A whip for the present House of Lords, or the Levellers levelled.: in an epistle writ to Mr. Frost, secretary to the Committee of State, that sits at Darby House, in answer to a lying book said to be his called A declaration, &c. / By L.C. Io. Lilburne, prerogative prisoner in the Tower of London, Feb. 27, 1647.

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Title
A whip for the present House of Lords, or the Levellers levelled.: in an epistle writ to Mr. Frost, secretary to the Committee of State, that sits at Darby House, in answer to a lying book said to be his called A declaration, &c. / By L.C. Io. Lilburne, prerogative prisoner in the Tower of London, Feb. 27, 1647.
Author
Lilburne, John, 1614?-1657.
Publication
[S.l. :: s.n.],
1648.
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Subject terms
Levellers
Great Britain -- History
Lilburne, John, -- 1614?-1647 -- Imprisonment
England and Wales. -- Parliament. -- Expulsion -- Early works to 1800.
Cite this Item
"A whip for the present House of Lords, or the Levellers levelled.: in an epistle writ to Mr. Frost, secretary to the Committee of State, that sits at Darby House, in answer to a lying book said to be his called A declaration, &c. / By L.C. Io. Lilburne, prerogative prisoner in the Tower of London, Feb. 27, 1647." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A74791.0001.001. University of Michigan Library Digital Collections. Accessed May 17, 2024.

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A Whip for the present House of Lords, OR The Levellers Levelled. In an Epistle writ to Mr. Frost, Secretary to the Committee of State, that sits at Darby House, in answer to a lying book said to be his called a declaratio, &c. By L.C. Io. Lilburne, Prerogative Prisoner in the Tower of London, Feb. 27. 1647.

Into which is inserted his speech against the House of Lords Legislative and Iudi∣cative power, made at the barre of the House of Commons, the 19. of Ianuary, 1647. In which is punctually proved, both by reason, and the Parliaments own Declarations, that though the present House of Lords, (de facto) exercise a law making, and a law iudging power, yet (de jure) they have no right to either, be∣ing meer prerogative Usurpers, and that the House of Lords, exercising their pretended Legislative power, is destructive to the Libertie and Freedomes of England, it alone having been the chiefe cause of all the late warrs and blood shed in England, for which as the Bishops were, they deserve to be puld up by the Roots. In which is also a lash for L. G. Cromwell and Mr. Masterson, the lying Shepheard of Shoreditch neere London.

Mr. Frost.

I Took occasion the 14. of this present to write a few lines unto you, which before I can goe any further, I am necessitated here to insert.

Mr. Frost.

I Have looked upon you formerly as an honest English man (though full of feares, and a spirit possessed with two much compliance with unrighteousnesse.) But a book comming this day to my hands, called A Declaration of some proceedings of Lievt. Col. Iohn Lilburne, published by authority, but yet without an Authors name to own it, (makes me a little in my thoughts to stagger) for upon reading of a few pages of it, in my own thoughts, I iudged the book to be of Mr. Nathaniell Fines his penning, or of your own, and as I was musing who should be the Au∣thor of it, I had word brought me from Westminster, that possitively it was yours. But being desirous, (if possible I can,) to know certainly whether it be yours or no, (before I direct my lines, in answer to it, to you.) For I cannot but acquaint you, that by Gods assistance, I do intend to answer it to the purpose, and therefore cannot but intreat you to prevent me from wronging of you, and that if my information doe deceive me, I intreat you by this bearer to send me two lines under your hand, that it is not yours, for without such a disavowing, I shall take you (as in it you say the Lords took me, pro confesso) and make in due time further addresses to Mr. Walter Frost, from his friend John Lilburne.

But Mr. Frost, having not to this houre received one word of answer, or one line from you, either to own or disavow the foresaid malicious, fallacious, and lying book, I doe therefore in good earnest take it to be yours (though in the first reading of the 10. pag, one would take it to be compiled by the House of Lords themselves) and accordingly shall direct my present lines to you as the Author of it▪

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though it may be supposed, you had more fingers in it then your owne.

And at present, I shall only principally meddle with that part of it that concernes the House of Lords, but of neccessitie, I must sum up the substance of your discourse that antesedes that, and if I mistake you not, the drift of your pen is to vernish over the reputation of the present swaying tyrants, the Grandees in the Army, and their confederates in the two Houses, and to bespatter and levell with the ground upon which they tread, all those that they or you conceive may stand in their way, in keeping them from attai∣ning to the full possession of their ultimate or finall desires, viz. to set up themselves in the full throne of the exercising of an unlimitted, unquestionable, arbitrary, and tyrannicall power and domination over the lives, liberties, and proprieties of the free men of England: Which I will maintaine it, they have already, de facto, levelled with the corrupt rule of their own factious, and arbitrary wills, and have already s•••• ordered the businesse; that no man in England can justly or rationally say, that his life liberty, or estate that he possesseth is his own, or that it is possible to inioy it any longer, then during their tyrannicall wills and pleasures, which already is become the sole and only present safe rule to walk by in England.

You spend your 1, 2, and 3. pages, with laying a good round load upon the King, and the mischievous∣nesse of his evill government.

And then in the last end of your third pag, and in your 4, 5, 6. pages you insinuate, that there are a generation of men, under specious pretences, that have not been professedly of the Kings party that yet drive on his designs. And in the beginning of your 5. pag. you intimate, that the Levellers perfectly play the Kings game. And truly I must tell you, I doe absolutely beleeve you, and tell you, that you and your tyrannical Lords, and masters, Cromwel and Jreton, and the rest of their confederat, Grandees of the Armie, and in both Houses (the names of the principallest of which you my read in the 57, 67. pages of my late book, called the peoples prerogative, and priviledges vindicated, &c.) are the true and perfect Levellers that are in being in the Land of England, having already filled up all the ditches, and puld down all the hedges that should be as fence to preserve our lives, liberties, and proprieties, and have already de facto, levelled them, and all our just lawes to their tyranncall wills, which I have punctu∣ally and particularly pr••••••d 〈◊〉〈◊〉 my 〈…〉〈…〉 book, as you may read in the last pag. of the proeme: and in the 40. 41. pages of the book it self, to the last end, but read especially the last halfe sheet, and argumentall answer it, which I challenge from you, or any other of the Grandees pentioners.

But in the third place, in the conclusion of your 5. pag. you declare, who the Levellers are, viz. the promoters of the dividing distructive Agreement of the people.

Truly Sir, I now know who you meane by the Levellers, and that is a company of honest men, that both in the Bishops time laboured against, and opposed tyranny in all they meet with it in, to the ap∣parent hazzard of their lives, and at the beginning of this Parliament and ever since, hath done the very self same thing, and I will maintain it by particulars upon my life, have been to the utmost of their powers, constantly and continually, (yee in the Parliaments greatest strait,) the truest friends to the universall, common and true interest of England, and the iust interest of Parliament, that the king∣dome of England hath afforded, and never changed their principles to this day, and have been the tru∣est and constantest asserters of liberty and propriety (which are quite opposite to communitie and Level∣ling) that have been in the whole land besides. And I challenge you (in their behalfe) and all your co-partners in England, to instance, or lay unto their charge) any the least particulars acted, writ, said, or done by the body of them, or those that you count the ring leaders of them, that in the eyes of any rationall men in the world, doth in the least tend to the destruction of liberty and proprietie, or to the setting up of Levelling by universall Communitie, or any thing really and truly like it.

A lasse poore men, their great and reall crime is this: and nothing else, that they will not be ride and inslaved by your masters, Cromwell and Ireton, and their confederates in the Houses, viz. Earle of Northumber and Earle of Solisbury, Lord Say Lord Wharton, Mr. Lenthall Speaker, the two Sir Henry Vains, Sir Arthor Hasterige, Sir Iohn Eveling Iunior, Mr. Recrepoint, Col Natth.

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Eines, coveteous and ambitious Solicitor S. Iohn, Commissary Gen. Staines, Scout Master Generall Wat∣son & Col. Rich, the greatest part of which, put altogether, hath not so much true volour in them, as will half fill a Sempsters Thimble, nor so much honestie as will ever make them fit for any thing but Ty∣rants. And indeed and good earnest, Mr. Frost, if divers of the forementioned honest men, which you call Levellers, would have been soft wax, wether cocks, Creatures, every thing and nothing, but to serve great mens ends: I am very confident of it, they should not have had your pen so deeply dipt in gall and vinegar against them, as in that most desperate, malicious, lying book it is, (but in doing what there you doe, you doe really without a maske or vizard, shew your self what you are, viz. a Secretary more fit for the Great Turke, then for a Committee of that Parliament, that in the yeares, 1640. and 1641. did so many iust, gallant, and excellent things,) nor have incurred so much bloody hatred, and destroying indignation from your last forementioned Grandees, Lords, and Masters, as they have done, but I am confident of it, some of them might easily at this day have been in as great repute, estee∣mation, and place, as your self, having as much brains and parts, (and a little more resolution) as your self.

But hinc ille lacrimae, heers their sorrow, heers their treason, been their rebellion, faction, sedition, stirring up, and dividing the people, and here is their Annarchicall Levelling, (as you call it) that they will indure tyranny, oppression and injustice no more in apostatised Cromwell and Ireton, and their forementioned confederates, then in Mr. Hollis, Sir Pillip Stapleton, &c. nor then in the Earle of Essx, Earle of Manchester, &c. nor in the King and his Cavieleers, nor in the Councell Board, Star Cham∣ber, High Commission, &c. but desire that all alike may be Levelled to, and bound by the Law: and so farre I ingeniously confesse I am with them a Leveller, and this Mr. Frost without any vernishing or coluti∣on, is their only and alone crime in the blood-shot eyes of you and your new Lords and Masters.

And besides, if in the phrases of men I may speake to you, the forementioned honest men, and their principles, have been the Creators to set up Cromwell, his preservers to support him in his straits, which have not been a few, his Sanctifiers, by their praises and fightings, to sanctifie him, and to make him amiable and lovely in the peoples eyes, his Redeemers, to redeem him from destruction, by Hollis and Stapleton, &c. even at that time, when I am confident he gave himself up in a manner, for a lost and undone man, and to requite them for all their faithfullnesse to him, and hazzards for him, he hath visibly and apparently made it his study and worke, to crush and dash them to pieces like a cuber of Glasses, with such violence as though he designed and intended they should never be gude or sodered together any more: O monstrous, unnaturall, ignoble and horrible ingratitude, and yet even this in its hight, hath been acted and done by him unto them, as is undeniably demonstrated, in that notable book called Putney projects; and an other book called the Grand designe, and a book in answer to his lying champion Mr. Masterson, called A lash for a Lyar. And therefore from all that hath been said, I againe christen your forementioned tribe, the true and reall Levellers, and those that you nick name Levellers, the supporters and defenders of liberty and propriety, or Anti Grandees, Anti Jmposters, Anti-Monopollsts, Anti-Apostates, Anti-Arbitrarians, and Anti-Levellers.

And further in your sixe pag. you say, that the foresaid (honest) men are grown to that hight, both by making combinations, printing and dispearsing all manner of false and scandalous Pamphlets, and pa∣pers against the Parliament, to debuch the rest of the people, gathering moneys, and making treasures and representers of themselves, that the Parliament can no longer suffer them in these seditious wayes with∣out deserting their trust in preserving the peace of the Kingdome, and the freedome and propriety of peace∣able men. For printing and dispearsing all manner of false and scandalous Pamphlets, I retort that upon you, and the rest of the mercianary pentioners of your Grandees; lying Dianolls and Pamphlets being one of the chiefe meanes to support their rotten reputation, and new attaind unto soveraignty, but I am sure you and they, have almost lockt up the presses as close as the Great Turk in Turkey doth, Tyrants very wel knowing, nothing is so likely to destroy their tyrany, & procure liberty to the people, as knowledge is, which they very well know is procured by printing, and dispearsing rational discourses. But your Grandees have been very grosse in their setting up their new tyranny, for at their first rising

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at one blow, and with one ordinance, they lock up the presse clooser then ever the Bishops did in all their tiranny or then Mr. Hallis and his faction (againw whom for tyranny and injustice (your Gran∣dees in their declaration) so much crid out upon) did al those yeares they bore the sway.

And J am sure it was the maxim of the chiefe of your Grandees, the beginning of this Parliament, that alwayes in time of Parliament, [it being a time of liberty and freedome] the printing presse should be open and free, and J am sure this was their answer to the Bishops the begining of this Parliament, when they solicited the House of Commons to stop the presses; and for my particular I shall give you my con∣sent to an Ordenance or law, to make it death for any to print or publish any book unlesse the author, to the printer or bookseller, enter into some ingagement, to maintaine with his life the truth of his book provided the Presses may be free for all that will so doe.

And as for gathering money to promote popular Petitions, and all the rest of your charges upon them they may easily iustifie them out of the Parliaments own premitive declarations: and for a little tast of the proof of it, I desire you to read the first part book of Decl. pag. 44, 95, 150. 201. 202. 207, 209. 382. 42. 59, 532, 533. 548. 557. 637, 690. 720. And for the Parliaments lenitie or gentlenesse which you talke of, I for my part crave none at their hands, but for any thing that any particular man, or any faction of men amongst them hath to say to me, the same defiance I bid to Levt. Gen. Cromwell in the 57, 58 pages of my last published book, I bid to them.

And as for their disserting their trust, if they doe not punish us, I answer, the generallity of them hath doth it so often, that they have now forgot to be sensible of the dishonour of doing it againe, and I doe not think that ever any generation of men breathed in the world, that ever disserted their trust more then they have done, or else they would never have given so many 10000.l. amongst themselves.

But in the sam sixt pag. you goe on and name me to be the chiefe of all those men, that have under speci∣ous pretences served the Kings ends and designes. And in the 7. pag. you carrectarise me to be a man known to the world, by those Heaps of Scandalous books and papers that I have either written or owned against the House of Peers, and uch as have done him greatest courtesies, filled with fashood, bitternesse, and ingratitude, whereby he hath distinguished himself (say you) from a man walking after the rules of sobrietie, and the iust department of a Christian, and also in the same 7. pag. to make me as odious for an Apostate, as your grand master Lievt. Gen. Cromwell too justly deserves to be: you brand me to be a Cavialeer, for you say that some that know me have well observed, that I brought not the same affections from Oxford, that J was carried thither prisoner withall.

To the last of which I answer first, and challenge thee Frost, and all thy associats in England, ground∣dedly & perticularly to instance the least particular, for this 11. years together, when I have in the least apostatised from my declared principles, though I have had as many thundring shakings, pearceing tri∣als, as I do confidently believe would have shaken the very foundation, of the tallest & stoutest cedars a∣mong your grandees, & I am confident in Oxford, I behaved my self with more resolution in my imprison∣ment there, then all the Gentlemen prisoners, that there were officers did, and run more hazards, and underwent more tormenting cruelties, then any of them, and maintained openly and publickly more discourses with the Kings party, to justifie the Parliaments authority, and the justice of their proceed∣ings, insomuch that it was grown to common saying, with the Mashal and his officers, when they had got a fat and timerous Prisoner, of whom they intended to make a prey of, keepe him out of the Castle from Lilburne, for if he come to discourse with him, he will seduce him from all his allegience, from taking the Kings Covenant, or forsaking the Parliaments principles, and when the King by foure Lords complemented with me, and profered me no small things, I deliberately and resolvedly, bid them ell the King from me, I scorned his pardon, and maintained the Parliaments proceedings with them, by dint of argument, and reason for above an houre together, and told them I would part with my heart blood, befoe I would resede from my present engagement or principals, and when I was arraigned for high treason therefore, I told the Iudge in the open Guildhall at Oxford when he prest me to save my self: that I was seduced by no flesh alive to take up armes against the King, and his party to defend my liberties, and that girded my sword to my thigh in judgement and conscience to fight for my liberties,

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with a resolution to spend the last drop of the blood in my vains therfore; and pressed the Iudge to goe o with his tyall, telling him a scorned to beg or crave longer time at his hand, protesting unto him, hat I was as ready and willing that day to loose my life by a halter, as ever J was by a sword or a bullet elling I feared not death in the least, having by the assistance of God for above seaven yeares before, always arried my life in my hand, ready every moment to lay it downe, and besides my purse and paines to re∣ieve and helpe the poore sick starving prisoners, was as free and as ready as any mans in the House, and 〈◊〉〈◊〉 doe verily believe in the two last particulars, I was as serviceable to the Prisoners as the richest in he house; and some of them had about 1000. l. land per annum, and I had never a farthing per an∣num; nay I defie a or any of the Prisoners that ever were there face to face, to lay to my charge the least emonstration of fraging or denying my pinciples, from the first day of my going in to the last houre of ••••y staying there.

And I am sure when I come home, I was not a litle praysed, and made much of by those that are ow my professed adversaries, and profered the choise of divers places, all of which I absolutly re∣ised, and expresly told my wife, when I was pressed by her to stay at home, that J sconrd to be so base, s to fit down in a whole skin, to make my selfe rich, while the liberties and freedomes of the King∣dome was in danger by the sword to be destroyed, and rather then I would take a place at present of 00. l. per annum, to lay down my sword; I would fight for a groat a day; and my zeale carried me to Manchester, and Cromwell (after upon my enlargement, I had severall wayes, been more really obliged y the Earle of Essex, then ever I was before or since, by all the great men of England, put them all in ne) chusing them meerly for their honesty, I then judged then to be in them; and there I fought nd behaved my self in all my engagements like a man of resolutions till I had spent some hundreds f pounds of my owne money, and lost all my principles of fighting, by reason of Manchesters visble & alpable treachery, which went unpunished after he had apparently bought, Sold, & betrayed us al to the King, being impeached as a Traytor therefore by Cromwell himselfe, and for prosecuting of him. &c. or his treasons, al my present miseries and sufferings are come upon me, and your Idol Cromwel who set e a worke is now joyned hand in hand with him, like a base unworthy fellow to destroy me therefore, and because I will not turne a wethercock, an Apostate, and an enemy to the liberties of England, as e hath done.

But it is very strange that you in your book should Carracterise me for a Cavilere, when but the o∣ther day the Grandees (that I beleive now set you at worke) at the head quarters indeavoured to de∣stroy me for secretly designing, basly and unworthily (as they said) to have murdered the King, and upon that very pretence, got him into their Moustrap in the Jsle of weight, but Cromwells basnesse with Paul Hobsons and their third confederate about that very particular, I shall have a fit oportunity in the second part hereof to ••••otamise, and thus when one thing will not serve your and their turne to murther me, by robbing me of my reputation (after your Grandees have cast me into prison, of pur∣pose to starve me, for they keep above 2000. l. of my own from me, and allow me nothing to live upon but the stone walls) you and the rest of the Grandees, many hundred mercionary, pentionary Ensries n City and Country, take up any thing that you thinke will undoe me, and with your and their no∣torious lyes and falshoods labour nothing more then to rob me of my reputation and credit, knowing right well, that if you could doe that, I must of necessitie peris•••• and therefore you and they make it your worke with your groundlesse reproaches, to bespatter me, and make me as black as a chimny sweeper, and render we as a man not fit to live in civell or morrall society, and yet to my face dare not bid the tryall of particulars, but shun and abher all such honest and just dealing as that, though to Cromwell &c. I have often proferred to come face to face, to the Test of all differences betwixt us, yea to make his Generall Ʋmpire betwixt us, as you may read in my printed epistles to him, &c. which he never durst imbrace, but avoid and shun, yea if you please to speak with Mr. Hugh Peters, he will tell you that the last weeke againe and againe, I made the same proffers in effect to him, and wsht him to tell both the Gene∣rall, Cromwell and Ireton of it, and I say their long and continuall refusing, fairly face to face, to have the differences betwixt us debated, before friends or enemies, is a cleare demonstration, that they have

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guiltie consciences within them, and that nothing will satisfie their tyrannicall mallice, but my dearest blood, and the totall destraction of my wife and little Children, for upon Cromwell and Ireton principally, I lay all my present sorrows, miseries, and cruell sufferings, out of which I had long since been delivered had it not been for them.

But Mr. Frost, I would faine know of you, wherein the Parliament hath been mindfull (as you in your 7. pag. say they have been) of my sufferings and services, any otherwise then to require me evill for good, and to seek my destruction by making orders to arraign me, and tossing and tumbling mee from one Gaole to another, to starve and murther me. And for those severall summes of money (you say) they have given me, truly I doe not remember them, and would have you to name them if you can. And as for the report from the Committee of accompts, that you hit me in the teeth with, I referre you to my answer to it at large, in the last end of my book called, the Resolved mans resolution, pag. 31, 32, 33, 34, 35, 36 And so I come to your maine charge laid upon me, which as I find it in your 8, 9, 10, 11. pages amounts to thus much, that my contemptuous carriage and language, to the dig∣nite and authority of the House of Lords, with so little losse (or punishment) unto my selfe, was a maine encouragement to that generall assault and force upon both Houses, upon the 26. of Iuly last, by that rabble of Reformadoes, and of the Aprentices, set on and encouraged, by the known malignant then ruling party of the City. This carriage of his (say you) might seem sufficient to discover the man, and being known might warne every well tempored and peaceable disposition, to take heed of ingaging in any designe, that may be the conception of such a spirit, the birth whereof can portend nothing but destraction and confusion.

I thank you kindly Mr. Frost; for your badge, but I doubt not but in handling of this particular, I shall cudgell your coat soundly: and not yours alone, but also the House of Lords, and make it as evident, as the Sun when it shines, that reason, law, truth, and justice, is clearely on my side, and all and every of these against the Lords, in the present contest betwixt us, and if so, then by the truth of your last fore recited calumniations, I desire all rationall Englishmen may iudge of the truth of all the rest.

And therefore Sir, if you please to read my book, called the Free mans freedome vindicated, you shall there find a true relation under my own hand, of the ground and reason of my contest with the Lords, and that in my first appearing before them, I gave them more honour and respect then by law was their due, in that I obeyed their warrant, and appeared at their barre, which was more then by law I was bound to doe, and at my first appearing before them, I put of my hat to them, and demeaned my self with all respect before them, and modestly and smoothly delivered in my plea against their iuris∣diction over me, and appealed therein to the House of Commons for protection, against their usurpations, for which they committed me, upon which commitment, I sent my for•••• all appeale to the House of Commons, whereupon the Lords sent for me againe, and I refused to goe, and forced the Keepers of Newgate to break my wall upon me, (which they easily did, because J wanted weapons to hinder them) and by force and violence to compell me to goe, and when I came before the Lords, I put of my hat, but did refuse to kneele (and would sooner be hanged then to have done it, neither was I bound therunto in the least by law) for which they committed me close prisoner to Newgate, without accesse of friends, wife or children, or the use of pen and inke, and about three weeks after, sent a warrant to the Sheriffe of London, with a guard to force me up the third time, and when I came there, I made them force me into the house, and its true, I then marched in with my hat on, in contempt and disdain of their usurpations, when I see no reason would satisfie them & I did again refuse to kneel, & stopt my eares, and refused to heare their scrowles or papers read to me, and in this I did not in the least mis∣behave my self, neither did my carriage cast any legall contempt upon them, for it was their own did it, in that they medled with that they have no iurisdiction of, and therefore my carriage was abundantly more iustifiable then theirs, in that J plaid the part of a faithfull Englishman, in maintaining and iu∣stifying my liberties and freedomes, and sticking close to the law of the land, and they the parts of u∣surping tyrants, and destroyers of law and liberty.

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For though by law I grant the House of Lords to be a Court of justice, and to have cognizance o∣••••er delayes of iustice yet in my case (as I said in my grand plea before Mr Maynard of the House of Com∣mons, page 13. so I say still) their Court was no Court to me, having not the least jurisdiction in he world by law of the cause, and therefore my affronting, contemning, abusive carriage towards them 〈◊〉〈◊〉 as you are pleased to call it) was no violation of the Law, and therefore not punishable, in regard they eled with that they had no power by law to medle with, for if a Court of Sessions questions me for my ree-hold, and I refuse to answer them, and give them contemptious words for medling with that, which y law they have no iurisdiction of, they may by law, bind me to my good behaviour, but cannot fin or ••••prson me, much lesse disfranchise me of all the priviledges of an Englishman, as the Lords have most ••••••e∣ally done to me, (as appeares by their sentence printed in that notable book called Vo plbis) the ••••me holds good in the Court of commmon Pleas, who if they goe about to hold Plea of murder before hem, if the party refuse to answer, it is no contempt of the Court, because by Law they have no iurisdiction ver such cases; and pertinent to this purpose is Baggs case in the 11. part Cookes reports, who being ••••mmoned before the Mayor of Plimoth, in open Court called him cousening knaue, and said unto him come ••••sse my arse &c. for which the Maior disfranchised him, and it was by law resolved that the disfran∣hisement was illegall, because it was not according to law, for the Mayor in law had no power to o it, and at most could have only bound him to his good behaviour, the same holds good with the ords in reference to me, 〈◊〉〈◊〉 that they have no jurisdiction over me in the case in controversie (nor over ny Commoner of England in criminall cases) I have undeniably proved in my Plea, before Mr. Mar∣n of the house of Commons) of the 6. of November 1646. now in print, and called an Anatomy of he Lords Tyranny, and in my Grand Plea, before Mr. Maynard of the 20. October 1647. And in y wifs large petition delivered to the House of Commons the 23. Sept. 1646. and printed in the •••• 72 73. 74. 75. 76. 77. pages of Regll Tyranny, and the 65. 66. &c. pages of my own book called ondons liberty in Chains and in the 20. 21. &c. pages of my book called the Out-cry of oppressed com∣ons, but a colourable Answer to the Arguments therein contained I could, yet never see, ••••ough I have extraordinarily longed to see what rationally and legally could be said in Answer 〈◊〉〈◊〉 them.

nd that I have never declined a fair ishew of my controversie with Lords the, before my competent udges, the house of Commons that I have appealled to, clearly appeares b my constant uninterupted ••••licitations of them, to heare it, & finally adiudge it, and this also fully appears, by my Additional plea, nt to Mr. Maynard the 38. Octo. 1647. and printed at the last end of the second edition of my grand lea where I wholly put my self upon the finall iudgement of the house of Commons, though suffici∣ntly corrupted,

But that I may fully make it evident to all the world, that J have offered the Lords all the faire play n the earth, to come to a finall issue with them; J shall here insert my proposition of the 2, October 647. the originall Coppy of which I sent to the House of Commons which was there read and debat∣d, and after that I printed and published some thousands of them in single papers, and after that re∣printed it in the 16. page of the second impression of my Grand plea, and now of late have reprinted 〈◊〉〈◊〉 the third time, in the 70. page of my last book called The peoples perogative or priviledges asserted &c. hich thus followeth verbatim

The Proposition of Liev. Col. Iohn Lilburne Prerogative Prisoner n the Tower of London, made unto the Lords and Commons assembled at West∣minster, and to the whole Kingdome of England October 2. 1647.

I Grant the House of Lords, according to the stattute of the 14. of Ed. 3. chap. 5, to have in law a iurisdiction for redressing of

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grievances, either upon illegall delayes or illegall iudgements given in any of the Courts at Westminster Hall, provided they have the Kings particular Commission therefore, and all other the legall punctillos contained in that Statute, which jurisdiction, and no other seems to me to be confirmed by the Statutes of the 27. Eliz. chap. 8. and 31. Eliz. chap. 1.

But J positively deny, that the House of Lords, by the known and declared Law of Eng∣land, have any originall iurisdiction over any Commoner of England whatsoever, either for life, limb, liberty or estate; which is the only and alone thing in controversie be∣twixt them and me. And this position I will in a publique assembly, or before both Hou∣ses in Law dbate with any 40. Lawyers in England, that are practisers of the Law, and I will be content the LORDS shall chuse them every man, and if after I have said for myself what J can, that any three of these forty Lawyers sworn to deliver their judge∣ments according to the known law of England, give it under their hands against me, 〈◊〉〈◊〉 will give over my present contest with the Lords, and surrender my self up to the pu∣nishment and sentence of the present Lords and Commons.

Provided at this debate, J may have six or ten of my own friends present, to take in wri∣ting all that passeth thereupon.

Witnesse my hand and Seale, in the presence of divers wit∣nesses in the Tower of London, this 2. of October, 1647.

John Lilburne.

Now I oppeale to all the rationall men in England, whether any man under heaven can offer the Lords farer then here I have done, to which I now againe, to you declare, that I am willing to stand to, yea and now againe dare them to enter the lift of the dispute upon that very proposition.

But seeing iust in the very nick of time, as I was writing these lines, there is brought in unto me a brandished weapon of another petty fogging Champion of the Lords, viz William Prinn, who stile his book the Levellers Levelled to the very ground, who pretends to be a Champion for the House of Lords, but hath not so much parts, abilities, courage and mettell in him, as to dare to meddle with ei∣ther of the maine things in controversie betwixt the Lords, and those in his 2. pag. he stiles Lilburnist and Leyellers.

And that is first, their right to their Legislative or law making power.

Secondly, Their right by Law to their Iudicative power over Commoners in crimimall causes.

But he only answers a meere falacie, which is none of my tenent (nor desire) to have the Lords (〈◊〉〈◊〉 Lords) to come and sit with the House of Commons, and vote as one House, the endeavouring of which 〈◊〉〈◊〉 more abhorre, then to have them sit as they are; but this I acknowledge, that if they will put them∣selves upon the affections of the people, to be chosen for Knights of the shire, &c. [And if they be legally chosen) I thinke then they will have as good a right to sit and vote in the House of Common as any that sits there, and if they would doe this, I should never be angry at the continuance of their titles of honour to their posteritie for ever, and to their enjoying their large estates as their reall pro∣prieties, and not in the least to be taken from them, but by their own free consent, either generall or particular, provided they be subiect to the law as other men are, in paying their debts, &c.

But seeing the man would faine be doing the Lords some service, or else he would never have fra∣med a fixion of his own braine, and then goe fight with it, iust li•••• a Coward that in the dark drawes his sword against and upon a gates post, and falls a beating and slshing it, and then raiseth up his cou∣rage to a great hight, as though it were some body indeed, because it stands still and doth not (not b is sure will not) fall againe upon him.

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And truly he that contests without a reall adversarie to incounter him may easily be a Conquerer, and yet as attant an Ignoram i and Coward as any is in the world, and therefore Mr. Frost, that you and Mr. Prinn may have something (of new) in reallitie to lay your heads together, to study how to udge, that so your mettell may battled indeed, I shall there insert for your speciall perusall, what I delivered in my speech at the House of Commons barre (as I have already pend it) upon the 19 Ianuary, 1647. against the House Lords but in regard it was spoken about the middle of my second speech that day, I shall make a little introduction to it thus, that upon the 18. of Ianuary, 1647. I had informa∣tion, that one Mr. Masterson the Priest of Shareditch, had accused me, and Mr. Iohn Wildman (who hath already published his defence, and called it Truths triumph, or Treachery anatomised) to the Parliament of plotting dangerous things against them: of which being in London informed, I went im∣mediately to Westminster, and freely promised the Sergeant at Armes, without any warrant being ser∣ved upon me, the next morning to be at the House of Commons doore, and accordingly the next mor∣ning preparing for the journey I arrived with other of my friends at Westminster, and being not long at the House doore (Where was many of my friends come down from London and Southwarke, to beare and see how things went) J addressed my self to the Serieant of the House, to let him know J was there to tend upon the houses pleasure, and he immediately came out with his Mace, and called for Mr. Ma∣sterson, the lying, malicious Judas Priest, and my self, so in we went: and also the Lievtenant of the Tower as my Guardian, and having given them that due respect that I conceived is due unto their iust and true authority, (though I owe little or none unto the persons that sate th••••e, by reason of their abusing and most abominable msexecuting of their righteous authority) the things that passed, so neere as my me∣mory to the utmost punctillo will serve me, I shall faithfully relate unto you, (rather adding then detra∣cting.) Upon our comming to the barre, where both my lying and false accuser and my self stood; the Speaker stept up in his Chaire, and commanded Mr. Masterson in the name of the House of Commons, to give them againe, a narrative of what he yesterday he declared to them.

So he very formerly begun, and spoke as freely as if he had learned his lesson without book, and truly J could not but stand amazed at the mans impudence, that he durst with so much confidence tell and belcsh out so many lyes as he did, but giving not much regard to his accusation, to treasure it up in my memory; being resolved before hand to take no cognizance of his verball impeachment; which in law was nothing, J fixed my mind very seriously upon the Lord Iehovah, and was a wrestling with him for the incomes of his own self, that so J might speak freely and boldly in his might and power, (if it were possible) to the amazement and terror of his enemies amongst those that should heare me, divers of whom I was confident would lay in wait to catch and intrap me.

And now and then (the House (in my apprehension) being very full) J cast my eye about me, to look upon the countenances of the Members, and to observe their behavours, most commonly fixing my eye stedfastly upon the Speaker in the Chaire: who as soon as he perceived Mr. Masterson had done, beckned his hand unto me, as J conceived, to have me answer the Priest, but I stood still and took no notice of his beck, at last he wished me to say what I could for my selfe unto it, whereupon pausing a little after a Congee made unto him, I openned my mouth to this effect.

Mr. Speaker, J desire in the fist place to premise this; That I look upon and own this honourable House in its constitution and power, as the best, legallest, and iustest interest and authority that it established in this Kingdome: or that all the Commons of England visibly hath for the preservation of their Lives, Liberties and Estates: And I doubt not but so to speake unto you this present day, as clearely to demonstrate to you, that I am an honourer, an owner and a priser of this greatest english authority and interest, in which as a free Commoner of England J have a little share. And therefoe if this honourable house please to afford me Pauls priveledge which he inioyed amongst the Heathen and Pagan Roman Governours or Magistrates, which was, to heare him speake freely for himself before they would condemne him, which liberty

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and priviledge J freely and largely inioyed at the hands of the Cavialeer Iudges at Oxford, when I was arraigned mions before the Lord chiefe Iustice Heath, and Sir Thomas Gardner late Recorder of London, for drawing my sword, and a your command adventuring my life, for the great interest of the Kingdome involved and singly represented in this honourable house, in the destruction of which it perisheth, who before all th City and Country then assembled at Guild Hall in Oxford, gave me free liberty without the least interruption, o say what I pleased, and to plead for my life in the best manner that all thse abilities God had given me would inable me to doe.

And if you please to grant me 〈◊〉〈◊〉 priviledge which is my naturall right, J shall speake freely, with this protestation and Svo, that I doe not speak nor answer out of any duty or tye that lyes upon m by law, for all charges in law ought to be in writing under the hand, or hands of him or them that chargeth; And in that forme that the Law requires, and proceeded in according to the forme of the Law of the land, expressed in the 29. chap. of the Great Char∣ter, and those lawes which expound it, which are mentioned and nominated in the Petion of Right, which this pretended verball charge is not in the least. And indeed Mr. Speaker, in law it is no charge at all, neither in the way this informer is in, can I well have any remedy against him in case he abuse me, for as I understand, if he tell twenty lyes against me, I cannot punish him, but if he maliciously sweare one a∣gainst me, I have his eares at my mercie, &c.

And a betrayer of my libertys J should be, if I should looke upon it as any charge at all. And in that considera∣tion returne an answer to it, and therefore againe saving unto me the rights and priviledges, of an English man, which is to be tryed by no other rules or methods, for any reall or pretended crime whatsoever, then what is expresly decla∣red by the known, established, and declared lawes of Eng∣land, nor by, nor before any other authority or magestracy, then what the Law hath authorised to be the executors of it, J say sauing as before I have expressed.

J shall out of that ingenuity of spirit, and candidnesse and integrity of heart that dwells within me, and out of that high and honourable respect I beare to the interest and just athority of this House, give you if you please, a free, voluntary, full and perfect relation of all the most materialest actions passages and speeches, that have past from me, about this Petition, since it was first begun, to our conclusion of our late meeting at W••••p••••.

And I shall the rather at present ••••y aside the punctillos of my liberty, which is nor to answer to a∣ny interrogatries, or confesse any thing against my selfe, till it be legally and punctually proved; because I have longed for such an oportuity as this, and my silence at this time might in the prejudised opini∣ons of some among you, (against me) argue in their spirits, my guiltinesse of all their lyes▪ laid unto my charge; and thereby mght in their own hearts, take me pro confesso; and conclude me guilty from my silence, but without a grant of free liberty, from this house to speak my minde freely without any interrup∣tion, I shall not say one word more, but remain in perfect silence, so the Speaker commanded us to with∣draw, which we did.

And about a quarter of an houres time after the Sargeant at Armes came with his Mace, and ushered us in againe, and having placed our selues at the Bar, Mr Speaker having a paper in his hand looked upon it, and said to this effect,

Mr. Masterson the House conceives that you have nothing high given them so full a relation, of this businesse to day, to Mr. Lilburns face, as you did yesterday; when

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you were single therefore I am commanded to ask you what you say to such and such a thing, and mencioned as I remember about 6. or 7. perticulars, the substance of all his accusation, so nere as that litle heed that I gave unto it, would inable me to Collect was to this effect.

That there was a designe (especially by me declared at the foresaid meeting) contrived by me, &c.

to destroy or cut of both houses of Parliament, and that we could not be far form the intention of executing of it, in regard I had appointed blew ribons to be worne in the hats of all those that should be saved alive; and that though we did now draw a Petition to the House, yet it was no more but a Cloak, or Colour to raise the people by, that so we might the more covertly make our selves strong enough o destroy them,

But after he had done, the Speaker told me the house had given me free liberty to say what I pleas∣d, at which I made a Congy, and mightily raised up my heart to God, with an earnest inward Cry up o Heaven now to come in (if ever) with power, strength, wisdome, resolution and utterance accord∣•••••• to his wonted goodnesse, and praysed be his name he heard my inward sight and eyes unto him, and ut as it were a new heart and burning fire into all the blood in my vains, & raised up my spirit high be∣ond its ordinary temper, and with a litle pause I begun and said after this manner with a soft oyce.

Mr. Speaker I take it for no small honour, to be admited this day, to this great (though just) privi∣edge, to have free liberty to speak my mind freely and boldly, without interruption, and having againe remised what is before premised, and protested againe what is before protested, with a loude and mighty voyce (though with an easie and senceable command over my selfe) I went punctuall on (with ut the least interruption) and extempory said.

Mr. Speaker, I doe here freely and voluntarily confesse it that I had a band or a finger in drawing the 〈◊〉〈◊〉 Petition, with arge marginall notes fixed to it, and that I also had a hand in putting it to the rinting grosse, and paying for it, and went on, giving the House the grounds and reasons of my so do∣ng, acquainting them with all the pains I had taken to promote that gallant Petition in City and Country, telling them that I durst at their bar with confidence aver it, that there is never a man in England, that dare or can justly speak against the body, or scope of that just, necessary, and righteous Petition, unlesse it be those that have guiltie consciences within them, or those that are of, and allied unto, some of those corrupt interests that are there struck at.

I also acquainted them truly with the reall causes of our late meeting at Wapping, that Masterson omplained of: and after I had given them the substance of the beginning of our discourse there, I cquainted them, that it was objected by some in the Company, that the people all over the Kingdome, ere generally very ignorant and malignant, and hated the Parliament (and us, whom they called Round eads, Independents, &c. for our Cordiall adhering to them) under whom they groaned under greater op∣ressions and burthens then before the Parliament. And for all their expences and fightings, were never 〈◊〉〈◊〉 whit the frer, either at present or in future grounded hopes, and therefore for us, (that were for the oresaid reasons so hatefull to the generollity of the people) to act in this Petition, they would but con∣emn it for our sakes, and be provoked to rise up against us.

Vnto which Mr. Speaker, my self, &c. answered to this effect, the people are generally malignant, and more for the King then for the Parliament, but whats the reason? but because their burthens are greater now then before, and are likely to continue without any redresse, or any visible, valuable considera∣tion, holden out unto them, for all the blood and treasure they had spent for their liberties and freedoms. And the reason why they were so ignorant, and did so little enquire after their liberties and freedoms, was Mr. Speaker, because that though the Parliament had declared in generall, that they engaged to

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fight for their liberties, yet they never particularly told them what they were, nor never distinctly h forth the glory and splendor of them, to make them in love with them, and to study how to pres 〈◊〉〈◊〉 them, and for want of a cleare declaring what was the particulars of the Kings rights, and the natu of his office, and what was the Parliaments particular priviledges, power, and duty, to the people of 〈◊〉〈◊〉 Kengdome, that chosed and betrusted them, and what particularly was the peoples rights and freedom they were hereby left in blindnesse and ignorance, and by reason of their oppressions, because the knew no better, doted implicitely upon the King, as the fountain of peace, justice, and righteousnesse without whom nothing that was good, could have a being in this kingdome; And I told them 〈◊〉〈◊〉 Speaker, it was no marvell, that the poore people in this particular were in foggs, mists, wildernesse and darkenesse; considering that this House in their Declarations hath so plaid at fast and loose w•••• them, for though Mr. Speaker, this house voted to th effect, that the King being seduced by evill Councell, h made warre against the Parliament and people, and that th are trayters that assisted him: And further declared, th he had set up his Standard against the Parliament an people, and thereby put the whole Kingdome out of his pro¦tection; contrary to the trust reposed in him, contrary to 〈◊〉〈◊〉 oath, dissolving government thereby. And that he in his own person marched up in the head of o Army, by force of Armes, to conquer and distroy the Parliament, and in them the whole kingdome, th lawes and liberties.

And yet Mr. Speaker with the same breath declared, the King is the fountaine of justice, and that he can do no wrong, and forc'd the people to take oaths and Cove∣nants, to preserve his person, and yet at the same time gave the Earle of Essex and all those under hi Commission, to fight with, kill and slay all that opposed them, and declared, the King in his own person marched in the head of an Army to oppose and destroy them, and yet gave them Commission to fight fo King and Parliament, so that Mr. Speaker, here was riddle upon riddle, and mystery upon mystery which did even confound and amaze the people, and put them into Woods, and Wildernesses, that they could not see or know where they are, or what to think of themselves, or of the Parliament, or o the King, only this they very well know that their burthens are greater now then ever they were before, and that they have been made fooles, in pretendingly to fight for liberty, which hath brought them into bondage, and that though it was formerly declared the King had no negative voice, or legislative pow∣er, but is bound by oath to passe all such lawes as the people, folke or Commons shall chuse; yet no the Parliament sends unto him againe, and againe, for his concurrence to their Acts, as though the giving of life, soule and power to their actings, were undisputably and inseparably inherent in him, and as though now there consciences told them, they must crave pardon of him, for all the actions they have done without him, and against him; O ridles and unfathomable mysteries, sufficiently able to make the people desirous to be ignorant of their liberties and freedomes forever, and never to hear of them more, especially considering they have paid so deare pretendedly for the enioyment of them, and yo after 5. years fighting for them, know not where to find one of them.

But Mr. Speaker, they were told that in this Petition the people had clearly held out unto them, and that upon the undeniable principles of reason and justice, the Kings rights, the Parliaments and their own; and that the two former, were, and of right alwayes ought to be, subservient to the good of the latter: and they were told, it was not so much persons as things that the people doated upon; and therefore undoubtedly those that should really hold out iustice and righteousnesse unto them, were those that they would be in love with, and therefore in mercy to our selves, and in love and compassi∣on to our native Country, it was pressed, that every man that desired to fulfill his end in comming in∣to the world, and to be like unto his master in doing good, should vigorously promote and further this just and gallant Petition, as the princeple meanes to procure safety, peace, iustice and prosperitie, to

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he land of our nativitie, and knit the hearts and spirits of our divided Country men in love againe each unto other, and in love unto us, which they could not chuse but afford, when they should visibly ee we endeavoured their good as well, and as much as our own, there being all the principle founda∣ions of freedome and iustice that our hearts could desire and long after, in this very Petition; And if our greatest end were not accomplished in our prosecuting of this Petition, viz. the Parliaments esta∣blishing the things therein desired, yet the promoting of it would beg it understanding and knowledge n the people, when they should heare it and read it, and discourse upon it, and if nothing but that were effected, our labour would not be totally lost, for nothing did more instate Tyrants in the secure pos∣session of Tyranny, then ignorance and blindnesse in the people. And therefore for the begitting of know∣ledge, it was requisite it should be promoted. And also for the healing of the divisions amongst the people, and knitting them together in love, that so their minds might be diverted from studying the uin each of other, to studie the destruction of Tyrants that would in time destroy them all; whose fundamentall maxime t is, that they must by policies and trcks, divide the people amongst themselves, or else they can never safely tyrannise over them.

And Mr. Speaker, there was one in the Company that made a motion to this effect, that he did con∣ceiveit was more requisite at present, speedily to second the Armies Declaration with a petition to incou∣rage this House vigorously to go on to prosecute their last Gallant Votes (for so they were called) to which was answered to this effect.

That in this petition was contained more then was in all them Votes, for it struck at the very root of all that tyranny that had enslaved and would inslave us, viz. the Negative voice in King and Lords both, which the Votes did not in the least. And it was impossible that there could be an active mem∣ber in the House of Commons, but knew that this petition was promoting all over the Kingdome: which abundantly declares greater incouragement to all those Members of the House, that really in∣tended good to the Commonwealth, then possible could be in a single complementall Petition, signed with 4, or 500. hands, such a petition being rather fit to puffe them up, and thereby divert them from fully intending the peoples good, then upon reall grounde to strengthen and incourage them therein, and there was never a member of the House, whose design in the largest extent of it was no more, then the pulling down of the King, that so he might be a King himself, but of necessitie he must receive more satisfaction and incouragement from the knowledge of the promoting this gallant, unparaleld petition (which is a cleare demonstration to the Parliament, that those that promote it, clearely un∣derstand, that the King and the Lords tyranny, and their liberties are inconsistent) then he could doe from a bare complementall petition, which would also be dangerous to our selves, in quashing the vigorous prosecuting of this, that contained the utmost of our desires: and the sum of all those things that in this world we desired to make us happie.

But Mr. Speaker, it was againe obiected, that seeing the Petition struck so much at the House of Lords as it did, who lately it was said had concurred with this House in their Gallant Votes against the

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King, it was dangerous to the Kingdomes safety in this iuncture of time, to promote it, loast is might occasion a clashing betwixt the two Houses, which would now be very dangerous.

U to which Mr Speaker, my self, &c. answered to this effect, that if the Lords had so concurred in these Votes, that they had declared it had been their duty, without dispute o have concurred to all such Votes as the House of Commons had passes, there had been some ground to have pleaded for a respect 〈…〉〈…〉 from us. But seeing they so passed the Votes, as in the passing of them, they declared it to be their right, to give their denyall to any Votes the House of Commons shall hereafter passe, that doth not please them: We are thereby ingaged the rather to goe on with our Petition to pluck up their destructive interest by the roots, that had brought all our miseries and woe upon us.

For Mr. Speaker, if the Lords be considered in their indicative power, we shall find them as guilty of treason in subverting our fundamentall lawes and liberties, as ever the Lord of Strafford was, for which he lost his head, who in his impeachment of high treason by this House was accused it▪ tho 4, 5, 6, 7, 8, 9. articles, that he had treacheously subverted the fundamen∣tall lawes and liberties of England and Ireland, and intro∣duced an arbitrary tyrannicall government beyond and above law: in that he had upon paper petitions, and verball com∣plaints, without any due course, processe or shadow of Law (but meerly by the Law of his own will) outed divers of the free men thereof, out of their liberties, proprieties, and freeholds: to the ruin and destruction of many of their fa∣milies.

And truly Mr. Speaker, I must aver it, and doe aver it before this House, that the present House of Lords are as guiltie of this trayterous subverting of our fundamentall lawes and liberties, and introdu∣cing and exercising an arbitrary and tyrannicall government above and beyond all law and iustice; as he was. And by the law of their own wills, without any due course or processe of law, (or the least shaddow of law) have outed, divers free men of England, out of ther liberties, properties & free holds, they themselves being Complainants, Prosecuters, Par∣ties, Witnesses, Jury, and Iudges, have passed most bar∣barous and tyrannicall censures, upon them, to the appa∣rent ruine of them and their families; yea and upon me have passed so barbarous, and transcendent an illegall sentence, that I am confident the like of it in all circum∣stances, is not to be paraleld in all the Earle of Straffords tyranny, for which he lost his head.

And Mr. Speaker, let me freely tell you, that unlesse this House doe execute upon the present ty∣rannicall House of Lords, or the mischievous and law distroying ring leaders amongst them, the Earle of Straffords punishment, I shall never iustifie you for righteous and impartiall Iudges, or think that you have discharged your duty either to God or the Common wealth.

And then Mr. Speaker, in the second place, as for the Lords Legislative power: I told my friends to this effect, that the Lords usurpations in that particular, had been the cause of all the late wars, and blood shed in England.

And Mr. Speaker, I illustrate it unto you thus, that before this Parliament was called, there were cer∣tain great and wicked men in England, that had in a manner totally destroyed and subverted all our lawes and liberties (For the Judges in the iudgement of Ship money alone had given up to the King at one blow, all our properties, and by consequence all our lives, and all that was deare unto us And these with many others had de facto, set up an arbitrary tyrannicall power, beyond & above all law, (which is well set forth in your first Remonstrance of the state of the Kingdome) which had like to have destroyed this

Page 15

whole Nation; and the King being of necessity compeld to call this Parliament, this House in its verginitie and puritie, according to the great trust reposed in them, endeavoured to execute justice and judgement upon the forementioned tyrannicall law and liberty destroyers, whose power and interest, by reason of those many great places and command they possessed in the Kingdome: and by reason of the length of time, they had continued in their wickednesse, had so fastly routed and revited them in the bowels of the Common wealth: That the endeavouring to pluck them up occasioned the feare of a dreadfull Earth-quake in the Kingdome, and therefore that this House might in securitie goe on effectually to discharge their trust and duty to the kingdome, they were therefore as to me appeares, ne∣cessiated to new mould the Militia of the Kingdome, and to put the strength of the nation into more confiding hands then it was before, which desires of theirs they sent up to the Lords, for their concur∣rance, who refused to concurre, not once, nor twice, but many times, and procrastinated time so long by their delay, that the Kingdom was ther∣by in danger of ruine, which necessitated this house to send up Mr. Hollis (a quandum Patron of the peoples liberties) to the Lords bar, with a mes∣sage to this effect, to demand the names of all those Lords that would not concurre with this House in saving the Kingdome, that so they might be the obiect of their iu∣stice and punishment.

And truly if the Lords had had a rea•••• and true right and title to their Negative voice, to deny con∣curring with this House in what they pleased, this message was no better, then by feare and compulsi∣on to ravish them out of their judgements and consciences; and so by force to rob them of their rights. And upon this message Mr. Speaker, when the House of Lords see this House was in good earnest, be∣ing prickt up thereunto by divers transcendent high Petitions of the people, after they had delayed their concurrance so long, as they could or durst, the most of them fled, and the remnant or lesse part concur∣red, who at the best, if they had a right to deny or grant it their wills and pleasures, can be stiled no better then a House under force, and by the same argument it ill follow, they have so continued ever since, and so all their acts eversince, are null and void in law and reason both; being the act of force, and therefore of necessitie it must either be granted, that the Lords pretended right to their law making power, is a meere usurpation, or else that the House of Commons committed the Apprentices late treason inforcing the Parliament.

But Mr. Speaker, I said and still doe say, that the Lords so long standing out, and refusing to con∣curre with this house to settle the Militia of the Kingdome, gave the King an oppertunitie to with∣draw from the Parliament, and to lay his design for a War, yea and to gather his forces together, where∣as if they at the first desire, had concurred with this house in setling the Militia, the King had never had an oppertunitie to have withdrawn himself from the Parliament, or to have gathered 300. men together, much lesse an Army, and so there could have been no Warre and blood shed in the King∣dome.

And therefore Mr. Speaker, as I old amongst my friends so I doe here again lay the guilt of all the blood that hath been spilt in England in the late warre: (which I doe beleeve amounts to the number of 100000. men, that have lost their lives in it) at the House of Lords doore, and this House, (Mr. Spea∣ker) in my apprehension, can never in justice (either before God or man) acquit them selves as iust men, if at their hands they doe not require, and upon their heads requite the guilt in shedding all this innocent blood.

And as for their right to their pretended Legislative power, I told my friends Mr. Speaker, I would maintaine it upon my life against all the Proctors the Lords had in England: that they had no truer right to their Legislative or Law making power, then what they could derive from the sword of that Tyrant, Willam the Conquerer, and his successors, and therefore it was that in their joynt Declaration with this House, published to the view of the Kingdome, they doe not stile themselves, the chosen Trustees, or Representatives, of the Kingdome, but the Heriditary Councellers of the

Page 16

kingdome, that is to say men imposed upon the Kingdom for their law-makers and Rulers, by the ficious omnipotenc will of the King to be their law makers and governour. Who in his answer to the 19. propositions, hath no better plea for the Lords Legistive power, but that they ha•••• their right thereunto by blood. And Mr. Speaker, I said un∣to them, and now averre it with confidence unto you, tha for them to take upon them the title of Legislators of England, they have no more right so to doe, then a Rogue, Theefe, and Robber that robs me upon the high way, and by force and violence takes my purse from me, had or hath, to call my money when he hath so done, his own true and proper goods.

Or Mr. Speaker for them to plead, that because they have exercised this power for some 100. of years together, that therefore now without all dispute, it is their right and due, I told them twas no better an argument then for a Knave to aver, such an honest rich woman, was his wife, and her riches his propriety, because by force and violence he had committed a rape upon her verginity, and by force and violence had taken possession of her goods, and forced and compelled her for feare of having her throat cut to hold her peace. Now Mr. Speaker, from the act of force and violence com∣mitted upon such an honest woman, to draw this argument or conclusion, that therefore he that did commit it, because he used her (or lay with her) is her lawfull and true husband, or that all her goods are his, because by force he hath taken them from her, and by force keep them and useth them as his own, is no found argument, and yet as strong a one, as for the or as by force of Armes, to ioyne with the Kings of England to rob us of our native and undoubted liberties and rights, (which is to chuse and im∣power all out law-makers, and to be bound by n law imposed upon us, by those that never were cho∣sen & be trusted by us, to make no lawes,) and then usurp them to themselves, and by force and violence is keep them from us, and then to plead because they have possessed them so ong, that therefore they have a true undoubted and naturall right unto them.

Besides Mr. Speaker, I told my friends, that if ever the Lords had any right at all to their pretended Legislative or law making power, (which utterly deny that ever they had,) yet they have since this Parliament with their own pens and tongues given it away. And that I did, and doe prove thus, the Lords themselves never claimed their power by any other right, then what they derived from the King, by his letters, paten••••, writ in a piece of Parchment with a seale to i▪ Now if the King have no Legisla∣tive power, inherent in himself, without all controversie in the world, he can give or derive none unto the Lords, for it is impossible, that that should flow or come from a thing, that is not originally inherent i the thing it self.

But the King hath no legislative or law making power inherent in himself, and therefore can give or derive none unto the Lords And that the King hath no legislative power inherent in himself, J prove out of the Lords own words, in their ioynt declarations with this house, of the 6 May 1642. and of the 2. Novemb, 1642. 1. part book declarat. pag. 268, 269, 270. 76, 707, 708, 709, 710, 711, 712, 713, 714, 715 Where they spend many leaves to prove, that the King is of duty bound by his Coronation Oath, to passe all such Lawes as the FOLK, PEOPLE, or COMMONS shall chuse, and if so then he hath no Negative voice, and if no Negative voice, then he hath no Legislative power, and so cannot possibly give any to them, and that he hath no Negative voice, or Law-making pow∣er, their own words and arguments fully prove in the forementioned declarations.

Nay Mr. Speaker, it was further declared to this effect, that if this house did instate the people of the Kingdome in all the rest of their liberties, and left this pretended Legislative power of the Lords unroted up, they were but slaves, by that one particular alone, and that was illustrated in this manner.

Page 17

All Legislative power in its own nature, is meerly arbitrary, and to place an arbitrary power in any rt of persons whatsoever for life, (considering the corruption and deceitfullnesse of mans heart, yea ••••e best of men) was the greatest of slavery; but the claime of the Lords is not only to have an arbi∣••••ary power inherent in themselves, for life, but also to have it hereditary to their sonnes, and sonnes ••••nnes, for ever, be they Knaves or Fooles: which is the highest vassalage in the World. And herefore Mr. Speaker, J must freely tell this House, that I shall never believe they really and in good earnest ••••tend to make the Kingdome free, till I see them pluckt up by the roots, this grand tyranny of the ords, though for my part, I am not against their enioyment of their titular dignitys, nor the in∣eriting of their great estates, alwayes provided they be made sublect to the Law as other men in pay∣ng their debts, &c. And if for this rigidnesse against the King and the Lords Negative voice, I be called 〈◊〉〈◊〉 State Heritique, I answer for my selfe, that the Parliaments own Declarations, hath made me so nd that if I be deluded and deceived, they are the men that have done it.*

The rest of my narrative at the bat, about the businesse of apostatised Lievt. Gen. Cromwell Com-Gen. Jreton, the second Felton, and my Lord Wharton, &c. up about half an houre, & contain so much maner in my own head 4, or 5. sheets of paper, which I must scipover and remit to another time, but because I iudg my conclusion to be very pertinent to my present businesse and sufferings, I shall give it you verbatim, as I have many dayes ago writ it, which thus followeth.

And now Mr. Speaker, I shall draw towards a conclusi∣on, having dealt ingeniously with you, and freely of my wn accord, (not with the least relation to this notorious lying, illegall Charger or Informer) given you a full relation of all the materiall discourses at the Meeting, &c. so fat as my present memory will ena∣ble me, & this I am sure of Mr. Speaker, that I have not timerously or falsly hid any thing from you, or in one tittle minsed the busines, having rather given you more then lesse, humbly submiting my self, my pre∣sent relation, and all my actions relating thereunto, unto this House to referre me and them, (if they shall be iudged offensive) wholly and solesy to be iustified or condemned at the Common law, by a tryall be∣fore one ordinary Iudge, the true and proper executor of the Law; and a Iury of my Equalls, according to the known and declared law and iust custome of England, which is my Birth right and inheritance, which instates me into the capacitie, that J am not in my present condition, to be tried, iudged or condemned by this house or any other pow∣er in England, but according to the known and declared Lawes of England, the Executors of which in the least I ever this House are not nor ought not to be.

And therefore Mr. Speaker, before I totally conclude in preventing this house, to conclude their ill begun opinion of me; I shall humbly desire a little further liberty to propound three things unto your consideration, and in them I shall be briefe.

The first of which is, that when Paul stood before the Heathen and Pagan Roman Governours, and the Iewish Scribes and Pharisees, Prest hard against him, to have him destroyed, as this English Pharisee doth now against me at this barre, yet they had so much righteousnesse and iustice in them, by the light of nature, that they would not condemn him for all that, tell they had given him the benefit, which the very law of nature gives to any man, and which the law and custome of the Romans gave unto him, which was to heare him make the best defence for, himself that he could, the which when he had done, the Governour was convinced, that his accusation was eer mallice, and that he had done nothing worthy of death or bonds, Acts 23.29. and 24.25.26.

And Mr. Speaker, as Paul amongst the Heathens inioyed the benefit of a Roman, viz. the priviled∣ges of the Lawes of his Country, so let but me from this house inioy but the priviledges of an English∣man,

Page 18

viz the benefit of the known and declared Lawes of my native Country: and I doubt not but to make it as evident as the Sun when it shines in its glory, that I have done nothing that deserves either death or bonds, and that this information is a meere malicious bundle of lyes, and that if the Informer dare but to sweare on quarter of that which now with confidence he affirmes, that he forfeits his ears. And to punish me before this be granted me, I must over is the hight of iniustice, and the actors in it lesse morrall then the pagans and Romans were.

Secondly Mr. Speaker I desire to acquaint this House that upon the third of May in the yeare 1641. one Littleson servant to Prince Charles that now is, informed the King himself (with a great confi∣dence) that I had said if we could not have Iustice against the Earl of Strfford, we would pull the King out of White Hall, and without any more adoe I was apprehended as a Traytor, and clapt up close in the messengers hands, and the next morning I was brought to White Hall as a Traytor, (and the King sent Mr. Nicholas (then as I remember) Clarke of the Councell to the House of Lords to im∣peach me of High treason, and the said Littelton swore the words point blank against me, and unto the Bnch I was called, where I had a kinde of an arraignment of High treason, before almost a 100. Lords then siting unto which I stooped, knowing my liberties no better, and the Lords giving me leave to speak for my self what I could, I delt as ingeniously with them then, as now I have done with this House, and told them freely and boldly the whole truth of the matter, and I being withdrawne one Mr. Andrews a Councellour of Lincolns Inn was called in, as a witnesse of confirmation to Mr. Litleton not knowing wel what I had said nor what he had sworne, and he was put upon his Oath to declare the truth of my discourse, and Jumped point blank upon what I had ingeniously related to them, so by ex∣amining the truth to the bottome, my life was saved, and my body honourably delivered (by order of that honourable House) from my present bonds, and Mr. Litleton like a rogue, for his owne preservation was fain to sneak away, but Mr. Speaker that which I here observe, is this, that if the House of Lords (then possest with indignation enough against me) had been so credilous and unjust, to have believed a single informer then upon his oath, (which yet is more then this informer is) for any thing I know, J had died for it, and I hope this house will not fall short of the house of Lords (yea and of the house of Lords when it was fullest of arbitrary courtiers in doing justice in condemning me to any the least punishment in the world, upon the bare virball information of a single informer, not upon his oath) especially having so long and large experience of my unspoted integrity, to the reall and just interest of this House, that now with my pen I dare aver it with confidence, never any man in England ever gave greater or larger, for all the rusling, buslings or confident lyes of any rotten apostatised or corrupt members therein.

Thirdly and lastly Mr. Speaker, I desire to acquaint this House, with some hard measure in this very particular I have had from this House it self, & truly M. Speaker J intended at my coming in freely & boldly to have grated upon some unpleasant string, and loudly to have sounded a harsh and unpleasant base upon them, but truly Mr. Speaker, J must ingeniously confesse, I am overcome by that honouourable respect I have this day found from this House, in that you have heard me with so much patience speak my minde so largely, with freenesse and bouldnesse without the least interuption in the world; that I doe in good earnest canfesse, I take it for a greater obligation and ty unto my spirit, then all the favours that ever I received from this House fom the first day of their siting to this present day; but Mr. Speaker I beseech you, let me not be misinterprited, as though J said this to collogue and flatter with you, and ther∣by to insinuate into you, lesten your iust indignation, unto me for my crimes, no Mr. Speaker I hate and abhore the thoughts of any such thing, and doe before you all with detestation protest against it: assuring you that if my naked integrity and sincerity, in the iust and strictest eye of the law, will not beare me out in whatsoever can iustly and legally be laid unto my charge, J am resolved to perish.

But I goe on with your favour Mr. Speaker, to say what J intend, with the greatest respect to this House that possibly the businese will beare, and Mr. Speaker, you your selfe may remember, that I brought post letters of glad tidings in Iuly 1645. from the Army in the West, of their routing Generall

Page 19

Goring at Lampart, and being waiting at the House doore upon the 19. of Iuly 1645. there was me kinde of false information given into this House against me, by whom J then did not know, nor o not legally know to this day, but the informers were never called into the House, to testefie the least ••••me in the world against me, and with those that (since I understand) were the informers (viz r. astick & Col. Edward King) I had not for many moneths before to my knowledg changed so much as ••••e word with, and yet notwithstanding my best requitall, for my hazardus posting from the Army to 〈◊〉〈◊〉 House upon my own charges with the foresaid glad tidings, was to be voted by the house about 8. Clerk at night to be clapt by the heeles, without to this day expressing any pretended or reall crime or cause herefore, without eversomuch as calling me (though then at the doore to speak one word for my self; a harsh peece of iustice Mr. Speaker, but yet this was not all for the causlesse indignation of this House burnt so hot against me, that upon the 9. of August following, they caused me to be sent from the Sargeant at Armes his messengers house to Newgate, and by all the meanes I could use in the world, could neither get this House not its, Committees, before whom I was, to tell me in the least the cause wherefore they were an∣gry with me, and yet your causelesse indignation rested not here, but when I was in Newgate, this House made severall Orders for Mr. Bradshaw, Mr. Steele, and Mr. Walker, to prosecute me for my ife (as J conceived) at the Sessions in the Old Bailey, and a Iury was also (as I was informed) panneld upon me, and hundreds of my friends gave me over for a dead man; and many times pressed me to seeke he favour of this house, which I alwayes absolutely refused and trusted to the protection of God, my nnocency and my pen: and in conclusion this House sent me 100. l. to help to beare my charges and the 14. Octob. 1645. by Vote of this house, as a iust and innocent person, against whom no crim nformation or charge had or could be laid, released me.

So that Mr. Speaker, you see that this very house upon false and un∣grounded information, (which causlesly heated and inflamed their indignation against me,) had like to imbrued their hands formerly in my innocent blood, and yet in conclusion were necessitated to release me, as an innocent, iust, and righteous man, and Mr. Speaker, I could tell this House the name of those in this House, that were the principall prosecuters of me in this un∣iust and unrighteous manner, but for that ingenious and honourable respect that I have this day in∣joyed from this house, I am at present in that particular silent, only I must acquaint this house that I was no sooner at liberty, then the agents of your brother Sir John Lenthall, Mr, Speaker, went up and down the city, declaring that I and my confederates had a plot in hand by force of Ames to de∣stroy this Parliament, of which when I heard, I went to Alderman Atkins, now a Member of this House, and then Lord Maior of London, before whom some of Sir

Page 20

Iohns Agents, Complotters, and Knights of the post, were brought, and desired him to doe me justice upon them, by taking such a legall course, that they might be put upon the effectuall proofe of 〈◊〉〈◊〉 conspiracie, and treasons which they accused me of, or examplary iustice done upon them for the false accusations and combinations to take away my life, But truly Mr. Speaker, I must clearely de∣clare to this house, that I clearely apprehend, these persons were set on by men of such power, that 〈◊〉〈◊〉 then Lord Maior of London (now a member of this House) neither durst, nor would doe me one dra of Iustice, And Mr. Speaker, I looke upon this very accusation given against me, as a designed, plou melicious and false a thing, as any of these formentioned & do hope to find so much honour and justice now at t hands of this Honourable house, especially considering that now I have in some good measure give them to understand, how maliciously formerly I have been dealt with, that they will not in the lea condemne or punish me upon this verball suggestion, nor have the least evill thoughts of me, till the see the businesse fully debated according to law and common iustice.

And now to conclud all, Mr, Speaker I shall humbly crave the patience of this house, to heare me tw or three words about my own particular businesse, that hath hung so long in this house,

And what I have to say in this particular, I shall be very briefe in.

And in the first place Mr. Speaker, as for my appeale to this house, which hath hung here almo•••• two yeares without your judgement or finall determination post upon it, although I for my part Mr▪ Speaker (have used all the wayes and meanes I can to procure it, but as yet Mr. Speaker I can not ob∣taine it I therefore make it my humble sute unto this Honourable House, that if yet they be not sa¦tisfied, in the legally of my protest against the Lords usurping jurisdiction over me, that then thi house Mr. Speaker, will be pleased to appoint a day in the open house to heare me openly, whe now Mr Speaker I solemnly offer, singly and alone 〈◊〉〈◊〉 this bar, to maintaine and iustifie the legallitie of my proceedings against the Lords, against all the procters they have in England, to send to this bar to plead their caus for them face to face, yea Mr. Speaker; I shall be willing they shall take in the helpe of all the Agents they have 〈◊〉〈◊〉 this House, provided I may be suffered my selfe to answe their obiections, and when the discourse is done I shall rea∣dily, and cheerfully submit to the finall determination and judgement of this House in it, or if I cannot obtain this at your hands.

Then in the second place Mr. Speaker I most hum∣bly intreat this honourable House, that they will be plea∣sed to appoint a day, to reade over my Plea J made for my self before Mr. Iohn Maynard &c. and which since

Page 21

I have printed (and delivered some hundreds of them to the members of this House) and upon the reading of it to proceed to give a final Judgment in it, that so I may after almost 2. years waiting know what to trust to, and not be kept everlastingly in Prison, in a condition worse then death it self for truly, Mr Speaker, my pressing and unsupportable necessities compels me to deale ingeniously with this House, and tuly to acquaint you, that I have not (being a yonger Brother) one foot of land in the whole world, nor a penny of any rents coming in to maintaine me, my wife and litle Children, nor any trade agoing to bring me in one farthing, nor a penny allowed me by those that uniustly imprisoned me to buy me bread, and all these things considered with my 11 years (in a manner constant) sufferings laid unto them, I cannot apprehend how this house can rationally conceive (how without maricle) I should live or subsist especi∣ally seeing I am necessitated to contest for my own preservation, with all the corrupt grand interests in England, & therfore in the second place I humbly intreat this honourable house, to let me have somthing at the present out of my Arreares (to keepe me alive) which I dare with confidence Mr Speaker avere before this House, Iustly amounts to the greatest part of a Thousand pounds.

And in the third place; Mr. Speaker, I humbly intreat this Honourable House, seriously to consider and passe my Ordinance, (that long hath laid dormant here) for my 2000. l. reparations against my cruell Star-Chamber Iudges, and that I may speedily and effectually by you, he put into a certain way where to receive my money, and not be sent unto those for it, where it is impossible for me to get it, without the losse of a great deale of time, and the ex∣pence of a great deale of money (if ever I get it at all) which I have not now to spend, having I dare with confi∣dence aver it, spent above 1000. l one way and another, in following this House, &c. for it, and so Mr. Speaker I have done with what I have to say to you at present, wher∣upon I was commanded to withdraw, which I did.

And immediately upon it, Mr, IOHN WILDMAN was called in a severall times, and myselfe having sent in word to Mr. Speaker, that I earnestly desired to come to the Bar againe, to speak two or three words more to the House, and accordingly I was called in, & coming to the Bar very hoarse, (by reason of my straining my selfe to speak audably in my former speeches, one of which lasted above an houre and half) I said with a mild voyce, Mr. Speaker, a Prison by the law of this Land, is appointed not for the punishment or distuction of the Prisoner but for the secure and salf-keeping of him, for a speedy tryall at the next Assises, Sessions or Goale delvery; And truly Mr, Speaker J have now been many assizes, Sessions and Goale deliveries in Prison, and never called out to have any crime in the world laid legally unto my charge being commited by those, that J must and do averre with confi∣dence

Page 22

before this house, have no more power or authority by the law of England, to commit me, then so many Turkes or Tertors; and this House was lately pleased to doe me so much Iustice and right, as to give liberty day by day to goe obroad to follow my businesse, and yesterday I understand they have taken of that order, and left me a Prisoner under the power of the Lords, by reason of this information of Mr. Mastersons, which I aver is a most malicious lying one, truly Mr. Speakes my necessities are such and I count it no disgrace to repeate it over againe to this House (especially considering my eleven year hard and constant chargeable sufferings for the liberties of my native Country) that I have neither Lands, houses, nor tade going to bring me in a penny to buy me bread, to preserve alive my wife and little children; and I never die any action in my life, but I was alwayes willing, and still am ready to answer for it, at the touchstone of the Law, and by it to iustifie it at my perrill, without ever craving, o now desiring, the least dram or courtefie in the world at the hands of any flesh alive, but meerly what the Law of my native Country will allow me, and truly Mr. Speaker, I have borrowed many scores of pounds, to preserve me alive in my necessities, and truly Sir I must needs tell this House, that in all likelyhood I might have perished in my straits, if I had not had a little credit to have borrowed some money to supply my wants, but truly sin, when money is borrowed, it must be paid againe, and if I breake my word, I loose my credit, and when that is lost, J must of necessity persh, and therefore Mr. Speaker, I beseech this honourable House that they would no more subiect me to the Lords lawlesse murthering wills, by sending me againe to prison, there to starve, (for while I am at liberty, J can a little help my self amongst my friends and acquaintance) wherefore J humbly beseech this honoura∣ble house, to judge my cause, and grant me my absolute liberty, which is my due and right by law, or at least at present continue your former Order, that I may day by day goe abroad to follow my bu∣sinesse, tell this House have finished, and fully determined it, protesting Mr. Speaker, unto this honou∣nourable house, that I had rather this house would order their guard of Halbeteers at the doore, to knock my brains out, or with their Swords to run me through, then send me againe to prison, there to remaine during the Lords, unconscionable wills and pleasure, there to be murthered and starved.

But Mr. Speaker, if my iust, lamentable, and pitrifull complaint, cannot enter the eares, nor pier•••• the hearts of the Members of this house, but that of necessity I must be compeld to goe to prison againe then I humbly intreat this honourable house speedily to assigne, (and give me my own (which Mr. Speaker, is almost three thousand pounds that I iustly expect from and by the meanes of this House) to live upon, that so in my captivitie J may live in some contented silence and patience, and not fill your eares with any more necessitated clamours, and iust outcryes, which J must of necessitie doe, unlesse you either give me my own money to live upon, or a reasonable proportion of yours, but if at present I cannot inioy neither of these, then in the third place, J crave and challenge from the bands of this House, the benefit of the law of England, and the custome of the Tower, where I am to goe. And first by the declared law of the Kingdome, I am svre all prisoners whatsoever, that have not of their own whereof to live, ought to be maintained in their imprisonment out of the publique treasure, in what prison soever they be in. And I am sure by the cu∣stome of th Tower, J ought to be maintained out of the publique treasure, and to be allowed such an allowance, as is sutable to my qualitie. And sure J am Mr. Speaker, I have there seen copies of divers Records, of some hundreds years of age, to iustifie this, and this J am sure of, that when Mr Hollis, Mr. Long, and other Members of this House were prisoners there in the third of the King, the King allowed them maintenance out of the Exchequer according to their qualities, when they inioyed the inire profits of their own great estates. And Mr. Long, lately in the Tower confest he spnt the King 1500. l. And truly Mr Speaker, I hope you will not be more uniust to me, in allowing me maintenance according to my qualitie, now I demand it as my right; then the King was to your rich Members, against whom

Page 23

you have proclaimed so many out cryes of oppression and iniustice and so with a Congee, two or three, I took my leave of the House, and withdrew.

And being withdrawn, the House fell into a hot debate for some houres together about the businesse, and my greatest, and fearcest ene∣mie (that I could heare of) at the debate was Mr. William Peerpoint, the Earle of Kingstones brother, 〈◊〉〈◊〉 man of a vast estate, and so full of zeale and mettell to the Parliaments cause, that at the begininning of these troubles, he would fame (as I am from very good hands informed) have run away, and did aske leave to goe over into France, but it would not be granted to him, and yet he hath attained so much Maiestie as to be one of the superlative forme of Grandees, and although he never ventured his life for the Parliament that J could heate of, yet they have largely requited him for sitting still, and given him seaven thousand, 500. l. for his pretended losses out of his brothers Composition, and it is strongly reported besides, that he saved his brother a great deale (above as much more) in his Composition, and therefore, no wonder Mr. William Peerpoint was such a grand enemie to me, and Mr. John Wildman, for promoting such a Petition, as desired to know what was become of all the pub∣lique treasure of the kingdome, which the Parliament men hath in a manner solely monopolized unto their own use (to buy Bishops lands of themselves, &c. with) as well as all the great and rich places of the Kingdome, and truly I am very much afraid, that if the people doe not the speedier looke into all their cheets, if not robberies (for no better doe I account all the many hundred thousand pounds of the eoples money that they have given each to other, it being possitively and absolutely against the law of this and, for Feffes in trust, (and they are no more at most) to give a penny amongst themselves) they will shortly goe make an Ordinance to set up the Great Turkes law, viz. that the Parliament men, shall be Heires and Executers of all the rich men in England, and therefore if ever the people thinke to get any good from this present Parliament (who doe nothing in a manner, but buy and sell each others Votes, to serve the faction and coviteousnesse each of other) then let them first resolve without any denyall, to effect these two just things.

First, That all Parliament men whatsoever (while they fit in Parliament, and continue Members thereof,) he uncapable to possesse or execute any place whatsoever, either in Military or Civell affaires.

Secondly, That the people be put into aiust and rationall capacitie, to inquire into those many millions of money that have been raised upon them, &c, (which I am confident since the wars begun, is above twelve pence for every penny that hath iustly been spent that can be iustly accounted for) and then have at you, and your letter Monopoly, &c. Mr. Pridiox, and you and your Horse Cosing, &c. Sir Arthur Hasterig, for I must of necessitie have a fling at you both; for your late zeale manifested or me, to make me be a Comrade with Iudge enkins to Tyburne. no other place in your judgement so well becomming him and me then that, though truly I am very confident it would better become your selves.

But upon the debate in the House, after Candles was lighted, newes was brought out that Mr. Wild∣man was committed to the Fleet, and my selfe to the Tower, for treasonable and seditious practises against the State, but for all that I stirred not, but staid with my Comade in the Loby at the House of Commons doore, and after the House was rise, Mr. Bicket the Serjeant ac Armes come to us, and told us what was done, and J told him at present I would not dispute the power of the House in commiting me, but if the Warrant were not legall, I was resolved to loose my life upon the place before I would goe willingly to prison without a legaall warrant, containing the particular cause, and having a legall conclusion, viz. and him safely to keep untill he be delivered by due course of Law, but Mr. Serieant brought me a copy of the Warrant, and it was to remaine in prison during pleasure, which I told him I would have my braines beat out, before I would willingly obey, and stoop to it, so the people that stayed, being about 100. cryed ovt unto us to goe away with them for to prison they would not suffer us to goe without a legall Warrant, telling Mr. Sergeant, that if the warrant were legall, if we would

Page 24

not goe, they would help him to crry us, so Mr. Serieant went into the Clarkes office, and mende the forme of the Warrant, but wanted Mr. Speakers hand unto it, who was then gone home, so we gave him our Perrowls to appeare there betimes the next morning, and accordingly we did, and tha evening reading Sir Edward Cooks Commentary upon the 29. Chap. of Magna Charta, and his Exp¦sition of the 1. Edward 2. which treats upon breaking of prison, in his 2 part institutes. I find in th last, fol 590, 591. he expresly declareth, it is not enough to expresse the cause in generall, but it m•••• be in particular, and if for Treason, for what particular Act of Treason, and if for Fellony, For whi•••• particular act of Fellony; whose words at large you may read in the 74, 75 pages of The People Prerogative. And in the 5, 6. and 10. pages of Sir Iohn Maynards case truly stated.

And being at the House of Commons doore the next morning, Mr. Serieant shewed me my warran the Copy of which verbatim thus followeth.

BY vertue of an Order of the House of Commons, these are to require you to receive from the Serieant at Armes, or his Deputy, the body of Lievt. Col. Iohn Lilbune into the Tower of London, and him there to detain in safe Custody as your Prisoner, in order to his tryall according to Law, he being committed for treasonable and seditious practises against the State, and for so doing this shall be your Warrant.

Dated 19. Ianuary. 1647.

To the Lievtenant of the Tower of London.

William Lenthall, Speaker.

Vpon reading of which, we both desired to speake two or three words with Mr. Speaker, (and the House being not sate) we accordingly did, and I told him I very much desired his favour to be called againe to the bar, to speake two or three words to the Legallity of the warrant, for as it was (I told him) we might remaine in prison ad infinitum, before the Iudges durst or would grant us a Habeas Corpus to bring us up to the bar of iustice, to receive a legall tryall, or our liberty according to Law: And having Sir Edward Cookes 2. part inst. in my hand, published by their own Order for good law, I desired to shew him his iudgement to declare the Warrant illegall, but when the House sate wee could not prevaile to be called in, but Mr. Serieant came to me, and pressed me to be willing to goe to prison upon the Warrant already made, or else the House had ordered him to force me, but I told him I would loose my life before I would be a traytor to the liberties of England, which I must doe, (J told him) if I obeyed that illegall Warrant. And when I had so done, I fell of preaching law and iu∣stice out of Sir Edward Cookes institutes, (then in my hands) and the Parliaments own declarations to the Souldiers that guarded the House, telling them, that they were raised to fight to preserve the li∣berties and freedomes of England, but not to destroy them which they must of necessitie doe if they laid violent hands upon me to force me to prison upon the Houses illegall Warrant, and in making mee a slave, they subiected themselves to slavery, and manifest themselves to be a pack of arrant mercinarys, by destroying their own declarations, being it was possible my case to day, might be theirs to morrow, I further told them, that a generall charge of treason in Law was no charge at all, by the Houses own Declarations, and J instanced the case of the five Members, and the Lord Kimbilton, and the same is de∣clared in the case of Alderman Pennington, when he was Lord Maior of London, And Alderman Folks, Col. Ven, and Col. Manwering, whose cases you may read in the first part book declarations, pag. 38, 39. 77, 201. 278. 660. 845.

I also instanced the cases of Mr, Hollis and the rest of the eleven Members, where the House vote, a generall charge was no charge.

And I also told them it was no contempt of authority, (by the Parliaments own Declarations)

Page 25

to refuse obedience to illegall commands, for in their declaration of the 19 May, 1642. 3. part book dec. pag. 101. they look upon the Atturney generalls impeachment of the 5. Members, and the Lord Kim∣boton as upon a hainous crime against the Law of nature, against the rules of iustice, that innocent men should be charged with so great an offence as treason, in the face of the highest Iudicatory of the Kingdome, whereby their lives and estates, their blood and honour are indangered without witnesse, without evidence, without all possibilitie of reparation in a legall course, yet a crime (marke it very well) of such a nature, that his Maiesties command can no more warrant, then it can any other act of iniustice; It is true (say they) that those things which are evill in their own nature, such as a false testimony, or false accusation, cannot be the subject of any command, or induce any obligation of obedience upon any man by any authority whatsoever, therefore the Atturney in this case, was bound to refuse to exe∣cute such a command. And pag. 150. If a Generall attempt or command to turne the mouths of his owne Cannons against his own Souldiers, it doth ipso ac••••, estate the Army in a right of disobedience, because the Generall hath gone against the nature of his trust and place. See also page 266, 267. 269. 276, 277. 34 361. 382. 494. 696, 700. 716. 721 726. But that my Warrant is illegall, I evince it in those foure particulars.

First, because it is signed by the Speaker of the House of Commons, who as Speaker, in law hath no power at all in the case in controversie, to commit me to prison, for the House it self, is chosen and betrusted to make and repeale Lawes, but is not in the least by law or reason impowred to execute the Law.

Secondly, my warrant had no seale to it, as by law it ought to have, as is fully proved by the fore recited places: but neither of these were the things I stood upon, though I might iustly have done i in Law.

Thirdly, my Warrant hath no legall cause expressed in it, and therefore illegall, because it only runs in generall, but doth not expresse in Particular the treason they lay to my charge, and therefore not in law to be obeyed, either by me or by the Lievtenant of the Tower, or any other, against all the executers of which in Law. I have my action of false imprisonment, if there were any iustice to be had, which now I must and will say, is destroyed by Sir Thomas Fairfax, and his mercionary Ianisaries under his command. As is clearly evident in their late condemning W. l. Thomson by Martial Law, who is a meer Commoner.

Fourthly, it wanted a legall conclusion, viz. and him safely to keep, untill he be delivered by due course of Law, which two last things I stood upon, and ground enough I had so to doe, because for want of them I was eternally co••••mitted to prisn, without any legall crime laid unto my charge. And there∣fore mecinary, Ianisary Col Baxster, might as well and as legally commanded his Souldiers to have cut my throat, as to have commanded them to have drawn their swords upon me, and to have dragd ee away by force of Armes, by vertue of an illegall warrant. Fr if my warrant had been legall, I could with a Haba Corpus have brought up my self to the Kings Bench bat the last tearm and there accor∣ding to law, have forced my imprisoners to a legall tryall, either for my iustification o condemna••••••••, whereas now by the illegallity of my warrant, I am deprived of all meanes to bring my self in a ••••st tryall at Law (although J desire it as much at to eate when I am a hungry) and so now must either starve or rot in prison, or troop unto the wills of Tyrants to cry them pccavie, to get my liberty, to the traterous betraying of the lawes and liberties of England, the which rather then J would wil∣lingly doe, I would by Gods assistance be cut in a thousand pieces.

But expostulating with the Officers and Souldiers that commanded the guard, the Serieant at Arms could not get one of them to lay hand upon me, and at last it at mercionary, cowardly, unworthy, base fellow, Col Baxster (came up with a freshguard) who hath not the least sparke of a true brd English man in him, (as I shall be ready when time serves to testifie to his nose) and I begun to expo∣stulate in law and reason with him, but he like a professe Mercionary, Turkish Ianisarie told me to this effect. It was his office and place, not to dispute Orders or Commands, but to put them in execu¦tion, and therefore J must talke no more to him, for to prison he would carrie me; and most imperi∣ously commanded to cleare the Lobby of all my friends, and not knowing but 〈◊〉〈◊〉 intention was to

Page 26

murder me at the House of Commons doore, in such a manner, that there should be none of my friends by to beare witnesse of his blood guiltinesse: I gave my books, staff, and gloves to my friends being resolved (of pssile I could) to seize upon the very wind pipe of him that first laid hands upon me, and to deale with him as a bloody fellow, that came to murther and distroy me, but the crou going out of the doore J strove to goe with them: and as soon as I was out upon the top of the stai•••• he himself laid hands upon me, but the croud was so strong, that my very armes was ••••nnioned, tha I could doe no more but attempt the throwing him down the staires, but the croud became his pro and safeguard, and all of a sudden, abundance of swords were drawn about my cares, and I so crouded up, that I was necessiated to have patience perforce, although I was resolved if I could have go any elboe room, to have lost my life upon the place like a man, rather then to have been robd of my lgall and naturall liberties standing upon my feet; but some of the Souldiers were extreamly despe∣rate, and mad upon me, upon which I cryed out murder, murder, murder, as loud as ever I could cry, whereupon followed a fearefull cry of the people in the same tone, & Baxsters new Souldiers that hee brought up with him, that had heard none of my discourse, laid about them like mad men, upon a company of naked men, and knockt down some of my friends with the but ends of their Muskets, and others run severall times a tilt at me, with their drawn swords, and had undoubtedly dispatched me, had not my wife stood betwixt me and them, and one young fellow especially I took notice of, who run severall times fearcely a tilt at me, and had undoubtedly distroyed me, but for the ingenuitie of the Lievtenant belonging to the Captain of the guard, which fellow upon inquirie, I found to be the Ensigne to the Captaine of the guard, and as I was led away, I found my old acquaintance, Captain Groome very active against me, and to set up Slavery and Tyranny, veryfying that proverb, that set a begger on horseback, and he will gallop, and drive more furiously then he that is acccustomed to riding.

So being necessitated to yeeld up at present, the liberties and freedoms of England, to the tyranny of that House of Commons, and the Souldiers of that Generall, who raised and commanded an Army pretendedly to fight for and preserve the liberties of England, and in divers of their Declarations have imprecated the wrath and vengeance of Heaven and earth to fall upon them when they cease so to doe, And truly did J not consider there is a iust, righteous, and powerfull God in Heaven, that is able to performe upon these mens heads, their own prayers, J should even be overwhelmed with sorrow and griefe at their unrighteous, blood thirsty, and cruell dealings with me. And being with a guard of Souldiers by water, brought to the Tower, and discoursing with Col. Titchburne the present Lievte∣nant of the Tower, I became ingaged upon my perrowle, to be a true prisoner, and he became ingaged to use me with all civilitie and respect, which truly from himself I have at this bout no cause to complain of, but yet notwithstanding ever since by his Warders at the gate, my friends have bin contrary to the laws & liberties of England, very much restrained for comming to me, & have often bin forced to stay an houre or two at the gate before they could get a Keeper to come up with them to me, and divers have had from them very base and provoking language, and others have been forced to goe away without acces unto me, so that I am in some sence in the nature of a close prisoner, robd by men in greatest autho∣ritie of my estate and proprietie, robd of my liberty, and of the free accesse of my friends unto me, in my great and almost unsupportable captivitie, so that if it be not immediately mended, I must bee necessitated and compeld whether I will or no, to cry out in the next to all the free men of England, as loud as I did in the Bishops time, in my Epistle to the Apprentices of London of the 10. May 1647. (which I caused on ther play day to be thrown in Moorfields amongst them) Murder, Murder, and Mur∣der, and provoke every English man that hath the spirit of a man in him, to importune (with loud cryes) the Parliament to doe me iustice and right, so far as I have Law and iustice on my side, and to punish or distroy me without mercy, so farre as by law and iustice I have deserved it, which is all the curtesie I crave at the hands of all the men in England, and resolved I am by Gods assistance, never to sit down in silence so long as they so murderinly and tyrannically (as they doe) tyrannise over me, let the issue be what it will, I value it not, having long since through the goodnesse of God learned to

Page 27

dye, hoping and strongly beleeving, that that God hath been my God in six troubles, and in seaven hath ot left me, will be a loving and carefull husband and father unto my poore wife and children, if I hould be taken from them, in that distressed meane and low condition they are now in. And there∣ore M. Frost, I shall draw towards a conclusion, and according to my promise in the foregoing lines, ive you a short breviate of Mr. Iohn Morris his case, as I find it drawn up to his Excellency Sir Tho∣as Fairfax, by divers of the late Agents, which thus followeth.

May it please your Excellency.

BEing deeply oppressed in our spirits, and overburthened in ourselves, at the manifold dolefull outcryes and complaints of the people in all parts of our quartes where we come, uttered against the daily pressures and inroads that are made by prerogative and arbitrary violence upon their Com∣mon rights, and in particular the cry and miserable moane of certain oppressed Commoners, to wit of Iohn Poyntz, alias Morris, Esquire, Isabella Smith, Iohn Harris, and Leanord Darby, comming unto our ates, that we could not, but (as in duty we are bound) deeply represent their miserable condition, as fellow feelers of their oppressions, and persons lyable (when we come into their single capacitie of Commons) to the said mischiefe, and therefore conceiving it our duty to contribute our utmost en∣deavours for the remedy of the same, we could not but unburthen in some measure our spirits unto your Excellency in their behalfes, who in such a horrid and barbarous manner have been abused and sup∣planted of their common rights, by acts of violence and force, committed by Iohn Brown, Clarke unto the House of Lords, and his accomplicies, under the colour of severall Orders surruptuously by misinforma∣tions gained from the said House, to the high usurpation and abuse of the name and authority of Par∣liament, in permitting the image thereof upon his own prerogative outrage and violence, to the totall uine and supplantation of the iust freedomes and birthright, inheritance of the said persons, as the severall papers thereunto subioyned for the full information of your Excellency doe demonstrate. And for more certain confirmation of our premises, represented by the same, be pleased to consider, that whereas the abovesaid persons, are accused, condemned, and sentenced by the Lords (supprised by Browns misrepresentations and delusions) to pay 2500. l. fine, and suffer imprisonment, contrary to the regular course of the Lawes, during the pleasure of the said House, for forging and framing a copy of an Act of Parliament, touching the estate of the said Iohn Poyntz, alias Morris, pretended to be taken out of the Office of the said Iohn Brown with his hand thereunto, no such originall Record as Brown pretendeth to be found in his office, that since the said accusation, another originall Record of the said Act of Parliament with other writings and evidences for the said estate, is found in the Court of Wards, and they have gained copyes thereof, examined and subscribed by the Master of the said Court and his Clarkes, the which with their hands thereunto are herewith presented, and concerning the truth there∣of, three of us can also give it upon oath, that the wife of one Godfrey Cade, now prisoner in the Fleet, did declare unto us, that the said John Brown went to the Fleet unto her husband, and gave him 25. shillings in hand, and promised him 5. l. more, and his inlargement, to sweare at the Lords Bar, that he forged the copy of the said Act of Parliament, and counterfeited the Clarkes hand unto it, and the sai Cade did also confesse the same.

Wherefore we humbly implore that your Excellency would be pleased to grant the said distressed persons your letter of request, unto the Parliament according to their Petition herewith directed to your Excellency, that the said persons and their adversaries, may be left to the free course and tryall at common law, and that in the meane time till the controversie concerning the estate be decided at Law, the said persons may inioy their inlargement upon Bayle, without any further trouble or durance, and the execution of their severe sentence be suspended, and the said Poyntz, alias Morris enioy peace∣able possession of the said estate, like as all his ancestors from the dayes of Queen Elizabeth have done before him, which request is so reasonable and iust, and their condition so miserable, desperate, and

Page 28

dangerous, and of such concernment to the whole Common wealth, that no man, if such exhorbit¦ces be not stop and ••••rbd, can have any security in his estate of liberty, that we cannot but promise our selves your Excelencies conse••••••••••n of their condition, and readily assent unto their iust s Thus we humbly take our leave, beseeching your favourable construction upon our boldnesse a remaine

Your Excellencies most humble Servants and Souldiers,

  • Lievt. Gen. R.
    • ...Robert Everard.
    • ...George Sadler.
  • Com. Gen. R.
    • ...George Garret.
    • ...Thomas Beverly.
  • Col. Whalys
    • ...Matthew Wealy.
    • ...William Russell.
    • ...Will. Sampson.
    • ...Richard Daley.
  • Col. Riches.
    • ...Will. Hudso
    • ...Iohn Dober.
  • Col. Fleetwood.
    • ...William Priar.
    • ...William Bryan.

Now Mr. Frost to conclude all at the present, I shall desire you to aske your grand Senior Cra¦well, whether he intends forthwith, to become an absolute brother to the great Turke, and to set up ¦mongst us in England his absolute tyranny, and the reason why J desire you to doe it, is because heare he lately neer the Parliament, met with on William Thomson, a meer Commoner and no Sou¦dier, and without any affront given him by the breath of his mouth, committed him prisoner to 〈◊〉〈◊〉 Mercinary lanisaries at Whitehall, and have since passed a sentence upon him, at a Councell of War to be shot to death, over whom he hath no more jurisdiction then the great Turke hath, and now kee him close prisoner in Whitehall, without use of pen, inke, and paper, where it is said he intends th¦ly to murder him, for no other crime in the world, but only because he hath more honestly in his li finger, then Cromwell hath in all his body. So being in hast, letting you know I intend to visit yo again, and your silly Comrade William Prinn shortly, for writing his late silly book for the supporta¦on of the Lords rotten and illegall jurisdiction, and so I rest.

Your Antagonest, John Lilburne.

FINIS.

Notes

  • Which statute ver∣atim you may reade n the 9 page of my last forementioned book withall the rest of the princpalest statutes made for the Peoples libertie since Magna Charta.

  • Which you may may at large read in my Plea before M Corbet, &c. recorded in the 8 9 10. pages of my book, called the resolved mans resolution, and in Mr. John Wldmans late defence called touhs triumph.

  • See Sir Edward Cooks 3. part insti∣tuts fol.

  • Which I am sure the House of Commons are not in the least, their proper worke being to repeale and make Lawes, and to leave the execution of them to the Iudges and Iustices of peace, &c. see the peoples prerogative, p 40, 41, 72, 7. & M. eld∣mans truths triumph p 17, 18, 19.

  • And I am sure this relation that he hath ven in under his hand to the Comittee f Darby house, and printed by him in is answer to Mr. Wildmans book, and re∣rinted in Mr. Frosts for mencioned book, 〈◊〉〈◊〉 not one halfe of what he said at the Hose of Commons br, and yet their are es enough for all that, as appears by an nswer to it, called a lash for a Lyar.

  • See the Votes of May 20. 1642. 1. part book decl. pag. 259, 260. compared with pag. 499. 508, 509 574. 576. 580. 584, 587. 617. 618. 632. 640. 722. 914.

  • See 1 part book decla. p. 199. 304.

  • And therefore of all dangerous kind of cattell that ever were; have a care of the Lawyers, whose interest it is to set up and promote tyranny, that so thereby divisi∣ons and discords enough may be be∣got, without which they cannot live and grow rich and great, and therefore take this for an infallible rule, that if at any time there be any thing promoting for healing the divisions of the people, and secu∣ring their liberties and proprieties, the mercinary hackney Lawyers, are principally the men that bend all their might and strength to oppose it and crush it, and therfore I say againe look upon them with an evill eye, as the vermine, plagues and pests of a Common wealth, there being so many of them in England, as is able to set a thousand peaceable Kingdomes together by the eares, therefore say I to the people, never fit still till you have got your Lawes abreviated, with all their entryes and proceedings in English, that so you may understand them, and plead your causes your selves, and so let the Lawyers goe shake their cares; till which you will never inioy peace and quietnesse.

  • See his Bill of Attainder (by vertue of which he lost his head) printed in the 29. pag. of the Peoples prerogative, read also the 6. 47. 55. pages thereof, read also his charge, printed at large in a book cal∣led speeches and passages, mentioned in the 28 pag. of my book above mentio∣ned.

  • See amongst many other of their tran∣scendent acts of iniustice, the lamentable case of Iohn Pointz, alias Morrice, Esquire, and Isabel Smith, &c. which you may read at the last end of this Epistle.

  • See 1 part book dec. pa. 289, 364. 365. 398. 548. 557.

  • See 1. part book decl. pag. 324. 508. and Vox Plebis, pag. 43, 44, 45, 86. 92. 93. 94. in which pages the Lords are soundly paid, but especially in the last, the strength of which is taken out of Will. Prinns part of the soveraign power of Parliaments and kingdomes. pag. 42, 43. 44. where he hath (if my judgement serve me) levelled the Lords as sow, as ever any of those he calls Levellers in England did, and therefore his new book needs no other answer but his own words in his forementioned book, so his own hand is against himself.

  • I desire the Reader to read my large A∣ologie formerly made in this kind, which e shall find in the 24, 25. pages of my ook called the Resolved mans resoluti∣n, in which book the treachery and navery of my bloody and tyrannicall tar Chamber Iudges, old Sir Henry Vain, s lively carrectarised.

  • Which is very well and fully proved in the 2, 3, 4, 5. pages of Englands Birth∣right, and the last sheet of Mr. Iohn Wild∣mans defence against Mr. Masterson, called Truths triumph, or treachery anotamised. and Sir Iohn Mayna protest delvered to the Lords the 14 Feb. 1647.

  • And I must and will now say here in he margent, that Mr. William Lenthall he speaker was the principalest man that en sought to murder and destroy me, for y Innocency, and the powerful fountain from whence all my then miseries and sufferings did come, although I medled nor made not with him before he had got me clapt by the heeles,, only he having 〈◊〉〈◊〉 guiltie conscience in him, made him smite any that he apprehended stood in his way, but this let me w tell him, that I am very confident of it, if Mr. Laurance Whittaker, Mr. Corbet and the rest of he Committee of Examinations, had performed the duty of righteous Judges, and not have made a most false and lying report to the House of Commons, Mr. Speaker had been proved a Traytor accor∣ding to their own Ordinances, but read Englands birth right.

  • By or from your self Mr. Speaker, Dr. Bastwick, and Col. Edward King,

  • And Mr William Prinn was authori∣sed by authority, being the common di∣vulger of Lyes, to print it, see his book called the Lyar confounded, pag. 27, and my answer to it called Innocency and Truth iustified, pag. 4, 5, 6. 34, 35. where I prove, that in eight lines, he hath told thirteen or foureteen Lyes.

  • And who those men of power are, you may find named in Englands Birth right, and my book called Innocency and truth iustified, in which two books you may read the whole histo¦ry of all that desperate combate,

  • As all pleadings or tryalls in all Courts of justice ever ought to be. See 2. part inst. fo. 103. 104, and regall tyranny, p. 81, 82. 83. And the Royall quarrell. p. 8. & S. Io. Maynards case truly stated.

  • And the helpe of their Creatures in the House, I the rather proferred them, be∣cause I was certainly informed, that Mr. Sam. Brown, Mr. Pridix, and Mr. Hill, (all Lawyers (had proctered for them in the open House, against me a little be∣fore of whom face to face in that particular, in their own profession, I dare ingage my head to make Novices and lyars of.

  • Who I doe aver delt most unworthily, trecherously and not like a righteous iudg nor ajust English man with me, who though the House had expresly ordered him and the rest of the Committee, not only to heare and examine my businesse, but also to conclude their opinions upon it, and report their results to the House, yet notwithstanding Mr Maynard being then in the Chaire (as some of the Committee told me) would not upon any tearmes suffer them to doe it, by meanes of which he rob me of my reall benefit of that Committee which the House inten∣ded me, and hath done like a trecherous man as much as in him lyes, to destroy me and my liberties, and the liberties of all the Commons of England, the Lords being encouraged thereby to deale since as illegally with Sir John Maynard, and other Commons of England, as they have done with me; see Sir Iohn, pleas of the 5 and 14, Feb. 1647.

  • The names of those my unrighteous and barbarous High Commission and Star-Chamber Iudges are, Dr. Lamb, Dr. Gwin, and Dr. Alylet, whose hands were to my first commitment, and yet never see my face, & these that past my first bloody whipping sentence upon me, &c. were Lord Coventry, Earle of Manchester, Lord Newburgh, old Sir Henry Vaine, Lord Chiefe Iustice Bramstone, and Iudg Jones, & those that past my second most barbarous sentence to starve me &c. were Canterbu∣ry, Coventry, London, Manchester, Arundell, Salisbury, Cottington, Secretary Cook, and Windebank, the severall sentences you may read at large in the 1, 2, 3, 4. pages of my printed relation before the Lords, of the 13. Feb. 1645. and from the fattest and ablest of these, I expect my reparations, viz. from old Sir Henry Vain, & the Earl of Salisburys, whose greatnesse alone in both Houses, I have cause to iudg hath kept me all this while from my reparations, and therefore O all true hearted English men help me to grapple with their lawlesse greatnesse.

  • See my Epistle to Col. West, late Liev. of the Tower, called the Oppressed mans oppressions declared. pag. 2, 3. 4. and Vox Plebs. pag 43, 44 45. and the late complaint or true relation of the cru∣ell sufferings of the Knights and Gentle∣men prisoners in the tower of London. pa. 3, 4, 5, 7, 10.

  • See their last Declaration gainst the King, of the 11. f February, 1647.

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