr. Cooke had purposed to doe, except the Counsell had perceived that upon the meere relation of those terrible torments and suffrances inflicted on him, there was already a noble spirit of Iustice flowing in their Honorable Lordschips veines: For what hert so hard but must meeds mels, to heare of a poore Gentleman so cruely dealt withsmuch more there Honorable Lordschips, whose blood is so noble, must therefor meeds be more sensible of such an unchristian dealing and dishonour unto a poore Gentleman, than ignoble spirits kan have.

The punishment inflicted on him may be reduced to 4 Heads.

1. His Imprisonement, wherby a man is buried alive, looseth his comfort & the enjoyment of his five senses, and is made Corpus immobile legis. True it is, that this in himselfe is the easiest of all corporal punishments: but the continuance there of makes it such a lingering consumption, that it is better to lay one houre one the racke, then to lay one year in prison. It is better to be once wet unto the skin, than to stand continualy under a dropping canal. Especialy for an active and liuely spirit there is nothing so painefull, as to be deprived of his freedome, and therefore that same actiue Theseus was condemned alone to sit stil. Of this misery there is no end, as the heathen persecuting tyrants said Nondum tibi redii in gratiam. To deliver man out of paine had alwayes ben accounted a favour: But the imprisonement of M. Lilburne was aggravated with three further degrees.

The first, A clot imprisonment, where his nearest friends meight not come to him. We find not, that any of the primitive Christians were soe dealt with by the Tyrants, for than that heavy charge in the Scripture, I was in prison & thou hast not visited me, could have been answered Iea, & sometimes the Chirurgien himselfe was deined to come to Mr. Lilburne to care him; as alsoe the Phisician when he laid in a burning feaver; a cruelty unheard of even amongst Turks, for they ever haue a care of their slaves in their sicknesses, & fatten them that the better they may be enabled to beare their labour and beatings: but it is more than excident enough, that those that were Mr. Lilburnes malicious ennemies, were but too much thirsting after his blood.

The second, Those which kept him, had order to have a care that no mony be conveyed to him; which was a signe they intended to have starved him. The Prophet sayes: It is beter to die be the Sword than by famine: which is the greatest of all torments. For al torments can yet be boren with patience except onely famine; for the more man thinks on it to beare it patiently, the more it rules violently: Doubtesse had not some poore fellow prisonners been stirred up with compassion, Mr. Lilburne had been starved. A farre more grieveous punisment than any of the 4 usual amongst the Romains, as lapidatio, combustio, decollatio & strangulatio. That is to say, stoneing, burning, beheading and hangingh. How severely, yet justly, have ofter times the same judges punished, when onely a man had a purpose to impoison or to murther another? The inducements to murther, yea the giueing a man the lye, as being a preparatiue to murther, by provoking to strife and quarrel, how censurable was that in that Court? a multo fortiori, how much more, and with how much stronger reason in this case, where already so many crueltys were exercised, that in all likelyhood death had followed, had not God through his extraordinary mercy supported him in these grieveous sufferances. These unjust judges for this their transgression not onely of all the bounds of humaine equity, but alsoe all the rules of their owne ordinary preceedings, ought to give Mr. Lilburne just satisfaction.

Thirdly, this Imprisonment lasted about there years, til he acquainted the Parlement with his Cause & was &illegible; by them. The first motions of anger are often times not in the power of man: Because he would not accuse him selfe as they would he should doe, (which was &illegible; his offence) They maight in an heat of passion have caused him to be committed, & meight have suffered the sunne to goe downe upon their anger; Yea the Moone meight have made once &illegible; Circuit or prearroganation, or the heat of the Summer meight haue melted their frozen conscience, or the cold winter meight yet have assuaged the fervancy of their indignation: But no, their indignation and malice continued three yeares, and had he not been &illegible; by the Iustice of the Parlement, very like he had continued for ever in that condition.

2. His whipping, a very paineful and thamefull punishment. To be beaten with a whipp or a rod, &illegible; for slaves and &illegible; rogues and knaves. In the eleventh jeare of Elisabeths reigne, there was one Cartwright that had brought a slave out of Russia and would cruely whipp him: for which he being cald in Question, it was concluded, that England was too pure an aire, for slaves to &illegible; in. And often hath &illegible; been resolved in the Star-chamber that no Gentleman whatever offence he meight have committed meight be whipt; yet it is known, wel enough, that the Ancestors of John Lilburne are ancient Gentlemen; where of his judges alsoe could not be ignorant: Especialy the Earle Marshal; who hath it is presumed the meanes of knowing all the &illegible; families of the Kingdome, And yet they have caused him to be whipt in such a manner, that the like me never read of amongst the Assirians, Persians, Greecks and Romains.

For First, It was from the Fleet to West-minster (aboue an houres going) where a great multitude and concourse of people looke on him, as though he had been some poore & base slave.

Secondly, he receaved every two or three steps a stroke, in all at least 500 strokes: For a certain merchant M. Smith, that went along with him, testified, that as much he could judge, Mr. Lilburne receaved 500 or 1000 strokes: of the formost he was sure and certain: and that with a whip of three cordes, having at least 20 knops upon it.

Amongst the Romaines never any mælofactor received aboue 40 strokes and each strippe was accounted for three &illegible; for the whip had three cordes and but one knot at the end of each corde of every thong,* S. Paul received 39 stripes, which was but thirteen blowes. Not long since in Orleans A Priest was sentenced to be whipt for fornication, having abused a poor maid, telling her that their popish St. Francis would come and lie with her such a night, at which time he personated and feigned himself to be St. Francis, and was taken in bed with her; and it was earnestly pressed by the Kings Advocates, that he might receive fourteen blowes with a three corded whip, which is constantly used for such &illegible; because it was an &illegible; &illegible; but the Iudges would &illegible; suffer him to have above thirteen blowes, because ampliandi sunt &illegible; favours are to be inlarged, and in doubtfull matters it must all &illegible; be presumed for clemency and gentlenes, according to which accompt, Mr. Lilburne received 10000 stripes: For in every blow there was twenty stripes, by reason of the twenty knots, which being multiplied, is 10000, and in every stripe there was shame and pain, compression of the flesh, brusings and effusion of blood.

3. The Pilory, a punishment something painfull, but exceeding shamefull, and most terrible to a generous nature, to stand two hours in the open vieu of all men, as if he had been unworthy to tread upon the earth, the sun shining very hot upon him, and not suffered to keep on his hat, and this immediately after his cruell whipping, that so they might put him to all the torture and pain that they could, argues abundance of wrath and malice.

This punishment of standing upon the pilory, was first invented for Mountebancks and cheats, that having gotten upon bancks and formes, to wrong and abuse the people, were exalted in the same kind, to stand conspicuous to the view and open shame of the people, but for a Gentleman to be so served, was never heard of, unlesse by that cruell Court.

4. Gagging, an unmanly and barbarous cruelty, to be exercised upon beasts, not men, for man differs from brutes, both ratione & oratione, in reason, & speech, A punishment never heard of in any age, cutting out of tongues, and perforation in cases of &illegible; have been heard of, but never in a matter of such a nature; and this to continue for above an &illegible; till the blood gucht out of his mouth, as if they would have pluckt his &illegible; in peeces, and all this for nothing, O insufferable torments!

So that by his imprisonment he was made a stock, a dead trunk, or picture of a man, that hath eyes and &illegible; not, hands and handles not, &c. by whipping they indeavoured to make him a rogue, or a slave, by the third punishment of the pilory, to make him a &illegible; guilty of forgery and perjury, and by gagging, to make him a &illegible; and so upon the whole matter to deprive him of his reasonable soul, such cruelties that were never invented but by Tygers and Wolves, in humane shapes, feritas Luporum, in humana figura. But then the persons that were so cruel and Tyrannicall aggravates the offence.

This cruelty was commanded to bee executed by an eminent Court of Iustice, professing Christianity pessima est injustitia quę fit sub colore justitie: Tis the greatest injustice to oppresse and doe injurie under a pretence of justice, how often was it resolved in that Court, that for a Iustice of Peace or Constable to commit a riot, was Tenne times more severely punishable then in a common person, Because it is to use or rather abuse that sword of Authority, to commit or countenance an unlawfull action, which was ordained and put into their hands to suppresse it.

2. The Eminency of the persons augments the offence, qualitas persone auget peccatum; for a Gentleman to act against the rule of the Law and Gentility, is more reprehensible then in vulgar persons; It was called the Court of Star-Chamber, from the eminency of the persons, which were judges Stars of the greater magnitudes, as being the highest Court of ordinary Iustice; but M. Lilburnes judges instead of putting on the garment of Iustice, were cloathed from head to Feet and their conscience oyled and moistned with cruelty and injustice, mixed with the most poysoned malice that ever entred into the hearts of any judges.

And though some of them be dead, yet justice lives though the party bee dead, whatsoever becomes of them, their estates ought to make satisfaction according to their own rules, qui non luet in corpore solvat in bursa, be that suffers not in his body, must suffer in his purse.

A principall actor in this bloody Tragedy, was the Lord Keeper Coventry, not lesse eminent in cruelty then in place, judge of the highest state of mercy, the Chancery, which abated the edge of the Law, when it is too keen; For the chiefe judge of mercy to degenerate into a savage cruelty, not heard of amongst the Barbarians, how haynous is it? Not to speake any thing of the decapitated Arch-Bishop, that monster of cruelty and subtlety, whose estate we feare is dead with him, and therefore litle can bee expected from it.

The Bishop of London then Lord Threasurer, was a principall sentencer of Mr. Lilburne; by their own Cannons; no Bishop ought to have a hand in blood, because they pretend to be mild Shepheards, But Cruelty was their Genius.

3. The Earl of Arundel was of an in bittered spirit against Mr. Lilburne, nothing but Corporell punishment would alay the heat of his malice, who being Earl Marshal, could not be ignorant that Iohn Lilburne was a Gentleman & that of an anncient & worthy family, For him that by his place was to protect all Gentlemen from injuries & scornes, to bee active in the infflicting such Corporall Ignominoue cruel punishments upon a Gentleman! is a transcendent transgression against the Lawes of State and Honor. It hath beene Censurable in that Court, to speake Contemptious words of a Gentleman, and how often had hee ordered satisfaction, for saying such a one is no Gentleman, and yet the same Court & persons not onely to say a Gentleman is a Rogue, but so to use him as Mr. Lilburne was, is the greatest scandall to the publick Iustice of the Kingdome, that hath been heard of.

4. The Iudges Assistants that are called the Fathers of the Law, and are said to carry the Law in their breasts, for them to begin and promote such an unjust and illegall sentence, For them that are set as Centinels to watch over and preserve the peoples liberties, to betray a poore Gentleman into the hands of mercilessemen, was an offence of an exceeding high nature, for had they declared the Illegallity of those proceedings, and protested against it, as by vertue of their places (in duty) they ought to have done, it might have prevented the sentence. If the proceedings had beene regular by informations, and examinations, or ore tenus, as it was not, unlesse there had beene some direct proofe or speaking Circumstance or very probable presumption, that Mr. Lilburne had been Guilty of some high crime, it had been a grievous thing in them to have assisted in so cruel punishments: but when the pretence was no other, but concerning some of Doctor Bastwicks, Mr. Burtons, or Mr. Prynus Booker, which they knew could not be any breach of the peace, and that in the Star-Chamber, wherethere was no information, as in Mr. Lilburnes case to administer an oath was all one, with the High Commission, and directly contrary to the Petition of Right made in 3 Car. and Justice Iones had no reason for insticting the Corporall punishment.

But because Mr. Lilburn was a young man, therefore it was fit he should be punished. Is not his to turn Iustice in to Wormwood? such Iudges have ever been the most dangerous posts to a State and Kingdomes and in former times for lesse offence, most severely punishe in their persons and estates. The Lord Cottington thirsted exceedingly after the blood of this poore Gentleman, and the High Commissioners had their hands as deep as any of the rest, in regard that by their warrant he was first committed; the most unjust and Tyrannicall that ever was heard of, to command a poore Gentlema to bee sent to prison, without conventing him before them, or asking him whether hee was guilty of any misdemeanor; a meer usurpation of authority, taking the Sword of Iustice into their own hands, not Caring to destroy a poore Gentleman, so as they might Curry favour with the Prelates their Grand Patrons, those high Commissioners making themselves Iudges, Iaylors, and Executioners, and what not? to destroy the innocent?

It is considerable what punishment the Iaylors and excutioners of this cruel sentence have deserved; for however if a writ be directed to a Sheriffe Commanding him to take the body of one who is a Peere of the Realme, or a priviledged person, the Officier is excused by his warrant, yet when punishments are clearly against the Law of God, Nature, and Nations, which prohibit all such cruelties and inhumanities: To make them bleed for the blood of Mr. Lilburne, would bee an honourable peece of Iustice, and a President of much safety to the subjects in after times, and officers would not dare to be so unmercifully Cruel; as the Sheriffs smarted for the Ship-mony, though they had processe from the Exchequer.

Mr. Lilburnes sufferings are beyond expressions, and no honest heart but is feelingly sensible of every blow that was-given him; In his Imprisonment, Wipping, Pillory, Gagging, Beatings, Hongerbiteings, and the Trons laid upon him. Every true hearted Englisman, that stands for the Laws and Liberties of the Subject, was so used, and abused; for it might have beene any such mans case, as well as his. His estate quite exhausted by their cruelties. His Trade lost, whereby he gained his livelyhood, beeing before that time in a hopefull way of a marchant, and well known to bee very industrous in his calling; A man Active for the publique, and by his Merits hath procured the title of Lieutenant Colonel in the present wars in the yeare 1644. What dammages the Parliament will be pleased to adjudge and order him, hee humbly submits to their great wisedomes and Honourable Iustice: Certainly not any of them would have suffered so much for ten Thousand pounds.

It is the Lords great mercy that he is yet alive, having conflicted with, & gone through such a sea of Punishments & miseries: True it is, that in point of reparations, there is no proportion between monies and such corporall punishments, to a generous spirit: yet as there was never more indignity and a greater dishonour to the justice of the Kingdom, then by this wicked sentence, and the cruel execution thereof, thereby proclaiming it to all the world that an English Gentleman must be made a slave to satisfie the malicious and &illegible; humors of a Tyrannicall Court of Iustice.

So it will be a very great honour and reparation to the publique justice of this Land, to give and adjudge Mr. Lilburne exemplary and proportionable dammages to be levied out of the estates of his unjust and malicious Iudges, through whose injustice he not onely suffered such cruelties for three yeares, that not one of them would have suffered the like, nor received one of his stripes for many thousands, but loft his trade and livelyhood.

The judiciall law, was blood for blood, an eye for eye, tooth for tooth, &c. Daniels accusers were cast into the Den of Lyons, with their wives and children, though Daniel had no hurt, by a miracle of mercy, by the equity and morality whereof, Mr. Lilburne ought to have good and proportionable reparation out of the estates of his unjust judges and &illegible; who sought for his blood: but that God preserved him by his extraordinary love and favour.

If the Reader desire to know what necessity there is in exposing this to publike view, It is answered. That all men may be hereby incouraged to praise God, and return thanks to the Parliament, for suppressing that Tyrannicall Court of Star-chamber, which was worse then that of Pluto or Rodomanthus, for those punishments are supposed to be just: The Romans will give twenty pounds for a model or picture of Nero, Heliogabalus, Caligula, or those monsters of mankind, that so they may take occasion to praise God that they live not in the times of such cruell Tyrants.

Secondly, that all drooping spirits may chear up and be incouraged that Iustice will run down like a mighty stream, when it shall be executed upon the greatest offenders: as now there is good hopes that M. Lilburne shall by Ordinance of Parliament have speedily good dammages, answerable to his great sufferings, ordered and adjudged him to be raised out of the estates of his unjust Iudges, that may be paid unto him without further expence, who hath been at such extraordinary charges about the same, that so his reparation may be not onely just, but seasonable, by which he shall be obliged to venter his life, and all that is dear to him, as formely he hath done (to the incouragement of others) and for his honorable Iudges in Parliament assemble.

The aforementioned Order thus followeth:

Die Veneris, 13. Febr. 1645.

Where as the cause of John Lilburne Gentleman came this day to a hearing at the Barre by his Counsell, being transmitted from the House of Commons, concerning a sentence pronounced against him in the Star-chamber 13. Febr. anno 13. Car. Reg. and after an examination of the whole proceedings, and a due consideration of the said sentence, It is this day adjudged, ordered, and determined by the Lords in Parliament assembled; That the said Sentence, and all proceedings thereupon, shall forth with be for ever totally &illegible; obliterated, and taken of the file in all Courts 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 that the said Lilburne shall be for ever absolutely freed, and totally discharged from the said Sentence, and all proceedings thereupon, as fully and amply, &illegible; though never any such thing had been. And that all estreat and proces in the Court of Exchequer for leveing of any fine, (if any such be) shall be wholy cancelled and made void, Any thing to the contrary in any wise notwithstanding.

JOH. BROWNE,

Clericus Parliamentor.

What hath bin before already said, I suppose may be sufficient to evince, the manner, ground & cause of my whipping & that it was not executed upon me, as the recompence of that which the Law of England calls roguery or vilany in the least, but only arbitrarily inflicted upon me as a meanes to terrifie others and to breake & debase my spirit, because I would not like a fole betray mine owne innocency & the Liberties of the English Nation, into the mercyles & encroaching hands of the cruell Bishops & Starr-chamber Lords. And so much for that point.

Now a word or two in the second place to those Gentlemen that enquired for me at my lodgeing & with open mouth reproached me as a traitor & vilaine, to whom I say no more but this. It is true I was a zelot & in armes for the Parliament, against the late King, in the beginning of the ware; & I am yet of Opinion I had verie good grounds in Law & Equity to justifie me therein. But yet while I was in Armes, I was a manly & a &illegible; adversarie & never base or uncivil to anie man whatever that &illegible; into the power of my mercy, or became my prisoner, (and they were not few who came into such a condition) allwayes judgeing it so infinitely below a man of Conscience, honour or gallantrie to be cruell or unhandsome to his adversarie, when his wheapon it out of his Land, or he any other way at his mercy: That I have scarce judged him so much as a man, that hath practis’d it, and still can give him whatever he bee, no other name, but either a perfect unmanly coward, or a base insulting Tyrant, that doth practice it.

Its true, I doe confidently beleive that the greatest designe of the chiefest of my adversaries in Banishing of me, was their hopes, that the remembrance of my former zeale for the Parliament might cause me in my &illegible; by some desperate &illegible; or other in some base way to be murthered. At which I beleive they would not a litle &illegible; that they had so got rid of me, & bin so handsomly reveng’d of me, for the late foile that was given to their malice through the goodnes of God, at my late triall & acquittall at the Guild or Towne-Hall of London. But unto them & all such, as those, that it may bee they hope may doe me a mischeife, I say no more but this, That although Paul by his preaching & Doctrine, pluckt up all the Heathen worship by the rootes & in that respect could not choose but be steemed by them as the pestilentest of their adversaries: yet in the day of his great distrest, when that by his Shipwrack he was fallen into the hands of the Barbarians, he himselfe or the author of that History gives this testimony of them, That the Barbarous people shewed him & his companie no little kindnes. For they kindled a fire & received them every one, because of the present raine & because of the cold, Act. 28. 2. & saith he verse 7, in the same quarters were possessions of the cheife man of the Island, who received us & lodged us three days courteously. And I know that Pauls God is my God & therefore shall stay & comfort my selfe with that saying of his, Rom. 8. 31. If God be for us who can be against us, for it is hee that hath the hearts of all the sonns of men in his hands, & as the rivers of water he turneth them whither soever he pleaseth, Proverbes 21. 1. And he hath ability enough in him, when a mans waies are pleasing before him, to make his greatest Enemies to be at peace with him. Proverbes 16. 7. And so much to this second head.

But thirdly & that principally & mainly; I heere desire to say a litle, to take of any surmise of the Parliaments being in yest in their passing their Sentence upon me; & rather passing it upon me for some cloake, the more easily to enable me without being discerned to serve their ends in being a spye & to give them intelligence, then out of any reall designe of mischeive to me.

Vnto which I shall now alledge something to the contrary & in the first place; to be a spie upon any termes in the world, is so contrary to my disposition & frame of spirit, that I had rather be hanged then give reall cause to be judged so absolute a knave & dissembler as a spie must be. Who if he be an Artist indeed in that profession, & will corne a large salarie from his Master that exemploies him; hee must with his tongue & expressions & seemeing zealous protestations seems highly visibly to be that, to which in his heart he is the quite contrary, & must hugg that man in his bosome, as his most indeered freind & seeme to unbowell his verie soule unto him, at the same time he intends to betray him & to cut his throate. And all this I the more know to be true, because I my selfe have been served so, in my last imprisonment in the tower, by severall of my adversary Mr. Scot his spies.

And also a spie must be a raniing Company-keeper & spend at no aime, on purpose to get men high into drinks, that thereby he may the easilyer know the bottome of their heart, it being not so common as true a proverbe; that, when drinke is in witt is out. All which are so contrarie to my genius & temper of spirit, that I have not poison more than Practiseing of any of them.

True it is I beleive Mr. Scot, Secretary of State to the Councel of State in England, hath abundance of agents or spies in this Country & France, yea & in all the Counties of England it selfe, & divers of them as high Cævaliers & Presbyterians, as any men in the Earth that have fought against the Parliament, & also men of other principles, one of which I believe I found at Middleborough & some other Citties in this Land, since my comeing into those parts. All or most of whom, may peradventure say as much for themselves & with as much confidence, as I have yet done. And therfore in order to mine owne peace & safety I shall take liberty to insert that here, that I believe will put the point out of all doubt.

I was Councelor Proctor for my Vncle George Lilburne Esquire, & one Mr. Josiah Primate, &c. About a Colliery taken from them, in the County of Durham, by force & violence by Sir Arthur Hasilrig, which he by his Certificate computes to be morth 5 thousand Pounds Sterling per Annum, about which Colliery the said, Mr. Primate preserred a Petition to the Parliament upon the 23 of December 1651. in the Delivery and mannagement of which I appeared, as by the declared Law of England I might justifieably doe. The Copie of which Petition thus followeth.

Aen de Opperste Autoriteytdesor Natie, het Parlement. der Republijcke van Engelandt, Is d’ootmoedighe Requeste van JOSIAS PRIMATE, Leeder-Coopman tot Londen,

Vertoont,

Dat u Requerant, door zijn Onder-Tenants George Lilburne Esq. ende George Gray de Jonge, beyde Edelmans van ’t Graesschap Durham, wesende in’t Jaer 1647, 1648 & 1649 in een gerechtigh ende vreedsaem besit vande Cool-groeven ofte Mynnen in Harrason in’t Graesschap voorsz ghenaemt de Vijf-quarter ende Negen-quarter Cool (welcken te gewinnen hy wel nae 1000 Pondt onkosten nenghewent heeft) also het van ’t Jaer 1642 tot 1647. onder water had gelegen: Sir Arthur Hasilrig inde Maendt September 1649, te wege brengende dat Col. Francis Wren een vande Ghecommitteerde deser Graesschap, ende Col. George Fenwick, sich met hem conjungeerden, een Order gemaeckt heeft (waer tegens de rest van de voorsz Gecommitteerden doen tegenwoordig protesteerden) de voorsz Cool-mijnen te sequestreeren, onder pretext van een onwaerachtigh voorgeven, als of Sir William Armijn het selve in’t Jaer 1644 gesequestreert had, als toe-behoorende aen eenen Thomas Wray een Paepsche Delinquant, waer-op de voorfz Sir Arthur, uwe Requerants Henants besitters met ghewelt affliet ende nam hare goederen ende verhuerde de voorsz Cool-mijnen aen Colnel Francis Hacker ende verscheyde Officieren van sijn eyghen Regiment.

Datuwe Requerant by de Gecommitteerde tot compositie der verschillen door Petitie voor secours aenghehouden heeft: maer dat, door de macht ende Influencie des voorsz Sir Arthurs op meesten-deel vande Ghecommitteerde, uwe Requerant zyn uytgestelt geweest, ende dat hem de Ordinary cours van procedure in allen Hoven van Justitie ghebruycklijck, zy geweygert geworden: Ende ten leften tot gehoor komende, dat de voorsz Sir Arthur alle daghen der audientie verscheen, ende sich aennam niet alleen teghens uwen Requerant te pleyten (’t welck ootmoedelijck bevroet wordt contrary de &illegible; te zyn, hy we sende een Lidt der opperste Authoriteyt) maer oock, door sijn Authoriteyt, uwe Requerants sake met voor-oordeel te beswaren, ende de voorsz Commissarissen voor te schrijven wat daer inne te oordeelen, ende door sijn macht ende Influentie op de voorsz Gecommitteerde be-heerschte hy door ontsach eenighe van hun; Ende naer vollen ghehoor, het oordeel wordende van daegh tot daghe uytgestelt hiel de voorsz Sir Arthur private correspondencie met eenighe vande voorsz Gecommitteerde, om eenigh nieuw pretentie te vindem om uwe Requerants Possessic van hem t’onthouden: waer op hy nieuw-gepretendeerde Evidentie, nae vollen Audientie, heeft voorgewendt, soo dat de meeste part vande voorsz Commissarissen niet duryende (als ootmoedigh bevroedt wordt) den wille ende welgevalle van Sir Arthur tegenstaan, hebben teghens allen klaere Evidentie voor uwen Requerant lijckewel gheweygert hem vry te spreken, Ende hebben in hun oordeel punctuelicken achter-volght de Directie hun vanden voersz Sir Arthur publijckelijck gegeven.

Dat de voorsz. Gecommitteerde zijnde de eenighe persoonen door ’t Parlement geauthoriseert, om alle strijd-saken, de Sequestratie van goederen betreffende, te verhooren ende te determineeren, uwe Requerant niet en kan verlost worden van d’oppressie ende Tyranny des voorsz. Sir Arthur, dan alleen door ’t Parlement oft hun speciale order ende directie. End’ uwe Requerant heest boven de 2 Jaren tijdt van sijn Possessie afgehouden gheweest, ende de voorsz. Sir Arthur heest de voorsz. Coolmynne verklaert waert te sijn ten minsten vijfduysent pondt s’ Jaers.

Derhalven gelieve doch ’t Parlement ten respect van d’openbare Justitie der Republijcke, op ’t spoedigste de waerheyt van de pręmissen te doen examineeren, ende sorg te draghen tot reddinghe van uw’ Requerant uyt d’oppressie ende Tyrannie des voorsz. Sir Arthur Hasilridge, ende tot uyt-reyckinge der Justitie sonder vreese of faveur, als uwe wijsheden alder-gherechtigst sal duncken,

End’ uw’ Requerant sal bidden &c.

Josiah Primate.

Welck Requeste door’t Parlement aen eenige Gecommitteerde bevolen zijnde, om ’t selve t’ondersoecken, wirden daer over twaelf ofte derthien weytlopend’ Audientien ghespendeert, ende op den 13 January 1651 Nov. Stylo deed de President van dese Gecommitteerde, Mr. Hill, sijn rapport aen ’t Huys: Maer wat het eygentlijck geweest zy, is ons noyt toegelaten geweest te sien noch te hooren lesen. Ende ghelijck my eenighe Leden des Parlements sedert gheseght hebben, soude hy sijn rapport gedaen hebben regel-recht tegens, oste te kort van ’t geen ingegeven was, waer op dan ’t Parlement op den voorsz. 15 dagh January des voorsz. Mr. Primats Petitie voor valsch, malicieux ende scandaleux verklaerde, ende condemneerde Mr. Primate dat by seven duy sent pond soude betalen ofte soo lange gevanghen ligghen, tot hy ’t betale ’t welck al sijn straffe was. Ende daer nae op den selfden dach passeerden sy seeckere Resolutien tegens my: dewelcke, gelijk sy die selfs daer by sonder Ordre vanden 17 January in Druck hebben uytgegeven; aldus sijn volgende.

Geresolveert, &c.

Dat de verbeurte van 3000 pond den Lieut. Colonel Lilburne op-gheleght werde, om ten behoeve der Republijcke beraelt te worden.

Dat hem noch een straffe van 2000 pondt meer op-gheleght werde, te betalen aen Sir Arthur Hasilrige voor sijn gheledene schade; ende dan noch 2000 pondt te betalen aen Iames Russel, Edward Winslow, William Molines ende Arthur Squib Esq. 4 vande Gecommitteerde tot compositie der versechelen, dat is te segghen, aen een yeder van hun 500 pond tot reparatie van schade.

Geresolveert, &c.

Dat Lieut. Col. Iohn Lilburne uyt Engelandt Schotland, en Yrland, ende de Eylanden ende Landschappen daer onder gehoorigh, Gebannen werde, om niet in eenighe der selve weder te komen, op pene van daer teghens gheprocedeert te werden als tegens Felonje, ende volgens dien in gheval van weder-komste metter Doot gestrast te worden.

Geresolveert, &c.

Dat Lieut. Col. Iohn Lilburne binnen de tijdt van 30 daghen naest komende uyt Engelandt, Schotland ende Yrland, ende de Eylanden van dien, vertrecke, ende in geval de voorsz. Iohn Lilburne nae die voorsz. 30 daghen in Engelandt, Schotland ofte Yrland ofte de Eylanden ende Landschappen daer onder ghehoorigh, ofte in eenigh der selve ghevonden werde, sal tegens den voorsz. Lieut. Col. Iohn Lilburne geprocedeert worden als teghens een Felon, ende sal dien volghens de straffe des doots te lijden hebben.

Geresolveers, &c.

Dat de Sergeant des Armes, ’t Parlament opwachtende, den voorsz Lieut. Col. Iohn Lilburne gevangen neme ende op Dingsdach ’s morgens naest-komende voor ’t Ghericht-banck deses Huys brenge om de voorsz. vonnisse des Parlements t’ ontfanghen, ende dat Mr. Spreacker diens-halve bevel gheve aen den Sergeant des Armes.

Maer we sende selfs in persoon voor des Parlements Deu’r doen dese Resolutien passeerden, ende vernemende wat sy ghedaen hadden, al-hoe-wel sy langhe naer Keers-licht (mijns onthoudts) saten, too bleefick staen; ende doen de Sergeant des armes met sijn Staf ende den Spreker uytquam, sprack ick tot hem dese woorden ofte tot dien effect. Mr. Sergeans ick hoore, dat ’t Huys desen dach eenighe Resolutien tegens my heeft ghepasseert, waer over ick alwillens gewacht hebbe, om te sien of ghy yets tegens my te seggen had. Waer op hy antwoorde, Neen Sir, ick heb noch geen order my met u te moeyen ende derhalven moogdy gaen waer u ghelieft. Now dan Sir, hebdy gheen order te nacht, Ick beloove u, ick sal morgen vroegh op u passen, om te sien of ghy dan yets hebben sult, of niet: Ende zoo goet zijnde als mijn woort, settede hy my ’sander-daegs, wesende Vrijdach den 16 January, in de bewaeringhe van sijn Gedeputeerde Mr. Parsons, alwaer ick blees tot op den naesten Dingsdach ’s morgens (gelijck het inde laetste Resolutie bestemt was) ’t welck was den 20 January. Ende komende voor de Deure des Parlements, wird ick door den Sergeant des Armes met sijn Staf op sijn schouder in-ghebracht: Alwaer Mr. Spreecker, als de mondt van ’t Huys hem selven in dese woorden ofte tot desen Effect, uytterde.

Lieut. Colonel Lilburne u wordt belast door desen Huyse te knielen, Daer ik tot desen effect op antwoorden: Sir, mer allen submissie tot desen Eerbaren Huyse versoeck ick voor eerst een weynich vryheyt te spreken. Neen Sir, seyde hy, u wort niet altoos toegelaten te spreken, maer u wordt belast te knielen. Wel dan Sir, ick buyghe met allen submissie voor uw’ vonnisse die ghy alrede over my hebt gaen laten, maer knielen kan ickniet.

Lieut. Colonel Lilburne, seyde hy, ’t Huys gebiet u te knielen. Wel aen dan, Sir, seyde ick, om kort met u te gaen, Ick en kan niet knielen, noch en wil niet knielen. Vertreckt dan, sprack hy, ’t welck ick oock deed, hun makende twee ofte drie reverentien in ’t uytgaen, ghelijck ick oock gedaen had in ’t inkomen. Waer op, gelijck ick bericht wirdt, siende dat ick voor hun Richt-banck niet knielen wilde om hun Sententie t’ontfanghen, hestemden sy een Acte van Parlement te maken, om my te bannen; ende nevens dien noch een ander, by maniore van straffe, als dat van die tljdt die sy my te vooren gestelt hadden om uyt het Landt te vertrecken, tien dagen souden asgaen; Niet tegenstaende op den voorigen Vrydagh ’s avondts ick met mijn Bewaerder ten huyse des Sergeants geweest waware ende met hem gesproocken had tot desen effect: Mr. Sergeant ick verstae ’t Parlement op morghen sitten sal, om de Gecommitteerde tot reguleringe van de Wer, te verkiesen, End ick weet dat het een ordinary gebruyck is by hun, dat alle menschen die voor hun Recht-banck verschijnen, ende welcken sy voor Delinquanten ofte misdadigers aen-sie, al knielende hun Sententie ontfanghen. Ende voorwaer Sir, ick en heb gants geen begeerte hun t’assronteeren ofte hun verder te quelle als sy alrede en sijn, want ick gelooven sy alrede genoech mijnent halve gequollen sijn: En derhalven bid ick u, verobligeert my soo verre tot u, aen den Spreecker ende ettelijcke andere Leden des Parlements, wien u gelieven sal, van mijnent wegen te seggen, dat wanneer ick op Dingsdach voor hun Richt-banck sal komen om hun Sententie t’ontfangen, ick niet knielen en sal, al-hoe-wel sy u met u Staf souden order gheven my voor den Richt-banck de Cod in te llaen: Ende Sir, wildy my hooren, ick sal u mijn reden gheven, ende dat is dus: Ick weet, dat als eener voor den Richt-banck neder knielt om een Vonnisse te ontfanghen, dat het Parlement dat kniclen neemt als een erkentenisse ende belijdenisse vari die mans overtuyginge in sijn eyghen conscientie dathy schuldigh zy ende der-halven sulcken strasse wel verdient hebbe, als by Sententie op hem beslooten is; ’t welck soo ick deed, ware ick nae mijn eyghen verstandt d’oolickste Schelm inde werelt, alsoo mijn Conscientie ende Gemoetmy seggen, dat ick geen quaet begaen, noch eenighe yan ’s Parlements wetten gebroocken hebbe, maer een cerlicke, gerechtige ende rechtmatige sake (gelijck by de Wetten van Engelandt ick met rechten doen mocht) gehand-haaft, ende dat op een gerechtige ende cerlicke maniere, souder eenighe onwaerdighe ofte Godloose middelen tot mijn oogemerck te ghebruycken: Ende wat oock Mr. Hill aen ’t Huys gerapporteert heeft, des ben ick ghewis, dat wy ten vollen yder Clause ende omstandigheyt in ons’ Requeste vervat, beweesen hebben, uytghenomen die clause alleen van Sir Arthur Hasilrige privaet correspondencie met ennige vande Gecommitteerde vande Hoede-makers Gilde. Maer al hadden wy de Requeste niet beweesen, daer en is gheen Wet tegenwoordigh in Engelant, het Parlement in’t minsten die macht gevende, sulcké Sententie over my te strijcken. En daerom voor my, in Woorden, Wercken ofte Gelaes de minste oorsaeck te geven aen’t Parlement te ghelooven dat ick in mijn eyghen conscientie overtuyght ware, dat sy een gerechtige Sententie over my hadden gepasseerr, veel lievex Mr. Sergeant had ick, datmen my in duysent stucken kapte, als dat ick sulcken Schelm ende Verrader mijner eygen ende mijner Natie vryigheden soude zijn; En daerom bidd ick u voors-hands, hun sulcks van mijnent weghen aen te seggen, op dat sy (indien’t hun gelieft) vermeyden moghenymy op Dingsdach tockomende te dwinghen hun een affront aen te doen. Daer nae verseeckerden hy my, dat’s daeghs daer aen, we sende Saterdach, hy aen 20 of 30 Leden des Parlements sulcks aengedient had, In voeghe dat sy selfs het affront hun selven hebben aenghedaen, ende nietick. Maer op de voorsz. Dingsdach, nae dat ick uyt het Huys vertrocken ende vry geset was te gaen waer my geliefde, waren daer voor de Deur groote meenichte van Burgers, mijne seer goede vrienden (luyden die altoos de sake des Parlements ghetrouwelijck aengehangen hadden) met een Pititie tot wederroepinge van mijn Bannissement. De Petitie zijnd ingeroepen; wird voorghelesen ende gedebateert, maer aen kant geleght, sonder den Requeranten een woort tot Antwoort te gheven. De Copije van welcke Petitie, gelijck het sedert in Engeland is Gedruckt geweest, was als volght:

To the supreme Authority of this Nation, the Parliament of the Commonwealth of England, The humble Petition of JOSIAH PRIMATE of London Leather-Seller.

Sheweth,

That your Petitioner by his under Tenants, George Lilburne Esquire and George Gray the younger Gentle-man, both of the Countie of Durham, being in the yeare 1647, 1648 & 1649 in a just & quiet possession of the Colieryes or Scames of Coale in Harraton in the Countie aforesaid, called the &illegible; and nine-quarter Coale (& haveing spent neere two thousand Pound to win the same) which lay drowned and lost from 1642 to 1647. Sir Arthur Hasilrig in September 1649, procureing Colonel Francis Wren one of the Committee of that Countie, and Colonel George Fenwick, to joyne with him; made an Order (against which the rest of the said Committee present protested) to sequester the said Collieries, under colour of an untrue suggestion, that Sir William Armyn had sequestred the same in 1644, as belonging to one Thomas Wruy a Papish delinquent, & thereupon the said Sir Arthur, violently dispossessed your Petitioners Tenants & seazed their goods, & let the said Colliaryes to Colonel Francis Hacker and severall of the Officers of his owne Regiment.

That your Petitioner hath petitioned to the Commissioners for compounding, for releife; but by the power & Influence of the said Sir Arthur, upon most of the said commissioners, your Petitioner hath bin delayed & deined the ordinary course of proceeding in all Courts of Iustice; and at last comeing to heareing, the said Sir Arthur, appeared every day of the heareing, & tooke upon him, not only to plead against your Petitioner (which is humbly conceiv’d to be contrary to Law, he being a member of the supreme Authoritie) but also autoritatively to prejudge your Petitioners case, and to direct the said Commissioners, what to judge therein; and by his power & influence upon the said Commissioners, he &illegible; most of them, and after full heareing, judgement being respited from day to day, the said Sir Arthur kept private correspondency, with some of the said Commissioners, about finding some new colour or pretences to detaine your Petitioners possession from him: whereupon he produced new-pretended evidence after full heareing, and thereupon the major part of the said Commissioners, not dareing (as is humbly conceived) to oppose the will and pleasure of the said Sir Arthur, have contrary to cleare evidence before them, for your petitioner, refused to releive him, and have punctually pursued in their judgement the direction publickly given them by the said Sir Arthur.

That the said Commissioners being the only persons authorized by the Parliament to heare and determine all cases about sequestred Estates, your Petitioner can not be releived from the oppression and Tyrannie of the said Sir Arthur, save by the Parliament or their speciall order and direction. And your Petitioner hath bin kept from his possession above two yeares, and the said Sir Arthur hath declared the said Colliaries, to be worth at least five thousand pound per Annum.

May is therefore please the Parliament in respect to the public Iustice of the Commonwealth, to cause the truth of the præmises to be speedily examined; and to provide for your Petitioners releife, from the oppression and Tyrannie of the said Sir Arthur Hasilrig, and for the dispensation of Iustice, without feare or favour, as to your wisedomes shall seeme most just,

And your Petitioner shall pray, &c.

Josiah Primate.

Which petition being by the Parliament referred to a Committee to Examine it, who spent twelve or thirteene large heareings thereupon, and upon the 15 of Ianuary 1651 new style, the Chairman thereof Mr. Hill made his report to the house, but what it was we never were permitted to see nor to heare red. And as some Members of Parliament have since told me, he made his report quite contrary to, or short of the evidence that was given in, whereupon the Parliament, the said fifteenth day of Ianuary, voted the foresaid Mr. Primates petition to be false, malicious and scandalous, and voted Mr. Primate to pay seven thousand Pound, or to lie in Prison till he pay is &illegible; which is all his punishment. And then the same day they passed certaine votes against me, which as they themselves by speciall order of the 17 of Ianuary have Printed them, verbatim thus follow.

Resolved, &c.

That the fine of three thousand Pounds be imposed upon Lieutenant Colonel John Lilburne, to be paid to the use of the Commonwealth.

That he be fined 2000 Pounds more, to be paid to Sir Arthur Hasilrige for his dammages; & 2000 Pounds more to be paid to James Russel, Edward Winslow, William Molines, and Arthur Squib Esquires, foure of the Commissioners for compounding, that is to say, to each of them 500 Pounds for their dammages.

Resolved, &c.

That Lieut. Col. John Lilburne be banished out of England, Scotland and Yreland, and the Yslands and Territories thereunto belonging, and not to returne into any of them, upon paine of being proceeded against as a felon and in case of such returne shall suffer death accordingly.

Resolved, &c.

That Lieut. Col. John Lilburne, doede part out of England, Scotland and Yreland and the Yslands and Territories thereof, within 30 daies now next comeing, and in case the said John Lilburne, shall after the said thirtie dayes, be found within England, Scotland or Yreland, or the Yslands and Territories thereunto belonging, or any of them; the said Lieut. Col. John Lilburne, shall be proceeded against as a felon, and shall suffer the paines of death, accordingly.

Resolved, &c,

That the Sergeant at Armes attending the Parliament, do apprehend the said Lieut. Col. John Lilburne, and bring him to the barr of this House, upon tuesday morning next, to receive the judgement of Parliament aforesaid, and that Mr. Speaker doe direct a warrant to the Sergeant at Armes accordingly.

But being my selfe at the Parliament doore when these votes past, & understanding what they had done, although they sate (to my remembrance) a good while after candle-light: I staid, and when the Sergeant at Armes came forth with his mace and the Speaker, I spoke to him in these words, or to this effect. Mr. Sergeant, I understand, the House hath this day passed some votes against me, in which regard I staid on purpose, to soe if you have any thing to say to me, unto which he replied, No Sir, I have no warrant yet to meddle with you, and therefore you may goe whether you please. Well, Sir, if you have none to night, I will promise you, to wait upon you to morrow morning, to see whether then you will have any or noe: & being as good as my word, the next day being Fry-day Ianuary the 16, he Committed me to the Custodie of his Deputie Mr. Parsons, where I remained till Tuesday morning next (as it was ordered in the last vote) which was Ianuary the 20, and comeing to the Parliament doore I was whered into the bar by the Sergeant at Armes, haveing his more upon his shoulder, where Mr. Speaker, as the month of the House, expressed himself in these words or to this effect.

Lieut. Col. Lilburne, you are Commanded by this House to kneele, unto which I answered in these words, or to this effect: Sir, with all submission to this honorable House, I desire first a little Libertie to Speake. No Sir, said hee, you are not permitted to speake at all, but commanded to kneele. Well then, Sir, said I, with all submission I stoope unto your Sentence, that you have allreadie past upon me, but I can not kneele.

Lieut. Col. Lilburne, said hee, the House commands you to kneele. Well then, Sir, said I, to be short with you, I neither can kneele, nor will I kneele; withdraw then said hee, which I die accordingly, makeing them two or three &illegible; at my goeing out, the which also I die as I came in. Whereupon, as I was informed, seeing that I would not kneele, at their bar to receive my Sentence, they voted to draw up an Act of Parliament to bannish me; and passed another vote by way of punishment, to take of ten dayes of the time, they had formerly given me to depart the land in. Although upon the Fryday at night before, I with my keeper went to the Sergeants House, and spoke to him to this purpose. Mr. Sergeant, I understand the Parliament Sitts to morrow, to choose the Commissioners for regulateing the Law, and I know it is their usuall manner, to Command all men that comes to their bar, (that they looke upon as delinquents or offenders,) to receive their Sentence at their bar kneeling. And truly, Sir, I have no desire at all to affront them, or to vexe them more then they are, for I beleive they are vexed enough allready at me. And therfore I beseech you, oblige me so far unto you, as to tell the Speaker & some other Members, whom you please, from me, That when upon Tuesday I shall come to their bar, to receive ther Sentences I shall not kneele, although they should Order you with your mace at their bar to knock my braines out, and Sir if you please to give me leave, I will render you my reason, and it is this. I know when any kneeles as your bar to &illegible; a Sentence, the Parliament lookes upon that action or gesture of kneeling, us a demonstration of a mans owne convincement in his owne conscience, that he is Guiltie: and therby does deserve such a Punnishment, as by that Sentence is past upon him; the which if I should doe, I were in my owne understanding the veryest Rogue in the world, because my conscience & soule tells me, that I have done no evill, nor broke none of the Parliaments Lawes, but followed (as by the Lawes of England I may justifieably doe) an honest just and righteous busynes, in a just & honest way, without useing any base or wicked ungodly meanes, to effect my designe in it. And what ever Mr. Hill hath reported to the House, I am sure of it, we have fully proved every clause and circumstance contained in our Petition, save only that clause, of Sir Arthur Hasilrige his private corresponding with some of the Commissioners of Haberdashers Hall. But if we had not proved the Petition, there is no Law extant in England to inable the Parliament in the least, to pass such a Sentence upon mee: And therefore for me in words, actions or gesture, to doe the least circumstance, to make the Parliament beleive that I in myne owne Conscience was convinced that they had passed a just Sentence upon me; I had rather, Mr. Sergeant, be cut in ten thousand peices, then be such a Rogue and Traiter, to myn owne liberties and the Nations; & therfore I beg of you before hand to tell them as much from mee, that so they may avoid, if they please, their forceing me on Tuesday next to affront them & he afterwards assured me, that the next day being Saturday, he told twentie or thirtie of the Members of Parliament of it, so that they put the affront upon themselves and not I. But upon the said tuesday, after that I was withdrawne out of the House and set at libertie to be gone as soone as I pleased, there being great store of Cityzens my very good freinds as the doore, (who were persons that had allweyes faithfully &illegible; to the Parliaments cause) with a Petition for the revokeing of my bannishment: the Petition being called for in, was red and debated, but laid aside, without giveing any answer to the Petitioners. The Copie of which Petition as since it is Printed in England, thus followeth.

AEN d’Opperste Authoriteyt, Het PARLEMENT Der REPVBLYCKE van Engelandt

Is d’ootmoedige Petitie van vele wel-geaffectioneerde Luyden, Inwoonders der Steden London, West-munster, Suyt-werck ende d’omligghende quartieren, wegens de gerechtige Vryigheden des vryen Volcks van Engelandt, hoochlijcken ghetroffen inde Sententie seghens den Lieut. Colonel Iohn Lilburne,

Ootmoedelijck vertoonende,

DAt indien de meenighvuldighe diensten ende uyttermaten groot lijden des Lieut. Colon. Iohn Lilburne, in oppositie tot Tyranny ende verdruckinge, ende wat een Instrumenthy geweest zy tot wech-ruyminge van verscheyde soorten van Verdruckers, sijn wonderbare verlossingen ende klare gerechtehjcke los-sprekingen van allen voorige beschuldigingen, sonder den mitisten Schand-vlecke tot sijn Reputatie: indien, seggen wy, dat alles vergheten kon worden, ende dat hy in onse ghedachten maer en stond als d’alderminste van de wel-gheaffectioneerde persoonen (want voor sulcks moeten wy ten minsten hem erkennen, alsoo hy tot allen tijden de Parlamenten heeft aengehangen) soo vinden wy nochtans in dese uwe jonste proceduren ende sware Censuren tegens hem, onse geboort-rechten soo verre, daer inne gecencerncert, dat wy bevroeden noyt meerder saeck gehadt te hebben van spoedigh tot V. E. ons te vervoegen, om redres, als even in dese droevige occasie.

Want voorwaer het en kan niet gheloochent worden, of is hy waerlijck een Offendant, soo is hy ’t door de breuck van eenigh Wet, gemaeckt ende ghepubliceert voot ende al-eer den daet begaen was, ende behoorde door behoorlicke preceduren ende de Stemmen van 12 Mannen daer van overtuygete worden, ende schuldigh bevonden van sulck Crimen, daer dan de Wet oock sulcken straffe op ghestelt heeft, conform tot die onse fundamentele vryigheyt; welcke mede brengt, Dat geenVry-man van Engeland en mach veroordeelt worden, Lijf, Lidt, ofte Vryigheyt ofte Goederen te verbeuren, als alleen door Iurijs ofte gheswoorne 12 Mannen: ean vryigheyde welcken ’t Parlement in allen eeuwen ghetracht hebben van Violatie te preserveeren, als het Geboort-recht ende opperste Erf-deel des volcks; als seer mercklijck mach blijcken in die Requeste van Rechten, welcken V. E. die seer voortrestijcke Wet hebt ghestileert.

Ende der-halven vertrouwen op tweede gedachten, ende dat V.E. Zijnde ’t Parlement van Engelandt, ghy soo verre sult zyn van ons (die noyt onse Rechten verbeurt en hebben) van onse Geboort-recht, ende de maniere van by Geswoorne te Richten (want wat aen den eenen geschiet, mach acnee yeder wedervaren) te berooven, dat ghy selss die aen ons in haer geheel voor den naekomelinghen sult preserveren van allen attentaet van yemandt, die daer eenigh verandering in soude willen breughen. Ende by aldien ’t Originael van die rampsalige verschillen, tusschen Sir Arthur ende Mr. Lilburne, behoorlick overmoogen wird (indien ’t soo is als ons bericht is gheworden) sal het blijcken, dat Sir Arthurs stoppinghe van ghelden die Mr. Lilburne toe-gehoorden, sonder Wettelijcken Proces, d’eerste occasie hier van zy gheweest.

Ende daer wort ghelooft, dat indien Mr. Primass saecke (waerinne Sir Arthur ende Mr. Lilburne ingheraeckt sijn; tot eeniger tijt, voor of nae, tot een Wettelijck Examen had ghesteltgeweest, ende door de stemminghe der 12 Mannen had ghepasseert, datmen daer door allen onrust ende ongheleghentheden daer uyt ontstaende, had voor-ghekomen: de maniere van Determinatie door de meeste stemmen der Ghecommitteerde, niet zijnde in eenigherwijse soo seecker noch soo voldoenende, als by weeghe van Gheswoorns; het Beneficie van Beroepinge ende Exceptien ende eenhelligh Consent, zijnde by het laetste alle wesentlicke Privileglen; daer ter contrary de Ghecommitteerde aen ghene dierghelijcke regels ghebouden enzijn: Maer hebben vryheyt, nae hun ghelieven by ofte af te wesen; daer-benessens Juries ofte t’Examen der Gheswoorne zijnd’ een Gheboort-Recht, ende ’t ander maer een nieu ende tijdelijcke Wet, soo en sijn de luyden niet soo wel mer d’eene, noch (als wy ootmoedelijck bevroeden) en sullen noyt soo wel te vrede ende gherust zijn, als met het ander: Derhalven het niet t’eenemael soo grootelijckx te verwonderen is, soo op onvernoeginghen daer soo veel ghedrucks gheweest zy van Menschen voor-vallen ende handelinghe der Gecommitteerden als daer gheweest zijn ende soodanighe scherpe ende onordentlijcke herts-tochten, ende uytbulderinghen tusschen gheinteresseerde partijen, soodanighe subyte ende importune Appellen aen uwe Authoriteyt, wesende inder daedt alles gelijckelijck buyten het ware Engelsche spoor ende af-leydende tot niers als onrust ende verwertheyt, haedt ende vyandtschap tusschen waerdighe Familien, ende onvernoeghe tusschen persoonen van ghelijcke publijcke affectie ende Interest voort-brengende, tot niemants verheuginglie dan van openbare vyanden: Welcke alle ende noch veel meer onlieylen alleen vermijt konnen worden, met dieaghlijcke saecken alle aen het ghewoon Examen ende de finale Determinatie des Wets op te draghen.

Ende dat V. E. Mr. Lilburne gecondemneert hebt inde verbeurte van 7000 pondt sterlings, ende tot eeuwich Gevanckenis, ende hem als des doots schuldich te doen sterven, soo hy weder-quame, dat heest ons uytter-maten seer in onsen Geest bedroest, niet alleen om dat aen hem niet ghepleeght is d’ordinary wijse van Exame door Iuries ofte &illegible; ’t welck nochtans by ons swaer weeght; noch om dat wy ghelooven, hy Mr. Primats saeckeuyt een stercke persuasie vande gerechtigheytder selve [de sacke in hem selven, gelijk wy bericht zijn, &illegible; seer ingewickelt ende swaer te verstaan] behertigt hebbe ende der halven niet moetwillighlijck ofte met opset tegens sijn conscientie gedreven zy geworden, waer over eenighe van de Gecommitteerden wel wenschten tot Godt de sake noyt voor hun ghekomen ware; noch om dat wy hem onschuldigh houden van eenigh moetwillige breucke des Parlements Privilege, met ghedruckte Requesten te leveren eer het Originael u gepresenteert was (sulcks noyt te vooren publijcklick verklaert zljnde een breucke te zijn) al-hoe-wel dese dinghen alle ons droesheydt vermeerderen, lijckewel is ’t voornaemste dat ons bedruckt ontstaende uyt de onbillickheyt vande Sententie, als sijnde daer in contrary aen dat ander ons’ fundamentele Geboort-recht, welck belast, in kas van Gelt-straffen achting te hebben op de qualiteyt des persoons: een Ackerman sulmen sijn Inoogstinghe ende een Koop-man sijn Koopmanschap behoeden: daer hier ten opsicht van hjn staet, het soo verre is van hem in sijn qualiteyt te hand-haven, dat selfs men hem, sijn Vrouw ende Kinderen sonder levens-middelen lact; ende ten opsicht van sijn persoon, sijn affectie tot de Parlementen, ende yver voor de pulbijcke Vryheyt, maeckt hem soo onseecker aen allen uytheemsche Natien, dat inder daet hy als in een Wildernis is gebannen ende aen de fury van Leeuwen ende Beeren naeckt overghegheven is.

De premissen dan behoorlick over-woogen sijnde, ende ghesien de beschuldighde ende bestraste partyen [gelijck wy bericht sijn] geen middelen ghehadt heest, om te moghen sien wat rapport by den Eerbare Committy zy ghedaen, noch vryigheyt, oin daer teghens t’excipieeren, in diergelijcken val wel eer vergunt; ende ghesien vele wel-gheaffectioneerde Luyden, die de twist-saken ende de bewijs-redenen aen beyde zijde gehoort hebben, qualijck vernoeght sijn foo in ’t stuck van’t besit, als van’t gepretendeerde recht op de Kool-mijne in questie; ten cynde de eere des Parlements onbevleekt onse fundamentele Gheboorts-Rechten onverbreeckelijck, ende alle de Edellieden die dese saecke is treffende, sonder in’t minste eenich murmureringe ofte &illegible; mochten blijven,

Soo hebben my ons selven in Conscientie verplicht bevonden, op aller-ootmoedighste wijse te hidden,

I. Dat u gelieve uw’boven-gemelde schriclijcke Sententie tegens Lieut. Col. Iohn Lilburne ende de andere dien’t aengaen te wederroepen.

II. Vollen vryigheyt te geven aen M. Primate sijn saecke t’aclitervolgen, soo den Tijtel als de Possessie aengaende, aen ’t Burgerlijck Gericht, ende aldaer foodanige Advocaten te gebruycken als hem sal goet-duncken.

III. Dat Sir Arthur Hasleringh ghewesen werde sijn toevlucht tot de Wet te nemen weghens dat onghelijck dat hy bevroet hem aengedaen te sijn door Lieut. Col. Iohn Lilburne ofte yemant anders, ghelijck inde faecke van Mr. Musgrave met de voorsz. Sir Arthur is gheschiet; ende dat Mr. Lilburne of yemant anders oock ghelijcke Vryigheyt hebbe tegens Sir Arthur, soo sy bevroeden cenich &illegible; daer toe te hebben.

IV. Dat u gelieve cenigh spoedighe middel te beramen tot het &illegible; ende antwoordinghe van Requesten, op dat door te lange wachtens de luyden niet gedwongen worden tot onbehaechlijcke ende onghevoechlijcke weeghen.

V. Dat u gelieve uyt hertelijcke teer-gevoeligheyt onse fundamentele Gheboort-rechten weder uyt te winnen ende te hand-haven, ghelijck ghy het wesen ende de gerechtige Consstitutie der Parlementen begheert ghehandthaaft te hebben, sulcks zijnde een voorname stuck van onse Geboort-rechten.

Eyndelijck, dat u ghelieve recht te verstaen desen onsen ootmoedigen addres aen u by desen tijdt by dese gewichtige occasie, ende geen harde constructie oste verkeerde inghevinghen daer over aen te nemen: Maer te gelooven dat in &illegible; conscientien wy alleen hier inne de glori Gods, de eere, vrede ende behoudenisse des Parlaments ende der Requblijcke hebben beooght. Ende al aldus door uwe gunstige aenneminge wy eenigsins Instrumenten tot dese gerechtige beooginghen sullen zijn, dat sal ons tot ware danckbaerheyt doen vervlieten, Ende als by schuldigen plicht verbonden sullen

Altoos bidden &c.

Op den 20 Ianuary 1652.
Goresolveers.

DAer na stelden de voorsz. mijne vrienden noch cen ander Requeste in ’t Schrift, van meerder effect, als sy hoopten, dan de voorighe, ende op Dingsdach daer aen, wesende den 27 January ginghen daer mede nae ’t Parlements Huys; maer konden het dien dach &illegible; ghelesen krijgen. Dien avond was ick op een maeltijdt met omtrent 200 der selve mannen in een Huys achter de Beurse in London, ende ’s anderen daegs ginck ick tot den Sprecker des Parlements ende soyde hem aen, dat op morghen, wesende Donderdach, ick voor hadde met Gods hulpe mijn reyse over Zee aen te nemen, ende der-halven versochte, hy my &illegible; Pass wilde gheven: Maer seyde, hy dorst my gheen Pass geven, uytvreese van ghehangen te worden &illegible; hy ’t dede. Waer opick tot Antwoort &illegible; Sir, dat is een seer vremt doen, dat uw’ huys my commandeeren wil op pene des &illegible; eer sulcken dach Engelandt te ruymen, (’t welck ick gewilligh ben te doen) ende lijckewel en wildy my door uw’ Paspoort geen verlof gheven om wech te mogen gaen: uyt gebreck van weloken het seer waerschijnlick is dat als ick aen Zee sal komen, uw’ Officieren van ’t Coustuym huys my te rugghe sullen houden, ende ondertusschen dan, om dat ick eer sulcken dach niet wech en ben ghegaen, sal ick hanghen moeten: wat is dat anders, dan een strick te leggen voor mijn leven? want ghy ghebiet my op pene des Doots te vertrecken, ende lijckewel en wildy my gheen Paspoort gheven om te moghen vers vertrecken, al-hoe-wel het my by-kans onmoogelijck, is sonder dat te konnen gaen.

Wel seyde de Spreecker, ick durf het, om mijn leven, u niet geven. In voege dat ick &illegible; was sonder ’t selve te vertrecken. Ende des anderen dacghs ’s morghens wesende op Donderdach den 29 January nam ick een Peert in Finsbury-stal by Moore-fields ende reed alsoo door Londen ende South-warck, vergeselschapt met vele van mijne Vrienden te Peerdt, die my ettelijcke mijlen weegs op de reyse vergheselschapten. Ende ’s anderdaegs quam ick tot Douver, van waer ick een Brief naer Londen Schreefaen verschey de vroome ende aendachtighe Mannen van onderscheyde opinien, dewelcke seer &illegible; ende begheerich zijn een Nieu Parlement in Engelandt op’t spoedigste te sien verkiesen, als sijnde sulcken het voornaemste stuck van die Vryigheyt daer sy soo lang nae ghestaen hebben, ende die hun dickmaels door den Generael ende zyn Arme is belooft geworden. (Siet het Boeck haerder Declaratien nae Pag. 42. 34. 44. 112. 129. 142. 156. Siet oock nae hun wijtloopige Remonstrantie Gedateert tot St. Albans den 16 November 1648. pag. 15. 45, 46, 52, 65, 65, 66 ende 67. Als oock hun Gedruckte Accoort aen ’t Parlement ghepresenteert op Saterdach den 20 Januar. 1649) ende waer over de voorsz. aendachtige persoonen op naest-volghende Dingsdach voor hadden een openbaren Vasten ende Bid-dach te houden; ’t welck ick wetende, Schreef tot hunlieden aldus.

TO THE Svpreme Avthority The PARLIAMENT Of the COMMON-WEALTH Of England,

The Humble Petition of many well afected people inhabting the City of London, Westminster, Soutwark and parts adjacent, in behalfe of the just Liberties of the free People of England highly concerned in the Sentence against L. Col. Iohn Lilburn.

Hvmbly Shewing,

THat if the manyfold Services, and extreme Sufferings, of Lieut. Col. John Lilburne, in oposition to Tyrany, and Oppression, and how instrumentall he hath been in the removall of divers sorts of oppressors, his wonderfull Deliverances and clear acquitments by leagall Tryalls, from all former axusations, without the least stayne to his reputation; if all these could be forgotten, and that he stood in our thoughts, but as the meanest of well affected persons, (and such as the least we must allow him, having in all times adhered to Parliaments) yet in your late proceedings towards him, and heavy Censure upon him, wee aprehend out native rights so much concerned, that wee never conceived a greater cause of speedy application to you for redress, then upon this sad occasion.

For certainly, it cannot be denied, but if he be really an offender, he is such by the breach of some law, made and published before the fact, and ought by due processe of Law, and verdict of twelve men to be thereof convict, and found guilty of such Crime, unto which the Law also hath prescribed such a punishment agreeable to that our fundamentall Liberty; which enjoyneth, that no freman of England, should be adjudged of Life, Limbe, Liberty, or Estate but by Iuries; a freedome which Parliaments in all ages Contended to preserve from violation; as the Birthright, and Chief inheritance of the People, as may appeare most remarkably in the Petition of Right, which you have stiled, that most excellent Law.

And therefore we trust upon second thoughts (being the Parliament of England) you will be so far from bereaving us (who have never forfeited our right) of this our native right, and way of Tryalls by Iuryes, (for what is done unto any one may be done unto every one) that you will preserve them entire to us, and to posterity, from the encroachments of any, that would inovate upon them. And if the originall of the unhapy differences betweene Sir Arthur Haslering and Mr. Lilburne, be duly weighed, (being as wee are informed) it will appear, that Sr. Arthurs stoppage of monies due to Mr. Lilburn, without Legall process, was the first occasion thereof.

And it is believed, that if Mr. Primats cause [wherein Sir Arthur and Mr. Lilburne have been ingaged: had as any time either as first or last been admitted to a Tryall at law, and had passed any way by verdict of twelve sworne men; all the trouble and inconveniences arising thereupon had been prevented: the way of determination by Major votes of Committees, being neither so certaine nor so satisfactory in any case as by way of Iuries, the benefit of Challenges and Exceptiones, and unanimous Consent, being all essentiall Priviledges in the latter: whereas Committees are tyed to noe such rules, but are at liberty to be present or absent at pleasure; besides Iuries being birthright, and the other but new and temporary, men doe not, nor [as wee humbly conceive] ever will acquiesse in the one as in the other; from whence it is not all together so much to be wondered at, if upon dissatisfactions, there have been such frequent printing of mens cases, and dealings of Committees, as there have been; and such harsh and inordinate heats, and expressions between partyes interested, such sudden and importunate appeales to your Authority, being indeed all alike out of the true English roade, and leading into nothing but trouble and perplexity, breeding hatred and enmities betweene worthy families, affronts and disguste betweene persons of the same publique affection and interest, and to the rejoycing of none but publique adversaryes, all which and many more inconveniences can only be avoyded, by referring all such cases to the usuall tryalls and finall determinations of Law.

And whereas you have censured M. Lilburne 7000 l. fine and to perpetual &illegible; and to dye as a fellon if he return, we are exceedingly afflicted in our spirits thereby, not onely because he hath not had the usuall way of tryall by Iury, which yet weight very much with us; nor for that we beleeve he hath followed Mr. Primats cause out of strong &illegible; of the justnesse thereof, (the Cause in it selfe as we have been informed being very intricare and hard to be understood, and so did not willfully or intentionally carry it out against his Conscience, some of the Commissioners wishing to God it had therefore never came before them,) nor for that we believe him innocent of any willfull breach of Parliament priviledge, in delivering printed Petitions, before the Original was presented unto you, [that being never before published, to be a breach though all these adde to our grief, yet the main of our affliction ariseth from the destructivenesse of the Sentence, as being therein contrary to that other our fundamentall native right, which injoyus that Fines should have regard to the qualities of the persons: a plowman savting his wainage, and a merchant his merchandise; whereas, this if relating to his Estate, we believe it so ferre from preserving him in his quality, as that it leaves him self, his wife and children without sustenance, if in relation to his person, his affection to Parliaments, and zeal to publick freedome; renders all forreigne Nations so unsafe to him, as that in effect he is banished into a Wildernesse, and exposed naked to the fury of bears and lious.

The premises duly weighed, and for that (as we are informed) the parties accused and censured, have had no means to see what report hath been made by the Honorable Committee, not have had the Liberty of exceptions thereunto, in like Cases granted, and in that many well affected people that heard the Dabates, and Evidences on both sides, are unsatisfied both in point of possession, and title to the Collary in question; that the honor of Parliament may stand immaculate, our native fundamentall rights inviolable, and all those Gentleman concerned in this Cause left, without any the least grudging, or just complaint.

We have deemed our selves bound in Conscience in most humble manner to intreat,

I. That you will be pleased to recall your forementioned grievous Sentence upon Lieut. Col. John Lilburn, and the rest concerned therein.

II. To give free Liberty to Mr. Primate to prosecute his Cause, both for Title, and possession at the Common Law, & therein to make use of what counsell he shall think fit.

III. That Sir Arthur Haslering be referred to take his course at Law, for whatsoever injuries conceived to be done unto him by Lieut. Col. John Lilburn or any others, as was granted in M. Musgraves Case with the said Sir Arthur; and that Mr. Lilburn or any others may have the same liberty against Sir Arthur, if they conceive any cause.

IV: That you will appoint some speedy course for the receiving and answering of Petitions, that so men through long attendance, be not enforced unto wayes displeasing or inconvenient.

V. That you will very tenderly regain, and maintain every one of our fundamentall Native rights, as you would the very being and just constitution of Parliaments, that being a principall part of our Native-rights.

Lastly, that you will be pleased to conceive rightly of this our humble application to you at this time, upon this weighty occasion; and to admit no harsh construction, or sinister suggestion thereupon, but to believe that in the sincerity of our consciences, we have aimed onely herein at the glory of God, the honour, peace, and safety of Parliament and Commonwealth. And if by your favourable acceptance we shall be made any wayes instrumentall to those just ends, it shall dessolve us into true thank-fullnesse, and as in duty bound,

We shall ever pray, &c.

Presented January
the 20. 1651.

AFter which the said freinds of mine drew up another as they hoped much more effectuall, then that foregoeing. & upon the Tuesday after being Ianuary the seven and twentieth went up with it to the Parliament House, but could not that day get it reed. Vpon which I that night sup’t with about two hundred of them, as an House behind the Exchange in London, and the next morning went to the Speaker of the Parliament and told him, that ou the morrow being Thursday, I intended by Gods assistance, to take my journey for beyond sex, and therfore intreated him to give me his pass, but he told me he durst not for his hanging give me a pass, unto which I replied; Sir, that is very strange that your house will command me, upon paine of death to leave England by such a day [which I am willing to doe] and yet you will not enable me by your pass to be gone. For want of which it is very probable, when I come at the sea-side, your officers of the Custome-house, will stop me, and yet because I am not gone out of England, before such a day, I must be hanged. What is this else, but to lay a snare for my life? for you command me upon paine of death to be gone, and yet you will not give me your pass to enable me to goe, although it be almost impossible, without it for me to get away.

Wel saith the Speaker, I dare not for my Life give it you. So I was forced to depart without it. And the next morning being Thursday Ianuary 29, I tooke horse at &illegible; by Moore-feildes & rid through London & South-warke, being accompained with great store of my friends on horse-back, who brought me divert miles on my yourney. And the next day I came to Dover, from whence I wrote a Letter to London, to divers honest and Religious men of severall opinions, who are very zealous for the speedie electing of a New Parliament in England, at the maine & principal part, of that libertie they have bin so long contesting for & which hath bin often promised by the Generall & his Army [see the booke of their Declarations page 42, 43, 44, 112, 129, 142, 156. See also their large Remonstrance from Saint Albans, dated November 16. 1648. page 15, 45, 46, 52, 65, 66, 67. See also their printed Agreement presented to the Parliament on Saturday Ianuary the 20. 1649] & about which the said religious persons upon Tuesday after intended to keepe a public fast, which I knowing of wrote thus unto them.

Aen sijn sevr &illegible; Vrienden Mr. JOHN SIMSON Mr. Feake, Mr. William Kissin, ofte aen &illegible; der selve, om aende rest van hun vrienden, die op Dingsdach naest tot Allhalowes-Kerck in Londen tot Vasten ende Bidden by een komen sullen, gecommuniceert te worden.

Edelmans,

GEsien het Godt in sijne wijse voorsienigheyt gheliest heeft toe te laten, dat sulcken strenghe Sententie, als is, uyt mijn Vaderlandt Gebannen te worden, teghens my geexecuteert worde; al-hoe wel, God zy ghelooft, ick vrede ende gerustheyt in mijn eygen gemoet bevinde, nochtanssijnde maer vleesen, so wel als andere Adams kinderen, daer in dit leven geen volkomentheyt in en woont, so is mijn ernstigh ende vlijtig versoeck op u alle, dat in uwe smeeckingen ende gebeden tot God, in uw’ naest samenkomste tot All-hallowes ende in andere plaetsen daer dan Godt uwe herten bestieren sal, ghy doch mijner conditie wilt gedencken voor den Throon der Genade, ende den Heere (die daer is con &illegible; ende het Erfdeel &illegible; uytverkoorene) te bidden, dat hy my een schuylplaets zy in mijn Bannissement, ende mijn ziel oprecht ende sinceer voor hem behoude, ende dat hy sijn Castijdende ende tuchtende handt over my versachte, ende daer uyt glory ende eere aen sijn groote naem, ende veel goets aen sijne uyt verkoorene her voor brenghe: ende in mijn absentie een Man ende Vader zy aen mijn naeste ende teerste verwandten die ick achter my late. Dus met mijn trouwe liefde inde vriendelijckheyt Jesu Christi u alle aengebooden, den Heere biddende hy u in alle uwe gherechtige ende rechtvaerdighe onderwindingen gelieve te segenen, ende u kloeckmoedigh, courageux eude onverschrocken te maken voor de waerheyts Gods, dat ghy niet door menschen dreyghementen soo over-heerscht wordt, dat ghy swijget op den dach, als de kracht Gods op eenige van uwe ghemoederen is, om t’overtuygen dat Godt nu besigh is om die klare straelen zijner heerlickheyt ende uytnementheyt onder der menschen kinderen uyt te spreyen ende te spreyen ende tedoen uyt-luchten; Bevele &illegible; aen de seeckere ende Almachtige Protecttie des Alderhoochste, ende verbliive

Vyt Douver den 31
Ianuar. 1952 Oudestyl
ten 10 unren inder
nacht.

Vwe getroowe Vriends
ende Lands-Man,

J. Lilburne.

ENde tot Donver genootsaeckt zijnde my te behelpen met des Parlements Ghedruckte Stemmingen nopende mijn Bannissement, in stee van een Paspoort, wird my vand’ Officieren toeghelaten wech te gaen, ende binnen de tijdt van weynige uuren arriveerde ick behouden tot Ooftende, ende op den 8 Febr. Lest-leden [door Gods genade] tot Amsterdam, de plaets mijner begeerde ruste ende Residentie: alwaer ick weynighe daghen daer nae een Gedruckte Acte des Parlements te sien kreegh welck, ghelijck het in de voornaemste Engelsche Nieuwe Tijdings-boecken genaemt Mercurius Politicus, uytgedruckt is, aldus was luydende:

For his much honored Freinds Mr. JOHN SIMSON Mr. Feake, Mr. William Kiffin or any one of them, to be communicated to the rest of their freinds that are to meet on tuesday next at Alhallowes in London, to keepe the fast there, these.

Gentlemen,

THe wise providence of God being so pleased, as to permit so harth a Sentence to be Executed upon me as bannishment out of my native Countrie: though I bless God I have peace and tranquillitie in my owne mynd: yet being but flesh, as wellas other of the sonns of Adam, in whom heere below dwells no perfection, I doe make it my serious & earnest desire to you all, in your supplications to God, at your next meeting at All-hallowes & in other places, as God shall lead out your hearts, to mind my condition at the throne of Groce & to desire of the Lord [the Rock and portion of his chosen ones] to be an hideing place unto me in my exilement & to keepe my soule upright & sincere before him and to sweeten his &illegible; & correcting hand unto me out of it, & to bring glorie & honour to his great name & good unto his chosen ones: and in my absence, to be an husband and father, unto my nighest & tenderest relations, that I leave behind me. So with my truest Love in the sweetnes of Iesus Christ presented unto you all, desireing the Lord to bless & prosper you in all your righteous & just undertakeings; & to make you valiant, couragious and undanted for the truth of God, & not by or for the frownes of men, to be so overawed, as to hold your peace, in the day that the power of God is upon any of your spirits, to convince you that God is about the spreadeing and displaying the bright beames of his glory and excellency, amongst the Sonns of men. I commit you to the safe and almighty protection, of the most high & rest

Dover the 31 of January
1651 old style
at 10 aclock in the
night.

your faithfull
Freind and
Conntryman

J. Lilburne.

ANd being forced at Dover to make use of the Parliaments printed votes about my bannishment, for my pass, I was by the Officers let goe, and in a few houres time I arrived safe at Oftend; & upon the 8 of February last, arrived (by Gods blessing) at Amsterdam, the place of my desired rest & abode, where within a few dayes after, I found at printed act of Parliament, which as is it exprest, in the notablest of English newes books, called Mercurius Politicus thus foloweth.

Op den 30 Ianuary wird by’t Parlement een Acte, tot Executie vande Sententie teghens Lieut. Col. John Lilburne gepasseers, luydende als volght:

ALsoo op den 15 dach Januar, in’t Jaer onses Heeren 1652. in’t Parlement een Vonnisse teghens den voorsz. Lieut. Col. Iohn Lilburn, weghens hooghe Crimina ende miscomportementen door hem begaen, ten opsicht van een valsche, malicieuse ende schandaleuse Requeste ende t’oordeel daer over ghegeven, gelijck in’t breede is blijckende, uytghesproocken is; soo zy dies-halven by dit Parlement ende d’Authoriteyt der selve by Acte verklaert, Dat de Gelt-straffe van drie duysent ponden sterlincks den voorsz. Iohn Lilburne, ten behoeve vande Republijcke opgheleght, voorts door behoorlicke procedure van Rechten, ten behoeve der Republijcke, ghelicht werde; Item, Dat de somme van twee duysent ponden sterlinghs insghelijcks door’t voorsz. Oordeel, den voorsz. Iohn Lilburne opgheleght, om tot reparatie van schanden aen Sir Arthur Hasilridge betaelt te worden; ende de somme van noch twee duysent ponden, door ’t selve Oordeel den boven gemelden Iohn Lilburn opgeleght, om aen Iames Russel, Edward Winslow, William Molins ende Arthur Squib, in’t voorsz. Oordeel genaemt, tot reparatie van schade betaelt te worden, Naemelijck aen yder van hun vijf hondert pondt, oock voorts betaelt werden. Ende dat de voorsz. Sir Arthur Hasilrige, Iames Russel, Edward Winslow, William Molins ende Arthur Squib, hun Executeuren ende Administrateurs, sullen de selfde remedie Rechts procederinge hebben respective tegens den voorsz. Iohn Lilburne sijne Erfghenamen, Executeurs, Administrateurs, ende geassigneerde, tot recouvrement vande respective sommen hun aldus door’t voorsz. Oordeel of Gericht toegheleght, als of de voorsz. respective summen, door bysondere Erkentenisse op den aert eener Statuyt-stapel, op den voorsz. 15, dach Januar. int Jaer onses Heeren 1651 van den voorsz. Iohn Lilburne voor schult waere aen yder van hun erkent geweest. Item, door authoriteyt als voorseght zy, insgelijcks oock by Acte verklaert, Dat de voorsz. Iohn Lilb. binnen 20 dagen, te rekenen van den 15 dach Januar. 1652. uyt Engeland, Schotlandt ende Yrelandt, ende allen Eylanden, Landen ende Dominien van dien, vertrecke: ende in gheval de voorsz. Iohn Lilburne t’eenigher tijdt, nae d’expiratie vande voorsz. 20 dagen, te rekenen als vooren geseght, binnen Enghelant, Schotlandt, Yrelandt ofte binnen eenighe van de Eylanden, Landen ofte Dominien van dien, gevonden sal worden ofte verbleven sal sijn, dat dan de voorsz. Iohn Lilburne sal sijn, gelijk mitsdesen hy gheoordeelt wort te wesen des doodts schuldich, ende sal dien volghens daer voor ge-executeert worden, sonder Beneficie van Clereci.

Oock is cyndelijcken by Acte door Authoriteyt voorsz. verklaert, dat alle ende yeder persoon ende persoonen, die na expiratie van de voorsz. 20 daghen wetentlijck den voorsz. Iohn Lilburne sullen assisteeren, Herbergen oste verbergen, hy wesende in Engelandt, Schotlant ende Yerlandt, ofte in eenige der Landen, Eylanden ofte Dominien der selve, sullen in cracht deses veroordeelt worden hand-dadigh inder daet aen ghelijcke schult te wesen. Ende allen Richters, Gerichts-persoonen, Majoren, Baellieuwen, Viscalen ende alle andere, soo wel Militaris als Burgerlijcke Officieren, in hun respective Ampten, wort mitsdesen belastallen hulp ende assistentie te verleenen, om den voorsz. Iohn Lilburne in apprehentie te nemen ende dese Acte in behoorlicke Executie te stellen.

Welcke voorgedachte premissen alle samengelegt zynde, ick vertrouwe vastelijck dat yder verstandigh ende vernustigh mensch klaerlieken daer uyt sal sien, dat het Parlement my waerlick in goeder ernst ghebannen heest, ende daer mee het grootste onheyl met my voor gehadt heeft, als sy met eenigh schijn van schoone pretencie my konden oplegghen, ende dat noch ten gheheele noch ten deel, sy het als tot een deck-mantel ghedaen hebben, op dat ick des te beter hun alhier tot een Verspieder mocht verstrecken dan alles behoorlick ende ernstlijck overwooghen zijnde, hoopte in dese quartieren een stille ende vreetsame verblijven te moghen hebben, soo laughe ick my eerlijck Burgerlijck ende vreetsamelijck drage, sonder met ecnige van uwe saken my in’t minste te bemoeyen, noch directelijck noch indirectelijck: ’t welck nae te komen fal door kracht ende hulp des Alderhoochste mijn ernstigh pooghen ende trachten zyn.

Maer ten eynde ickin dese mijn Apologie niet in mangel verblijve, van een uyt-druck te doen van alles wat nae allen menschlijcke reden, in u een goede opinie t’mywaerts mocht baren, ofte tenminste niet soo quaden opinie, als misschien sommige die my quaet willen, in u soecken over my te weegh te brengen; bidde my verlos te gheven ende niet te laten verdrieten, soo, eer ick besluyte, ick in’t korten maer twee Tegen-worpen beantwoorde die teghens my souden moghen ingebracht worden.

’t Ecrste is dit: Dat het qualijck moghelijck t’inbeelden is, dat soo wijse ende verstandighe Mannen als ’t Parlement van Engelandt ghemeenlijck geestimeert ende gern daer voor gehouden willen worden; yemandt Bannen souden ende op 7000 pond straffe condemneeren, Insonderheyt eenen van heur party, ghelijck sy my ghedaen hebben ten ware op klare ende blijckelijcke gronden in Rechten hun daer toe macht gevende, ofte om eenigh Notoir Schelmstuck ofte misdaets wille.

Ten enderen, men mocht sich inbeelden[also de geruchten ende rapporten by velen in ’t gemeen sulcks luyden]dat ick een Leveller ware, dat is te segghen, eener die daer wilde dat alles ghemeen ware ende datmen geen Overigheyt altoos en hadde, ende derhalven, dat billick het Parlement my onder hun Gouvernement niet en lijdet.

Op ’t eerste geef ick tot Antwoort, dat het Parlement in alles wat sy tegens my beslooten hebben, geen Crimen altoos uytgedruckt hebben daer sy my schuldigh aen oordeelen ende waer over sy my ghebannen hebben. Wel is waer, dat in hun voor-ghedachte Acte vanden 30 January lest-leden, sy segghen, dat een Vonnisse tegens my in ’t Parlement uytgesprooken wegens hooge Crimina ende Miscomportementen door my begaen, ten opsicht van een valsche, malicieuse ende schandaleuse Requeste, voor desen aen ’t Parlement door eenen Iosiah Primate van London &c. ghepresenteert. Maer, noch in dese hun voorsz. Acte, noch erghens elders, en noemen sy in’t particulier, wat dese hooge Crimina ende miscomportementen zyn die ick begaen heb, ten opsicht van die Requeste, ende dat Generale beschuldiginghen by de Wetten van Engelandt niets en gelden, ghelijck alle in ’t Parlement die maer de eerste grondstucken van Engelands Wetten verstaen, seer wel weten, als die sulcken selfs dickmaels soo verklaert hebben, als particulierlijck in’t stuck vanden Heer Kimbolton (nu Graef van Manchester) ende de vijs Leden met hem by den Coninck in January 1641 van verraet beschuldight: als blijckt in ’t eerste Deel van ’t Boeck haerder Declaratien, pag. 35. 38. 53. 67. 77. 101. 123. 201. 203. 210. 278. diergelijck deden sy oock in hun verdediginge van Sir Iohn Hotham, den welcken de Coninck voor Verrader verklaert had, als blijckt in ’t selfde Boeck pag. 162. ’t welek oock blijcklijck is inde Verdediginghe van Isaac Pennington, Heer Major van London, Alderman Foulke, Colonel Ven ende Col. Manvareing; dewelcke in ghenerale woorden by den Coninck voor Verraders verklaert zijnde, soo wordt daer in’t voorsz Boeck pag. 845 Positiflicken harent halven ghesustineert, dat het teghens allen regelen van Recht ende Gerechtigheyt &illegible; alleen een mensch ghevanghen te nemen op een generale beschuldiginge, ick laet staen hem een gelt-straffe ofte bannissement op te leggen. ’t Welck alle, verscheyde van die Parlements luyden, die nu in ’t Huys tot West-munster sitten, ten vollen verklaert ende buyten allen twijffel ghestelt hebbon in hun jongste Stemmen in’t stuck van Mr. Hollis, Sir Philip Stapleton, ende de rest van hun elve beschuldigde Leden des Parlements: dewelcke op den 15 Juny 1647 door de Armee in generale woorden van Verraet beschuldight zijnde, soo stemde ’t Huys der Gemeente dat doenwas, dese beschuldiginghe nae Rechten niet te zijn: op welcke Stemmighe de teghenwoordige Generael ende de rest van d’Officiers van d‘Armee, het doen-maels berusten lieten, als een wettelijcke ende rechtmatige Stemmighe; ende dien volghens verlieten hun generale beschuldiginghe, ende brachten in Julio een particulieren in; ‘t welck alles is blijckende by ‘t Boeck der Declaratien der Armee pag. 47. 48. 70. 79. 80. Oock is de bekende ende verklaerde Wet van Engeland in desen deele klaer, als dat generale beschuldiginghen in Rechten niets en gelden, ghelijck klaerlijck is blijckende, by dien Oraculum des Engelschen wets, men Heer Cooke in’t 4 Deel sijner Jnstitutie Cap. High-court of Parlement Fol. 39. ende in’t tweede Deel zijner Jnstitutien Fol. 591 ende 614. 615. 616. in welcke laetste drie pag. men gheregistreert vindt de welbedachte resolutie ende opinie van alle Richters in Engeland in’t derde Jaer van Coninck Iacobus, op een seer hooge contestatie met ende tegens de gantse Cleresy van Engelandt: welck oordeel absoluytelijck ende overvloedelijck ’t stuck is bevestigende.

Ende om speciael order van ’t Huys der Gemeente, den Engelsche Natie voor goede ende ghesonde Wet-boecken in openbaren Druck uyrgegeven. Besiet oock tot desen effect dat Notoir Ghedruckte Arguments in law (Rechts Bewijs) keschreeven door Sergeant Bramston, onlancks opperste Richter in Engelandt, ende door Mr. Seldeu, ende Mr. Calthrop, als oock door Mr. Noye, alle seer vermaerde in de Wetten van Engelandt seer geleerde Mannen op ’t Schrift van Habeas corpus in ’t Hof van’s Conincks banck, in’t derde Jaer der jongst-gewesene Konincks Carolus, in die vermaerde ende &illegible; voorvallen der doenmaels Herorsche voor-rechters van Engelands Vryigheden, Sir Iohn Elliot, Sir Thomas Darnel, Sir Iohn Corbet, Sir Walter Earle, Sir Iohn Henningham ende Sir Edward Hampden.

Invoege dat by de klare ende duydelicke mede-stemminge van Engelands Wetten, als oock by de stemme deses Parlements ende de Declaratie der Armee, het Parlement van Engelandt gheen wettelijcke Crimen my te laste heest gheleght, waer over sy my in een geltstraffe van 7000 pondt ghecondemneert ende voor eeuwighuyt mijn Vader-landt gebannen hebben, op Levens-straffe so ik oyt weder quame. Ende ick ben dies seecker, sy selfs in’t eerste Deel haerder Declaratie-boeck pag. 660. verklarẽ wel uytdrucklijck, dat het haer schuldighe plicht is hun uytterste beste te doen, dat oock de alderslechste onderdanen van Engelandt hun eygen Geboort-recht, vryigheyt ende vrydom der Lands-wetten ghenieten moghen, hebbende daer ghelijcke Recht toe met den alder-grootsten Heer ofte Graef deser Natie. Ja selfs woorden de Wetten van Engelandt in des selfs Wet-boecken gheheeten het groote Ers-rechtvan yder Engels-man, jae oock het Ersder Ers-schappen, sonder ’t ghenot van welcke Erf-schap een Engels-man gheen Erf-schap altoos en heeft. Want door de Wetten van Engelandt komt aen yder Engels-man een grooter Erfschap als door sijne Ouders, Edward 6. Fol. 36. Ende Heer Cookes aenmerckingen over het Engels Magna Charta noemt sijn twede Deel Institutle fol. 51. 63. 97. Maer om ten vollen d’onwettelickheyt van ’s Parlements Sententie, over my ghestreecken, t’ontleden, soude vele booge Papiers vereyschen; ’t welck door Gods hulpe mijn naeste werck sal wesen, als nu dit gedruckt sal zijn: alwaer, soo ’t moghelijck is een verhael sal wesen van degantsche procedure des Parlements ende hun Ghecommitteerde in meest alle dese 20 dagen, die sy onder hun over dese saecke, mijn Bannissement betteffende, hebben toegebracht.

Waer-inne ick niet en twijffele, of ick sal met Gods hulpe, alle omstandigheden inghesien zijnde, by de Wetten van Engeland klaerlicken bewijsen ende ten vollen blijcken doen, dat de Sententie des Parlements (wiens wercken betuyghen dat het soo by hun light, als dat sy noytgesint zijn op te staen ofte te lijden datter een Nieu Parlement in Engelandt sitte, al-boewel by deWetten noch aldaer in esse alle Jaeren eene hoorde te zijn, of noch dickwilder soo het de noot vereyschen mocht) welcken sy over my hebben uytghesproocken in Godloosheyt, onwettelickheyt ende ongherechtigheyt dien Sententie conform en ghesijck zy, welcken de Bisschoppen ende de Heeren inde Sterr-Camer tegens my gevonnist hebben, hier boven in dese Apology pag. 23 gedacht: Welcken sy selfs op den 4 May 1641 niet allech voor onwettelijck ende strijdende tegens de Vryigheyt des onderdaens by stemmen verklaert hebben, maer oock voor een Bloedige, Godloose, Wreede, Barbarische ende Tyrannische Sententie. Ende dus veel tegenwoordigh voor dat stuck.

Nu wat aengaet mijn Levelling ofte wechneminge van allen eygendom ende Magistrature, daer op geef ick tot Antwoordt. Ick ben nu omtrent 15 Jaeren lang op het openbaer Tonneel van onrusten ende droefheden geweeft, ende hebbe met mijn eygen handen geschreven, ende doen Drucken ongheveer 40 Boecken kleyn ende groot. In welcken soo daer een blat, een bewijs-rede, regel oft Syllabe in allen, ofte in eenich van dien, zy, zoo veel als daer henen streckende, so ben ick te vrede daer over mijn leven te verbeuren. Jae dat meer is, indien in allen te samen daer niet de hoochste ende reden-matighste bewijs-redenen ter contrary en zyn, die oyt de Wet, de Rede ende d’Ervarentheyt souden konnen verlenen, soo laet my voor eeuwigh ende altoos onder desen brand-merck der schande ende infamie liggen blijven.

Jae, om mijn ghevoelen ende oordeel van dese sake recht uyt te spreken, soo moet icku segghen dat dit begrip van Levelling ofte gelijckheyt des ey gendoms ende Magistrature my soo belacchelick ende dwaes voor komt, dat ick my qualick inbeelden kan, dat een Man van gesondene herssenen, rede ofte verstandelickheyt, soo Sor soude konnen werden, als sulcke gronden te willen mainteneeren, overmits sulcks (by aldien het gepractiseert wirdt) niet alleen allen vlytigheyt inde Werelt soude te niete doen, maer ook de grondvestingẽ selfs der Generatie ende der subsistentie, ofte bywooningh des eenen by den ander, ommewerpen: Want wat de vlijtigheydt ende de kloeckheyt betrest, waer door de societeyten des menschelijcken gheslachts onderhouden ende gehandthaest worden, wie salder moeyte ende vlijt willẽ doen voor yets, dat wanneer het ver cregen is, niet sijn eygen en is, maer soude gelijkelijk moetẽ uytghedeelt worden aen yder luye ende slordighe for? oste wie sal vechten willen voor yets, daer hy geen ander interest aen en heeft, als soodanich dat ook eens anderen wille ende welbehagen moet onderworpen zijn, jae oock eens bloo-hals, ende snoode-de kleyn-hertige geselle, die met sijn stil-sitten ghelijcke portie met den alderkloeckste ende manhastighste in allen sijne brave ende edele Exploiten soude genieten? De Oude Encouragement voor die, die wel eer hun Vaderlandt souden voorvechten, was dese, dat sy hun persoonen waagen souden voor ’t geen hun eygen was, namelijck, hun eyghen kinderen ende hun goet ende have. Ende dit houdt my ten goedat ick segge, ende dat metter waerheyt, dat die luyden die in Enghelandt meest met desen naem van Levellers ghebrandtmerckt worden, van allen luyden defer Natie wel d’ aller vrijste zijn van eenigh dierghelijck Desseyn van alles ghelijck te maken, indien sin daer boven van gedacht is; alleen verscheyde van die, die voor Levellers ghehouden worden, zijn luyden van kloecken ende ghesonden verstandt, ende van een oprechte ende vroome Conscientie, ende luyden die grootelijcks nae de waere ende reecle vryigheyt der Enghelsche Natie zijn verlangende. Welcker &illegible; ettelijcke, op seecker plaets, Putney genaemt, omtrent 4 mijlen van Londen, als oock op verscheyde andere plaetsen, dickmaels in arguatie geweest zijn met den tegenwoordighen Generael ende de Hooft-Commandanten sijner Armee, ende hebben aldaer onder anderen dinghen ghesustineert, Dat hun jongsten Oorlogh ende &illegible; ghevecht met den Coninck, ende hun jongste Extraordinary daden, met het Parlement, hun Meesters, te opposeren ende te purgeeren, niet door gewelt van wapenẽ, die ’t hun gheliesde uyt hun wech te nemen noyt in ’t minste, noch voor Godt, noch voor den mensche konden gerechtveerdight worden, dan alleen met een spoedigh ende dadelijck oprechtinge der Engelsche Natie, in de hoochste ende louterste vryigheden de eerste Wetten der Natuer ende der Rede hun konden investighen: ’t welck soo sy niet deden, souden sy de Natie met niets anders dan met gheduerighe hertsbrandende oorloghen vervalsen: gelijck sulcx d’ ervarentheyt zedert wel bewesen heeft.

Maer de Generael seer wel wetende, dat sulcks nae te komen, daer sy soo sterck op aenhielden, daer door t’eenemael vervallen soude, die princelijcke grootsheyt ende absolute, jae meer dan Keiserlicke Dominie, om welcken volkomentlijck te ghenieten zijn onversaedelijcke eensucht duy sentmael meer naer haeckte ende verlanghde, dan dat hy de Natie van bloedt ende toekomende oorlogh verhoeden soude.

En derhalven om alle hun stercke redenen te verbluffen ende te niet te maken, ende alle hun stercke bewijs-redenen te beantwoorden, ginck hy te werck om hare persoonen in het oogh des volcks van Engelant hatelijck te maecken, ende tot dien eynde hy ende sijn schalcke ende listige schoon-soon Ireton, (onlancks overleden) doopten dese mannen in ’t Iaer 1647, Levellers, sot Putney, de plaets daer doen het hoost-quartier van de Armee was liggẽde ende daer dese voorsz Dispute in de kercke ofte andere vergaderingh-plaetsen, gemeenlijck ende alder meest gehouden wierden.

d’Ontdeckinge des voorsz. Groot Officiers Apostasyen ende Guychelerye aldaer, is in seecker Tractaet tot Londen in ’t selfde Iaer gedruckt, in levendighe couleuren asghemaelt, beschreven by eenen Iohn &illegible; ende ghehieten Putney-projects (Putneys voorslaghen) ofte ’t oude Serpent in een nieuwe form: het welck eerlang lichtelijck in ’t Neerlands mocht overgeset worden.

Ende de voorsz. Generael ende sijn schoonsoon Ireton, hebbende beyde de publijcke macht ende Beurse vanEngelandt in hun commando, deden wel haeftelijck door de tonghen ende pennen haerder Agenten de voorsz lafteringhen wijt ende zijts uyt stroyen, als dat dese myne voor-gemelde vrienden allen eygendom in de Natie wilden &illegible; ’t welck een lange wijl by ’tvolck van Enghelandt gheloost wirdt, als dat wy inder daet mannen waren die in onse Grond-leere waerlijck Levellers, (dat is Gemeyn-makers) waren van wyven, Magistraten, Goederen ende alle andere saken ons aengaende; tot dat in mijn ghevanckenisse nevens mijn drie voorghedachte Cameraden Mr. Walwyn, Mr. Prince, ende Mr. Overton, wy tot onse verdediginge ghenootsaẽekt wierden twee boogen Pampiers met onser aller namen tot hun uyt te gheven ende inde 20000 stucks te drucken, ende om niet, over gantsch Engelandt, uyt te deelen.

d’ Eene wort geheeten een Manifeste, gedateert den 14 April. 1649. d’ ander voert den tijtel van een Accoort des Vryen volcks van Engelandt, gedateert den 1 May 1649. in welcker laetste de volle ende gheheele begeerte van ons ende onse voorgedachte vrienden, begrepen wort, ten opsicht van ’t Civile ofte Burgerlijcke gouvernement: in welcker genietinge, wy volkomentlijck vernoeght ende bevredight souden zijn: Welcke Discoursen ugelieven sal in ’t Neerlandts te verwachten: want die op desen tijdt te geven, soude dese Apology te wijtloopigh maken. En daerom met mijn hertelijcke groetenisse aen u alleen ghepresenteert, neme ick verlof my te onderschrijven.

         Myn Heeren
&illegible; vriendt, om op alle gerechtige ende eerlicke manieren is te dienen, wesende een waer
gebooren ende oprechthertigh Enghels-man, die daer alle menschen eert, die hun vryigheden
ende Vrydommen lief hebben.

John Lilburne.

We mijn studoir op de
Heylige wech straet toe
Amsterdam, den 3
Aprill 1652.

Januarie the 30 the Parliament passed an Act for executeing of the judgement against Lieut. Col. J. Lilburne as foloweth,

WHereas upon the 15 day of Ianuary in the yeare of our Lord 1651, a judgement was given in Parliament, against the said Lieut. Colonel John Lilburne, for high crimes and misdemeanours by him committed, relateing to a false, malicious & scandalous Petition, & the judgement thereupon given, as at large appeareth: Be it therefore enacted by this present Parliament, and the Authoritie of the same, That the fine of three thousand pounds imposed upon the said John Lilburne to the use of the Commonwealth, by the judgement afore-said, shall be forthwith levied by due process of law, to the use of the commonwealth accordingly. And be it further enacted, That the sum of two thousand pounds, likewise imposed by the said judgement upon the said John Lilburne to be paid to Sir Arthur Hasilrige for dammages, & the sum of two thousand pounds likewise imposed by the said judgement upon the said John Lilburne, to be paid to James Russel, Edward Winslow, William Molins & Arthur Squib, in the said judgement named; that is to say, to each of them five hundred pounds for their dammages, shall be forthwith paid accordingly: and that the said Sir Arthur Hasilrige, James Russel, Edward Winslow, William Molins and Arthur Squib, their Executors and administrators, shall have the like remedy and proceedings at Law respectively, against the said John Lilburne, his heirs, Executors, Administrators and Assignes, for the respective sums so given to them by the said judgement, as if the said respective sums had been due by several Recognizances in the nature of a statute staple, acknowledged unto them severally by the said John Lilburne upon the said 15 day of Ianuary in the yeare of our Lord 1651. And be it likewise enacted by the Authority aforesaid, that the said John Liblurne shall, within 20 dayes to be accounted from the said 15 day of Ianuary 1651, depart out of England, Scotland, Yreland & the Yslands territories & Dominons thereof. And in case the said John Lilburne at any time after the exspiration of the said 20 dayes, to be accounted as aforesaid, shall be found, or shall be remaining within England, Scotland, Yreland or within any of the Yslands, Territories or Dominions thereof: The said John Lilburne shall bee & is thereby judged a felon and shall be executed as a felon, without benefit of Clergie.

And it is lastly enacted by the Authoritie aforesaid that all & every person & persons, who shall after the exspiration of the said 20 dayes, wittingly relative, harbour, or conceale the said John Lilburne, he being in England, Scotland or Yreland, or any the territoreis, Yslands or Dominions thereof, shall be hereby judged accessorie of felonie after the fact. & all Iudges, Iustices, Majors, Bailiss, Sherifs & all other Officers, as well military as civil, within their respective places, are hereby required to be aiding & assisting in apprehending the said John Lilburne & in putting this act in due Execution.

The laying of all which the forementioned præmises together, I am confident, to any understanding rationall man, will be a cleare convincement, that the Parliament hath bannished me in good earnest & intended it as the greatest mischeif to me; that with any colourable pretente they could inflict upon me & never in the least by the whole, or any part of them intended it as a cloake or colour to enableme the better to be a spie for them. All which duly and seriously considered; I hope I shall in these parts find a quiet & peaceable aboad in your Land, while I walke honestly, civilly & peaceably; without medling or makeing with any of your affaires, in the least, either directly or indirectly; whith thorough the strength and assistance of the most high, shall be my earnest study & endeavour.

But least I should fall short, in this my Apologie to you, in expressing all that rationally might procure from you a good opinion towards me, or at least not so evil an one as peradventure some that wisheth me evill may endeavour to beget in you towardomes give me leave, without being judged tedious; before I conclude, shortly at present to answer but two objections, that may be made against me, & the.

First is, that it can scarse be imagined possible, that so wise & understanding a people as the Parliament of England are commonly reputed, & would be thought to be; would bannish & sine a man seven thousand pound, especially one of their owne partie, as they have done me, but upon cleare & evident grounds in Law, inableing them thereunto, and for some notorious wickednes.

Secondly, It may be imagined (because amongst many it is commonly brusted & reported) that I am a Leveller, that is to say, one that would have all things common and have no Magistrates at all, and therfore very fit for the Parliament, not to suffer me to alide under their government.

Vnto the first of which I answer, that the Parliament hath nosin all that they have passed against me, exprest any crime at all that they judge me guiltie of for which they have bannished me. Its true; in the fore mentioned act of the 30 of Ianuary last, they say a judgment was given against me in Parliament, for high Crimes & misdemeanours by me committed, relateing to a false, malicious and scandalous Petition, heretofore presented to the Parliament, by one Josiah Primate of London, &c. But they doe neither in their said act nor any where else particularly name, what those high Crimes and misdemeanours are, which I have committed in reference to that Petition, and generall Charges by the Law of England, signifie nothing, as all in the Parliament, that understand the first rudiments of the Law of England, verywell know, the which they themselves have often so declared, as particularly in the Case of the Lord Kimbolton (now Earle of Manchester) & the five Members impeached with him by the King, in Ianuary 1641. as appeares by the first part of the Booke of their Declarations, page 35, 38, 53, 67, 77, 101, 123, 201, 203, 210, 278. the same they did in their vindication of Sir John Hotham, who was declared Traitor by the King, as appeares in the same booke page 162. The which is also evident, in the vindication of Isaac Pennington, Lord Major of London, Alderman Foulke, Colonel Ven and Colonel Manwareing; who being declared Traitors by the King in generall termes; in the foresaid booke page &illegible; it is positively averred in their behalfe, that it is against all the rules of Law & Iustice, so much as to imprison a man upon a Generall Charge, much more to fine or bannish him. All which, divers of those Parliament men, who now sit in the house at Westminster have fully cleared & put out of all doubt, in their late votes passed in the Case of Mr. Hollis, Sir Philip Stapleton, and the rest of those eleven impeached Members of Parliament: who being the fifteenth of Iune 1647 impeached of treason by the Armie in a Generall way; the then house of Commons, voted that Charge, to be no Charge in Law, which vote the present Generall & the rest of the Officers of the Armie, did then rest in, as a legal and just vote, & accordingly waved their Generall Charge, & brought in, in Iuly after, a particular one, all which appeares by the booke of the Armies Declarations page 47, 48, 70, 79, 80. Also, the knowne and declared Law of England is cleare in this point, that Generall Charges in Law art nothing, as clearly appeares by that Oracle of the Law of England my Lord Cooke, in his fourth part of his Institutes Chap. High-court of Parliament fol. 39. And the second part of his institutes fol. 591, & 614, 615, 616. in which last three pages is recorded, the deliberate & resolved opinion of all the judges in England in the third yeare of King James, upon a verie high contest with & against all the Clergie of England which judgement doth absolutely & aboundantly confirme the point.

And both the foresaid bookes, by the house of commons special order, about teen yeares agoe were published to the English people, for good & sound law. See also to this purpose, that notable printed argument in Law, made by Sergeant Bramston, late Lord cheif Iustice of England and by Mr. Selden, and Mr. Calthrop and by Mr. Noye, all famous and learned men in the Lawes of England, upon the writ of habeas corpus in the Court of Kings Bench, in the third yeare of the late King Charles; in those famous and remarkeable cases, of those then Heroique Champions for Englands liberties, Sir John Elliot, Sir Thomas Darnel, Sir John Corbet, Sir Walter Earle, Sir John Henningham & Sir Edward Hampden.

So that by the cleare and distinct voice of the Law of England, as also by the voyce of this Parliaments and Armies declarations; the Parliament of England have laid no Crime in Law unto my Charge, for which they have fined me 7000 pounds and Bannished me for ever out of my native Countrie upon paine of death never to returne againe. And I am sure of it they themselves, in the first part of their booke of Declarations, page 660, doe declare, It is their duty to use their best endeavours that the meanest of the people of England may enjoy ther owne birth-right, freedome and libertie of the Lawes of the Land, being equally intitled thereunto, with the greatest Lord or Earle in the Nation. yea the Lawes of England in the Law-bookes thereof, are called the great Inheritance of every English man, yea the inheritance of inheritances, without the enjoyment of which inheritance, an English man hath no inheritance at all. For by the Lawes of England comes to every English man a greater inheritance then by his parents, Edward 6 fol. 36. and Lord Cookes commentary upon the Englis Magna Charta, called his second part Institutes fol. 51. 63. 97. But fully to Anatomize the illegalitie of the Parliaments Sentence so past upon me, would require many sheetes of paper; which by Gods assistance shall be my next taske after the printing of &illegible; where if it be possible shall be a narrative of the whole proceedings of the Parliament and their Committee in almost those 20 dayes, that betwixt them, they spent upon that busynes, about which I am bannished.

Where I doubt not but by the strenght of God, all circumstances considered, clearly by the Law of England to evince and fully to prove, that the Sentence of this Parliament (whose actings say it is in their hearts never to rise or suffer a new Parliament to sit in England, though by the Law yet in force, there ought to be one every year, or oftner if need require) which they have past upon me is equivalent, or equall in wickednes, illegality & injustice, with that Sentence of the Starr-Chamber which the Bishops & the Lords there passed against me, and which is mentioned before in this Apologie page 23. which they themselves the 4 of May 1641 voted not only to be illegall and against the libertie of the subject, but also bloor die, wicked, cruell, barbarous and tyrannicall. and so much at present to that point.

Now, as for my levelling of proprietie & Magistracy, I answer: I have now bin about 15 yeares upon the public stage of troubles and sorrowes; and little and great I have writ with mine owne hands and caused to be printed about 40 bookes. in which if there be one page, argument, line or syllable in them all, or any one of them, so much as tending to such a thing, I will be willing to loose my life therfore: nay if in them all put together there be not the highest and most rationall arguments to the contrarie, that Law, reason, or experience can afford: let me lie under this grandbrand of infamie, to perpetuity.

Nay; in my opinion and judgement, this Conceit of Levelling of propriety and &illegible; is so ridiculous and foolish an opinion, as no man of braines, reason or ingenuitie, can be imagined such a &illegible; as to maintaine such a principle, because it would, if practised destroy not only all industry in the world, but raze the very foundation of generation, and of subsistence or being of one man by another. For as for industry and valour by which the societies of mankind are maintained and preserved, who will take paines for that which when he hath gotten is not his owne, but must equally be &illegible; in, by every lazy, simple, dronish &illegible; or who will fight for that, wherein he hath no other interest, but such as must be subject to the will and pleasure of another, yea of every coward and base low spirited fellow, that in his sitting still must share in common with a valiantman in all his brave and noble atcheivements? The ancient incouragement to men that were to defend their Countrie was this; that they were to hazard their persons for that which was their owne, to wit, their owne wives, their owne children their owne Estates. And this give me leave to say, and that in truth, that those men in England, that are most branded with the name of Levellers, are of all in that Nation, most free from any designe of Levelling, in the sense we have spoken of only, divers of those reputed Levellers are men of a strong and sound reason and of an upright and just conscience, and persons that highly long for the true and reall freedome of the English Nation. Some of the cheifest of whom haveing often argued at a place called &illegible; about foure miles from London, and and severall other places, with the present Generall and the cheife Officers of the Armie, and maintained amongst other things, That their late warrs and late fightings with the King and their late extraordinary actions in opposeing the Parliament (their Masters) and purgeing of them, by takeing out from amongst them with force of armes whom they pleased, could never be justified in the least measure, either before God or man, save by a speedie and actuall instateing the English people in the highest and purest of freedomes, that the prime Lawes of Nature or reason, could instate them in. The want of the doeing of which, would fill the Nation with nothing but continuall heart-burnings and warre, the which experience hath since proved.

But in the doeing of that for which they so strongly argued, the Generall very well knew, it would Level that princely greatnes and absolute Dominion more then Imperiall, that his unsatiable ambition swell’d after the perfect injoyment of, a thousand times more then the preservation of the nation from blood and future warrs.

Therefore to blast and bassle all their strong reasons, and answer all their fortified arguments, he makes it his worke to render their persons odious in the eyes of the people of England, and he and his crafty subtil son Ireton (lately deceased) in the yeare 1647, baptized them Levellers at Putney, the place where at that time the Armies head-quarters lay and where these foresaid disputes were most frequently and commonly held, in the Church or meeteing place thereof.

The discoverie of the said great Officers &illegible; and Juggleings there, is lively set forth in a treatise printed at London in the same yeare, being writt by one John Lawmind and &illegible; Putney-projects, or the old Serpent in a new forme. Which &illegible; long may probably be translated into Dutch.

And the said Generall and his sonn-in-law Ireton, haveing both the public power and the public purse of England at their command, did by their agents &illegible; and penns quickly disperse the said &illegible; that they my foresaid freinds would levell all propriety in the Nation, which was for a great while strongly by the people of England beleived, and that wee were men in our Principles, really Levellers of Wives, Magistrates, Estates, and all relations whatsoever; till in the imprisonment of my three fore-mentioned Camerades, Mr. Walwyn, Mr. Prince, Mr. Overton, which my selfe, we were forced for our owne vindication to publish two sheetes of paper with all our names to them and print the greatest part of 20000 of them and send them gratis all over England.

The one is called a Manifestation dated April 14. 1649. The other is intituled an Agreement of the free people of England, dated May 1, 1649. In the last of which are &illegible; the full and whole desires of us and our foresaid freinds, in reference to civil Government; in the enjoyment of which, we should fully acquiess. The which discourses you may please to expect in Dutch, for to give you them at this time, would make this Apologie too large and therfore with my hearty salutes presented to you all, I take leave to subscribe my selfe,

       Gentlemen,
Your freind in all just & honest
wayes to serve you, being a true
bred & a plaine hearted Englis-man,
that honours all men in the
world that love their liberties
& freedomes,

John Lilbvrne.

From my studie in the
Holy-way streat in Amsterdam
this present 3
of Aprill 1652.

FINIS.

Endnotes

 [* ] Lilb. ketzijn naem insebrijven, maer refuserende hun gelt te geven, deden sy sijn naem weder uyt.

 [* ] Sy lietennoyt d’Interrigatoria aen Lilburn sien, alboewel by die te sien begeert had, om te weten wat by sweeren sou.

 [* ] De Sommaris van weleken Eed was, een waorachtig Antwoort tegeven op alles wat hen gevraegt sou sou worden. So helpe u Godt.

 [* ] M. Godwyn, Moses ende Aaron.

 [* ] Lilb. did enter his name but refusing to give them money, they put out his name.

 [* ] they never shewed the interrogatories to Lilburn, though be desired the sight of them, that so he migt know what he did sweare too.

 [* ] The sum of which was, you shal swear to make true answer to all things that are asked you, so help you God.

 [* ] M. Godwyn, Moses, and Aaron.