The picture of the Councell of State, held forth to the free people of England by Lieut. Col. John Lilburn, M. Thomas Prince, and M. Richard Overton, now prisoners in the Tower of London for bearing testimony to the liberties of England against the present tyrants at White-Hall, and their associates, or, a full narrative of the late extrajudiciall and military proceedings against them ; together with the substance of their severall examinations, answers, and deportments before them at Darby-house, upon March 28 last.

And in the same paper is contained Sir Hardresse Wallers and Col. Whaley's Commis∣sion or Deputation to Adjutant General Stubber to apprehend Mr. Walwin and my self; who with his Officers, dealt abundantly more fairly with us, then I understand Lieut. Col Axtel dealt with Mr. Prince and Mr. Overton; From which Lieut. Col. if there had been any harmony in his spirit to his profession, abundance more in point of civili••••, might have been expected, then from the other, though he sell much short.

But when we were in Pauls Church-yard, I was very earnest with the Adjutant Ge∣neral, and his Ensigne that apprehended me (as I understood by the Adjutant he was) that we might go to some place to drink our mornings draughts; and accordingly we went to the next door to the School house, where we had a large discourse with the Officers, especially about Mr. Devenish's sons; we understanding they had no Warrant at all to meddle with them in the least, nor nothing to lay to their charge, but a private informa∣tion of one Bull their Fathers tenant, between which parties there is a private difference; we told them, we could not but stand amazed, that any Officer of an Army durst in such a case apprehend the person of any Free-man of England, and of his own head and au∣thority, dragging him or them out of his house and habitation, like a Traitor, a Theef, or a Rogue; and they being ashamed of what they had done to them, at our importunity, let both the young men go free. So away by water we three went to White hall with the Ad∣jutant Gen. where we met with our friend M. Overton. And after we had staid a: White hall till about 4 or 5 of the clock in the afternoon, we were by the foresaid Adjutant carried to Darby-house, where, after about an hours stay, there were called in Lieut. Col. Goldegue, a

Coalyard keeper in Southwark, and as some of good quality of his neighbours do report him to have been no small Personal Treaty man; and also Captain Williams, and M. Saul Shoe-maker, both of Southwark, who are said to be the Devills 3. deputies, er informers against us; and after they were turned out, I was called in next, and the dore being opened, I marched into the Room with my hat on; and looking about me, I saw divers Members of the House of Commons present, and so I put it off; and by Sergeant Dendy I was directed to go neer M. Bradshaw, that sat as if he had been Chairman to the Gentlemen that were there present; between whom, and my self, past to this following effect.

Lievt. Col. Lilburn (said he) here are some Votes of Parliament, that I am commanded by this Councel to acquaint you with; which were accordingly read, and which did contain the late published and printed Proclamation or Declaration, against the second part of England New Chains discovered, with divers instructions and an unlimitted power given unto the Councel of State, to finde out the Authors and Promoters thereof, After the reading of which, M. Bradshaw said unto me, Sir, You have heard what hath been read unto you, and this Councell having information that you have a principle hand in compiling and promoting this Book, (shewing me the Book it self,) therefore they have sent for you, and are willing to hear you speak for your self. But I saw no Accuser, prosecutor or witnesse brought face to face, which were very strange proceedings in my judgement.

Well then M. Bradshaw, said I, If it please you and these Gentlemen to afford me the same liberty the Cavaliers did at Oxford, when I was arraigned before them for my life, for levying war in the quarrel of the Common-wealth, against the late King and his par∣ty, (which was liberty of speech to speak my mind freely without interruption) I shall speak and goe on, but without the liberty of speach I shall not say a word more to you.

To which he replied, That is already granted you, and therefore you may go on and speak what you can or will say for your self, if you please; or if you will not, you may hold your pyace and withdraw.

Well then (said I) M. Bradshaw, with your favour, thus. I am an Englishman born, bred, & brought up, and England is a Nation Governed, Bounded, and Limited by Laws & liber∣ties: and for the Liberties of England, I have both fought and suffered much: but truely Sir, I judge it now infinitely below me, and the glory and excellency of my late actions, now to plead merit or desert unto you, as though I were forced to fly to the merit of my former a∣ctions, to lay in a counter-scale, to weigh down your indignation against me, for my pre∣tended late offences: No, Sir, I scorn it; I abhor it: And therefore Sir, I now stand before you, upon the bare, naked, and single account of an Englishman, as though I had never said, done, or acted thing that tendeth to the preservation of the liberties thereof, but yet, have done any act that did put me out of a Legal capacity to claim the utmost punctilio, benesit, & priviledge that the laws & liberties of England will afford to any of you here present, of any other man in the whole Nation: And the Laws and Liberties of England are my inhe∣ritance and birth right. And in your late Declaration, published about four or five daies ago, wherein you lay down the grounds and reasons (as I remember) of your doing Ju∣stice upon the late King, and why you have abolished Kingly Government, and the House of Lords, you declare in effect the same; and promise to maintain the Lawes of England, in refe∣rence to the Peoples Liberties and Free∣doms: And amongst other things therein contained, you highly commend and extol the Petition of Right, made in the third year of the late King, as one of the most excellent and gloriest Laws in reference to the peo∣ple liberties that ever was made in this Na∣tion,

and you there very much blame, and cry out upon the King, for robbing and de∣nying the people of England the benefit of that Law; and sure I am (for I have read and studied it) there is one clause in it that saith expresly. That no Free man of England ought to be adjudged for life, limbe, liberty, or estate, but by the Laws already in being establish∣ed and declared: And truly Sir, if this be good and sound Legal Doctrine (as un∣doubtedly it is, or else your own Declara∣tions are false, and lies) I wonder what you Gentlemen are; For the declared and known Laws of England knows you not, neither by names nor qualifications as per∣sons endowed with any power either to imprison or try me, or the meanest Free-man of England; and truly, were it not that I know the faces of divers of you, and honour the persons of some of you, as Members of the House of Commons that have stood pretty firm in shaking times to the interest of the Nation; I should wonder what you are, or before whom I am, & should not, in the least honour or reverence you so much as with Civil Re∣spect, especially considering the manner of my being brought before you, with armed men, and the manner of your close sitting, contrary to all courts of Justice, whose dores ought al∣wayes to stand wide open. M. Bradshaw, it may be the house of Commons hath past some Votes or Orders, to authorise you to sit here for such and such ends as in their Orders may be declared: But that they have made any such Votes or Orders, legally unknown to me, I never saw them. Its true, by common Fame you are bruted abroad and s••iled a Councel of State, but its possible common Fame in this particular may as well tell me a lye as a truth; But admit common Fame do in this tell me a truth, and no lye, but that the House of Commons in good earnest hath made you a Councel of State, yet I know not what that is, because the Law of England tells me nothing of such a thing; and surely if a Councel of State were a Court of Justice, the Law would speak something of it: But I have read both old and new Lawes, yea all of late that it was possible to buy or hear of and they tell me not one word of you, and therefore I scarce know what to make of you, or what to think of you; but as Gentlemen that I know, I give you civill respect, and out of no other con∣sideration: But if you judge your selves to be a Councel of ••t••••e, and by vertue thereof think you have any power over me, I pray you shew me your Commission, that I may know the better how to behave my self before you. M. Bradshaw, I will no•• ••ow questi∣on or dispute the Votes, or Orders of the present single House of Commons, in reference to their power, as binding Lawes to the people; yet admit them to be valid, legal, and good; their due circumstances accompanying them: yet Sir, by the Law of England let me tell you, what the House Votes, Orders, and Enacts within their walls, is no∣thing to me, I am not at all bound by them, nor in Law can take any cognisance of them as Lawes, although 20 Members came out of the House, and tell me such things are done, till they be published and declared by sound of Trumpet, Proclamation, or or the like, by a publike Officer or Magist••ate in the publike and open places of the Na∣tion; But truly Sir, I never saw any Law in Print or writing, that declares your power so proclaim'd or published; and therefore Sir, I know not what to make more of you then a company of private men, being neither able to own you for a Court of Justice, because

the Law speaks nothing of you▪ nor for a Councel of State, till I see, and read, or hear your Com∣mission, which I desire (if you please) to be acquainted with.

But Sir, give me leave further to aver unto you, and upon this Principle or Averment I will venture my life and being, and all I have in the world; That if the House had by a Proclaimed and declared Law, Vote, or Order, made this Councel (as you call your selves) a Court of Justice, yet that proclaimed or declared Law, Vote, or Order, had been unjust and null, and void in itself; And my reason is, because the House it self was never (neither now, nor in any age before) betrusted with a Law-executing power, but only with a Law making power.

And truly, Sir, I should have look'd upon the people of this Nation as very fools, if e∣ver they had betrusted the Parliament with a Law-executing power, and my reason is, be∣cause, if they had so done, they had then chosen and impowred a Parliament to have de∣stroyed them, but not to have preserved them (which is against the very nature and end of the very being of Parliaments, they being by your own declared doctrine, chosen to provide for the peoples weale, but not for their wo, First part Declarat. pag. 150, 266, 267, 269, 276, 279, 280, 304, 361, 382, 494, 696, 700, 716, 726.) And Sir, the reason of that reason is, because its possible, if a Parliament should execute the Law, they might do palpable inju∣stice and m••••e administer it, and so the people would be robbed of their intended extraor∣dinary benefit of Appeals; for in such cases, they must appeal to the Parliament either a∣gainst it self, or part of it self; and can it ever be imagined they will ever condemn them∣selves, or punish themselves? nay, will they not rather judge themselves bound in honour and safety to themselves, to vote that man a Traytot, and destroy him, that shall so much as question their actions, although formerly they have dealt never so unjustly with them? For this Sir, I am sure, is very commonly practised now a dayes; and therefore the honesty of former Parlia∣ments in the discharge of their trust and duty in this particular, was such, that they have declared, the power is not in them to judge or punish me, o•• the meanest free man in England, beeng no Member of their House, although I should beat or wound one of their Members nigh unto their door, going to the House to discharge his duty; but I am to be sent in all such cases to the Judge of the upper. Bench, unto whom by Law they have given declared rules and direction in that particular how to behave himself, which be as evident for me to know as himself. Now ••i••, if reason and justice do not judg it convenient that the Parlia∣ment shall not be Judges in such particular cases, that are of so neer concernment to themselves, but yet hath others that are not of their House, that are as well concerned as themselves; much lesse will reason or justice admit them to be judges in particular cases that are farther remote stom their particular selves, and do meerly concern the Common-wealth; and sure I am, Sir, this is the declared Statute Law of England and doth stand in full force at this hour, there being, I am sure of it, no Law to repeal it, no not since the House of Com∣mons set up their new Common-wealth. Now, Sir, from all this I argue thus, that which is not inherent in the whole, cannot by the whole be derived or assigned to a part.

But it is not inherent, neither in the power nor authority of the whole House of Commons, pri∣marily and originally to ••••ecute the Law, and therefore they cannot derive it to a part of them∣selves.

But yet Sir, with your favour, for all this, I would not be mistaken, as though I maintai∣ned

ned the Parliament had no power to make a Court of Justice; for I do grant they may erect a Court of Justice to administer the Law, provided, that the Judges consist of persons that are not Members of their House; and provided, that the power they give them be universall; that is to say, to administer the Law to all the people of England indefinitely, and not to two or three particular persons solely, the last of which for them to do is un∣just, and altogether out of their power. And therfore Sir, to conclude this point; It being not in the power of the whole Parliament to execute the Law, they can give no power to you their Members to meddle with me in the case before you; For an Or∣dinary Court of Justice (the pro∣per Administrator of the Law) is the only and sole Judge in this parti∣cular; and not you Gentlemen, no nor your whole House it self. And therefore, if you be honest men, and will be as good as your words, oaths and promises, (which are to main∣tain the Laws, in reference to the peoples Liberties) I challenge at your hands the benefit of the Law, and not to be past upon otherwise in any kinde.

For with your favour, Mr. Bradshaw, the fact that you suppose I have committed (for till it be judicially proved (and that must be before a legall Judge that hath cog∣nisance of the fact) or confessed by my self before the Judge; it is but a bare supposition) is either a crime, or no crime: a crime it cannot be, unlesse it be a transgression of a Law in being, before it was committed, acted or done; For, where there is no Law, there is no Transgression And if it be a Trans∣gression of a Law, that Law provides a punishment for it, and by the Rules and method of that Law am I to be tryed, and by no other whatsoever, made ex post facto.

And therefore, Sir, if this be true, as undoubtedly it is; then I am sure, you Gentle∣men, have no power in Law to convene me before you for the pretended crime laid unto my charge; much lesse to fetch me by force out of my habitation by the power of armed men: For Sir, let me tell you, The Law of England never made Colonels, Lieutenant Colonels, Captains, or Souldiers, either Bailisss, Constables, or Justices of Peace: And I cannot but wonder that you should attach me in such a manner as you have done, considering that I have all a∣long adhered to the Interest of the Nation against the common Enemy (as you call them) and never disputed, nor contemned any Order or Summons from Parliament, or the most irregularest of their Committees, but always came to them

when they sent for me, although their Warrant of Summons was never so illegall in the forme of it; and I have of late in a manner de die in diem, waited at the House dore, and was there that day, the Votes you have read, past, till almost twelve a clock; and I am sure there are some here present whose Couscience I beleeve tells them, they are very much concer∣ned in this Book row before you) that saw me at the dore, and stared wishfully upon me as they went into the House; and I cannot but wonder there could be no Civil Officer found to summon me to appear; but that now, when there is no visible hostile enemy in the Nation, and all the Courts of Justice open, that you (that have no power at all over me) must send for me by a hundred or two hundred Armed Horse and Foot, as though I were some monstrous man, that with the breath of my mouth were able to destroy all the Civil Officers that should come to apprehend me; Surely I had not endeavoured to fortifie my house, against you, neither had I betaken my self to a Castle, or a defenced Garrison in hostility against you, that you need to send a hundred or two hundred armed men to force me out of my house, from my wife and children, by four or five a clock in the morning, to the di∣stracting and afrighting of my wife and children: Surely I cannot but look upon this irre∣gular, unjust, and illegal hostile action of yours, as one of the fruits and issues of your new created Tyranny, to amuse and debase my spirit, and the spirits of the People of this Free Nation, to fit me and them for bondage and slavery: This being the very practise of the Earl of Strafford be∣fore you, as M. Pym in his declaration against him, doth notably observe. And Sir, give me leave further to tell you, that for divers hundreds of men that have often been in the field with their swords in their hands, to encounter with hostile enemies, and in their engagements have acquitted themselves like men of valour, and come out of the field con∣querours; for these very men to put themselves in Martial Array against four Mise or But∣terflyes, taking them captives, and as captives lead them through the streets, me thinks is no small diminution to their former Martial Atchievements and Trophies: And therefore to conclude this, I do here before you all, protest against your power and Jurisdiction over me in the case in controversie; And also doe protest against your Warrant you issued out to appre∣hend me; And against all your martial and hostile acts committed towards me, as illegal, un∣just, and tyrannical, and no way in Law to be justified: Further telling you that I saw most of the Lord of Strafford's arraignment, and (if my memory fail me not) as little things as you have already done to me, were by your selves laid to his charge, as acts of Treason; For which I saw him lose his head upon Tower-hill as a Traytor: And I doubt not for all this that is done unto me, but I shall live to see the Laws and Liberties of England firmly setled, in despite of the present great opposers thereof, and to their shame and con∣fusion: and so M. Bradshaw I have done with what I have now to say.

Upon which M. Bradshaw replied, Lieut. Col. Lilburn, you need not to have been so ear∣nest, and have spent so much time in making an Apologetical defence; for this Councel doth not go about to try you, or challenge any jurisdiction to try you, neither doe we so much as ask you a questi∣on in order to your tryal, and therefore you may correct your mistake in that particular.

Vnto which I said, Sir, by your favour, if you challenge no Jurisdiction over me, no not so much as in order to a tryal, what do I here before you? or what do you in speaking to me? But Sir, seeing I am now here, give me leave to say one word more, and that is this; I am not onely in time of peace (the Courts of Justice being all open) fetcht and forc't out of my house by multitudes of armed men, in an hostile manner, and carried as a captive up and down the streets, contr••ry to all Law and Justice, but I am by force of Armes still kept in their custody, and it may be, may be intended to be sent to them a∣gain, who are no Guardians of the Law of England, no nor so much as the meanest Ad∣ministrators or executors of it, but ought to be subject to it themselves, and to the Ad∣ministrators

of it, (as is cleer by the Petition of Right, &c.) yea the General himself. And truly, Sir, I had rather die, then basely betray my Liberties into their martiall fin∣gers (who after their fighting for our Freedoms, would now destroy them, and tread them under their feet) that have nothing at all to do with me, nor any pretended or re∣all civill offender in England. I know not what you intend to do with me, neither do I much care; having learned long since to die, and rather for my Liberties, then in my bed. Its true, I am at present in no capacity effectually to dispute your power, because I am under guards of armed Masketiers; but I intreat you, if you will continue me a prisoner, that you will free me from the military Sword, and send me to some Civil Gaol; and I will at present in peace and quietnesse obey your command, and go. And so I con∣cluded, and was commanded to withdraw, which I did; and then Mr. William Walwin was called in: and while he was within, I gave unto my Comrades Mr. Prince, and Mr. Overton, and the rest of the people, a summary account of what had past between me and them: And within a little time after Mr. Walwin came out again, and Mr. Overton was called in next: And at Mr. Walwin's coming out he acquainted us what they said to him, which was in a manner the same they said to me; and all that he said to them was but this, That he did not know why he was suspected. To which Mr. Bradshaw replyed, Is that all you have to say? And Mr. Walwin answered, Yes. So he was commanded to withdraw.

And after M. Overton was come out, M. Prince was called in, and after he had with∣drawn, they spent some time of debate among themselves, and then I was called in a∣gain; So I marched in Sutable to my first posture, and went close to M. Bradshaw, who said unto me to this effect: Lieut. Colonel Lilburn, this Councel hath considered what you have said, and what they have been informed of concerning you, and also of that duty that lies upon them by the command of the House, which enjoynes them to improve their utmost ability to find out the Author of this Book; and therefore to effect that end, they judge themselves bound to demand of you this question: Whether you made not this Book, or were privie to the making of it or no?

And after some pause, and wondring at the strangeness of the quesion, I answered and said, M. Bradshaw, I cannot but stand amazed that you should ask me such a questi∣on as this, at this time of the day, considering what you said unto me at my first being before you; and considering it is now about eight yeers ago since this very Parliament annihilated the Court of Star-chamber, Councel board, and High Commission, and that for such pro∣ceedings as these . And truly, Sir, I have been a contestor and sufferer for the Liberties of Eng∣land these twelve years together, and I should now look upon my self as the baseft fellow in the world, if now in one moment I should undo all that I have been doing all this while; which I must of necessity do, if I should answer you to questions against my self: For in the first place, by answering this question against my self, I should betray the Liberties of England, in acknowledging you to have legall Jurisdiction over me, to try and adjudge me; which I have already proved to your faces you have not in the least: And if you have forgot what you said to me thereupon, yet I have not forgot what I said to you. And Secondly, Sir, If I should answer to questions against my self, and so betray my self, I should do that which not onely Law, but Nature abhorrs: And therefore I can∣not but wonder that you your selves are not ashamed to demand so iilegall and

unworthy a thing of me as this is, and therefore in short, were it that I ow∣ned your power (which I do not in the least) I would be hanged, before I would do so base and un-Englishman—like an Action, to betray my Li∣berty; which I must of necessity do, in answering questions to accuse my self: But Sir, this I will say to you, My late Actions have not been done in a hole, or a corner, but on the house top, in the face of the Sun, before hundreds and some thousands of people; and there∣fore why ask you me any questions? Go to those that have heard me, and seen me, and it is possible you may finde some hundreds of witnesses to tell you what I have said and done; for I hate holes and corners: My late Actions need no covers nor hidings, they have been more honest then so, and I am not sorry for what I have done; for I did look well about me before I did what I did, and I am ready to lay down my life to justifie what I have done: And so much in answer to your question.

But now Sir, with your favour, one word more, to minde you again of what I said before, in reference to my Martiall imprisonment: and truly Sir, I must tell you, Cir∣cumstantials of my Liberty, at this time, I shall not much dispute; but for the Essenti∣als of them I shall die. I am now in the Souldiers custodie, where to continue in silence and patience, is absolutely to betray my Liberty: for they have nothing to do with me, nor the meanest free man of England in this case: And besides, Sir, they have no rules to walk by, but their wils and their swords, which are two dangerous things; it may be, I may be of an hasty cholerick temper, and not able nor willing to bear their affronts; and peradventure they may be as willing to put them upon me, as I am unwilling to bear them: and for you in this case to put fire and tinder together to burn up one another, will not be much commendable, nor tend much to the accomplishment of your ends: But if, for all this, you shall send me back to the Military Sword again, either to White∣hall, or any other such like garison'd place in England, I do solemnly protest before the Eter∣nall God of heaven and earth, I will fire it, and burn it down to the ground, if possibly I can, although I be burnt to ashes with the flames thereof; for Sir, I say again, the Souldiers have nothing to do to be my Gaolers; and besides, it is a maxime among the souldiers, That they must obey (without dispute) all the Commands of their Officers, be they right or wrong; and it is also a maxime amongst the Officers, That if they do not do it, they must hang for it: therefore if the Officers command them to cut my throat, they must either do it, or hang for it. And truly Sir, (looking wishly upon Cromwel, that sate just against me) I must be plain with you, I have not found so much Honour, Honesty, Justice or Conscience in any of the principall Officers of the Ar∣mie, as to trust my life under their protection, or to think it can be safe under their immediate fingers; and therefore not knowing, nor much caring what you will do with me, I

earnestly intreat you if you will again imprison me, send me to a Civil Gaol that the Law knows, as New-gate, the Fleet, or the Gate-house, and al∣though you send me to a Dungeon, thither will I go in peace and quiet∣nesse, without any further dispute of your Authority; for when I come there, I know those Gaolers have their bounds and limits set them by the Law, and I know how to carry my self towards them, and what to expect from them; and if they do abuse me, I know how in law to help my self. And so Sir, I have said what at present I have to say. Whereupon Mr. Bradshaw commanded the Sergeant to put me out at another door, that so I should no more go amongst the people; and immediately Mr. Walwin was put out to me; and asking him what they said to him, I found it to be the same in effect they said to me, demanding the same fore-going question of him, that they did of me: to which question, (after some kinde of pause) he answered to this effect, That he could not but very much won∣der to be asked such a questions however, that it was very much aga••st his judgement and consci∣ence to answer to questions of that nature, which concerned himself; that if he should answer to it, he should not onely betray his own Liberty, but the Liberties of all English••en. which he could not do with a good conscience; And he could not but exceedingly grieve at the dealing he had found that day; That being one who had always been so faithfull to the Parliament, and so well known to most of the Gentlemen there present, and that neverthelesse he should be sent for with a party of Ho••se and Foot, to the aff••ighting of his Family and ruine of his credit; And that he could not be satisfied, but that it was very hard measure to be used thus upon suspicion onely: And that if they did hold him under restraint from following his businesse and occasions, it might be his undoing, which he conceived they ought seriously to consider of.

Then M. Bradshaw said, He was to answer the question, and that they did not ask it as in way of Tryal, so as to proceed in Judgment thereupon, but to report it to the House. To which M. Walwin said, That he had answered it so as he could with a good conscience, and could make no other Answer, and so withdrew.

And after he came out to me, Mr. Overton was next called in again, and then Mr. Prince; so after we were all come out, and all four in a room close by them, all alone, I laid my ear to their door, and heard Lieutenant General Cromwel (I am sure of it) very loud, thumping his fist upon the Councel Table, till it rang again, and heard him speak in these very words, or to this effect: I tell you, Sir, you have no other way in 〈◊〉〈◊〉 with these men, but to break them in pieces: and thumping upon the Councel Table again, he said, Sir, Let me tell you that which is true, if you do not break them, they will break you; yea and bring all the guilt of the bloud and treasure shed and spent in this Kingdom, upon your heads and shoulders; and frustrate and make void all that work that with so many yeers industry, toil and pains you have done, and so render you to all rationall men in the world, as the most contemptible generation of silly, low-spirited men in the earth, to be broken and routed by such a desp••cable contemptible genera∣tion of men as they are: And therefore, Sir, I tell you a∣gain, you are necessitated to break them. But being a little disturbed by the supposition of one of their

Messengers coming into the room, I could not so well hear the Answer to him, which I think was Colonel Ludlow's voice, who pressed to bail us; for I could very well hear him say, VVhat would you have more then security for them? Upon which discourse of Cromwel's, the bloud ran up and down my veins and I heartily wished my self in again amongst them, (being scarce able to contain myself) that so I might have gone five or six stories higher then I did before, yea, as high as I intended when I came to their door, and to have particularly paid Cromwel and Haslerig to the purpose, for their late venome, not onely against me in the House, but my whole Family; Haslerig saying (as I am in∣formed) in the open House, There was never a one of the Lilburns Family fit or worthy to be a Constable in England; though I am confident there is not the worst of us alive that have served the Parliament, but he is an hundred times more just, honest and unspotted then he himself, as in due time I shall make it appear, by Gods assistance (I hope) to his shame. But the fair carriage of the Gentlemen of the supposed Councel to me at the first, took off the height of the edge of my Spirit, and intended resolution; which (it may be) they shall have the next time to this effect: Y••u your selves have already voted the People, under God, the Fountain and Originall of all just Power; and if so, then none can make them Laws, but those that are chosen, impowred and betrusted by them for that end: And if that be true, as undoubtedly it is, I desire to know how the present Gen∣tlemen at VVestminster can make it appear they are the Peoples Representatives, being rather chosen by the Will of him, whose head as a Tyrant and Traytor they have by their Wils chopt off, (I mean the King) then by the People: whose Will made the Bo∣rough towns to chuse Parliament men, and thereby robb'd about nineteen people of this Nation of their undubitable and inherent right, to give to a single man in twenty for number (in reference to the whole Nation) a Monopoly to chuse Parliament men▪ dis-franchising thereby the other nineteen: And if so in any measure, then upon their own declared Principles, they are no Representative of the People, no nor was not at the first. Again, the King summoned them by his Writ (the issue of his will and pleasure; and by vertue of that they sit to this hour, and so are rather his Parliament, then the Peoples. Again, the King by his Will and pleasure combines with them by an Act to make them a perpetual Parliament (one of the worst and tyrannicallest acti∣ons that ever he did in his life) to sit as long as they pleased; which he nor they had no pow••r to do in the least; the very constitution of Parliaments in England being to be once every yeer, or oftner, if need require. Q••aere. Whether this Act of perpetuating this Parlia∣ment by the Parliament men themselves, beyond their Commission, was not an act in them of the highest Treason in the world against the People and their Liberties by setting up themselves an Arbitrary power over them for euer; which is the greatest slavery can be exexcised upon the sons of men: Yea, and thereby razing the foundation and con∣stitution of Parliament it self: And if so, then this is null, if at the first it had been any thing.

Again, if it should be granted this Parliament at the beginning had a legal constitution from the people (the original and fountain of all just power) yet the Faction of a trayterous par∣ty of Officers of the Army, hath twice rebelled against the Parliament, and broke them to pieces and by force of Armes culled out whom they please, and imprisoned divers of them and laid nothing to their charge, and have left onely in a manner a few men, (besides 12 of themselves viz. the General, Cromwel, Ireton, Harrison, Fleetword, Ri••h, Ingalsby, Hasle∣rig, Constable, Fennick Walton, and Allen Treasu••er;) of their own Faction behind them that will like Spanel-doggs serve their lusts and wills; yea some of the chiefest of them, viz. Ireton, Harrison, &c. yea, M. Holland himself, stiling them a mocke Parliament, a mocke

power at Winsor, yea it is yet their expressions at London; And if this be true that they are a mocke power and a mocke Parliament; then,

Quere, Whether in Law or Justice, (especially considering they have fallen from all their many glorious promises, and have not done any one action that tends to the Uni∣versal good of the people, and absolutely degenerate into pure tyrany, and thereby, have lost the essence and soul of authority, and are become but a dead and stincking Carkess) Can those Gentlemen sitting at Westminster in the House, called the House of Commons, be any other then a Factious company of men trayterously combined together with Crum∣wel, Ireton, and Harrison, to subdue the Lawes, Liberties, and Freedoms of Ergland; (for no one of them protests against the rest) and to set up an absolute and perfect Tyranny of the Sword, will and pleasure, and absolutely intend the destroying the Trade of the Nation, and the absolute impoverishing the people thereof, to fit them to be their Vas∣sels and Slaves? And if so, then,

Quere, Whether the Free-People of England, as well Souldiers as others, ought not to contemn all these mens commands, as invalid and illegal in themselves, and as one man to rise up against them as so many pro∣fessed traytors, theeves, robbers & high way men, & apprehend, secure and bring them to Justice in a new Representa∣tive, chosen by ver∣tue of a just Agree∣ment among the pec∣ple, there being no o∣ther way in the world to preserve the Nation but that alone; the three fore∣mentioned men, viz. Cromwel, Ireton, and Harrison, (the Ge∣nerall being but their stalking Hors, and a Cipher) and there trayterous fa∣ction, ** having by their wills and Swords, got all the Swords of Eng∣land under their command; and the disposing of all the great places in England by sea and land, andalso the pretended law executing power, by making among themselves (contrary to the Lawes and Liber∣beries of *** Eng∣land) all Judges,

Justices of Peace, Sheriffs, Bailiffes, Committee-men, &c. to execute their wils and tyranny, walking by no li∣mits or bounds, but their own wils and pleasures: And trayterously assume unto themselves a power to levie up∣on the people what money they please; and dispose of it as they please, yea, even to buy knives to cut the peoples throats that pay the money to them, and to give no account for it till Dooms-day in the afternoone; they having already in their wills and power to dispose of Kings, Queen, Princes, Dukes, and the rest of the Chil∣drens Revenues; Deans and Chapter lands, Bishops lands, sequestered Deliquents lands, seque∣stred Papists lands, Compositions of all sorts, amounting to millions of money; besides Excise, and Customs; yet this is not enough, although if rightly husbanded, it would constantly pay above one hundred thousand men, and ••urnish an answerrable Navy thereunto: But the people must now after their trades are lost, and their estates spent to procure their liberties & freedoms, be sessed about 100000. pound a month, that **** so they may be able like so many cheaters and and State theeves, to give 6. 8. 10. 12. 14. 16000. pounds a∣peice over again to one another, as they have done already to divers of themselves, to buy the Common∣wealths lands one of another, (contrary to the duty of Tru∣stees, who by law nor equity can neither given or sell to one a∣nother) or two or

three yeers purchase the true and valuable rate considered, as they have already done, and to give 4 or 5000l, per annum over again to King Crumwell. with ten or twenty thou∣sand pounds worth of wood uponit) as they have done already out of the Earl of Worcesters estate, &c. Besides about four or five pounds a day he hath by his places of Lieut. Generall, and Colonel of Horse in the Army (besides the extraordinary advancement of many of his kindred, that so they might stick close to him in his tyranny) although he were at the beginning of this Parliament but a poor man, yea, little better then a begger (to what he is now) as well as other of his neighbours.

But to return, those Gentlemen that would have had us bailed lost the day, by one vote as we understood, for all their wicked oath of secrecy, and then about 12. at night, they broke up, (a fit hour for such works of wickednesse, John 3. 19. 20. 21.) and we went into their pretended Secretary, and found our commitments made in these words, our names changed, viz.

These are to will and require you, to receive herewith into your custody, the Person of Lieu. Col. John Lilburn, and him safely to keep in your Prison of the Tower of London, untill you receive further order, he being committed to upon suspition of high Treason, of which you are not to fail, and for which this shall be your sufficient Warrant; given at the Councel of State at Derby∣house 28. day of March, 1649.

To the Lieu. of the Tower of London,

Signed in the name, and by the Order of the Councel of State, appointed by authority of Parliament. Jo. Bradshaw. President.

Notes

• See Their Declarations of the 9 of Feb. & the 17 of March 1648, in which they posi∣tively declare, they are fully resolved to maintain, and shall and will 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 incident thereunto; but they of late years were never so good as their words; nor I am confident never in∣tead to be they having turned their backs upon common honesty, upon the Lord their strength, and made lies and false∣hoods their refuge and fortress, and there∣fore beleeve them no more; for I will make it good they are worse then the King was, whose head they have chopt off, for a Tray∣tor, and Tyrant and thereby have con∣demned themselves, as deserving his very punishment.
• See 5. H. 4. 6. & 11. H. 6. ch. 11. See also my plea against the Lords jurisdi∣ction before the Judges of the Kings Bench, called the Laws Funerall, pag. 8. 9. and my, grand plea against the Lords juru∣diction, made before Mr. Maynard of the House of Commons; and the four im∣prisoned Aldermen of London's plea a∣gainst the Lord jurisdiction, published by M. Lionel Hurbin, 1648.
• And therefore I aver, that the High Court of Justice that sate upon Duke Hamilton, the Earl of Holland, &c. was no Court of Justice, but in the eye of the Law murdered those Noble men; for which Bradshaw and the rest of his fellow Judges are not in the eye of the Law so excusable as was Empson and Dudly, that Sir Ed∣ward Cook speaks of in the 2. part. Ins••it. fo. 51. & 3 part, f. 208. & 4. part. Inst. fol. 41. 196. 197. 198. who yet lost their lives as Traitors, for subverters of the fundamentall Laws of England.
• Rom. 4. 15. See the 4. part of the L. Cooks Insti∣tutes, ch. 1. High Court of Parl: fol. 37. 38. 39. 41. See also my printed Epistle to the Speaker, of the fourth of April, 1648. called the Prisoners plea for an Ha∣beas Corpus, p. 5 6. and Englands Birth-right, p. 1. 2. 3. 4. and the second edition of my Epistle to Judge Reeves, p. 11. 12. 13. 14. 15. and M. John Wild∣mans Truths Triumph, p. 11. 12. 13. 14. and Sir John Maynards Case truly stated, called The Laws Sub∣version, p. 9. 13. 14. 15. 16. 38.
• See the Petition of Right, in the 3. C. R. and my Book called the peoples Prerogative, p. 44. 45. 46. 47. 48. & 56. &c. Yea, I say, that is the Generall take away by Martiall Law, the life of Laughorn, &c. now in time of Peace, the Courts of Justice being open, he murders him or them, and ought to die therefore.
• See the Acts that abolished them, made in the 16 C. R. printed in my Book called The peoples Prerogative, p. 22. 23. 24. 25.
• And well might I; for M. John Cook and M. Bradshaw him∣self were my Counsel at the Lords Bar, against the Star-chamber, the 13 of Feb. 1645. where M. Bradshaw did most excellently oppen the Star-chamber injustice towards me; and at the reading of their first Sentence, he observed to the Lords, that that Sentence was felo de se, guilty of his own death; the ground whereof (said he) being because M. Lilburn refused to take an oath to answer to all such que∣stions as should be demanded of him, it being contrary to the Laws of God, Nature, and the Kingdom, for any man to be his own Accuser: whose words you may more at large read in the printed Relation thereof, drawn up by M. John Cook, and my self, p. 3. But he that condemned it in the Star-chamber, now practiseth it in the Councel of State: but the more base and unworthy man he for so doing.
• And truly, I am more then afraid honest Capt. Brav hath too much experience of this in Windsor Castle, who though he be but barely committed thitther into safe cu∣stody, yet (as I from very ••••od hands am informed) the Tyrannicall Governour Whichcock, Cromwels crea∣ture, doth keep him close prisoner, denying him the bene∣fit of the Castle air, keeping not onely pen and ink from him, but also his friends and necessaries; with which cruelty &c. he hath already almost murdered and destroy∣ed the honest man: in whose place were I, and so ille∣gally and unjustly used, a flune, (if possibly I could) should be the portion of my chamber, although I perished in it.
• Reader, Observe I pray that this 40 headed Tyrant called the Coun∣cel of State, are under an oath of Secresie; so that if the Cromwelli∣tish Faction plot there the ruine and destruction of the Nation, or all the honest men in it, the rest that do not consent with them, must not reveal it. But the more unworthy men are they amongst them that pro∣fess to be lovers of their Country to take such a wicked oath of secresie.
• For Magistacy going beyond its bounds and limits, and setting up their wills and lusts are no more Magistrates but Beares and Wolves, and so may be resisted; for these three things out of the Parliament and Armies Declara∣tions I will prove to be good and sound doctrine, consonant to reason and scripture, viz. first that all Magisteriall power in England what ever, are at most but Officers of trust and expresly bound up with this limitation, to be exercised for the good and wel fair of the trusters; Secondly, that it is pos∣sible that all, or any, of the several Magisterial trustees may forfeit their or its trust; Thirdly, that in case of forfeting the Magisterieal trust, the trusters the people are disobliged from their obedience and subjection, and may law∣fully doe the best they can for their own preservation, and their Magistrates punishment.: See the first part of the Parliaments Declarations, pag. 81. 150. 201. 207. 264. 267. 270. 276. 304. 492. 494. 629. 690. 694. 696. 699. 700. 701. 726. 728. See the Armies booke, Declaration pag. 26. 34. 38. 39. 40, 41. 60. 61, 62 66. 141. 143, 144. See also King James opinion betwixt a Real King and a Tyrant, in his speech to the Parliament 1609. See my Book called, The Out-crys of oppressed Com∣mons pag. 16. 17. 18. and regall Tyranny; pag. 32. 33, 34, 35. &c. 59 60. 61, 62. but to behead the King for Tyranny and Treason, who was fenced about with the Letter of multitude of Lawes, puts this out of all dispute.
• **

  For the greatest Traytors they are that ever were in this Nation, as upon the losse of my head l Ioh. Lilburn will by law under take to prove and make good before the next free and just Parliament to whom I hereby appeal.
• ***

  For the people being in reason, justice and truth, as well as by the Parlia∣ments late votes, the true fountain, and original of all just power, they ought not only in Reason, Right, and Justice, chuse their own law makers, but all and every of their law executors, and to obey none what soever but of their own choice, and it is not only their right by reason and justice; but Sir Ed. Cooke in his second part Institut. (published for good Law by this present house of Commons) declares and proves Fol. 174. 175. 558. 559. that by law it was and is, the peoples right to chuse their Coroner, Justices, or conservators of the Peace; as also their high Sheriff and Verderors of Forest; and saith he there expresly for the time of War, there were likewise Leaders of the Countreys Souldiers of Ancient time, chosen by the Free-holders of the county: but it's true, the chiefest of these things were expresly taken from the people, and invested in the King by the Statute of the 27. Hen. 3 chap. 24. and therefore Kingly government being abolished, the right is returned into the people, the king or fountain of power, and cannot be exercised as a new devise by the Parliament although they were never so legally and Justly chosen by them without a conference with them thereupon, & a power deputed to them for that end as Sir Edward Cooke declares in the 4 part of his Institutes chap. High Court of Parliament. Fol. 14. 34. therefore I do hereby declare all the present Parliaments Justices, Sherifs &c. to be no Justices, Sherifs &c. either in law or reason, but meer tyrants, in∣vadors and usurpers of their power and authority; and may very well in time come to be hanged for executing their pretended offices.
• ****

  But saith there own Oracle, Sir Ed. Cook in the 4 part of his in∣stutes chap. High Court of Parliament. Fol. 14. 34. It is also the Law and custome of Parliament, that when any new device is moved on the Kings behalf in Parliament for his aid or the like, the Commons may answer, that they tend••ed the Kings estate, and are ready to aide the same, only in this new device they dare not agree without conference with their countries; whereby it appeareth (saith he) that such conferences is warrantable by the law and custome of Parliament, and this was do••e in the Parliament of the 9. Ed. 3. nu••b. 5 but the present Parliament as∣sume unto themselves the regall office in the height, and therefore ought not to be their own carvers in reference to the peoples purses, but ought to demand and obtain their consents (especially in time of peace) before they levie either 90000 pounds per month, or any such like new device what ever; and therefore I know neither law equity or reason to compel the people to pay a penny of it; unlesse they have a desire to bring them∣selves into the same condition in reference to the present Parliament that the Egyptians were to Pharoah, when Joseph was so hard hearted as to make the Egyptians to pay so dear for b••ead-corn, that it cost them all their money, and all their cattle, yea all their lands and also themselves for his slaves. Gen. 47. 14. 15. 16. &c. for which tyranny God plagued him and his posterity by making them slaves to the Egyptians afterwards.